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HomeMy WebLinkAboutPC RES 3736 RESOLUTION NO. 3736 2 A RESOLUTION OF THE PLANNING COMMISSION OF THE. CITY OF TUSTIN, APPROVING CONDITIONAL USE PERMIT 99- 3 030 AND DESIGN REVIEW 99-038, AUTHORIZING THE CONSTRUCTION OF A 4,853 SQUARE FOOT ADDITION TO AN 4 EXISTING COMMERCIAL BUILDING TO ESTABLISH A CONVENIENCE STORE AND FOOD MARKET IN CONJUNCTION 5 WITH AN EXISTING SIXTY (60) SEAT RESTAURANT LOCATED AT 15761 TUSTIN VILLAGE WAY. ? The Planning Commission does hereby resolve as follows: s I. The Planning Commission finds and determines as follows: 9 A. That a proper application for Conditional Use Permit 99-030 and Design Review 99-038 by Carl Chavez of Pathema Studio on t0 behalf of the property owners to request authorization for construction of a 4,853 square foot addition to an existing ~ ~ commercial building to allow for the establishment of a convenience store and food market in conjunction with an existing sixty (60) seat 12 restaurant on a parcel located at 15761 Tustin Village Way, more specifically described as Assessor's Parcel Nos. 402-301-03 and is 402-301-04. ]4 B. That the restaurant is permitted by right within the C-1 P Central ~5 Commercial - Parking Overlay Zoning Distdct (TCC Section 9232(A)), and the market and'convenience store are allowed within ~6 the C-1 P Central Commercial - Parking Overlay Zoning District with the approval of a Conditional Use Permit (TCC Section 9232(B)(u)). 17 C~ That a public hearing was duly called, noticed and held on said ~s application on June 12, 2000 by the Planning Commission. ~9 D. That the establishment, maintenance and operation of the uses applied for will not, under the circumstances of this case, be 20 detrimentalto the health, safety, morals, comfort, or general welfare : of the persons residing or working in the neighborhood of such 2~ proposed use, nor be injurious or detrimental to the property and 22 improvements in the neighborhood of the subject property, or to the general welfare of the City of Tustin, as evidenced by the following 23 findings: 24 1 ) th~ project is compatible with the surrounding uses in that a restaurant has previously been operated at the project site 25 and the convenience store/market would serve the adjacent and nearby residential uses. 26 27 2) As conditioned, the project would Comply with the City of Tustin Security Ordinance. 28 F~esolution No. 3736 Page 2 3) As conditioned. light/glare and noise from the facility's 3 operations would be screened through the use of proposed site and landscaping improvements. 4 5 4) The hours of operation would be limited to 6:00 a.m. to 10:00 p.m., daily. 6 5) As conditioned, all operations would comply with the City ? of Tustin Noise Ordinance. E. Pursuant to Section 9272 of the Tustin Municipal Code, the Commission finds that the location, size. architectural features and general appearance of Design Review 99-038. as conditioned, will zo not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a n whole. In making such findings, the Commission has considered at least the following items: I2 1. Height, bulk and area of buildings. ]3 2. Setbacks and site planning. 3. Exterior materials and colors. I5 4. Type and pitch of roofs. ]6 5. Size and spacing of windows, doors and other openings. ~s 6. Towers, chimneys, roof structures. flagpoles, radio and television antennae. 7. Landscaping, parking area design and traffic circulation. 20 · 8. Location, height and standards of exterior illumination. 2I 9. Location and appearance of equipment located outside of 22 an enclosed structure. 23 10. Location and method of refuse storage. 24 11. Physical relationship of proposed structures to existing 25 structures in the neighborhood. 26 12. Appearance and design relationship of proposed structures to existing structures and possible future structures in the 27 neighborhood and public thoroughfares. 13. Proposed signage. Resolution No. 3736 Page 3 14. Development Guidelines and criteria as adopted by the City Council. That the proposed site is within the Community Commercial land use designation of the General Plan which provides for markets, convenience stores and restaurants. G. A Negative Declaration has been prepared and certified for this project in accordance with the provisions of the California Environmental Qua!ity Act (CEQA). H. 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. I. That the projec~ has been reviewed for compliance with the Americans with Disabilities Act of 1990 and it has been determined that dedications of right-of-way at the drive apron and all radius type driveways are necessary for compliance with the requirements of ADA. II. The Planning Commission hereby approves Conditional Use Permit 99-030 and Design Review 99-038 to authorize the construction of a 4,853 square foot addition to an existing commercial building to allow for the establishment of a convenience store, food market and sixty (60) seat restaurant located at 15761 Tustin Village Way, subject to the conditions contained in Exhibit A,. attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 12th day of June, 2000. ELIZABETH A. BINSACK Planning Commission Secretary Resolution No. 3736 Page 4 STATE OF CALIFORNIA ) 3 COUNTY OF ORANGE' ) CITY OF TUSTIN ) 4 I, ELIZABETH A. BINSACK, the undersigned, hereby certify that I am the Planning 5 Commission Secretary of the City of Tustin, California; that Resolution No. 3736 was. duly passed and adopted at a regular meeting of the Tustin Planning 6 CommisSion, held on the 12th day of June, 2000. ELIZABETH A. BINSACK Planning Commission Secretary 10 ]? 20 22 23 24 25 26 27 28 EXHIBIT A CONDITIONS OF APPROVAL CUP 99-030 AND DR 99-038 JUNE 12, 2000 GENERAL (1) 1.1 The proposed use shall substantially conform with the submitted plans for the project date stamped June 12, 2000 on file with the Community Development Department, except 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 minor modifications to plans during plan check if such modifications are to be consistentwith the provisions of the Tustin City Code and other applicable codes. (1) 1.2 Unless otherwise specified, the conditions contained in this Exhibit. shall be complied with as specified or prior to the issuance of any building permits for the project, subject to review and approval by the Community Development Department. (1) 1.3 The subject project approval shall become null and void unless permits are issued within eighteen (18) months of the date of this Exhibit and substantial tenant improvements are underway. Time extensions may be granted if a written request is received by the Community Development Departmentwithinthlrty (30) days prior to expiration. (1) 1.4 Approval of Conditional Use Permit 99-030 and Design Review 99-038 is contingent upon the applicant and property owner signing and returning an "Agreement to Conditions Imposed" form as established by the Director of Community Development. (1) 1.5 The applicant shall hold harmless and defend the City of Tustin from all claims and liabilities arising out of a challenge of the City's approval for this project. 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. 3736 Page 2 PLAN SUBMITTAL (1) 2.1 At plan check, submit seven (7) sets of construction plans, two (2) sets of structural calculations and Title 24 energy calculations prepared be a licensed engineer/architect. Include seven (7) sets of excavating/grading plans and two preliminary soils reports to the Building Division for review and approval prior to the issuance of a grading permit. (1)(3) 2.2 Indicate on the title sheet the applicable codes, City, state and federal laws and regulations to include: • 1997 Uniform Building Code with California Amendments • 1997 Uniform Mechanical and Plumbing Codes with California Amendments • 1996 National Electrical Code with California Amendments • City of Tustin Grading and Security Ordinance • City of Tustin Landscaping and Irrigation Guidelines • City of Tustin Private Improvements Standards (3) 2.3 The engineer of record shall submit a final compaction report to the Building Division for review and approval prior to the issuance of a building permit. (3) 2.4 The engineer of record shall submit a letter of pad certification to the Building Division for review and approval prior to the issuance of a building permit. (3) 2.5 All grading, drainage, vegetation and circulation shall comply with the City of Tustin Grading Manual. All construction activity shall comply with the Tustin Grading Manual which requires frequent watering of the project site to control dust. All street sections, curbs, gutters, sidewalks, lighting and storm drain shall comply with on-site improvement standards. Any deviations shall be brought to the attention of the Building Official and request for approval shall be submitted in writing prior to any approval. (3)(4) 2.6 At building plan check, the following shall be provided: A. Elevations which include all proposed dimensions, materials, colors, finishes, and partial outlines of adjacent buildings on-site and off-site where applicable. Label all property lines and show building setbacks to the property lines. Details shall also be provided for the proposed windows and doors. All exit doors shall be equipped with State Fire Marshal approved panic hardware. Roofing shall be class "B" or better quality. Resolution No. 3736 Page 3 B. Preliminary technical details and plans for all utility installations including telephone, gas, water and electricity. Additionally, a note on plans shall be included stating that no field changes shall be made without corrections submitted to and approved by the Building Official. C. Final grading and specifications consistent with the site plan and landscaping plans and prepared by a registered civil engineer for approval by the Community Development Department. D. A precise soils engineering report provided by civil engineer within the previous twelve (12) months. Expanded information regarding the levels of hydrocarbons and ground water contamination found on site shall be provided in the submitted soils report. E. Details of all proposed lighting fixtures and a photometric study showing the location and anticipated distribution pattern of light of all proposed fixtures. All new light fixtures shall be consistent with the architecture of the building. 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. All lighting shall be developed to provide a minimum of one (1) footcandle of light coverage, in accordance with the City's Security Code. The plans will need to be revised to bring all portions of the site up to one (1) footcandle minimum. F. Information to ensure compliance with requirements of the Orange County Fire Authority including required fire flow and installation, where required, of fire hydrants subject to approval of the Fire Authority, City of Tustin Public Works Department and/or Irvine Ranch Water District. G. All pavement "R" values to be reviewed and approved by the Community Development Department in accordance with applicable City standards. (3) 2.7 At Building Plan Check, indicate any fixtures or equipment to be located on the roof or exterior of the building, and the associated equipment heights and dimensions. The building parapet should be an integral part of the building design, and should screen all roof mounted equipment. All roof- mounted equipment and vents should be a minimum of six inches below the top of the parapet. All exhaust vents shall be minimum of ten (10) feet from any fresh air intake. Resolution No. 3736 Page 4 (1) 2.8 All site drainage shall be handled on-site and shall not be permitted to drain onto adjacent properties. (3) 2.9 Provide area analysis for all buildings and show compliance with allowable floor areas based on 1997 Uniform Building Code Table 5B. Specify Occupancy classifications as per table 5A of the 1997 UBC. (5) 2.10 Prior to permit issuance, clearances from the following will be required, Orange County Health Department, Orange County Fire Department, (1) 2.11 Provide a note. on the plans stating that, "Vehicle parking, the primary entrance to the building, the primary paths of travel, cashier space, sanitary facilities, drinking fountain(s), and public telephones shall be accessible to persons with disabilities." (1) 2.12 A note shall be provided on final plans that a six (6) foot-high chain linked fence shall be installed around the site prior to building construction stages. A nylon fabric or mesh shall be attached to the temporary construction fencing. Gated entrances shall be permitted along the perimeter of the site for construction vehicles. (3) 2.13 Drainage, vegetation, circulation, street sections, curbs, gutters, sidewalks, and storm drains shall comply with the on-site private Improvement Standards. (3) 2.14 A surety/cash bond will be required to assure work is completed in accordance with approved plans. Bonds will be based upon the estimated cost of the grading, drainage, and erosion control prior to the issuance of a grading permit. SIGNS (4) 3.1 Prior to issuance of a Certificate of Occupancy, complete sign plans shall be submitted which address all proposed wall, directional, and address signs. The sign plans shall include dimensions, materials, colors, and method of illumination. SITE AND BUILDING CONDITIONS (1) 4.1 Pursuant to the City of Tustin's Security Ordinance and the Uniform Fire Code, the street number shall be displayed in a prominent location on the street side of the residence. The numerals shall be no less than six (6) inches in height and shall be of contrasting color to the background to which they are attached and illuminated during hours of darkness. Resolution No. 3736 Page 5 (4) 4.2 Security lighting shall be installed along the northern building wall to provide illumination for the rear storage area. Light fixtures shall be decorative in nature and shall direct light 90 degrees directly to the ground to prevent spillover onto adjacent properties. (4) 4.3 All exterior equipment, including gas and electric meters, should either be enclosed within the building or boxed behind a screen wall designed to be consistent with the main building. All mechanical and electrical fixtures and equipment should be adequately and decoratively screened. The screen should be considered as an element of the overall design of the project and should either blend with the architectural design of the building or be integrated into the landscape design. (1) 4.4 No outdoor storage shall be permitted except as approved by the Director of Community Development. (3) 4.5 Parking spaces designed for use by persons with disabilities shall comply with California Title 24 regulations. (3) 4.6 The maximum occupant load shall be posted in Dining areas. *** 4.7 Prior to the issuance of a Building Permit, a reciprocal ingress and egress easement shall be recorded between the owners of the subject property and the assessed parcels directly to the south containing the 7-11 Convenience Store and Dry Cleaners, Assessor Parcel Numbers 402-301- 07 and 402-301-08 and further described as "Parcel 1 of Parcel Map 17, being a division of a portion of Lot L of the Stafford and Tustin Tract as shown on a map recorded in Book 2, pages 618 and 619 of Miscellaneous Records of Los Angeles County, California", to accommodate vehicular movement to and from the southernmost row of parking stalls on the project site directly north of the 7-11 and the northernmost row of stalls on the 7-11 property adjacent to the northern building wall of the 7-11 and Dry Cleaners. (2)(5) 4.8 The applicant shall install Best Available Control Technology (BACT) - certified emission control devices on all cooking and exhaust equipment that complies with Southern California Air Quality Management District standards for smoke, odor and particulate generation. In particular, the applicant shall install smoke elimination catalysts on all cooking and exhaust equipment. (2) 4.9 The applicant shall comply with all City policies regarding short term construction emissions, including periodic watering of the site and prohibiting grading during second stage smog alerts and when wind velocities exceed 15 miles per hour. Resolution No. 3736 Page 6 (2) 4.10 The applicant shall submit for approval by the Community Development and Public Works Departments, a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that will be used on-site to control predictable pollutant run-off. This WQMP shall identify: the structural and non-structural measures specified detailing implementation of BMPs whenever they are applicable to the project; the assignment of long-term maintenance responsibilities (specifying the developer, parcel owner, maintenance- association, lessee, etc.); and, reference to the location(s) of structural BMPs. (5) 4.11 Prior to issuance of grading, grubbing and clearing, surface mining or paving permits, the applicant shall obtain coverage under the NPDES Statewide Industrial Stormwater Permit for General Construction Activities from the State Water Resources Control Board. Evidence that this has been obtained shall be submitted to the Building Official. LANDSCAPING, GROUNDS AND HARDSCAPE ELEMENTS (1)(6) 5.1 Pursuant to the City of Tustin Landscape and Irrigation Guidelines, a landscape plan and a landscape requirement summary table for the project which identifies the landscape requirement, the project's associated dimensions, the amount of planting required and the amount of planting proposed for the project shall be provided at Building Plan Check. The overall planting shall meet the following requirements: A. Street Frontage 1 - (24" box) tree for every 30 lineal feet street frontage. 6 - (5 gal) shrubs for every 25-lineal feet street frontage. B. Perimeter Landscaping 1 - (15 gal) tree for every 30 lineal feet of perimeter property line. 5 - (5 gal) shrubs for every 30-lineal feet perimeter property line. C. Parking Lot Landscaping 1 - (15 gal) tree for every five parking spaces provided; these trees must be located within the parking area. A minimum of five (5) percent of parking area shall be landscaped. (1)(6) 5.2 The submitted landscaping plans at plan check shall reflect the following requirements: A. Shrubs shall be a minimum of five (5) gallon size and shall be spaced a minimum of eight (8) feet on center when intended as screen planting. B. Trees shall be located so as to minimize blocking of parking lot light standards as the trees mature. Resolution No. 3736 Page 7 C. Ground cover shall be planted between eight (8) to twelve (12) inches on center. D. When 1 gallon plant sizes are used, the spacing may vary according to materials used. E. All plant materials shall be installed in a healthy, vigorous condition typical to the species and landscaping must be maintained in a neat and healthy condition. This will include but not be limited to trimming, mowing, weeding, removal of litter, fertilizing, regular watering, or replacement of diseased or dead plants. (4) 5.3 A separate 24" x 36" street improvement plan, as prepared by a California Registered Civil Engineer, will be required for all construction within the public right-of-way. Construction and/or replacement of any missing or damaged public improvements will be required adjacent to this development. Said plan shall include, but not be limited to the following: a. Curb and gutter b. Sidewalk, including curb ramps for the physically disabled c. Drive aprons In addition, a 24" x 36" reproducible construction area traffic control plan, as prepared by a California Registered Traffic Engineer or Civil Engineer experienced in this type of plan preparation will be required. (1) 5.4 Prior to any work being done in the public right-of-way, an Encroachment Permit shall be obtained and applicable fees paid to the Public Works Department. (5) 5.5 Current Federal Americans with Disabilities Act (ADA) requirements will need to be met at the drive apron and adjacent power pole. This will require construction of a minimum four (4) foot wide sidewalk behind the drive apron and adjacent power pole. The maximum cross slope of the sidewalk shall be two percent and the maximum ramp slope of the drive apron shall be ten percent. This will require dedication of additional right-of- way to accommodate the sidewalk construction. A legal description and sketch of the area of dedication, as prepared by a California Registered Civil Engineer and/or California Licensed Land Surveyor, shall be submitted to the Engineering Division for review and approval. (1)(5) 5.6 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. Resolution No. 3736 Page 8 (1) 5.7 A letter shall be provided from the refuse collector serving the subject site verifying as adequate the size, number and configuration of the trash enclosure(s) on the project site. *** 5.8 To minimize the potential for graffiti "tagging", an anti-graffiti coating shall be applied to the block wall along the northern property line and the western building wall. Graffiti shall be removed within seventy-two (72) hours of the complaint being transmitted to the property owner from the City. *** 5.9 To minimize the potential for criminal activities along the north side of the building, the gate between the north side of the building and the northern property line shall be relocated to the .western end of the north side of the building to eliminate a concealed yet accessible area. *** 5.10 A minimum of two (2) video cameras shall be installed on or around the parking area and building to record pedestrian and vehicular activities on and around the site. The cameras shall have 24 hour recording capability and be maintained in good working order. NOISE (5) 6.1 All construction operations, including engine warm-up and deliveries of materials and equipment, shall be subject to the provisions of the Tustin Noise Ordinance and shall take place only between the hours of 7:00 a.m. and 6:00 p.m., Monday through Friday, and between 9:00 a.m. and 5:00 p.m. on Saturday, unless otherwise determined by the Building Official. (5) 6.2 All uses and operations on the site shall comply with the City's Noise Ordinance. (2) 6.3 Should the noise produced by restaurant and retail operations become a nuisance, as determined by the Community Development Department, the applicant shall be required to prepare a noise study to ascertain compliance with the City of Tustin Noise Ordinance and implement mitigation measures identified by the noise study. (5) 6.4 Construction hours shall be clearly posted on the project site to the satisfaction of the Building Official. (2) 6.5 Outside address speakers, telephone bells, buzzers, and other similar devices, which are audible from adjoining properties, shall be prohibited. FIRE AUTHORITY (5) 7.1 Prior to issuance of a building permit, identify on the plans fire lanes on required fire access roads less than thirty-six (36) feet in width. The plans shall indicate the locations of red curbing and signage. A drawing of the Resolution No. 3736 Page 9 proposed signage with the height, stroke and color of lettering and the contrasting background color shall be submitted to and approved by the Fire Chief. Prior to issuance of a certificate of use and occupancy, the fire lanes shall be installed in accordance with the approved plans. (5) 7.2 Prior to the issuance of a building permit, identify the fire .hydrant system serving the project site and indicate whether it is public or private. (5) 7.3 Prior to the issuance of a certificate of use and occupancy, all fire hydrants shall have a blue reflective pavement marker indicating the hydrant location on the street or drive per the Orange County Fire Authority (OCFA) Standard as approved by the Fire Chief. These markers are to be maintained in good condition by the property owner. (5) 7.4 Prior to the issuance of a building permit, the applicant shall provide evidence of adequate fire flow. The OCFA Water Availability for Fire Protection form shall be signed by the applicable water district and submitted for approval to the OCFA. If sufficient water to meet fire flow requirements is not available, an automatic fire extinguishing system may be required in each structure affected by insufficient fire flow. (5) 7.5 Prior to the issuance of a building permit, the applicant shall submit plans for any required automatic fire sprinkler system in the building(s) to the OCFA for review and approval. Prior to issuance of a certificate of use and occupancy, this system shall be operational in a manner meeting the approval of the Fire Chief. (5) 7.6 Prior to the issuance of a building permit for combustible construction, the builder shall submit a letter on company letterhead stating that water for fire fighting purposes and the all-weather fire protection access roads shall be in place and operational before any combustible material is placed on site. (5) 7.7 Prior to issuance of a building permit, the applicant shall submit plans for the review and approval of the Fire Chief as indicated on the OCFA Plan Submittal Criteria form. Contact the OCFA at 714.744.0403 for a copy of the Fire Safety/Architectural Notes to be placed on the plans prior to submittal. (5) 7.8 Prior to the issuance of a building permit, plans for an approved fire suppression system for the protection of commercial-type cooking equipment shall be submitted to the Fire Chief for review and approval. The system shall be operational prior to the issuance of a certificate of use and occupancy. Resolution No. 3736 Page 10 USE RESTRICTIONS (7) 8.1 No outdoor seating shall be permitted unless a separate Conditional Use Permit is approved consistent with the then current provisions of the Tustin City Code and the City of Tustin Outdoor Seating Guidelines. (7) 8.2 Sales of alcoholic beverages shall not be permitted. The subject location is not eligible for a conditional use permit for off-site alcoholic beverage sales since it does not meet the minimum distance requirements from residential properties set forth in TCC Section 9232(B)(p). *** 8.3 Hours of operation for the proposed restaurant, market and convenience store shall be limited to 6:00 a.m. to 10:00 p.m., Monday through Sunday. Any change in the hours of operation of the facility shall be subject to review by the Community Development Director. *** 8.4 Deliveries to the proposed restaurant, market and convenience store shall be limited to between the hours of 7:00 a.m. to 7:00 p.m. (7) 8.5 Check cashing facilities may not be established on the project site without prior review and approval by the City of Tustin License and Permit Board. *** 8.6 The installation of any exterior, freestanding vending machines, such as, but not limited to, beverage or soda machines, candy, magazine racks and any other retail product, is prohibited. No more than four (4) video arcade games, virtual reality or coin/token operated games may be located on the premises without obtaining required approvals from the City. *** 8.7 Exterior public pay telephones shall be prohibited and interior public pay phones shall be programmed to prevent incoming calls. *** 8.8 Signs shall be posted conspicuously in the parking areas prohibiting loitering and overnight parking. *** 8.9 Project approval shall be reviewed by the Community Development Director every six (6) months from the date of this exhibit to ensure compliance with conditions of approval and to prevent any adverse impacts to the surrounding community. The Director may recommend to the Planning Commission modification to the existing conditions or impose new conditions as part of such review to protect the public health, safety, community aesthetics and general welfare. (5) 8.10 All business activity, sales, displays or other business activities shall be conducted entirely within the subject building. Resolution No. 3736 Page 11 *** 8.11 If determined by the Chief of Police and the Community Development Director, based upon the number of calls for service, the owner and/or operator will be required to implement proceedings to reduce the likelihood of criminal activity. FEES (1)(5) 9.1 Prior to issuance of any building permits, payment shall be made of all applicable fees, including but not limited to the following. Payment shall be required based upon those rates in effect at the time of payment and are subject to change. A. Building plan check and permit fees, including any applicable permit penalties to the Community Development Department based on the most current schedule. B. Orange County Fire Authority plan check inspection fees to the Community Development Department based upon the most current schedule. C. Major Thoroughfare and Bridge Fees in the amount of $3.09 per square foot of new construction to the Tustin Public Works Department at the time of permit issuance. D. Orange County Sanitation District No. 7 Sewer Connection Fees in the amount of $675.00 per 1,000 square feet of new construction at the time of permit issuance. This fee will increase to $900.00 per 1,000 square feet of new construction effective January 1, 2000. E. Transportation System Improvement Program (TSIP) Benefit Area "B" fees in the amount of $3.31 per square foot of new building floor area. F. New development tax in the amount of $0.10 per square foot of new floor area to the Community Development Department. G. School facilities fee to the Tustin Unified School District subject to any agreement reached and executed between the District and the applicant. (1)(5) 9.2 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 $38.00 (thirty eight dollars) 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.