FAIRFAX TOWN COUNCIL MEETING
STAFF REPORT
MEETING DATE March 4, 2026
PREPARED FOR Mayor and Town Council
PREPARED BY Bryn McKillop, Associate Planner
Jeffrey Beiswenger, Planning & Building Services Director SUBJECT Adopt a Resolution Accepting the Town of Fairfax Annual Progress Report on the General Plan and Housing Element for the Calendar Year 2025
RECOMMENDATION
Staff recommends that the Town Council adopt a resolution of the Fairfax Town Council Accepting Fairfax Annual Progress Report for the General Plan and Housing Element Calendar Year (CY) 2024.
BACKGROUND
California Government Code Section 65400(a)(2) requires that the planning agency of each city/town and county submit to their legislative bodies an annual progress report (APR) on the status of the General Plan and Housing Element and their implementation in the previous calendar year. A copy of the APR must be sent to both the Governor’s Office of Planning and Research (OPR) and the State Department of Housing and Community Development (HCD) by April 1st of each year.
The intent of the legislation is to ensure the Town’s General Plan is relied upon for land use decisions and that it remains an effective tool for guiding development. The report provides the Town Council with information regarding the status of the General Plan policies and their implementation during the past year.
DISCUSSION
The APR is comprised essentially of two reports required by two different agencies, with the (1) General Plan Annual Progress Report to the Office of Planning and Research and the (2) Housing Element report on the Regional Housing Needs Allocation and Housing Element program implementation reviewed by the Housing and Community Development Department. This staff report and a copy of the full report will be submitted to both agencies.
The Housing Element Annual Progress Report is completed in a form created by the Department of Housing and Community Development. The purpose of the HCD APR table is to clearly identify the Town’s progress on meeting its Regional Housing Needs Assessment (RHNA) for the current 6th Cycle (2023- 2031). It also includes a detailed list of the status and progress of Housing Action Programs (Table D).
Regional Housing Needs Allocation (RHNA)
A key component of the APR is to report on progress towards meeting the Regional Housing Needs Allocation (RHNA). The RHNA is determined by the Association of Bay Area Governments (ABAG). The
RHNA is a State-mandated process intended to ensure every jurisdiction plans for enough housing to accommodate future growth. The current sixth cycle RHNA (2023-31) the Fairfax allotment is 490 units, a significant increase. The RHNA is broken down into income groups as depicted in Table 1.
Table 1
RHNA Allocated by Income Level
Income Category 2023-31 Period
RHNA
Very Low 149
Low 86
Moderate 71
Above Moderate 184
Total 490
The Town is expecting to see additional construction during the current RHNA cycle (2023-31) with ADU construction increasing and a few larger projects constructed in the later part of the cycle. In the first three years of the RHNA planning period (2023, 2024 and 2025) we have a total of 31 units built, with 15 units in 2025. For the full breakdown by year, see Exhibit 2 to the attached resolution.
In addition to reporting on RHNA, the Town is also required to report on progress towards implementing the 2010-2030 General Plan (which now includes the 2023-31 Housing Element). The focus is on progress towards implementing Action Programs. A full list of programs implemented is included on Table D of the HCD spreadsheet, Exhibit 1 to the attached resolution.
Upon approval of the attached resolution by the Town Council, staff will submit the report to OPR and HCD by the April 1, 2026 deadline.
FISCAL IMPACT
There is no fiscal impact associated with receiving this report.
ATTACHMENTS
Resolution
Exhibit 1 - Progress Report Table for the 2010-2030 Fairfax General Plan Exhibit 2 - Progress Report Table for the Housing Element, 6th Cycle, 2023-31 Town of Fairfax
Resolution No. 26-XX
RESOLUTION
A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF FAIRFAX
ACCEPTING FAIRFAX ANNUAL PROGRESS REPORT FOR THE GENERAL PLAN AND HOUSING ELEMENT CALENDAR YEAR (CY) 2025
WHEREAS, California Government Code Section 65400(a)(2) requires that the planning agency of each city and county submit to their legislative bodies an annual report on the status of the General Plan and Housing Element and its implementation in the previous calendar year; and WHEREAS, the Town Council reviewed the annual report on the status of the General Plan and Housing Element; and
WHEREAS, the Town Council has determined that the annual report meets the intent of California Government Code Section 65400(a)(2) by providing (Exhibit 1) progress report on housing programs and (Exhibit 2) progress report towards the Regional Housing Needs Allocation (RHNA) for the Housing Element, 6th Cycle, 2023-31 pursuant to Government Code Section 65584.
NOW, THEREFORE BE IT RESOLVED, the Town Council of the Town of Fairfax hereby accepts the Fairfax Annual Progress Report for the General Plan and Housing Element Calendar Year (CY) 2025.
PASSED AND ADOPTED at a regular meeting of the Fairfax Town Council on this 4th day of March 2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST
_____________________________ ________________________________
STEPHANIE HELLMAN CHRISTINE FOSTER
MAYOR DEPUTY TOWN CLERK
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Town of Fairfax
Resolution No. 26-XX
Exhibit 1
Progress on Housing Programs
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Jurisdiction Fairfax
Reporting Year 2025 (Jan. 1 - Dec. 31)
1 2 345 6 7 8 9
Name of Program Objective
Projected
Completion Date in
Housing Element
Applicable Cycle Status of Program Implementation Program Implementation Details Quantified Outcomes: Category Quantified Outcomes: Count Supporting Documents 1-A: Develop and Adopt Town Center Plan
Integrate workforce housing into Downtown Fairfax
Adopt Town Center Plan by the end of 2026
The Town will search for a funding source in 2025. In Progress The Town will search for a funding source in 2025. Other See Workforce Housing Ordinance: https://townoffairfaxca.gov/recent-ordinances/ 1-B: School Street Plaza 175 new housing units by 2028, including 35 affordable units Start quarterly meetings Q3 2023, target completion of construction in 2028 The Workforce Housing Overlay was adopted in 2023, with School Street Plaza as one of the sites in the overlay. The Town has met with an applicant and they have submitted a preliminary application for more than 175 units, including more than 35 affordable units.
Continuous
The Town approved a project at School Street Plaza on 2025-11-22 for 243 units, 41 of which are deed-restricted low income units.
Units 243 https://townoffairfaxca.gov/school-street- project-95-broadway/ 1-C: Housing on TownOwned Sites 10 lower income units by 2030 Prepare and release an RFP by Q2 2024 After outreach with developers, the Town is reconsidering the buildability of the town owned sites for affordable housing. Affordable developer Habitat for Humanity encouraged the Town to consider selling the sites to single family developers who can afford to build on steep slopes on narrow streets in the hills of the Town. Proceeds from the sales could then be used for the affordable housing fund. The Town is putting together a report to understand how to best utilize the town owned sites to benefit affordable housing if developing them is not an option.
Continuous
After outreach with developers, the Town is reconsidering the buildability of the town owned sites for affordable housing. Affordable developer Habitat for Humanity encouraged the Town to consider selling the sites to single family developers who can afford to build on steep slopes on narrow streets in the hills of the Town. Proceeds from the sales could then be used for the affordable housing fund. The Town is putting together a report to understand how to best utilize the town owned sites to benefit affordable housing if developing them is not an option.
Units n/a
ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.
Table D
Program Implementation Status pursuant to GC Section 65583 Exhibit 1
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1-D: Shopkeeper Housing Five shopkeeper units by 2031 Adopt code amendments by Q3 2025 Complete: Code amendments adopted in 2023 Completed Complete: Code amendments adopted in 2023 Other https://townoffairfaxca.gov/recent-ordinances/ 1-E: Live-Work Units Five live-work units by 2031 Adopt code amendments by Q3 2025 Complete: Code amendments adopted in 2023 Completed Complete: Code amendments adopted in 2023 Other https://townoffairfaxca.gov/recent-ordinances/ 1-F: Home Sharing and Tenant Matching
10 home sharing matches over planning period
Promote Home Sharing Program events starting Q3 2023, may be combined with ADU/JADU events Fairfax participates with Marin County in the countywide homesharing program. Staff has handed out brochures and flyers at the Town farmer's market in 2024 about the Home Match program.
Continuous
Fairfax participates with Marin County in the countywide homesharing program. Staff has handed out brochures and flyers at the Town farmer's market in 2024 about the Home Match program.
Other https://townoffairfaxca.gov/housing/
1-G: Innovative and 'NonTraditional' Forms of Housing
Increase opportunities for innovative housing types Ongoing Adopted building codes to allow for deviations from certain code provisions to allow for tiny homes. Updated zoning ordinance to allow for new housing types consistent with State law Continuous
Adopted building codes to allow for deviations from certain code provisions to allow for tiny homes. Updated zoning ordinance to allow for new housing types consistent with State law Other n/a
1-H: ADU/JADU Awareness
Outreach, including newletters, pop ups, and seminars, will be conducted quarterly following program inception with the aim of issuing 20 ADU/JADU construction permits annually over the planning period Launch program in Q4 2023 with updates via Annual Progresss Report to HCD The Town is participating with other Marin County jurisdictions to join the ADU Center. Staff have tabled at the Town farmer's market to educate the public on local and state ADU rules. Staff has participated in virtual presentations to the public on local and State rules. The Town has published materials for ADU awareness and education on its website.
Continuous
The Town is participating with other Marin County jurisdictions to join the ADU Center. Staff have tabled at the Town farmer's market to educate the public on local and state ADU rules. Staff has participated in virtual presentations to the public on local and State rules. The Town has published materials for ADU awareness and education on its website.
Units 5 https://townoffairfaxca.gov/housing/
1-I: Pre-Approved ADU Floor Plans
Construction of 20 new ADUs in Fairfax annually over the planning period Solicit floor plans by Q2 2024; Pre-approve selection by end of Q3 2024 The Town is participating with other Marin County jurisdictions to join the ADU Center for the purpose of meeting this requirement. On the Town website, there is a page dedicated to the Pre Approved Design Program.
In Progress
The Town is participating with other Marin County jurisdictions to join the ADU Center for the purpose of meeting this requirement. On the Town website, there is a page dedicated to the Pre Approved Design Program.
Other n/a
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1-J: Technical Assistance Construction of 20 new ADUs in Fairfax annually over the planning period Launch program in Q4
2023 with updates via Annual Progress Report to HCD; checklist and handouts will be ready at inception; target to provide 100 site assessments annually throughout the period after inception
The Town is participating with other Marin County jurisdictions to join the ADU Center.
In Progress
The Town is participating with other Marin County jurisdictions to join the ADU Center.
Units 5 https://townoffairfaxca.gov/housing/
1-K: Fee Discounts Construction of 20 new ADUs in Fairfax annually over the planning period Update Town Code to enact incentives by January 31, 2024 Town provides a fee discount for ADU plan review (1/2 the cost). Completed Town provides a fee discount for ADU plan review (1/2 the cost). Units 5 https://townoffairfaxca.gov/housing/ 1-L: Financial Assistance Program
Creation of 32 new ADUs/JADUs for lower income households over the planning period Identify lending partners by Q3 2024; launch program in Q2 2025 The Town is planning on reaching out to Redwood Credit Union to discuss how to better connect residents to their programs and products. Staff have directed interested members of the public to them when they have expressed interest in finding different funding sources to build their ADUs.
In Progress
The Town is planning on reaching out to Redwood Credit Union to discuss how to better connect residents to their programs and products. Staff have directed interested members of the public to them when they have expressed interest in finding different funding sources to build their ADUs.
Units 5 https://townoffairfaxca.gov/housing/
1-M: Zoning Incentives for ADUs/JADUs Zoning incentives for ADUs/JADUs Update Town Code to enact incentives by January 31, 2024 Complete: Code amendments adopted in 2023
Completed Complete: Code amendments adopted in 2023 Units 5 https://townoffairfaxca.gov/recent-ordinances/ 2-A: Workforce Housing Overlay
159 moderate and lower income RHNA units by 2030
Adopt Workforce Housing Overlay by January 31, 2024
Complete: Code amendments adopted Completed
Complete: Code amendments adopted Other 41 https://townoffairfaxca.gov/recent-ordinances/ 2-B: Rezoning Sites from Prior Inventories
159 moderate and lower income RHNA units by 2030
Complete rezoning by January 31, 2024
Complete: Code amendments adopted Completed Complete: Code amendments adopted Other https://townoffairfaxca.gov/recent-ordinances/ 2-C: Establish Objective Design and Development Standards Design and development standards that fully comply with the requirements of State law including the Housing Accountabiltiy Act.
Zoning Code amendments drafted by end of 2023 for review and adopted by Town Council by January 2024 Complete: Code amendments adopted Completed Complete: Code amendments adopted Other https://townoffairfaxca.gov/recent-ordinances/ 2-D: Standards for Low Impact Clustered Residential Development on Large Sites Land use regulations and standards for low impact clustered residential development that expand opportunities for market rate housing Zoning Code amendments drafted by end of 2023 for review and adopted by Town Council by January 2024 Complete: Code amendments adopted Completed Complete: Code amendments adopted Other https://townoffairfaxca.gov/recent-ordinances/ 2-E: Affordable Housing Density Bonus Zoning consistent with State Law Complete rezoning by January 31, 2024 Complete: Code amendments adopted Completed Complete: Code amendments adopted Other https://townoffairfaxca.gov/recent-ordinances/ 2-F: Inter-Jurisdictional Planning for Housing
Coordination with other jurisdictions on housing matters Ongoing The Town participates with other Marin County jurisdictions at monthly Housing Working Group meetings. It has contributed funds to projects like developing an in-lieu fee calculator for jurisdictions to share.
Continuous
The Town participates with other Marin County jurisdictions at monthly Housing Working Group meetings. It has contributed funds to projects like developing an in-lieu fee calculator for jurisdictions to share.
Other n/a
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2-G: Processing and
Permit Procedures
Facilitation of 78 moderate income units and 235 above moderate income units during the planning period Complete rezoning by January 31, 2024
Complete: Code amendments adopted Completed Complete: Code amendments adopted Other https://townoffairfaxca.gov/recent-ordinances/ 2-H: Subdivision Requirements
Recommend programs for minimizing construction cost for low-andmoderate-income housing Complete subdivision amendments, checklists, and recommendations for changes to impact fees by January 31, 2024 Intend to intiate in 2025 Not Yet Started Intend to intiate in 2025 Other n/a 2-I: Building and Construction Code Requirements
Recommend programs for minimizing housing expenses for low-andmoderate-income residents End of Q1 each year of the planning period, with reporting through Annual Progress Reports The Town promotes BayREN and Electrify Marin rebates to residents. Increased incentives are available for low-income residents to install electric appliances and energy efficiency upgrades like air sealing and insulation. The Town is also targeting LMI households through a pilot home electrification program with ReadySetReplace for the installation of electric appliances.
Continuous
The Town promotes BayREN and Electrify Marin rebates to residents. Increased incentives are available for low-income residents to install electric appliances and energy efficiency upgrades like air sealing and insulation. The Town is also targeting LMI households through a pilot home electrification program with ReadySetReplace for the installation of electric appliances.
Other https://townoffairfaxca.gov/cut-your- emissions-at-home/ 2-J: Focused Geologic Study in the Town Center Area
Facilitate development of 159 units in Town Center over the planning period Release RFP in Q2 2024; complete study by end of Q4 2024; incorporate appropriate development standards into Town Code by Q3 2025 Intend to intiate in 2025 Not Yet Started Intend to intiate in 2025 Other n/a 2-K: Revise Definition of Family
Remove potential constraints on housing for people with disabilities Amend Zoning Code by end of Q3 2024
Complete: Code amendments adopted Completed Complete: Code amendments adopted Other https://townoffairfaxca.gov/recent-ordinances/ 3-A: Zoning for Residential Care Facilities
Revised use regulations and development standards consistent with State law Complete rezoning by January 31, 2024
Complete: Code amendments adopted Completed Complete: Code amendments adopted Other https://townoffairfaxca.gov/recent-ordinances/ 3-B: Transitional and Supportive Housing Consistency with State law Complete rezoning by January 31, 2024 Complete: Code amendments adopted Completed Complete: Code amendments adopted Other https://townoffairfaxca.gov/recent-ordinances/ 3-C: Low-Barrier Navigation Center
Zoning provisions consistent with State law
Complete rezoning by January 31, 2024
Complete: Code amendments adopted Completed Complete: Code amendments adopted Other https://townoffairfaxca.gov/recent-ordinances/ 3-D: Provide Reasonable Accommodation
Zoning provisions consistent with federal and State law Complete rezoning by January 31, 2024
Complete: Code amendments adopted Completed Complete: Code amendments adopted Other https://townoffairfaxca.gov/recent-ordinances/ 3-E: Inclusionary Housing Program and Commercial Linkage Fee Adopt an inclusionary housing requirement and commercial linkage fee Adopt ordinance by end of Q4 2023
Complete: Code amendments and fee resolutions adopted in 2023 Completed
Complete: Code amendments and fee resolutions adopted in 2023 Other https://townoffairfaxca.gov/recent-ordinances/
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3-F: Tenant Protection
Enhance protections for 530 renteroccupied lower-income households experiencing cost burden in Fairfax Upon approval of staffing, hearings, software and outreach by the Town Council Staff posted information on its website on legal rights and duties of landlords and tenants prior to the repeal of local renter protection ordinances during the 2024 election. Now, staff is providing resources on State laws that replaced local laws related to tenant protections. A phone line is available to tenants who seek advice on housing issues in Fairfax.
Continuous
Staff posted information on its website on legal rights and duties of landlords and tenants prior to the repeal of local renter protection ordinances during the 2024 election. Now, staff is providing resources on State laws that replaced local laws related to tenant protections. A phone line is available to tenants who seek advice on housing issues in Fairfax.
Other https://townoffairfaxca.gov/housing/
3-G: Development and Replacement Unit Requirements
Protection of existing housing Beginning in Q1 2023 Provisions in place Completed Provisions in place Other n/a 3-H: Housing for Special Need Populations and Extremely Low Income Households 75 units affordable to ELI household, whether throught new construciton or preservation of existing naturally occurring affordable units Implementation
beginning in Q1 2024, with outreach to affordable developers conducted by end of Q4 2024 and annually thereafter in each year of the planning period
Affordable developers were contacted in Q2 2024 and it resulted in multiple tours of available sites in Town. Staff will perform another round of outreach in Q2 2025.
In Progress
Affordable developers were contacted in Q2 2024 and it resulted in multiple tours of available sites in Town. Staff will perform another round of outreach in Q2 2025.
Other https://townoffairfaxca.gov/housing/
3-I: Water and Sewer Priority Compliance with State law Within 2 weeks of adoption of Housing Element
Completed Completed Completed Other n/a
4-A: Affirmative Marketing of Affordable Housing Opportunities 149 Very Low and 86 Low income units by 2031
(a) Prepare materials by
Q3 2023; (b) prepare list of experienced developers and contact them by end of Q4 2023; (c) conduct outreach in Q1 2024 and annually thereafter
Intend to intiate in 2024 with Town's new housing specialist on staff Continuous
Intend to intiate in 2024 with Town's new housing specialist on staff Other n/a
4-B: Wide Acceptance of Housing Choice Vouchers
Conduct on event in Fairfax annually each year throughout the planning period Annually throughout the planning period starting in Q4 2023 Coordinating with Marin County staff to contract with Fair Housing Advocates of Northern California Continuous
Coordinating with Marin County staff to contract with Fair Housing Advocates of Northern California Other 1 n/a
4-C: Mediation and Enforcement
To assist 400 households during the planning period
Ongoing 2023-2031; (a) publish information by Q3 2023 and update annually as appropriate; (b) conduct one event in Fairfax annually each year throughout the palnning period starting in 2024.
Due to the recent repeal of a renter protection ordinance that called for a hearings process, the Town is working to contract with the County to offer mediation services.
In Progress
Due to the recent repeal of a renter protection ordinance that called for a hearings process, the Town is working to contract with the County to offer mediation services.
Other https://townoffairfaxca.gov/housing/
4-D: Anti-Discrimination and Fair Housing Training
Increase awareness of fair housing practices among real estate professionals and lenders Contact non-profit groups by Q4 2023; annual coordination on support activities throughout the planning period.
Coordinating with Marin County staff to contract with Fair Housing Advocates of Northern California Continuous
Coordinating with Marin County staff to contract with Fair Housing Advocates of Northern California Other 1 n/a
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4-E: Support for
Individuals with Disabilities
25 percent increase in participation in Marin CIL programs and services by Fairfax residents (2023-31) Annually throughout the planning period starting in Q4 2023 Staff is working on establishing a relationship with Marin CIL In Progress
Staff is working on establishing a relationship with Marin CIL Other n/a
4-F: Fair Housing Information
Provide and regularly maintain information
Prepare informational materials and post to Town website by end of Q4 2023; update annually thereafter Complete/ongoing: Informational materials posted to Town website on Housing page Continuous
Complete/ongoing: Informational materials posted to Town website on Housing page Other https://townoffairfaxca.gov/housing/
4-G: Disavowal of Racially Restrictive Covenants
Participation of 50 homeowners in County program by 2031 Post information to Town website and send enewsletter by end of Q1 2024; annually each year of the planning period thereafter Complete/ongoing: Informational materials posted to Town website on Housing page and newsletter item sent out Completed
Complete/ongoing: Informational materials posted to Town website on Housing page and newsletter item sent out Other https://townoffairfaxca.gov/housing/
5-A: Ensure Adequate Sites Available to Meet Town's Share of RHNA Conduct review and submit report to HCD as required
Complete review and submit report by April 1 of every year Report prepared for Town Council consideration in March 2025 Completed
Report prepared for Town Council consideration in March 2025 Other n/a
5-B: Annual Review Conduct review and submit report to HCD as required Complete report and submit report by April 1 of every year Report prepared for Town Council consideration in March 2025 Completed Report prepared for Town Council consideration in March 2025 Other n/a 5-C: ADU/JADU Monitoring
Track progress toward Sixth Cycle RHNA production goals ensure complaince with State Law (a) reporting with annual
report to HCD in April 2024; annually by April of each year thereafter (b) Q4 2026 for corrective action evaluation (if needed)
Report prepared for Town Council consideration in March 2025 Completed
Report prepared for Town Council consideration in March 2025 Other n/a
5-D: Staff Housing Specialist RHNA compliance
Initiate candidate search in Q3 2023 with the intent of identifying a candidate and making an offer by end of Q2 2024.
Complete: candidate hired Completed Complete: candidate hired Persons 1 n/a 8 of 10
Town of Fairfax
Resolution No. 26-XX
Exhibit 2
Progress Report on RHNA, Housing Element,
6th Cycle, 2023-31
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1 Projection
Period 34
RHNA Allocation
by Income Level
Projection
Period -
06/30/2022-
01/30/2023
2023 2024 2025 2026 2027 2028 2029 2030 2031
Total Units
to Date (all
years)
Total
Remaining
RHNA by
Income Level
Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - - - - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted - - - - - - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted - 2 - - - - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted 3 2 2 14 - - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted 3 2 - - - - - - - - Above Moderate 184 2 - - 1 - - - - - - 3 181
490
8 6 2 15 - - - - - - 31 459
Acutely Low - -
Total Units
66 Total RHNA
-
65 Low
Extremely Low -
5 Moderate
149
86 71
21 2
Income Level
Very Low
- -
2 Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
147
Exhibit 2
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