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Home My WebLink About02 TPM 2005-224 ITEM #2 Report to the Planning Commission DATE: SUBJECT: PROPERTY OWNER! APPLICANT: LOCATION: ZONING: JANUARY 23, 2006 TENTATIVE PARCEL MAP 2005-224 M2 PROPERTIES, INC. ATTN: KEITH YANG 3456 ARSLEY PLACE ENCINO, CA 91436 1372 AND 1382 VALENCIA, ALSO KNOWN AS LOTS 8 AND 9 OF TRACT 7721 PLANNED COMMUNITY INDUSTRIAL (PC-IND) ENVI RONMENT AL STATUS: THIS PROJECT IS CATEGORICALLY EXEMPT PURSUANT TO SECTION 15315, CLASS 15 OF TITLE 14, CHAPTER 3 OF THE CALIFORNIA CODE OF REGULATIONS (GUIDELINES FOR THE CALIFORNIA ENVIRONMENTAL QUALITY ACT) TO COMBINE TWO (2) EXISTING PARCELS INTO A 2.98-ACRE PARCEL TO ACCOMMODATE A 73,250 SQUARE FOOT OFFICE, RESEARCH AND DEVELOPMEN~ AND WAREHOUSE CONDOMINIUM DEVELOPMENT WITHIN AN EXISTING INDUSTRIAL BUILDING. REQUEST: RECOMMENDATION That the Planning Commission adopt Resolution No. 4013 recommending that the City Council approve Tentative Parcel Map 2005-224. BACKGROUND The site is located at the southeast corner of Valencia Avenue and Mosher Drive within the Planned Community Industrial (PC-IND) zoning district (Attachment A - Location Map). On January 16, 2006, the Community Development Director approved Design Review 05-021 authorizing the interior and exterior rehabilitation of an existing 74,000 square foot industrial building, including the demolition of approximately 750 square feet of building area to accommodate truck delivery areas, and creation of fourteen (14) new tenant spaces, ranging from 3,282 to 8,453 square feet in size. The applicant is proposing to create individual condominiums to accommodate office, research and development, and warehouse uses subject to approval of Tentative Parcel Map 2005-224 (TPM 2005-224) to Planning Commission Report TPM 2005-224 January 23,2006 Page 2 combine the two (2) existing parcels into a 2.98-acre parcel and (Attachme~t B - Design Review Site Plan and Elevations). While Tustin City Code Section 9272 authorizes the Community Development Director to approve Design Review 05-021, Section 9321 of the Tustin City Code requires public hearings before the Planning Commission and City Council for Tentative Parcel Map 2005-224. DISCUSSION Tentative Parcel Map The 2.98-acre project site is currently comprised of two (2) properties, Lots 8 and 9 of Tract 7721, which is currently accessed via a driveway on Mosher Drive and two (2) driveways along Valencia Avenue and improved with an existing 74,000 square foot light industrial building with office and warehouse areas. All existing easements will remain in effect; however, the applicant will create new Covenants, Conditions, and Restrictions (CC&Rs) per Condition 3.1 of Resolution No. 4013. The City's Engineering Division has reviewed TPM 2005-224 and determined it is technically correct. The new parcel complies with the development standards of the Planned Community Industrial zoning district, including building site area and lot width, and with State subdivision requirements. Environmental Review Pursuant to Section 15315, Class 15 of the California Environmental Quality Act (CEQA), Tentative Parcel Map 2005-224 is exempt from the provisions of CEQA since it involves minor subdivision involving four (4) or fewer parcels that are in conformance with the General Plan and Zoning, no variances or exceptions are required, and all services and access to the proposed parcel(s) are available. Findings to support approval of Tentative Parcel Map 2005-224 are included in Resolution No. 4013 for the Planning Commission's consideration. ~st !JJ r Associate Planner ~~-- Dana Ogdo Assistant Director Attachments: A- B- C- D- Location Map Design Review 05-021 Submitted Plans Tentative Parcel Map 2005-224 Planning Commission Resolution No. 4013 S:\Cdd\PCREPOR1\200&TPM 2005-224 (Mosher-Valencia).doc ATTACHMENT A Location Map LOCA TJON MAP /,~ , / "'/ 'ð'. 6'0 PROJECT NO. ADDRESS TPM 2005-224 LOCATION: 1372 &1382 Valencia Avenue, also known as Lots 8 and 9 of Tract 7721 REQUEST: A request by Keith Yang, on behalf of M2 Properties, Inc., to combine two (2) existing parcels i(lto a 2.98-acre parcel to accommodate a 73,250 square foot office, research and development, and warehouse condominium development within an existing industrial building. The Planning Commission or City Council may modify the request as a result of the public hearing. . / ATTACHMENT B Design Review 05-021 Submitted Plans ,"'--' .,,-~, -,_m 8:WO:J1VW IDIVA\ ;;::;. -~~D ~"'" ~..- _.,,::~ VIN1()~Il\f::>'NI1Snl S81' ~~ I VI::>N3l\f^ ~9£1 .t.lØUl.UU ~31N3~ SS3NISna .. VI~N31V^ == ~I'¡W' ...... ~.. -.11..- ",. -';JJ 0 II j « N\f1d 31IS ¡ ! ~ "" !H~ I I I I I I I 1 I I ~-~-----~~~-~ I I II 0 I II I ~ I 1 : I ~ I II I I, ¡ 3.~"J:;'N, .11 0 II I I ~ : ¡I: 1 1 i i i 1 .1 ~¡ I i i i ¡ æ:I¡1 l)'lnl Z f!!' ðilill §IIII ::>1 I "¡" ~ lEi! ~ 1.1111. uEi BB B a. c( ::;: ~ z u ;:; , " u~ ~ . , ¡.! ! ! ! d. . . "" ",,- , ! "mif! Ii ;:~:I;:;;lill 0 ", "' w , , ~ ~~ ~: ',' ~;; I I ~; I I ~~: if i 'i~ I I I I I I I I I IIj I Ii Ii I I I ., ~~ . 0 0 .° " "."" I I' I ~ I j '5 ~ I , ~ i II i i f 0 I I '" I I i~ 0 ;; 11 ~ ~I!III to -j-+- i!. el~ ~~~- ._,~~--------------------_.-- 3.1<,(0'" """ft""'""",,,""---'-."""--' Dd's6&JOd 'w<! zs:¡.o:r 9OOz/JJ/I 'liMp'II\f610IOJIP'DIJOUO:¡ SSOIJlsna "1:xJ°I"^ - 0O610lSOlSOqJodOJd ZWlsosqo[\:¡ M. ~ t N ~ ~ ,;; I t ~ ! ~ § ~ ~ ð ~ ~ ~ '~ ~ i ~ 'e !l ~ ; :¡¡ .g ~ SECOND FLOO~,~'!'.~ ~ r I ~ I I I i i J ROO 1,244 SF ROO 1,011 SF ROO 1,011 SF ROO 1,1ooSF FIRST FLO~,~N ~ ..----'< I I I I I i "SQUARE FOOTAGE ALREl'iOY AOOEO INTO FIRST FLOOR WAREHOUSE AREA SHOWN THIRD FLO~,~~ ~ PROJECT TABULATION - OFFICE -R&O -~ TOTAl UNIT"A' 1,932 SF 1,100SF 2,552 Sf 5,584 SF UNIT '8" 1,679 SF 1,011 SF 2,280 SF 4,970 SF UNIT'C" 1,781SF 1,011 SF 2,035 SF 4,827 SF UNIT". 2,999 SF 1,244 SF 4,210 SF 8,453 SF UNIT 'E" 2,904 SF 1,132SF 4,240 SF 8.276 SF UNIT'f" 1,7868F 1,017SF 2,056 Sf 4.859 SF UNIT'G" 1,780 SF 997 Sf 3,085 Sf 5,862 Sf UNIT'H" 1,770 SF 1,196SF 2,015 Sf 4,981 Sf UNln" 976 SF 718SF 2,220 SF 3,914 Sf UNIT"J' 1148 SF 804 SF 1,550 SF 3,502 SF UNIT '1(' 1,793 SF 808 SF 2,940 SF 5,541 SF UNIT'C" 1,876 SF 693 SF 3,025 SF 5,594 SF UNIT"M" 1,102 SF 693 SF 1,810 Sf 3,605 SF UNIT"" 945 SF 766 SF 1,571 Sf 3,282 SF TOTAL 24,471 SF 13,190SF 35,509 SF 73,250 SF - OCCUPANCY OFFICE, B R&D,M WAREHOUSE,8-1 ALLOWABLE FLOOR AREA UNLIMITED AREA (SECTION 505,2) 60'.". WIDE YARDS ON AlL4SIDES i Ii! ~ J ...::I . -< I :::e i I ~ ¡I I .-. JI~ ; ~H¡ í ;;>"t . I L : ,1ì P 1 ¡I I "old.! ID ï I I I I I ! ï I ; I I I I . i I I ~ III I 1-" . :5 ! g . ð í c ,= ï ~ I '" I ~ ! § III Ir I 9 I 5 '" I',.," , 11"'-.1'-1 I ::~ ~=-.. II A2,1 I c:::: W I- Z W U $ <t:. C/) z -C/)$~ °Wo::¡ Zz ¡¡Jð ~C/) ~~ <t:. ::> ¡;j ¡g >r:c~1- .~ .~ '--'-----"'*""""""'k',~~"""'" I:\.JobsO5\M2 Properties\05101900 - Valencia Business Center\Cad\CD\019L1.0-PlANTING PlAN,dwg, 1/11/2006 3:05:54 PM, POf995,pc3 ~;)t~t~~. ~ (JJ 0 11 n â ~ g :Þ I a a ~ . ~ (JJ ; I I ' I -< I I ~ . . I ~ r 0 , I I 0 ." s;: z øoDJDDD I S~ 5." .""11 I?S;: ~i:¡I.~ .¡z II-~!! I ~ ; I ~ 9, . i I ....,rJl'r "",,-,,' UOBIER A \&\IE JI"" I ! 1~li iii . . . . . . "" . ,.~ . .' . . . . . . . . ., . .....' ~ ~I - - - -- - M - - -. - - - - -. - * -- - ~ w - - - - ~ - - 'M - - - - - -. - * M - ~ - ---. - ~ M -.- - -. M -. -- Willi ~~ ~ ~" < 6~iq , ~--I .. VALENCIA BUSINESS CENTER prcperties ~~~TY:~~~~ORNIA .-~. WARE MALCOMB .~- ,--'" ,-~..,., D ::--.'~:::;"'-" -"'~ '"""0 """'" d "S ;§ t5i~ ~:~ ..J: W' 1-, (I)' W' ~ z', 0- ~ (¡j' ..J W I- ~ . . z" 0:: ¡:::, <' (¡j1 ..J w :I: I- Õ (I) ~ ", z' 0; ~' > w ¡¡ :I: < l- t II:: ~i 0 ',' Z ~! .' !~ !! ¡: ': ¡~ t . -" 0 ài ;¡ .1::~ ~3 . IIÆ I!I~ t i II) .. .1;:'~ ~~ . II~ II~ ATTACHMENT C Tentative Parcel Map 2005-224 TENTATIVE PARCEL MAP NO. 2005-224 IN THE CfTY OF TUS17N. COUNTY OF 0RANfJE. STAn; OF CALFOmIA /FOR COIÐOIIHUAI ~ _A _OF,D,..._.OFJ!MDTM17m_M8OOK1U7."""'" ..- .. OF ~ - .. THE CR'ICII OF THE CO<MrY -- OF 8M> CO<MrY, t ~ PARCEL AUdUST. ZOOIJ 2.9110 ACRES JAMES L GARIII\I LB. 8848 J«JfTT-ZOI.LARS INC. '0- ~ ~,:, 'I' , -:'1' If Ii I î I f--L-~ ---r~ BaJ.';""" 1 ~-,-- <1 yO i I. I§' ~I "" '¡------, --'--'",-- l ~--,~- ! c , <, Q ¡ yÓ ~-/~'A- I """",)SItf! i ~:..:-::-.. ~SItf! - ,.. ~_. :::::' ~..'" ...... ~ " ("",.." -"~ - =>Ð """" 'U" ~ H (0fflŒ) ...."""" I,""~H(- ""'" """""" 9Œ_- In, """'_..".,.. 0- ITA_OF- ""........" 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"""""""" """",<ME"',,,," "",""""""""'-) ø ~""""",...""""""""""""""""""""'w"...'" ~'i:Jf""""""""'_~'_"""""""W_""" , :"="F..t~':~~":"i:'::'::'.:"'~.~ M__"""""""-"""""""W_-""""'" """"""""'" "".. """"""""""""""""W,,","'" '" -,""",,_.""""""""""'M"""'" (£UEWNI 6"--" W """-) ""... " :::¡;.":"~"'-"""""""""""'-""""" " ..........,~ ~ - <»-=-'" (""""""'~ ...-..-"""""""'" ........, 'H"""""'~""."""".'~'--""""""') , 5.""""'" '_~""".,~""""""'" " ..""""",.""",----~-"".. ........"""""""'" ..a"'" MmN) " _""""""A"""'~""M_~"'a" """~) ~==";:: .....""""..,,, . " p""",, ......, , .- M := r:::.: ou¡¡:- 5Œ ~) '= ! '='" p"""",, ~" , ~~-:='~",.~,J:iœ"'~ ~~ ':'"...::'..:::J ::;';;"",m< .,., "'" "" ..........- """'" "'.-"'" . """....,,"""....""-""""-"""',,-- ~~M,:::"",~';-= ~ ;>.,~-= := f!:f""'."::= ~ ,w... ~ "'~, ,. ~:;¡U.J:1,=.!:"if;,'t".,.fJ'k~w"tT;.,. """,~""""""""",-~, -~ ='::x" ...... '" '" .. "0""'" '" """"""" '" ""' ", .."""""'-""""'~._~_.. MOD _"6--'" -............-. ""'~- ...on -"""",""""""',,oowrn""'~,,-' """""""'""",_"""""""'M.-J- -----......"...."'.- '" r:,-f!.'J.s"'::tf.'¡::J:!f'i.."f::"""::lif'--:s".;;,: HI ITTr ~ -~'.._-- -...- -...- -,- '-""1 ,,<EEl ~ 1 ' '1 ; ---w-- '~ ~. ,~""-'" SHff1S ~ .""---""1- ATTACHMENT D Planning Commission Resolution No. 4013 ...., RESOLUTION NO. 4013 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE PARCEL MAP 2005-224 TO MERGE TWO (2) PARCELS TO CREATE A 2.98-ACRE PARCEL AT 1372 AND 1382 VALENCIA AVENUE, ALSO KNOWN AS LOTS 8 AND 9 OF TRACT 7721, TO ACCOMMODATE A 73,250 SQUARE FOOT OFFICE, RESEARCH AND DEVELOPMENT, AND WAREHOUSE CONDOMINIUM DEVELOPMENT WITHIN AN EXISTING INDUSTRIAL BUILDING. The Planning Commission of the City of Tustin does hereby resolve as follows: I. The Plalln~ng Commission finds and determines as follows: A. That a proper application for Tentative Parcel Map No. 2005-224 was submitted by Keith Yang on behalf of M2 Properties, Inc. requesting approval to merge two (2) existing parcels to create a 2.98-acre parcel at 1372 and 1382 Valencia Avenue, also known as Lots 8 and 9 of Tract 7721, to accommodate a 73,250 square foot office, research and development, and warehouse condominium development within an existing industrial building; B. That a public hearing was duly called, noticed, and held for said map on January 23, 2006, by the Planning Commission; C. That the proposed subdivision is in conformance with the Tustin General Plan land use designation of Planned Community Commercial/Business and Planned Community Industrial (PC-IND) zoning district in that these designations provide for the development of office, research and development, and warehouse uses; D, As conditioned, the map would be in conformance with the State Subdivision Map Act and Tustin City Code Section 9323 (Subdivision Code); . E, That the Public Works Department has reviewed the map and determined it is technically correct; F, That the site is physically suitable for the proposed density and type of development; G, That the design of the subdivision or the types of improvements proposed are not likely to cause serious public health problems, Resolution No, 4013 Tentative Parcel Map 2005-224 January 23, 2006 Page 2 H. That the parcel map or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife in their habitat; and, I. The parcel map is Categorically Exempt pursuant to Section 15315, Class 15 of Title 14, Chapter 3, of the California Code of Regulations (Guidelines for the California Environmental Quality Act), II. The Planning Commission hereby recommends that the City Council approve Tentative Parcel Map 2005-224 to merge two (2) parcels to create a 2.98-acre parcel at 1372 and 1382 Valencia Avenue to accommodate a 73,250 square foot office, research and development, and warehouse condominium development within an existing industrial building, subject to the conditions contained in Design Review 05-021 and Exhibit A attached hereto, PASSED AND ADOPTED at a regular meeting of the Tustin Planning Commission, held on the 23rd day of January, 2006. JOHN NIELSEN Chairperson ELIZABETH A. BINSACK Planning Commission Secretary STATE OF CALIFORNIA) COUNTY OF ORANGE) CITY OF TUSTIN ) I, 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. 4013 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 23rd day of January, 2006. ELIZABETH A. BINSACK Planning Commission Secretary GENERAL (1 ) 1.1 (1 ) 1.2 (1 ) 1.3 EXHIBIT A RESOLUTION NO. 4013 TENTATIVE PARCEL MAP 2005-224 CONDITIONS OF APPROVAL The proposed Project shall substantially conform with the submitted plans approved for the project under Design Review 05-021, dated January 16, 2006, and the Tentative Parcel Map 2005-224, dated January 23,2006, 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 consistent with the provisions of the Tustin City Code and other applicable codes, Approval of Tentative Parcel Map 2005-224 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. As a condition of approval of Tentative Parcel Map 2005-224, 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 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, SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODEIS (4) DESIGN REVIEW *** EXCEPTION (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY Exhibit A Resolution No. 4013 TPM 2005-224 Page 2 (1 ) 1.4 (1 ) 1.5 Within twenty-four (24) months from tentative map approval, the subdivider shall record with appropriate agencies a final map prepared in accordance with subdivision requirements of the Tustin Municipal Code, the State Subdivision Map Act, and applicable conditions contained herein unless an extension is granted pursuant to Section 9323 of the Tustin Municipal Code. Time extensions may be considered if a written request is received by the Community Development Department within thirty (30) days prior to expiration. The subdivider shall conform to all applicable requirements of the State Subdivision Map Act, the City's Subdivision Ordinance, and the City's zoning regulations. PUBLIC WORKS DEPARTMENT (1 ) 2.1 (1 ) 2.2 (1 ) (1 ) 2.3 2.4 (1 ) 2.5 The applicant shall satisfy dedication and/or reservation requirements as applicable, including but not limited to, dedication of all required street and flood control right-of-way easements, vehicular access rights, sewer easements, and water easements defined and approved as to specific locations by the City Engineer and other agencies, Owner's execution of a subdivision/monumentation agreement and furnishing the improvement/monumentation bonds as required by the City Engineer prior to recordation of the final map will be required. Preparation and recordation of a final subdivision map will be required. In addition to the normal full-size plan submittal process, all final development plans including, but not limited to: tract maps, parcel maps, right-of-way maps, records of survey, public works improvements, private infrastructure improvements, final grading plans, and site plans are also required to be submitted to the Public Works Department/Engineering Division in computer aided design and drafting (CAD D) format. The standard file format is AutoCAD Release 14 or 2000 having the extension DWG. Likewise, layering and linetype conventions are AutoCAD-based (latest version available upon request from the Engineering Division). In. order to interchangeably utilize the data contained in the infrastructure mapping system, CADD drawings must be in AutoCAD "DWG" format (Le" produced using AutoCAD or AutoCAD compatible CADD software). The most current version of AutoCAD is Release 2000. Drawings created in AutoCAD Release 2000 or Release 14 are compatible and acceptable. The CADD files shall be submitted to the City at the time the plans are approved and updated CADD files reflecting "as built" conditions shall be submitted once all construction has been completed. The subdivision Exhibit A Resolution No. 4013 TPM 2005-224 Page 3 bonds will not be released until the "as built" CADD files have been submitted, COVENANTS. CONDITIONS. ANp RESTRICTIONS (CC&Rs\ (1 ) 3.1 Prior to issuance of building permits or recordation of the final map, whichever occurs first, all organizational documents for the project including any covenants, conditions, and restrictions (CC&Rs), shall be submitted to and approved by the Community Development Department and the City Attorney's Office and recorded with County Recorder's Office. Costs for such review shall be borne by the subdivider. A copy of the final documents shall be submitted to the Community Development Department within five (5) days of recordation, At a minimum, the following items shall be included: A. B. C. The City shall be included as a party to the CC&Rs for enforcement purposes of those CC&R provisions in which the City has interest as reflected in the following provisions, However, the City shall not be obligated to enforce the CC&Rs. The requirement that association bylaws be established. Provisions for effective establishment, operation, management, use, repair, and maintenance of all common areas and facilities including buildings and amenities, landscaped areas, walls and fences, private roadways (i.e., walks, sidewalks), etc. Maintenance standards shall also be provided. Examples of maintenance standards are shown below. 1, All common area landscaping and private areas visible from any public way shall be properly maintained such that they are evenly cut, evenly edged, free of bare or brown spots, debris, and weeds. All trees and shrubs shall be trimmed so they do not impede vehicular or pedestrian traffic. Trees shall be pruned so they do not intrude into neighboring properties and shall be maintained so they do not have droppings or create other nuisances to neighboring properties. All trees shall also be root pruned to eliminate exposed surface roots and damage to sidewalks, driveways, and structures. 2, All private roadways, sidewalks, and open space areas shall be maintained so that they are safe for users. Significant pavement cracks; pavement distress, excessive slab settlement, abrupt vertical variations, and debris on travel ways should be removed or repaired promptly. Exhibit A Resolution No. 4013 TPM 2005-224 Page 4 3. Common areas shall be maintained in such a manner as to avoid the reasonable determination of a duly authorized official of the City that a public nuisance has been created by the absence of adequate maintenance such as to be detrimental to public health, safety, or general welfare. D, Membership in the association shall be inseparable from ownership in individual units. E, Architectural controls shall be provided and may include, but not be limited to, provisions regulating exterior finishes, roof materials, fences and walls, accessory structures such as mechanical equipment, television and radio antenna, and signs, consistent with the Tustin City Code and the Planned Community Industrial zoning district. F, Parking controls shall be provided and may include, but not be limited to, provisions regulating vehicle and truck deliveries, vehicle and truck parking, loading and unloading activities, etc. ORANGE COUNTY FIRE AUTHORITY (5) 4.1 FEES (1 ) 5.1 (1 ) 5.2 Prior to recordation of Final Parcel Map 2005-224, the applicant shall obtain all necessary approvals from the Orange County Fire Authority. 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 forty- three dollars ($43.00) 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, The applicant shall reimburse the City of Tustin for the actual cost incurred to the City by the City Attorney and/or Special Counsel service for review of the CC&Rs per City Council Resolution 05-99.