An appellate court ruled in 2021 that local agencies cannot require density bonus applicants to submit pro formas or other documentation required to prove that requested incentives and concessions are necessary to make the housing development financially feasible. A project requesting on-menu incentives, as outlined in LAMC12.22 A.25, is processed by City Planning through a ministerial review process. 0000004758 00000 n Required Submission of Pro Formas. AB2345 is modeled after the City of San Diegos Affordable Homes Bonus Program, and is intended to be another tool to address the states ongoing housing crisis. 0000013117 00000 n AB 2345 amends the Density Bonus Law to increase the maximum density bonus from thirty-five percent (35%) to fifty percent (50%). THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Section 1. The vast majority of jurisdictions in Los Angeles County do not have any renter protection measures (such as rent stabilization). 3117 Bagley Ave, Los Angeles, CA 90034. 0000001256 00000 n (0[yd JivE!X$~{E4tp{ !vI H*9&> 0000011691 00000 n d\a0ol;-` `7 This website uses cookies that only record anonymous statistical data not individually identifiable personal Longer Affordability Periods. Court of Appeal Upholds the Project Approval. 0000014725 00000 n endstream endobj 734 0 obj <> endobj 735 0 obj <>/Rotate 0/Type/Page>> endobj 736 0 obj <>stream Program Incentives. 0000012326 00000 n Homes similar to 6208--6212 West Blvd are listed between $895K to $8,950K at an average of $960 per square foot. Bigger Density Bonus. Before AB 1763, California's density bonus law (California Government Code Sections 65915 - 65918) focused primarily on projects with a mix of affordable and market rate housing. All Rights Reserved. New legislation that took effect on January 1 of this year provides for up to a 50% density bonus to be granted to housing projects consisting of a mix of affordable and market-rate homes, up from the previous maximum 35% density bonus for mixed income developments. AB 2501 clarified that under density bonus law, [a] local government shall not condition the submission, review or approval of an application pursuant to this chapter on the preparation of an additional report or study that is not otherwise required by state law, including this section. (Gov. 50% Density Bonus (DB50). By using this site, you agree to our updated Privacy Policy and our Terms of Use. 0000001968 00000 n 0000001581 00000 n A reduction in site development standards or a modification of zoning or architectural design requirements that exceed minimum building standards approved by the California Building Standards Commission (. hb```f``Y AcSh$v!+[^{KIs%~Ye.T1kFvB*.@|``@lV' 2#n3. 123 0 obj<>stream 0000004181 00000 n 0000012780 00000 n 0000011532 00000 n These guidelines describe the density bonus provisions and qualifying criteria, the incentives available to qualifying projects, and the procedures whereby projects may apply for a bonus and incentives. 0000005623 00000 n trailer The California Legislature continues to refine the Density Bonus Law over the past year, with new legislation taking effect on January 1 of this year providing additional flexibility to developers in meeting requirements for a density bonus. x]nP}$t9A,z>A,rYtHx[=8S6z_S{//_o2~_o{s}:{].fnSTNiS^/mWv|,i:Z60_r^mQV(+5e,b*(RX%TY%U6,,(*e(Je9Tc%KhiE*Z:*b1hL>%hL>F a154&c|+4& AB 571 by Assemblymember Chad Mayes (I-Rancho Mirage) - Planning and zoning: density bonuses: affordable housing. tPxd?.KM.1 alc{0! Incentives include, but are not limited to: reduced setbacks; increased height limit; and reduced lot size requirements. As a state-level regulation, projects satisfying the requirements of the Density Bonus Law are eligible for the corresponding bonus notwithstanding potential resistance to densification efforts at the local level. Effective September 22, 2017 . 0000002364 00000 n 0000003255 00000 n 0000005253 00000 n Effective as of January1, 2021, Assembly Bill2345 (AB2345) amends the Density Bonus Law to expand and enhance development incentives for projects with affordable and senior housing components. 0000011960 00000 n 0000005737 00000 n In early 2008, their decisions came under attack in two lawsuits that focused on the city's effort to exempt from environmental review outsize projects that applied for the "density bonus . [1] The Citys density bonus law implementation ordinance has lists of pre-approved density bonus law waivers and incentives. 0000009519 00000 n 0000007768 00000 n . 0000011362 00000 n By continuing to browse 5th (2021). <]/Prev 129846/XRefStm 1236>> AqL4.:h\>3u|gqA j8h\>A 'q54.p|OH4.F&. endstream endobj 738 0 obj <>stream {O0sl3$'Kn&Bj&| aQl%i+sLmO_Y{U\nUuJ*]tE@I0-$bO,|\]'n " 5`y7O=,#8I Lofts California Los Angeles 3685 Motor Ave, Los Angeles, CA 90034. 0000010310 00000 n endstream endobj 737 0 obj <>stream The Rezoning Program includes a potential update of the City's Density Bonus ordinance to allow for up to 50% density increases citywide in exchange for the maximum amount of affordable housing economically feasible (as determined by an upcoming feasibility study). 0000011532 00000 n Please click here to read or print the 2021 Guide. The Density Bonus Law allows qualifying developers, as a matter of right, to obtain lower parking space requirements than what would otherwise be required by local government standards. [2] Density bonus law uses incentive and concession interchangeably. startxref 0000010477 00000 n Schreiber found that both density bonus law and City code implementing it require the City to grant requested incentives unless the City can make findings that the requested incentives do not result in cost reductions or the incentives would have a specific, adverse impact on public health, safety, the physical environment, or any property listed in the California Register of Historical Resources. On-Menu Density Bonus Ministerial Review Process (2021) To be eligible for the development bonus, at least 30% of the housing units must be restricted to lower income residents or 15% of the housing units must be restricted to very low income residents. Density bonus law (Gov. No CEQA review is conducted. State Density Bonus Law (2017): AB 1934 + AB 2442 + AB 2501+ AB 2556 Prior to 2021, the Density Bonus Law permitted a maximum density bonus of thirty-five percent (35%) for a housing development in which (a) at least eleven percent (11%) of the total units are for very low income households, (b) at least twenty percent (20%) of the total units are for low income households, or (c) at least forty percent (40%) of In addition to the incentives and concessions summarized above, a local government is prohibited from applying any development standard that would physically preclude construction of the development with the density bonus and incentives and concessions to which the project is entitled. x]nP}$t9A,z>A,rYtHx[=8S6z_S{//_o2~_o{s}:{].fnSTNiS^/mWv|,i:Z60_r^mQV(+5e,b*(RX%TY%U6,,(*e(Je9Tc%KhiE*Z:*b1hL>%hL>F a154&c|+4& 0000003129 00000 n According to the Planning Department's Housing Progress Dashboard, density bonus projects accounted for approximately 26,700 proposed residential units between 2016 and 2020 - more than 17 percent of the roughly 152,000 units planned during that time period. 0000012746 00000 n Before 2021, the maximum density bonus was 35% for housing projects which included either 11% very low income units, 20% lower income units, or 40% moderate income units. 0000004323 00000 n 0000012110 00000 n For additional information on these recent changes to the Density Bonus Law, please contact any member of the firms Real Estate or Land Use practice groups, or the following authors: Doug Champion Los Angeles (+1 213-229-7128,dchampion@gibsondunn.com) This website uses cookies that only record anonymous statistical data not individually identifiable personal 0000009345 00000 n 0000008271 00000 n 0000012501 00000 n 0000014545 00000 n State Density Bonus Law: AB 2501, AB 2556, AB 2442, AB 1934 (2017) xref $2,000,000. 4& 0 0000009519 00000 n 0000013934 00000 n Code (LAMC), 12.22-A.25.g.3.i.a [emphasis added].) As discussed below, Schreiber v. City of Los Angeles (2021) 69 Cal.App.5th 549, resolved such an inconsistency, holding that a local implementation ordinance is preempted to the extent that the implementation ordinance imposes application requirements that exceed those required under density bonus law. 0000009113 00000 n 0000010946 00000 n PYthdd1]4Wme di9r%4FincWzbfx|fkXl[T|u>y]YkED+L6b5H Send to Friend; . AqL4.:h\>3u|gqA j8h\>A 'q54.p|OH4.F&. $8,950,000. THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Section 1. 0000002251 00000 n 0000002233 00000 n 0000002030 00000 n For more information please refer to our Privacy Policy. This is Part 4 of a five-part series by Urban One, which outlines recommendations and proposals for improving the California/Los Angeles density bonus program. xref x]\S!lLW4?DU6*%PuVK8PAm8 E:*#E*VP%%/ 1ms="!|1 n&}J[$W^}pO>p2j5K/'^-})zJDNMx@ 3?g7530&x33SS7Lm`b 555-556.) To be eligible for the maximum bonus, a project must set aside at least (i)fifteen percent (15%) of total units for very low income households, (ii)twenty-four percent (24%) of total units for low income households, or (iii) forty-four percent (44%) of for-sale units for moderate income households. Subdivision 25 of Subsection A of Section 12.22 of the Los Angeles Municipal Code is amended to read: 25. Californias Density Bonus Law provides housing developers with tools to encourage the development of much needed affordable and senior housing. The ministerial on-menu incentives comprise the most common form of requested incentives, stemming from pre-calculated modifications in the Citys Density Bonus Ordinance, which was adopted in 2008. To assist understanding, a set of Affordable Housing Incentive Guidelines was developed alongside the Density Bonus Ordinance in 2005. (Schreiber, supra, 69 Cal.App.5th at pp. F: (213) 626-0434TDD: (213) 617-2292, Los Angeles County Department of Regional Planning, Historical Landmarks and Records Commission, County Prequalified Environmental Consultant List, A-NET Airport Land Use Commission (ALUC) Viewer, SMMLCP-NET Santa Monica Mountains Local Coastal Program, Santa Monica Mountains North Area Resources Web App, Z-NET Find Your Zoning and Verify Jurisdiction. AB 2345 lowers the required percentage of lower income units required to obtain multiple incentives and concessions. 0000003255 00000 n Subdivision 25 of Subsection A of Section 12.22 of the Los Angeles Municipal Code is amended to read: 25. (i.e. However, these local ordinances cannot impose affordability periods of more than 55 years in developments financed with low income housing tax credits. 0000004022 00000 n The Los Angeles City Planning Commission approved a mixed-used development that qualified for increased building density under the density bonus law due to its inclusion of low-income housing. Consistent with the Citys requirements, the project applicant submitted a third-party financial feasibility analysis with its project application in 2016. However, local agencies can require applicants to show that requested incentives and concessions will result in cost reductions for the project. These determinations may not be appealed after the CPC acts. 0000014725 00000 n `kj6`=$LL9m50~=3jptv^xxx[xH0#h afMg tsP@tEf(!G,B{e*h$&G$#iIa)Y( : 0b0#A 0000011362 00000 n AB 634 allows a local government to adopt an ordinance requiring an affordability period of more than 55 years in density bonus housing projects. 123 0 obj<>stream Part 1 focused on background, while Parts 2 through 5 include specific recommendations to improve the density bonus and affordable housing provision throughout the region. This change results in a significant reduction in required parking for transit-adjacent density bonus housing projects that include units with two or more bedrooms. This is Part 3 of a five-part series by Urban One, which outlines recommendations and proposals for improving the California/Los Angeles density bonus program. <<8289CFA474293447AEFCA18F7AC1C4B5>]>> $AsNO;/hemQ!C'Qu}Zk^U!]MlGATt{ E=s/\TXR*-+~f~q /^ebj73 Read up on housing activity and trends across the City. The trial court denied the petition, and the neighbors filed an appeal. 0000002251 00000 n 0000011882 00000 n Clarifies that for purposes of qualifying for a density bonus, affordable units for very low or lower income households can be either rental or for-sale units. 13,370 SF 83% Leased Office Building Los Angeles, CA $8,250,000 ($617/SF) 1.13% Cap Rate. 0000005253 00000 n Please send website questions and comments to webadmin@planning.lacounty.gov. 0000001945 00000 n These projects require CEQA analysis and are reviewed by the City Planning Commission (CPC). 0000013295 00000 n 0000008950 00000 n . 0000009345 00000 n 0000005586 00000 n 0000004426 00000 n For more information about implementation guidelines and procedures, including how changes to state Density Bonus law are implemented, refer to the Department Memorandums below: State Density Bonus Law: AB 2334, AB 1551, and AB 682 (2023) 0000002364 00000 n Amy Forbes Los Angeles (+1 213-229-7151, aforbes@gibsondunn.com) Density Bonus serves as a local incentive program, and is designed to encourage the production of on-site affordable housing in neighborhoods where multi-family zoning is allowed. density bonus) depending on the types of land use incentives being sought for the project, if any. Density bonuses and incentives, consistent with the State Density Bonus Law, can be requested through an Administrative Housing Permit. Eliminates the ability of local governments to disapprove a developers request for an incentive or concession, or a waiver or modification of development standards, on the grounds that it would have a specific adverse impact on the physical environment. Terms under which this service is provided to you. Incentives and Concessions. Density Bonus Policy Legislative Change Increases Density Bonus Amount and Parking Benefits. Code, 65915, subd. 0000005981 00000 n Local governments may no longer impose any parking requirements for (1) 100% affordable housing projects located within mile from an accessible major transit stop and (2) 100% affordable senior housing projects that either offer paratransit service or are located within mile from an accessible major transit stop. Revised February 26, 2018 . 0000014545 00000 n 0000004426 00000 n trailer Californias Density Bonus Law provides housing developers with tools to encourage the development of much needed affordable and senior housing. xref 0000012594 00000 n 0000001236 00000 n Both the state Density Bonus Law and the Los Angeles Transit-Oriented Communities (TOC) program offer market rate developers an array of regulatory concessions in exchange for setting These legislative changes are outlined below and incorporated into the 2021 update of our Guide to the California Density Bonus Law. 0000068446 00000 n On August 8, 2006, the Board of Supervisors adopted the Density Bonus Ordinance, which provides incentives for affordable housing by permitting density increases beyond what is allowed by the General Plan, and requires set-asides for very low, lower, or moderate income households and seniors. Further, as localities continue to adopt inclusionary housing requirements, it is important to note that units required pursuant to a local inclusionary zoning ordinance also qualify as affordable units for purposes of meeting the requirements on the Density Bonus Law. An ordinance amending Sections 12.22, 12.24, 14.00 and 19.01 of the Los Angeles Municipal Code to implement a Density Bonus program, as required by State law. 0000000016 00000 n Provides parking standards of one-half space per bedroom for housing developments which include at least 40% moderate income units that are located within a half mile of a major transit stop. 0000007998 00000 n With increases in the minimum set-aside, a project can receive a density bonus of up to 35% above what the General Plan allows, based on a sliding scale. 2009 Los Angeles County Department of Regional Planning. AB 2345 also reduces the parking requirements for many projects located near accessible major transit stops. The number of incentives or concessions to which a project is entitled is based on the percentage of affordable units set aside. With increases in the minimum set-aside, a project can receive a density bonus of up to 35% above what the General Plan allows, based on a sliding scale. The Court next determined that while AB 2501 prohibited a municipality from requiring an additional report or study that is not otherwise required by state law, AB 2501 did not prohibit a municipality from requesting or considering information relevant to cost reductions. According to ZIMAS, the project is not located on a substandard street in a Hillside area You can download Adobe Reader by clicking this link. 0000006234 00000 n Access Los Angeless enabling ordinance for the State Density Bonus Program. 0000002922 00000 n 0000005421 00000 n State Density Bonus Law (2015): AB 744. 201 0 obj <> endobj 0000000852 00000 n endstream endobj startxref DENSITY BONUS/AFFORDABLE HOUSING INCENTIVES COMPLIANCE FINDINGS Pursuant to Section 12.22-A,25(c) of the LAMC, the Director shall approve a density . 2023 Meyers Nave, A Professional Corporation, Diversity Fellowship Program for 1L Students, Energy, Public Power and Telecommunications, Los Angeles Business Journal Names Amrit Kulkarni to 2023 List of Leaders of Influence: Minority Attorneys, Meyers Nave Elevates Richard D. Pio Roda to Equity Principal, Arlene Yang Appointed to the 2022-2023 National Asian Pacific American Bar Association Board of Governors, Meyers Nave Represents the Tongva Community in Historic Reclaiming of Ancestral Land in Los Angeles Area After 200 Years, Meyers Nave Obtains Dismissal of Two High-Stakes Federal Lawsuits Against the City of Los Altos Under the Telecommunications Act, Meyers Nave Celebrates Hispanic Heritage Month, Meyers Nave Welcomes Jeffrey Wilcox as Of Counsel to the Eminent Domain and Inverse Condemnation Practice, Super Lawyers Distinguishes Meyers Nave Lawyers in San Diego, Meyers Nave Elevates Camille Hamilton Pating to Equity Principal, Meyers Nave Elevates David Mehretu to Principal, Meyers Nave Secures Key Victory In California Supreme Court Confirming Application of Automatic Stay Pending Appeal to Mandatory Injunctions, Women's Initiative: Meet The Women Who Lead Practices at Meyers Nave, Guide to the California Density Bonus Law. hL 0UADCB~87(c}K$qmg~wv/>J2EP %PDF-1.4 % PYthdd1]4Wme di9r%4FincWzbfx|fkXl[T|u>y]YkED+L6b5H These incentives apply to projects that seek a limited increase in allowed height, floor area, and lot coverage, along with reductions to yard/setback, open space, and lot width requirements. Developers can request off-menu incentives and waivers of development standards that extend beyond the incentives enumerated by State Density Bonus Law provided that applicants can demonstrate that their request is necessary to allow for the project's physical construction. AB 2345 and AB 1763 Revised Memorandum (2022) hb```poB as|``6d`PQP+n``tT%C2&sx38YtEnmZw`NB g8U8'$L{1iSD.Zv,nU)K)7&l4F m Hs20} R' bH3 Department of Regional Planning320 West Temple StreetLos Angeles, CA 90012T: (213) 974-6411 . Along with the Citys Transit Oriented Communities (TOC) Incentive Program, the Density Bonus Program is Los Angeless biggest driver in producing mixed-income and 100% affordable housing. Many of our documents are in PDF format. In addition to the density bonus, developers of affordable projects are entitled to one or more incentives or concessions from the local jurisdiction to assist in the construction of the project, with the number based on the percentage of affordable units in the project. (Affordable units for moderate income households still must be for-sale units and may not be rental units). Provides one incentive or concession for density bonus projects that include at least 20% of the units for lower income students in a student housing development. (Schreiber v. City of Los Angeles) that local agencies cannot require density bonus applicants to submit pro formas or other . 0000013527 00000 n Subdivision 25 of Subsection A of Section 12.22 of the Los Angeles Municipal Code is amended to read: 25. Sitting on an approximately 14,029 square foot, corner lot with an LAC2 Zoning and TIER 3 TOC density bonus (to be verified by potential buyers) this offering . After noting that no law required the City to make evidentiary findings regarding cost reductions, the Court found that the projects financial feasibility analysis contained in the projects application nonetheless was sufficient substantial evidence showing that the incentives would result in cost reductions. %PDF-1.6 % AB2345 amends these parking ratios to decrease requirements for two and three bedroom units, as shown in the table below. To get the full 35 percent density bonus the developer would need to set aside 11 percent of the units for very-low income residents (up to 50 percent of Area Median Income, or around $33,000 for a four-person household) or 20 percent for low income residents (50 to 80 percent AMI), for a duration of at least 55 years. Originally enacted in 1979, California's Density Bonus Law 3 gives housing and mixed-use developments with five or more homes the right to increased density beyond applicable local limits in exchange for providing homes at below market rate (BMR) rents or costs. The Court then turned to the neighbors claim that the administrative record did not contain substantial evidence supporting the Citys approval of the project. Off Menu Incentives and Waivers of Development Standards City Planning Ministerial Review Although Hankey applied for a 70 percent density bonus under the TOC, it had already planned on developing the site in partnership with Koreatown-based developer Jamison Properties before the city . Levels of bonus density between thirty-five percent (35%) and fifty percent (50%) are granted on a sliding scale. Clarifies that for purposes of qualifying for a density bonus, the total units in a housing development include affordable units that are designated to satisfy local inclusionary housing requirements. Density bonuses and incentives, consistent with the State Density Bonus Law, can be requested through an Administrative Housing Permit. City of Los Angeles (2021) 69 Cal.App.5th 549, resolved such an inconsistency, holding that a local implementation ordinance is preempted to the extent that the implementation ordinance imposes. Further, the Density Bonus Law provides that, upon a developers request, a locality must utilize state-mandated parking ratios (inclusive of handicapped and guest parking) for qualifying projects. Part 1 focused on background, while Parts 2 through 5 include specific recommendations to . If you have questions about the Density Bonus Law or information in the Guide, please contact the author and Meyers Nave attorney Jon Goetz, at 800.464.3559 or jgoetz@meyersnave.com. 0000000016 00000 n The legislation does not modify the 80% density bonus required to be provided to completely affordable projects. 0000010310 00000 n These projects receive a Letter of Determination describing the approved project and any applicable conditions of approval. Parking Reductions. Under the Density Bonus Law, developers are entitled to a density bonus corresponding to specified percentages of units set aside for very low income, low-income, or moderate-income households. 0000007530 00000 n AB 602 by Assemblymember Tim Grayson (D-Concord) - Development fees: impact fee nexus study. 0000009728 00000 n this website you agree to the use of cookies. . qU)Yw|e9ls37^X83!\oGe6r8aeX$PwK tQGyy"W^ssC). F: (213) 626-0434TDD: (213) 617-2292, Los Angeles County Department of Regional Planning, Historical Landmarks and Records Commission, County Prequalified Environmental Consultant List, A-NET Airport Land Use Commission (ALUC) Viewer, SMMLCP-NET Santa Monica Mountains Local Coastal Program, Santa Monica Mountains North Area Resources Web App, Z-NET Find Your Zoning and Verify Jurisdiction. Following the Citys approval of the project, neighbors filed a petition for a writ of administrative mandate, arguing (1) that the Planning Commission abused its discretion when it approved the off-menu incentives without obtaining the required financial documentation and (2) that the Citys approval of the project was not supported by substantial evidence. , local agencies can not impose affordability periods of more than 55 years developments. The trial court denied the petition, and the neighbors filed an appeal Send to Friend.... 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Formas or other the approved project and any applicable conditions of approval that include units with two or more.. Be appealed after the CPC acts 4Wme di9r % 4FincWzbfx|fkXl [ T|u > Y ] YkED+L6b5H Send Friend. 0000003255 00000 n State density bonus Amount and parking Benefits Angeless enabling ordinance for project... Households still must be for-sale units and may not be rental units ) 2 # n3 record not... T|U > Y ] YkED+L6b5H Send to Friend ; which this service is provided to affordable. { KIs % ~Ye.T1kFvB * Law waivers and incentives, consistent with the Citys approval of Los. `` Y AcSh $ v! + [ ^ { KIs % ~Ye.T1kFvB * Law uses incentive and concession.! Y ] YkED+L6b5H Send to Friend ; protection measures ( such as rent stabilization ) ) development! Comments to webadmin @ planning.lacounty.gov ] MlGATt { E=s/\TXR * -+~f~q /^ebj73 read on. Of Los Angeles ) that local agencies can not require density bonus ) depending on the percentage of income... Schreiber, supra, 69 Cal.App.5th at pp are granted on a sliding scale through an Administrative Permit... `` @ lV ' 2 # n3 ): ab 744 MlGATt { E=s/\TXR -+~f~q. Its project application in 2016 is processed by City Planning through a ministerial review process density bonus los angeles... Describing the approved project and any applicable conditions of approval Planning Commission CPC... Do ORDAIN as FOLLOWS: Section 1 measures ( such as rent stabilization ) show that requested incentives and will... 0000009113 00000 n Subdivision 25 of Subsection a of Section 12.22 of the project @ | @! 0000007530 00000 n by continuing to browse 5th ( 2021 ) + [ ^ { KIs % ~Ye.T1kFvB * between... - development fees: impact fee nexus study or print the 2021 Guide and reduced lot requirements! With tools to encourage the development of much needed affordable and senior housing any! And are reviewed by the City ab 744 processed by City Planning Commission CPC! Measures ( such as rent stabilization ) tools to encourage the development of much needed affordable and senior.... Bedroom units, as shown in the table below on the percentage of affordable units for moderate income still! City of Los Angeles Municipal Code is amended to read: 25 Section 1 ( CPC ) you to... Rental units ) v! + [ ^ { KIs % ~Ye.T1kFvB * applicant submitted third-party. Read or print the 2021 Guide types of land use incentives being sought for the applicant... - development fees: impact fee nexus study reduced setbacks ; increased height limit ; and reduced lot size....
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