HomeMy WebLinkAboutORD NO 4400
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ORDINANCE NO.
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AN ORDINANCE ADOPTING A NEGATIVE DECLARATION
AND AMENDING SECTION 17.06.020 (ZONING MAPS 102-04
and 102-05) OF TITLE SEVENTEEN OF THE BAKERSFIELD
MUNICIPAL CODE BY CHANGING THE ZONING FROM A
(AGRICULTURAL ZONE) TO R-21P.U.D. (LIMITED MUL TIPLE-
FAMILY DWELLING ZONE/PLANNED UNIT DEVELOPMENT
ZONE) ON APPROXIMATELY 12 ACRES AND R-1 (ONE-
FAMILY DWELLING ZONE) ON APPROXIMATELY 12 ACRES,
GENERALLY LOCATED ON THE EAST AND WEST SIDES OF
COFFEE ROAD, APPROXIMATELY 460 FEET NORTH OF
ETCHART ROAD AND WEST OF THE BEARDSLEY CANAL
(ZC NO. 05-1933).
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 to be annexed into the
City of Bakersfield generally located on the east and west sides of Coffee Road, approximately
460 feet north of Etchart Road and west of the Beardsley Canal; and
WHEREAS, by Resolution No. 187-06 on September 21,2006, the Planning
Commission recommended approval and adoption of an ordinance amending Title 17 of the
Municipal Code to approve Zone Change No. 05-1933 as delineated on attached Zoning Maps
102-04 and 102-05 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 A (Agricultural Zone) to R-2/P.U.D.
(Limited Multiple-Family Dwelling Zone/Planned Unit Development Zone) on approximately 12
acres and R-1 (One-Family Dwelling Zone) on approximately 12 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
August 3, 2006, in accordance with CEQA; and
WHEREAS, the general plan designation for this area allows for low and low-medium
density 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. 187-06, adopted on
September 21, 2006:
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 effect on the environment. A
Negative Declaration was prepared for the project in accordance with CEQA.
4.
The proposed project is consistent with the surrounding land uses.
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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 CECA 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 to be annexed into the City of Bakersfield, the boundaries of
which property are shown on Zoning Maps 102-04 and 102-05 marked Exhibit
"A" attached hereto and made a part hereof, and are more specifically described
in attached Exhibit liB ".
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. 05-1933.
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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ORIGINAL
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 DEe 1 3 2006
by the following vote:
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ABSTAIN:
ABSENT:
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COUNCILMEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
PAME~~ r
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED
DEe 13 2006
HARVEY L. HALL
Mayor of the City of Bakersfiel
APPROVED as to form
VIRGINIA GENNARO
City Attorney
By: ~?1J.~
Exhibit A - Zoning Maps 102-04 and 102-05
B - Zone Change Legal Description
C - Mitigation/Conditions of Approval
PH - S:\GPA 3rd 2006\05-1933\Resolutions\CC ZC Ordinance.doc
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Exhibit A
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Exhibit B
Z()ne Change Legal Descripti()n
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LEGAL DESCRIPTION
PARCEL A
From A to R-2/PUD
BEING A PORTION OF THE NORTHEAST QUARTER OF SECTION 5 OF SALES
MAP OF LANDS OF KERN COUNTY LAND COMPANY, TOWNSHIP 29 SOUTH,
RANGE 27 EAST, MOUNT DIABLO AND MERIDIAN, IN THE COUNTY OF KERN,
STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF AND
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE CENTERLINE OF COFFEE ROAD SAID POINT
BEING THE WEST QUARTER CORNER OF SAID SECTION 4 ALSO BEING THE
EAST QUARTER CORNER OF SECTION 5; THENCE NORTH AT A BEARING OF
00049'41" EAST AS SHOWN ON SURVEYOR'S INVESTIGATION MAP NO. 7-1, BOOK
6, PAGE 50, FILED IN THE KERN COUNTY SURVEYOR'S OFFICE, SAID LINE ALSO
BEING OUR BASIS OF BEARING, 508.56 FEET TO THE TRUE POINT OF
BEGINNING;
(1) THENCE NORTH 88054'44" WEST, 660.27 FEET TO THE WESTERN
BOUNDARY LINE OF LOT 16 OF SAID SALES MAP;
(2) THENCE NORTH 00049'41" EAST ALONG SAID WEST BOUNDARY LINE,
790.22 FEET TO THE NORTHWEST CORNER OF SAID LOT 16;
(3) THENCE SOUTH 89005'26" EAST ALONG THE NORTH BOUNDARY LINE OF
SAID LOT 16, 660.27 FEET TO A POINT OF INTERSECTION WITH THE
CENTERLINE OF COFFEE ROAD;
(4) THENCE SOUTH 00049'41" WEST ALONG THE CENTERLINE OF SAID
COFFEE ROAD ALSO BEING THE EAST BOUNDARY LINE OF SAID LOT 16,
792.27 FEET TO THE POINT OF BEGINNING.
CONTAINS: 12:t ACRES
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If) ORIGINAL
LEGAL DESCRIPTION
PARCEL B
From A to R-1
BEING A PORTION OF THE NORTHWEST QUARTER OF SECTION 4 OF THE
SALES MAP OF LANDS OF KERN COUNTY LAND COMPANY, TOWNSHIP 29
SOUTH, RANGE 27 EAST, MOUNT DIABLO AND MERIDIAN, IN THE COUNTY OF
KERN, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT THEREOF
AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT ON THE CENTERLINE OF COFFEE ROAD SAID POINT
BEING THE WEST QUARTER CORNER OF SAID SECTION 4 ALSO BEING THE
EAST QUARTER CORNER OF SECTION 5; THENCE NORTH AT A BEARING OF
00049'41" EAST AS SHOWN ON SURVEYOR'S INVESTIGATION MAP NO. 7-1, BOOK
6, PAGE 50, FILED IN THE KERN COUNTY SURVEYOR'S OFFICE, SAID LINE ALSO
BEING OUR BASIS OF BEARING, 508.56 FEET TO THE TRUE POINT OF
BEGINNING;
(1) THENCE NORTH 00049'41" EAST ALONG SAID CENTERLINE OF COFFEE
ROAD ALSO BEING THE WESTERN BOUNDARY LINE OF LOT 19 OF SAID
SALES MAP, 917.57 FEET TO A POINT OF INTERSECTION WITH THE
WESTERN RIGHT OF WAY OF THE BEARDSLEY CANAL AS SHOWN IN THE
LERDO SUBDIVISION "B" MAP NO.6, RECORDED IN BOOK 2 OF MAPS AT
PAGE 53 IN THE KERN COUNTY SURVEYORS OFFICE;
(2) THENCE SOUTH 46014'19" EAST, ALONG SAID RIGHT OF WAY OF THE
BEARDSEL Y CANAL, 64.80 FEET TO AN ANGLE POINT;
(3) THENCE SOUTH 51025'19" EAST ALONG THE WESTERN RIGHT OF WAY OF
SAID CANAL, 454.59 FEET TO AN ANGLE POINT;
(4) THENCE SOUTH 55059'19" EAST ALONG SAID RIGHT OF WAY OF SAID
CANAL, 535.73 FEET TO AN ANGLE POINT;
(5) THENCE SOUTH 42031 '19" EAST ALONG SAID RIGHT OF WAY OF SAID
CANAL, 59,82 FEET TO AN ANGLE POINT;
(6) THENCE SOUTH 30019'57" EAST ALONG SAID RIGHT OF WAY OF SAID
CANAL, 212.77 FEET TO AN ANGLE POINT;
(7) THENCE NORTH 88054'44" WEST, 1111.51 FEET TO A POINT OF
INTERSECTION WITH CENTERLINE OF COFFEE ROAD AND THE
SOUTHWEST CORNER OF SAID LOT 19, AND THE TRUE POINT OF
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Exhibit C
Mitigati()n/C()nditi()ns ()f Appr()val
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EXHIBIT C
Mitigation/C()nditi()ns ()f Appr()val
General Plan AmendmentlZ()ne Change N(). ()5-1933
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
Air Qualitv
1. Prior to development, the applicant/developer of the project site shall submit
documentation to the Planning Department that they will/have met the following air
quality mitigation measures:
· Properly and routinely maintain all construction equipment, as recommended by
manufacturer manuals, to control exhaust emissions,
· Shut down equipment when not in use for extended periods of time to reduce
emissions associated with idling engines.
· Encourage ride sharing. and use of transit transportation for construction
employee commuting to the project sites.
· Use electric equipment for construction whenever possible in lieu of fossil fuel-
fired equipment.
· Curtail construction during periods of high ambient pollutant concentrations; this
may include ceasing of construction activity during the peak-hour of vehicular
traffic on adjacent roadways.
· All disturbed areas, including storage piles, which are not being actively utilized
for construction purposes, shall be effectively stabilized of dust emissions using
water, chemical stabilizer/suppressant, covered with a tarp or other suitable
cover, or vegetative ground cover.
· All onsite unpaved roads and offsite unpaved access roads shall be effectively
stabilized of dust emissions using water or chemical stabilizer/suppressant.
· All land clearing, grubbing, scraping, excavation, land leveling, grading, cut and
fill, and demolition activities shall be effectively controlled of fugitive dust
emissions utilizing application of water or by presoaking.
· When materials are transported offsite, all materials shall be covered, or
effectively wetted to limit visible dust emissions, and at least six inches of
freeboard space from the top of the container shall be maintained.
· All operations shall limit or expeditiously remove the accumulation of mud or dirt
from adjacent public streets at the end of each workday. (The use of dry rotary
brushes is expressly prohibited except where preceded or accompanied by
sufficient wetting to limit the visible dust emissions, Use of blower devices is
expressly forbidden,)
· Following the addition of materials to, or the removal of materials from, the
surface of outdoor storage piles, said piles shall be effectively stabilized of
fugitive dust emissions utilizing sufficient water or chemical
stabilizer/suppressant.
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ORIGINAL
Exhibit C
GPAlZC No, 05-1933
Mitigation/Conditions of Approval
· Within urban areas, trackout shall be immediately removed when it extends 50 or
more feet from the site and at the end of each workday.
· Any site with 150 or more vehicle trips per day shall prevent carryout and
trackout.
· Asphalt-concrete paving shall comply with San Joaquin Valley Air Pollution
Control District Rule 4641 and restrict the use of cutback, slow-cure and
emulsified asphalt paving materials.
· Cease grading activities during periods of high winds (greater than 20 mph over
a one-hour period).
· Limit construction-related vehicle speeds to 15 mph on all unpaved areas at the
construction site,
· Implementation of carryoutltrackout mitigation measures, such as gravel pads, in
accordance with the requirements of SJVAPCD Regulation VIII.
Mitigation for potentially significant air quality impacts.
Cultural Resources:
2. If archaeological resources are encountered during the course of construction, a
qualified archaeologist shall be consulted for further evaluation. Mitigation for
potentially significant cultural resource impacts.
3, 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.
Mitigation for potentially significant cultural resource impacts.
Traffic and Circulation
4. 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. Mitigation for significant traffic and circulation impacts.
5. Prior to issuance of the first building permit within the project site, the developer shall
pay the proportionate share of the following intersection and roadway mitigation
measures (not paid for by the Regional Transportation Impact Fee nor included with
normal development improvements) as identified in the project traffic study (Ruettgers &
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Exhibit C
GPAlZC No. 05-1933
Mitigation/Conditions of Approval
Schuler Civil Engineers, December 2005). An estimate and fee schedule shall be
developed by the applicant and approved prior to recordation of a map or issuance of a
building permit, whichever occurs first. The estimate shall break out the single-family
and multi-family residential components in separate per unit fees. Proportionate shares
from the study as follows:
a. Coffee Road & Etchart Road: Install Signal; Add 1 EBL, 1 WBL, 7.78% share
b, Coffee Road & Norris Road: Add 1 EBL, 1 EBR, 1 WBL, 1 SBL, 1 SBT, 6.05%
share
c. Coffee Road & Olive Drive: Add 1 NBR, 2.14% share
d, 7th Standard Road, Calloway Drive to Coffee Road: Add 2 Lanes, 1.45% share
Notes: NB - north bound, SB - south bound, WB - west bound, EB - east bound,
L - Left turn lane, T - Through lane, R - Right turn lane
Mitigation for significant traffic and circulation impacts.
ADDITIONAL CONDITIONS OF APPROVAL:
Public Works:
6. Along with the submittal of any development plan, prior to approval of improvement
plans, or with the application for a lot line adjustment or parcel merger, the following
shall occur:
a. Provide fully executed dedication for Coffee Road to arterial standards for the full
frontage of the area within the GPAlZC 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.
b, Submit a comprehensive drainage study to be reviewed and approved by the
City Engineer. No more than 1 sump may be utilized to serve each area; these
sumps should be located so that they may be available to serve adjacent areas
as they develop. If only one sump is utilized to serve each GPAlZC area, it need
not be so located. The study shall be approved and any required retention site
and necessary easements dedicated to the City.
Page 3 of 6
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ORIGINAL
Exhibit C
GPAlZC No, 05-1933
Mitigation/Conditions of Approval
c. The GPAlZC area is within the service area of the North of River Sanitary District
No, 1. Sewer service in this area must conform to the NORSD's adopted Sewer
Study, and construction of sewer lines shall be per NORSD's requirements, All
trench backfill and paving within the public right-of-way shall require an Open
Street Permit and be as per the City of Bakersfield's adopted standards.
d, 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.
For orderly development.
7. The entire area covered by this GPAlZC shall be included in the Consolidated
Maintenance District. The applicant shall pay all fees for inclusion in the Consolidated
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 GPAlZC
area, It is required that the developer join the North of the River Park Maintenance
District. For orderly development.
8. The developer shall construct improvements along the full frontage of the GPAlZC area.
For orderly development.
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 GPAlZC area, For orderly development.
10. Access to the arterial streets will be limited and determined at time of division or
development. Determination of whether a right turn lane is required at the access
street(s) will also be made at the time of division or development. A full access opening
will only be considered if the developer funds and installs a traffic signal at the site
entrance. Said signal will only be permitted if a signal synchronization study is
submitted and approved, which shows progression is not adversely affected, For
orderly development.
11. The Snow Road, Seventh Standard Road and Coffee Road crossings of the Lerdo
Canal need widening. Developer shall pay their proportionate share of the cost and
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Exhibit C
GPAlZC No, 05-1933
Mitigation/Conditions of Approval
shall aid in the formation of a Major Bridge and Thoroughfare District for the widening of
the crossings. For orderly development.
Meadows Field Airport Compatibilitv:
12. With the recordation of final subdivision maps within the GPAlZC area, overflight
easements shall be granted to the County of Kern for all residential lots, Overflight
easements shall grant all rights deemed necessary by the County of Kern to ensure that
the development of said property will neither impede airport operations nor result in
flight hazards, including but not limited to the following: to make flights and associated
noise in airspace over said property; to regulate or prohibit the release of any substance
into the air which might interfere with aircraft operations; to regulate or prohibit light
emissions which might interfere with pilot vision; and to prohibit electrical emissions
which might interfere with aircraft communications systems or aircraft navigational
equipment. For public health, safety and welfare.
13. With the recordation of final subdivision maps within the GPAlZC area, a notice shall be
recorded on the deeds of all residential lots disclosing that the properties are in an area
subject to aircraft overflights, and as a result, residents may experience inconvenience,
annoyance and discomfort arising from the noise of such operations. The notice shall
also state that State law establishes the importance of public use airports for the
protection of the public interest of the people of the State of California and that residents
of property near a public use airport should, therefore, be prepared to accept such
inconvenience, annoyance and discomfort from normal aircraft operations. For public
health, safety and welfare.
City Attornev:
14. 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.
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ORIGINAL
Exhibit C
GPAlZC No, 05-1933
Mitigation/Conditions of Approval
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,
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(3 0
ORIGINAL
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 14th day of December ,2006 she posted on the Bulletin Board at City
Hall, a full, true and correct copy of the following: Ordinance No. 4400 passed by the
Bakersfield City Council at a meeting held on the 13th day of December, 2006 and
entitled:
ORDINANCE ADOPTING A NEGATIVE DECLARATION AND AMENDING
SECTION 17,06.020 (ZONING MAPS 102-04 AND 102-05) OF
TITLE SEVENTEEN OF THE BAKERSFIELD MUNICIPAL CODE
BY CHANGING THE ZONING FROM A (AGRICULTURAL ZONE) TO
R-2/P,U.D, (LIMITED MULTIPLE-FAMILY DWELLING ZONE/PLANNED
UNIT DEVELOPMENT ZONE) ON APPROXIMATELY 12 ACRES AND
R-1 (ONE-FAMILY DWELLING ZONE) ON APPROXIMATELY 12 ACRES,
GENERALLY LOCATED ON THE EAST AND WEST SIDES OF COFFEE
ROAD, APPROXIMATELY 460 FEET NORTH OF ETCHART ROAD AND
WEST OF THE BEARDSLEY CANAL (ZC NO. 05-1933)
PAMELA A. McCARTHY
City Clerk and Ex Officio of the
Council of the City of Bakersfield
~'
By: ~L
DEPU Y Ci Clerk
S:\DOCUMENT\FORMS\AOP ,ORD,wpd
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