HomeMy WebLinkAbout2010-10-20; Planning Commission; Resolution 67261 PLANNING COMMISSION RESOLUTION NO. 6726
2
A RESOLUTION OF THE PLANNING COMMISSION OF THE
3 CITY OF CARLSBAD, CALIFORNIA, RECOMMENDING
APPROVAL OF A PLANNED DEVELOPMENT PERMIT
4 AMENDMENT FOR BUILDING FLOOR PLANS,
5 ELEVATIONS AND PLOTTING FOR THE DEVELOPMENT
OF 83 SINGLE FAMILY DETACHED HOMES WITHIN THE
6 VILLAGES OF LA COSTA OAKS NORTH NEIGHBORHOODS
3.4 & 3.5 GENERALLY LOCATED WEST OF RANCHO
7 SANTA FE ROAD, SOUTH OF MELROSE DRIVE AND
NORTH OF CADENCIA STREET IN LOCAL FACILITIES
MANAGEMENT ZONE 11.
9 CASE NAME: LA COSTA OAKS NORTH 3.4 & 3.5
CASE NO.: PUD 05-13(A)
10
WHEREAS, Pulte Home Corporation, "Developer," has filed a verified
^2 application with the City of Carlsbad regarding property owned by Real Estate Collateral
13 Management Company, "Owner," described as
14 Lot 1 through 83 inclusive, of City of Carlsbad Tract 05-16 La Costa
15 Oaks North- Neighborhood 3.4 & 3.5, in the City of Carlsbad, County of
San Diego, State of California, according to Map thereof No. 15597, filed
16 in the Office of the County Recorder of San Diego County August 22,
2007
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("the Property"); and18
J9 WHEREAS, said verified application constitutes a request for a Planned
20 Development Permit Amendment as shown on Exhibits "A" - "MM" dated October 20, 2010,
21 on file in the Planning Department, LA COSTA OAKS NORTH 3.4 & 3.5, as provided by
22 Chapter 21.45 of the Carlsbad Municipal Code; and
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WHEREAS, the Planning Commission did, on October 20, 2010, hold a duly
24
noticed public hearing as prescribed by law to consider said request; and
26 WHEREAS, at said public hearing, upon hearing and considering all testimony
27 and arguments, if any, of persons desiring to be heard, said Commission considered all factors
78zo relating to the Planned Development Permit Amendment; and
1 WHEREAS, on August 16, 2006, the City Council approved PUD 05-13, as
2 described and conditioned in City Council Resolution No. 2006-287.
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NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
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c Commission of the City of Carlsbad as follows:
6 A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Commission
RECOMMENDS APPROVAL OF LA COSTA OAKS NORTH 3.4 & 3.5,
based on the following findings and subject to the following conditions:
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Findings:
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1. The proposed project is consistent with the general plan, and complies with all applicable
provisions of Chapter 21.45 of the Carlsbad Municipal Code and the Villages of La Costa
Master Plan, in that the project is for the approval of architecture and plotting for 83
single-family detached units located on previously approved lots (CT 05-16) with a
13 minimum lot area of 6,000 square feet. In addition, the project achieves the General
Plan's Residential Objectives through providing a variety of safe and attractive
14 housing that preserves the neighborhood atmosphere and identity of existing
residential areas. The single-family residential development complies with all
development standards of the Villages of La Costa Master Plan as shown on
16 Attachments 6 through 9 (Tables 1 - 4).
17 2. The proposed project will not be detrimental to existing uses, or to uses specifically
permitted in the area in which the proposed use is to be located, and will not adversely
18 impact the site, surroundings, or traffic, in that the project has been designated for
single-family residential development with a minimum lot size of 6,000 square feet.
The single-family residential neighborhoods to the north and west of the site are also
20 similar in character and density. Lands to the south of the project site will remain
open-space as approved under the Villages of La Costa Master Plan. Traffic has
21 been previously analyzed for compliance through the approval of Tentative Map
No. CT 05-16 and Planned Development Permit No. PUD 05-13 (Planning
22 Commission Resolutions No. 6150 and 6151).
3. The project will not adversely affect the public health, safety, or general welfare, in that
24 the 83 single-family residential homes have been analyzed for consistency with all
applicable city codes, policies and regulations.
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The project's design, including architecture and plotting:
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a. Contributes to the community's overall aesthetic quality, in that the project consists
of a high quality residential design through the use of a variety of floor plans,
exterior building planes, roof planes and color schemes, as well as a variety of
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design elements distinctive to the 3 proposed architectural styles: Spanish
2 Colonial, European Country and Italian Tuscan.
3 b. Includes the use of harmonious materials and colors, and the appropriate use of
landscaping, in that the project's distinctive architectural styles includes twelve
different color schemes with a variety of design elements such as: accent colors,
r window/door trims, roof tiling, decorative stucco, wood accents, stone veneer
and wainscoting. The proposed materials and colors contribute to the distinctive
6 architectural styles while the previously approved landscaping will highlight all
proposed architectural designs.
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c. Achieves continuity among all elements of the project, in that the project's high
quality architectural design helps create interest and character for the entire
9 neighborhood. Additionally, the proposed homes have been carefully plotted to
avoid any identical homes (including floor plans, color scheme and architectural
10 styles) from occurring side-by-side, thereby avoiding a monotonous residential
street scene yet still providing a sense of continuity through design.
J2 5. The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 11 and all City public facility policies and
13 ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer collection
'4 and treatment; water; drainage; circulation; fire; schools; parks and other recreational
, facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
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6. That all necessary public facilities required by the Growth Management Ordinance will
17 be constructed or are guaranteed to be constructed concurrently with the need for them
created by this project and in compliance with adopted City standards, in that the project
is being proposed and will be implemented consistent with the requirements of the
J9 Villages of La Costa Master Plan and Zone 11 Local Facilities Management Plan.
20 7. That the project is consistent with the City's Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
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8. The Planning Director has determined that:22
~~ a. The project is a subsequent activity of the Villages of La Costa Master Plan, a
project for which a program EIR was prepared, and a notice for the activity has been
24 given, which includes statements that this activity is within the scope of the program
approved earlier, and that the program EIR adequately describes the activity for the
25 purposes of CEQA; [15168(c)(2) and (e)]; and/or
b. This project is consistent with the Master Plan cited above; and
c. The Villages of La Costa Master Plan EIR 98-07 was certified by the City Council
27 on October 23, 2001 in connection with the prior project or plan; and
d. The project has no new significant environmental effect not analyzed as significant in
28 the prior EIR; and
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e. None of the circumstances requiring a Subsequent EIR or a Supplemental EIR under
2 CEQA Guidelines Sections 15162 or 15163 exist; and
f. The City Council finds that all feasible mitigation measures or project alternatives
3 identified in the Villages of La Costa Master Plan EIR 98-07, which are
appropriate to this Subsequent Project, have been completed, incorporated into the
project design or are required as conditions of approval for this Subsequent Project.
9. The Planning Commission has reviewed each of the exactions imposed on the Developer
6 contained in this resolution, and hereby finds, in this case, that the exactions are imposed
to mitigate impacts caused by or reasonably related to the project, and the extent and the
7 degree of the exaction is in rough proportionality to the impact caused by the project.
o
Conditions:
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Note: Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of a
10 building permit.
1. If any of the following conditions fail to occur, or if they are, by their terms, to be
12 implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
13 revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke, or further condition all certificates of occupancy
14 issued under the authority of approvals herein granted; record a notice of violation on the
, - property title; institute and prosecute litigation to compel their compliance with said
conditions or seek damages for their violation. No vested rights are gained by Developer
16 or a successor in interest by the City's approval of this Planned Development Permit
Amendment.
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2. Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Planned Development Permit Amendment documents, as
19 necessary to make them internally consistent and in conformity with the final action on
the project. Development shall occur substantially as shown on the approved Exhibits.
20 Any proposed development, different from this approval, shall require an amendment to
this approval.21
~~ 3. Developer shall comply with all applicable provisions of federal, state, and local laws and
regulations in effect at the time of building permit issuance.
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4. If any conditions for construction of any public improvements or facilities, or the
24 payment of any fees in-lieu thereof, imposed by this approval or imposed by law on this
Project are challenged, this approval shall be suspended as provided in Government Code
Section 66020. If any such condition is determined to be invalid, this approval shall be
26 invalid unless the City Council determines that the project without the condition complies
with all requirements of law.
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5. Developer/Operator shall and does hereby agree to indemnify, protect, defend, and hold
harmless the City of Carlsbad, its Council members, officers, employees, agents, and
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representatives, from and against any and all liabilities, losses, damages, demands,
2 claims, and costs, including court costs and attorney's fees incurred by the City arising,
directly or indirectly, from (a) City's approval and issuance of this Planned
3 Development Permit Amendment, (b) City's approval or issuance of any permit or
action, whether discretionary or nondiscretionary, in connection with the use
contemplated herein, and (c) Developer/Operator's installation and operation of the
5 facility permitted hereby, including without limitation, any and all liabilities arising from
the emission by the facility of electromagnetic fields or other energy waves or emissions.
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6. Developer shall submit and obtain Planning Director approval of a Final Landscape and
7 Irrigation Plan showing conformance with the approved Preliminary Landscape Plan and
the City's Landscape Manual. Developer shall construct and install all landscaping as
shown on the approved Final Plans, and maintain all landscaping in a healthy and thriving
9 condition, free from weeds, trash, and debris.
10 7. The first submittal of Final Landscape and Irrigation Plans shall be pursuant to the
landscape plancheck process on file in the Planning Department and accompanied by the
project's building, improvement, and grading plans.
12 8. Developer shall submit to the Planning Department a reproducible 24" x 36" mylar
13 copy of the Site Plan reflecting the conditions approved by the final decision-making
body.
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, <- 9. Developer shall include, as part of the plans submitted for any permit plancheck, a
reduced legible version of all approving resolution(s) in a 24" x 36" blueline drawing
16 format.
17 10. Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the San Dieguito Unified School District that this project has satisfied its
obligation to provide school facilities.
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11. This project shall comply with all conditions and mitigation measures which are required
20 as part of the Zone 11 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits.
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~~ 12. The Developer shall comply with all the applicable conditions set forth by MP 98-
01(D) in Resolution No. 5837, CT 05-16 in Resolution No. 6150 and PUD 05-13 in
23 Resolution No. 6151, which are incorporated by reference herein.
24 13. The Developer shall implement and comply with all applicable mitigation measures
required by the Mitigation Monitoring and Reporting Program certified with the Final
Program EIR for the Villages of La Costa Master Plan - EIR 98-07, contained in
26 Planning Commission Resolution No. 5010, including but not limited to Mitigation
Measures regarding the adherence to the applicable foundation recommendations
27 contained in the geotechnical report and the fire protection plan for manufactured
slopes.28 F
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14. This approval shall become null and void if building permits are not issued for this
2 project within 36 months from the date of project approval.
3 15. Developer shall report, in writing, to the Planning Director within 30 days, any address
change from that which is shown on the permit application.4
<- 16. If satisfaction of the school facility requirement involves a Mello-Roos Community
Facilities District or other financing mechanism which is inconsistent with City Council
6 Policy No. 38, by allowing a pass-through of the taxes or fees to individual home buyers,
then in addition to any other disclosure required by law or Council policy, the Developer
7 shall disclose to future owners in the project, to the maximum extent possible, the
existence of the tax or fee, and that the school district is the taxing agency responsible for
the financing mechanism. The form of notice is subject to the approval of the Planning
9 Director and shall at least include a handout and a sign inside the sales facility stating the
fact of a potential pass-through of fees or taxes exists and where complete information
10 regarding those fees or taxes can be obtained.
11 17. Developer shall display a current Zoning and Land Use Map, or an alternative, suitable to
, 2 the Planning Director, in the sales office at all times. All sales maps that are distributed
or made available to the public shall include but not be limited to trails, future and
13 existing schools, parks and streets.
14 18. Developer shall post a sign in the sales office in a prominent location that discloses which
special districts and school district provide service to the project. Said sign shall remain
posted until ALL of the units are sold.
16 19. Building permits will not be issued for this project unless the local agency providing
17 water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
18 time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
2Q 20. Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
21 5.09.030, and CFD #1 special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
22 Local Facilities Management Plan fee for Zone 11, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void,
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21. Prior to the issuance of the building permits, Developer shall submit to the City a Notice
25 of Restriction executed by the owner of the real property to be developed. Said notice is
to be filed in the office of the County Recorder, subject to the satisfaction of the Planning
Director, notifying all interested parties and successors in interest that the City of
27 Carlsbad has issued a Planned Development Permit Amendment by Resolution No.
6726 on the property. Said Notice of Restriction shall note the property description,
28 location of the file containing complete project details and all conditions of approval as
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well as any conditions or restrictions specified for inclusion in the Notice of Restriction.
2 The Planning Director has the authority to execute and record an amendment to the notice
which modifies or terminates said notice upon a showing of good cause by the Developer
3 or successor in interest.
4 Fire:
22. No combustible patio covers, decks or similar structures to homes shall occur within
6 the first 20 feet (Zone 1) of the 60-foot Fire Protection Zone unless fire rated or
heavy timber materials are utilized and approval of said materials shall be obtained
7 prior to installation from the Building Department and must be identified within the
_ CC&Rs.o
9 23. Unless the Fire Protection Zone begins at the property line, trees and shrubs shall be
prohibited in the first 20 feet of the 60-foot zone and must be identified within the
10 CC&Rs.
24. All submittals including architectural submittals shall reference that all lots are to
12 include the installation of Automatic Residential Fire Sprinklers. It is expected that
all submittals will reflect this requirement, so that this requirement is not lost
13 between submittals.
14 Engineering;
Note: Unless specifically stated in the condition, all of the following conditions, upon the
J6 approval of this proposed development, must be met prior to approval of a building or grading
permit whichever occurs first.
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General
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, o 25. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, developer shall apply for and obtain approval from, the city engineer
20 for the proposed haul route.
21 26. This project is approved upon the express condition that building permits will not be
issued for the development of the subject property, unless the district engineer has
determined that adequate water and sewer facilities are available at the time of permit
23 issuance and will continue to be available until time of occupancy.
24 Fees/Agreements
7S 27. Developer shall cause property owner to execute and submit to the city engineer for
2g recordation the city's standard form Drainage Hold Harmless Agreement.
27 28. Developer shall cause property owner to process, execute and submit an executed copy to
the city engineer for recordation a city standard Permanent Stormwater Quality Best
28 Management Practice Maintenance Agreement for the perpetual maintenance of all
treatment control, applicable site design and source control, post-construction permanent
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Best Management Practices prior to the issuance of a grading permit or building permit,
2 whichever occurs first for this project.
3 Grading
29. Developer shall apply for and obtain a grading permit from the city engineer. Developer
<- shall pay all applicable grading permit fees per the city's latest fee schedule and shall post
security per City Code requirements.
6
30. Supplemental grading plans are required for precise grading associated with this project.
7 Developer shall prepare, and submit for approval, grading plans for the precise grading as
shown on the site plan, all subject to city engineer approval.8
9 31. Developer shall comply with the city's Stormwater Regulations, latest version, and shall
implement best management practices at all times. Best management practices include
10 but are not limited to pollution control practices or devices, erosion control to prevent silt
runoff during construction, general housekeeping practices, pollution prevention and
educational practices, maintenance procedures, and other management practices or
1~ devices to prevent or reduce the discharge of pollutants to stormwater, receiving water or
stormwater conveyance system to the maximum extent practicable. Developer shall notify
13 prospective owners and tenants of the above requirements.
14 32. Prior to the issuance of a grading permit, developer shall submit to the city engineer
receipt of a Notice of Intent from the State Water Resources Control Board.
33. Prior to the issuance of grading permit or building permit, whichever occurs first,
developer shall submit for city approval a Tier 3 Storm Water Pollution Prevention Plan
17 (TIER 3 SWPPP). The TIER 3 SWPPP shall comply with current requirements and
provisions established by the San Diego Regional Water Quality Control Board and City
of Carlsbad Requirements. The TIER 3 SWPPP shall identify and incorporate measures
to reduce storm water pollutant runoff during construction of the project to the maximum
extent practicable. Developer shall pay all applicable SWPPP plan review and inspection
20 fees per the city's latest fee schedule.
21 34. This project is subject to 'Priority Development Project' requirements. Developer shall
prepare and process a Storm Water Management Plan (SWMP), subject to city engineer
approval, to demonstrate how this project meets new/current storm water treatment
23 requirements per the city's Standard Urban Storm Water Management Plan (SUSMP),
latest version. In addition to new treatment control BMP selection criteria in the
24 SUSMP, the developer shall use low impact development (site design) approaches to
ensure that runoff from impervious areas (roofs, pavement, etc) are drained through
25 landscaped (pervious) areas prior to discharge. Developer shall pay all applicable SWMP
plan review and inspection fees per the city's latest fee schedule.
27 35. Developer acknowledges upcoming hydromodification (runoff reduction) requirements
may impact how this project treats and/or retains storm runoff. Hydromodification
28 involves detailed site design and analysis to reduce the amount of post-development run-
off by mimicking the natural hydrologic function of the site, preserving natural open-
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spaces and natural drainage channels, minimizing use of new impervious surfaces, and
2 promoting onsite infiltration and evaporation of run-off. During final design, developer
shall demonstrate compliance with storm water requirements to the satisfaction of the city
3 engineer.
4 36. Developer is responsible to ensure that all final design plans (grading plans, improvement
r plans, landscape plans, building plans, etc) incorporate all source control, site design,
treatment control BMP, applicable hydromodification measures, and Low Impact Design
6 (LID) facilities.
7 Utilities
g
37. Prior to issuance of building permits, developer shall pay all fees, deposits, and charges
9 for connection to public facilities.
10 Code Reminders:
38. Developer shall exercise special care during the construction phase of this project to
j2 prevent offsite siltation. Planting and erosion control shall be provided in accordance
with Carlsbad Municipal Code Chapter 15.16 (the Grading Ordinance) to the satisfaction
13 of the City Engineer.
14 39. Developer shall pay traffic impact and sewer impact fees based on Section 18.42 and
Section 13.10 of the City of Carlsbad Municipal Code, respectively. The Average Daily
Trips (ADT) and floor area contained in the staff report and shown on the Site Plan are
I g for planning purposes only.
17 40. Developer shall pay a landscape plancheck and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
18
jo 41. Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
20 permit issuance, except as otherwise specifically provided herein.
21 42. Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
23 43. Any signs proposed for this development shall at a minimum be designed in conformance
with the City's Sign Ordinance and shall require review and approval of the Planning
24 Director to installation of such signs.
25 NOTICE
26
Please take NOTICE that approval of your project includes the "imposition" of fees, dedications,
2' reservations, or other exactions hereafter collectively referred to for convenience as
00 "fees/exactions."Zo
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You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading, or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the planning
X
Commission of the City of Carlsbad, California, held on October 20, 2010, by the following
vote, to wit:
AYES:
NOES:
Acting Chairperson Baker, Commissioners Montgomery, Nygaard
and Schumacher
ABSENT: Chairperson Douglas, Commissioners Dominguez, and L'Heureux
ABSTAIN:
JULIE B
CARLSB
ATTEST:
.cting Chairperson
INNING COMMISSION
DON NEU
Planning Director
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