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2001 11 27 PC Minutes MINUTES PLANNING COMMISSION MEETING A regular meeting held at the La Quinta City Hall 78-495 Calle Tampico, La Quinta, CA November 27, 2001 7:00 P.M. I. CALL TO ORDER A. This meeting of the Planning Commission was called to order at 7:00 p.m. by Chairman Abels who asked Commissioner Kirk to lead the flag salute. B. Present: Commissioners Richard Butler, Tom Kirk, Robert Tyler, and Chairman Jacques Abels. It was moved and seconded by Commissioners Kirk/Butler to excuse Commissioner Robbins. Unanimously approved. C. Staff present: Community Development Director Jerry Herman, Assistant City Attorney John Ramirez, Planning Manager Christine di Iorio, Interim City Engineer Steve Speer, and Planning Consultant Nicole Criste. II. PUBLIC COMMENT: III. CONFIRMATION OF THE AGENDA: A. It was moved and seconded by Commissioners Tyler/Kirk to reorganize the agenda to take Public Hearing Item #E first. Unanimously approved. IV. CONSENT ITEMS: B. Chairman Abels asked if there were any corrections to the Minutes of November 13, 2001. Commissioner Tyler asked that Page 3, be amended to reflect the comments made by Commissioners Butler and himself regarding the status of the pool. Page 5, amended to reflect his comments on the inadequate amount of parking. There being no further corrections, it was moved and seconded by Commissioners Kirk/Butler to approve the minutes as corrected. Unanimously approved. C. Department.Report: None V. PRESENTATIONS: None. G:\WPDOCS\PC Minutes\PC 11-27-01 .wpd Planning Commission Minutes November 27, 2001 VI. PUBLIC HEARING: A. Environmental Assessment 99-387, General Plan Amendment 99-063, Zone Change 99-091, Specific Plan 99-039, and Site Development Permit 99-659; a request of Point Happy Ranch LLC for: 1) Certification of an Environmental Impact Report; 2) Change of General Plan Land Use Designation from Medium Density Residential to Office Commercial for five acres of the 43 + acre site and from Low Density Residential to Medium Density Residential for 11.55 acres for 62 villas; 3) Change of Zone Designation from Medium Density to Office Commercial for five acres of the 43 + acre site and from Low Density Residential to Medium Density Residential; 4) Specific Plan for design guidelines and development standards for a senior care residential project and two commercial buildings on the 43+ acre site; and 5) Review of architectural and landscaping plans for senior care units consisting of 62 one story high independent living villa units in duplex to 4-plex configurations with a two story club building, and 310 rooms for assisted living, independent living and continuing care in two 2 to 3 story high buildings, a one story high maintenance building, two commercial office buildings (two stories high)' with a total of 44,000 square feet of floor area and a 9,500 square foot one story high project administration building, for the property located on the west side of Washington Street, south of Highway 111. 1. Chairman Abels opened the public hearing and asked for the staff report. Planning Manager Christine di Iorio presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Abels asked if there were any questions of staff. Commissioner Tyler asked if the palms trees shown on the site plan represented what was actually there. Staff stated yes. 3. Commissioner Butler asked what the elevation difference was between the project and the existing homes. Staff stated the elevation was 67 feet and the top of the existing berm is 76.5 feet. The elevations proposed are in accordance with the grading plan. Discussion followed regarding the grading and pad elevations of the site. 4. Commissioner Kirk questioned why he had not received the Draft Environmental Impact Report and asked if it was normal to receive the Final Environmental Impact Report (EIR) this early in the process. Staff stated the Commission had asked to receive the G:\WPDOCS\PC Minutes\PC 11-27-01 .wpd ~- Planning Commission Minutes November 27, 2001 Final EIR before making a recommendation. Commissioner Kirk asked if there was a public hearing on the Draft EIR and if comments would be taken on the Draft as well as the Final EIR. Staff stated the comment period had ended and therefore comments could not be taken on either. Commissioner Kirk asked why the drainage was not being retained on site. Interim City Engineer Steve Speer explained that at Washington Street and' Singing Palms it is the high point. Anything north of Singing Palms drains to the channel and anything south of the Singing Palms drains south. This site, as it is high enough, could drain into the existing storm drain and they are conditioned to purchase the capacity to do this. Commissioner Kirk asked if the EIR looked at the alternative of building this site out with the current zoning and General Plan designation and if this would create more or less traffic generated as opposed to the proposed land use. If the applicant did not request these changes to the General Plan and Zoning Code, presumably they could come forward and build out the project under the current General Plan and Zoning and that would have some kind of an impact; is that greater or less than what is proposed at this time. Staff stated this proposal will generate more traffic than the existing zoning; about 1,600 more trips a day. Commissioner Kirk asked if the proposed villas would be 60 feet from the existing homes. Staff indicated where they were to be constructed. Commissioner Kirk asked if the property were to be developed under the existing zoning, how close could the homes be built to the existing properties. Staff stated 20 feet. Commissioner Kirk noted the proposed villas are 40 feet further from the existing homes than they could be under the existing zoning. 5. Commissioner Tyler asked staff to again explain the traffic as what was stated seemed inconsistent. In the Alternative Section 6.0-5 under the existing General Plan Alternative, it states the number of trips would be a 29% decrease and on Section 8 it states something different. Interim City Engineer Steve Speer explained that if the project was built out in accordance with the existing zoning and General Plan it would be a decrease of 700 trips per day. The all residential Low Density was another alternative, but would be less than what the current General Plan allows. The current General Plan designation would allow 1,766 trips a day and the proposed would allow 2,494 trips. This is based on using the Specialty Commercial trip generation G:\WPDOCS\PC Minutes\PC11-27-O1 .wpd 3 Planning Commission Minutes November 27, 2001 classification which generates more trips than if the office trip generation classification was used. It appears they have identified the wrong category to generate their traffic impacts. 6. Commissioner Kirk asked staff to explain the third overriding consideration in the staff report. Planning Manager Christine di Iorio stated it could be removed as it was not worded correctly. Commissioner Kirk pointed out that in Exhibit B under C. Significant and Unavoidable Impacts, Utilities and Service Systems there is reference to a golf course that should be removed. 7. Commissioner Butler asked when the zoning is changed on a piece of property that is unique because of the use, how do you make a distinction between the two as a comparison, because this type of use obviously would have fewer vehicles. Staff stated the traffic study accounts for this and the parking count is lower under the Zoning Code. Commissioner Butler stated Commissioner Kirk's comments seem to state that it appears the traffic study does not show this and he questions this. He asked about the emergency access being used for vehicles moving furniture, etc. Staff stated this would be corrected to read "emergency access only". Interim City Engineer Steve Speer went on to explain the traffic study. Discussion followed regarding the traffic study. 8. Commissioner Tyler questioned a "second non-visitor gated access on the north property line". Staff clarified it gave access to the house on the hill. It did not open to the shopping center to the north. Commissioner Tyler stated his concern about the parking. The assumption that the people living in the villas will not be driving seems erroneous and therefore the parking may not be adequate. Staff stated the applicant could address this. Commissioner Tyler questioned how the minimum lot size could be 1,500 square feet and the minimum living area including garages is 1,650 square feet. Staff explained this was probably where they were proposing a smaller attached unit, four-plexes. Commissioner Tyler asked if there was a need to condition the project to have a deceleration/acceleration lane to help with the traffic. Staff stated a deceleration lane would make sense, but acceleration lanes do not function well on Arterial streets. Washington Street will eventually be three lanes to help with the traffic. G :\WPDOCS\PC Minutes\PC 11-27-01.wpd 4 Planning Commission Minutes November 27, 2001 9. Chairman Abels asked staff to explain the access to the project when traveling north on Washington Street. Staff stated that if you were coming from the south, you would have to make a u- turn at Washington Street and Highway 111. By adding the third south-bound lane, it will allow more room to make the turn. 10. Chairman Abels asked if the applicant would like to address the Commission. Mr. Robert Sundstrom, Sundstrom Companies, the general partner of the Point Happy LLC, gave a presentation on the project. The emergency access would be for emergency vehicles only. The access on the north is to allow a more direct access for the house on the hill so it does not have to go through the security gates and also to have a second point of access for the delivery trucks. The lot size should be 1,650 square feet to match the unit size. 11. Chairman Abels asked if there were any questions of the applicant. Commissioner Tyler asked what would happen to the DuPont house. Mr. Sundstrom stated that currently it is proposed to be retained by the owner of the property. 1 2. Chairman Abels asked if there was any other public participation. Ms. Amy Heglund, 46-285 Washington Street, stated her concern was the traffic and questioned whether adding another lane to Washington Street was enough to handle the added traffic. Second, the environment; what will happen to the wildlife habitat? 13. Mr. Robert Daniels, 46-485 Cameo Palms, stated his concern is the lighting. What areas would be lit? Also, if these structures are going to be as tall as indicated they will block his view of the mountains which will affect him aesthetically. This is an assisted care facility which will have nurses, doctors, technicians, deliveries, etc., and many more people than in a retirement community which will greatly affect the traffic. 14. Mr. Haig ShannaZarian, 78-350 Crestview Terrace, stated he concurred with Mr. Daniels' comments and will set the stage for their community to be squeezed out by changing the density classifications. G:\WPDOCS\PC Minutes\PC 11-27-01 .wpd -~ Planning Commission Minutes November 27, 2001 15. Mr. David Lagman, 46-885 Highland Palms, stated his concerns were that seniors do drive, and the medical and bio-hazardous waste that could be going down the street, and lastly the office complexes will have speech therapy, physical therapy and doctors. This will greatly increase their traffic. 16. Ms. Rebecca Shields, 46-886 Highland Palms, stated she has been a La Quinta resident since 1982 and believes this project will greatly increase the traffic due to all the support staff that will be needed. Another concern is the wildlife that will be affected by this project. Even with a deceleration/acceleration lane it will still affect the traffic at this site. 17. Mr. David Orme, 78-510 Singing Palms, stated he objects to this project because the mountain behind this project is unstable. In addition, it is his understanding this area is a bird sanctuary and it should be investigated before this project goes further. Also, the traffic will be greater than what has been stated. 18. Mr. Robert Cox, 78-315 Crestview Terrace, stated he has lived in La Quinta for 25 years and chose this location to have a quiet neighborhood. The neighborhood was not designed for high density. Also, if the project is to be six feet higher than they are, how can they guarantee the water will drain to Washington Street? 19. Mr. Alan Pollock, 78-435 Sandflower Place, thanked the Commission for taking the time to consider their concerns. Some of his concerns are the drainage, the security of the area, and traffic. He would like to request that a gate be installed to maintain their security. 20. Mr. Hovak Najarian, 78-395 Palm Garden Place, stated his concerns are the elevation differences, the height of the wall, the height of the buildings, noise, and the traffic. 21. Dr. Sebastian Campagna, 78-340 Singing Palms Drive, stated his concern was three story commercial buildings will back up to his property. Second, where is everyone going to park. This is a 310 room hospital. This should be a Iow density project that will not destroy this area. G:\WPDOCS\PC Minutes\PC 11-27-O1.wpd {~ Planning Commission Minutes November 27, 2001 22. Mr. J. David Howard, 46-910 Highland Palms, stated his concerns had been expressed by the other speakers. 23. Mr. James Carpenter, 78-550 Singing Palms Drive, stated he finds it appalling that they would consider opening a commercial business behind his home. 24. Mr. Greg Cockerill, 78-355 Crestview Terrace, stated his concern was where the construction entrance will be. As he envisions it, all the construction traffic will have to go down his street as it will not be allowed to enter from Washington Street. 25. Ms. Margaret Najarian, 78-395 Palm Garden Place, stated her lot is Iow and will be greatly affected by the wall that will be constructed. They have been there for 25 years and watched the development of the area. Please consider the quality of life of the residents of La Quinta and not just the money. 26. Ms. Karen Elem, 46-945 Highland Palms Drive, stated she is concerned with the parking as the church parking is now flowing over into their neighborhood. This project will also affect their community and they will be overrun with cars. 27. Mr. James Amencha, 78-390 Cameo Dunes, stated his home will back up to the villa garages. With the traffic as it is, it is almost impossible to get out of the Plaza La Quinta Center. He would invite the Commission to come to their community and see what they are talking about. 28. There being no further public participation, Chairman Abels closed the public participation portion of the hearing and opened the matter for Commission discussion. Chairman Abels recessed the public hearing at 8:55 p.m. and reconvened at 9:03 p.m. 29. Following discussion, it was moved and seconded by Commissioners Butler/Tyler to continue the public hearing to January 8, 2001, with the following items to be addressed by staff: A. Review the view analysis from the project. B. A new traffic study be completed. C. Determining the location of the construction entrance. G:\WPDOCS\PC Minutes\PC 11-27-01 .wpd 7 Planning Commission Minutes November 27, 2001 30. Staff informed the Commission that the EIR has a mitigation measure that does not allow any lighting of the hillside area and it requires Iow level lighting throughout the project. In addition to the mitigation measures, the Zoning Code does not allow for any glare or lighting to extend off the property boundaries. With regard to rock fall, there was a rock fall analysis prepared and is a part of the EIR. Staff will look into the bird sanctuary as it was not addressed by the Department of Fish and Wildlife or Fish and Game. In regard to the access, there will be a left turn access. 31. Commissioner Tyler thanked everyone for attending and providing their comments. In regard to the noise and hours of operation for the construction of the project, as expressed by the residents, he wanted to assure everyone they are uniform for the entire City and not unique to this project. 32. Commissioner Kirk concurred with Commissioner Tyler and pointed out that the applicant has done a nice job with the architecture and site planning. There may be some issues with viewshed, traffic, and other components expressed by the community, but this is a good project and he commends the applicant on his proposal. Unanimously approved. B. Site Development Permit 2001-717; a request of KSL Development Corporation for review of architectural and landscaping plans for a Merchant Builder Welcome Center in PGA West to be located at the southeast corner of PGA Boulevard and Avenue 54 at the entrance of PGA West. 1. Chairman Abels opened the public hearing and asked for the staff report. Planning Manager Christine di 'lorio presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Abels asked if there were any questions of staff. Commissioner Tyler asked if any of these modular units were part of the ones vacated inside PGA West. Staff stated the applicant would have to answer that. Commissioner Tyler stated that if this was to be a temporary use, it should be given a time limit. G:\WPDOCS\PC Minutes\PC 11-27-01 .wpd 8 Planning Commission Minutes November 27, 2001 3. Commissioner Butler asked what the original use was for this site. Staff clarified it was originally zoned commercial and then approved for a tract map. Commissioner Kirk asked how much turf was proposed for the site. Staff stated the applicant could address this. 5. Chairman Abels asked if the applicant wanted to address the Commission. Mr. Bill Dodds, KSL Corporation, gave a presentation on the project. In regard to the turf area, they are proposing 5,000 square feet. 6. Commissioner Tyler stated he is reluctant to approve modular units, but if it looks as good as the corporate office, he has no objection. In regard to a time period, does the applicant have a suggestion? Mr. Dodds stated they needed flexibility in regard to this as they still have over 800 units to sell and estimating 200 units a year, that Would be a four year buildout. -- 7. Commissioner Kirk also commended KSL on their corporate offices and stated the landscaping hopefully would soften the look. Mr. Dodd stated the site will be heavily landscaped. 8. Chairman Abels asked if anyone else would like to speak regarding this project. There being no further discussion, the public participation portion of the hearing was closed and open for Commission discussion. 9. There being no further discussion, it was moved and seconded by Commissioners Kirk/Butler to adopt Planning Commission Resolution 2001-1 43, approving Site Development Permit 2001- 717, as amended: A. The permit shall expire November 27, 2005, unless an extension is applied for and granted by' the Planning Commission. ROLL CALL: AYES: Commissioners Butler, Kirk, Tyler, and Chairman Abels. NOES: None. ABSENT: Commissioner Robbins. ABSTAIN: None. G:\WPDOCS\PC Minutes\PC 11-27-01 .wpd ~) Planning Commission Minutes November 27, 2001 C. Site Development Permit 2001-718; a request of Sedona Homes, Inc. for review of architectural and landscaping plans for three new prototype residential units with three facades each located at the southeast corner of Eisenhower Drive and Avenue 50 in Tract 301 25. 1. Chairman Abels opened the public hearing and asked for the staff report. Planning Manager Christine di Iorio presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Abels asked if there were any questions of staff. Commissioner Tyler asked about the elongated detail that protrudes above the roof line as it should have a window. Also, the condition of the Architecture and Landscaping Review Committee requiring wrought iron gates should be added. 3. Chairman Abels asked if the applicant would like to address the Commission. Mr. Lance Alacano, representing Sedona Homes gave a presentation on the project. 4. Chairman Abels asked if anyone else would like to speak regarding this project. There being no further discussion, the public participation portion of the hearing was closed and open for Commission discussion. 5. There being no further discussion, it was moved and seconded by Commissioners Tyler/Butler to adopt Planning Commission Resolution 2001-144, approving Site Development Permit 2001- 718, as amended: A. Condition //4: Side entry gates shall be wrought iron. ROLL CALL: AYES: Commissioners Butler, Kirk, Tyler, and Chairman Abels. NOES: None. ABSENT: Commissioner Robbins. ABSTAIN: None. Village Use Permit 201-013; a request of La Quinta Grill for review to allow the use and review of development plans for three office buildings adjacent to an existing restaurant site located on the east side of Avenida Bermudas, between Calle Cadiz and Calle Barcelona. 1. Commissioner Kirk excused himself due to a possible conflict of interest due to the proximity of his residence and left the dias. G:\WPDOCS\PC Minutes\PC 11-27-01 .wpd ] 0 ,.- Planning Commission Minutes November 27, 2001 2. Chairman Abels opened the public hearing and asked for the staff report. Planning Consultant Nicole Criste presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 3. Commissioner Tyler asked why the power lines refer to 92KV. Interim City Engineer Steve Speer stated staff was trying to point out that all existing aerial lines need to go underground except for those attached to 92KV poles. 4. Chairman Abels asked why the Eucalyptus tree is being removed. 5. Chairman Abels asked if the applicant would like to address the Commission. Mr.. Stewart Woodard, AIA, representing the applicant, stated the intent was to retain the type of architecture that currently exists with the restaurant, bring it into scale with the restaurant, and to retain as much of the landscaping as possible. Most, if not all of the trees would be retained. 6. Commissioner Tyler asked if the existing single family residence would be razed east of the restaurant. Mr. Woodard stated the older structure would be torn down. Commissioner Tyler asked if the perimeter wall would be retained. Mr. Woodard stated it would be retained. 7. Chairman Abels asked if anyone else would like to speak regarding this project. There being no further discussion, the public participation portion of the hearing was closed and open for Commission discussion. 8. There being no further discussion, it was moved and seconded by Commissioners Butler/Tyler to adopt Planning Commission Resolution 2001-145, approving Site Development Permit 2001- 718, as recommended. ROLL CALL: AYES: Commissioners Butler, Kirk, Tyler, and Chairman Abels. NOES: None. ABSENT: Commissioner Robbins. ABSTAIN: None. Commissioner Kirk rejoined the Commission. G:\WPDOCS\PC Minutes\PC11-27-O1 .wpd ] 1_ Planning Commission Minutes November 27, 2001 E. Environmental Assessment 2001-435 and Tentative Tract Map 30331; a request of Santa Properties and Development, LLC for certification of a Mitigated Negative Declaration of Environmental Impact and review of a request to subdivide 5.1 acres into seven residential lots located on the north side of Avenue 50 and west of Jefferson Street. 1. Chairman Abels opened the public hearing and asked for the staff report. Planning Consultant Nicole Criste presented the information contained in the staff report, a copy of which is on file in the Community Development Department. 2. Chairman Abels asked if there were any questions of staff. Commissioner Butler asked staff to explain the pad height and elevation of the lots. Staff explained the pad heights and how the height to which the lots would be filled. 3. Commissioner Tyler asked staff what would be constructed on the west side of this tract. Staff stated it was the approved Oliphant tract. Commissioner Tyler asked if there was a full turning movement with a signal on Avenue 50 from the exit of Tract 29053. Staff explained the signalized turn movement would match up with the Palmilla project on the south side of Avenue 50. Commissioner Tyler asked what the distance was from the exit for Tract 30331 and the signal. Interim City Engineer Steve Speer stated it was 190 feet. Commissioner Tyler asked if the cul-de-sac met the Fire Department requirements. Staff stated the Fire Department did not have any issues. 4. Commissioner Kirk questioned why there were mitigation measures for Air Quality when no impacts were identified. Should the policy be that there only be a mitigation measure for areas where we have impacts. Assistant City Attorney John Ramirez stated yes, mitigation monitoring is required to mitigate impacts, and if there is no impact there is no need for a monitoring plan. Planning Consultant Nicole Criste stated those are no longer included in the Monitoring Plan, however with Air Quality there is in the General Plan EIR a statement of overriding consideration because the air quality impacts for buildout were in excess of acceptable standards, therefore, additional mitigation was suggested to be included in the PM10 Plan to help reduce the impacts. Staff can eliminate those suggested mitigation measures if it is the Commission's desire. Commissioner Kirk stated that since there were no impacts, they should be removed. Also, under Cultural Resources there are impacts that should be G:\WPDOCS\PC Minutes\PC 11-27-01 .wpd ] 2 Planning Commission Minutes November 27, 2001 mitigated and are not. Planning Manager Christine di Iorio stated a Phase II study was conducted which mitigated the impacts. No mitigation measures were needed because the study showed the site to be negative. Staff will change the check mark to no impacts. At the time the Initial Study is completed the studies are not. completed therefore, the impacts are identified. Once the studies were completed, the areas that are mitigated are identified in the studies. Commissioner Kirk questioned the inconsistencies between the staff report that states there are no impacts and the Checklist which lists potentially significant impacts unless mitigated. Assistant City Attorney John Ramirez stated this is an issue from a practical standpoint of which comes first. He would agree that to the extent the Checklist should always agree with the substance of analysis for the underlying Checklist. He also . understands staff's view point that when you complete the Checklist you do not have the studies to confirm or deny what mitigation is needed. His recommendation would be that since the Initial Study is the initial study, including both the Checklist and the substance of the analysis, that if in fact the analysis concludes no impact the box should be checked accordingly. It is not a difference of opinion, these are the ultimate conclusions and what drives the box in the Checklist. 5. Chairman Abels asked if the applicant would like to address the Commission. Mr. Lloyd Watson, engineer for the project, gave a presentation on the project and stated they agreed with the conditions as recommended by staff. 6. Chairman Abels asked if there were any questions of the applicant. Commissioner Kirk asked if they were intending to allow parking on both sides of the street or restrict one side. Mr. Watson stated parking on one side. 7. There being no further questions of the applicant, Chairman Abels asked if anyone else would like to speak regarding this project. There being no further discussion, the public participation portion of the hearing was closed and open for Commission discussion. -- 8. There being no discussion, it was moved and seconded by Commissioners Kirk/Tyler to adopt Planning Commission Resolution 2001-146, certifying a Mitigated Negative Declaration of Environmental Impact for Environmental Assessment 2001-435, as modified: G:\WPDOCS\PC Minutes\PC11-27-01 .wpd ! 3 Planning Commission Minutes November 27, 2001 A. Eliminating the Air Quality measures from the Monitoring Program. B. Amending the Checklist for both Air Quality and Cultural Resources to reflect no impact. ROLL CALL: AYES: Commissioners Butler, Kirk, Tyler, and Chairman Abels. NOES: None. ABSENT: Commissioner Robbins. ABSTAIN: None. 9. It was moved and seconded by Commissioners Kirk/Butler to adopt Planning Commission Resolution 2001-147, approving Tentative Tract Map 30331, as recommended. ROLL CALL: AYES: Commissioners Butler, Kirk, Tyler, and Chairman Abels. NOES: None. ABSENT: Commissioner Robbins. ABSTAIN: None. VII. BUSINESS ITEMS: None VIII. CORRESPONDENCE AND WRITTEN MATERIAL: None. IX. COMMISSIONER ITEMS: A. Commissioner Tyler gave a report on the City Council meeting of November 6, 2001. B. Chairman Abels reminded the Commission of the joint meeting with the City Council on December 5, 2001, at 6:00 p.m. X. ADJOURNMENT: There being no further business, it was moved and seconded by Commissioners Tyler/Butler to adjourn this regular meeting of the Planning Commission to the next regular meeting of the Planning Commission to be held December 11, 2001, at 7:00 p.m. This meeting of the Planning Commission was adjourned at 9:50 p.m. on November 27, 2001. Respectfully submitted, City of L~q~uinta, California G:\WPDOCS\PC Minutes\PC11-27-01 .wpd ]4