HomeMy WebLinkAbout11-60 - Resolutions RESOLUTION NO. 11-60
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING DEVELOPMENT
REVIEW DRC2011-00671, A REQUEST TO ADD A 5TH FLOOR PLAN,
REPLOT 9 PARCELS, ADD A LOGGIA OPTION TO THE PLAN 1 FLOOR
PLAN AND MAKE REVISIONS TO THE PLAN 2 FLOOR PLAN OF THE
PREVIOUSLY APPROVED DEVELOPMENT REVIEW DRC2010-00259
FOR 79 SINGLE-FAMILY LOTS ON 34.1 ACRES, LOCATED ON THE
NORTH SIDE OF DAY CREEK BOULEVARD,WEST OF THE SOUTHERN
CALIFORNIA EDISON CORRIDOR IN THE LOW RESIDENTIAL DISTRICT;
AND MAKING FINDINGS IN SUPPORT THEREOF —APN: 1087-101-01
THROUGH 55; 1087-111-01 THROUGH 02, 1087-111-14 THROUGH
1087-111-19, 21, AND 1087-111-27 THROUGH 36.
A. Recitals.
1. K. Hovananian filed an application for the approval of Development Review
DRC2011-00671, as described in the title of this Resolution. Hereinafter in this Resolution, the
subject Development Review request is referred to as "the application."
2. On the 9th day of November 2011, the Planning Commission of the City of
Rancho Cucamonga conducted a public hearing on the application and concluded said meeting on
that date.
3. All legal prerequisites prior to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the Planning
Commission of the City of Rancho Cucamonga as follows:
1. This Commission hereby specifically finds that all of the facts set forth in the Recitals,
Part A, of this Resolution are true and correct.
2. Based upon the substantial evidence presented to this Commission during the
above-referenced meeting on November 9, 2011, including written and oral staff reports, this
Commission hereby specifically finds as follows:
a. The application applies to the property located north of Day Creek Boulevard and
west of Etiwanda Avenue, south of the North Etiwanda Preserve and east of the Southern California
Edison Corridor, and is presently improved with rough grading and curb, gutter and utilities; and
b. The property to the north of the subject site is vacant land of the North Etiwanda
Preserve, the property to the south consists of single-family residential, the property to the east is
single-family residential, and the property to the west is a 240-foot wide Southern California Edison
(SCE) utility corridor; and
C. The project consists of a Development Review of 79 lots, with this application
replotting 9 of those lots and changing the number two plan elevations and adding an optional
loggia to the single-story plan; and
d. The sewer, storm drain, detention basin, curb and gutter improvements are
installed; and
PLANNING COMMISSION RESOLUTION NO. 11-60
DRC2011-00671 — K. HOVNANIAN
November 9, 2011
Page 2
e. The project conforms to the basic Development Standards of the Etiwanda North
Specific Plan with required architectural elevations, slope requirements, and overall project density.
3. Based upon the substantial evidence presented to this Commission during the
above-referenced meeting and upon the specific findings of facts set forth in Paragraphs 1 and 2
above, this Commission hereby finds and concludes as follows:
a. The proposed project is consistent with the objectives of the General Plan by
providing a variety of housing units that are compatible with the surrounding area; and
b. The proposed use is in accord with the objectives of the Development Code and
the purposes of the district in which the site is located by adhering to all setback, height, and density
regulations that govern the area where these homes are being constructed; and
C. The proposed use is in compliance with each of the applicable provisions of the
Development Code, in that single-family residences are an approved use within the Low Residential
Zoned District; and
d. The proposed use, together with the conditions applicable thereto, will not be
detrimental to the public health, safety or welfare, or materially injurious to properties or
improvements in the vicinity.
4. Based upon the facts and information contained in the application, together with all the
written and oral reports included for the environmental assessment for the application,the Planning
Commission finds that no subsequent or supplemental environmental document is required
pursuant to the California Environmental Quality Act ("CEQK) in connection with the review and
approval of this application based upon the following findings and determinations:
a. Pursuant to the California Environmental Quality Act("CEQK)and the City's local
CEQA Guidelines, the County of San Bernardino Board of Supervisors certified an Environmental
Impact Report in June 1991, a Supplemental Environmental Impact Report was certified by the
County of San Bernardino Board of Supervisors in October 1999, and an Initial Study Addendum
was certified by the City of Rancho Cucamonga in connection with the approval of Tentative Tract
Map 16227. Pursuant to CEQA Guidelines Section 15162, no subsequent or supplemental EIR or
Negative Declaration is required in connection with subsequent discretionary approvals of the same
project unless: (i)substantial changes are proposed to the project that indicate new or more severe
impacts on the environment; (ii) substantial changes have occurred in the circumstances under
which the project was previously reviewed the indicates new or more severe environmental impacts;
or (iii) new important information shows the project will have new or more severe impacts than
previously considered; or(iv)additional mitigation measures are now feasible to reduce impacts or
different mitigation measures can be imposed to substantially reduce impacts.
b. The Planning Commission finds, in connection with the Development Review
application, that substantial changes to the project or the circumstances surrounding the project
have not occurred that would create new or more severe impacts than those evaluated in the
previously certified EIR. The proposed Development Review contemplates revising the elevations
and options on about a third of the remaining homes to be constructed of the 79 single-family homes
previously approved, which was evaluated and within the scope of the prior EIR, SEIR and Initial
Study Addendum. The proposed development does not raise or create new environmental impacts
not already considered in the Environmental Impact Report for the tract map. Staff further finds that
PLANNING COMMISSION RESOLUTION NO. 11-60
DRC2011-00671 — K. HOVNANIAN
November 9, 2011
Page 3
the project will not have one or more significant effects not discussed in the previously certified EIR,
not have more severe effects than previously analyzed, and that additional or different mitigation
measures are not required to reduce the impacts of the project to a level of less-than-significant.
The proposed Development Review application does not raise or create new environmental impacts
not already considered in the Environmental Impact Report for the tract map.
C. Based on these findings and all evidence in the record, the Planning Commission
concurs with the staff determination that no additional environmental review is required pursuant to
CEQA in connection with the City's consideration of Development Review DRC2011-00671.
5. Based upon the findings and conclusions set forth in Paragraphs 1, 2, 3, and 4 above,
this Commission hereby approves the application subject to each and every condition set forth
below and in the Standard Conditions, attached hereto and incorporated herein by this reference.
Planning Department
1) Approval is for the addition of a 5th floor plan, replotting of 9 parcels,
adding a loggia option to the Plan 1 floor plan and making revisions to
the Plan 2 floor plan.
2) The applicant shall still adhere to all the conditions of the previous
approvals Development Review DRC2010-00259 and Tentative Tract
Map SUBTT16226.
3) All driveways shall have a maximum grade of 10 percent. If necessary,
driveways shall be lengthened and the garage setbacks increased in
order to achieve a 10 percent grade.
4) Boulders from the project site shall be utilized and integrated as part of
the front yard landscape plan, per the Master Plan Resolution of
Approval.
5) The driveways shall be scored in a horizontal pattern for additional
entryway detail.
Building Department
1) Construction of the home must be in accordance with the approved
Fire protection Plan; this tract is located in the VHFHSZ.
Engineering Department'
1) Conditions of Approval for Tentative Tract SUBTT16226 apply.
2) Pay a $2,635 Traffic Circulation Improvement Fee prior to Building
Permit issuance for each residence, per developer-to-developer
reimbursement agreement SRA-41. Note that a fee has already been
collected for Lot 20.
3) Install street trees per Drawing 2021, Sheet 2, Revision 6.
PLANNING COMMISSION RESOLUTION NO. 11-60
DRC2011-00671 — K. HOVNANIAN
November 9, 2011
Page 4
a) Add a note to the private landscape plans starting "street trees
shall be installed per the public improvement plans."
4) If any drive approaches will be relocated, or curb cores added, process
a revision to Drawing 2021.
Environmental Mitigation
1) The project shall implement all pertinent mitigation measures identified
in the Environmental Impact Report that was prepared and certified by
the County of San Bernardino Board of Supervisors in June 1991, the
Supplemental Environmental Impact Report that was certified by the
County of San Bernardino Board of Supervisors in October 1999, and
the Initial Study Addendum that was certified by the City of
Rancho Cucamonga in August 2001.
6. The Secretary to this Commission shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED THIS 9TH DAY OF NOVEMBER, 2011.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
Luis Munoz, Jr., Chairman
ATTEST: /I..,& I. ILA./
Jam V
R. Troyer, AICP, ecrgtajy
I, James R. Troyer,AICP, Secretary of the Planning Commission of the City of Rancho Cucamonga,
do hereby certify that the foregoing Resolution was duly and regularly introduced, passed, and
adopted by the Planning Commission of the City of Rancho Cucamonga, at a regular meeting of the
Planning Commission held on the 9th day of November 2011, by the following vote-to-wit:
AYES: COMMISSIONERS:, FL'•ETCHER, HOWDYSHELL, MUNOZ, OAXACA, WIMBERLY
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
ABSTAIN: COMMISSIONERS: NONE
COMMUNITY DEVELOPMENT
DEPARTMENT
STANDARD CONDITIONS
PROJECT#: DRC2011-00671
SUBJECT: DEVELOPMENT REVIEW OF 79 LOTS
APPLICANT: K. HOVNANIAN HOMES
LOCATION: NORTH OF DAY CREEK BOULEVARD, WEST OF ETIWANDA AVENUE
ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT.
APPLICANT SHALL CONTACT THE PLANNING DEPARTMENT, (909) 477-2750, FOR
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
A. General Requirements Completion Date
1. The applicant shall agree to defend at his sole expense any action brought against the City, its
agents, officers,or employees, because of the issuance of such approval,or in the alternative,to
relinquish such approval. The applicant shall reimburse the City, its agents, officers, or
employees, for any Court costs and attorney's fees which the City, its agents, officers, or
employees may be required by a court to pay as a result of such action. The City may,at its sole
discretion, participate at its own expense in the defense of any such action but such participation
shall not relieve applicant of his obligations under this condition.
2. Copies of the signed Planning Commission Resolution of Approval No. 11-60, Standard
Conditions, and all environmental mitigations shall be included on the plans (full size). The
sheet(s) are for information only to all parties involved in the construction/grading activities and
are not required to be wet sealed/stamped by a licensed Engineer/Architect.
3. The applicant shall be required to pay any applicable Fish and Game fees as shown below. The
project planner will confirm which fees apply to this project. All checks are to be made payable to
the Clerk of the Board Supervisors and submitted to the Planning Commission Secretary priorto
the Planning Commission or Planning Director hearing:
a) Notice of Exemption -$50 X
B. Time Limits
1. Development/Design Review approval shall expire if building permits are not issued or approved
use has not commenced within 5 years from the date of approval. No extensions are allowed.
SC-12-08 1
Project No. DRC2011-00671
Completion Date
C. Site Development
1. The site shall be developed and maintained in accordance with the approved plans which include
site plans, architectural elevations, exterior materials and colors, landscaping,sign program, and
grading on file in the Planning Department, the conditions contained herein, Development Code
regulations, the Etiwanda North Specific Plan, and the Master Plan.
2. Occupancy of the facilities shall not commence until such time as all Uniform Building Code and
State Fire Marshal regulations have been complied with. Prior to occupancy, plans shall be
submitted to the Rancho Cucamonga Fire Protection District and the Building and Safety
Department to show compliance. The buildings shall be inspected for compliance prior to
occupancy.
3. Revised site plans and building elevations incorporating all Conditions of Approval shall be
submitted for Planning Director review and approval prior to the issuance of building permits.
4. All site, grading, landscape, irrigation, and street improvement plans shall be coordinated for
consistency prior to issuance of any permits (such as grading, tree removal, encroachment,
building, etc.) or prior to final map approval in the case of a custom lot subdivision, or approved
use has commenced, whichever comes first.
5. Approval of this request shall not waive compliance with all sections of the Development Code,all
other applicable City Ordinances, and applicable Community or Specific Plans in effect at the
time of building permit issuance.
6. All ground-mounted utility appurtenances such as transformers, AC condensers, etc., shall be
located out of public view and adequately screened through the use of a combination of concrete
or masonry walls, berming, and/or landscaping to the satisfaction of the Planning Director. For
single-family residential developments, transformers shall be placed in underground vaults.
7. All building numbers and individual units shall be identified in a clear and concise manner,
including proper illumination.
8. All parkways, open areas, and landscaping shall be permanently maintained by the property
owner, homeowners'association, or other means acceptable to the City. Proof of this landscape
maintenance shall be submitted for Planning Director and Engineering Services Department
review and approved prior to the issuance of building permits.
9. The developer shall submit a construction access plan and schedule for the development of all
lots for Planning Director and Engineering Services Department approval; including, but not
limited to, public notice requirements, special street posting, phone listing for community
concerns, hours of construction activity, dust control measures, and security fencing.
10. Six-foot decorative block walls shall be constructed along the project perimeter. If a double wall
condition would result, the developer shall make a good faith effort to work with the adjoining
property owners to provide a single wall. Developer shall notify, by mail, all contiguous property
owner at least 30 days prior to the removal of any existing walls/ fences along the project's
perimeter.
11. Construct block walls between homes(i.e., along interior side and rear property lines), rather than
wood fencing for permanence, durability, and design consistency.
12. Access gates to the rear yards shall be constructed from a material more durable than wood
gates. Acceptable materials include, but are not limited to, wrought iron and PVC.
13. For residential development, return walls and corner side walls shall be decorative masonry.
14. Slope fencing along side property lines may be wrought iron or black plastic coated chain link to
maintain an open feeling and enhance views.
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Project No. DRC2011-00671
Completion Date
15. On corner side yards, provide minimum 5-foot setback between walls/fences and sidewalk. The
5-foot wall/fence setback and the parkway shall have landscape and irrigation in addition to the
required street trees. Detailed landscape and irrigation plans shall be submitted for Planning
Director review and approval prior to issuance of building permits. The parkway landscaping
including trees, shrubs, ground covers and irrigation shall be maintained by the property owner.
The developer shall provide each prospective buyer written notice of the parkway maintenance
requirement, in a standard format as determined by the Planning Director, prior to accepting a
cash deposit on any property.
D. Parking and Vehicular Access (indicate details on building plans)
1. Multiple car garage driveways shall be tapered down to a standard two-car width at street.
E. Landscaping
1. A detailed landscape and irrigation plan, including slope planting and model home landscaping in
the case of residential development, shall be prepared by a licensed landscape architect and
submitted for Planning Director review and approval prior to the issuance of building permits or
prior final map approval in the case of a custom lot subdivision.
2. All private slopes of 5 feet or more in vertical height and of 5:1 or greater slope, but less than 2:1
slope, shall be, at minimum, irrigated and landscaped with appropriate ground cover for erosion
control. Slope planting required by this section shall include a permanent irrigation system to be
installed by the developer prior to occupancy.
3. All private slopes in excess of 5 feet, but less than 8 feet in vertical height and of 2:1 or greater
slope shall be landscaped and irrigated for erosion control and to soften their appearance as
follows: one 15-gallon or larger size tree per each 150 sq. ft. of slope area, 1-gallon or larger size
shrub per each 100 sq.ft. of slope area, and appropriate ground cover. In addition, slope banks
in excess of 8 feet in vertical height and 2:1 or greater slope shall also include one 5-gallon or
larger size tree per each 250 sq. ft. of slope area. Trees and shrubs shall be planted in
staggered clusters to soften and vary slope plane. Slope planting required by this section shall
include a permanent irrigation system to be installed by the developer prior to occupancy.
4. For single-family residential development, all slope planting and irrigation shall be continuously
maintained in a healthy and thriving condition by the developer until each individual unit is sold
and occupied by the buyer. Prior to releasing occupancy for those units, an inspection shall be
conducted by the Planning Department to determine that they are in satisfactory condition.
5. Front yard and corner side yard landscaping and irrigation shall be required per the Development
Code and the Etiwanda North Specific Plan. This requirement shall be in addition to the required
street trees and slope planting.
6. The final design of the perimeter parkways,walls, landscaping, and sidewalks shall be included in
the required landscape plans and shall be subject to Planning Director review and approval and
coordinated for consistency with any parkway landscaping plan which may be required by the
Engineering Services Department.
7. All walls shall be provided with decorative treatment. If located in public maintenance areas,the
design shall be coordinated with the Engineering Services Department.
F. Other Agencies
1. The applicant shall contact the U.S. Postal Service to determine the appropriate type and location
of mailboxes. Multi-family residential developments shall provide a solid overhead structure for
mailboxes with adequate lighting. The final location of the mailboxes and the design of the
overhead structure shall be subject to Planning Director review and approval priorto the issuance
of building permits.
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Project No. DRC2011-00671
Completion Date
APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DEPARTMENT, (909)477-2710,
FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS:
NOTE: ANY REVISIONS MAY VOID THESE REQUIREMENTS AND NECESSITATE ADDITIONAL REVIEW(S)
G. General Requirements
1. Submit five complete sets of plans including the following:
a. Site/Plot Plan;
b. Foundation Plan;
C. Floor Plan;
d. Ceiling and Roof Framing Plan;
e. Electrical Plans (2 sets, detached) including the size of the main switch, number and size
of service entrance conductors, panel schedules, and single line diagrams,
f. Plumbing and Sewer Plans, including isometrics, underground diagrams,water and waste
diagram, sewer or septic system location, fixture units, gas piping, and heating and air
conditioning; and
g. Planning Department Project Number(DRC2011-00671)clearly identified on the outside of
all plans.
2. Submit two sets of structural calculations, energy conservation calculations, and a soils report.
Architect's/Engineer's stamp and "wet" signature are required prior to plan check submittal.
3. Contractors must show proof of State and City licenses and Workers'Compensation coverage to
the City prior to permit issuance.
4. Separate permits are required for fencing and/or walls.
5. Business shall not open for operation prior to posting the Certificate of Occupancy issued by the
Building and Safety Department.
H. Site Development
1. Plans shall be submitted for plan check and approved prior to construction. All plans shall be
marked with the project file number(DRC2011-00671). The applicant shall comply with the latest
adopted California Codes, and all other applicable codes,ordinances,and regulations in effect at
the time of permit application. Contact the Building and Safety Department for availability of the
Code Adoption Ordinance and applicable handouts.
2. Prior to issuance of building permits for a new residential project or major addition,the applicant
shall pay development fees at the established rate. Such fees may include, but are not limited to:
City Beautification Fee, Park Fee, Drainage Fee, Transportation Development Fee, Permit and
Plan Check Fees, Construction and Demolition Diversion Program deposit and fees and School
Fees. Applicant shall provide a copy of the school fees receipt to the Building and Safety
Department prior to permit issuance.
3. Street addresses shall be provided by the Building and Safety Official after tract/parcel map
recordation and prior to issuance of building permits.
4. Construction activity shall not occur between the hours of 8:00 p.m. and 6:30 a.m. Monday _/_/_
through Saturday, with no construction on Sunday or holidays.
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Project No. DRC2011-00671
Completion Date
I. New Structures
1. Provide compliance with the California Building Code (CBC) for property line clearances
considering use, area, and fire-resistiveness.
2. Provide compliance with the California Building Code for required occupancy separations.
3. Roofing material shall be installed per the manufacturer's"high wind" instructions.
J. Grading
1. Grading of the subject property shall be in accordance with California Building Code,City Grading
Standards, and accepted grading practices. The final grading plan shall be in substantial
conformance with the approved grading plan.
2. A soils report shall be prepared by a qualified engineer licensed by the State of California to
perform such work.
3. A geological report shall be prepared by a qualified engineer or geologist and submitted at the
time of application for grading plan check.
4. The final grading plan, appropriate certifications and compaction reports shall be completed,
submitted, and approved by the Building and Safety Official prior to the issuance of building
permits.
5. A separate grading plan check submittal is required for all new construction projects and for
existing buildings where improvements being proposed will generate 50 cubic yards or more of
combined cut and fill. The grading plan shall be prepared, stamped, and signed by a California
registered Civil Engineer.
APPLICANT SHALL CONTACT THE FIRE SAFETY DEPARTMENT, FIRE PROTECTION
PLANNING SERVICES AT, (909) 477-2770, FOR COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
SEE ATTACHED
5
,w Rancho Cucamonga Fire Protection
District
Fire Construction Services
STANDARD CONDITIONS
June 29, 2011
K Hovnanian
Rancho 79
Tract 16226-1
DRC2011-00671
THE FOLLOWING STANDARD CONDITIONS APPLY TO THIS PROJECT.
FSC-1 Public and Private Water Supply
The design for Fire Hydrant spacing and location shall comply with the RCFPD Standard 5-10
and CVWD's current standard.
FSC-2 Fire Flow
1. The required fire flow for this project is determined in gallons per minute at a minimum
residual pressure of 20-pounds per square inch. This requirement is made in accordance
with Fire Code Appendix B, as adopted by the Fire District Ordinances.
2. Public Water plans are required for all projects that must extend the existing water supply
to or onto the site. Building permits for the construction of the homes will not be
issued until the public water plans are approved by FCS and CVWD.
3. On the site plans to be submitted for plan check, show all fire hydrants available to the
proposed site.
FSC-3 Requirement for Automatic Fire Sprinkler Systems
To be installed in lots as outlined in the approved letter from Firewise date December 21, 2010.
Lots 7, 20-23, 30-41 and 93-97 quire AFS.
FSC-4 Fire District Site Access
Existing and compliant, to be maintained
FSC-5 Hazardous Fire Area
This project is located within the "Very High Fire Hazard Severity Zone" (VHFHSZ), City of
Rancho Cucamonga "Hillside District", and/or within the area identified on the Rancho
Cucamonga General Plan, Exhibit V-7 as High Probability-High Consequence for Fire Risk.
These locations have been determined to be within the "Hazardous Fire Area" as defined by the
Fire District. The Hazardous Fire Area is based on maps produced by the California
Department of Forestry and Fire Protection and the City of Rancho Cucamonga.
FCS-6 Fire Protection Plans: The applicant shall prepare the architectural plans for the
construction of the buildings in accordance with the approved fire protection plan for the
community, the RCFPD Ordinance FD50, the 2010 California Building Code chapter 7A and
RCFPD Standard 49-1.
FCS-7 Mobile, stationary or portable power-operated equipment in the Hazardous Fire
Area shall not be used without the Fire Safety Division's written approval. Specific fire
protection measures that may be required to mitigate the hazard include, but are not limited to:
a. A stand-by water tender, equipped with a pump, fire hose and nozzle.
b. Pre-wetting of the site to avoid the production of sparks between blades or tracks and
rocks.
C. Conducting a fire watch for a minimum of one-hour following the cessation of operations
each day.
d. For welding, cutting or grinding work, clear away all combustible material from the area
around such operation for a minimum distance of 10-feet. A "hot-work" permit must be
obtained from Fire Construction Services prior to cutting, welding or grinding work.
e. Maintain one serviceable round point shovel with an overall length of not less than forty-six
(46) inches and one five (5) gallon backpack water pump-type fire extinguisher fully
equipped and ready for use at the immediate area during the operation.
FCS-8 Prior to the issuance of any Certificate of Occupancy, Fire Protection Plan
requirements shall be installed, inspected and accepted by the Fire District staff. Schedule the
inspection with Fire Construction Services at 909-477-2713.
FCS-10 Fire Access Roadways: Prior to the issuance of any Certificate of Occupancy, the fire
access roadways must be installed in accordance with the approved plans and acceptable to
Fire Construction Services.
The CC&R's, the reciprocal agreement and/or other approved documents shall be recorded and
contain an approved fire access roadway map with provisions that regulate parking, specify the
method of enforcement and identifies who is responsible for the required annual inspections and
the maintenance of all required fire access roadways.
FCS-11 Address: Prior to the granting of occupancy, single-family dwellings shall post the
address with minimum 4-inch numbers on a contrasting background. The numbers shall be
noncombustible internally or externally illuminated during periods of darkness with non
combustible fixtures. The numbers shall be visible from the street.
FCS-12 Landscaping: The lots must landscaped with the required vegetation in accordance
with approved landscape plans.
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