HomeMy WebLinkAbout09/23/1987PLANNING COMMISSION
kw TOWN OF' LOS ALTOS HILLS
26379 Fremont Road
' Los Altos Hills, California
Wednesday, September 23, 1987
Reel 130, Side II, Tract II, 341 -End; Reel 131, Side I, Tract I, 000-550
Chairman Yanez called the meeting to order at 7:35 P.M. in the Town Hall
Council Chambers.
A. ROLL CALL AND PLEDGE OF ALLEGIANCE:
Present: Commissioners Carico, Emling (arrived 8:05 p.m.), Kaufman,
Patmore, Struthers, Stutz and Chairman Yanez
Absent: None
Staff: George Scarborough, City Manager; Bill Ekern, Director of Public
Works; Nancy Lytle, Town Planner; Leslie Mullins, Secretary
City Council Representative: Councilman Siegel
B. CONSENT CALENDAR:
4W MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Stutz and
passed unanimously to approve the Consent Calendar, specifically:
2. Setting Public Hearings for October 14, 1987:
a. Lands of St. Nicholas School, Annual Review Conditional Use Permit
b. Lands of Kratz, Via Ventana, Appeal of Site Development Decision
C. Lands of Hughes/Giles, Variance & Site Development Permit,
Saddle Court for Addition
d. Lands of Goldstein, Variance, W. Sunset Drive, Swimming Pool
e. Lands of Eyvazov, Dawson Drive, Referral from Site Development
1. Minutes of August 9, 1987 will be available on the October 14, 1987
Agenda for review and approval.
Commissioner Patmore questioned what the variance application was for on
Hughes/Giles application and why it was not mentioned along with the
recent Site Development Permit granted for addition and swimming pool.
Ms. Lytle informed Planning Commission that the applicant wished to
separate their applications, as one portion for the Master Bedroom
required a variance for the building height envelope, noting the addition
and swimming pool recently approved by the Site Development Committee did
s not require variance.
REPORT FROM CITY COUNCIL MEETING OF SEPTEMBER 16, 1987:
Commissioner Kaufman reported the City Council heard a presentation on the
Stanford Use Permit, discussion over location, etc.; Lands of Mo variance
was pulled from the Consent Calendar as it was a denial, they handled
action separately from the Consent Calendar; reviewed the minor variance
ordinance, referring to letter prepared by Mary van Tamelen on the
subject, noting Councilman Siegel requested staff to keep a log record of
which variances would be minor/major; two ordinances were introduced:
Street Trees and Vesting Tentative Maps; General Plan Work Program set up
Subcommittee of van Tamelen, Dronkert - known as the General Plan
Community Participation Committee; Guard Rail on Fremont referred to Staff
for further review; Report presented by the Environment Design Committee
on Town Owned Lands; Concerns still raised over the Quarry Reclamation
Plan, noting City Council have requested Supervisor McKenna to have County
Staff appear at a Council meeting ; State Comments on the Housing Element
discussed, Joint Study Session has been set up for Thursday, November 5th
at 4:00 p.m.; discussion over time of City Council meetings, compromise to
be 7:15 P.m., proposed ordinance will be on next agenda for adoption; and
Civil Action Suit against Sturm on Fence was approved. Commissioners
requested that the Reports mentioned in this report be provided to
Commissioners, i.e., State Comments on Housing Element, Minor Variance
Report by van Tamelen.
V REPORT FROM SITE DEVELOPMENT COMMITTEE MEETINGS OF SEPTEMBER 15, 1987 AND
SEPTEMBER 22, 1987:
Commissioner Stutz reported the Site Development Committee on September
15, 1987 approved landscape plan for Roja on Liddicoat; approved swimming
pool and addition for Hughes/Giles on Saddle Court; approved new residence
for Morrison on Avila Court; approved sports court, cabana pool for Lo on
Green Hills Court, subject to the width of the sports court being reduced
and allowed to encroach into setback by 5' as allowed by ordinance, noting
the Commission should review this portion of the ordinance which allows
patios and decking to encroach 5' into setback, suggesting we may wish to
include minor structures; and recommended approval to Planning Commission
of minor 2 lot subdivision for Huang/Tykeson on Altamont Road.
Commissioner Struthers reported the Site Development Committee on
September 22, 1987 approved Carport/Garage modification for Corrigan on
Normandy Lane and dormer windows; approved landscape and grading
modification for Morris on Padre Court; approved second story addition for
Lloyd on Brendel Drive.
E. PRESENTATIONS FROM THE FLOOR:
F. PUBLIC HEARINGS:
4 1. Lands of White, 24970 O'Keefe Lane, Reconsideration of Site
Development Permit for New Residence
L Mr. Ekern informed Commission the Staff Report dated September 17, 1987
m/ addresses all issues relating to the requested Site Development Permit for
New Residence, noting he is available to answer any questions by the
Commission.
Ms. Lytle informed Commission that the application was previously
continued to allow the applicant to re -design the structure, and has since
lowered a portion of the roof by 11, eliminated interior living area,
added outdoor patio, and indicates on plans a future bridge for creek
crossing.
The Public Hearing was then opened.
Mr. Carl White, 1117 Riverside Drive, Los Altos, informed Commission at
the last public hearing the Commissioners expressed concern over the lack
of outdoor living area, noting we have pulled the house more Toward to
give more backyard area and have shown how land can be used in back across
creek (i.e., swimming pool, cabana, etc.). Mr. White further informed
Commission that they reduced the height of the garage and reduced the
living area by approximately 300 sq.ft.
Commissioners raised concern over activity in the Conservation Easement,
parking on lot and grading, suggesting a fence be installed to keep
construction workers off of the lot. Commissioners also raised concern
over the pathway being messed up by Contractors; and concerned over the
460 amount of fill on the lot.
Mr. White informed Commissioners that he has been in contact with the Town
Hall Staff, noting the trucks which are parking and using this property
for dumping are from the construction across the street. Mr. White further
noted he did not believe the pathway was yet completed by Mr. Ogie as part
of the Subdivision Improvements. With regard to pathway reconstruction,
Mr. Ekern informed Commissioners a condition can be added to the Staff
Recommended Conditions of Approval that the pathway be restored prior to
final inspection. Mr. Ekern informed Commission, the site plans provided
do not show any fill in the Conservation Easement area, and referred
Commission to Condition # 4 relating to no grading allowed within
Conservation Easement. With regard to the amount of fill shown for the
house pad, Mr. Ekern informed Commission it is a requirement of the Santa
Clara Valley Water District and Flood Insurance Program to have building
pad one foot above the 100 year flood.
The Public Hearing was then closed.
Commissioners requested that the applicant be provided with a written
statement on what is allowed and not allowed within the Conservation
Easement.
MOTION SECONDED AND CARRIED: Moved by Struthers, seconded by Yanez and
passed unanimously to amend Condition #8 as listed in the Staff Report
dated September 17, 1987 to read as follows: A Landscape Plan shall be
submitted to and approved by the Site Development Committee prior to final
inspection of residence. The Landscape Plan shall include a riparian
restoration and enhancement program. The Landscape Plan shall be designed
( by a Registered Landscape Architect and with a recommended plantings list
�r to be obtained from the Town Planner.
MOTION SECONDED AND CARRIED: Moved by Struthers, seconded by Stutz and
passed unanimously to add New Condition #9, as follows: Pathway shall be
restored to Type IIB prior to final inspection of residence.
MOTION SECONDED AND CARRIED: Moved by Kaufman, seconded by Patmore and
passed unanimously to approve the Site Development Permit for Lands of
White, 24970 O'Keefe Lane for New Residence subject to Conditions of
Approval as attached to the September 17, 1987 Staff Report and as
amended.
MOTION SECONDED AND CARRIED: Moved by Kaufman, seconded by Patmore and
passed by the following roll call vote to amend Condition #2, to include
that culvert be removed prior to final inspection of residence.
ROLL CALL:
AYES: Commissioners Kaufman, Patmore, Struthers and Chairman Yanez
NOES: Commissioners Carico, Emling and Stutz
ABSTAIN: None
2. Lands of Chan, File #VAR 16-87, 27413 Deersprings Way, Request for
approval of Variance and Site Development Permit for Addition
t Ms. Lytle referred to Staff Report dated September 17, 1987, informing
�y Commission that the applicant proposes a minor addition of 702 sq.ft. at
two sections of the existing residence, noting a 187 sq.ft. lower level
for bathroom and closet expansion, and 515 sq.ft. of expansion on upper
floor for family room, office and laundry room. Ms. Lytle informed
Commission of the subject lots zoning ordinance regulations, noting the
subject proposal is well within the height and floor area requirements.
Ms. Lytle indicated the findings per Municipal Code Section 10-1.1107 (b)
necessary for granting of variance can be supported as listed in the
September 17, 1987 Staff Report, recommending that the Planning Commission
approve the subject variance to exceed the MDA for the lot.
Commissioners questioned the statement in variance findings relating to
driveway; and how much development area would have been allowed under old
ordinance.
Ms. Lytle indicated that this is an average driveway in Los Altos Hills
with regard to size but minimal in terms of width and adequate turnaround;
Mr. Ekern indicated that 2,452 sq.ft. of the driveway is counted toward
their MDA. With regard to MDA allowed under old ordinances, Mr. Ekern
informed Commission the subject property would be allowed 7,000 sq.ft. of
Development Area.
The Public Hearing was then opened.
Mrs. Chan, 27413 Deersprings Way, informed Commission they wish to expand
the utility room for child's bedroom, and would like to change roof from
flat to sloped, noting that all neighbors have reviewed plans and have
signed petition of approval, requesting the Commission approve the
4 requested Variance application.
�
+' The Public Hearing was then closed.
Commission questioned deck shown behind garage, is it counted toward MDA?
Mr. Ekern informed Commission this deck is a trade o££ in the calculation
of MDA, noting they are removing old deck and adding new, actually ending
up with net reduction.
Commissioners requested that the Conditions of the Roads and Drainage
Committee be part of the Site Development Approval, and requested a tree
replacement condition be added. Mr. Ekern indicated that there is a Site
Development Condition regarding inspection by the Engineering Inspector
with regard to Drainage and Grading.
Commissioner Kaufman expressed concern over the requested variance, the
new ordinances were adopted for properties such as this, noting a lot is
.6 luf, 42% slope, excessive driveway is not justification to exceed the
allowed development area, noting the house is over -sized with respect to
our current zoning ordinance.
Ms. Lytle reminded Commissioners of Variance request for similar property
on Lot #13 Country Way for exceeding both MFA and MDA for a new residence.
Commissioner Carico indicated she also feels the same as Commissioner
Kaufman, however, this property is not visible and addition would not
impact neighbors, and indicated they are not covering any more area than
is existing.
Commissioner Patmore indicated she feels the same as Commissioners Carico
and Kaufman, noting she does not feel this is a longer than average
driveway, and property is overdeveloped, but on the other hand, they are
not adding new area, just replacing, noting however, she does have a
problem with the new deck off of the garage.
Mr. Ekern informed Commission the deck off of the garage is a trade off,
as mentioned previously, noting according to the Site Plan it is 210
sq.ft.
Ms. Lytle indicated her reference to driveway in variance application,
relates to turnaround safety.
MOTION SECONDED AND CARRIED: Moved by Emling, seconded by Carico and
passed by the following roll call vote to approve the Lands of Chan, File
#VAR 16-87, 27413 Deersprings Way, based on findings required for granting
of variance per Municipal Code Section 10-1.1107 (b) as listed in the
September 17, 1987 Staff Report.
ROLL CALL:
AYES: Commissioners Carico, Emling, Kaufman, Struthers, Stutz and
Chairman Yanez
NOES: Commissioner Patmore
( ABSTAIN: None
PASSED BY CONSENSUS: To add to Conditions of Approval for Site
l Development Permit, Condition q5, to read as follows: Tree indicated to
�✓ be removed shall be replaced, (replacement may be moved further away from
the structure due to possible fire hazard).
MOTION SECONDED AND CARRIED: Moved by Carico, seconded by Patmore and
passed unanimously to approve the Lands of Chan Site Development Permit
for Addition, subject to Conditions of Approval as listed in the September
17, 1987 Staff Report and as amended.
3. Lands of Lumbard, File #VAR 18-87, 13027 La Barranca, Request for
approval of Variance and Site Development Permit for Garage/Loft
Ms. Lytle referred to Staff Report dated September 17, 1987 informing
Commission the applicant proposes to expand an existing gravel driveway
and to locate a 17 1/2' high, 512 sq.ft. barn -style accessory building
with loft, which will be accessed off of a separate driveway, 65' east of
existing residence. Ms. Lytle gave commission the subject properties
description relating to zoning ordinance. Ms. Lytle recommended that the
Planning Commission deny the variance request based on inability to make
the necessary findings for granting of a Variance as per Municipal Code
Section 10-1.1107 (b) as described in Staff Report dated September 17,
1987•
Commissioners questioned if the partial driveway is counted toward MDA?
and if dirt driveway would it be counted toward MDA? Mr. Ekern indicated
yes it was. Ms. Lytle indicated with regard to dirt driveway, we would
need to intrepret.
The Public Hearing was then closed.
Mrs. Lumbard, 13027 La Barranca, referred to past preliminary review in
April 1987 by Commission showing diagram of how much they have reduced the
garage/loft from first submittal. Mrs. Lumbard indicated they have picked
the most appropriate location on the lot to accommodate this structure,
noting if they were to move location it would require much more grading,
noting we are willing to cut down on overhang and landscape structure.
Mrs. Lumbard informed Commission the structure will match existing
residence with regard to color.
Commissioners discussed the possibility of lot consolidation, Williamson
Act on the adjacent lot, asking if a barn could be built on this lot? and
questioned applicant why they needed all this equipment? Ms. Lytle
informed Commission they could consolidate the lots, and leave one in
Williamson Act and according to City Attorney construct the barn on the
second lot. Mrs. Lumbard informed Commission they have 2 1/2 acres and do
all of our own weed abatement and landscaping.
Commissioner Patmore expressed concern over the lighting of the Lumbards
driveway, noting it is excessive and questioned if the new structure would
be lit up? Mrs. Lumbard indicated that they have the lighting at their
[ driveway for safety reasons.
The Public Hearing was then closed.
Commissioner Kaufman indicated he could vote in favor of this variance
request if 50 sq.ft. of floor area were removed to keep the project in
conformance with zoning ordinance, suggesting the shed be removed. Kaufman
also suggested the roof height be dropped to 15', questioning if it could
be reduced by 11. Commissioner Stutz indicated that the reduction of one
foot would make loft useless. Commissioner Struthers suggested the
structure be dug more into hillside.
Mrs. Lumbard informed Commission they would be happy to remove the shed;
with regard to reduction of roof height, Mrs. Lumbard noted it would make
it very difficult to access the loft up the stairs. Mrs. Lumbard further
noted that she would be very concerned to dig more into hillside with
regard to existing plantings which could possibly be destroyed.
MOTION SECONDED AND CARRIED: Moved by Kaufman, seconded by Yanez and
passed by the following roll call vote to approve the Lands of Lumbard,
File #VAR 18-87, 13027 La Barranca, to exceed the Maximum Development Area
by 2,048 sq.ft., or 917 sq.ft. in excess of the existing non -conforming
level, and to exceed the declining height envelope by 2 1/2' for the
purposes of constructing a garage with loft, based on findings required in
Municipal Code Section 10-1.1107 (b), as the subject property is heavily
wooded and the applicant requires a tractor to maintain the acreage, the
literal enforcement of the provisions of this chapter would result in
practical difficulties as it would expose the agricultural equipment to
the elements which are allowed within a Residential Agricultural Zone.
The strict application of the provisions of this chapter would deprive
property of privileges enjoyed by other property owners in the vicinity,
and will not be materially detrimental to the public welfare or injurious
to the property or improvements in the vicinity as it is very low
visibility within a rural agricultural area, and such application is in
harmony with the general purpose and intent of the ordinance and General
Plan for the Town of Los Altos Hills. With regard to the height issue of
digging the structure more into ground, such requirement would be
detrimental to trees existing on the site.
ROLL CALL:
AYES: Commissioners Emling, Kaufman, Stutz and Chairman Yanez
NOES: Commissioners Carico, Patmore and Struthers
ABSTAIN: None
MOTION SECONDED AND CARRIED: Moved by Kaufman, seconded by Stutz and
passed unanimously to approve the Site Development Permit for Lands of
Lumbard, 13027 La Barranca for garage/loft subject to Site Development
Conditions of Approval as listed in the September 17, 1987 Staff Report,
and amended to include: Town Geologist recommendations; and new condition
#9 to read as follows: Outdoor lighting shall use the minimum wattage
lights which will safely illuminate the area. Outdoor light sources shall
be shielded so as not to be directly visible from off-site.
4. Lands of Stinson, File #VAR 14-87, 26444 Taaffe Road, Request for
Variance and Site Development Permit for New Residence and Workshop
[ (existing structures to be demolished)
Ms. Lytle referred to Staff Report dated September 17, 1987, informed
f Commission the applicant is proposing to rebuild a custom home in the same
approximate location as their existing residence. Ms. Lytle informed
Commission that the most buildable portion of the subject lot is almost
entirely within setback areas, noting the existing residence which was
built in 1960 received variances from the setback requirement. Ms. Lytle
described the subject property in relation to the Town's Zoning Ordinance,
and recommended that the Planning Commission approve the variance request
to encroach into the setback and declining height envelope for the
proposed new residence as shown on plans dated, September 19, 1987, as the
findings as required by Municipal Code Section 10-1.1107 (b) can be
supported as listed in the September 17, 1987 Staff Report.
Commissioner Patmore raised concern over allowing a variance which is not
restricted to a specific number for the setback intrusion and building
height envelope intrusion, also stating concern over Conditions #2 and 3
as it indicates this project is a remodel, noting it should be new
residence. Commissioner Carico questioned findings #3 and 6.
Commissioner Kaufman questioned if additional road right-of-way is
required to be dedicated. Mr. Ekern informed Commission as part of the
Site Development Conditions of Approval he is requesting dedication of
right-of-way along Taaffe Lane frontage which would be dedicated as a
private road to 30' half-width.
The Public Hearing was then opened.
V Mr. Ray Rooker, Architect, provided a colored rendering of the proposed
project, informing the Commission they are very proud of this application,
indicating the subject lot is completely unbuildable without a variance,
asking for approval of the variance request for building height envelope
and setback intrusions, and Site Development Permit for New Residence and
Workshop. Mr. Rooker informed Commission the applicant would very much
like to demolish the big-bulky house which now exists and replace it with
a smaller structure, woodsided and well landscaped.
Commissioner Yanez questioned why the elevations of the structure do not
show any landscaping? Commissioner Struthers questioned if the tree in
the deck area can be saved. Mr. Rooker indicated the landscape plan will
be forthcoming prior to final inspection of the residence, and noted we
could save the tree Commissioner Struthers is referring to.
Dr. Stinson, 26444 Taaffe Road, informed Commission trees have been
designated to be removed as they are indicated to be diseased, however, we
have not yet received a professional opinion. Dr. Stinson indicated that
they have shown their proposal to all neighbors and they are very
enthusiastic, noting we have received all of their signatures on the
petition.
The Public Hearing was then closed.
MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Carico and
�M/ passed unanimously to approve the Lands of Stinson, File #VAR 14-87, 26444
Taaffe Road, to encroach into setback and declining height envelope for
proposed new residence as shown on plans dated "June 19, 1987", and as
supported in required findings per Municipal Code Section 10-1.1107 (b) as
listed in the September 17, 1987 Staff Report and amended as follows:
Condition #2, to read: Due to the irregular shape and the location of the
creek, the existing building site is the only logical one; Condition #3,
to read: The strict application of the setback and height envelope
provisions would not allow the applicants to build their home, a privilege
generally enjoyed by other property owners in the community; and Condition
#6, to read: The project, as proposed, is in keeping with the purpose and
intent of the General Plan.
Mr. Ekern referred to the Conditions of Approval for the Site Development
Permit, informing Commissioners and applicant that the Town's policy is to
request right-of-way dedications on Pre-1973 lots, noting the subject
easement serves 5 lots.
Mr. Rooker informed Commission if the additional right-of-way is not
dedicated, the workshop would not require a variance.
Commissioner Stutz indicated that only within the last couple of years
have we been taking right-of-way dedications with Site Development and
have been inconsistent in our determination. Commissioner Carico
indicated she agrees with Commissioner Stutz, as the neighborhood is
established and additional road right-of-way is not necessary.
Mr. Ekern informed Commission and applicant that the additional right-of-
ko dedications are requested to keep development off of the roadways,
noting the subject right-of-way would encroach into their development only
35' not 40' and is a minimal 200-300 sq—
ft-
MOTION SECONDED AND FAILED: Moved by Commissioner Stutz, seconded by
Kaufman and £ailed by the following roll call vote to remove Condition #6
of the recommended Site Development Conditions. Condition #6, Right-of-way
along Taaffe Lane frontage to be dedicated as private road to 30' half
width, recordation of dedication prior to issuance of building permit.
ROLL CALL:
AYES: Commissioners Emling, Kaufman and Stutz
NOES: Commissioners Carico, Patmore and Struthers
ABSTAIN: Chairman Yanez
Commissioner Carico indicated she voted against this motion, because she
thought there were 2 subdividable lots within vicinity, and that the
architect indicated they would ask to increase the size of the workshop if
the right-of-way were not taken.
Commissioner Emling excused himself from the meeting, 10:50 p.m.
MOTION SECONDED AND CARRIED: Moved by Patmore, seconded by Carico and
passed unanimously by those members present to approve the Lands of
Stinson, Site Development Permit for New Residence and Workshop, 26444
Taaffe Road, as conditioned in the recommended Conditions of Approval
L attached to the September 17, 1987 Staff Report.
Ms. Lytle suggested that the fencing and pathway be discussed at the time
L
of review of the landscap plan prior to final inspection of the residence,
�r noting the fence will be redlined off of the plans at this time.
G. NEW BUSINESS:
Report of Site Development Committee Meetings - Location
Chairman Yanez informed Commissioners he met with Town Planner yesterday
and requested solutions and time frames to be addressed, referring to Memo
dated September 23, 1987.
Mr. Scarborough referred to Staff Report dated September 17, 1987,
informing Commissioners that staff recommends that the Site Development
Committee meetings should continue to be held at the Heritage House, and
request that the Commission tell staff what modifications to the House
they would like made to accommodate the Committee, noting what
modifications we can make without Council approval we will do, adding
those that need Council approval we will recommend for their approval at
the next City Council meeting.
Commissioner Carico informed Commissioners she met with City Manager
yesterday, and indicated that the two main problems are: accessibility to
records, and the weather (too hot - too cold), however, today we have the
table moved back to the front of the house out of the dining area, which
helped with regard to lighting and ventilation. Commissioner Struthers
kw indicated we moved rugs around too, closed the entrance doors and asked
applicants wait in the waiting area (dining room). Chairman Yanez pointed
out to Commissioners that with regard to file access, we have been
informed by staff that the files are now microfilmed. Commissioner Stutz
suggested that the Heritage House Committee review lighting in the house,
i.e., tract lighting in dining room.
Mr. Scarborough informed Commission, in the winter the plan will be to
turn the heaters on in the mornings; and in summer have windows opened and
fans available if needed. Mr. Scarborough indicated we will continue to
hold meetings in the Heritage House and will implement mitigation measures
as soon as possible.
H. OLD BUSINESS:
1. Saturdays, Planning Commission Conference
Ms. Lytle informed Commissioners she would drive to the City for the
conference, if you would like to meet at the Ralston parking lot at 8:15
a.m.
2. Commissioner Carico questioned who is responsible for writing letters
to persons who write letters to Commission. Ms. Lytle indicated letters
addressed to City Council and Planning Commission are responded by City
L Council; letters to Planning Commission and City Manager responded by the
Planning Commission; and letters addressed to City Manager and Town
Planner are responded by the City Manager.
{. 3. Chairman Yanez indicated that he spoke with Ann Smith, Hidden Villa
�r after the last meeting attended by Patmore, Emling and myself, noting they
have given staff two months to review project, and the Board will have the
items back to them on October 15th, and requested they come to us on
October 28th. Commissioner Patmore indicated it would be appropriate for
them to address City Council rather than Planning Commission. Ms. Lylte
indicated that if they choose to come to Planning Commission, that the
City Council Representative is available, suggesting they do attend the
City Council for presentation rather than Planning Commission, and then
any interested Commissioners could attend the City Council meeting.
Chairman Yanez indicated he would follow this up with Mayor and Staff and
get a letter out to the Board.
I. ADJOURNMENT:
There being no further new or old busisness, the meeting was adjourned
at 11:25 p.m.
Respectfully submitted,
Leslie Mullins
Planning Technician
V
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