HomeMy WebLinkAbout5.4 Marg-ett Arts&Crafts ShowsPA84-014
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: November 13, 1984
SUBJECT:
PUBLIC HEARII~G
Review of Ci 1:y Council Action to approve
PA 84-014 Ma:=g-ett Arts & Crafts Shows
Conditional Use Permit
EXHIBITS ATTACHED:
1 - Draft R,~solution modifying original
approval of the application
2 - Adopted City Council Resolution
originally approving the
application
3 - Minutes of City Council Meeting
May 14, 1984 regarding application
4 - City Council Agenda Statement of
May 14, 1984 regarding application
without attachments
RECOMMENDATION:
1 - Open public hearing and hear Staff
presentation
~ (}.\
2 - Take testimony from applicant and
public
fr
3 - Questic.n Staff, applicant, and
public
4 - Close public hearing and deliberate
5 - a)
Adopt Resolution modifying
original approval of the
application, OR
b) Allow Adopted Resolution to
remain unchanged
FINANCIAL STATEMENT:
None
DESCRIPTION: On October 22, 1984, the City Council
decided to review its action to approve a Conditional Use Permit
for Marg-ett Arts and Crafts Shows.
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ITEM NO.
51
COPIES TO:
Marietta Lewis
Dublin Plaza Merchants
Association
c/o Steve Heath
Planning Department
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Marietta Lewis, the applicant, had requested a Conditional Use
permi t to allow the outside sale of a:=ts and crafts on twelve
specific days/dates in 1984 at the Dublin Plaza Shopping Center.
On April 16, 1984, the Planning Commi:,sion approved the
application for twelve days/dates.
An appeal was filed. On May 14, 1984, the City Council modified
the approval to limit the shows to f011r dates in 1984 and to
limit the items sold to handmade or h,mdcrafted items by the
original artist.
The City Council is now considering a Zoning Ordinance amendment.
The revised draft ordinance would allow a Conditional Use Permit
for two separate shows within a twelvl~ month period. Each
separate show could last up to four d.1YS.
Marietta Lewis has held three shows a: the Dublin Plaza Shopping
Center on the following dates:
November 19 and 20, 1983
December 9, 10, and 11, 1983
May 17, 18, 19, and 20, 1981
If the City Council desires, the Council could modify its
original action on the application to allow an additional show at
the Dublin Plaza Shopping Center for 11P to four days after
December 8, 1984. Such a modification would be consistent with
the revised draft ordinance.
Mr. and Mrs. Lewis said, in a telephone call with Staff, that
they would like an additional show on December 13, 14, 15 and 16,
1984.
Staff recommends that the City Council a) adopt a resolution
modifying the original approval OR b) allow the adopted
resolution to remain unchanged.
D R A F T ' .
. ' A RESOLUTION OF THE CITY COUNCIL .
OF THE CITY. OF DUBLIN
•
MODIFYING THE ORIGINAL APPROVAL OF PA 84-014, MARG-ETT ARTS AND
CRAFTS SHOWS CONDITIONAL USE PERMIT`
. WHEREAS,' Marietta Lewis filed. an application for a
Conditional Use Permit to .operate an arts & crafts show on 12
dates in 1984 at the Dublin Plaza Shopping Center, 7433 Regional .. •
Street, Dublin; and
. WHEREAS, the Planning Commission did hold a. public
hearing on said application on April 16, 1984: and-approved the .
• application; and
WHEREAS, an appeal was filed -within the ..allowable` time . -
period relative to said Planning Commission action; and. -
WHEREAS,' the City 'Council did hold. a public hearing on .
said appeal on May 14, 1984 and modified the approval of the .
application; and ,
WHEREAS, on November 13, 1984, the City Council. did
hold a public hearing to review the application; and
. WHEREAS,. proper notice of said hearing was given in all -
.respects as required by law; and
. . . WHEREAS, a Staff Report was submitted' recommending• that - - -'
the City Council adopt a Resolution modifying' -the-.original _
'approval of the application; and - • . ' ' - .
: WHEREAS, the City Council -did hear and consider all
•said reports, recommendations and testimony as hereinabove :set
forth;
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City:
- Council does, hereby find that: - . . , : H .-
a) The is required by the public` need to:'.provide arts &.
crafts to the general public; ' _ •
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b) The use will be properly related to other land uses ' and
transportation 'and service facilities. in the vicinity as : ,
daytime activities. will. be commensurate with present use
- of properties in the neighborhood; _
c) The use, if ,permitted,. under all 'the circumstances and
conditions of this particular case, will not materially
affect adversely the health or safety of persons
residing or working in the vicinity, or be materially
detrimental to the public welfare or injurious to .
property or improvements in the neighborhood, as all
•
applicable regulations will be met;
y..j - - _ :?-:i4&... .
d) The use will. not be contrary to the specific intent
clauses , or performance standards. established for the• .
District in which it is to be• located, as an arts and
crafts show, with limited impacts,. is consistent :with
the character of the commercial .district;
. . e) The use` is different from outdoor retail-sales in that
the arts and crafts shows are sponsored by local groups, ' . :
promote business in the shopping center developments,
cause minimal theft and traffic, control. problems, and • '
can be ' limited to handmade, or, handcrafted' items. :
DP 83-20 . . . . • .
.. -. . TTACkMENT -- --
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f) The use is consistent with the preliminary policies in
Draft General Plan;
g) There is little or no probability that the use will be
detrimental to or interfere with the future General Plan
should the use ultimately be inconsistent with the
future General Plan.
BE IT FURTHER RESOLVED that the City Council does hereby
conditionally approve said application as shown by materials
labelled Exhibit "B" , on file with the Dublin Planning Department,
subject to the following conditions :
1) The arts & crafts show shall be operated in a manner
which leaves sufficient room on the sidewalk for safe
and efficient pedestrian movement.
2) Any trash or debris resulting from the arts and crafts
show shall be disposed of immediately after each sale. _.
3) The arts and crafts shows shall be limited to two
separate shows in 1984 . The dates of the shows shall be
May 17, 18, 19 and 20; and December 13, 14, 15, and 16.
4 ) The arts and crafts shall be removed from the site
immediately at the end of each"show.
5) A certificate of Insurance in the amount of
$1, 000, 000. 00, naming the City of Dublin as Certificate
Holder, shall be posted with the Planning Department
prior to conducting the shows.
6) Signage shall be restricted to, two -24 sq. ft. signs
which shall not be erected on the sidewalk/street.
7) Items sold shall be limited to handmade or handcrafted
items for sale by the original artist, rather than
manufactured or mass-produced items.
8) This approval shall supercede any and all previous
permits for arts and crafts fairs on the site and be
revocable for cause in accordance with Section 8-90.7 of
the-Dublin Zoning Ordinance.
PASSED, APPROVED AND ADOPTED this day
of 1984 .
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
DP 83-20
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RESOLUTION NO . 44-84 •
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN •
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MODIFYING THE APPROVAL OF PA 84-014 , MARG-ETT ARTS AND CRAFTS
SHOWS CONDITIONAL USE PERMIT
WHEREAS, Marietta Lewis filed an application for a
Conditional Use Permit to operate an arts & crafts show on 12
dates in 1984 at the Dublin Plaza Shopping Center, 7433 Regional
Street, Dublin; and
• WHEREAS, the Planning Commission did hold a public.
hearing on said application on April 16, 1984 ; • and •
WHEREAS, proper notice of said public hearing was given . -
in all respects as required by law; and . -
WHEREAS, this application has been reviewed in
accordance with the provisions of the California Environmental •
Quality Act and has been found tobe categorically exempt; and •
WHEREAS, a Staff Report was submitted recommending the
application be conditionally approved; and :_ -
WHEREAS, the Planning Commission did hear and consider
all said reports , recommendations and testimony as hereinabove set
forth; and
WHEREAS, the Planning Commission did aperove said
application with certain conditions ; and
WHEREAS, an appeal was filed within the allowable time
period relative to said Planning Commission action; and . •
WHEREAS, the City Council did hold a .public hearing on
said appeal on May 14 , 1984 ; and
WHEREAS, proper notice of said hearing was given in all
respects as required by law; and _ ,
WHEREAS, a 'Staff Report was' submitted' recommending that
the City Council adopt a Resolution which established the City's
position relative to arts and crafts shows ; and
WHEREAS, the City Council did hear and consider all
said reports, recommendations and testimony as hereinabove set
forth;
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City
Council does hereby find that :
a) The use is required by the public need to provide arts &
crafts to the general public ;
b ) The use will be properly related to other land uses and
transportation and service facilities in the vicinity as
daytime activities will be commensurate with present use
of properties in the neighborhood;
c) The use, if permitted, under all the circumstances and
conditions of this particular case, will not materially
affect adversely the health or safety of persons
residing or working in the vicinity, or be materially
detrimental to the public welfare .or injurious to
property or improvements in the neighborhood, as all
applicable regulations will be met;
ATTACH ` F --
d). The use will riot be contrary to the specific intent
clauses or performance standards established for the
District in which it is to be located, as an arts and
crafts show, with limited impacts, is consistent with
the character of the commercial district;
e) The use is different from outdoor retail sales in that .
the arts and crafts shows are sponsored by local groups,
promote business in the shopping center developments,
cause minimal theft and traffic control problems, and
can be limited to handmade, or handcrafted items. •
BE IT FURTHER RESOLVED that the City Council does hereby
conditionally approve said application as shown by materials ._:,
labelled Exhibit "B" , on file with the Dublin Planning Department,
subject to the following conditions :
1) ::.. The arts & crafts show shall be operated in a manner
which leaves sufficient '::room 'on :.the sidewalk for safe
_ and efficient-pedestrian movement:
2) Any _trash or ..debris resulting from the `arts and crafts ;
• • show shall -be -disposed Of -immediately after -each sale
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3) The arts and crafts shows shall .be limited to four dates.
in 1984 . The dates and times of the shows shall be
approved by . staff
4 ) - The arts and crafts shall be removed from the site .
immediately at the end of each show.
5) A certificate of Insurance in the amount of _
$1, 000, 000 .00 , naming the City of Dublin as Certificate
Holder, shall be posted with the Planning Department
prior to conducting the shows
6) Signage shall be restricted to, two .24 sq. ft. signs
which shall not be erected on the sidewalk/street. .
•
•71 Items sold shall be limited to handmade/handcrafted arts -
and crafts items, rather than manufactured or mass- -
produced items
8) This approval shall remain in effect until May 14, 1985
and shall be revocable for cause in accordance with -
Section 8-90 .7 of the Dublin Zoning Ordinance.
PASSED, APPROVED AND ADOPTED this 14th day of May, 1984 . .
AYES: Councilmembers .Jeffery, Moffatt, & 'Vonheeder
NOES : Councilmember Hegarty & Mayor Snyder
ABSENT: None /
‘.7 /.7
Mayor Gi
ATTES
ityClerk
.. • r ) 0 :-
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REGULAR MEETING - May 14 , 1984
A regular meeting of the City Council of the City of Dublin was ld on
Monday, May 14 , 1984 in the meeting room of the Dublin Library/ The meeting
was called to order at 7 : 36 p.m. by Mayor Peter Snyder .
* * * * •
ROLL CALL - -
PRESENT: Councilmembers Hegarty, Jeffery, Moffatt, onheeder and Mayor
Snyder . - - •
PLEDGE OF ALLEGIANCE
The Mayor led the Council, Staff and th se present in ,the,_pledge .of alleg
iance to the flag . - _
• .: * * * .
CONSENT CALENDAR _
On motion of Cm. Hegarty, seconded by Cm. Moffatt, and by unanimous vote, the
following were approved: 1-inutes of Regular Meeting of ,..December 12 , 1983;
Minutes of Adjourned 'Regu' ar Meeting of April 17. and Regular Meeting _of April .
23, 1984 ; Warrant Regit�er in the amount of $216 ,904 . 61; Financial Report for .
Period Ending March /31, 1984 ; denial of claim of Lynay Boykin, a minor, John
Boykin and Kanda Bo in, and directed Staff to notify claimant and City' s
insurance carrier ��
* * * * .
PROCLAMATION HONORING MeCHELL PIAllA : -
Mayor S der read _and presented a proclamation 1 -:_. _ _. -
her pa, ticipation in and selection as third runr - - •
T. E . .N. Pageant, where she competed with young ; ! � � i --
A1 ►iieda Counties . _
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PUBLIC HEARING - APPEAL • - - -
MARG-ETT ARTS & CRAFT SHOW CONDITIONAL USE PERMIT -
On April 16 , 1984 , the Planning Commission granted a Conditional Use Permit
to Marietta Lewis to allow the outside sale of arts & crafts on 12 dates in
1984 , at the Dublin Plaza Shopping Center . The shows would be conducted on -
four dates. in May, four dates in November and four dates in December . The -
arts & crafts would be displayed in the sidewalk area between Mervyns &
Albertsons .
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On April 23 , 1984 , Councilmember Hegarty appealed the Planning Commission
action, requesting that the City Council have the _opportunity to review the
application and make its own decision. .
CM-3-99
Regular Meeting May 14, 1984
Staff redommended that the City Council establish a policy regarding arts &
crafts shows and consider -them either as 1) outdoor retail sales, which- are
prohibited by City policy and the Zoning Ordinance, or 2) neighborhood
festivals, with individual events handled through the ACUP process and
multiple events of up to 4 in one year handled through the CUP process ., .
Cm. Hegarty questioned if any one of these businesses could apply -for a
Conditional Use Permit and if it wouldn' t be better for them to be .located at
_ an available site (Shannon Center/Heritage Park ) , rather than in a business
district . There are many areas in Dublin specifically .set .up .for .community
activities .
_ Cm. .Jeffery questioned the need for permits :related =.to the -Murray .School .
District Flea Market.
Mayor Snyder opened the public hearing. .= -
Marietta Lewis explained the purpose -of her sales and the fact that she was
very upset regarding this delay. She explained that _all_-the items sold are ,
handmade, and only artists participate "in these sales
Cm. Jeffery questioned Ms . Lewis with regard to the way ,in _which she chose ,
who would be allowed to sell in her shows .
Cm. Hegarty asked the applicant-if they had ever :.tried .to ;run their shows at
Shannon Center or Heritage Park . Ms . Lewis indicated :she had not, but would •
not be opposed to running them from one of these locations . . - . . ; ,: -
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Mayor Snyder questioned how the sales tax is handled. _ Mr .- Lewis explained
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that each artist reports their own sales tax and each artist must have a
license from the State Board of Equalization and that sales -tax .isreported
based on the location of the sale, rather than the home location of the
seller . ---
Josephine Davidson indicated she has been participating in ,these types of
sales for about 5 years and many people look forward to the sales as they
carry merchandise that can' t be purchased from .local ._retailers . - ;:_
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Mayor Snyder closed the public hearing .
Cm.- Hegarty indicated problems, with past requests and felt ,very .strongly that
these shows should be run from an appropriate place.
Mr . Lewis stated he felt the Council was trying to deprive them of their free
enterprise system rights .
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Cm. Vonheeder explained the discussion that led to the approval of this
application by the Planning Commission . She indicated the Planning
Commission had discussed, at length, the differences between this and
previous applications that were denied. •
Mayor Snyder read the Planning. Commission minutes related to the approval of
this application.
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CM-3-100
Regular Meeting May 14, 1984
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On motion of Cm. Moffatt, seconded by Cm. Vonheeder, and by majority vote,
the Council adopted
RESOLUTION NO. 44 - 84
MODIFYING THE APPROVAL OF PA 84-014 , MARG-ETT ARTS AND CRAFTS SHOWS
CONDITIONAL USE PERMIT .
Voting NO on this motion were Cm. Hegarty and Mayor Snyder . :
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The Council directed Staff to look at the possibility of drafting an = :.
'. ordinance that `is understandable and which: would ,.obviate':the need _.for the
c Council ="to revieweach .application. _ --
._. BLANCARTE REZONING + _ 4 M ,•
On April 23 , 1984 , the City Council adopted a resolution approving he •.
Blancarte Rezoning and introduced an `Ordinance amending the Zonin• Ordinance.
The rezoning involves a 40 ,000 sq ft parcel at . Dublin ;Bouleva '• and Regional
Street being rezoned from H-1 (Highway Frontage) District .to C-1 (Retail
Business ) District . _ -.
Mayor Snyder opened the public hearing . _
Mark Blancarte, the applicant, explained their int t for this property. - :
They hope to complete by Christmas . - --.. - _
Mayor Snyder questioned the proposed square f otage of the building and
whether their would be enough parking space in relation to the size of the
project. -
Planning Dire"ctor --Tong explained that here was only-'a ..preliminary ._
application for site development review pending, which contained no
specifications .
Mayor Snyder closed the public earing. -. .
On motion of Cm. Hegarty, )seconded by Cm. "Jeffery, and by .unanimous vote, the
Council waived the readi g and adopted - -
ORDINANCE NO. 10 - 84
,A' ENDING THE ZONING ORDINANCE TO PERMIT THE
REZONING OF REAL PROPERTY WITHIN THE CITY OF DUBLIN
CONSOLIDATION OF ELECTION WITH STATEWIDE GENERAL ELECTION
This ordinance was prepared by the City Attorney at the request of the City
Council . The ordinance was introduced at the City Council meeting of
,pril 23 , 1984 .
CM-3-101
Regular Meeting May 14, 1984
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: May 14, 1984 .
SUBJECT: Appeal of Planning Commission Action
Conditionally ,Approving PA 84-014 Marg
ett Arts & Crafts Shows, Conditional Use
Permit
EXHIBITS ATTACHED: 1). Draft Resolution denying the
application. (Exhibit A)
2) Draft Resolution modifying Planning
Commission approval (Exhibit B)
3) Appeal letter from Councilmember
Hegarty
4) Planning Commission staff report .
with background attachments.
5) Minutes .'of April 16, 1984, Planning
Commission meeting
RECOMMENDATION: 1) Hear staff presentations -
- 2) Open public hearing
3) Take testimony from applicant & .
public
4) Question staff, applicant and
public
5) Close public hearing and deliberate
6) Adopt a Resolution which
establishes City Policy relative to
arts and crafts. shows.
FINANCIAL STATEMENT: None
DESCRIPTION: On April 16, 1984, . the Planning
Commission granted a Conditional Use Permit to Marietta
Lewis to allow the outside sale of arts & crafts on .12 dates
in 1984, at the Dublin Plaza Shopping Center. The shows ':
_would be conducted on four dates in May, four dates in
November, -and four dates in December. The arts and crafts
would be displayed in the sidewalk area between Mervyn's &
Albertson's. .
On April 23, 1984, ' Councilmember Hegarty appealed the
Planning Commission action, requesting that the City Council
have the -opportunity to review the application and make its
own decision.
The Planning Department has previously approved two
Administrative Conditional Use Permits for Marietta Lewis to
conduct 5 shows at the same location. Staff has not
received any complaints or noticed any problems with these
previous shows.
This application raises the broader issue of outside retail
sales activities in general. It is helpful to examine other
outdoor activities that have been approved, or denied, in
the past in order to put this application in proper
perspective.
1) Christmas Tree Lots. The Zoning Ordinance provides -
that Christmas tree lots are permitted only if an
Administrative Conditional Use Permit (ACUP) is approved.
Such activities have traditionally and customarily been held
outdoors. Several applications have been approved by the _
Planning Staff through the ACUP process. Such permits are
typically valid for 1 month.
ITEM NO. ,'
ATTACH T...�.....'�"
2) Church and Neighborhood Festivals. The Zoning.
Ordinance provides that a church or neighborhood festival is
permitted only if an ACUP is approved. The festivals that
have been approved, (such -as St. Raymond's Church Festival,
El Torito Summer Festival, and St. Patrick' s Day
Celebration) have typically involved food, games, and
exhibit booths. Several carnivals, auto shows, and
amusement events have been included in this category
(Western Pacific Shows, Classic Chevy Club, Gad-About-Go-
Carts)
3) Pet vaccination clinics. The City Council has
determined that a pet vaccination clinic is considered a
public service. Individual events have been approved ..
through the ACUP process. Series of events, up to four
times a year, have been approved through the Conditional Use :
Permit process.
4) Street Vendors and Other Outdoor Sales. The Zoning = -
Ordinance provides that plants ,.(live landscaping materials) ;
can be located outdoors only -if `-a .Conditional Use Permit -is
approved. All other retail activities must take place _:-.
within an enclosed building. The Planning Commission and
City Council denied a Conditional Use Permit application to
. sell brass items in a gas station parking lot. ,:_The -
resolution -adopted by the City 'Council contains the
following basis of denial:
- " 11 The use will not be "in conformance with the intent
of the .Zoning Ordinance as the use involves the
retail sales of goods outside of an enclosed
building;
2) The use will give the applicant a competitive edge
over other merchants who have rented retail
commercial space;
3) The use, if allowed will encourage additional -
peddlers to sell their crafts at various street
corners within the City, - resulting 'in enforcement
problems and conflicts with established merchants;
4) The use conflicts with the policy of the City = ,
which is to limit retail sales to ,an enclosed'.
building.
It appears that the Christmas tree lots and pet vaccination -
clinics are 'not -at issue here; rather, it is a policy ..: :,
question of whether, 1) an arts .and crafts show can be
considered a neighborhood festival _or,. 2) an arts and crafts
show is an outdoor retail sale. • -
As a neighborhood festival, an arts and crafts show could,
1) be appropriately located in a shopping center where theft
and traffic issues could be minimized, 2) be sponsored by a
church, neighborhood or civic group or a local merchants ' s .
association, 3') be limited to four times in one year, and 4)
items to be sold could be limited to handmade, handcrafted
arts and crafts items as opposed to manufactured or mass-
• produced items.
As an outdoor retail sale, an arts and crafts show could, 1)
conflict with. City policy and the. intent of the Zoning .
Ordinance to limit retail sales to an enclosed building, 2)
give the applicant a competitive edge over other merchants
who have built or leased retail commercial space, 3) lead to
theft and traffic control problems, and 4) produce .
unattractive displays of merchandise..
•
RECOMMENDATION Staff recommends that the City Council_
establish •a policy regarding arts and crafts shows and
consider them either as, 1) outdoor retail sales, which are
prohibited by City policy and the Zoning Ordinance, or 2)
neighborhood festivals, with individual events handled .
throught the ACUP process and multiple events of up to 4 in
one year handled' through the CUP process. '
Exhibit "A" is a .Resolution which considers the arts and '
crafts shows as outdoor retail sales, upholds the appeal -and
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denies the application.
Exhibit"B" is a Resolution which considers the arts and '
crafts shows as a neighborhood festival and 'approves the
application with modifications. The modifications would
limit the events to 4 in one year and the items must be
handmade or handcrafted.
Staff recommends that the City Council adopt either Exhibit
"A" or Exhibit "B" .
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