HomeMy WebLinkAbout19957 - RESOLUTIONS - 12/20/2000 RESOLUTION NO. 19957
OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS,
CALIFORNIA, APPROVING CASE NO. 5.0850 - PLANNED '
DEVELOPMENT DISTRICT NO.263 AND TENTATIVE TRACT MAP
29695 TO ALLOW FOR A 9 LOT SUBDIVISION AND SINGLE
FAMILY RESIDENTIAL DEVELOPMENT LOCATED ALONG THE
WEST SIDE OF AVENIDA CABALLEROS BETWEEN
COTTONWOOD ROAD AND CHUCKWALLA ROAD, R-2 ZONE,
SECTION 11, AND MAKING FINDINGS IN SUPPORT THEREOF.
WHEREAS, the Coachella Valley Housing Coalition (the "Applicant") has filed an
application with the City, Case No. 5.0850- Planned Development District No. 263 and
Tentative Tract Map 29695,fora 9lotsubdivision and single family residential development
(the Project); and
WHEREAS, notice of a public hearing of the Planning Commission of the City of Palm
Springs to consider Applicant's application for the Projectwas given in accordance with
applicable law; and
WHEREAS, on November 22,2000 a pulbic hearing on the application forthe Projectwas
held by the Planning Commission in accordance with applicable law; and
WHEREAS, on November22, 2000,the Planning Commissionvoted 5-0-2 to recommend
approval of the application to the City Council subject to the findings and conditions stated
in Resolution No. 4722; and '
WHEREAS, notice of a public hearing of the City Council of the City of Palm Springs to
considerthe applications forthe Project was given in accordancewith applicable law; and
WHEREAS, on December 20, 2000, a public hearing on the application for the Planned
Development and Tentative Tract Map was held by the City Council in accordance with
applicable law; and
WHEREAS, the proposed Planned Development District and Tentative Tract Map, is
categorically exempt from the provisions of the California Environmental Quality Act
(CEQA) per Section 15332 (In-Fill Development Projects); and
WHEREAS, the City Council has carefully reviewed and considered all of the evidence
presented in connection with the hearing on the Project, including but not limited to the
staff report, and all written and oral testimony presented.
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Resjolution 19957
Page 2 of 4
Resolution Case No. 5.0850/TTM 29695
December 20, 2000
THE CITY COUNCIL HEREBY FINDS AS FOLLOWS:
Section 1: Pursuant to CEQA, the City Council finds as follows:
This action is categorically exempt from the provisions of the California
Environmental Quality Act (CEQA) per Section 15332 (In-Fill Development
Projects).
Section2: Pursuant to Government Code Section 66473.5,the City Council finds that
the proposed subdivision and the provisions for its design and
improvement are compatible with the objectives,policies, and general land
uses and programs provided in the City's General Plan and any applicable
specific plan; and
Section 3: Pursuant to Government Code Section 65567, the City Council finds that
the proposed subdivision and the provisions for its design and
improvements are compatible with the objectives, policies, and general
land use provided in the City's local open space plan; and
Section 4: Pursuant to Government Code Section 66474, the City Council finds that
with the incorporation of those conditions attached in Exhibit A:
a. The proposed map and preliminary planned development district are consistent
with the applicable general and specific plans.
The subject property is designated as M15(Medium Density Residential)with15
units per acre and is zoned R-2. The application entails subdividing .745 acres
into 9 single family residential lots. The project complies with the General Plan and
will be a beneficial improvement within the neighborhood.
b. The design or improvements of the proposed subdivision are consistent with
the General Plan.
The improvements associated with the proposed subdivision include single family
residential units, sidewalks, and landscaping. The proposed single family
residential units provide off-street parking, adequate frontyard setbacks and have
been designed to be compatible with surrounding developments. All of the
proposed improvements are consistent with the General Plan.
c. The site is physically suitable for the type of development contemplated by the
proposed subdivision.
The project will comply with all R-2 property development standards with the
exception of lot sizes, side yard setbacks, and lot width. Cottonwood Road and
Chuckwalla Road will provide a buffer for the existing residences to the north and
south and single story units are proposed adjacent to existing single story
apartments located to the west. Thus, the project is compatible with the
surrounding neighborhood.
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Resolution 19957
Page 3 of 4
Resolution Case No. 5.0850/1'TM 29695
December 20, 2000 '
d. The site is physically suitable for the. proposed density of development
contemplated by the proposed subdivision.
The project will be compatible with existing land use designations in the
surrounding neighborhood based on the density. The proposed 9 unit development
is consistent with the General Plan designation of 15 units per acre. In this case,
the units would consist of both one-story and two-story units that have been
designed to respect the existing single story buildings in the: neighborhood. The
neighborhood also consists of some existing two-story buildings to the north and
to the west of the subject property. There are existing two-story condominiums
directly across Cottonwood Road to the north that are similar in scale to those
proposed.Two-story multi-family(hotel and residential condominiums)have been
developed westerly of the subject property and have been encouraged to help
redevelop this neighborhood. Thus, the project should be compatible with the
surrounding neighborhood.
e. The site for the proposed use relates to streets and highways properly designed
and improved to carry the type and quantity of traffic to tie generated by the
proposed use.
Conditions of this project will require dedication of right-of-way along Avenida
Caballeros, Chuckwalla Road, and Cottonwood Road so that the streets can be
developed to their ultimate right-of-way as required bythe General Plan such that
these roadways will not be negatively impacted by trips generated from this
project.
f. The conditions to be imposed and shown on the approved site plan are deemed
necessary to protect the public health,safety, and general welfare, including any
minor modifications of the zone's property development standards.
All proposed conditions of approval are necessary to ensure public health and
safety including,but not limited to,the requirements for curb,gutter,and sidewalks.
Additionally, the project design features street trees adjacent to sidewalks,
landscaped front yards, enclosed garages, and deep driveways to provide
adequate off-street parking.
g. A nexus and rough proportionality have been established for requirement of
dedication of the additional right-of-way to the City and the off-site improvements
as related to the tentative tract map.
The off-site improvements, which are required by the Zoning Ordinance, are
related to the project since the property owners must use Avenida Caballeros to
access the site. Currently, the subject property is vacant and therefore little or no
usage of the roads, sidewalks, and utilities is due to the subject property at this
time. However, the future property owners will benefit frorn any improvements
made to Avenida Caballeros such as dedication of easements, sidewalks, and
future widening. The required dedication of right-of-way and improvements will
provide safety benefits to the property owners and will aesthetically enhance the
neighborhood.
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Resolution 19957
Page 4 of 4
Resolution Case No. 5.0850/TTM 29695
December 21, 2100
NOW, THEREFORE, BE IT RESOLVED that, based on the foregoing, the City Council
■■II�� of the City of Palm Springs hereby approves Tentative Tract Map 29695 and Case No.
5.0850-PD-263 subject to those conditions set forth in the attached Exhibit A,which are
to be satisfied prior to issuance of building permits or a Certificate of Occupancy, unless
otherwise specified.
ADOPTED this zOtb day of n_erP bpr 12000.
AYES Members Hodges, Jones, Odeu and Reller—Spurgin
NOES: Mayor Kleindienst
ABSENT: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
City Clerk City ana
REVIEWED & APPROVED AS TO FORM W
HOC y
RESOLUTION NO. 19957
EXHIBIT A
West side of Avenida Caballeros '
between Cottonwood Road and Chuckwalla Road
December 20, 2000
Case No, 5.0850-PD-263
TTM 29695
CONDITIONS OF APPROVAL
Before final acceptance of the project,all conditions listed belowshall be completed to the
satisfaction of the City Engineer, the Director of Planning, the Chief of Police, the Fire
Chief or their designee, depending on which department recommended the condition.
Any agreements, easements or covenants required to be entered into shall be in a form
approved by the City Attorney.
1. The proposed development of the premises shall conform to all applicable
regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other
City Codes, ordinances and resolutions which supplement the zoning district
regulations.
2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, ,
its agents, officers, and employees from any claim,action, or proceeding against
the City of Palm Springs or its agents, officers or employees to attach, set aside,
void or annul,an approval of the City of Palm Springs,its legislative body, advisory
agencies,or administrative officers concerning Case 5.0850-F'D-263/TTM 29695.
The City of Palm Springs will promptly notify the applicant of any such claim,
action, or proceeding against the City of Palm Springs and the applicantwill rather
undertake defense of the matter and pay the City's associated legal costs or will
advance funds to pay for defense of the matter by the City Attorney. If the City of
Palm Springs fails to promptly notify the applicant of any such claim, action or
proceeding or fails to cooperate fully in the defense, the applicant shalN not,
thereafter, be responsible to defend, indemnify,or hold harmless the City of Palm
Springs. Notwithstanding the foregoing, the City retains the right to settle or
abandon the matter without the applicant's consent but should it do so, the City
shall waive the indemnification herein, except, the City's decision to settle or
abandon a matter following an adverse judgement or failure to appeal, shall not
cause a waiver of the indemnification rights herein.
3. The final development plans shall be submitted in accordance with Section
9403.00 of the Zoning Ordinance. Final development plans shall include site
plans, building elevations,floor plans,roof plans,grading plans, landscape plans,
irrigation plans, exterior lighting plans, mitigation monitoring program, site cross
sections, property development standards and othersuch documents as required
by the Planning Commission. Final development plans shall be submitted within ,
two(2)years of the City Council approval of the preliminary planned development
district.
AM /o
Resolution 19957
Page 2 of 8
Conditions of Approval
December 20, 2000
4. The project is subject to the City of Palm Springs Water Efficient Landscape
Ordinance. The applicant shall submit an application for Final Landscape
Document Package to the Director of Planning and Building for review and
approval in conjunction with #6 above. Refer to Chapter 8.60 of the Municipal
Code for specific requirements.
5. Prior to issuance of a grading permit, a Fugitive Dust and Erosion Control Plan
shall be submitted and approved by the Building Official. Refer to Chapter 8.50 of
the Municipal Code for specific requirements.
6. The grading plan shall show the disposition of all cut and fill materials. Limits of
site disturbance shall be shown and all disturbed areas shall be fully restored or
landscaped.
7. Drainage swales shall be provided adjacent to all curbs and sidewalks - 3' wide
and 6"deep. The irrigation system shall be field tested priorto final approval of the
project. Section 14.24.020 of the Municipal Code prohibits nuisance water from
entering the public streets, roadways or gutters.
8. All proposed trees within the public right-of-way and within 10 feet of the public
sidewalk and/or curb shall have City approved deep root barriers installed per City
of Palm Springs Engineering specifications.
9. No exterior downspouts shall be permitted on any facade on the proposed
building(s)which are visible from adjacent streets or residential and commercial
areas.
10. All roof mounted mechanical equipment(if proposed) shall be screened from all
possible vantage points both existing and future per Section 9303.00 of the Zoning
Ordinance. The screening shall be considered as an element of the overall
design and must blend with the architectural design of the building(s). The
exterior elevations and roof plans of the buildings shall indicate any fixtures or
equipment to be located on the roof of the building, the equipment heights, and
type of screening. Parapets shall be at least 6" above the equipment for the
purpose of screening.
11. Perimeterwalls shall be designed, installed and maintained in compliancewith the
corner cutback requirements as required in Section 9302.00.D.
12. The street address numbering/lettering shall not exceed eight inches in height.
13, Prior to the issuance of building permits, locations of all telephone and electrical
boxes must be indicated on the building plans and must be completely screened
and located in the interior of the building. Electrical transformers must be located
toward the interior of the project maintaining a sufficient distance from the
frontage(s) of the project. Said transformer(s) must be adequately and
decoratively screened.
14. Trash cans shall be screened from view and kept within fifty(50)feet of the street.
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Resolution 19957
Page 3 of 8
Conditions of Approval
December 20, 2000
15. An assessment district: must be entered into with the City of Palm Springs to '
maintain the landscaped parkways located in the right-of-way along the street
frontages.
16. The sidewalk along Avenida Caballeros must be a 6 foot, 6 inch to eight (8) foot
wide meandering sidewalk. A majority of this sidewalk should be adjacent to the
curb. The design of this sidewalk must be approved by the Director of Planning
and Building and City Engineer prior to the issuance of building permits.
17. Add a rear yard (orwhere appropriate)tree(s)where two-story units adjoin single-
level units.
HRE:
18. Construction shall be in accordance with the 1998 California Fire Code,the 1998
California Building Code, 1996 National Electrical Code, City of Palm Springs
Ordinance 1570, Desert Water Agency and NFPA 13D (Modified).
19. Approved addresses shall be plainly visible and legible from the street or road
fronting the property per the 1998 California Building Corte. Contact building
official.
20. Construction site fencing required. Fencing shall remain intact until buildings are '
stuccoed or covered and secured with lockable doors and windows. Access
gates shall be at least 14' in width and equipped with a frangible chain and
padlock.
21. Provide a garden hose or hoses on construction site equipped with an adjustable
spray nozzle or nozzles capable of reaching all combustible construction.
22. If the required fire flow of 1250 GPM cannot be metwith the existing water supply
and fire hydrants an automatic fire sprinklersystemwith 24 hour monitoring will be
required. Installation shall be in accordance with NFPA Pamphlet 13D(Modified).
Contact this office as soon as possible.
23. Residential Smoke Detectors shall be installed to protect all sleeping areas in
accordance with the 1998 California Building Code. Contact building official.
24. Each building shall be assigned an individual address and plancheck number.
25. Further comments as conditions warrant.
Resolution 19957
Page 4 of 8
Conditions of Approval
December 20, 2000
ENGINEERING:
■■�� The Engineering Department recommends that if this application is approved, such
approval is subject to the following conditions being completed in compliancewith
City standards and ordinances:
Before final acceptance of the project,all conditions listed below shall be completed to the
satisfaction of the City Engineer.
STREET
26. Any improvements within the street right-of-way require a City of Palm Springs
Encroachment Permit. Work shall be allowed according to Resolution 17950 -
Restricting Street Work on Secondary Thoroughfares,
27 Submit street improvement plans prepared by a Registered Civil Engineer to the
Engineering Department.The plan(s)shall be approved by the City Engineer prior
to issuance of any grading or building permits.
Minimum submittal shall include the following, IF applicable:
A. Copy of signed Conditions of Approval from Planning Department.
B. All agreements and improvement plans approved by City Engineer, IF
applicable.
C. Proof of processing dedications of right-of-way, easements,
encroachment agreements/licenses, covenants, reimbursement
agreements, etc. required by these conditions.
AVENIDA CABALLEROS
28 Dedicate an additional right-of-way of 14 feet to provide the ultimate half street
width of 44 feet along the entire frontage (APN 507-042-011), together with a
property line-corner cut-back at the NORTHEAST corner of the subject property
in accordance with City of Palm Springs Standard Drawing No. 105.
29. Dedicate a property line - corner cut-back at the SOUTHEAST corner of the
subject property (APN 507-042-022) in accordance with City of Palm Springs
Standard Drawing No. 105.
30. Construct a 6 inch curb and gutter 32 feet WEST of centerline along the entire
frontage,with a 35 foot radius curb return atthe NORTHEAST and SOUTHEAST
corners of the subject property per City of Palm Springs Standard Drawing No.
200.
31. Construct a 6' 6" to 8 foot wide colored sidewalk along the entire AVENIDA
CABALLEROS frontage. The construction shall be adjacent to the curb with
colored Portland Cement concrete. The admixture shall be Palm Springs Tan,
Desert Sand, or approved equal color by the Engineering Department. The
concrete shall receive a broom finish.
IPA /3
Resolution 19957
Page 5 of 8
Conditions of Approval
December 20, 2000
32. Construct the SOUTH half of an 8 foot cross gutter and spandrel at the '
intersection of COTTONWOOD AVENUE and AVENIDA CABALLEROS with a
flow line parallel to the centerline ofAVENIDA CABALLEROS in accordance with
City of Palm Springs Standard Drawing No. 200 and 206.
33. Construct the NORTH half of an 8 foot cross gutter and spandrel at the
intersection of CHUCKWALLA ROAD and AVENIDA CABALLEROS with a flow
line parallel to the centerline of AVENIDA CABALLEROS in accordance with City
of Palm Springs Standard Drawing No. 200 and 206.
34. Constructa curb ramp meeting current California State Accessibility standards at
the NORTHEAST and SOUTHEAST corners of the subject property per City of
Palm Springs Std. Dwg. Nos. 212 and 212A.
35. Remove and replace existing pavement with a minimum pavement section of 3
inch asphalt concrete pavement over 6 inch aggregate base with a miinimum
subgrade of 24 inches at 95% relative compaction, OR equal, from edge of
proposed gutter to clean saw cut edge of existing pavement along the entire
frontage in accordance with City of Palm Springs Standard Drawing No. :330 and
110. The pavement section shall be designed, using "R" values, by a licensed
Soils Engineer and submitted to the City Engineer for approval.
36. All broken or off grade CURB, GUTTER and AC PAVEMENT shall be repaired or
replaced.
COTTONWOOD AVENUE
37. Construct a 6 inch curb and gutter 18 feet SOUTH of centerline along the entire
frontage of the subject: property per City of Palm Springs Standard Drawing No.
200. (Remove all cracked or unsuitable existing curb, gutter, sidewalk, and
reconstruct per items No. 37 and No. 39. Remove ALL existing driveway
approaches. The existing curb, gutter and sidewalk which is undamaged shall
remain in place except for proposed driveway approaches which shall be
constructed per item No. 39.)
38. The driveway approaches shall be constructed in accordance with City of Palm
Springs Standard Drawing No. 201 and have minimum widths of 10 feet.
39. Construct a minimum 5 foot wide sidewalk behind the curb along the entire
frontage in accordance with City of Palm Springs Standard Drawing No. 210.
40. Remove and replace existing pavement with a minimum pavement section of 2
1/2 inch asphalt concrete pavement over 4 inch aggregate base with a
minimum subgrade of 24 inches at 95% relative compaction. OR equal, from
edge of proposed gutter to centerline along the entire frontage in accordance
with City of Palm Springs Standard Drawing No. 300 and 110. The pavement '
section shall be designed, using "R" values, by a licensed Soils Engineer and
submitted to the City Engineer for approval.
41. All broken or off grade CURB, GUTTER, SIDEWALK AND AC PAVEMENT shall
be repaired or replaced.
Resolution 19957
Page 6 of 8
Conditions of Approval
December 20, 2000
CHUCKWALLA ROAD
W 42. The existing curb and gutter shall remain in place except for curb cuts necessary
for driveway approaches.
43. The driveway approaches shall be constructed in accordance with City of Palm
Springs Standard Drawing No. 201 and have minimum widths of 10 feet.
44. Construct a minimum 5 foot wide sidewalk behind the curb along the entire
frontage in accordance with City of Palm Springs Standard Drawing No. 210.
45. Remove and replace existing pavement with a minimum pavement section oft'/z
inch asphalt concrete pavement over 4 inch aggregate base with a minimum
subgrade of 24 inches at 95% relative compaction, OR equal, from edge of
existing gutter to centerline along the entire frontage in accordance with City of
Palm Springs Standard Drawing No. 300 and 110.The pavement section shall be
designed, using"R"values, bya licensed Soils Engineer and submitted to the City
Engineer for approval.
46. All broken oroffgrade CURB, GUTTER,AND AC PAVEMENT shall be repaired or
replaced.
SEWER
47. Connect all sanitary facilities to the City sewer system. Each lot shall have a
separate Lateral and shall not be connected at a manhole.
GRADING
48. A copy of a Title Report prepared/updated within the past 3 months and copies of
record documents shall be submitted to the City Engineer with the first submittal
of the Grading Plan.
49. Submit a Grading Plan, with the City of Palm Springs Title Block, prepared by a
Registered Professional to the Engineering Department for plan check. Grading
plan shall be submitted to the Planning Department for comments prior to
submittal to the Engineering Department. The Grading Plan shall be approved by
the City Engineer prior to issuance of any grading or building permits.
Minimum submittal includes the following:
A. Copy of final Planning Department comments regarding the Grading Plan.
B. Copy of signed Conditions of Approval from Planning Department.
�I C. Copy of Site Plan stamped approved and signed by the Planning
Department.
D. Copy of Title Report prepared/updated within past 3 months.
E. Copy of Soils Report, IF required by these conditions.
4% is
Resolution 19957
Page 7 of 8
Conditions of Approval
December 20, 2000
50. Drainage swales shall be provided adjacent to all curbs-3'wide and 6" deep-to '
keep nuisance water from entering the public streets, roadways, or gutters.
51. A soils report prepared by a licensed Soils Engineer shall be required for and
incorporated as an integral partof thegrading plan forthe proposed site.Acopyof
the soils report shall be submitted to the Building Department and to the
Engineering Department along with plans, calculations and other information
subject to approval by the City Engineer prior to the issuance of the grading
permit.
DRAINAGE
52. The developer shall accept all flows impinging upon his land and conduct these
flows to an approved drainage structure. On-site retention/detention or other
measures approved by the City Engineer shall be required if off-site facilities are
determined to be unable to handle the increased flows generated by the
development of the site. Provide calculations to determine if the developed Q
exceeds the capacity of the approved drainage carriers.
53, The project is subject to flood control and drainage implementation flees. The
acreage drainage fee atthe presenttime is$9,212.00 peraCre per Resolution No.
15189. Fees shall be paid prior to issuance of a building permit.
GENERAL '
54. Any utility cuts in the existing off-site pavement made by this development shall
receive trench replacement pavement to match existing pavement (plus one
additional inch. See City of Palm Springs Standard Drawing No. 115. Pavement
shall be restored to a smooth rideable surface.
55. The owner shall enter into a covenant agreeing to underground all existing
overhead facilities on/or adjacent to this property that are less than 351 in the
future upon request of the City of Palm Springs City Engineer at such time as
deemed necessary. The covenant shall be consummated and submitted to the
Engineering Department prior to issuance of a grading permit. An updated title
report or a copy of the current tax bill shall be provided to verify ownership.
56. All proposed utility lines on/oradjacentto this projectshall be undergrounded prior
to issuance of a Certificate of Occupancy.
57. All existing utilities shall be shown on the grading plans.The;existing and proposed
service laterals shall be shown from the main line to the property 'line. The
approved original grading plans shall be as-built and returned to the City of Palm
Springs Engineering Department prior to issuance of the certificate of occupancy.
58. The developer is advised to contact all utility purveyors for detailed requirements '
for this project at the earliest possible date.
59. Nothing shall be constructed or planted in the corner cut-off area of any driveway
which does or will exceed the height required to maintain an appropriate sight
distance per City of Palm Springs Standard Drawing No. 203.
Resolution 19957
Page 8 of 8
Conditions of Approval
December 20, 2000
60. All proposed trees within the public right-of-way and within 10 feet of the public
sidewalk and/or curb shall have City approved deep root barriers installed per City
of Palm Springs Engineering specifications.
MAP
61. The Title Report prepared for subdivision guarantee for the subject property, the
traverse closures forthe existing parcel and all lots created therefrom, and copies
of record documents shall be submitted with the Final Map to the Engineering
Department.
62. The Title Report prepared for subdivision guarantee for the subject property and
the traverse closures for the existing parcel and all areas of right-of-way or
easement dedication shall be submitted to the City Engineer for review and
approval with the Grant Deed.
63. The Final Map shall be prepared by a licensed Land Surveyor or qualified Civil
Engineer and submitted to the Engineering Departmentfor review.Submittal shall
be made prior to issuance of grading or building permits.
TRAFFIC
64. The developershall provide a minimum of 48 inches of sidewalk clearance around
all street furniture, fire hydrants and other above-ground facilities for handicap
accessibility. The developer shall provide same through dedication of additional
right-of-way and widening of the sidewalk or shall be responsible forthe relocation
of all existing traffic signal/safety light poles, conduit, pull boxes and all
appurtenances located on the AVENIDA CABALLEROS,CHUCKWALLA ROAD
and COTTONWOOD ROAD
frontages of the subject property.
65. Construction signing, lighting and barricading shall be provided for on all projects
as required by City Standards or as directed by the City Engineer.As a minimum,
all construction signing, lighting and barricading shall be in accordance with State
of California, Department of Transportation,"MANUAL OF TRAFFIC CONTROLS
FOR CONSTRUCTION AND MAINTENANCE WORK ZONES" dated 1996, or
subsequent additions in force at the time of construction.
66. This property is subjectto the Transportation Uniform Mitigation Fee based on the
SINGLE FAMILY RESIDENTIAL DETACHED ITE Code B land use.
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