0000009519 00000 n For readability, we use incentive to refer to both incentives and concessions in this post. AqL4.:h\>3u|gqA j8h\>A 'q54.p|OH4.F&. Eliminates the requirement that for-sale units for moderate income households must be in a common interest development in order to qualify for a density bonus. 0000002030 00000 n (Schreiber, supra, 69 Cal.App.5th at pp. 0000011691 00000 n For more information please refer to our Privacy Policy. 0000007530 00000 n Replacement of Existing Residential Dwelling Units. AB2345 amends these parking ratios to decrease requirements for two and three bedroom units, as shown in the table below. Parking Reductions. 0000014725 00000 n This website uses cookies that only record anonymous statistical data not individually identifiable personal 0000068446 00000 n Higher Density Bonus For housing projects where all units are affordable to low and very low income residents, AB 1763 more than doubles the density bonus to 80%. (a).) 0000010840 00000 n 0000002922 00000 n 0000000016 00000 n AB 2345 also reduces the parking requirements for many projects located near accessible major transit stops. Some local jurisdictions adopt implementation ordinances that modify or add to the requirements of density bonus law, and many jurisdictions fail to update their implementation ordinances when density bonus law is amended. Bigger Density Bonus. The primary take-away from this case is to always check a density bonus local implementation ordinance against state law. 0000004022 00000 n . }k9/?NE2o,):k;U+"-;Nll,s%4'UMf,Cxpfe4=hS\}5qc_,W_lc.tqC]9~g\5Y_k]|l]A2Gwu43eg 0000010946 00000 n 0000011464 00000 n 0000005586 00000 n Density Bonus is a State-mandated incentive program that allows qualifying residential projects to construct additional housing, in exchange for setting aside a percentage of those units as restricted affordable. 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. State Density Bonus Law (2020): SB 35 + AB 2162 Access Los Angeless enabling ordinance for the State Density Bonus Program. AB 634 allows a local government to adopt an ordinance requiring an affordability period of more than 55 years in density bonus housing projects. 0000000852 00000 n 0000072751 00000 n AB 2345 amends the Density Bonus Law to increase the maximum density bonus from thirty-five percent (35%) to fifty percent (50%). 0000012594 00000 n 0000006234 00000 n All rights reserved. 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 . Incentives & Concessions; Parking; Qualifying Units. 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. . Rendering of TCA Architect's Camden Glendale apartments, which received a 32.5% density bonus. Californias Density Bonus Law provides housing developers with tools to encourage the development of much needed affordable and senior housing. Court of Appeal Upholds the Project Approval. 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 $33,000 for a four-person household) or 20 percent for low income residents (50 to 80 percent AMI), for a duration of at least 55 years. AB 571 prohibits local governments from charging affordable housing impact fees, including inclusionary zoning fees and in-lieu fees, against affordable units in density bonus housing developments. 733 0 obj <> endobj For more than forty years, Californias Density Bonus Law (Government Code Section65915 et seq.) These determinations may not be appealed after the CPC acts. x]nP}$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& THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Section 1. 2009 Los Angeles County Department of Regional Planning. Density Bonus Law Impacts and Schreiber v. City of Los Angeles. However, these local ordinances cannot impose affordability periods of more than 55 years in developments financed with low income housing tax credits. Policy 1.3: Coordinate with the private sector in the development of housing for low and moderate income households and those with special needs. 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. 0000013934 00000 n 0000003255 00000 n tPxd?.KM.1 alc{0! 0000011960 00000 n 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. Subdivision 25 of Subsection A of Section 12.22 of the Los Angeles Municipal Code is amended to read: 25. Density bonus law (Gov. 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. Attorney Advertising: The enclosed materials have been prepared for general informational purposes only and are not intended as legal advice. SB 290 makes several changes to density bonus law, including: Sale of Affordable Units to Nonprofit Corporations. 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. THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Section 1. startxref 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. 0000012780 00000 n Matthew Saria Los Angeles (+1 213-229-7988,msaria@gibsondunn.com). 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. 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 . hbbd`b`eb``b`> S@x|o ?OLyLLL 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. 0000012110 00000 n Ben Saltsman Los Angeles (+1 213-229-7480,bsaltsman@gibsondunn.com) The court found that a City of Los Angeles ordinance requiring density bonus applicants to submit information to show incentives and concessions are needed to make the project economically feasible was preempted by state density bonus law because the requirement was based on a former version of the law that has since been revised. undermine the Density Bonus, and then summarize the empirical evidence to that ef fect. 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. 123 0 obj<>stream 0 Department of Regional Planning, Community Development Commission. Home Find Answers Contact DRP Board of Supervisors Regional Planning Commission Airport Land Use Commission Hearing Officer Hearing Examiner Historical Landmarks and Records Commission Public Meeting All Advisory Committees Contact DRP App. AB 571 by Assemblymember Chad Mayes (I-Rancho Mirage) - Planning and zoning: density bonuses: affordable housing. AB 2345, together with AB 168 which was also approved in 2020, expands the annual housing reporting requirements for local governments to now include information on density bonus projects (Government Code Section 65400). Qualifying Density Bonus projects can select from a number of pre-vetted "on-menu" incentives or request the approval of "off-menu" waivers of development standards, in addition to a by-right density increase of up to 35% and a reduction in parking requirements. 0000014545 00000 n 0000013527 00000 n 5th (2021). |\+@cq 4& 0000014545 00000 n d~[T!NV Lauren Traina Los Angeles ( +1 213-229-7951, ltraina@gibsondunn.com) (Affordable units for moderate income households still must be for-sale units and may not be rental units). qU)Yw|e9ls37^X83!\oGe6r8aeX$PwK tQGyy"W^ssC). 0000005981 00000 n Please send website questions and comments to webadmin@planning.lacounty.gov. 0000008271 00000 n For more information please refer to our Privacy Policy. 0000001236 00000 n Provides parking standards of one-half space per bedroom for housing developments which include at least 40% moderate income units that are located within a half mile of a major transit stop. 0000007530 00000 n Schreiber concerns a project in the City of Los Angeles (City) that requested off-menu[1] incentives[2] afforded by density bonus law. |\+@cq 4& endstream endobj 734 0 obj <> endobj 735 0 obj <>/Rotate 0/Type/Page>> endobj 736 0 obj <>stream xref In 2017, Assembly Bill No. Finally, AB2345 amends the Density Bonus Law to provide local governments discretion to grant additional waivers or reductions in development standards for projects located within a one-half mile radius of a major transit stop and provide further reduced parking standards for eligible residential projects that (i)provide unobstructed access to a major transit stop or (ii)are restricted to for-rent housing for individuals who are 62 years of age or older with paratransit service or unobstructed access to a fixed bus route that operates at least eight (8) times per day. 0000070100 00000 n AB 2345 increased the top range of the density bonus to 50% for housing projects with 15% very low income units, 24% lower income units, or 44% moderate income units. City of Los Angeles (2021) 69 Cal.App.5th 549, resolved such an inconsistency, holding that a local implementation ordinance is preempted to the extent that the implementation ordinance imposes. Code (LAMC), 12.22-A.25.g.3.i.a [emphasis added].) Further, the Density Bonus Law provides that, upon a developers request, a locality must utilize state-mandated parking ratios (inclusive of handicapped and guest parking) for qualifying projects. 0000004426 00000 n {O0sl3$'Kn&Bj&| aQl%i+sLmO_Y{U\nUuJ*]tE@I0-$bO,|\]'n " 5`y7O=,#8I 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. 0000005253 00000 n information to improve the functionality and analytical performance of the website. Code, 65915, subd. Gibson Dunns lawyers are available to assist with any questions you may have regarding these issues. 0000011362 00000 n 0000004605 00000 n Density Bonus and Inclusionary Housing Plan to construct a new 3-story, 17-unit, 23,134 square-foot residential building, featuring two affordable units restricted to very-low income households with a one-level subterranean parking garage including 38 parking spaces. dXn7@ C To the extent the local ordinance requires an applicant to do more than density bonus law, it is preempted. dXn7@ C 0000002030 00000 n 0000012814 00000 n 0000003255 00000 n Page 2 . Density bonuses and incentives, consistent with the State Density Bonus Law, can be requested through an Administrative Housing Permit. Before 2021, developers of density bonus projects were automatically entitled to obtain parking requirements of two spaces for two and three bedroom homes by requesting that standard, but AB 2345 lowers this standard to one and one-half spaces for two and three bedroom homes. According to ZIMAS, the project is not located on a substandard street in a Hillside area 0000012780 00000 n 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. 50% Density Bonus (DB50). These projects are not subject to an appeal. Read up on housing activity and trends across the City. Affordable Housing Incentive Guidelines (2005) An applicant may apply for one or more "incentives" for density bonus projects, between one and four, depending upon the number of affordable units in the project - to reduce affordable housing costs. /z!rq=_4k!%^@f2 e@C.C"kS:_DAh5|M R'+oCxM/w`pc"w+htt4aAVLZ#%\8:P@[ZXX!p41))0--DAAaccdaBFAALh"`(v90fFu5D)dqP @3 H[vxbLoz3,dhg0CQaYL2,eX0v- c\o3\` A project requesting only a density bonus up to 35%, and/or reduced parking as specified by State Density Bonus law or LAMC12. 0000012594 00000 n 0000013295 00000 n This website uses cookies that only record anonymous statistical data not individually identifiable personal 0000001581 00000 n Lofts California Los Angeles 3685 Motor Ave, Los Angeles, CA 90034. AB 602 by Assemblymember Tim Grayson (D-Concord) - Development fees: impact fee nexus study. By continuing to browse City of Los Angeles. 0000004758 00000 n The Court then turned to the neighbors claim that the administrative record did not contain substantial evidence supporting the Citys approval of the project. Share. 0000004022 00000 n Where appropriate, promote such development through incentives. The number of incentives or concessions to which a project is entitled is based on the percentage of affordable units set aside. 0000002753 00000 n %%EOF 0000009728 00000 n 0000002922 00000 n 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. In addition, a 2021 appellate court ruling changes the types of information that local governments can require from density bonus applications seeking an incentive or concession. Subdivision 25 of Subsection A of Section 12.22 of the Los Angeles Municipal Code is amended to read: 25. Parking requirements for projects with at least 11% very low income or at least 20% lower income units, which are located within mile from an accessible major transit stop, are reduced from space per bedroom to space per unit. Consistent with the Citys requirements, the project applicant submitted a third-party financial feasibility analysis with its project application in 2016. Department Memorandums State Density Bonus Law (2021): SB 290, SB 728, AB 634 Requests for modifications to City standards not on its pre-approved lists are considered off-menu.. 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) 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 (. 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 . xb```a``Uc`c`H @16,p5 B?,\+~?f}7#ObL$( A project that includes an off-menu request, as outlined in LAMC 12.22 A.25, is reviewed by City Planning through a discretionary review process. This is Part 2 of a five-part series by Urban One, which outlines recommendations and proposals for improving the California/Los Angeles density bonus program.Part 1 focused on background, while Parts 2 through 5 include specific recommendations to improve the density bonus and affordable housing . The local approving government has the burden of proof in defending the denial of a requested concession or incentive. %%EOF With increases in the minimum set-aside, a project can receive a density bonus of up to 35% above what the General Plan allows, based on a sliding scale. 0000007768 00000 n The legislation does not modify the 80% density bonus required to be provided to completely affordable projects. Legislative Change Increases Density Bonus Amount and Parking Benefits. 0000010660 00000 n 0000009345 00000 n 4& State Density Bonus Law (2017): AB 1934 + AB 2442 + AB 2501+ AB 2556 `kj6`=$LL9m50~=3jptv^xxx[xH0#h afMg tsP@tEf(!G,B{e*h$&G$#iIa)Y( : 0b0#A Part 1 focused on background, while Parts 2 through 5 include specific recommendations to . Implementation of State Density Bonus Law (2017) (0[yd JivE!X$~{E4tp{ !vI H*9&> The density bonus law, enacted in 1979, incentivizes developers to construct more affordable housing by providing density bonuses for projects that incorporate on-site affordable units or donate qualifying land for the construction of affordable units. Any other regulatory incentives or concessions that would result in identifiable and actual cost reductions. 123 0 obj<>stream 0000002251 00000 n By using this site, you agree to our updated Privacy Policy and our Terms of Use. 0000000016 00000 n seek and receive a density or development bonus under the provisions of California Government Code Section 65915 (state Density Bonus law) or any other State or local x]\S!lLW4?DU6*%PuVK8PAm8 E:*#E*VP%%/ 1ms="!|1 n&}J[$W^}pO>p2j5K/'^-})zJDNMx@ 3?g7530&x33SS7Lm`b 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. This is Part 5 of a five-part series by Urban One, which outlines recommendations and proposals for improving the California/Los Angeles density bonus program. this website you agree to the use of cookies. 0000013295 00000 n Required Submission of Pro Formas. However, local agencies can require applicants to show that requested incentives and concessions will result in cost reductions for the project. 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 the total for-sale units are for moderate income households. In 2018, the City Planning Commission approved the project, including the applicants request for off-menu incentives, finding that the record did not contain substantial evidence that would allow the City Planning Commission to deny the incentives. Department of Regional Planning320 West Temple StreetLos Angeles, CA 90012T: (213) 974-6411 . Furthermore, the Countys Density Bonus Ordinance provides waivers or modifications to development standards, requests for incentives that do not meet the States criteria for qualified affordable housing developments, and up to a 50% density bonus for senior citizen housing developments through a Discretionary Housing Permit. Off Menu Incentives and Waivers of Development Standards 0 Code, 65915) requires local jurisdictions to adopt an implementation ordinance to ensure compliance with it. trailer Amy Forbes - Los Angeles (+1 213-229-7151, aforbes@gibsondunn.com) Ben Saltsman - Los Angeles (+1 213-229-7480, bsaltsman@gibsondunn.com) . xref 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. d\a0ol;-` `7 0000013708 00000 n /z!rq=_4k!%^@f2 e@C.C"kS:_DAh5|M R'+oCxM/w`pc"w+htt4aAVLZ#%\8:P@[ZXX!p41))0--DAAaccdaBFAALh"`(v90fFu5D)dqP @3 H[vxbLoz3,dhg0CQaYL2,eX0v- c\o3\` 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. Many of our documents are in PDF format. 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. State Density Bonus Law (2015): AB 744. The amount of density bonus required to be given under Californias Density Bonus Law is set on a sliding scale based on the percentage of affordable units provided. Department of Regional Planning320 West Temple StreetLos Angeles, CA 90012T: (213) 974-6411 . density bonus) depending on the types of land use incentives being sought for the project, if any. xMN0Y=_lg6 !iK'.^5_d3_i&2M_SAjm+ ACGISn(lB#7qMHnIR"B(`q]15_ 5-{i|RV 1mgX)Hy ,NQj0: )RPzlP$)X=gE!2j"wq$F'2aqXk~bFK{Iz2?/qk,=Z:J Z3:{,B endstream endobj 738 0 obj <>stream 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. 0000007824 00000 n You can download Adobe Reader by clicking this link. 0000010477 00000 n No CEQA review is conducted; however, all other LAMC-required processes and procedures, including those for notification and appeals are required. 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. Privacy Statement. 0000005512 00000 n 0000008950 00000 n trailer 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. 0000001968 00000 n All Rights Reserved. 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& 0000002364 00000 n These projects receive a Letter of Determination describing the approved project and any applicable conditions of approval. The city of Los Angeles spearheaded the request for that exemption in recognition of its . Send to Friend; . information to improve the functionality and analytical performance of the website. jJ'7SA1ckzNk/~r"}K8Bp{j c(nY| ? Los Angeles Municipal Code (LAMC) Section 12.22 A.25 authorizes the Director of Planning to approve applications for Density Bonus requesting up to three On-M enu Incentives; and the City Planning Commission (CPC) to approve applications for Density Bonus requesting Off-Menu Incentives or Waivers of Development Standards. 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. 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. 754 0 obj <>stream 0000000016 00000 n 0000005623 00000 n %%EOF %PDF-1.5 % 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. 0000012326 00000 n Continue to promote the County Density Bonus Program to developers through the dissemination of brochures, presentations and web postings on the DRP web site, and by offering technical assistance to the public. $8,950,000. 0000007998 00000 n Many of our documents are in PDF format. Density Bonus Policy These legislative changes are outlined below and incorporated into the 2021 update of our Guide to the California Density Bonus Law. Gibson, Dunn & Crutcher LLP 2023. 2501 (AB 2501) went into effect. Density bonuses and incentives, consistent with the State Density Bonus Law, can be requested through an Administrative Housing Permit. 0000009728 00000 n hDj:.XpD$P %PDF-1.6 % 76 48 76 0 obj <> endobj Along with the City's Transit Oriented Communities (TOC) Incentive Program, the Density Bonus Program is Los Angeles's biggest driver in producing mixed-income and 100% affordable housing. These practices can lead to inconsistencies between state law and local ordinances. LADBS Ministerial Review hL 0UADCB~87(c}K$qmg~wv/>J2EP AB 2345 and AB 1763 Revised Memorandum (2022) Californias Density Bonus Law provides housing developers with tools to encourage the development of much needed affordable and senior housing. Under the Citys density bonus law implementation ordinance, where an applicant requests an off-menu incentive, the Citys implementation ordinance states that an applicants request shall include a pro forma or other documentation to show that the waiver or modification of any development standard(s) are needed in order to make the [projects affordable housing units] economically feasible. (L.A. Mun. Thus, the portion of the Citys implementation ordinance that required an applicant to demonstrate that an off-menu incentive was needed to make the project economically feasible was preempted. 0000013117 00000 n THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Section 1. 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. > endobj for more information please refer to both incentives and concessions will in... That requested incentives and concessions will result in cost reductions for the project, if any incentives sought. Housing Permit affordable housing please refer to our Privacy Policy tools to encourage the development much! 12.22 of the City of Los Angeles ( +1 213-229-7988, msaria @ )! Local implementation ordinance against state Law and local ordinances > endobj for more information please refer both... Land use incentives being sought for the state density Bonus this post however, local. Undermine the density Bonus Law ( 2015 ): ab 744 table below tools to encourage development... Performance of the Los Angeles and those with special needs the Los Angeles Municipal is! With any questions you may have regarding density bonus los angeles issues n tPxd?.KM.1 alc { 0 our Guide the!, consistent with the state density Bonus required to be provided to completely affordable.! To show that requested incentives and concessions will result in cost reductions n Replacement of Existing Dwelling... 0000012594 00000 n Page 2 decrease requirements for two and three bedroom Units, as shown in the of... The denial of a requested concession or incentive depending on the types of land use being. Submitted a third-party financial feasibility analysis with its project application in 2016 result cost! The primary take-away from this case is to always check a density Bonus Amount and parking Benefits and then the! Section65915 density bonus los angeles seq. of housing for low and moderate income households and those with special.... To show that requested incentives and concessions will result in cost reductions for the project applicant a...: impact fee nexus study identifiable and actual cost reductions for the state density Law... Functionality and analytical performance of the website check a density Bonus Law, can be requested through an housing... 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