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HomeMy WebLinkAboutPC RES 2694 5 G 8 10 11 1'2 1o 1,1 15 17 18 2O 21 22 2~ 24 2G 27 28 RESOLUTION NO. 2694 A RESOLUTION OF THE PLANHING COMMISSION OF THE CITY OF TUSTIN RECOMMENDING TO THE TUSTIN CITY COUNCIL APPROVAL OF VESTING TENTATIVE TRACT MAP NO. 13735 The Planning Commission of the City of Tustin does hereby resolve follows' I. The Planning Commission finds and determines as follows' A. That Vesting Tentative Tract Map No. 13735 was submitted to th.'m. Planning Com~i ssion by Regis Contractors, Inc. for' consideration. B. That a public hearing was duly called, noticed and held 'for sai.' map on October 23, 1989. C. That an Environmental Impact Report (EIR 85-2 for the East Tustin Specific Plan) has been certified in conformance with the requirements of California Environmental Ouality Act for tl:,l, subject project area. D. That the proposed subdivision is in conformance with the Tustin Area General Plan, adopted East Tustin Specific Plan amendments, Development Agreeme~)t and Subdivision Mab' Act a-.~ it pertains to the development of single family ewellin.~s. E® The 1.6236 acre parkland requirment of this project was previously dedicated wlth Parcel Map 88-316. F . That the City has reviewed the status of the School Facilities Agreement bet~veen The Irvine Company and the Tustln Unified School District, the East Tustin Specific Plan, EIR 85-2 subsequently adopted supplements and addenda, the impacts ef Vesting Tentative Tract Map 13735 on School District facilities, and reviewed changes in IState law, and finds and deter:nines the impacts on School District facilities by approval of thi,.. map have been adequately addressed. G. TI]at the site is physically suitable for the type of developme~.~t proposed. H. That the site is physically suitable for the proposed density of development. 1 2 4 5 6 I 8 11 12 15 17 18 19 20 21 22 23 2.1 25 26 27 28 Resolution No. 2694 Pa ge two I. That the design of the subdivision or the proposed imprr, v,.~r.':entc are no~ likely to cause substantial environmental damage substantially and avoidably injure fish or wildlife in their habi tat. J. That the design of the subdivision or the type of improvement.s proposed will not conflict with easements acquired by the public-at-large, for access through or use of the prepert7 within the proposed subdivision. K. That the design of the subdivision or the types of improvement. proposeO are not likely to cause serious public heaitr., n, rc..Diep?. II. The Planning Commission hereby recommends to the City Council approval of Vesting Tentative Tract Map No. 13735 sub,~ect to the ,conditions attached hereto as Exhibit A. PASSED AND ADOPTED at a regular meeting of the Tustin 'Planning Commission, held on the 23rd day of October, 1989. Chairman Secretary STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF TUST[N . ) I, PENNI FOLEY, the undersigned, ilereby certify that I am the Recording Secretary of the Planning Commission of the City of Tustin, California; :hat Resolution Ilo. , - was duly passed and adopted at a regular I~e:ing of the Tus~in Planning Commission, held on the ..:Day of , , 198 .... · · , P'E~N I FOLEY Recording SecreTary (2) (3) (6) (1) (6) PUBLI 1.1 (1) 1.2 EXHIBIT A VESTING TENTATIVE TRACT MAP 13735 RESOLUTION NO. 2694 CONDITIONS OF APPROVAL C/PRIVATE'INFRASTRUCTURE IMPROVEMENTS Prior to recordation of final map, the Subdivider shall prepare plans for and construct or post security guaranteeing construction of all public and/or private, infrastructure improvements within the boundary of said tract map in conformance with applicable City standards, including but not limited to the following: A® B. C. D. E. F. G. H. I. J. K® N® Curb and gutter/cross gutters Sidewalks including access facilities for physically handicapped Drive aprons/approach Street paving Stree. t signing and paving Landscaping/irrigation facilities Sanitary sewer service facilities Domestic water service facilities Reclaimed water service facilities Utility connections (i.e., gas, electric, telephone, and facilities) Traffic signal systems and other traffic control devices Street and paseo lighting Storm drains and subdrains (* The storm drain facilities tract will be private drains to be maintained) Undergrounding of existing and proposed utility distribution Lot monumentation Fi re hydrants A hydrology and hydraulic study shall persons cable T.V. within this lines be prepared for this project. The amount of acceptable security for construction of public improvements shall be reviewed and approved by the Public Works Department. The amount and acceptable security for private imprqvements shall be reviewed and approved by the Building Official. All construction within a public right-of-way and/or public easement must be SOUACE COOES (1) (2) STANDARD CONDITION EIR MITIGATION UNIFORM BUILDING CODES DESIGN REVIEW EXCEPTION (6) 7) {9) SPECIFIC PLAN RESPONSIBLE AGENCY REQUIREMENT LANDSCAPING GUIDELINES PC/CC POLICY OTHER MUNICIPAL CODE REQUIREMENT Resolution No. 2694 Exhibit A Page two (6) shown on a separate 24" X 36" plan wi th all construction referenced to applicable City, County, or Irvine Ranch Water District standard drawing numbers. (1) 1.3 All changes in existing curbs, gutters, sidewalks and other public '-"6) improvements shall be responsibility of subdivider. 1) 1.4 Preparation of plans for and construction of: (2) (6) A. All sanitary sewer facilities must be submitted as required by the City Engineer and local sewering agency. These facilities shall include a gravity flow system per standards of the Irvine Ranch Water District. Be A domestic water system must be to the standards of the Irvine Ranch Water District/City of Tustin Water Service, whichever is applicable at the time of plan preparation. Improvement plan~ shall also be reviewed and approved by the Orange County Fire Department for fire protection purposes. The adequacy and reliability of water system design and the distribution of fire hydrants will be evaluated. The water distribution system and appurtenances shall also conform to the applicable laws and adopted regulations enforced by the Orange County Health Department. Any required reclaimed water systems shall be to the standards as required by the Irvine Ranch Water District. (1) 1.5 Proposed public streets shall be designed to the following specifications: (5) (6) A. All proposed streets and drives shall be designed in substantially the same width and alignment as shown on the approved vesting tentative map unless modified and approved by the Directors _of Community Development and Public Works. 1) The primary loop roadway shall be considered a private drive and shall be at least 25 feet in width from curb to curb, and shall include a 5 foot sidewalk, street trees, and street lights. B. All priva-te streets and drives shall be constructed in accordance with City requirements in terms of type and quality of materials used. Resolution No. 2694 Exhibit A Page three Sidewalk areas shall flare around the placement of all above ground facilities, such as signing, street lights and fire hydrants. D o Parking shall only be permitted along on-site private streets and private drive, s as identified on approved plans. Signage and red curbing shall be installed where appropriate. .(1) 1.6 Private streets, storm drain, water & sewer improvement plans shall comply (6) with the "City of Tustin" Minimum Design Standards for on-site Private Street (8) and Storm Drain Improvements. DEDI CATI ONS/RESERVATI ONS/EASEMENTS .... , , , , , (1) 2.1 The subdivider shall satisfy dedication and/or reservation requirements as (2) applicable, including but not limited to dedication of all required street and (5) flood control right-of-way easements, vehicular access rights, sewer easements (6) and water easements defined and approved as to specific location by the City (8) Engineer and other reasonable agencies. CONSTRUCTION ACTIVITIES ADJACENT TO PUBLIC RIGHT-OF-WAY (1) 3.1 Prior to recordation of the final map, subdivider shall post with the (2) Community Development Department a minimum $2,500 cash deposit or letter of (6) credit to guarantee the sweeping of streets and clean-up of streets affected by construction activities. In the event this deposit is depleted prior to completion of development or City appearance of public streets, an additional incremental deposit will be required. (1) 3.2 Any damage done to existing street improvements and utilities shall be (6) repaired before acceptance of the tract and/or issuance of a Certificate of Occupancy for the development on any parcel within the subdivision. (1) 3.3 Prior to any work in the public right-of-way, an Excavation Permit must be obtained and applicable fees paid from the Public Works Department. GRADING/GENERAL , (1) 4.1 Prior to issuance of grading permits: (2) (6) A. A detailed soil engineering report shall be submitted to and approved by the Building Official conforming to the requirements of the Uniform Building Code, City Grading Requirements, and all other applicable State and local laws, regulations and requirements. Resolution No. 2694 Exhibit A Page four Preparation and submittal of a grading plan subject to approval of the Department of Community Development del ineating the following information: 1. Methods of drainage in accordance with all applicable City standards. 2. All recommendations submitted by geotechnical or soils engineer and specifically approved by them. 3. Compliance with conceptual grading shown on tentative tract map. 4. A drainage plan and necessary support documents such as hydrology calculations to comply with the following .requirements: a. Provision of drainage facilities to remove any flood hazard to the satisfaction of the City Engineer which will allow building pads to be safe from inundation from rain fall which may be expected from all storms up to and including the theoretical 100 year storm and dedication of'any necessary easements on the final map as required. b. Elimination of any sheet flow between lots and ponding. c. Provision of drainage facilities to protect the lots from any high velocity scouring action. d. Provision for tributary drainage from adjoining properties. 5. All flood hazard areas of record. Ge A note shall be placed on the grading plan requiring Community Development Department approval of rough grading prior to final clearance for foundations. The Department will inspect the site for accuracy of elevations, slope gradients, etc. and may require certification of any grading related matter. ® Note on plans that a qualified paleontologist/archealogist, as appropriate shall be present at a pre-grading contractor conference to provide inforation about what to look for during rough grading operations that might indicate the presence of paleontological or archealogical resources. If resources are found, work shall stop in the affected area, the paleontologist/archeologist shall be notified and all resources shall be excavated or preserved as deemed appropriate or as recommended by the paleontologist/archealologist subject to review and approval by the Department of Public Works and Community Development. All "finds" shall be reported immediately to the De pa rtment o f Commu n i ty Dev el o pment. The paleontologist/archealogist shall attend the pregrade construction meeting to ensure that this condition and necessary procedures in the event of a "find" are explained. ® Preparation of a sedimentation and erosion control plan for all construction work related to the subject Tract including a method of control to prevent dust and windblown earth problems. Resolution No. 2694 Exhibit A Page five C. Submittal of a construction traffic routing plan to be reviewed and approved by the Director of Public Works. (1) 4.2 All earthwork shall be performed in accordance with the City of Tustin (3) Municipal Codes and grading requirements. FIRE DEPARTMENT 5.1 Prior to the recordation of a final tract map, water improvement plans shall be submitted to and approved by the Fire Chief for adequate fire protection and financial security posted for the installation. The adequacy and reliability of water system design, location of valves, and the distribution of fire hydrants will be evaluated in accordance with Insurance Services Office suggested standards contained in the "Grading Schedule" for Municipal Fi re Protection. 5.2 Prior to the issuance of any building permits for combustible construction, evidence that a water supply for fire protection is available shall be be submitted to and approved by the Fire Chief. Fire hydrants shall be in place and operational to meet required fire-flow prior to commencing construction with combustible materials. 5.3 Prior to the issuance of any building permits, a construction phasing plan shall be submitted to and approved by the Fire Chief. The purpose of this review is to evaluate the .adequacy of emergency vehicle access for the number of dwelling units served. 5.4 Prior to the issuance of any building permits, plans for an automatic fire extinguishing system shall be approved by the Fire Chief. Such systems shall be operational prior to the issuance of a certificate of use and occupancy. 5.5 Prior to the issuance of any certificates of use and occupancy, the private streets shall be red curbed and posted "No Parking-Fire Lane" as per 1985 Uniform Fire Code Section 10.207 in a manner meeting the approval of the County Fire Chief. Resolution No. 2694 Exhibit A Page si x NOISE (1) 6.1 Prior to the issuance of any building permits: (2) (3) A. A final acoustical analysis repbrt describing the acoustical design features of the structures required to satisfy the exterior and interior noise standards shall be submitted to the Tustin Community Development Department for approval along with satisfactory evidence which indicates that the sound attenuation measures specified in the approved acoustical report(s) have been incorporated into the design of the project. The acoustical analysis shall be prepared by an expert or authority in the field of acoustics. All residential lots and dwellings shall be sound attenuated against present and projected noises, which shall be the sum of all noise impacting the project, so as not to e~ceed an exterior standard 65 dba CNEL in outdoor living areas and an interior standard of 45 dba CNEL in all habitable rooms is required. Evidence prepared under the supervision of an acoustical consultant that these standards will be satisfied in a manner consistent with applicable zoning regulations'shall be provided. B, Provide an acoustical study at plan check for units adjacent to the future high school site, identifying any and all necessary mitigation measures to ensure interior noise levels of 45 dBa CNEL and exterior noise levels of 65 dBa CNEL. C, Due to the project's location under the Browning Corridor, a complete noise study shall be conducted and submitted to the City for review. In addition to Community Noise Equivalency Levels (CNEL) said study provides information on single event noise measurements as generated by helicopter flyovers for information purposes only. 11) 6.2 Prior to issuance of any Certificates of Use or Occupancy, field testing in (3) accordance with the Title 25 regulations shall be required by the Building Official to verify compliance with STC and IIC design standards. .' (1) 6.3 All construction operations including engine warm up shall be ~ubject to the (9) provisions of the City of Tustin Noise Ordinance and shall take place only during the hours of 7:00 a.m. until 6:00 p.m,, Monday through Friday unless the Building Official determines that said activity will be in substantial conformance with the Noise Ordinance and the public health and safety will not be impaired subject to applicatio'n being made at the time the permit for the work is awarded or during progress of the work. Resolution No. 2694 Exhibit A Page seven CCR'S , (1) 7.1 Prior to approval of the final map, all organizational documents for the (3) project including any deed restrictions, covenants, conditions, and (8) restrictions shall be submitted to and approved by the Community Development (9) Department and City Attorney's Office. Costs for such review shall be borne by the subdivider. A copy of the final documen'ts shall be submitted to the Community Development Department after their recordation. CCR's shall include but not be limited to the following provisions: A® Since the City is interested in protecting the public health and safety and ensuring the quality and maintenance of common areas under control of a Homeowner's Association, the City shall be included as a party to the CCR's for enforcement purposes of those CC&R provisions in which the City has interest, as reflected by the following B through O. However, the City shall not be obligated to enforce the CCR's. B. The requirement that association bylaws be established. Ce De Provisions for effective establishment, operation, management, use, repair and maintenance of all common areas and facilities including landscaped areas and lots, recreation areas, pools and spas, walls and fences, private roadways (i.e., walks, sidewalks, trails) and paseos. Membership in any H~meowner's Association shall be inseparable from ownership in individual lots. E® Architectural controls shall be provided and may include but not be limited to provisions regulating exterior finishes, roof materials, fences and walls, accessory structures such as patios, sunshades, trellises, gazebos, awnings, room additions, exterior mechanical equipment, television and radio antenna. F. Maintenance standards shall be provided for applicable items listed in Section C above in CCR's. Examples of maintenance standards are shown below: (1) All common area landscaping and private lawn areas visible from any public way shall be properly maintained such that they are evenly cut, evenly edged, free of bare or brown spots, free of debris and free of weeds above the level of the lawn. All planted areas other than lawns shall be free of weeds, dead vegetation and debris. All trees and shrubs shall be trimmed so they do not impede pedestrian traffic along the walkways. Trees shall be pruned so they do not intrude into neighboring property and shall be maintained so they do not have droppings or create other nuisances to neighboring property. All trees shall also be root pruned to eliminate exposed surface roots and damage to sidewalks, driveways and structures. Resolution No. 2694 Exhibit A Page eighl~ (2) All private roadways, sidewalks and paseos shall be maintained so that they are safe for users. Sign.ificant pavement cracks, pavement distress, excessive slab settlement, abrupt vertical variations and debris on travel ways should be removed or repaired promptly. (3) Common areas shall be maintained in such a manner as to avoid the reasonable determination of a duly authorized official of the City that a public nuisance has been created by the absence of adequate maintenance such as to be detrimental to public health, safety, or general welfare, or that such a condition of deterioration or disrepair cause harm or is materiallj detrimental to property values or improvements within the boundaries of the subdivision and Homeowner's Association, tosurrounding property, or to property or improvements within three hundred (300) feet of t'he property may also be added as alternative language. G. Homeowner's Association approval of exterior improvements requiring a building permit shall be obtained prior to requesting a building permit from the City of Tustin Community Development Department. All plans for exterior improvements shall conform to requirements set forth by the City and the CCR's. H. Residents shall not store or park any non-motorized vehicles, trailers or motorized vehicles that exceed 7 feet high, 7 feet wide and 19 feet long in any parking, driveway or private street area except for purpose of loading, unloading, making deliveries or emergency repairs except that the Homeowner's Association may adopt rules and regulations to authorize exceptions. I. Parking spaces shall be permanently and irrevocably assigned to individual condominium units at rates of one space per studio unit , 1.5 spaces per one bedroom unit, and two spaces per two bedroom unit. A total of 60 guest parking spaces shall be established and maintained within the common'area and shall be marked and used for.- - guest parking only. ! J. The occupants of the studio units (Plan A) shall be restricted to a maximum of one vehicle per unit within the project. K. Condominium units shall not have separate external television and radio antennas. Either a central antennae shall be provided with connections to each unit via underground or internal wall wiring, or each unit shall be prewired and served by an underground cable antenna service provided by a company licensed to provide such service within the city. L. All utility services serving the site shall be installed and maintained underground. Resolution No. 2694 Exhibit A Page ni ne M. The Association shall be required to file the names, addresses, and telephone numbers of at least one member of the Association Board and where applicable, a Manager of the project before january 1st of each year with the City of Tustin Community Development Department for the purpose of contacting the association in the case of emergency or in those cases where the City has an interest in CC & R violations. N. Disclosure information shall be provided related to aircraft noise impacting the subdivision, as approved by the City of Tustin Community Development Department. O. Perimeter project block walls to be constructed on private property shall be maintained and replaced, if necessary by a Homeowner's Association. This shall not preclude a Homeowner's Association from assessing charges to individual property owners for structural damage to the wall or fence. P. No amendment to alter, modify, terminate or change the Homeowner's Association's obligation to maintain the common areas and the project perimeter wall or other CC&R provisions in which the City has an interest, as noted above, or to alter, modify, terminate or change the City's right to enforce maintenance of the common areas and maintenance of the project perimeter wall, shall be effective without the prior written approval of the City of Tustin Community Development Department. Q. Owners of units adjacent to the boundary between Parcel 1 and Parcel 2 of Parcel Map 88-315 shall be informed of potential development of a high school on Parcel 2. TENANT/HOMEBUYER NOTIFICATION (1) 8.1 Prior to issuance of Certificate of Occupancy: A. A document separate from the deed shall be recorded which will be an information notice to future tenants/homebuyers of aircraft noisE-. impacting the subdivision. The notice shall further indicate that additional building upgrades may be necessary for noise attenuation. This determination to be made as architectural drawings become available and/or where field testing determines inadequate noise insulation. B. The Subdivider shall submit for review and approval of content by the Director of Community Development, a copy of rental/sales literature for the residential project with the approved aircraft/helicopter noise statement and the approved schools notification statement, printed on it. Any changes to the rental/sales literature after initial City approval shall be submitted to the Director of Community Development for approval. Resolution No. 2694 Exhibit A Pa ge ten C. The subdivider shall submit for review and approval by the Director of Community Development, a copy of the "Notice to Prospective Tenants of Intent to Convert to Condominiums" that shall be provided to all prospective' tenants prior to acceptance of any rent or deposit, in order to comply with Section 66452.51 of the Subdivision Map Act. D. The Subdivider shall provide the City with a copy of the approved aircraft/helicopter noise statement which shall contain a disclosure document on aircraft notification. Said document must be signed by each tenant/homeowner prior to occupancy of any unit. The content of the statement shall be approved by the Director of Community Development prior to circulation. E. The developer shall prov.ide the City with a schools notification statement which shall be reviewed and approved by the Director of Community Development and participation 'by the governing school district which shall indicate: (1) The location of existing and proposed elementary, middle and high schools which will serve the subdivision (text and map). (2) Advice to homebuyers that proposed school sites may never be constructed. F. The Subdivider shall provide the City with a statement which must be signed by each tenant/homebuyer which shall contain a comprehensive description of all private and public improvements and developments adjacent or in close proximity to the proposed development. (1) 8.2 Subdivider. shall notify all ~otential homebuyers of the following 6) Assessment/Maintenance Districts affecting the property: A. Assessment District 85-1 B. City of Tustin 1982 Landscaping and Lighting District as amended. FEES (1) 9.1 Prior to recordation of any final map, Subdivider shall pay plan check and (3) inspection fees for all public and/or private infrastructure improvements (6) within City's responsibility excluding those financed by an Assessment (9) District. (1) 9.2 Prior to issuance of certificates of use or occupancy, the Subdivider shall (6) pay all costs related to the calculation of the revised parcel assessments, the preparation of the revised assessment diagram and other required administrative duties related to any Assessment Districts applicable to the subdivision. Resolution No. 2694 Exhibit A Page eleven (1) 9.3 Prior to issuance of any building perlnits, pa~vment shall be made of all (3) required fees including: (6) (9) A. Major thoroughfare and bridge fees to Tustin Public Works Department. B. Sanitary sewer connection fee to Orange County Sanitation District. Ce Grading plan checks and permit fees to the Community Development Department. De All applicable Building plan check and ~ermit fees to the Community Development Department. E. New development fees to the Community Development Department. F® School facilities fee to the Tustin Uniq:ied School District subject to any agreement reached and executed between the District and the Irvine Company. Ge East Tustin Facility Fees for Civic Center Expansion, Irvine Boulevard widening and Fire Protection Facility/Equ. ipment (as revised on November 1, 1989) based on methodology established in Resolution No. 88-12. GENERAL (1) 10.1 Within 24 months from tentative map approval, th'e Subdivider shall file with appropriate agencies, a final map prepared in accordance v~ith subdivision requirements of the Tustin Municipal Code, the State Subdivision Map Act, and applicable conditions contained herein unless an extension is granted pursuant to Section 9335.08 of the Tustin Municipal Code. (1) 10.2 Prior to occupancy of any units as condominiums, the Subdivider shall record a final map in conformance with appropriate tentative map. (1) 10.3 Prior to final map approval. A. Subdivider shall submit a current title report. B, Provision for landscaping maintenance and ownership of landscape lots along Myford Road and Heritage ~'~ay shall be the responsibility of the adjoining property owners and/or Homeowner's Association of Tract 13735. (1) 10.4 Prior to actual conversion of rental units to condominium units for sale, the subdivider shall complete construction and obtain final building permit approval for 100 additional covered parking space structures required by the East Tustin Specific Plan (two covered parking spaces per each two bedroom unit compared to one covered space per two bedroom unit for apartments.) An estimated schedule for construction of said structures shall be submitted for review by the Community Development Department prior to final map approval. Resolution No. 2694 Exhibit A Page twelve C. Subdivider shall submit a duplicate mylar of the Final Map, or 8 1/2 inch by 11 inch transparency of each map sheet prior to final map approval and "as built" grading, landscape and improvement plans prior to certificate of acceptance. (1) 10,4 Subdivider shall conform to all applicable requirements of the State (9) Subdivision Map Act, the City's Subdivision Ordinance, in the East Tustin .... (5) Specifc Plan and Development Agreement, EIR 85-2, and applicable conditions (2) for Final Parcel Map 88-315, as contained in Planning Commission Resolution No. 2627, incorporated herein by reference. (1) 10.5 The cumulative number of residential units for which certificates of occupancy (5) may be issued shall not exceed the cumulative total or square feet of occupied revenue generating uses or equivalents as shown in the East Tustin Specific Plan Development Agreement. 10.6 The Browning Corridor Aviation Easement and G.C.A. Easement as outlined in the Memorandum of Understanding dated July, 1985-between the United States Marine Corps., the City of Irvine and the City of Tustin, shall be indicated.on Tract Map 13735. 10.7 Prior to release of building permits, all conditions of approval of Design Review 88-46 and Conditional Use Permit 89-32 for t~ie subject project shall be complied with as shown on Exhibit A attached to Resolution 2693 and incorporated herein by reference. ,, 10.8 Reciprocal access (vehicular, parking and pedestrian) easements between all lots created by Vesting Tentative Tract 13735 shall be noted on any final map. 10.9 Applicant shall sign and return an Agreement to Conditions Imposed form prior to issuance of any permits. 10.10 Prior to issuance of any permits, the subdivider shall submit a list of proposed street names for review and approval by the City's Street Naming Committee. 10.11 Approval of this Vesting Tentative Tract Map shall be subject to City Council approval of Final Parcel Map 88-315. 10.12 Within 90 days of completion of a high school, the subdivider shall install security gates at all vehicular entries. Plans for said gates shall be reviewed and approved by the Community Development Department prior to installation. SR:kbc