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Home My WebLink AboutCUP 05-043 DATE fa: -ROM jUi3JECT -", APPLICANT: PROPERTY OWNER: LOCATION: ZONING: Inter-Com DECEMBER 18, 2006 ZONING ADMINISTRATOR COMMUNITY DEVELOPMENT DEPARTMENT CONDITIONAL USE PERMIT 05-043 ^' n FREY ENVIRONMENTAL, INC. ATTN: ED RANDS 2817 A LAFAYETTE AVENUE NEWPORT BEACH, CA 92663 MAKENA GREAT AMERICA 1450 EL CAMINO REAL, 2ND FLOOR TUSTIN, CA 92780 14001 NEWPORT AVENUE CENTRAL COMMERCIAL AND COMBINING PARKING DISTRICT (C2P) 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 SOIL AND GROUNDWATER REMEDIATION EQUIPMENT TO REMOVE SUBSURFACE HYDROCARBONS FOR NO LONGER THAN TWO YEARS. REQUEST: RECOMMENDATION That the ZOning Administrator adopt Zoning Administrator Action No. 06-011 approving Conditional Use Permit 05-043 Zoning Administrator Report CUP 05.043 Pags2 BACKGROUND The project is proposed at 14001 Newport Avenue on property improved with a small multi tenant commercial building as identified on the Location Map (Attachmenf A). The property served as a gas station prior to being redeveloped with the existing commercial building. Monitoring wells exist on-site because they were drilled concurrent with or prior to the construction of the existing property improvements in anticipation of future remediation activities. The property is zoned as Central Commercial and Combining Parking District and has a General Plan Planned Community Commercial/Business designation The srte IS confined between EI Camino Real and an extended stay motel to the north, the Interstate 5 Freeway to the south, EI Camino Real to the west, and Newport Avenue to the east. DISCUSSION PUlpose Hydrocarbons exist in the on-site soil and groundwater. The Orange County Health Care Agency has requested that the responsible party remediate the soil and groundwater to prevent the migration of the contamination and to protect human health and the environment, as required by Chapter 6.5 of California Health and Safety Codes and Title 22 of the California Code of Regulations. In accordance with Tustin City Code Section 9270b(d), soil and groundwater remediation activity is allowed with the approval of a conditional use permit. Pursuant to Tustin City Code (TeC) Section 9299(b)(4), the Zoning Administrator can approve conditional use permits for groundwater and soil remediation operations for any length of time. Duration of Use As indicated In the letter submitted with the application, the proposed soil vapor and groundwater extraction equipment would be used for up to two (2) years while the existing on-site commercial uses continue to operate. Proposed Condition 1 8 would allow the applicant to request that the ZOning Administrator extend the use of the remediation equipment if evidence is provided showing that remediation is not yet complete. Zoning AdminiSlrator Rl!lJort CUP 05 043 Page 3 Proposed Process and Operational Configuration The soil and groundwater remediation will operate concurrently. Fuel vapors extracted from the soil will be treated/burned by a thermal oxidizer_ The carbon dioxide byproduct of the process will be monitored under the permit process of the South Coast Air Quality Management District whrch verifies that air pollutant thresholds are not exceeded. Contaminated groundwater wiil be treated with machinery that injects air into the groundwater to increase biodegradation of volatilized petroleum hydrocarbons. Approximately 55 liallons of water are antrcipated to be generated by the remediation process each month. The applicant indicates that the water will be transported and disposed of at an appropriate recycling/disposal facility. Condition 4.5 is recommended to require the applicant to disclose the hauler and disposal site prior to bUlldrng permit issuance. Equipment and operations are proposed to be temporarily localed in a 10 by 20 foot (approximate I enclosure that will replace a landscaped area at the southwest corner 01 the site which is adjacent to and visible from Newport Avenue and an Interstate 5 Freeway on- ramp (Attachment B - Project Plans). Pursuant to recommended Condition 1.9, at the completion of the remediation or expiration 01 the permit, whichever comes first, the existrng enclosure and equipment require removal, and the site must be returned to preexistinliconditions. The submitted site plan shows the enclosure wrth a srx foot high fence but the submitted elevation drawings show an eight foot high chain-link fence with privacy slat inserts covered by a clinging vrne which Will obscure all the equipment except a thermal oxidizer stack which is typically 10.12 feel tall. Condition 2.8 is recommended to reqUire the privacy slats to be green vinyl, to require the project proponent to receive staff approval during pian check for the specific fence vine treatment, and to require that the site and elevation plans submilled at plan check show thai the enclosure fence is no higher than six feet eight inches, the maximum fence height allowed by Tustin City Code Section 9271 i. An access gate will be located on the east elevation 01 the enclosure. Staff recommends Condlllon 3.4 which would require the enclosure access gale to remain closed at all times except for access to inspect and maintain the remediation equipment. Separate electrical and gas lines were placed under the site prior to construction of the commercral center to serve the remediation equipment. City records do not show that a permit exists tor the installed lines but pursuant to recommended standard Condition 2.1, the project proponent would need to obtain abuilding permit for the lines prior to the start of the subject remediation activities. A temporary power pole, electric meter, and gas meter are proposed at the north edge of the property in association with the remediation equipment which wouid require a building permrt and assignment of a separate address by the Public Works Department pursuant to recommended Condition 2.6. Zonlny Aclmlnlslralur Roport CUP 05-043 Page 4 Drilling or boring new wells is not proposed or needed. Fifteen existing on-site wells will be used for the subject remediation activities although others exi st on-site and in the adjacent Newport Avenue right of.way as indicated on the project plans. Noise Staff recommends Condition 2.4 to require the equipment to utilize sound attenuation devices to ensure that the equipment will not produca mora than 60 decibels of noise. If a post-construction staff conducted nOise reading exceeds the threshold, the Community Development Director may require the applicant to provide additional mitigation measures and install sound insulation materials. ANALYSIS Staff recommends that the Zoning Administrator approve the request based upon the followmghndlngs: 1) The proposed remediation equipment is necessary to tacilitate groundwater and soil remediation as required by Chapter 6.5 of California Health and Satety Codes and Tille 22 of the California Code 01 Regulations as administered by the Orange County Health Care Agency. Vapors rernoved will comply with a permit frorn the South Coast Air Quality Management District, and water generated during the process will, as conditioned, be disposed of by a licensed hauler at an appropriate recycling/disposalfacilily. 2) The installation and operation of extraction and treatment equiprnent would be temporary tor a period not to exceed two (2) years and Will be removed, and the site leturned to preexisting conditions upon completion of the remediation process on the site. 3) Removing contaminates from the soil and groundwater would benefit the environment and protect the health. safety, morals, comtort, and general weltare of persons residing or working in the neighborhood and improve the condition 01 the property. 4) The temporary equipment will be adequately housed within an opaque vine- covered enclosure and, as conditioned. will utilize equipment and/or sound attenuation methods to ensure that the project will comply with the noise ordinance The Community Development Director could require Ihe applicant to install additional sound insulation materials after the initiation of the remediation use,ifneeded. Zomng Administrator Report CUP 05-043 Page5 5\ The location of the eljuipment would allow existing on-site commercial uses to remain in business during the use oflhe remediation equipment. , '__I Ci'mdOrtlieb ~- AssocialePlanner -r Attachments: A LocalionMap B - Submitted Plans C - Zoning Administrator Action No 06-011 S.\CcldlZAREPORTI200SICUP05 043.doc ATTACHMENT A LOCATION MAP , , " " i .I \ ~'j" ' , , " If" / / /-"'" ,'" v' ".-r" ". '"/ "',,/'- , "., ..," , '-',- ~ ~ ',-". "'" ':". "" __ '1y.~'t\ ",,,~ \.lJ:.,'''', J~:,.. ." '; '.' !'c;:..' < ~ "0, 'j"" ).." t~ ,,1~J,..-t_ ' ;> .'...e., "'''./"',:0.. TUSTIN "IT - '""""" __,_M"~, 1-___ ATTACHMENTB SUBMITTED PLA0lS . ~. ., ., , :;! !~ ~ , .' ,~z. " '.j ~ ~~ B ., :"t'i; , , "." ~ . ~ ~ ~ " " :u ~.~: , " , . " I", ,';' ~ &"i ' , , ,. , , ''", , !"< , , ,'~ '- " , ,..,' '," ! ~ ~~.. . , . "" ';'-i"" ~ o-u.~ . , "" = ~"' , ^' , .. . , ",' ~ .., ",'~ c' . , , , , . 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" Please rete, to '~eri~1 D~tall Plan R~med'at,o~ Sy'temEnclo"Jf~'for'oditional'nlo'marion , , , , :,., '< ; -, I c " o ' ,"::.f , jl{ :jC c~l , , , , i" ,.,- '~~ Notes REMEDIATION SYSTEM -ENCLOSURE " " ....jj;- "-. -.;\ -, ;;. 'a:: .y,..':~,,">t4'1or.. "{;. , 'I':~ ,,_ .,".i 'i.. ..-'~ '!' ~ '~'..~ ~ "-,' '-, ~'l'1; Jf :~ '. ," ~; '_;~"T1~) ':..., .~. ~.., ."-';.' '4. ~ 4'f"-'J;..;P:';"-""'~.<r ~~ .~.. 'y ',I , "~, \."< Y ':',\ '." ," ~ ~.,f- , '~''l, '4~' '". ~;. I , e, "-, , \ < '.L.. 1" , " , '*1' l' , " ~ .. .1',1 "'"'-.' ~~ ".,:. " . ",. 't '," ELEVATION ~I , . \ \ \ I \ \ -~ \. . -~.." ~--\ > gl.,' , f { I ..,"J IvyorPasslo~ Vine 6"x4'lnO<thandW<lSlsrde,)Annual ,~ PLAN View From Nortn LANDSCAPE SCREENING PLAN REMEDIATION SYSTEM ENCLOSURE o '_--;",,0 ~ '__ -~t;,i" r , " =9E'r ~ ',-',-': '. -,- ~- ',: :.-UP05----043 SITE I>HUTO~ ViewtuWest I St~p-B:I<;k View of Enclosure Lucation) . ~-" fR' . ,-,. .~ '-_.>r~ Vi_'Wl" ,Vest iL'.cati,m"ftnclllSllfe) CUP05-V4J SITE PHOTOS (cont) ,..,. .~ ....~... >".. .',' . , f~ '--, . -'; ;e..,!:;;' VewtoSouth (LocatulnofEnclnsurc) > . .~ '" ~ ~. i>: ", -~1J , , ~ ViewtoS"ulhwe't iSlep-Ua~k \'kw orEncl(}sur~ j "~alwni ~lIP 0;;-043 SITE PHOTOS (cont) ;' ,;I IShowmg1\ VI~" to S~Ulh e" Parkln~ L t _ 0 and BulldingJ ." .':'t'A-'-' 1;'~. "_\0>-1 , j , , '" )"I.;,,, ''''h Viewt~~' ,., OWIn N ",~"rth ~: ew P'lrkino [ " otandH'" tHomgl CUP'Lo-"(]4} ATTACHi\IENT C ZONI1'iG ADMINISTRATOR ACTION 06-011 ZONING ADMINISTRATOR ACTION 06-011 CONDITIONAL USE PERMIT 05-043 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 05-043 was filed by Frey Environmental, Inc., on behalf of Makena Great America, requesting authorization to temporarily operate soil vapor and groundwater extraction equipment to remove subsoil hydrocarbons at 14001 Newport Avenue. B. In accordance with Tustin City Code Section 9270b(d). soil remediation activities are allowed in any zoning district with an approved conditional use permit. The project is consistent with the Community Commercial land use designation of the City of Tustm General Plan because the remediation activity is consistent with the goal of revitalizing commercial property through soil and groundwater remediation activities at a contaminated site. In accordance with Tustin City Code (TCC) Section 9299(bj(4), the Zoning Administrator can approve conditional use permits for 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 which shall occur via the permit the project proponent shall maintain with the South Coast Air Quality Management District C. That the establishment, maintenance, and operation of the use applied for will not, under the circumstances ot this case, be detrimental to the health, satety, 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 remediation equipment is necessary to facilitate groundwater and sOil remediation as required by Chapter 6.5 of California Health and Safety Codes and Title 22 of the California Code of Regulations as administered by the Orange County Health Care Agency. Vapors removed wiil comply with a permit from the SCAQMD, and water generated during the process will, as conditioned be disposed of by a licensed hauler at an appropriate recycling/disposalfaciiily. Zoning Administrator Action 06-011 Conditional Use Permit 05 043 Page 2 2) The installatIOn and operation of extraction and treatment equipment would be temporary for a period not to exceed tvvo (2) years and will be removed and the site returned to preexisting conditions upon completion 01 the remediation process on the site. 3) Removing contaminates Irom the soil and groundwater would benefit human health and the environment and protect the health, safety, morals, comfort, and general welfare of persons residing or working in the neighborhood and improve the condition otthe property, 4) The temporary equipment will be adequately housed within an opaque vine-covered enclosure and, as conditioned, will utilize equipment and/or sound attenuation methods to ensure that the project wiil comply with the noise ordinance. The Community Development Director could require the applicant to install additionai sound insulation materials after the inillation of the remediation use, jf needed. 5) The location 01 the equipment wouid aliow existing on-site commercial uses to remain in business during the use 01 the remediation equipment. D. This project is categorically exempt pursuant to Section 15330, Articie 19, Class 30 at Title 14, Chapter 3 of the Caiifornia Code of Regulations (Guidelines for the California Environmental Quality Act). E. That a public hearing was duly called, noticed, and heid on said application on December 18, 2006, by the Zoning Administrator. II. The Zoning Administrator hereby approves Conditional Use Permit 05-043 authorizing the operation of temporary soil remediation equipment within a temporary enclosure at 14001 Newport Avenue, subject to the conditions contained within Exhibit A attached hereto. PASSED AND ADOPTED by the Zoning Administrator ot the City of Tustin at a regular meeting held on the 18th day 01 December, 2006. DanaOgdon ACTING ZONING ADMINISTRATOR Eloise Harris RECORDING SECRETARY ZoninyAdministratorActlon06-011 Conditional Use Permit 05-043 Page 3 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, California: that Zoning Administrator Action 06-011 was passed and adopted at a regular meeting of the Tustin Zoning Administrator, held on the 18th day of December, 2006. Eloise Hanis RECORDING SECRETARY EXHIBIT A CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT 05-043 GENERAL (1) 1.1 The proposed project shall substantiallycontorm with the submitted plans lor the project date stamped November 27, 2006, on file with the Community Development Department, as herein modified, or as modified by the Director of Community Development 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 of Conditional Use Permit 05-043 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 Pennit 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 applOval of Conditional Use Permit OS-D43, 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 01 the City Council, the Planning Commission, or anyolherdecision-making body, including stafl,concerning this project. The City agrees to promptly notify the applicant of any such claim or action filed against the City and to fully cooperate in the defense of any such action. The City may, at ItS sole cost and expense, elect to participate in defense of any such action under this condition. SOURCE CODES (1) STANDARD CONDITION (2) CEQA MITIGATION (3) UNIFORM BUILDING CODEtS (4) DESIGN REVIEW (5) (6) '" ... RESPONSIBLE AGENCY REQUIREMENTS LANDSCAPING GUIDELINES pcrcc POLICY EXCEPTIONS ZumngAdmlnlslrator Actiun 06.011 Conditional Use PermitO~ 043 Exh,bltA Pa~e 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 Chy 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 atlomeyfees, subject to the applicable notice, hearing, and appeal process as established by the City Council by ordinance. (5) 1.8 Conditional Use Permit 05-043 is valid for two (2) years, until December 18, 2008. The applicant may request that the Community Development Director extend the permit expiration riate il remediation activities are shown to require longer than anticipated. (''') 1.9 At the completion of the remediation, of the remediation or expiration of the permit, whichever comes first. the exisling enclosure and eqUipment require removal and the site must be returned to preexisting conditions. (***) 1.10 The project proponent is responsible for continuous monrtonng 01 the condition of the equipment el"lclosure and must make repairs whenever damage, deterioration, vandalism, or debris accumulation is apparent or within two (2) days upon notification from the City that such repairs are required. Theproject proponent shall ensure thai rspair(s) to the equipment enclosu rearecompleted so that all componel"ltslhersofars uniform in color and material. PLAN SUBMlTIAL (1) 2.1 A building permit is required for the soil remediation equipment and associated gas and electrical lil"le5, 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 (CPG), 2001 California Electrrcai Code (CEC), California Tille 24 AcceSSibility Regulations, Title 24 Energy Regulations, City Ordinances, and State and Federal laws and regulations. Building plan check submittal shall Include the following: . Seven (7) sets of construction plans, including mechanical, plumbing and electrical drawings. . Structural calculations, two (2) copies (when applicable) Zoning Administrator Action 06-0" Conditional Use Permit 05-043 Exhibit A P~ga 3 . Note on plans that no lield changes shall be made without prior approval from the Building Official and architect or engineer of record. (5) 2_2 II the Building and Safety Division estimates thaI the project will have a valuation of $50,000 or greatel. the applicant shall submit for approval by the City 01 Tustin, Construction & Demolition (C&D) debris collection, disposal, and diversion inlormation onthe city prescnbed form. (5) 2_3 Prior to fmal Inspection, the Community Development Department shall obtain a decibel leading 01 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 to provide mitigation measures and install sound insulation materials. The applicant shall bear all associated costs. (5) 2.4 During the life 01 the project, the project proponent will be required to repair any damage that the project causes to existing street improvements and/or utilities. (5) 2_5 Prior to issuance of a temporary power pole permit, the project proponent shall obtain a new address for the electrical meter from the City 01 Tustin Public Works Engineering Division. (5) 2.6 II applicable, prior to any work in the public right-aI-way an Encroachment Permit from the City of Tustin Public Works Engineering Division is required. ("') 2.7 The plans submitted into plan check must show that the enclosure lence will not exceed six (6) feet eight (8) inches in height and that the privacy slats to be inserted into the fence will consist of green vinyl material. The plans submitted into plan check must identify the botanical name of the vine treatment for the fence and the selected vine shall be subject to staff approval. USE RESTRICTIDNS (5) 3.1 Contaminated material may not leave the site except as described in Condition 4.5. All necessary precautions and preventive measures shall be in place to prevent contaminated material from being washed away by sur1ace waters or blown by wind. These controls shall be In accordance with Air Quality Management District Rule 1166, (5) 3.2 No outdoor storage shall be permitted except as approved by the Tustin Community Development Director Zoning Administrator Act,on 06 011 Conditiunal Use PermLt05 043 Exl1ibitA Page 4 (5) 3.3 Upon completion of site remediation, all soil vapor extraction, groundwater extraction, and monitoring wells must be terminated in a manner acceptable to the satisfacllon of the South Coast Air Quality Management District and the Orange County Heailh Care Agency. (".) 3.4 The enclosure access gate is to remain closed at all times except for access to InSpect and maintain the remediation equipment. OUTSIDE AGENCIES (5) 4.1 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. (5) 4.2 The applicant shall obtain all necessary permits from the Orange County Sanitation District prior to disposal of purified groundwater into the sanitary sewer system. (5) 4.3 Prior to the Issuance of a building permit. the project proponent shall submit plans to the Orange County Fire Authority (OCFA) for review and approval of the remediation system. As part of the approval process, the project proponent shall comply With the OCFA "Guidelines for Completing Chemical Classification Packets" which is available on the OCFA website. (5) 4.4 The applicant shaH obtain all necessary clearances from the State Department of Occupational Safety and Health Administration. (5) 4.5 All wastewater and contaminated material being transported must be manifested and may only be carried by a waste hauier licensed to transport the material being hauled. A copy of the appropriate waste hauler permit shall be provided to building permit issuance. Transportation of contaminated material and hazardous matenals 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. The wastewater disposal site must also be disclosed to the Community Development Department prior to building permit issuance. FEES (I) 6.1 Pflor to issuance of any building permits, payment shall be made 01 all Zoning AdmmistralorAction 06.011 CondtllOnal Use Permit 05.043 E~hibit A Page 4 (5) 3.3 Upon completion of site remediation, all soil vapor extraction. groundwater extraction, and monitoring wells must be terminated in a manner acceptable to the satis/action of the South Coast Air Quality Management District and the Orange County Health Care Agency. (***) 3.4 The enclosure access gate IS to remain closed atall times except for access to inspect and maintain the remediation equlpmenl. OUTSIDE AGENCIES (5) 4.1 The appiicant shall obtain all necessary permits from the South Coast Air Quality Management District (SCAQMD) related to the operation, installation,andmonitoringolthesubjectsileandequipment. (5) 4.2 The applicant shall obtain all necessary permits from the Orange County Sanitation District prior to disposal of purified groundwater mto the sanitary sewer system. (5) 4.3 Prior to the issuance of a building permit, the project proponen t shall sllbmit plans to the Orange County Fire Authonty {OCFA) for review and approval of the remediation system. As part of the approvai process, the project proponent shall comply with the OCFA "Guidelines for Completing Chemical Classification Packets" which is available on the OCFA webslte. (5) 4.4 The applicant Shall obtain all necessary clearances from the State Department of Occupational Safety and Health Administration. (5) 4.5 All wastewater and 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 building permit issuance. Transportation of contaminated material and hazardous matenals shall be m accordance with the regulations of the following agencies: . United States Department of Transportation: . United States Environmental Protection Agency: . Calffornia Environmental Protection Agency; and. . Calrfornia Division of Occupational Safety and Health Administration. The wastewater disposal site must also be disclosed to the Community Development Department prior to building permit issuance. Zoning Administratc>rActJon 06-011 Conditional Use PermIt OS 043 Exhibit A PageS 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 mas! current schedule and; b. Orange County Fire Authority Fees. (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 payabie 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 penod 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,