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O 420 C.S. , 1 5 amINJINCE NO. 420 C.S. J\N amItwfCE OF 'DIE ern <XXJNCIL OF 'DIE CI'lY OF ARRCYO GRANDE JltmIDING 'DIE zaurtJ MAP 1\ND 'DIE zafING amINANCE BY amNGING 'DIE ZCIiE DESIGHA'l'ICti pm CER'l'AIN PROPER'l'Y Cti FARROLL AVENOE IN 'DIE CI'lY OF ARRCIXO GRANDE ~ PD (PLANNED DEVELOl'HE1I'l') 'l'O R-1-PD (SINGLE FAKILY RESIIE'll'IAL-PLANNED DEVEt.Ol'MEN'l') 1\ND APPROI/'ING 1\ND ADOPl'ING A DEVELOl'HE1I'l' PLAN. WHmEI\S, The City Council of the City of Arroyo Grande has held the required public hearing at its regular meetings of Novenber 14, 1989, January 23, 1990, February 13, 1990, February 27, 1990 and March 13, 1990 to consider a proposed ordinance approving PD Rezone Case No. 89-217 and a developnent plan; and ~, The proposed ordinance was reviewed in carpliance with the requirements of the california Environmental Quality Act (~), and the City Council finds that the project would result in no significant effect on the environment "- provided that mitigation measures are i.nv?lemented, and therefore, the adoption of a Negative Declaration is appropriate; and WHmEI\S, The proposed ordinance was fotmd to be consistent with the General Plan; and WHmEI\S, after due study and deliberation, the City Council finds that the public interest and general welfare does require such an amendn'ent; and WHmEI\S, the City Council finds, after due study, deliberation and public hearing, the following circumstances exist: 1- The proposed zone change and developnent plan is consistent with the General Plan designation of low density residential (0.2-4.5 dwelling units per acre), as the applicant is proposing a density of 3 dwelling uni ts per acre; 2. The subject site is adequate in size and shape by itself to accannodate the reasonable requirements of residential developnent; 3. The proposed zone change and developnent plan is reasonable and beneficial at this time to serve the city because the applicant will build the extension of Oak Park Boulevard, and adequate services are available to serve the project; 4. The proposed zone change and developnent plan would not adversely affect the surrounding property because it is consistent with the adjacent uses and densities; 5. '!'he project should not have an adverse inpact on the environment provided the mitigation measures are adopted and i.nv?lemented; 6. The adverse inpacts on traffic shall be mitigated by the applicant paying to the City a traffic mitigation fee as set forth herein below and by the provision of traffic i.nv?rovements as set forth herein; 7. Any adverse ill1?acts on air quality are mitigated by the provision of alternate access as set out in paragraph 22 of Section 6, Subsection D herein below and by the landscaping conditions set forth herein; ~ 8. The adverse inpacts on water are mitigated by the reduction in danestic water demand for this project as set out in paragraph 9 of section 6, Subsection A, herein below; and 9. The proposal will produce a desirable and livable community. .. lfCH, ~, 'DIE CI'lY <XXJNCIL OF 'DIE CI'lY OF ARRCYO GRANDE DOES amAIN AS FaLLCRS: Sectim. 1- 'l'hat the above statements constitute the findings of the City Council in this matter. 1 ---" 1 I) Section 2. That the zoning map of the City of Arroyo Grande be arrended, on that property identified as Lot 14 of PiSlOO Beach Gardens, in the City of Arroyo Grande, County of San Luis Obispo, State of California, also known as J\PN 77- 251-04, as shown on "Attachnent A" attached hereto, fran PD (Planned Development) to R-1-PD (Single F~ly Residential-Planned Development). Section 3. That the zoning ordinance is amended to establish the development standards for this property as follows: development standards, including, but not limited to, setbacks, lot coverage, and building height requirements shall be as set forth in Section 6, Conditions of Approval, of this ordinance. In the case of development standards that are not listed in Section 6, those development standards incorporated in the R-1 zone, Municipal Code Sections 9- 4.601 through 9-4.612, attached hereto as "Attadment B" shall apply. SeCtion 4. That the development plan subnitted by the project applicant is conditionally approved and adopted subject to the conditions of approval set ,-\ fourth in section 6, herein below. Section 5. A Negative Declaration with mitigation measures is adopted for this ordinance and the City Clerk is instructed to file a Notice of Determination. Section 6. Conditions of Approval A. Mitigation Measures All mitigation measures as outlined in the conditions of approval shall be ilTPlemented and monitored by appropriate City departments and other responsible agencies. Verification in writing that the mitigation measures have been ilT1?lemented shall be provided by the monitoring department. 1- In the event that during grading, construction or development of the project, archaeological resources are uncovered, all work shall inmediately be halted until the City has reviewed the resources for their significance. Additional archaeological studies, which will be paid for by the applicant, may be required. Additionally, any construction plans shall be referenced to this c~ition. Monitoring Department: Planning Department Time Frame: Prior to issuance of permits and during construction. 2. Prior to recordation of the final map, the developer shall enter into an agreement with the Ci ty, in a form approved by the Ci ty Attorney, whereby the developer agrees on behalf of himself and his successors in interest, to pay the City a fee of Two Thousand Six Hundred and Fifty Six dollars ($2,656) per residential unit for traffic mitigation. This fee shall be paid for .each residential unit, prior to issuance of each building permit or within five (5) years of recordation of the final map, whichever is sooner. In the event that the City should adopt a method of funding traffic mitigations which shall include assessment of lots in tract 1769, the fees provided for herein shall be credi ted against the principal amount of the assessment. Monitoring Department: Planning Department ""'" Time Frame: Prior to recordation of the final map. , ! 3. The developer shall construct a solid fence, six feet ( 6 ' ) I high,along the entire eastern boundary of Dixson street and the eastern property lines of lots 20 and 30, except that portion of lot 30 within the required street setback, wherein the fence shall not exceed three feet (3') in height. Monitoring Department: Planning Department Time Frame: Prior to final acceptance of tract ilT1?rovements. 4, The developer shall notify potential buyers of lots within the development of the consequences of existing and potential agricul tural operations on adjacent parcels, including but not limited to dust, noise, odors and agricultural chemicals. Monitoring Department: Planning Department Time Frame: Prior to Recordation af the final map the applicant shall sul:rnit a draft copy of the White Report showing implementation af this mitigation measure. 2 ,._----~ - 17 ,. 5. Farroll Avenue shall be iIrproved to at least 1/2 width section to conform with Farroll Avenue inmediately west of Bakeman Lane and east of st. John Circle. Centerline striping shall be provided. Monitoring Department: Public Works Department Tine Frame: Prior to final acceptance of tract iIrprovElllellts. 6. Farroll Avenue shall be red curbed for 50 feet on either side of its intersection with Oak Park Boulevard. Mmitorinq Department: Public Works Department Tine Frame: Prior to final acceptance of tract in;>rovElllellts. 7. stop signs shall be provided on Dixson street and Noe street at their intersection with Oak Park Boulevard. A stop sign shall be provided on Oak Park Boulevard at its intersection with Farroll Avenue. Monitoring Department: Public Works Departm:slt "- Tine Frame: Prior to final acceptance of tract iJlllrovElllellts. 8. A one foot (1') access denial strip shall be required on all lot frontages adjacent to Farroll Avenue and Oak Park Boulevard. Mcni toring Department: Public Works Department Tine Frame: Prior to recordation of the final nap. 9. The applicant shall fomulate a water conservation program to be approved by City Council prior to recordation of the tract nap. The program shall include provisions, which, when ill1?l EIIIeIlted , will reduce danestic water deIrand by 300\ of the estinated water demmd for Tract No. 1769. The estinated demmd for Tract No. 1769 (for purposes of calculation) shall be .5 acre feet per dwelling unit per year. This conslllQ?tion is based upon lot size, location and projected land use for this subdivision. The reduction can be gained fran conservation programs to be included both on and off- site within the City of Arroyo Grande water service area. Mmitoring Department: Public Works Department Tine Frame: Prior to recordation of the final nap B. General Conditions 10. The applicant shall ascertain and carply with all state, County and City requirElllellts, as are applicable to this project. 11. Developnent shall occur in substantial confornance with the plans presented to the City Council at the meeting of March 27, 1990 and narked "Exhibit A". C. Planning Department Conditions 12. Developnent shall conform with the R-1 zoning requirElllellts, unless otherwise approved. 13. The developer shall construct wocxi fences with slurp stone pillars along Oak Park Boulevard, and Farroll Avenue. Said walls shall be a maxinun of six (6) feet high and all block shall be treated to resist graffiti. The fences shall be reduced in height to three ~ feet (3' ) within twenty feet of the intersection of Oak Park . Boulevard and Dixson and Noe streets. 14. The street section for Oak Park Boulevard shall have a 100 foot wide right-of-way with a twenty foot center median, two 32 foot wide travel lanes and eight foot (8' ) wide sidewalks with curb and gutter. A six foot (6') wide public utility and street landscape .. easElllellt shall be provided behind each sidewalk. The applicant shall landscape the median strip and the street landscape easElllellt. 15. A final landscape plan and full coverage autCJIBtic irrigation plan shall be provided for review and approval and installed prior to final acceptance of tract in;>rovElllellts, subject to the approval of the Planning Department and the Parks and Recreation Department. 3 18 Tree staking, soil preparation and planting detail shall be shown in the final plan. Water conservation design and rraintenance and drought tolerant landscape plantings shall be incorporated wherever feasible into the final design of the landscape and irrigation plans for the site. Plans shall be prepared by a licensed landscape architect. 16. Drainage basins, !redian strip and street landscape easement shall be landscaped by the applicant prior to final acceptance of tract improvements. 17. The applicant shall provide for street lighting on all streets wi thin the tract to the satisfaction of the Public Works Director and the Police Department. 18. All utilities shall be placed underground. '""" 19. The applicant's project engineer, Parks and Recreation Director and Public Works Director shall meet to determine the location, and rraintenance of the proposed retaining basins prior to recordation of the final rrap. If the resul t of the meeting modifies the tentative tract rrap the applicant shall be responsible for refiling amended tentative tract rrap. 20. The CC&R's shall stipulate that the houses constructed on Lots 1 through 9 shall be limited to single story construction, and shall not exceed 15 feet in height above the natural grade of the lot. 21- The minimum rear yard setback for Lots 3 through 9 shall be 15 feet. D. Public Works Department conditions 22. The Developer shall design and construct terrporary access to Soto Park Ccrnplex. The developer shall also design the final access considering median design for traffic on Oak Park Boulevard, 23. Pumps for sewer lift station shall be sized for present flow but wet well and sewer rrains shall be sized for future flow. The developer shall extend sewer rrain to the northerly tract boundary. 24. The lots designated drainage basin for Tract 1769 shall be designed to carry improvement water for the tract. E. Fire Department conditions 25. Fire hydrants shall be placed in the locations listed below: a. Oak Park Boulevard and Farroll Avenue b. Southwest comer of Oak Park Boulevard and Noe street c. Lot #9 on Noe street d. Lot #20 on Dixson Streets e. Lot #29 Dixson Street Fire flows to be 1250 GFM (gallons per minute) at 20 pounds residual I pressure. 26. All streets shall be paved and water supply shall be tested and approved prior to delivery of ccrnbustibles to the properties (concrete forms exerrpt). 27. The applicant shall provide a minimJll'l turn around radius of 35 feet at the end of Dixson Street. As an alternative, the applicant may provide a hamner-head turn around to the satisfaction of the Fire Department. F. Parks and Recreation Department conditions 28. The developer shall meet all park developrent requirements fees or land in lieu. 29. The developer shall meet all requirements for city street tree fees or plantings, 4 -----. ----- 1 9 30. The developer shall construct a masonry wall on the property line separating the Soto Sports Complex from houses. The wall shall be treated on the City side to resist graffiti. 31. Design of median to be coordinated between City of Arroyo Grande and Grover City by a licensed landscape architect. Autanated irrigation system planting plan, curbs stanped concrete similar to Oak Park Boulevard and James Way. .. Section 7. This ordinance shall be in full force and effect thirty (30) days after its passage; and within fifteen (15) days after its passage, it shall be published once, together with the names of the City Council Members voting thereon, in a newspaper of general circulation within the City. On IOOtion by Council Member Dougall, seconded by Council Member Smith, and by the following roll call vote, to wit: AYES: Council Members Dougall, Smith, Mx>ts, Olsen and Mayor Millis NOES: None ~ AI3SENl' : None the foregoing ordinance was adopted this 1 Othday of April 1990. ~~ ~Jd~ MARK M. MI S, MAfo ATTEST: ~ (). ~~W~J NANCY A. DJ\: S, CITY CLERK APPROVED AS TO FORM: : cmus CITY MANAGER . I, NAN:::Y A. Dl\.VIS, City Clerk of the City of Arroyo Grande, County of San Luis Obispo, State of California, do hereby certify under penalty of perjury that the foregoing Ordinance No. 420 C.S. is a true, full and =rrect =py of said Ordinance passed and adopted at a regular rreeting of said. Council on the 10th day of April, 1990. WITNESS' my hand and the Seal of the City of Arroyo Grande affixed .~ this .17t;h day.of April, 1990. - CI~a. ~~~ i '- 5 .. ---' ..., .~ . I : __ I : - _ ' t I I I I .- tIIo ._\..J... I t I It: " : :. 1 I I ~ __a, I , It I I I : . I ......1......: ..,. ,. I .....-.. It t f I "" ~ ....r-...'~ . . I "f1 I r", . J. t I . ".)""1-."" ','.' I L " . ,,-,-.,..;. .. r' " 'J.. I : : I I ~ . ~ ... . I ' . , : : t I ,.._'L._J..."') , , / . ' , . 10 .. ".. I , , '......,.' ~J. ...~,.. ft'.. ...I.' I I' .. 'f -- .;, CI: ~Oll 'YI , ---".--L-_.J_l.t;. , .-'''-'. -----' . ' . .~..,~\ If I ". I I tit. T:--",' / ~ ~.... ... 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Access .<R::A1 When a lot in the Residential Agricultural' (R-A) District abuts upon an alley, the entrance to the garage or off-street parking space having access from the alley shall be located not less than thirty feet (30') from the opposite side of such abutting alley. (Ord. 24 c.s., eff. February 27, 1969) ~ 9-4.511. Optiona1 D~ BOO 1rmrovement StnndllJ'd!l 1R::A). When a development in the Residenti81 Agricultura1 (R-A) District. has been approved by the Carrnission under the Optional Design aOO Introvement Standarm of the subdivision provisiom, such approved building sites, coverage, and y~ under such plan shall be considered as the requirements of this chapter. COrd. 24 c.s., eff. February 27, 1969) '- ~ 9-4.512. Off-street oorking req\lired lR-A). The provisiom of Article 26 of this chapter shall apply in detennining the amount of par~ space to be provided for each use in the Residential Agricultural (R-A) District. The par~ s[>/100s shall be improved as set forth in Article 26 of this chapter. COrd. 24 C.s., eff. February 27, 1969) Sec. 9-4.601. Purooc;e (R-I). '--' The Single-Fomily Residential (R-l) District is intended as an area for single-fomily hanes, with approximately four (4) such hanes per acre aOO with not more than one dwelling and ClStcmary accessory buildings upon anyone building site. (Ord. 24 c.s., err. February 27, 1969) ~ 9-4.602. ~ pennitted {R-H. The following mes shall be pennitted' in the Single-Family Residential (R-l) District: (a) Single-fomily ~~, one per building site; aOO (b) Mobile hanes subject to the pJ:Ovisiom of Section 9-4.2405.1 of Article 24 of this chapter. COrd. 24 c.s., eft. February 27, 1969, as amended by Sec. 1, Ord. 248 c.s., eff. August 13, 1981) -..... 99 Reprint No. 26 (9/18/81) ~ '. ------ Ordinance 420 e.s. 22' 9-4.603 9-4.604 '" Sec. 9-4.603. ~ pem1ittcd subject 1R obtainil1g' II. mg, oennit (R-1J. The fo]Jowi~ uses shall be pem1itted in the Si~le-Family Residential (R-1) District subject to obtaining a \Be pennit in each case: (a) A second single-family dwelling where, prior to January 28, 1969, a single-family dwellillt exists on the rear one-half (1/2) of the lot. The minimun distance between the front and rear dwe~ shall be twenty (20') Ceet. If approved, no further land division shall be approved, and the applicant shall record 0. deed restriction to this efCect; (b) Churches, public and parochial schooJs, perks, playgrolll\<B, and putiic utility and public buildings and uses, excludillt corporation and service yards; (c) Condominiwrs and similBr type developments when the requirements oC Section 9-4.611 ""'. or this Article ore met; (d) AcCr!SSOr'y buildings used os guest I'OOIT6 provided no cookillt Cacility is installed or maintained, and except where there is an existi~ second residential unit; (e) Public or private perkillt lots Cor autaroblles when contiguous to any C, p-c, H-S, or M District and when fenced and landscaped to the approval oC the CormJi&gon; and (f) F.F .A., 4-H, or similar organization small aniJTIIl and Cowl projects (see Article 31 of this chapter). /" (g) Second dwcllir€ units os provided in Article 40 of this chapter. (Ord. 24 c.s., ert. February 27, 1969, os emended by Sec. 2, Ord. 76 c.s., eff. January 11, 1973; and Ord. 311 c.s., ert. May 11, 1984) Sec. 9-4.604. Accessory buildings l!lI9. ~ oennitted {R-1J. Acceswry buildings and uses shall be pennitted in the Single-Family Residential (R-l) District os follows: (a) Accessory buildings, only if comtructed simultaneously with; or sublequent to, the main buildillt on the some lot; (b) Accessory uses nonnally incidental to single-family residences. This is not to be construed os pem1ittir<< any conmercial use. (Ord. 24 c.s., eff. Februnry 27, 1969, os emended by Sec. 1, Ord. 324 c.s., erf. May 23, 1985) Sec. 9-4.605. Moxinun allowable hei~ht !&JJ. The II1!IJdnun allowable height in the Si~Ie-Family Residential (R-l) District shall be os follows: (a) Main b"i1dinP!;. TY.o (2) stores, not to exceed thirty feet (30'); and (b) Accessory buildings., Fourteen feet (14'). (Ord. 24 c.s., ert. FebMJary 27, 1969) - 100 Reprint No. 35 (12/l/85) l I - -- ._-~..~~~ Ordinance 420 c.s23 See. 9-4.606. Mininun building ~ !ID!1!2.t. wid!h required (R-l). -',", 'The minim.un building site and lot width required in the Single-Family Residential (R-l) ''"-' District, W1less the Optional Design and Improvement Standards are used as set forth in Section 9-4.611 of this article, shall be as follows: (a) MinilTlJlT1 buildilll! site. Six thousarxI (6,000) square feet of lot area for residential uses 8/\d 20,000 square feet for churches 8/\d other public uses; (b) Minim.un lot width. Sixty feet (60') for residential ',- -, " -..- : , ,. 101 Reprint No. 35 (12!1/85) '- " -, -'-~-- Ordinance 420 C.S. 24' 9-4.606 9-4.6..Q1 - wes and 100 feet for churches and other public uscs; and (c) MininmI M depth. Ninety feet (90'). (Orel. 24 c.s., efC. February 27, 1969) ~ 9-4.607. Maximum buildinlr aili:. roverllt!c ~ buildings Qt stMictures, (R-l). The maximum coverage of a lot by all structures pennitted in the Si~le-Fomily Residential (R-l) District shall not exceed forty percent (40%) of the lot area; provided, however, any covered patio structure which is used solely for gcncral open use shall not be counted as a stnicture in ascer~ coverage, nor shall swimni~ pools be counted; and provided, further, patios and swimri~ pools shall be located a minimum of five feet (5') from the side or rear '1 property line and fifty fcet (50') from the front property line unless a use pennit is obtained approvi~ a lesser setback. The coverage of the rear yard by a covered patio or any structure shall not exceed thirty percent (30%) of the required rear yard. (Ord. 24 c.s., eff. February 27. 1969) - '1-- I 102 Reprint No. 6 (6/16/71) _____,_u,______ Ordinance 420 C'ZS 9-4.608 9-4.608 " '-' ~ 9-4.608. Mininun ~ ReQUired ("R-l"). MinimJm yards required in the IIR-l" District, unless otherwise required in Article 25, of this chapter, establishir<< buildir<< lines, or unless Optional Design StllndL11'(5 have been used as set out in Section 9-4.611 shall be as follows: (a) Emnt Xm:sI. Each lot in the "R -1" District shall I1ave a front yard extending (except for access drives and wolks) acl'05S the fun width of the subject property of a depth of not less than twenty feet (20'); provided, however, that the Planning Director may require staggering of setbacks, with a variation of three feet (3') from setback lines. In no case shall a setback of less than seventeen feet (17') be allowed, except on cul-de-sac, where the Planning Director may approve a setback of fifteen feet (15') as a pB1't of a total development plan. .1.,... Except for access driveways and walks, there sholl be no structures located in the required front Y&ral, or in the required side yards abutting a street. No boat or trailer shall be kept in said front yard when the property has an adequate side yard pro~ access to the rear yard, then said boat or trailer may be kept in said side or rear yardj nor shall it be permitted to disnantle, repair or keep any disabled vehicles in this front or side yard or driveway; nor shall storage of any material be permitted. .---- (b) ~ Xm:sI. There shall be a side yard on each side of the lot, extending from the front yard to the rear yard, of not less than five feet (5') of an interior lot line. A corner lot shall have a side yard abutting the street of not less than ten (10') feet. (c) 1Wlt Xm:sI. Each lot shall have a rear yard extending acl'05S the full width of the 10t of not less than ten feet (10'), provided that a minimJm of fifteen hW!dred (1500) square feet of open area is maintained to the side or rear of the main building or in any ell or .. "u" designj otherwise, twenty feet (20') shall be required. Accessory buildings are pennitted in the rear yard. Any rear yard' covered by structures shall be replaced e1sewhere on the lot, exclusive of required yard areas. No JOOre than one (1) wrecked, di!rnantled, inoperative or disabled vehicle shall be stored or be under repair in a rear yard. AU such vehicles remaining in a rear yard rrore than ninety (90) days shall autanatically constitute a nuisance and may be abated under Section 4-11 of the MW\icipaI Code. AU such vehicles creating a nuisance as defined by Section 4-11 and other provisions of the MW\icipaI Code may be abated at any time and prior to the foregoing ninety (90) day provision. COrd. 24 C.s., eff. Februal-y 27, 1969, as amended by Ord. 327 c.s., eft. May 23, 1985) (d) Satellite !!IN QWb. Antenn8S. The installation of Satellite or other Dish Antennas shall be prohibited in any required front or side yards or on any roof areas. Said Satellite or - 103 Reprint No. 36 (12/30/85) .~ \-. --~ ----'- " , Ordinance 420 C.S. '2'6 . 9-4.608 9-4.612 .. ,. other .Dish Antennas shall be pennitted in rear yaros only. and shall not be greater than twelve feet. (l2') in total hcigh~ abovcthe natural grade. (Ord. 331 c.s., eff. July 11, 1985) ~ 9-4.609. Fcnces!lll9. rl~ ("R-1"). Fences and walls are pennitted but not required in the "R-l" District. Such fences and walls shall not exceed six feet (6') in height, and where the some are located in the required front yard or side yard abutting the street, the some shall not exceed three feet (3') in height. COrd. 24 c.s., err. February 27, 1969) -- ~ 9-4.610. Access ("R-l"). Access in the "R-l" District shall be os follows: When a lot abuts upon an alley, garages ha~ vehicular access from the alley shall be located not less than thirty feet (30') from the opposite side of such abutting alley. (Ord. 24 c.s., eff. February 27, 1969) S!:s.. 9-4.611. Qotional ~il!n I\D!1 JJrorovement Standards ("R-l"). When 8 dcvelo{Jmcnt hos been approved by the Planning Carmission undet. the Optional .. Design and Jrnprovement StandarOs of the Subdivision Provisions in the "R-l" District, then sueh approved building sites, coverege and yllJ'do; under such plan shall be considered os the requirements of this chapter. (Ord. 24 c.s., eff. February 27, 1969) ~ !1-4.61t. Mininun Off-Street Pnr~ Reouired ("R-l"). Off-w-ect parking rcquirements in the "R-l" District shall be os follows: The provisiom of Article 26 shall apply in dete~ the amount of parking space that II1JSt be provided for each use. The parki~ space shall be iIr(>roved os set forth in said article. (Ord. 24 c.s., eff. February 27, 1969) l- , i 104 Reprint No. 36 (12/30/85) ~,-,'-'-'-- ordinan= '.-- w' , \ \\ . ",.~r'J.~T"~1- . , '" I . I )- 01 "....,~ 1~'.' -.0 .......,,~ "- - ~~ 1,0 ~0 \0 , 0 . , .. . 51._ 'I..,j?:: , \ .~-. . 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