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HomeMy WebLinkAboutCUP 04-009 DATE: TO: FROM: SUBJECT: Inter-Com /i!t',.--.", !,,~~D"'" '~~ i..pli~"~i41 ..}:. ,', ",>>.~,\~,,:,:,.. """';' '~" j~1 f~~~~ JUNE 7, 2004 ZONING ADMINISTRATOR COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONAL USE PERMIT 04-009 APPLICANT: PROPERTY OWNER: LOCATION: ZONING: GREENWOOD & SON CARL GREENWOD 440 WEST FIRST STREET #201 TUSTIN, CA 92780 V ALLERO GAS ATTN: TIM DO 395 WEST FIRST STREET TUSTIN, CA 92780 395 FIRST STREET COMMERCIAL AS PRIMARY USE/FIRST STREET SPECIFIC PLAN ENVIRONMENTAL STATUS: THIS PROJECT HAS BEEN DETERMINED TO BE CATEGORICALLY EXEMPT PURSUANT TO SECTION 15330 (CLASS 30) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). AUTHORIZATION TO TEMPORARILY OPERATE A GROUND WATER PUMPING MACHINE AND A VAPOR EXTRACTION UNIT AT AN EXISTING GAS STATION TO REMOVE HYDROCARBONS FROM THE WATER AND SOIL. PURIFIED WATER WILL BE EXPELLED INTO THE STORM DRAIN. THE WATER PUMPING EQUIPMENT WILL BE ON-SITE APPROXIMATELY ONE YEAR AND AFTER REMOVAL, SOIL VAPOR EXTRACTION EQUIPMENT WILL BE PLACED ON THE PROPERTY FOR APPROXIMATELY ONE ADDITIONAL YEAR. REQUEST: Zoning Administrator Report CUP 04-009 Page 2 RECOMMENDATION That the Zoning Administrator adopt Zoning Administrator Action No. 04-006 approving Conditional Use Permit 04-009. BACKGROUND Location The project site is located on a gas station at 395 West First Street on the northeast corner of West First and North A Streets as identified on the Location Map (Attachment A). The property is zoned as Commercial as Primary in the First Street Specific Plan and is owned and occupied by Valero Gas. Adjacent uses include a single-family residence to the north, a restaurant to the east, a two-story commercial building to the west, and commercial uses across W First Street to the south. All equipment and operations will be located in an existing enclosure and within a temporary shed at the existing gas station. DISCUSSION Duration of Use The applicant is requesting authorization to utilize a groundwater pumping machine to remove hydrocarbons from groundwater for approximately one year. The applicant's soil remediation engineer will take weekly measurements to verify the effectiveness of the equipment. Once the Orange County Health Care Agency (OCHCA) verifies that the hydrocarbon concentrations in the groundwater are adequately reduced, the groundwater pumping equipment will be removed and soil vapor extraction equipment will be placed on the site to begin removing hydrocarbons from the soil. Soil vapor extraction activity is anticipated to take approximately one year until, based on routine measurements, OCHCA verifies that the hydrocarbon concentrations in the soil have been adequately reduced. As indicated on the submitted plans (Attachment B), the proposed groundwater and soil remediation equipment would be used twenty-four (24) hours a day for approximately (24) months combined in association with the continued operation of the existing gas station. Permit Requirements In accordance with Tustin City Code Section 9270b(d), the removal of earth, other than in connection with construction of buildings, roadways, or public or home improvements, is allowed with the approval of a conditional use permit. Pursuant to Tustin City Code (TCC) Section 9299(b)(4), the Zoning Administrator can approve conditional use permits for groundwater and soil remediation operations for any length of time. Zoning Administrator Report CUP 04-009 Page 3 Groundwater and Soil Remediation Process The groundwater remediation equipment involves the pumping of hydrocarbon contaminated groundwater from existing monitoring wells with an air compressor into a "liquid ring blower" where water is turned into water vapor. The water vapor is then pushed into a "knockout tank" where petroleum hydrocarbons are separated from which water vapor. The separated hydrocarbons are burned off in association with a permit from the South Coast Air Quality Management District (SCAQMD) which requires that the byproduct of the burned hydrocarbons be filtered through a catalytic converter prior to discharge into the air. The air discharge may not exceed threasholds established by the permit. Once the water vapor returns to a liquid state, it is discharged into an "air stripping unit" where air is removed from the previously aerated water vapor. Subsequently, the water is filtered through three "granular carbon canisters" where any remaining particulate is removed prior to the purified water being released into the storm drain. Prior to any release, Condition 4.3 wouid require the applicant to obtain an Encroachment Permit from the Public Works Department and operate in accordance with the Discharge Authorization No. R8-2002-0007-124 issued on January 27, 2004, by the California Regional Water Quality Control Board to ensure compliance with the National Pollution Discharge Elimination System (NPDES). Alternatively, the applicant could truck contaminated water to an off-site treatment center provided that proper permits are obtained and presented to the Community Development Director prior to hauling operations. The soil remediation equipment vacuums air from on-site dry wells and the hydrocarbon vapors contained in the air are burned off in association with a SCAQMD permit which requires filtering and threshold monitoring in the same manner as the groundwater remediation. Initially the hydrocarbon vapors are self sufficient fuel for the burning process. Later in the remediation process, natural gas must be added to maintain a burning flame. Soil is not unearthed for either the groundwater or soil remediation process. Pursuant to the applicant's SCAQMD permit, all wells must be capped once the process is complete to prevent any remaining hydrocarbons from escaping into the air. Operational Configuration The service station would remain open while the equipment is in use. The equipment will be located in an existing sixteen by twelve foot free-standing storage building and a proposed eight by fourteen foot shed located along the north property line and would not encroach into parking or drive aisles. The facility would not be easily visible given that the location is the furthest away from First Street and is enclosed. Pursuant to Condition 1.9, at the completion of the remediation, the proposed shed and equipment will be removed. In association with the discharge of purified water into the storm drain, pipes will be located aboveground along the north property line until they reach the west property line Zoning Administrator Report CUP 04-009 Page 4 where they will be placed under the existing driveway and sidewalk facing North A Street so that the water can be discharged into the storm drain. Noise The City's noise ordinance limits sound produced by the equipment to 60 decibels. The manufacturer's specifications indicate that the equipment produces 67 decibels of sound with an electric motor. However, the equipment will be located inside an existing building and the applicant's project scientist indicates that the noise generated by the equipment will not exceed 60 decibels. Condition 2.1 requires staff to obtain a decibel reading of the equipment to verify that it produces no more than 60 decibels of noise. If the reading exceeds the threshold, the Community Development Director may require the applicant to provide mitigation measures and install sound insulation materials. As a matter of record, the property owner of the gas station is also the owner of the residence to the immediate north of the project site where the equipment is proposed to be located; noise complaints would not be likely. The sheds and equipment are located approximately seventy feet from the commercial use to the east; two hundred feet from the commercial use across First Street to the south; and, one hundred thirty feet from the commercial use to the west. ANALYSIS FINDINGS A decision to approve this request may be supported by the following findings: 1) The proposed soil vapor extraction equipment with an associated groundwater pump containing treatment filters is necessary to facilitate soil and groundwater remediation required by the Orange County Health Care Agency and Santa Ana Regional Water Quality Control Board. 2) The installation and operation of extraction and treatment equipment would be temporary for a period of twelve (12) to twenty-four (24) months and will be removed upon completion of the process. 3) Removing contaminates from the soil and groundwater would benefrt the environment and protect the health, safety, morals, comfort, and general welfare of persons residing or working in the neighborhood and improve the condition of the property. Zoning Administrator Report CUP 04-009 Page 5 4) The temporary equipment is adequately housed within structures on the project property to buffer the use between adjacent residentially zoned or used property. The equipment will be located inside an existing building and the applicant's project scientist indicates that the noise generated by the equipment will not exceed 60 decibels, which is below the maximum noise level allowed by the Tustin City Code. As conditioned, the noise levels would be verified prior to final inspection and the applicant would be required to install sound insulation materials, if needed. 5) The location of the equipment would allow the service station to remain in business during the use of the remediation equipment. On-site parking or circulation would not be affected since the equipment is located at the rear of the lot and not within a drive aisle. 6) As conditioned, the use would be approved and monitored by the City of Tustin, Orange County Health Care Agency, the California Regional Water Quality Control Board, and the South Coast Air Quality Management District. /<-fVtvL L (~hVL-- Karen Peterson Senior Planner Attachments: A - Location Map B - Submitted Plans C - Zoning Administrator Action No. 04-006 S:\CddIZAREPoRncup 04-009.doc ATTACHMENT A Location Map m ..........- '" '" '" .., '" '" 0"' ~ ~ ~ 0 <; 0 0 ~ ~ ~ " " ~ ~ . 0 :: :: :: o ~. First Street ~ ~ ~ g ~ ~ . ~ . ~ '" '" tZL on o L~ ~ t Z LlJ'(ft (.N " " '" '" '" t ~ ~ ~ . CUP 04-009 395 W. First Street ~ ~;.L 07. !01rL 9?t:ti n;L . ma ~ > !iSH u: est "" ~ nH m 09. " !i9L g91 '" '" '" I I I I o 75 ISO 225 300 SCALE IN FEET ATTACHMENT B Submitted Plans CD---- CD- if PROPOSED GAS METER DETAILED AREA ON FIGURE 3 LANDSCAPE LOCATION OF TEMP POWER POLE - --- ,-~-=:--=:- ...:a.,,:-..= :-'=:--,z:--=:-"=:-"=,=-'=:--=;-=:-"=:--=..- SMW-S , . ~ u t"PVCdimllllQlepipc f-< ~ en ..: i5 0:: o Z "''' +VEW4 .J ( I AlH BASIN CANOPY J.wwl' tI-1 ~MonitoringWellLocation +VEV'1 -VaporExtractionWe1lLocation ____ ~VaporExtractlonP1Pmg -Pump & Treat Piping -Natural Gas Line _. _. _ -Treated Water Discharge Piping '(, -propertyLine CD- -LocationofPhotoShot\5eellttachodphotosl All Piping shown is above ground, aU piping from wens and .,.- 'rgepomtsllI'eurnierground W-fJ through MW-8 are located off-Site in City right-of-way ame for completion of remediation is approximately 1-2 years , frame for monitoring wells is approximatdy I-year after remediation -Hours of system operation is dependent upon City of Tustin's CUP -No field changes !IbaU be made without prior approval (onnat he Building Official and architect or englIleel" of record -All constmciion has taken place, no additional wells will be installed ~ S MW-I S MW-4 CANOPY 1 I I I I I ~ ----f.:-- VEWI S MW-3 PU\Tr:JI. "II OR/IEW,!f J~" S1D~UIK DR/I'Err.lf 1 WEST FIRST STREET ~ 'tv c? ---@ 0' 10' 20' I I Approximate Scale PIPING "MANIFOLD ---<2) W2 . LANDSCAPE . ~ ii: '" ,. ~ '" . . .. LANDSCAPE . . SlnEW.-IU.- ~ Site Name: Greenwood-Super Stop 395 West First St., Tustin, CA SITE PLOT PLAN WI REMEDIATION SYSTEM AND PIPING LOCATIONS ** RfYNOWSGROUP E.\1111a"'Ii!AT..u.W""-"'8 PreparcdBy: The Reynolds Group Project No: Date: 5299 Greenwood March 2004 FIGURE 2 lH .51ij ;~~ ~l ~ t:: 5. 0. (;' = '" 0" ~ ij ~ = R- o a ~ . '11 1[1 Ie ,~ , ~~ 12 S. ~ 0 ~ 00 ,. ;l1 Ii f--wl f i o '" . :;l:l':": 0 e 0 w ~ ~ ~ ~ 0 Cl " ~ 11 ~ 0 0 '0 ." ,.. ~: ~ n~Q ~ 1 0 1 a ~. a. ~ ff a ~ 00 0 _ ~ ~ t:1 e; ~ . j:r " ~ n . g N > '<> 0 '<> ~ IT~ N ~h ~i:;m 0 ~3:::i 0 ~ ::s e; w - ,.. ~ ~S2~ T 0.> o ... .. 5. m C, t"'~ _0 >", ~ ~ -<z ~~ " ~ ~ w Stg~g..~ OQ.~~g g ~ ~h ~ &~ ~ g '<~C:Hp.. ~ ra e. e: ~ _. CI'l .., '< ::;. g'-a ~ ~.; = :;;:-::s t:1 = a2."a~.g 0,< 0 =" rrc Ql t"l (3'l'd ~ &. ~:'S.ga 3g.p..~g o 0 :IE 0 .... ~iR-"ga . ~::e ~.~ 000 !i =-. Q)"5!.Ql(i ~~8..t:r" c;;'e; g; ~ (\l "" (1l p.. 8 d-.g lfif~. ~ [zlf ~ 'il ~ ft g: o~ S~trj(i' S' ~ rn :3 ~ Vi' '< z o ~ s MW.7 s Lwnd' -Groundwater Monitoring Well Location TVF.WI .Vapor Extraction Well Location (61.76) -Groundwater Elevation in feet (-.) -Unkown Groundwater Elevation (Dry Well) Iil ~ '" <<: ~ z I s +VEW' (------- I I I CANOPY I I '------- S MW-2 ** JllYNOLDS GROUP EI/I'IM>>t"Dlf.u.SER"'CE:; RESIDENTIAL BUILDING ,~ smSWALX SMW.8 RESIDENTIAL Site Name: MW-9 MW.'S SMW-4 ------, CANOPY I I I I I I --~---" VEWl MW-J VILLA VIEW APARTMENTS VEW2 ACCESS WAY SHAKEYS PIZZA WEST FIRST STREET f-< ~ '" <<: ~ 5 '" RESIDENTIAL 0' 25' 50' I I Approximate Scale Greenwood-Super Stop 395 West First St., Tustin, CA Prepared By: The Reynolds Group Project No: 5299 Greenwood Date: March 2004 ~ SITE PLOT PLAN WI GROUNDWATER WELL LOCATIONS FIGURE 4 Our pleasantly enclosed treatment system ~ ~ ATTACHMENT C Zoning Administrator Action No. 04-006 ZONING ADMINISTRATOR ACTION 04-006 CONDITIONAL USE PERMIT 04-09 The Zoning Administrator of the City of Tustin does hereby resolve as follows: I. The Zoning Administrator finds and determines as follows: A. That a proper application for Conditional Use Permit 04-009 was filed by Carl Greenwood requesting authorization to temporarily operate a ground water pumping machine and a vapor extraction unit to remove hydrocarbons from the water and soil under an existing gas station located at 395 West First Street. B. In accordance with Tustin City Code Section 9270b(d), the removal of earth is allowed with an approved conditional use permit in the Commercial as Primary Zoning District of the First Street Specific Plan and within the Planned Community Commercial/Business land use designation of the City of Tustin General Plan which maintains a goal of revitalizing older commercial properties such as contaminated gas stations. In accordance with Tustin City Code (TCC) Section 9299(b)(4), the Zoning Administrator can approve conditional use permits for groundwater and soil remediation operations for any length of time. In addition, the project has been determined to be consistent with the Air Quality Sub-element of the City of Tustin General Plan in that Policy 3.1 of the Sub-element encourages the minimization of particulate emissions, and the proposed remediation process is a much cleaner method than non- filtered evaporation of hydrocarbon particulate into the air. C. That a public hearing was duly called, noticed, and held on said application on June 7, 2004, by the Zoning Administrator. D. That the establishment, maintenance, and operation of the use applied for 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 a detriment to the property and improvements in the neighborhood of the subject property, nor to the general welfare of the City of Tustin as evidenced by the following findings: 1) The proposed soil vapor extraction equipment with an associated groundwater pump containing treatment filters is necessary to facilitate soil and groundwater remediation required by the Orange County Health Care Agency and Santa Ana Regional Water Quality Control Board. 2) The installation and operation of extraction and treatment equipment would be temporary for a period of twelve (12) to Zoning Administrator Action 04-006 Conditional Use Permit 04-009 Page 2 twenty-four (24) months and will be removed upon completion of the process. 3) Removing contaminates from the soil and groundwater would benefit the environment and protect the health, safety, morals, comfort, and general welfare of persons residing or working in the neighborhood and improve the condition of the property. 4) The temporary equipment is adequately housed within structures on the project property to buffer the use between adjacent residentially zoned or used property. The equipment will be located inside an existing building and the applicant's project scientist indicates that the noise generated by the equipment will not exceed 60 decibels, which is below the maximum noise level allowed by the Tustin City Code. As conditioned, the noise levels would be verified prior to final inspection and the applicant would be required to install sound insulation materials, if needed. 5) The location of the equipment would allow the service station to remain in business during the use of the remediation equipment. On-site parking or circulation would not be affected since the equipment is located at the rear of the lot and not within a drive aisle. 6) As conditioned, the use would be approved and monitored by the City of Tustin, Orange County Health Care Agency, the California Regional Water Quality Control Board, and the South Coast Air Quality Management District. E. This project is categorically exempt pursuant to Section 15330, Article 19, Class 30 of Title 14, Chapter 3 of the California Code of Regulations (Guidelines for the California Environmental Quality Act). II. The Zoning Administrator hereby approves Conditional Use Permit No. 04- 009 authorizing the operation of temporary groundwater and soil remediation equipment, for up to (24) months within an existing and temporary enclosure at an existing gas station at 395 West First Street, Tustin, subject to the conditions contained within Exhibit A attached hereto. Zoning Administrator Action 04-006 Conditional Use Permit 04-009 Page 3 PASSED AND ADOPTED brn the Zoning Administrator of the City of Tustin at a regular meeting held on the 7 h day of June, 2004. Elizabeth A. Binsack ZONING ADMINISTRATOR Eloise Harris RECORDING SECRETARY STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF TUSTIN ) I, ELOISE HARRIS, the undersigned, hereby certify that I am the Recording Secretary of the Zoning Administrator of the City of Tustin, Califomia; that Zoning Administrator Action No. 04-006 passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 7th day of June, 2004. Eloise Harris RECORDING SECRETARY EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 04-009 GENERAL (1) 1.1 The proposed project shall substantially conform with the submitted plans for the project date stamped on June 7, 2004, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development Department in accordance with this Exhibit. (1) 1.2 This approval shall become null and void unless the use is established within twelve (12) months of the date of this Exhibit. Time extensions may be granted if a written request is received by the Community Development Department within thirty (30) days prior to expiration. (1) 1.3 All conditions in this Exhibit shall be complied with prior to issuance of permits, or as specified, subject to review and approval by the Community Development Department. (1) 1.4 Approval at Conditional Use Permit 04-009 is contingent upon the 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 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) 1.5 As a condition of approval of Conditional Use Permit 04-009, 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. (1) (2) (3) (4) ... SOURCE CODES STANDARD CONDITION CEQA MITIGATION UNIFORM BUILDING CODE(S) DESIGN REVIEW EXCEPTIONS (5) (6) (7) RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES PC/CC POLICY Zoning Administrator Action 04-006 Conditional Use Permit 04-009 Exhibit A Page 2 (1) 1.6 Any violation of any of the conditions imposed is subject to the payment of a civil penalty of $100.00 for each violation, or such other amounts as the City Council may establish by ordinance or resolution, and for each day the violation exists, subject to the applicable notice, hearing, and appeal process as established by the City Council ordinance. (1) 1.7 The applicant shall be responsible for costs associated with any necessary code enforcement action, including attorney fees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (*) 1.8 Conditional Use Permit 04-009 may be reviewed annually or more often, if deemed necessary by the Community Development Department, to ensure compatibility with the area and compliance with the conditions contained herein. (*) 1.9 At the completion of the remediation, the proposed shed and equipment shall be removed. USE RESTRICTIONS COMMUNITY DEVELOPMENT DEPARTMENT Planning Division (5) 2.1 Prior to final inspection, the Community Development Department, Building Division shall obtain a decibel reading of the soil remediation equipment to evaluate that the equipment produces no more than 60 decibels of noise in compliance with Tustin City Code Section 4614. If the reading determines that noise thresholds are exceeded, the Community Development Director may require the applicant provide mitigation measures and install sound insulation materials. The applicant shall bear all associated costs. (5) 2.2 Contaminated material may not leave the site except as described in Condition 5.4. All necessary precautions and preventive measures shall be in place to prevent material from being washed away by surface waters or blown by wind. These controls shall be in accordance with AQMD Rule 1166. (5) 2.3 Other than the dispelling of purified groundwater into the storm drain in association with an Encroachment Permit from the Public Works Department, all necessary precautions and preventive measures such as Best Management Practices shall be implemented to prevent Zoning Administrator Action 04-006 Conditional Use Permit 04-009 Exhibit A Page 3 the flow of contaminated water off-site. Contaminated water includes any water from leaking wells or soil laden water from on-site construction activity. (5) 2.4 All groundwater and/or soil remediation equipment and the temporary shed are required to be removed from the site once the soil has been cleaned to the satisfaction of the Orange County Heath Care Agency (OCHCA). The property owner shall provide the Community Development Director with the most current soil remediation status report prepared for OCHCA. The existing building proposed to house some of the remediation equipment shall either be removed or used for on-site storage at the termination of the remediation use. Building Division (3) 3.1 Electrical work shall conform to the 2001 Edition of the California Electrical Code (CEC). (3) 3.2 Plumbing work shall conform to the 2001 California Plumbing Code (CPC). PUBLIC WORKS DEPARTMENT (5) 4.1 During the life of the project, the applicant and/or property owner will be required to repair any damage that the project causes to existing street improvements and/or utilities. (5) 4.2 Prior to any work in the public right-of-way, an Encroachment Permit needs to be obtained and applicable fees paid to the Public Works Department. (*) 4.3 The applicant shall obtain an Encroachment Permit from the Public Works Department prior to the release of purified groundwater into the storm drain and the release shall be in accordance with Discharge Authorization R8-2002-0007-124 issued on January 27, 2004, by the California Regional Water Quality Control Board. Alternatively, the applicant may obtain a waste hauler permit in accordance with Condition 5.4 to remove contaminated groundwater and/or soil from the site. OUTSIDE AGENCIES (*) 5.1 The applicant shall obtain all necessary permits from the South Coast Air Quality Management District (SCAQMD), related to the operation, installation, and monitoring of the subject site and equipment. Zoning Administrator Action 04-006 Conditional Use Permit 04-009 Exhibit A Page 4 (*) 5.2 The applicant shall obtain all necessary permits and approvals, if applicable, from the Orange County Fire Authority and the Orange County Health Care Agency related to the operation, installation, and monitoring of the subject site and equipment. (*) 5.3 The applicant shall obtain all necessary clearances from the State Department of Occupational Safety and Health Administration. (*) 5.4 All contaminated material being transported must be manifested and may only be carried by a waste hauler licensed to transport the material being hauled. A copy of the appropriate waste hauler permit shall be provided to the City prior to transportation of hazardous material off-site. Transportation of contaminated material and hazardous materials shall be in accordance with the regulations of the following agencies: . United States Department of Transportation; . United States Environmental Protection Agency; . California Environmental Protection Agency; and, . California Division of Occupational Safety and Health Administration. FEES (1) 6.1 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 plan check and permit fees to the Community Development Department based on the most current schedule. (2) 6.2 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 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 that 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.