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HomeMy WebLinkAboutPC RES 4385 RESOLUTION NO. 4385 A RESOLUTION OF THE PLANNING"COMMISSION OF THE CITY OF TUSTIN, CALIFORNIA APPROVING CONDITIONAL USE PERMIT 2018-00018 AND DESIGN REVIEW 2018-00026, A REQUEST TO DEMOLISH THE EXISTING GOODYEAR TIRE CENTER AND ADJACENT GOODYEAR PARKING AREA AT 2541 EL CAMINO REAL AND REPLACE WITH 56 NEW PARKING STALLS AND TO CONSTRUCT A NEW 16 PUMP COSTCO GASOLINE FUEL STATION WITH CANOPY AND RELATED EQUIPMENT AT 2655 EL CAMINO REAL. The Planning Commission does hereby resolve as follows: 1. The Planning Commission finds and determines as follows: A. That a proper application for Conditional Use Permit (CUP) 2018-00018 and Design Review (DR) 2018-00026 has been submitted by Terry Odle1MG2, applicant, requesting authorization to demolish the existing Goodyear Tire Center and adjacent Goodyear parking area at 2541 EI Camino Real and to construct a new 16 pump Costco gasoline fuel station with canopy and related equipment located at 2655 El Camino Real. B. That the site is zoned as Planned Community Mixed-Use and within the East Tustin Specific Plan (ETSP) and has a General Plan land-use designation of Planned Community Commercial/Business. (PCCB). 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. Pursuant to ETSP Section 3.7.2.A.1.u, new service stations are permitted subject to approval of a CUP. D. That a public hearing was duly called, noticed, and held on said application on June 11, 2019, by the Planning Commission and continued to the Planning Commission meeting of July 9, 2019. E. That the establishment, maintenance, and operation of the proposed gasoline fuel station to an existing Costco Warehouse 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: Resolution No.4385 Page 2 9) Pursuant to Section 3.8.2 and 3.7.2.A.9.0 of the ETSP, the Specific Plan allows for service stations with the approval of a Conditional Use Permit. 2) Pursuant to Tustin City Code (TCC) Section 9291c, the Planning Commission is authorized to act on CUPs and impose conditions deemed necessary to protect the public interest and ensure compliance with the General Plan. 3) The proposed use, as conditioned, would not be detrimental to surrounding properties in that the scope of operations for the proposed service station would be compatible and provide support services for the uses in the area. 4) The proposed use is not anticipated to result in parking impacts since the site provides more than the TCC required number of parking spaces to service the existing shopping center and proposed use. Demolition of the existing Goodyear Tire Center building will be replaced with additional parking spaces that will continue to provide adequate parking for the shopping center. 5) The proposed use is not anticipated to result in queueing or circulation impacts as the project has two (2) alternative queue management plans incorporated into the Traffic Analysis to accommodate potential queueing demands. In addition to the queuing management plans, the project has been conditioned to provide three (3) on-site traffic attendants to guide and direct traffic during peak hours. Through a combination of queueing plans and manned personnel for traffic guidance, the use will not impact circulation on the site or within the existing shopping center. 6) The proposed project, as conditioned, adequately addresses anticipated off-site traffic impacts through the installation of a new westbound right turn lane along EI Camino Real into the Costco Warehouse parking lot at the intersection of Auto Center Drive and EI Camino Real and lane restriping along El Camino Real to accommodate the new vehicle lane. 7) The proposed use, as conditioned, would not create a noise impact on the surrounding neighborhood since the service station would be subject to the Tustin Noise Ordinance and General Plan Noise Element. 8) The construction; and operation of the gasoline station will operate within the ministerial requirements of the South Coast Air Quality Management District (SCAQMD) and the project has been Resolution No.4385 Page 3 conditioned to comply with SCAQMD air quality standards and all required permits. 9) The proposed use would not be detrimental to the surrounding properties in that the hours of operation of the instruction would be consistent with the general'business hours of other businesses within the surrounding vicinity. 14) The location, size and general appearance of the proposed service station, canopy and equipment enclosure is compatible of the existing structures and surrounding area in that the proposed improvements, including the canopy, is proportionately sized for the site. 11) As conditioned, the applicant will be required to submit a Master Sign Plan. F. That the location, size, and general appearance of the proposed project, as conditioned, is compatible with the surrounding area in that the proposed improvements, including the canopy and equipment enclosure, is proportionately sized to the site. 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 has considered at least the following items: 1) The height, bulk, and area of proposed use is compatible with the existing Costco warehouse building. 2) Setbacks and site planning have been thoroughly evaluated in that the proposed project location, layout and proximity to the existing Costco Warehouse building has been analyzed and the proposed project complies with the requirements established in the ETSP. 3) Exterior material and colors have been reviewed for the proposed project and they are compatible with the existing warehouse building and other retail tenants within the shopping center. 4) Type and pitch of roofs have been reviewed for the proposed project and the proposed roofed canopy over the fuel pumps is compatible with the existing warehouse building and other retail tenants within the shopping center. 5) Landscaping, parking area design and traffic circulation have been reviewed and analyzed in that the project includes a Traffic Analysis that addressed overall on-site circulation. The installation of substantial new landscaping throughout the project area and within the remaining areas of Resolution No. 4386 Page 4 the existing Costco parking lot will improve and enhance the overall appearance. 6) Location and method of refuse storage has been adequately addressed in that the proposed project does not propose any changes to the existing refuse function and operation. 7) Physical relationship of proposed structures to existing structures has been evaluated in that the proposed canopy and small equipment will aid in the function of the gasoline station. The canopy will be proportional in height and area to the other buildings on the project site and within the existing shopping center overall. The location of the equipment is ancillary to the gasoline station and will be screened by either a wall and/or landscaping. 8) Appearance and design relationship of proposed structures to existing structures is consistent and compatible in that the proposed columns and colors for the canopy and equipment enclosure will correspond with the exterior of the existing warehouse building. Proposed landscaping will provide consistency throughout the parking lot and enhance the appearance of the proposed use. 9) Development guidelines and criteria for the ETSP Mixed-Use area as well as the City's Service Station Guidelines adopted by the City Council have been reviewed and incorporated into the project. G. This project is categorically exempt from further environmental review pursuant to the California Environmental Quality Act (CEQA) Section Section 15332, Class 32, "In-Pill Development Projects" in that the project is consistent with the City's General Plan and ETSP and occurs within city limits on a project site of no more than five (5) acres substantially surrounded by urban uses. The project site has no value as habitat for endangered, rare, or threatened species. The project can be adequately served by all required utilities and public services. Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. With the implementation of the standard conditions of approval and implementation measures related to traffic, noise and air quality, the requisite findings and facts thereto were comprehensively addressed. Il. The Planning Commission hereby approves CUP 2018-00018 and DR 2018-00026, authorizing the demolition of the existing Goodyear Tire Center and adjacent Goodyear parking area at 2541 EI Camino Real and construction of a new 16 pump Costco gasoline fuel station with canopy and related equipment located at 2655 EI Camino Real. Resolution No. 4385 Page 5 PASSED AND ADOPTED by the Planning Commission of the City of Tustin, at a regular meeting on the 9th day of July, 2019. Aet� /STrV(*OZAK Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF TUSTIN 1, ELIZABETH A, BINSACK, the undersigned, hereby certify that I am the Planning Commission Secretary of the Planning Commission of the City of Tustin, California; that Resolution No. 4385 was duly passed and adopted at a regular imeeting of the Tustin Planning Commission, held on the 9th of July, 2019. PLANNING COMMISSIONER AYES: Ga'Llagher, Kozak, Rason, Thompson (4) PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: i fi a PLANNING COMMISSIONER ABSENT: ELIZABETH A. BIN SACK Planning Commission Secretary EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 2018-00018 DESIGN REVIEW 2018-00026 i GENERAL (1) 1.1 The proposed project shall substantially conform to the submitted plans for the project date stamped July 9, 2019, 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 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 CUP 2018-000181DR 2018-00026 is contingent upon the applicant 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) BUILDING CODE (7) PCICC POLICY (4) DESIGN REVIEW *** EXCEPTION Exhibit A Resolution No. 4385 Page 2 (1) 1.5 CUP 2018-00018/DR 2018-00026 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 and compatibility with the area. If the use is not operated in accordance with CUP 2018-00018/DR 2018-00026, or is found to be a nuisance or negative impacts are affecting the surrounding tenants or neighborhood, the Community Development Director shall impose additional conditions or the applicant may be required to implement other measures to eliminate the nuisance or negative impacts, or may initiate proceedings to revoke CUP 2018-00018/DR 2018-00026. Failure to comply with conditions of approval, or if the establishment creates undue burden to City resources, or if the CUP is abandoned for a twelve (12) month period, these circumstances shall be grounds for revocation of the CUP. (1) 1.6 Any transfer of ownership of the establishment and/or operator shall require the new owner and/or operator to sign and return an "Agreement to Conditions Imposed" form provided by the Community Development. Failure to do so would be a basis for revocation proceeding. (1) 1.7 Any violation of any of the conditions imposed is subject to the issuance of an Administrative Citation pursuant to TCC Section 1162(a). (1) 1.8 As a condition of approval of CUP 2018-00018/DR 2018-00026, 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 applicants 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 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 All on-site signs shall comply with the City's Sign Code. Prior to the issuance of a sign permit, the applicant must apply for a Master Sign Program for the property.Any proposed painted wall signs, including murals Exhibit A Resolution No.4385 Page 3 or graphics to be added to the building or pump areas shall require a separate approval of a CUP. (1) 1.11 All final exterior colors and materials shall be subject to review and approval of the Community Development Department and final field inspection by the Planning Division. Colors, materials and textures shall be noted on the construction plans. (1) 1.12 The applicant shall obtain approval from the South Coast Air Quality Management District (SCAQMD) prior to the issuance of the building or grading permit. The applicant shall comply with all District regulations and shall acquire an Authority to Construct ATC) and Permit to Operate (PTO). LANDSCAPING (1) 9.93 All proposed landscaping and irrigation plans shall comply with the approved plans and with the City's Water Efficiency Landscape Ordinance. A Landscape Installation Certificate of Completion, certifying that the landscaping was installed in accordance with the approved plans, shall be submitted to the City prior to the final inspections by Building and Planning Divisions. (1) 1.14 An irrigation plan should be provided which shows the location and control of backflow prevention devices at the meter, pipe size, sprinkler type, spacing, and coverage details for all equipment. Install efficient irrigation systems which minimize runoff and evaporation and maximize the amount of water which will reach the plant roots. Drip irrigation, soil moisture sensors, and automatic irrigation systems are a few methods of increasing irrigation efficiency. (1) 1.15 Backflow devices and double detector checks shall be painted to match surrounding landscaping when in planters or painted to match the building when located adjacent to the building. Landscaping shall be utilized to screen the devices whenever possible. (1) 1.16 All plant materials shall be installed in a healthy and vigorous condition, typical to the species, and shall be maintained in a neat and healthy condition. Maintenance includes, but is not limited to, trimming, mowing, weeding, removal of litter, fertilizing, regular watering, and replacement of dead or diseased dying plants. Exhibit A Resolution No.4385 Page 4 (*"*} 1.17 Additional landscape screening shall be provided at the southeast comer of the Costco property (adjacent to the:El Modena-Tustin Channel) to screen the proposed controller enclosure and clean air separator. MISCELLANEOUS (1) 1.18 Adequate lighting shall be provided to illuminate the fueling area, subject to Community Development Department review and approval. Said lighting shall meet requirements set forth in the Building Security and California Fire Codes. (1) 1.19 Fire and Police access and passage shall be permitted at all times. (1) 1.20 "No Loitering" signage shall be posted on the site (1) 1.21 Outdoor vending activities are prohibited. (1) 1.22 All utility services serving the site shall be installed and maintained underground. USE RESTRICTIONS (1) 2.1 Business hours are limited to the following: Monday-- Friday: 5:30 a.m. to 9:30 p.m. Saturday: 6:00 a.m. to 8:00 p.m. Sunday 6:00 a.m. to 7:30 p.m. Modifications to hours or operation may be modified by the Director of Community Development if it is determined that no impacts to surrounding tenants or properties will occur. (1) 2.2 Business operations shall be conducted in a manner that does not create a public or private nuisance. Any such nuisance must be abated immediately upon notice by the City. (1) 2.3 No outdoor storage is permitted or display of materials shall be permitted except allowed by the TCC. (1) 2.4 Storage and/or advertising of vehicles for sale or lease is not permitted. (1) 2.5 If water and air are to be provided to customers, then it shall be made available at no cost and for twenty-four (24) hours per day, seven (7) days per week. Exhibit A Resolution No. 4385 Page 5 I (1) 2.6 The subject property shall be maintained in a safe, !clean and sanitary condition at all times. The property owners shall be responsible for the daily maintenance and up-keep of the businesses, including but not limited to trash removal, painting, graffiti removal, and maintenance of improvements to ensure that the facilities are maintained in a neat and attractive manner. Any graffiti painted or marked upon the premises or any adjacent area under control of the property owner or the business shall be removed or painted within 24 hours of being applied. (1) 2.7 All litter shall be removed from the exterior areas around the premises including public sidewalk areas, alleys and parking areas, no less frequently than once each day. (1) 2.8 Costco shall provide daily security patrols of the parking lot during operation of the gasoline station. (1) 2.9 Costco employees shall return all shopping carts to the Costco shopping cart receptacles at the end of each business day. Shopping carts shall not be "parked" in parking spaces overnight. (1) 2.10 To avoid conflict between fueling trucks and with vehicle queues, fuel deliveries shall be limited to 1-2 delivers during normal hours of operation. Additional fuels deliveries shall take place during off hours. TRAFFIC, PARKING AND CIRCULATION (***) 2.11 Retractable bollards shall be installed within the northbound right-hand turn lane (within shopping center off Auto Center Drive and EI Camino Real) to the gas station/re-fueling area as part of the queue management plan. Use of bollards may be necessary during peak times, per the approved plan. (***) 2.12 In addition to the queue management plan contained within the Final Traffic Analysis date stamped April 17, 2019, the applicant, at a minimum, shall provide three (3) traffic attendants during peak periods; 1-2 attendants directing cars to a queue lane and 1-2 attendants near the pump entrance directing cars to a fueling position. The third attendant shall be a floater depending on the need and could either be placed near the pumps or at the front of the queue lanes. Exhibit A Resolution No. 4385 Page 6 In addition, there shall be one (1) individual staffed at the station during all open business hours. Said individual shall manage the overall operations for the gas station. (***) 2.13 The 36 parking spaces in the first row'directly north of the proposed gas station, 72 parking spaces in the second row and the 13 parking spaces along the east property line adjacent to the El Modena-Tustin Channel shall be restricted to employee parking only. {***) 2.14 The words "KEEP CLEAR"shall be painted in large capitalized letters onto the pavement of the parking lot adjacent to the vehicular exit from the gas station per the approved plans. Said signage shall help to maintain an unobstructed opening adjacent to the gas station and allow for vehicles entering and exiting from the fueling area. (***) 2.15 A five (5) foot wide access stair shall be installed within the existing block wall along the south property line nearest the gas station adjacent to EI Camino Real. Said access stair will allow for emergency access (i.e. hose pull) by the Orange County Fire Authority (OCFA) in the event of an emergency. (***) 2.16 If, in the future, the City's Community Development Director, Police Chief and/or Public Works Department determine that a parking or traffic queuing problem exists on the site or in the vicinity as a result of the facility, the Community Development Director, Police Chief, and/or Public Works Department may require the applicant to prepare a parking demand analysis or traffic study queuing analysis and the applicant shall be required to provide measures to alleviate the problem. Said measures shall be reviewed and approved by the Community Development Department, Police Chief, and/or Public Works Department. {***) 2.17 Per the approved plans, the applicant shall install a westbound right turn lane along El Camino Real into the Costco Warehouse parking lot at the intersection of Auto Center Drive and EI Camino Real. A second designated right turn lane shall be installed on the site to funnel vehicles into the Costco Gasoline fueling area. Final lane striping plans for El Camino Real shall be subject to the review and approval of the Public Works/Engineering Division. (***) 2.18 Following demolition of the Goodyear Tire Center building, the new parking lot shall be restriped in accordance with TCC Section 9266. I Exhibit A Resolution No. 4385 ' Page 7 PLANCHECK SUBMITTAL (1) 3.1 At the time of building or encroachment,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 any permits, the applicant shall submit for approval by the Community Development and Public Works Departments, a Water Quality Management Plan (WQMP). If the WQMP has been determined to be a Priority WQMP, it 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 Priority WQMP shall identify: 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) 3.3 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) 3.4 Prior to issuance of any permits, the applicant shall record "Covenant and Agreement Regarding O & 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. (1) 3.5 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) 3.6 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, restriping of E1 Camino Real to accommodate a dedicated westbound right-turn lane, and/or replacement of any missing or damaged public improvements adjacent to this development. Exhibit A Resolution No. 4385 Page 8 (1) 3.7 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. (1) 3.8 Current Federal Americans with Disabilities Act (ADA) requirements shall be met at all driveways and sidewalks adjacent to the site. City of Tustin standards shall apply, unless otherwise approved by the City Engineer. (1) 3.9 Prior to issuance of a Building Permit, the applicant shall submit an underground storage tank plan to the Orange County Fire Authority (OCFA) for review and approval. (1) 3.10 In accordance with City policies, the developer shall post security for the grading permit in an amount to be determined by the Building Official. The required amount must include items relating to hazardous conditions such as erosion and air/dust control, the cost of completing any Mechanically-Stabilized Earth (MSE) walls, provisions for landscaping as relating to slope stability, compliance with approved landscape plans, and contingency funds which must include an allowance for site maintenance. (1) 3.11 The developer shall submit a complete hydrology and hydraulic study (including off-site areas affecting the development), prepared by a California-registered professional civil engineer, consistent with the use of the criteria of the Orange County Hydrology Manual, to the City Building Official for'review and approval. The study shall be consistent with the study submitted during the entitlement review process. The study report shall determine potential storm water runoff rates and peak flows for the City of Tustin and County of Orange design storms. Enough detail shall be provided to develop the existing conditions and proposed project conditions potential hydrograph and timing of peak flows. The study report shall demonstrate that the effect of storm water discharge to any City-, County-, or Other Agency-owned drainage or flood control facility as mitigated shall be designed and implemented to prevent post- construction storm flows from exceeding pre-construction volumes and rates. (1) 3.12 The developer shall submit storm drain plans, prepared by a California registered professional civil engineer, depicting proposed storm drain improvements for the project. All storm drain improvements shall comply with the City of Tustin Construction Standards for Private Streets, Storm Drain and On-Site Private Improvements Manual and the Orange County Local Drainage Manual. Exhibit A Resolution No. 4385 Page 9 . (1) 3.13 The developer shall submit precise grading plans, prepared by a California registered professional civil engineer, depicting proposed grading, erosion control and improvements for the project. All plans and design shall comply with the City of Tustin Grading Manual and requirements. (1) 3.14 Prior to approval of the final design plans and issuance of a grading permit, the developer shall conduct a site-specific geotechnical investigation for the entire site and prepare a report that fully assesses the geologic and soil conditions of the site. As part of the report preparation, soil sampling and any geotechnical testing will be completed at each location where structures are to be erected. The report shall provide grading and structural design recommendations for avoiding liquefaction, subsidence or collapse for each of the proposed structures. The recommendations shall be included in the plans submitted to the City. (1) 3.16 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 65% 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 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 in the amount of five (5) percent of the project's valuation as determined by the Building Official, rounded to the nearest thousand. The deposit amount will be collected in accordance with the TCC. 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) 3.17 Any damage done to existing public right-of-way improvements and/or utilities shall be repaired to the satisfaction of the City Engineer before final inspection. Exhibit A Resolution No. 4385 Page 10 (1) 3.18 The applicant is responsible for all costs related to the installation, upgrade, alteration, relocation or abandonment of all existing City of Tustin public water facilities affected by the proposed project. FEES (1) 4.1 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. (1) 4.2 Prior to issuance of a Building Permit(s), payment of the most current Major Thoroughfare and Bridge Fees (for the Foothill/Eastern Transportation Corridor Agency (TCA)) to the City of Tustin (through the Public Works Department) shall be required. The fee rate schedule automatically increases on July 181 of each year. (1) 4.3 The applicant shall pay are required fees to the City or the respective outside agency prior to the issuance of building permits.