CC Resolution 1990-063^#= CITY COUNCIL RESOLUTION 90-63
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA, CALIFORNIA,
ANNOUNCING FINDINGS, CONFIRMING THE
ENVIRONMENTAL ANALYSIS AND APPROVING
TENTATIVE TRACT NO.25953, TO ALLOW THE
CREATION OF A LAND SALES SUBDIVISION ON
A +38 ACRE SITE.
CASE No. TT 25953 THOMAS F. SCHMIDT
WHEREAS, the Planning Commission of the City of La
Quin*a, California, did, on the 26th day of June, 1990, hold a
duly-noticed Public Hearing to consider the request of Thomas
F. Schmidt to subdivide +38 acres into single-family
development lots for sale, generally located on the northwest
corner of Miles Avenue and Dune Palms Road, more particularly
described as:
THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER QUARTER OF
SECTION 20, TOWNSHIP 5 SOUTH, RANGE
7 EAST, SAN BERNARDINO BASE AND
MERIDIAN;
WHEREAS, the City Council of the City of La Quinta,
California, did, on the 31st day of July, 1990, hold a
duly-noticed Publlc Hearing to consider the Applicant's request
and recommendation of the Planning Commission concerning the
environmental analysis and Tentative Tract Map No. 25953; and,
WHEREAS, said tentative map has complied with the
requirements of The Rules to Implement the California
Environmental Quauty Act of 1970" County of Riverside,
Resolution No. 82-213, adopted by reference in City of La
Quinta Ordinance No. 5), in that the Planning Director
conducted an initial study, and has determined that the
proposed tentative tract will not have a significant adverse
impact on the environment; and,
WHEREAS, mitigation of various physical impacts
have been identified and incorporated into the approval
conditions for Tentative Tract 25953, thereby requiring that
monitoring of those mitigation measures be undertaken to assure
compliance with them; and,
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^#= WHEREAS, at said Public Hearing) upon hearing and
considering all testimony and arguments, if any, of all
interested persons desiring to be heard, said City Council did
find the following facts to justify approval of said tentative
tract map:
1. That Tentative Tract No. 25953, as conditionally
approved, is generally consistent with the goals)
policies and intent of the La Quinta General Plan
for land use density, unit type, circulation
requirements, R-1 zoning district development
standards, and design requirements of the
Subdivision Ordinance
2. That the subject site has a rolling topography
because of the sand dunes with the east central
area being the lowest part of the site. The
proposed circulation design and single-family lot
layouts, as conditioned, are, therefore, suitable
for the proposed land division.
3. That the design of Tentative Tract Map No. 25953
may cause substantial environmental damage or
injury to the wildlife habitat of the Coachella
Valley Fringe-Toed Lizard, but mitigation measures
in the form of fees for a new habitat area will
lessen this impact.
4. That the design of the subdivision, as
conditionally approved, will be developed with
public sewers and water, and, therefore, is not
likely to cause serious public health problems.
5. That the design of Tentative Tract Map No. 25953
will not conffict with easements acquired by the
public at large for access through the project,
since alternate easements for access and for use
have been provided that are substantially
equivalent to those previously acquired by the
public.
6. That the proposed Tentative Tract No. 25953, as
conditioned, provides for adequate maintenance of
the landscape buffer areas.
7. That the proposed Tentative Tract No. 25953, as
conditioned, provides storm water retention) park
facilities) and noise mitigation.
8. That general impacts from the proposed tract were
considered within the MEA prepared and adopted in
conjunct ion with the La Quinta General Plan.
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^#= WHEREAS, in the review of this Tentative Tract Map,
the City Council has considered the effect of the contemplated
action of the housing needs of the region for purposes of
balancing the needs against the public service needs of the
residents of the City of La Quinta and its environs with
available fiscal and environmental resources;
Now, THEREFORE, BE IT RESOLVED by the City Council
of the City of La Quinta, California, as follows:
1. That the above recitations are true and correct and
constitute the findings of the Council in this case;
2. That it does hereby confirm the conclusion of
Environmental Assessment No. 90-162 relative to the
environmental concerns of this tentative tract;
3. That it does hereby approve the subject Tentative
Tract Map No. 25953 for the reasons set forth in
this Resolution and subject to the attached
conditions.
PASSED, APPROVED, and ADOPTED at a regular meeting
of the La Quinta City Council, held on this 31st day of
July, 1990, by the following vote, to wit:
AYES: Councilmen Bohnenberger, Rushworth, Sniff & Mayor Pena
NOES: None
ABSENT: Councilwoman Bosworth
ABSTAIN: None
T ST: City of La Quinta, Ca ornia
AUNDRA L. JUHOL*ty Clerk
City of La Quinta, Califorma
APPROVED AS TO FORM:
DA N HONEYWELL*y1*ttorney
City of La Quinta, California
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^#= CITY COUNCIL RESOLUTION 90-63
CONDITIONS OF APPROVAL APPROVED
TENTATIVE TRACT 25953
JULY 31, 1990
*Revised
A. GENERAL CONDITIONS OF APPROVAL
1. Tentative Tract Map No. 25953 shall comply with the
requirements and standards of the State Subdivision
Map Act and the City of La Quinta Land Division
Ordinance, unless otherwise modified by the
following conditions.
2. This Tentative Tract Map approval shall expire two
years after the original date of approval by the La
Quinta City Council unless approved for extension
pursuant to the City of La Quinta Land Division
Ordinance.
3. The Applicant acknowledges that the City has formed
a City-wide Landscape and Lighting District and, by
recording a subdivision map, agrees to be included
in the District and to offer for dedication such
easements as may be required for the maintenance
and operation of related facilities. Any
assessments will be done on a benefit basis, as
required by law.
4. The Applicant shall comply with the archaeological
assessments for the tract area done by J. Salpas
February, 1984), and K. Swope June, 1990). The
studies shall be submitted to the Coachella Valley
Archaeological Society CVAS) for a two-week review
and comment period.
The final plan shall be submitted to the Planning
and Development Department for final review and
approval.
Prior to the issuance of a Grading Permit, the
Developer shall have retained a qualified cultural
resources management firm and completed the testing
and data recovery as noted in the plan. The
management firm shall monitor the grading activity
as required by the plan or testing results.
A list of the qualified archaeological monitor(s),
cultural resources management firm employees, and
any assistant(s)/representative(s), shall be
submitted to the Planning and Development
Department. The list shall provide the current
address and phone number for each monitor. The
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^#=Conditions of Appr*val TT 25953 July 31, 1990
designated monitors may be changed from time to
time, but no such change shall be effective unless
served by registered or certified mail on the
Planning and Development Department.
The designated monitors or their authorized
representatives shall have the authority to
temporarily divert, redirect or halt grading
activity to allow recovery of resources. In the
event of discovery or recognition of any human
remains, there shall be no further grading,
excavation or disturbance of the site or any nearby
area reasonably suspected to overile adjacent human
remains until appropriate mitigation measures are
completed.
Upon completion of the data recovery, the developer
shall cause three copies of the final report
containing the data analysis to be prepared and
published and submitted to the Planning and
Development Department.
5. The Developer of this subdivision of land shall
cause no easements to be granted or recorded over
any portion of this property between the date of
approval by the City Council and the date of
recording of the final map without the approval of
the City Engineer.
6. A temporary road access, for model home access
purposes, may be provided off Miles Avenue. This
access shall be terminated upon the completion of
model complex use provided a secondary access is
installed.
A drawing showing details of this proposed
temporary access point shall be submitted to the
Planning and Development Department and Engineering
Department for approval.
Traffic and Circulation
7. Applicant shall dedicate right-of-way for public
streets as follows:
a. Miles Avenue: haff street 55-feet)
right-of-way for 110-foot wide Primary
Arterial.
b. Dune Palms Road: half street 44-feet)
right-of-way for 88-foot wide Secondary
Arterial.
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^#=Conditions of Approval TT 25953 July 31, 1990
C. Interior public streets: full street
60-feet) right-of-way for a local street per
General Plan, plus corner cut backs at
intersections, plus suitable right-of-way
conforms for 1'knuckle1* turns all as required
by the City Engineer.
d. Cul-de-sac: full street 50-feet)
right-of-way, plus 5-feet wide public utility
easements, plus suitable right-of-way
conforms per Riverside County Standard
Drawing No. 800.
8. The Applicant shall construct, or enter into
agreement to construct, street improvements for the
following streets to the requirements of the City
Engineer and the La Quinta Municipal Code including
all appurtenant conforms and amenities prior to
approval of the final map.
a. Interior public streets: 40-foot wide
street improvements per Riverside County
Standard Drawing No. 104 for street that join
directly into streets in other tracts, and
36-foot wide street improvements per Standard
Drawing No. 105 for cul-de-sacs and other
local residential streets serving fewer than
100 lots. The improvements at cul-de-sac
ends shall be per Standard Drawing 800.
b. Miles Avenue: half street improvements per
Riverside County Standard Drawing No. 100,
including one half of raised median, plus
suitable conforms to match existing
improvements including a transition beyond
the tract boundary along with other
appurtenant amenities as required by the City
Engineer.
c. Dune Palms: half street improvements per
Riverside County Standard Drawing No. 102,
plus a 10-foot wide northbound lane plus
suitable conforms to match existing
improvements including a transition beyond
the tract boundary along with other
appurtenant amenities as required by the City
Engineer.
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^#=Conditions of Approval TT 25953 July 31, 1990
9. Applicant shall install decorative block wall
around water well site per Coachella Valley Water
District CVWD) requirements. Wall plan and
landscaping plan for area between wall and property
lines shall be approved by Planning and Development
Department. Any CVWD required landscaping changes
shall be submitted to City for review. All plan
approvals shall be prior to any applicable work
beginning.
10. An encroachment permit for work in any abutting
local jurisdiction shall be secured prior to
constructing or joining improvements i.e., City of
Indio).
B. CONDITIONS OF APPROVAL TO BE FULFILLED PRIOR TO FINAL MAP
APPROVAL
11. Prior to final map approval by the City Council,
the Applicant shall meet the parkland dedication
requirements as set forth in Section 13.24.030, La
Quinta Municipal Code by either providing a
combination of one acre of parkland plus in-lieu
fees for the balance of the parkland requirement or
by providing the total required parkland dedication
requirement as parkland.
Additional area shall be provided in the proposed
park/retention basin area, if needed, for water
retention capacity and to meet security safety,
maintenance and recreational concerns of the City.
Sufficient park not retention) area shall be set
aside for park equipment and other park uses not
suitable for a retention basin area. The retention
basin/park area shall have slopes of an acceptable
standard. A park/retention basin plan shall be
submitted to the Planning and Development
Department for review and approval prior to final
map approval.
12. A noise study shall be prepared by a qualified
acoustical engineer, to be submitted to the
Planning and Development Department for review and
approval prior to final map approval. The study
shall concentrate on noise impacts on the tract
from perimeter arterial streets, and recommend
alternative mitigation techniques. Recommendations
of the study shall be incorporated into the tract
design. The study shall consider use of building
setbacks, engineering design, building orientation,
noise barriers berming and landscaping, etc.), and
other techniques so as to avoid the isolated
appearance given by walled developments.
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^#=Conditions of Approval TT 25953 July 31, 1990
13. Tract phasing plans, including phasing of public
improvements, shall be submitted for review and
approval by the Publlc Works Department and the
Planning and Development Department
14. Owner shall execute and record a ttDeclaration of
Dedication" in a form acceptable to the City and
offering the dedication of drainage retention
basin(s) and hardscape buffer areas to the City for
future acceptance and maintenance. In the interim,
the owners shall maintain the basin(s) and
perimeter landscaping and provide bond assurance
accordingly.
15. Applicant shall enter into agreement with the City
prior to recording the final map to maintain the
retention basin and landscaped setback lots on
Miles Avenue and Dune Palms Road until the City
Engineer accepts them for maintenance by the City.
In no event will the City accept the retention
basin and setback lots for maintenance until the
lots within the subject tract are included on the
tax assessment roll and producing tax revenue to
the Lighting and Landscape District.
16. Prior to recordation of a final map, the Applicant
shall pay the required mitigation fees for the
Coachella Valley Fringe-Toed Lizard Habitat
Conversion Program, as adopted by the City, in the
amount of $600 per acre of disturbed land.
17. The approval herein contemplated by the City
Council is related to Change of Zone No. 90-057,
and no final map of the proposed subdivision shall
be recorded prior to the effective date of an
ordinance changing the official zoning
classification of the subject property to R-1.
Gradin* and Draina*e
18 The tract grading plan shall be prepared by a
registered civil engineer and approved by the City
Engineer prior to final map approval.
19. A registered civil engineer shall exercise
sufficient supervision and control of the tract
grading to insure compliance with the grading
plans, specifications, and applicable codes and
ordinances. The registered civil engineer charged
with the compliance responsibility shall make the
following certifications upon completion of
construction:
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^#=Conditions of App*3val TT 25953 July 31, 1990
a. All grading work was properly monitored by
qualified personnel during construction for
compliance with the grading plans,
specifications, and appilcable codes and
ordinances and thereby certify the grading to
be in full compliance with those documents.
b. The finished building pad elevations conform
with the approved grading plan.
20. The tract shall be designed and graded in a manner
so the difference in building pad elevations
between contiguous lots that share a common street
frontage or join lots with adjoining existing
tracts or approved tentative tracts does not exceed
three 3.0) feet. The pad *evations of contiguous
lots within the subject tract that do not share a
common street shall not exceed five 5.0) feet.
If the Applicant is unable to comply with the pad
elevation differential requirement, the City will
consider and may approve other alternatives that
satisfy the City's intent to promote and ensure
community acceptance and buyer satisfaction with
the proposed development.
21. The Applicant shall submit a copy of the proposed
grading, landscaping, and irrigation plans to
Coachella Valley Water District for review and
comment with respect to CVWD's water management
program.
22. A thorough preilminary engineering geological and
soils engineering investigation shall be done and
the report submitted for review along with the
grading plan. The report's recommendations shall
be incorporated into the grading plan design prior
to grading plan approval. The soils engineer
and/or the engineering geologist must certify to
the adequacy of the grading plan.
A statement shall appear on the final subdivision
map that a soils report has been prepared for the
tract pursuant to Section 17953 of the Health and
Safety Code.
23. Any earthwork on contiguous properties requires a
written authorization from the owner(s) slope
easement) in a form acceptable to the City Engineer.
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^#= Conditions of Approval TT 25953 July 31, 1990
24. Storm water run-off produced in 24 hours by a
l00-year storm shall be retained on site in
landscaped retention basin(s) designed for a
maximum water depth not to exceed six feet. The
basin slopes shall not exceed 3:1. Other
requirements include, but are not limited to, a
grassed ground surface with permanent irrigation
improvements, and appurtenant structural drainage
amenities all of which shall be designed and
constructed in accordance with requirements deemed
necessary by the City Engineer.
25. Applicant shall construct, or enter into agreement
to construct, the tract grading and all public
improvements before the final map is recorded.
Applicant shall pay a cash fee, in-lieu of, and
equivalent to the respective construction cost, for
those improvements which involve fair share
responsibility that must be deferred until the full
compliment of funding is available. Payment of the
cash-in-lieu fee may be deferred to a future date
mutually agreed by the Applicant and City Engineer,
provided security for said future payment is posted
by Applicant.
Traffic and Circulation
26. Applicant shall comply with the following
requirements of the Public Works Department:
a. The Applicant shall dedicate all necessary
public street and utility easements as
required, including all corner cutbacks.
b. The Applicant shall submit street improvement
plans that are prepared by a registered civil
engineer. Street improvements, including
traffic signs and markings and raised median
islands if required by the City General
Plan), shall conform to City standards as
determined by the City Engineer and adopted
by the La Quinta Municipal Code three-inch
AC over four-inch Class 2 Base minimum for
residential streets).
c. Street name signs shall be furnished and
installed by the Developer in accordance with
City standards.
27. Applicant shall dedicate, with recordation of the
tract map, access rights to Miles Avenue and Dune
Palms Road for all individual parcels which front
or back-up to those rights-of-way.
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^#=Conditions of Approval TT 25953 July 31) 1990
28. Traffic signals are required at the intersection of
Miles Avenue and Dune Palms Road. The Applicant is
responsible for 25% of the cost to design and
construct the signal. The signals will be
installed by the City when traffic conditions
warrant the installation.
Tract Desi*n
29. A minimum 20-foot and 10-foot landscaped setback
shall be provided along Miles Avenue and Dune Palms
Road respectively. Design of the setbacks shall be
approved by the Planning and Development
Department. Setbacks shall be measured from
ultimate right-of-way lines.
a. The minimum setbacks may be modified to an
average' if a meandering or curvilinear wall
design is used.
b. Setback areas shall be established as a
separate common lot and be maintained as set
forth in Condition No. 14, unless an
alternate method is approved by the Planning
and Development Department.
30. The tract layout shall comply with all the R-1
zoning requirements, including minimum lot size and
minimum average depth of a lot. The minimum lot
size to be recorded in a final map shall be 7,200
square feet.
Walls, Fencin*, Screernn*, and Landscaping
31. Prior to issuance of any grading permits, the
Applicant shall submit to the Planning and
Development Department an interim landscape program
for the entire tract, which shall be for the
purpose of wind erosion and dust control. The land
owner shall institute blowsand and dust control
measures during the grading and site development.
These shall include but not be limited to:
a. The use of irrigation during any construction
activities;
b. Planting of cover crop or vegetation upon
previously graded but undeveloped portions of
the site; and
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^#= Conditions *f Approval TT 25953 July 31, 1990
C. Provision of wind breaks or wind rows,
fencing, and/or landscaping to reduce the
effects upon adjacent properties and property
owners. The land owner shall comply with
requirements of the Director of Public Works
and Planning and Development. All
construction and graded areas shall be
watered at least twice daily while being used
to prevent the emission of dust and blowsand.
32. Graded but undeveloped land shall be maintained in
a condition so as to prevent a dust and blowsand
nuisance and shall be either planted with interim
landscaping or provided with other wind and water
erosion control measures as approved by the
Planning and Development and Public Works
Departments.
33. Prior to final map approval, the Applicant shall
submit to the Planning Division for review and
approval a preliminary plan or plans) showing the
following:
a. Landscaping, including plant types, sizes,
spacing, locations, and irrigation system for
all landscape buffer areas. Desert or native
plant species and drought resistant planting
materials shall be incorporated into the
landscape plan.
b. Location of the meandering sidewalk along
Miles Avenue and Dune Palms Road. Note this
sidewalk shall meander within both the
landscape buffer and the parkway area.
C. Location and design detail of any proposed
and/or required walls.
d. Exterior lighting plan, emphasizing
minimization of light and glare impacts to
surrounding properties.
e. Landscaping of retention basins and proposed
park9 i.e. grass with accent trees and an
irrigation system.
34. Prior to final map approval, the subdivider shall
submit criteria to be used for landscaping of all
individual lot front yards. At a minimum, the
criteria shall provide for shrubs, two trees five
trees on a corner) and an irrigation system.
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^#=
Conditions of Approval TT 25953 July 31, 1990
C. CONDITIONS OF APPROVAL TO BE FULFILLED PRIOR TO THE
ISSUANCE OF BUILDING PERMITS
35. Prior to the issuance of a building permit for
construction of any building or use contemplated by
this approval, the Applicant shall obtain permits
and/or clearances from the following public
agencies:
o City Fire Marshal
o City of La Quinta Public Works Department
o Planning and Development Department, Planning
Division
o Coachella Valley Water District
o Desert Sands Unified School District
o Imperial Irrigation District
Evidence of said permits or clearances from the
above-mentioned agencies shall be presented to the
Building Division at the time of the application
for a building permit for the use contemplated
herewith.
36. Pr6visions shall be made to comply with the terms
and requirements of the City's adopted
Infrastructure Fee Program in effect at the time of
issuance of building permits.
37. Seventy-five percent of dwelling units within
150-feet of the ultimate right-of-way of Miles
Avenue shall be limited to one story, not to exceed
20-feet in height. The Applicant shall submit to
the Planning and Development Department for the
approval a drawing showing the location of any
units higher than one story located along Miles
Avenue frontage. Along north property line of
tract, all of the dwelling units shall be limited
to one story, not to exceed 20-feet in height,
except for units on Lots 117 and 135 which may be 2
story.
38. The appropriate Planning approval shall be secured
prior to establishing any of the following uses:
a Temporary construction facilities
b. Sales facilities, including their appurtenant
signage
c. On-site advertisinglconstruction signs.
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^#=Conditions of Approval TT 25953 July 31, 1990
39. The Developer shall construct landscaping and
irrigation systems for drainage retention basin(s)
and perimeter areas. The Developer shall maintain
the drainage basin(s) and perimeter areas in
accordance with Condition #14.
40. Prior to the issuance of a grading permit, the
Applicant shall prepare and submit a written report
to the Planning and Development Director
demonstrating compliance with those conditions of
approval and mitigation measures of TT 25953 and EA
90-162, which must be satisfied prior to the
issuance of a grading permit. Prior to the
issuance of a building permit, the Applicant shall
prepare and submit a written report to the Planning
and Development Director demonstrating compliance
with those conditions of approval and mitigation
measures of EA 90-162 and TT 25953 which must be
satisfied prior to the issuance of a building
permit. Prior to final building inspection
approval, the Applicant shall prepare and submit a
written report to the Planning and Development
Director demonstrating compliance with all
remaining conditions of approval and mitigations
measures of EA 90-162 and TT 25953. The Planning
and Development Director may require inspection or
other monitoring to assure such compliance.
41. The Applicant shall submit complete detail
architectural elevations for all units, for the
Design Review Board and Planning Commission review
and approval as a Business Item prior to building
permit issuance. The architectural standards shall
be included as part of the CC & Rs. The latter
shall be submitted to the Planning & Development
Department for review.
Traffic and Circulation
42. Prior to the final building inspection of the 30th
unit two publicly maintained roads shall be
provided connecting this subdivision to Dune Palms
Road, Miles Avenue or Adams Street. The Model home
temporary access shall be considered one of these
access points until that access is terminated in
accordance with condition number 6.
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^#=Conditions of Approval TT 25953 July 31, 1990
43. The termination point of the street shown as Lot
*Nuevo Drive" street name not yet approved) on
Exhibit A Tentative Tract Map), shall be
barricaded to the satisfaction of the Public Works
Department. If the road network for the adjoining
tract has been constructed and completed, then the
above street shall be constructed to connect with
these subdivisions, in accordance with the approved
street improvement plans and the requirements of
the City Engineer.
Public Services and Utilities
44. The Applicant shall comply with the requirements of
the City Fire Marshal's dated June 1, 1990, except
as follows:
a. Condition #5: prior to building final of the
30th dwelling unit, a secondary public access
road shall be provided.
45. The Applicant shall comply with all requirements of
the Coachella Valley Water District. Any necessary
parcels for District facility expansion shall be
shown on the final map and conveyed to the
Coachella Valley Water District, in accordance with
the Subdivision Map Act.
46. Afl on-site and off-site utilities including any
existing utility poles shall be installed
underground and trenches compacted to City
standards prior to construction of any streets.
The soils engineer retained by the Applicant shall
provide the necessary certified compaction test
reports for review by the City Engineer, as may be
required.
47. Prior to issuance of applicable permits for area
along north property line, plans for grading,
walls, dwelling units shall be given to La Quinta
Palms Homeowne*'s Association for their information.
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