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A. RECITALS
1. State housing element law requires each city to make available adequate
sites with appropriate zoning to accommodate its fair share of regional
housing needs as established in the Regional Housing Needs
Assessment; and
2. On April 19, 2011, the Diamond Bar City Council adopted the 2008-2014
Housing Element update, which includes a program to establish a new
land use district allowing High Density Residential development at
30 dwelling units per acre and redesignate sufficient sites to
accommodate at least 466 lower-income residential units for the
2008-2014 planning period; and
3. The 2014-2021 Regional Housing Needs Assessment identifies the City's
share of regional housing need for lower-income households as 490 units
for the planning period; and
4. The following approvals are recommended to the City Council in order to
provide adequate sites with appropriate zoning to accommodate the City's
fair share of regional housing need (hereafter, collectively, the
"Approvals"):
(a) General Plan Amendment to establish a new High Density
Residential -30 (RH-30) land use designation and to make
corresponding text amendments to the General Plan Land Use
Element, as shown in Exhibit A, attached hereto, and change the
land use designation on the Land Use Map for the property
identified as "Site A" in Exhibit B, attached hereto, from Agricultural
948305.1
(b) (AG) to Planning Area 5/High Density Residential -30 (PA-5/RH-30);
and
(c) Development Code Amendment to establish a new High Density
Residential -30 (RH-30) zoning designation and development
regulations as shown in Exhibit C, attached hereto, and
(d) Zone Change to change the zoning designation for the property
identified as "Site A" in Exhibit D, attached hereto, from Agricultural
(AG) to High Density Residential -30 Dwelling Units per Acre
(RH-30), and establish a maximum of 490 housing units for this
site.
5. In accordance to the provisions of the California Environmental Quality Act
(CEQA), Section 15168 et seq., an Environmental Impact Report (EIR)
has been prepared for the Approvals, which found that the Approvals
would not have a significant effect on the environment. Per CEQA
Guidelines Section 15090, the EIR was being reviewed concurrently by
the Planning Commission along with the General Plan Amendment,
Development Code Amendment, and Zone Change; and
6. In accordance with CEQA Guidelines Sections 15090 through 15093, a
resolution recommending City Council certification of the EIR and adoption
of a mitigation reporting and monitoring program for the project was
reviewed by the Planning Commission concurrently with this resolution;
and
7. Notification of the public hearing for this project was published in the San
Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers on
August 2, 2013. Public hearing notices were mailed to property owners
within a 1,000 -foot radius of the parcel on which the zone change is
proposed, as well as all speakers who have previously attended the
scoping meeting or submitted comments in writing, and public notices
were posted at the City's designated community posting sites. In addition
to the published and mailed notices, the project site was posted with a
display board in two locations (Chino Hills Parkway and Rockbury/Deep
Springs Drive) and the notice was posted at three other locations within
the project vicinity; and
8. On August 13, 2013, the Planning Commission conducted a duly noticed
public hearing, solicited testimony from all interested individuals, and
concluded said hearing on that date; and
9. The Planning Commission has determined that the proposed General
Plan Amendment, Development Code Amendment and Zone Change
represent a consistent, logical, appropriate and rational land use
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GPA and ZC PL2013-227
designation and implementing tool that furthers the goals and objectives of
the City's General Plan; and
10. The documents and materials constituting the administrative record of the
proceedings upon which the City's decision is based are located at the
City of Diamond Bar, Community Development Department, Planning
Division, 21810 Copley Drive, Diamond Bar, CA 91765.
RESOLUTION
NOW, THEREFORE, it is found, determined and resolved by the Planning
Commission as follows:
That all of the facts set forth in the Recitals, Part A, of this Resolution are
true and correct;
2, The Planning Commission
General Plan Amendment,
Change for the Affordable
Project (Planning Case No.
as required by Section
conformance with California
hereby recommends City Council approval of
Development Code Amendment, and Zone
Housing Land Use and Zoning Designation
PL2013-227) based on the following findings,
22.70,050 of the Municipal Code and in
Government Code Section 65358:
Finding : The Approvals are internally consistent with the General Plan and
other adopted goals and policies of the City.
Facts in Support of Findin
a. The Approvals will establish a new High Density Residential -30
(RH-30) designation in the General Plan Land Use Element and
Development Code to allow owner- and renter -occupied multi-
family residential development at a density of up to 30 units per
acre, as required by Government Code Section 65583.2(c)(3)(B);
will amend the Land Use Map (Figure 1-2 of the Land Use Element)
to redesignate the property identified as "Site A" in Exhibit B,
attached hereto, from Agricultural (AG) to Planning Area 5/High
Density Residential -30 (PA-5/RH-30); and will amend the Zoning
Map to redesignate the property identified as "Site A" in Exhibit C,
attached hereto, from Agricultural (AG) to High Density
Residential -30 (RH-30) to accommodate the housing needs of
lower-income households commensurate with the Regional
Housing Needs Assessment for the City.
b. For the reasons set forth below, the Approvals are consistent with
the following goals and policies of the 2008-2014 Housing Element-.
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GPA and ZC PL2013-227
GOAL 2 Provide opportunities for development of suitable
housing to meet the diverse needs of existing and future residents.
The RH-30 designation will facilitate a greater diversity of housing
at higher densities than allowed under current land use regulations,
which limit density to 20 units/acre.
GOAL 3 Provide adequate sites through appropriate land use
and zoning designations to accommodate future housing growth.
The Approvals will accommodate future housing growth for all
economic segments of the community, including lower-income
households.
Policy 3.1 Maintain an inventory of potential sites available for
future housing development.
The Approvals will expand the City's inventory of potential housing
development sites.
Policy 3.3 Integrate multi -family residential uses within the Tres
Hermanos Specific Plan.
The Approvals will allow multi -family residential uses within a
portion of the Tres Hermanos area, and would not constrain the
future adoption of a specific plan for the entire Tres Hermanos
area.
GOAL 4 Mitigate potential governmental constraints which
may hinder or discourage housing development in the City.
The RH-30 designation will serve to mitigate governmental
constraints by allowing higher density development than is currently
permitted in the City.
Policy 4.1 Continue to provide regulatory incentives and
concessions to facilitate affordable housing development in the
City.
The increased density permitted under the RH-30 designation will
serve as an incentive to affordable housing development by
reducing the per-unit land cost.
Policy 4.2 Promote the expeditious processing and approval of
residential projects that meet General Plan policies and City
regulatory requirements.
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GPA and ZC PL2013-227
The RH30 zoning regulations allow non -discretionary permit
processing, pursuant to Program 9 of the Housing Element.
GOAL 5 Consistent with the Vision Statement, encourage
equal and fair housing opportunities for all economic segments of
the community.
The RH-30 designation will facilitate the production of lower-cost
housing, which furthers equal housing opportunities for all
economic segments and persons with special needs.
C. For the reasons set forth below, the Approvals are consistent with
Goal 1 and related strategies of the Land Use Element:
Goal I Consistent with the Vision Statement, maintain a mix
of land uses which enhance the quality of life for City residents,
providing a balance of development and preservation of significant
open space areas to assure both economic viability and retention of
distinctive natural features of the community.
The approvals would expand the mix of land uses in the City to
include higher -density residential product types and would also
preserve a significant portion of the site for open space as required
by the Hillside Management Ordinance (Munici,nal Code
Chapter 22.22).
Strategy 1.2.3 Maintain residential areas which protect natural
resources, hillsides, and scenic areas. (a) Development in hillside
areas should be designed to be compatible with surrounding
natural areas, compatible to the extent practical with surrounding
development, aesthetically pleasing, and provide views from
development, but not at the expense of views of the development.
(b) Earthwork in hillside areas should utilize contour or landform
grading. (c) Minimize grading to retain natural vegetation and
topography.
All development within the RH-30 area will be required to be
consistent with this strategy through required compliance with the
Hillside Management Ordinance.
Strategy 1.2,6 Broaden the range of, and encourage
innovation in, housing types. Require developments within all
Residential areas to provide amenities such as common usable,
active open space and recreational areas, when possible.
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GPA and ZC PL2013-227
The RH-30 designation will facilitate greater innovation in housing
types by allowing higher density than currently permitted. New
developments will be required to provide amenities such as open
space and recreational areas in conformance with the RH-30
zoning regulations.
Strategy 1.2.7 Where consistent with the other provisions of
the City's, encourage the provision of low and moderate cost
housing.
The RH-30 land use designation will encourage the provision of
low- and moderate cost housing by reducing the land cost per unit
compared to lower density development.
Strategy 1.5.6 Preserve significant environmental resources
within proposed developments, allow clustering or transferring of all
or part of the development potential of the entire site to a portion of
the site, thus preserving the resources as open space, and
mandating the dedication of those resources to the City or a
conservancy.
The RH-30 land use designation will allow development clustering
in order to preserve sensitive resources and open space.
Strategy 1. 6.4 Encourage clustering within the most
developable portions of project sites to preserve open space and/or
other natural resources. Such development should be located to
coordinate with long-term plans for active parks, passive (open
space) parks, and preserve natural open space areas.
Site A comprises approximately 30 gross acres, of which a net
development area of approximately 16.33 acres is required to
accommodate 490 units at a density of 30 units/acre. The gross
site area allows for clustering development to preserve the most
valuable natural resources and open space on the site.
Strategy 2.2.1 Require that new development be compatible
with surrounding land uses.
The RH-30 zoning regulations require design review to ensure that
future development is compatible with surrounding uses.
Strategy 2.2.2 Prohibit the development of adjacent land uses
with significantly different intensities or that have operational
characteristics which could create nuisances along a common
boundary, unless an effective buffer can be created.
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GPA and ZC PL2013-227
Site A is not immediately adjacent to any residential use. Diamond
Ranch High School is adjacent to the north of the site, and can be
buffered by the difference in elevation as well as placement of
development on the site.
Strategy 3.2. 1 Within the urban residential portions of the
City, require the incorporation of open space and recreational areas
into the design of new projects. Within topographically rugged and
rural areas, emphasize the preservation of natural landforms and
vegetation.
Required compliance with the RH-30 zoning regulations and the
Hillside Management Ordinance will ensure that open space and
recreational areas will be incorporated into the design of any new
development on Site A.
Strategy 3.2. 10 New development shall comply with the City's
Hillside Management Ordinance.
Any residential development within the RH-30 area will be required
to comply with the Hillside Management Ordinance.
Strategy 3.3. 1 Balance the retention of the natural
environment with its conversion to urban form.
Site A comprises approximately 30 gross acres, of which a net
development area of approximately 16.33 acres is required to
accommodate 490 units at a density of 30 units/acre. The gross site
area allows for clustering development to preserve the most
valuable natural areas on the site.
Strategy 3.3. 2 Promote the incorporation of hillside features
into project design.
Required compliance with the Hillside Management Ordinance will
ensure that hillside features are incorporated into future project
design on Site A.
d. For the reasons set forth below, this amendment is consistent with
Strategy 1.1.3 of the Resource Management Element:
Strategy 1. 1. 3 Require that dwelling units and structures
within hillside areas be sited in such a manner as to utilize
ridgelines and landscape plant materials as a backdrop for the
structures and the structures themselves to provide maximum
concealment of cut slopes.
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GPA and ZC PL2013-227
Required compliance with the Hillside Management Ordinance will
ensure that any new development within Site A will be sited in
conformance with this strategy.
e. For the reasons set forth below, the Approvals are consistent with
the Circulation Element:
Goal 2 Provide a balanced transportation system for the safe
and efficient movement of people, goods, and services through the
City.
Future development within Site A will be required to provide an
internal circulation network that includes streets and also
accommodates alternative modes of transportation. This site is
also adjacent to transit routes along Chino Hills Parkway.
Goal 3 Maintain an adequate level of service on area
roadways.
The EIR prepared for the project included an analysis of project
area roadways and levels of service. With the identified mitigation
measures, no significant impacts to roadway level of service would
occur.
f. For the reasons set forth below, the Approvals are consistent with
the Public Services and Facilities Element:
Goal I Provide adequate infrastructure facilities and public
services to support development and planned growth.
Public services and utilities, including water, sewer, gas, electricity,
and other utilities are available to serve future development of
Site A.
3. The Planning Commission recommends that the City Council authorize
the Community Development Director to make such other clerical
revisions to the General Plan and Development Code text and statistical
tables as may be necessary to maintain consistency with the intent of the
Approvals.
4. The Planning Commission further recommends that the Community
Development Department, as part of the 5th Cycle (2014-2021) Housing
Update, evaluate sites other than Site A, including "Tres Herrhanos South"
(as described in the aforementioned EIR under Section 6/Alternatives
Analysis as Alternative 3) and the Kmart property, to accommodate the
City's fair share of the region's lower-income housing need.
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GPA and ZC PL2013-227
The Planning Commission Secretary shall:
(a) Certify to the adoption of this Resolution; and
(b) Forthwith transmit a certified copy of this Resolution to the City Council of
the City of Diamond Bar.
APPROVED AND ADOPTED THIS 13th DAY OF AUGUST, 2013, BY THE PLANNING
COMMISSION OF THE CITY OF DIAMOND BAR.
By:
Steve eve N�elson, Chairm n��
1, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing
Resolution was duly introduced, passed, and adopted, at a regular meeting of the
Planning Commission held on the 13th day of August, 2013, by the following vote:
AYES: Commissioners: Farago, Lin, Shah, VC/Torng, Chair/Nelson
NOES: Commissioners: None
ABSENT: Commissioners: None
ABSTAIN: Commissioners: None
ATTEST:
Greg Gubman, Secretary
ATTACHMENTS:
Exhibit A: Land Use Element Text Revisions
Exhibit B: Amended Land Use Element Map
Exhibit C: Development Code Text Revisions
Exhibit D: Amended Zoning Map
GPA and 7C FL2013-227
Land Use Element Text Revisions
Section E., Strategy 1. 1 - 1 is amended to add a new paragraph (g) as follows:
a_q)_ Designate properties for high-density multi -family use as High Density
Residential -30 (RH-30)- allowinq a maximum net densitv of 30 units/acre
and a minimum n he City's
share of the regional affordable housing need as required by the Regional
IHousing Needs Assessment (RHNA). Net density is the number of
dwelling units divided by the net site area. Net site area is comprised of all
portions of the proiect site, prior. to site development, except for those
portions of the proiect site which: lie within the setbacks of state or
federally designated jurisdictional wetlands° contain plant communities
which should be avoided based on the findings of professional biological
surveys are located within pre-existing public streets, utility easement,
and drainage channels or basins.
Section E., Strategy 1.6.1 is amended to add a new paragraph (e) as follows:
(e) Planning Area 5
PA -5 is entirely surrounded by PA -1, adiacent to Diamond Ranch High
School. PA -5 incorporates a 30 -acre (gross) area designated RH-30 to
accommodate a maximum of 490 high-density multi -family housing units
consistent with the Regional Housing Needs Assessment and the Housing
Element.
The first paragraph of Section F.2 is amended as follows:
"The Element uses certain terminology to describe the land use designations.
The term "density" refers to residential uses and to the population and
development capacity of residential land. Density is described in terms of
dwelling units per gross acre of land (du/ac) unless stated otherwise. For
example, 100 dwelling units occupying 20gross acres of land is 5.0 du/ac."
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GPA and ZC PL2013-227
Exhibit A (continued)
Table 1-3, General Plan Land Use (fay Category) is amended as follows:
Table I-3
General Plan Land Use (By Category)
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GPA and ZC PL2013-227
Density /
Gross Acres
Gross Acres
Total Gross
Land Use DesignationsPermitted
Intensity
In the City
In Sphere
Acres
Residential Designations
RR Rural Residential
(1 ac/du)
1,392
1,392
RL Low Density Residential
(up to 3 du/ac)
3,089
3,089
RLM Low -Medium Residential
(up to 5 du/ac)
838
838
RM Medium Density Residential
(up to 12 du/ac)
275
275
RMH Medium High Residential
(up to 16 du/ac)
197
197
RH High Density Residential
(up to 20 du/ac)
66
66
RH-30 Hiah Densitv Residential (30
(up to 30 du/net ac)
30
30
units/net acre)
Subtotal
5,887
5,887
Non -Residential Designations
C General Commercial
(25 — I FAR)
172
172
CO Commercial / Office
(25 — 1 FAR)
63
63
OP Professional Office
(25 — 1 FAR)
178
178
I Light Industrial
(25 — I FAR)
93
93
Subtotal
506
506
Mixed Use Designations
PA Planning Areas
(see text)
PA -1
690
690
PA -2
401
401
PA -3
55
55
PA -4
82
82
PA -5
30
30
Subtotal
1,258
1,258
Other Designations(")
PF Public Facilities
27
27
W Water
19
2
21
F Fire
1
1
S School
345
345
PK Park
158
158
GC Golf Course
178
178
OS Open Space
642
642
PR Private Recreation
15
15
AG Agriculture
I du / 5 ac
0
3,589
3,589
Fwy / Major Roads
684
684
Total
9,690
3,59113,281
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GPA and ZC PL2013-227
Table 1-3, General Plan Land Use (By Category) is amended as follows:
Table I-4
Potential Residential and Commercial Growth
(1) Housinc units as of 1/1/2007 (Source:- California Department of Finance and City of Diamond Bar 2008-2014 Housin>;
Element Adopted April 19 2011)
(2) The Planning Network., 1990
(3) City of Diamond Bar 2008-2014 Housing Element (Table B-1). Adopted April 19. 2011. Residential Densities include
Vacant sites and Projects currently approved/not built.
(4) Residential Densities on Vacant Land are assumed at 100% of the maximum permitted density, Includes projects
currently under construction (7/94)
ls) Based on average development intensities consistent with current development patterns on vacant land. Includes
projects currently under construction (7/94)
(6) 2007 Det of Finance Population based on 3.3 13 persons per household at a 1.71% vacancy rate.
(7) Population based on 3.19 persons per household at a 4.5% vacancy rate.
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GPA and ZC PL2013-227
Existing
Potential
Expected
Population at
General Plan
Land Use
Units/Sq. Ft.
Additional
Total
Units/Sq. Ft.
Development
Buildout
Residential
City
18,276 DUSt'1
1,284 DU c3)
19,560
6449922
Sphere
0
718 DUS
718
2,200
5,865,000 Sq. Ft. (2)
1,550,000 Sq.Ft.(5)
7,415,000
Commercial/
Industrial
(1) Housinc units as of 1/1/2007 (Source:- California Department of Finance and City of Diamond Bar 2008-2014 Housin>;
Element Adopted April 19 2011)
(2) The Planning Network., 1990
(3) City of Diamond Bar 2008-2014 Housing Element (Table B-1). Adopted April 19. 2011. Residential Densities include
Vacant sites and Projects currently approved/not built.
(4) Residential Densities on Vacant Land are assumed at 100% of the maximum permitted density, Includes projects
currently under construction (7/94)
ls) Based on average development intensities consistent with current development patterns on vacant land. Includes
projects currently under construction (7/94)
(6) 2007 Det of Finance Population based on 3.3 13 persons per household at a 1.71% vacancy rate.
(7) Population based on 3.19 persons per household at a 4.5% vacancy rate.
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GPA and ZC PL2013-227
X
M
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M—Mm
Sec. 22.06.020, Table 2-1 is amended as follows:
'General Plan Land Use
Zoning Map Symbol, Zoning District Name Category Implemented by
Zoning District (1)
Residential Zoning Districts
RH-30 High Density Residential -30 High Density Residential -30
Sec. 22.08.020. - Purposes of residential zoning districts, is amended to add as follows:
"The purposes of the individual residential zoning districts and the manner in which they
are applied are as follows.
(7) RH-30 (high density residential -30 dwellinq units per acre) district. The RH-30
zoning district is intended for high-density condominium and apartment developments.
The maximum allowed density for new residential .,projects within this zoning district will
be 30 dwellings per net acre and the minimum density will be 20 dwelling units per net
acre. The RH-30 zoning -district is consistent with the High Density -30 residential land
use categgof the General Plan. When the RH-30 designation isapplied to property
pursuant to Government Code Section 65583.2(h), subsequent review of any complete
development application submitted in the same Housing Element planning period shall
comply with the requirements of Government Code Sec. 65583.2(i).
Sec. 22.08.030, Table 2-3, is amended to add the RH-30 land use district, with the
same permit requirements as applicable in the RH district.
Sec. 22.08.040, Table 2-4, is amended to add the RH-30 land use district, as follows:
Development Feature
RH-30
Minimum lot area
5 acres
Residential density
Maximum: 30dwellingsper net site acre
Minimum: 20 dwellings per net site acre
Setbacks required
(same as RH)
Lot Coverage
60%
Height limit
35 ft.
Hillside development
(Same as RH)
Landscaping
(Same as RH)
Parking
(Same as RH)
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GPA and ZC PL2013-227
Exhibit C (continued)
Sec. 22.48.020. —Applicability, is amended as follows:
(a) Development review. An application for development review is required for
commercial, industrial, and institutional development, and residential projects that
propose one or more single-family dwelling units (detached or attached) or multiple -
family dwelling units and that involve the issuance of a building permit for construction
or reconstruction of a structure(s) meeting the following criteria:
Sec. 22.22.020. — Applicability, is amended to add as follows:
(c) Gendigonal use permits. Hillside developments shall be subjeGt W the appreval ef a
nnnditinnal use permit in nmmplianno with GhonteF 22. Development Review.
Hillside developments shall be subject to Development Review in compliance with
chapter 22.48, except that residential developments in the RH-30 district shall be
subject to non -discretionary development review if required pursuance to Section
22.08.020(7).
Sec. 22.22.050. — Hillside development standards and guidelines, is amended as
follows:
(b) Exceptions. Exceptions to the standards in this chapter may be approved through
the condifienal use permit development review process, when the commission
determines that the exceptions would not materially affect the intent of the standards
and guidelines. In approving a oendifienal use peFMit development review, the
commission shall make appropriate findings supporting the determination in compliance
with the chapter 22.58 ondi+ienal Use Permits) 22.48 (Development Review).
Sec. 22.22.070, Table 3-5 Slope Categories is amended as follows:
Slope Category Natural Slo e' (Percentage)
Site Standards
4. 50% and over
This is an excessive slope
condition and it is anticipated that
residential subdivisions will not
be developed in these areas. If
residential development is
pursued in these areas, lot sizes
may be considerably larger than
the minimum allowed by the
underlying zoning district in order
to comply with the standards and
guidelines of this Chapter.
Actual lot size shall be
determined through the
Develo ment Review process.
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GPA and ZC PL2013-227
Exhibit C (continuedl
Sec. 22.22.080. — Grading, is amended as follows:
(a) Landform grading techniques. The following standards define basic grading
techniques that are consistent with the intent of this chapter and avoid unnecessary
cut and fill. (Figures 3-10 and 3-14). Limitations on project grading amounts and
configurations will be decided on a case-by-case basis under the GonditieRal use
permit development review process.
Sec. 22.22.150. — Evaluation of Genditionai use peFmit development review application,
is amended as follows:
The commission shall evaluate a GenditioRal use permit development review application
for hillside development based on the following objectives and the required findings in
compliance with chapter 22.58 (GGnditiC)Ral Use PeFmits) 22.48 (Development Review).
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GPA and ZC PL2013-227
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