Item7.Staff Report with Exhibits 1 through 4.Low Barrier
PREPARED BY: Gabrielle Whelan
Town Attorney
Reviewed by: Planning Manager and Community Development Director
110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6872
www.losgatosca.gov
TOWN OF LOS GATOS
PLANNING COMMISSION
REPORT
MEETING DATE: 11/13/2024
ITEM NO: 7
DATE: November 8, 2024
TO: Planning Commission
FROM: Gabrielle Whelan, Town Attorney
SUBJECT: Make a Recommendation to the Town Council on an Ordinance Amending
Chapter 29 (Zoning Regulations) of the Town Code to Add Low Barrier
Navigation Centers as a By-Right Use in Mixed-Use and Nonresidential Zones,
Pursuant to Implementation Program AD of the 2023-2031 Housing Element.
Adoption of this Ordinance is Exempt Pursuant to CEQA, Section 15061(b)(3)
in that it can be Seen with Certainty that it will not Impact the Environment,
Because the Town is Already Subject to Government Code Sections 65660 -
65668. Town Code Amendment Application A-24-006. Project Location:
Town Wide. Applicant: Town of Los Gatos.
RECOMMENDATION:
Forward a recommendation to the Town Council on an ordinance amending Chapter 29 (Zoning
Regulations) of the Town Code to add Low Barrier Navigation Centers as a by-right use in mixed
use and nonresidential zones, pursuant to Implementation Program AD of the 2023-2031
Housing Element.
CEQA:
Adoption of this Ordinance is exempt pursuant to CEQA, Section 15061(b)(3) in that it can be
seen with certainty that it will not impact the environment, because the Town is already subject
to Government Code Sections 65660 – 65668.
BACKGROUND:
Implementation Program AD states that the Town will amend the Zoning Code to include a
definition of Low-Barrier Navigation Center (LBNC) consistent with state law and allow at least
two mixed-use zoning districts to permit Low-Barrier Navigation Centers as a by-right use.
Page 1219
PAGE 2 OF 4
SUBJECT: Low-Barrier Navigation Center Ordinance
DATE: November 8, 2024
A LBNC is a “Housing First,” low barrier, temporary, service-enriched shelter that helps
homeless individuals and families to quickly obtain permanent housing. By “Housing First,” the
State means that the shelter has the goal of finding permanent housing for the unhoused and
does not make housing contingent on participation in services (Welfare and Institutions Code
Section 8255).
State Assembly Bill 101 enacted Government Code Sections 65660 - 65668 to require that local
jurisdictions allow LBNC’s as “by-right” uses in areas zoned for mixed-use and nonresidential
zones permitting multi-family uses, so long as the LBNC’s meet specified requirements. In the
Town, those four zoning districts are the O, CH, C-1, and C-2 zones.
To qualify for “by-right” approval, a proposed LBNC must provide access to permanent housing,
using a coordinated entry system (in which individuals and families get access to related
services), and comply with a state “Housing First” statute. The “Housing First” statute is codified
at Welfare and Institutions Code Section 8255.
A “by-right” use is eligible for a ministerial permit and is not subject to the California
Environmental Quality Act. The Town is required to notify the developer whether the
application is complete within 30 days of receipt of an application. The Town is required to act
on the application within 60 days of receipt of a complete application. These new provisions are
in addition to current state housing element law regarding planning and approval for
emergency shelters, transitional housing, and by-right permanent supportive housing.
In addition to being required by state law, adoption of a LBNC ordinance is required by
Implementation Program AD of the Town’s certified 2023-2031 Housing Element. The Town is
required to report to the California Department of Housing and Community Development (HCD)
when this program has been implemented.
DISCUSSION:
Town staff is proposing that Chapter 29, Article I of the Town’s Zoning Regulations be amended
to add Division 11. Additionally, LBNCs would be added as permitted uses in the O, C-1, C-2, and
CH zones (Sections 29.60.085, 29.60.210, 29.60.320, and 29.60.420 respectively).
CONCLUSION:
A. Summary
To satisfy the Town’s requirement to implement this ordinance as part of its certified 2023-
2031 Housing Element, staff recommends that the Planning Commission review the Draft
Ordinance and recommend its approval to the Town Council.
Page 1220
PAGE 3 OF 4
SUBJECT: Low-Barrier Navigation Center Ordinance
DATE: November 8, 2024
B. Recommendation
Staff recommends that the Planning Commission forward a recommendation to the Town
Council for approval of the amendments to Chapter 29 of the Town Code (Exhibit 4). The
Planning Commission should also include any comments or recommended changes to the
Draft Ordinance in taking the following actions:
1. Make the finding that the proposed amendment is exempt pursuant to CEQA, Section
15061(b)(3), in that it can be seen with certainty that it will not impact the environment,
and because the Town is already subject to Government Code Sections 65660 – 65668
(Exhibit 1);
2. Make the required finding that the amendments to Chapter 29 of the Town Code in the
Draft Ordinance are consistent with the General Plan (Exhibit 1); and
3. Forward a recommendation to the Town Council for approval of the amendments to
Chapter 29 of the Town Code (Exhibit 4).
C. Alternatives
Alternatively, the Commission can:
1. Forward a recommendation to the Town Council for approval of the Draft Ordinance
with modifications; or
2. Forward a recommendation to the Town Council for no changes to the Town Code; or
3. Continue the matter to a date certain with specific direction.
COORDINATION:
This report was coordinated with the Community Development Department.
FISCAL IMPACT:
The Town does not anticipate a fiscal impact from this requirement, because the Town will
adopt a fee to cover the cost of processing the planning applications.
ENVIRONMENTAL ASSESSMENT:
Adoption of this ordinance is exempt pursuant to CEQA, Section 15061(b)(3) in that it can be
seen with certainty that it will not impact the environment, because the Town is already subject
to Government Code Sections 65660 - 65668. State law already requires the Town to allow
LNBC’s as by-right uses in the specified zones so long as they meet the criteria set forth in state
law.
Page 1221
PAGE 4 OF 4
SUBJECT: Low-Barrier Navigation Center Ordinance
DATE: November 8, 2024
EXHIBITS:
1. Required Findings
2. Government Code Sections 65660 - 65668.
3. C-1, C-2, CH, and O Zoning Districts Map
4. Draft Ordinance
Page 1222
PLANNING COMMISSION – November 13, 2024
REQUIRED FINDINGS FOR:
Town Code Amendment Application A-24-006
Make a Recommendation to the Town Council on an Ordinance Amending Chapter 29 (Zoning
Regulations) of the Town Code to Add Low Barrier Navigation Centers as a By-Right Use in
Mixed Use and Nonresidential Zones, Pursuant to Implementation Program AD of the 2023-
2031 Housing Element. Adoption of this Ordinance is Exempt Pursuant to CEQA, Section
15061(b)(3) In That It Can Be Seen with Certainty That It Will Not Impact the Environment,
Because the Town is Already Subject to Government Code Sections 65660 - 65668.
FINDINGS
Required Findings for CEQA:
Adoption of this Ordinance is exempt pursuant to CEQA, Section 15061(b)(3) in that it can
be seen with certainty that it will not impact the environment, because the Town is already
subject to Government Code Sections 65660 - 65668.
Required Findings for General Plan:
The amendments to Chapter 29 of the Town Code regarding Low-Barrier Navigation Centers
are consistent with the General Plan.
EXHIBIT 1
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65660.
65662.
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GOVERNMENT CODE - GOV
TITLE 7. PLANNING AND LAND USE [65000 - 66499.58] ( Heading of Title 7 amended by Stats. 1974, Ch. 1536. )
DIVISION 1. PLANNING AND ZONING [65000 - 66342] ( Heading of Division 1 added by Stats. 1974, Ch. 1536. )
CHAPTER 3. Local Planning [65100 - 65763] ( Chapter 3 repealed and added by Stats. 1965, Ch. 1880. )
ARTICLE 12. Low Barrier Navigation Centers [65660 - 65668] ( Article 12 added by Stats. 2019, Ch. 159, Sec. 7. )
For purposes of this article:
(a)“Low Barrier Navigation Center” means a Housing First, low-barrier, service-enriched shelter focused on moving
people into permanent housing that provides temporary living facilities while case managers connect individuals
experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low Barrier” means
best practices to reduce barriers to entry, and may include, but is not limited to, the following:
(1)The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or
sexual assault, women, or youth.
(2)Pets.
(3)The storage of possessions.
(4)Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two
beds, or private rooms.
(b)“Use by right” has the meaning defined in subdivision (i) of Section 65583.2. Division 13 (commencing with
Section 21000) of the Public Resources Code shall not apply to actions taken by a public agency to lease, convey, or
encumber land owned by a public agency, or to facilitate the lease, conveyance, or encumbrance of land owned by
a public agency, or to provide financial assistance to, or otherwise approve, a Low Barrier Navigation Center
constructed or allowed by this section.
(Added by Stats. 2019, Ch. 159, Sec. 7. (AB 101) Effective July 31, 2019. Repealed as of January 1, 2027, pursuant to Section
65668.)
A Low Barrier Navigation Center development is a use by right in areas zoned for mixed use and
nonresidential zones permitting multifamily uses, if it meets the requirements of this article. A local jurisdiction
shall permit a Low Barrier Navigation Center development provided that it meets the following requirements:
(a)It offers services to connect people to permanent housing through a services plan that identifies services
staffing.
(b)It is linked to a coordinated entry system, so that staff in the interim facility or staff who colocate in the facility
may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry
system” means a centralized or coordinated assessment system developed pursuant to Section 576.400(d) or
Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations, as those sections read on January
1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and
referrals.
(c)It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions
Code.
(d)It has a system for entering information regarding client stays, client demographics, client income, and exit
destination through the local Homeless Management Information System as defined by Section 578.3 of Title 24 of
Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites
10/30/24, 4:10 PM Codes Display Text
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=1.&title=7.&part=&chapter=3.&article=12.1/2EXHIBIT 2
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65664.
65666.
65668.
the Code of Federal Regulations.
(Added by Stats. 2019, Ch. 159, Sec. 7. (AB 101) Effective July 31, 2019. Repealed as of January 1, 2027, pursuant to Section
65668.)
Within 30 days of receipt of an application for a Low Barrier Navigation Center development, the local
jurisdiction shall notify a developer whether the developer’s application is complete pursuant to Section 65943.
Within 60 days of receipt of a completed application for a Low Barrier Navigation Center development, the local
jurisdiction shall act upon its review of the application.
(Added by Stats. 2019, Ch. 159, Sec. 7. (AB 101) Effective July 31, 2019. Repealed as of January 1, 2027, pursuant to Section
65668.)
The Legislature finds and declares that Low Barrier Navigation Center developments are essential tools for
alleviating the homelessness crisis in this state and are a matter of statewide concern and not a municipal affair as
that term is used in Section 5 of Article XI of the California Constitution. Therefore, this article shall apply to all
cities, including charter cities.
(Added by Stats. 2019, Ch. 159, Sec. 7. (AB 101) Effective July 31, 2019. Repealed as of January 1, 2027, pursuant to Section
65668.)
This article shall remain in effect only until January 1, 2027, and as of that date is repealed.
(Added by Stats. 2019, Ch. 159, Sec. 7. (AB 101) Effective July 31, 2019. Repealed as of Januaury 1, 2027, by its own
provisions. Note: Repeal affects Article 12 commencing with Section 65660.)
10/30/24, 4:10 PM Codes Display Text
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=1.&title=7.&part=&chapter=3.&article=12.2/2
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C-2 - Central Buisness District
CH - Restricted Commercial Highway
O - Office
EXHIBIT 3
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DRAFT ORDINANCE AN ORDINANCE OF THE TOWN COUNCIL
OF THE TOWN OF LOS GATOS TO ADD DIVISION 11, “LOW BARRIER
NAVIGATION CENTERS,” TO ARTICLE I, “GENERAL” OF CHAPTER 29,
“ZONING REGULATIONS,” OF THE TOWN CODE
WHEREAS, a Low Barrier Navigation Center (LBNC) is a shelter that helps homeless
individuals and families to quickly obtain permanent housing; and
WHEREAS, state Assembly Bill 101 requires that an LBNC be a use by-right in areas zoned
for mixed-use and nonresidential zones permitting multi-family uses if it meets specified
requirements;
WHEREAS, one of the Town’s required Housing Element Implementation Programs is
adoption of an ordinance providing that LBNC’s are a use by-right in areas zoned for mixed-use
and nonresidential zones permitting mult i-family uses so long as the LBNC’s meet the
requirements specified in state law;
NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town of Los Gatos as
follows:
SECTION I. Incorporation of Recitals.
The Town Council finds that the above Recitals are true and correct and are incorporated
herein by reference.
SECTION II. Amendments to Chapter 29 of the Town of Los Gatos Town Code.
A Division 11, “Low Barrier Navigation Centers,” is added to Article I, “General,” of
Chapter 29, “Zoning Regulations,” to read as shown in Exhibit “A” attached hereto and
incorporated herein by reference.
SECTION III. Section 29.60.085, “Permitted Uses,” of Chapter 29, “Zoning Regulations,” is
amended to read as follows:
Sec. 29.60.085. Permitted uses.
Activities allowed in the O or office zone must be those which would not unreasonably
interfere with residential uses or other activities within the O zone, and which are in the following
categories:
(1) Offices, administrative, professional, medical, dental and optical laboratories associated
with a professional use, real estate, insurance, stocks and bonds; and other similar offices
characterized by absence of retail sales.
(2) Retail sales by a pharmacy within a medical building.
(3) Group classes.
EXHIBIT 4
Page 1229
(4) Personal service businesses.
(5) Low-Barrier Navigation Centers, pursuant to the requirements of Chapter 29, Article I,
Division 11.
SECTION VI. Section 29.60.210, “Permitted Uses,” of Chapter 29, “Zoning Regulations,” is
amended to read as follows:
Sec. 29.60.210. Permitted uses.
(a) Activities allowed in the C-1 or neighborhood commercial zone are those which do not
unreasonably interfere with nearby residential uses and which are in the following categories:
(1) Retailing, including formula retail up to ten thousand (10,000) square feet.
(2) Personal service businesses and service businesses necessary for the conduct of
households.
(3) Office activities.
(4) Limited manufacturing activities when a majority of sales are made, on site, to the
ultimate consumer.
(5) Activities permitted in the LM zone which were approved on or before February 1, 1993,
provided any change of use must be a conforming use in the C-1 zone.
(6) Group classes.
(7) Specialty food retail without alcoholic beverages.
(8) Low-Barrier Navigation Centers, pursuant to the requirements of Chapter 29, Article I,
Division 11.
(b) Examples of proper C-1 activities are grocery stores, launderettes, or dry cleaning
agencies, drugstores, barbershops, appliance repair shops, and offices. Examples of activities
which are not proper in the C-1 zone are vehicle service and sales, palmists and soothsayers,
manufacturing, wholesaling, or laundry.
SECTION V. Section 29.60.320, “Permitted Uses,” of Chapter 29, “Zoning Regulations,” is
amended to read as follows:
Sec. 29.60.320. Permitted uses.
(a) Activities permitted in the C-2 or Central District Commercial Zone are those involving the
conduct of commerce and general business and the sale of commodities necessary for the needs
of residents and visitors of the Town, such as:
(1) Retailing, including formula retail up to ten thousand (10,000) square feet.
Page 1230
(2) Reserved. Low-Barrier Navigation Centers, pursuant to the requirements of Chapter 29,
Article I, Division 11.
(3) Reserved.
(4) Office activities subject to subsection (c) below.
(5) Limited manufacturing activities when a majority of sales are made, on site, to the
ultimate consumer.
(6) Wholesaling without warehousing on the premises.
(7) Single-family and two-family uses, in conjunction with the other uses permitted in this
section.
(8) Personal service businesses.
(9) Specialty food retail without alcoholic beverages.
(b) Examples of proper C-2 activities are apparel stores, antique stores, artist studios, craft
studios, auto part sales, artist supply shops, and EV sales, service, and repair. Examples of
activities which are not proper in the C-2 zone are manufacturing, warehousing, laundry or dry
cleaning plants.
(c) Office activities in the C-2 zone shall not be located on the ground floor along any street,
alleyway, or public parking lot except in the areas described below:
(1) Lyndon Avenue;
(2) Properties abutting Wood Road;
(3) The west side of Victory Lane:
(4) The south side of Los-Gatos-Saratoga Road excluding:
a. That portion of the property located at the southwest corner of Los -Gatos Saratoga
Road and Santa Cruz Avenue described more precisely as located between a straight
line extended northerly along the west side right-of-way line of Santa Cruz Avenue
and one hundred forty (140) feet west of that extended line.
b. The south side of Los Gatos-Saratoga Road between Santa Cruz Avenue and University
Avenue; and
(5) The east side of South Santa Cruz Avenue directly across the street from Wood Road.
(6) The north and south side of West Main Street west of Victory Lane.
(7) Tenant suites located at 114 Royce Street with entries at the rear of the building and that
do not have street frontage.
Page 1231
(d) Notwithstanding subsection (c), office activities on ground floors described below shall
be considered conforming and shall be allowed to continue so long as the office use is not
discontinued for one hundred and eighty (180) consecutive days. If the office use is discontinued
for such a period, then the office use shall not be resumed, and token use shall not toll or
interrupt a period of discontinuance.
(1) Office activities existing on June 17, 1991; or
(2) Office activities in a building under construction on July 16, 1990, if the applicable
architecture and site approval specifically stated that the building was approved for office
activities.
SECTION VI. Section 29.60.420, “Permitted Uses,” of Chapter 29, “Zoning Regulations,” is
amended to read as follows:
Sec. 29.60.420. Permitted uses.
(a) Activities allowed in the CH or restricted highway commercial zone are those which do
not unreasonably interfere with nearby residential uses and which are in the following
categories:
(1) Retailing, including formula retail up to ten thousand (10,000) square feet.
(2) Personal service businesses and service businesses necessary for the conduct of
households.
(3) Office activities.
(4) Limited manufacturing activities when a majority of sales are made on site to the ultimate
consumer.
(5) Group classes.
(6) Specialty food retail without alcoholic beverages.
(7) Low-Barrier Navigation Centers, pursuant to the requirements of Chapter 29, Article I,
Division 11.
(b) Examples of proper CH activities are grocery stores, launderettes or dry-cleaning
agencies, drugstores, barbershops, appliance repair shops, and offices. Examples of activities
which are not proper in the CH zone are palmists and soothsayers, manufacturing , wholesaling,
or laundry or dry-cleaning plants.
SECTION VII. Severability.
In the event that a court of competent jurisdiction holds any Section, subsection,
paragraph, sentence, clause, or phrase in this Ordinance unconstitutional, preempted, or
otherwise invalid, the invalid portion shall be severed from this Ordinance and shall not affect
Page 1232
the validity of the remaining portions of this Ordinance. The Town hereby declares that it would
have adopted each Section, subsection, paragraph, sentence, clause, or phrase in this Ordinance
irrespective of the fact that any one or more Sections, subsections, paragraphs, sentences,
clauses or phrases in this Ordinance might be declared unconstitutional, preempted, or
otherwise invalid.
SECTION VIII. CEQA.
Adoption of this Ordinance is Exempt Pursuant to CEQA, Section 15061(b)(3) in that it can
be seen with certainty that it will not impact the environment, because the Town is already
subject to Government Code Sections 65660 - 65668.
SECTION IX. Publication.
In accordance with Section 63937 of the Government Code of the State of California, this
Ordinance takes effect 30 days from the date of its passage. The Town Council hereby directs the
City Clerk to cause this Ordinance or a summary thereof to be published or posted in accordance
with Section 36933 pf the Government Code of the State of California.
SECTION XI. Effective Date.
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Los Gatos on the ___ day of _____ 20 , and adopted by the Town Council of the Town of Los
Gatos at its regular meeting on the ____ day of _____ 20 , by the following vote:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Page 1233
SIGNED:
_______________________________
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTEST:
___________________________________
TOWN CLERK OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
Page 1234
EXHIBIT “A”
Article I, Division 11 - Low-Barrier Navigation Center By-Right Processing
Sections
29.10.700 Purpose.
29.10.710 Applicability.
29.10.720 Permit required.
29.10.730 Development and Operational Standards.
29.10.740 Definitions.
Section 29.10.700. Purpose.
The purpose of this Chapter is to establish development standards for low-barrier navigation
centers and to ensure this use is constructed and operated in a manner that is consistent with
the requirements and allowances of state law, specifically Article 12 of Chapter 3 of Division 1 of
Planning and Zoning Law commencing with California Government Code Section 65660.
Section 29.10.710. Applicability.
The provisions of this Chapter shall apply to all low-barrier navigation center projects.
Section 29.10.720. Definitions.
Low-Barrier Navigation Centers means a housing-first, low-barrier, service-enriched shelter
focused on moving people into permanent housing that provides temporary living facilities while
case managers connect individuals experiencing homelessness to income, public benefits, health
services, shelter, and housing. “Low barrier” means best practices to reduce barriers to entry,
and may include, but is not limited to, the following:
(1) The presence of partners if it is not a population-specific site, such as for survivors of
domestic violence or sexual assault, women, or youth.
(2) Pets.
(3) The storage of possessions.
(4) Privacy, such as partitions around beds in a dormitory setting or in larger rooms
containing more than two beds, or private rooms.
Use By-Right has the meaning defined in subdivision (i) of Section 65583.2 of the California Public
Resources Code. The California Environmental Quality Act shall not apply to actions taken by a
public agency to lease, convey, or encumber land owned by a public agency, or to facilitate the
lease, conveyance, or encumbrance of land owned by a public agency, or to provide financial
assistance to, or otherwise approve, a Low-Barrier Navigation Center constructed or allowed by
this Division.
Page 1235
Section 29.10.730. Permit Required.
A planning permit is required prior to establishment of any low-barrier navigation center project.
The permit shall be a ministerial action without discretionary review or a hearing. The Community
Development Director or Designee shall notify a developer whether the developer’s application
is complete within 30 days, pursuant to California Government Code Section 65943. Action shall
be taken within 60 days of a complete application being filed.
Section 29.10.740: Development and Operational Standards
A low-barrier navigation center development is a use by-right in areas zoned for mixed-use and
nonresidential zones permitting multi-family uses, if it meets the following requirements:
A. Connected Services. It offers services to connect people to permanent housing through
a services plan that identifies services staffing.
B. Coordinated Entry System. It is linked to a coordinated entry system, so that staff in the
interim facility or staff who co-locate in the facility may conduct assessments and
provide services to connect people to permanent housing. “Coordinated entry system”
means a centralized or coordinated assessment system developed pursuant to Section
576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal
Regulations, as those sections read on January 1, 2020, and any related requirements,
designed to coordinate program participant intake, assessment, and referrals.
C. Code Compliant. It complies with Chapter 6.5 (commencing with Section 8255) of
Division 8 of the Welfare and Institutions Code.
D. Homeless Management Information System. It has a system for entering information
regarding client stays, client demographics, client income, and exit destination through
the local Homeless Management Information System, as defined by Section 578.3 of
Title 24 of the Code of Federal Regulations.
E. Development Standards. It complies with the development standards of the underlying
zoning district and any applicable objective design standards.
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