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HomeMy WebLinkAboutPC RES 4433 DocuSign Envelope ID:88F4C676-46C8-4F9D-88D2-E4724BB398B9 RESOLUTION NO. 4433 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF TUSTIN, APPROVING DESIGN REVIEW 2021-0005 AND CONDITIONAL USE PERMIT 2021-0007 TO REMODEL A VACANT COMMERCIAL BUILDING INTO A MULTI- TENANT COMMERCIAL BUILDING INCLUDING EXTERIOR FACADE RENOVATIONS AND PARKING LOT IMPROVEMENTS AND ESTABLISH JOINT-USE PARKING AMONG TENANTS AT 1091 OLD IRVINE BOULEVARD. The Planning Commission does hereby resolve as follows: I. The Planning Commission finds and determines as follows: A. That a proper application for Design Review (DR) 2021-0005 and Conditional Use Permit (CUP) 2021-0007 was filed by Matthew Baca, ALDI, Inc., requesting authorization to remodel a vacant commercial building into a multi-tenant commercial building including exterior facade renovations and parking lot improvements and establish joint-use parking among tenants at 1091 Old Irvine Boulevard. B. That the Retail Commercial (Cl) Zoning District regulations and the Community Commercial General Plan land use designation provide for a variety 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 a public hearing was duly called, noticed, and held for DR 2021- 0005 and CUP 2021-0007 on June 22, 2021, by the Planning Commission. D. Pursuant to Section 9272c of the Tustin City Code (TCC), the Community Development Department finds that the location, size, architectural features, and general appearance of the proposed project will not impair the orderly and harmonious development of the area, the present or future development therein, or the occupancy as a whole. In making such findings, the Community Development Department has considered at least the following items: 1. Height, bulk and area of buildings. The height and bulk of the proposed project is compatible with surrounding buildings in that the proposed is between nineteen-and-a-half (19.5) and thirty (30)feet high, similar to the existing surrounding commercial and office buildings. 2. Setbacks and site planning. While there is a proposed addition of 389 square feet to the northeast of the building, the existing building setbacks would remain unchanged. DocuSign Envelope ID:88F4C676-46C8-4F9D-88D2-E4724BB398B9 Resolution No. 4433 Page 2 3. Exterior materials and colors. The proposed exterior materials and colors are appropriate for the use and the area in that the design provides an updated look and presents a contemporary fagade. 4. Type and pitch of roofs. The proposed roof design is flat with parapets of varying heights, including a prominent asymmetric roof, which will provide visual interest and variations in massing. 5. Size and spacing of windows, doors and other openings. The proposed size and spacing of windows and doors are compatible for the area in that there are store fronts with clear glass along the front elevation which increases the visual engagement between the interior and exterior areas. 6. Landscaping and parking area design. The proposed landscaping, as conditioned, shall comply with the Water Efficient Landscape Ordinance requirements. The proposed parking lot is in compliance with parking development standards. 7. Location, height and standards of exterior illumination. As conditioned, the project will comply with site illumination standards and confine the lighting onto the property. 8. Location and appearance of equipment located outside of an enclosed structure. As proposed and conditioned, equipment shall be screened with mechanical screening or landscaping screening. 9. Location and method of refuse storage. As conditioned, the trash enclosure will meet the City's design requirements, provide adequate room for trash bin storage and easily allow for trash collection services. 10.Appearance and design relationship of proposed structures to existing structures and possible future structures in the neighborhood and public thoroughfares. The proposed enhancements to the structure are compatible with existing and possible future structures in that the building is contemporary in design, its location is primarily unchanged, and the building will have an updated appearance. 11.Proposed signing. As conditioned, building signage shall comply with applicable regulations and the future master sign plan. Building signage shall be submitted to the Community Development Department for review and approval. DocuSign Envelope ID:88F4C676-46C8-4F9D-88D2-E4724BB398B9 Resolution No. 4433 Page 3 12.The proposed project is consistent with development guidelines and criteria as adopted by the City Council. The proposed project, as conditioned, complies with development standards, and provides an updated look to the existing building by adding contemporary architectural elements and reconfiguring the parking lot to accommodate the multi-tenant commercial building. E. That the establishment, maintenance, and operation of the proposed joint-use parking 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 vacant commercial building is proposed to be remodeled into a 40,216-square-foot multi-tenant commercial building and one hundred forty-one (141) on-site parking spaces would be provided for the shopping center. 2. Pursuant to TCC Section 9263g, the off-street parking requirements for a 40,216-square-foot commercial building would result in an off-street parking requirement of one hundred sixty-one (161) parking spaces, resulting in a deficit of parking based on the requirements presented in the TCC. 3. A Parking Demand Analysis (Parking Study) dated May 5, 2021, was prepared by a licensed civil and traffic engineer (Stephen Bise, PE, TE) in accordance with TCC Section 9264a. 4. A Parking Study determined the peak demand for a 40,216- square-foot multi-tenant commercial building is one hundred sixty-three (163) parking spaces, which occurred on a weekday in December as the worst-case condition when holiday shopping is at its peak. However, the City recognizes that on average the non-December parking generation rates for weekdays and weekend days are adequate. The highest demand under these conditions is one hundred thirty-four (134) parking spaces on a weekday which can be accommodated based on the parking supply of one hundred forty-one (141) parking spaces provided. Therefore, the Parking Study finds that adequate parking is available and no substantial conflict will exist in the peak hours of parking demand for the proposed uses. 5. The Parking Study has been reviewed and accepted by the City's Traffic Engineer for methodology and accuracy. DocuSign Envelope ID:88F4C676-46C8-4F9D-88D2-E4724BB398B9 Resolution No. 4433 Page 4 6. Any change in use would require review and approval by the Community Development Department. 7. All of the on-site parking spaces are designated for joint-use for which they are intended. 8. The proposed multi-tenant commercial building will not have a negative effect on the surrounding properties or impact traffic based on the availability of parking in that sufficient parking would be available on-site. F. This project is Categorically Exempt pursuant to Section 15301, Class 1 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Planning Commission hereby approves DR 2021-0005 and CUP 2021- 0007 approving the remodel of a vacant commercial building into a multi- tenant commercial building including exterior fagade renovations and parking lot improvements and the establishment of joint-use parking among tenants on an existing property located at 1091 Old Irvine Boulevard, subject to the conditions contained within Exhibit A attached hereto. PASSED AND ADOPTED by the Planning Commission of the City of Tustin at a regular meeting on the 22nd day of June, 2021. DocuSigned by: D327366D898A43D... AMY MASON Chairperson DocuSigned by: (�u 0 In)iQ�,c ED45DA2623654A5... JUSTINA L. WILLKOM Planning Commission Secretary DocuSign Envelope ID:88F4C676-46C8-4F9D-88D2-E4724BB398B9 Resolution No. 4433 Page 5 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, Justina L. Willkom, the undersigned, hereby certify that I am the Planning Commission Secretary of the City of Tustin, California; that Resolution No. 4433 was duly passed and adopted at a regular meeting of the Tustin Planning Commission, held on the 22nd day of June, 2021. PLANNING COMMISSIONER AYES: Chu, Hiquchi, Kozak, Mason, Mello (5) PLANNING COMMISSIONER NOES: PLANNING COMMISSIONER ABSTAINED: PLANNING COMMISSIONER ABSENT: DocuSigned by, (�u 0 In)iQ�,c ED45DA2623654A5— JUSTINA L. WILLKOM Planning Commission Secretary DocuSign Envelope ID:88F4C676-46C8-4F9D-88D2-E4724BB398B9 EXHIBIT A RESOLUTION NO. 4433 DESIGN REVIEW 2021-0005 & CONDITIONAL USE PERMIT 2021-0007 1091 OLD IRVINE BLVD. CONDITIONS OF APPROVAL GENERAL (1) 1.1 The proposed use shall substantially conform to the project description and submitted plans for the project date stamped June 22, 2021, on file with the Community Development Department, except as herein modified, or as modified by the Community Development Director in accordance with this Exhibit. The Community Development Director may also approve minor modifications during plan check if such modifications are to be consistent with the provisions of the Tustin City Code (TCC)and other applicable codes. (1) 1.2 This approval shall become null and void unless substantial construction is underway 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 Design Review (DR) 2021-0005 and Conditional Use Permit (CUP) 2021-0007 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 Community Development Director, and evidence of recordation shall be provided to the Community Development Department. (1) 1.5 As a condition of approval of DR 2021-0005 and CUP 2021-0007, 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, SOURCE CODES (1) STANDARD CONDITION (5) RESPONSIBLE AGENCY REQUIREMENT (2) CEQA MITIGATION (6) LANDSCAPING GUIDELINES (3) UNIFORM BUILDING CODE/S (7) PC/CC POLICY (4) DESIGN REVIEW *** EXCEPTION DocuSign Envelope ID:88F4C676-46C8-4F9D-88D2-E4724BB398B9 Exhibit A Resolution No. 4433 DR 2021-0005&CUP 2021-0007 Page 2 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 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 TCC 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 All requirements of the City's Noise Ordinance shall be met at all times. (1) 1.9 CUP 2021-0007 may be reviewed at any time by the Community Development Director. The Community Development Director shall review the use to ascertain compliance with conditions of approval. If the use is not operated in accordance with CUP 2021-0007, 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 CUP. ARCHITECTURE AND DESIGN (4) 2.1 Project materials shall substantially comply with those identified in the approved plans. Additional color and material samples may be requested by City staff at the time of plan check. Substitutions to the approved materials may occur subject to the approval of the Community Development Director. Enhancements to the architectural detailing may be required at the time of plan check based on the proposed materials. (4) 2.2 Service doors and mechanical screens shall be painted the same color as the adjacent wall. (4) 2.3 All roof access shall be provided from the inside of the building. (4) 2.4 All rooftop mounted equipment shall be installed so as not to be visible from the public right-of-way and parking lot areas. Rooftop mounted equipment shall be relocated or effectively screened from DocuSign Envelope ID:88F4C676-46C8-4F9D-88D2-E4724BB398B9 Exhibit A Resolution No. 4433 DR 2021-0005&CUP 2021-0007 Page 3 view in an attractive manner compatible with the building's architecture, subject to approval of the Community Development Director. (4) 2.5 No exterior downspouts shall be permitted. All roof drainage shall utilize interior piping and may have exterior outlets into landscaped areas at the base of the building. Any roof scuppers shall be installed with a special lip device so that overflow drainage will not stain the walls. (4) 2.6 All exposed metal flashing or trim shall be painted to match the building. (4) 2.7 The parking lot lighting shall provide a minimum of one-foot candle of illumination within the parking lot area. (4) 2.8 All utilities shall be installed and maintained underground. (4) 2.9 Utility meters located outside of the building shall be screened with landscaping to the greatest extent possible. Electrical transformers shall be located in areas with room for landscape screening to be planted outside the required access space PARKING (***) 3.1 A total of one hundred forty-one (141) parking spaces shall be maintained at all times. Any reduction of on-site parking, change of tenant spaces/uses, change of parking lot, and/or circulation shall be reviewed and approved by the Community Development and Public Works Departments. (***) 3.2 If in the future the City determines that a parking problem exists on the site or in the vicinity as a result of the proposed project or if the parking analysis does not support the uses as concluded, the Community Development Director may require the applicant to prepare a parking demand analysis and bear all associated costs. If the Parking Study indicates that there is inadequate parking, the applicant shall be required to provide immediate interim and permanent measures to be reviewed and approved by the Community Development Department and the Public Works Department. SIGNAGE DocuSign Envelope ID:88F4C676-46C8-4F9D-88D2-E4724BB398B9 Exhibit A Resolution No. 4433 DR 2021-0005&CUP 2021-0007 Page 4 (1) 4.1 A master sign plan is required for developments in multi-tenant centers. The purpose of a master sign plan is to encourage coordinated and quality sign design (integrated with architectural style of project) on sites where a large number of signs will occur. In addition, the master sign plan should include permanent directional/information signs to facilitate smooth internal circulation by the motorist. (1) 4.2 A sign permit shall be applied for and obtained from the Community Development Department prior to constructing, erecting, altering, replacing, moving, or painting any sign, except for signs exempt from a permit according to the Tustin Sign Code. Permit applications shall be accompanied by information as required for a standard sign plan or master sign plan, pursuant to the Tustin Sign Code. (1) 4.3 All signs shall conform to the approved Master Sign Plan and revert to the City of Tustin Sign Code for any issues that remain silent in said Plan. (1), 4.4 Window signage is limited to twenty-five (25%) percent of the (***) window area upon which sign is located. A master sign plan requesting a deviation from the TCC sign standards shall require the approval of a CUP. LANDSCAPE (1) 5.1 At plan check, complete detailed landscaping and irrigation plans for all landscaping areas are required, consistent with the approved landscape plans, City Council Ordinance 1465, adopted Guidelines for Implementation of Tustin's Water Efficient Landscape Ordinance and TCC Section 9266e. (4) 5.2 The Community Development Department may request substitutions of plant materials or request additional sizing or quantity of materials during plan check. (4) 5.3 The landscape plans shall note that coverage of landscaping and irrigation materials is subject to inspection at project completion by the Community Development Department. (1) 5.4 All plant materials shall be installed in a healthy vigorous condition typical to the species and shall be maintained in a neat and healthy condition. Maintenance includes, but is not limited to, trimming, DocuSign Envelope ID:88F4C676-46C8-4F9D-88D2-E4724BB398B9 Exhibit A Resolution No. 4433 DR 2021-0005&CUP 2021-0007 Page 5 weeding, removal of litter, fertilizing, regular watering, and replacement of diseased or dead plants. (4) 5.5 Root barriers shall be installed as needed in areas where trees are planted in close proximity to hardscape and/or structures. PLAN SUBMITTAL (1) 6.1 All construction shall comply with the 2019 California Building Code, California Mechanical Code, California Electrical Code, California Plumbing Code, California Green Code, California Energy Codes and City Ordinances, State and Federal laws, and other regulations as adopted by the City Council of the City of Tustin. (1) 6.2 All construction shall comply with the 2019 California Green Building Code Section 5.106.5.3, to facilitate future installation and use of EV chargers. (3) 6.3 Every commercial building shall display an address number in a prominent position so that it is easily visible from the street. The numerals shall be no less than six (6") inches in height, of a color that provides a significant contrast to the background, and be located so that they may be clearly seen and read. (5) 6.4 Prior to permit issuance, the applicant shall submit an 8 '/" x 11" street address map exhibit to the Public Works Department for review and approval. The address map exhibit shall be in portable document format (PDF) and shall include the site plan, foot print of building(s), and streets. (5) 6.5 Prior to permit issuance, 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) for the building addition shall be required. The fee rate schedule automatically increases on July 1 st of each year. (5) 6.6 Prior to permit issuance, the applicant shall provide written approval of sanitary sewer, and domestic water service connections from the East Orange County Water District (EOCWD). (5) 6.7 Prior to permit issuance, a Shopping Cart Containment Plan shall be submitted to and approved by the Community Development Director pursuant to TCC Section 5903 for every retail establishment that uses ten (10) or more carts. DocuSign Envelope ID:88F4C676-46C8-4F9D-88D2-E4724BB398B9 Exhibit A Resolution No. 4433 DR 2021-0005&CUP 2021-0007 Page 6 (1) 6.8 Any damage done to existing public street improvements and/or utilities shall be repaired to the satisfaction of the City Engineer before acceptance of the tract and/or issuance of a Certificate of Occupancy for the development on any parcel within the subdivision. SOLID WASTE AND RECYCLING (1) 7.1 Construction and Demolition Waste Recycling and Reduction Plan (WRRP). 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 sixty-five (65) percent of the project waste material or the amount required by the California Green Building Standards Code. A. 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 percent (5%) 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. B. 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". (1) 7.2 Facility Solid Waste Collection and Recycling Plan. A. The applicant, property owner, and/or tenant(s) are required to participate in the City's recycling programs. B. Waste and Recycling collection facilities shall be equally and readily accessible by the property owner(s) or tenant(s). C. Waste and Recycling collection facilities must be placed in a location that can be easily and safely accessed by the solid waste hauler while utilizing either front loader or side loading equipment. DocuSign Envelope ID:88F4C676-46C8-4F9D-88D2-E4724BB398B9 Exhibit A Resolution No. 4433 DR 2021-0005&CUP 2021-0007 Page 7 D. Adequate collection capacity shall be provided to ensure that collection frequency shall not exceed four times per week for commercial customers. E. All trash enclosures shall be designed with roof and be able to accommodate at least two (2) 4-yard bins, with at least one (1) bin reserved for recyclable materials. Space for a container for organics is also required as described in Section 36G below. F. Prior to the approval of a site plan or the issuance of a building permit, the Public Works Department shall review and approve the number of trash enclosures required to service the project site. G. All developments are required to provide space for the collection of organic materials. Organics are collected in thirty-five (35)gallon and sixty-five (65)gallon wheeled carts, and 2-yard bins. The size of the organics container will be dependent upon the use and size of the building. Organics can be collected six (6) days per week to minimize the space required for a container. WATER QUALITY MANAGEMENT PLAN (WQMP) (1) 8.1 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. (***) 8.2 The existing approved Water Quality Management Plan (WQMP) shall be amended to reflect the proposed changes and show that exiting BMP is sufficient or that additional BMP will be added. Prior to issuance of any permit, the applicant shall submit two (2) sets of WQMP amendments and plan check deposit of two thousand dollars ($2,000.00) to the City of Tustin Public Works Department for review and approval. DocuSign Envelope ID:88F4C676-46C8-4F9D-88D2-E4724BB398B9 Exhibit A Resolution No. 4433 DR 2021-0005&CUP 2021-0007 Page 8 STREET IMPROVEMENTS (***) 9.1 The applicant shall remove the existing driveway apron and design and construct new curb & gutter and sidewalk at the old driveway apron location on Old Irvine Boulevard. 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) 9.2 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) 9.3 Prior to issuance of an Encroachment Permit, the applicant shall submit to the Public Works Department 24"x 36" reproducible street improvement plans and construction area traffic control plan with applicable plan check deposit for review and approval. The plans shall be prepared, signed & stamped by a California Registered Civil Engineer and a California Registered Traffic Engineer, or Civil Engineer experienced in this type of plan preparation, respectively. The plans shall clearly show existing and proposed surface and underground improvements, including construction and/or replacement of any missing or damaged public improvements adjacent to this development. (***) 9.4 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, shall be prepared and submitted to the Public Works Department for approval. (1) 9.5 If new domestic water services and meters for the tenant spaces are proposed, 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. A City of Tustin Encroachment Permit and plan check will be required. (5) 9.6 The project is within the East Orange County Water District (EOCWD) service area. A release/approval from the EOCWD shall be obtained prior to receiving water service from the City of Tustin. The applicant shall submit a water permit application to EOCWD, and is responsible for all application, connection and other EOCWD fees. DocuSign Envelope ID:88F4C676-46C8-4F9D-88D2-E4724BB398B9 Exhibit A Resolution No. 4433 DR 2021-0005&CUP 2021-0007 Page 9 (5) 9.7 The adequacy of a proposed water system plan for a proposed development project, including the number, size and distribution of fire hydrants, must be reviewed by the Orange County Fire Authority (OCFA). Plans meeting OCFA fire protection requirements must be stamped and approved by that agency. (5) 9.8 The proposed domestic water system plans must conform to all applicable regulations enforced by the Orange County Health Department. ORANGE COUNTY FIRE AUTHORITY (OCFA) (5) 10.1 Prior to issuance of a building permit, the applicant shall submit for review and approval for the following: A. Hazardous materials compliance and chemical classification (service codes PR315-PR328) B. Refrigeration and vapor detection/alarm system (service codes PR340 and PR500-PR520), if required by the Refrigeration Disclosure worksheet in OCFA guideline G- 02 or the California Fire or Mechanical Codes C. High-piled storage (service code PR330) (5) 10.2 Prior to concealing interior construction, the applicant shall submit for review and approval the following: A. Fire alarm system (service codes PR500-PR520) B. Fire sprinkler system (service codes PR410-PR440) C. Hood and duct extinguishing system (service code PR3355) Specific submittal requirements may vary from those listed above depending on actual project conditions identified or present during design development, review, construction, inspection, or occupancy. Portions of the project that are deferred shall be subject to the codes, standards, and other applicable requirements in force on the date that the deferred plan is submitted to OCFA. Standard notes, guidelines, informational bulletins, submittal instructions, and other information related to plans reviewed by the OCFA may be found by visiting ocfa.org and clicking on "Business4Planning & Development Services" in the menu bar at the top of the screen. DocuSign Envelope ID:88F4C676-46C8-4F9D-88D2-E4724BB398B9 Exhibit A Resolution No. 4433 DR 2021-0005&CUP 2021-0007 Page 10 FEES (1) 11.1 Prior to issuance of any permits, payment shall be made of all applicable fees, including but not limited to, the following: • Building and Planning plan check and permit fees • OCFA permit fees (1) 11.2 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 OC CLERK-RECORDER 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.