HomeMy WebLinkAboutPC RES 4207RESOLUTION NO. 4207
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF TUSTIN, RECOMMENDING THAT THE CITY
COUNCIL APPROVE CONDITIONAL USE PERMIT 2012-10
AUTHORIZING A MAXIMUM OF 24 OUTDOOR EVENTS PER
YEAR AT 310 SOUTH PASADENA AVENUE.
The Planning Commission does hereby resolve as follows:
The Planning Commission finds and determines as follows:
A. That a proper application for Conditional Use Permit 2012-10 was filed
by Mr. Michael Demoratz and Mr. Lindburgh McPherson requesting
authorization for a maximum of 24 paid outdoor events per year at the
existing single family residence at 310 S. Pasadena Avenue.
B. That the site is located in the Single Family Residential District (R1)
and Cultural Resource District (CR), and has a Low Density
Residential General Plan land use designation.
C. That the Low Density Residential land use designation provides for
residential uses and a variety of public, institutional, and other uses
which are determined to be compatible with, and oriented toward the
1101 needs of these neighborhoods. In addition, the project has been
reviewed for consistency with the Air Quality Sub-element of the City of
Tustin General Plan and has been determined to be consistent with the
Air Quality Sub-element.
D. That Conditional Use Permit 2012-10 is consistent with, and
implements, the following General Plan Land Use Element goals and
policies:
a. Policy 5.5: Encourage the restoration and rehabilitation of
properties in Tustin eligible for inclusion on the National Register of
Historic Places according to the rehabilitation guidelines and tax
incentives of the National Trust for Historic Preservation.
b. Policy 6.5: Preserve historically significant structures and sites,
and encourage the conservation and rehabilitation of older
buildings, sites and neighborhoods that contribute to the City's
historic character.
c. Policy 7.1: Broaden the City's tax base by attracting businesses
which will contribute to the City's economic growth and employment
opportunities while ensuring compatibility with other General Plan
goals and policies.
d. Goal 10: Improve and strengthen the Tustin Old Town/First Street
area with a unique pedestrian environment and diverse mix of
goods, services, and uses.
Resolution No. 4207
Page 2
e. Policy 10.1: Improve the Old Town District's identity as the City's
historical and architectural focus and its contribution to the City's
economic base.
E. That the purposes of the CR District are as follows:
a. Safeguard the heritage of the City by preserving neighborhoods,
structures, sites and features which reflect elements of the City's
cultural, architectural, artistic, aesthetic, political, social, natural and
engineering heritage.
b. Encourage public knowledge, understanding, and appreciation of
the City's past.
c. Strengthen civic and neighborhood pride and a sense of identity
based on the recognition and use of cultural resources.
d. Provide the private and public enjoyment, use and preservation of
culturally significant neighborhoods, structures and sites
appropriate for the education and recreation of the citizens of Tustin
and visitors to the City.
e. Enhance property values and increase economic and financial
benefits to the City and its inhabitants.
f. Assure that new construction and subdivision of lots in the Cultural
Resource District are compatible with the character of the district.
g. Identify as early as possible and resolve conflicts between
preservation of historic and cultural resources and alternative land
uses.
F That the proposed outdoor event use, which is a nonlisted use in the
CR District, supports the purposes of the CR District and is consistent
with and implements Policies 5.5, 6.5, 6.11, 7. 1, and 10.1 and Goal 10
of the Land Use Element of the General Plan in that:
a. The proposed use would introduce many first-time Old Town
Tustin visitors to Tustin's historic resources which would foster
knowledge, understanding, and appreciation of Tustin's past.
b. The proposed use would complement and bring recognition to a
historic resource, which would promote the identity of Old Town
Tustin.
c. The proposed use would allow for the enjoyment and use of a
locally significant historic property by Tustin citizens and visitors.
Resolution No. 4207
Page 3
d. The proposed use has the potential to directly and indirectly
generate additional revenue for the City in the form of business
license taxes, sales tax, and transient occupancy tax.
e. The proposed use could be conditioned to avoid potential conflicts
between the events and the surrounding Cultural Resource
District.
G. That a public hearing was duly called, noticed, and held for
Conditional Use Permit 2012-10 on October 9, 2012, by the Planning
Commission.
H. That the establishment, maintenance, and operation of the proposed
use will not, under the circumstances of this case, be detrimental to the
health, safety, morals, comfort, or general welfare of the persons
residing or working in the neighborhood, nor be injurious or detrimental
to the property and improvements in the neighborhood of the subject
property, or to the general welfare of the City of Tustin in that:
I ) The proposed use is authorized pursuant to Section 9252j2(a)(2)
of the Tustin City Code with the approval of a Conditional Use
Permit by the Tustin City Council, which may consider a proposed
nonlisted use of a property within the CR District when the use
supports the purposes of the CR District, following a public hearing
and recommendation by the Planning Commission.
2) The proposal is consistent with the Single Family Residential (Rl)
zoning district standards in that other assembly uses such as
churches, schools, parks and playgrounds also are subject to
conditional use permit approval. The proposed use is appropriate
under the General Plan Land Use Element Low Density Residential
designation in that similar assembly uses such as churches and
schools are allowed when determined to be compatible with the
neighborhood.
3) The proposed use is consistent with other private gatherings such
as charity events and weddings and with other public gatherings
such as home tours and promenades which have occurred on a
regular basis without significant disruption in the Cultural Resource
District.
Resolution No. 4207
Page 4
4) As conditioned, Conditional Use Permit 2012-10 may be reviewed
as often as necessary, by the Community Development Director. If
the use is not operated in accordance with Conditional Use Permit
2012-10 or is found to be a nuisance or negative impacts are
affecting the surrounding uses, the Community Development
Director would have the authority to impose additional conditions to
eliminate the nuisance or negative impacts or may initiate
proceedings to revoke the Conditional Use Permit.
5) The proposed outdoor events would be managed by the property
owners who have experience hosting many outdoor charity events
at 310 S. Pasadena Avenue. The City will rely on the property
owners to fulfill the conditions of approval and comply with all
Building/Safety Codes.
6) The implementation/application of the proposed conditions would
ensure compatibility of the proposed use with the surrounding uses
and the Tustin City Code.
7) The proposed outdoor events would be ancillary to the existing
single family residence at 310 S. Pasadena Avenue and are not
anticipated to result in parking impacts since an adequate number AN—MI,
of parking spaces will be required to be provided at an approved off-
site parking lot to accommodate parking needs.
8) The Tustin Police and Public Works Departments have reviewed
the application and have no immediate concerns.
1. That this project is Categorically Exempt pursuant to Sections 15301,
Class 1 (Existing Facilities) and 15303, Class 3 (New Small Facilities)
of Title 14, Chapter 3 of the California Code of Regulations
(Guidelines for the California Environmental Quality Act.
11. The Planning Commission hereby recommends that the City Council
approve Conditional Use Permit 2012-10 authorizing a maximum of 24
outdoor events per year at 310 S. Pasadena Avenue, subject to the
conditions contained within Exhibit A attached hereto.
PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a
regular meeting on the 9th day of October, 2012.
4t4'—
ST If ROMIK
Chairperson
ELIZABETH A. BINSACK
Planning Commission Secretary
Resolution No. 4207
Page 5
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF TUSTIN
1, Elizabeth A. Binsack, the undersigned, hereby certify that I am the Planning Commission
Secretary of the City of Tustin, California; that Resolution No. 4207 was duly passed and
adopted at a regular meeting of the Tustin Planning Commission, held on the 9th day of
October, 2012.
ELIZABETH A. BINSACK
Planning Commission Secretary
EXHIBIT A
RESOLUTION NO. 4207
ongpiol I I • 0 &IL41 MAIN
1.1 The proposed project shall substantially conform with the submitted
plans for the project date stamped _, on file with the Community
Development Department, as herein modified, or as modified by the
Director of Community Development in accordance with this Exhibit. The
Director of Community Development may also approve subsequent
minor modifications to plans during plan check if such modifications are
consistent with provisions of the Tustin City Code.
(1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be
complied with as specified, subject to review and approval by the
Community Development Department.
(1) 1.3 This approval shall become null and void unless the first event takes
place within twelve (12) months of the date of this Exhibit. Time
extensions may be granted if a written request is received by the
Community Development Department within thirty (30) days prior to
expiration.
(1) 1.4 Approval of Conditional Use Permit 2012-10 is contingent upon the
applicant and property owner signing and returning to the Community
Development Department a notarized "Agreement to Conditions Imposed"
form and the property owner signing and recording with the County Clerk-
Recorder a notarized "Notice of Discretionary Permit Approval and
Conditions of Approval" form. The forms shall be established by the
Director of Community Development, and evidence of recordation shall be
provided to the Community Development Department.
1.6 This condition shall serve as a precitation and to inform the responsible
person(s) and property owner(s) of the compliance requirements
pursuant to the Tustin City Code (TCC) and/or other applicable codes,
laws, and conditions. Failure to comply with the conditions of approval
set forth herein shall result in the issuance of an administrative citation
pursuant to TCC 1162(a). The City may also take further legal action
including issuing the responsible person(s) a citation and/or abating the
violation(s) with the cost of such abatement and/or prosecution
assessed against the responsible person(s), the property owner(s),
and/or the property as a lien. Upon the issuance of a third administrative
SOURCE CODES
(1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT
(2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES
(3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY
(4) DESIGN REVIEW *** EXCEPTION
Exhibit A
Resolution No. 4207
CUP 2012-10
Page 2
citation within a one year period, the Community Development Director
shall set the matter for hearing before the Planning Commission and
City Council to consider revocation or the imposition of additional
conditions.
(1) 1.6 Conditional Use Permit 2012-10 may be reviewed as often as necessary
by the Community Development Director on the Community
Development Director's own initiative or in consultation with the Police
Chief or the Director of Public Works, to ensure compatibility with the
area and compliance with the conditions of approval contained in this
Resolution and related Exhibits ("conditions of approval"). If the
Community Development Director, either on the Director's own initiative
or after consulting with the Police Chief and/or the Director of Public
Works, determines that there is evidence that the use is being operated
in a manner inconsistent with the conditions of approval or is creating a
nuisance or otherwise negatively or detrimentally affecting surrounding
uses, the Community Development Director may impose additional
conditions to eliminate the nuisance or negative impacts, or may set the
matter for hearing before the Planning Commission and the City Council
as provided under Tustin City Code Section 9293. At the conclusion of
NOR- such hearing, the City Council may either revoke the permit or impose
additional conditions as the City Council may reasonably determine
necessary or convenient to eliminate any nuisance or minimize any
negative impacts.
(1) 1.7 If in the future the City's Community Development Director, Police Chief,
and/or Public Works Department determine that a parking, traffic, or
noise problem exists on the site or in the vicinity as a result of the
facility, the Community Development Director, Police Chief, and/or
Public Works Department may require that the applicant prepare a
parking demand analysis, traffic study, or noise analysis and the
applicant shall bear all associated costs. If said study indicates that
there is inadequate parking or a traffic or noise problem, the applicant
shall be required to provide mitigation measures to be reviewed and
approved by the Community Development Department, Police Chief,
and/or Public Works Department. Said mitigation measures may
include, but are not limited to, the following:
(a) Adjust days and/or hours of operation.
(b) Reduce the maximum attendance at events.
(c) Provide additional or alternative parking.
(d) Eliminate live entertainment.
Exhibit A
Resolution No. 4207
CUP 2012-10
Page 3
(e) Require additional on-site security personnel.
(f) Provide sound attenuation.
(1) 1.8 As a condition of approval of Conditional Use Permit 2012-10, the
applicant shall agree, at its sole cost and expense, to defend, indemnify,
and hold harmless the City, its officers, employees, agents, and
consultants, from any claim, action, or proceeding brought by a third party
against the City, its officers, agents, and employees, which seeks to
attack, set aside, challenge, void, or annul an approval of the City Council,
the Planning Commission, or any other decision-making body, including
staff, concerning this project. The City agrees to promptly notify the
applicant of any such claim or action filed against the City and to fully
cooperate in the defense of any such action. The City may, at its sole cost
and expense, elect to participate in the defense of any such action under
this condition.
(1) 1.9 The applicant shall be responsible for costs associated with any necessary
code enforcement action, including attorney's fees, subject to the
applicable notice, hearing, and appeal process as established by the City
Council by ordinance.
(1) 1.10 An event may be required to cease operating at any time, at the discretion
of the Tustin Police Department Watch Commander or Community
Development Director or designee, in response to complaints received
during the event from the surrounding community regarding disturbances
of the peace, or for violations of the conditions of approval contained
herein or the Tustin City Code.
1.11 If an event requires extra planned or unplanned City services such as
police, code enforcement, or public works services, as determined by
the Community Development Director, the applicant shall reimburse the
City for any costs associated with the planned or unplanned City
services.
USE RESTRICTIONS
2.1 All events shall take place entirely within the outdoor areas of the
property.
2.2 A maximum of 24 outdoor events shall be allowed per calendar year. A
maximum of five (5) outdoor events shall be allowed per calendar
month.
Exhibit A
Resolution No. 4207
CUP 2012-10
Page 4
2.3 The maximum attendance at each outdoor event shall not exceed a total
of 200 people for the event, including service providers, such as caterers,
musicians, photographers, etc.
2.4 Events, including set up activities, shall take place only between 10:00
a.m. and 10:00 p.m. on Friday and Saturday, and between 10:00 a.m. and
9:00 p.m. on Sunday through Thursday.
2.5 Based on the maximum allowable attendance of 200 and a parking
requirement of one space per 3 guests, the approved off-site parking lot or
lots shall accommodate a minimum of 67 vehicles in marked parking stalls
and/or through valet parking, as approved by the Director of Community
Development.
2.6 There shall be no event parking on Pasadena Avenue or any other street.
All guests and service providers shall park their vehicles on the property at
310 S. Pasadena Avenue, or at an off-site parking lot approved by the
Director of Community Development. The applicant and/or property
owner shall post signage, as approved by the Director of Community
Development, at the front of 310 S. Pasadena Avenue identifying the
location of the approved off-site parking lot and indicating that no guest
MIS
IN parking is permitted on Pasadena Avenue or any other street. No other
event signage shall be allowed.
2.7 The applicant and/or property owner shall submit a parking and traffic
management plan for the off-site parking lot and the surrounding
neighborhood street system to Public Works Department for review and
approval a minimum of thirty (30) calendar days prior to the first outdoor
event that utilizes the approved off-site parking lot. The parking and
traffic management plan shall be prepared by a registered Traffic
Engineer or a registered Civil Engineer with experience in preparing a
parking and traffic management plan. The parking and traffic
management plan must emphasize measures that will provide
assurance that event attendees will not be parking in the surrounding
neighborhood, including the implementation of an identification system
for shuttle passengers
The applicant and/or property owner shall retain a bonded/licensed
traffic management company to implement the provisions of the parking
and traffic management plan including set-up/break-down and removal
of all traffic control devices at the conclusion of each event.
Exhibit A
Resolution No. 4207
CUP 2012-10
Page 5
2.8 The applicant and/or property owner shall provide to the Director of
Community Development a written shared parking agreement between
the property owners of 310 S. Pasadena and the off -site parking lot a
minimum of thirty (30) calendar days prior to the first outdoor event that
utilizes the approved off-site parking lot. If the agreement is terminated,
events shall be discontinued until an alternate parking lot is approved for
off-site parking by the Director of Community Development.
(1) 2.9 The approved off-site parking lot shall not operate in such a manner that
would impact any traffic lanes, cause back up (queuing) of vehicles into
the public right-of-way, or create any unsafe conditions.
2.10 Outdoor events shall not be held during business hours of the businesses
that utilize the approved off-site parking lot.
2.11 The applicant and/or property owner shall provide evidence of a written
contract for event shuttle services to the Director of Community
Development a minimum of ten (10) calendar days prior to the first event
that utilizes the shuttle service. The form and content of this agreement
shall require approval by the Director of Community Development.
2.12 A non-diesel shuttle van, with a maximum capacity of 12 passengers,
shall provide continuous shuttle service to and from 310 S. Pasadena
Avenue beginning no later than one hour prior to the event and ending
once all guests and service providers have vacated the property at 310 S.
Pasadena Avenue. For events with 100 guests or more, a minimum of
two non-diesel shuttle vans, each with a maximum capacity of 12
passengers shall provide continuous shuttle service, unless approved
otherwise by the Director of Community Development. Shuttle van drivers
shall refrain from sounding horns and other noise making devices. Shuttle
vans shall be ADA compliant and shall not idle for more than three (3)
minutes.
2.13 A minimum of one parking lot attendant or valet shall be present at the
approved off-site parking lot beginning no later than one hour prior to the
event and ending once all vehicles have vacated the approved off-site
parking lot. Duties of the attendant or valet shall include directing guests
to use the shuttle service rather than walking to the event site, limiting
noise, discouraging loitering, and reporting any unusual activities to the
applicant, property owner, and/or designated event coordinator.
Exhibit A
Resolution No. 4207
CUP 2012-10
Page 6
2.14 All service providers for the events, such as caterers, equipment rental
employees, photographers, musicians, florists, etc. shall park their
vehicles on the property when making deliveries and retrieving items. All
boxes, carts, and equipment shall be placed out of view from the public
right of way.
2.15 A minimum of one event attendant shall be stationed at the front of 310 S.
Pasadena Avenue beginning one hour prior to the event and until all
guests and service providers have vacated the premises. Duties of the
event attendant shall include directing guests, monitoring on-street
parking, limiting noise, discouraging loitering, and reporting any unusual
activities to the applicant, property owner, and/or designated event
coordinator.
2.16 All events shall be by invitation only. Invitations addressed to event
guests may not include the venue's address and shall include parking
instructions to the off-site parking location and clearly state that parking for
the event shall be prohibited on Pasadena Avenue, 2"d Street, Myrtle
Avenue, and any other street, and that the hosts of the event may be fined
0, for each violation of this requirement.
2.17 Shuttles providing transportation to and from the event site shall only park
on-site or on the street directly in front of 310 S. Pasadena Avenue or on
the street adjacent to the approved off-site parking lot.
2.18 No refrigerated trucks or trucks with generators shall be allowed to park at
310 S. Pasadena Avenue during outdoor events.
(1) 2.19 Any litter on-site or within the public right-of-way attributable to the
outdoor event shall be removed within one hour of the conclusion of the
event. The applicant and property owner shall assume full responsibility
for clean-up of litter, refuse, and debris attributable to the event.
(1) 2.20 No outdoor storage of event chairs, tables, canopies, or other event items
shall be permitted, except as approved by the Director of Community
Development.
(1) 2.21 The existing garage shall be available for the parking of vehicles.
Storage may occur in the garage only to the extent that such storage
does not impede vehicle parking nor reduce the number or required
minimum size of the required garage space, which is 20 feet by 20 feet.
(1) 2.22 The outdoor event use shall
remain ancillary
to
the single
family
residential use of the property.
At such time
the
residential
use is
discontinued or no longer the
primary use of
the
property,
or the
'CUP 2012-10
Page 7
applicants for Conditional Use Permit 2012-10 no longer own the property,
the use permit shall be deemed null and void.
(1) 2.23 The types of live entertainment permitted includes single performers,
duos, disc jockeys, karaoke singers, the use of a piano, organ,
keyboard, radio, record, tape, compact disc player juke box, television
receiver, or similar device. Any change to the type of live entertainment
other than authorized by this Conditional Use Permit shall be authorized
by the Director of Community Development.
(1) 2.24 The ambient noise levels resulting from the outdoor events shall not
exceed the standards of the City of Tustin Noise Ordinance.
(1) 2.25 No loitering, public drunkenness, informal gathering, or other activities by
guests or service providers shall occur on the public right of way, at the
approved off-site parking lot, or on any private residential property in the
vicinity of 310 S. Pasadena Avenue or the approved off-site parking lot.
(1) 2.26 All amplified sound and music shall cease by 10:00 pm. on Friday and
Saturday, and by 9:00 p.m. on Sunday through Thursday.
SIMON,
ONE
(1) 2.27 Tables, chairs, tents, and other equipment associated with the event shall
not be removed from the site between 11:00 p.m. and 10:00 a.m. on
Friday and Saturday, and not between 10:00 p.m and 10:00 a.m. on
Sunday through Thursday.
2.28 The applicant and/or property owner shall notify the Tustin Police
Department Watch Commander (by electronic mail) of the date and time
of each outdoor event, and the phone number and email address of the
designated event coordinator (if applicable) at least 72 hours prior to the
event.
2.29 The applicant, property owner, or designated event coordinator shall be
present on-site during the entirety of each outdoor event, including set-up
and clean-up. The applicant, property owner, or designated event
coordinator shall be accessible by mobile telephone and e-mail during the
event to address any issues or complaints from community members.
The mobile telephone number and email address and a schedule of
upcoming event dates and times shall be provided on the applicants'
website at least thirty (30) days prior to the event.
2.30 The service and consumption of alcoholic beverages on the premises
during any outdoor event may occur only in accordance with all
regulations and requirements of the State Department of Alcoholic
Beverage Control.
Exhibit A
Resolution No. 4207
CUP 2012-10
Page 8
MEMO;
(1) 2.31 Persons who appear obviously intoxicated prior to the event shall not be
admitted into the premises for the duration of the outdoor event.
(1) 2.32 Patrons who become obviously intoxicated during the event shall not be
served any additional alcoholic beverages.
2.33 All service providers, including caterers, musicians, photographers, and
florists shall be selected from a list of approved service providers
maintained by the applicant and/or property owner.
2.34 Prior to the first outdoor event, the proposed restroorn facilities shall be
approved and inspected by the City of Tustin.
(1) 2.35 There shall be no special events sponsored by or involving an outside
promoter or any other person other than the applicant and/or property
owner. The building may not be sublet to a separate business or
promoter or person other than the applicant and/or property owner.
111— (1) 2.36 All businesses that will be operating within the City of Tustin as a result
VIN of this conditional use permit, including event setup and clearing, shall
be required to obtain a valid City of Tustin Business License and all
required permits.
(1) 2.37 A Certificate of Appropriateness shall be approved prior to the issuance
of permits for any exterior improvements requiring a building permit.
(1) 2.38 Lighting shall not produce light, glare, or have a negative impact on
adjacent properties. Details of all proposed lighting fixtures and a
photometric study showing the location and anticipated pattern of light
distribution of all proposed fixtures shall be provided at plan check. All
new light fixtures shall be consistent with the architecture of the building
and all exterior lighting shall be designed and arranged as not to direct
light or glare onto adjacent properties, including the adjacent streets. Wall-
mounted fixtures shall be directed at a 90-degree angle directly toward the
ground.
2.39 Cooking and/or food preparation for outdoor events shall not occur inside
any building on the property.
(1) 2.40 Fire and Police access and passage shall be permitted at all times. All
activities including parking and equipment shall not block parking areas,
access, or passage for disabled persons or emergency response
vehicles.
Exhibit A
Resolution No. 4207
C UP 2012-10
Page 9
(1) 2.41 The proposed restroom addition shall be a minimum of 10 feet from the
existing gazebo or it shall be attached to the existing gazebo.
2.42 Residential solid waste collection services shall be provided to the
property.
BUILDING DIVISION
(1) 3.1 An Accessible Route of Travel continuous from the street to the
accessible bathrooms is required for the use of persons with disabilities as
required by California Building Code. These facilities located at private
residences shall have accessible elements leading to the accessible
bathrooms, including homeowner's front sidewalk, ramps, gates, etc.
Chapter 11 B, Sections 1101136, 11026, and 1133B. Directional and
informational signs, gate access and hardscape walks are required.
Sections 11 17B.5, and 1133B.
3.2 Based on the CUP request, the public is permitted only to the outdoor
facilities and the rear bathrooms, and therefore not to residences,
including family room(s) as these structures are not accessible to persons
with disabilities.
(1) 3.3 At the time of building permit application, the plans shall comply with the
2010 Edition State and the City of Tustin adopted codes: California
Building Code, California Electrical Code, California Plumbing Code, City
Ordinances, and State and Federal laws and regulations.
FEES
(1,S) 4.1 Prior to issuance of a City of Tustin Business License and/or
commencement of an event, whichever occurs first, the applicant shall
provide written approval from the Orange County Sanitation District
(OCSD) with regards to fees for the proposed restroom and outdoor use
to the City of Tustin. If necessary, the applicants shall upsize the sewer
lateral.
(1) 4.2 Prior to issuance of a City of Tustin Building Permit and/or
commencement of an event, whichever occurs first, the applicant shall
provide written approval from the Transportation Corridor Agency (TCA)
with regards to fees for the proposed restroom and outdoor use to the
City of Tustin.
Exhibit A
Resolution No. 4207
CUP 2012-10
Page 10
(1) 4.3 Within forty-eight (48) hours of approval of the subject project, the
applicant shall deliver to the Community Development Department, a
cashier's check payable to the COUNTY CLERK in the amount of fifty
dollars ($50.00) to enable the City to file the appropriate environmental
documentation for the project. If within such forty-eight (48) hour period
the applicant has not delivered to the Community Development
Department the above-noted check, the statute of limitations for any
interested party to challenge the environmental determination under the
provisions of the California Environmental Quality Act could be
significantly lengthened.
MEMO