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HomeMy WebLinkAboutZA REPORT CUP 2016-10ITEM # 1 MEETING DATE: JUNE 28, 2016 TO: FROM: SUBJECT: ZONING ADMINISTRATOR COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONAL USE PERMIT 2016-10 APPLICANT: FERNANDO VALENCIA VALENCIA MARKET 1128 S. STANDARD AVE. #A SANTA ANA, CA 92701 LOCATION: PROPERTY OWNER: FRANK ZENG TOP PROPERTY GROUP, LLC 1119 WESTMINSTER AVE, ALHAMBRA, CA 91803 15761 TUSTIN VILLAGE WAY #105 GENERAL PLAN: COMMUNITY COMMERCIAL (CC) ZONING: RETAIL COMMERCIAL (C1) & COMBINING PARKING DISTRICT (P) ENVIRONMENTAL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT (CLASS 1) PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT REQUEST: TO ESTABLISH A CONVENIENCE STORE USE WITHIN AN EXISTING 2,000 SQUARE -FOOT COMMERCIAL TENANT SPACE IN THE TUSTIN VILLAGE CENTER Zoning Administrator June 28, 2016 CUP 2016-10 Page 2 RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action (ZAA) No. 16-004 (Attachment D) approving Conditional Use Permit (CUP) 2016-10 authorizing the establishment of a convenience store use within an existing 2,000 square -foot commercial tenant space located at 15761 Tustin Village Way #105. APPROVAL AUTHORITY The project site is located within the Retail Commercial (C1) with Combining Parking (P) zoning district where convenience store uses are listed as conditionally permitted uses. Tustin City Code (TCC) Section 9299b(3)(f) authorizes the Zoning Administrator to review applications for minor CUPs for existing developments where there would be no change of primary use, there would be no expansion of floor area, and the request would not alter the original intent of the project or site. BACKGROUND Site and Surrounding Properties The project site is located within the Cl (P) zoning district and is designated as Community Commercial by the General Plan which allows for a variety of retail, professional office, and service-oriented business activities serving a community -wide area and population. The subject property is located on an approximate 61,906 square -foot site and is improved with a 15,000 square -foot, single -story building with eight (8) tenant spaces. Figure 1: Zoning Map Zoning Administrator June 28, 2016 CUP 2016-10 Page 3 Properties to the south and east of the Tustin Village Center are commercial in nature and include a 7 -Eleven store, a laundromat, and vacant parcel to the south and the Diamond Center across Tustin Village Way to the east. Adjacent properties to the north and west are residential in nature and include Tustin Village Apartments to the north and El Presidio Apartments to the west (Figure 1). PROJECT DESCRIPTION Project Summary The applicant is requesting authorization to establish a convenience store use within an existing 2,000 square -foot commercial tenant space. The proposed convenience store use will occupy a 2,000 square -foot tenant space and include a cashier register station, shelving for food products, a walk-in cooler with walk-in freezer, vegetable display, and meat preparation area with display (Figure 2). Items to be sold will include fresh meats and produce, non-perishable food products, non-alcoholic beverages, and household items (Attachment C). A butcher will be provided on-site, typically in the morning hours, to set up the display case and prepare various cuts of meat for sale. Approximately 20 different cuts of meat, including beef and pork, will be displayed in a refrigerated case for purchase. Meat products available for purchase will be limited raw meats. Interior tenant improvements are proposed in conjunction with the establishment of the use. Figure 2: Floor Plan I) P un 10 Zoning Administrator June 28, 2016 CUP 2016-10 Page 4 Alcoholic Beverage Sales Businesses requesting to offer alcoholic beverages for off-site consumption are subject to Planning Commission's Guidelines for Alcoholic Beverage Sales Establishments, in addition to minimum distance regulations. For businesses with less than 15,000 square feet of gross floor area, a minimum distance of 300 feet is required from residential zones or used properties. Due to the proximity of the subject property to adjacent residential uses, the subject location is not eligible for off-site alcoholic beverage sales since the site does not meet the minimum distance requirements from existing sensitive uses set forth in TCC Section 9271 dd(1)(a). Accordingly, no alcoholic beverages shall be sold from the subject location. Parking No. impacts to parking are anticipated in conjunction with the proposed use. Per TCC Section 9263, off-street parking shall be required at a rate of one (1) parking stall for every 250 square feet of gross floor area for a convenience store use. As proposed, the entire Tustin Village Center, requires a total of 84 parking stalls and is providing 84 parking stalls, with two (2) of these stalls serving as loading spaces during designated delivery hours. The proposed tenant improvements do not include the addition of square footage to the tenant space, and therefore no additional parking spaces are required. The existing 84 parking spaces within the project site are adequate to serve the proposed project. Nonetheless, should a parking issue arise, proposed Condition 1.8 would allow for reevaluation of the business and CUP. Hours of Operation The proposed hours of operation are from 6:00 AM to 10:00 PM daily which is consistent with other uses in the center and commercial uses in general. All activities would occur within the building. The Tustin Police Department has reviewed the application and does not have any concerns. FINDINGS In determining whether to approve the CUP for the convenience store use, the Zoning Administrator must determine whether or not the proposed use will 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. A decision to approve this request may be supported by the following findings: 1) The proposed use would be located within an existing commercial development where there would be no change in primary use, no expansion of floor area, and the request would not alter the original intent of the project or site. Zoning Administrator June 28, 2016 CUP 2016-10 Page 5 2) The parking requirement for a convenience store use is consistent with the requirement for other uses within the Tustin Village Center; the Tustin Village Center has adequate parking to accommodate the existing and proposed uses. 3) The proposed hours of operation are from 6:00 AM to 10:00 PM daily which is consistent with other uses in the center and with the hours of operation for other uses in the area. '4) As conditioned, all convenience store displays and activities shall be conducted inside the building. 5) As conditioned, no alcoholic beverages shall be sold from the subject location. 6) As conditioned, if the sale of tobacco products is proposed, business shall obtain a retailers license from the Board of Equalization (BOE) .and renew it annually. Business shall be restricted by and subject to any required State Board of Equalization or other applicable license or permits governing the sale of tobacco products. 7) As conditioned, CUP 2016-10 may be reviewed as needed, by the Community Development Director. If the use is not operated in accordance with CUP 2016-10 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 CUP. 8) The project would be conditioned to comply with the Tustin Noise Ordinance. 9) The Tustin Police Department has reviewed the application and has no immediate concerns. Staff recommends that the Zoning Administrator adopt ZAA No. 16-004 approving CUP 2016-10 to establish a convenience store use within an existing 2,000 square -foot commercial tenant space located at 15761 Tustin Village Way #105. ,(Be.1.0 Samantha Beier Assistant Planner Attachments: A. Location Map B. Land Use Fact Sheet C. Submitted Plans D. ZAA 16-004 ATTACHMENT A Location Map LOCATION MAP CUP 2016-10 15761 TUSTIN VILLAGE WAY #105 TUSTIN VILLAGE PLAZA ALLIANCE - ALLIANCE AVE A 500' 300' PROJECT SITE E. MCFADDEN AVE ) ATTACHMENT B Land Use Fact Sheet LAND USE APPLICATION FACT SHEET 1. LAND USE APPLICATION NUMBER(S): CUP 2016-10 2. LOCATION: TUSTIN VILLAGE PLAZA 3. ADDRESS: 15761 TUSTIN VILLAGE WAY #105 4. APN(S): 402-301-03, 04 5. PREVIOUS APPLICATION RELATING TO THIS PROPERTY: CUP 99-030 & DR 99-038 (RESTAURANT EXPANSION AND EST. CONVENIENCE STORE) DR 06-016 (ESTABLISH 15,000 SQ.FT. RETAIL BUILDING) 6. SURROUNDING LAND USES: NORTH: RESIDENTIAL SOUTH: COMMERCIAL EAST: COMMERCIAL WEST: RESIDENTIAL 7. SURROUNDING ZONING DESIGNATION: NORTH: R3 -- MULTIPLE FAMILY RESIDENTIAL SOUTH: Cl - RETAIL COMMERCIAL & P - COMBINED PARKING EAST: Cl - RETAIL COMMERCIAL & P - COMBINED PARKING WEST: R3 -- MULTIPLE FAMILY RESIDENTIAL 8. SURROUNDING GENERAL PLAN DESIGNATION: NORTH: HIGH DENSITY RESIDENTIAL SOUTH: COMMUNITY COMMERCIAL EAST: COMMUNITY COMMERCIAL WEST: HIGH DENSITY RESIDENTIAL 9. SITE LAND USE: A. EXISTING: COMMERCIAL B. PROPOSED: COMMERCIAL C. GENERAL PLAN: COMMUNITY COMMERCIAL PROPOSED GP: SAME D. ZONING: Cl -- RETAIL COMMERCIAL & P - COMBINED PARKING PROPOSED ZONING: SAME DEVELOPMENT FACTS: 10. LOT AREA: 61.906 S.F. 11. TENANT SPACE: 2.000 S.F. 12. PARKING: 84 REQUIRED STALLS 84 PROVIDED STALLS 13. TENANT IMPROVEMENTS: INTERIOR TI ONLY ATTACHMENT C Submitted Plans a s 8 S Fad 8 8 8 oa m In C m z Iiie 8 8 as C 0 C 3 0 0 z iNg P 87'm E 22 gg PARCEL' B' 11 111 - tar (B) 2 le 0 0 CT p8 9 a 9-N =3 0 TUSTIN VILLAGE WAY. L C 0 73 m m m_ V 1IA NIJSA1 t9LSL 7 a C 0 z uuu V V VALENCIA MARKET (MEAT MARKET 'CONVENIENCE STORE.} �x�ldi�al=o3 "" FERNANDO VALENCIA 15761 TUSTIN VILLAGE WAY. UNIT #105) TUSTIN, CA. 92780 INNOVATIVE HOME DESIGN DESIGNER JORGE TREJO 15071 MERRIL AVE. FONTANA, CA. 92335 (626) 379-4349 xa Al`a: G f 3 sm- 4 4 1't T . GA v 4'$9 as �� t o F w w�. l-� -� ti °.¢ s a 3 a s 8 S Fad 8 8 8 oa m In C m z Iiie 8 8 as C 0 C 3 0 0 z iNg P 87'm E 22 gg PARCEL' B' 11 111 - tar (B) 2 le 0 0 CT p8 9 a 9-N =3 0 TUSTIN VILLAGE WAY. L C 0 73 m m m_ V 1IA NIJSA1 t9LSL 7 a C 0 z uuu V V VALENCIA MARKET (MEAT MARKET 'CONVENIENCE STORE.} �x�ldi�al=o3 "" FERNANDO VALENCIA 15761 TUSTIN VILLAGE WAY. UNIT #105) TUSTIN, CA. 92780 INNOVATIVE HOME DESIGN DESIGNER JORGE TREJO 15071 MERRIL AVE. FONTANA, CA. 92335 (626) 379-4349 0 0 r) — F a, - I IV OLJ 0 CX6X) 0 *CI ® Ln CI0 ,ai ) 0 2828 z 0 (5) o 70 2 ./.. 7 231009 Ni YIVAA 2A3Z];?1J Ni >I-IV/V1 VNOCTellGj2i ✓ v 'N301 311.0IN\13 iviaLINer ✓ V 9N11-1SVM1-1SIC1 NOI.LVIS NOIlViS 2131G19321 ✓ v aO II— s.." J.— .7, ; 3•4r 44,. ' II, 1219 9 I 51191.V95 94/ 1 ! ---- !:Nr H ' 19,99 StlEiVt5 (N) T.I. FOR VALENCIA MARKET (MEAT MARKET CONVENIENCE STORE.) ^P. 402-301-03 omen wae .Dewelea FERNANDO VALENCIA 15761 TUSTIN VILLAGE WAY. UNIT 9105 TUSTIN, CA. 92780 INNOVATIVE HOME DESIGN DESIGNER : JORGE TREJO 15071 MERRIL AVE. FONTANA, CA. 92335 (626) 379-4349 0 0 0 E 0 / 31eb1d3?Jd (N) N0119 G]CIGV-V ,ldldSla 1V kN(N) 0 w (N)T.I. FOR VALECIA MARKET (MEAT MARKET CONVENIENCE STORE.) .>x, 402-301-03 FERNANDO VALENCIA 15761 TUSTIN VILLAGE WAY. UNIT #105 TUSTIN, CA. 92780 INNOVATIVE HOME DESIGN DESIGNER : JORGE TREJO 15071 MERRIL AVE. FONTANA, CA. 92335 (626) 379-4349 o 6 o .4466664 (N) T.I. FOR VALENCIA MARKET (MEAT MARKET CONVENIENCE STORE.) 1,8 402-301-03 ORImieureEl..ceenmea. FERNANDO VALENCIA 15761 TUSTIN VILLAGE WAY. UNIT W05 TUSTIN, CA. 92780 INNOVATIVE HOME DESIGN DESIGNER : JORGE TREJO 15071 MERRIL AVE. FONTANA, CA. 92335 (626) 379-4349 SINIJIAgellClOgl VC" i I 0 -'3 7130 rn a a c 0 u 11VN\ IV GV g 0;219 0 '0 3 70 > 0 rn Z > 0 < — rn 70 > z 0 > 70 c 70 aLU I 137 cm (5CM (9 (n( Ram, rwE (n) T.I. FOR VALENCIA MARKET (MEAT MARKET CONVENIENCE STORE.) 402-301-03 , 9 rain r 48 MB X 1-12e adjustable range FERNANDO VALENCIA 15761 TUSTIN VILLAGE WAY. UNIT #105 TUSTIN, CA. 92780 INNOVATIVE HOME DESIGN DESIGNER : JORGE TREJO 15071 MERRIL AVE. FONTANA, CA. 92335 (626) 379-4349 PRODUCTS FOR SALE Beverages: • Sodas, refreshers, energy drinks, juices, Gatorade, PowerAde • Can, bottle, individual sizes, 2 liter, etc. Canned Foods: • Jalapenos, corn, tuna, tomato sauces, chipotle, fruits, etc. Cereal: • Variety Chips & Candy: • Variety of chips such as Doritos, Cheetos, Lays, etc. • Different types of candy will be sold individually and by the pack including: Hershey, Skittles, Snickers, M&Ms, etc. Dairy: • Butter, cheese, yogurts, frozen desserts, ice cream/novelties, milk, eggs Fruits & Vegetables: • Tomatoes, cilantro, onions, avocados, lemon, potatoes, carrots etc. Meats: • Butcher will be provided on-site, typically mornings, to prepare the display case and take care of all the different cuts of meat. • Products available will be limited raw meats • Includes approximately 15-20 different cuts of beef & pork, displayed in a refrigerated case Miscellaneous: • Tobacco (cigarettes) • Lotto Tickets • Minor Electronics: Headphones, AUX cables, video cables etc. • Money Transfer/Wire • School Supplies: Pencils, pens, notebooks, binders, cardboard project sheets, school project supplies, white -outs, highlighters, glue, scissors, etc. • Household Cleaning: Clorox products, Pine -Sol, degreaser, soap for dishes, detergent for clothes, etc. • Hygiene Products: Bar soap, hand cleaner, body lotions, hand sanitizes, shampoo, body wash, deodorant, etc. • Brooms, mops, napkins, toilet paper, foam plates, foam cups, plastic forks and spoons, silverware, Tupperware, pots and pans, etc. ATTACHMENT D ZAA 16-004 ZONING ADMINISTRATOR ACTION 16-004 CONDITIONAL USE PERMIT 2016-10 15761 TUSTIN VILLAGE WAY #105 The Zoning Administrator of the City of Tustin does hereby resolve as follows: 1. The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit 2016-10 was filed by Fernando Valencia of Valencia Market to request authorization to establish a convenience store use within an existing 2,000 square -foot commercial tenant space located at 15761 Tustin Village Way #105. B. That the proposed use is consistent with the Tustin General Plan in that the property is designated as "Community Commercial" which provides for the establishment of commercial uses. 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. C. That the project is located within the Retail Commercial (C1) with Combining Parking (P) zoning district where convenience stores are conditionally permitted; C. Pursuant to Tustin City Code Sections 9232b10, convenience stores are permitted within the Retail Commercial (C1) zoning district with approval of a conditional use permit. The proposed convenience store is consistent with the definition of a convenience store provided in TCC Section 9297 in that the convenience store is less than 15,000 square feet in size and sells food and beverages for off-site use and consumption. D. That a public hearing was duly called, noticed, and held on said application on June 28, 2016, by the Zoning Administrator. E. That the establishment, maintenance and operation of the proposed market 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 of such proposed use, 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: 1. The proposed use would be located within an existing commercial development where there would be no change in primary use, no expansion of floor area, and the request would not alter the original intent of the project or site. ZAA 16-004 June 28, 2016 Page 2 2. The parking requirement for a convenience store use is • consistent with the, requirement for other uses within the Tustin Village Center; the Tustin Village Center has adequate parking to accommodate the existing and proposed uses. 3. The proposed hours of operation are from 6:00 AM to 10:00 PM daily which is consistent with other uses in the center and with the hours of operation for other uses in the area. 4. As conditioned, all convenience store displays and activities shall be conducted inside the building. 5. As conditioned, no alcoholic beverages shall be sold from the subject location. 6. As conditioned, if the sale of tobacco products is proposed, business shall obtain a retailer's license from the Board of Equalization (BOE) and renew it annually. Business shall be restricted by and subject to any required State Board of Equalization or other applicable license or permits governing the sale of tobacco products. 7. As conditioned, CUP 2016-10 may be reviewed as needed, by the Community Development Director. If the use is not operated in accordance with CUP 2016-10 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 CUP. 8. The project would be conditioned to comply with the Tustin Noise Ordinance. 9. The Tustin Police Department has reviewed the application and has no immediate concerns. F. This project is Categorically Exempt pursuant to Section 15301, Class 1 of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Zoning Administrator hereby approves Conditional Use Permit 2016-10 to establish a convenience store use within an existing 2,000 square -foot commercial tenant space located at 15761 Tustin Village Way #105, subject to the conditions contained in Exhibit A attached hereto. ZAA 16-004 June 28, 2016 Page 3 PASSED AND ADOPTED by the Zoning Administrator of the City of Tustin, at a regular meeting on the 28th day of June, 2016. ELIZABETH A. BINSACK ZONING ADMINISTRATOR VERA TISCARENO RECORDING SECRETARY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Vera Tiscareno, the undersigned, hereby certify that I am the Zoning Administrator Secretary of the City of Tustin, California; that Zoning Administrator Action 16-004 was duly passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 28th day of June, 2016. VERA TISCARENO RECORDING SECRETARY - GENERAL (1) 1.1 EXHIBIT A ZONING ADMINISTRATOR ACTION 16-004 CONDITIONAL USE PERMIT 2016-10 15761 TUSTIN VILLAGE WAY #105 The proposed use shall substantially conform to the project description and submitted plans for the project date stamped June 28, 2016, 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 during plan check if such modifications are to be consistent with the provisions of the Tustin City Code and other applicable codes. (1) 1.2 This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request and associated fee are received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 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) 1.4 Approval of Conditional Use Permit 2016-10 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 "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) 1.5 As a condition of approval of Conditional Use Permit 2016-10, the applicant and property owner 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 SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODE/S (4) DESIGN REVIEW (5) RESPONSIBLE AGENCY REQUIREMENT (6) LANDSCAPING GUIDELINES (7) PC/CC POLICY *** EXCEPTION Exhibit A ZAA 16-004 June 28, 2016 Page 2 body, including staff, concerning this project. The City agrees to promptly notify the applicant and/or property owner 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) 1.6 Any violation of any of the conditions imposed is subject to issuance of an Administrative Citation pursuant to Tustin City Code Section 1162(a). (1) 1.7 The applicant and/or property owner 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) 1.8 Conditional Use Permit 2016-10 may be reviewed annually or more often, if deemed necessary by the Community Development Department, to ensure compatibility with the area and compliance with the conditions contained herein. If the use is not operated in accordance with the conditions of approval or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director may impose additional conditions to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke the Conditional Use Permit. USE RESTRICTIONS (1) 2.1 The subject location is not eligible for off-site alcoholic beverage sales since the site does not meet the minimum distance requirements from existing sensitive uses set forth in TCC Section 9271dd(1)(a). Accordingly, no alcoholic beverages shall be sold from the subject location. (1) 2.2 If sale of tobacco products is proposed, business shall obtain a retailer's license from the Board of Equalization (BOE) and renew it annually. Business shall be restricted by and subject to any required State Board of Equalization or other applicable "license or permits governing the sale of tobacco products. (1) 2.3 All business activity, sales, displays or other business activities related to the convenience store shall be conducted entirely within the subject building. Exhibit A ZAA 16-004 June 28, 2016 Page 3 (1) 2.4 The business hours shall be limited to the following: 6:00 AM — 10:00 PM Daily (1) 2.5 No outdoor storage shall be permitted except as approved by the Director of Community Development. (1) 2.6 All activities shall comply with the City's Noise Ordinance. (1) 2.7 Prior to operating the convenience store, the applicant shall obtain a valid Tustin Business License. (1,5) 2.8 The property shall be maintained free of the accumulation of trash and debris. (1,5) 2.9 All landscaping shall be maintained in a healthy manner, free of dead, decayed, overgrown or discarded plant material. PLAN SUBMITTAL (1) 3.1 At the time of building permit application, the plans shall comply with the latest edition of the codes, City Ordinances, State, Federal laws, and regulations as adopted by the City Council of the City of Tustin. (1) 3.2 Prior to issuance of building permit, Orange County Fire Authority approval may be required. (1) 3.3 Prior to issuance of building permit, Orange County Environmental Health approval is required. Exhibit A ZAA 16-004 June 28, 2016 Page 4 PUBLIC WORKS (1) 4.1 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 (TCC Section 4351, et al) to recycle at least 50% of the project waste material or the amount required by the California Green Building Standards Code. b) The applicant will be required to submit a $50.00 application fee and a cash security deposit., All commercial projects shall submit a security deposit in the,_amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand, or $2,500, whichever is greater. In no event shall a deposit exceed $25,000. c) Prior to issuance of any 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 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.