HomeMy WebLinkAbout22000 - RESOLUTIONS - 7/25/2007 RESOLUTION NO. 22000
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA APPROVING TENTATIVE
PARCEL MAP 34771 FOR THE SUBDIVISION OF AN
APPROXMATELY 3.73 ACRE PARCEL INTO TWO LOTS,
LOCATED AT 2433 SOUTHRIDGE DRIVE ZONED R-1-A,
SECTION 25, APN 4 510-260-029.
WHEREAS, Gregg Rapp, owner, has filed an application with the City pursuant
to Section 9.62.010 of the Palm Springs Municipal Code, for Tentative Parcel Map
34771; and
WHEREAS, notice of public hearing of the Planning Commission of the City of
Palm Springs to consider TPM 34771 was given in accordance with applicable law; and
WHEREAS, on June 13, 2007 a public hearing on the applications for
architectural approval and subdivision was held by the Planning Commission in
accordance with applicable law; and
WHEREAS, Pursuant to Section 15316 of the California Environmental Quality
Act (CEQA), division of property in urbanized areas zoned for residential use into four or
fewer parcels is Categorically Exempt as a Class II exemption provided the division is in
conformance with the General Plan and zoning, no variances or exceptions are
required, all services and access to the proposed parcels to local standards are
available, and the parcel was not involved in a division of a larger parcel within the last
2-years. ; and
WHEREAS, pursuant to Section 66412.3 of the Subdivision Map Act, the
Planning Commission has considered the effect of the proposed project on the housing
needs of the region, and has balanced these needs against the public service needs of
residents and available fiscal and environmental resources; and
WHEREAS, notice of public hearing of the City Council of the City of Palm
Springs to consider Tentative Parcel Map 34771 was given in accordance with
applicable law; and
WHEREAS, On July 18, 2007, a public hearing on the application for project was
held by the City Council in accordance with applicable law; and
WHEREAS, pursuant to Section 66412.3 of the Subdivision Map Act, the City
Council has considered the effect of the proposed project on the commercial/retail
needs of the community, and has balanced these needs against the public service
needs of residents and available fiscal and environmental resources; and
Resolution No. 22000
Page 2
WHEREAS, the City Council has carefully reviewed and considered all of the
' evidence presented in connection with the meeting on the project, including but not
limited to the staff report, and all written and oral testimony presented.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1: Pursuant to Section 66474 of the Subdivision Map Act, the City Council
makes the following findings:
a. The proposed Tentative Parcel Map is consistent with all applicable general and
specific plans.
The proposed project is consistent with the General Plan designation of L-2 (Very
Low Density residential), which allows a maximum density of two dwelling units
per acre or approximately one dwelling unit per 21,780 square feet. The proposal
is to create a 2.51 acre lot and a 1.22 acre lot.
b. The design and improvements of the proposed Tentative Tract Map are
consistent with the zone in which the property is located.
The subject property is zoned R-1-A (Single Family Residential), which allows
' one dwelling unit per 20,000 square feet of lot area. The subdivision is consistent
with the R-1-A zoning classification.
C. The site is physically suited for this type of development.
This project is to create a 2.51 acre lot with the existing house and create a 122
acre future building site that will have a building pad of approximately 6,800
square feet.
d. The site is physically suited for the proposed density of development.
The project site is a 3.73 acre parcel and the subdivision would create a 2.51
acre lot and a 1.22 acre lot. The proposed density is 0.54 units per acre and the
R-1-A zone allows 2.0 units per acre
e. The design of the subdivision is not likely to cause environmental damage or
substantially and avoidably injure fish, wildlife, or their habitats.
The division does not change the existing development. The existing house will
remain on lot one and the proposed lot two will utilize the existing tennis court area
as the building pad.
f. The design of the subdivision or type of improvements is not likely to cause serious
public health problems.
Resolution No. 22000
Page 3
The existing development includes the provision of public water service and a street
assemblage that provides an orderly system of ordinary and emergency access to
the project.
g. The design of the subdivision or type of improvements will not conflict with
easements, acquired by the public at large, for access through or use of the
property within the proposed subdivision.
There is no known public access across the subject property; therefore, the
subdivision will not conflict with easements for access through or use of the
property. All utilities are located within and around the existing development.
Section 2. The City Council Approves Tentative parcel Map 34771, subject to those
conditions set forth in Exhibit A
ADOPTED THIS 25`h DAY OF JULY, 2007
David H. Ready, City M er
ATTEST°
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es Thompson, City Clerk
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Resolution No. 22000
Page 4
' CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 22000 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on July 25, 2007, by the
following vote:
AYES. Councilmember Foal, Councilmember McCulloch, Councilmember Mills,
Mayor Pro Tern Pougnet and Mayor Oden.
NOES: None.
ABSENT: None.
ABSTAIN: None.
mes Thompson, City Clerk
ity of Palm Springs, California
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Resolution No. 22000
Page 5
' EXHIBIT A
CITY OF PALM SPRINGS
CONDITIONS OF APPROVAL
JULY 25, 2007
TENTATIVE PARCEL MAP 34771
GREGG RAPP
2433 SOUTHRIDGE DRIVE
Before final acceptance of the project, all conditions listed below shall 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.
PROJECT SPECIFIC CONDITIONS
ADMINISTRATIVE
' 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 that 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 TPM 34771. 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 applicant will either
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 shall 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 judgment or failure to appeal, shall not
cause a waiver of the indemnification rights herein.
Resolution No. 22000
Page 6
3. That the property owner(s) and successors and assignees in interest shall
' maintain and repair the improvements including and without limitation sidewalks,
bikeways, parking areas, landscape, irrigation, lighting, signs, walls, and fences
between the curb and property line, including sidewalk or bikeway easement areas
that extend onto private property, in a first class condition, free from waste and
debris, and in accordance with all applicable law, rules, ordinances and regulations
of all federal, state, and local bodies and agencies having jurisdiction at the
property owner's sole expense. This condition shall be included in the recorded
covenant agreement for the property if required by the City.
4. Pursuant to the Subdivision Map Act, Section 66473.1 the design of the
subdivision shall provide, to the extent feasible for future passive or natural
heating or cooling opportunities in the subdivision.
5. That the property owner(s) and successors and assignees in interest shall
maintain all site improvements free from waste and debris, including sidewalks,
bikeways, parking areas, landscape, irrigation, lighting, walls, and fences
between the curb and property line, including any easement areas that extend
onto private property at the property owner's sole expense. This condition shall
be included in the recorded covenant agreement for the property if required by
the City.
' 6. Prior to recordation of the final subdivision map, the developer shall submit for
review and approval the following documents to the Planning Department which
shall demonstrate that the project will be developed and maintained in
accordance with the intent and purpose of the approved tentative map:
a. The document to convey title
b. Deed restrictions, easements, of Covenant Conditions and
c. Restrictions to be recorded.
7. The approved documents shall be recorded at the same time that the subdivision
map is recorded. The documents shall contain provisions for joint access to the
proposed parcels, open space restrictions. The approved documents shall
contain a provision, which provides that they may not be terminated or
substantially amended without the consent of the City and the developer's
successor-in-i nte rest.
ENGINEERING DEPARTMENT
The Engineering Division recommends that if this application is approved, such
approval is subject to the following conditions being completed in compliance with City
standards and ordinances.
' Before final acceptance of the project, all conditions listed below shall be completed to
the satisfaction of the City Engineer.
Resolution No. 22000
Page 7
' SOUTHRIDGE DRIVE
1. All broken or off grade street improvements shall be repaired or replaced.
SANITARY SEWER
2. The applicant shall address concerns stated by the County of Riverside,
Community Health Agency, Department of Environmental Health in its
communication to the City dated March 20, 2007. The applicant shall demonstrate
that the existing on-site private sanitary sewer system for Parcel 1 is located
entirely on Parcel 1, including required 100% expansion area for the existing
leaching system. The applicant shall provide a geotechnical soils report for Parcels
1 and 2 indicating proper soils conditions and area for installation of expansion of
the existing on-site private sanitary sewer system for Parcel 1 and for installation
and expansion of the future on-site private sanitary sewer system for Parcel 2. A
survey of the existing on-site private sanitary sewer system for Parcel 1 and the
geotechnical soils report for Parcels 1 and 2 shall be provided to the City and
Riverside County Department of Environmental Health for review and approval.
The applicant shall be required to obtain a finding of adequacy for installation of a
new on-site private sanitary sewer system for Parcel 2 from the Riverside County
Department of Environmental Health. A formal finding of adequacy shall be
provided to the City Engineer prior to approval of a Parcel Map or a Grading Plan
for the subject property.
3. Upon a formal finding of adequacy for installation of a new on-site private sanitary
sewer system for Parcel 2 from the Riverside County Department of Environmental
Health, a private on-site sanitary sewer system shall be constructed for Parcel 2, in
accordance with City of Palm Springs Ordinance No. 1084. The sewer connection
fee shall be paid prior to issuance of the current building permit (for future
connection). The record property owner shall enter into a covenant agreeing to
extend the private sewer lines the necessary distance to connect to the public
sewer system within one year of official notice that an operating public sewer has
been completed within 500 feet of the lot. The covenant shall be executed and
notarized by the property owner and submitted to the City Engineer prior to
issuance of a grading permit. A current title report or a copy of a current tax bill and
a copy of a vesting grant deed shall be provided to verify current property
ownership. A covenant preparation fee shall be paid by the applicant prior to
issuance of any grading or building permits.
4. Absent a formal finding of adequacy for installation of a new on-site private sanitary
sewer system for Parcel 2 from the Riverside County Department of Environmental
Health, the applicant shall be required to extend public sewer service to Parcel 2
prior to approval of a Parcel Map. Extension of public sewer service shall require
' compliance with the following requirements:
Resolution No. 22000
Page 8
a. Existing sewer plans for Southridge Drive are approved and on file (see Files 4B-
' 1-72 through 4B-1-75, approved July 7, 1983). If used for construction, the
approved sewer plans shall be revised to reflect current "as-built" or record
conditions adjacent to and on-site, as well as to include construction of current
City standards, and submitted to the Engineering Division for review and
approval. Otherwise, new sewer improvement plans prepared by a California
Registered Civil Engineer shall be submitted to the Engineering Division for
review and approval. The new or revised sewer improvement plans shall be
approved by the City Engineer prior to issuance of any permits or approval of a
Parcel Map.
b. Construct an 8 inch V.C.P. sewer main across the entire Southridge Drive
frontage and connect to the existing public sewer system in East Palm Canyon
Drive. All sewer mains constructed by the applicant and to become part of the
public sewer system shall be digitally video recorded prior to acceptance of the
sewer system for maintenance by the City. A computer disc of the video
recording shall be provided to the City Engineer for review. Any defects of the
sewer main shall be removed, replaced, or repaired to the satisfaction of the City
Engineer prior to acceptance.
c. Costs associated with design and construction of the sewer extension may be
reimbursed, pursuant to a Sewer Reimbursement Agreement approved by the
City Council, in accordance with the policies established by Resolution 13773,
and amended by Resolution 15975. Following completion and acceptance of the
off-site sewer extension by the City Engineer, if reimbursement is requested in
writing by the applicant, the applicant shall submit a formal request for
preparation of a Sewer Reimbursement Agreement and a $2,500 deposit for City
staff time associated with the preparation of the Sewer Reimbursement
Agreement, including City Attorney fees. The applicant shall be responsible for
payment of all associated staff time and expenses necessary in the preparation
and processing of the Sewer Reimbursement Agreement with the City Council,
and shall submit additional deposits as necessary when requested by the City,
which are included in the amount that may be reimbursed to the applicant
through the Sewer Reimbursement Agreement. The Sewer Reimbursement
Agreement is subject to the City Council's review and approval at a Public
Hearing, and its approval is not guaranteed nor implied by this condition.
GRADING
5. The existing tennis court and associated improvements located on Parcel 2 shall be
removed prior to approval of a Parcel Map. Submit a Grading Plan prepared by a
California registered civil engineer to the Engineering Division for review and
approval. The Grading Plan shall be approved by the City Engineer prior to
issuance of grading permit.
Resolution No. 22000
Page 9
a. A Fugitive Dust Control Plan shall be prepared by the applicant and/or its grading
contractor and submitted to the Engineering Division for review and approval.
The applicant and/or its grading contractor shall be required to comply with
Chapter 8.50 of the City of Palm Springs Municipal Code, and shall be required
to utilize one or more "Coachella Valley Best Available Control Measures" as
identified in the Coachella Valley Fugitive Dust Control Handbook for each
fugitive dust source such that the applicable performance standards are met.
The applicant's or its contractor's Fugitive Dust Control Plan shall be prepared by
staff that has completed the South Coast Air Quality Management District
(AQMD) Coachella Valley Fugitive Dust Control Class. The applicant and/or its
grading contractor shall provide the Engineering Division with current and valid
Certificate(s) of Completion from AQMD for staff that have completed the
required training. For information on attending a Fugitive Dust Control Class and
information on the Coachella Valley Fugitive Dust Control Handbook and related
"PM10" Dust Control issues, please contact AOMD at (909) 396-3752, or at
www.AQMD.gov. A Fugitive Dust Control Plan, in conformance with the
Coachella Valley Fugitive Dust Control Handbook, shall be submitted to and
approved by the Engineering Division prior to approval of the Grading plan.
b. The first submittal of the Grading Plan shall include the following information: a
copy of final approved conformed copy of Conditions of Approval; a copy of a
final approved conformed copy of the Site Plan; a copy of current Title Report; a
copy of Soils Report.
6. Prior to approval of a Grading Plan, the applicant shall obtain written approval to
proceed with construction from the Agua Caliente Band of Cahuilla Indians, Tribal
Historic Preservation Officer or Tribal Archaeologist. The applicant shall contact the
Tribal Historic Preservation Officer, Richard Begay (760-883-1368), or the Tribal
Archaeologist, Patty Tuck (760-883-1368), to determine their requirements, if any,
associated with grading or other construction. The applicant is advised to contact
the Tribal Historic Preservation Officer or Tribal Archaeologist as early as possible.
If required, it is the responsibility of the applicant to coordinate scheduling of Tribal
monitors during grading or other construction, and to arrange payment of any
required fees associated with Tribal monitoring.
7. A National Pollutant Discharge Elimination System (NPDES) stormwater permit,
issued from the California Regional Water Quality Control Board (Phone No. 760-
346-7491) is required for the proposed development. A copy of the executed permit
shall be provided to the City Engineer prior to issuance of a grading permit. (Include
For projects in excess of 1 acre).
8. A Geotechnical/Soils Report prepared by a California registered Geotechnical
Engineer shall be required for and incorporated as an integral part of the grading
pIan for the proposed development. A copy of the Geotechnical/Soils Report shall
' be submitted to the Engineering Division with the first submittal of a grading plan.
The Geotechnical/Soils Report shall determine requirements for and the adequacy
Resolution No, 22000
Page 10
of the existing site for installation of an on-site private sanitary sewer system, as
' required by the Riverside County Department of Environmental Health.
9. In cooperation with the Riverside County Agricultural Commissioner and the
California Department of Food and Agriculture Red Imported Fire Ant Project,
applicants for grading permits involving a grading plan and involving the export of
soil will be required to present a clearance document from a Department of Food
and Agriculture representative in the form of an approved "Notification of Intent To
Move Soil From or Within Quarantined Areas of Orange, Riverside, and Los
Angeles Counties" (RIFA Form CA-1) prior to approval of the Grading Plan (if
required). The California Department of Food and Agriculture office is located at 73-
710 Fred Waring Drive, Palm Desert (Phone: 760-776-8208).
DRAINAGE
10. All stormwater runoff across the property shall be accepted and conveyed in a
manner acceptable to the City Engineer and released to an approved drainage
system. Stormwater runoff may not be released directly to the adjacent streets
without first intercepting and treating with approved Best Management Practices
(BMP's).
11. Parcel 2 is subject to flood control and drainage implementation fees. The acreage
drainage fee at the present time is $ 7522.00 per acre per Resolution No. 15189.
Fees shall be paid prior to issuance of a building permit on Parcel 2.
GENERAL
12. Any utility trenches or other excavations within existing asphalt concrete pavement
of off-site streets required by the proposed development shall be backfilled and
repaired in accordance with City of Palm Springs Standard Drawing No. 115. The
developer shall be responsible for removing, grinding, paving and/or overlaying
existing asphalt concrete pavement of off-site streets as required by and at the
discretion of the City Engineer, including additional pavement repairs to pavement
repairs made by utility companies for utilities installed for the benefit of the
proposed development (i.e. Desert Water Agency, Southern California Edison,
Southern California Gas Company, Time Warner, Verizon, etc.). Multiple
excavations, trenches, and other street cuts within existing asphalt concrete
pavement of off-site streets required by the proposed development may require
complete grinding and asphalt concrete overlay of the affected off-site streets, at
the discretion of the City Engineer. The pavement condition of the existing off-site
streets shall be returned to a condition equal to or better than existed prior to
construction of the proposed development.
13. On phases or elements of construction following initial site grading (e.g., sewer,
' storm drain, or other utility work requiring trenching) associated with this project, the
applicant shall be responsible for coordinating the scheduled construction with the
Agua Caliente Band of Cahuilla Indians, Tribal Historic Preservation Officer or
Resolution No. 22000
Page 11
Tribal Archaeologist. Unless the project site has previously been waived from any
' requirements for Tribal monitoring, it is the applicant's responsibility to notify the
Tribal Historic Preservation Officer, Richard Begay (760-883-1368), or the Tribal
Archaeologist, Patty Tuck (760-883-1368) for any subsequent phases or elements
of construction that might require Tribal monitoring. If required, it is the
responsibility of the applicant to coordinate scheduling of Tribal monitors during
construction, and to arrange payment of any required fees associated with Tribal
monitoring. Tribal monitoring requirements may extend to off-site construction
performed by utility companies on behalf of the applicant (e.g. utility line extensions
in off-site streets), which shall be the responsibility of the applicant to coordinate
and arrange payment of any required fees for the utility companies.
14. All proposed utility lines shall be installed underground.
15. All existing utilities shall be shown on the improvement plans required for the
project. The existing and proposed service laterals shall be shown from the main
line to the property line.
16. Upon approval of any improvement plan by the City Engineer, the improvement
plan shall be provided to the City in digital format, consisting of a DWG (AutoCAD
2004 drawing file), DXF (AutoCAD ASCII drawing exchange file), and PDF (Adobe
Acrobat 6.0 or greater) formats. Variation of the type and format of the digital data
' to be submitted to the City may be authorized, upon prior approval of the City
Engineer.
17. The original improvement plans prepared for the proposed development and
approved by the City Engineer (if required) shall be documented with record
drawing "as-built" information and returned to the Engineering Division prior to
issuance of a final certificate of occupancy. Any modifications or changes to
approved improvement plans shall be submitted to the City Engineer for approval
prior to construction.
18. 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 Zoning Code Section 93.02.00, D.
MAP
19. A Parcel Map shall be prepared by a California registered Land Surveyor or
qualified Civil Engineer and submitted to the Engineering Division for review and
approval. A Title Report prepared for subdivision guarantee for the subject property,
the traverse closures for the existing parcel and all lots created therefrom, and
copies of record documents shall be submitted with the Parcel Map to the
Engineering Division as part of the review of the Parcel Map. The Parcel Map shall
' be approved by the City Council prior to issuance of building permits.
Resolution No. 22000
Page 12
20. Upon approval of a parcel map, the parcel map shall be provided to the City in
G.I.S. digital format, consistent with the "Guidelines for G.I.S. Digital Submission"
from the Riverside County Transportation and Land Management Agency." G.I.S.
digital information shall consist of the following data: California Coordinate System,
CCS83 Zone 6 (in U.S. feet); monuments (ASCII drawing exchange file); lot lines,
rights-of-way, and centerlines shown as continuous lines; full map annotation
consistent with annotation shown on the map; map number; and map file name.
G.I.S. data format shall be provided on a CDROM/DVD containing the following:
ArcGIS Geodatabase, ArcView Shapefile, Arclnfo Coverage or Exchange file (e00),
DWG (AutoCAD 2004 drawing file), DGN (Microstation drawing file), DXF
(AutoCAD ASCII drawing exchange file) ), and PDF (Adobe Acrobat 6.0 or greater)
formats. Variations of the type and format of G.I.S. digital data to be submitted to
the City may be authorized, upon prior approval of the City Engineer.
TRAFFIC
21. 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.
22. This property is subject to the Transportation Uniform Mitigation Fee which shall be
paid prior to issuance of building permit.
FIRE DEPARTMENT
1. ACCESS: FIRE DEPARTMENT ACCESS ROADS SHALL BE PROVIDED SO
THAT NO PORTION OF THE EXTERIOR WALL OF THE FIRST FLOOR OF
ANY BUILDING WILL BE MORE THAN 150' FROM SUCH ROADS. CFC
902.2.1
2. Water Systems and Hydrants: Underground water mains and fire hydrants
shall be installed, completed, tested and in service prior to the time when
combustible materials are delivered to the construction site. (903 CFC).
Installation, testing, and inspection will meet the requirements of NFPA 24 1995
edition. Prior to final approval of the installation, contractor shall submit a
completed Contractor's Material and Test Certificate to the Fire Department. (9-
2.1 NFPA 24 1995 edition)
3. Operational Fire Hydrant(s): Operational fire hydrant(s) shall be installed within
250 feet of all combustible construction. No landscape planting, walls, or fencing
is permitted within 3 feet of fire hydrants, except groundcover plantings.
' (1001.7.2 CFC)
Resolution No. 22000
Page 13
4. Road Design: Fire apparatus access roads shall be designed and constructed
' as all weather capable and able to support a fire truck weighing 73,000 pounds
GVW. (902.2.22 CFC) The minimum inside turning radius is 30 feet, with an
outside radius of 45 feet.
5. Fire Department Access: Fire Department Access Roads shall be provided
and maintained in accordance with Sections 901 and 902 CFC. (902.1 CFC)
6. MINIMUM ACCESS ROAD DIMENSIONS:
• The Palm Springs Fire Department requirements for two-way private streets,
is a minimum width of 24 feet, unless otherwise allowed by the City engineer.
No parking shall be allowed in either side of the roadway.
• Fire Apparatus Grade requirements: The gradient of fire apparatus access
roads shall not exceed 12%. (902.2.2.6 CFC)
END OF CONDITIONS
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