U-1988-21b&
10100 Torre Avenue
Cupenino, California 95014
Telephone: (4081 252.4505
January 5, 1989
John D. DeliTkum
Mariani Development Company
Four Main Street
Los Altos, CA 94022
P.O. Box Sao
Cupenino, California 9501S
CITY COUNCIL ACTION - APPLICATION 21-U-88 - USE PERMIT TO CONSTRUCT A
RESIDENTIAL DEVEIARUM CONSISTING OF 548 UNITS IN 2-4 STORY BUILDINGS
OVER PARKING GARAGES LOCATED ON THE SOUIHEAST OORNER OF DEANZA BOUIEvARD
AND HOMESTEAD ROAD
This will confirm the action by the, City Council at their meeting of
December 19, 1988 at which your Application 21-U-88 was approved per the
following conditions:
OONDITIONS ACMINISTERED BY THE PUBLIC WORKS DEPAKIMEEIP
1. STREET IMPROVE74F M & DEDICATION
Street widening, improvements, and dedications shall be in accordance
with City Standards and specifications and as required by the City
Engineer.
. . r a• . r •,. o r�
Curbs and gutters, sidewalks and related structures shall be installed
in accordance with grades and standards as specified by the City
Engineer.
3. LIGHTING
street lighting fixtures shall be installed as directed by the City
Engineer. All on and off -site lighting shall be designed to in no way
interfere with adjacent areas and shall be no higher than the maximum
height permitted by the zone in which the property is located.
4. FIRE HYMANI'
Fire hydrants shall be located as required by the City.
-1-
5. TRAFFIC ODNIML SIGNS
Traffic control signs shall be placed at locations specified by the
City.
6. STREET TREES
Street trees shall be planted within the Public Right of Way and shall
be of a type approved by the City in accordance with ordinance 125.
7. GRADING
Grading shall be as approved and required by the City Engineer in
a000zdance with Ordinance 214(a).
8. DRAIDU�GE
Drainage shall be provided to the satisfaction of the City Engineer.
9. UNDERGROUND UPILIZ'TF5
The applicant shall be responsible for omplying with the requirements
of the Underground Utility Ordinance No. 331 and other related
ordinances and regulations of the City of Cupertino, and shall make
the necessary arrangements with the utility empanies involved for the
installation of said facilities. The applicant shall submit a
detailed plan showing utility urderground provisions. (This plan must
have prior approval of the utility companies and the City Engineer.)
10. IMPROVEMENT AGREEMENT
The applicant shall be responsible for ccepleting the site as shown on
approved plot plan and shall be required to enter into an improvement
agreement with the City of Cupertino providing for payment of
necessary fees, including but not limited to checking and inspection
fees, storm drain fee, and underground utility fee. Said agreement
shall be executed prior to the issuance of a building permit.
11. TRANSFORMER SCREENING
Electrical and telephone transformers shall be screened with fencing
and landscaping, or undergrounded, such that they are not visible frwn
public street areas.
-2-
12. SEISMIC AND GEDLOGIC TTAZARD6
The applicant shall retain an engineering geologist to evaluate and
mitigate potential seismic and geologic hazards. Said geologic
investigation shall be coupleted prior to release of building permits.
13. DEDICATION OF WATER LINES
The developer shall dedicate to the City all waterlines and
appurtenances installed to City Standards and shall reach an agreement
with the appropriate water company for water service to the subject
development.
14. INGRFSS/BMIMS EASEV NIS
If a tentative subdivision map is approved to divide the apartment
oomplex into eordcaniniums, the applicant shall record an appropriate
deed restriction and covenant running with the land subject to
approval of the City Attorney, for all parcels which share a oommmn
private drive or private roadway with one or more other parcels, said
deed restriction shall provide for necessary reciprocal ingress and
egress easements to and frcm the affected parcels. said easements
shall be recorded at such time as interest in one or more of the
affected parcels is initially sold or transferred to another party.
15. PRIVATE STREETS
All applicable subsections of Sections 13.5 and 13.6 of the Ric
Ordinance (Ordinance No. 664) regarding street improvement
requirements and covenants shall apply to the subject development.
The Homeowners Association documents, enabling declaration and
condominium plan shall be approved by the Department of Planning and
Development and by the City Attorney prior to recordation.
17. PEDESTRIAN EASEMEWr
Pedestrian easements over the sidewalk area shall be prepared by the
developer, approved by the City Attorney and recorded against the
subject property prior to issuance of building permits.
-3-
The property may be divided into 548 or fewer oondcmminium units at the
discretion of the developer or owner. Mere shall be at least one (1)
additional lot held in common ownership. The exact placement of
interior partitions may be modified subject to staff approval.
�; �� ��• r• yp' .1�1 y
The property owner shall seal abandoned or unused water wells if the
City, after consultation with the Santa Clara Valley Water District,
determines that said abandoned or unused water wells have a potential
to contaminate the water supply.
20. STREET 1MPFUVEMMS
on site and off site street improvements shall be implemented as
enumerated on the list below:
1) Signalization at the intersection of Blue Jay court and Homestead
Road to be fully paid by the developer.
2) Northbound right turn lane shall be installed at the intersection
of De Anza Boulevard and Homestead Road.
3) The developer shall dedicate right of way for three eastbound
travel lanes for Homestead Road and construct two eastbound
lanes. Sidewalks shall be located back from curb a sufficient
distance to accommodate the third eastbound lane on Homestead
Road subject to the review and approval of the public Works
Department.
4) The developer shall install medians and landscaping on Homestead
Road, east of De Anza Boulevard and on De Anza Blvd, south of
Homestead Road to Highway 280, subject to the review and approval
of the public Works Department.
5) The developer shall install a westbound right turn lane frux
Homestead Road to northbound De Anza Boulevard if right of way
permits.
6) A landscaped median shall be installed on Blue Jay Drive. The
median design shall be approved by the Director of Public Works.
21. APPF;N= EXHIBITS
The recomaendation of approval for the 548 unit residential
condominium development with related site improvements is based on the
-4-
site plan labelled sheet 1.3, dated December 19, 1988, and
architectural elevations, sheets 3.3 and 3.4, also dated December 19,
1988, of Application 21-U-88, except as may be anrxnded by the
conditions contained herein.
22. ACOUSTICAL BARRIER
The project developer shall install a solid acoustical barrier
(masonry wall) at the southern perimeter of the site adjacent to the
Highway 85 right-of-way. Said acoustical barrier shall be constructed
in accordance with specifications approved by the Director of the
Department of Planning and Development to be consistent with the
height of the soundwall planned along the border of the Northpoint
development and the freewway right-of-way, except the applicant may
integrate the soundwall element into the scuthwall of the garage
structures along the south property line.
The south soundwall shall terminate at the southwest corner to
maintain visibility in to the corner landscape area from passing
motorists on DeAnza Boulevard.
23. NOISE ATTENUATION
The applicant shall implement all of the noise attenuation measures
detailed in the acoustical report prepared by Edward L. Pack
Associates, dated May 24, 1988, to the extent that they agree with the
architectural designs illustrated on the approved exhibits. In
instances where recommendations deviate from the design, the Director
of Planning and Development shall review the deviation to determine if
it is significant and may approve the deviation or refer it back to
the Planning Ccmmatission for informal review and approval.
All residential units shall be subject to good quality construction
practices and installation of equipment, including sealing of doors,
windows and frames and casings to ensure that the interior average
day/night noise level does not exceed 45 dBA Idn.
24. MODIFICATION OF APPROVED DEVEIDPMENT PLAN
In the event that the applicant or subsequent property owner shall
desire to make any minor changes, alterations or amendment of the
approved development plan, a written request or revised developent
plan shall be submitted to the Director of Planning and Development.
If the Director makes a finding that the changes are minor and do not
-5-
result in a material effect upon the appearance or function of the
project, said changes may be certified on the revised plan. If
approval of said changes is withheld, the applicant may appeal to the
Planning Commission.
If the Director finds that the requested changes are material, such
changes shall be referred to the Planning Co mnission for approval. If
the charges are denied by the Planning Commission, the applicant may
appeal to the City Council as provided in City Ordinance No. 652.
If said changes are approved by the Planning Commission, an appeal may
be made to the City Council by any interested party. Further, any
Member of the City Council may request a hearing before the City
Council regarding said approved changes. Said request shall be made
within ten (10) days from the date of approval of said changes by the
Planning Commission.
25. PRIVATE EPJVEWAY OOVFTAT7P
If a tentative subdivision map is approved to divide the apartment
complex into condominiums, the applicant shall record an appropriate
deed restriction and covenant running with the land for all parcels
which share a common driveway or private roadway with one or more
other parcels as depicted on Exhibit of this application. said deed
restriction shall provide for necessary reciprocal ingress/egress
easements to and fmm the affected parcels. said easements shall be
recorded at such time as interest in one or more of the affected
parcels is initially sold or transferred to another party.
•.• � I• � y I• •I • !I. 71a 17
If a tentative subdivision map is approved to divide the apartment
complex into condominiums, a reciprocal maintenance agreement shall be
required for all parcels which share a common private drive or private
roadway with one or more other parcels within the tract. Said
agreement shall be recorded in conjunction with recordation of the
final map, and shall be subject to prior approval as to form and
content by the City Attorney.
The Homeowners Association dcccnnents, enabling declaration and
Condominium plan shall be approved by the Department of Planning and
Development and by the City Attorney prior to recordation.
-6-
28. SOLAR
The applicant shall install plumbing chases to facilitate future
installation of roof mounted solar water heating devices.
Installation of said devices is optional.
29. IANDSCAPE REVIEW
The applicant shall submit a ocmiprehensive landscape planting plan for
informal review by the Architectural and site Approval Committee prior
to issuance of building permits.
30. HISTORICAL INVESTIGATION
The applicants shall complete an investigation of the historical
significance of the subject site and improvements thereon, and shall
prepare a visual inventory through photographic or other means of the
structures and trees now present. Said investigation shall be
presented in written form to the Department of Planning and
Development prior to issuance of building permits.
All existing structures on the site shall be removed prior to or
concurrently with project construction. The developer shall assume
the responsibility to obtain all required demolition permits in
accordance with City Ordinances.
32. HEIGHT RATIO
The setback to height ratio shall be per plan presented to the
planning Ccm¢nission and City Council.
33. NORTH DE ANZA BOULEVARD PAREa1AY
The applicant shall shift the sidewalk on North De Anza Boulevard
inboard at least 10 ft., to provide a landscape parkway encompassing
lawn area and a double row of trees to provide a canopy effect
consistent with the landscape design standards for North De Anza
Boulevard. M=x ing shall be gently sloped and shall not emceed 2 ft.
in height. The final design shall be subject to staff approval.
-7-
The applicant shall modify the opera space credit assumptions to not
include the building separations between the three buildings located
along the easterly property line and the lake area, the landscape area
along North De Anza Boulevard which is not functional as recreation
space, and any areas devoted to formal landscaping adjacent to the
building forms which are not otherwise functionally usable as open
space area. The applicant shall demonstrate ompliance with the park
dedication credit criteria established in the City's Municipal Code to
qualify for a park dedication credit.
35. IANDSCAPING/LIGEM G/FENCING/SIDEWALK PLAN
The applicant shall return to the Architectural and Site Approval
cmnaittee for formal approval of the final architecture, site,
landscaping, lighting, fencing, and sidewalk plan, which will then be
forwarded to the City Council for approval as a Consent Calendar item.
36. DESIGN OF EYrRANCE
The exterior project entrance to Blue Jay shall be designed to prevent
project traffic from entering the Northpoint development.
37. BUILDING HEIGRr
The easternmost portion of the buildings facing Blue Jay shall be two
stories in height.
Since -rely,
DDR7lIiX ODFNMZUS, CMC
CITY CLERK
-8-
APPISCATICN 21-U-88
CITY OF CUPERTXNO
10300 Torre Avenue
Cupertino, California 95014
R%OFITTICN No. 4320
OF THE PIANNIM 034SSICN OF THE CITY OF CUPEMM40
IMC"4 01W. APA87VAL OF A USE PERUT TO C0tV 3JCT 575 DWELLING
UNITS WrnaN A PLANNED i]E<ynDPMENfT ZCtrZ% DISTRICT
S=CN I • FINDINGS
WHEREAS, the Planning Cxzmaissicn of the City of 02partino received an
application for a Use Permit, as described an Page 2 of this psolutionl
and
WHEYMAS, the applicant has met the burden of proof required to support
said application, and
*04E'A5, the Planning Cmnissicn finds that the application meets the
following rs q .
a) Zhat the use or uses are in oonformance with the General Plan of the
City of Cupertino, and are not detrimental to existing uses or to
uses specifically permitted in the zone in which the proposed use is
to be located.
b) 'That the property involved is adequate in size and shape to
accatmodate the proposed use.
c) 2hat the proposed use will not generate a level of traffic over and
above that of the capacity of the existing street system.
d) Mmt the proposed use is otherwise not detrimental to the health,
safety, peace, morals and general welfare of persons residing or
working in the neighbainod of such proposed uses, nor injurious to
property and improvements in the neighborhood.
NOW, ZEEREFI7PE, EE IT RESOLVED:
a at after careful consideration of maps, facts, exhibits, testimany and
other evidenos submitted in this matter, the application for Use Permit is
hereby rsoa®ended for appnaval, subject to the conditions which are
emum rated in this Resolution beginning on Page 2 thereof) and
That the subomclusions upon which the findings and conditions specified
in this Pesoluticn are based and contained in the Public Hearing record
concerning Application 21-U-88 as set forth in the Minutes of the Planning
CcMuissicn Meeting of November 14, 1988 and are incorporated by reference
as trough fully set forth herein.
Resoluticn No. 4120 (21-U-88) 11/14/88
Pogo -Z-
fe___ _•_ � �L • • 11' •l •• -i • 1
I M�L
a • •• •_tilti�ilL��•��f!_i a�•�al• �I :� •1ii'- u�'.L•!��!
Street widening, improvements, and dedications shall be in accordance
with City Standards and specifications and as required by the City
Engineer.
• � • r�1�L4�. �eLhl�Yly>.l�.
Curbs and gutters, sidewalks and related stnichmms &hail be installed
in accordance with grades and standards as specified by the City
Engineer.
Street lighting fixtures shall be installed as directed by the City
Engineer. All on and off -site lighting shall be designed to in n» way
interfere with adjacent areas and shall be no higher than the maxim=
height permitted by the zone in which the property is located.
Fire hydrants shall be located as required by the City.
22&• • 91 ••,.fir;•• a.ti
Traffic contriol signs sha11 be placed at locations specified by the
City.
Street tree& shall be planted within the Public Right of Way and shall
be of a type approved by the City in accordance with ordinance 125.
Grading shall be as approved and required by the City Engineer in
accordance with ordinance 214(a).
•i:_•L:�
Drainage shall be provided to the satisfaction of the City Engineer.
Resolution No. 4120 (21-U-88) 11/14/88
Page -3-
9. UNUMVZQ=— UI'IL1'I'IES
11
The applicant shall be responsible for ocuplying with the requirements
of the underground Utility ordinance No. 331 and other related
oniirmnces and regulations of the City of Cupertino, and shall mike
the necessary arrangements with the utility companies involved for the
installation of said facilities. The applicant shall submit a
detailed plan showing utility underground provisions. (7his plan must
have prior approval of the utility ecaparhies and the City Engineer.)
The applicant shall be responsible for coupletinj the site as shown on
approved plot plan and shall be required to enter into an inprou+eament
agreement with the City of Cupertino providing for payment of
necessary fees, including but not limited to checking and inspection
fees, storm drain fee, and underground utility fee. Said agreement
shall be executed prior to the issuance of a building permit.
Electrical and telephone transformers shall be screened with fencing
and landscaping, or undergrouur1ed, mxrh that they are not visible from
public street areas.
�� •�y1 • nail. �� ,�: ���•r
she applicant shall retain an engineering geologist to evaluate and
mitigate potential seismic and geologic hazards. Said geologic
investigation shall be completed prior to release of building permits.
slue developer shall dedicate to the City all waterlines and
appurtenances installed to City Standards and shall reach an agreement
with the appropriate water c apany for water service to the subject
development.
• era. �ar.•�a. r ayma�
The applicant shall record an appropriate deed restriction and
covenant running with the lard subject to approval of the City
Attorney, for all parcels which share a common private drive or
private roadway with one or more other parcels. Said deed restriction
shall provide for necessary reciprocal ingress and egress easements to
and Enron the affected parcels. Said easements shall be remanded at
such time as intexest in one or more of the affected parcels is
initially sold or transferred to another party.
Resolution No. 4120 (21-U-88) 11,/14/88
Page -4-
The development rights to the Ca=cn Area shall be dedicated to the
City of Cupertino in advance of recordation of the final subdivision
map to ensure that open space area is available to the entire
development.
All applicable subsections of Sections 13.5 and 13.6 of the R1C
Ordinance (Ordinance No. 664) regarding street improvement
requirements and covenants shall apply to the subject development.
r— Vency fire access lanes shall be recorded as fire lane easements
on the final map and shall meet Central Fire District standards.
[ l�VI7�^.I�I71�•C-Fr.=NiVY V� ..� 1V17i �+.
The Homeowners Association documents, enabling declaration and
corrIominium plan shall be approved by the Department of Planning and
Development and by the City Attorney prior to recordation.
Pedestrian easements over the sidewalk area shall be prepared by the
developer, approved by the City Attorney and recorded against the
subject property prior to issuance of building permits.
20. CCUDCUMIUM DIVISICXi
The property may be divided into 575 or fewer Condominium units at the
discretion of the developer or owner. There shall be at least one (1)
additional lot held in camnm ownership. The enact placement of
interior partitions may be modified subject to staff approval.
The property owner shall seal abandoned or umnsed water wells if the
City, attar consultation with the Santa Clara valley Water District,
determines that said abandoned or unused water wells have a potential
to contaminate the water supply.
Resolution No. 4120 (21-U-88) 11/14/00
Page -5-
On site and off site street improvements shall be implemented as
enumerated on the list below:
1) Signalization at the intersection of Slue Jay Court and Homestead
Road to be fully paid by the developer.
2) Northbound right turn lane shall be installed at the intersection
of De Anza Boulevard and Homestead Road.
3) The developer shall dedicate right of way for three eastbound
travel lanes for Homestead Road and construct two sastbamd lanes.
Sidewalks shall be located back from curb a sufficient distance to
acccumcdate the third eastbound lane on Homestead Road subject to
the review and approval of the Public Works Department.
4) The developer shall install medians and landscaping on Homestead
Road, east of De Anza Boulevard and on De Anza Blvd. south of
Homestead Road to Highway 280, subject to the review and approval
of the Public Works Department.
5) The developer shall install a westbound right turn lane from
Homestead Road to northbound De Anza Boulevard if right of way
permits.
6) A landscaped median shall be installed on Blue Jay Drive. The
median design shall be approved by the Director of Public Works.
a r. •� � • • � u �•+a� � � � nay • :�lv!?►!-
The recoamexiation of approval for the 575 unit residential
condominium development with related site improvements is based on the
site plan dated 9/28/88, sheet 3.6A dated 9/30/88, Exhibits B, B-1,
B-2, B-3, B-4, B-5, B-6, B-7, B-8, B-9, Sheets 3.2, , 3.4, 3.7 of
Application 21-U-88 except as may be amended by the conditions
contained herein.
me project developer shall install a solid acoustical barrier
(masonry wall) at the southern perimeter of the site adjacent to the
Highway 85 right-of-way. Said acoustical barrier shall be constructed
in accordance with specifications approved by the Director of the
Department of Planning and Development to be consistent with the
height of the so ndwall planned along the border of the Northpoint
development and the freewway right-of-way, exoept the applicant may
integrate the soundwall element into the scuthwall of the garage
structures along the south property line.
The south soundwall shall terminate at the southwest corner to
maintain visibility in to the corner landscape area frtm passing
motorists on DeAnza Boulevard.
Reroluticn No. 4120 (21-U-88) 11/14/88
Page -6-
25. MM ATTFZ7UATIC�I
The applicant shall implement all of the noise attenuation measures
detailed in the acoustical report prepared by Edward L. Pack
Associates, dated May 24, 1.988, to the extent that they agree with the
architectural designs illustrated on the approved exhibits. in
instances where recommendations deviate fro¢ the design, the Director
of Planning and Development shall review the deviation to determine if
it is significant and may approve the deviation or refer it back to
the Planning oaatmissicai for informal review and approval.
All residential units shall be subject to good quality construction
practices and installation of equipment, including sealing of doors,
windows and frames and casings to ensure that the interior average
day/night noise level does not emceed 45 d8A Idn.
In the event that the applicant or subsequent property owner shall
desire to auks any minor oranges, alterations or amendment of the
approved development plan, a written request or revised development
plan shall be submitted to the Director of Planning and Development.
If the Director makes a finding that the changes are minor and do not
result in a material affect upon the appearance or function of the
project, said charges may be certified on the revised plan. If
approval of said changes is withheld, the applicant may appeal to the
Planning Cmmdssion.
If the Director finds that the requested changes are material, such
charges shall be referred to the Planning Cmmission for approval. If
the charges are denied by the Planning Or—isaion, the applicant may
appeal to the City Council as provided in City ordinanos No. 652.
If said changes are approved by the Planning Ocmnissicn, an appeal may
be made to the City Council by any interested party. Further, any
Member of the City Council may request a hearing before the City
Council regarding said approved changes. Said request shall be made
within ten (10) days F the date of approval of said changes by the
Planning Commission.
+ i._�_4 [• tau •• atr;+l5
The applicant shall record an appropriate deed restriction and
covenant running with the land for all parcels which share a ccamon
driveway or private roadway with one or more other parcels as depicted
on rAiibit of this application. Said deed restriction shall provide
for necessary reciprocal ingress/egress easements to and free the
affected parcels. Said easements shall be recorded at such time as
interest in one or more of the affected parcels is initially sold or
transferred to another party.
Resolution No. 4120 (21-U-88) 11/14/88
Page -7-
28. ROAD MAUnn%IM
A reciprocal maintenance agreement shall be required for all parcels
which share a common private drive or private roadway with one or more
other parcels within the tract. Said agreement shall be reo=led in
conjunction with recordation of the final map, and shall be subject to
prior approval as to form and content by the City Attorney.
Emergency fire access lanes shall be recorded as fire lane easements
on the final map and shall meat Central Fire District standards.
The Homeadtners Association documents, enabling declaration and
ea dcminium plan small be approved by the Department of Planning and
Development and by the City Attorney prior to recordation.
31. ESQ
34
The applicant shall install plumbing chases to facilitate future
installation of roof mounted solar water heating devices.
Installation of said devices is optional.
The applicant shall submit a comprehensive landscape planting plan for
informal review by the Architectural and site Approval committee prior
to issuance of building permits.
The applicants shall complete an investigation of the historical
significance of the subject site and improvements thereon, and shall
prepare a visual inventory through photographic or other means of the
structures and trees now present. Said investigation shall be
presented in written form to the Department of Planning and
Development prior to issuance of building permits.
All existing stn=tutes on the site shall be removed prior to or
concurrently with project construction. The developer shall assume
the responsibility to obtain all required demolition permits in
accordance with City ordinances.
35. HEIGHT RATIO
The applicant shall increase the setback to height ratio to achieve a
1 1/2 to one relationship along Homestead Road.
Resolution No. 4120 (21-U-88) 11/14/08
Page -8-
The applicant shall shift the sidewalk on Nbrth De Anza Boulevard
inboard at least 10 ft., to provide a landscape parkway encompassing
lawn area and a double row of trees to provide a canopy effect
consistent with the landscape design standards for North De Anza
Boulevard. Mounding shall be gently sloped and shall not enameed 2 ft.
in height. The final design shall be subject to staff approval.
• qa •; r rt�a�
The applicant shall modify the open space credit assumptions to not
include the building separations between the three buildings located
along the easterly property line and the lake area, the landscape area
along North De Anza Boulevard which is not functional as recreation
space, and any areas devoted to formal landscaping adjacent to the
building farms which are not otherwise functionally usable as open
space area. The applicant shall demonstrate oasQliaroe with the park
dedication credit criteria established in the City's Kzdcipal Code to
qualify for a park dedication credit.
The applicant shall return to the Architectural and Site Approval
Committee for formal approval of the final landscaping, lighting,
fencing, and sidewalk plan.
PASSED AND ADOPTED this 14th day of November, 1988, at a regular meeting
of the Planing Commission of the City of Cupertino, State of California,
by the following roll call vote:
AYES: Claudy, Szabo, and Chairperson Sorensen
NAYS: Mackenzie
ABS UN:
ABSENT: Adams
/s/Robert Cowan
Robert Cowan
Planning Direct=
/s/Lauralee Sorensen
Lauralee Sorensen, Qnairpersan
Plwming Commission
RS021U88(L12)
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SECTION AA
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SECTION B:B.
LOOKING WEST
SECTION CC
LOOKING NORTH
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LOOK[NO WORTH