HomeMy WebLinkAbout2001-12-05; Planning Commission; Resolution 50801
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PLANNING COMMISSION RESOLUTION NO. 5080
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF CARLSBAD, CALIFORNIA, APPROVING SITE
DEVELOPMENT PLAN SDP 00-10 FOR A NEW 265,000
SQUARE FOOT RETAIL COMMERCIAL CENTER ON
PROPERTY GENERALLY LOCATED SOUTH AND EAST OF
CALLE BARCELONA AND WEST OF EL CAMINO REAL IN
LOCAL FACILITIES MANAGEMENT ZONE 23
CASE NAME: THE PAVILION
CASE NO.: SDP 00-10
WHEREAS, Thomas Enterprises, Inc, “Developer and Owner,” has filed a
verified application with the City of Carlsbad regarding property described as
Lot 4 of City of Carlsbad Tract No. 92-08, Green Valley, in the
City of Carlsbad, County of San Diego, State of California,
according to map thereof No. 13997, as filed iu the office of the
County Recorder of San Diego County, dated July 10,200O as
file No. 2000-362589.
(“the Property”); and
WHEREAS, said verified application constitutes a request for a Site Development
Plan as shown on Exhibits “A” - “Tn dated December 5, 2001, on file in the Planning
Department, THE PAVILION - SDP 00-10 as provided by Chapter 21.06/Section 21.53.120 of
the Carlsbad Municipal Code; and
WHEREAS, the Planning Commission did, on the 5th day of December, 2001,
hold a duly noticed public hearing as prescribed by law to consider said request; and
WHEREAS, at said public hearing, upon hearing and considering all testimony
and arguments, if any, of all persons desiring tdbe heard, said Commission considered all factors
relating to the Site Development Plan.
NOW, THEREFORE, BE IT HEREBY RESOLVED by the Planning
Commission of the City of Carlsbad as follows:
A) That the foregoing recitations are true and correct.
B) That based on the evidence presented at the public hearing, the Planning
Commission APPROVES THE PAVILION - SDP 00-10 based on the
following findings and subject to the following conditions:
Findinps:
1.
2.
3.
4.
5.
That the requested use is properly related to the site, surroundings and environmental
settings, is consistent with the various elements and objectives of the General Plan, will
not be detrimental to existing uses or to uses specifically permitted in the area in which
the proposed use is to be located, and will not adversely impact the site, surroundings or
traffic circulation, in that the project was anticipated by the Green Valley Master Plan
which designated the site for Community Commercial use and also determined the
maximum intensity of development at 300,000 square feet. In designating the site as
commercial, all surrounding development, undeveloped land and undevelopable
land were considered for compatibility. The circulation system has been designed to
accommodate the project specific ADT (18,613) by providing three locations on
Calle Barcelona for ingress and egress.
That the site for the intended use is adequate in size and shape to accommodate the use, in
that landscaped setbacks have been provided from Calle Barcelona, all required
parking and travel ways necessary for onsite automobile use have been provided,
and the proposed development is smaller in size than what was anticipated by the
Green Valley Master Plan.
That all yards, setbacks, walls, fences, landscaping, and other features necessary to adjust
the requested use to existing or permitted future uses in the neighborhood will be
provided and maintained, in that the proposed development establishes landscape
areas, setbacks and other features through this Site Development Plan and as a
condition of approval the developer will be required to maintain all aspects of the
Site Development Plan as approved.
That the street systems serving the proposed use is adequate to properly handle all traffic
generated by the proposed use, in that Calle Barcelona has been constructed as a
secondary arterial with an estimated capacity of 20,000 ADT which is greater than
the estimated project ADT and the proposed development is conditioned to modify
Calle Barcelona to increase turning movement volume into the site.
The Planning Director has determined that
A. The project is a subsequent activity of a project for which a program EIR was
prepared, and a notice for the activity has been given, which includes statements
that this activity is within the scope of the program approved earlier, and that the
program EIR adequately describes the activity for the purposes of CEQA);
[15168(c)(2) and(e)]
B. This project is consistent with the project cited above;
C. EIR 93-02 was certified in connection with the Green Valley Master Plan;
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6.
7.
8.
9.
10.
11.
D. The project has no new significant environmental effect not analyzed as
significant in the prior EIR,
E. None of the circumstances requiring a Subsequent EIR or a Supplemental EIR
under CEQA Guidelines Sections 15 162 or 15 163 exist.
The Planning Commission finds that all feasible mitigation measures or project
alternatives identified in the EIR 93-02 which are appropriate to this Subsequent Project
have been incorporated into this Subsequent Project.
The Planning Commission finds that the project, as conditioned herein, is in
conformance with the Elements of the City’s General Plan, and Green Valley Master
Plan based on the facts set forth in the staff report dated December 5,200l.
The project is consistent with the City-Wide Facilities and Improvements Plan, the Local
Facilities Management Plan for Zone 23 and all City public facility policies and
ordinances. The project includes elements or has been conditioned to construct or
provide funding to ensure that all facilities and improvements regarding: sewer collection
and treatment; water; drainage; circulation; fire; schools; parks and other recreational
facilities; libraries; government administrative facilities; and open space, related to the
project will be installed to serve new development prior to or concurrent with need.
Specifically,
A.
B.
C.
D.
The project has been conditioned to provide proof from the Encinitas Union
Elementary and San Dieguito Union High School Districts that the project has
satisfied its obligation for school facilities.
The Public Facility fee is required to be paid by Council Policy No. 17 and will be
collected prior to the issuance of building permit.
Adequate drainage facilities are provided within the design of the project.
West bound left turn lane improvements. will be constructed on Calle
Barcelona.
The Planning Commission finds that the project, as conditioned herein, is in conformance
with the Elements of the City’s General Plan, based on the facts set forth in the staff
report dated December 5,200l including, but not limited to the following:
A. The project proposes commercial and office development consistent with the
Land Use Element.
B. The project accommodates a variety of transportation modes such as
automobile, motorcycle, bicycle, and foot traffic consistent with the
circulation element.
That the project is consistent with the City’s Landscape Manual (Carlsbad Municipal
Code Section 14.28.020 and Landscape Manual Section I B).
The Planning Commission has reviewed each of the exactions imposed on the Developer
contained in this resolution, and hereby finds, in this case, that the exactions are imposed
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to mitigate impacts caused by or reasonably related to the project, and the extent and the
degree of the exaction is in rough proportionality to the impact caused by the project.
Conditions:
Note:
1.
2.
3.
4.
5.
6.
Unless otherwise specified herein, all conditions shall be satisfied prior to issuance of
building permits.
If any of the following conditions fail to occur; or if they are, by their terms, to be
implemented and maintained over time, if any of such conditions fail to be so
implemented and maintained according to their terms, the City shall have the right to
revoke or modify all approvals herein granted; deny or further condition issuance of all
future building permits; deny, revoke or further condition all certificates of occupancy
issued under the authority of approvals herein granted; institute and prosecute litigation to
compel their compliance with said conditions or seek damages for their violation. No
vested rights are gained by Developer or a successor in interest by the City’s approval of
this Site Development Plan.
Staff is authorized and directed to make, or require the Developer to make, all corrections
and modifications to the Site Development Plan documents, as necessary to make them
internally consistent and in conformity with the final action on the project. Development
shall occur substantially as shown on the approved Exhibits. Any proposed development
different from this approval, shall be reviewed by the Planning Director and may be
referred to Planning Commission as an amendment at his discretion.
The Developer shall comply with all applicable provisions of federal, state, and local
laws and regulations in effect at the time of building permit issuance.
If any condition for construction of any public improvements or facilities, or the payment
of any fees in-lieu thereof, imposed by this approval or imposed by law on this Project
are challenged, this approval shall be suspended as provided in Government Code Section 66020. If any such condition is determined to be invalid this approval shall be invalid
unless the City Council determines that the project without the condition complies with
all requirements of law.
The Developer/Operator shall and does hereby agree to indemnify, protect, defend and
hold harmless the City of Carlsbad, its Council members, officers, employees, agents, and
representatives, from and against any and all liabilities, losses, damages, demands, claims
and costs, including court costs and attorney’s fees incurred by the City arising, directly
or indirectly, from (a) City’s approval and issuance of this Site Development Plan, (b)
City’s approval or issuance of any permit or action, whether discretionary or non-
discretionary, in connection with the use contemplated herein, and (c)
Developer/Operator’s installation and operation of the facility permitted hereby,
including without limitation, any and all liabilities arising from the emission by the
facility of electromagnetic fields or other energy waves or emissions.
The Developer shall submit to the Planning Department a reproducible 24” x 36”,
mylar copy of the Site Plan reflecting the conditions approved by the final decision
making body.
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7.
8.
9.
10.
11.
12.
13.
14.
15.
Prior to the issuance of a building permit, the Developer shall provide proof to the
Director from the Encinitas School District and the San Dieguito Union High School
District that this project has satisfied its obligation to provide school facilities.
This project shall comply with all conditions and mitigation measures which are required
as part of the Zone 23 Local Facilities Management Plan and any amendments made to
that Plan prior to the issuance of building permits, including, but not limited to the
following:
A. Addition of a west bound dual left turn lane on Calle Barcelona.
Building permits will not be issued for this project unless the local agency providing
water and sewer services to the project provides written certification to the City that
adequate water service and sewer facilities, respectively, are available to the project at the
time of the application for the building permit, and that water and sewer capacity and
facilities will continue to be available until the time of occupancy.
The Developer shall include, as part of the plans submitted for any permit plan check, a
reduced legible version of all approving resolution(s) in a 24” x 36” blueline drawing
format.
This approval is granted subject to the approval of CDP 00-37 and is subject to all
conditions contained in 5081 for those other approvals.
This approval shall become null and void if building permits are not issued for this
project within 24 months from the date of project approval.
If a grading permit is required, all grading activities shall be planned in units that can be
completed by October 1st. Grading activities shall be limited to the “dry season”, April
1st to October 1st of each year. Grading activities may be extended to November 15th
upon written approval of the City Engineer and only if all erosion control measures are in
place by October 1st.
Approval is granted for SDP 00-10 as shown on Exhibits “A” - “T”, dated December 5,
2001, on file in the Planning Department and incorporated herein by reference.
Development shall occur substantially as shown unless otherwise noted in these
conditions
The Developer is aware that the City is preparing a non-residential housing impact fee
(linkage fee) consistent with Program 4.1 of the Housing Element. The applicant is
further aware that the City may determine that certain non-residential projects may have
to pay a linkage fee, in order to be found consistent with the Housing Element of the
General Plan. If a linkage fee is established by City Council ordinance and/or resolution
and this project becomes subject to a linkage fee pursuant to said ordinance and/or
resolution, then the Developer, or his/her/their successor(s) in interest shall pay the
linkage fee. The linkage fee shall be paid at the time of issuance of building permits,
except for projects involving a request for a non-residential planned development for an
existing development, in which case, the fee shall be paid on approval of the final map,
parcel map or certificate of compliance, required to process the non-residential PUD,
whichever pertains. If linkage fees are required for this project, and they are not paid, this
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16.
17.
18.
19.
20.
21.
22.
project will not be consistent with the General Plan and approval for this project will
become null and void.
The Developer shall submit and obtain Planning Director approval of a Final Landscape
and Irrigation Plan showing conformance with the approved Preliminary Landscape Plan
and the City’s Landscape Manual. The landscape plan shall include all decorative
hardscape, water features, pedestrian and bicycle facilities. The Developer shall
construct and install all landscaping as shown on the approved Final Plans, and maintain
all landscaping in a healthy and thriving condition, free from weeds, trash, and debris.
Developer shall pay the citywide Public Facilities Fee imposed by City Council Policy
#17, the License Tax on new construction imposed by Carlsbad Municipal Code Section
5.09.030, and CFD #l special tax (if applicable), subject to any credits authorized by
Carlsbad Municipal Code Section 5.09.040. Developer shall also pay any applicable
Local Facilities Management Plan fee for Zone 23, pursuant to Chapter 21.90. All such
taxes/fees shall be paid at issuance of building permit. If the taxes/fees are not paid, this
approval will not be consistent with the General Plan and shall become void.
Prior to the issuance of the building occupancy, Developer shall submit to the City a
Notice of Restriction to be filed in the office of the County Recorder, subject to the
satisfaction of the Planning Director, notifying all interested parties and successors in
interest that the City of Carlsbad has issued a SDP 00-10 and CDP 00-37 by Resolutions
No. 5080 and 5081 on the property. Said Notice of Restriction shall note the property
description, location of the file containing complete project details and all conditions of
approval as well as any conditions or restrictions specified for inclusion in the Notice of
Restriction. The Planning Director has the authority to execute and record an amendment
to the notice which modifies or terminates said notice upon a showing of good cause by
the Developer or successor in interest.
The Developer shall construct trash receptacle and recycling areas enclosed by a six-foot
high masonry wall with gates pursuant to City Engineering Standards and Carlsbad
Municipal Code Chapter 21.105. Location of said receptacles shall be approved by the
Planning Director. Enclosure shall be of similar colors and/or materials to the project to
the satisfaction of the Planning Director.
No outdoor storage of materials shall occur onsite unless required by the Fire Chief.
When so required, the Developer shall submit and obtain approval of the Fire Chief and
the Planning Director of an Outdoor Storage Plan, and thereafter comply with the approved plan.
The Developer shall submit and obtain Planning Director approval of an exterior lighting
plan including parking areas. All lighting shall be designed to reflect downward and
avoid any impacts on adjacent homes or property.
All lease space on the second floor of building one is restricted to office and other
uses which do require more parking per Carlsbad Municipal Code Section
21.44.020 than one parking space for every 250 square feet of gross lease floor area.
A note to this effect shall be placed on the Site Development Plan exhibits and
reflected in a Notice of Restriction.
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23.
24.
25.
26.
Compact parking spaces shall be located in large groups, and in locations clearly marked
to the satisfaction of the Planning Director
Developer shall construct, install and stripe not less than 1,276 parking spaces, as shown
on Exhibits “B” and “C” dated December 5,200l The Pavilion.
Alteration and/or replacement of existing store fronts shall be reviewed and
approved by the Pavilion property manager and the City of Carlsbad Planning
Director prior to the issuance of a building permit.
Prior to the issuance of any sign permit, the applicant shall prepare and receive
approval from the Planning Director of a comprehensive sign program.
Enpineering
Unless specifically stated in the condition, all of,the following conditions must be met prior to
issuance of a grading permit or any building permits.
27. Prior to hauling dirt or construction materials to or from any proposed construction site
within this project, Developer shall apply for and obtain approval from, the City Engineer
for the proposed haul route.
28. Developer shah comply with the requirements of the City’s anti-graffiti program for wall
treatments if and when such a program is formally established by the City.
29. Developer shall install sight distance corridors at all street intersections in accordance
with Engineering Standards and shall record the following statement in the CC&Rs:
“No obstructions shall impede nor conflict with the line-of-sight which.is established per
City Standard Public Street-Design Criteria, Section 8.B.3. No structure, fence, wall,
tree, shrub, sign, or other object over 30 inches above the street level may be placed or
permitted to encroach within the area identified as a sight distance corridor in accordance
with City Standard Public Street-Design Criteria, Section 8.B.3.” The underlying
property owner shall maintain this condition. The limits of these sight distance corridors
shall be reflected on any improvement, grading, or landscape plans prepared in
association with this development.
Fees/Agreements
30. Developer shall cause property owner to execute and submit to the City Engineer for
recordation, the City’s standard form Geologic Failure Hold Harmless Agreement.
31. Developer shall cause property owner to execute and submit to the City Engineer for
recordation the City’s standard form Drainage Hold Harmless Agreement regarding
drainage across the adjacent property.
32. The Developer shall cause Owner to give written consent to the City Engineer to the
annexation of the area shown within the boundaries of the subdivision into the existing
City of Carlsbad Street Lighting and Landscaping District No. 1, on a form provided by
the City Engineer.
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Grading
33. The Developer shall submit to the City Engineer proof that a Notice of Intention for the
start of work has been submitted to the State Water Resources Control Board.
34. This project requires off site grading. No grading shall occur outside the limits of this
approval unless Developer obtains, records and submits a recorded copy to the City
Engineer a grading or slope easement or agreement from the owners of the affected
properties. If Developer is unable to obtain the grading or slope easement, or agreement,
no grading permit will be issued. In that case Developer must either apply for and obtain
an amendment of this approval or modify the plans so grading will not occur outside the
project and apply for and obtain a finding of substantial conformance from both the City
Engineer and Planning Director.
35. Based upon a review of the proposed grading and the grading quantities shown on the site
plan, a grading permit for this project is required. developer shall apply for and obtain a
grading permit from the City Engineer prior to issuance of any building permits for the
project.
Dedications/Improvements
36. Developer shall cause Owner to make an irrevocable offer of dedication to the City
and/or other appropriate entities for all public streets and other easements shown on the
site plan. The offer shall be made by a separate document. All land so offered shall be
offered free and clear of all liens and encumbrances and without cost. Streets that already
public are not required to be rededicated.
37. Additional drainage easements may be required. Developer shall dedicate and provide or
install drainage structures, as may be required by the City Engineer, prior to or concurrent
with any grading or building permit.
38. Developer shall execute and record a City standard Development Improvement
Agreement to install and secure with appropriate security as provided by law, public
improvements shown on the site plan. Improvements include, but are not limited to:
paving, base, sidewalks, traffic signals, curbs and gutters, medians, grading, clearing and
grubbing, undergrounding or relocation of utilities, sewer, water, fire hydrants, street
lights, retaining walls and reclaimed water. All improvements shall be constructed to
City Standards and to the satisfaction of the City Engineer.
39. Improvements shall be constructed within 24 months of approval of the development
improvement agreement or such other time as provided in said agreement.
40. Except for driveway locations as shown on the site plan, the developer shall cause
Owner to waive direct access rights to Calle Barcelona. A separate document
relinquishing access rights shall be reviewed, approved, and recorded prior to
issuance of any grading or building permits.
41. The existing storm drain and trail easements shown as “to be quitclaimed” shall be
rededicated as directed by the City Engineer.
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42.
43.
44.
Developer shall have the entire drainage system designed, submitted to and approved by
the City Engineer, to ensure that runoff resulting from lo-year frequency storms of 6
hours and 24 hours duration under developed conditions, are equal to or less than the
runoff from a storm of the same frequency and duration under existing developed
conditions. Both 6 hour and 24 hour storm durations shall be analyzed to determine the
detention basin capacities necessary to accomplish the desired results.
Developer shall comply with the City’s requirements of the National Pollutant Discharge
Elimination System (NPDES) permit. Developer shall provide improvements constructed
pursuant to best management practices as referenced in the “California Storm Water Best
Management Practices Handbook” to reduce surface pollutants to an acceptable level
prior to discharge to sensitive areas. Plans for such improvements shall be submitted to
and subject to the approval of the City Engineer. Said plans shall include but not be
limited to notifying prospective owners and tenants of the following:
A. All owners and tenants shall coordinate efforts to establish or work with
established disposal programs to remove and properly dispose of toxic and
hazardous waste products.
B. Toxic chemicals or hydrocarbon compounds such as gasoline, motor oil,
antifreeze, solvents, paints, paint thinners, wood preservatives, and other such
fluids shall not be discharged into any street, public or private, or into storm drain
or storm water conveyance systems. Use and disposal of pesticides, fungicides,
herbicides, insecticides, fertilizers and other such chemical treatments shall meet
Federal, State, County and City requirements as prescribed in their respective
containers.
C. Best Management Practices shall be used to eliminate or reduce surface pollutants
when planning any changes to the landscaping and surface improvements.
The applicant shall submit for City approval a “Storm Water Pollution Prevention Plan
(SWPPP).” The SWPPP shall be in compliance with current requirements and provisions
established by the San Diego Region of the California Regional Water Quality Control
Board. The SWPPP shall address measures to reduce to the maximum extent possible
storm water pollutant runoff at both construction and post-construction phases of the
project. At a minimum, the Plan shall:
A.
B.
Identify existing and post-development on-site pollutants.
Recommend source control Best Management Practices (BMPs) to filter said
pollutants.
C. Establish specific procedures for handling spills and routine clean up. Special
considerations and effort shall be applied to employee education on the proper
procedures for handling clean up and disposal of pollutants.
D.
E.
Ensure long-term maintenance of all post construct BMPs in perpetuity.
Identify how post-development runoff rates and velocities from the site will not
exceed the pre-development runoff rates and velocities for a lo-year, 6-hour storm
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45.
46.
47.
event. If maintaining post-development rates at pre-development levels cannot be
achieved, adequate justification subject to the City Engineer’s approval must be
provided.
Prior to occupancy, the developer shall complete the construction of all roadway
and signal improvements on Calle Barcelona.
The Developer shall design, apply for and obtain approval of the City Engineer, for the
structural section for the access aisles with a traffic index of 5.0 in accordance with City
Standards due to truck access through the parking area and/or aisles with an ADT greater
than 500. The structural pavement design of the aisle ways shall be submitted together
with required R-value soil test information and approved by the City Engineer as part of
the building or grading plan review whichever occurs first.
The preliminary drainage study prepared by Mayers and Associates, dated
November 12, 2001, is conceptual only. A detailed report for the proposed project
will be required as part of the grading plan. The report shall include a detailed
analysis of pre and post developed conditions. On-site detention or replacement of
the existing downstream storm drain system will be required to mitigate any
increase in runoff during the 100 year 6-hour storm event.
Code Reminders
“The project is subject to all applicable provisions of local ordinances, including but not limited
to the following code requirements:
48.
49.
50.
51.
52.
53.
. . .
The Developer shall pay a landscape plan check and inspection fee as required by Section
20.08.050 of the Carlsbad Municipal Code.
Approval of this request shall not excuse compliance with all applicable sections of the
Zoning Ordinance and all other applicable City ordinances in effect at time of building
permit issuance, except as otherwise specifically provided herein.
The project shall comply with the latest non-residential disabled access requirements
pursuant to Title 24 of the State Building Code.
Premise identification (addresses) shall be provided consistent with Carlsbad Municipal
Code Section 18.04.320.
Any signs proposed for this development shall at a minimum be designed in conformance
with the Green Valley Master Plan signage guidelines and shall require review and
approval of the Planning Director prior to installation of such signs.
All roof appurtenances, including air conditioners, shall be architecturally integrated and
concealed from view and the sound buffered from adjacent properties and streets, in
substance as provided in Building Department Policy No. 80-6, to the satisfaction of the
Directors of Community Development and Planning.
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NOTICE
Please take NOTICE that approval of your project includes the “imposition” of fees,
dedications, reservations, or other exactions hereafter collectively referred to for convenience as
“fees/exactions.”
You have 90 days from date of final approval to protest imposition of these fees/exactions. If
you protest them, you must follow the protest procedure set forth in Government Code Section
66020(a), and file the protest and any other required information with the City Manager for
processing in accordance with Carlsbad Municipal Code Section 3.32.030. Failure to timely
follow that procedure will bar any subsequent legal action to attack, review, set aside, void, or
annul their imposition.
You are hereby FURTHER NOTIFIED that your right to protest the specified fees/exactions
DOES NOT APPLY to water and sewer connection fees and capacity charges, nor planning,
zoning, grading or other similar application processing or service fees in connection with this
project; NOR DOES IT APPLY to any fees/exactions of which you have previously been given a
NOTICE similar to this, or as to which the statute of limitations has previously otherwise
expired.
PASSED, APPROVED AND ADOPTED at a regular meeting of the planning
Commission of the City of Carlsbad, California, held on the 5th day of December 2001, by the
following vote, to wit:
AYES: Chairperson Segall, Commissioners Baker, Compas, Dominguez,
Heineman, and Trigas
NOES:
ABSENT: Commissioner Nielsen
ABSTAIN:
ATTEST:
MICHAEL J. H?X!,Z&l&LER
Planning Director
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