HomeMy WebLinkAboutCC RES 05-26RESOLUTION NO. 05-26
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TUSTIN, CALIFORNIA APPROVING TENTATIVE TRACT
MAP 16782 AND DESIGN REVIEW 04-024, TO SUBDIVIDE
5.33 ACRES INTO 25 NUMBERED LOTS AND .6
LETTERED LOTS FOR THE PURPOSE OF DEVELOPING
25 DETACHED SINGLE-FAMILY DWELLINGS ON LOTS 7,
KKK, S, AND T OF TRACT 12780 AND A PORTION OF
LOT S OF TRACT 15563
The City Council of the City of Tustin does hereby resolve as follows:
The City Council finds and determines as follows:
A. That a proper application for Tentative Tract Map 16782 and Design
Review 04-024 was submitted by Lennar South Coast requesting
subdivision of a 5.33 acre site into 25 numbered lots and 6 lettered lots for
the purpose of developing 25 two-story, single family, detached,
residential units within Sector 8 of the East Tustin Specific Plan (ETSP),
and specifically known as Lots 7, KKK, S, and T of Tract 12780 and a
portion of Lot S of Tract 15563.
B. That a public hearing was duly called, noticed, and held for said map by
the Planning Commission on January 24, 2005, and the Planning
Commission adopted Resolution No. 3961 recommending that the City
Council approve Tentative Tract Map 16782,
C. That a public hearing was duly called, noticed, and held for said map on
February 7, 2005, by the City Council;
D. That the proposed project is located within the General Plan "Planned
Community Residential" land use designation and consistent with General
Plan policies that support the development of residential uses in the Tustin
Ranch area.
E. That the proposed project is located within the Planned Community
Residential (PCR) zoning district, which is subject to the East Tustin
Specific Plan. The regulations for development of the site are contained
within the medium density residential district standards of the East Tustin
Specific Plan. The building intensity, density, and design of the proposed
project and subdivision are consistent with the Tustin Area General Plan,
ETSP, and as conditioned, the map would be required to conform with the
State Subdivision Map Act and the Tustin City Code Section 9323
(Subdivision Code);
Resolution No. 05-26
Page 1 of 26
F. That pursuant to Section 2.14.2 of the ETSP, a maximum of 436 dwelling
units may be constructed within Sector 8 of the ETSP. The ETSP
monitoring report shows that 367 dwelling units are approved and
constructed within Sector 8. The total number of units for the Sector
including the proposed tract would be 392, which would allow the Sector to
maintain a surplus allocation for 44 dwelling units.
G. The site is physically suitable for the proposed building intensity in that the
project would provide for a maximum building density of 4.7 dwelling units
per acre which is an acceptable low range within the 1-18 dwelling units per
acre range established in the ETSP for medium density districts. The project
will be consistent with surrounding neighborhoods that are developed with
medium density two-story residences. Using an average of 2.24 persons
per dwelling unit assumed for the project, the tract would provide for
approximately 56 persons on 5.33 acres (or 10.5 persons per acre) and is
within the density range anticipated by the General Plan;
H. As conditioned, the subdivision would promote orderly development to
preserve the public health, safety, and general welfare and provide for
proper use of land and adequate traffic circulation, utilities, and other
services;
I. The site is physically suitable for the type of development proposed in that
the project is accessible through the City's current street system and could
be supported with existing transportation and public facilities;
That lettered Lot F will be maintained as a fuel modification zone which is
required by the Orange County Fire Authority (OCFA) to accommodate
the placement of several tract dwellings in proximity to the naturally
vegetated wildland fire interface area.
K. That the project proponent shall be required to obtain final map approval
prior to obtaining grading or building permits so that development of the
project area may occur on property under one ownership and will not
create building pads on two separate legal lots (Lot S of TT 15563 and Lot
7 of TT 12780).
L. The design of the subdivision or the types of improvements proposed are
not likely to cause serious public health problems in that the project has
been conditioned to comply with applicable regulations of the City of Tustin
and Orange County Fire Authority;
M. That the dedication of parkland previously occurred for Tentative Tract
16782 at the time that Tentative Tract 12780 was approved and the
developer is relieved of dedicating additional land for park purposes;
Resolution No. 05-26
Page 2 of 26
N. That the proposed subdivision would not have an impact on school district
facilities within the Tustin Unified School District in that the number of
proposed residential units is below the threshold analyzed and addressed
by ETSP EIR 85-2 and TUSD will receive its statutory school impact fees
per Senate Bill 50 from residential development. As a condition of
approval for the project, the developer will be required to pay applicable
school fees prior to issuance of building permits. City required mitigation
is limited by State law to requiring payment of the SB 50 school impact
fees;
O. The subdivision would establish undivided interests in common areas
such as the private street, sidewalk, parking areas, open space areas, and
landscape areas with separate interests in property for each numbered lot.
Title 6 of the California Civil Code authorizes the creation of an
association to set forth the restrictions on the use or enjoyment of any
portion of the common interest in a residential tract. As conditioned, the
developer would be required to record a declaration of covenants,
conditions, and restrictions for the project;
P. That the subdivider will be required to provide an easement to the Tustin
Ranch Estates Maintenance Association for the continued acceptance of
drainage on Lot F of Tentative Tract 16782.
Q. That the subdivider will be required to dedicate a portion of the drive
entrance to the tract to ensure access and will maintain an easement for
private sewer, private water, private utilities, and other purposes. To
ensure that established facilities are not disrupted, the subdivider is
required to maintain the utility easement on Lot T from Tract 12780,
maintain the landscape easements over Lots S and KKK of Tract 12780,
and may be required to obtain an easement from the Irvine Company for
use of a drainage easement on Lot 6 of Tract 12780, and;
R. That the design of the subdivision or the proposed improvements are not
likely to cause substantial environmental damage or substantially and
avoidably injure fish or wildlife in their habitat as analyzed in the initial
study conducted for the project;
S. The proposed subdivision is not located within a 100 -year flood plain
according to the Federal Emergency Management Agency map for the
area dated August 9, 2002;
T. That pursuant to Section 9272 of the Tustin Municipal Code, the location,
size, architectural features, and general appearance of the proposed
development will not impair the orderly and harmonious development of
the area, the present or future development therein, or the occupancy as a
Resolution No. 05-26
Page 3 of 26
whole, as described below.
1. Height, bulk, and area of buildings: The proposed height, massing, and
size of the dwellings comply with the East Tustin Specific Plan and are
compatible with existing two-story residential dwellings surrounding the
site in adjacent tracts in that the dwellings and tracts have been subject
to the same medium density development standards and design review
considerations as the project.
2. Setbacks and site planning: The proposed building setbacks comply
with the East Tustin Specific Plan and are compatible with the
setbacks, parcel coverage, and floor area of adjacent tracts. The
estate density tract (15563) to the north of the project is located behind
a naturally vegetated slope and is not visible.
3. Exterior materials and colors: The colors and materials for dwelling
units in the tract are consistent with the colors and materials used on
dwellings in adjacent tracts and include stucco walls, wood trim multi
pane windows, concrete/tile roofs, and earth tone colors such as tans,
browns, and egg shell whites. Establishment of a homeowner
association with CC&Rs will enable the preservation of the color and
material schemes for the tract.
4. Type and pitch of roofs: The proposed architecture contains a
combination of hip and gable roofs as is found on dwellings in adjacent
tracts.
5. Size and spacing of windows, doors, and other openings: Windows,
doors, and vents are symmetrically placed on the buildings and do not
interfere with the reasonable enjoyment of privacy in yards or dwellings
of adjacent tracts.
6. Towers, chimneys, roof structures, flagpoles, radio and television
antennae: No roof -mounted equipment, antennae or flagpoles are
proposed in association with the tract and would be subject to City and
homeowner association design review prior to any future installations.
Chimneys proposed for each dwelling in the tract are complementary to
the architecture of the buildings and are similar to chimneys on
dwellings in surrounding tracts.
7. Location, height, and standards of exterior illumination: Private street
lighting will be provided for the tract and, as conditioned, street
lighting will meet the City's minimum illumination requirements
without producing glare onto on-site or off-site properties.
8. Landscaping and parking area design: Existing perimeter landscaping
with mature trees on Rawlings Way and Tustin Ranch Road is
adequate to serve as a landscape buffer for the tract. The existing
landscaping will continue to be maintained in the City's landscape and
lighting district and by the homeowner association. Proposed interior
common area tract landscaping is conditioned to be provided by the
developer in association with City landscape guidelines and will be
maintained by the homeowners association. Pursuant to the CC&Rs,
Resolution No. 05-26
Page 4 of 26
all garages must be maintained to allow the parking of two (2) vehicles
and as proposed 25 on -street parking spaces will be provided, which is
required by the ETSP for the 25 dwelling units in the tract. The tract
entrance will consist of a landscaped median conditioned to meet City
guidelines and a security gate, wall, and tract identification sign. As
conditioned, all must consist of decorative materials and are subject to
staff design review during plan check.
9. Hillside grading compatibility: Grading of Lot F is conditioned to
integrate into the project so that it closely follows the contours of the
existing slope and the cut is not readily visible from Tustin Ranch Road.
The cut slope shall be subject to further staff design review at plan
check.
10. Mechanical equipment: All equipment must be screened from view by
being placed within an enclosed structure or behind a wall(s) in the rear
or side yard of the residential lots.
11. Location and method of refuse storage: The CC&Rs for the tract are
conditioned so that refuse and recycling containers are not visible when
it is not a hauling day and will be enforced by the homeowner
association.
12. Physical relationship of proposed structures to existing structures in the
neighborhood: The proposed tract is buffered from existing structures
on adjacent properties in Tustin Ranch in that a naturally vegetated
open space hill is to the north, Rawlings Way is to the south, Tustin
Ranch Road is to the east, and an elementary school that maintains
buildings significantly distanced away from the tract is to the west,
13. Appearance and design relationship of proposed structures to existing
structures in the neighborhood and public thoroughfares: The
proposed design features of the buildings are consistent with existing
dwellings in Tustin Ranch in that similar height, massing, and materials
are proposed. Enhanced elevations are required for dwellings facing
Tustin Ranch Road and Rawlings Way.
14. Proposed signage: All tract identification would be reviewed in
accordance with the Tustin Sign Code, which requires compatibility
with the building architecture and materials.
15. Development Guidelines from the ETSP: The project complies with the
development and design guidelines contained in the ETSP in that
adequate landscaping, decorative block walls, quality building
materials, consistent colors, compatible architecture, and enhanced
street facing elevations are incorporated into the project.
U. That the City Council has considered the Draft Negative Declaration
prepared for the project and public comments received prior to or at the
public hearing and has adopted Resolution No. 05-25 finding that the
Negative Declaration adequately addresses all potential impacts related to
the project.
Resolution No. 05-26
Page 5 of 26
The City Council hereby approves Tentative Tract Map 16782 for the subdivision
of 5.33 acres into 25 numbered lots and 6 lettered lots for the purpose of
developing 25 medium density detached single-family dwellings and Design
Review 04-024 for the site layout and architectural design of the project, subject
to the conditions contained in Exhibit A attached hereto.
PASSED AND ADOPTED at a regular meeting of the Tustin City Council held on
the 7th day of February, 2005.
LOU BONE
Mayor
PAMELASTOKER
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF TUSTIN )
I, Pamela Stoker, City Clerk and ex -officio Clerk of the City Council of the City of Tustin,
California, do hereby certify that the whole number of the members of the City Council of
the City of Tustin is five; that the above and foregoing Resolution No. 05-26 was duly
passed and adopted at a regular meeting of the Tustin City Council, held on the 7th day of
February, 2005, by the following vote:
COUNCILMEMBER AYES: BONE, DAVERT, AMANTE, KAWASHIMA (4)
COUNCILMEMBER NOES: NONE 0
COUNCILMEMBER ABSTAINED: HAGEN (1)
COUNCILMEMBER ABSENT: NONE (0)
PAIJELA STOKER
City Clerk
Resolution No. 05-26
Page 6 of 26
EXHIBIT A
TENTATIVE TRACT MAP 16782 AND DESIGN REVIEW 04-024
RESOLUTION NO. 05-26
CONDITIONS OF APPROVAL
GENERAL
(1) 1.1 The proposed project shall substantially conform with the submitted plans for
the project date stamped February 7, 2005, 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 East Tustin Specific Plan and Tustin City Code and other
applicable codes.
(1) 1.2 Approval of Tentative Tract Map 16782 and DR 04-024 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.
(1) 1.3 As a condition of approval of Tentative Tract Map 16782 and DR 04-024, 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 City Council, 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
(5)
RESPONSIBLE AGENCY REQUIREMENT
(2)
CEQA MITIGATION
(6)
LANDSCAPING GUIDELINES
(3)
UNIFORM BUILDING CODES
(7)
PC/CC POLICY
(4)
DESIGN REVIEW
***
EXCEPTION
Resolution No. 05-26
Page 7 of 26
(1) 1.4 The subject project approvals shall become null and void unless permits for
the proposed project are issued and substantial construction is underway
within twenty-four (24) months of the date of this Exhibit. Time extensions
may be considered if a written request is received by the Community
Development Department within thirty (30) days prior to expiration.
(1) 1.5 Unless otherwise specified, the conditions contained in this resolution shall
be complied with as specified or prior to the recordation of a final map or
issuance of building permits, whichever occurs first, subject to review and
approval by the Community Development Department.
(1) 1.6 The development shall be designed and constructed in accordance with all
applicable regulations, including the East Tustin Specific Plan.
FINAL MAP
(1) 2.1 Prior to issuance of a precise grading or building permit, the subdivider
shall record the final map and conform to all applicable requirements of the
State Subdivision Map Act, the City's Subdivision Ordinance, the East Tustin
Specific Plan (ETSP), and the City's zoning regulations. Pursuant to Section
66452.6 of the State Subdivision Map Act, within 24 months from tentative
map approval, the subdivider shall record with the 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.
(1) 2.2 Upon recordation of a final map, the applicant shall obtain a new address
numbers from the Engineering Division.
(5) 2.3 Prior to recordation of a final map, the subdivider shall pay all costs
related to the calculation of the revised parcel assessments, the
preparation of the revised assessment diagram, and other required
administrative duties related to Reassessment District No. 95-2.
Resolution No. 05-26
Page 8 of 26
GRADING PLAN CHECK SUBMITTAL
(3) 3.1 Four (4) sets of final grading plans consistent with the site and
landscaping plans as prepared by a registered civil engineer shall be
submitted and shall include the following:
A. Technical details and plans for all utility installations including
telephone, gas, water, and electricity.
B. Three (3) copies of precise soil report provided by a civil engineer
and less than one (1) year old. The soil report shall include an
analysis demonstrating the stability of the slope on Lot F. Expanded
information regarding the levels of hydrocarbons and ground water
contamination found on-site shall be provided in the soil report. All
pavement "R" values shall be in accordance with applicable City of
Tustin standards.
C. Two (2) copies of Hydrology Report.
D. All site drainage shall be handled on-site and shall not be permitted to
drain onto adjacent properties. The developer shall address in the
hydrology report for the project the ability of the existing private storm
drain to accept the additional water the project intends to divert into the
system. If deemed necessary by the Building Official, prior to building
permit issuance or final map approval, whichever occurs first, the
developer shall obtain an easement from the private storm drain owner
for the conveyance of drainage through the storm drain. Prior to
building permit issuance or final map approval, whichever occurs first,
the developer shall provide an easement to the Tustin Ranch Estates
Maintenance Association for continued acceptance of drainage from
Lot S of Tract 15563.
E. The applicant shall provide information and studies as deemed
adequate by the Community Development Department during and after
construction to demonstrate on-site slope stability.
F. Drainage, vegetation, circulation, street sections, curbs, gutters,
sidewalks, and storm drains shall comply with the on-site Private
Improvement Standards.
G. All locations of existing and proposed cut/fill line(s) shall be shown on
the plans.
(5) 3.2 Prior to the issuance of a grading permit, grading plans must demonstrate
compliance with the Hillside District Guidelines specified in Section 2.13 of
the ETSP.
(3) 3.3 The engineer of record shall submit a final compaction report to the
Building Division for review and approval prior to the issuance of a building
permit.
Resolution No. 05-26
Page 9 of 26
(3) 3.4 The engineer of record shall submit a pad certification to the Building
Division for review and approval prior to the issuance of a building permit.
(3) 3.5 Prior to grading permit issuance, a surety/cash bond will be required to
assure work is completed in accordance with approved plans prior to
permit issuance. The engineer's estimated cost of the grading, drainage,
and erosion control shall be submitted to the Building Official for
determination of the bond amount.
(3) 3.6 Prior to grading permit issuance, the applicant shall provide a note on final
plans that a six (6) foot high chain link fence shall be installed around the site
prior to building construction stages. A nylon fabric or mesh shall be
attached to the temporary construction fencing. Gated entrances shall be
permitted along the perimeter of the site for construction vehicles.
LANDSCAPING/HARDSCAPE PLAN CHECK SUBMITTAL
(6) 4.1 In conjunction with the submittal of grading plans, the applicant shall submit
detailed landscape and irrigation plans demonstrating that all landscape
areas will be constructed to the City's Landscaping and Irrigation Guidelines.
The landscape plans shall be approved prior to issuance of grading permits
and shall include:
A. A summary table applying indexing identification to plant materials in
their actual location. The plan and table must list botanical and
common names, sizes, spaces, actual location, and quantity of the
plant materials proposed.
B. Landscape grading (planting and berming details), soil preparation,
staking, etc.
C. An irrigation plan showing the location and control of backflow
prevention devices, timers pipe size, sprinkler type, spacing, and
coverage.
D. All property lines on the landscaping and irrigation plan, public right-
of-way area, sidewalk widths, parkway areas, and wall locations, if
any.
E. Plans must include the following notes which must be adhered to
during construction:
1) Landscaping and irrigation is subject to field inspection at project
Resolution No. 05-26
Page 10 of 26
completion by the Community Development Department.
2) Turf is unacceptable for grades over 25 percent. A
combination of planting materials must be used; ground cover
on large areas alone is not acceptable.
3) A combination of trees, shrubs, and groundcover shall be
installed at the front entrance landscape lot.
4) Landscape materials shall not conflict with the visual clearance
requirements of the proposed driveway approaches.
5) 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, moving, weeding, removal of litter, fertilizing,
regular watering, and replacement of diseased or dead plants.
(1) 4.2 Landscape maintenance on Lots A, B, C, D, E, and F (fuel modification
lot) shall be the responsibility of Homeowners Association (HOA).
(1) 4.3 All landscape lots along Tustin Ranch Road and the corner lot at
northwest corner of Tustin Ranch Road and Rawlings Way shall be
maintained by the Tustin Landscape and Lighting District and shall be
equipped with a computerized irrigation system fully compatible with the
existing systems currently utilized in other areas of Tustin Ranch.
PRIVATE ON-SITE IMPROVEMENTS
(3) 5.1 Prior to the issuance of precise grading permits or infrastructure
construction plans, plans prepared by a California Registered Civil
Engineer shall be required for all private, on-site construction. All
construction of improvement work shall be designed and performed in
accordance with the applicable portions of the City of Tustin's "Grading
Manual" and "Construction Standards for Private Streets, Storm Drain and
On -Site Private Improvements," revised April 1989, or as subsequently
amended. Said plans shall include, but not be limited to, the following:
A. Curbs and gutters on all streets;
B. Sidewalks on all streets, including curb ramps for the physically
disabled; all sidewalks, pathways, paseos, and trails shall comply
with the provisions of the American with Disabilities Act;
C. Drive aprons;
D, Signing/striping plan;
E. Street and drive aisle paving; all private streets, drive aisles, and
curb return radius shall be consistent with the City's design
Resolution No. 05-26
Page 11 of 26
standards for private street improvements, unless otherwise
approved by the Building Official, and all roadway and driveway
widths and parking area widths (and lengths where appropriate)
shall be dimensioned on the plans;
F. Catch basin/storm drain laterals/connections to the public storm
drain system with approval of the Orange County Flood Control
District;
G. Domestic water facilities and reclaimed water facilities: The
domestic water system shall be designed and installed to the
standards of the Irvine Ranch Water District. Improvement plans
shall also be reviewed and approved by the Orange County Fire
Authority for fire protection purposes. The adequacy and reliability
of the water system design and the distribution of fire hydrants will
be evaluated. The water distribution system and appurtenances
shall also conform to the applicable laws and adopted regulations
enforced by the Orange County Health Department. Any required
reclaimed water system shall meet the standards as required by the
Irvine Ranch Water District (IRWD);
H. Sanitary sewer facilities: All sanitary sewer facilities must be
submitted as required by the Building Official, the City Engineer,
and the Irvine Ranch Water District (IRWD). These facilities shall
be consistent with the standards of the Irvine Ranch Water District;
I. Fire hydrants;
J. Demolition/removal of utilities in accordance with the
demolition/severance plan as required herein;
K. Telecommunications facilities including, but not limited to,
telephone and cable television facilities. Developer is required to
coordinate design and construction of cable television facilities with
a City -franchised system operator and shall not place an undue
burden upon said operator for the provision of these facilities; and,
WATER QUALITY
(1) 6.1 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.
(1) 6.2 The applicant shall comply with the following conditions pertaining to the
requirement for a Water Quality Management Plan:
A. Prior to issuance of any permit, the applicant shall submit for
approval by the Community Development and Public Works
Departments, a Water Quality Management Plan (WQMP)
specifically identifying Best Management Practices (BMPs) that will
be used on-site to control predictable pollutant run-off. This WQMP
shall identify the structural and non-structural measures specified
detailing implementation of BMPs whenever they are applicable to
Resolution No. 05-26
Page 12 of 26
the project; the assignment of long-term maintenance
responsibilities (specifying the developer, parcel owner,
maintenance association, lessee, etc.); and, reference to the
location(s) of structural BMPs.
B. Prior to submittal of a Water Quality Management Plan (WQMP),
the applicant shall submit a deposit of $5,000.00 for the estimated
cost of review of the WQMP to the Building Division. The actual
costs shall be deducted from the deposit, and the applicant shall be
responsible for any additional review cost that exceeded the
deposit prior to issuance of grading permits. Any unused portion of
the deposit shall be refunded to the applicant.
C. Prior to issuance of a certificate of use and occupancy, the property
owner shall record CC&R's or another legal instrument approved by
the City Attorney that shall require the property owner, successors,
tenants (if applicable), and assigns to operate and maintain in
perpetuity the post -construction BMP's described in the WQMP for
the project.
D. The Community Development and Public Works Departments shall
determine whether any change in use requires an amendment to
an approved Water Quality Management Plan.
(1) 6.3 Prior to issuance of grading permits, the applicant shall submit a copy of
the Notice of Intent (NOI) indicating that coverage has been obtained
under the National Pollutant Discharge Elimination System (NPDES) State
General Permit for Storm Water Discharges Associated with Construction
Activity from the State Water Resources Control Board. Evidence that the
NO[ has been obtained shall be submitted to the Building Official. In
addition, the applicant shall include notes on the grading plans indicating
that the project will be implemented in compliance with the Statewide
Permit for General Construction Activities.
(1) 6.4 The following requirements shall be defined on permit plan cover sheets
as either general or special notes and the project shall be implemented in
accordance with the notes:
A. Construction sites shall be maintained in such a condition that an
anticipated storm does not carry wastes or pollutants off the site.
B. Discharges of material other than stormwater are allowed only when
necessary for performance and completion of construction practices
and where they do not cause or contribute to a violation of any water
quality standard; cause or threaten to cause pollution, contamination,
or nuisance; or, contain a hazardous substance in a quantity
Resolution No. 05-26
Page 13 of 26
reportable under Federal Regulations 40 CFR Parts 117 and 302.
C. During construction, disposal of pollutants shall occur in a specified
and controlled temporary area on-site, physically separated from
potential storm water run-off, with ultimate disposal in accordance
with local, State, and Federal requirements. Potential pollutants
include, but are not limited to, solid or liquid chemical spills; wastes
from paints, stains, sealants, glues, limes, pesticides, herbicides,
wood preservatives, and solvents; asbestos fibers, paint flake or
stucco fragments; fuels, oils, lubricants, and hydraulic, radiator or
battery fluids; fertilizers, vehicle/equipment wash water and concrete
wash water, concrete, detergent or floatable wastes; wastes from any
engine equipment steam cleaning or chemical degreasing; and
chlorinated potable water line flushing.
D. Dewatering of contaminated groundwater or discharging
contaminated soils via surface erosion is prohibited. Dewatering of
non -contaminated groundwater requires a National Pollutant
Discharge Elimination System Permit from the California State
Regional Water Quality Control Board.
BUILDING PLAN CHECK SUBMITTAL
(3) 7.1 At the time of building permit application, the plans shall comply with the
2001 California Building Code (CBC), 2001 California Mechanical Code
(CMC), 2001 California Plumbing Codes (CPC), 2001 California Electrical
Code (CEC), California Title 24 Accessibility Regulations, Title 24 Energy
Regulations, City Ordinances, and State and Federal laws and regulations.
Building plan check submittal shall include the following:
A. Seven (7) sets of construction plans, including drawings for
mechanical, plumbing, and electrical.
B. Two (2) copies of structural calculations.
C. Two (2) copies of Title 24 energy calculations.
E. Noise Analysis: The applicant shall comply with the Tustin Noise
Ordinance to limit all exterior and interior noise levels to the
established standards. Prior to issuance of a building permit, the
applicant shall submit a noise analysis to identify insulation features
needed to ensure that the interior noise level of living areas do not
exceed 45 dB and the insulation features shall be incorporated into
the construction drawings. The noise analysis must show that, with
decorative masonry walls constructed between the dwelling units and
Tustin Ranch Road, exterior yard noise levels will not exceed 65 dB.
The noise analysis is subject to approval by the Community
Development Director prior to issuance of any building permits.
Resolution No. 05-26
Page 14 of 26
F. Elevations that include all proposed dimensions, materials, colors,
finishes, and partial outlines of adjacent buildings on-site and off-
site where applicable. Enhanced elevations shall be exhibited on
the exterior of all dwelling unit elevations visible from Tustin Ranch
Road, Rawlings Way, and Ladera Elementary School. Prior to
building permit issuance, Community Development Director may
require modifications to the elevation drawings submitted for plan
check to ensure there will be adequate architectural
embellishments on the dwelling units facing Tustin Ranch Road
and Rawlings Way.
G. Roofing material shall be fire rated class "B" or better.
H. The location of any utility vents shall be provided on the roof plan.
No other rooftop equipment shall be permitted.
I. Ground or wall -mounted outdoor equipment shall be screened so
that it cannot be viewed from public or private streets.
J. Details of all proposed lighting fixtures and a photometric study
showing the location and anticipated pattern of light distribution of
all proposed fixtures, All new light fixtures shall be consistent with
the architecture of the building. All exterior lighting shall be
designed and arranged as not to direct light or glare onto adjacent
properties, including the adjacent streets. Wall -mounted fixtures
shall be directed at a 90 -degree angle directly toward the ground.
All lighting shall be developed to provide a minimum of one (1) foot-
candle of light coverage, in accordance with the City's Security
Ordinance.
L. Construction methods to mitigate ground shaking effects within a
liquefaction zone as determined by the Building Official.
M. Note on plans that no field changes shall be made without prior
approval from the Building Official and architect or engineer of
record.
(3) 7.2 Escape or rescue windows shall be provided in all sleeping rooms, in
accordance with the 2001 California Building Code (Section 310.4).
(3) 7.3 All new glass doors and windows, in or adjacent to doors, shall be tempered
per 2001 California Building Code Section 2406.4.
(3) 7.4 Dwelling units shall be provided with heating facilities capable of maintaining
a temperature of 70 degrees at a point three (3) feet above the floor in all
habitable rooms in accordance with the 2001 California Building Code
(Section 310.11).
(3) 7.5 No part of any structure shall project beyond the property line.
(1) 7.6 Prior to building permit issuance, written permission from property owners
shall be required for any work located on adjacent properties.
Resolution No. 05-26
Page 15 of 26
(5) 7.7 Prior to building permit issuance or final tract map approval, the applicant
shall provide a Refuse and Recycling Container Placement exhibit that
demonstrates where the containers would be placed on hauling day in
relation to required parking spaces. The exhibit shall be incorporated as J
part of the CC&Rs.
(1) 7.8 Pursuant to the City of Tustin's Security Ordinance and the Uniform Fire
Code, street numbers shall be displayed in a prominent location on the
street side of the complex, The numerals shall be no less than four (4)
inches in height and shall be of contrasting color to the background to which
they are attached and illuminated during hours of darkness.
(1) 7.9 No outdoor storage shall be permitted except as approved by the Tustin
Community Development Director.
(1) 7.10 Project Recycling Requirement — The City of Tustin is required to comply
with the recycling requirements contained in the California Integrated
Waste Management Act of 1989. To facilitate City compliance with this
law, the Project Applicant is required to comply with Section 4327 of the
Tustin City Code which details requirements for developing and
implementing a Waste Management Plan. The following recycling criteria
shall apply:
A. All construction, demolition and renovation projects with a valuation
between $50,000 to $100,000 are required to submit construction
and demolition debris collection, disposal, and diversion information
to the City of Tustin Building Department on the City prescribed
form, upon project completion. The applicant must provide proof
that at least 50 percent of the waste materials are diverted from
landfill(s) and are recycled or salvaged.
B. All construction, renovation, or demolition for any project with a
valuation of $100,000 or greater is required to submit construction
and demolition debris collection, disposal, and diversion information
to the City of Tustin Building Department on the City prescribed form
prior to building permit issuance. At least 50 percent of the debris
shall be diverted from landfill(s) to a recycling center. A $50.00 per
ton security deposit (not to exceed $5,000 per project) shall be
collected by the City prior to building permit issuance for construction
and demolition recycling. Upon final inspection, the applicant shall
submit documents (i.e. receipts from vendors) to the City of Tustin
showing actual weight or volume of each material of construction and
demolition diverted to recycling center(s).
(3) 7.12 Prior to building permit issuance, the developer shall provide written
approval from Federal Disposal Services for acceptance of refuse and
recycling hauling services to the tract.
Resolution No. 05-26
Page 16 of 26
PUBLIC INFRASTRUCTURE
(1) 8.1 Prior to approval of the final tract map, approval of a separate 24" x 36"
street improvement plan, as prepared by a California Registered Civil
Engineer, shall be required for all construction within the public right-of-
way. Construction and/or replacement of any missing or damaged public
improvements shall be required adjacent to this development. Said plan
shall include, but not be limited to the following:
A. Curb and gutter
B. Sidewalk, including curb ramps for the physically disabled
C. Landscape/irrigation
D. Street lighting
E. Catch basin/storm drain laterals/connection to existing storm drain
system
F. Domestic water facilities
G. Reclaimed water facilities
H. Sanitary sewer facilities
I. Underground utility connections
In addition, a 24" x 36" reproducible construction area traffic control plan,
as prepared by a California Registered Traffic Engineer or Civil Engineer
experienced in this type of plan preparation shall be required.
(1) 8.2 Plans shall show that current Federal Americans with Disabilities Act
(ADA) requirements are met at the drive apron and pedestrian walkways.
The improvements shall subsequent be constructed to plans.
(1) 8.3 Two complete sets of hydrology studies and hydraulic calculations shall be
submitted for review and approval by the City.
(1) 8.4 Adequate horizontal and vertical intersection sight line shall be provided.
In general a 25' x 25' limited use area triangle provides adequate sight at
typical driveways. Addition sight evaluation, however, could be required to
satisfy City of Tustin Standard Drawings and Design Standards for Public
Works Construction No. 510 for all affected streets. The sight lines would
be shown on the grading plan and landscape plan. If detailed analyses
are requested, all landscaping within the limited use area would need to
comply with City of Tustin Standard Drawings and Design Standards for
Public Works Construction No. 510.
(1) 8.5 Prior to building permit issuance, Lots S and KKK of Tract 12780 will
require to the Tustin Landscape and Lighting District by the project
proponent. The project proponent shall provide a letter to the Public
Works Department stating this annexation will not protested.
Resolution No. 05-26
Page 17 of 26
CONSTRUCTION AND PROJECT PHASING
(1) 9.1 If the sale of the open space occurs after the approval of the Final Tract
Map, the applicant shall relocate the proposed retaining wall outside the
open space or obtain written approval/ easement from the Tustin Ranch
Estate.
(1) 9.2 Design and construction of all public infrastructure, in -tract private streets
and utility systems, and residential units shall be constructed within one
(1) phase.
(2) 9.3 All construction operations, including engine warm-up and deliveries of
materials and equipment, shall be subject to the provisions of the Tustin
Noise Ordinance and shall take place only between the hours of 7:00 a.m.
and 6:00 p.m., Monday through Friday, and between 9:00 a.m. and 5:00
p.m. on Saturday, unless otherwise determined by the Community
Development Director and/or Building Official. Construction activities are
prohibited on Sundays and City -observed Federal holidays. The
construction hours shall be clearly posted on the project site to the
satisfaction of the Building Official.
(1) 9.4 All construction activity must comply with the requirements of the City of
Tustin Grading Manual which requires frequent watering of the project site
to control dust and prohibiting grading during second stage smog alerts and
when wind velocities exceed 15 miles per hour.
(1) 9.5 Any damage done to existing street improvements and utilities shall be
repaired before acceptance of the tract.
(1) 9.6 Prior to any work in the public right-of-way, an Encroachment Permit shall
be obtained and applicable fees paid to the Public Works Department.
(1) 9.7 Any proposed temporary on-site sales or construction trailers shall be
subject to review and approval by the Community Development Director.
Any proposed temporary trailers shall meet Title 24 accessibility standards
for disabled persons, provide an accessible path of travel, and provide on-
site parking. Occupancy of any on-site trailers shall be prohibited daily
between 6:00 p.m. and 6:00 a.m.
DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS (CC&RS)
(1) 10.1 Prior to issuance of building permits or recordation of the final map,
whichever occurs first, all organizational documents for the project
Resolution No. 05-26
Page 18 of 26
including Covenants, Conditions, and Restrictions (CC&Rs) shall be
submitted to and approved by the Community Development Department
and the City Attorney. The applicant is responsible for costs associated
with the review of these documents. The approved CC&Rs shall be
recorded concurrently with recordation of the final map. A copy of the final
documents shall be submitted to the Community Development
Department within five (5) days after their recordation. These provisions
shall include, but not be limited to, the following:
A. No dwelling unit in the development shall be sold or a Certificate of
Occupancy issued, unless a homeowners association has been
legally formed with the right to assess all these properties which are
jointly owned or benefited to operate and maintain all other mutually
available features of the development including, but not limited to,
landscape lots, private streets, utilities, and Lot F for fuel
modification purposes.
B. 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.
C. Association bylaws must be established.
D. Provisions for effective establishment, operation, management,
use, repair, and maintenance of all common areas and facilities
including but not limited to, landscaped areas, tract perimeter walls,
private roadways (i.e., walkways, sidewalks, driveways), landscape
lots, and Lot F for fuel modification purposes.
E. Membership in the homeowners association shall be inseparable
from ownership in individual Lots A, B, C, D, E, and F.
F. 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 patios, sunshades,
trellises, gazebos, awnings, exterior mechanical equipment,
television and radio antenna, consistent with the ETSP. These
controls shall also include all restrictions on privately or commonly
owned lots that are affected by the Precise Fuel Modification Plan
to be reviewed and approved by the Orange County Fire Authority
at plan check.
G. Maintenance standards shall be provided for applicable items listed
in Section d. Examples of maintenance standards are shown
below:
Resolution No. 05-26
Page 19 of 26
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.
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.
H. Homeowners association approval of exterior improvements
requiring a building permit shall be obtained prior to requesting a
building permit from the City of Tustin Community Development
Department. All plans for exterior improvements shall conform to
requirements set forth by the City and the CC&Rs.
I. The approved "Site Plan" shall be made part of the CC&Rs and
shall be enforced by the homeowners association. In addition to
the exhibit, provisions regarding parking shall be included in the
CC&Rs, including the following:
1. All units are required to maintain a two -car garage.
2. A total of 25 unassigned on -street parking spaces shall be
permanently maintained in locations shown on the site plan.
3. Residents shall not store or park any non -motorized
vehicles, trailers, or motorized vehicles that exceed 7 feet
high, 7 feet wide, and 19 feet long in any parking space,
driveway, or private street area except for the purpose of
loading, unloading, making deliveries, or emergency repairs
except that the homeowners association may adopt rules
Resolution No. 05-26
Page 20 of 26
and regulations to authorize exceptions.
4. Residents shall park vehicles in garage spaces. Storage of
items may occur in the garages only to the extent that
vehicles may still be parked within the required garage
spaces.
5. The homeowners association shall be responsible for
monitoring and enforcing all parking and traffic regulations
on private streets. The proposed CC&Rs shall include
provisions requiring the association to develop and adopt an
enforcement program for parking and traffic regulations
within the development which may include measures for fire
access and enforcement by a private security company.
6. Trash and recycling bins shall be placed for collection in
locations indicated on the "Refuse and Recycling Container
Placement" exhibit no sooner than twelve hours before
waste hauling pick up day and removed from view no later
than twelve (12) hours after collection.
J. Maintenance of all common areas, landscape (Lots B, C, D, and E),
fuel modification (Lot F), drive aisle (Lot A), driveways (Lot A), etc.,
shall be the responsibility of the homeowners association.
K. Television and radio antennas shall be installed in accordance with
the requirements of the Tustin City Code.
L. All utility services serving the site shall be installed and maintained
underground.
M. The homeowners association shall be required to file the names,
addresses, and telephone numbers of at least one member of the
homeowners association board and, where applicable, a manager
of the project before January 1 st of each year with the City of Tustin
Community Development Department for the purpose of contacting
the association in the case of emergency or in those cases where
the City has an interest in CC&R violations.
N. The homeowners association shall be responsible for establishing
and following procedures for providing access to public utilities for
maintenance of their facilities within the project area, subject to
those agencies' approval.
O. No amendment to alter, modify, terminate, or change the
homeowners association's obligation to maintain the common areas
and the project perimeter wall or other CC&R provisions in which
Resolution No. 05-26
Page 21 of 26
the City has an interest, as noted above, or to alter, modify,
terminate, or change the City's right to enforce maintenance of the
common areas and maintenance of the project perimeter wall, shall
be permitted without the prior written approval of the City of Tustin
Community Development Department.
HOMEBUYER NOTIFICATION
(1) 11.1 Prior to recordation of the final map, the subdivider shall submit to the
Community Development Department for review and approval a
homebuyer notification document that includes the notifications listed
below. The notification document shall be signed by each homebuyer
prior to final inspection and occupancy, and a copy of the signed
notification shall be provided to the Community Development Department
prior to final inspection and/or issuance of each Certificate of Occupancy.
A. A notice for potential roadway noise, airport noise, and school
operation noises that may impact the subdivision, including
roadway noise associated with Tustin Ranch Road which is a major
road and playground and school bell noises associated with Ladera
Elementary School.
B. A notice regarding units that are adjacent to aboveground utilities or
structures (such as street light standards and fire hydrants)
identifying the type of structure and their locations.
C. A notice explaining the location and restrictions associated with the
Precise Fuel Modification Plan to be reviewed and approved by the
Orange County Fire Authority at plan check.
D. A notice explaining the guest parking provisions of the CC&Rs.
E. A notice that Tustin is subject to aircraft overflights into John
Wayne airport.
F. A notice explaining the CC&R provisions for curbside placement
refuse and recycling containers.
G. A notice indicating that any use of a residence for a business shall
be subject to the City's Home Occupation Ordinance and may
require zoning clearance and a business license.
H. A notice explaining the easements, facilities, amenities, and
dedications that will be provided on lettered Lots and indicating all
on-site streets, driveways, fuel modification areas, and common
areas are to be maintained by the Homeowners Association.
Resolution No. 05-26
Page 22 of 26
A notice stating refuse and recycling bins shall be placed for
collection in locations indicated on the "Refuse and Recycling
Container Placement" exhibit no sooner than twelve hours before
waste hauling pick up day and removed from view no later than
twelve (12) hours after collection.
J. A notice indicating the minimum building setbacks, lot coverage,
and restrictions on construction within the fuel modification zone for
Lots 8 through 12.
K. A notice explaining that residents are required to park vehicles in
garage spaces and that garage storage may only occur to the
extent that vehicles may still be parked within the required garage
spaces.
L. A notice explaining that the 25 on -street parking spaces are
unassigned.
M. The developer shall notify all potential homebuyers that potential
liens/assessments against the properties include:
1. Reassessment District No. 95.2 fees.
2. Tustin Landscape and Lighting District fees as amended.
3. Mello Roos fees.
GRANTS IN FEE AND DEDICATIONS
(1) 12.1 The subdivider shall satisfy grants in fee 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.
(1) 12.2 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 shall be submitted to the Public Works Department/Engineering
Division in computer aided design and drafting (CADD) format. The
standard file format is AutoCAD Release 2004 having the extension DWG.
Likewise, layering and linetype conventions are AutoCAD -based (latest
Resolution No. 05-26
Page 23 of 26
version available upon request from the Engineering Division). In order to
interchangeably utilize the data contained in the infrastructure mapping
system, CADD drawings shall be in AutoCAD "DWG" format (i.e.,
produced using AutoCAD or AutoCAD compatible CADD software). The
most current version of AutoCAD is Release 2004. Drawings created in
AutoCAD Release 2000 are compatible and acceptable.
The CADD files shall be submitted to the City at the time the plans are
approved and updated CARD files reflecting "as built" conditions shall be
submitted once all construction has been completed. The subdivision
bonds will not be released until the "as built CADD files have been
submitted.
(1) 12.3 Subdivider's execution of a subdivision and monumentation agreement
and furnishing the improvement and monumentation bonds as required by
the City Engineer prior to recordation of the final map.
ORANGE COUNTY FIRE AUTHORITY (OCFA) CONDITIONS
(1) 13.1 Prior to the issuance of any building permits, the applicant shall submit a
Fire Master Plan obtain approval of the Orange County Fire Authority for
all fire protection access roads to within 150 feet of all portions of the
exterior of every structure on site. The Fire Master Plan should indicate
the locations of all proposed fire hydrants on the project. The plans shall
indicate the locations of red curbs and signage and include a detail of the
proposed signage including the height, stroke and colors of the lettering
and its contrasting background. contact the OCFA at (714) 573-6100 or
visit the OCFA website to obtain a copy of the "Guidelines for Emergency
Access, or Bulletin number 08-99, "Fire Department Access Requirements
for A Single Family Residence."
(1) 13.2 Prior to the issuance of any building permits, the applicant shall provide
evidence of adequate fire flow. The "Orange County Fire Authority Water
Availability for Fire Protection" form needs to be signed by the applicable
water district and submitted to the Fire Chief for approval. If sufficient
water to meet fire flow requirements is not available, an automatic fire
extinguishing system may be required in each structure affected.
(1) 13.3 Prior to the issuance of any building permits, the applicant shall obtain
approval from the Fire Chief for the construction of any gate across
required fire department access roads. Please contact the OCFA at (714)
573-6100 or visit the OCFA website to obtain a copy of the "Guidelines for
Design and Installation of Emergency Access Gates and Barriers."
(1) 13.4 Prior to the issuance of a building permit, the applicant shall obtain
approval from the OCFA for a precise fuel modification plan. The plan
needs to indicate the proposed means of modifying vegetation to reduce
Resolution No. 05-26
Page 24 of 26
the risk to structures. Please contact the OCFA at (714) 573-6100 or visit
the OCFA website to obtain a copy of the "Guideline for Fuel Modification
Plans and Maintenance."
(1) 13.5 Prior to the issuance of a building permit, the developer, under the
supervision of the OCFA, shall complete the portion of the approved
precise fuel modification plan determined to be necessary before the
introduction of any combustible materials into the project area. Approval
will be subject to an on-site inspection.
(1) 13.6 Prior to the issuance of any certificate of use and occupancy, the fuel
modification shall be installed and completed under the supervision of the
OCFA with an approved plant pallet. The CC&Rs or other approved
documents need to contain provisions for maintaining the fuel modification
zones, including the removal of all dead and dying vegetation. The fuel
modification zones will be subject to triennial inspections.
(1) 13.7 Prior to the issuance of a building permit, the applicant shall submit plans
for any required automatic fire sprinkler system in any structure to the
OCFA for review and approval. Fire sprinklers will be required if any of the
structures are in excess of fire department access requirements, or if any
of the structures are 5,500 square feet or larger. Please contact the
OCFA at (714) 573-6100 for additional information.
FEES
(1) 14.1 Prior to issuance of any building permits, payment shall be made of all
applicable fees, including, but not limited to, the following. Payment shall
be required based upon those rates in effect at the time of payment and
are subject to change.
A. Building and grading plan check and permit fees shall be paid to the
Community Development Department based on the most current
schedule.
B. Private improvement plan check and permit fees shall be paid to the
Community Development Department.
C. Payment of $1,330 which is the applicant's fair share (1.9% of
$70,000) towards a capital improvement program to widen the
northbound left -turn pocket length from Tustin Ranch Road to
Rawlings Way as identified in the traffic study attached to the
mitigated negative declaration for the project.
D. OCFA plan check and inspection fees shall be paid to the Community
Development Department based upon the most current schedule.
Resolution No. 05-26
Page 25 of 26
E. New development fees in the amount of $350 per unit shall be paid to
the Community Development Department.
F. School facilities fee to the Tustin Unified School District shall be paid
to the District based to any agreement reached and executed
between the District and the applicant.
G. Water and sewer connection fees shall be paid to the Irvine Regional
Water District (IRWD).
(1) 15.2 The applicant shall submit to the City of Tustin a fee for the review of
Covenants, Conditions, and Restrictions (CC&Rs) and homebuyer
notifications at the time of submittal. The review fee includes one initial
check and recheck of the document. If subsequent review is required, an
hourly fee of $190 per hour (or the rate in effect at the time of submittal) for
the City Attorney and $50 per hour (or the rate in effect at the time of
submittal) for staff review shall be submitted.
(1) 15.3 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.
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