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HomeMy WebLinkAboutPC Min 2002-09-18 '. . . CITY OF SEAL BEACH PLANNING COMMISSION AGENDA for September 18, 2002 7:30 p.m. District 1 - Ellery Deaton District 2 - Jim Sharp District 3 - Gordon Shanks District 4 - David Hood District 5 - Phil Ladner Deoartment of Develooment Services Lee Whittenberg, Director Terence Boga, Assistant City Attorney Mac Cummins, Associate Planner Carmen Alvarez, Executive Secretary o City Hall office hours are 7:00 a.m. to 6:00 p.m. Monday through Thursday and Friday 8:00 a.m. to 4:00 p.m. Closed noon to 1 :00 p.m. o The City of Seal Beach complies with the Americans with Disabilities Act. If you need assistance to attend this meeting please telephone the City Clerk's Office at least 48 hours in advance of the meeting (562) 431-2527. o Planning Commission meetings are broadcast live on Seal Beach TV3. They are rebroadcast on Sunday evenings, Channel 3 at 4:00 p.m. o Videotapes of Planning Commission meetings may be purchased from Seal Beach TV3 at a cost of $20 per tape. Telephone: (562) 596-1404. o Copies of staff reports and/or written materials on each agenda item are on file in the Department of Development Services and City libraries for public inspection. 1 ~. . . PLANNING COMMISSION AGENDA INFORMATION SHEET The following is a brief explanation of the Planning Commission agenda structure: AGENDA APPROVAL: The Planning Commission may wish to change the order of the items on the agenda. ORAL COMMUNICATIONS: Anyone wishing to address the Planning Commission, only on items not on tonight's agenda, may do so during this time period. No action can be taken by the Planning Commission on these communications on this date, unless agendized. PUBLIC HEARING ITEMS: Public Hearings allow citizens the opportunity to speak in favor of or against agendized items. More detailed information is found in the actual agenda attached. If you have documents to distribute, you should have enough copies for all Planning Commissioners, City staff and the public. Please give one to the secretary for the City files. The documents become part of the public record and will not be returned. CONSENT CALENDAR: Consent Calendar items are considered routine items that normally do not require separate consideration. The Planning Commission may make one motion for approval of all the items listed on the Consent Calendar. SCHEDULED MATTERS: These items are considered by the Planning Commission separately and require separate motions. These transactions are considered administrative and public testimony is not heard. STAFF CONCERNS: Updates and reports from the Director of Development Services (Planning and Building Departments) are presented for information to the Planning Commission and the public. COMMISSION CONCERNS: Items of concern are presented by the Planning Commissioners and discussed with staff. All Droceedinas are recorded. 2 I. . . City of Seal, Beach Planning Commission Agenda for September 18, 2002 7:30 p.m. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. AGENDA APPROVAL By Motion of the Planning Commission, this is the time to: (a) Notify the public of any changes to the Agenda; (b) Re-arrange the order of the Agenda; and/or (c) Provide an opportunity for any member of the Planning Commission, staff, or public to request an item is removed from the Consent Calendar for separate action. IV. ORAL COMMUNICATIONS At this time, members of the public may address the Planning Commission regarding any items within the subject matter jurisdiction of the Planning Commission, provided that the Planning Commission may undertake no action or discussion unless otherwise authorized by law. V. CONSENT CALENDAR Items on the Consent Calendar are considered to be routine and are enacted by one motion unless prior to enactment, a member of the Planning Commission, staff, or the public requests a specific item be removed from the Consent Calendar for separate action. 1. Approve Planning Commission Meeting Minutes of September 4, 2002. 2. RECEIVE AND FILE: Western City Magazine Articles: "Balancing Housing and Growth Pressures With Limited Resources: It's Time for Leadership," and "What Californians Think About Growth and Development." VI. SCHEDULED MATTERS 3. Clarification of Ambiguity - Garage Structure Size 4. STUDY SESSION #3 - Retaining Walls VII. PUBLIC HEARINGS VIII. STAFF CONCERNS IX. COMMISSION CONCERNS X. ADJOURNMENT 3 i. . . City of Seal Beach Planning Commission · Agenda of September 18, 2002 Oct 09 Oct 23 Nay 06 Nay 20 Dee 04 Dec 18 TO BE SCHEDULED: Q Q Q Study Session: Staff Report: Study Session: 2002 Aaenda Forecast Grading Policies, Retaining Walls & Environmental Review of Projects Permitted Uses and Development Standards in Commercial Zones (5/6/98) Undergrounding of Utilities ADA Handicapped-Accessible Restrooms 4 .~ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 .22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 .44 CITY OF SEAL BEACH PLANNING COMMISSION Minutes of September 18, 2002 Chairperson Hood called the regularly scheduled meeting of the Planning Commission to order at 7:30 p.m. on Wednesday, September 18, 2002. The meeting was held in the City Council Chambers and began with the Salute to the Flag.1 ROLL CALL Present: Chairperson Hood, Commissioners Deaton, Ladner, Shanks, and Sharp Also Present: Department of Development Services Mac Cummins, Associate Planner Terence Boga, Assistant City Attorney Absent: Lee Whittenberg, Director AGENDA APPROVAL MOTION by Sharp; SECOND by Ladner to approve the Agenda as presented. MOTION CARRIED: AYES: NOES: ABSENT: 5-0 Deaton, Hood, Ladner, Shanks, and Sharp None None ORAL COMMUNICATIONS Chairperson Hood opened oral communications. There being no one wishing to speak, Chairperson Hood closed oral communications. 1 These Minutes were transcribed from audiotape of the meeting. \\DATAFILE\USERS\CAlvarez\Carmen_data\PC Mlnutes\2002\09.18-02 PC Minutes.doc 1 .~ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 .23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 .45 46 City of Seal Beach Planning Commission Meeting Minutes of September 18, 2002 CONSENT CALENDAR 1. Approve Planning Commission Meeting Minutes of September 4, 2002. 2. RECEIVE AND FILE: Western City Magazine Articles: "Balancing Housing and Growth Pressures With Limited Resources: It's Time for Leadership," and "What Californians Think About Growth and Development." MOTION by Sharp; SECOND by Ladner to approve the Consent Calendar as presented. MOTION CARRIED: AYES: NOES: ABSENT: 5-0 Deaton, Hood, Ladner, Shanks, and Sharp None None SCHEDULED MATTERS 3. Clarification of Ambiguity - Garage Structure Size Staff Reoort Mr. Cummins delivered the staff report. (Staff Report is on file for inspection in the Planning Department.) He stated that as requested by the Planning Commission (PC) at the September 4,2002 meeting, he would attempt to provide clarification as to the definition of an accessory structure as it relates to garages. He indicated that there is a provision in the Residential Low Density (RLD) Zoning standards that allows for accessory buildings or structures, including private garages, to accommodate not more than three automobiles. He stated that this provision is intended to limit the size of accessory or structures separate from the main structure to a maximum 3-car capacity. He reviewed the definition for "Accessory" and explained that Staff has always interpreted this to mean that an accessory structure is a separate detached building. Mr. Cummins stated that there are provisions to allow these accessory structures within the required setback areas subject to various PC approvals. He noted that Commissioner Deaton's question was whether the City should limit the overall size of a garage in general. He reviewed several recommendations made by Staff on the best way to address this issue as follows: 1. Amend the definitions section of the City Code to define a garage use as an accessory use within the zone itself. 2. Add language to require discretionary approval for any garage constructed on a residential property to accommodate more than 3 vehicles. 3. Staff recommends that the PC require a Minor Plan Review (MPR) process for these requests. \\DA T AFILE\USERS\CAlvarez\Carmen_data\PC Mlnutes\2002\09-1S.Q2 PC Mlnutes.doc 2 .~ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 .23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 .45 46 City of Seal Beach Planning Commission Meeting Minutes of September 18, 2002 He reviewed the options available to the PC as listed on Page 3 of the Staff Report. Commissioner Questions Commissioner Shanks asked how the 4-car garage on Ocean Avenue noted on Page 2 of the Staff Report would be categorized. Mr. Cummins stated that as Staff currently interprets the Code, garages that are attached to the main structure on a property can be constructed to accommodate as many cars as the homeowner desires and are not subject to the provisions for accessory structures and garages. He noted that this property was actually comprised of two lots combined into one. Commissioner Comments Commissioner Deaton recommended that the PC consider requiring approval via the MPR or Variance (V AR) process for parking in excess of 3 cars on a property. She stated that this requirement would provide the PC with the opportunity to review a project before it is constructed, and would also allow for pubic notice to surrounding properties. She recommended that these items be placed on the agenda under the Consent Calendar minimizing Staff work and eliminating the need for a public hearing, yet still provide a means for allowing residents to remove any item from the Consent Calendar for further discussion. Commissioner Deaton then recommended that the wording defining an accessory structure be revised to make clear whether it means a free-standing structure or a part of the main structure or a part of the free- standing structure. Commissioner Sharp asked for clarification of the 3-car garage per lot provision using the combined lots on Ocean Avenue as an example of whether this would be considered one lot or two. Mr. Cummins clarified that what he had intended to state was a 3-car garage per unit. Commissioner Deaton interjected that as she understands, the lot line for the property on Ocean Avenue was redrawn to create one lot, as it is illegal to build a structure over a property line. Mr. Cummins reported that this was correct. Commissioner Sharp asked how the lot line was changed without PC review. Mr. Cummins stated that lot line adjustments are handled administratively through the Engineering Department. Commissioner Sharp stated that for previous requests to create two lots out of three Old Town lots a subdivision map had been required. Mr. Cummins explained that for division of one piece of land into several lots a subdivision map is required, but to combine two lots into one, a lot line adjustment is all that is required. Commissioner Shanks clarified that what Commissioner Deaton was recommending was to restrict the size of a garage or accessory structure to accommodate no more than three automobiles. Commissioner Deaton confirmed that this was correct. Commissioner Shanks noted that the only place where this has occurred in on "The Hill." He inquired of the Associate Planner if there were other cases in Old Town. Mr. Cummins confirmed that there are a number of these cases in Old Town. Commissioner Shanks commented that he believes that having the PC review these \\DATAFILE\USERS\CAlvarez\Carmen_data\PC Mlnutes\2002\09-1S-02 PC Mlnutes.doc 3 .~ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 .23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 .45 City of Seal Beach Planning Commission Meeting Minutes of September 18, 2002 cases makes it awfully complicated and may appear like the PC is getting "awfully picky" over something that does not occur that frequently. Commissioner Ladner asked how the home on Ocean Avenue could have a 4-car garage as opposed to a 3-car garage. Mr. Cummins explained that currently there is no maximum on garage size as long as it is attached to the main structure on the lot. Commissioner Sharp interjected that one of the biggest problems in the City of Seal Beach is parking, and if someone wants to have a 4-car garage and take 4 cars off the street, he believes the City should be happy about this. Commissioner Deaton stated that she is in complete agreement with this, but she still feels that a review process is necessary to help prevent as many problems as possible related to density, retaining walls, and structure heights. She noted that this allows for a process to redress a problem when there is one. Chairperson Hood stated that the problem, as he sees it, is not the number of cars in a garage, but the fact that a garage was whittled out of the earth and the earth remained on the lot creating difficulties for the next door neighbors. He said that in many ways, what is being discussed is underground garages. He noted that historically the restriction on the size of detached garages was to prevent over- building on any lot. He stated that the real issue is the grading and what happens to the earth when it is dug out to make a 3 or 4 or 5-car underground garage. He asked about whether a new grading policy is to be established to prevent this occurring again. Mr. Cummins reported that the City Engineer is currently working on a Grading Ordinance for review by the City Council to specifically address the concerns that arose as a result of the new home up on The Hill. Chairperson Hood asked if had the draft Grading Ordinance been in effect at the time that this property was modified, would the neighbors on either side of the property have experienced the same discomfort and inconvenience as they are currently. Mr. Cummins stated that if the City approves an ordinance that requires a discretionary permit for importation of dirt or creating a new grade above the natural grade. that homeowner would need to acquire discretionary approval by the PC, which would require notification to the surrounding neighbors. Chairperson Hood asked how much could the grade be raised without having to come before the PC for approval. Mr. Cummins stated that this was still being determined. He guessed it might be one foot to eighteen inches, except for homes within a flood zone. Commissioner Shanks interjected that half of the homes on The Hill are at least one-half foot higher than the sidewalk level. Mr. Cummins stated that the ordinance would be using the natural finished grade used when the homes were subdivided. Commissioner Sharp stated that with the City's current financial difficulties, he does not believe that this will be of great benefit but will create a lot of extra work for an already overloaded Staff. \\DATAFILE\USERS\CAlvarez\Carmen_data\PC Mlnutes\2002\09.1S-D2 PC Mlnutes.doc 4 .~ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 .23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 .45 46 City of Seal Beach Planning Commission Meeting Minutes of September 18. 2002 Commissioner Deaton stated that with all due respect to the Chair, this was not a grading issue. She emphasized that this was about a review process; about density; about citizens having a say in their own government; about law suits. She inquired of Mr. Boga if under Section 28-203 "accessory" means a building, part of a building or structure, or use, which is subordinate to that of the main building. She noted that she sees nothing in this text that indicates that this is a free-standing building. Mr. Boga agreed that the definition of "accessory" is not clear and concurred that the interpretation of this section of the Code is difficult, however, after careful review by counsel's office, they are in agreement with Staffs reading of this definition. He noted that when you take this definition combined with the other provisions of the Code, this basically translates into a limitation of 3 cars applying only to detached garages. Commissioner Deaton then noted that there is a section in the Code that discusses clearing up any ambiguity, and she believes that at this time clarification of the ambiguity should be provided and forwarded to City Council for their determination. MOTION by Deaton to direct Staff to provide clarification of Section 28-203 of the City Code with a more clear definition of the word "accessory" and forward to City Council for their determination. Commissioner Shanks clarified that what Commissioner Deaton was requesting is clarification of the definition of an accessory building. Commissioner Deaton stated that what she wanted is a clarification of the definition of the word "accessory." She noted the dictionary definition and stated that she wanted to make sure that there is no ambiguity that could lead to possible litigation. She stated that she did not feel it would create a lot of work for Staff to create a Consent Calendar item. MOTION dies for lack of a Second. 4. STUDY SESSION #3 - Retaining Walls Commissioner Sharp asked if the Engineering Department is working on an ordinance to present to City Council, what input would the PC have regarding retaining walls. Mr. Cummins explained that the Zoning Code would have to be amended to address what the maximum height for retaining walls would be. He stated that the Engineering Department is not involved in this, but is working on a grading ordinance regarding importing dirt onto a property. Commissioner Sharp commented that in his opinion, the grading and retaining wall issues should be addressed together. Commissioner Shanks stated that he had read the minutes from the study sessions on retaining walls held approximately two years ago. He inquired as to what had come about as a result. Mr. Cummins explained that a study session on this issue had taken place in November 2000 and had subsequently taken a back seat to issues related to finalizing the Bixby Project and other higher priority projects. \\DATAFILE\USERS\CAlvarez\Carmen_data\PC Mlnutes\2002\09-1S-02 PC Minutes.doc 5 .~ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 .23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 .45 46 City of Seal Beach Planning Commission Meeting Minutes of September 18, 2002 Staff Report Mr. Cummins delivered the staff report. (Staff Report is on file for inspection in the Planning Department.) He provided some background information on the study session of November 2000 and explained that one of the main issues related to retaining walls resulted from the illegally constructed decks along Crestview Avenue for homes whose back yards overlook Gum Grove Park. He noted that there is a huge grade differential between the park and the rear of the properties abutting the park. He said that currently the way the Code reads, a retaining wall could be constructed and filled in with dirt leaving a view from the Gum Grove side of a massive block wall. Mr. Cummins also reported that there are several stub streets that run from Ocean Avenue to the beach with fairly substantial grades. He stated that the PC had directed Staff to create a report on retaining walls currently existing in the City and at that time had determined that they did not want to see walls higher than 10 feet. He pointed out that currently the Code deals only with fence height but there is nothing that specifically addresses the height of retaining walls. He explained that Staff had researched many building code definitions, public works/engineering definitions, and standard practices for retaining walls, and all of them referred mainly to structural load and what a retaining wall will hold. He said there is really nothing that provides a good definition of height of overall wall. The Associate Planner then proceeded to present several photographs of retaining walls found throughout the City and noted the individual features of each wall design. He explained that for the stub streets along Ocean Avenue, the PC had determined that it would be appropriate to have landscaped buffers installed along these streets rather than solid block walls. He interjected that Staff is recommending that the buffers not extend into the rear 96 feet of the property, which is the portion of the property down at the beach level. Mr. Cummins continued by stating that for the properties along Gum Grove Park, the PC had recommended a maximum height of 6 feet for retaining walls with a minimum 3-foot terrace in between each 6-foot section of retaining wall. He explained that this would allow property owners to have more usable recreation area in the rear of their properties without creating the massive block wall look. He emphasized that there is no other place in the City with such a large grade differential as the homes along Crestview Avenue. The Associate Planner then reported that for the front setback area Staff had recommended retaining walls with a maximum height of 30 inches to be permitted by right. Any wall greater than 30 inches would require a Minor Plan Review (MPR) to come before the PC. He stated that for homes with a grade differential from street level to house level, they could terrace 30-inch retaining walls with landscaped buffers in between up to the natural grade. He noted that if the resident preferred to have a straight up and down retaining wall, this would require a MPR. The Associate Planner reported that for side yard setbacks, the recommended height is 30 inches by right, and more than 30 inches up to a maximum of 4 feet would require a MPR. He noted that a maximum 6-foot fence could be constructed above the retaining walls. \\DATAFILE\USERS\CAlvarez\Cannen_data\PC Mlnutes\2002\09.1S.02 PC Mlnutes.doc 6 .~ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 .23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 .45 46 City of Seal Beach Planning Commission Meeting Minutes of September 1 B, 2002 The Associate Planner then discussed the issue of guardrails noting that there are Building Code provisions that require guard rails whenever one property is elevated higher than a neighboring property. This would prevent people using the yard areas from falling off onto the lower elevation. Staff had recommended that guardrails be required for retaining walls taller than 30 inches. He continued by stating that Staff recommends that for those areas of town where Code allows, the maximum height for any combination of a fence and retaining wall should be 10 feet, and this would apply primarily to those homes where a retaining wall is needed to retain dirt. He then reported that it had been recommended that any existing retaining walls be grandfathered in as the City cannot retroactively demand that existing walls be revised to meet the new standard. Mr. Cummins then stated that Staff is requesting direction on the following: 1. Is the standard for a 30-inch retaining wall, by right, acceptable to the PC? 2. Is it appropriate to have the 3 different areas in town addressed separately in the Code? 3. Does the PC like the concept of terracing as described in the Staff Report? Commissioner Questions Commissioner Ladner questioned the dimensions for a retaining wall/fence combination as listed on Page 5 of the Staff Report and asked if it was correct to state that this would allow for a 12-foot high fence. Mr. Cummins stated that the fence cannot be taller than 6 feet, and in combination with a 4-foot retaining wall would reach a height of 10 feet. Commissioner Sharp commented that for the homes along Crestview Avenue overlooking Gum Grove Park there is a rear easement area. Mr. Cummins reported that there is an easement on the Hellman side of the property line where power lines are located. Commissioner Shanks stated that he has no problem with a 6-foot retaining wall and other than a small area where there is a steep incline, there would be little reason to build a wall higher than 6 feet. He noted that terracing the retaining walls along this rear incline would look nice, but would provide the property owner with little extra space. He commented that there are other areas on the hill other than Crestview with steep inclines where terracing of retaining walls would also be warranted. Commissioner Shanks also cautioned that the PC should consider the pending development of Gum Grove Park and what changes to the landscape this might produce. He commented that he did not consider the view from Gum Grove Park of the homes above to be a priority for the homeowners along Crestview. He said that he agrees with the 30-inch height for retaining walls. He inquired as to what the previous provisions had been. Mr. Cummins reported that currently the Building Code only defines retaining walls as those walls larger than 2 feet ret~ining earth. \\DATAFILE\USERS\CAlvarez\Carmen_data\PC Mlnutes\2002\09.18.Q2 PC Mlnutes.doc 7 .~ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 .23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 .45 46 City of Seal Beach Planning Commission Meeting Minutes of September 18, 2002 Commissioner Deaton commended Staff for the work completed on the Staff Report and asked who would be responsible for maintaining the landscaping on the stub streets along Ocean Avenue. Mr. Cummins stated that assuming the landscaping is on private property, it would be the responsibility of the homeowner to maintain the landscaping. Commissioner Shanks asked if there were any stub streets that have not been walled up to a certain height. Mr. Cummins stated that he believed they are all walled. MOTION by Deaton; SECOND by Shanks to direct Staff to draft a Zone Text Amendment for Retaining Walls to include the following provisions: 1. A 30-inch retaining wall will be permissible, by right. 2. Establish different provisions for The Hill, The Gold Coast, and Old Town to coincide with the grade levels within each area of town. 3. Incorporate the provision of terracing retaining walls on steep grades. MOTION CARRIED: AYES: NOES: ABSENT: 5-0 Deaton, Hood, Ladner, Shanks, and Sharp None None PUBLIC HEARINGS None. STAFF CONCERNS Mr. Cummins apologized to Chairperson Hood as Staff has not yet provided a report on the bike lane along Lampson and Basswood. COMMISSION CONCERNS Commissioner Sharp asked about the construction activity along Seal Beach Boulevard (SBB) south of Westminster Avenue. Mr. Cummins reported that sidewalks are being constructed from Bolsa Avenue north to the John Laing Homes site. He noted that infrastructure improvements to the street are also being completed. Commissioner Sharp then inquired about whether any work is scheduled to begin on the 1-405 Freeway overcrossing along SBB. Mr. Cummins stated that construction plans are on hold pending the outcome of the proposed widening of the 22 Freeway. \\DA T AFILE\USERS\CAlvarez\Carmen_data\PC Mlnutes\2002\09-1S.Q2 PC Mlnutes.doc 8 .~ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 .23 24 25 26 27 28 29 30 31 32 33 34 35 36 . City of Seal Beach Planning Commission Meeting Minutes of September 18, 2002 Commissioner Deaton requested a brief history of Gum Grove Park. Commissioner Shanks stated that he would be happy to provide this information to Commissioner Deaton. Commissioner Shanks inquired regarding the construction activity along Marina Drive and Fifth Street. Mr. Cummins stated that he was not certain about what the project entailed. Chairperson Hood asked if the Seal Beach Historical Society is planning on providing a publication on the history of Seal Beach. Commissioner Shanks reported that other than the one already in print, there are no immediate plans for another printing. He indicated that enrollment in the society has decreased making it difficult to adequately address many projects. Chairperson Hood again requested that he be provided information on the bike lanes along Lampson Avenue. ADJOURNMENT Chairperson Hood adjourned the meeting at 8:45 p.m. Respectfully Submitted, Carmen Alvarez, Executive Secret Planning Department APPROVAL The Commission on October 9, 2002, approved the Minutes of the Planning Commission Meeting of Wednesday, September 18, 2002. ~ Z:\Carmen_data\PC Mlnutes\2002\09-18-02 PC Minutes.doc 9