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TUSTIi. Planning Commission. Report to the TUSTIN CA TORRANCE CA ITEM4 OVERLAYC2 P STATUS

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ITEM 4

Report to the

Planning Commission

DATE AUGUST

11

2009

SUBJECT CONDITIONAL USE PERMITS

CUP

09009

AND 09020

APPLICANT YOSHINORI

INADA

JAPONAISE BAKERY 600 EL CAMINO REAL

TUSTIN

CA 92780

PROPERTY OWNER PETER AND WILLIAM ZAPPAS 3922 EMERALD STREET

TORRANCE

CA 90503

TUSTIi

LOCATION EL CAMINO

PLAZA

600712 EL CAMINO REAL

CREAM PANJAPONAISE

BAKERY

600604 EL CAMINO REAL

ZONING CENTRAL COMMERCIAL WITH COMBINING PARKING OVERLAY

C 2 P

GENERAL PLAN OLD TOWN GOMMERCIAL

ENVIRONMENTAL THISPROJECT IS CATEGORICALLY EXEMPT

CLASS

1

STATUS EXISTING

FACILITIES

PURSUANT TO THE PROVISIONS OF SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT

REQUEST APPROVAL OF A JOINTUSE PARKING ANALYSIS TO ALLOW FOR A REDUCTION IN OFFSTREET PARKING REQUIREMENTS DUE TO SHARED PARKING AMONG BUSINESSES WITHIN THE EL CAMINO PLAZA SHOPPING CENTER

CUP 09 009 AND

TO ACCOMMODATE THE ESTABLISHMENT OF A BONA FIDE RESTAURANT IN A 4000 SQUARE FOOT TENANT SPACE WITH ONSITE BEER AND WINE SALES AT THE RESTAURANT

CUP 09 020

(2)

Planning

CommissionReport

August

11 2009

CUPs09009 and 09020

Page 2

RECOMMENDATION

That the

Planning

Commission

adopt

Resolution No 4122

approving

Conditional Use Permit 09009 and Resolution No 4123

approving

Conditional Use Permit 09020

BACKGROUND

Project Description

The

applicant

is

proposing

to serve beer and wine for onsite

consumption ABC

License

Type 41

at the

Japonaise Bakery

in EI Camino Plaza The Cream Pan

portion currently

serves as

bakery

for takeout purposes and the

Japonaise Bakery portion

serves as a restaurant for

sit down

food service within an

existing

center The

applicant

wishes to be able to offer customers beer and wine in

conjunction

with their meals To accommodate the

expansion

of the restaurant use the

applicant

has

submitted

a

joint

use

parking analysis

forthe reduction of offstreet

parking requirements

Site and

Surrounding Properties

The site is an

existing shopping

center

EI

Camino

Plaza

on the western side of EI Camino

Real

south of Sixth

Street

and north of the I5

Freeway Attachment

A

Location

Map

The shared

parking analysis

would

apply

to the entire

center

which is

composed

of addresses 600 712 EI Camino

Real

also known as Assessor Parcel Numbers 40163101 and 40163115 The restaurant

applying

for alcoholic

beverage

sales is located in Suites 600 604 EI Camino Real in a

pad building

at the northeast

cornerof the

shopping

center near the intersection of EI

Camino

Real and Sixth Street Other businesses in EI Camino Plaza includea health and fitness gym small

salons

a

variety

of

restaurants

and

general

retailuses

The

project

site

EI

Camino

Plaza

is

neighbored by

the Beach Pit BBQ Restaurant and residential areas

Old Town

TustinCultural Resources

District

to the

north

Planned

Industrial areas to the

west

commercial

properties

to the

east

and the Santa Ana

Freeway Interstate 5

to the south

see Figure 1

Cream Pan Japonaise Bakery

Figure

1

(3)

Planning

Commission Report

August

112009

CUPs09009 and 09020

Page

3

History

The EI

Camino

Plaza is an

existing shopping

center with

approximately

33tenants and a

large

common

parking

area In

2001

the

Planning

Commission

adopted

Resolution No

3776 approving

Conditional Use

Permit

01002 to authorize shared

parking

within EI

Camino Plaza to establish arestaurant with onsite beer and wine sales The

proposed project

is a similar

request

to

update

the

parking analysis

to

verify

that

sufficient

onsite

parking

facilities exist to accommodate the

expansion

of a restaurant into what was

formerly

aretail suite The

approval

of CUP 09009 for a

subsequent joint

use

parking analysis

would

supersede

the

approval

of CUP 01002

by

Resolution No

3776 including

conditions of

approval

asit

relates

to shared

parking only

The

provisions

of Resolution No 3776 relatedto the

approval

of a restaurantwith

on site

beer and wine sales at 654 EI Camino Real would remain

unchanged

Per Ordinance 1354

Off Street Parking Requirements adopted

in November

2008 restaurants

cafes or other similar establishments for the

consumption

of food and

beverages

onthe

premises

now

require parking

at the ratio ofone

1

space foreach 100

square feet of gross floor area When

the

tenant

improvement

for the

expansion

of the

cafe was

completed

itwas

approved

under the

provisions

of the

previous

code related to

parking

which

required parking

based on the number of seats

one

space per three

seats Therefore

the cafe was

permitted

to occupy the space within alimitation onthe number of seats allowed

However

the

applicant

has

subsequently requested

onsite

alcoholic

beverage

sales at the restaurant In order to be

exempt

from

distancing requirements

to residential

properties

other on and offsite sales

establishments

and

sensitive usessuch aschurches and

schools

the business must be considered as abona fide

restaurant

per the definition in the Alcoholic

Beverage

Sales Establishment Guidelines Due to this

expansion

of use a new

parking

summarywas

required

The

parking

lot at the center is

very large

and is used

jointly by

a number of commercialretail

uses

However

due to the

high

concentration of restaurantusesthesite as awhole does notmeet the code

requirements for required

offstreet

parking

Tustin

City

Code Section 9264 allows forareduction of offstreet

parking requirements

fior

joint

use of

parking

areas for nonresidential useswith different

peak

hours of

operation

with the

approval

ofa conditional use

permit by

the

Planning Commission

for which an

application

has

been

filed

DISCUSSION

Joint

Use

Parking

EI Camino Plaza is a

large

commercial center with a

large parking

lot

that currently provides

484

parking

spaces Under the current

City parking standards

the site as a

whole

is deficient in

parking

Tustin

City

Code Section 9294 allows for a reduction ofi offstreet

parking requirements

with the

approval

ofa conditional use

permit

for

parking

facilities to be used

jointly

for

nonresidential useswith

different peak

hours of

operation

The

request

foraCUP

requires

the

applicant

to submita

parking study prepared by

a Californialicensed traffic

engineer

or

(4)

Planning Commission Report August 112009

CUPS 09009 and 09020

Page4

civil

engineer experienced

in the

preparation

of such studies

using

Institute of

Transportation Engineers ITE methodology

The

study

needs to demonstrate the

following

1 No substantial conflict will

exist

in the

peak

hours of

parking

demand for the uses

for which

joint

useis

proposed

The number of spaces available after the reduction shall accommodate the

reasonably anticipated

needs of thecenter

during

differenthoursof

operation

3

Parking

spaces

designated

for

joint

useshall be located sothat

they

will

adequately

serve theusesfor which

they

areintended

Additionally

4 A written and recorded

agreement

shall be drawn and executed

by

all concerned

parties

to ensure the continued

availability

of the number of

parking

spaces

designated

for

joint

useand

availability

of

reciprocal

accesseasements

5

Planning

Commission

approval

ofaconditional use

permit

is

required

for

parking

areas

serving

structures

totaling

over

30 000

square feet

Parl

ing Analysis

The

applicant

submitted a Shared

Parking Study

for EI Camino Plaza

prepared by

K2

Traffic

Engineering

Inc

Attachment C

The

analysis

included a field survey

of

actual usages at the

existing parking

lot

performed

over an 8hour

period

on a

Friday

and

Saturday

to account for

peak weekday

and weekend conditions Peak usage was observed at 700 pmon

Friday evening showing

330 spaces

being

utilized

Saturday peak

usage wasobserved at 745 pm

showing

260

parking

spaces

being

utilized The

study

finds that the

proposed

restaurant

expansion

can be accommodated

by

the

existing

484 spaces onsite

The

City s

Traffic

Engineer

has reviewed the submitted

study

for

methodology

and

accuracy and concurs that sufficient

parking capacity

exists to

grant

the reduction ofoff street

parking requirements through joint use parking

to accommodate the

proposed

restaurant

expansion

The

analysis

is basedon

the

current mix ofusesin the

center

any

changes

to the uses listed in

Appendix

A

Existing

Tenant

Information

of the

approved Parking

Demand

Study

would

require approval by

the

Community Development

Director If in the future a

parking problem

is determined toexiston the

site

Condition

2

4 of

proposed

Resolution No 4122 allows the

Community Development

Director to

require

the

property

owner to prepare a

parking

demand

analysis

and

provide

interim

and

permanent

measuresto

mitigate

the

problem

The

parking study analyzes parking

counts

only

and does not

analyze

the

conformity

of

the

parking

lot

design

or

striping

to currentcode

requirements

No

changes

to the

parking

lot

layout

are

proposed

in

conjunction

with this

application

but any future

changes

tothe

(5)

Planning

Commission

Report

August 11 2009

CUPS 09009 and 09020

Page5

parking

lot

design layout circulation

numberor size of stalls would

require approval by

the

Community Development Department Condition

22 of

proposed

Resolution

4122

Alcoholic

Beverage Sales Regulations

and Guidelines

The site is located in the Central Commercial with

Combining Parking Overlay C 2 P zoning

district and Old Town Commercial General Plan Land Use

Designation

Tustin

City

Code Section

9233c v

lists alcoholic

beverage

sales

establishments

as a

conditionally permitted

use in the C2 district

Thesale ofbeer and wine far onsite

consumption

canbe authorized in

conjunction

with a

bona fide restaurant use in conformance with the

City s

Alcohol

Beverage

Sales

Establishment

Guidelines

as amended

by

the

Planning Commission

and

adopted by

the

City Council

on

May 21 2001

and the

applicable zoning

code

regulations

Pursuant to the

Guidelines

a restaurant use is defined as A retail

establishment

that sells food and

beverages prepared

onthe

site

where customers are served foronsite

consumption

At

least

eighty 80 percent

of the

premises seating

shall be

designed

and used for food

consumption

and must possess the necessary

utensils table service

and condiment

dispensers

with which to serve meals to the

public Also

the gross annual sales of food must exceed the sale of alcohol The submitted

application

states

that approximately

90

percent

of

sales

are estimated to be from food and 10

percent

from alcohol and that no

separate

bar area is

proposed

Onsite alcoholic

beverage

sales

establishments except

restaurants are

subject

to distance

requirements

to residential

properties

sensitive uses

and other alcoholic

beverage

sales

establishments

The Tustin Police

Department

has reviewed the

application

and does not have any

concernsat this time

Proposed

Resolution No4123 contains conditions of

approval

that

are consistent with the

City s

Alcoholic

Beverage

Sales

Establishment

Guidelines to

mitigate

any

potential

adverse

impacts

for onsite sale and

consumption

of beer and wine in

conjunction

with the restaurant

Hours of

Operation

The restaurant and

bakery currently operate

from 700 amto 400 pm The

applicant s proposed

hours of

operation

arefrom 700 amto 1000 pm

daily

In order to

provide

additional

flexibility

consistent with other restaurants in thearea Condition 23of

proposed

Resolution No 4123 limits the hours of

operation

to 700 amto 1100 pm

daily

should

the applicant

decide to extend the

closing

time

by

one

1

hour in the

future Any

other

extensions to the hours of

operation

could be

approved by

the

Community Development

Director if it is determined that noadverse

impacts

tothe

surrounding

tenantsor

properties

would occur Pursuant to

proposed

Condition

2 3

food service shall beavailable at all times when alcoholic

beverages

are served

(6)

Planning Commission Report August 11 2009

CUPS09009and 09020

Page6 FINDINGS

CUP09009 JointUse Parkin

In

determining

whether to approve the Conditional Use

Permit

the

Planning

Commission must determine whether ornot the

proposed project

will be detrimental to the

health safety morals comfort

and

general

welfare of the persons

residing

or

working

in the

neighborhood

or whether it will be

injurious

or detrimental to

property

or

improvements

in the

vicinity

or to the welfare of the

City

A decision to approve this

request

can be

supported by

the

following findings

1 That a Shared

Parking Study

dated

May 8 20D9

was

prepared by

a

licensed traffic

engineer Kay Hsu P E

of K2 Traffic

Engineering

in

accordance with Tustin

City

Code Section

9264

2 That the Shared

Parking Study

has been reviewed and

accepted by

the

City

s

Traffic

Engineer

for

methodology

and accuracy

3 That the Shared

Parking Study

demonstrates that no substantial conflict will exist in the

peak

hours of

parking

demand for the center for

existing

and

proposed

uses and that the

proposed

restaurant

expansion

can be

accommodatedon

site

4 That the number of spaces needed for the

proposed

restaurant does not exceed the number of spaces

anticipated

to be available

during

different

hours of

operation

5 That the

parking

spaces

designated

for

joint

use are located such that

they

will

adequately

servethe usesfor which

they

are

intended

6 That the

proposed

use as

conditioned

will not have a

negative

effect on

surrounding properties

or

impact

traffic orthe

availability

of

parking

in that

sufficient parking

would be available

on site

7 That a written

agreement is required

to be recorded on all

properties

involved to ensure the continued

availability

of the number of

parking

spaces

designated

for

joint

use and

availability

of

reciprocal

access

easements

CUP 09020 Alcoholic

Beverage

Sales

In

determining

whether to approve the Conditional Use

Permit

the

Planning

Commission must determine whether or not the

proposed

onsite alcoholic

beverage

sales will be detrimental to the

health safety morals comfort

and

general

welfare of

the persons

residing

or

working

in the

neighborhood

or whether it will be

injurious

or

detrimental to

property

or

improvements

in the

vicinity

or tothe welfare of the

City

A

decision to approve this

request

can be

supported by

the

following findings

(7)

Planning

Commission Report

August

11 2009

CUPS 09009 and 09020

Page 7

That the sale of

proposed

onsite sale and

consumption

of beer and wine

are

permitted

within the Central Commercial

C 2 zoning

district with the

approval

ofa

Conditional

Use

Permit

2 That as

conditioned

the

proposed

onsite

consumption

of beer and wine is consistent with the Alcoholic

Beverage

Sales Establishment

Guidelines

as

amended

by

the

Planning

Commission and

adopted by

the

City

Council on

May 21 2001

3 That as

conditioned

the

proposed

onsite

consumption

of alcoholic

beverages

would be in

conjunction with

a restaurant where food will be served atall times when alcoholic

beverages

are

served

4 That per the Alcoholic

Beverage

Sales Establishment

Guidelines

bona fide

restaurants with onsite alcoholic

beverage

sales are

exempt

from distance

separation requirements

to residential uses sensitive uses and other alcoholic

beverage

sales

establishments

5 That the restaurant use is located within a retail center and a commercial corridor

along

EI Camino Realwherea

variety

of

retail office

and restaurant

uses are located The characteristics of the use and

proposed

hours of

operation from

700 am to 1100 pm

daily

are consistent with the

operations

of

surrounding

uses

Thatthe restaurant

expansion

canbe accommodated

by the existing parking capacity

asfound in the

accompanying joint use parking analysis CUP

09

009

7 That the Tustin Police

Department

has reviewed the

application

and has no

immediateconcerns

J cccJ

Reina

Kapadia

Elizabeth A Binsack

Associate Planner

Community Development

Director

Attachments

A Location

Map

B Submitted Plans

C Submitted

Parking Study

D

Planning

Commission Resolution No 4122 E

Planning

Commission Resolution No 4123

S1Cdd1PCREPORT120091CUPs 09009and 09020 EICamino PlazaparkingandABCdoc

(8)

Attachment A

Location Map

(9)

LOCATION MAP

ADDRESS 600 712 EL CAMINO REAL PROJECT NO CUPS 09009 09020 JOINT

USE PARKING AND ONSITE ALCOHOLIC BEVERAGE SALES

(10)

Attachment B

Submitted Plans

(11)

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(13)

Attachment C

Submitted Parking Study

(14)

K2

Ice TRAFFICEN6INEERIN6 Inc

G raliic CvntrblSignal Synchrnnizatipn IarKiny 5Yudy

May

8 2009

RESPONSE TO COMMENTS

CREAM PAN BAKERY PARKING DEMAND STUDY

The revised

study

dated

May

8 2009 has

incorporated

reviewcommentswith the

following

responses

No 2 The total

parking

space should be484 basedonactual conditions

on

Feb 27

2009 Site

plan Parking Layout

has been revised No3 5 8 Comments addressed

No 9

Appendix

A isrevised toshow3000 SF for the

existing

Cream

Pan

facility

No 10 Comments addressed

No 1 l Theconceptofzones is introduced

only

for the convenience of field counts irrelevanttodistributionpattern ifanyofthe

parking

lot The

parking

lot is

permitted

for

parking

ofalltenantsand

costumersofthe El Camino Plaza Our observation found that

parking

spacesareavailable within reasonable

distances

on

site

at

anytime

during

ourfield surveys

indicating they

can

adequately

servetheusefor which

they

areintended

No 12 Total

parking

lot is verifiedfor484

parking

spaces basedonactual conditionson

Feb 27

2009 Tlae

Study exhibits

and

appendix

arerevised

accordingly

Forcomment notlisted

above please

seeresponses fromthearchitector

project

owners

if there areany

questions please

feel free to call

Kay

Hsu Traffic

Engineer

at

714

832 2t 1b

K2 TraicEngineeringlnc

14421rvineBlvd Suite 235 TustinCA 9278D Tel 7148322116 Fax 9492665875 Email k2trafIicrnailcom

(15)

L

1C2 TRAFFICEN6INEERIN6 Inc rG ui ci iis iuoudarii wMay

8 2009

Yoshi

Inaoa Cream Pan Bakery

600

El Camino Real Tustin

CA

92780 Re

Shared Parking

Study for

CreamPan Bakery

E

Camino Plaza

Tustin

Dear

Yoshi

Per

your request we have conducted a shared parking

study for

the proposed

expansion of

Cream Pan Bakery

in

El Camino Plaza This letter presents our methodology

and

findings

in

regards

to

theadequacy

of

parking

spaces

EXISTING

CONDITIONS El

Camino Plaza issituated atthesouthwest cornerofEl Camino Real and 6

Street

in the City

of

Tustin Existing

tenants

atthe plaza

include

Bally

Total

Fitness

Curtain

Call Dinner Theater

restaurants

retail stores and offices At the time of survey there are only

three

vacant unit Suite

632C 668B and

702

The

tenant information

canbefound in Appendix

A

PROJECT

INFORMATION The

Cream Pan expansion

will

reclassify

Cream

Pan toarestaurant use by

adding the

neighboring

vacant

unit 1

000 square

feet

to

the existing

restaurant

3

000 square

feet

Upon completion of

the expansion

the

proposed

bakery cafe will

occupy

the entire existing

building of

4000 square feet The proposed

project also

plans

to

extend its businesshours to0 pm currently

open

from 7 a mto4p

m E

MAY

2 0 2009 CQMMUNI7Y

pVEgPMhrfIPT

(16)

SharedParking Study forCrecrmPanBakery El CaminoPlaza Tustin

PARKING

REQUIREMENTS

May 82009 Page2of3

According

to Ordinance No 1354 of the

City

of Tustin offstreet

parking

is

required

forrestaurants atthe ratioofone space far each 100 square feet of gross floor area The restaurant

expansion

should

require

ten

10 parking

spaces With consideration of the

existing

business

operation

the

proposed project requires

ten

10

additional

parking

spaces for

its

currentbusiness hours between 7 amand 4 p

m

forty 40

additional

parking

spaces for its extended business hours between 4 p

m and 10 pm The

project parking

demandsareshown in Table 2

Table 2 Project Parking Demand

Parkin S ace

Cream PanBakery Restaurant

Ex ansion

Cream Pan

Bakery

Existin Gafe Tota

GFA 1000s ft 3000 ft

Land Use Restaurant Restaurant

Parkin Ratio 1 s ace 100s ft 1 s ace 100s ft

7AMto4PM 10 0 10

4 PM to 10 PM 10 30 40

A fullcalculation for

parking requirement

of all tenantsis

provided

in

Appendix

A

SHARED PARKING ANALYSIS

Shared

parking analysis

includes a field survey of actual usages at the

existing parking

lotThis fielddatais usedtoevaluate the

adequacy

ofthe

parking supply

to accommodate

existing

and future

parking

demand The field surveys were

performed

on anormal

non holiday Friday

and

Saturday

totake intoaccountboth

weekend and

weekday parking

demands Parked vehicles were counted

by

K2

Traffic Engineering

Inc in the

parking

lot every 15 minutes for

eight

hours

each

day

on

February 27

2009 and

February 2

2009 The

existing parking

lotwas

subdivided into fiveareas for the convenience offield observations As shown on

(17)

Sl ar

edParkingStudyfvrCreanr Pun 73akery Mayb 2009

El Camino Plaza Tuslin Page 3of3

Exhibit

1 parking

areas are used for the convenience of field counts irrelevant to

distribution

pattern

ifanyofthe

parking

lot At the tine of field

observation

our actual countstotaled 484

parking

spaces

Toaccountforvacant

units

the

study applied

the

parking

ratio ofone space for 25U squarefeet for retailoffice useTherearethree vacant

units

a total of

3 06

square

feet requiring

thirteen

13 parking

spaces Vacant units and

existing

tenant

parking combined

the

peak parking period

occurs at700 pmon

Friday using

330

parking

spaces and at 745 pmon

Saturday using

260

parking

spaces The field data canbe found in

Appendix

B The result ofthe surveyis illustrated in Exhibit2

toShaw

hourly

accumulations

SUMMARY

Our field survey has shown that there are 154 and 224 available

parking

spaces within the El Camino Plaza at the

peak parking period

on

Friday

and

Saturday respectively

The

project

demand of

arty 40 parking

spaces can be

adequately provided by

the available

parking

spaces

Regards

K2

Traffic Engineering

Znc

R FEg pH

p Y NSA W yc

T2 2 5 m

Jende

Kay Hsu P E

CE E

ir

State Licensed C63558 TR22f5 hr

Exhibit 1 2 appendixA B

Q a0F ESS pN Q4 PY NSA q

c No 63 58

c

Exp 3 v k

K2 TrafficEngineering Inc

1442 IrvineBlvd suite235 TusiinCA 9278U r7148322116 F9492665875 ImaiLk2trafficitgruailcom

(18)

SIXTH ST

PROPOSED EXPANSION BY CREAM PAN

I

r 1 II

1

t

2 E 102

CREAMEXISITINGPAN

j

EXISfRNG BAKERY CAFE

BUILDING jw

j

ri 12

b

ExlsmNC

J

o BUILDING

c

C 99

i

20 20 EXISffiNG i

3

J

BUILDING w

r i

r

l i

O

I

ICI I

6

f EXISRING

EXISTING BUILDING

BUILDING EXISITING BUILDING

i

i

B 14

A

Y

PARKING AREA X PARKING SPACES

a

NORTH NOT TO SCALE 1TOTAL PARKING 484 SPACES BASED ON ACTUAL COUNTS ON FEB 27 2009

2 LAYOUTS ARE SHOWN APPROXIMATE ONLY THIS IS NOT AN ASBUILT PLAN

3 PARKING AREAS SHOWN HERE ARE FOR THE CONVENIENCE OF FIELD COUNTS EI Camino Plaza ParkingStudy

IRRELEVANT TO DISTRIBUTION PATTERN IF ANY OF THE PARKING LOT

PARKING LAYOUT

K2 TRAFFIC EJVGJAlEERJNG EXHIBIT 1

(19)

w 0 a N

6

m

a i

v

N

co

a

0 c

m

U w

Wd

00 04

Wd sb6

d

Wd 06

r

wd s46 Wd 006 Wd sti8

sc

Wd OEB

G

Wd s48 Wd 008 Wd 9iL Wd 0L Wd 841 Wd 001 Wd sti9 Wd OE9 Wd s49 Wd 009

E

Wd s8 Wd 0s Wd s4s Wd OOs Wd 9i Wd Db Wd s4 Wd OOb Wt OE4 W 944 Wb00 4 W

diZ4

Wd DZ4 Wb s4 Z4 Wb OOZ4 Wd 94 4 Wb 0 4 4

mad PAY M N N O

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edg 6ued

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