HomeMy WebLinkAboutMINUTES - 12221992 - D.1 D. 1
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on December 22, 1992 by the following vote:
AYES: Supervisors Powers, Schroder, Torlakson and McPeak
NOES: None
ABSENT: Supervisor Fanden
ABSTAIN: None
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SUBJECT: Decision on Certification of Environmental Impact Report,
Draft General Plan Amendment ( 2-91-SR) , Draft Dougherty
Valley Specific Plan ( 2-92-SP) , Rezoning Application
2993-RZ, Shapell Industries (applicant and owner) , Rezoning
Application 2992-RZ, Windemere Ranch Partners (applicant and
owner) , and Related Development Agreements in the Dougherty
Valley Area.
On December 15 , 1992, the Board of Supervisors deferred to this
date the decisions on the recommendation of the Zoning Administrator
on the certification of the Environmental Impact Report, and on the
recommendation of the Contra Costa County Planning Commission on the
Draft General Plan Amendment for a 6,000 acre area within the
unincorporated area of Contra Costa County located to the east of the
City of San Ramon in the Dougherty Valley on both sides of Dougherty
Valley Road generally south of Crow Canyon Road to the Alameda County
Boundary. The plan amendment affects all mandatory elements of the
adopted general plan and calls for a range of residential densities
and up to 11,000 dwelling units, commercial areas and substantial open
space; Draft Dougherty Valley Specific Plan ( 2-91-SR) which provides
detail and added development requirements to further implement the
proposed Dougherty Valley General Plan Amendment; application
( 2993-RZ) by Shapell Industries (applicant and owner) for approval of
a rezoning with a Preliminary Development Plan approval for
approximately 2,708 acres from Agricultural District (A-80 ) to Planned
Unit Development (P-1) to construct up to 5 , 830 residential units.
The project further incorporates 1, 386 acres of open space and park
and recreation facilities, 26 acres of non-residential uses and 38
acres as public/semi-public uses; application ( 2992-RZ) by Windemere
Ranch Partners (applicant and owner) for approval of a rezoning with a
Preliminary Development Plan for approximately 2,416 acres from
Agricultural District (A-80) to Planned Unit Development (P-1) to
construct up to 5,170 residential units. The project further
incorporates 1 , 145 acres of open space and park and recreation
facilities, 22 acres of non-residential uses and 98 acres of
public/semi-public uses in the Dougherty Valley area; and the
recommendation of the County Zoning Administrator on a request by
Contra Costa County and Windemere Ranch Partners to review and approve
a development agreement (for rezoning 2992-RZ) known as Windemere
Ranch Partners as being consistent with the County General Plan and
Rezoning 2992-RZ in the Dougherty Valley area; and the recommendation
of the County Zoning Administrator on the request by Contra Costa
County and Shapell Industries to review and approve a development
agreement ( for rezoning 2993-RZ) known as Shapell Industries as being
consistent with the County General Plan and Rezoning 2993-RZ in the
Dougherty Valley area.
Jim Cutler, Community Development Department, commented on the
written material before the Board today on the informal direction that
the Board had given to staff at the December 15, 1992 meeting.
The Board and staff discussed the inclusion of the Community
College site.
Supervisor McPeak recommended that the Board recess for a short
period to allow herself and Supervisor Torlakson to meet with the
representatives of the cities who were present to specify if there is
a course of action for cooperation that the Board should further
identify.
The Board reconvened and Supervisor McPeak advised that she and
Supervisor Torlakson had met with representatives of the cities and
advised that she was prepared to take action on some of the items
before the Board today but would first like to meet with County
Counsel for advice on possible legal problems with any action.
The Board adjourned to closed session to discuss legal matters.
The Board reconvened.
Mr. Cutler responded to the question of how does the county
General Plan deal with Measure C 1988, and how is it dealt with in the
Specific Plan.
Steve Goetz, Community Development Department, reviewed how the
approval before the Board are designed to meet the Measure C process
as it relates to traffic level of service standards.
Supervisor Torlakson requested elaboration on the economic
analysis in terms of revenues and the provision of service dollars for
libraries, fire stations, and police services.
Mr. Cutler responded on the fiscal study, financing for fire
facilities and police services, and the matrix.
The Board and staff discussed various concerns including
provision of police services, provision of water, the level of
planning in Dublin, service standards for fire service, and agreements
with the San Ramon School District.
Supervisor Torlakson requested clarification on the concept of
the tiered Environmental Impact Report, specifically relative to
traffic.
Mr. Goetz responded on the issue of traffic.
Supervisor McPeak commented on the resolution prepared by County
Counsel that would outline the Board' s intent for a continuation of
process from this point forward if any decisions were made today, and
she advised that the preliminary development plans and the development
agreements needed more review.
Supervisor Schroder moved to certify the Dougherty Valley Final
Environmental Impact Report.
Mr. Westman indicated for the record that the Board does have a
staff recommended form of order which the Board has reviewed prior to
taking this action and that the Board was concurring with the findings
and declarations made in that order before the Board concerning the
certification.
The vote on the motion was unanimous.
Supervisor Schroder moved to adopt the Dougherty Valley General
Plan Amendment and Dougherty Valley Specific Plan as the Planning
Commission recommended and with the inclusion of the junior college
site within the plan.
Supervisor Torlakson indicated support for the motion.
The vote on the motion was unanimous.
Supervisor McPeak moved to adopt the resolution prepared by Mr.
Westman as the Board has amended it , inserting April 15, 1993 as the
date to assure the process of the roundtable, modifying 1 B. to say
with all the components of Measure C as Supervisor Torlakson has
requested and striking the reference to all those actions that the
Board is not taking actions on today.
The vote on the motion was unanimous.
Supervisor Powers moved adoption of the mitigation monitoring
program before the Board today.
The vote on the motion was unanimous.
Supervisor McPeak moved to defer the decision on the rezoning
applications, preliminary development plans and development agreements
to February 23 , 1993 .
The vote on the motion was unanimous.
IT IS BY THE BOARD ORDERED that Resolution 92/864 in the matter
of the Dougherty Valley tiered FEIR, adoption of CEQA findings and
Statement of Overriding Considerations, adoption of the Mitigation
Monitoring Program in compliance with CEQA and Contra Costa County
CEQA Guidelines is ADOPTED; Resolution 92/865 in the matter of the
Dougherty Valley General Plan Amendment, Minor Adjustment to the Urban
Limit Line is ADOPTED; Resolution 92/866 in the matter of the
Dougherty Valley General Plan Amendment is ADOPTED; Resolution 92/867
in the matter of the Dougherty Valley Specific Plan is ADOPTED;
Resolution 92/868 in the matter of the Dougherty Valley General Plan
Amendment, Specific Plan and Related EIR is ADOPTED; and the decision
on the rezoning applications 2992-RZ and 2993-RZ and preliminary
development plans and related development agreements is CONTINUED to
February 23 , 1993 .
I hereby certify that this is a true and correct
copy of an action taken and entered on the
171-nutes of the Board of Supervisors on the
date shown.(�
ATTESTED: .A �•1 as , 14 12
PHIL BATCHELOR, Clerk of the'Board
of ervis sand Co r ty Adrni��istrator
By T� Deputy
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on December 22 , 1992 , by the following vote:
AYES : Supervisors Powers , McPeak,. Torlakson and Schroder
NOES : None
ABSENT: Supervisor Fanden
ABSTAIN: None
SUBJECT:
In The Matter of Dougherty Valley) RESOLUTION NO. 92/864
Tiered FEIR, Adoption of CEQA )
Findings and Statement of )
Overriding Considerations , )
Adoption of Mitigation Monitoring)
Program in Compliance with CEQA )
and Contra Costa County CEQA )
Guidelines )
The Board of Supervisors of Contra Costa County RESOLVES
that:
On November 6 , 1992 , the County Zoning Administrator
recommended certification of the tiered Final Environmental
Impact Report for the Dougherty Valley General Plan Amendment,
Specific Plan and Related Actions (the "FEIR" ) .
NOW, THEREFORE, BE IT RESOLVED as follows :
The Board of Supervisors ( 1 ) CERTIFIES that the FEIR has
been completed in compliance with CEQA; ( 2) CERTIFIES that the
FEIR was presented to the Board and the Board reviewed and
considered the information contained therein prior to approving
the Dougherty Valley General Plan Amendments ( including Urban
Limit Line modification) or the Dougherty Valley Specific Plan;
( 3 ) FINDS that the FEIR reflects the independent judgment of
Contra Costa County; ( 4 ) ADOPTS the CEQA Findings and Resolutions
Related to the Approval of the Dougherty Valley General Plan
Amendments and Specific Plan including Statement of Overriding
Considerations , which findings are filed with the Clerk of this
Board and incorporated herein. by reference; and ( 5 ) ADOPTS the
Mitigation Monitoring Program for the Dougherty �.1.1_e; pecLti_
Plan Area Final Environmental Impact Report , whi,_:h �-Iit_icta.ticltl
Monitoring Program is filed with the Clerk of this Board. and
incorporated herein by reference .
Orig. Dept. : Clerk of the Board
cc: Director of Community Development
Director of Public Works
County Administrator
Director of Growth Management and Economic Development
County Counsel
Town of Danv_i_l l e
City of San Ramon
I hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: December 22 , 1992
RESOLUTION NO. 921864 PHIL BATCHELOR,Clerk of the Board
iof Supervi rs and Co nt Administrator
v
By AAA ,Deputy
Itb�
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on December22 , 1992 by the following vote:
AYES : Supervisors Powers , McPeak, Torlakson and Schroder
NOES : None
ABSENT: Supervisor Fanden
ABSTAIN: None
SUBJECT:
In The Matter of Dougherty Valley) RESOLUTION NO. 92/865
General Plan Amendment, Minor )
Adjustment to the Urban Limit )
Line )
The Board of Supervisors of Contra Costa County RESOLVES
that:
There is filed with the Clerk of this Board a copy of
Resolution No. 68-1992 , adopted by the Contra Costa County
Planning Commission, recommending an amendment to the County
General Plan (the "Dougherty Valley General Plan Amendment" ) ,
including a minor modification to the County' s Urban Limit Line.
On December 8 , 1992 and December 15 , 1992 , this Board
held hearings on the proposed Dougherty Valley General Plan
Amendment. Notice of said hearings was duly given in the manner
required by law. The Board at the hearings called for testimony
of all persons interested in this matter and numerous people
testified in support of and in opposition to this matter. After
such testimony was completed, this Board closed the public
hearing but allowed further written comment until 5 p.m. ,
December 18 , 1992 , and deferred decision until this date.
The proposed Dougherty Valley General Plan Amendment,
together with other related approvals , was the subject of a
tiered. environmental impact report ("EIR" ) . On this date, by
Resolution No. 92/864 , which resolution is incorporated herein by
reference , this Board certified the EIR and adopted CEQA Findings
and Resolutions Related to Approval of the Dougherty Valley
General Plan Amendments and Specific Plan.
NOW, THEREFORE, BE IT RESOLVED as follows :
1 . Based on substantial evidence in the record, the
Board hereby FINDS that the Urban Limit Line modification
described in the proposed Dougherty Valley General Plan Amendment
will not violate the 65/35 Land Preservation Standard and is a
minor change to the Urban Limit Line that will more accurately
reflect topographical characteristics or legal boundaries .
2 . The Board, having fully considered this matter,
hereby APPROVES by the required 4/5 vote an amendment to the
County's General Plan to modify the Urban Limit Line as
recommended by the County Planning Commission pursuant to
Resolution No. 68-1992 .
3 . The Board further DIRECTS the County Community
Development Department to make this minor modification to the
RESOLUTION NO.' 92/865
Urban Limit Line concurrent with this Board's adoption of the
proposed Dougherty Valley General Plan Amendment.
Orig. Dept. : Clerk of the Board
cc: Director of Community Development
Director of Public Works
County Administrator
Director of Growth Management and Economic Development
County Counsel
Town of Danville
City of San Ramon
I iiereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: December 22 , 1992
PHIL BATCHELOR,Clerk of the Board
of Superviso and Cou ty Administrator
By ,Deouty
I
RESOLUTION NO. 92/865
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THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on December 22 , 1992 , by the following vote:
AYES : Supervisors Powers , McPeak, Torlakson and Schroder
NOES : None
ABSENT: Supervisor Fanden
ABSTAIN: None
SUBJECT:
In The Matter of Dougherty Valley) RESOLUTION NO. 92/866
General Plan Amendment )
The Board of Supervisors of Contra Costa County RESOLVES
that:
There is filed with the Clerk of this Board a copy of
Resolution No. 68-1992 , adopted by the Contra Costa County
Planning Commission, recommending an amendment to the County
General Plan.
. On December 8 , 1992 and December 15 , 1992 , this Board
held hearings on said amendment. Notice of said hearings were
duly given in the manner required by law. The Board at the
hearings called for testimony of all persons interested in this
matter and numerous people testified in support and opposition of
this matter. After such testimony was completed, this Board
closed the public hearing but allowed further written comment
until 5 p.m. , December 18 , 1992 , and deferred decision until this
date.
Said general plan amendment, together with other related
approvals , was the subject of a tiered environmental impact
report ("EIR" ) . On this date , by Resolution No. 92/864 , which
resolution is incorporated herein by reference, this Board
certified the EIR and adopted CEQA Findings and Resolutions
Related to Approval of the Dougherty Valley General Plan
Amendments and Specific Plan.
The Board has , by the required 4/5 vote, approved a
minor modification to the County' s Urban Limit Line as
recommended by the County Planning Commission pili suint to its,
Resolution No. 68-1992 .
NOW, THEREFORE, BE IT RESOLVED as follows :
The Board, having fully considered this matter, hereby
APPROVES an amendment to the County General Plan as recommended
by the County Planning Commission pursuant to Resolution No.
68-1992 except:
1 . The recommendation of the County Planning
Commission with respect to the proposed community college is
deleted. The Dougherty Valley General Plan Amendment is hereby
adopted as drafted with respect to the proposed community
college.
RESOLUTION NO. 92/866
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2 . The Housing Element table contained in the Draft
General Plan Amendment is hereby deleted and in its place is
adopted the appropriate portion of the Housing Element table
adopted by this Board on December 15 , 1992 , pursuant to
Resolution No. 92/854 .
Orig. Dept. : Clerk of the Board
cc: Director of Community Development
Director of Public Works
County Administrator
Director of Growth Management and Economic Development
County Counsel
Town of Danville
City of San Ramon
I hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: pecemhPr 22 . 1992
PWL BATCHELOR,Clerk of the Board
Of Supervisor, and Cou ty dministrator
By = Deputy
RESOLUTION NO. 92/866
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on December 22 , 1992 , by the following vote:
AYES • Supervisors Powers , McPeak, Torlakson and Schroder
NOES: None
ABSENT: Supervisor Fanden
ABSTAIN: None
SUBJECT:
In The Matter of Dougherty Valley) RESOLUTION NO. 92/867
Specific Plan )
The Board of Supervisors of Contra Costa County RESOLVES
that:
There is filed with the Clerk of this Board a copy of
Resolution No. 69-1992 , adopted by the Contra Costa County
Planning Commission, recommending adoption of the Dougherty
Valley Specific Plan.
On December 8 , 1992 , and December 15 , 1992 , this Board
held hearings on said Specific Plan. Notice of said hearings
were duly given in the manner required by law. The Board at the
hearings called for testimony of all persons interested in this
matter and numerous people testified in support and opposition of
this matter. After such testimony was completed, this Board
closed the public hearing but allowed further written comment
until 5 p.m. , December 18 , 1992 , and deferred a decision until
this date.
The Specific Plan includes text and diagrams which
specify all of the following in detail :
a. The distribution, location, and extent of the uses
of land, including open space , within the area covered by the
Specific Plan;
b. The proposed distribution, location, and extent and
intensity of major components of public and private
transportation, sewage, water, drainage , solid waste disposal ,
energy, and other essential facilities proposed to b 1(:)-at,�d
within the area covered by the Specific Plan;
C. Standards and criteria by which the development
will proceed, and standards for the conservation, development,
and utilization of natural resources , where applicable;
d. A program of implementation measures , including
regulations , programs , public works projects , and financing
measures necessary to carry out paragraphs (a) , (b) and (c) ,
above;
e. A statement of the relationship 'of the Specific
Plan to the County General Plan;
RESOLUTION NO. 92/867
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The Specific Plan is . consistent with the County General
Plan as amended by the Dougherty Valley General Plan Amendments
( including Urban Limit Line modification) .
The Specific Plan was the subject of a tiered
environmental impact report ("EIR" ) . On this date, by Resolution
No. 92/864 , which resolution is incorporated herein by reference,
this Board certified the EIR and adopted CEQA Findings and
Resolutions Related to Approval of the Dougherty Valley General
Plan Amendments and Specific Plan.
NOW, THEREFORE, BE IT RESOLVED as follows:
The Board, having fully considered this matter, hereby
APPROVES the Dougherty Valley Specific Plan as recommended by the
County Planning Commission pursuant to its Resolution No. 69-1992
except:
1 . The recommendation of the County Planning
Commission with respect to energy efficiency is deleted. The
recommendation with respect to energy efficiency contained in the
staff report dated November 22 , 1992 is hereby adopted and
incorporated into the Dougherty Valley Specific Plan.
2 . The recommendation of the County Planning
Commission with respect to reclaimed water is deleted. The
Dougherty Valley Specific Plan is hereby adopted as drafted with
respect to reclaimed water.
3 . The recommendation of the County Planning
Commission with respect to the proposed community college site is
deleted. The Dougherty Valley Specific Plan is hereby adopted as
drafted with respect to the proposed community college site.
4 . The basic policies with regard to affordable
housing as recommended by the San Ramon Valley Regional Planning
Commission in Resolution No. 72-1992 are hereby adopted,
including the policy that a minimum of 15% of units in each phase
of development shall be developed as affordable units .
5 . A new policy with regard to the Tri-Valley
Transportation Plan ("TVTP" ) as recommended by the San Ramon
Valley Regional Planning Commission in Resolution No. 72-1992 is
hereby adopted.
6 . County staff is hereby directed that issues
regarding water supply shall be considered in subsequent
environmental review, as part of the tiered EIR process . The
FEIR is the first tier of this process and, accordingly, need not
be the sole environmental document relied upon in applications to
LAFCO with respect to water service .
Orig. Dept. : Clerk 'of the Board
cc: Director of Community Development
Director of Public Works
County Administrator
Director of Growth Management and Economic Development
County Counsel.
Town of Danville
City of San Ramon t hereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
Board of Supervisors on the date shown.
ATTESTED: December 22 , 1992
PH!L BATCHELOR.Clerk of the Board
of Supervis .s and Coun Administrator
0
By Deputy
RESOLUTION NO. 92/867
�"l tai
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on December 22 . 1992 , by the following vote:
' AYES: Supervisors Powers , McPeak, Torlakson and Schroder
NOES: None
ABSENT: Supervisor Fanden
ABSTAIN: None
SUBJECT:
In The Matter of Dougherty ) RESOLUTION NO. 92 868
Valley General Plan Amendment, )
Specific Plan, and related EIR )
The Board of Supervisors of Contra Costa County RESOLVES that:
The Board has issued several approvals related to that certain
unincorporated area of Contra Costa County known as the Dougherty Valley,
which approvals include an amendment to the County's General Plan, and a
minor Urban Limit Line modification (the "General Plan Amendments") and a
specific plan (the "Specific Plan") .
The approvals described above (the "Project Approvals") were the
subject of a tiered environmental impact report (the "EIR") . On this date,
by Resolution No. 92/ 864 , this Board certified the EIR and adopted CEQA
Findings and Resolutions Related to Approval of the Dougherty Valley
General Plan Amendment and Specific Plan. In addition, this Board approved
the General Plan Amendments and the Specific Plan, as modified.
This Board desires to express its intent with respect to certain
matters relating to the future, project-level planning for the Dougherty
Valley. These matters, raised in the Board's hearings on the Project
Approvals and public comment on the EIR, relate to (i) CEQA review of the
traffic-related impacts of future approvals under the tiered structure of
the EIR and (ii) the development of a final program for the provision of
services to and the construction, operation and maintenance of
infrastructure for the Dougherty Valley.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. The County shall continue to participate in good faith in the
"Roundtable" discussions with representatives of the City of San Ramon, the
Town of Danville, and, at its discretion, the City of Dublin, and shall not
terminate these discussions sooner than April 15, 1993 . The purposes of
these discussions shall be the following:
a. To complete a "Dougherty Valley Mitigation Matrix"
("Matrix") , which shall include a complete range of mitigation measures as
identified and discussed in the EIR, project and mitigation phasing, a
financing plan for mitigation measures, and contingency plans.
b. To assure that the Matrix shall be consistent with all
the components of Measure C (1988) .
C. To review in detail the proposed rezonings, preliminary
development plans, and development agreements. The discussions concerning
the development agreements shall take into account further traffic analyses
requested by the Roundtable participants, using the Dougherty Valley EIR
model.
2 . Approvals of final development plans for the Dougherty
Valley, except for the Coyote Creek portion within the East Bay Municipal
RESOLUTION NO. 92/868
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Utilities District service territory, shall consider the use of the 1992
traffic model developed by the Tri-Valley Transportation Council ("TVTC")
for analysis and will be, to the greatest extent possible, consistent with
the Tri-Valley Transportation Plan/Action Plan for Routes of Regional
Significance, as approved by the TVTC and the Contra Costa Transportation
Authority.
3 . The County shall establish a multi-jurisdictional Specific
Plan Oversight Council, consisting of representatives of the City of San
Ramon, the Town of Danville, and this Board, to assist with assuring
compliance with the Matrix, all components of Measure C (1988) , the General
Plan, and the Specific Plan.
4 . Agreements reached through the Roundtable discussions or by
the Specific Plan Oversight Council shall be considered for inclusion in
the Specific Plan by amendment.
In connection with the foregoing, and disregarding any repetition
or inconsistency, IT IS FURTHER RESOLVED AS FOLLOWS:
A. In connection with any future environmental review of the
traffic-related impacts of the development contemplated by the Project
Approvals (e.g. , CEQA review of final development plans or tentative
subdivision maps) , the County shall take into account the 1992 TVTC traffic
model, if such model is relevant at the time such environmental review is
being conducted.
B. Prior to the approval of any final development plan for
development in the Dougherty Valley, and as a condition of approval to any
Preliminary Development Plan, a Mitigation Matrix (including capital
improvement program and operations and maintenance plan) shall be prepared
or submitted to, and approved by, the County. Prior to approval of this
Matrix, the County shall consult with the City of San Ramon and the Town of
Danville.
C. A copy of this Resolution shall be mailed to each of the
members of the Town Council of the City of Danville and the City Council of
the City of San Ramon.
I Ifereby certify that this is a true and correct copy of
an action taken and entered on the minutes of the
cc: County Administrator Board of Supervisors on the date shown.
County Counsel ATTESTED: December 22 , 1992
Director of Community Development PHIL BATCHELOR,Clerk of the Board
Public Works Director of SupervI and Cou dministrator
Town of Danville and a
City of San Ramon Councils By ,Depuri
via Community Development
RESOLUTION NO. 92 868
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