HomeMy WebLinkAbout11/14/1989, 3 - APPEAL OF PLANNING COMMISSION ACTION TO ALLOW SALES OF HOT DOGS FROM A CART TO BE LOCATED ON A VACA p :i i �rvG AGENDA Q
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MoZe COUNCIL AGENOA REPORT
FROM: Randy Rossi, Interim Community Development Director,
By: Greg Smith, Associate Planner
SUBJECT: Appeal of Planning Commission action to allow sales of hot dogs from a
cart to be located on a vacant lot at 680 Higuera Street, between Broad
and Nipomo Streets.
RECOMMENDATION:
After considering the appeal and testimony, and prior actions by the
Administrative Hearing Officer and Planning Commission, determine whether to
uphold or deny the appeal.
DISCUSSION:
On August 25, 1989, the Administrative Hearing Officer denied a use
permit for hot dog sales. The denial was based on findings that the use would
not be consistent with adopted Planning Commission policies, and that approval
might be construed as a precedent leading to adverse impacts on downtown
character.
On September 7, the applicant appealed the Hearing Officer's decision to the
Planning Commission. The commission upheld the appeal (approving the hot dog
sales) at a hearing on October 11. On a 5-1 vote, they found that the proposal
would be consistent with commission policy regarding such uses in the downtown
area.
On October 19, the commission's decision to approve was appealed to the council
by Robert Holley of McLintock's Restaurant, which is located next door to the
proposed site. That appeal cites concerns with establishing a precedent for other
outdoor sales operations (see attached).
SIGNIFICANT IMPACTS
The project is exempt from environmental review requirements, and no significant
impact on city revenues or expenditures is expected.
CONSEQUENCES OF NOT TAKING THE RECOMMENDED ACTION
If the appeal is denied, the hot dog sales cart will be allowed to operate in
accordance with conditions of approval imposed by the commission (or as modified
by the council). If it is upheld, the hot dog sales cart will not be allowed, except
in conjunction with Farmers' Market activities.
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DATA SUMMARY
Address: 680 Higuera Street
Applicant: SLO Brewing Co.
Applicant's Representative: Michael Hoffman
Appellant: McLintock's Restaurant
Appellant's Representative: Robert L. Holley
Zoning: C-C-H
General Plan: Retail Commercial
Environmental Status: Categorically exempt
Project Action Deadline: February 25, 1990
EVALUATION
The applicant proposes to operate an outdoor vending cart during lunch and early dinner
hours, Thursdays through Sundays. No other site improvements are proposed.
The stand is proposed as a temporary use, since construction of a permanent building
occupying the entire site is anticipated within a year. The cart is already used on
Higuera Street on Thursdays during Farmers' Market.
Staff suggests the council consider the following policy issues in reviewing this request:
1. Letter of Appeal
The appeal was filed on behalf of McLintock's restaurant, which is located next door to
the project site. The appeal (attached) indicates concern with establishing a precedent
which might lead to outdoor sales occurring on every downtown vacant lot.
The staff report to the Planning Commission noted a similar concern, and suggested the
commission adopt more specific policies regarding the type, design, number and location
of similar stands.
The appellant did not testify at either the administrative or commission hearing on this
application.
2. Current Policy on Outdoor Sales
Outdoor sales of items which are usually sold indoors is allowed by Zoning Regulations
subject to approval of an administrative use permit. Outdoor sales must be of a type
allowed as indoor sales in the particular zone, and parking, setback, screening and other
development standards are established by use permit on a case-by-case basis.
A Planning Commission Policy Resolution from 1982 is attached for reference. That
resolution specified, in part, that outdoor sales should be limited to items that are
"generally compatible and customarily sold outdoors'; current Zoning Regulations cite
flower or vegetable stands as examples.
At their October 11 meeting, the Planning Commission determined that this food stand
was consistent with their interpretation of this policy. Staff would also note that outdoor
food stands are common in other communities.
Approval of food stands or carts on sidewalks or other public property are within the
jurisdiction of the City Council, except as allowed during Farmers' Market activities. The
council routinely denies an average of twelve applications per year. The applicant
originally made a request at the City Clerk's office to operate on sidewalks and in the
Mission Plaza, but withdrew the request when advised of council policy.
3. Other Issues
Various arguments for and against this type of operation have been cited in previous
discussions at commission and administrative hearings:
Pro
-Adds to pedestrian activity levels.
-Brightly colored stands add to visual interest of streetscape.
-Provides a convenient service to downtown patrons.
Con
-Stands can be "tacky", add to visual clutter.
-Cause litter problems.
-Constitute unfair competition to merchants who pay property taxes on buildings
they occupy, and who must spend more to meet health codes. (Including provision
of restrooms for patrons; outdoor stands are only required to provide restroom
facilities for employees. The applicant's employee restroom will be in the
Silvaggio Building, next door to the stand's site.)
4. Parking
Staff and the Planning Commission evaluated several factors which should be considered
in evaluating the stand's impact on parking demand:
-Most patrons will not make special trips downtown just to patronize the stand,
but some patrons will prolong their stays. Some patrons may even shorten their
downtown stay by patronizing this "fast food" stand as an alternative to a meal at
a downtown restaurant, and their place at the restaurant might or might not be
taken by new patrons. The impact of the food stand might be magnified by
operation of other stands approved in the future.
-Localized impact on curbside parking may be significant. The demand for
curbside spaces near the stand will increase, and some patrons may illegally use
passenger and commercial loading zones in front of the site. Double parking may
also occur.
J.3
Application of parking requirements on the same basis as for a similar indoor use is not
clear-cut; the areaoccupied by the cart is so small that the calculation would round off
to a requirement of zero spaces. Staff would note that the use permit approval process
allows parking requirements to be established as a condition of approval, and that any
parking in-lieu fees which were now would be credited toward future construction at the
site.
The commission concluded that no parking requirement is warranted.
5. Appropriate Conditions of Approval
The draft resolution for denial of the appeal (thus, approving the hot dog sales) refers
to the conditions adopted by the Planning Commission. Those conditions provide for
review in May 1990, with the possibility of extending or cancelling the use permit; hours
of operation; type of food and beverages which can be sold; setbacks, signage, and other
standards for operation; and a requirement to comply with Health Department
requirements.
OTHER DEPARTMENT COMMENTS
The County Health Department has reviewed the proposed equipment and restroom
facilities, and they meet their requirements.
The city's Parking Program Coordinator concurs with Planning Staff regarding the
difficulty of assessing parking demand, and has not made any definite recommendation
regarding payment of in-lieu fees or other requirements.
ALTERNATIVES
The council may approve or deny the appeal, or may continue the request with direction
to staff, the appellant, and the applicant regarding additional information required.
RECOMMENDATION
The council should consider testimony received at the council hearing, as well as the
minutes and actions of the Planning Commission and Administrative Hearing Officer,
before determining whether the proposed use is appropriate.
If the council determines the use is appropriate, the draft resolution deiX)dng the appeal
should be adopted. Conditions of approval may be added or modified, if desired.
If the council determines the use is not appropriate, the draft resolution Wholding the
appeal should be adopted. The use permit would be denied.
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Attachments:
Draft Resolutions
Vicinity Map
Site Plan
Cart Mustration
Letter of Appeal
Minutes:
10/11/89 Planning Commission
8/18/89 Administrative
Commission Resolutions:
10/11/89 Approving Use Permit
4/28/82 Outdoor Sales Policy
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U RESOLUTION NO. (1989 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING AN APPEAL FROM THE ACTION OF THE PLANNING COMMISSION TO
APPROVE USE PERMIT A 110-89, ALLOWING OUTDOOR SALES OF HOT DOGS
AT 680 HIGUERA STREET
WHEREAS, the Administrative Hearing Officer conducted a public
hearing on Use Permit Application No. A-110-89, on August 18, 1989, and denied the
application; and
WHEREAS, the decision of the Hearing Officer was appealed to the
Planning Commission, which conducted a public hearing on October 11, 1989, and
determined to approve the application; and
WHEREAS, McLintock's Restaurant (Apellant) has appealed that
decision to the City Council; and
WHEREAS, the council has considered the testimony and statements of
the applicant, appellant, and other interested parties, and the records of the
Administrative and Planning Commission hearings and actions, and the evaluation_ and
recommendation of staff; and
WHEREAS, the council determines that the action of the Planning
Commission was appropriate;
NOW, THEREFORE, the council resolves to deny the appeal and
affirm the action of the Planning Commission, thereby approving Use Permit
Application A110-89 subject to the following findings and conditions adopted by the
Planning Commission Resolution No. 4099-1989:
Section 1. Findings:
1. The proposed temporary use will not adversely affect the health, safety,
and welfare of persons living or working in the vicinity.
2. The proposed temporary use is consistent with commission policy
regarding such uses in the downtown area.
Resolution No. (1989 Series)
A 110-89, 680 Higuera Street J
Page 2
Section 2. Conditions:
1. A review of the use permit shall be conducted in May 1990 at an
Administrative Hearing. At that review, conditions may be modified or
added, or the use permit may be revoked based on circumstances at the
time and any community concerns with the use.
2. Use permit approval is for the sale of hot dogs and related food and
non-alcoholic drink items only. No other items shall. be sold in
conjunction with the same use.
3. Outdoor sales shall be limited to the hours of 10 a.m. to 8 p.m.
Thursday through Sunday.
4: No sales shall take place in the public right-of-way and no equipment,
merchandise, or signs shall be located within the public right-of-way.
5. No signage, other than the cart itself, shall be allowed.
i
6. All equipment, merchandise, and signs shall be removed from the site at
the close of each business day.
7. A copy of the approved use permit and business license shall be posted
on-site in a conspicuous location at all times when the use is in
operation.
8. No permanent structures shall be installed with the use.
9. The applicant shall comply with all the requirements of the County
Health Department.
10. The applicant shall provide an all-weather, dust-free surface in the
vicinity of the cart to the approval of the Community Development.
Director.
11. The cart shall be set back at least 6 feet from the back of the public
sidewalk
12. The applicant shall provide one waste receptacle on site.
13. The site shall be maintained within the hours of operation in a neat and
orderly manner. All plant materials shall be maintained and replaced as
needed.
Resolution No. (1989 Series)
A 110-89, 680 Higuera Street
Page 3
On motion of seconded by
AYES: and on the following roll call vote:
NOES:
ABSENT:
the foregoing resolution was passed and adopted this day of
1989.
Mayor
ATTEST:
City Clerk
APPROVED:
tyAd ' 'strative Officer
#jr
Community Development-Director
RESOLUTION NO. (1989 SERIES) '
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
UPHOLDING AN APPEAL FROM THE ACTION OF THE PLANNING COMMISSION TO
APPROVE USE PERMIT A 110-89, ALLOWING OUTDOOR SALES OF HOT DOGS
AT 680 HIGUERA STREET
WHEREAS, the Administrative Hearing Officer conducted a public
hearing on Use Permit Application No. A-110-89, on August 18, 1989, and denied the
application; and
WHEREAS, the decision of the Hearing Officer was appealed to the
Planning Commission, which conducted a public hearing on October 11, 1989, and
determined to approve the application; and.
WHEREAS, McLintock's Restaurant (Apellant) has appealed that
decision to the City Council; and
WHEREAS, the council has considered the testimony and statements of
the applicant, appellant, and other interested parties, and the records of the
Administrative and Planning Commission hearings and actions, and the evaluation and
recommendation of staff; and
WHEREAS, the council determines that the action of the Planning
Commission was NOT appropriate;
NOW, THEREFORE, the council resolves to uphold the appeal, and
denies Use Permit Application A 110-89, based on the following findings:
1. The proposed temporary use will adversely affect the health, safety, and
welfare of persons living or working in the vicinity.
2. Approval of the proposed temporary use may establish an undesirable
precedent for approval of other similar uses.
3. The proposed temporary use is not considered to be of a type which is
appropriate for the downtown area.
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Resolution No. (1989 Series)
A 110-89, 680 IEguera Street
Page 2
On motion of seconded by -and on the following roll call vote:
AYES:
NOES:
ABSENT.
the -foregoing resolution was passed and adopted this day of
. 1989.
Mayor
ATTEST:
City Clerk -
APPROVED:
City A trative Officer
Community Development Director
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990 Palm Street/Post Office Box 8100 •San Luis Obispo, CA 93403-8100
APPEAL TO CITY COUNCIL
In accordance with the appeals procedure as authorized by Title I. Chapter
1.20 of the San Luis Obispo Municipal Code, the undersigned hereby appeals
from the decision of T//l; Q[JVA/(0)L 1!41+ MLSS;MJ rendered
on DCYU6IsYL which decision Consisted of the following (i.e.
set forth factual situation and the grounds for submitting this appeal.
Use additional sheets as needed) :
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The undersigned discussed the decision being appealed from with:
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Appellant: /
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Name/Title.
Representative
OCT 19
Address
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J Original for City Clerk
Copy to City Attorney
Caleridared for: Y �� � - � Copy to City Administrative Officer
Copy to the following department(s) :
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City Clerk
P .C. `Minutes
October 11, 1989.
Page 5 .
---------------------------------------9----------
Item 3. Public Hearing: Use Permit A 110-89. Appeal of Hearin Officer ' s
action denying a request to allow sales of hot dogs from a cart ;
680 Higuera Street ; C-c-H zone; SLO Brewing Company ,
applicant/appellant.
Commr. Karleskint stepped down, due to a conflict of interest.
Pam Ricci presented the staff report and recommended denial of the appeal .
Chairperson Duerk opened the public hearing.
Mike Hoffman, 1119 Garden, applicant , requested approval of the hot dog
cart sales and felt it would be an enhancement to the downtown area. He
stated he did not intend to use a separate sign for advertising.
Pat Gerety , 793 Buchan, asked if this use would result in requiring parking
in-lieu fees. Staff agreed to investigate. Mr. Gerety was concerned with
the lack of requirements for on-site bathrooms, parking, trash disposal,
and other standard requirements of restaurant use. He felt exempting this
use gave an unfair- competitive edge against the full-service. restaurants.
He was against deferences to temporary uses and stated Ken Bruce had told
him cart sales were not allowed in the downtown area.
Becky Hoffman, 1119 Garden, felt the sales would be an enhancement to the
downtown and would prove an improvement to the vacant site.
Chairperson Duerk closed the public hearing.
Commr. Crotser moved to uphold the appeal , subject to findings and
conditions, modifying condition 2 to limit drink sales to non-alcoholic
types , condition 5 deleting the use of a separate sign, conditions 6 , 8 and
11 regarding permanent structure development, and adding an additional
condition about on-site trash containers and property maintenance .
Commr. Kourakis seconded the motion , Resolution No. ,4099-89.
Chairperson Duerk stated she did not feel this was the best location for
this use.
VOTING: AYES - Commrs . Crotser, Kourakis, Hoffman, Roalman and. Schmidt .
NOES - Commr. Duerk.
ABSENT - Commr. Karleskint .
The motion passes.
Commr. Karleskint rejoined the meeting.
3-�S
i
ADMINISTRATIVE HEARING - MINUTES
FRIDAY AUGUST 18, 1989
Use Permit Appl. A 110-89. Request -to allow sales of hot dogs
from a cart; 680 Higuera Street;
C-C-H zone; SLO Brewing Co. ,
applicant.
Greg Smith presented the staff report. He expressed staff's
concern with the project in reference to the Planning Commission
Resolution opposing sales of merchandise from any type of outdoor
stand, except for merchandise which is traditionally sold in that
manner. He :noted this could be subject to interpretation, however,
the commission's intent at that time was to allow for flower and
produce-type sales, and not any other types. He further explained
staff's concern with the absence of a more specific policy, since
the Hearing Officer might be establishing policy by approving these
types of outdoor sales uses on a hit-or-miss basis.
Mr. Smith suggested that it might be appropriate to refer this
issue to the Planning Commission, but noted that staff is
recommending denial at this point, based on the finding that the
use isnot clearly consistent with the adopted Planning Commission
Resolution, and approval in the absence of a policy regulating the
design, number, and location of outdoor sales may be construed as
a precedent leading to adverse impacts on the downtown character.
He further noted that once one is established, it is possible that
numerous requests for similar operations will be submitted. Mr.
Smith further noted that the Health Department has indicated that
the request conforms with the their requirements, subject to their
having approval for access to restroom facilities within 200 feet
of the proposed location. However, restroom access had not been
documented with staff at this time.
The public hearing was opened.
Michael Hoffman, applicant, spoke in support of the request. He
said he felt the request conforms with the city's guidelines; it
is on private property and the precedent has already been set for
outside sales with flower vendors, Old Country Deli's barbecue pit,
etc. He presented a letter from Lorilee Silvaggio authorizing use
of restroom facilities.
Ken Bruce asked when the use would be operating.
Michael Hoffman responded that it would be a seasonal operation;
11 a.m. to 6 p.m. daily. He explained it's the same cart they use
on Thursday nights downtown, and that a picture of it was submitted
-- with his application.
Ken Bruce asked if the applicant had spoken to any of the adjacent
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Page 2
tenants. He noted that he had received two phone calls with
concerns about the request, and had advised them to appear at this
hearing or put the complaint in writing. He also noted that they
are restaurant owners, and felt their concern might be competition.
He asked if there would be just a cart or a place for people to sit
down and eat their hot dogs.
Mr. Hoffman responded that he is only using a cart, and would
decorate it.-with flower pots. He explained that this would only
be a temporary location; the property owner's intention is to build
on that site eventually.
The public hearing was closed.
Ren Bruce took this item under submission. He explained that this
means he has 10 additional days to render a decision.
On August 25, 1989, Ren Bruce denied Use Permit Appl. A 110-89,
based on the following findings:
Findings
1. The proposed temporary use may adversely affect the health,
safety and welfare of persons living or working in the
vicinity.
_i
2. The proposed temporary use is not consistent with adopted
Planning Commission policy discouraging outdoor sales of
merchandise of types not traditionally sold in that manner.
3. Approval of this temporary use application in the absence of
policies regulating design, numbers and locations might be
construed as a precedent leading to adverse impacts on the
downtown character.
SAN LUIS OBISPO PLANNING COMMISSION
RESOLUTION NO. 4099-89
WHEREAS, the Planning Commission of. the City of San Luis Obispo did
conduct a public hearing in the City Council Chamber of City Hall, San Luis Obispo,
California on October 11, 1989, pursuant to a proceeding instituted under application
No. A 110-89 by SLb Brewing Company (Michael Hoffman), applicant.
USE PERMIT REQUESTED:
To allow sales of hot dogs from a cart
PROPERTY LOCATION:
On file in the Office of Community Development, City Hall
GENERAL LOCATION:
C) 680 Higuera Street
GENERAL PLAN LAND USE ELEMENT:
Retail-Commercial
ZONING:
C-C-H
WHEREAS, said commission as a result of its inspections, investigations, and
studies made by itself, and in behalf and of testimonies offered at said hearing, has
established existence of the following circumstances:
1, The proposed temporary use will not adversely affect the health, safety, and
welfare of persons living or working in the vicinity.
2. The proposed temporary use is consistent with commission policy regarding
such uses in the downtown area.
NOW, THEREFORE, BE IT RESOLVED that application No. A110-89 be
Capproved subject to the following conditions
Resolution No. 4099-89
Use Permit A 110-89
Page 2
1. A review of the use permit shall be conducted in May 1990 at an
Administrative Hearing. At that review, conditions may be modified or added,
or the use permit may be revoked based on circumstances at the time and any
community concerns with the use.
2. Use permit approval is for the sale of hot dogs and related food and non-
alcoholic drink items only. No other items shall be sold in conjunction with
the same use.
3. Outdoor sales shall be limited to the hours of 10 a.m. to 8 p.m. Thursday
through Sunday.
4. No sales shall take place in the public right-of-way and no equipment,
merchandise, or signs shall be located within the public right-of-way.
5. No signage, other than the cart itself, shall be allowed.
6. All equipment, merchandise, and signs shall be removed from the site at the
close of each business day.
7. A copy of the approved use permit and business license shall be posted on-site
in a conspicuous location at all times when the use is in operation.
8. No permanent structures shall be installed with the use.
9. The applicant shall comply with all the requirements of the County Health
Department.
10. The applicant shall provide an all-weather, dust-free surface in the vicinity of
the cart to the approval of the Community Development Director.
11. The cart shall be set back at least 6 feet from the back of the public sidewalk.
12. The applicant shall provide one waste receptacle on site.
13. The site shall be maintained within the hours of operation in a neat and
orderly manner. All plant materials shall be maintained and replaced as
needed.
Resolution No. 4099-89
Use Permit A 110-89
Page 3
The foregoing resolution was adopted by the Planning Commission of the City
of San Luis Obispo upon the motion of Commr. Crotser, seconded by Commr.
Kourakis, and upon the following roll call vote:
AYES: Commrs. Crotser, Kourakis, Hoffman, Roalman, Schmidt
NOES: Coin . Duerk
ABSENT: Commr. Karleskint
Randall S. Rossi, Secretary
Planning Commission
` October 11, 1989
,3-�O
SAN 1.I1TS OBISPO CITY PLANNIN(i COMMISSION ^ `y
RESOLUTION NO. 82-02.
RESOLUTION OF POLICY
CRiTERI'A FOR EVALUATING AND STANDARD CONDITIONS
OF APPROVAL TO BE CONSIDERED FOR USE PERMIT RE-
QUESTS FOR TEMPORARY OUTDOOR SALES ON PRIVATE
PROPERTY.
WHEREAS, city zoning; regulations allow temporary outdoor sales of retail
goods subject to the issuance of a use permit; and
WHEREAS, these uses would occupy vacant lots and unused portions of
developed properties with permanent facilities and could conflict with said
uses and cause traffic, safety or health problems; and
WHEREAS, the Planning Commission feels that this type of use should.
he considered on a case-by-case basis subject to a set of criteria for evaluatinr—\
each request; and
WHEREAS, the Planning Commission desires to consider typical conditions
ofapprovalfor inclusion in use permitswhen each request is considered.
NOW, THEREFORE BE IT RESOLVED by the Planning Commission that temporary
sales of goods outdoors Om private property be considered on a case-by-case
basis subject to the following set of criteria and with the following typical
conditions to be considered when each request is reviewed:
Criteria:
1 . The use i.n question should be temporary in nature, not to exceed 6 months
at a time with allowance for renewals.
2. The outdoor sales operation should be small in scale in terms of space
consumed, items sold and equipment used.
3. Temporary uses should be located so that they can share facilities with
permanent uses and not cause traffic congestion, safety hazards or _
health hazards.
4. The use should be limited to items that are generally compatible and
customarily sold outdoors.
J-c2 /
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RQSOI'Itioi1 No. 82-6_
Fai c 2
Standard conditions to he considered:
I. No sales shall take place in the public right-of-way and no equipment
merchandise or signs shall be located within the public right-of-way.
2. All equipment, merchandise and signs shall be removed from the site at
the close of each business day.
3. A copy of approved use permit and business license shall be posted on-site
in a conspicuous location at all times when the use is in operation.
4. No permanent structures shall be permitted.
5. flours and days of the sales operation shall be limited_ as determined
appropriate.
On motion of Commr. Bullock, seconded by Commr. Reiss, and on [he following
rol.l call vote:
AYES: Commrs. Bullock, Reiss, Bailey, Howard and Drucker
NOES: Commrs. Gerety and Rappa
ABSENT: None
the foregoing resolution was passed and adopted this 28th day of April, 1982.
41iiperson, Planning. Cotim�ission
uunutes action by Lead Persbn
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