HomeMy WebLinkAbout10-28-2015 PC Item 3 - 1035 Madonna (ANNX-1502-2015) San Luis Ranch EIR Scoping
PLANNING COMMISSION AGENDA REPORT
SUBJECT: Public scoping meeting to discuss the workscope of the Environmental Impact
Report (EIR) being prepared for the San Luis Ranch Project located between Madonna Road and
U.S. Highway 101.
PROJECT ADDRESS: 1035 Madonna Road BY: John Rickenbach, Contract Planner
Rachel Cohen, Associate Planner
Phone Number: 805-781-7574
Email: rcohen@slocity.org
FILE NUMBER: ANNX-1502-2015 FROM: Tyler Corey, Interim Deputy
Director
RECOMMENDATION: Receive public testimony and provide input to City and consultant
staff on any additional workscope items or environmental issues that need to be evaluated in the
San Luis Ranch Project EIR currently being prepared.
SITE DATA
Applicant
Representative
General Plan and
Zoning
Site Area
Environmental
Status
Coastal Community Builders
Brian Schwartz and Marshall
Ochylski
Specific Plan Area (various
land use designations
including—residential,
commercial, office, open
space and agriculture
consistent with the Land Use
Element)
131.3 acres
An Initial Study has been
prepared to identify issues and
guide EIR preparation.
SUMMARY
Coastal Community Builders has proposed a project that includes several entitlements that would
ultimately lead to the development of the 131.3-acre property. The project would include a
mixture of residential and non-residential uses, although substantial portions of the site would be
preserved in agricultural uses or open space. Under a Specific Plan, up to 500 dwelling units
could be built at various densities, with up to 200,000 square feet of commercial, 150,000 square
feet of office, as well as a 200-room hotel. The project site is currently outside the City, but within
its Sphere of Influence, and would require annexation. The project as proposed is envisioned to
Meeting Date: October 28, 2015
Item Number: 3
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implement the policies as articulated in the recent Land Use and Circulation Elements (LUCE)
update, and be consistent with the development parameters set forth in the LUCE.
Prior to the completion of a Draft EIR, a public consultation or scoping meeting is being held to
review the workscope and determine from interested members of the public, other agencies, and
the Planning Commission whether or not there are any other issues that need to be included as
part of the EIR workscope. A summary of workscope items is included on Page 4 of the Notice
of Preparation (Attachment 1).
1.0 COMMISSION’S PURVIEW
The Commission’s purview is to review the EIR workscope and identify if there are any other
issues that need to be included. The hearing is not a forum to discuss the merits of the proposed
project itself, which will return to the Commission at a later date with a full evaluation once the
Final EIR has been prepared.
2.0 PROJECT INFORMATION
2.1 Site Information/Setting
The site is composed of approximately 131 contiguous acres in unincorporated San Luis Obispo
County, surrounded by areas within the City of San Luis Obispo, and within the City’s Sphere of
Influence, generally bounded by Madonna Road, Dalidio Drive and U.S. Highway 101 (APN
067-121-022).
2.2 Project Description
The project is a Specific Plan, General Plan Amendment, and related actions that would allow for
the development of the San Luis Ranch (Dalidio) area as identified in the City’s General Plan.
The project includes a mix of residential, commercial, and office uses while preserving substantial
areas of open space and agriculture on a 131.3-acre property. The intent is for the project to be
consistent with the development parameters described in the City’s recently updated Land Use
Element, which envisions up to 500 residential units, 200,000 square feet of commercial uses,
150,000 square feet of office, 200 hotel rooms, at least 5.8 acres of parks, while preserving 50%
of the site in agriculture and open space.
2.3 Entitlements Needed
In order to pursue development consistent with the mix of land uses shown in the project
application, the following entitlements will need to be processed in order to implement
development on the site:
1. General Plan Amendment/Pre-Zoning
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Planning Commission Report - October 28, 2015
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2. Specific Plan
3. Processing Memorandum of Understanding (outlining a framework for process,
fees, and a methodology for determining a fair share for Prado Road
improvements)
4. Development Agreement
5. Annexation
6. Development Plan/Tentative Tract Map(s)
7. Architectural Review
1. General Plan Amendment and Pre-Zoning. The project site would require a
General Plan Amendment in order to address potential changes to the Land Use and
Circulation Element maps associated with the detailed development pattern under the
Specific Plan, although in general it is intended to be consistent with the general
development parameters currently envisioned in the General Plan. Because the site is
currently unincorporated, it will need to be pre-zoned prior to annexation to the City.
2. Specific Plan. The LUCE identifies the San Luis Ranch property as a Special Focus
Area that requires the adoption of a Specific Plan prior to any development. The
applicant is preparing a Specific Plan to accommodate the proposed development
consistent with guidance for development contained in Section 8.1.4 of the Land Use
Element.
3. Processing Memorandum of Understanding. The applicant team and staff have
prepared a permit processing agreement due to the complex nature of the project that
entails multiple entitlements and actions prior to development, including annexation,
where the process may take a substantial amount of time. This agreement provides a
framework for the planning process and related activities with respect to the project
application, even conceptually describing a framework for evaluating and
implementing fees and mitigation measures. It should be noted that approval of this
agreement in no way implies or obligates the Council to approve the project. Instead,
it provides the “ground rules” under which the project application will be processed,
and the conditions under which an annexation request would be taken to the San Luis
Obispo Local Agency Formation Commission (LAFCo) should the project be
approved. The Processing Memorandum of Understanding also authorizes a
Development Agreement application, which if approved would bind the applicant to a
series of specific conditions under which development would be allowed, subject to
approval of a General Plan Amendment, Specific Plan, and certification of related
studies, and an Environmental Impact Report (EIR).
In summary, the Processing Memorandum of Understanding is intended to achieve
the following objectives:
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Develop a mutual understanding in terms of the planning process to ensure the
orderly development of the project;
Ensure a desirable and functional community environment;
Provide effective and efficient development of public facilities, infrastructure, and
services appropriate for the development of the project;
Assure the most effective use of resources within the City, and provide other
significant public benefits to the City and its residents.
4. Development Agreement. A Development Agreement establishes certain
development rights, but also commits the developer to construct or pay for certain
amenities for the City’s public benefit that are greater than the infrastructure and
mitigations that are required to facilitate the development. These are also known as
“public benefits” and can include but not be limited to public infrastructure and
services such as bike facilities, endowments to support public services such as open
space, and/or other items of value. In that context, a Development Agreement is an
important tool that can be used when a site is considered for annexation. The
Development Agreement is intended to reduce uncertainty in planning and to provide
for the orderly development of the Project, consistent with LAFCo guidelines.
5. Annexation. If the project is approved, the City would initiate the annexation
process with LAFCo. This application would be based in part on the Processing
Memorandum of Understanding and Development Agreement, which the City
Council would need to approve. Annexation will also depend on the City’s ability to
address key issues to LAFCo, including agricultural preservation, the ability to
provide public services to the site (including water), and the nature of a tax-sharing
arrangement with the County of San Luis Obispo.
6. Development Plan/Tentative Tract Maps. The applicant will submit tract maps to
implement the provisions of the Specific Plan and Development Agreement. The
Tract Map establishes the proposed lot lines to allow individual ownership of
properties and to layout the required infrastructure and utilities.
7. Architectural Review. Ultimately final architectural review of housing, commercial
buildings, and some site facilities will be needed. The ARC will take an early look at
design guidance in the development plan and provide comments.
In addition, the project will need to be formally reviewed by the Airport Land Use Commission
(ALUC) for consistency with the Airport Land Use Plan. Other advisory bodies that will weigh
in on aspects of the project development include the Parks & Recreation Commission reviewing
park proposals, and the Bicycle Advisory Committee advising on the proposed bicycle trail
network.
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3.0 DISCUSSION
The California Environmental Quality Act (CEQA) encourages and, in some cases, mandates
early public consultation on projects where an EIR is being prepared. Section 15082 of the
CEQA Guidelines requires that at least one scoping meeting be held for projects of area-wide
significance.
With environmental documents, the word “scoping” is used to describe the process of obtaining
information from the public and interested agencies on potential environmental issues associated
with project development. As indicated in the attached Notice of Preparation (Attachment 1),
this meeting is intended to allow the Planning Commission and public the opportunity to provide
feedback on workscope issues and to identify any other issues that may have been overlooked
and may need to be analyzed in the EIR. It is also an opportunity for the City and consultant
staffs to present information about the project review and CEQA process, the applicant to
provide a preliminary presentation on the project, and the public to ask specific questions about
the project and what is proposed.
The meeting is not intended to be a hearing on the merits of the project. That type of testimony
would be applicable later during project hearings after the Draft EIR has been published and staff
has done a full analysis of project issues.
The City has made it a practice to hold the scoping meeting as part of a regularly scheduled
Planning Commission hearing to garner comments directly from the Planning Commission and
to get a greater number of public members to participate in the process. Beyond those members
of the public that show up in person at the hearing, there is also the wider audience reached
because the meeting is televised on the community access station. Another benefit is that it
allows staff and the applicant to provide a preliminary presentation on the project to the
Commission and public early on in the process. This strategy particularly benefits greater
understanding and familiarity with large, complex projects before the hearings for actual
entitlements.
The NOP was sent to the State Clearinghouse for environmental documents in Sacramento as
well as to local, state and federal agencies that might have jurisdiction over or interest in the
project. The NOP was also mailed out to others that might be interested in the project.
3.1. EIR Determination/Consultant Selection
Early on, the City determined that the project would require the preparation of a Project EIR. City
staff prepared an Initial Study (Attachment 2), which documents and analyzes potential
environmental issue areas and highlights workscope issues that needed to be further analyzed in
an EIR.
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The project schedule for review of the EIR prepared by the EIR consultant and City staff
(Attachment 3) provides a tentative timeframe for the preparation of different products and
hearings related to the EIR. The schedule is subject to change, but gives the Commission and
public a tentative schedule and needed steps in the process.
Based on this schedule, it is likely that the Planning Commission will be in a position to hold a
public hearing on the Draft EIR in approximately April 2016. Copies of the Draft EIR would be
distributed to the Commission in advance of regular agenda packets to provide adequate time for
Commissioners to review the documents.
3.2 EIR Scope/Type
The Draft EIR will incorporate the initial environmental study and expand on the discussion of
issues included in that document. Page 4 of the NOP includes a list of issue areas to be covered
in the document.
The City envisions CEQA compliance for the San Luis Ranch Project to be a Project EIR that
tiers from the Final Program EIR prepared for the LUCE Update. While the LUCE EIR did not
include site-specific analyses for the San Luis Ranch site, it did identify a series of programmatic
(i.e., cumulative) impacts and provide mitigation measures to adequately address those impacts.
Some of these mitigation measures now apply Citywide, and some are now applicable
specifically to the San Luis Ranch site. The EIR will summarize those applicable mitigation
measures from the LUCE EIR as well as additional mitigation needed to address project specific
impacts.
4.0 ATTACHMENTS
1. Notice of Preparation
2. Initial Study
3. EIR Project Review Schedule
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Notice of Preparation
To: EIR & Notice of Preparation Mailing List
SUBJECT: Notice of Preparation of a Draft Environmental Impact Report
Lead Agency: Consulting Firm: (if applicable)
Agency Name: City of San Luis Obispo EIR to be prepared by:
Department Name: Community Development Firm Name: Rincon Consultants, Inc.
Street Address: 919 Palm Street Street Address: 1530 Monterey Street, Suite D
City/State/Zip: San Luis Obispo, CA 93401 City/State/Zip: San Luis Obispo, CA 93401
Contact: John Rickenbach, 805-610-1109/fax 805-781-7173 Contact: Richard Daulton
The City of San Luis Obispo will be the Lead Agency and will prepare an environmental impact report
for the project identified below. We need to know the views of your agency as to the scope and
content of the environmental information, which is germane to your agency’s statutory responsibilities
in connection with the proposed project. Your agency will need to use the EIR prepared by our
agency when considering your permit or other approval for this project.
The project description, location, and the potential environmental effects are summarized in the
attachment. A copy of the Initial Study is not attached, but is available upon request from the Lead
Agency (see above contact). Due to the time limits mandated by State law, your response must be
send at the earliest possible date, but not later than 30 days after receipt of this notice.
Please send your response to the attention of John Rickenbach, AICP, Senior Planner, in the City of
San Luis Obispo Community Development Department at the address shown above. We will need the
name of a contact person in your agency.
Project Title: San Luis Ranch Project
Project Location: The site is composed of approximately 131 contiguous acres in unincorporated San
Luis Obispo County, surrounded by areas within the City of San Luis Obispo, and within the City’s
Sphere of Influence, generally bounded by Madonna Road, Dalidio Drive and U.S. Highway 101.
(APN 067-121-022)
Project Description:
The project is a Specific Plan, General Plan Amendment, and related actions that would allow for the
development of the San Luis Ranch (Dalidio) area as identified in the City’s General Plan. The project
includes a mix of residential, commercial, and office uses while preserving substantial areas of open
space and agriculture on a 131.3-acre property. The intent is for the project to be consistent with the
development parameters described in the City’s recently updated Land Use Element, which envisions
up to 500 residential units, 200,000 square feet of commercial uses, 150,000 square feet of office,
200 hotel rooms, at least 5.8 acres of parks, while preserving 50% of the site in agriculture and open
space.
Date: _____________________________________________
Signature: _____________________________________________
Title: _____________________________________________
Reference: California Administrative Code, Title 14 (CEQA Guidelines)
Sections 15082(a), 15103, 15375 (Revised October 1989)
Attachment 1
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NOTICE OF PREPARATION ATTACHMENT
SAN LUIS RANCH PROJECT
The City of San Luis Obispo, as Lead Agency under the California Environmental Quality Act (CEQA),
is requesting comments on the environmental impact report (EIR) scope of work for the proposed
project, described below and in the Notice of Preparation, and commonly referred to as the Chinatown
Project. The Initial Study and detailed scope of work for issue areas identified as potentially significant
are available for review upon request. Please contact Project Manager John Rickenbach at (805)
610-1109.
Project Location and Setting
The site is composed of approximately 131 contiguous acres in unincorporated San Luis Obispo
County, surrounded by areas within the City of San Luis Obispo, and within the City’s Sphere of
Influence, generally bounded by Madonna Road, Dalidio Drive and U.S. Highway 101. (APN 067-
121-022)
Project Description
The project is a Specific Plan, General Plan Amendment, and related actions that would allow for the
development of the San Luis Ranch (Dalidio) area as identified in the City’s General Plan. The project
includes a mix of residential, commercial, and office uses while preserving substantial areas of open
space and agriculture on a 131.3-acre property. The intent is for the project to be consistent with the
development parameters described in the City’s recently updated Land Use Element, which envisions
up to 500 residential units, 200,000 square feet of commercial uses, 150,000 square feet of office,
200 hotel rooms, at least 5.8 acres of parks, while preserving 50% of the site in agriculture and open
space.
Discretionary Permits
In order to pursue development consistent with the mix of land uses shown in the project application,
the following entitlements will need to be processed in order to implement development on the site:
1. General Plan Amendment/Pre-Zoning
2. Specific Plan
3. Processing Memorandum of Understanding (outlining a framework for process, fees,
and a methodology for determining a fair share for Prado Road improvements)
4. Development Agreement
5. Annexation
6. Development Plan/Tentative Tract Map(s)
7. Architectural Review
1. General Plan Amendment and Pre-Zoning. The project site would require a General
Plan Amendment to accommodate some aspects of future development under the Specific
Plan, although in general it is intended to be consistent with the general development
parameters currently envisioned in the General Plan. Because the site is currently
unincorporated, it will need to be pre-zoned prior to annexation to the City could be
approved.
2. Specific Plan. The LUCE identifies the San Luis Ranch property as a Special Focus Area
that requires the adoption of a Specific Plan prior to any development. The applicant is
preparing a Specific Plan to accommodate the proposed development consistent with
guidance for development contained in Section 8.1.4 of the Land Use Element.
Attachment 1
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Page 3
3. Processing Memorandum of Understanding - The applicant team and staff have
prepared a permit processing agreement due to the complex nature of the project that
entails multiple entitlements and actions prior to development, including annexation, where
the process may take a substantial amount of time. This agreement provides a framework
for the planning process and related activities with respect to the project application, even
conceptually describing a framework for evaluating and implementing fees and mitigation
measures. It should be noted that approval of this agreement in no way implies or
obligates the Council to approve the project. Instead, it provides the “ground rules” under
which the project application will be processed, and the conditions under which an
annexation request would be taken to the San Luis Obispo Local Agency Formation
Commission (LAFCo) should the project be approved. The Processing Memorandum of
Understanding also authorizes a Development Agreement application, which if approved
would bind the applicant to a series of specific conditions under which development would
be allowed, subject to approval of a General Plan Amendment, Specific Plan, and
certification of related studies, and an Environmental Impact Report (EIR).
In summary, the Processing Memorandum of Understanding is intended to achieve the
following objectives:
• Develop a mutual understanding in terms of the planning process to ensure the orderly
development of the project;
• Ensure a desirable and functional community environment;
• Provide effective and efficient development of public facilities, infrastructure, and
services appropriate for the development of the project;
• Assure the most effective use of resources within the City, and provide other significant
public benefits to City and its residents.
4. Development Agreement - Development Agreement establishes certain development
rights, but also commits the developer to construct or pay for certain amenities for the
City’s public benefit that are greater than the infrastructure and mitigations that are
required to facilitate the development. These are also known as “public benefits” and can
include but not be limited to public infrastructure and services such as bike facilities,
endowments to support public services such as open space, and/or other items of value.
In that context, a Development Agreement is an important tool that can be used when a
site is considered for annexation. The Development Agreement is intended to reduce
uncertainty in planning and to provide for the orderly development of the Project,
consistent with LAFCo guidelines.
5. Annexation. If the project is approved, the City would initiate the annexation process with
the San Luis Obispo Local Agency Formation Commission (LAFCo). This application
would be based in part on the Processing Memorandum of Understanding and
Development Agreement, which the City Council would need to approve. Annexation will
also depend on the City’s ability to address key issues to LAFCo, including agricultural
preservation, the ability to provide public services to the site (including water), and the
nature of a tax-sharing arrangement with San Luis Obispo County.
6. Development Plan/Tentative Tract Maps. The applicant will submit tract maps to
implement the provisions of the Specific Plan and Development Agreement. The Tract
Map establishes the proposed lot lines to allow individual ownership of properties and
to layout the required infrastructure and utilities.
Attachment 1
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Page 4
7. Architectural Review – Ultimately final architectural review of housing, commercial
buildings, and some site facilities will be needed. The ARC will take an early look at
design guidance in the development plan and provide comments.
In addition, the project will need to be formally reviewed by the Airport Land Use Commission (ALUC)
for consistency with the Airport Land Use Plan. Other advisory bodies that will weigh in on aspects of
the project development include the Parks & Recreation Commission reviewing park proposals, and
the Bicycle Advisory Committee advising on the proposed bicycle trail network.
Probable Environmental Effects/Issues Scoped for EIR
Issue areas that may be determined to be potentially significant include:
• Aesthetics
• Agricultural Resources
• Air Quality
• Biological Resources
• Cultural Resources
• Greenhouse Gas Emissions
• Hazards and Hazardous Materials
• Hydrology and Water Quality
• Land Use/Planning
• Noise
• Recreation
• Transportation and Traffic
• Utilities and Service Systems
Issues Determined Not to be Significant under CEQA Thresholds of Significance include:
• Geology and Soils (with prescribed mitigation)
• Mineral Resources
• Population and Housing
• Public Services (with prescribed mitigation)
Development of a Reasonable Range of Alternatives
Factors determining alternative project configurations include considerations of project objectives, site
suitability, economic viability, availability of infrastructure, General Plan consistency, and a
proponent’s control over alternative sites. The EIR will discuss the rationale for selection of
alternatives that are feasible and therefore, merit in-depth consideration, and which are infeasible
(e.g., failed to meet Project objectives or did not avoid significant environmental effects) and therefore
rejected. Project alternatives have yet to be finalized.
These alternatives will be general in nature since further environmental issue area analyses would be
necessary before more specific project alternatives can be identified. The need for project redesign
would be determined during the course of environmental review.
Public Scoping Meeting
A public scoping meeting has been scheduled to allow for any interested persons to supply input on
issues to be discussed in the EIR:
Attachment 1
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Page 5
Date: Wednesday, October 14, 2015
Time: 6:00 p.m.
Place: 990 Palm Street (City Council Chamber upstairs)
The meeting is an opportunity for City and consultant staffs to gather information from the public
regarding the potential environmental impacts of the project that need to be evaluated in the EIR. It is
not intended to be a hearing on the merits of the project. Therefore, members of the public should
keep their comments focused on potential significant changes to the environment that may occur as a
direct result of project development.
Attachment 1
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San Luis Ranch Specific Plan Environmental Impact Report (EIR)
Scope of Work and Fee Estimate
Page 29
Environmental Scientists Planners Engineers
SCHEDULE
As depicted on the following chart, Rincon proposes to adhere to a schedule that allows the
Draft EIR to be circulated within about 24 weeks of the kickoff meeting, and the EIR process
to be concluded within approximately 11 months.
Kickoff Meeting: Rincon will arrange and manage a project kickoff meeting within one
week of contract execution.
Project Description: Within two weeks of the kickoff meeting, Rincon will submit a draft
project description for staff review. Rincon assumes a two-week review period by the City,
and one week to allow for Rincon’s final revisions. Thus, we assume that the project
description will be complete five weeks after the kickoff meeting. We will also provide a
project work plan within this timeframe.
Administrative Draft EIR: The Administrative Draft EIR will be completed within 12 weeks
of City approval of the project description and receipt of all background technical studies
from the applicant team. This schedule assumes delivery of the ADEIR about 17 weeks after
the kickoff meeting.
Draft EIR: Assuming that the City will deliver comments on the Administrative Draft EIR
within four weeks, Rincon will produce the Draft EIR within three weeks of receipt of staff
comments. This schedule assumes that City comments are coordinated into a single
consistent set of comments and that no new substantial analysis will be needed as a result.
This schedule would allow for publication and initiation of public review approximately 24
weeks after the kickoff meeting. Please note that additional time may be needed if City staff
needs more than four weeks to review the ADEIR.
Response to Comments/Administrative Final EIR: Within four weeks of the close of the
Draft EIR circulation period and receipt of all written and oral comments, Rincon will
deliver a draft Response to Comments report. Together with any changes that might be
required to the Draft EIR, this will constitute the Administrative Final EIR for City staff
review. This milestone is expected to be reached 34 weeks after the kickoff meeting,
assuming a 45-day public review period for the Draft EIR.
Final EIR: Within two weeks of receipt of City comments on the Response to Comments/
Administrative Final EIR, Rincon will deliver the Final EIR. Assuming a three week review
period for the City, the Final EIR would be delivered in 39 weeks.
Adhering to this schedule, the EIR will be prepared, reviewed by the public and decision-
makers, and could be certified within about 11 months. The ability to meet this schedule
depends on the level of public comment, the number of public hearings needed, timely
receipt of technical information, and staff’s direction on addressing unanticipated issues that
may arise during the process.
Attachment 3
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San Luis Ranch Specific Plan Environmental Impact Report (EIR)
Scope of Work and Fee Estimate
Page 30
Environmental Scientists Planners Engineers
San Luis Ranch Specific Plan EIR
City of San Luis Obispo
Proposed Schedule
TASK Month 2Month 3Month 4 Month 8Month 9Month 10Month 11
Kickoff Meeting
Project Description
Administrative Draft EIR
Draft EIR
Response To Comments/Administrative Final EIR
Final EIR
Work in Progress Meeting with City Staff
City Review Public Hearing
Public Review
Month 1 Month 5 Month 6 Month 7
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