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HomeMy WebLinkAboutPC RES 4214105- A RESOLUTION • THE PLANNING COMMISSION OF TH Mon LINE CITY OF TUSTIN APPROVING CONDITIONAL USE PERMI 2012-13, DESIGN REVIEW 2012-007, AND MINO 1 ADJUSTMENT 2012-02, ALLOWING CONSTRUCTION AN OPERATION OF A NEW DAY CARE CENTER AT 14501 NEWPORT AVENUE WITH REDUCED PARKING. 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 2012-13, Design Review 2012-007, and Minor Adjustment 2012-02, was filed by Mr. Joseph Haikal requesting authorization to demolish an existing building and tennis court and construct a new 6,300 square-foot day care center located at 14501 Newport Avenue. B. That the site is located in the Retail Commercial (C-1) and has a Community Commercial General Plan land use designation. C. That the Community Commercial land use designation provides for 10 retail, professional office, and service-oriented business activities serving a community-wide area and population. 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 a public hearing was duly called, noticed, and held for Conditional Use Permit 2012-13, Design Review 2012-007, and Minor Adjustment 2012-02 on December 11, 2012, by the Planning Commission. E. That Conditional Use Permit 2012-13 and Design Review 2012-007 are consistent with, and implement, the General Plan Land Use Element goals and policies by improving urban design in Tustin to ensure development that is both architecturally and functionally compatible, and encouraging and promoting high quality design and physical appearance in development projects. F. 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: Resolution No. 4214 Page 2 1) The proposed day care use is authorized pursuant to Section 92321J12 of the Tustin City Code with the approval of a Conditional Use Permit by the Planning Commission. 2) The proposed use is appropriate under the General Plan Land Use Element Community Commercial designation in that a day care center is a service-oriented business that would provide a benefit to working parents in the community and a safe and caring environment for children. 3) That the proposed hours of operation are consistent with other similar uses and surrounding businesses. 4) As conditioned, Conditional Use Permit 2012-13 may be reviewed as often as necessary, by the Community Development Director. If the use is not operated in accordance with Conditional Use Permit 2012-13 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 implementation/application of the proposed conditions would ensure compatibility of the proposed use with the surrounding uses and the Tustin City Code. 6) The Tustin Police Department has reviewed the application and has no immediate concerns. G. That pursuant to Section 9272(C) of the Tustin City Code, the Planning Commission finds that the location, size, architectural features, and general appearance of the proposal will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Planning Commission finds that the mass and appearance of the project will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole and has considered at least the following items: 1. Height, bulk, and area of buildings; 2. Setbacks and site planning; 3. Exterior materials and colors; 4. Type and pitch of roofs; 5. Size and spacing of windows, doors, and other openings; 6. Roof structures; 7. Landscaping, parking area design and traffic circulation; 8. Location, height and standards of exterior illumination; Resolution No. 4214 Page 3 9. Location and appearance of equipment located outside of an enclosed structure; 10. Location and method of refuse storage; 11. Physical relationship of proposed structures to existing structures in the neighborhood; 12. Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares; and, 13. Development guidelines and criteria as adopted by the City Council. Items 1 through 13 have been considered in that, as conditioned, the new building would enhance the site and be harmonious with the highest standards of improvements in the surrounding area and community. H. That granting of Minor Adjustment 2012-02 shall not constitute a grant of a special privilege inconsistent with the limitation upon other properties in the vicinity and district in which the subject property is situated based on the following findings: a. That the location of the property at two street intersections prescribed special circumstances in that additional building setbacks from two streets are required thereby limits site and building design for day care centers. b. The intent of the parking regulation as prescribed in the General Plan is preserved in that the reduction of parking spaces by five (5) percent, can be supported by the submitted Parking Study and ITE Parking Generation studies. C. The parking provided will be sufficient to serve the use intended and potential future uses of the same site in that the submitted Parking Study and ITE Parking Generation information demonstrates that parking demand would be accommodated by the proposed twenty-two (22) parking spaces provided and any future conversion to a retail use would require converting portions of playground area to provide a total of twenty-six (26) parking spaces. d. The adjusted decrease in the number of parking spaces shall not be detrimental to the public health, safety or general welfare or materially injurious to properties located in the general vicinity in that the child day care use is conditioned to create and maintain a parking and drop-off /pick-up policy in place that addresses proper and safe procedures. Resolution No. 4214 Page 4 e. That should the City exercise its authority to widen Newport Avenue and Walnut Avenue, Tustin City Code Section 9273(f) exempts the use of the land and structure which is made "non conforming" either in design or arrangement due to acquisition of public right-of-way. As such, reconfiguration of the play area to accommodate the State's Community Care licensing requirement and reduction of parking spaces to sixteen (16) spaces at time of public right-of-way acquisition could be accommodated. That this project is Categorically Exempt pursuant to Section 15303, Class 3 (New Construction or Conversion of Small Structures) of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). 11. The Planning Commission hereby adopts Resolution No. 4214 approving Conditional Use Permit 2012-13, Design Review 2012-007, and Minor Adjustment 2012-02, authorizing the construction of a new 6,300 square-foot day care center with reduced parking (all contingent on City Council approval of Ordinance 1425) and 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 11t" day of December, 2012. TEMP OZAK Chairperson ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 4214 Page 5 STATE OF CALIFORNIA COUNTY • 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. 4214 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 11th day of December, 2012. ELIZABETH A. BINSACK Planning Commission Secretary MINE 11 LeJAMI M �4(01 ki I a] I I rel 0 k*1101 i WA :1 :1 :49ITZ A 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped December 11, 2012, 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 The subject approvals shall become null and void if grading or building permits are not issued 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 (CUP) 2012-13, Design Review (DR) 2012-007, and Minor Adjustment (MA) 2012-02, is contingent on the City Council's approval of Code Amendment 2012-04, which revises daycare facility parking standards to include requiring one (1) space for every employee/staff plus one (1) space for every ten (10) children and adequate drop-off facilities. (1) 1.5 Approval of CUP 2012-13, DR 2012-007, and MA 2012-02, 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. 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, 4214 CUP 2012-13, DR 2012-007, MA 2012-02 Page 2 (1) 1.6 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). 1.7 Conditional Use Permit 2012-13 may be reviewed on an annual basis, or more often if necessary, by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance CUP 2012-13, or is found, after meeting and conferring with the applicant, to be a nuisance or substantial and demonstrable negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall impose additional conditions to eliminate the nuisance or substantial and demonstrable negative impacts. (1) 1.8 As a condition of approval of CUP 2012-13, DR 2012-007, and MA 2012-02, 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 ME 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 Approved uses shall operate within all applicable State, County, and the Tustin City Code. (5) 2.1 The applicant shall develop and maintain a student drop-off / pick-up policy, which shall be provided to parents prior to starting services. The applicant shall submit the drop-off / pick-up policy to the Community Development Department for review and approval. Exhibit A Resolution No, 4214 CUP 2012-13, DR 2012-007, MA 2012-02 Page 3 (5) 2.2 Interim Day Care Use shall be considered as the period of use of the property as a daycare facility before the widening of Newport Avenue and Walnut Avenue to its ultimate right-of-way width. During Interim Daycare Use, the applicant shall operate the daycare facility as follows: a. Operate with maximum 108 students and twelve (12) employees. b. Provide and maintain twenty-two (22) parking spaces on the property. (5) 2.3 Ultimate Day Care Use shall be considered as the period of use of the property as a daycare facility after the widening of Newport Avenue and Walnut Avenue to its ultimate right-of-way width. In the event the City widens Newport Avenue and Walnut Avenue, the applicant shall accommodate the widening and operate the daycare facility as follows: a. Operate in compliance with applicable State regulations including reducing the number of on-site parking to sixteen (16) spaces to accommodate playground area requirements. b. Relocate the playground fencing to the ultimate right-of-way. 2.4 If in the future the City determines that a parking problem exists on the site or in the vicinity as a result of the proposed project, the Community Development Director may require the applicant to prepare a parking demand analysis and bear all associated costs. If the study indicates that there is inadequate parking, the applicant shall be required to provide immediate interim and permanent mitigation measures to be reviewed and approved by the Community Development Department and the Public Works Department. The mitigation measures may include: • Adjust hours of operation • Reduce the number of students and staff • Provide additional parking spaces (5) 2.5 In the event the property is no longer used as a daycare facility for a period of at least twelve (12) months, the applicant shall convert the property to commercial use as follows: a. Remove playground fencing and replace with landscaping. b. Expand the parking lot into the adjacent playground area in the west corner of the property and provide a minimum of twenty- six (26) parking spaces to accommodate the required number Exhibit A Resolution No. 4214 CUP 2012-13, DR 2012-007, MA 2012-02 Page 4 of parking spaces for retail uses at a rate of 1 space per 250 Q• uare feet. 2.6 The property owner and/or preschool operator shall comply with the interior and exterior noise standards for residential properties, as set forth in Tustin City Code Section 4614. (1) 2.7 No amplified sound devices are permitted outside of the building. (5),(6) 3.1 The applicant shall provide detailed landscape plans, including plant species and quantity, at formal plan check submittal. 3.2 The project shall comply with parking lot landscape requirements (TCC 9266e) and shall incorporate into the plans the required number of trees for perimeter landscaping. 3.3 The project shall comply with the Water Efficient Landscapes Ordinance (Tustin City Code 9701 et al). (5),(6) 3.4 The project shall comply with the Synthetic Turf Standards per Ordinance No. 1398. 3.5 At the time of building permit application, the plans shall comply with the current edition of the codes (2010 California Building Standards Code and 2011 Green Building Code), City Ordinances, State, Federal laws, and other regulations as adopted by the City Council. 3.6 The applicant shall obtain a license from the State of California Community Care Licensing Division and provide a copy to the City prior to commencement of daycare use. (5) 3.7 All utilities shall be placed underground. (5) 3.8 Exterior walls and fencing shall be treated with graffiti-resistant coating. 3.9 Prior to issuance of grading permits and building permits, the applicant shall provide documentation from the Orange County Health Care Agency stating the project site is suitable for a child day care use. Exhibit A Resolution No. 4214 CUP 2012-13, DR 2012-007, MA 2012-02 Page 5 [C1 ZT-11 110I I im (1) 4.1 This development shall comply with all applicable provisions of the City of Tustin Water Quality Ordinance and all Federal, State, and Regional Water Quality Control Board rules and regulations. 4.2 Preparation of a sedimentation and erosion control plan for all work related to this development shall be required. 4.3 Prior to issuance of a Grading Permit, a final grading plan, prepared by a California Registered Civil Engineer, shall be submitted and approved. The plan shall be consistent with the approved site and landscaping plans. 4.4 Prior to issuance of a Grading Permit, a grading bond (on a form acceptable to the City) will be required. The engineer's estimate, which covers the cost of all work shown on the grading plan, including grading, drainage, water, sewer and erosion control, shall be submitted to the City for approval. (1) 4.5 Prior to issuance of any permits, the applicant shall submit for NINE approval by the Community Development and Public Works Departments, a Water Quality Management Plan (WQMP). A Priority WQMP shall identify: Low Impact Development (LID) principles and Best Management Practices (BMPs) that will be used on-site to retain storm water and treat predictable pollutant run-off, the implementation of BMPs, the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance association, lessees, etc.), and reference to the location(s) of structural BMPs. (1),(5) 4.6 Prior to submittal of a Water Quality Management Plan (WQMP), the applicant shall submit a deposit of $2,700.00 to the Public Works Department for the estimated cost of reviewing the WQMP. (1),(5) 4.7 Prior to issuance of any permits, the applicant shall record a "Covenant and Agreement Reqardinq 0 & M Plan to Fund and Maintain Water Quality BMPs, Consent to Inspect, and Indemnification", with the County Clerk-Recorder. This document shall bind current and future owner(s) of the property regarding implementation and maintenance of the structural and non-structural BMPs as specified in the approved WQMP. Exhibit A Resolution No. 4214 CUP 2012-13, DR 2012-007, MA 2012-02 Page 6 6-IgIga • (5) 5.1 Pursuant to Tustin City Code Section 9271x and in conformance with the Circulation Element of the City of Tustin General Plan, prior to issuance of any permit, the applicant shall provide an irrevocable offer to dedicate in fee title ten (10) feet of additional street right-of- way along the project frontage of Newport Avenue to its ultimate major arterial width and ten (10) feet of additional street right-of-way along the project frontage of Walnut Avenue to its ultimate primary arterial width, including the corner cut-off at the southwest corner of Newport Avenue and Walnut Avenue. Dedications shall be made at no cost to the City. The applicant shall submit a legal description and plat as prepared by a California Registered Civil Engineer or California Licensed Land Surveyor to the Engineering Division for review and approval. Also pursuant to Tustin City Code Section 9271x, prior to issuance of any permit, the applicant shall make a one-time ten thousand dollars ($10,000.00) cash deposit for their fair share of the cost of design and construction of the adjacent future roadway widening improvements. Dedications shall state that the City of Tustin shall be permitted to obtain, at no cost to the City, a ten (10) foot wide Temporary Construction Easement (TCE) and a right-of-entry for all on-site joins when the ultimate street improvements are constructed. The TCE and the right-of-entry shall terminate on the date that the Notice of Completion for the future City improvement project is recorded at the Orange County Clerk-Recorder's office, (5) 5.2 Upon notice from the City of impending roadway widening, the property owner shall promptly remove and relocate all private property facilities out of the roadway dedication area contained in the irrevocable offer, at no cost to the City, and meet the requirements of City of Tustin Community Development Department's standards. Private property facilities shall include, but not be limited to: playground equipment, fencing, and devices to meet water quality requirements, etc. (5) 5.3 The applicant shall design and reconstruct approximately fifty-five (55) feet of damaged sidewalk on Newport Avenue adjacent to the existing driveway. The sidewalk shall be designed and constructed to meet the current federal Americans with Disabilities Act (ADA) requirements and the City of Tustin Public Works Standards. Exhibit A Resolution No. 4214 CUP 2012-13, DR 2012-007, MA 2012-02 Page 7 (1) 5.4 Prior to any work in the public right-of-way, an Encroachment Permit shall be obtained from and applicable fees paid to the Public Works Department. (1) 5.5 Prior to issuance of an Encroachment Permit, the applicant shall submit to the Public Works Department 24" x 36" reproducible street improvement plans, as prepared by a California Registered Civil Engineer, for approval. The plans shall clearly show existing and proposed surface and underground improvements, including construction and/or replacement of any missing or damaged public improvements adjacent to this development. Said plans shall include, but not be limited to, the following: a) b) C) d) e) f]) g) h) i) j) Curb and gutter Sidewalk, including curb ramps for the physically disabled Drive aprons Traffic signal Domestic water facilities Dry utility lines Sanitary sewer facilities Landscape/irrigation Street lighting Catch basin/storm drain drain system M, 11 laterals connection to existing storm (1) 5.6 Prior to issuance of an Encroachment Permit for construction within the public right-of-way, a 24" x 36" construction area traffic control plan, as prepared by a California Registered Traffic Engineer, or Civil Engineer experienced in this type of plan preparation, shall be prepared and submitted to the Public Works Department for approval. 5.7 Current federal Americans with Disabilities Act (ADA) requirements shall be met at all driveways and sidewalks adjacent to the site. City of Tustin Public Works Standards shall apply, unless otherwise approved by the City Engineer. Depending on the applicable City standard, an easement on private property for pedestrian access may be required. In this case, a legal description and sketch of the dedication area, as prepared by a California Registered Civil Engineer or California Licensed Land Surveyor, shall be submitted to the Public Works Department for review and approval. Exhibit A Resolution No. 4214 CUP 2012-13, DR 2012-007, MA 2012-02 Page 8 (1) 6.1 The water improvement plans must follow the latest City of Tustin Water Standards and the American Water Works Association (AWWA) guidelines. In case of a conflict, the City of Tustin Water Standards shall prevail. (5) 6.2 In accordance with the plans, a backflow prevention device may be required to protect the public water system from cross connections. a) If a double check detector assembly (DCDA) is required, an easement for public utility access purposes must be dedicated to the City of Tustin. The easement shall start from the public right-of-way up to the DCDA with a minimum distance of five (5) feet all around the DCDA to allow for unobstructed access, inspection, testing, and maintenance. b) If a building sprinkler system is required by the Orange County Fire Authority (OCFA), the applicant shall be required to provide a backflow prevention device at his or her expense to prevent cross contamination with the public water system. c) If the applicant proposes to use an irrigation system, then a separate water meter may be required. If this is the case, a reduced pressure principle assembly (RPPA) shall be required to prevent cross-connection with the public water system. (5) 6.3 Any easements for construction and maintenance of public water facilities within private property shall be reviewed and approved by the Public Works Department prior to recordation with the Orange County Clerk-Recorder. The applicant shall submit a legal description and sketch of the area to the Public Works Department for review and approval, as prepared by a California Registered Civil Engineer or California Licensed Land Surveyor. (1),(5) 6.4 A release/approval from the East Orange County Water District (EOCWD) shall be obtained prior to receiving water service from the City of Tustin. The applicant shall submit a water permit application to EOCWD, and is responsible for all application, connection and other EOCWD fees. (1),(5) 6.5 The adequacy of a proposed water system plan for a proposed development project, including the number, size and distribution of fire hydrants, must be reviewed by OCFA. Plans meeting OCFA fire Exhibit A Resolution No. 4214 CUP 2012-13, DR 2012-007, MA 2012-02 Page 9 protection requirements must be stamped and approved by that agency. 6.6 The proposed domestic water system plans must conform to all applicable regulations enforced by the Orange County Health Department. SOLID WASTE RECYCLING (1),(5) 7.1 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). a) The applicant/contractor is required to submit a WRRP to the Public Works Department. The WRRP must indicate how the applicant will comply with the City's requirement (City Code Section 4351, et al) to recycle at least 50 percent of the project waste material. b) The applicant will be required to submit a fifty-dollar ($50.00) application fee and a cash security deposit. Based on the review of the submitted Waste Management Plan, the cash security deposit will be determined by the Public Works SEEN Department in an amount not to exceed 5 percent of the ON project's valuation. c) Prior to issuance of a permit, the applicant shall submit the required security deposit in the form of cash, cashier's check, personal check, or money order made payable to the "City of Tustin". (1),(5) 8.1 The applicant shall satisfy dedication and/or reservation requirements as applicable, including, but not limited to, dedication in Fee Title of all required street rights-of-way; dedication of all required flood control right-of-way easements: and dedication of vehicular access rights, sewer easements, and water easements defined and approved as to specific locations by the City Engineer (at no cost to the City) and/or other agencies. (1),(5) 8.2 CARD Requirements - In addition to the normal full-size map and plan submittal, all final maps and plans including, but not limited to, tract maps, parcel maps, right-of-way maps, records of survey, public works improvements, private infrastructure improvements, final grading plans, and site plans shall be submitted to the Public Exhibit A Resolution No. 4214 CUP 2012-13, DR 2012-007, MA 2012-02 Page 10 Works Department in computer aided design and drafting (CADD) format to the satisfaction of the City Engineer. The standard file format is AutoCAD Release 2009, or latest version, having the extension "DWG". All layering and linotype conventions are AutoCAD-based (latest version available upon request from the Public Works Department). The CADD files shall be submitted to the City at the time plans are approved, and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. No project bonds will be released until acceptable "as built" CADD files have been submitted to the City. 8.3 Prior to issuance of a Building Permit, the applicant shall provide written approval from the Orange County Sanitation District (OCSD) for sewer service connections. 8.4 All trash enclosures shall utilize the City of Tustin Community Development Department Trash Enclosure Standard to accommodate at least two (2) 4-yard bins, with at least one (1) bin reserved for recyclable materials. (1) 8.5 Any damage done to existing public street improvements and/or utilities shall be repaired to the satisfaction of the City Engineer before issuance of a Certificate of Occupancy for the development. (5) 9.1 Prior to issuance of a building permit, the applicant shall submit plans for approval for architectural review for educational occupancy (Service Code PR212). (5) 9.2 Prior to issuance of a building permit, the applicant shall submit plans for approval that show underground piping for private hydrants and fire sprinkler systems (Service Code PR470-PR475). (5) 9.3 Prior to issuance of a building permit, the applicant shall submit plans for a fire sprinkler system (Service Code PR400-PR425). (5) 9.4 Prior to concealing interior construction, the applicant shall provide a sprinkler monitoring system (Service Code PR500). An automatic fire alarm system (Service code PR500-PR520) is required for an E occupancy with two or more classrooms. Exhibit A Resolution No. 4214 CUP 2012-13, DR 2012-007, MA 2012-02 Page 11 (5) 9.5 Prior to issuance of temporary or final certificate of occupancy, all OCFA inspections shall be completed to the satisfaction of the OCFA inspector and be in substantial compliance with codes and standards applicable to the project and commensurate with the type of occupancy request. (1) 10.1 Prior to issuance of any permits, payment shall be made of all applicable fees, including but not limited to, the following: • Building and Planning plan check and permit fees. • Orange County Fire Authority fees. • Orange County Sanitation District fees. • New construction fees. • School fees. • Major Thoroughfare and Bridge Fees (for the Foothill/Eastern Transportation Corridor Agency (TCA)) to the City of Tustin, through the Public Works Department). The fee rate schedule automatically increases on July 1st of each year. 10.2 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.