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HomeMy WebLinkAboutMaterials received after packet distributionMaterial(s) received after the Planning Commission packets were distributed, or received at the meeting. These material(s) were distributed to staff, Commissioners and made available to the public. CITY OF NEWPORT BEACH PLANNING DEPARTMENT Patricia L. Temple, Director August 25, 2006 Bill Swiney Sober Living by the Sea 2811 Villa Way Newport Beach, California 92663 RE: Sober Living by the Sea — 2809, 2811, 2813 Villa Way, Newport Beach I am in receipt of your correspondence dated July 21, 2006. In your correspondence, you discuss a proposal whereby Sober Living by the Sea ("Sober Living') would modify its use of the property located at 2809 -2813 Villa Way ( "Sober Living Facility) so that it is no longer designated as a social club, as defined by Newport Beach Municipal Code Section 20.05.040. i have carefully reviewed your proposal and have determined that Sober Living would not be designated as a social club if it was operated in the following manner: 1. The "large conference room," designated on the floor plans submitted on August 4, 2006 ( "Plans "), must be reduced so that the maximum occupancy for this room is approximately 20 persons. Two cubicle type offices, the design of which will need to be approved by the Planning Director in writing, will need to be constructed in the large conference room. 2. The "small conference room," designated on the Plans, must be reduced so that the maximum occupancy for this room is approximately 20 persons. A wall will need to be constructed across the back of the small conference room, as indicated on the marked up Plans which are attached hereto. The construction of the wall must comply with all laws and regulations including, but not limited to, the Building Code. 3. A revised set of plans showing the wall in the small conference room and the uses for each area of the property will need to be submitted to and approved in writing by the Planning Director. After approval of the Plans, Sober Living must use each of the areas for the designated use and obtain the Planning Director's approval in writing prior to any change in use. 4. The area designated as the "covered patio," and other outdoor areas, designated on the Plans may not be used by Sober Living clients except as provided hereafter. Clients attending meetings scheduled at the Sober Living Facility may assemble in the covered patio area, or other outdoor areas, 10 minutes prior to a meeting and 10 minutes after a meeting. Between the hours of 7:00 a.m. and 8:30 a.m., clients that attend meetings scheduled at the Sober Living Facility, may be transported by van to any other location provided that they do not assemble in the covered patio area, or other 3300 Newport Boulevard • Post Office Box 1768 • Newport Beach, California 92658 -8915 Telephone: (949) 644 -3200 • Fax: (949) 644 -3229 • www.city.newport- beach.ca.us outdoor area, for more than 10 minutes after a meeting ( "Clients Transported by Van "). Between the hours of 1:00 p.m. and 3:00 p.m., clients that Clients Transported by Van may be dropped back off at the Sober Living Facility provided that they: (a) do not arrive at the Sober Living Facility more than 10 minutes before their next scheduled meeting; or (b) that they disperse within 10 minutes after being dropped off at the Sober Living Facility. 5. An average of 10 meetings per week may be held at the Sober Living Facility. However, no more than 12 meetings may be held in any one week and no more than 20 people may attend any meeting. Up to two meetings may be held concurrently. The basis for determining the average number of meetings will be based on a 4 week period. On an ongoing basis, Sober Living will maintain records for the past 12 month period that document the number of meetings held per week and the number of persons in attendance. These records will be verified by a representative of Sober Living and will be made available to the Planning Director upon request. 6. No client enrolled in any of the Sober Living programs that meet at the Sober Living Facility will be allowed to operate a motor vehicle. 7. All large meetings, in excess of 20 persons, will be held at some other location (any other locations used in the City shall be approved for large assembly use). a. The hours of operation for conducting meetings and picking up prescriptions at the Sober Living Facility will be from 6:30 a.m. to 8:30 p.m. Clients picking up or consuming prescription medicine at the Sober Living Facility will be required to leave the Sober Living Facility within 10 minutes after they have picked up or consumed their medication. 9. Any nurse at the Sober Living Facility shall only be on site Monday through Friday from 7:00 am to 5:00 pm and on Saturday from 8:00 am to noon. There shall be no nurse at the Sober Living Facility on Sundays. 10. Two staff employees shall be allowed to remain at the Sober Living Facility until 11:00 pm, 7 days a week to receive calls. 11. Except as provided herein, clients will not be allowed to assemble at the Sober Living Facility for the purpose of being transported to any other location. 12. Sober Living will provide and maintain 13 off -site parking spaces at the lot directly across the street from the Sober Living Facility and will park vehicles associated with the Sober Living Facility at the lot rather than on City streets or public parking lots. For instance, Sober Living currently uses six vans. These vans would be parked on the lot rather than on City streets in the surrounding neighborhood or the City parking lot. 13. Sober Living will direct clients and ensure that clients riding bikes to the Sober Living Facility access the facility by a route approved by the Planning Director in writing. 14. Sober living will provide trash and cigarette disposal containers and inform their clients that they are not to dispose of litter on City streets or adjoining properties. In summary, if Sober Living operated in conformance with the foregoing conditions, it would be my determination that Sober Living would not be defined as "social club ". However, please be advised that it is my opinion that any deviation from the foregoing conditions or any additional assembly at the Sober Living Facility would change the .....,.......-category of use: Please contact me at your earliest convenience so we can discuss a timeline for Sober Living to implement the foregoing changes. Simply put, I cannot make a determination that Sober Living is operating in conformance with the Municipal Code until the above - referenced changes have been made. Further, as a condition to making my determination that a use permit is no longer required, Sober Living will need to withdraw its appeal without prejudice. I appreciate your continuing assistance in this matter. Very truly yours, I UGt, Patricia L. Temple, Planning Director for the City of Newport Beach cc: Aaron C. Harp, Assistant City Attorney Dennis O'Neil, Esq. Enclosure: Modified Plans .i Von,+,4'" Ao,aoofr, Title 14. California Code of Regahadons Chapter 3. Guidelines for Implementation of the California Environmental Quality Act Article 19. Categorical Exemptions Sections 15300 to 15333 15300. Categorical Exemptions Section 21084 of the Public Resources Code requires these Guidelines to include a list of classes of projects which have been determined not to have a significant effect on the environment and which shall, therefore, be exempt from the provisions of CEQA. In response to that mandate, the Secretary for Resources has found that the following classes of projects listed in this article do not have a significant effect on the environment, and they are declared to be categorically exempt from the requirement for the preparation of environmental documents. Note: Authority cited: Section 21083, Public Resources Code; Reference: Section 21084, Public Resources Code. 15300.1. Relation to Ministerial Projects Section 21080 of the Public Resources Code exempts from the application of CEQA those projects over which public agencies exercise only ministerial authority. Since ministerial projects are already exempt, categorical exemptions should be applied only where a project is not ministerial under a public agency's statutes and ordinances. The inclusion of activities which may be ministerial within the classes and examples contained in this article shall not be construed as a finding by the Secretary for Resources that such an activity is discretionary. Note: Authority cited: Section 21083, Public Resources Code; Reference: Section 21084, Public Resources Code. 15300.2. Exceptions (a) Location. Classes 3, 4, 5, 6, slid 11 are qualified by consideration of where the project is to be located -- a project that is ordinarily insignificant in its impact on the environment may in a particularly sensitive environment be significant. Therefore, these classes are considered to apply all instances, except where the project may impact on an environmental resource of hazardous or critical concern where designated, precisely mapped, and officially adopted pursuant to law by federal, state, or local agencies. (b) Cumulative Impact. All exemptions for these classes are inapplicable when the cumulative impact of successive projects of the same type in the same place, over time is significant. (c) Significant Effect. A categorical exemption shall not be used for an activity where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances. (d) Scenic Highways. A categorical exemption shall not be used for a project which may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway. This does not apply to improvements which are required as mitigation by an adopted negative declaration or certified EIR. (e) Hazardous Waste Sites. A categorical exemption shall not be used for a project located on a site which is included on any list compiled pursuant to Section 65962.5 of the Government Code. (f) Historical Resources. A categorical exemption shall not be used for a project which may cause a substantial adverse change in the significance of a historical resource. Note: Authority cited: Section 21083, Public Resources Code; References: Sections 21084 and 21084. 1, Public Resources Code; Wildlife Alive v. Chickering (1971) 18 Cal.3d 190; League far Protection of Oakland's Architectural and Historic Resources v. City of Oakland (1997) 52 Cal.AppAth 896; Citizens for Responsible Development in West Hollywood v. City of West Hollywood (1995) 39 Ca1.App.4th 925; City of Pasadena v. State ofCalifarnia (1993) 14 Ca1.App.4th 810; Association for the Protection etc. Values v. City of Ukiah (1991) 2 Ca1.App.4th 720; and Baird v. County ofCon" Costa (1995) 32 Cal.App.4th 1464 15300.3. Revisions to List of Categorical Exemptions A public agency may, at any time, request that a new class of categorical exemptions be added, or an existing one amended or deleted. This request must be made in writing to the Office of Planning and Research and shall contain detailed information to support the request. The granting of such request shall be by amendment to these Guidelines. Note: Authority cited: Section 21083, Public Resources Code; Reference: Section 21084, Public Resources Code. 15300.4. Application By Public Agencies Each public agency shall, in the course of establishing its own procedures, list those specific activities which fall within each of the exempt classes, subject to the qualification that these lists must be consistent with both the letter and the intent expressed in the classes. Public agencies may omit from their implementing procedures classes and examples that do not apply to their activities, but they may not require EIRs for projects described in the classes and examples in this article except under the provisions of Section 15300.2. Note: Authority cited: Section 21083, Public Resources Code; Reference: Section 21084, Public Resources Code. 15301. Existing Facilities Class 1 consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The types of "existing facilities" itemized below are not intended to be all- inclusive of the types of projects which might fall within Class 1. The key consideration is whether the project involves negligible or no expansion of an existing use. Examples include but are not limited to (a) Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances; (b) Existing facilities of both investor and publicly -owned utilities used to provide electric power, natural gas, sewerage, or other public utility services; (c) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety). (d) Restoration or rehabilitation of deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety, unless it is determined that the damage was substantial and resulted from an environmental hazard such as earthquake, landslide, or flood; (e) Additions to existing structures provided that the addition will not result in an increase of more than: (1) 50 percent of the floor area of the structures before the addition, or 2,500 square feet, whichever is less; or (2) 10,000 square feet if (A) The project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan and (B) The area in which the project is located is not environmentally sensitive. (f) Addition of safety or health protection devices for use during construction of or in conjunction with existing structures, facilities, or mechanical equipment, or topographical features including navigational devices; (g) New copy on existing on and off - premise signs; (h) Maintenance of existing landscaping, native growth, and water supply reservoirs (excluding the use of pesticides , as defined in Section 12753, Division 7, Chapter 2, Food and Agricultural Code); (i) Maintenance of fish screens, fish ladders, wildlife habitat areas, artificial wildlife waterway devices, streamflows, springs and waterholes, and stream channels (cleating of debris) to protect fish and wildlife resources; 0) Fish stocking by the California Department of Fish and Game; (k) Division of existing multiple family or single -family residences into common- interest ownership and subdivision of existing commercial or industrial buildings, where no physical changes occur which are not otherwise exempt; (1) Demolition and removal of individual small structures listed in this subdivision; (1) One single - family residence. In urbanized areas, up to three single - family residences may be demolished under this exemption. (2) A duplex or similar multifamily residential structure. In urbanized areas, this exemption applies to duplexes and similar structures where not more than six dwelling units will be demolished. (3) A store, motel, office, restaurant, or similar small commercial structure if designed for an occupant load of 30 persons or less. In urbanized areas, the exemption also applies to the demolition of up to three such commercial buildings on sites zoned for such use. (4) Accessory (appurtenant) structures including garages, carports, patios, swimming pools, and fences. (m) Minor repairs and alterations to existing dams and appurtenant structures under the supervision of the Department of Water Resources. (n) Conversion of a single family residence to office use. (o) Installation, in an existing facility occupied by a medical waste generator, of a steam sterilization twit for the treatment of medical waste generated by that facility provided that the unit is installed and operated in accordance with the Medical Waste Management Act (Section 117600, et seq., of the Health and Safety Code) and accepts no offsite waste. (p) Use of a single - family residence as a small family day care home, as defined in Section 1596.78 of the Health and Safety Code. Note: Authority cited: Section 21083, Public Resources Code; References: Sections 21084, Public Resources Code; Blown v. McCwk(1994) 26 Cal.App.4th 1307. 15302. Replacement or Reconstruction Class 2 consists of replacement or reconstruction of existing structures and facilities where the new structure will be located on the same site as the structure replaced and will have substantially the same purpose and capacity as the structure replaced, including but not limited to: (a) Replacement or reconstruction of existing schools and hospitals to provide earthquake resistant structures which do not increase capacity more than 50 percent. (b) Replacement of a commercial structure with a new structure of substantially the same size, purpose, and capacity. (c) Replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of capacity. (d) Conversion of overhead electric utility distribution system facilities to underground including connection to existing overhead electric utility distribution lines where the surface is restored to the condition existing prior to the undergrounding. Note: Authority cited: Section 21083, Public Resources Code; Reference: Section 21084, Public Resources Code. 15303. New Construction or Conversion of Small Structures Class 3 consists of construction and location of limited numbers of new, small facilities or structures; installation of small new equipment and facilities in small structures; and the conversion of existing small structures from one use to another where only minor modifications are made in the exterior of the structure. The numbers of structures described in this section are the maximum allowable on any legal parcel. Examples of this exemption include, but are not limited to: (a) One single-family residence, or a second dwelling unit in a residential zone. In urbanized areas, up to November 19, 2008 Mr. Barry Eaton Secretary Planning Commission City of Newport Beach, 92658 Dear Mr. Eaton; I will not be able to attend the public meeting regarding project PA2009 -199, activity DA2008 -005 on November 20, 2008. Therefore I am writing this letter to weigh in on the subject. I own rental property at 128 45`h street. One unit is rented year around the other is a summer / winter rental. In the winter we rent to students. hi the summer we rent the unit as to vacationers by the week. Newport Beach is a destination resort area. We also reserve the unit for our family each year. I am opposed to any Sober Living by the Sea residences in Newport Beach. The density of people in each unit including the racks of bicycles on the patios is unsightly and not conducive to vacation rentals. I have been following the progression of events on this matter. It seems that the City abandoned its law suite for fear of it being unconstitutional. I would encourage you to explore avenues to completely eliminate or limit very severely the Sober Living residences in Newport Beach. Very Truly Yours; �S Bradford S. Bowman 01P THE BOWMAN GROUP 20555 DEVONSHIRE STREET PMB 248 CHATSWORTH, CA 91311 818/3462111 FAX 818/3462333 www.thebowmangroup.com Varin, Ginger From: Laura Curran [lauracurran@mac.com] Sent: Wednesday, November 19, 2008 8:53 PM To: Robert Hawkins; Kiff, Dave; Michael Toerge Cc: Varin, Ginger Subject: Comment on proposed Zoning Agreement with Sober Living by the Sea Dear Planning Commission: I am writing to express my concern regarding the proposed Zoning Agreement with Sober Living by the Sea. I cannot attend the 11/20/2008 Planning Commission meeting, and ask that this letter be provided to all Commissioners (I could not fmd their email addresses on line.) This agreement circumvents the ordinance which the residents and CCNB spent many hours of research & meeting time, as well as personal $, to help City staff & electeds create. Residents and businesses will be denied the Hearing process which is a major part of the Ordinance. This agreement and implied zoning for SLBTS, a large, 156 -bed Commercial Business is not appropriate and circumvents the spirit of the General Plan, as SLBTS will be zoned in for the long term (25- years), and considered consistent with the General Plan. This Plan was just updated, and new codes created, reflecting 1000s of hours of work by residents. It is disheartening to see this work go unrecognized and the residents' voice ignored. Other Group Home operators will expect a similar agreement, and ask why (with reason) SLBTS gets priority for bed allocation over other Operators. This essentially rewards SLBTS for operating so many beds and impacting the community so severely for so many years. The REST of Newport Beach: The report calls for a bed cap of 48 in the Rest of Newport Beach. How was this # determined, what #s would this apply to? Thankyou Laura Curran Varin, Ginger From: Darleen Kuhlmann (darleenkuhl@yahoo.00m] Sent: Tuesday, November 18, 2008 7:59 AM To: Varin, Ginger Subject: Public Notice Planning Commission: While I was in Coloma visiting with my brother and sister -in -law, Bob & Marian Brockman who own property as I also do here in Newport Beach they showed me a Public Notice re: the Development Agreement with Sober Living By the Sea that they had received. We did not receive this Notice as did not our neighbors. As this Agreement effects all of Newport Beach I believe that all the Property Owners here should have received it. The Planning Commission should postpone this item this Thurs. until all the property owners in Newport have been notified by mail regarding this very important notice. Darleen & Ken Kuhlmann 213 39th St. Newport Beach, Ca 92663 State of California Department ofAleohol and Drug Programs Licensed Residential Facilities andlor Certified Alcohol and Drug Programs As of: 11/06/2007 Orange County Program Name: MAINSTREAM GROUP Record ID: 3ON84EN Legal Name: THE MAINSTREAM GROUP, INC. Service Type: RES Address: 343 AVENIDA VAQUERO Resident Capacity: 6 City, State: SAN Cr EMEInE, CA 92672 Total Occupancy: 6 Phone #: (949)366 -9210 Fax #: (949)498 -5706 Target Population: 13 Expiration Date 12131/2008 Program Name: THE MAINSTREAM GROUP, INC. Record ID: 300094KN Legal Name: THE MAINSTREAM GROUP, INC. Service Type: RES Address: 26920 CALLE DELORES, UNIT B Resident Capacity: 6 City, State: CAPISTRANO BEACH, :CA -92624 Total Occupancy: 6 Phone #: (949)5669210 Fax #: (949)498 -5706 Target Population: 12 Expiration Date 01/3112008 Program Name: THE MAINSTREAM GROUP, INC. Record ID: 300084IN Legal Name: THE MAINSTREAM GROUP, INC. Service Type: RES -DETOX Address. 26884 AVENIDA LAS PALMAS Resident Capacity: 6 City, State: CAPISTRANO BEACH, CA 92624 Total Occupancy: 6 Phone #: (949)3669210 Fax #: (949)498 -5706 Target Population: 1.1 Expiration Date 1213112007 Program Name: THE MAINSTREAM GROUP Record ID: 300094IN Legal Name: THE MAINSTREAM GROUP, INC. Service Type: RES Address: 26920 CALLE DOLORES, UNIT A Resident Capacity: 6 City, State: CAPISTRANO BEACH, CA 92624 Total Occupancy: 6 Phone #: (949)366 -9210 Fax #: (949)498 -5706 Target Population: 12 Expiration Date 10/31/2007 Program Name: THE NEW BEGINNING Record ID: 300120AN Legal Name: THE NEW BEGINNING FELLOWSHIP CENTER Service Type: RES Address: 2024 EAST SYCAMORE AVENUE Resident Capacity: 6 City, State: ORANGE, CA 92867 Total Occupancy: 6 Phone #: (714 )839 -5305 Fax #: (714)839 -5501 Target Population: 1.2 Expiration Date 06/30/2009 Program Name: NEW BEGINNING FELLOWSHIP CENTER Record ID: 30012OBN Legal Name: THE NEW BEGINNING FELLOWSHIP CENTER Service Type: NON Address: 16581 BR00%HURST Resident Capacity: 0 City, State: FOUNTAIN VALLEY, CA 92706 Total Occupancy. 0 Phone #: (714)839 -2515 Fax #: (714)839 -5501 Target Population: 1.1 6 Expiration Date 03/31/2009 Program Name: THE SHORES TREATMENT AND RECOVERY Record ID: 300175AP Legal Name: THE SHORES TREATMENT AND RECOVERY Service Type: RES Address: 223 LUGONIA STREET Resident Capacity: 6 City, State: NEWPORT BEACH, CA 92663 ecaP cy: Total Occupancy; 6 Phone #: (800)637 -5254 Fax #: (949)722 -8955 Target Population: 1.1 Expiration Date 11/30/2007 State of California Department of Alcohol and Drug Programs Licensed Residential Facilities and/or Certified Alcohol and Drug Programs As of 11/06/2007 Orange County Program Name: MAINSTREAM GROUP Record ID: 300084EN Legal Name: THE MAINSTREAM GROUP, INC. Service Type: RES Address: 343 AVENIDA VAQUERO Resident Capacity. 6 City, State: SAN CLEMENTE, CA 92672 Total Occupancy: 6 Phone #: (949)366 -9210 Fax #: (949)198 -5706 Target Population: 1.3 Expiration Date 12/3112008 Program Name: THE MAINSTREAM. GROUP, INC. Record ID: 300094KN Legal Name: THE MAINSTREAM GROUP, INC. Service Type: RES Address: 26920 CALLE DELORES, UNIT B Resident Capacity: 6 City, State: CAPISTRANO BEACH, CA 92624 Total Occupancy: 6 Phone #: (949)366 -9210 Fax #: (949)498 -5706 Target Population: 1.2 Expiration Date 01/31/2008 Program Name: THE MAINSTREAM GROUP, INC. Record ID: 300094JN Legal Name: THE MAINSTREAM GROUP, INC. Service Type: RES -DETOX Address: 26884 AVENIDA LAS PALMAS Resident Capacity: 6 City,.State:- CAPISTRANOBEACILCA92624 Total Occupancy: 6 Phone #: (949)366 -9210 Fax #: (949)198 -5706 Target Population: Ll Expiration Date 12/31/2007 Program Name: THE MAINSTREAM GROUP Record ID: 300084IN Legal Name: THE MAINSTREAM GROUP, INC. Service Type: RES Address: 26920 CALLE DOLORES, UNIT A Resident Capacity: 6 City, State: CAPISTRANO BEACH, CA 92624 Total Occupancy: 6 Phone #: (949)366 -9210 Fax #: (949)498 -5706 Target Population: 1.2 Expiration Date 10/31/2007 Program Name: THE NEW BEGINNING Record ID: 300120AN Legal Name: THE NEW BEGINNING FELLOWSHIP CENTER Service Type: RES Address: M24 EAST SYCAMORE AVENM Resident Capacity: 6 City, State: ORANGE, CA 92867 Total Occupancy. 6 Phone #: (714)839 -5305 Fax #: (714)839 -5501 Target Population: 1.2 Expiration Date 06 /30/2009 Program Name: NEW BEGBNING FELLOWSHIP CENTER Record ID: 30012OBN Legal Name: THE NEW BEGINNING FELLOWSHIP CENTER Service Type: NON Address: 16581 BROOKHURST Resident Capacity:. 0 City, State: FOUNTAIN VALLEY, CA 92706 Total Occupancy: 0 Phone #: (714)839 -2515 Fax #: (714)839 -5501 Target Population: 1.1 Expiration Date 03/31/2009 Program Name: THE SHORES TREATMENT AND RECOVERY Record ID: 300175AP Legal Name: THE SHORES TREATMENT AND RECOVERY Service Type:. RES Address: 223 LUGONIA STREET Resident Capacity: 6 City, State: NEWPORT BEACH, CA 92663 Total Occupancy: 6 Phone #: (800)637 -5254 Fax #: (949)722 -8955 Target Population: 1.1 Expiration Date 11/30/2007 robert rush Subject: September 20, 2006 Sober Living by the Sea purchased by CRC The Orange County Register OC addiction center bought out Sober Living by the Sea purchased by CRC, nation's biggest chain of treatment centers. Wednesday, September 20, 2006 Sober Living by the Sea, a 200 -bed addiction treatment center, is being purchased by CRC Health Group, a Cupertino -based company that owns more than 90 addiction and health centers nationally. Terms of the deal were not disclosed. Sober Living was founded in 1984 as a six -bed, in -home treatment center. The company now offers a variety of programs that help people with dr1f, ((lid 1Y! yr '.) iau ryc a,,tr y,aS ' /7iPlovk ,Ii'lw0 Via(, The founders of Sober Living, Carl and Barbara Mosen, are retiring. Day -to -day management is not expected to change. i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 State Licensed ................ Per Kiff 3-07 # of Licensed (or ALL Beds) Recovery Beds 21,007 # of Licensed (or ALL Beds) Recovery Beds POST SLBTS Deal OC Licensed ................. Per Kiff 3 -07 1,495 Newport Licensed ................ Per Kiff 3 -07 219 Newport Beach ALL Lic \ Unlic .................. "Kill Method" 7 -08 371 419 WNB \Lido \Penn ALL Lic \ Unlic .............. "Kill Method" 7 -08 297 297 Population 2,988,072 83,000 83,000 16,000 % of Persons Who Abuse Alcohol \Drugs 10.10% 10.10% 10.10% 10.10% # of Persons Who Abuse Acohol\Drugs 301,795 8,383 8,383 1,616 % of Persons Seeking Treatment ** 6.00% 6.00% 6.00% 6.00% # of Persons Seeking Treatment 18,108 503 356 97 Bed Days Needed assuming 70 -day stay 1,267,540 35,209 24,920 6,787 # of Licensed (or ALL Beds) Recovery Beds 1,495 219 371 297 Bed Days /Year Available assuming 365 days per bed 545,675 79,935 135,415 108,405 %of WNB \Lido \Penn Population vs All Newport Beach (16000/83000) 19.3% • of Recovery Beds in WNB \Lido \Penn vs All Newport Beach (297/371) 80.1% " 11 1. After SLBTS Deal(297/419) 70.9% Bed Days Under or (Over) - Concentration 721,865 (44,726) (110,495) (101,618) Under or (Over) - Concentration "Muliplier" Before SLBTS Deal 0.6 (1.3) (4.4) (15.0) After SLBTS Deal (5.1) (15.0) ** 2002 National Survey On Drug Use & Health -- US DHHS CRC Health Corporation Reports Operating Results for the Third Quart ... ne Months Ended September 30, 2008: Financial News - Yahoo! Finance 11120/08 8:24 AM Yahod! My Yahoo! Mil 13C Newuser O FINANCE 7 Son Up GET QUOTES J Finance Search r,,, de, " EilRppE S¢[utn,¢f LL[ Press Release Source: CRC Health Corporation CRC Health Corporation Reports Operating Results for the Third Quarter and Nine Months Ended September 30, 2008 Friday November 14, 5:43 pm ET CUPERTINO, Calif.—(BUSINESS WIRE) —CRC Health Corporation (`CRC" or the `Company "), a leading provider of substance abuse treatment and youth services through its wholly -owned consolidated subsidiaries, announced its results for the third quark and nine months ended September 30, 2008, reflecting contributions from acquisitions and continued organic growth. ADVERTISEMENT The Company has three operating divisions: recovery division, youth division, and healthy living division. The recovery division provides substance abuse and behavioral disorder treatment services through residential treatment facilities and outpatient treatment clinics. The youth division provides educational programs for underachieving young people through residential schools and wilderness programs. The healthy living division provides adolescent and adult weight management programs and treatment services for eating disorders. For segment reporting purposes, the Company reports in two segments: recovery and youth. The healthy living division is combined with corporate/other as it does not meet the quantitative threshold for separate segment reporting. Comparative financial results and selected statistics for the third quarter and nine months ended September 30, 2008 have been presented to conform to the Company's new organizational structure which became effective on October 1, 2007. At September 30, 2008, the Company concluded that a portion of its youth division was impaired. The Company believes that there will be a decrease in expected future cash flows in the youth division based upon current economic conditions including the lack of availability of student loans, credit for our clients, and other factors. As a result, for the quarter and nine months ended September 30, 2008, the Company recognized a $142.2 million non -cash impairment charge for goodwill and a $23.9 million non -cash impairment charge related to asset impairments. For the quarter ended September 30, 2008, consolidated adjusted pro forma net revenue increased $0.7 million, or 0.6%, to $127.0 million from $126.3 million during the same period in 2007. Third quarter 2008 adjusted pro forma EBITDA increases of $3.5 million, or 2.8 %, and $3.4 million, or 13.3 %, compared to the quarter ended June 30, 2008. ADVERTISEMENT Top stories • Stocks fall after' bless Claims iUmo - AP (10:55 am) • Jobless claims lump unexpectedly to 16 -year high - AP (10:45 am) • Leading indicators fall in October - Ap (io:34 am) • Perino: Bush would sign iobless benefits extension - AP (9:59 am) Inside Yahoo[ Finance. Today's Markets Earnings Calendar Upgrades/Downgrades Most Actives Stock Screener RSS Feeds Add headlines to your personalized My Yahool Page ( About My Yahoo! and RSS ) Corporate Earnings Headlines More Finance RSS Feeds http: / /biz.yahw. corn/ bw /081114/20081114006011.htmP.v =1 Page 1 of 8 CRC Health Corporation Reports Operating Results for the Third Quart ... ne Months Ended September 30, 2008: Finandal News - Yahool Finance 11/20/08 8:24 AM months ended September 30. 2008 adjusted pro forma EBITDA of $75.1 million reflects a decrease of $10.9 million. or 12.7 %. from the same period of 2007. Historical Financial Results Third Quarter and Nine Months Ended September 30, 2008 Consolidated Financial Results: Recovery Division: Three Months Ended September 30, 2008 Compared to Three Months Ended September 30, 2007 • Net revenue increased $6.3 million, or 8.5 %, to $80 million for the quarter from $73.7 million from the comparable prior -year quarter. Same- faplity net revenue increased $4.7 ntiilion, or 6.5 %, to $76.8 million for the quarter from $72.1 million from the comparable prior -year quarter. The increase in same - facility net revenue was driven by a 2.6% increase in census and a 3.7% increase in rates. • Adjusted pro forma revenue increased $4.7 million, or 6.1 %, to $80.6 million for the quarter from $75.9 million from the comparable prior -year quarter. Adjusted pro fora EBITDA increased $2.3 million, or 9.4 %, to $26.6 million for the quarter from $24.3 million from the comparable prior -year quarter. • Our recovery division incurred an increase of $3.5 million In operating expenses. Recovery division, same - facility increase In operating expenses was $1.7 million, or 3.8 %, acquisition- related increase was $1.1 million, and startup related increases were $0.7 million. Nine Months Ended September 30, 2008 Compared to Nine Months Ended September 30, 2007 • Net revenue increased $19.8 million, or 9.2 %, to $236.0 million for the nine months ended September 30, 2008 from $2162 rnillion from the comparable period. Same- faaGty net revenue increased $14.2 million, or 6.7 %, to $227.5 million for the nine months from $213.3 million from the comparable prior -year period. The increase in same - facility, net revenue was driven by a 3.1% increase in census and a 3.4% increase in rates. • Adjusted pro forma revenue increased $13.9 million, or 6.2 %, to $239.1 million for the nine months ended September 30, 2008 from $225.2 million from the comparable period in the prior year. Adjusted pro forma EBITDA increased $3.3 million, or 4.5 %, to $75.7 million for the nine months from $72.4 million from the comparable prior-year period. • Our recovery division incurred an increase of $14.5 million, or 9.3 %, in operating expenses. Recovery division, same - facility increase in operating expenses was $9.9 million, or 7.4 %, and acquisition and startup- related increase was $4.5 million. Youth Division Three Months Ended September 30, 2008 Compared to Three Months Ended September 30, 2007 • Net revenue decreased $3.5 million, or 8.7 %, to $36.7 million for the quarter from $40.2 million from the comparable prior -year quarter. Same- facilty net revenue decreased $4.4 million, or 11.5%, to $33.8 million for the quarter from $382 million from the comparable prior-year quarter. The decrease in same- facility net revenue was driven by a 13.5% decrease in census partially offset by a 3.9% increase in rates. The decrease in census was significantly impacted by a single therapeutic boarding school that experienced a significant increase in student graduations and other departures during the second half of 2007. • Our youth division incurred an increase of $165.1 million in operating expense, or 469.4 %, mostly related to a $142.2 million non -cash impairment charge for goodwill as well as for a $23.9 million non -cash impairment charge related to asset Impairments partially offset by reductions in general and administrative expenses. Excluding the impairment charges, youth division operating expenses decreased by $1.0 million compared to the sane period in 2007. • Adjusted pro forma revenue decreased $3.5 million, or 8.8 %, to $36.7 million for the quarter from $40.2 million from the comparable prior -year quarter. Adjusted pro fora EBITDA decreased $3.6 million, or 41.9%, to $5.1 million for the quarter from $8.7 million from the comparable prior -year quarter. Nine Months Ended September 30, 2008 Compared to Nine Months Ended September 30, 2007 h"p: // biz. yahoo. com/ bw/ 081114/200811140060ll.htmi ?.v ®I Page 2 of 8 CRC Heath Corporation Reports Operating Results for the Third quart ... ne Months Ended September 30, 2008: Financial News - Yahoo! Finance ip Net revenue decreased $6.9 million, or 6.1 %, to $105.8 million for the nine months ended September 30, 2008 from $112.7 million from the comparable prior -year period. Same4a in significant Increase in student graduations during the second half of 2007 and has yet to recover the lost census. • Our youth division incurred an operating expense increase of $164.8 million, or 160.6% due to Impairment charges of $142.2 million for goodwill and $23.9 million for long -11ved assets. Excluding the impairment charges, youth division operating expenses decreased by $1.2 million, or 1.2 %, compared to the same period in 2007. Corporate/Other. Three Months Ended September 30, 2008 Compared to Three Months Ended September 30, 2007 • Net revenue increased $1.3 million, or 15.4 %, to $9.7 million for the quarter from $8.4 million from the comparable prior -year quarter. Operating expenses increased $4.1 million or 35.6% in corp/other. • Adjusted pro forma revenue decreased $0.4 million, or 4.0 %, to $9.7 million for the quarter from $10.1 million from the comparable prior -year quarter. Adjusted pro forma EBITDA decreased $1.6 million, or 131.1 %, to a loss of $2.8 million for the quarter from a loss of $1.2 million from the comparable prior -year quarter. The increase in the loss is attributable to increases in start-up losses in both eating disorder and weight management programs, increased operating expenses associated with the growth in our adolescent weight management summer camps, and increases in corporate administrative expenses. Nine Months Ended September 30, 2008 Compared to Nine Months Ended September 30, 2007 . Net revenue increased $5.8 million, or 33.4 %, to $23.0 million for the nine months ended September 30, 2008 from $17.2 million from the comparable prior-year period. Operating expenses increased $11.5 million or 36.1% in corp/other. Adjusted pro forma revenue increased $0.6 million, or 2.7 %, to $23.0 million for the nine months from $22.4 million from the comparable period in the prior year. Adjusted pro forma EBITDA decreased $4.1 million, or 50.4 %, to a loss of $12.1 million for the nine months from a loss of $8.0 million from the comparable period in the prior year. The increase in the loss is attributable to increases in start-up losses in both eating disorder and weight management programs, increased operating expenses associated with the growth in our adolescent weight management summer camps, and increases in corporate administrative expenses. The unaudited adjusted pro forma revenue and EBITDA for the periods presented give effect to all acquisitions as 0 they had occurred on January 1, 2007. The pro forma adjustments are based upon available information and certain assumptions that CRC believes are reasonable. The pro forma adjusted EBITDA is for informational purposes only and does not purport to represent what CRC's result of operations or financial position would have been if the acquisitions in 2007 occurred at any date, nor does such information purport to project the results of operations for any future period. Net income as a percentage of consolidated net revenue for the three months ended September 30, 2008 was - 110.7% compared to 3.8% for the same period in 2007. For the nine months ended September 30, 2008, net income as a percentage of consolidated net revenue was -37.7% compared to 2.2% for the comparable period in 2007. The decrease in net income percentage was due to increased operating expenses related to impairment charges for the youth division. Excluding youth division impairment charges, net income as a percentage of consolidated net revenue increased by 20.7% and 7.8 %, for the three and nine months ended September 30, 2008 compared to the same period in 2007. The increases are due to acquisitions as well as by some decreases in interest expenses and lower expenses related to our interest rate swaps. 11/20/08 8:24 AM http: / /biz. yahoo.mm /bw/ 081114 /200811140060ll.htmP.v - - -1 Page 3 of 8 CRC Health Corporation Reports Operating Results For the Third Quart ... ne Months Ended September 30, 2008: Financial News - Yahoo! Finance Excluding the impairment charges for the youth division and related tax effects, consolidated net income increased by $21.6 million and $20.9 million respectively for the three months and nine months ended September 30, 2008 compared to the same periods in 2007. In order to supplement its condensed consolidated financial statements presented in accordance with GAAP, CRC is providing a summary to show the computation of EBITDA, as well as adjusted pro forma EBITDA. Adjusted pro forma EBITDA takes into account certain adjustments which are excluded from EBITDA for purposes of various covenants in the indenture governing CRC's 10IY4% senior subordinated notes due 2016 and its senior secured credit facility, as amended to date. CRC believes that the adjusted pro forma EBITDA information presented provides useful information to both management and investors concerning its ability to meet its future debt obligations and to comply with certain covenants in its borrowing arrangements that are tied to these measures. CRC also believes that including the effect of these items allows management and investors to better compare CRC's financial performance from period -to- period, and to better compare CRC's financial performance with that of its competitors. The presentation of this additional information is not meant to be considered in isolation of, or as a substitute for, results prepared in accordance with GAAP. CRC HEALTH CORPORATION CONDENSED CONSOLIDATED BALANCE SHEETS (UNAUDITED) SEPTEMBER 30, 2008 AND DECEMBER 31, 2007 (In thousands, except share amounts) September 30, December 31, 2008 2007 ASSETS CURRENT ASSETS: Cash and cash equivalents $ Accounts receivable, net of allowance for doubtful accounts of $5,935 in 2008 and $6,901 in 2007 Prepaid expenses Other current assets Income taxes receivable Deferred income taxes Total current assets PROPERTY AND EQUIPMENT -Net GOODWILL INTANGIBLE ASSETS -Net OTHER ASSETS TOTAL ASSETS LIABILITIES AND STOCKHOLDER'S EQUITY CURRENT LIABILITIES: Accounts payable Accrued liabilities Current portion of long -term debt Other current liabilities Income taxes payable Total current liabilities LONG -TERM DEBT -Less current portion OTHER LIABILITIES DEFERRED INCOME TAXES Total liabilities COMMITMENTS AND CONTINGENCIES (Note 12) MINORITY INTEREST STOCKHOLDER'S EQUITY: Common stock, $0.001 par value - -1,000 shares authorized; 1,000 shares issued and outstanding at September 30, 2008 and December 31, 2007 Additional paid -in capital (Accumulated deficit) retained earnings 3,014 $ 5,118 31,689 31;910 6,404 7,544 1,531 2,120 6,599 49,237 129,369 602,854 361,750 21,831 $ 1,165,041 193 6,599 53,484 122,937 730,684 390,388 24,798 $ 1,322,291 $ 7,909 $ 7,014 29,186 37,582 9,014 35,603 24,582 29,824 6,908 - 77,599 110,023 648,910 612,764 6,039 7,514 121,585 145,867 854,133" 876,168 317 374 442,150 438,605 (130,559) 7,141 11120/08 8:24 AM http:/ /biz. yahoo. corn/ bw /081114/20081114006011.htmP.v -1 Page 4 of 8 CRC Health Corporation Reports Operating Results for the Third Quart ... ne Months Ended September 30, 2008: Financial News - Yahoo! Finance Accumulated other comprehensive (loss) income (1,000) - Total stockholder's equity 310,591 445,749 TOTAL LIABILITIES AND STOCKHOLDER'S EQUITY $ 1,165,041 $ 1,322,291 CRC HEALTH CORPORATION CONDENSED CONSOLIDATED STATEMENTS OF OPERATIONS (UNAUDITED) FOR THE THREE AND NINE MONTHS ENDED SEPTEMBER 30, 2008 AND 2007 (In thousands) NET REVENUE: Net client service revenue Other revenue Total net revenue OPERATING EXPENSES: Salaries and benefits Supplies, facilities and other operating costs Provision for doubtful accounts Depreciation and amortization Asset impairments Impairment ng expenses (LOSS) INCOME FROM OPERATIONS INTEREST EXPENSE, NET OTHER (EXPENSE) INCOME (LOSS) INCOME BEFORE INCOME TAXES INCOME TAX (BENEFIT) EXPENSE MINORITY INTEREST IN INCOME (LOSS) OF SUBSIDIARIES NET (LOSS) INCOME Three Three Nine Nine Months Months Months Months Ended Ended Ended Ended September September September September 30, 30, 30, 30, 2008 2007 2008 2007 $ 124,278 $ 120,623 $ 358,646 $ 341,489 2,146 1,746 6,126 4,603 126,424 122,369 364,772 346,092 61,429 55,443 183,959 167,131 36,926 36,557 107,582 100,677 1,715 2,036 5,010 5,064 5,929 5,397 17,343 16,310 23,880 - 23,880 - 142,238 - 142,238 - 272,117 99,433 480,012 289,182 (145,693) 22,936 (115,240) 56,910 (13,125) (15,169) (40,148) (44,971) (37) (1,217) (69) 800 (158,855) 6,550 (155,457) 11,139 (19,222) 1,502 (17,699) 3,375 301 427 (57) 275 $ (139,934) $ 4,621 1 137,701 ) $ 7,489 Reconciliation of GAAP "Cash Flows Provided By Operating Activities" to non -GAAP "EBITOA from continuing operations" and Reconciliation of non -GAAP "EBITOA from continuing operations to GAAP Net (Loss) Income" (In thousands) (unaudited) 11/20/08 8:24 AM http:/ /biz. yahoo. com/ bw IO811141200811140060ll.htmR.v -1 - Page 5 of 8 Three Months Three Months Nine Months Nine Months Ended Ended Ended Ended September 30, September 30, September 30, September 30, 2008 2007 2008 2007 Cash flows provided by (used in) operating activiBes $ 259 $ (2,857) $ 21,090 $ 18,119 on of debt discount an other financing costs (1,132) (1,108) (3,357) (3,356) Stock -based compensation (1,544) (1,060) (3,847) (3,203) Deferred income taxes 25,645 (4,617) 26,674 (3,747) Net effect of changes in non- current net assets (207) (422) (129) (832) Goodwill impairment (142,238) - (142,238) - 11/20/08 8:24 AM http:/ /biz. yahoo. com/ bw IO811141200811140060ll.htmR.v -1 - Page 5 of 8 CRC Health Corporation Reports Operating Results for the Third Quart ... ne Months Ended September 30, 2008: Financial News - Yahoo! Finance Asset impairment (23,880) - (23,880) - Net effect of working capital changes 9,092 20,082 5,329 16,818 Interest expense and other financing costs 13,125 15,169 40,148 44,971 Income tax (benefit) expense (19,222) 1,502 (17,699) 3,375 EBITDA from continuing operations (140,102) 26,689 (97,909} 72,145 Interest expense and otter financing casts (13,125) (15,169) (40,148) (44,971) Income tax expense (benefit) 19,222 (1,502) 17,699 (3,375) Depreciation and amortization (5,929) (5,397) (17,343} (16,310} Net(loss)income $ (139,934) $ 4,621 $ (137,701) $ 7,489 Reconciliation of non -GAAP "EBITDA from continuing operations" to non -GAAP "Adjusted pro forma EBITDA" (in thousands) (unaudited) Three Months Three Mortths Nine Months Nine Months Ended Ended Ended Ended September 30, September 30, September 30, September 30, 2008 2007 2008 2007 EBITDA from continuing operations $ (140,102) $ 26,689 $ (97,909) $ 72,145 Pre - acquisition Adjusted EBITDA from other acquisitions in 2007 Pre - acquisition Adjusted EBITDA from other acquisitions in 2008 Expenses incurred related to the Transactions Unrecognized proft on deferred revenue Asset impairments Impairment of goodwill Stock -based compensation expense Foreign exchange translation (Gain) loss on interest rate swap Loss (gain) on fixed asset disposal Management fees to Sponsor Transaction expense Write -off of cancelled aoquisitons Minority interest in loss of subsidiaries Franchise taxes Write-off of miscellaneous accounts (non -cash) Adjusted Pro forma EBITDA CRC Health Corporation Selected Statistics - 749 - 3,175 236 335 1,083 1,433 3 - 3 13 108 13 2,695 23,880 - 23,880 - 142,238 - 142,238 - 1,543 1,061 3,847 3,204 35 - 35 - 1 1,206 34 744 (20) - (21) (10) 630 500 1,630 1,532 - 723 - 723 116 13 240 32 301 427 (57) 275 40 (44) 128 102 - - 8 24 $ 28,811 $ 31,770 $ 75,149 $ 86,077 Recovery Division: Number of inpatient facilities - end of period Number of outpatient facilities - end of period Number of comprehensive treatment clinics (CTC) - end of period Available beds - end of period Nine Months Ended September 30, 2008 30 15 64 1,909 Nine Mordhe Ended September 30, 2007 27 14 61 1,801 11/20/08 8:24 AM http: / /biz. yahoo. com/ bw /081114/2008111400601l.htmn.v ®1 I Page 6of 8 CRC HeaRh Corporation Reports Operating Results for the Third Quart ... ne Months Ended September 30.2008: Financial News - Yahoo! Finance Patentdays - Inpatient 417,918 394,412 Occupancy rate 80.9% 83.5% Net revenue per patient day - Inpatient $ 367.93 $ 353.82 Patient days - CTC 7,130,834 6,864,215 Net revenue per patient day - CTC $ 11.53 $ 11.18 Youth Division: Number of facilities - end of period 29 29 Patient days 349,582 407,687 Net revenge per patient day $ 302.63 $ 282.83 Healthy ! Wing Division: Number off allies - end of period 17 13 Patient days 82,216 63,819 Net revenue per patient day $ 276.60 $ 263.94 Conference Call CRC will host a conference call, open to all interested parties, on Monday, November 17, 2008 beginning at 10:00 a.m. Pacific Daylight Time (1 :00 p.m. Eastern Daylight Time). The number to call within the United States is (877) 502 -9276. Participants outside the United States should call (913) 905- 1086. The conference ID is 6074992. A replay of the conference call will be available starting three hours after the completion of the call until 2:59 p.m. Pacific Daylight Time Sunday, November 23, 2008. The replay number for callers within the United States is (888) 203 -1112 or (719) 457 -0820 from outside the United States and the conference ID for all callers is 6074992. Forward- Looking Statements This press release includes or may include "forward - looking statements." Al statements included herein, other than statements of historical fad, may constitute forward- looking statements. Although CRC believes that the expectations reflected in such forward - looking statements are reasonable, it can give no assurance that such expectations will prove to be correct Important factors that could cause actual results to differ materially from those expressed or implied by such forward- looking statements include, among others, the following factors: changes in government reimbursement for CRC's services; CRC's substantial indebtedness; changes in applicable regulations or a government investigation or assertion Shat CRC has violated applicable regulations; attempts by local residents to force our closure or relocation; the potentially dificuS, unsuccessful or costly integration of recently acquired operations and future acquisitions; the potentially difficult, unsuccessful or costly opening and operating of new treatment facilities; the possibility that commercial payors for CRC's services may undertake future cost containment initiatives; the limited number of national suppliers of methadone used in CRC's outpatient treatment clinics; the failure to maintain established relationships or cultivate new relationships with patient referral sources; shortages in qualified healthcare workers; natural disasters such as hurricanes, earthquakes and floods; competition that limits CRC's ability to grow; the potentially costly Implementation of new infomtation systems to comply with federal and state Initiatives relating to patent privacy, security of medical information and electronic transactions; the potentially costly implementation of accounting and other management systems and resources in response to financial reporting and other requirements; the loss of key members of CRC's management; claims asserted against CRC or dick of adequate available insurance; and cartsin restrictive covenants in CRC's debt documents. Contact: CRC Health Corporation Kevin Hogge, 877- 272 -8668 Chief Financial Officer Source: CRC Health Corporation 10001 'k 11/20/08 8:24 AM http:I /biz. yahoo. com /bw /081114/200811140060ll.htmfl wl Page 7 of 8 CRC Health Corporation Reports Operating Results for the Third Quart ... ne Months Ended September 30, 2008: Financial News - Yabool Finance 11/20/08 8:24 AM ... Search News Sponsor Results Free Forex Trading E cation GFT Makes FX Trading Sweet with Free Educational Resources, Try Now. www.GFTforex.com Co�ide® Home Loans No Cash Required For Closing Costs. Call Or Apply Online Now. www.Countrywide.com _Thy Forex Currency Trading at Forex.com Free $50,000 practice account with real -time charts, news and research. www.forex.com (What's This ?1 Copyright ® 2008 Yahoo! Inc. All rights reserved. Priyac y Policy - Terms of Service - Copyright Policy - Send Feedback Copyright ® 2008 Business Wire. AN rights reserved. All the news releases provided by Business Wire are copyrighted. 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