HomeMy WebLinkAboutORD 04 (2005)A.
ORDINANCE NO. o4 (2005)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR ADOPTING DEVELOPMEN CODE AMENDMENT NO. 2005- 02 AND
AMENDING THE DIAMOND BA MUNICIPAL CODE.
RECITALS.
On July 25, 1995, the City of Diamond Bar adopted its General Plan. The General
Plan establishes goals, objecives and strategies to implement the community's
vision for its future.
2. On November 3, 1998, the Ci y of Diamond Bar adopted a Development Code,
Title 22 of the Diamond Bar Mu iicipal Code which contains the Development Code
is now currently applicable to d Dvelopment applications within the City of Diamond
Bar.
3. Administering the Developmer
certain clarifications and modifi
The City of Diamond Bar has dc
the Development Code require
ARTICLE II
Section 22.08.030. Residential
Table 2-3.
Section 22.10.030. Commei
requirements—Table 2-5 and T�
ARTICLE III
Section 22.16.140.
ARTICLE
Second Kii
Section 22.30.040.
Number of
Section 22.42.120.
Secondary
Section 22.42.060.
Guest how,
Section 22.42.080.
Outdoor di,-
i:
ARTICLE 1V
Section 22.48.040.
Section 22.50.060.
Section 22.52.040.
Section 22.54.040.
Section 22.56.040.
Section 22.58.040.
t Code for almost seven years demonstrated that
,ations are needed based on the City's experience.
itermined that the following existing standards within
clarification and/or modification:
zoning district land uses and permit requirements—
:ial/industrial district land uses and permit
Die 2-6.
hen.
larking spaces required. — Table 3-10.
lousing units.
'.s.
y and sales standards.
Developme it Review. findings and decisions.
Temporary Use Permit, action by the director.
Minor Varia ice. findings and decision.
Variance findings and decision.
Minor Cond tional Use Permit, findings and decision.
Conditional Use Permit. findings and decision.
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ARTICLE VI
Section 22.80.010. Definition of specialized terms and phrases.
4. The Planning Commission of the City of Diamond Bar on February 22, 2005
conducted and concluded a duly noticed public hearing with regard to the
Development Code amendmer t and recommended approval of said amendment to
the City Council.
5. Notification of the public hearing for consideration of Development Code
Amendment No. 2005-02 was provided in the San Gabriel Valle Tribune and Inland
Valle Dail Bulletin newspapers on February 18, 2005. Pursuant to and
and
Zoning Law Government Code Section 65091 (a)(3), if the number of property
owners to whom a public hearing notice would be mailed is greater than 1,000, a
local agency may provide notice by placing a display advertisement of at least one -
eight page in at least one newspaper of general circulation. The City placed a one -
eight page display advertiseme it in the above mentioned newspapers of general
circulation. Furthermore, public notices were posted in nine public places (City
Hall/South Coast Air Quality Management District, Diamond Bar Library, Country
Hills Town Center Community Board, Vons/Sav-On Community Board, Ralph's
shopping center - Diamond Bar Boulevard, 21070 Golden Springs Drive - JoAnne
Fabrics, 990 Diamond Bar Boulevard — Oak Tree Shopping Center, 1235 Diamond
Bar Boulevard - Albertson's and Heritage Park) on February 17, 2005.
6. On March 1, 2005, the City Council of the City of Diamond Bar conducted a duly
noticed public hearing with regard to the Development Code Amendment. At that
time, the City Council concluded the public hearing.
7. Following due consideration of public testimony, staff analysis and the Planning
Commission's recommendation, the City Council finds that the Development Code
Amendment set forth herein is consistent with the General Plan.
8. Pursuant to the provisions of the California Environmental Quality Act (CEQA) of
1970, Section 15162(a) of Article 5 of the California Code of Regulations and
guidelines promulgated thereunder, the City Council hereby finds that there is no
substantial evidence that the Development Code Amendment will have a significant
effect on the environment and therefore has determined that Development Code
Amendment No. 2005-02 is consistent with the previously adopted Negative
Declaration No. 1997-03 for the Development Code.' Therefore, no subsequent
Negative Declaration or Mitigated Negative Declaration is required to be prepared.
9. The City Council hereby specifically finds and determines that, having considered
the record as a whole, including the finding set forth above, there is no evidence
before this City Council that the Development Code Amendment proposed herein
will have the potential of an adverse effect on the wildlife resources or the habitat
upon which the wildlife depends. Based upon substantial evidence, this City
Council hereby rebuts the presumption of adverse effects contained in Section
753.5 (d) of Title 14 of the California Code of Regulations.
B. Ordinance.
NOW, THEREFORE, the City
follows:
Incil of the City of Diamond Bar does hereby ordain as
Section 22.08.030. TABLE 2-3 Residential zoning district land uses and permit
requirements.. Article II, Title 22 of the City of Diamond Bar Municipal Code is here by
amended to read as follows:
TABLE 2-3
ALLOWED USES AND PERMIT REQUIREMENTS FOR RESIDENTIAL ZONING
DISTRICTS
Land Uses (1) 1 RR RL RLM RM RMH RH See standards in
section:
RESIDENTIAL USES
Second units P P 22.42. 20
Guest house P P 22.42.60
Section 22.10.030., TABLE 2-5 Commercial/Industrial district land uses and ermit
requirements., Article 11, Title 22 of the City of Diamond Bar Municipal Code is here by
amended by inserting a retail trade use to read as follows:
TABLE 2-5
ALLOWED USES AND PERMIT REQUIREMENTS FOR OFFICE ZONING DISTRICTS
Land Uses(1) OP 7A(1.
CO See standards in section:
RETAIL TRADE USES
Restaurant with outdoor dinina Mcl1 ff IP nnri
Section 22.10.030., TABLE 2-6 Co mercial/Industrial district land uses and permit
requirements., Article 11, Title 22 of the City of Diamond Bar Municipal Code is here by
amended to read as follows:
TABLE 2-6
ALLOWED USES AND PERMIT RE UIREMENTS FOR COMMERCIAL/INDUSTRIAL
ZONING DISTRICTS
Land Uses(1) C-1 C-2 C-3 I See standards in section:
_ RETAIL TRADE USES
Retail sales CUP
Restaurant with outdoor MCUP CUP MCUP 22.16.070, 22.42.080
dinina
Section 22.10.030. TABLE 2-6 Cori mercial/Industrial district land use and ermit
requirements., Article ll, Title 22 of the- City of Diamond Bar Municipal Code is here by
amended to read as follows
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T BLE 2-6
ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAUINDUSTRIAL
ZONING DISTRICTS
Land Uses(1) C-1 C-2 C-3 i See standards
RECREATIONAL, EDUCATION & PUBLICASSEMBLY USES in section:
Schools —Private CUP CUP
Schools — Public p P
Schools — Specialized education and UP CUP CUP
trainingand non -de ree
Studios —photograph, portrait, etc. UP CLIP
Section 22.16.140. Second kitchen.,Article 111, Title 22 of the City of Diamond Bar
Municipal Code is here by inserting s id section to read as follows and inserting said
section to the Table of Contents:
Second kitchens shall be permitted within the Rural Residential (RR) zone in single-family
residences that are a minimum of 6,000 square feet in floor area. A second kitchen shall
not constitute approval of _a second ur it and such kitchen shall not be so located as to
facilitate the establishment of the second independent dwelling including a servant's
quarters.
Section 22.30.040., TABLE 3-10 Number of arkin s aces required., Article 111, Title
22 of the City of Diamond Bar Municipal Code is here by amended to read as follows,-
BLE
ollows:
BLE 3-10
PARKING REQUIREMENTS BY LAND USE AND USE TYPE
Land Use Type Vehicle S aces Re wired
Recreation, education, public assembly
Studios for art, dance and martial arts 1 space for each 150 sq. ft. of gross floor area and 1
s ace for each eMDIOVee
6ection 22.30.040. TABLE 3-10 Numb gr of parking spaces re uired. Article III, Title 22
of the City of Diamond Bar Municipal Cc de is here by amended by deleting the
following land use and vehicle spaces requirement from TABLE 3-10 as follows:
TABLE 3-10
PARKING REQUIREMENTS BY LAND USE AND USE TYPE
Land Use T e Vehicle S aces Re uired
Residential Uses:
W
Section 22.42.120. Second units. At}ticle 111, Title 22 of the City of Diamond Bar Municipal
as
Code is here by amended tc read follows:
The purpose of this section is to imp ement State law and permit second units in certain
residential zones and to ensure that the second unit does not degrade the residential
neighborhood by overcrowding the streets, utilities, parks, open spaces and other
community facilities and downgrading the living environment in the City.. This section
provides standards for the establishnlient of second units.
(1) Second units shall be allowed n the zoning districts specified in Section 22.08.030
(Residential district land uses nd permit requirements) subject to the approval of
the Director.
(2) Number of units allowed.. Only one second unit shall be allowed on a legal single-
family parcel. A single-familyarcel shall not be allowed to have both second unit
and guest house.
(3) Site requirements. The parcel broposed for a second unit shall comply with all the
following requirements: ff
a. The parcel shall have a minimum area of 10,000 gross square feet and a
minimum buildable pad area of 8,000 square feet, a minimum width of 50
feet and a minimum depth of 100 feet; and
b. The parcel shall be developed with not more than one single- primary
residence. The owner of the parcel must live in the primary residence or the
second unit, and shall demonstrate such occupancy to the satisfaction of the
City prior to issuance of permits.
(4) Location of second unit. A seco rid unit maybe within, attached to, or detached from
the existing primary residence. If detached, the second unit shall be located within
the rear portion of the subject parcel and shall be separated from the existing
primary residence a minimum of 10 feet. If attached to or within the primary
residence, a separated entrance shall be provided and said entrance shall not be
located on the front of the prima residential structure or facing the street on which
the primary residence fronts.
(5) Design standards. A second unit shall:
a. Not exceed 600 gross sqL are feet in floor area and is allowed if the parcel is
between 10,000 and 20,0 0 gross square feet with a minimum buildable pad
area of 8,000 square feet and has a minimum width of 50 feet and a
minimum depth of 100 feet,
b. Not exceed 1,200 square feet in gross floor area if the parcel is over 20,000
gross square feet with a minimum 10,000 square feet buildable pad area.
C. Match the architectural style of the primary residence and design features,
such as but not limite to; materials, colors, roofing, scale, surface
treatments and details;
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d. Utilize the same setback requirements as the primary residence; not exceed
one story or 15 feet in height as measured from the natural of finished grade
to highest area of the roofline; not exceed the maximum lot coverage
permitted in the zone where the subject lot is located; and the design of the
second unit shall not cange the character of the surrounding residential
neighborhood;
e. Contain separate kitchen and bathroom facilities and have a separate
entrance from the primary residence; and
f. Contain no more than two bedrooms.
(6) Parking. One off-street parking space shall be provided for the second unit, in
addition to the required and existing parking provided for the primary residence.
Said parking space shall be accessible from the existing driveway approach.
Existing driveway may be widened to accommodate the one off-street parking
space pursuant to Code Section 22.30.080.- Driveways and site access.
(7) Rental of second units. A se and unit may be rented, although rental is not
required.
(8) Sale or subdivision of a second u it. The sale or subdivision of a second residential
unit separate from the primary r sidence shall be prohibited.
(9) Utilities. Utilities serving the sec
shall be common to and dependE
not be provided with separate
issuance of any City permits, th(
from the affected water and sew(
are or will be available to serve t
facilities allowed by the Californi+
City, written certification of acce❑
and unit (e.g., electricity, gas, sewer, and water)
it on the primary residence. The second unit shall
ietered utilities. Furthermore and prior to the
property owner shall submit written certification
district that adequate water and sewer facilities
e proposed second unit. For units using septic
Regional Water Quality Control Board and the
ability shall be submitted.
Section 22.42.060. Guest houses., ArticlIII, Title 22 of the City of Diamond Bar Municipal
Code is here by amended to read as foll ws-
This section establishes standard for the development and operation of guest houses in
zoning districts where guest houses are allowed in compliance with Article 11 (Zoning
Districts and Aflowable band Uses), and s ubject to the approval of the Director provided all
of the following standards are met:
(t) Intended use. A guest house, which may include only a sleeping area, living area,
and bathroom, is intended to provide temporary living quarters within a detached or
attached residential accessory structure, located on the same premises with the
primary residence, for use by guests of the occupants of the premises.
(2) Development standards. The
comply with the following standa
a. Number. A guest house
second unit has been oei
1.1
ition and construction of guest houses shall
and as such may be approved by the Director:
all not be permitted on any parcel for which a
b. Location, A guest house may be within, attached to, or detached from the
existing primary residence. If detached, the guest house shall be located
within the rear portion of the subject parcel.
C. Access. The location of a detached guest house shall provide minimum of
five-foot wide pedestrian access to the main development;
d. Site requirements. The parcel proposed for a guest house shall have a
minimum area of 10,0 0 gross square feet and a minimum buildable pad
area of 8,000 square fe t, a minimum width of 50 feet, and a minimum depth
of 100 feet;
e. Floor area. The guest house floor area shall not exceed 600 square feet if
the parcel is between 10,000 and 20,000 gross square feet. For parcels
greater than 20,000 square feet, the guest house floor area may exceed 600
square feet but shall not be greater than 900 square feet or 30 percent of the
existing living area of the primary residence, whichever is smaller;
f. Architectural compatibility. The architectural style of the guest house in
design features, such as but not limited to, materials, colors, roofing, scale,
surface treatments and details shall match the primary residence.
g. Setbacks. The guest ho se shall: utilize the same setback requirements as
the primary residence; not exceed one story or 15 feet in height as measured
from the natural or finished grade to the highest area of the roofline; not
exceed the maximum lot coverage permitted in the zone where the subject
lot is located; and the de ign of the guest
house shall not chang the character of the surrounding residential
neighborhood;
h. Utilities. Utilities serving the guest house (e.g., electricity, gas, sewer, and
water) shall be common to and dependent on the main dwelling. The guest
house shall not be provided with separate metered utilities;
Plumbing and electrical
required for a single bath
Electrical installation sha
light, and ventilation. Li
shall delineate all plu
compliance with this stan
Kitchens prohibited. The
For the purpose of this
limited to, the following:
installations. Plumbing shall be limited to that
Com, water closet, lavatory, and a shower or tub.
I be limited to the minimum required for heating,
e drawings shall be submitted for approval, and
bing and electrical installations proposed in
uest house shall not contain a kitchen other than.
ection, a kitchen is defined to include, but not
1. Cooking stove with or without an oven;
2. Kitchen sink, cabin 9ts and appurtenant plumbing;
3. Convection ovens; and.
4. All appurtenances, related to the above.
I. Rental is prohibited. Tile guest house shall not be separately rented or
leased from the main dwelling, whether compensation is direct or indirect; or
otherwise used as a separate dwelling.
M. Sale or subdivision of a guest house. The sale or subdivision of a guest
house separate from the primary residence shall be prohibited;
n. Covenant and Agreement. Prior to the issuance of any City permits, the
owner of record shall sign and record a Covenant and Agreement, in a form
provided by the City, which shall place future buyers on notice of the
maximum size of the guest house, that the guest house may not be sold,
transferred or assigned separately from the primary residence, that the
owner of record shall res de on the property and that such restrictions shall
run with the land and sh II be binding upon all future owners.
- - - --W, vULUVVI urs is an sales standards., Article i1I, Title 22 of the City of
Diamond Bar Municipal Code is here b amended to read as follows:
(3) Outdoor dining and seating areas. Outdoor dining and seating areas are allowed
subject to the approval of a Minor Conditional Use Permit, in compliance with
chapter 22.58 (Minor Conditional Use Permits) and the following standards:
a. Alcoholic beverage sales. Areas in which alcoholic beverages will be served
shall comply with the standards established by the State Department of
Alcoholic Beverage Control, and the following standards:
1 . Accessible. The dining area shall be accessible from inside the
restaurant only, unless the director waves this requirement in
circumstances where this is not feasible or practical;
2. Physically defined. The dining area shall be clearly and physically
defined. It shall be Clearly a part of the restaurant serves; and.
3. Supervision. The dining area shall be supervised by a restaurant
employee to ensure compliance with laws regarding on-site
consumption of alcoholic beverages.
b. Parking requirements. Outdoor dining and seating areas shall comply with
the following off-street parking requirements:
Parking calculations. Off-street parking requirements shall be
calculated in compliance with chapter 22.30 (Off -Street Parking and
Loading Standards) The director may reduce or waive parking
requirements for outdoor dining areas less than 400 square feet in
area that are operat d on a seasonal basis; and
2. Additional off-street parking. Outdoor dining areas that are not part of
a specific restaurant, but are used in common . with several
restaurants or tenants within a commercial center, shall not be
required to provide additional off-street parking for these common
outdoor areas.
C. Cleanup facilities. Outdoor dining areas, whether part of a restaurant or
seating in common, shall provide adequate cleanup facilities, and associated
procedures, in the follo ing manner:
1. Cleaning schedule. Outdoor dining areas shall be cleaned on a
continual basis fc r removal of litter and food items which constitute a
nuisance to publi health and safety; and
2. Waste receptacl s. Outdoor dining areas shall contain waste
receptacles for u e by the public and/or restaurant employees.
d. Design compatibility. Outdoor dining and seating areas are subject to
compatibility with surroui iding uses and a high standard of design quality, the
following standards shal be implemented:
1. Compatible elements. Outdoor dining and seating areas and
associated struCtL ral elements, awnings, covers, furniture, umbrellas
or other physical c lements which are visible from the public rights-of-
way, shall be compatible with the overall design of the main
structure(s);
2. Entertainment. Outdoor dining and seating areas that provide
dancing, entertai ment or amplified music shall require the
preparation of a noise analysis with appropriate mitigation measures
to ensure that noise levels will not exceed those specified in chapter
22.28 (Noise Cont ol);
3. Pedestrian experi nce. The use of awnings, plants, umbrellas and
other human scale elements is encouraged to enhance the pedestrian
experience;
4. Potential impacts. Outdoor dining and seating areas and their relation
to churches, hospitals, public schools and residential uses shall be
considered by the review authority. Proper mitigation measures shall
be applied to eliminate potential impacts related to glare, light,
loitering and noise;
5. Obstructions. Outd or dining and seating areas shall not obstruct
vehicular or pedestrian traffic flow and not necessitate the removal of
existing pedestrian or vehicular movement areas;
6. Separation requirements. Outdoor dining and seating areas shall be
separated from resi ential uses, at a minimum distance of 200 feet,
except in mixed-use projects;
7. Setbacks. Outdoor dining and seating areas shall be set back a
minimum of five fee from property lines or parking lots and shall not
encroach on to the public right-of-way.
a. Waste receptacles. Waste receptacles shall be provided in outside
seating areas, where and when appropriate.
9. Americans With
requirements.
e. One year review requir
and seating areas are
director shall conduct a
from the use. If none a
may be granted.
Disabilities Act. Outdoor dining shall meet ADA
Minor Conditional use permits for outdoor dining
bject to review after one year, at which time the
idy to determine if adverse impacts have resulted
found, then a permanent conditional use permit
The Director may wave tf ie Minor Conditional Use Permit process for outdoor
dining in connection wit i an existing approved restaurant if the outdoor
dining does not exceed an occupancy of eight patrons and meets the
development standards i i this section (Section 22.42.080. Outdoor display
and safes standards).
��-w��•+�.�+U. -m s ana aecisi ns., Article 1V Title 22 of the City of Diamond Bar
Municipal Code is here by amended to read as follows:
A development review application shall be reviewed by the applicable review authority
identified in section 22.48..050 (Responsibility for development review), below and shall not
be approved, with or without conditions unless all of the following findings are made:
Section 22.50.060. Action hir the direct Article IV Title 22 of the City of Diamond Bar
Municipal Code is here by amended to ead as follows:
A temporary use permit may be approved, modified, conditioned, or disapproved by the
director, without the requirement for a noticed public hearing. The director shall not
approve, modified, or conditionally approved a temporary use permit application, for up to
one year, unless all of the following findings can be made:
Section 22.52.040. Pintlipricand decision. Article IV Title 22 of the City of Diamond Bar
Municipal Code is here by amended to r ad as.follows:
The director, without the requirement for noticed public hearing, shall record the decision
in writing with the findings on which the decision is based, in compliance with state law, or
may refer the application to the commis ion. A minor variance application shall not be
approved, modified, conditioned, or disa proved by the director, unless all the following
findings can be made:
tiection 22.54.040. Findinrie and decisio ., Article 1V Title 22 of the City of Diamond Bar
Municipal Code is here by amended to r ad as follows:
Following a public hearing, the commission shall record the decision in writing with findings
on which the decision is based, in compliance with state law. The commission shall not
approve a variance application with or without conditions unless all of the following findings
can be made:
Municipal Code is here by amended to
Following a public hearing, the hearing
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Article IV Title 22 of the City of Diamond Bar
I as follows:
r shall record the decision in writing with the
findings on which the decision is based, or may refer the application to the commission.
The minor conditional use permit application shall not be approved, with or without
conditions, unless all of the following findings can be made:
���r�F ��. 00.u4u, rinain s and de ision., Article IV Title 22 of the City of Diamond Bar
Municipal Code is here by amended o read as follows:
Following a public hearing, the commission shall record the decision in writing with the
findings on which the decision is based. The conditional use permit application shall not be
approved, with or without conditions, unless all of the following findings can be made
.jection 22.80.010. Definition of specialized terms and phrases., Article VI Title 22 of the
City of Diamond Bar Municipal Codes here by amended to read as follows:
(b) Definitions, "B". The following definitions are in alphabetical order:
Basement. Habitable and No -habitable space within a structure where less than
one-half of the distance from its floor to ceiling is below grade. A basement shall be
considered a story.
(c) Definitions, "C". The following definitions are in alphabetical order:
(g)
(s)
Cellar. Non -habitable space ithin a structure where one-half or more of the
distance from its floor to ceiling i below grade. A cellar shall be considered a story.
Definitions, "G". The following definitions are in alphabetical order:
Guest house. A detached or attached structure of 300 square feet or more,
accessory to a single-family dwelling, accommodating living/sleeping quarter, but
without kitchen or cooking facilites. (Refer to Section 22.42.060.)
Definitions, "S". The following definitions are in alphabetical order:
School. An institution of learning, whether public or private that offers instruction,
training, testing, apprenticeship, utoring, exam preparation, educational guidance,
counseling and evaluation. Lea ning may occur at training facilities, educational
institutions, and through correspondence, television, Internet, or other means such
as:
Boarding schools
Business, secretarial, and voca&
Community colleges, colleges an
Elementary, middle, and junior hi
Establishments providing course;
High schools
Military academies
Professional schools (law, medici
Seminaries/religious ministry trair
Also includes specialized
Art studio
1
ial schools
universities
h schools
by mail or Internet
le, etc.)
ing facilities
e grant schools offering instructions in:
Ballet and other dance studios
Computers and electronics
Drama studio
Drivers' education
Language
Martial arts studio
Math
Music
Science
Tutorial services
Second unit. A second permanE
accessory to a primary resides
complete, independent living fac
provisions for living, sleeping, e�
(t) Definitions, "T". The following d
nt unit, or "granny flat", attached or detached that is
ice on the same site. A second unit provides
Nties for one or more persons, including permanent
Lting, cooking, sanitation, and parking.
itions are in alphabetical order:
Tutorial services. A type of busir ess designed to provide individualized instructions
to persons generally in fields of c eneral education or the arts with no more that two
students per one instructor on the premises at the same time. Tutorial services, not
in a classroom setting, shall include, but are not limited to, instructing, tutoring,
educational counseling, testing, raining, etc. Students typically do not stay more
than two hours.
PASSED, APPROVED AND ADOPTED THIS
COUNCIL OF THE CITY OF DIAMOND BAR.
a
Wen P. Chang, Ma
I, Linda C. Lowry, City Clea" the City of Di;
Ordinance was introduced at a regular meeting
on the 1st day of h, 2005 and was final
of the City of Diamond Bar held on the 15th i
DAY OF 2005, BY THE CITY
imond Bar do hereby certify that the foregoing
)f the City Council of the City of Diamond Bar held
y passed at a regular meeting of the City Council
lay of _AarGh, 2005 by the following vote:
AYES: Council Members. Zirhe r YTT/O'Connor, /Char,s
NOES: Council Members: None
ABSENT: Council Members: Herrer
ABSTAIN: Council Members: xoj e
Linda C' Lowry, Cit�—Ierl,
City of Diamond Ba
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