1990-45RESOLUTION NO. PC 90-45
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ENCINITAS
APPROVING A TENTATIVE SUBDIVISION MAP (90-0?3-TM/EIA)
AND NEGATIVE DECLAI~ATION FOR PROPERTY
BEING PARCEL i OF PARCEL MAP NO. 15333
CITY OF ENCINITAS, COUNTY OF SAN DIEGO,
FILED AUGUST 5, 1988 AS FILE NO. 88-386468
AND AS FURTHER DESCRIBED IN ATTACHMENT
(LOCATED AT THE EASTERLY TERMINUS OF ?TH STREET)
WHEREAS, Bumann Ridge, Inc., submitted a Tentative Subdivision
Map application as required by the City of Encinitas Subdivision
Ordinance, for the purpose of subdividing the 5.75 gross acre site
into 6 single family residential lots of a minimum of .50 acre
each; and
WHEREAS, public hearings were conducted by the Olivenhain
Community Advisory Board on July 17 and September 18, 990, as
required by law, and all persons desiring to be heard were heard;
WHEREAS, a public hearing was conducted by the Planning
Commission on October 23, 1990, as required by law, and all
persons desiring to be heard were heard; and
WHEREAS, evidence was submitted and considered to include
without limitation:
Tentative Subdivision Map dated received by the City of
Encinitas on October 16, 1990; Report from Pacific
Southwest Biological Services re: Use of a Nuisance Water
Treatment Wetland" dated September 7, 1990 and received
by the City on September 10, 1990, and 1 blueline sheet
prepared by Pasco Engineering delineating such a system
on subject project, dated received by the City of
Encinitas on October 5, 1990.
b. Written information submitted with the application;
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Oral testimony from staff, applicant, and public made a
part of the record at said public hearing;
CAB staff reports (90-073-TM/EIA) dated June 6, and
September 11, 1990, and Planning Commission staff report
dated October 17, 1990 which are on file in the office
of Planning and Community Development; and
Additional written documentation.
NOW THEREFORE, BE IT RESOLVED by the Planning Commission of
the City of Encinitas, that the proposed Tentative Subdivision Map
dated received by the City of Encinitas on October 19, 1990 for
property being Parcel 1 of Parcel Map No. 15333 City of Encinitas,
County of San Diego, filed August 5, 1988 as file no. 88-386468
and as further described in Attachment "A" (Located at the easterly
terminus of 7th Street east of Rancho Santa Fe Road), is hereby
approved, and that approval is based upon the following findings:
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That the proposed map is consistent with applicable
general and specific plans as specified in Section 65451
of the Subdivision Map Act since the project is proposed
as Rural Residential development in accordance with the
General Plan Map .designation for the property.
That the design or improvement of the proposed
subdivision is consistent with applicable general and
specific plans since the project is in conformance with
the goals and policies of the General Plan and the
General Plan Land Use designation of the site.
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That the site is physically suitable for that type of
development, in that the 6 lots are proposed to be
developed in single family dwelling units which is
consistent with the RR-2 zoning designation and
development standards for the site.
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That the site is physically suitable for the proposed
density of development, since the topography and design
of the lots can be adequately accommodated as proposed.
The project has been designed to incorporate
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recommendations setforth in the Report from Pacific
Southwest Biological Services dated September 7, 1990 and
received by the City on September 10, 1990 for the
construction of a "Nuisance Water Treatment Wetland"
facility in order to support the findings necessary to
exceed mid-range density of 5.1 lot by 1 lot for a total
of 6 lots; Geotechnical recommendations found on pages
10 through 20 of the "Preliminary Geotechnical
Investigation" dated February 13, 1990 and prepared by
ICG Incorporated; and mitigation measures as setforth in
the Negative Declaration submitted by Keller
Environmental and dated received by the City of Encinitas
on October 5, 1990.
That the design of the subdivision and the proposed
improvements are not likely to cause substantial
environmental damage or substantially and avoidably
injure fish or wildlife or their habitat, and a Negative
Declaration incorporating mitigating measures is hereby
Certified for the Tentative Subdivision Map (90-073-
TM/EIA) dated received by the City of Encinitas on
October 19, 1990.
That the design of the subdivision or type of
improvements is not likely to cause serious public health
problems, since documentation has been obtained stating
that utilities shall be available for the site and the
applicant shall cause all the land within this
subdivision to be annexed to the Cardiff Sanitation
District.
That the design of the subdivision or the type of
improvements will not conflict with easements, acquired
by the public at large, for access through or use of,
property within the proposed subdivision.
That the project is hereby granted allowance to exceed
mid-range density of 5.1 dwelling units to a density of
6 dwelling units as shown on the map dated received by
the City of Encinitas on October 19, 1990. All
environmentally constrained lands are adequately
protected since open space area is being provided in
accordance with the "Nuisance Water Treatment Wetland"
report that is being required on the project to support
the finding to exceed mid-range density; the project
shows high sensitivity to the neighboring properties and
ensures compatibility with land uses and community
character since the lots are designed so as to require
minimal grading to accomplish an adequate house location
that conforms to the natural shape and topography of the
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lots; the project design significantly exceeds the
minimum standards for development since the applicant is
providing lots that exceed the minimum lot size, depth
and width; and private open space easements are being
provided on the steeper portions of lots 3 and 4 as
setforth herein; the project provides needed public
improvements that are significantly beyond the
requirements for the project since the "Nuisance Water
Treatment Wetland" will aid in the mitigation of
cumulative urban runoff ultimately reaching the San Elijo
Lagoon.
NOW THEREFORE, BE IT RESOLVED that Tentative Subdivision Map
(90-073-TM/EIA) dated received by the City of Encinitas on October
19, 1990, is hereby approved subject to the following conditions:
THE FOLLOWING CONDITIONS SHALL BE COMPLIED WITH BEFORE A
SUBDIVISION MAP IS APPROVED BY THE PLANNING COMMISSION AND FILED
WITH THE COUNTY RECORDER OF SAN DIEGO COUNTY.
THE SUBDIVISION MAP SHALL SHOW AN ACCURATE AND DETAILED VICINITY
MAP, INCLUDING DISTANCES.
1. GENERAL CONDITIONS
This approval will expire on October 23, 1992, at 5:00
p.m. unless the conditions have been met or an extension
has been approved by the Authorized Agency.
This approval may be appealed to the authorized agent
within 15 days from the date of this approval.
Nothing in this permit shall relieve the applicant from
complying with the conditions and regulations generally
imposed upon activities similar in nature to the activity
authorized by this permit;
Approval of this request shall not waive compliance with
any sections of the Zoning Code and all other applicable
City Ordinances in effect at the time of Building Permit
issuance.
A Mitigation Monitoring and Reporting Program (MMRP)
shall be required to be reviewed and approved prior to
final recordation of the map. The MMRP shall reference
the mitigation measures as setforth in the Negative
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Declaration herein referenced, and the Report from
Pacific Southwest Biological Services dated September 7,
1990 and received by the City on September 10, 1990 for
the construction of a "Nuisance Water Treatment Wetland"
facility, and shall be established and funded by the
developer or property owner. A covenant shall be
recorded agreeing to submit funds to accomplish the
Mitigation Monitoring and Reporting Program prior to
issuance of any permits for the project. The amount
necessary will be determined by the Directors of the
Public Works and Planning and Community Development
Departments prior to issuance of said permits.
Permits from other agencies will be required as follows:
i. Cardiff Sanitation District
ii. Olivenhain Municipal Water District
iii. County Health Department
APPLICANT SHALL CONTACT THE DEPARTMENT OF PLANNING AND
COMMUNITY DEVELOPMENT REGARDING COMPLIANCE WITH THE FOLLOWING
CONDITIONS:
2. SITE DEVELOPMENT
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For new residential dwelling unit(s), the applicant shall
pay development fees at the established rate. Such fees
may include, but not be limited to: Permit and Plan
Checking Fees, School Fees, Water and Sewer Service Fees,
Traffic Fees, Drainage Fees, and Park Fees. Arrangements
to pay these fees shall be made:
a. Prior to recordation of the final map; or
B. Prior to issuance of a building permit;
as determined applicable by the Planning and Community
Development Department.
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Street names shall be approved by the City prior to the
recordation of the final map, and street addresses shall
be provided prior to the issuance of building permits.
Any change to the natural drainage or concentration of
drainage shall be adequately handled and shall not impact
adjacent properties.
D. A plan shall be submitted for approval by the Director
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of Planning and Community Development and the Encinitas
Fire Protection District regarding the treatment of the
site during the construction phase, and the circulation
and parking of construction workers' vehicles and any
heavy equipment needed for the construction of the
project.
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Design Review shall be required for lots 3, and 4 for
the design of the homes, all fences and walls,
landscaping, noise attenuation measures if applicable,
grading, and improvements.
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That the private open space easement be required on a
portion of lot 3 and a portion of lot 4 as shown on the
blueline drawing received by the City of Encinitas on
October 5, 1990. The open space shall be restricted in
use so as to prohibit any grading or padding that would
alter the natural landform, grazing of large animals, and
placement or construction of any structures on said open
space other than fencing along lot lines or separating
the usable lot area from the open space only, with the
exception of allowing fencing to be constructed heading
east and west between lots 3 and 4. An orchard may be
permitted pursuant to review by City Engineer and the
Director of Community Development for any irrigation,
drainage structures or land disturbance necessary to
accomplish the planting and maintenance of said orchard,
so as not to adversely impact the planting required in
the nuisance water treatment wetland required herein.
Maintenance shall be required of the Water Treatment
facility by the property owner of lot 4 to keep it
functioning as proposed and approved herein, and a
covenant shall be recorded in the office of the County
Recorder agreeing to said requirement. Maintenance shall
be allowed for the Water Treatment facility pursuant to
review and approval by the City Engineer. Sedimentation
cleanout shall not be trucked off-site. Consideration
shall be taken for any disturbance necessary per Fire
Code for fire break clearing, however, any clearing
necessary shall be reviewed and approved by the City
Engineer, Director of Community Development and the Fire
Chief prior to commencment.
SIGNS
Any signs proposed for this development shall be
designed and approved in conformance with the Sign
Ordinance.
B. A comprehensive Sign Program for this development to
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include temporary subdivision advertising signs and any
model home and information signing shall be submitted to
the Community Development Department or Community
Advisory Board for their review and approval prior to
issuance of building permits.
THESE ITEMS MUST BE COMPLETED PRIOR TO FINAL FIRE DEPARTMENT
APPROVAL. APPLICANT SHALL CONTACT THE ENCINITAS FIREPROTECTION
DISTRICT REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
FIRE
A. The unobstructed, paved width of a fire access roadway
shall be not less than 24 feet. EXCEPTION: A fire access
roadway providing access to only one single family dwelling
shall be not less than 16 feet in paved width.
B. Turnarounds: Ail dead-end fire access roads in excess of
150 feet in length shall be provided with a cul-de-sac or
equivalent turning area satisfactory to the Fire Chief. The
minimum radius of a cul-de-sac shall not be less than 40 feet.
C. Grade: The gradient for a fire apparatus access roadway
shall not exceed 20%. The angle of departure and approach
shall not exceed the maximum approved by the Chief.
D. Gates: Ail automatic gates across fire access roadways
shall be equipped with approved emergency key operated
switches overriding all command functions and opening the
gate. Gates accessing more than three residences or
residential lots shall also be equipped with approved
emergency traffic control activating strobe sensor(s), which
will activate the gate on the approach of emergency apparatus.
Allautomatic gates must meet Fire Department policies deemed
necessary by the Chief for rapid reliable access.
E. Response Maps: Any development which necessitates,
byvirtue of new structures, fire hydrants, roadways or similar
features, shall be required to provide map updates in a format
compatible with current department mapping services, and shall
be charged a reasonable fee for updating all response maps.
F. Prior to delivery of combustible building materials on
site, water and sewer systems shall satisfactorily pass all
required tests and be connected to the public water and sewer
systems. In addition, the first lift of asphalt paving shall
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be in place to provide adequate, permanent access for
emergency vehicles. Said access shall be maintained to the
satisfaction of the Fire District.
G. Ail designated emergency access roads shall be posted
pursuant to Fire District Standards.
H. Ail two-way traffic aisles shall be a minimum of 24 feet
wide and emergency access shall be provided, maintained free
and clear a minimum of 24 feet wide at all times during
construction in accordance with Fire District requirements.
I. Submit a letter from the Fire District stating
satisfaction with the type and location of fire hydrants and
the minimum water flow in gallons per minute together with a
letter to the appropriate agency certifying that the fire
department's minimum required water flow is available to serve
the project. Provisions shall be made to ensure a maximum
water pressure at the hydrant of 250 psi. The
installation of a pressure reducing station may be required.
Fire hydrants shall be of a bronze type and shall be
identified by installing a "blue" reflective dot on the street
surface pursuant to Fire District Standards.
L. Address numbers shall be clearly visible from the street
fronting the structure. Where structures are located off a
roadway on long driveways, a monument.shall be placed at the
entrance where the driveway intersects the main roadway.
Permanent address numbers shall be displayed on this monument.
M. Structures shall be protected by automatic fire sprinkler
systems. Sprinkler systems shall be installed to the
satisfaction of the Encinitas Fire Protection District.
N. Tentative maps filed with the City or District may require
as a standard condition annexation to the Fire District
Benefit Assessment Area.
O. Prior to final recordation, the applicant shall submit a
letter from the Fire District stating that all development
impact, plan check and/or cost recovery fees have been paid
or secured to the satisfaction of the District.
APPLICANT SHALL CONTACT THE COMMUNITY SERVICES DEPARTMENT
REGARDING COMPLIANCE WITH THE FOLLOWING CONDITIONS:
5. RECREATION
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APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
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When public or private recreational trails are required
as a part of the subdivision, the developer shall display
a map in the sales office, of said subdivision,
indicating the trails.
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Ail sales maps that are distributed or made available
to the public shall include but not be limited to trails,
future and existing schools, parks, and streets.
GRADING
A. No grading permits shall be issued for this subdivision
prior to recordation of the final map.
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The developer shall obtain a grading permit prior to the
commencement of any clearing or grading of the site.
The grading.for this project is defined in Chapter 23.24
of the Encinitas Municipal Code. Grading shall be
performed under the observation of a civil engineer whose
responsibility it shall be to coordinate site inspection
and testing to ensure compliance of the work with the
approved grading plan, submit required reports to the
City Engineer and verify compliance with Chapter 23.24
of the Encinitas Municipal Code.
No grading shall occur outside the limits of the project
unless a letter of permission is obtained from the owners
of the affected properties.
A separate grading plan shall be submitted and approved
and a separate grading permit issued for the borrow or
disposal site if located within the city limits.
Ail newly created slopes within this project shall be no
steeper than 2:1.
A soils/geological/hydraulic report (as applicable) shall
be prepared by a qualified engineer licensed by the State
of California to perform such work prior to building
permit issuance or at first submittal of a grading plan.
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Prior to hauling dirt or construction materials to any
proposed construction site within this project the
developer shall submit to and receive approval from the
City Engineer for the proposed haul route. The developer
shall comply with all conditions and requirements the
City Engineer may impose with regards to the hauling
operation.
DRAINAGE AND FLOOD CONTROL
The developer shall exercise special care during the
construction phase of this project to prevent any offsite
siltation. The developer shall provide erosion control
measures and shall construct temporary
desiltation/detention basins of type, size and location
as approved by the City Engineer. The basins and erosion
control measures shall be shown and specified on the
grading plan and shall be constructed to the satisfaction
of the City Engineer prior to the start of any other
grading operations. Prior to the removal of any basins
or facilities so constructed the area served shall be
protected by additional drainage facilities, slope
erosion control measures and other methods required or
approved by the city Engineer. The developer shall
maintain the temporary basins and erosion control
measures for a period of time satisfactory to the City
Engineer and shall guarantee their maintenance and
satisfactory performance through cash deposit and bonding
in amounts and types suitable to the City Engineer.
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A drainage system capable of handling and disposing of
all surface water originating within the subdivision, and
all surface waters that may flow onto the subdivision
from adjacent lands, shall be required. Said drainage
system shall include any easements and structures as
required by the City Engineer to properly handle the
drainage.
The developer shall pay the current local drainage area
fee prior to approval of the final map for this project
or shall construct drainage systems in conformance with
the Master Drainage Plan and City of Encinitas Standards
as required by the City Engineer.
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Concentrated flows across driveways and/or sidewalks
shall not be permitted.
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The drainage system shall be designed to ensure that
runoff resulting from a 10-year frequency storm of 6
hours or 24 hours duration under developed conditions,
is equal to or less than the runoff from a storm of the
same frequency and duration under existing developed
conditions. Both 6 hour and 24 hour storm durations
shall be analyzed to determine the detention basin
capacities necessary to accomplish the desired results.
STREETS AND SIDEWALKS
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A registered Civil Engineer or a licensed land surveyor
shall provide a signed statement that:
"The existing private roads of access to the project are
within the easements for the benefit of the land
division".
Reciprocal access and maintenance and/or agreements shall
be provided ensuring access to all parcels over private
roads, drives or parking areas and maintenance thereof
to the satisfaction of the Director of Public Works.
Prior to any work being performed in the public right-
of-way, a right-of-way construction permit shall be
obtained from the Public Works office and appropriate
fees paid, in addition to any other permits required.
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Plans, specifications, and supporting documents for all
improvements shall be prepared to the satisfaction of the
City Engineer. Prior to approval of the final map, the
Subdivider shall install, or agree to install and secure
with appropriate security as provided by law,
improvements shown on the tentative map and the following
improvements to City Standards to the satisfaction of the
City Engineer:
24 foot wide improved road in a 40 foot graded
easement with rolled A.C. curb from the proposed
cul-de-sac north to join existing pavement.
2 inch A.C. cap on existing paved road from north
property line of Lot 1 to "E" Street.
20 foot wide improved road, with rolled curb, in the
existing 30 foot easement from the proposed cul-de-
sac south to the south property line.
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The design of all private streets and drainage systems
shall be approved by the City Engineer prior to APPROVAL
OF THE FINAL MAP for this project. The structural
section of all private streets shall conform to City of
Encinitas Standards based on R-value tests. The standard
improvement plan check deposit is required.
APPLICANT SHALL CONTACT THE APPROPRIATE AGENCY REGARDING
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
UTILITIES
The developer shall comply with all the rules,
regulations and design requirements of the respective
utility agencies regarding services to the project.
The developer shall be responsible for coordination with
S.D.G. & E., Pacific Telephone, Cable TV authorities and
other appropriate utility providers.
Ail proposed utilities within the project shall be
installed underground including existing utilities unless
exempt by the Municipal Code.
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A waiver of the abovementioned requirement C. shall be
allowed for that portion within the 7th Street alignment.
The all weather surface on the sewer easement on lot 4
shall be allowed to be D.G.
10. PUBLIC WORKS ADDITIONAL CONDITIONS
A. Private road off "E" Street shall be named on the map.
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The sewer that is intended to serve the properties on the
west side of the private road shall be run along the road
from the intersection of cul-de-sac Street "A" north to
the southern property line of Parcel 2 of PM 15333.
Sewer service within the existing private road easement
shall also be provided to the parcels along the west
property line south of the intersection where sewer
manhole 3 is located.
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Joint driveways on property lines, if allowed by design
review process, shall be constructed with a cold or
sawcut joint on property line.
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Private storm drain on Lot 4 shall be extended to the
limit of the flood plain.
11. GENERAL REQUIREMENTS AND APPROVALS
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Final parcel and tract maps shall conform to city
standards and procedures and the Subdivision Map Act.
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Developer shall execute and record a covenant with the
County Recorder agreeing not to oppose the formation of
an assessment district to fund the installation of right-
of-way improvements.
Prior to close of escrow the developer shall require
that the prospective property owners sign and return
the following statement to the City of Encinitas
Department of Planning and Community Development:
"In purchasing Lot , I am aware of and
understand that I am agreeing not to oppose the
formation of an assessment district to fund the
installation of right-of-way improvements."
Provide compliance with the Uniform Building Code for
property line clearances considering use, area and fire
resistance of existing buildings.
Existing sewage disposal facilities shall be removed,
filled and/or capped to comply with appropriate grading
practices and the Uniform Plumbing Code.
Prior to the building department approving the connection
to the buildings to the private sewer or water systems
located in the private right of way, the civil engineer
responsible for the design and the inspector responsible
for the system inspection must certify in writing to the
Director of Publoic Works that the sewer and/or water
systems were designed and constructed in accordance with
the utility district or agency standards for public
systems.
12. STANDARD MAP CONDITIONS
Code)
(Chapter 24.16 of the Municipal
This project is approved specifically as 1 (single) phase.
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13.
WAIVERS AND EXCEPTIONS:
Standard conditions to require a street lighting system and
road improvements other than as stated within this resolution
document are hereby waived due to the rural nature of the
surrounding area; the impact that such improvements would
create would be detrimental to the rural area and would create
an adverse impact upon the subject property and surrounding
community. The stated waiver will not be materially
detrimental to the public welfare or injurious to other
property in the immediate vicinity since the waiver will be
consistent with the existing and desired community character
of the immediate vicinity.
PASSED AND ADOPTED this 23rd
following vote, to wit:
day of October, 1990, by the
Ayes:
Commissioners Bagg, Couglar, Dean, and Orr
Nays: None
Absent: Commissioner Stumpf
Abstain: None
Lester Bagg,
Planning Commission
the
ATTEST:
s a{ric~ ~ ://~hy//
ecretary
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