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RPVCCA_CC_SR_2015_05_05_K_Extension_Nantasket_Residential_DevelopmentTO: FROM: DATE: SUBJECT: REVIEWED: HONORABLE MAYOR &C TY JOEL ROJAS, CO I DIRECTOR MAY 5, 2015 UNCIL MEMBERS LOPMENT [VESTING PARCEL MAP NO. 69928] -TIME EXTENSION REQUEST FOR NANTASKET RESIDENTIAL DEVELOPMENT (ZON2008-00074 THRU ZON2008-00078; ADDRESSES: 11, 21, 31 & 41 NANTASKET DRIVE) DOUG WILLMORE, CITY MANAGER9/1-AJ Project Manager: Amy Seeraty, Associate Planner RECOMMENDATION Grant the applicants' one-year time extension request for Planning Case Nos. ZON2008- 00074 through ZON2008-00078, associated with the residential development entitlements for Vesting Parcel Map No. 69928, resulting in a new deadline of April 7, 2016. BACKGROUND On February 2, 2010, the City Council approved Vesting Tentative Parcel Map No. 69928 along with the related Environmental Assessment, General Plan Amendment, Coastal Specific Plan amendment, Zone Change, Variance, Grading Permit Height Variation, and Coastal Permit to allow, among other things, a subdivision of the existing 1.41 -acre parcel into four (4) residential lots with a minimum lot size of 14,000 square feet each. After the City Council's February 2, 2010 approval, the proposed parcel map was reviewed by the Coastal Commission since the project is located in the Coastal Zone and 1 included a modification to the Coastal Specific Plan. Soon after the Coastal Commission approved the project, the item was brought back to the City Council at a public hearing on September 21, 2010 to consider the modifications made by the Coastal Commission. As a result, the Council adopted Resolution 2010-87, approving the modified policies and language to the City's certified Coastal Specific Plan. A Notice of Final Decision was issued to the Coastal Commission and to all interested parties. Since no appeals were filed with the Coastal Commission, approval of the project entitlements became effective on December 11, 2010. After completion of several items, including the vacation of a City -owned easement, recordation of a Subdivision Improvement Agreement, and recordation of a Covenant to Hold Harmless (Golf Ball Hold Harmless Agreement), the Final Vesting Parcel Map was approved by the City Council on March 4, 2014 and subsequently recorded on April 7, 2014. Per the City Attorney, this date of recordation becomes the effective date for all the planning entitlements related to the subdivision. At this time, building plans for the four newly -created lots have not been submitted to Building & Safety. Since the planning entitlements approved by the City Council are set to expire, the property owners for the four lots are requesting a one-year time extension for the planning entitlements to allow additional time to prepare the construction plans for the Building & Safety plan check process. Due to an incomplete report submitted to the Council for review on the Consent Calendar Agenda at the April 21, 2015 City Council meeting, the Council directed Staff to bring back this item on the Consent Calendar for the May 5, 2015 meeting. Pursuant to RPVMC §17.86.070, Expiration of Permit Upon Nonuse, Subsection A, all approvals shall be null and void after expiration unless: 1. The application has submitted an application for a building permit, if such a permit is required for the permitted use; or 2. The applicant has begun development and no building permit is required for the permitted use; or 3. The applicant has occupied a property and commenced the permitted use, if no development is required for the permitted use; or 4. The applicant has complied with all conditions applicable to the permit or approval. The applicants submitted letters on March 13, 2015 and March 19, 2015, with supplementary information submitted on April 14, 2015 and April 22, 2015, requesting a one-year time extension to the planning entitlements listed above because none of the above has been met at this time. Procurement of the grading and building permits for homes on each of the four lots created via Parcel Map 69928 has not yet occurred, thus the planning entitlements vested/approved via recordation of the Parcel Map will have expired on April 7, 2015, if no time extension is approved by the City Council. (It should PIA be noted that because the applicants submitted their time extension request prior to the April 7, 2015 expiration date, approval of a time extension is still permissible.) Pursuant to RPVMC §17.86.070, Expiration of Permit Upon Nonuse, Subsection C, upon a showing of substantial hardship, delays beyond the control of the applicant or other good cause, the City Council may extend this period one time for up to one additional year. Accordingly, the property owner of 11 and 21 Nantasket Drive is requesting an extension as a construction loan was not able to be secured in a timely manner in order to proceed with the construction process, i.e., submitting for and obtaining the appropriate building and grading permits. The property owner of 31 and 41 Nantasket Drive (listed under Global Mason Group Ltd and Great Mason Group Ltd, respectively) is requesting the time extension as additional time is needed for them to prepare the required engineered plans for the building process. Specifically, they are still trying to find the right architect to assist them in perhaps making some minor changes to the plans and taking those modified plans through the City review process. Also, because the property owner lives overseas, they stated that upon purchasing the properties in early 2014, the US dollar appreciated significantly, making it difficult for them to accrue the required funds to complete construction in a timely manner. Based on this, staff is of the opinion that the City Council should grant both applicants a one-year extension request for the planning entitlements associated with Parcel Map 69928. If the City Council chooses not to grant an extension, Pursuant to RPVMC §17.86.070 Expiration of Permit Upon Nonuse, Subsection D, the applicants may still have their approvals re -issued for one year, as long as no changes have been made or will be made to the originally approved plans, the development permit application has not been null and void for more than one year; and a fee of one-half the original application fee is paid by the applicant. However, this will require the owners of 11 and 21 Nantasket Drive to pay $3,484, which is one-half the original application fees of $6,968 for those two properties. The owners of 31 and 41 Nantasket Drive would have to pay $4,933, which is one-half the original application fees of $9,866 for those two properties. The cost of the pending permit extension request fee is $327. ADDITIONAL INFORMATION It should also be noted that Condition 46 of City Council Resolution 2010-09 states: "Prior to submittal of grading plans and/or building plans for the residence on Lot 1 into plan check with the Building and Safety Division, the applicant shall redesign the proposed residence on Lot 1 to minimize view impairment from the viewing areas of properties located at 6619 Beachview Drive, 6617 Beachview Drive and 6615 Beachview Drive. Said redesign shall be submitted to the Director of Community Development and shall be reviewed by the City Council. Notice of said review hearing shall be published and provided to owners of property within a 500- foot radius, to persons requesting notice, to 3 all affected homeowners associations, and to the property owner in accordance with Rancho Palos Verdes Development Code Section 17.80.090." The property owner of Lot 1 (11 Nantasket Drive) also requires additional time to complete this redesign process. This will be presented to the City Council at a later date for review and approval. ALTERNATIVES In addition to Staff's recommendation, the City Council may also consider the following: 1. Deny the applicants' one-year time extension request; or 2. Grant the applicants' time extension request for a different period of time. CONCLUSION Given that the applicants have been delayed in securing the necessary permits due to financing issues, as well as obtaining an architect to assist them through the construction process, Staff recommends that the City Council grant the applicants' one-time extension request for one year, setting the new expiration date as April 7, 2016. FISCAL IMPACT No fiscal impact is anticipated as the applicants will be responsible for their own building permit fees when building and grading permits are obtained. ATTACHMENTS: Time Extension Requests dated March 13, 2015, March 18, 2015, April 14, 2015 & April 22, 2015 (page 5) Vesting Parcel Map No. 69928 (page 17) 0 Friday 13 March 2015 City of Rancho Palos Verdes Community Development Department 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Request for extension of design for 31 Nantasket, Rancho Palos Verdes Dear Sir or Madam, We would like to request for an extension the architectural design for another year until April 2016 for the following property: Lot name : 31 Nantasket, Rancho Palos Verdes, California Owner name : Global Mason Group Ltd Representative : Lili Chan We are in the process of fine tuning the architectural details and preparation for building process. We truly hope that our request is considered favorably. Sincerely, IL3c3t7(„)ut it. -All w6iyit} 6ci t1! t1F (d `. lS tteftti'r'r t „ Global Mason Group Ltd 5 Friday 13 March 2015 City of Rancho Palos Verdes Community Development Department 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 Request for extension of design for 31 Nantasket, Rancho Palos Verdes Dear Sir or Madam, We would like to request for an extension the architectural design for another year until April 2016 for the following property: Lot name : 41 Nantasket, Rancho Palos Verdes, California Owner name : Great Mason Group Ltd Representative : Lili Chan We are in the process of fine tuning the architectural details and preparation for building process. We truly hope that our request is considered favorably. Sincerely, pr.wj ,jpd on behalf raj. Lavender Brown Limited �4o'4ih;,rrPadf S'i;*,oiai,s,d(s} Lisa Lim Mei Ying Global Mason Group Ltd no Ms. Amy Sweeraty City of RPV W ', -PARTN"'UNT Extension of Permits Nantasket Hi Amy, Per your request on March 12th please accept this letter as my formal request to have the building permits for the four lots on Nantasket Drive extended for a period of 1 year. This letter is in support of the email request sent to Eduardo earlier in the year. Sincerely --Ilna Ireland Amy Seeraty www•www�mnwiw� � From: Dana Ireland <iedygo@gmail.com> Sent: Tuesday, April 14, 2015 8:29 AM To: Amy Seeraty Subject: Re: Additional Information for Time Extension Hi Amy , I had to race back to LA to attended the funeral for a dear friend of mine who lost his Son unexpectedly. The reason for the request is that my Builder Partner was unable to obtain a timely loan commitment to begin the construction process. We have also been per suing a parallel strategy of selling the final two lots with approved plans . Thank You Dana On Mon, Apr 13, 2015 at 7:47 AM, Amy Seeraty <AniySc'pvca_gov> wrote: Hi Dana & Lili- I need to get the time extension Staff report to our Director and City Attorney for review today. Please provide some additional information regarding the reason for the delays in construction as soon as possible and feel free to email me or call me with any questions. Thank you. Sincerely, Amy Seeraty Associate Planner City of Rancho Palos Verdes Community Development Department 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 www.rpvca.gov amus air vca. ov - (310) 544-5228 WE ARE IN PROCESS OF SWITCHING TO A NEW WEB AND EMAIL DOMAIN. IF YOU HAVE ME IN YOUR CONTACTS, PLEASE SWITCH MY EMAIL FROM AMYS(a)RPV.COM TO AMYS(a),RPVCA.GOV. on• From: Amy Seeraty Sent: Friday, April 10, 2015 12:02 PM To: Dana Ireland Chan' Cc: Ara Mihranian Subject: Additional Information for Time Extension Hi Dana & Lili- I have completed a first draft of the staff report for the time extension for the Nantasket properties. However, the Director is asking for additional information regarding the reasoning why there is: "...substantial hardship, delays beyond the control of the applicant or other good cause..." Please provide me with some additional information regarding the reason for the time extension. Thank you. RPVMC Section 17.86.070.0 states: Upon a showing of substantial hardship, delays beyond the control of the applicant or other good cause, the planning commission or city council may extend this period one time for up to one additional year. Amy Seeraty Associate Planner City of Rancho Palos Verdes Community Development Department 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 www.r„pvca.gov amys@rpvca.gov - (310) 544-5228 WE ARE IN PROCESS OF SWITCHING TO A NEW WEB AND EMAIL DOMAIN. IF YOU HAVE ME IN YOUR CONTACTS, PLEASE SWITCH MY EMAIL FROM AMYSy RPV.COM TO AMYSA,RPVCA.GOV. 48 Ireland Miller Inc 10 AmX Seeraty From: Lili Chan <lili@lilichanrealtor.com> Sent: Tuesday, April 14, 2015 11:56 PM To: Amy Seeraty Subject: Re: Staff Report on Thursday Hi Amy, I just talked to my client. They said the reason for extension is mainly because they need some time to select the right architect who can do minor changes to the current plan and submit it to the city. Since they live overseas, this process has taken longer time than they expected. Hope the explanation above helps. Looking forward to the staff report. Thanks, Lili Chan, MBA KW COMMERCIAL c. (310) 938-6192 f: (888) 901-6423 www.lilichanrealtor.com BRE #09490939 On Tue, Apr 14, 2015 at 2:37 PM, Amy Seeraty <Am ;S0)rpvca.gov> wrote: Thank you Lili- Actually, I have to wait until the Staff Report is approved and finalized by the City Manager, so I will be sending you a copy of the Staff Report most likely on Thursday. Thank you and I'll look for your email with additional information regarding the reason for the time extension. Amy Seeraty Associate Planner City of Rancho Palos Verdes Community Development Department 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 11 www.rpvca.gov amysp_rpvca.gov - (81 Q} 544-5228 WE ARE IN PROCESS OF SWITCHING TO A NEW WEB AND EMAIL DOMAIN. IF YOU HAVE ME IN YOUR CONTACTS, PLEASE SWITCH MY EMAIL FROM AMYS(o),RPV.COM TO AMYS(it),RPVCA.GOV. 12 Amy Seerat From: Lili Chan <lili@lilichanrealtor.com> Sent: Wednesday, April 22, 2015 12:26 PM To: Amy Seeraty Subject: Fwd: Additional Information for Time Extension Hi Amy, Please see email from my client below with regard to their hardship and request on 1 year extension of the approved design. Can you please include their email below for the next city council meeting on May 5th? Thanks, Lili Chan, MBA KW COMMERCIAL c: (310) 938-6192 f: (888) 901-6423 www.lilichanrealtor.com BRE #01490939 ---------- Forwarded message ---------- From: EDC Less <edc4less(tr)gmail.com> Date: Sun, Apr 19, 2015 at 7:58 AM Subject: Re: Additional Information for Time Extension To: Lili Chan<lili(r),lilichanrettlto►•.corti> Dear Lili, Referring to 41 and 31 Nantasket, Rancho Palos Verdes, vested under Great Mason Group Ltd and Global Mason Group Ltd respectively, we were experiencing unexpected hardships upon purchasing the properties in early 2014. For the first time in decades of financial history, US Dollar appreciate significantly in a short period of time, ie. over 33% in a year, against a basket of international currencies. This unusual occurrence makes it longer to attain our target cumulative income internationally, which is required to support the construction of the US properties. In addition, we took sometime to study the approved plans and decided to explore the feasibility to improved the design to better suit the needs and preferences of the occupying families. We had discussions to gain insights from City RPV and reviewed alternate architects. This process took some time as well. With this letter, we hope to be able to extend the plan for one year as we are optimistic that the required resources mentioned above, shall be in place during the time frame. Sincerely, Great Mason Group Ltd Global Mason Group Ltd 13 Begin forwarded message: From: Amy Seeraty <ArnyS@rpvca.gov> Date: April 13, 2015 at 7:47:17 AM PDT To: "Dana Ireland (ieclyr~Qcr)mail.cQrn)" <ie dyrr),rnail.cont>, Lili Chan <L11-i40,-ilichanrealto"0111> Cc: Ara Mihranian <AraM0!rpvca.f(1ov> Subject: RE: Additional Information for Time Extension Hi Dana & Lili- I need to get the time extension Staff report to our Director and City Attorney for review today. Please provide some additional information regarding the reason for the delays in construction as soon as possible and feel free to email me or call me with any questions. Thank you. Sincerely, Amy Seeraty Associate Planner City of Rancho Palos Verdes Community Development Department 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 www.rpv a.gov amys@rpvca.gov - (310) 544-5228 WE ARE IN PROCESS OF SWITCHING TO A NEW WEB AND EMAIL DOMAIN. IF YOU HAVE ME IN YOUR CONTACTS, PLEASE SWITCH MY EMAIL FROM AMYS(a,RPV.COM TO AMYSC&RPVCA.GOV. 14 From: Amy Seeraty Sent: Friday, April 10, 2015 12:02 PM To: Dana Ireland (ieely oti �7iail.com);'Lili Chan' Cc: Ara Mihranian Subject: Additional Information for Time Extension Hi Dana & Lili- I have completed a first draft of the staff report for the time extension for the Nantasket properties. However, the Director is asking for additional information regarding the reasoning why there is: "...substantial hardship, delays beyond the control of the applicant or other good cause..." Please provide me with some additional information regarding the reason for the time extension. Thank you. RPVMC Section 17.86.070.0 states: Upon a showing of substantial hardship, delays beyond the control of the applicant or other good cause, the planning commission or city council may extend this period one time for up to one additional year. Amy Seeraty Associate Planner City of Rancho Palos Verdes Community Development Department 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275 www.rpvca.gov amus .rpvca.gov - (31 0) 544-5228 15 WE ARE IN PROCESS OF SWITCHING TO A NEW WEB AND EMAIL DOMAIN. IF YOU HAVE ME IN YOUR CONTACTS, PLEASE SWITCH MY EMAIL FROM AMYS(it),RPV.COM TO AMYS(q),RPVCA.GOV. 37g�15 1300K 3l � PAGE 15 SCALE: 1" -- 40'��S��n NUMBER OF PARC ELS: 4 f �G SHEET 'i OF 2 SHEETS DIAL ACRE I.a2 NO. utstl iAlry. �Aclmt� f„11,171 AY /llfi'fYf ('UJu'/:SS3�YFP PARCEL MA}'---' 69928 ATREQFILED UEST O OF 4 c�^n rcx/urssypYRa .o'�Oglo'A,Y... cog 1 p.t� IN THE CITY OF RANCHO PALOS VERDES, COUNTY OF LOS ANGELES, .,Doak -'��d STATE OF CALIFORNIA ATPADE I9' l o BEING A SUBDIVISION OF PARCEL 2 OF PARCEL MAP NO. 12715, PER MAP FILED 2W=NC.U. u IN BOOK 131 PAGES 83 AND 8/1 OF PARCEL MAPS, IN THE OFFICE OF THE R2rygYiuffwM M.JYCN4 COUNTY RECORDER , IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. by � ffil RPR D 7 101 FEES n �> b ,).l D.A F�Codo 20 6'3� !Ar /lf:?.:PY STA7E P;AT t)'' ,•??4!- 7H.:- OjfV -W...S O,1OR ARF LVTfRr'.SlrD /,4' I}IF 11141'05' LVCLL/0f0 141,76N 1AIF Sl91)M.5yaV ,;,WiW 6W TN/S A4tP, W)MN INE U/S'JlY'CAis�' fiM,,%W /hYr-T XAV Y2- CO!! 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Fl. 17,657 Sq. Ft �jh d{ L1 caTv^''+ n2 MOPIUMENT NOTES: Oy�R9 Z FOUND SPIKE PER R7, H&0'21 A,N11'OA 1 � O y,.i t� 1 (4JN� L� FOUND GEAR SPIKE & WASHER LS 6970 PER R4 My PARCEL 3 m 3d x F tib' xt S 14,100 Sq. Ft. N ' PARCEL 2 PER R2. A FOUND i,S" I,P, R.CF, 7191, NO REFERENCE, y A, PARCEL 1 FOUND 1,5" I.P, R.C.E. 9783 RI ! , 33 ACRES 14, 74,,,36 S4 FL SEE DETAIL A-- 5' RLCIi'HOCAI. DRAINAGE ANO 1) AVAST INGRESS/EGRESS EASEMENT TO BE RESERVED IN DOCUMENTS EASTERLY BOUNDARY PARCEL PARCEL MAP 26073 BOOK 357, PAGES 53-70 PARCEL 1 PARCEL MAP 2&073 BOOK 357, PAGES 53-70 e 1 f� 0. ~\ ! 1 PARCEL 1 ,f �Fl), 2' LP. • y �1 L S.(NUMBER ILLEGIBL€)'�- , DAG t lit2'�5," 1 { 0.24''lti i ;l .,lar PARCEL L A, f tP+': F1RV' DETAIL. A SEARCHED EOR NOTHING tOUND, SPIKE & WASHER R,C,E 26120 TO BE SET, FLUSH. 91.. 10.D.tn a=1'o�= R=1Gr,D UD It2 4, PARCEL. 2 PARCEL.. 4 j 0,16 ACRES � 15,535 Sy. Fl. 17,657 Sq. Ft R3 P.W.F.B. 0118/250-251 R4 P'W'F,B, 017 6/252-253 MOPIUMENT NOTES: Z FOUND SPIKE PER R7, H&0'21 /l ['=.� FOUND GEAR SPIKE A WAS''IER IS 6970 PER R3. 1 � O { t� 1 (4JN� L� FOUND GEAR SPIKE & WASHER LS 6970 PER R4 My PARCEL 3 m 0.32 ACRES L S ^ 2 PER R2. l7, FOUND 1.5" I.P, R.C.E. 7191, NO REFERENCE, F tib' xt S 14,100 Sq. Ft. N ' p F PARCEL.. 4 t`t ACRES '0.41 1 17,657 Sq. Ft 5' RECIPROCAL DRAINAGE ANO—''e DRAINAGC INGRESS/EGRESS , EASEMENT TO BE RESERVED IH DOCUMENTS I NOTHING FOUND, ESTABLISHED INTERSECTION. aASLS OF BEAi21NGS: THL DEARINCS SIIOWN HEREON ARE BASED ON '!HE FEARING NORTH 09'32'10" VA=ST ALONG P.IE CENRERLINE OF NANTASKFT DRIVE AS S'JOWN ON R2. 93.85' RI & R2 -'^BOUNDARY OF PARCEL I - PARCEL MAP 26073 BOOK 357. PAGES 53-70 w 'ti80"t.'tnnSR�j R4 'pn c;ovF- NOTE: ALL. BEARINGS AND DISTANCES SHOWN HEREON ARE MEASURED UNLESS OTHER -WISE NOTED, REFERENCE MAPS: R) PARCEL MAP No, 26073, HOOK 357, PAGES :}3-70 R2 PARC L MAP N, 12715. HCOK 131, PACES ti_7-R4 R3 P.W.F.B. 0118/250-251 R4 P'W'F,B, 017 6/252-253 MOPIUMENT NOTES: Z FOUND SPIKE PER R7, /l ['=.� FOUND GEAR SPIKE A WAS''IER IS 6970 PER R3. & FOUND PUNCHED SPIKE & TIN PER R]. t, FOUND PUNCHED SPIKE PER R4, FITS TIES PER R4 (4JN� L� FOUND GEAR SPIKE & WASHER LS 6970 PER R4 L 1 FOUND 1,5" I.P, R,C,E, 7191 PFR RI ACCEPIED AS THE S,E. C0101CIR OF PARCEL ^ 2 PER R2. l7, FOUND 1.5" I.P, R.C.E. 7191, NO REFERENCE, ACCEPTED AS E.C, OF E'LY BOUNDARY OF PARCEL 2 PER R2. A FOUND i,S" I,P, R.CF, 7191, NO REFERENCE, ACCEPTED AS D.C. OF Ely BOUNDARY OF PARCEL 2 PER R2 FOUND 1,5" I.P, R.C.E. 9783 RI ACCEPTED AS THE N.E. CORNER OF PARCEL 1 PER R2 Ann POUND 1_4" I.P. R.C.E. 7191 PER RI �)FOUNO 2" LP, LS. 7E145 PER RI, ACCEPTED AS THE N,W. CORNER OF PARCEL 2 PER R2. {� �y n A FOUND 2° LP. L.S. (NUMBER ILLEGIBLE), NO REl'ERENCE, 0.24' N%VLY OF D.C., ON WILY BOUNDARY OF PARCEL. 2 1rn PER R2, IN LIEU OF 1.5" LP R.C,E 7191 PFR RL A FOUND 1,5" I,P. 7191 .v+4N 1j11` R.C.F„ PER Rt EASEMENT NOTES: A :0 FNBE 1111:1 REGAL ^ASEMFNT FOR DRAINAGE PURPOSES OVER AND. FOR THE BENEFIT OE PARCELS 1-4, TO BE RESERVED IN DOCUMENTS. LEGEND: INDICATES DIE LAND AEIPIC 11111111111) BY THIS IIAP 0 INDICATES KIDIUMEN'i'TO BE SEL FLUSH fit? 2' I.P. R.t:,E, 26120 TO BE SET AT PARCEL. CORNFRS 3U' 1 3U 0 INDICATES FOUND MONUMENT 93.85' RI & R2 -'^BOUNDARY OF PARCEL I - PARCEL MAP 26073 BOOK 357. PAGES 53-70 w 'ti80"t.'tnnSR�j R4 'pn c;ovF- NOTE: ALL. BEARINGS AND DISTANCES SHOWN HEREON ARE MEASURED UNLESS OTHER -WISE NOTED,