HomeMy WebLinkAboutORD NO 4322
ORDINANCE NO. ¡ S 2 2
AN ORDINANCE ADOPTING A NEGATIVE
DECLARATION AND AMENDING SECTION 17.06.020
(ZONING MAP 142-03) OF TITLE SEVENTEEN OF THE
BAKERSFIELD MUNICIPAL CODE BY CHANGING THE
ZONING FROM R-S-20A (RESIDENTIAL SUBURBAN -
TWENTY ACRE MINIMUM) TO R-1 (ONE FAMILY
DWELLING) ON 31.2 ACRES, GENERALLY LOCATED
WEST OF STINE ROAD AND SOUTH OF TAFT HIGWAY,
EAST OF THE FARMERS CANAL. (ZC NO. 05-0426).
WHEREAS, in accordance with the procedures set forth in the provisions
of Title 17 of the Municipal Code of the City of Bakersfield, the Planning Commission
held a public hearing on a petition to change the land use zoning of those certain
properties in the City of Bakersfield generally located west of Stine Road and south of
Taft Highway, east of the Farmers Canal; and
WHEREAS, by Resolution No. 191-05 on December 15,2005, the
Planning Commission recommended approval and adoption of an ordinance amending
Title 17 of the Municipal Code to approve Zone Change No. 05-0426 as delineated on
attached Zoning Map 142-03 marked Exhibit "A", by this Council and this Council has
fully considered the recommendations made by the Planning Commission as set forth
in that Resolution and restated herein; and
WHEREAS, the Planning Commission, as a result of said hearing, did
make several general and specific findings of fact which warranted a negative
declaration of environmental impact and changes in zoning of the subject property from
R-S-20A (Residential Suburban - Twenty Acre Minimum) to R-1 (One Family Delling)
on 31.2 acres, and the Council has considered said findings as restated herein and all
appear to be true and correct; and
WHEREAS, a Negative Declaration with mitigation was advertised and
posted on November 23, 2005, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows single-family
residential development; and
WHEREAS, the City Council has considered and concurs with the
following findings made by the Planning Commission as set forth in Resolution No. 191-
05, adopted on December 15, 2005:
1. All required public notices have been given.
2. The provisions of the California Environmental Quality Act have
been followed.
3. Based on the intial study and comments received, staff has
determined that the proposed project could not have a significant
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effect on the environment. A Negative Declaration was prepared
for the project in accordance with CEQA.
4. The proposed project is consistent with surrounding uses.
5. The proposed project, as shown on Exhibit "A," is consistent with
the Metropolitan Bakersfield General Plan.
6, The public necessity, general welfare and good planning practices
justify the requested zone change, as shown on Exhibit "A."
7. Based on the absence of evidence in the record as required by
Section 21082.2 of the State of California Public Resources Code
(CEQA) for the purposes of documenting significant effects, it is the
conclusion of the Lead Agency that this project will result in impacts
that fall below the threshold of significance with regard to wildlife
resources and, therefore must be granted a "de minimis" exemption
in accordance with Section 711 of the State of California Fish and
Game Code. Additionally the assumption of adverse effect is
rebutted by the above-referenced absence of evidence in the
record and the lead agency's decision to prepare a Negative
Declaration for this project.
8. The laws and regulations relating to the preparation and adoption
of Negative Declarations as set forth in CEQA, the State CEQA
Guidelines, and the City of Bakersfield CEQA Implementation
Procedures, have been duly followed by city staff and the Planning
Commission.
SECTION 1.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Bakersfield as follows:
1. That the above recitals, incorporated herein, are true and correct.
2. The Negative Declaration is hereby adopted.
3. Section 17.06.020 (Zoning Map) of the Municipal Code of the City
of Bakersfield be and the same is hereby amended by changing
the land use zoning of that certain property in said City, the
boundaries of which property is shown on Zoning Map 142-03
marked Exhibit "A" attached hereto and made a part hereof, and
are more specifically described in attached Exhibit "B ",
4. Such zone change is hereby made subject to the
"Mitigation/Conditions of Approval" listed in attached Exhibit "C",
subject to approval of GPA No. 05-0426.
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SECTION 2.
This ordinance shall be posted in accordance with the Bakersfield
Municipal Code and shall become effective not less than thirty (30) days from and after
the date of its passage,
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I HEREBY CERTIFY that the foregoing Ordinance was passed and
adopted, by the Council of the City of Bakersfield at a regular meeting thereof held on
MAR 8 2006 by the following vote:
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COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN, SCRIVNER
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ABSTAIN:
ABSENT
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
11._.i. ruD'Û<~
PAMELA A. McCARTHY, C
CITY CLERK and Ex Offici Clerk of the
Council of the City of Bakersfield
APPROVED MAR 8 2006
HARVEY L. HALL
Mayor of the City of Bakersfield
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By: ß;1;ucm. ~
Exhibit A - Zoning Map 142-03
B - Zone Change Legal Description
C - Mitigation/Conditions of Approval
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CITY OF BAKERSFIELD ZONING DISTRICT DESIGNATIONS
R-1 One Family Dwelling CoO Professional and Administration Office
6,000 sq.ft. minimum lot size ,
C-1 Neighborhood Commercial
E Estate
10,000 sq.ft. minimum lot size C-2 Regional Commercial
R-S Residential Suburban C-C Commercial Center
24,000 sq.ft.ldwelling unit
CoB Central Business
R-S-1A Residential Suburban
1 acre minimum lot size PCD Planned Commercial Development
R-S-2.5A Residential Suburban M-1 Light Manufacturing
2% acre minimum lot size
M-2 General Manufacturing
R-S-5A Residential Suburban
5 acre minimum lot size M-3 Heavy Industrial
,
R-S-10A Residential Suburban P Automobile Parking
10 acre minimum lot size
RE Recreation
R-2 Limited Multiple Family Dwelling
4,500 sq.ft. min lot size (single family) Ch Church Overlay
6,000 sq.ft. min lot size (multifamily) ,
2,500 sq,ft. lot area/dwelling unit OS Open Space
R-3 Limited Multiple Family Dwelling HOSP Hospital Overlay
6,000 sq,ft, minimum lot size
1,250 sq.ft, lot area/dwelling unit AD Architectural Design Overlay
R-4 Limited Multiple Family Dwelling FP-P Floodplain Primary
6,000 sq.ft. minimum lot size
600 sq.ft. lot area/dwelling unit FP-S Floodplain Secondary
R-H Residential Holding AA Airport Approach
20 acre minimum lot size
DI Drilling Island
A Agriculture
6,000 sq.ft, minimum lot size PE Petroleum Extaction Combining
A-20A Agriculture SC Senior Citizen Overlay
20 acre minimum lot size
HD Hillside Development Combining
PUD Planned Unit Development
TT Travel Trailer Park
MH Mobilehome
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Exhibit B
Zone Change Legal Description
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ENGINEERING
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1901 Mineral Ct. Suite B
Bakersfield, CA 93308
(661) 393-9100
(661) 393-9111 Fax
LEGAL DESCRIPTION
LOT 1 OF SECTION 3, TOWNSIDP 31 SOUTH, RANGE 27 EAST, M.D.M., IN THE
UNINCORPORATED AREA, COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO
THE MAP ENTITLED "KERN COUNTY SALES MAP NO.2 OF LANDS OF J.B. RAGGIN"
FILED FOR RECORD ON MAY 24, 1889 IN THE OFFICE OF THE COUNTY RECORDER OF
SAID COUNTY.
EXCEPT ALL OIL, AND MINERAL RIGHTS AS RESERVED BY GEORGE W. PARISH IN
DEED DATED OCTOBER 27,1952, RECORDED OCTOBER 29,1952 IN BOOK 1999, PAGE
376 OF OFFICIAL RECORDS.
EXCEPT TRA T PORTION OF LOT 1 OF SECTION 3, TOWNSIDP 31 SOUTH, RANGE 27
EAST, M.D.M. AS SHOWN ON KERN COUNTY SALES MAP NO.2 OF LANDS OF J.B.
RAGGIN, FILED WITHIN THE FOLLOWING DESCRIBED BOUNDARIES:
1. EXCEPTION (1) BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION;
THENCE (1) ALONG THE EAST LINE OF SAID SECTION, SOUTH 0000'00" WEST, 71.70
FEET; THENCE (2) AT RIGHT ANGLES NORTH 90000'00" WEST, 30.00 FEET; THENCE (3)
NORTH 7806'28" WEST, 173.86 FEET; THENCE (4) NORTH 88054'55" WEST, 400.04 FEET;
THENCE (5) NORTH 0014'14" EAST, 30.00 FEET TO THE NORTH LINE OF SAID SECfION;
THENCE (6) ALONG SAID NORTH LINE, SOUTH 89050' 15" EAST, 599.98 FEET TO THE
POINT OF BEGINNING.
EXCEPT(FROM THE ABOVE EXCEPTION) TRA T PORTION DESCRIBED AS FOLLOWS:
2. BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF THE NORTH 30 FEET OF
SAID SEmON WITH THE WEST LINE OF THE EAST 30 FEET OF SAID SECTION; THENCE
(7) WESTERLY ALONG THE SAID SOUTH LINE 35.00 FEET; THENCE (8)
SOUTHEASTERLY IN A DIRECT LINE TO A POINT IN SAID WEST LINE THAT IS 15 FEET
SOUTH OF SAID INTERSECTION; THENCE (9) NORTHERLY ALONG SAID WEST LINE 15
TO THE POINT OF BEGINNING OF TIDS EXCEPTION, AS DEEDED TO THE ST ATE OF
CALIFORNIA, IN DEED RECORDED JUNE 18,1976 IN BOOK 4961, PAGE 2133 OF
OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM TRA T PORTION AS CONVEYED TO THE COUNTY OF
KERN BY TRAT CERTAIN DEED RECORDED DECEMBER 20, 1974 IN BOOK 4873, PAGE
1664 AS DOCUMENT NO. 42537 OF OFFICIAL RECORDS, DESCRIBED AS FOLLOWS:
3. EXCEPTION (3) BEGINNING AT THE INTERSECTION OF THE WEST LINE OF THE EAST
30 FEET WITH THE SOUTH LINE OF THE NORTH 30 FEET OF SAID SECTION, ALSO
BEING THE INTERSECTION OF THE WEST LINE OF COUNTY ROAD NO. 205 WITH THE
SOUTH LINE OF THE TAFT IDGHW A Y; THENCE (1) SOUTH ALONG LAST NAMED WEST
LINE, A DISTANCE OF 15 FEET, MORE OR LESS, TO THE SOUTH LINE OF THE NORTH 45
FEET OF SAID SECTION; THENCE (2) NORTHWESTERLY IN A DIRECT LINE TO THE
INTERSECTION OF THE WEST LINE OF THE EAST 65 FEET WITH THE SOUTH LINE OF
THE NORTH 30 FEET OF SAID SECTION; THENCE (3) EAST ALONG LAST NAMED
~O~p..L LAND & SOUTH LINE, A DISTANCE OF 35 FEET, MORE OR LESS, TO THE POINT OF BEGINNING.
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ENGINEERING
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LEGAL DESCRIPTION
LOT 3 OF SECTION 3, TOWNSHIP 31 SOUTH, RANGE 27 EAST, M.D.B.M., IN THE
UNINCORPORATED AREA OF THE COUNTY OF KERN, STATE OF CALIFORNIA, ACCORDING TO
THE SALES MAP NO.2 OF LANDS OF J.B. HAGGIN FILED MAY 24, 1889 IN THE OFFICE OF THE
COUNTY RECORDER OF SAID COUNTY. WHICH LIES EASTERLY OF THE CENTERLINE OF THE
FARMERS CANAL. AS PER CERTIFICATE COMPLIANCE NO. 966 RECORDED JANUARY 21, 1986
IN BOOK 5836, PAGE 84 OF OFFICIAL RECORDS.
EXCEPTING THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON
SUNST ANCES WITHIN OR UNDERLYING SAID LAND, AS RESERVED IN DEEDS OF RECORD.
APN 184-220-36
SEE ATTACHED EXHIBIT 'A'
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ORIGINAL
ct TAFT HIGHWAY
( ) PER KERN COUNTY
SALES MAP NO. 2
OF LANDS OF J.B. HAGGIN
Division: Op. Aroo: BAKERSFIELD
Co./Por.: KERN 51.: CA
Oft: WC J ci'le05 Projoct 10:
Chk: KElA Doto: J-17-05 Scolo: 1 "=200'
Appr: Doto: Filename:
EXHIBIT 'A'
EXCEPTION 1
EXCEPTIONS 2 AND 3
NOO'14'14"E
30.00'
S89'50'15"E
599.98'
(1321.05')
N88'54'55"W
400.04'
LOT 1
SEC. 3, T.31 S., R. 27 t..
(1321.03')
NO.
EXHIBIT 'A'
5351 TAFT HIGHWAY BAKERSFIELD, CA 93313
LOT 1
SECTION 3, TOWNSHIP 31 SOUTH, RANGE 27 EAST
COUNTY OF KERN
N78'OS'28"W
173.8S'
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APPROX. SCALE IN FEET
DESCRIPTION
REVISIONS
APPR.
FORMA ENGINEERING INC.
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APPROXIMATE LOCATION
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SALES MAP NO. 2
OF LANDS OF J.B. HAGGIN
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NO.
DESCRIPTION
APPR
REVISIONS
Divi.ion: Op. Area: BAKERSFIELD
Chk: KElA Ooto: J-17-05
Scolo: 1 "=200'
EXHIBIT 'A'
5351 TAFT HIGHWAY BAKERSFIELD, CA 93313
LOT 3
SECTION 3, TOWNSHIP 31 SOUTH, RANGE 27 EAST
COUNTY OF KERN
FORMA ENGINEERING INC.
Co./Por.: KERN 51.: CA
Oft: WC Doto: J-17-05 Projoct 10:
Appr: Doto:
Filename:
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ORIGINAL
Exhibit C
Mitigation/Conditions of Approval
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EXHIBIT C
Conditions of Approval
General Plan Amendment/Zone Change 05-0426
MITIGATION MEASURES CONTAINED IN NEGATIVE DECLARATION:
Bioloaical Resources Mitiaation Measures
1, Although no evidence of the kit fox was found on the project site, since they are
known to exist in the area, it is recommended that all construction personnel be
trained in sensitive species identification and avoidance techniques and be
instructed to be on the lookout for kit fox sign during earth disturbance phases of
construction. Any evidence, such as dens, should be avoided and reported to
the reviewing agencies for resolution.
2. It is recommended that a pre-construction clearance survey be conducted within
30 days of initial ground disturbance in accordance with the provisions of the
MBHCP, It is recommended that any identified kit fox dens be monitored,
excavated, and backfilled in accordance with the recommendations of the
MBHCP, the CDFG, and the USFWS.
Culturallmcact Mitiaation Measures
3, If subsurface archaeological resources are unearthed during future construction
activity, work shall stop in the areas of the discovery until the finds can be
evaluated. If determined necessary, impacts to significant cultural resources
shall be mitigated prior to the resumption of development.
4. If human remains are discovered during grading or construction activities, work
would cease pursuant to Section 7050.5 of the California Health and Safety
Code. If human remains are identified on the site at any time, work shall stop at
the location of the find and the Kern County Coroner shall be notified immediately
(Section 7050.5 of the California Health and Safety Code and Section 5097.98 of
the California Public Resources Code which details the appropriate actions
necessary for addressing the remains) and the local Native American community
shall be notified immediately
Traffic Imcact Mitiaation Measures
5. Prior to the issuance of any building permit, the developer shall pay the
applicable Regional Transportation Impact Fee (RTIF) to the satisfaction of the
City of Bakersfield Public Works Department.
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Exhibit A-1
Coditions of Approval
GPZlZC 05-0426
Page 2 of 4
Future Intersection Improvements
Taft Hwy and Project Construct intersection,
1 Entrance 1
Project entrance to be
constructed by
develo er.
Project entrance to be
constructed by
develo er.
Stine Road and Construct intersection.
2 Project Entrance 2
6, The project shall contribute its proportionate share of the costs to construct
necessary improvements required due to future traffic growth projections in the
study area. Contribution to the Metropolitan Bakersfield Transportation Impact
Fee Program shall be the fixed rate of $5,780 per single family dwelling unit and
shall be offset by those improvements which are wholly funded by the developer
but which benefit surrounding properties, Construction of facilities within the
Transportation Impact Fee Program shall be in accordance with the City of
Bakersfield's current Capital Improvement Plan for the Metropolitan Bakersfield
Area,
ADDITIONAL CONDITIONS OF APPROVAL:
Public Works Conditions:
7, Prior to approval of any development plan, improvement plan, or
application for a lot line adjustment, the following shall occur:
. Provide fully executed dedication for Stine Road to arterial
standards and Taft Highway to state highway standards for the full
frontage of the area within the GPA request. Dedications shall
include sufficient widths for expanded intersections and additional
areas for landscaping as directed by the City Engineer. Submit a
current title report with the dedication documents. If a tentative
subdivision map over the entire GPAlZC area is submitted,
dedication can be provided with the map.
. This GPAlZC area is too small to support it's own storm drainage
sump, The City will allow no more than one sump per 80 acres;
therefore, this GPAlZC area must be included within the drainage
area of adjoining property. The developer shall participate in the
development of a Planned Drainage Area and provide a drainage
study for the GPAlZC area, showing it's proportionate share of the
necessary ultimate storm drainage facilities. The study shall be
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Exhibit A-1
Coditions of Approval
GPZlZC 05-0426
Page 3 of 4
reviewed and approved by the City Engineer and any required
retention site and necessary easements dedicated to the City.
. Sewer service must be provided to the GPAlZC area. The
developer shall be responsible for the initial extension of the sewer
line to serve the property. This sewer line must necessarily be
sized to serve a much larger area that the project area. The City is
willing to aid the developer in the formation of a Planned Sewer
Area and/or an Assessment District to provide a mechanism for the
reimbursement of oversizing costs to the developer.
. In order to preserve the permeability of the sump and to prevent the
introduction of sediments from construction or from storm events,
all retention and detention basins (sumps) shall have a mechanical
device in the storm drain system to remove or minimize the
introduction of oil, grease, trash, and sediments to the sump. This
device shall be reviewed and approved by the City Engineer, and
shall provide the greatest benefit to the storm drain system with the
least maintenance cost.
8, The entire area covered by this General Plan Amendment shall be
included in the Consolidated Maintenance District. The applicant shall pay
all fees for inclusion in the Consolidate Maintenance District with submittal
of any development plan, tentative subdivision map, Site Plan Review, or
application for a lot line adjustment for any portion of this GPA area.
9. Payment of median fees for the arterial frontage of the property within the
GPAlZC request is required prior to recordation of any map or approval of
any improvement plan for the GPNZC area.
10. With the development of this GPAlZC, the south side of the Taft Highway
crossing of the Farmer's Canal must be constructed. If it becomes
necessary to obtain any off site right of way and if the developer is unable
to obtain the required right of way, then he shall pay to the City the up-
front costs for eminent domain proceedings and enter into an agreement
and post security for the purchase and improvement of said right of way.
Department of Conservation Condition:
11. The proposed project is located beyond the administrative boundaries of any oil
or gas field. There are no oil, gas, or injection wells within the boundaries of the
project site. Regardless, if excavation or grading operations uncover a
previously unrecorded well, the Division district office in Bakersfield shall be
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Exhibit A-1
Coditions of Approval
GPZlZC 05-0426
Page 4 of 4
notified as such wells may require remedial operations. It will be the
responsibility of the developer to notify such Division and bear all costs
associated with remediation.
City Attornev
12. In consideration by the City of Bakersfield for land use entitlements, including but
not limited to related environmental approvals related to or arising from this
project, the applicant, and/or property owner and/or subdivider ("Applicant"
herein) agrees to indemnify, defend, and hold harmless the City of Bakersfield,
its officers, agents, employees, departments, commissioners or boards ("City"
herein) against any and all liability, claims, actions, causes of action or demands
whatsoever against them, or any of them, before administrative or judicial
tribunals of any kind whatsoever, in any way arising from, the terms and
provisions of this application, including without limitation any CEQA approval or
any related development approvals or conditions whether imposed by the City, or
not, except for CITY's sole active negligence or willful misconduct,
This indemnification condition does not prevent the Applicant from challenging
any decision by the City related to this project and the obligations of this
condition apply regardless of whether any other permits or entitlements are
issued,
The City will promptly notify Applicant of any such claim, action or proceeding,
falling under this condition within thirty (30) days of actually receiving such claim.
The City, in its sole discretion, shall be allowed to choose the attorney or outside
law firm to defend the City at the sole cost and expense of the Applicant and the
City is not obligated to use any law firm or attorney chosen by another entity or
party.
JS:jm
S:\GPA 4th 2005\05-0426\PC Package\Conditions of Approval,doc
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I)RIGINAl
AFFIDAVIT OF POSTING DOCUMENTS
STATE OF CALIFORNIA)
) ss.
County of Kern )
PAMELA A. McCARTHY, being duly sworn, deposes and says;
That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield;
and that on the ~ day of March, 2006 she posted on the Bulletin Board at City Hall,
a full, true and correct copy of the following: Ordinance No. 4322 passed by the
Bakersfield City Council at a meeting held on the 8th day of March, 2006 and entitled;
AN ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING
SECTION 17.06.020 (ZONE MAP NO. 142-03) OF TITLE SEVENTEEN OF
THE BAKERSFIELD MUNICIPAL CODE BY CHANGING THE ZONING FROM
R-S-20A (RESIDENTIAL SUBURBAN - TWENTY ACRE MINIMUM) TO R-1
(ONE FAMILY DWELLING) ON 31,2 ACRES, GENERALLY LOCATED WEST
OF STINE ROAD AND SOUTH OF TAFT HIGHWAY, EAST OF THE FARMERS
CANAL (ZC NO. 05-0426)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
::~:;¡ ;jteld
DEPU C' Clerk
S:\DOCUMENT\FORMSIAOP ,ORD ,wpd
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