Resolution No. 6178 148
RESOLUTION NO. 6178
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS
APPROVING CONDITIONAL USE PERMIT NO. 2010-01 —
WITH CONDITIONS.
WHEREAS, an application was filed for a Conditional Use Permit in accordance
with the provisions of Section 4.19.070 of the Zoning Ordinance of the City of Cypress for
the construction of thirteen (13) condominium units on the properties located at 8722 and
8732 Belmont Street, within the RM-20 Residential Multiple-Family Zone; and
WHEREAS, the City Council, after proper notice thereof, duly held a public hearing
on said application as provided by law. At the public hearing held on February 8, 2010,
the City Council considered the staff report and all information, testimony, evidence and
written comments presented during the public review periods and at the public hearings.
NOW, THEREFORE, the CITY COUNCIL of the CITY of CYPRESS,
CALIFORNIA, does hereby FIND, RESOLVE, DETERMINE, and ORDER, based upon
substantial evidence taken from the administrative record and at the public hearing, AS
FOLLOWS:
a. The proposed location of the Conditional Use is in accord with the
objectives of the Zoning Ordinance and the purpose and intent of the RM-20
Residential Multiple-Family Zone in which the site is located, which is:
"Intended to provide areas for the development of apartments,
condominiums, townhouses, or other group dwellings with provisions for
adequate air, landscaped areas, light, and open space with a maximum
density of twenty (20) dwelling units per gross acre."
b. The proposed location of the conditional use and the conditions under
which it would be operated or maintained will not be detrimental to the public
health, safety or welfare, or be materially injurious to properties or improvements in
the vicinity in that:
(1) The condominium development project, as proposed, would
be consistent with the goals and policies of the City of Cypress General
Plan for the High Density Residential (15.1-20.0 du/ac) land use designation
in which it is located.
(2) There is sufficient infrastructure and public services to
accommodate the proposed residential development within the project
vicinity.
(3) As conditioned, the proposed condominium development
project would not result in any significant effects relating to traffic, noise, air
quality, or water quality.
(4) In accordance with the California Environmental Quality Act
(CEQA) Guidelines, the proposed condominium development project would
consist of an in-fill development on a project site which: contains less than
five (5) acres; is substantially surrounded by urban uses; contains no
habitat for endangered or rare species; and meets the criteria listed in items
3.b.1-4 in this resolution. Therefore, the proposed project would be exempt
from the provisions of CEQA pursuant to Section 15332 of said Guidelines
and a Categorical Exemption, Class 32, would be filed upon approval.
c. The proposed conditional use will comply with each of the applicable
provisions of the Zoning Ordinance.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the
City of Cypress does hereby approve Conditional Use Permit No. 2010-01, subject to the
conditions attached hereto as Exhibit "A".
149
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 8th day of February, 2010.
I cv∎ovi
MAYOR OF THE CITY OF CYPRESS
ATTEST:
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CITY CLERK OF THE CITY OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, DENISE BASHAM, City Clerk of the City of Cypress, DO HEREBY CERTIFY
that the foregoing Resolution was duly adopted at a regular meeting of the said City
Council held on the 8th day of February, 2010, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Bailey, and Narain
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
CITY CLERK OF THE CITY OF CYPRESS
150
EXHIBIT "A"
CONDITIONAL USE PERMIT NO.2010-01 AND TENTATIVE TRACT MAP NO. 17334
8722 and 8732 Belmont Street
CONDITIONS OF APPROVAL
Note:
Regular text denotes standard conditions of approval. "- .
Bolded conditions represent those specific to this project.
GENERAL CONDITIONS
1. Unless and until the project applicant and property owner sign and return a City-provided
affidavit accepting these conditions of approval, there shall be no entitlement of the
application. The project applicant and property owner shall have fifteen (15) calendar days
to return the signed affidavit to the Community Development Department. Failure to do so
will render City Council action on the application void.
2. The developer shall defend, indemnify, and hold harmless, the City and any agency thereof,
or any of its agents, officers, and employees from any and all claims, actions, or proceedings
against the City or any agency thereof, or any of its agents, officers or employees, to attack,
set aside, void or annul, an approval of the City, or any agency thereof, advisory agency,
appeal board, or legislative body, including actions approved by the voters of the City,
concerning the project, which action is brought within the time period provided in
Government Code Section 66499.37 and Public Resources Code, Division 13, CH. 4 (§
21000 et se q. - including but not by way of limitation § 21152 and 21167). City shall
promptly notify the developer of any claim, action, or proceeding brought within this time
period.
3. The developer's contractor shall provide the City with a Certificate of Insurance on City
form evidencing a comprehensive liability insurance policy with a combined single limit of
not less than $500,000 each occurrence in connection with the work performed. Certificate
shall include the City, its Council, officers, members of boards or commissions and
employees as additional Named Insureds with respect to all claims, actions, damages,
liabilities and expenses, including attorney's fees, arising out of or in connection with the
work to be performed under the development executed by the Named Insured and City,
including any act or omission of employees, agents, subcontractors, or their employees.
Such certificate shall have a thirty(30)day cancellation notice to the City of Cypress.
4. The applicant/developer shall comply with all provisions of the Code of the City of Cypress.
5. All requirements of the Orange County Fire Marshal's Office shall be complied with prior to
a Certificate of Occupancy being issued.
6. All applicable conditions of Conditional Use Permit No. 2010-01 and Tentative Tract Map
No. 17334 shall be complied with prior to occupancy of the subject buildings.
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Exhibit "A" Page 2
Conditional Use Permit No. 2010-01 and Tentative Tract Map No. 17334
Conditions of Approval
7. Within forty-eight (48) hours of the approval of this project, the applicant/developer shall
deliver to the Community Development Department a check payable to the County Clerk-
Recorder in the amount of Fifty Dollars ($50.00) County administrative fee, to enable the
City to file the Notice of Exemption pursuant to Fish and Game Code §711.4 and California
Code of Regulations,Title 14, section 753.5. If, within such forty-eight (48) hour period, the
applicant/developer has not delivered to the Community Development Department the
check required above,the approval for the project granted herein shall be void.
8. Any and all correction notice(s) generated through the plan check and/or inspection
process is/are hereby incorporated by reference as conditions of approval and shall be
fully complied with by the owner, applicant and all agents thereof.
ENGINEERING CONDITIONS
9. All requirements of the State Subdivision Map Act and the City's Subdivision Ordinance
shall be satisfied. A Tract Map shall be recorded prior to issuance of Building Department
Permits. A copy of the recorded Tract Map shall be submitted to the Engineering Division
prior to the issuance of the first building permit.
10. Drainage shall be solved to the satisfaction of the City Engineer. A grading plan, in ink on
Mylar, signed by a registered California civil engineer and using actual grades from an
Orange County Surveyor's Benchmark shall be submitted for approval. A topography of the
area surrounding this development shall be made to establish existing drainage flow
patterns. If the existing natural flow of any adjoining parcel is across the land of this
development, a drainage easement shall be granted and drainage facilities provided for that
property to the satisfaction of the City Engineer. All on-site drainage conveyed to the street
shall be by means of an under-sidewalk drain. On-site landscape areas shall have a slope
gradient of one percent (1%) minimum in landscape areas. In parking areas, AC shall have
a minimum slope gradient of one and one-half percent (1.5%) or as approved by the City
Engineer and concrete shall have a minimum slope gradient of two-tenths percent. (.2%).
11. Where an existing block wall is removed, the Developer shall provide suitable temporary
fencing for all adjacent properties during construction of the perimeter walls. A retaining
wall per City standards shall be constructed at the property line where the finish grade
difference is greater than twelve inches (12"). A six-inch (6") concrete curb shall be
constructed per City standards to protect all block walls and structures exposed to vehicular
traffic. A single block wall (minimum six feet(6')in height and measured from the side
with the highest grade) shall be provided along the north and east property lines. In
the event an adjacent property owner does not grant permission to remove an existing fence
or wall, the developer shall obtain and submit to the City, a written denial of the adjacent
property owner, or other evidence that demonstrates that the developer used best efforts but
was unable to obtain the adjacent owners consent to remove the existing wall. If a new wall
is to be constructed adjacent to an existing block wall, a maximum separation of one inch
(1") shall occur between the existing and the newly constructed wall. The one inch (1")
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Exhibit"A" Page 3
Conditional Use Permit No. 2010-01 and Tentative Tract Map No. 17334
Conditions of Approval
separation shall be filled with foam or similar sealing material subject to approval by the
City. Vertical grade separation shall not exceed two feet (2') between two adjacent
properties.
12. The developer shall provide adequate "No Parking" controls within the development and
appropriate "No Parking - Fire Lane" signs shall be installed as required per the California
Vehicle Code Section 22658, to the satisfaction of the Building Official and County Fire
Marshal.
13. Disabled access facilities shall be installed in accordance with the requirements of the
Federal Americans with Disabilities Act(ADA) and State of California Title 24.
14. Installation of Cable T.V. shall be subject to the City Ordinance No. 726. Prior to
construction, the developer shall contact Time Warner (Phone: [888] 892-2253) for
specifications and procedures for pre-wire of the building and installation of the service
wiring. Necessary permits shall be obtained at the City.
15. All existing public improvements at the development site which are damaged due to
construction, cracked, or otherwise below standard, shall be removed and replaced to the
satisfaction of the City Engineer.
16. Merten Avenue and Belmont Street shall be fully improved with drive closure, drive
approach, street lights, etc., in accordance with the City's Code requirement of Streets.
17. The quantity, location, width, and type of driveways shall be subject to the approval of the
City Engineer. An effective sight distance for vehicular traffic shall be maintained at the
intersection of the driveway entrances with Merten Avenue. No landscaping in excess of
three feet (3') high will be allowed in the area of the curb returns. Adequate sight distance
also shall be maintained within the development at all driveway intersections to the
satisfaction of the City Engineer.
18. All utility services shall be underground. Trenching and backfill in streets shall be per City
of Cypress Standard No. 109. Arterials shall be crossed by boring only. In City streets
lateral open cuts spaced within twenty feet (20') of each other shall be covered with a one
inch (1")continuous A.C. cap.
19. Street trees (24 inch box) shall be installed in conformance with Sections 27.19 and 25.29.E
of Municipal Code. The number of trees shall be determined by dividing the frontage of
property, including driveways, by 40 and rounding up. Trees shall be evenly spaced with a
minimum 50 feet from street tree to street corner curb line. Type of trees shall conform to
the City's Street Tree Master Plan. With prior approval of City Engineer, street trees may be
replaced by trees planted in conjunction with an approved on-site landscape plan.
Landscaping in Public Right-of-Way shall be installed and maintained by the developer.
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Exhibit"A" Page 4
Conditional Use Permit No. 2010-01 and Tentative Tract Map No. 17334
Conditions of Approval
20. A sewer plan shall be submitted for approval by the City Engineer. Unused sewer laterals
connected to existing buildings at the property shall be plugged at the property line.
21. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• Final Subdivision Map Check.
• Public Improvement Plan Check.
• Public Improvement Permit and Inspection.
• Grading/On-Site (Non-Structural)Plan Check.
• Grading Permit and Inspection.
• Park and Recreation.
• Drainage Fee for Master Drainage Plan.
• City-wide Traffic Improvement.
• Regional Traffic Improvement.
• Sanitary Sewer Connection (Per Orange County Sanitation District, OCSD-09).
22. All Public Improvements shall be per City of Cypress Standard Plans. All Grading plans,
Street improvement plans, Sewer and Storm Drain plans shall be in ink on 24" x 36"
Mylar with City title block on all sheets.
23. The applicant/developer shall agree to reimburse the City of Cypress for the costs of
installing any offsite traffic control devices recommended by the Cypress Traffic
Commission.
STORMWATER QUALITY
24. Developer/Property owner shall submit a Water Quality Management Plan (WQMP),
which identifies construction and post construction Best Management Practices (BMP's),
to the Engineering Division for review and approval. The project shall also incorporate
measures as specified in the County of Orange Drainage Area Management Plan
(DAMP) to help control runoff. Examples of BMP's and control measures are included
in the California Storm Water Best Management Practices Handbook,
Industrial/Commercial and Construction Activity, the County of Orange Drainage Area
Management Plan, and Cypress Local Implementation Plan.
25. Prior to issuance of permits, a certified copy of the final WQMP, along with the approved
grading plan, and all other supporting documentation, shall be submitted in electronic
format on a CD.
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•
154
Exhibit"A" Page 5
Conditional Use Permit No. 2010-01 and Tentative Tract Map No. 17334
Conditions of Approval
26. Prior to issuance of Certificate of Occupancy, Developer shall clean the storm drain system,
catch basins, filters, storm drain lines, inlet boxes, etc. If clean-up is not performed, the City
may make arrangements to clean the system at developer's expense.
COMMUNITY DEVELOPMENT CONDITIONS
27. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Community Development Department.
28. Any expansion or modification of the approved use beyond what is approved as part of
Conditional Use Permit No. 2010-01 will require an amendment to the conditional use
permit.
29. The developer shall provide mailbox facilities for each residence, to the satisfaction of the
Public Works Director,Director of Community Development, and Postmaster.
30. This conditional use permit may be modified or revoked by the City Council should the
Council determine that the proposed use or conditions under which it is being operated or
maintained is detrimental to the public health, safety, or welfare, or materially injurious to
properties or improvements in the vicinity.
31. Architectural elevations and site plans shall be reviewed and approved by the Community
Development Department prior to the issuance of building permits.
32. All architectural treatments shall be constructed as illustrated on plans and renderings
submitted. The final exterior color scheme shall be submitted to City staff for review and
approval prior to actually painting the structure.
33. On-site security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic.
34. No roof mounted equipment, such as heating and air conditioning units, shall be permitted.
The placement of air conditioning and heating units shall comply with the City's
requirements for installation of mechanical equipment. The final location of the mechanical
equipment shall be shown on the site plan and approved by the Community Development
Department prior to the issuance of building permits.
35. Prior to the submittal of the Master Fire Plan, the applicant/developer shall obtain
approval of the location of the Fire Department double-check valve from the Cypress
Planning Division.
36. A detailed landscape and automatic irrigation plan shall be submitted to the Community
Development Department for review and approval at least sixty (60) days prior to issuance
of a Certificate of Occupancy. In addition, a bond shall be posted with the Public Works
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Exhibit "A" Page 6
Conditional Use Permit No. 2010-01 and Tentative Tract Map No. 17334
Conditions of Approval
Department to guarantee against defects in plant materials and workmanship for a period of
one (1) year from acceptance of the landscape installation. All required landscaping shall be
permanently maintained in a neat and orderly condition.
37. The landscape and irrigation plans shall comply with the City's water efficiency
ordinance as well as the water efficient requirements of the Cypress Zoning Code.
38. Unless otherwise specified, all required trees shall be a minimum 15-gallon in size and of a
variety approved by the Director of Community Development.
39. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order so
as to cover all landscaped areas.
40. Landscaping within the common areas, not enclosed within a private yard fence, shall
be maintained in good condition by the homeowners association.
41. All walls, fences and trash enclosures shall be maintained free of significant surface cracks,
dry rot, warping, missing panels or blocks, which threaten the structure's structural integrity
or graffiti which threatens the appearance.
42. Parking lot surfaces and pedestrian walkways shall be maintained in a safe condition such
that any concrete, asphalt, or other driving or walking surfaces are free of potholes, buckled
or cracked surfaces, or raised areas.
43. The property shall be maintained free of the accumulation of trash and debris. Trash and
debris associated with the permitted uses are to be stored solely in designated trash
enclosures.
44. Exterior building elevations shall be maintained in a safe appearance such that the buildings
are free of broken,missing or significantly cracked surface finished materials.
45. If the second story windows create a privacy problem for adjacent property owners,
measures shall be taken to resolve the problem. These mitigation measures shall be subject
to Design Review and may consist of, but not be limited to, requirements for additional
perimeter landscaping and/or window coverings as determined appropriate by the Design
Review Committee. The location, size, and species of any required view screen trees
shall be subject to review and approval by the Community Development Department.
46. Should substantiated complaints be received, this conditional use permit, including the
conditions of approval, may be modified and/or revoked, subject to a public hearing.
47. Grading and exterior building construction activities shall be limited to the hours of between
7:00 a.m. and 8:00 p.m. Monday through Friday, and between 9:00 a.m. and 8:00 p.m. on
Saturday, if the City's noise standards are exceeded. Interior building construction and
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Exhibit "A" Page 7
Conditional Use Permit No. 2010-01 and Tentative Tract Map No. 17334
Conditions of Approval
tenant improvements shall be limited to the hours between 7:00 a.m. and 8:00 p.m. Monday
through Saturday, only if the City's noise standards are exceeded. No construction activity
shall be allowed on Sundays or federal holidays. In addition, construction equipment shall
be equipped with effective muffling devices. Compliance with this measure is subject to
field inspection by City staff.
48. Mechanical devices associated with the cleaning and maintenance of real property may be
used within any zone between the hours of 7:00 a.m. and 8:00 p.m. on weekdays and
between the hours of 8:00 a.m. and 8:00 p.m. on weekends and federal holidays. Such
devices include but are not limited to stationary or mobile pumps, fans, compressors,
generators, blowers, and sweepers. The use of such devices for such purposes is prohibited
at all other times.
49. Two (2) copies of the CC&R's covering the condominium development shall be submitted
to the City staff(prior to recordation) for internal review, recommendation, and approval to
assure the continuous maintenance applicability and enforceability of the CC&R's so that
the development will not become a liability to the City at a later date. The CC&R's shall
assign responsibility to the homeowners association for the maintenance of the common
area, including driveways, parking lots, and landscaping (including the public parkway
along Crescent Avenue adjacent to the condominium project property).
50. A copy of the Condominium Plan for this project shall be submitted to the City staff
for review and approval prior to recordation.
51. The condominium development shall maintain individual trash cans for each unit
on-site (one for regular garbage and one for recyclables). The CC&R's for this "}
condominium development shall include provisions restricting the locations of the
trash cans to the interior of the garage,except the evening prior to and the day of trash
pick-up service for the neighborhood. Construction bins must be maintained on-site.
Individual Trash cans and bin rental shall be contracted through Consolidated
Disposal Services.
52. The roof materials shall consist of concrete tile with the color subject to approval by
the Cypress Planning Division.
53. All interior fences dividing the private yard areas (not located within the front setback
area) shall be a minimum of six feet (6') tall, measured from the highest adjacent
grade,and constructed of masonry block material.
54. The project driveway shall consist of concrete and include a decorative pattern of
stamped, colored concrete, or similar decorative material, subject to approval by the
Community Development Department.
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Exhibit "A" Page 8
Conditional Use Permit No. 2010-01 and Tentative Tract Map No. 17334
Conditions of Approval
55. The CC&R's for the project shall include a section requiring that the garage parking
spaces shall be maintained open and available at all times for the parking of two (2)
vehicles.
56. Open parking spaces shall remain unassigned. Guest parking spaces shall not be used for
long-term parking. Restrictions for guest parking spaces shall be included in the CC&R's
for the project.
BUILDING CONDITIONS
57. Applicant/developer shall obtain the required permits and comply with applicable provisions
of the 2007 California Building, Plumbing, Electrical, and Mechanical Codes, the 2007
California Administrative Code,Title 24, and the Code of the City of Cypress.
58. An automatic fire sprinkler system, approved by the Fire Marshal, is required.
59. Type 5 cement shall be used for all foundations and slabs on grade.
60. All slabs on grade (including M-1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
61. A soil investigation report shall be submitted with the plans for plan check. Report shall
include soil bearing capacity, seismic study, in compliance with the Seismic Hazard
Mapping Act of the State of California, grading, paving, sulfate test and other pertinent
information under good engineering practice.
62. Construction bins for non-recyclable and recyclable materials generated from any
construction site (residential and non-residential) must be placed "on-site" out of the public
right-of-way unless a permit is obtained from the Public Works Department.
63. Prior to final certificate of occupancy, as required by California State Health and Safety
Code, Section 19850, the applicant shall submit to the Cypress Building Division, 35mm
microfilm copies of the approved plans on standard aperture cards, to serve as the official
file copy of the approved building plans. In lieu of microfilm, the applicant can provide
plans on CD rom with the software format approved by the building official.
64. Building plans shall be stamped by a licensed engineer.
65. A pre-grading SWPPP's inspection is required prior to grading permit issuance. All
required grading stormwater BMP's shall be installed and inspected by the building division
prior to release of the grading permit.
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Exhibit"A" Page 9
Conditional Use Permit No. 2010-01 and Tentative Tract Map No. 17334
Conditions of Approval
66. The locations of all proposed utilities ie: electric meters, gas, telephone, etc., shall be
indicated on the site plan. In addition, the location of the fire department double check
valve shall be shown on the site plan and master fire plan.
FIRE AUTHORITY CONDITIONS
67. Prior to the issuance of any building permits, the applicant shall obtain approval of the Fire
Chief for all fire protection access roads to within 150 feet of all portions of the exterior of
every structure on site. The plan shall indicate the location of the nearest fire hydrant to the
property line. The applicant may contact the OCFA at (714) 573-6100 or visit the OCFA
website to obtain a copy of the"Guidelines for Emergency Access."
68. Prior to the issuance of any building permits, the applicant shall submit a fire hydrant
location plan to the Fire Chief for review and approval.
69. Prior to the issuance of a building permit for combustible construction, the builder shall
submit a letter on company letterhead (black lines onto fire master plan) stating that water
for fire-fighting purposes and all-weather fire protection access roads shall be in place and
operational before any combustible material is placed on site. Building permits will not be
issued without OCFA approval obtained as a result of an on-site inspection. Please contact
the OCFA at (714) 573-6100 to obtain a copy of the standard combustible construction
letter.
70. Prior to the issuance of any building permits, the applicant shall submit plans and obtain
approval from the Fire Chief for fire lanes on required fire access roads less than 36 feet
in width. 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. The applicant may contact the OCFA at (714) 573-6100 or
visit the OCFA website to obtain a copy of the "Guidelines for Emergency Access
Roadways and Fire Lane Requirements."
71. Prior to the issuance of any certificate of occupancy, the fire lanes shall be installed in
accordance with the approved fire master plan. The CC&R's or other approved documents
shall contain a fire lane map, provisions prohibiting parking in the fire lanes and a method of
enforcement.
72. 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 shall be signed by the applicable water district and submitted to the Fire
Chief for approval.
73. Prior to the issuance of a building permit, the applicant shall submit plans for the required
automatic fire sprinkler system in all structures to the Fire Chief for review and approval.
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Exhibit "A" Page 10
Conditional Use Permit No. 2010-01 and Tentative Tract Map No. 17334
Conditions of Approval
Please contact the OCFA at (714) 573-6100 to request a copy of the "Orange County Fire
Authority Notes for New NFPA 13 Commercial Sprinkler Systems."
74. Prior to the issuance of a certificate of occupancy, the fire sprinkler system shall be
operational in a manner meeting the approval of the Fire Chief.
POLICE CONDITIONS
75. Illuminated address signs shall be installed next to each garage door for easy
identification by Police and Fire personnel.
76. The CC&R's shall contain a restriction prohibiting the parking of vehicles in front of garages.
Common areas not designated for guest parking shall be kept clear at all times.
77. Security lighting shall be provided in the parking areas, public open space, and
driveways. Front door entrances to the individual units shall also be provided with light
fixtures.
Effective: 2-8-2010
• Community Development Department•Planning Division •