Resolution Number 95-10-3-1043
RESOLUTION NO. 95-10-3-1
CERTIFYING NEGATIVDECLARATION: APPROVING DENSITY
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE
DECLARATION AND APPROVING: A DENSITY BONUS PERMIT FOR 112
AFFORDABLE SENIOR APARTMENTS; REZONE 94-4 TO AMEND
COMPREHENSIVE DEVELOPMENT PLAN 78-1 TO PERMIT SINGLE-
FAMILY RESIDENCE AND MODIFY DEVELOPMENT STANDARDS;
ARCHITECTURAL CONTROL 94-5 FOR DESIGN REVIEW; AN EXCEPTION
TO THE COVERED AND NUMERICAL PARKING STANDARDS; AND, A
TREE REMOVAL PERMIT (KAUFMAN AND BROAD)
WHEREAS, the agent, Mr. Tom Erickson, on behalf of the property owner, Mr.
Carlos Romer, P. O. Box 520, San Juan Capistrano 92693 and the developer, Kaufman and Broad,
10990 Wilshire Boulevard, Los Angeles 90024, has submitted an application to develop a 112 -unit
affordable senior housing apartment complex on 3.2 acres situated on the southwest comer of Ortega
' Highway and Rancho Viejo Road, Assessor's Parcels A (consisting of 666-241-01 and -02), 666-
241-04 and -05. The application includes a Density Bonus Permit to allow 112 affordable senior
apartments; a Rezone to amend Comprehensive Development Plan 78-1, Planning Sector A-1 to
permit a single-family residence and to modify development standards; an Architectural Control for
design review, a request for an exception to covered and numerical parking standards; and, a request
for a tree removal permit; and,
WHEREAS, on August 8, 1995 the Environmental Administrator reviewed an initial
study prepared for this particular project to evaluate potential environmental impacts related to: 1)
noise, 2) land use, 3) traffic, 4) aesthetics, 5) visual, and 6) earth. At that time a negative declaration
was adopted with mitigation measures which are included in the resolution as conditions to the
project; and,
WHEREAS, on August 8, 1995 the Design Review Committee reviewed the project
design and provided recommendations and suggestions that were incorporated into the project design
or addressed as conditions of approval within this resolution; and,
WHEREAS, on August 15, 1995 the Cultural Heritage Commission reviewed the
project and recommended that mitigation regarding on-site monitoring in the initial study be adopted
as drafted; and,
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WHEREAS, on August 15, 1995 the City Council adjourned a meeting to August 17,
1995 in order to conduct a work session to: 1) provide preliminary review and comment on the site
plan and proposed project layout/design, and 2) determine whether to direct staff to initiate
preparation of the owner participation and other necessary legal documents pertaining to the loan
request and Community Redevelopment Agency. Comments pertaining to the site plan and project
layout/design were addressed in the project design where possible; and,
WHEREAS, on August 23, 1995 the Transportation Commission reviewed the
project and recommended approval subject to conditions that: 1) access be restricted to right in and
right out only onto Rancho Viejo Road, and 2) parking for project have a minimum of 1.0 ratio; and,
WHEREAS, on August 29, 1995 the Planning Commission reviewed the project and
adopted P.C. Resolution 95-8-29-1 recommending certification of the mitigated negative declaration
and approval of the project subject to revised and additional conditions. The Commission also cited
issues regarding affordability and size of master bedroom and secondary bedrooms; and,
WHEREAS, on September 19, 1995, the City Council considered the item, received
public testimony on the project, and continued the public hearing to October 3, 1995; and,
WHEREAS, a public hearing notice was mailed to property owners within 300' of
the site, published in the Capistrano Valle,; and the site was posted.
NOW, THEREFORE, BE IT RESOLVED, that the City Council does hereby
make the following findings for each of the following applications:
1. Findings for Density Bonus Permit 95-01; Density Bonus Permit to Allow 112 Affordable
Senior Apartments.
a. General Plan Consistency - The application is consistent with the General Plan and in
particular, the Housing Element, in that a density bonus has been approved to allow an increase in
proposed project density in order to provide additional affordable housing to senior citizens (over the
age of 55) in the community.
b. Municipal Code Consistency - The project is consistent with criteria for affordable
senior housing in that it proposes to maintain affordability for seniors at the low and very low income
levels for 55 years and proposes design features such as an easy grade, lighted walkways, and non -slip
surfaces.
C. Potential Adverse Impacts on Adjacent Properties - The project will not have an
adverse impact upon the surrounding properties because project redesign as suggest by the Design
Review Committee has resulted in a design that has a softer building color scheme, a lowered roof
line, reduced tower element, additional building articulation, and architectural details that are
consistently designed throughout the site. In addition, anticipated traffic impacts have been evaluated
and determined to be less than projected for the area under a commercial use.
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12. Finding for RZ 94-04, Amendment to Comprehensive Development Plan 78-01.
a. Rezone to amend CDP 78-01 to allow single family residence.
The rezone to amend Comprehensive Development Plan 78-01 to permit a single
family residence is consistent with the General Plan Housing Element and, as
conditioned, will be subject to the development review process to ensure architectural
compatibility with the surrounding area and senior project.
b. Rezone to amend CDP 78-01 to establish a development standards.
Proposed development standards (attached in Exhibit A) are consistent with the
General Plan Land Use and Community Design Elements in that they include
requiring: 1) design review of the proposed single family residence, 2) additional
landscaping and buffer area, and establishing a precise location for the residence in
order to mitigate potential impacts to the historic Forster Mansion situated directly
north of the project.
3. Findings for AC 94-05, Architectural Control for Design Review:
a. The project as designed, and conditioned or granted, complies with provisions of Title
. 9 regarding affordability requirements, landscaping, parking requirements, setbacks, building heights,
and open space requirements.
b. The site plan as conditioned and designed is compatible with existing and proposed
land uses in that it proposes a sidewalk along front portion of project to connect to adjacent projects
and provide pedestrian compatibility, will install a street light for the area, uses light fixtures that
match the adjacent project, and uses colors, design elements, and materials that are compatible with
the surrounding area projects.
C. The architectural design of the project is generally consistent with the goals, policies
and objectives of the Community Design Element and other applicable provisions of the General Plan
in that the project has lowered its tower and roof line elements, uses finishes and materials that are
compatible with the area, and incorporates high quantities and quality of landscaping as a key design
element to soften views of the project.
d. The general site considerations, including open space and topography, orientation and
location of buildings on site, vehicular access, circulation and parking setbacks, building height, public
safety and similar elements have been designed to provide a desirable environment for the public in
that project design effectively utilizes a narrow, irregular site, to create a project that meets code
requirements for automobile, and pedestrian access, and proper site drainage.
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e. The general design considerations, including the character, scale and quality of the
design are consistent with the City's adopted Architectural Design Guidelines in that the architectural
relationship with the site and other buildings, including building materials, colors, screening of
exterior appurtenances, exterior lighting and signing and similar elements, will ensure the
compatibility of this development with the community.
f. The site plan is functional and safe in regards to existing or mitigated off site
conditions as they relate to adequacy of vehicular bicycle and pedestrian circulation in that automobile
access off of Rancho Viejo Road has been designed to occur within the project, but as far from
Ortega Highway as possible.
g. The landscape design, including the location, type, size, color, texture, and coverage
of plant materials has been considered to ensure visual relief to complement buildings and structures
and to provide an attractive environment for the enjoyment of the public in that over 220 trees will
be installed with a majority installed along perimeter of site to provide shielding and buffering of
views into project, the palette uses a 90% drought tolerant plant palette, and external mechanical
equipment uses trellises and vine pockets throughout the site to allow for landscaping to screen
views.
4. Findings for Request for an "Exception to Covered and Numerical Parking Standards:
a. Exception to Covered Parking:
There are special physical circumstances in that shape and width of the property is
irregular and requires parking to occur in a linear fashion parallel to placement of
residential units and wrap along the lengthiest portion of the property and to
construct covered parking would greatly affect views into the site from all areas of the
City and that State Density Bonus Law allows cities to provide "additional incentives"
to make projects affordable and financially feasible, and that in granting the exception,
the City is offering an additional incentive to the project.
While the intent of the covered parking requirement is to ensure that parking is
convenient and safe for residents, granting an exception to this particular requirement
will not affect the location of the proposed parking which is situated in a convenient
manner to units and allows residents to reach their units in a convenient manner.
There is little potential for the exception from covered parking requirement to create
a negative impact on surrounding properties because it will enhance the visual quality
of the area by preserving the open setting of the area.
a. Exception to Numerical Parking Standards:
There are special physical circumstances related to the tenant mix which justify
granting the exception from numerical standards. In particular, this project will house
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seniors with household incomes at or below the 60% of median area income levels.
Given the affordability of the project as well as the restricted tenant mix for the
project, the reduced parking standards to approximately .83 per unit has been
determined suitable for the income levels and age of future tenants.
The intent of the requirement is being met in that the design of the total project will
provide the Code's required 11 guest parking spaces for the project and that the
reduction is only for residential requirements.
There is little potential for the exception to create a negative impact on surrounding
properties because the project will provide additional open space for the site and
ensure that available parking meets anticipated project demand.
Findings for Request for a Tree Removal Permit have been considered in accordance with
Section 9-2.309 of the Municipal Code for the removal of the on-site trees and in particular
Finding #1 applies as follows to the project:
(1) The condition of existing trees with respect to disease, general health, and ability to
preserve.
Said on-site trees were not part of an approved or historical landscaping plan for the area and
have not been maintained so that they are in a state of serious deterioration. In addition,
because they have been randomly grown and unmaintained, they are incompatible with the
area and proposed landscape plan. Preserving them would not guarantee livelihood nor
would it assist in making the area aesthetically pleasing.
6. Findings for Request for a Tree Removal Permit for removing off-site trees have been
considered and cannot be positively made because there are alternative sidewalk
configurations available to result in their preservation. Therefore, this part of the application
cannot be approved.
BE IT FURTHER RESOLVED, that the City Council of the City of San Juan
Capistrano does hereby: 1) Certify the mitigated negative declaration; and, 2) Approve the project
consisting of Density Bonus Permit 95-01 to allow 112 affordable senior apartments; Rezone 94-04
to amend Comprehensive Development Plan 78-01, Planning Sector A-1 to permit single family
residence and establish development standards per "Exhibit A" attached to this resolution;
Architectural Control 94-05 for design review, a request for an "exception to covered and numerical
parking standards; and a request for a tree removal permit for removing on-site trees only, subject
to the following conditions:
MITIGATION MEASURES:
1. In conjunction with the submission of improvement plans for proposed retaining walls,
the applicant shall submit a soils study/geotechnical report prepared by a qualified engineering
geologist which analyzes soils and geologic conditions and provides specific recommendations on the
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design of the proposed retaining walls. Proposed retaining walls shall be designed by a State -
registered professional engineer and constructed to standards and specifications established by the
City Engineer as determined by the soils study/geotechnical report (eng.).
Finished slopes shall not exceed a maximum finished grade of 2:1 (eng.).
3. All manufactured slopes shall be provided with erosion control or permanently
landscaped in a timely manner following completion of grading to prevent erosion as determined
necessary by the City Engineer or his designee. As part of the grading permit process, the City may
require interim erosion control for any graded portions of the site or manufactured slopes until such
time that permanent landscaping and irrigation is installed (eng.).
4. Applicant to maintain slope west of project, on single family residence pad, until such
time that the residence occupies unit. At that time, the applicant shall comply with condition 921 of
this resolution (eng./ping.).
5. In conjunction with grading permit review and issuance, the applicant shall submit dust
control plans/procedures for managing/reducing dust and PM 10 emissions associated with grading
and construction to the satisfaction of the Planning director or his designee. Plans/procedures for
PM 10 emissions reduction will be consistent with AQMD Rule 403 and may include use of soil
binders, truck washing, street sweeping, and vehicle maintenance (eng./ping).
6. In conjunction with building permit review, the applicant will prepare and submit an
acoustic analysis of potential traffic noise impact prepared by a qualified acoustic consultant and
subject to review and approval by the Planning Director. The acoustic analysis will evaluate traffic
noise levels on senior housing and determine the need for specific design mitigation which reduce
potential noise impacts to a level consistent with the City's Land Use Code noise regulations. Prior
to building permit issuance, construction/site plans will be revised to include recommended noise
mitigation subject to approval by the Planning Director (eng./ping.).
7. All construction activity shall comply with the City's adopted "noise standards" as
contained in Section 9-3.615 of the Municipal Code. As provided by Section 9-3.615(f), all
construction activity shall be restricted to the hours of from 7:00 am to 9:00 pm, Monday through
Friday, and 8:30 am to 4:30 pm Saturday, and shall be prohibited on Sundays (eng./bldg.).
8. The applicant shall revise the proposed outdoor lighting plans to maintain a minimum
light intensity of 1.0 fc, measured at the base of the light fixture. Prior to building permit issuance,
the applicant shall submit a revised photometric plan demonstrating compliance with City lighting
standards subject to approval of the Planning Director (ping.).
9. At the time that adjacent Parcel 17 of PM 176-1 is developed, alternate entrances may
be required for the entire area, necessitating revisions to proposed project entry at Rancho Viejo
Road. An analysis of cumulative traffic/circulation impacts to the area and signal will be required of
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the developer of said adjacent parcel. Therefore, the applicant shall agree to conform to any
' proposed alternative entrances necessary at that time at no additional cost to the applicant (ping).
10. The applicant shall retain the services of a SOPA (Society of Professional
Archaeologists) -certified archeologist who will monitor all grading and excavation for potential
impacts on cultural resources including archeological, paleontological, and historic resources. Prior
to grading permit issuance, the applicant will provide an executed contract for services with a SOPA-
certified archeologist including a scope -of -work which provides for comprehensive monitoring; a
contingency for assessment, recovery, and/or evaluation; and the preparation of a technical
memoranda or report subject to approval by the Planning director or his designee. In the event
cultural resources are encountered during grading, the monitor may cease grading operations,
consistent with City Council policy, to allow for the assessment, recovery, and/or evaluation of any
cultural resources (ping.).
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Prior to Grading Permit
11. Applicant shall submit revised plans showing relocation of Building B so that project
meets required setbacks for approval by the Planning Director.
12. Applicant shall submit revised plans showing small scale on-site directional signs
' indicating a map of the project, and location of units and amenities. Said plans shall be submitted
for Planning Director approval prior to the issuance of a grading permit.
13. Perimeter fencing shall wrap around project so that there re no "unconnected areas."
Site Plan shall be revised and submitted to Planning Director prior to the issuance of a grading
permit.
Prior to Building Permit
14. A reciprocal access easement/agreement shall be entered into and recorded for the
properties allowing access from the single family residential property to and through the project to
the main exit/entry point. This agreement shall be recorded against the property prior to construction
of the single family unit with evidence provided by the property owner to the Planning Director prior
to issuance of a Building Permit (ping./eng.).
15. Architecture and site plans (for the single family residence) shall be submitted by the
property owner for review and approval by the Planning Commission.
16. "Details" for all exposed "ends" on project shall be submitted prior to issuance of a
building permit to the Planning Director for the purposes of determining design consistency.
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17. Revised plans shall be submitted to Planning Director showing that site plan and trash
enclosure detail are both consistent and able to accommodate each other. Said revision to be
submitted prior to issuance of a building permit.
18. Revised plans shall be submitted to Planning Director prior to the issuance of a
building permit showing the potential locations of all transformers (and similar equipment) and noting
that said equipment will be camouflaged by 4' 1/2" high lattice screens painted dark brown or green
with vines planted and shall be reviewed and approved by the Planning Commission.
19. Project light fixtures shall match the adjacent Capistrano Collection project directly
northwest of site as shown in the plans. Prior to the issuance of a building permit said lighting plans
shall be revised showing light levels increased to provide a minimum one footcandle light level and
pole heights no more than 14' in total height. Said plans shall be subject to Planning Director
approval.
20. Prior to building permit issuance, the color palette shall be reviewed and approved by
the Planning Commission.
Prior to Occupancy Permit
21. At the time an occupancy permit is issued for the single family residence, maintenance
responsibilities for the adjoining retaining wall and common areas shall be transferred from the senior
apartment project owner to the resident/property owner of the single family lot. This responsibility
shall also be recorded against the property by the property owner and notice shall be provided to the
Planning Director that the transfer of maintenance responsibility has been completed.
22. Applicant shall prepare and complete a license agreement or other instrument to be
used for dedicating the sidewalk to the City for maintenance. Said instrument shall be drawn and
recorded against the property subsequent to the approval of the City Engineer and prior to the
issuance of an occupancy permit (eng.).
23. Prior to certificate of occupancy, the applicant shall submit a plan for Planning
Director approval to provide vanpool services for the project.
24. Prior to certificate of occupancy, the applicant shall submit a plan to the Planning
Director which provides notice to future tenants that adjacent zoning allows industrial related uses.
Miscellaneous
25. The retaining wall visible from Rancho Viejo Road and adjoining Parcel 17 shall be
constructed as designed without the loffelstein design.
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26. Plans shall be revised and approved to show that putting green area shall be used as
' additional green/open space for the project in setback area where Building B was previously located.
ENGINEERING DEPARTMENT CONDITIONS OF APPROVAL:
Prior to Issuance of Grading Permit:
27. The applicant shall fulfill all applicable fee requirements in accordance with the City
Municipal Code, Section 9-2.316 and post securities to insure satisfaction performance.
28. The applicant shall submit to the City Engineer and Building and Safety Manager for
their review and obtain approval for a Soils Report/Geotechnical Feasibility Study prepared by a
Registered Geologist and/or Soil Engineer to determine the seismic safety and soils stability of all
proposed grading and development improvements within the project and preliminary pavement
sections and substructure bedding/backfill recommendations.
29. The applicant shall submit to the City Engineer and Building and Safety Manager for
their review and obtain approval for Grading Plans prepared by a Registered Civil Engineer. These
plans shall show the limits of grading, drainage, sewer, water and parkway/street improvements. The
extent of the topography shall be extended enough to determine the drainage impacts to adjacent
properties. The elevations shall correspond with the Orange County benchmark datum. All drainage
must be conveyed to the street or a City approved drainage facility.
' 30. The applicant shall submit to the City Engineer and to the Building and Safety
Manager, for any necessitated off-site grading, a notarized written permission from adjacent property
owners affected by said off-site grading.
31. The applicant shall submit to the City Engineer and Building and Safety Manager for
their review and obtain approval for Erosion/Silt Control Plans prepared by a Registered Civil
Engineer. These plans shall show all temporary and/or permanent erosion control devices, effective
planting of graded slopes, practical accessibility for maintenance purposes and proper precautions to
prevent public trespass onto certain areas where impounded water may create a hazardous condition.
32. Any proposed connections to City storm drains from private on-site drains must be
approved by the City Engineer. A recorded instrument is required for private storm drain connections
to City storm drain facilities and must be filed with the City Engineer.
Prior to Issuance of Building Permit:
33. The applicant shall submit to the City Engineer for review, all necessary
documentation required for processing the proposed lot line adjustment within the property
boundaries.
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Prior to Issuance of Certificate of Occupancy:
34. The applicant shall complete, to the satisfaction of the City Engineer, all facility
improvements necessary to serve the development in accordance with the approved plan and
approved exceptions.
35. The applicant shall remove any existing drives and/or curb depressions that are
determined to be unnecessary by the City Engineer and shall replace them with full height curb and
sidewalks.
36. The applicant shall furnish and construct, to the satisfaction of the City Engineer, a
standard sidewalk adjoining the project's property along Rancho Viejo Road with a license agreement
executed in order to preserve the trees along Rancho Viejo Road, and a street light shall be located
on the north side of the proposed driveway.
Conditions Added Subsequent to the City Council Meeting of September 19, 1995:
37. A 15' wide buffer area shall be designed and located to separate the single family
project from the Mansion. The buffer area shall be comprised of low lying shrubs, plantings, etc., and
shall not site accessory structures, garages, carports, cabanas, storage sheds, etc.
38. Prior to the issuance of a building permit for the single-family residence, architectural
control review shall be required. Said meeting shall be held as a duly noticed public hearing before
the Planning Commission with the purposes of reviewing the proposed architecture and a 15' wide
buffer area to separate the home from the historic Forster Mansion. Planning Commission shall
consider project to ensure:
a. Architectural style is compatible with the Mansion.
b. Buffer area provide separation between properties.
C. Residential structure shall be limited to the building pad area shown on
approved site plan related to RZ 94-04.
39. Prior to the issuance of a grading permit, an arborist, shall conduct an inspection off
site and provide written report to the Planning Director, with recommendations regarding the
potential grading impacts to the off-site Eucalyptus Tree situated on the Forster Mansion property
at the property line. Grading plans shall be revised, if necessary, in that area to accommodate
recommendations of the arborist to ensure preservation of the tree. The arborist shall also be
required to monitor grading activities in that specific location and prepare a "follow up report" with
summarizing findings. Said report shall be submitted to the Planning Director for review prior to the
issuance of further permits. Copies of all arborist reports shall be provided by the applicant to the
adjacent property owner (Forster Mansion).
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40. The approval of Density Bonus Permit 95-01 includes approval of the location of the
' single-family residence. Any modifications to the location, shall render the single family residence
concept approval null and void and require development review.
41. Notice shall be provided to senior apartment residents that project is situated adjacent
to existing commercial use and potential impacts regarding delivery trucks or commercial events
could occur.
PASSED, APPROVED, AND ADOPTED this 3rd day of October , 1995.
CAROLYN N SH, MAYOR
ATTEST:
CITY CLERK
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California,
DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. 95-10-3-1
adopted by the City Council of the City of San Juan Capistrano, California, at a regular meeting
thereof held on the 3rd day of October , 1995, by the following vote:
AYES: Council Members Jones, Hart, Campbell, Swerdlin
and Mayor Nash
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JO TY CLERK
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I EXHIBIT A
LANGUAGE FOR AMENDMENT TO CDP 78-01 FOR
DENSITY BONUS PERMIT 95-01 AND REZONE 94-04:
The following language for Comprehensive Development Plan 78-01 shall replace, where
applicable, language for Planning Sector A-1 as follows:
Single Family Residence:
Shall be developed in accordance with conditions in the project resolution (approving DBP 95-
01) which require the following:
a. Applicant to maintain slope west of project, on single family residence pad, until such time
that the residence occupies unit. At that time, the applicant shall comply with condition #23
of approving resolution for DBP 95-01.
' b. A reciprocal access easement/agreement shall be entered into and recorded for the properties
allowing access from the single family residential property to and through the project to the
main exit/entry point. This agreement shall be recorded against the property prior to
construction of the single family unit with evidence provided by the property owner to the
Planning Director prior to issuance of a Building Permit.
C. Architecture and site plans for the single family residence shall be submitted by the property
owner for review and approval by the Planning Commission prior to issuance of a building
permit. Said meeting shall be held as a duly noticed public hearing before the Planning
Commission with the purposes of reviewing the proposed architecture and a 15' wide buffer
area to separate the home from the historic Forster Mansion. Planning Commission shall
consider project to ensure:
Architectural style is compatible with the Mansion.
Buffer area provide separation between properties.
Residential structure shall be limited to the building pad area shown on approved site
plan related to RZ 94-04.
d. A, 15' wide buffer area shall be designed and located to separate the single family project
from the Mansion. The buffer area shall be comprised of low lying shrubs, plantings etc and
shall not site accessory structures, garages, carports, cabanas, storage sheds, etc. Buffer area
shall be revised according to item c, above.
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e. The approval of Density Bonus Permit 95-01 includes approval of the location of the single-
family residence. Any modifications to the location, shall render the single family residence
concept approval null and void and require development review.
f. "Notice" shall be provided to single family resident that home is situated adjacent to existing
commercial use and potential impacts regarding delivery trucks or commercial events could
occur and that adjacent zoning allows industrial related uses.
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EXISTING
1 STER MANSON
OFFICE GOMMMAL
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Buildable Lot Area for Single Family Residencerll
per DBP 95-01 and RZ 94-04.
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