HomeMy WebLinkAboutAB1449 - Density BonusesREQUEST:
CITY OF PALM DESERT
COMMUNITY SERVICES DEPARTMENT
STAFF REPORT
ACTION ON AB14,J64 )54-SI
•.SLAT V R'EVIEW COMMITTEE
ET> MARCH 27
2007
ItECEIVED OTHER
DATE: April 12, 2007 ►FIERTING DATE /4-(�-p`i
AYES : tJ VISvn, Ferguspn, Pner /T toi) Ke ty
CONTENTS: AB1449 LanguageNOES. Alone
ABSENT: N/ e,
RECOMMENDATION: ABSTAIN: M nnCr
VERIFIED BY: k_O Kir
By Minute Motion, concur with the actior 44?harbg%AfivAgOe m gitAftoffice
meeting of March 27, 2007, and direct staff to prepare a letter of opposition for the Mayor's
signature with regard to AB1449 (Saldana) relative to Density Bonuses.
EXECUTIVE SUMMARY:
Passage of AB1449 would revise the eligibility requirements for construction of moderate
income housing units to conform to the requirements in existing law for low and very low
income housing units.
BACKGROUND:
The Planning and Zoning Law requires a city to provide a housing developer with a density
bonus and other incentives or concessions for the production of lower income housing
units or the donation of land within a development if the developer proposes a housing
development that meets certain requirements. AB1449 would revise the eligibility
requirements for construction of moderate income housing units to conform to the
requirements in existing law for low and very -low income housing units and would make
changes in related provisions of existing law. The revision of the eligibility requirements for
moderate -income units would impose additional administrative requirements on local
government and would establish an unfunded state mandated local program.
Because the City of Palm Desert opposes any legislation enacted by the State, which
would impose an unfunded State mandate, the Legislative Review Committee
recommends that the City Council oppose AB1206 and direct staff to prepare a letter
stating that position to appropriate Legislators for the Mayo j signature.
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CONSIDERATION •
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2007 CA A 1449
AUTHOR: Saldana
VERSION: Introduced
VERSION DATE: 02/23/2007
ASSEMBLY BILL No. 1949
INTRODUCED BY Assembly Member Saldana
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FEBRUARY 23, 2007
An act to amend Sections 65915 and 65917.5 of the Government Code, relating to housing.
LEGISLATIVE COUNSEL'S DIGEST
AB 1449, as introduced, Saldana. Density bonus.
(1) The Planning and Zoning Law requires a city, county, or city and county to provide a housing
developer with a density bonus and other incentives or concessions for the production of lower income
housing units or the donation of land within a development, if the developer proposes a housing
development within the jurisdiction of the local government and meets certain requirements, including a
requirement that the developer agrees to construct a specified percentage of the total units for specifted
income households or qualifying residents.
This bill would revise the eligibility requirements for construction of moderate- income housing units
to conform to the requirements in existing law for low- and very low income housing units and would
make changes in related provisions of existing law. Because the revision of eligibility requirements for
moderate- income units would impose additional administrative requirements on local government, the
bill would establish a state-mandated local program.
(2) The California Constitution requires the state to reimburse local agencies and school districts for
certain costs mandated by the state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 65915 of the Government Code is amended to read:
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65915. (a) When an applicant seeks a density bonus for a housing development within, or for the
donation of land for housing within, the jurisdiction of a city, county, or city and county, that local
government shall provide the applicant incentives or concessions for the production of housing units and
child care facilities as prescribed in this section. All cities, counties, or cities and counties shall adopt an
ordinance that specifies how compliance with this section will be implemented.
(b) (1) A city, county, or city and county shall grant one density bonus, the amount of which shall be
as speci6ed in subdivision (g), and incentives or concessions, as described in subdivision (d), when an
applicant for a housing development seeks and agrees to construct a housing development, excluding
any units permitted by the density bonus awarded pursuant to this section, that will contain at least any
one of the following:
(A)Ten percent of the total units of a housing development for lower income households, as defined
in Section 50079.5 of the Health and Safety Code.
(B) Five percent of the total units of a housing development for very low income households, as
defined in Section 50105 of the Health and Safety Code.
(C) A senior citizen housing development as defined in Sections 51.3 and 51.12 of the Civil Code, or
mobilehome park that limits residency based on age requirements for housing for older persons pursuant
to Section 798.76 or 799.5 of the Civil Code.
(D) Ten percent of the total dwelling units in a common interest development as defined in Section
1351 of the Civil Code for persons and families of moderate income, as defined in Section 50093 of the
Health and Safety Code,provided that all units in the development are offered to the public for
purchase.
(2) For purposes of calculating the amount of the density bonus pursuant to subdivision (�, the
applicant who requests a density bonus pursuant to this subdivision shall elect whether the bonus shall
be awarded on the basis of subparagraph (A), (B), (C), or(D) of paragraph (1).
(c)(-�j-An applicant shall agree to, and the city, county, or city and county shall ensure, continued
affordability of all�-moderate-, low- , and_very low income units that qualified the applicant for
the award of the density bonus for 30 years or a longer period of time if required by the construction or
mortgage financing assistance program, mortgage insurance program, or rental subsidy program. Rents
for the lower income density bonus units shall be set at an affordable rent as defined in Section 50053 of
the Health and Safety Code. Owner-occupied units shall be available at an affordable housing cost as
defined in Section 50052.5 of the Health and Safety Code.
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(d) (1) An applicant for a density bonus pursuant to subdivision (b) may submit to a city, county, or
city and county a proposal for the specific incentives or concessions that the applicant requests pursuant
to this section, and may request a meeting with the city, county, or city and county. The city, county, or
city and county shall grant the concession or incentive requested by the applicant unless the city, county,
or city and county makes a written finding, based upon substantial evidence, of either of the following:
(A) The concession or incentive is not required in order to provide for affordable housing costs, as
defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as
specified in subdivision (c).
(B) The concession or incentive would have a specific adverse impact, as defined in paragraph (2) of
subdivision (d) of Section 65589.5, upon public health and safety or the physical environment or on any
real property that is tisted in the California Register of Historical Resources and for which there is no
feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the
development unaffordable to low- and moderate-income households.
(2) The applicant shall receive the following number of incentives or concessions:
(A) One incentive or concession for projects that include at least 10 percent of the total units for lower
income households, at least 5 percent for very low income households, or at least 10 percent for persons
and families of moderate incorrte in a common interest development.
(B) Two incentives or concessions for projects that include at least 20 percent of the total units for
lower income households, at least 10 percent for very low income households, or at least 20 percent for
persons and families of moderate income in a common interest development.
(C) Three incentives or concessions for projects that include at least 30 percent of the total units for
lower income households, at least 15 percent for very low income households, or at least 30 percent for
persons and families of moderate income in a common interest development.
(3) The applicant may initiate judicial proceedings if the city, county, or city and county refuses to
grant a requested density bonus, incentive, or concession. If a court finds that the refusal to grant a
requested density bonus, incentive, or concession is in violation of this section, the court shall award the
plaintiff reasonable attorney's fees and costs of suit. Nothing in this subdivision shall be interpreted to
require a local government to grant an incentive or concession that has a specific, adverse impact, as
defined in paragraph (2) of subdivision {d) of Section 65589.5, upon health, safety, or the physical
environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific
adverse impact. Nothing in this subdivision shall be interpreted to require a local government to grant an
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incentive or concession that would have an adverse impact on any real property that is listed in the
California Register of Historical Resources. The city, county, or city and county shall establish
procedures for carrying out this section, that shall include legislative body approval of the means of
compliance with this section. The city, county, or city and county shall also establish procedures for
waiving or modifying development and zoning standards that would otherwise inhibit the utilization of
the density bonus on specific sites. These procedures shall include, but not be limited to, such items as
minimum lot size, side yard setbacks, and placement of public works improvements.
(e) In no case may a city, county, or city and county apply any development standard that will have
the effect of precluding the construction of a development meeting the criteria of subdivision (b) at the
densities or with the concessions or incentives permitted by this section. An applicant may submit to a
city, county, or city and county a proposal for the waiver or reduction of development standards and
may request a meeting with the city, county, or city and county. If a court finds that the refusal to grant a
waiver or reduction of development standards is in violation of this section, the court shall award the
plaintiff reasonable attorney's fees and costs of suit. Nothing in this subdivision shall be interpreted to
require a local government to waive or reduce development standards if the waiver or reduction would
have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon
health, safety, or the physical environment, and for which there is no feasible method to satisfactorily
mitigate or avoid the specific adverse impact. Nothing in this subdivision shall be interpreted to require
a local government to waive or reduce development standards that would have an adverse impact on any
real property that is listed in the California Register of Historical Resources.
(� The applicant shall show that the waiver or modification is necessary to make the housing units
economically feasible.
(g)For the purposes of this chapter, "density bonus" means a density increase over the otherwise
maximum allowable residential density
as of the date of application by the applicant to the city, county, or city and county. The
applicant may elect to accept a lesser percentage of density bonus. The amount of density bonus to
which the applicant is entitled shall vary according to the amount by which the percentage of affordable
housing units exceeds the percentage established in subdivision (b).
(1) For housing developments meeting the criteria of subparagraph (A) of paragraph (1) of
subdivision (b), the density bonus shall be calculated as follows:
Percentage Low-Income Percentage Density Bonus Units
io 20
11 21.5
12 23
13 29 . 5
14 26
15 27.5
17 30.5
18 32
19 33. 5
20 35
(2) For housing developments meeting the criteria of subparagraph (B) of paragraph (1) of
subdivision (b), the density bonus shall be calculated as follows: Percentage Very Low Percentage
Density Bonus Income Units
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5 20
6 22.5
7 25
8 27.5
9 30
10 32.5
11 35
(3) For housing developments meeting the criteria of subparagraph (C) of paragraph (1) of
subdivision (b), the density bonus shall be 20 percent.
(4) For housing developments meeting the criteria of subparagraph (D) of paragraph (1) of
subdivision (b), the density bonus shall be calculated as follows:
Percentage Moderate- Percentage Density Bonus Income Units
10 5
11 6
12 7
13 g
19 9
15 10
16 11
17 12
18 13
19 14
20 15
21 16
22 17
23 18
24 19
25 20
26 21
27 22
28 23
29 24
30 25
31 26
32 27
33 28
34 2g
35 30
36 31
37 32
38 33
39 34
40 35
(5) All density calculations resulting in fractional units shall be rounded up to the next whole number.
The granting of a density bonus shall not be interpreted, in and of itself, to require a general plan
amendment, local coastal plan amendment, zoning change, or other discretionary approval. As used in
subdivision (b), "total units" or "total dwelling units" does not include units permitted by a density
bonus awarded pursuant to this section or any local law granting a greater density bonus. The density
bonus provided by this section shall apply to housing developments consisting of five or more dwelling
units.
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(h) (1) When an applicant for a tentative subdivision map, parcel map, or other residential
development approval donates land to a city, county, or city and county as provided for in this
subdivision, the applicant shall be entitled to a 15-percent increase above the otherwise maximum
allowable residential density
p�n-for the entire development, as follows: Percentage Very Low Percentage Density Bonus Income
10 15
11 16
12 17
13 18
19 19
15 20
16 21
17 22
18 23
19 29
20 25
21 26
22 27
23 28
24 29
25 30
26 31
27 32
28 33
29 34
30 35
(2)This increase shall be in addition to any increase in density mandated by subdivision (b), up to a
maximum combined mandated density increase of 35 percent if an applicant seeks both the increase
required pursuant to this subdivision and subdivision (b). All density calculations resulting in fractional
units shall be rounded up to the next whole number. Nothing in this subdivision shall be construed to
enlarge or diminish the authority of a city, county, or city and county to require a developer to donate
land as a condition of development. An applicant shall be eligible for the increased density bonus
described in this subdivision if all of the following conditions are met:
(A)The applicant donates and transfers the land no later than the date of approval of the final
subdivision map, parcel map, or residential development application.
(B) The developable acreage and zoning classification of the land being transferred are sufficient to
permit construction of units affordable to very low income households in an amount not less than 10
percent of the number of residential units of the proposed development.
(C) The transferred land is at least one acre in size or of sufficient size to permit development of at
least 40 units, has the appropriate general plan designation, is appropriately zoned for development as
affordable housing, and is or will be served by adequate public facilities and infrastructure. The land
shall have appropriate zoning and development standards to make the development of the affordable
units feasible. No later than the date of approval of the final subdivision map, parcel map, or of the
residential development, the transferred land shall have all of the permits and approvals, other than
building permits, necessary for the development of the very low income housing units on the transferred
land, except that the local government may subject the proposed development to subsequent design
review to the extent authorized by subdivision (i) of Section 65583.2 if the design is not reviewed by the
local government prior to the time of transfer.
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(D) The transferred land and the affordable units shall be subject to a deed restriction ensuring
continued affordability of the units consistent with paragraphs (1) and (2) of subdivision (c), which shall
be recorded on the property at the time of dedication.
(E) The land is transferred to the local agency or to a housing developer approved by the local agency.
The local agency may require the applicant to identify and transfer the land to the developer.
(F) The transferred land shall be within the boundary of the proposed development or, if the local
agency agrees, within one-quarter mile of the boundary of the proposed development.
(i) (1) When an applicant proposes to construct a housing development that conforms to the
requirements of subdivision (b) and includes a child care facility that will be located on the premises of,
as part of, or adjacent to, the project, the city, county, or city and county shall grant either of the
following:
(A) An additional density bonus that is an amount of square feet of residential space that is equal to or
greater than the amount of square feet in the child care facility.
(B) An additional concession or incentive that contributes significantly to the economic feasibility of
the construction of the child care facility.
(2) The city, county, or city and county shall require, as a condition of approving the housing
development, that the following occur:
(A)The child care facility shall remain in operation for a period of time that is as long as or longer
than the period of time during which the density bonus units are required to remain affordable pursuant
to subdivision (c).
(B) Of the children who attend the child care facility, the children of very low income households,
lower income households, or families of moderate income shall equal a percentage that is equal to or
greater than the percentage of dwelling units that are required for very low income households, lower
income households, or families of moderate income pursuant to subdivision (b).
(3)Notwithstanding any requirement of this subdivision, a city, county, or a city and county shall not
be required to provide a density bonus or concession for a child care facility if it finds, based upon
substantial evidence, that the community has adequate child care facilities.
(4) "Child care facility," as used in this section, means a child day care facility other than a family day
care home, including, but not limited to, infant centers,preschools, extended day care facilities, and
schoolage child care centers.
(j) "Housing development," as used in this section,means one or more groups of projects for
residential units constructed in the planned development of a city, county, or city and county. For the
purposes of this section, "housing development" also includes a subdivision or common interest
development, as defined in Section 1351 of the Civil Code, approved by a city, county, or city and
county and consists of residential units or unimproved residential lots and either a project to
substantially rehabilitate and convert an existing commercial building to residential use or the
substantial rehabilitation of an existing multifamily dwelling, as defined in subdivision (d) of Section
65863.4,where the result of the rehabilitation would be a net increase in available residential units. For
the purpose of calculating a density bonus,the residential units do not have to be based upon individual
subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing
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development other than the areas where the units for the lower income households are located.
(k) The granting of a concession or incentive shall not be interpreted, in and of itself, to require a
general plan amendment, local coastal plan amendment, zoning change, or other discretionary approval.
This provision is declaratory of existing law.
(1) For the purposes of this chapter, concession or incentive means any of the following:
(1) A reduction in site development standards or a modification of zoning code requirements or
architectural design requirements that exceed the minimum building standards approved by the
California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of
Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and
square footage requirements and in the ratio of vehicular parking spaces that would otherwise be
required that results in identifiable, financially sufficient, and actual cost reductions.
(2) Approval of mixed use zoning in conjunction with the housing project if commercial, office,
industrial, or other land uses will reduce the cost of the housing development and if the commercial,
office,,industrial, or other land uses are compatible with the housing project and the existing or planned
development in the area where the proposed housing project will be located.
(3) Other regulatory incentives or concessions proposed by the developer or the city, county, or city
and county that result in identifiable, financially sufficient, and actual cost reductions.
This subdivision does not limit or require the provision of direct financial incentives for the housing
development, including the provision of publicly owned land, by the city, county, or city and county, or
the waiver of fees or dedication requirements.
(m)Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or
application of the California Coastal Act(Division 20 (commencing with Section 30000) of the Public
Resources Code.
(n)Nothing in this section shall be construed to prohibit a city, county, or city and county from
granting a density bonus greater than what is described in this section for a development that meets the
requirements of this section or from granting a proportionately lower density bonus than what is
required by this section for developments that do not meet the requirements of this section. Nothing_in
this section shall be construed.to reauir.e a citv, coun ,_or citv and countv to.grant waivers,
modifcati.ons, incentives�or.concessions, unless the annlicant requests a densitX bon_u.s,
(o) For purposes of this section, the following definitions shall apply:
(1) "Development standard" includes site or construction conditions that apply to a residential
development pursuant to any ordinance, general plan element, specific plan, charter amendment, or
other local condition, law, policy, resolution, or regulation.
(2) "Maximum allowable residential density" means the density allowed under the zoning ordinance,
or if a range of density is permitted, means the maximum allowable density for the specific zoning range
applicable to the project.
(p) (1) Upon the request of the developer, no city, county, or city and county shall require a vehicular
parking ratio, inclusive of handicapped and guest parking, of a development meeting the criteria of
subdivision (b), that exceeds the following ratios:
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(A) Zero to one bedrooms: one onsite parking space.
(B)Two to three bedrooms: two onsite parking spaces.
(C) Four and more bedrooms: two and one-half parking spaces.
(2) If the total number of parking spaces required for a development is other than a whole number, the
number shall be rounded up to the next whole number. For purposes of this subdivision, a development
may provide "onsite parking" through tandem parking or uncovered parking, but not through onstreet
parking.
(3) This subdivision shall apply to a development that meets the requirements of subdivision (b) but
only at the request of the applicant. An applicant may request additional parking incentives or
concessions beyond those provided in this section, subject to subdivision (d).
�No density bonus is rec�uired to be.�ranted if the zonin�ordinance does not�eeify a maximum
density.
SEC. 2. Section 65917.5 of the Government Code is amended to read:
65917.5. (a) As used in this section, the following terms shall have the following meanings:
(1) "Child care facility" means a facility installed, operated, and maintained under this section for the
nonresidential care of children as defined under applicable state licensing requirements for the facility.
(2) "Density bonus" means a floor area ratio bonus over the otherwise maximum allowable density
,
' , ' , , as defned in Qara�ra�h. 2 of subdivision_�� of
Section 65915,of:
(A) A maximum of five square feet of floor area for each one square foot of floor area contained in
the child care facility for existing structures.
(B) A maximum of 10 square feet of floor area for each one square foot of floor area contained in the
child care facility for new structures.
For purposes of calculating the density bonus under this section, both indoor and outdoor square
footage requirements for the child care facility as set forth in applicable state child care licensing
reyuirements shall be included in the floor area of the child care facility.
(3) "Developer" means the owner or other person, including a lessee, having the right under the
applicable zoning ordinance of a city council, including a charter city council, city and county board of
supervisors, or county board of supervisors to make application for development approvals for the
development or redevelopment of a commercial or industrial project.
(4) "Floor area" means as to a commercial or industrial project, the floor area as calculated under the
applicable zoning ordinance of a city council, including a charter city council, city and county board of
supervisors, or county board of supervisors and as to a child care facility, the total area contained within
the exterior walls of the facility and all outdoor areas devoted to the use of the facility in accordance
with applicable state child care licensing requirements.
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(b) A city council, including a charter city council, city and county board of supervisors, or county
board of supervisors may establish a procedure by ordinance to grant a developer of a comrnercial or
industrial project, containing at least 50,000 square feet of floor area, a density bonus when that
developer has set aside at least 2,000 square feet of floor area and 3,000 outdoor square feet to be used
for a child care facility. The granting of a bonus shall not preclude a city council, including a charter city
council, city and county board of supervisors, or county board of supervisors from imposing necessary
conditions on the project or on the additional square footage. Projects constructed under this section
shall conform to height, setback, lot coverage, architectural review, site plan review, fees, charges, and
other health, safety, and zoning requirements generally applicable to construction in the zone in which
the property is located. A consortium with more than one developer may be permitted to achieve the
threshold amount for the available density bonus with each developer's density bonus equal to the
percentage participation of the developer. This facility may be located on the project site or may be
located offsite as agreed upon by the deve�oper and local agency. If the child care facility is not located
on the site of the project, the local agency shall determine whether the location of the child care facility
is appropriate and whether it conforms with the intent of this section. The child care facility shalt be of a
size to comply with all state licensing requirements in order to accommodate at least 40 children.
(c) The developer may operate the child care facility itself or may contract with a licensed child care
provider to operate the facility. In all cases, the developer shall show ongoing coordination with a local
child care resource and referral network or local governmental child care coordinator in order ta qualify
for the density bonus.
(d) If the developer uses space allocated for child care facility purposes, in accordance with
subdivision (b), for any purposes other than for a child care facility, an assessment based on the square
footage of the project may be levied and collected by the city council, including a charter city council,
city and county board of supervisors, or county board of supervisors. The assessment shall be consistent
with the market value of the space. If the developer fails to have the space allocated for the child care
facility within three years, from the date upon which the first temporary certificate of occupancy is
granted, an assessment based on the square footage of the project may be levied and collected by the city
council, including a charter city council, city and county board of supervisors, or county board of
supervisors in accordance with procedures to be developed by the legislative body of the city council,
including a charter city council, city and county board of supervisors, or county board of supervisors.
The assessment shall be consistent with the market value of the space. Any penalty levied against a
consortium of developers shall be charged to each developer in an amount equal to the deveioper's
percentage square feet participation. Funds collected pursuant to this subdivision shall be deposited by
the city council, including a charter city council, city and county board of supervisors, or county board
of supervisors into a special account to be used for childcare services or child care facilities.
(e) Once the child care facility has been established, prior to the closure, change in use, or reduction
in the physical size of, the facility, the city, city council, including a charter city council, city and county
board of supervisors, or county board of supervisors shall be required to make a finding that the need for
child care is no longer present, or is not present to the same degree as it was at the time the facility was
established.
(fl The requirements of Chapter 5 (commencing with Section 66000) and of the amendments made to
Sections 53077, 54997, and 54998, by Chapter 1002 of the Statutes of 1987 shall not apply to actions
taken in accordance with this section.
(g) This section shall not apply to a voter-approved ordinance adopted by referendum or initiative.
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SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because a local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act,
within the meaning of Section 17556 of the Government Code.
Copyright 2007 State Net.All Rights Reser ved.
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