HomeMy WebLinkAboutRes No 2809 PLANNING COMMISSION RESOLUTION NO. 2809
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM
DESERT, CALIFORNIA, FINDING NO FURTHER ENVIRONMENTAL
REVIEW IS NECESSARY UNDER THE STATE CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) GUIDELINES SECTION 15183
AND APPROVAL OF A PRECISE PLAN TO CONSTRUCT A 330-UNIT
APARTMENT COMMUNITY ON A 15-ACRE LOT LOCATED ON PARCEL 7
OF PARCEL MAP 36792 AT THE SOUTHEAST CORNER OF GERALD
FORD DRIVE AND TECHNOLOGY DRIVE
CASE NO. PP21-0009
WHEREAS, the Planning Commission of the City of Palm Desert, California, did on
the 15th day of March 2022, hold a duly noticed public hearing to consider the request by
Apogee Professional Services ("Applicant") for approval of the above-noted project request;
and
WHEREAS, the Architectural Review Commission (ARC) of the City of Palm Desert,
California, did on the 141h day of December 2021, consider the request by the Applicant at its
meeting and recommended approval to the Planning Commission of the above-noted project
request; and
WHEREAS, the City Council did on the 261h day of March 2015, adopted Ordinance
1281 approving the Millennium Specific Plan (MSP), Development Agreement 14-332, and
adopting a Mitigated Negative Declaration for the project site; and
WHEREAS, the City Council did on the 26th day of March 2015, adopted City Council
Resolution No. 2015-15 approving the Tentative Parcel Map 36792; and
WHEREAS, under Section 21067 of the Public Resources Code, Section 15367 of the
State CEQA Guidelines (Cal. Code Regs., tit. 14, § 15000 et seq.), and the City of Palm
Desert's ("City's") Local CEQA Guidelines, the City is the lead agency for the proposed
project; and
WHEREAS, State CEQA Guidelines Section 15183 (Public Resources Code
§21083.3), provides that projects, which are consistent with a Community Plan, General Plan,
or Zoning for which an environmental impact report (EIR) has been certified "shall not require
additional environmental review, except as might be necessary to examine whether there are
project-specific significant effects which are peculiar to the project or its site;" and
WHEREAS, an EIR was prepared and certified by the City Council as part of the Palm
Desert General Plan (SCH# 2015081020); and
WHEREAS, the proposed project is consistent with the development density and use
characteristics considered by the General Plan EIR in the Town Center Neighborhood land
use designation; and
PLANNING COMMISSION RESOLUTION NO. 2809
WHEREAS, the proposed project is consistent with all applicable development
standards and design guidelines of the MSP Planning Area 7 zoning designation and
therefore consistent with the land use envisioned by the General Plan; and
WHEREAS, said application has complied with the requirements of the "City of Palm
Desert Procedure for Implementation of CEQA" Resolution No. 2019-41, in that the Director
of Development Services has determined that the project is consistent with the approved
General Plan and MSP and that other project-specific impacts were evaluated in the approval
of the MSP and that no further environmental review is required under State CEQA Guidelines
15183. CEQA Guidelines Section 15183 allows for a streamlined environmental review
process for projects, which are consistent with the development density established by
existing zoning, community plan, or general plan policies for which an EIR was certified,
except as might be necessary to examine whether there are project-specific significant effects
which are peculiar to the project or its sites. If the above qualifications are met, as stated in
Section 15183(b), "a public agency shall limit its examination of environmental effects to those
which the agency determines, in an initial study or other analysis: (1) are peculiar to the
project or the parcel on which the project would be located, (2) were not analyzed as
significant effects in a prior EIR on the zoning action, general plan, or community plan, with
which the project is consistent, (3) are potentially significant off-site impacts and cumulative
impacts which were not discussed in the prior EIR prepared for the general plan, community
plan or zoning action, or the project's CEQA Section 15183 Analysis (4) are previously
identified significant effects which, as a result of substantial new information, which was not
known at the time the EIR was certified, are determined to have a more severe adverse
impact than discussed in the prior EIR." This document has been prepared to satisfy the
requirements of CEQA Guidelines Section 15183. It analyzes the potential environmental
effects of the proposed project and evaluates whether they were adequately analyzed in a
prior EIR such that the above-identified streamlining criteria apply. The project is consistent
with the Palm Desert General Plan Update (General Plan Update), for which an EIR (SCH
No. 2015081020) was certified. The General Plan Update provides a framework for future
growth of the City and projects the development reasonably expected to occur during the
buildout period. The Genal Plan Update EIR analyzed the environmental impacts associated
with the adoption and implementation of the General Plan Update. The proposed project is
permitted in the zoning district where the project site is located and consistent with the land
uses, density, and vision of the General Plan Update.
WHEREAS, at said the public hearing, upon hearing and considering all testimony
and arguments, if any, of all interested persons desiring to be heard, the Planning
Commission did find the following facts and reasons, which are outlined in the staff report,
exist to justify approval of said request:
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS:
SECTION 1. Recitals. The Planning Commission hereby finds that the foregoing
recitals are true and correct and are incorporated herein as substantive findings of this
Resolution.
SECTION 2. Project Recommendations. The Planning Commission hereby
recommends approval of PP21-0009, subject to the findings and conditions of approval.
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PLANNING COMMISSION RESOLUTION NO. 2809
SECTION 3. Custodian of Records. The documents and materials that constitute the
record of proceedings on which these findings are based are located at the City's office at
73-510 Fred Waring Drive, Palm Desert, CA 92260. Martin Alvarez, the Secretary to the Palm
Desert Planning Commission, is the custodian of the record of proceedings.
SECTION 4. Execution of Resolution. The Chairperson of the Planning Commission
signs this Resolution and the Secretary to the Commission shall attest and certify to the
passage and adoption thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF
THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS:
1. That the above recitations are true and correct and constitute the findings for
approval of the Planning Commission in this case.
2. That the Planning Commission does hereby recommend approval of Case No.
PP21-0009.
PASSED, APPROVED, AND ADOPTED by the Planning Commission of the City of
Palm Desert, California, at its regular meeting held on the 15TH day of March 2022, by the
following vote, to wit:
AYES: GREENWOOD, HOLT, and PRADETTO
NOES: NONE
ABSENT: DE LUNA and GREGORY
ABSTAIN: NONE
J HN REE OD, CHAT
ATTEST:
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MARTIN AL REZ, SECRETARY
PALM DESERT PLANNING COMMISSION
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PLANNING COMMISSION RESOLUTION NO. 2809
CONDITIONS OF APPROVAL
CASE NO. PP21-0009
PLANNING DIVISION:
1. The development of the property shall conform substantially with exhibits on file with the
Development Services Department, as modified by the following conditions.
2. The Applicant agrees that in the event of any administrative, legal, or equitable action
instituted by a third party challenging the validity of any of the procedures leading to the
adoption of these project approvals for the project, or the project approvals themselves,
the developer and City each shall have the right, in their sole discretion, to elect whether
or not to defend such action. The developer, at its sole expense, shall defend, indemnify,
and hold harmless the City (including its agents, officers, and employees) from any such
action, claim, or proceeding with counsel chosen by the City, subject to the developer's
approval of counsel, which shall not be unreasonably denied, and at the developer's sole
expense. If the City is aware of such an action or proceeding, it shall promptly notify the
developer and cooperate in the defense. The developer upon such notification shall
deposit with City sufficient funds in the judgment of the City Finance Director to cover the
expense of defending such action without any offset or claim against said deposit to
assure that the City expends no City funds. If both parties elect to defend, the parties
hereby agree to affirmatively cooperate in defending said action and to execute a joint
defense and confidentiality agreement in order to share and protect the information,
under the joint defense privilege recognized under applicable law. As part of the
cooperation in defending an action, City and developer shall coordinate their defense in
order to make the most efficient use of legal counsel and to share and protect
information. The developer and City shall each have sole discretion to terminate its
defense at any time. The City shall not settle any third-party litigation of project approvals
without the developer's consent, which consent shall not be unreasonably withheld,
conditioned, or delayed unless the developer materially breaches this indemnification
requirement.
3. The development of the property described herein shall be subject to the restrictions and
limitations set forth herein, which are in addition to the approved development standards
listed in the PDMC, and state and federal statutes now in force, or which hereafter may be
in force.
4. The Precise Plan shall expire, if construction of the said project shall not commence within
two years from the date of final approval unless an extension of time is granted by the
Palm Desert Planning Commission; otherwise, said approval shall become null, void, and
of no effect whatsoever.
5. Any proposed changes to this Precise Plan will require an amendment to the application,
which may result in a new public hearing.
6. All construction documentation shall be coordinated for consistency, including, but not
limited to, architectural, structural, mechanical, electrical, plumbing, landscape and
irrigation, grading, and street improvement plans. All such plans shall be consistent with
the approved entitlement plans on file with the Development Services Department.
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PLANNING COMMISSION RESOLUTION NO. 2809
7. Construction of said project shall commence within two years from the date of final
approval unless an extension of time is granted; otherwise, said approval shall become
null, void, and of no effect whatsoever.
8. Any proposed modifications to this approval shall require an amendment to the
application, which may result in a new public hearing.
9. Prior to issuance of a building permit for construction of any use or structure
contemplated by this approval, the applicant shall first obtain permits and or clearance
from the following agencies:
Coachella Valley Water District (CVWD)
Public Works Department
Fire Department
Evidence of said permit or clearance from the above agencies shall be presented to the
Building & Safety Division at the time of issuance of a building permit for the use
contemplated herewith.
10. This project is subject to payment of the City's Public Art fee. The fee will be applied at
the time of a building permit issuance and shall remain in the City's public art fund.
11. Final lighting plans shall be submitted under PDMC Section 24.16 for any landscape,
architectural, street, or other lighting types within the project area.
12. All exterior lighting sources shall be fully shielded and directed downwards and is subject
to approval by the Palm Desert Development Services Department. Luminaries with total
lamp lumens above sixteen thousand lumens shall not be used.
13. Access to trash/service areas shall be placed so as not to conflict with parking areas.
Said placement shall be approved by the applicable waste company and Development
Services Department and shall include a recycling program.
14. Final landscape and irrigation documents shall be prepared by a landscape architect
registered with the State of California and shall be submitted to the City's Development
Services Department and the Coachella Valley Water District for review and approval.
All sheets shall be wet signed by the landscape architect and shall include the license
number and the expiration date. The landscape plan shall conform to the preliminary
landscape plans prepared as part of this application and shall include dense plantings of
landscape material.
15. All project irrigation systems shall function properly, and landscaping shall be maintained
in a healthy and thriving condition. The maintenance of landscaping and the irrigation
system shall be permanently provided for all areas of the project site, as well as walkways
and the portion of public right-of-way abutting the project site (parkways). Furthermore,
the plans shall identify responsibility for the continued maintenance (such as
homeowners' association, landscape maintenance district, property owner, etc.).
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PLANNING COMMISSION RESOLUTION NO. 2809
16. All exterior equipment, and all appurtenances thereto, shall be completely screened from
public view by walls or roof screens that are architecturally treated to be consistent with
the building. The final construction plans shall include appropriate drawings
demonstrating how such equipment is to be screened from view. No rooftop equipment
shall be permitted.
17. All roof drainage systems and devices shall be designed such that they are fully screened
from view from all public streets. Drainage devices, including but not limited to down-
spouts, shall not be located on any street-facing building elevation or area that is clearly
visible from the public right-of-way. Drainage devices located on any street-facing
elevation shall be fully integrated into the building structure.
18. All ground-mounted utility structures including, but not limited to, transformers, HVAC
equipment, and backflow prevention valves shall be located out of view from any public
street or adequately screened through the use of landscaping and/or masonry walls.
19. The Applicant shall comply with the recommendations made by the City's ARC, as
referenced in the December 14, 2021, Notice of Action.
20. The Applicant or any successor in interest shall comply with all applicable local, state,
and federal laws and regulations.
21. All parking spaces shall be clearly marked with white or yellow paint or other easily
distinguished material. Except as required by State and ADA requirements, all markings
shall be a minimum four-inch wide double ("hairpin" style) stripe designed to provide 18
inches measured outside to outside under City Council Resolution No. 01-5. Parallel
spaces and covered spaces are not required to provide double striping.
22. The Applicant shall submit a master sign program application to the Development
Services Department for approval prior to permit the issuance of any building-
mounted or monument signs associated with the project.
23. A copy of the herein-listed conditions of approval shall be included in the construction
documentation package for the project, which shall be continuously maintained on-site
during project construction.
24. The final design of all site walls shall be subject to review and approval by the
Development Services Department.
25. The Applicant shall comply with all conditions of approval of City Council Resolution
2015-15 and all requirements of the Millennium Specific Plan and DA 14-332 approved
by City Council Ordinance 1281 except as modified herein.
26. The Applicant shall enter into a Housing Agreement with the City of Palm Desert prior to
building permit issuance. The agreement shall be in accordance with provisions related
to affordable housing contained in Development Agreement (DA) 14-332, approved
pursuant to City Council Ordinance 1281.
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PLANNING COMMISSION RESOLUTION NO. 2809
27. The Applicant shall incorporate noise abatement measures into the project as identified
by the Project Final Noise Study Dated January 19, 2021.
LAND DEVELOPMENT DIVISION:
Land Development has reviewed PP21-0009 for the Millennium Apartments project. The
following are conditions of approval:
28. The Applicant shall comply with all provisions of Title 27 of the PDMC.
Prior to the issuance of grading permits the applicant shall:
29. Submit a grading and drainage plan to the Development Services Department for review
and approval by the City Engineer. Any changes to the approved civil plans must be
reviewed for approval prior to work commencing. The grading and drainage plan shall
include but not be limited to the following elements:
A. The City of Palm Desert General Notes and Grading Notes.
B. The total area and disturbed area of the project in acres.
C. Construction notes and quantities.
D. Proposed and existing utilities.
E. Cut and fill quantities.
F. Landscaping areas.
G. Spot elevation.
H. Proposed and existing property lines and easements.
I. Square footage of the building.
J. Top of wall and top of footing elevations
K. Top of grade and invert elevations.
L. Finish floor and pad elevations
M. Horizontal location of structures.
N. Parking lot striping and dimensioned drive aisles.
O. Existing grades of adjacent parcels.
30. Submit any reports or agreements to the City Engineer that are relevant to the project
including but not limited to soils reports, hydrology or hydraulic reports, maps, development
agreements, exclusive negotiating agreements (ENA), and a preliminary title report with the
first grading submittal.
31. Submit the vacation application to the City Engineer for review and approval of restricted
access along Gerald Ford Drive, as shown on Parcel Map 36792. The Applicant shall record
the agreement prior to receiving grading permits.
32. Submit a PM10 application to the Public Works Department for approval. The Applicant shall
comply with all provisions of PDMC Section 24.12 regarding Fugitive Dust Control.
33.A PM10 sign with the contact information of the contractor or owner shall be installed on the
project site.
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PLANNING COMMISSION RESOLUTION NO. 2809
34. Submit a final Water Quality Management Plan (WQMP) for approval. The WQMP shall
identify the Best Management Practices (BMPs) that will be used on the site to control
predictable pollutant runoff. Prior to the issuance of grading permit, the Operation and
Maintenance Section of the approved final WQMP shall be recorded with County's
Recorder Office and a conformed copy shall be provided to the Public Works Department.
35. Provide the City Engineer with evidence that a Notice of Intent (NOI) has been filed with
the State Water Resources Control Board. Such evidence shall consist of a copy of the
NOI stamped by the State Water Resources Control Board or the Regional Water Quality
Control Board, or a letter from either agency stating that the NOI has been filed.
36.The Applicant shall abide by all provisions of City of Palm Desert Ordinance 843, Section
24.20 Stormwater Management and Discharge Ordinance.
37. Signalization fees, under City of Palm Desert Resolution Nos. 79-17 and 79-55, shall be
paid prior to issuance of any permits associated with this project.
38. Drainage fees under PDMC Section 26.49 and Ordinance number 653 shall be paid prior
to recordation of the tract map.
39.This project is proposing to construct improvements in the public right-of-way. The
applicant shall obtain an encroachment permit from the Public Works Department prior to
commencement of work in the right-of-way.
40.Traffic control plans shall be submitted to the Public Works Department for review and
approval prior to the issuance of an encroachment permit.
41.Any damage to an existing street or sidewalk during construction shall be repaired to the
satisfaction of the Public Works Inspector and City Engineer at the expense of the
developer.
42.A reciprocal access agreement between parcels 6 and 7 of PM 36792 shall be provided
for and recorded by the applicant.
43.The applicant shall construct a full-width private drive aisle between Parcel 6 and 7 of
Parcel Map 36792 providing reciprocal access from Gerald Ford Drive.
44.The applicant shall construct or enter into an agreement and post security, in a form and
amount acceptable to the City Engineer, guaranteeing the construction of off-site
improvements. Improvements shall be in accordance with the Development Agreement.
Improvements include but are not limited to:
A. The installation of one full-width commercial driveway per City Standard 105.
B. The construction of a half-width plus 12' street, curb and gutter, commercial
driveway, curb ramps, and a 6' sidewalk on Technology Drive per the approved
street improvement plans.
C. The construction of two right-turn pocket/deceleration lanes on Gerald Ford
Gerald Ford Drive as shown on approved street improvement plans.
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PLANNING COMMISSION RESOLUTION NO. 2809
D. The installation of curb ramps at the entrance on Gerald Ford Drive.
E. The installation of an 8' meandering sidewalk on Gerald Ford Drive per City
Standard 104.
During the course of the project, the Applicant shall:
45. Schedule a Site Inspection through the Permit Center to meet and confer with the Public
Works Inspector.
46.The Applicant shall provide for drainage into on-site retention basins as shown on the
approved plans. Overflow drainage may discharge to the offsite basin on Parcel 9 of PM
36792.
47. Prior to a footing inspection from the Building and Safety Division, the engineer shall
submit a signed and stamped Form Certification to Land Development for review and
approval.
48. Submit a Letter of Certification to the Land Development Division prior to the scheduling
of a Final Inspection.
BUILDING AND SAFETY DIVISION:
49. This project shall comply with the latest adopted edition of the following codes:
A. California Building Code and its appendices and standards.
B. California Residential Code and its appendices and standards
B. California Plumbing Code and its appendices and standards.
C. California Mechanical Code and its appendices and standards.
D. California Electrical Code.
E. California Energy Code.
F. California Green Building Standards Code
G. Title 24, California Code of Regulations.
H. California Fire Code and its appendices and standards.
50. This project will fall under the review and compliance of Chapters 11-A and Chapter 11-
B of the 2019 California Building Code.
51. The Applicant shall coordinate directly with:
Riverside County Fire Marshal's Office
CAL FIRE/Riverside County Fire Department
Main: 760-863-8886
77933 Las Montanas Road, Suite 201
Palm Desert, CA 92211
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PLANNING COMMISSION RESOLUTION NO. 2809
52. Plan approval must be obtained from the County of Riverside, Department of
Environmental Health before constructing or altering a swimming pool, spa, etc., or
associated structure or equipment (such as fencing and decking). The Applicant shall
coordinate directly with the health department for application, plans, and specifications.
53. All trash enclosures are required to be accessible. Provide an accessible path of travel
to the trash enclosure. Trash enclosures shall comply with the minimum requirements
established by Chapter 8.12 of the PDMC.
54. All contractors and subcontractors shall have a current City of Palm Desert Business
License prior to permit issuance per PDMC, Title 5.
55. All contractors and/or owner-builders must submit a valid Certificate of Workers'
Compensation Insurance coverage prior to the issuance of a building permit per
California Labor Code, Section 3700.
56. Address numerals shall comply with Palm Desert Ordinance No. 1351 (PDMC 15.28.
Compliance with Ordinance 1351 regarding street address location, dimension, a stroke
of line, distance from the street, height from grade, height from the street, etc. shall be
shown on all architectural building elevations in detail. Any possible obstructions,
shadows, lighting, landscaping, backgrounds, or other reasons that may render the
building address unreadable shall be addressed during the plan review process. The
Applicant may request a copy of Ordinance 1351 or Municipal Code Section 15.28 from
the Building and Safety Division counter staff.
FIRE DEPARTMENT:
With respect to the conditions of approval for the referenced project, the Fire Department
requires the following fire protection measures in accordance with Riverside County
Ordinances and/or referenced fire protection standards:
57. Fire Hydrants and Fire Flow: Prior to the issuance of building permits, plans for the water
system shall be submitted to the fire department for review and approval. The water
system shall be capable of delivering 1,5000 GPM at 20 psi for a two-hour duration. Fire
hydrant location and spacing shall comply with the fire code. Off-site (public) hydrants
are required to be located next to the access walkways providing access to the property
from Gerald Ford Drive and Technology Drive. (Reference the preliminary fire access
site plan and the preliminary fire service water plan.) An approved water supply for fire
protection during construction shall be made available prior to the arrival of combustible
materials on site. Reference 2019 California Fire Code (CFC) 507.5.1, 507.5.1, 3312,
Appendices B and C.
58. Fire Department Access: Prior to building permit issuance, a fire access site plan shall
be approved. The access roads shall be capable of sustaining 60,000 lbs. over two axels
and 75,000 lbs. over three axles in all-weather conditions. Approved vehicle access,
either permanent or temporary, shall be provided during construction. CFC 503.1.1,
331.1 and 503.2.1.
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PLANNING COMMISSION RESOLUTION NO. 2809
59. Requests for installation of traffic calming designs /devices on fire apparatus roads shall
be submitted and approved by the Office of the Fire Marshal. Ref. CFC 503.4.1.
60. Phased Construction Access: If construction is phased, each phase shall provide
approved access for fire protection prior to any construction. Ref. CFC 503.1.
61. Construction Permits: Building construction plans shall be submitted to the Office of the
Fire Marshal for review and approval. Additional fire and life safety conditions may be
determined during this review.
62. Fire Sprinkler System: All new commercial structures 3,000 square feet or larger shall be
protected with a fire sprinkler system. All new residential apartment buildings shall be
protected with a fire sprinkler system. Ref CFC 903.2 as amended by the City of Palm
Desert.
63. Fire sprinkler system risers shall not be obstructed in any manner. If a system riser is to
be concealed by means of a wall, soffit, column, or other building construction, it shall be
provided with 18-inch clearance to each side and to the front of the system riser. Access
shall be provided by means of a door with the minimum dimensions two (2) feet, six (6)
inches in width by six (6) feet, eight (8) inches in height from the exterior of the building
directly to the riser as approved by the fire code official Ref. RVC Fire IB 06-07.
64. Fire Alarm and Detection System: A water flow monitoring system and/or the fire alarm
system may be required and will be determined at the time of building plan review. Ref.
CFC 903.4, CFC 907.2 and NFPA 72.
65. Knox Box and Gate Access: Building shall be provided with a Knox Box. The Knox Box
shall be installed in an accessible location approved by the Office of the Fire Marshal.
Gates installed across access walkways and maintained shall be provided with approved
Knox equipment. Electric gate operators shall be provided with Knox key switches.
Electric gate operators shall also be connected to a remote signal receiver compatible
for use with the preemption devices on the Riverside County fire apparatus. The gate
shall automatically open upon receiving a remote signal from the fire apparatus and
remain in the fully open position for a minimum of 30 seconds. Ref. CFC 506.1.
66. Addressing: All residential dwellings and commercial buildings shall display street
numbers, building number/letter designators, and unit designators in a prominent location
on the street side of the premises and additional locations as required. The premises
shall have an illuminated diagrammatic representation of the actual site layout which
shows the name of the complex, all streets, building designators, unit numbers and dire
hydrant locations within the complex. These directories shall be a minimum of 4' by 4' in
dimension and located next to roadway access. Ref. CFC 505.1 and County of Riverside
Office of the Fire Marshal Standard No. 07-01.
END OF CONDITIONS OF APPROVAL
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