HomeMy WebLinkAbout4607 Wible Rd.B A K E R S F I E L D
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Phil Burns, Building Director
Building Division
Phone: (661) 326-3720
FAX: (661) 325-0266
July 20, 2012
John J. Ullman
3740 SHlect Avenue #2F
Bakersfield, CA 93308
RE: Notice of Decision - Site Plain Review (Project No. 12-0254)
Dear Mr. Ulman:
Jim Eggert, Planning Director
Planning, Division
Phone: (661) 326-3733
FAX: 1661 852-2135
The Planning Director, upon recommendation of the Site Plan Review Committee, has
approved your plans to construct a 6,0100 square foot used" auto dealership in an M-1 (Light
Manufacturing), zone district at 4607 Wilible Road.
Your proposal, with corrections as noted, meets the minimum required codes, policies
and standards for development as adopted by the Bakersfield City Council. Specific items
have been identified (see attached Site Plan Compliance List) that you need to resolve before
you can obtain a building permit or be allowed occupancy. These items may include
changes or additions, that need to be shown on the final building plans, alert you to specific
fees, and/or are comments that will help you in complying with the city's development
standards. Each item will note when it is to be completed and they have been grouped by
department so that you know who to contact if you have questions.
Your next step is to either apply for necessary building permits to construct your project,
or begin your business activities depending on the request submitted. You must submit final'
building plans to the Building Division. The Site Plan Review Committee will review these final
plans while building plain check occurs to ensure that you satisfy the items in the Site Plan
Compliance List. Please read them carefully. Failure to satisfy an item may delay your
obtaining a building permit or commencing your project.
After construction of your project but before the City can allow occupancy, the
Building Division must inspect the development to find if it complies with the approved plans,
and any other relevant permits and codes. If you have satisfied all of the requirements, the
Building Director will issue a certificate of occupancy; of not, the area inspector will give you a
correction notice. Once you have made all of the corrections, the Building Director can issue
a certificate of occupancy, You may not occupy a development until the Building Director
has issued a certificate of occupancy,
SM 12-0254
TA'011911! M *012111MOM204111,11
Page 2 oj'l I
In consideration by the City of Bakersfield for land use entitlements, including but not
limited to related environmental approvals related to or arising from this project, the applicant,
and/or property owner and/or subdivider ("Applicant" herein) agrees to indemnify, defend,
and hold harmless the City of Bakersfield, its officers, agents, employees, departments,
commissioners or boards ("City " herein) against any and all liability, claims, actions, causes of
actions or demands whatsoever against them, or any of them, before administrative or judicial
tribunals of any kind whatsoever, in any way arising from, the terms, and provisions of this
application, including without limitation any CEQA approval or any related development
approvals or conditions whether imposed by the City, or not, except for City's sole active
negligence or willful misconduct.
This indemnification condition does not prevent the Applicant from challenging any
decision by the City related to this project and the obligations of this condition apply
regardless of whether any other permits or entitlements are issued.
The City will promptly notify Applicant of any such claim, action, or proceeding, failing
under this condition within thirty (30) days of actually receiving such claim, The City, in its sole
discretion, shall be allowed to choose the attorney or outside law firm to defend the City at
the sole cost and expense of the Applicant and the City is not obligated to use any low firm or
attorney chosen by another entity or party.
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Any time after site plan approval but before the approval expires; you may submit
revisions to the plan. We will treat these revisions as ai new site plan application subject to a
new review and required fees. The Planning Director can only approve minor changes to the
original plan without a new application if they are necessary to meet a condition, mitigation,
or result from physical obstacles or other comparable constraints.
Luamm�z;
Approval of this site plan expires on July 19, 2012 (2 years from the decision dote), unless
building permits have been issued, or on projects not requiring a building permit, the use has
commenced. The project must be completed within 5 years from the decision date. If the
property is rezoned', site plan approval will expire upon the effective date for the rezoning
unless the use is permitted in the new zone.
The Planning Director may extend the expiration date up to one (1) year if you resubmit
new plans for check against the code requirements in effect at that time and include a
written request for the extension. We midst receive this request before expiration of the project
approval. We will not require a fee for this extension request; however, changes to the plans
originally approved for purposes other than code requirements shall be subject to a new site
plan review, including payment of all required fees.
SPR4 12-0254
iMIIZXRA, 14
Page 3 qf'l I
This site plan review has been found to be exempt from the provisions of the California
Environmental Quality Act (CEQA) according to Section 15332. This project is exempt
because it is an infill development that is consistent with the general plan and zoning
regulations, is within an area predominantly developed with urban uses, is not identified as
critical habitat for endangered or threatened species, will not significantly affect traffic noise,
air or water quality, and will be adequately served by appropriate utilities and public services,
A Notice of Exemption has been prepared and is available for review at the Planning Division
(see cover sheet for address).
Any person may appeal this decision. An appeal is limited to whether or not or
adopted development standard, zoning regulation, mitigation, or policy applied or not
applied to the project, was done consistent with the authority granted by city ordinances or
the California Environmental Quality Act (CEQA). The appeal must be in writing stating the
precise basis or issue as noted, include a $700 filing fee, and must be filed within 10 days of the
decision date to the City of Bakersfield Planning Commission (c/o Bakersfield Planning
Director, 1715 Chester Avenue, Bakersfield, CA, 93301). The Planning Commission will hold a
public hearing on the appeal and their decision will be final unless their decision is appealed
to the City Council.
Site plan approval is based on the statements made in the application and the plans
you submitted. Any errors or omissions on these plans could alter the compliance list and/or
void this decision. If you have questions about any of the items noted in the Site Plan
Compliance List, you must speak to the contact person representing the department requiring
that ifern. If you have other questions regarding general information about the site plan
review process, please contact the Planning Division at (661) 326-3733.
cc:
to interested Agendes - For your records.
Sincerely,
rma
S:\ BZA—S P R\ Form s\spr_d0f a\2012 spr\ I 2-0254,spr,ifr.doc
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SPR# 12-0254
Page 4 ql'l
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Prior to review of improvement plans by the City, the developer shall submit a
grading plan for the proposed site to be reviewed and approved by the City
Engineer and Building Official (Bakersfield Municipal Code Section 16.44.0 110).
With the grading plan, if the project is subject to the provisions of the National
Pollutant Discharge Elimination System (NPIDES), a Notice of Intent (N'Ol) to
comply with the terms of the General Permit to Discharge Storm Wafer
Associated with Construction Activity (WC Order No. 99-08-DWQ) must be filed
with the State Water Resources Control Board in Sacramento before the
beginning of any construction activity. Compliance with the general permit
requires that a Storm Water Pollution Prevention Plan (SWPPP) be prepared,
continuously carried out, and always be available for public inspection during
normal construction hours.
2. A grading permit is required prior to final plan approval, The developer shall
submit 4 copies of grading plans and 2 copies of the preliminary soils report to
the Building Division. A final soils report shall also be submitted to the Build�ing
Division before they can issue a building permit. Please note that grading plans
must be consistent with the final buillding site plans and landscaping plans.
Building permits wilil not be issued until the grading permit is approved by the
Building Division, Planning Division (HCP), and Public Works Department,
B. An approved site utilities plan is required prior to final plan, approval.
4, Show on the final building plan pedestrian access from the public way aind'
handicap parking, Private streets are not the public way,
5. include with or show on the final building plans information necessary to verify
that the project complies with all disability requirements of Title 24 of the
California Building Code.
6. Buildings or structures shall require installation of an automatic fire sprinkler system
where required by current California Building code and City ordinance.
7. The Building Division will) calculate and collect the appropriate school district
impact fee at the time they issue a, building permit.
,51'R# 12-0254'
F;4
Nige 5 qf` I I
8. Final Building plans shall show pedestrian access pathways or easements for
persons, with disabilities from public righfs-of-ways that connect to all a ble
buildings, facilities, elements, and spaces in accordance with the California
Building Code. These pedestrian access ways shall not be parallel to vehicular
lN nes unlessi separated by curbs or railings.
• Prior to granting occupancy, the BuildinND Nf at a water meter
serving the development is in place, Therefore, it is recommended that the
developer contact the applicable, water purveyor to inquire about their process
fN r obtaining water service for the development as soon as possible. To
determine who the water purveyor for the development is, you may contact the
City of Bakersfield Water Resources Department (1000 Buena Vista Road,
Bakersfield, CA, phone: 661-326-3715).
The minimum parking required for this project has been computed based on use
and shall be as follows:
(Note: Ample space exists on the project site to provide the required parking as
well as outdoor sales area. By ordinance, compact and tandem spaces cannot
be counted toward meeting minimum parking requirements.)
Z Minimum parking stall dimensions shall be 9-feet wide by 18-feet long. Vehicles
may hang over landscape areas no more than 2-1/2 feet provided required
setbacks along street frontages, are maintained, and trees and shrubs are
protected from vehicles,
3. Ali parking lots, driveways, drive aisles, loadling areas, and another vehicular
access ways, shall be paved with concrete, asphaltic concrete (A. C.), or other
paved street surfacing material in accordance with the Bakersfield Municipal
Code (Sections 15.76 .020 and 17,58.060 A.),.
4. Ligihting is required for all parking lots, except residential lots with four units or less
(Section 17.58.060 A.). 11lumination shall be evenly distributed across the parking
area with light fixtures designed and arranged so that light is directed downward
and is reflected away from adjacent properties and streets. Use of glare shields
or baffles may be required for glare reduction or control of back light. No light
poles, standards and fixtures, including bases or pedestals, shall exceed a height
of 40 feet above grade. However, light standards placed less than 50 feet from
residentially zoned or designated property, or from existing residential
development, shall' not exceed a height of 15 feet, The final building plans shall
include a picture or diagram of the light fixtures being used and show how light
will be directed onto the parking area. Please note that staff can require
additional adjustments to installed lighting after occupancy to resolve glare or
other lighting problems if they negatively affect adjacent properties.
Square
Parking
Required
Use
Footaq
Ratio
Parking
Aulto dealership office
3,000 sq. ft.
I space / 5Q sq. ft.
12spaces
Auto report shop
3,000 sq. ft.
I space/500 sq. ft.
6spaces
Outdoor sales area
17,186 sq. ff.
I space/4,000 sq. ft.
_A_�paces
(Note: Ample space exists on the project site to provide the required parking as
well as outdoor sales area. By ordinance, compact and tandem spaces cannot
be counted toward meeting minimum parking requirements.)
Z Minimum parking stall dimensions shall be 9-feet wide by 18-feet long. Vehicles
may hang over landscape areas no more than 2-1/2 feet provided required
setbacks along street frontages, are maintained, and trees and shrubs are
protected from vehicles,
3. Ali parking lots, driveways, drive aisles, loadling areas, and another vehicular
access ways, shall be paved with concrete, asphaltic concrete (A. C.), or other
paved street surfacing material in accordance with the Bakersfield Municipal
Code (Sections 15.76 .020 and 17,58.060 A.),.
4. Ligihting is required for all parking lots, except residential lots with four units or less
(Section 17.58.060 A.). 11lumination shall be evenly distributed across the parking
area with light fixtures designed and arranged so that light is directed downward
and is reflected away from adjacent properties and streets. Use of glare shields
or baffles may be required for glare reduction or control of back light. No light
poles, standards and fixtures, including bases or pedestals, shall exceed a height
of 40 feet above grade. However, light standards placed less than 50 feet from
residentially zoned or designated property, or from existing residential
development, shall' not exceed a height of 15 feet, The final building plans shall
include a picture or diagram of the light fixtures being used and show how light
will be directed onto the parking area. Please note that staff can require
additional adjustments to installed lighting after occupancy to resolve glare or
other lighting problems if they negatively affect adjacent properties.
SM 12-0254
Page 6 of I I
5. Because off site access to the project is being proposed, the developer shall file
with the Planning Division before any building permits are issued, a copy of a
recorded lease, C. C. and R."s, or other instrument that ensures, that the offsite
legal access proposed for this project is available for its actual lifetime.
i. The developer shall include a copy of a final landscape plan with each set of
the final building plans submitted to the Building Division. Building permits will not
be issued until the Planning Division has approved the final landscape plan for
consistency with approved site plans and minimum ordinance standards (please
refer to the landscaping requirements in Chapter
7, Business identification signs are neither considered nior opgroved under this
review. A separate sign permit reviewed by the Planning and Buildings Divisions
and issued by the Building Division, is required for all new signs, including future
use and construction signs, Signs, must comply with the Sign Ordinance (Chapter
17.60 of the Bakersfield Municipal Code.)
8. Habitat Conservation fees shall be required for this project and will be calculated
based on the fee in effect at the time we issue an urban development permit
(includes grading plan approvals) as defined in the
Implementaflon/Management Agreement (Section 2.21) for the Metropolitan
Bakersfield Habitat Conservation Plan. Upon payment of the fee, the applicant
will receive acknowledgment of compliance with Metropolitan Bakersfield
Habitat Conservation Plan (Implementation/Management Agreement Section
3.1.4). This fee is currently $2,145 per gross acres, payable to the City of
Bakersfield (submit to the Planning Division). This fee must be paid before any
grading or other site disturbance occurs.
Forms and instructions are available of the Planning Division or on the city"s web
site at www,bakersfi e dcit ,u (go to Development Services Department).
The current Metropolitan Bakersfield Habitat Conservation Plan (MBH P) expires
in year 2014. Projects may be issued an urban development permit, grading
plan approval, or building permit and pay fees prior to the 20,14 expiration date
under the current MBHCP. As determined by the City of Bakersfield, only projects
ready to be issued an urban development permit, grading plan approval or
building permit before the 2014 expiration date will be eligiible to pay fees under
the current MBHCP. Early payment or p yment of MBHCP fees shall not be
allowed. The ability of the City to issue urban development permits is governed
by the terms of the MBHCP. Urban development permits issued after the 2014
expiration date may be subject to a new or revised Habitat Conservation Pion, if
approved, or be required to comply directly with requests of the U.S. Fish and
Wildlife Agency and the California Fish and Game Department,
S' ?R412-0254
Page 7 of 11
9. Prior to ground disturbance, the developer shall have a qualified consultant
survey the location for burrowing owls, and comply with the provisions of the
Migratory Bird Treaty Act (MBTA) of 1918 (16 U.S.C. 703-711). Survey protocol shall
be that recommended by the State Department of Fish and Game. Developers
shall be subject to the mitigation measure recommended by the consultant. A
copy of the survey shall be provided to the Planning Department prior to ground
disturbance.
The burrowing owl is a migratory bird species protected by international treaty
under the Migratory Bird Treat Act (MBTA) of 1918 (16 U.S.C. 703-711). The MBTA
makes it unlawful to take, possess, buy, sell, purchase, or barter any migratory
bird listed in 50 C.F.R. Part 10 including feathers or other parts, nests,, eggs, or
products, except as allowed by implementing regulations (50 C.F.R. 21). Sections
3503, 3503.5, and 38010 of the California Department of Fish and Game Code
prohibit the taking, poss essiqn, or destruction of birds their nests _gLgc
jgs. To
avoid violation of the provisions of these laws generally requires that project
related disturbance at active nesting territories be reduced or eliminated during
critical phases of the nesting cycle (March 1- August 11 5, annually). Disturbance
that causes nest abandonment and/or loss of reproductive effort (e.g., killing or
abandonment of eggs or young) may be considered "talking" and is potentially
punishable by fines and/or imprisonment.
10. Prior to ground disturbance, the developer shall have a qualified consultant
survey the location for kit fox, and comply with the provisions of the Metropolitan
Bakersfield Habitat Conservation Plan. Survey protocol shall be recommended
by the State Department of Fish and Game. Developer shall be subject to the
mitigation measures recommended by the consultant. A copy of the survey
shall be provided to the Planning Department prior to ground disturbance.
The current Metropolitan Bakersfield Habitat Conservation Plan (MBHCP) expires
in year 2014. Projects may be issued an urban development permit, grading
plan aplproval�, or building permit and pay fees prior to the 2014 expiration date
under the current MBHCP. As determined by the City of Bakersfield, only projects
ready to be issued an urban development permit, grading plan approval or
building permit, before the 2014 expiration date, will be elig�ble to pay fees
under the current MBHCP, Urban development permits issued after the 2014
ewration date maj
MEMO I I I
11, Rooftop areas of commercial buildings (e.g., office, retail, restaurant, assembly,
hotel, hospital, church, school), and industrial buildings adjacent to residentially
zoned' properties, shall be completely screened by parapets or other finished
architectural features constructed to a h,eigiht of the highest equipment,
unfinished structural element or unfinished architectural feature of the building.
12. Refuse collection bin enclosures and container areas are subject to all required
structural setback from street frontages, and shall not reduce any parking,
loading or landscaping areas as required by the Zoning Ordinance.
STRhl 12-0254
Page 8 q( I I
13, In the event a previously undocumented oil/gas well is uncovered or discovered
on the project, the developer is responsible to contact the Department of
Conservation's Division of Oil, Gas, and Geothermal Resources (DOGGIR), The
developer is responsible for any remedial operations on the well required by
DOGGR. The developer shall also be subject to provisions of BMC Section
15.66.080, (B) I.
14. The developer shall meet all regulations, of the Son Joaquin Valley Air Pollution
Control District (Regulation VIII) concerning dust suppression during construction
of the project, Methods include, but are not limited to; use of water or chemical
stabilizer/suppiressants to control dust emission from disturbed area, stock piles,
and access ways; covering or wetting materials that are transported off-site; limit
construction-related speed to 15 mph on all unpaved areas/washing of
construction, vehicles before they enter public streets to, minimize carryout/track
out; and cease grading and earth moving during periods of high winds (20 mph
or more).
15. Prior to receiving final building or site occupancy, you must contact the Planning
Division (staff contact noted above) for final inspection and approval of the
i
landscaping, parking lot, lighting and other related site improvements.
Inspections will not be conducted until all required items have been installed.
Any deviations from the approved plans without prior approval from the
Planning Division may result in reconstruction and delays in obtaiining a building
or site occupancy,
FiX,17719 M., 11
C All fire lanes as identified on the returned Qlans. Any modifications shall be
approved by the Fire Department. Fire lone identification signs shall be
installed every 100 feet with red curbing when curbing 1S required. All work
shall be completed before occupancy of any building or portion of any
building is allowed.
b. All fire hvdrants, both offsite (nearest to site and on -site, Include flow
data on all hydrants. Hyd!rants shall be in good working condition and are
subject to testing for verification. Fire flow requirements must be rnet prior
to construction commencing on the project site. Please provide 2 sets of
the engineered water plans to Dave Weirather. (Note: All new fire
hydrants must be, purchased from the Water Resources Department.)
C. All fire s rinkler and or stand i e s stems fire alarms and commercial
hood s&2ms. These suppression systems require review and permits ley.
the Fire Department. The Fire Department will issue guidelines for these
various items as they may apply to this project.
d. Proiect addressinqluding suite number if applicable. If the project is
within a shopping or business center, note the name and address of the
center.
SPR# 12-0.754
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Page 9 0J, I I
2, The developer must request an inspection from the Water Resources Department
(1000 Buena Vistai Road, Bakersfield, CA, phone: 661-326-3715) for any
underground sprinkler feeds at least 24 hours before they are buried. The
Prevention Services Division (1501 Truxtun Avenue, Bakersfield CA, Ph. 661/326-
3979) must complete all on-site inspections of fire sprinkler systems and fire alarm
systems before any building is occupied.
3. The developer shall show on the final building plans a minimum 20-foot wide all-
weather emergency access with an overhead clearance of 13 feet 6 inches
within 1501 feet of all buildings on the project site. The Fire Department must
approve the final location and design of the access prior to building permits
being issued. This access shall be constructed before building occupancy will be
granted.
4. All access (permanent and temporary) to and around any building under
construction must be at least 20 feet wide, contain no vehicle obstruction, and
be graded to prevent standing water, Barricades must be in place where
ditches and barriers exist in or cross roadways. Emergency vehicle access must
always be reliable.
5, The developer shalll submit two (2) sets of plans for permits and approvals from
the Fire Department for fuel tanks or related facilities before they are installed on
the site. Please contact the prevention Services Division at 661-326-3979 for
further information.
6. If you handle hazardous materials or hazardous waste on the site, the Prevention
Services Division may require a hazardous material management, and/or risk
management plan before you can begin operations. Please contact them at
661-326-3979 for further information.
7. If you store hazardous materials on the site in either an underground or a
permanent aboveground storage tank, a permit from the Prevention Services
Division is required to install and operate these tanks. The Prevention Services
Division may also require a Spill Prevention Control and Countermeasure Plan for
storage of petroleum products above ground in quantities of 1,320 gallons or
more. Please contact them at 661-326-3979 for further information.
I The developer shall install new connections) to the public sewer system. This
connection shall be shown on the final building plains submitted to the Building
Division before any building permits will be issued.
2. If a grading plan is required by f he Building Division, building permits will not bi
issued until the grading plan is approved by bpt f he Public Works Departm e
and the Building Division.
3. If the project generates industrial waste, it shall be subject to the requirements of
the Industrial Waste Ordinance. An industrial waste permit must be obtained
SI-Th 12-0254 Page 10 qf I I
from the Public Works Department before issuance of the building permit. To find
out what type of waste is considered industrial, please contact the Wastewater
Treatment Superintendent at 661-326-3249.
4. Before any building or site can be occupied, the developer must reconstruct or
repair substandard off -site street improvements that front the site to adopted city
standards as directed by the City Engineer. Please call the Construction
Superintendent at 661-326-30,49 to schedule a site inspection to find out what
improvements may be required.
5, A street permit from the Public Works Department shall be obtained before any
work con be done within the puUic right -of -way (streets, alleys, easements).
Please include a copy of this site plan review decision to the department of the
time you apply for this permit.
& A sewer connection fee, shall be paid at the time a building permit is issued. We
will base this fee at the rate in effect at the time a building permit is issued.
7. A transportation impact fee for regional facilities shall be paid at the time a
building permit is issued, or if no building permit is required, before occupancy of
the building or site. This fee will be based at the rate in effect at the time the
building permit is issued. The Public Works Department will calculate an estimate
of the total fee when you submit construcflon plans for the project,
8. The developer shall either construct the equivalent full width landscaped
median island in Wilolle Road along the development's frontage or pay their
proportionate share (1 /2-width) of the total cost for the future construction of the
median. Median islands shall be designed by the first development that occurs
along an applicable street frontage. That developer shall either construct the
full width landscaped median island or pay the median island fee. The median
island fee shall be satisfied by fulfilling one of the following options. (1) Pay the
standard fee of $100 per linear foot; or (2) Pay the calculated fee based upon
actual cost estimates prepared by the Project Engineer, which shall be reviewed
and approved by the City Engineer. If the median island is not constructed by
the first development along on applicable street frontage, the second
development along that street frontage shall construct the full width landscaped
median island.
9. The developer shall form a new maintenance district,
10, All storm water generated on the project site, including the street frontage shall
be retained onsite unless otherwise allowed by the Public Works Department
(please contact the Public Works Department -- Subdivisions at 661-326-3576).
11. This project may be located within a Planned Sewer Area. Please contact the
Public Works Department - Subdivisions at 661-326-3576 to determine what fees
may apply,
12. This project may be located within a PlIanned Drainage Area, Please contact
the Public Works Department - Subdivisions at 661-326-3576 to def ermine what
fees may apply,
SPR4 12-0254
Page 11 (?J' I I
* Cart service -- I cubic yard/week or less I time per week
* Front loader bin services I cubic yard/week - 12 cubic yards/day
* Roll-off compactor service More than 12 cubic yards /day
2. Show on the final building plans refuse bin enclosures. Each enclosure shall be
designed according to adopted city standard (Detail #ST25 A and B), at the size
checked below 0. Before occupancy of the building or site is allowed, two 3
cubic yard front loading type refuse bil shall be placed within the required
enclosure(s).
1:1 6'deep x 8'wide (I bin) El 8'deep x 15'wide (3 bins)
Z 8'deep x I O'wide (2 bins) F] 8'deep x 20 'wide (4 bins)
11 =001! It 1 1111711 1!1111VTTT�1�
enclosure. If both refuse and recycling containers are to be combined in the
some enclosure area, this area must be expanded in size to accommodate
multiple containers/bins (contact the staff person above for the appropriate
enclosure size).
3. Facilities that require 'infectious waste services shall obtain approval for separate
infectious waste storage areas from the Kern County Health Department, In no
instances shall the refuse bin area be used for infectious waste containment
purposes.
4. Facilities that require grease containment must provide a storage location, that is
separate from the refuse bin location. This shall be shown on the final building
plans,
5. Facilities that participate in recycling operations must provide a location that is
separate from the refuse containment area.
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