Loading...
HomeMy WebLinkAbout07 DR 2013-007 FOR 675 W. THIRD STREET4M IN AGENDA REPORT MEETING DATE: DECEMBER 10, 2013 TO: PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT DEPARTMENT SUBJECT: DESIGN REVIEW 2013 -007 FOR 675 W. THIRD STREET APPLICANT: LEON TRAN 7332 20TH STREET # E WESTMINSTER, CA 92683 PROPERTY OWNER: LOCATION: HIEP BUI 675 W. THIRD STREET TUSTIN, CA 92780 675 W. THIRD STREET TUSTIN, CA 92780 GENERAL PLAN: LOW DENSITY RESIDENTIAL ITEM #7 ZONING: SINGLE - FAMILY RESIDENTIAL (R -1), CULTURAL RESOURCE OVERLAY DISTRICT (CR) l ilT l t: i• ]. I k y d:11 , r r-11 STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15301, CLASS 1 AND 15303, CLASS 3 OF TITLE 14, CHAPTER 3 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. REQUEST: DESIGN REVIEW (DR 2013 -007) TO CONSTRUCT A TWO CAR GARAGE AND REMODEL AN EXISTING SINGLE FAMILY RESIDENCE FOR CODE COMPLIANCE AT 675 W. THIRD STREET RECOMMENDATION That the Planning Commission adopt Resolution No. 4237, approving Design Review (DR) 2013 -007 to construct a new two car garage and remodel an existing single family residence for code compliance at 675 W. Third Street. Planning Commission December 10, 2013 DR 2013 -007 Page 2 APPROVAL AUTHORITY In accordance with Tustin City Code (TCC) Section 9272, the Community Development Director shall approve the submitted plans if the location, size, architectural features and general appearance of the proposed development will not impair the orderly and harmonious development of the area, the present or future development therein, the occupancy thereof, or the community as a whole. The Director may recommend an application for Planning Commission consideration based on the merits of each individual proposal. Based on the previous history of this property and input from the surrounding community, the Director has recommended this item for consideration by the Planning Commission to allow for additional public input. A Certificate of Appropriateness (CofA) is required subject to specific findings set forth in TCC 9252h for properties within the Cultural Resource District. BACKGROUND The site is located in the Single - Family Residential (R -1) Zoning District within the Community Resource Overlay District (CR) and is designated Low Density Residential General Plan Land Use Designation. The project site is located on the north side of 3`d Street, east of S. Myrtle Street and west of Pacific Street (Attachment A — Location Map). The property is surrounded on all sides by single family residential structures within the R1 District. The property is also located within the Cultural Resource (CR) Overlay District, where a Certificate of Appropriateness will be required (at the time of building permit issuance) certifying that all work undertaken does not adversely affect the character of the historic district. City Planning Commission December 10, 2013 DR 2013 -007 Page 3 records indicate that the existing single family residence is not listed on the City's Historic Survey. Figure 1 shows the location of the subject property. Figure 1. Aerial Map The project site is a 7,000 square foot lot with a two -story house and a detached patio structure. In September of 2004, the prior property owner received authorization (DR 03 -027) to construct a three (3) bedroom and three (3) bathroom addition to the existing single -story residence. The addition and remodel consisted of a new 960 square foot second floor addition, a new 800 square foot first floor addition, and a new two -car garage located at the rear of the property. Code enforcement history at this property dates back several years; however, in October 2012, Code Enforcement staff received a complaint that the property was for sale with a listing of seven (7) bedrooms. On November 7, 2013, City staff, including two code enforcement officers and a senior building inspector, conducted an on -site inspection of the property with the real estate listing agent who was listing the property on behalf of Wells Fargo (bank owned property). The violations generally included: unpermitted bedroom conversions for a total of 7 bedrooms (max 3 permitted); the two car garage was converted to a bedroom; unpermitted bathroom additions; and an open air patio which was converted to living space; structural deviations including a sagging structural beam which extended the length of the kitchen; and other various code violations. A Notice and Order was issued on November 16, 2012, with a detailed list of violations and floor plans showing the approved plans from September 7, 2004, and a depiction of the unpermitted modifications that had been made upon inspection (Reference Planning Commission December 10, 2013 DR 2013 -007 Page 4 Attachment B). Multiple administrative citations were issued to Wells Fargo for failure to address the violations in a timely manner; however, the violations were not corrected by the bank and the property was sold. On April 18, 2013, staff received a letter from Mr. Hiep Bui, indicating that he was the new property owner. One administrative citation was issued to Mr. Bui for maintaining the violations and failure to resubmit plans in a timely manner. Since that time, city staff, including planning and code enforcement staff, have worked extensively with the new property owner and his representative to process the project application. PROJECT DESCRIPTION The current proposal meets the City's requirements to bring the single family residence into code compliance. The proposal includes a remodel of the first floor as follows: • Reconfigure the front fagade and build a new front loaded two car garage • Reduce the number of bedrooms from seven (7) to four (4) • Convert the former garage (which was inaccessible to cars) to a study room with bathroom and laundry • Reduce the overall size of the floor area by demolishing 100 square feet from the front of the house and construct a front porch and entryway • Remove unpermitted brick pavers within the City's right of way and replace with new driveway and ADA compliant city sidewalk Reference site plan in Attachment C. MCCO wn1 a Proposed Front Elevation Planning Commission December 10, 2013 DR 2013 -007 Page 5 As shown in the proposed floor plan of the first floor (shown left and in Attachment C), there are three bedrooms and a study room proposed. A master suite will remain on the second floor which makes a total of four (4) bedrooms. The Tustin City Code requires a 2 -car garage for homes improved with 4 or less bedrooms and a 3 -car garage for homes improved with 5 or more bedrooms. The proposal only provides a 2 -car garage. FINDINGS In determining whether to approve the Design Review for the proposed project, the Planning Commission must find that the location, size, architectural features, and general appearance of the proposed project will not impair the orderly and harmonious development of the area, the present or future development therein, or the community as a whole. A decision to approve this request as conditioned may be supported by the following findings: 1. Height bulk and area of buildings — the height and bulk of the building meets current standards and will remain essentially the same. The lot ` "-- Based on prior code enforcement at the property, staff has included a condition of approval which ,® limits the property to four (4) bedrooms and from being utilized for guest quarters, second unit or _ boarding house uses (Resolution li w ii No. 4237 Condition No. 2.5). This condition requires the „__ property owner to record a deed «-- restriction to ensure that no part �.�.° of the residence is used for any use other than single family residential and the study room Proposed Floor Plan shall not be converted for use as a bedroom. In the alternative, the proposal should incorporate a three -car garage. Findings and conditions have been included in Resolution No. 4237 to address any proposed conversion (Attachment D). FINDINGS In determining whether to approve the Design Review for the proposed project, the Planning Commission must find that the location, size, architectural features, and general appearance of the proposed project will not impair the orderly and harmonious development of the area, the present or future development therein, or the community as a whole. A decision to approve this request as conditioned may be supported by the following findings: 1. Height bulk and area of buildings — the height and bulk of the building meets current standards and will remain essentially the same. The lot Planning Commission December 10, 2013 DR 2013 -007 Page 6 coverage is allowed at a maximum of 40% lot coverage and is proposed at 40 %. 2. Setbacks and site planning — The existing residence and proposed addition of the garage meet the required front, side and rear setbacks for the R1 District. The proposal to demolish a portion of the front fagade to accommodate a new front porch will provide a welcoming approach to the front of the house and is consistent with surrounding residences within the Cultural Resource District. 3. Exterior materials and colors — The exterior materials and colors are proposed to match the existing house and consist of muted brown earth tones. 4. Type and pitch of roofs — The rooflines will remain as they are existing for the living area. The addition of a new entry and two car garage with pitched roof is consistent with the pitch and architectural design other properties within the residential area. 5. Size and spacing of windows, doors, and other openings — Most windows will remain. A new front entry door with a small entry porch is proposed which will create an inviting and aesthetically pleasing fagade. 6. Landscaping, parking area, design and traffic circulation — The unpermitted brick paving will be removed in portions of the City Right of Way to accommodate a sidewalk and drive approach. A landscaping plan will be required prior to issuance of a building permit. 7. The property is zoned for single family residential use and is limited to no more than the maximum of four (4) bedrooms at all times unless a third car garage is provided. Use of any portion of the property or attached room(s) as a guest quarters, second unit, or boarding house is not permitted. Prior to the issuance of building permits, the property owner will be required to execute and record a deed restriction in a form acceptable to the Community Development Department and City Attorney to ensure that the property shall maintain a maximum of four (4) bedrooms and no part of the residence is used for any use other than single family residential. This deed restriction will need to be recorded with the Office of the Orange County Recorder and shall be binding upon all future owners or interested parties of the subject property. ENVIRONMENTAL This project is Categorically Exempt pursuant to Section 15301, Class 1 and 15303, Class 3 of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act) Planning Commission December 10, 2013 DR 2013 -007 Page 7 JwVy Stonich, AICP Senior Planner Attachments: A. Location Map /Land Use Fact Sheet C: � F1 """` s� Elizabeth A. Binsack Community Development Director B. Floor plans showing the approved plans from September 7, 2004, and unpermitted conversions as of November 7, 2012 C. Submitted Plans D. Draft Resolution No. 4237 ATTACHMENT A LOCATION MAP /LAND USE FACT SHEET v a m U N V C J X Go a� m a F M ca U N a 0 0 0 M M N N Go a ru m U In = o +' M 7 � � O O O U cro c_—_ 1S :lldl7 +: cl a' x �II I,1 �V1 — T�f Z o AV- U N R d O d r CR G CAUfORNIA ST + :L I z V' N NI C.7 r"y'F .r N ry ry m a a d m i C a a M 0 N U >m m K c,_ aJF �� cw 1U7 ¢ �« a-Uc D c W a ? at w fa �en Z" V J OC W C X51 .J Z V' N NI C.7 r"y'F .r N ry ry m a a d m i C a a M 0 N U N a m U N v c X N co Ui m l0 a F M r ca co co IL IL N co 'O m m d U Y IN C ° w � 7 � � O O U � CL m 3 > O N � ti M a CALIFORNIA ST.- eUil N am ID 2mc `mc ice c- Ll I r� p 0 0 0 G a`H a� a�H 4 O o Y O oaoo G 'Y i QQ o0 960G MUc Y v p 4000 Qv 9 O d O _� 09940 00 a 9 00 Do c of ooao 00 Sy ao w 000 6a a _ 0 C a- 11 0 0000 a O 0 000 { �? a oaoo 0 0 0 O O 0004 ao oao0 4J 00 .. 9 O a 0 1 f m ag j Z CL �Z CL m 3 > O am ID 2mc `mc ice c- a`H a� a�H ° MUc c n a w a j Z �Z LAND USE APPLICATION FACT SHEET 1 LAND USE APPLICATION Design Review 2013 -007 NUMBER(S) 2 LOCATION: located on the north side of 3ftl Street, east of S. Myrtle Street and west of Pacific Street 3 ADDRESS: 675 W 6`" Street 4 LOT: 2 TRACT 153 5 APN(S): 401 - 551 -25 6 PREVIOUS OR CONCURRENT APPLICATION RELATING TO THIS PROPERTY: 7 SURROUNDING LAND USES: North: Residential South: Residential East: Residential West: Residential 8 SURROUNDING ZONING North: Single Family Residential (R -1) DESIGNATION: South: Single Family Residential (R -1) East: Single Family Residential (R -1) West: Single Family Residential (R -1) 9 SURROUNDING GENERAL North: Low Density Residential (LDR) PLAN DESIGNATION South: Low Density Residential (LDR) East: Low Density Residential (LDR) West: Low Density Residential (LDR) 10 SITE LAND USE: Existing Proposed General Plan: Low Density Residential Same Zoning: Single Family Residential Same DEVELOPMENT FACTS: 1 LAND USE APPLICATION FACT SHEET 11 SITE AREA 7,000 12 BUILDING LOT COVERAGE MAX. PERMITTED: 40% PROPOSED: 40% 13 SITE LANDSCAPING 14 OPEN SPACE: NA 15 PARKING REQUIRED: 2 garage spaces PROPOSED: 2 garage spaces 16 BUILDING HEIGHT: MAXIMUM: 30 It PROPOSED: 27'6" 17 BUILDING SETBACKS REQUIRED PROPOSED FRONT: 20 ft 24'2" SIDE: 5 ft 5 ft REAR: 5 ft 29 ft 18 OTHER UNIQUE CONDITIONS ASSOCIATED TO THE PROPERTY (I.E. SPECIAL STUDY ZONES, EASEMENTS, ETC.) 2 F-11 af_Cy:IJ,1:1►jlul FLOOR PLANS SHOWING THE APPROVED PLANS FROM SEPTEMBER 7, 2004 AND UNPERMITTED CONVERSIONS AS OF NOVEMBER 7, 2012 I 1� 0 7 r7MN I 7,71i ZWIWWAy 7> /N/N� AMAJ lz 15} Floor BAs ov ov f" �T.iPaw/ i f .... M I 1 sr�xy - N r W /vli �.Vs /Law i 0 a �•rAMKY � ewsri.Ks sr�xy - N r W /vli �.Vs /Law i 0 a t (As Ll I NAW "W.Cm." 'AIA�W AwzwM WALK /M Las SrAe.,r !/ laxl i 'n,$ . f I t Floor (P6 of ikj--�lii CAST /N6 IWO-- to N 0 a ST �t!EW /r>LL` �iY7£,Sip,4�jj ,PceF�.,>,l/ i r T N Wax iH _ R Baits f , N 2 nd� F�aor (As o� �1�•� -I�2� LOS °' - -� -- - -- -- Baac�n Ilfl w �•], Fir:�tkG� I SCAC.'r ATTACHMENT C SUBMITTED PLANS I VO NL ! SQIl ti 1i 15 @I E M SL9 gM�gM'i91!6� �, II19 d3IH 1�i111) 2 A F Bill =B A -.fl LMI WI®JYOY .r -A xA LLLLLL LL b�NN �ip p 0 e1 Q pz 7 � F 2 A F Bill =B ey e Q y all ka g peBp 9= "Eg fill Q Q e b qj 4,1116 'oil z 5 a . 81 to le ::i xM� A -.fl LMI WI®JYOY .r -A xA 4 e1 Q pz 7 � c F ey e Q y all ka g peBp 9= "Eg fill Q Q e b qj 4,1116 'oil z 5 a . 81 to le ::i xM� A -.fl LMI WI®JYOY .r -A xA 4 M F q aFpa�Sy^ 82 nw EC�6 A + + 4$ yg5a b i9�li`�1 L �p� L th EQb L p� 87ifi9 8 w 0.' M L i zg 2® 1 En V3 HIlS(LL N _ 1S OU EM SO !+ Q jyj5 �9ioi6p_ 1H3 d3IH 900 gggg flip @_a �rfimmm I �9 �.�Y �6• J •I A i M i p® O ®90 0H LO mmr ]A mm mm mm mr mr _�_ I I E f • � ® I I ® tt 11 g � .It 95 ' tY rr= __________ mmm mm � wig mmm mmm mm t R 8 13L 'y e | �� ! /� | | § ■X | |� §( | k ) ATTACHMENT D DRAFT RESOLUTION NO. 4237 RESOLUTION NO. 4237 A RESOLUTION OF THE TUSTIN PLANNING COMMISSION, APPROVING DESIGN REVIEW (DR 2013- 007) TO CONSTRUCT A TWO CAR GARAGE AND REMODEL AN EXISTING SINGLE FAMILY RESIDENCE FOR CODE COMPLIANCE AT 675 W THIRD STREET. The Planning Commission of the City of Tustin finds and determines as follows: A. That a proper application for Design Review (DR) 2013 -007 was filed by Leon Tran on behalf of the owner, Hiep Bui, proposing to construct a new two car garage and remodel at an existing single family residence for code compliance at 675 W. Third Street. B. That the site is designated as Low Density Residential by the City General Plan and is zoned as Single- family Residential (R1), where single family residential use is permitted. The site is also located within the Cultural Resource Overlay District (CR) where a Certificate of Appropriateness is necessary to certify that the project does not adversely affect the character of the historic district and City records indicate that the Single Family residence is not listed on the City's Historic Survey; C. That property has had several code enforcement violations which dates back several years including unpermitted basement, unpermitted bedroom conversions for a total of 7 bedrooms (max. 3 permitted), conversion of a two -car garage to a bedroom, unpermitted bathroom additions, converted of open air patio into a living space, and other structural and various code violations; D. That this project proposal is in response to the Notice and Order issued on November 16, 2012, to abate all violations listed therein; E. That the Director may recommend a design review application for Planning Commission consideration based on the merits of each individual proposal. Based on the previous history of this property and input from the surrounding community, the Director has recommended this item for consideration by the Planning Commission to allow for additional public input; F. That 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; G. That a public meeting was duly noticed, called, and held for Design Review 2013 -007 on December 10, 2013, by the Planning Commission; Resolution No. 4237 675 W. 3rd Street Page 2 H. That the location, size, architectural features and general appearance of the proposed development will not impair the orderly and harmonious development of the area. In making such findings, the Planning Commission has considered the following items: 1. Height bulk and area of buildings — the height and bulk of the building meets current standards and will remain essentially the same. The lot coverage is allowed at a maximum of 40% lot coverage and is proposed at 40 %. 2. Setbacks and site planning — The existing residence and proposed addition of the garage meet the required front, side and rear setbacks for the R1 District. The proposal to demolish a portion of the front fagade to accommodate a new front porch will provide a welcoming approach to the front of the house and is consistent with surrounding residences within the Cultural Resource District. 3. Exterior materials and colors — The exterior materials and colors are proposed to match the existing house and consist of muted brown earth tones. 4. Type and pitch of roofs — The rooflines will remain as they currently exist. The addition of a new entry and two car garage with pitched roof is consistent with the pitch and architectural design other properties within the residential area. 5. Size and spacing of windows, doors, and other openings — Most windows will remain. A new front entry door with a small entry porch is proposed which will create an inviting and aesthetically pleasing fagade. 6. Landscaping, parking area and design and traffic circulation — The unpermitted brick paving will be removed in portions of the City Right of Way to accommodate a sidewalk and drive approach. A landscaping plan will be required prior to issuance of a building permit. 7. The property is zoned for single family residential use and is limited to no more than the maximum of four (4) bedrooms at all times unless a third car garage is provided. Use of any portion of the property or attached room(s) as a guest quarters, second unit, or boarding house is not permitted. Prior to the issuance of building permits, the property owner will be required to execute and record a deed restriction in a form acceptable to the Community Development Resolution No. 4237 675 W. 31d Street Page 3 Department and City Attorney to ensure that the property shall maintain a maximum of four (4) bedrooms and no part of the residence is used for any use other than single family residential. This deed restriction will need to be recorded with the Office of the Orange County Recorder and shall be binding upon all future owners or interested parties of the subject property. In the alternative, the proposal should incorporate a three (3) car garage. That this project is Categorically Exempt pursuant to Section 15301, Class 1 and 15303, Class 3 of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act) II. That the Planning Commission hereby approves Design Review 2013 -007 subject to the Conditions of Approval attached hereto in Exhibit A. PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission held on the 10th day of December, 2013. STEVE KOZAK Chairperson ELIZABETH A. BINSACK Community Development Director STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS CITY OF TUSTIN ) CERTIFICATION FOR RESOLUTION NO. 4237 I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4237 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 10th day of December, 2013. ELIZABETH A. BINSACK Resolution No. 4237 675 W. 3rtl Street Page 4 EXHIBIT A RESOLUTION NO. 4237 DESIGN REVIEW 2013 -007 CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed project shall substantially conform to the submitted plans for the project date stamped December 10, 2013, on file with the Community Development Department, as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Director may also approve subsequent minor modifications to plans during plan check if such modifications are consistent with provisions of the Tustin City Code or other applicable regulations. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit shall be complied with prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 Permits must be obtained within thirty (30) days from the date of approval. The subject project approval shall become null and void unless permits for the proposed project are issued and construction is completed within twelve (12) months of the date of this Exhibit. (1) 1.4 Approval of Design Review 2013 -007 is contingent upon the applicant/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 (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE /S (4) DESIGN REVIEW * ** EXCEPTIONS (5) RESPONSIBLE AGENCY REQUIREMENTS (6) LANDSCAPING GUIDELINES (7) PC /CC POLICY Resolution No. 4237 675 W. 3r° Street Page 5 (1) 1.5 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) 1.6 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (1) 1.7 As a condition of approval of Design Review 2013 -007, 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. The City may, at its sole cost and expense, elect to participate in defense of any such action under this condition. PLANNING (1) 2.1 The property is authorized as a single - family residential use only. Home businesses shall comply with the City of Tustin's Home Occupation requirements. (1) 2.2 A Certificate of Appropriateness, issued by the Director of Community Development, will be required at the time of building permit issuance. (6) 2.3 At plan check, submit landscaping and irrigation plans for all landscaping areas consistent with adopted City of Tustin Landscaping requirements. (5) 2.4 At building plan check, the location(s) of any existing accessory structures and whether they are proposed to remain or be demolished shall be indicated on the plans. (7) 2.5 The property shall maintain no more than the maximum of four (4) bedrooms at all times unless a third car garage is provided and that use of any portion of the property or attached room(s) as a, guest quarters, second unit or boarding house is not permitted. Specifically, the study may not be converted to a bedroom without prior approval of the Community Development Department. Prior to the issuance of building permits, the property owner shall execute and record a deed restriction in a form Resolution No. 4237 675 W. 3" Street Page 6 acceptable to the Community Development Department and City Attorney to ensure that the property shall maintain a maximum of four (4) bedrooms and no part of the residence is used for any use other than single family residential. This deed restriction shall be recorded with the Office of the Orange County Recorder and shall be binding upon all future owners or interested parties of the subject property. BUILDING DIVISION (1) 3.1 At the time of building permit application, the plans shall comply with the 2010 Edition State and the City of Tustin adopted codes: California Residential Code, California Electrical Code, California Plumbing Code, City Ordinances, and State and Federal laws and regulations. PUBLIC WORKS 4.1 The applicant should submit plans that clearly depict existing improvements to be demolished and proposed new improvements with accurate parkway dimensions. 4.2 The applicant shall design and construct a new two -car driveway approach. The new two -car driveway approach shall meet the current federal Americans with Disabilities Act (ADA) requirements and the city of Tustin Public Works Standards. 4.3 Prior to issuance of a building permit, the applicant shall provide written approval from the Orange County Sanitation District (OCSD) for addition /remodel. 4.4 The property owner shall be responsible for the maintenance of any unpermitted brick pavers in the public right of way. 4.5 Prior to any work in the public right -of -way, an Encroachment Permit must be obtained from and applicable fees paid to the Public Works Department. 4.6 Replacement of existing driveways with curb, gutter and sidewalk along W. Third Street shall conform to City of Tustin Public Works standards and current federal Americans with Disability Act (ADA) requirements. 4.7 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). A. The applicant/contractor is required to submit a WRRP to the Resolution No. 4237 675 W. 3rd Street Page 7 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% of the project waste material. B. The applicant will be required to submit a $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 Department in an amount not to exceed 5% of the project's valuation. C. Prior to issuance of a (building or grading) 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 ". FEES (1,5) 5.1 Prior to issuance of any permits, payment shall be made of all applicable fees, including but not limited to, the following: • Building Plan Check and Permit Fees • All applicable Transportation Corridor Agency fees • School Fees (1) 5.2 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 that 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.