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RESOLUTION NO. 1781
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ARCADIA, CALIFORNIA, GRANTING CONDITIONAL USE PERMIT NO.
CUP 08-08 WITH A PARKING MODIFICATION TO AllOW THREE (3)
EATING ESTABLISHMENTS AND/OR RESTAURANTS WITH A
COMBINED TOTAL FLOOR SPACE OF 4,427 SQUARE-FEET AND A
COMBINED MAXIMUM OF 124 SEATS WITHIN THE EXISTING 5,934
SQUARE-FOOT COMMERCIAL BUILDING ADJACENT TO THE NORTH
SIDE OF THE ALBERTSON'S SUPERMARKET AT 288 E. LNE OAK
A VENUE.
WHEREAS, Conditional Use Permit application no. CUP 08-08 was filed by Sam Ahn
on July 21, 2008 to allow three (3) eating establishments and/or restaurants with a combined total
floor space of 4,427 square-feet and a.combined maximum of 124 seats within the existing 5,934
square-foot commercial building adjacent to the north side of the Albertson's supermarket at 288
E. Live Oak Avenue; and
WHEREAS, pursuant to the provisions of the California Environmental Quality Act,
Public Resources Code Section 21000 et seq. ("CEQA") and the State's CEQA Guidelines, the
City of Arcadia prepared a Preliminary Exemption Assessment and determined that the proposed
project qualifies as a Class 3 Categorical Exemption under Section 15303(c) of tbe CEQA
Guidelines as a conversion of existing small structures from one use to another; and
WHEREAS, a duly noticed public hearing was held by the Planning Commission on
September 23, 2008, at which time all interested persons were given full opportunity to be heard
and to present evidence.
NOW, THEREFORE, THE PLANNING COMMISSION OF:THE CITY OF ARCADIA
HEREBY RESOLVES AS FOLLOWS:
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SECTION 1. That the factual data submitted by the Development Services
Department in the attached report is true and correct.
SECTION 2. This Commission finds:
1. That the granting of Conditional Use Permit No. CUP 08-08 with a parking
modification to allow three (3) eating establishments andlor restaurants with a combined
maximum of 124 seats will not be detrimental to the public health or welfare, or injurious to the
property or improvements in the zone or vicinity.
2. That the use applied for at the location indicated is properly one for which a
Conditional Use Pennit is. authorized.
3. That the site for the proposed use is adequate in size and shape to accommodate said
use, and all yards, spaces, walls, fences, parking, loading, landscaping and other features required
. to adjust said use with the land and uses in the neighborhood.
4. That the site for the proposed use abuts streets and highways adequate in width and
pavement type to cany the kind of traffic generated by the proposed use.
5. That the subject property is designated for commercial uses in the General Plan, that
the proposed use is consistent with that designation, and that the gr~ting ~f the Conditional Use
Permit will not adversely affect the comprehensive general plan.
6. That the determination of the proposed project as a Class 3 Categorical Exemption
is appropriate and that based upon the record as a whole, there is no: evidence that the.proposed
project will have any potentially adverse effect on wildlife resources or the habitat upon which
wildlife depends.
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1781
SECTION 3. That for the foregoing reasons this Commission grants Conditional
Use Permit No.. CUP 08-08 with a parking modification to allow three (3) eating establishments
andlor restaurants with a combined total floor-space of 4,427 square-feet attd a combined
maximum of 124 seats within the existing 5,934 square-foot commerdial building adjacent to the
north side of the Albertson's supermarket at 288 E. Live Oak Avenue, subject to the following
conditions:
1. The use approved by CUP 08-08 is limited to the thre~ (3) eating establishments
andlor restaurants that shall be operated and maintained ina manneI'that is consistent with the
proposal and plans submitted and approved for CUP 08-08.
2. A parking modification shall be granted for 266 parking spaces in lieu of328 spaces
required.
. 3. The combined maximum seating capacity for all three (3) eating establishments
and/or restaurants shall not exceed 124 seats.
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4. Hours of operation shall be limited to between 7:00 a.m. ,to 10:00 p.m. daily.
5. Deliveries, pick-ups, and outdoor maintenance activities shall adhere to the
condition of approval of CUP 93-08; where such activities are prohibited between the hours of
10:00 p.m. and 7:00 a.m.
6. Sales of alcoholic beverages for on-premises consumption by any of the three (3)
eating establishments andlor restaurants shall require a separate approval through the Conditional
Use Permit process.
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1781
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7. There shall be no outdoor dining facilities for these eating establishments and/or
restaurants unless a separate Incidental Outdoor Dining Perinit has been applied for and approved
by the Community Development Administrator.
8. All of the three (3) eating establishments or restaurants shall comply with the
following conditions to the satisfaction ofthe Fire Marshal:
. a. An eating establishment or restaurant with a seating capacity of 50 or more people
shall have at least two (2) emergency exits, and if deemed necessary by the Fire Marshal, a
separate assembly permit must be approved by the Fire Marshal.
b. The kitchen's automatic fire suppression systems of the eating establishments or
restaurants shall be interconnected with the building's fuealarrn system.
c. Any required fire sprinkler modifications shall bepenormed under a separate
e permit.
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9. The property owner and/or applicant shall install a new curb-cut ramp to provide the
shortest path-of-travel distance to and from the accessible-parking spaces and the subject
commercial spaces to the satisfaction of the Building Official.
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10. Separate water meters shall be provided for each tenancy subject to the satisfaction
of the Public W orksServices Director.
11. All City code requirements regarding accessibility, fire protection, occupancy,
public health, and safety shall be complied with to the satisfaction of the Building Official and/or
Fire Marshall.
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1781
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12. Approval of CUP 08-08 shall not take effect until the property owner(s), and
applicant have executed and.filed the Acceptance Form available from-the Development Services
Department to indicate awareness and acceptance of these conditions of approval.
13. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and
its officers, employees, and agents from and against any claim, action, or proceeding against the
City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval
or condition of approval of the City of Arcadia concerning this projeqt and/or land use decision,
including but not limited to any approval or condition of approval of the City Council, Planning
Commission, or City Staff, which action is brought within the time period provided fot in
Government Code Section 66499.37 or other provision of law applicable to this project or
decision. The City shall promptly notify the applicant of any c1~m, action, or proceeding
. concerning the project and/or land use decision and the City shall cooperate fully in the defense
of the matter. The City reserves the right, at its own option, to choose its own attorney to
represenUhe City, its officers, employees, and agents in the defense of the matter.
SECTION 4. The Secretary shall certify to the adoption[ofthis Resolution.
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Chairman, Planning Commission
ATTEST:
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Sec ary, Plannmg Comnusslon
APPROVED AS TO FORM:
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Stephen P. Deitsch, City Attorney
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1781
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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF ARCADIA
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I, JAMES M KASAMA, Secretary of the Planning Commission of the City of
Arcadia, hereby certify that the foregoing Resolution No. 1781 was passed and
adopted by the Planning Commission of the City of Arcadia, signed by the Chairperson
and attested to by the Secretary at a regular meeting of said Planning Commission held
on the 14th day of October, 2008 and that said Resolution was adopted by the
following vote, to wit:
AYES:
Commissioners Baerg, Hsu and Parrille
NOES:
None
ABSTAIN: Commissioners Baderian and Beranek
e Planning Commission
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STAFF REPORT
Development Services Department
September 23. 2008
TO:
FROM:
Arcadia Planning Commission
Jim Kasama, Community Development Administrator
By: Jennifer Turcios, Assistant Planner
SUBJECT: Conditional Use Permit Application No. CUP 08-08 with a parking
modification to allow three (3) eating establishments and/or restaurants
with a combined total floor-space of 4,427 square-feet, and a combined
maximum of 124 seats, within the existing 5,934 square-foot commercial
building adjacent to the north side of the AlbertSon's supermarket at 288
E. Live Oak Avenue.
SUMMARY
Sam Ahn submitted application no. CUP 08-08 with a parking modification to allow
three (3) eating establishments and/or restaurants with a combined total floor-space of
4,427 square-feet, and a combined maximum of 124 seats, within the existing
commercial building adjacent to the north side of the Alberts,on's supermarket at 288
E. Live Oak Avenue, It is staff's opinion that the proposal is appropriate for the site
and will not have any negative impacts upon the neighboring properties. The
Development Services Department is recommending approval of the application
subject to the conditions in this staff report.
GENERAL INFORMATION
APPLICANT: Sam Ahn (Property Owner)
LOCATION: 288 E. Live Oak Avenue
REQUEST:
A Conditional Use Permit with a parking modification to allow three
(3) eating establishments and/or restaurants with a combined total
floor-space of 4,427 square-feet, and a combined maximum of 124
seats, within the existing 5,934 square-foot commercial building
adjacent to the north side ofthe Albertson's supermarket.
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SITE AREA:
Approximately 192,269 square feet (4.46 acre)
FRONTAGES: 396.27 feet along E. Live Oak Avenue
230.99 feet along Tyler Avenue
577.53 feet along Lynrose Street
EXISTING LAND USE & ZONING:
The site is developed with two commercial buildings, a 50,547
square-foot Albertson's supermarket and the adjacent 5,934 square-
foot commercial building with 266 shared parking spaces. The zoning
is CoM & D (Commercial Manufacturing with a Design Overlay).
SURROUNDING LAND USES & ZONING:
North: Restaurants, a church, and Insurance offices zoned C-1,
R-3, and C-2 & D, respectively.
South: Single-family residences in an unincorporated County area
zoned residential.
East: Commercial office building, zoned C.M & D.
West: Small commercial strip center with a 7-11 store, a day spa,
dry cleaners, and an unmanned cell tower facility, zoned C-2;
and across Tyler Avenue is a Jack-in-the-Box eating
establishment and a Walgreens' Pharmacy, zoned C-2.
GENERAL PLAN DESIGNATION:
Mixed Use Commercialllndustrial - Provides opportunities for
development of commercial and residential mixed use projects close
to local services and facilities and which foster the use of altemative
modes of circulation such as pedestrian or bicycles. Commercial
uses allowed within this designation are intended to service the
needs of the. local residents as well as promote community
interaction. Appropriate uses include a range of common retail and
personal service uses, medical and professional offices, retail
commercial and medium to high density residential. The maximum
non-residential building floor area ratio (FAR) is 0.50, based on net
square footage measured by dividing building square footage by the
net lot area existing prior to development.
BACKGROUND
In 1994, CUP 93-08 (Resolution No. 1507 - attached) was granted to develop the site
with a supermarket with the sales of alcoholic beverages for off-premises consumption
and an adjacent 5,934 square-foot commercial building, of which 2,800 square-feet
was to be for a restaurant with outdoor seating that was limited to beer and wine for
CUP 08-08
September 23, 2008
Page 2
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alcoholic beverage service. A parking modification for 266 spaces in lieu of 296 was
included with the approval of the CUP. However, the entire 5,934 square-foot building
was occupied by a Blockbuster video store.
Concurrent with CUP 93-08, Tentative Parcel Map No. TPM 93-05 was approved to
create separate parcels for the supermarket and the retail building. Shared parking
was a requirement of the Tentative Parcel Map. In 2007 the retail building became
vacant. Currently, the retail building is undergoing an interior remodel to divide it into
four units. One of the units (Unit C - 1,507 sq. ft.) will be occupied by a dental office,
and the other three units are proposed to be eating establishments and/or restaurants.
The 1,208 square-foot Unit B is proposed to be a Subway eating establishment.
Public Hearina Noticina Information
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A Conditional Use Permit requires a public hearing. Notices were mailed to the
property owners and tenants within a 300-foot radius; see the attached Zoning Map
with the300-foot radius.
PROPOSAL AND ANALYSIS
The proposal is to allow three (3) eating establishments and/or restaurants with a
combined total floor-space of 4;427 square-feet, and a combined maximum of 124
seats within the existing 5,934 square-foot commercial building adjacent to the north
side of the Albertson's supermarket. Eating establishments and/or restaurants are
permitted in the CoM zone with an approved conditional use permit. The applicant is
not at this time proposing to provide any outdoor seating or alcoholic beverage service
for the eating establishments and restaurants. The remaining 1,507 square-feet are to
be occupied by a dental office.
The site is situated in an area of mixed commercial uses that primarily serve the
surrounding residents and businesses. The proposed use will add to the services
available to this area and is compatible with the surrounding land uses.
Parkina
The parking spaces required by code for the supermarket, dental office, and proposed
eating establishments and/or restaurants are 328 parking spaces. CUP 93-08
approved 266 parking spaces for the Albertson's supermarket and adjacent
commercial building, with 2,800 square-feet to be a restaurant with outdoor dining.
However, the restaurant portion of CUP 93-08 expired because it was not
implemented.
This application proposes 4;427 square-feet of eating establishments and/or
restaurants and requires a modification for a deficiency of parking spaces. Because
the applicant is requesting eating establishments and/or restaurants, staff is applying
CUP 08-08
September 23, 2008
Page 3
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the higher ratio of 15 spaces per 1,000 square feet of gross. floor area for fast food
uses without drive through service. Medical and dental offices require 6 parking
spaces per 1,000 square feet of gross floor area, and 5 parking spaces per 1,000
square feet of gross floor area is required for retail spaces. The required parking for
this center is as follows:
Proposed Eating Establishments
and/or Restaurants
Dental Office
Albertson's Supermarket
4,427 sq. ft.
66 spaces
1 ,507 sq. ft. ,
50,547 sq. ft.
Total:
9 spaces
253 spaces
328 spaces
The site has 266 parking spaces. There are 263 parking spaces located in front of the
supermarket and commercial building and three (3) spaces' are located behind the
building by the loading area. There would be a deficiency of 62 parking spaces.
The applicant had a parking demand analysis prepared by Linscott, Law &
Greenspan, Engineers, to demonstrate that the existing 266 spaces are sufficient for
the existing supermarket and proposed dental office, eating establishments and
restaurants.
For the Albertson's supermarket an observational study was conducted Friday, June
13, 2008 and Saturday, June 14, 2008. According to this study, the peak parking
demand on Friday was 123 spaces, and on Saturday it was 115 spaces. Based on
the higher peak demand, the study determined that 123 parking spaces would be
adequate for the Albertson's supermarket.
For the 5,934 square-foot commercial building, the parking demand analysis used
shared parking criteria as established by the Urban Land Institute. This model results
in a shared parking demand of 193 spaces for the proposed combination of uses.
This indicates a surplus of 69 spaces.
The City Engineer reviewed the parking study and found the conclusions reasonable.
The parking layout may be problematic, however; the commercial building is in front of
the smaller portion of the parking area (see the attached aerial) which may fill up at
peak times, and that could be inconvenient to the patrons of the proposed uses.
Circulation
Ingress and egress for the site is provided by 40'-0" wide, two-way driveways on Tyler
Avenue and Live Oak Avenue, with exiting onto Live Oak Avenue limited to right-tums
only. Service and delivery trucks can use both of these driveways to access the
loading area behind the commercial building, see the attached site plan. The delivery
CUP 08-08
September 23,2008
Page 4
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trucks are able to park away from the main parking and pedestrian areas. All of the
aisles in the parking area provide two-way circulation.
Hours of Ooeration
The applicant is proposing the following hours of operation: Unit A is to be open from
10:00 a.m. to 10:00 p.m. daily, Unit B (Subway) from 7:00 a.r\1. to 9:00 p.m. daily, and
Unit D from 10:00 a.m. to 10:00 p.m. daily. Delivery and pick-up activity will be
conducted behind the commercial building in the loading area and will abide by the
condition of approval of CUP 93-08, which prohibits deliveries and pick-ups, and
maintenance activities between the hours of 10:0.0 p.m. and 7:00 a.m. Additionally,
the Arcadia Municipal Code requires that commercial refuse be collected between
7:00 a.m. and 5:00 p.m., and requires that all permanent and temporary storage of
wares, merchandise, crates, bottles, pallets, racks, etc. be stored within buildings.
Alcoholic Beveraae Sales
The applicant is not including the service of alcoholic beverages with this application.
The Code does not require a Conditional Use Permit (CUP) for the serving of alcoholic
beverages for on-site consumption, but a CUP is required for off-site consumption
sales within 150 feet of residentially-zoned properties. Approval for the Albertson's
supermarket to sell alcoholic beverages for off.premises consumption was included in
CUP 93-08. Because this application is subject to a public hearing, and a request to
sell and or serve alcoholic beverages is not included, staffs' opinion is that if alcoholic
beverage sales and/or service is to be added to any of the eating establishments or
restaurants, it should be subject to another public hearing.
CODE REQUIREMENTS
The proposed plans were distributed to other City departments for review. Their
recommendations have been included as conditions of approval. Tenant
improvement plans for the proposed eating establishments and/or restaurants must be
submitted for plan check and permits, and will be required to comply with all
requirements regarding disabled access and facilities, occupancy limits, building and
fire safety requirements, health department regulations, and on- and off-site
improvements to the satisfaction of the Building Official, Fire Marshal, City Engineer,
Public Works Services Director, and Development SerVices Director.
CEQA
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This project is categorically exempt from the provisions of the. California Environmental
Quality Act (CEQA) under Section 15303(c) as a convl!lrsion of existing small
structures from one use to another. The Development Services Department prepared
the attached Preliminary Exemption Assessment.
CUP 08-08
September 23, 2008
Page 5
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FINDINGS
Section 9275.1.2 of the Arcadia Municipal Code requires that for a Conditional Use
Permit to be granted, it must be found that all of the following prerequisite conditions
can be satisfied:
1. That the granting of such Conditional Use Permit will not be detrimental to the
public health or welfare or injurious to the property or improvements in such
zone or vicinity.
2. That the use applied for at the location indicated is properly one for which a
Conditional Use Permit is authorized.
3. That the site for the proposed use is adequate' in size and shape to
accommodate said use, and all yards, spaces, walls, ;fences, parking, loading,
landscaping, and other features required to adjust sliiid use with the land and
uses in the neighborhood.
4. That the site abuts streets and highways adequate in width and pavement type
to carry the kind of traffic generated by the proposed use.
5. That the granting of such Conditional Use Permit will not adversely affect the
comprehensive General Plan.
RECOMMENDATION
The Development Services Department recommends approval of Conditional Use
Permit Application No. CUP 08-08, subject to the following conditions:
1. The use approved by CUP 08-08 is limited to the three (3) eating
establishments and/or restaurants that shall be operated and maintained in a
manner that is consistent with the proposal and plans: submitted and approved
for CUP 08-08.
2. A parking modification shall be granted for 266 parking spaces in lieu of 328
spaces required.
3. The combined maximum seating capacity for all three (3) eating
establishments and/or restaurants shall not exceed 124 seats.
4. Hours of operation shall be limited to between 7:00 a.m. to 10:00 p.m. daily.
5. Deliveries, pick-ups, and outdoor maintenance activities shall adhere to the
condition of approval of CUP 93-08; where such. activities are prohibited
between the hours of 10:00 p.m. and 7:00 a.m.
CUP 08-08
September 23, 2008
Page 6
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6. Sales of alcoholic beverages for on-premises consumption by any of the three
(3) eating establishments and/or restaurants shall require a separate approval
though the Conditional Use Permit process.
7. There shall be no outdoor dining facilities for these eating establishments
and/or restaurants unless a separate Incidental Outdoor Dining Permit has
been applied for and approved by the Community Development Administrator.
8. All of the three (3) eating establishments or restaUrants shall comply with the
following conditions to the satisfaction of the Fire Marshal:
a. An eating establishment or restaurant with a seating capacity of 50 or
more people shall have at least two (2) emergency exits, and if deemed
necessary by the Fire Marshal, a separate assembly permit must be
approved by the Fire Marshal.
b. The kitchen's automatic fire suppression systems of the eating
establishments or restaurants shall be interconl1ected with the building's
fire alarm system.
c. Any required fire sprinkler modifications shall be performed under a
separate permit.
9. The property owner and/or applicant shall install a new curb-cut ramp to
provide the shortest path-of-travel distance to and from the accessible-parking
spaces and the subject commercial spaces to the satisfaction of the Building
Official.
10. Separate water meters shall be provided for each tenancy subject to the
satisfaction of the Public Works Services Director.
11. All City code requirements regarding accessibility, fire protection, occupancy,
public health, and safety shall be complied with to the satisfaction of the
Building Official and/or Fire Marshall.
12. Approval of CUP 08-08 shall not take effect until the property owner(s), and
applicant have executed and filed the Acceptance Form available from the
Development Services Department to indicate awareness and acceptance of
these conditions of approval.
13. The applicant shall defend, indemnify, and hold harmless the City of Arcadia
and its officers, employees, and agents from and against any claim, action, or
proceeding against the City of Arcadia, its officers, employees or agents to
attack, set aside, void, or annul any approval or condition of approval of the
City of Arcadia conceming this project and/or land use decision, inclUding but
CUP 08-08
September 23, 2008
Page 7
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not limited to any approval or condition of approval of the City Council,
Planning Commission, or City Staff, which action is brought within the time
period provided for in Government Code Section 66499.37 or other provision
of law applicable to this project or decision. The City shall promptly notify the
applicant of any claim, action, or proceeding concerning the project and/or
land use decision and the City shall cooperate fully in the defense of the
matter. The City reserves the right, at its own option, to choose its own
attorney to represent the City, its officers, employees, and agents in the
defense of the matter.
PLANNING COMMISSION ACTION
Approval
If the Planning Commission intends to approve this CondItional Use Permit, the
Commission should move to approve CUP 08-08 and direct staff to prepare a
resolution for adoption at the next meeting that incorporates the Commission's
decision, specific determinations and findings, and the conditions of approval.
Denial
If the Planning Commission intends to deny this Conditional Use Permit application,
the Commission should state the specific reasons for denial and direct staff to prepare
an appropriate resolution for adoption at the next meeting that incorporates the
Commission's decision and specific findings.
If any Planning Commissioner, or other interested party has any questions or
comments regarding this matter prior to the September 23[<1 public hearing, please
contact Assistant Planner, Jennifer Turcios at (626) 574-5422.
Approved:
Attachments: Aerial Photo Vicinity Map
Zoning Map with 300-foot Radius
Resolution No. 1507 for CUP 93-08
Plans
Photos
Preliminary Exemption Assessment
CUP 08-08
September 23, 2008
Page 8
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