HomeMy WebLinkAboutReso 2005-347
RESOLUTION NO. 2005-347
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AND ESTABLISHING
CONDITIONS OF A TENTATIVE MAP TO SUBDIVIDE A 3.0-
ACRE AND A 3.7-ACRE PARCEL ON EACH SIDE OF EAST
PALOMAR STREET IN VILLAGE SIX INTO A TWO-LOT
CONDOMINIUM MAP FOR 158 RESIDENTIAL UNITS -
OT A Y RANCH, LP
WHEREAS, the property which is the subject matter of this resolution is identified as
Exhibit '"A" attached hereto and described on Chula Vista Tract 05-16, and is commonly known
as Otay Ranch Village Six Mixed-Use Tentative Map, (Property); and
WHEREAS, a duly verified application for the subdivision of the Property in the form of
a tentative subdivision map known as '"Otay Ranch Village Six Mixed-Use Tentative Map, Chula
Vista Tract 05-16", (Project), was filed with the City of Chula Vista Planning and Building
Department on June 14,2005 by Otay Project L.P., (Applicant); and
WHEREAS, the application requests the approval for the subdivision of a 3.0-acre and a
3.7-acre parcel ofland on each side of the terminus of East Palomar Street located between View
Park Way and Magdalena Avenue within Otay Ranch Village Six SPA into 158 condominium
lots; and
WHEREAS, The Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act and has conducted an Initial
Study, IS-04-035 in accordance with the California Environmental Quality Act. Based upon the
results of the Initial Study, the Environmental Review Coordinator has determined that the
project could result in significant effects on the environment. However, revisions to the project
made by or agreed to by the applicant would avoid the effects or mitigate the effects to a point
where clearly no significant effects would occur; therefore, the Environmental Review
Coordinator has prepared a Mitigated Negative Declaration, IS-04-035; and
WHEREAS, the Planning Commission set the time and place for a hearing on said '"Otay
Ranch Village Six Mixed-Use Tentative Map, Chula Vista Tract 05-16", (PCS-05-16) and notice
of said hearing, together with its purpose, was given by its publication in a newspaper of general
circulation in the city and its mailing to property owners within 500 feet of the exterior
boundaries ofthe Project site at least ten days prior to the hearing; and
WHEREAS, a duly noticed public hearing was held at the time and place as advertised,
namely 6:00 p.m. on September 14,2005, in the Council Chambers, 276 Fourth Avenue, before
the Planning Commission and the Planning Commission recommended approval of the Project
and said hearing was thereafter closed; and
Resolution No. 2005-347
Page 2
WHEREAS, a public hearing was scheduled before the City Council of the City of Chula
Vista on proposed "Otay Ranch Village Six Mixed-Use Tentative Map, Chula Vista Tract 05-
16", (PCS-05-16) and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby find, detennine, resolve and order as follows:
1. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission at their
public hearing held on September 14, 2005, and the minutes and resolutions resulting
therefrom, are hereby incorporated into the record of this proceeding. These documents,
along with any documents submitted to the decision makers, shall comprise the entire
record of the proceedings for any California Environmental Quality Act (CEQA) claims.
II. ENVIRONMENTAL DETERMINATION
The Environmental Review Coordinator has reviewed the proposed project for
compliance with the California Environmental Quality Act and has conducted an Initial
Study, IS-04-035 in accordance with the California Environmental Quality Act. Based
upon the results of the Initial Study, the Environmental Review Coordinator has
detennined that the project could result in significant effects on the environment.
However, revisions to the project made by or agreed to by the applicant would avoid the
effects or mitigate the effects to a point where clearly no significant effects would occur;
therefore, the Environmental Review Coordinator has prepared a Mitigated Negative
Declaration, IS-04-035.
III. COMPLIANCE WITH CEQA
The City Council does hereby find that in the exercise of their independent review and
judgment, the Mitigated Negative Declaration and Mitigation Monitoring and Reporting
Program (IS-04-035) in the fonn presented has been prepared in accordance with
requirements of the California Environmental Quality Act (CEQA) and the
Environmental Review Procedures of the City of Chula Vista and hereby adopts the
same.
IV. ACTION
The City Council hereby approves the resolution approving the Otay Ranch Village Six
Mixed-Use Tentative Map, Chula Vista Tract 05-16, (PCS-05-16) involving 6.7-acres of
land known as Otay Ranch Village Six Mixed-Use Tentative Map in this resolution,
finding it is consistent with the City ofChula Vista General Plan, the Otay Ranch General
Development Plan, Village Six SPA Plan, and all other applicable Plans, and that the
public necessity, convenience, general welfare and good planning and zoning practice
support their approval and implementation.
Resolution No. 2005-347
Page 3
V. TENTATIVE SUBDIVISION MAP FINDINGS
A. Pursuant to Government Code Section 66473.5 of the Subdivision Map Act, the City
Council finds that the Otay Ranch Village Six Mixed-Use Tentative Map, Chula Vista
Tract 05-16, (PCS-05-16) as conditioned herein for Applicant, is in conformance with all
the various elements of the City's General Plan, the Otay Ranch General Development
Plan and Village Six Sectional Planning Area (SPA) Plan, based on the following:
1. Land Use
It is the City's goal to accommodate diversified housing types. The site is
designated for Medium-High density residential land use consistent with the
General Plan. Thus, the Project, as conditioned, is in substantial compliance with
the adopted General Plan.
2. Circulation
All on-site improvements exist or will be relocated and upgraded to serve the
subdivision. All off-site public streets required to serve the subdivision currently
exist. Street improvements will be provided to accommodate the mixed-use retail
and residential components as required.
3. Housing
The Project is consistent with the density prescribed within the General Plan and
will provide 158 attached condominium units for individual ownership. A
percentage of the I 58-units will include affordable units that will create additional
opportunities for residential ownership.
4. Parks. Recreation and Open Space
In fulfillment of its obligation to provide parkland, the developer will provide
land via an irrevocable offer of dedication, payment of in-lieu fees, or a
combination thereof towards a Community Park within the service area of Village
Six. The developer will also provide development fees in accordance with CVMC
17.10. In addition, the Project includes on-site open space areas for passive and
active recreation, such as a tot-lot, and the project is adjacent to the private
pedestrian park and swimming pool that will be provided for condominium
resident use.
5. Conservation
The Village Six EIR (Final EIR 98-01) addressed the goals and policies of the
Conservation Element of the General Plan and found development of this site to
be consistent with these goals and policies.
6. Seismic Safety
The proposed subdivision is in conformance with the goals and policies of the
Seismic Element of the General Plan for this site. No seismic faults have been
identified in the vicinity of the Project according to the Village Six SPA Geo-
technical Reconnaissance Report.
Resolution No. 2005-347
Page 4
7. Public Safety
The Fire Department and otber emergency service agencies have reviewed tbe
proposed subdivision for conformance witb City safety policies and have
determined that tbe proposal witb some minor alterations to roadway access
surface treatments meets tbe City Threshold Standards for emergency services.
8. Public Facilities
The Applicant will provide all on-site and off-site streets, sewers and water
facilities necessary to serve this Project. The developer will also contribute to the
Otay Water District's improvement requirements to provide terminal water
storage for this Project as well as otber major projects in tbe eastern territories.
9. Noise
The Project will include noise attenuation walls. In addition, all buildings are
required to meet tbe standards of the Uniform Building Code with regard to
acceptable interior noise levels.
10. Scenic Highwav
The roadway design provides wide landscaped buffers along tbe surrounding
parkways of La Media Road, Birch Road, and Olympic Parkway. There is no
scenic highway adjacent to the Project.
I\. Bicvcle Routes
Bicyclists will share internal streets witb motor vehicles due to tbe anticipated low
traffic volumes and limited speeds allowed on residential streets. Birch Road
includes a bike lane (class II) adjacent to the curb. La Media Road includes a
bike lane (class I) within the right-of-way on the road westerly side.
12. Public Buildings
Public buildings are not proposed on the Project site as part of tbe Community
Purpose Facility. A day care center is proposed at tbis location.
B. The configuration, orientation and topography of the site allow for a feasible setting for
passive or natural heating and cooling opportunities as required by Government Code
Section 66473.\.
C. The site is physically suited for residential development and tbe proposal conforms to all
standards established by the City for such project.
D. The conditions herein imposed on the grant of permit or otber entitlement herein
contained is approximately proportional both in nature and extend to the impact created
by tbe proposed development.
Resolution No. 2005-347
Page 5
VI. GENERAL CONDITIONS OF APPROVAL
A. Project Site Improvement
The Applicant, or their successors in interest, shall improve the Project Site
described as Otay Ranch Village Six Mixed-Use Tentative Map, Chula Vista
Tract 05-16, (PCS-05-16) in conformance with all conditions of approval.
B. Design Consistency
Any improvements by the Applicant shall be in accordance with the Otay Ranch
and City of Chula Vista Design Guidelines and in accordance with a Design
Review approval by the Design Review Committee subsequent to the City
Council approval.
VII. CONDITIONS OF APPROVAL
The conditions herein imposed on the tentative map approval or other entitlement herein
contained is approximately proportional both to nature and extent of impact created by
the proposed development. Unless otherwise specified, all conditions and code
requirements listed below shall be fully completed to the City's satisfaction prior to
approval of the Final Map.
1. The Applicant shall obtain the appropriate permits for development of the project
site, and a Design Review permit shall be required for review and approval by the
Design Review Committee prior to the submittal of building permits to the Planning
and Building Department.
2. The Applicant shall implement, to the satisfaction of the Director of Planning and
Building and the Environmental Review Coordinator, all mitigation measures
identified in the Final Mitigated Negative Declaration (lS-04-035) and Mitigation
Monitoring and Reporting Program in accordance with the requirements, provisions
and schedules contained therein. Modification of the sequence of mitigation shall
be at the discretion of the Director of Planning and Building and Environmental
Review Coordinator should changes in circumstances warrant such a revision.
3. Applicant shall pay Park Acquisition and Development (PAD) fees in the amount
required at the time of first building permit issuance based upon actual dwelling
unit types as defined in the parkland dedication ordinance. The city estimates the
PAD fee would be approximately $442,874 (158 x $2,803/mf unit) in Park
Development Fees and 1.24-ac (158 x 341.1/mf unit) in Parkland Dedication
Obligation, respectively. Outstanding land dedication will be due prior to first
building permit as an IOD towards Community Park acreage adjacent to areas
previously dedicated in future Otay Ranch Village Two. Fees/rates are subject to
change based on the fees in effect at the time of the first building permit issuance
and actual dwelling unit types as defined in the Parkland Dedication Ordinance.
Resolution No. 2005-347
Page 6
4. Applicant shall provide a site plan for construction documents will show the
widening of East Palomar to 154- ft. and will require the redesign of street tree and
parkway landscaping. The site plan shall illustrate the modifications to the Master
Landscape Plan for review and approval by the Department of General Services
Landscape Architecture Section.
5. Applicant shall show all existing developments adjacent to the project site on a site
plan for construction, including the public park to the southwest, the CPF site
improvements to the northeast and all other surrounding multi-family projects.
Show all driveways from these projects that access View Park Way and Magdalena
Ave along the sections of these streets that are adjacent to the subject project. Show
proposed access to the subject project from these streets; show these to line up with
opposing access to the R-8 and R-9B projects. A drivable police access between
MU-I and Santa Venetia Park (Park P-I) was provided in the Park's design.
Continuity with that drivable access to either View Park Way or Magdalena Ave.
needs to be shown on the Tentative Map and constructed to the satisfaction of the
Police Department.
6. Applicant shall show all lots on the MU-I and MU-2 parcels on the site plan for
construction, and if the applicant wishes to subdivide the existing lots and create lot
lines for the proposed 0.7-acre Community Purpose Facility site, it must be shown
on the Tentative Map.
7. Applicant shall show on the site plan for construction the proposed locations of
sewer connections for all proposed internal lots including line and grade of
proposed on-site public and private sewer lines. Show how the site will be
connected to public storm drains.
8. Applicant shall show existing striping at the intersections of East Palomar Street
with View Park Way and Magdalena Ave on the site plan for construction.
9. Applicant shall show on the site plan for construction the grading contour lines
shown as "existing" and label per the approved Village 6 Rough Grading Plan
(CCV Drawing No. 02011) and subsequent construction changes (show the existing
de-silting basins, risers and connections to public storm drains). Show all adjacent
sewer, water, reclaimed water, storm drain facilities surrounding the project.
10. Applicant shall show on the Final Map as well as on the site plan for construction,
an enlargement of the section of East Palomar Street between View Park Way and
Magdalena Avenue. Show all details both within and outside the ROW including
proposed walkways, bicycle facilities and streetscape. To the extent these are
known: indicate building interface with adjacent pedestrian access.
11. Applicant shall show on the final condominium map a note on the cover referencing
only the subject project on MU-I and MU-2 and not all of the multi-family projects
in Otay Ranch's Village Six.
Resolution No. 2005-347
Page 7
12. Applicant shall show the density of the subject project in the table on the last sheet
on the site plan for construction document.
13. Applicant shall pay all applicable fees based on the final building plans submitted,
such as Sewer Connection/Capacity Fees, Traffic Signal Fees, and Development
Impact Fees.
Improvement Plans and Final Maps:
14. The Tentative Map indicates that East Palomar Street will be widened to provide
angled parking along the project frontage on the north side of East Palomar. The
cross-section of the proposed angled parking shall also be depicted on the Tentative
Map. Prior to the issuance of any building permits for the project, street
improvement plans for this section of East Palomar Street shall be submitted for
approval by the City Engineer.
15. Prior to the issuance of any building permits for the project the Applicant shall
secure the installation and install a fully operating traffic signal at East Palomar
Street and View Park Way (the plans for this signal were submitted and approved as
part of the street improvement plans for East Palomar S1.: CCV Drawing No.
02039).
16. Applicant shall submit a conceptual site-grading plan in conjunction with a Design
Review process. Grading plans and permits for MU-I and MU-2 will be required to
be in conformance with the Design Review Committee approved site plans.
17. No visible obstructions (slopes, trees, shrubs, walls, etc.) greater than 3.5 feet
measured from street grade, or lower than 6 feet above street grade, shall be placed
within sight distance lines at all comers. Sight distance lines, per City of Chula
Vista Municipal Code, will be required on all plan submittals (grading,
improvement, and final maps).
18. All proposed sidewalks and walkways, including those within or outside the public
Right-of-way, pedestrian ramps, and disabled parking shall be designed to meet
ADA standards.
19. The project will require the filing of final maps in accordance with Sections 66426
and 66427 of the Subdivision Map Act. The applicant shall enter into an agreement
prior to approval of the final map(s) to secure all public improvements required for
the development of the project.
Sewer Service:
20. Prior to the issuance of any building permits for the project, the Applicant shall
satisfy the City Engineer that the Poggi Canyon Sewer Trunk has adequate capacity
to serve the project. This condition may be satisfied by the completion of the
project, now underway, to upgrade Reach 205 of Poggi Trunk Sewer.
Resolution No. 2005-347
Page 8
21. Separate sewer improvement plans for MU-I and MU-2 will be required. The plans
shall show sewer mains designed to City of Chula Vista Subdivision Manual
standards that shall be installed to serve as backbone systems within easements
granted to the City that are provided with a structural section designed to
accommodate minimum H-20 wheel loads using a traffic index equal to 5.
Storm Water Management:
22. Development of the project shall comply with all applicable regulations established
by the United States Environmental Protection Agency (USEPA) as set forth in the
National Pollutant Discharge Elimination System (NPDES) permit requirements for
urban runoff and storm water discharge and any regulations adopted by the City of
Chula Vista pursuant to the NPDES regulations or requirements. Further, the
applicant shall file a Notice ofIntent (N0l) with the State Water Resources Control
Board to obtain coverage under the NPDES General Permit for Storm Water
Discharges Associated with Construction Activity and shall implement a Storm
Water Pollution Prevention Plan (SWPPP) concurrent with the commencement of
grading activities. The SWPPP shall include both construction and post-
construction pollution prevention and control measures and shall identify funding
mechanisms for post-construction and permanent control measures.
23. Development of the Mixed-Use project is subject to the requirements of Section
F.l.b. (2) of the NPDES Municipal Permit concerning Standard Urban Storm Water
Mitigation Plans (SUSMP), and Numeric Sizing Criteria. The applicant shall
comply with those requirements in accordance with the City of Chula Vista
SUSMP.
24. A water quality study is required to identify potential storm water pollutants
generated at the project site during and after construction, and propose Best
Management Practices (BMPs) to reduce those pollutants to the maximum extent
practicable. The Applicant shall be required to complete the applicable Storm Water
Compliance Forms (5500 series forms) and comply with the City of Chula Vista's
Storm Water Management Standards Requirements Manual (Standards Manual) as
directed therein.
25. The Applicant will be required to implement BMPs to prevent pollution of storm
water conveyance systems located in the public right of way, both during and after
construction. Permanent storm water BMPs, including required site design, source
control and structural treatment measures shall be incorporated into the project
design, and shall be shown on an approved site improvement plan. Required
construction and non-structural BMP requirements that cannot be shown
graphically, and on-going maintenance and implementation of BMPs and source
control measures, shall be described in the project's SWPPP.
26. The Applicant, or an approved private entity, shall operate and maintain the project
site including the approved construction, post-construction and permanent BMPs in
a manner that minimizes the introduction of pollutants to the public streets and
storm drain systems to the maximum extent practicable. The applicant shall
demonstrate to the satisfaction of the City Engineer that the project site will be
maintained in accordance with the SWPPP.
Resolution No. 2005-347
Page 9
27. The approved tentative map, street improvements, grading plans, final maps and
site improvement plans shall all be submitted in digital form in California State
Plane Coordinate System (NAD 83, Zone 6).
28. The Applicant may be subject to additional requirements and conditions during the
Design Review and Final Map entitlement process, depending upon subsequent
plans submitted for approval.
29. The approval of this Tentative Map shall not be effective unless the Otay Ranch
GDP Land Use Table Amendment, Village Six SPA Plan Site Utilization Plan Map
Amendment, and the Planned Community (PC) District Regulations Land Use
District Plan Map Zone Change are approved by the Chula Vista City Council.
30. Applicant shall execute an affordable housing agreement with the Housing Division
to determine the exact number and location of units within the residential buildings
that shall be deemed affordable housing units within the l58-unit condominium
map prior to the recordation of the Final Map.
VIII. CONSEQUENCE OF FAILURE OF CONDITIONS
If any of the foregoing 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, revoke or further condition issuance
of all future building permits 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.
IX. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent
upon the enforceability of each and every term, provision and condition herein stated; and
that in the event that anyone or more terms, provisions, or conditions are determined by a
Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution
shall be deemed to be automatically revoked and of no further force and effect ab initio.
Presented by
Approved as to form by
11
~~ '{~$\~~ 1~\<J.~
Ann Moore
City Attorney
andoval
ing and Building Director
Resolution No. 2005-347
Page 10
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista.
California, this 11 th day of October, 2005, by the following vote:
AYES:
Councilmembers:
Castaneda, McCann, and Padilla
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
ATTEST:
-~o.....u~ d (J~
Susan Bigelow, MMC, City lerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2005-347 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the lith day of October 2005.
Executed this II th day of October 2005.
,
:::::- ~U6.1~~ C
Susan Bigelow, MMC, City erk
)
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