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HomeMy WebLinkAboutReso 82-2015 RESOLUTION NO. 82-2015 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION GRANTING AN APPEAL AND REVERSING THE PLANNING COMMISSION DENIAL OF PLANNING APPLICATION P 14-0078,INCLUDING USE PERMIT UP 14-0007, TO ALLOW THE SUBSTITUION OF A LEGALLY ESTABLISHED NONCONFORMING USE (AUTO REPAIR) WITH ANOTHER NONCONFORMING USE (SERVICE STATION CONVENIENCE MARKET) WITHIN AN EXISTING SERVICE STATION AT 221 AIRPORT BOULEVARD IN THE GRAND AVENUE CORE ZONING DISTRICT. WHEREAS, Zareh Samurkashian ("Applicant"), submitted an application requesting approval of a Use Permit(UP 14-0007)and Design Review(DR14-0046)to allow the substitution of a legally established nonconforming use (Auto Repair) with another nonconforming use (Service Station Convenience Market), to expand the existing nonconforming Service Station with the installation of an underground diesel fuel storage tank to provide diesel fueling, and to allow miscellaneous exterior modifications at 221 Airport Boulevard ("Project"); and, WHEREAS,on January 15,2015,the South San Francisco Planning Commission("Planning Commission") held a public hearing and denied Use Permit UP 14-0007; and, WHEREAS, on January 29, 2015, George Corey, on behalf of the Applicant (collectively "Apellants"),submitted a timely letter of appeal challenging the Planning Commission's action;and, WHEREAS,the City Council held a duly noticed public hearing on April 8,2015,which was continued to May 13,2015,and another duly noticed public hearing on July 8,2015,to consider the appeal and take public testimony; and, WHEREAS, approval of the Applicant's proposal is considered a"project"for purposes of the California Environmental Quality Act, Pub. Resources Code § 21000, et seq. ("CEQA"); and, WHEREAS, the Project is categorically exempt under CEQA as a Class 1 Categorical Exemption for existing facilities projects, and as a Class 3 Categorical Exemption for new construction of small structures, as set forth in greater detail below, and is consistent with the applicable General Plan and Zoning Ordinance requirements; and, WHEREAS, the City Council, consistent with the provisions of CEQA and the CEQA Guidelines, analyzed the potential environmental impacts of the Project, and by this resolution, exercises their independent judgment regarding the Project. NOW,THEREFORE,BE IT RESOLVED that based on the entirety of the record before it, which includes without limitation,the California Environmental Quality Act,Public Resources Code §21000,et seq.("CEQA")and the CEQA Guidelines, 14 California Code of Regulations§15000,et seq.; the South San Francisco General Plan, General Plan EIR and South El Camino Real General Plan Amendment EIR; the South San Francisco Municipal Code; the Project applications; all site plans,and all reports,minutes,and public testimony submitted as part of the Planning Commission's meeting held on January 15,2015,and Planning Commission deliberations;and all reports,minutes, and public testimony submitted as part of the City Council's duly noticed public hearing on April 8, 2015 which was continued to May 13,2015 and to July 8,2015,and City Council deliberations;and any other evidence(within the meaning of Public Resources Code§21080(e)and§21082.2),the City Council of the City of South San Francisco hereby finds as follows: A. General Findings 1. The foregoing recitals are true and correct and made a part of this Resolution. 2. The Exhibits attached to this Resolution, including the Conditions of Project Approval (Exhibit A) and the 221 Airport Blvd Project Plans (attached as Exhibit B) are each incorporated by reference and made a part of this Resolution, as if set forth fully herein. 3. The documents and other material constituting the record for these proceedings are at the Planning Division for the City of South San Francisco, 315 Maple Avenue, South San Francisco, CA 94080, and in the custody of the Chief Planner, Sailesh Mehra. 4. Based upon the testimony and information presented at the hearing and upon review and consideration of the environmental documentation provided, the City Council, exercising its independent judgment and analysis,finds that the Project falls within the Categorical Exemption set forth in CEQA Guidelines Section 15301/Class 1,which exempts from the provisions of CEQA the minor alteration of existing private structures involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination,and within the Categorical Exemption set forth in CEQA Guidelines Section 15303/Class 3,which exempts from the provisions of CEQA the installation of small new equipment and facilities,because the Project will entail the expansion of an existing convenience market into an area formerly used as an auto repair use,with no expansion of the building area,and the installation of a new underground fueling tank but no increase in the total number of six existing fueling stations. B. Use Permit 1. The proposed Service Station Convenience Market use,which is an existing use on the subject site,is not permitted within the Grand Avenue Core("GAC")Zoning District. However, SSFMC Section 20.320.005 allows the substitution of a nonconforming use with another nonconforming use subject to approval of a Use Permit. The proposed substitution of use complies with Chapter 20.330 and all other applicable provisions of this Ordinance and all other titles of the South San Francisco Municipal Code; 2. The proposed use is consistent with the General Plan and the Downtown Station Area Specific Plan("DSASP")in that the project site is designated Grand Avenue Core,which envisions Grand Avenue remaining as the historic retail center of the City, and encouraging the creation of a comfortable pedestrian environment.The proposed use would install street scape improvements that are set forth in the Downtown Station Area Specific Plan and would encourage pedestrian use of that parcel. 3. The proposed use will not be adverse to the public health,safety,or general welfare of the community, nor detrimental to surrounding properties or improvements because the proposal involves the expansion of an existing use (convenience market) within an existing building, replacing another nonconforming use on the site(auto repair). The proposed use will have a reduced parking impact in comparison with the previous auto repair use,the existing building footprint will not be altered, the service station use will not be expanded beyond the six fueling stations that currently exist on the site,and the project will include improvements within the public right-of-way that will implement new streetscape designs anticipated in the Downtown Station Area Specific Plan. 4. The existing building,including the proposed modifications and changes required in the conditions of approval,complies with design or development standards applicable to the zoning district,and the proposed use will make only cosmetic physical changes to the property. A condition of approval has been added to ensure that a separate application is submitted for any signage 5. The design,location,size,and operating characteristics of the proposed activity would be compatible with the existing and reasonably foreseeable future land uses in the vicinity because the proposed use will remove the existing auto repair use and replace with an expanded convenience market use. All other aspects of the existing use, including the service station, will continue as currently exists.The project will also include improvements within the public right-of-way that will implement new streetscape designs anticipated in the Downtown Station Area Specific Plan. In addition, a condition of approval has been added restricting large diesel trucks from using the site and to remove the existing Grand Avenue driveway located closest to Airport Blvd. 6. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, in that the existing building on site will be reused with a largely similar and compatible use. The proposed project will not result in a physical expansion of the building and will result in an intensity of use that will generate four less additional parking spaces,in accordance with the required parking calculations set forth in 20.330.007 of the Zoning Ordinance.The project will also include improvements within the public right-of-way that will implement new streetscape designs anticipated in the Downtown Station Area Specific Plan. 7. In accordance with the California Environmental Quality Act, staff has determined that the proposed project is Categorically Exempt pursuant to the provisions of Section 15301 — Class 1:Minor alterations of an existing site and structure with negligible changes and Section 15303 —Class 3: New construction or conversion of small structures (CEQA Guidelines). C. Substitution of Nonconforming Use 1. The previous nonconforming use was authorized by the City in 1962 and has continuously maintained a City business license in accordance with the SSFMC. 2. The proposed expansion of the convenience market use will not be detrimental to the public health,safety or welfare of surrounding properties for the reasons stated in Finding B.3 above. 3. The proposed new use will not preclude or interfere with implementation of the General Plan or the DSASP for the reasons stated in Finding B.2 above. 4. The proposed expansion of the convenience market will not depress the value of nearby properties or create conditions that would impede their redevelopment or use in compliance with the General Plan because the expansion of the existing convenience market use will replace the auto repair use, and no substantial physical changes are proposed to the existing building or site. 5. The proposed expansion of the Convenience Market use will be no less compatible than the Auto Repair use that it is replacing. The proposed use will have the same hours of operation as the existing use;no substantial physical changes are proposed to the building or site;the parking requirements for the proposed use are less than the previous use; and there should be no noticeable change to surrounding properties due to the change in uses; 6. The proposed new use will not result in an average daily trip increase of more than five percent of the current use based on the Institute of Traffic Engineers ("ITE") trip generation rates, or the unique operational characteristics, because the applicant provided traffic information showing that the existing service bays receive minimal trips in comparison to the service station and convenience market, and therefore both the current and proposed use will operation meets the definition of "Gasoline/Service Station with Convenience Market" according to the ITE Trip Generation Manual. The proposed use will not result in additional fueling islands or parking areas on the site, and therefore staff does not anticipate an average daily trip increase of more than five percent of the current use. 7. The Grand Avenue Core is a primarily commercial and service oriented uses,which is supplemented by some residential development. The operating characteristics of the new use would be compatible with the existing and reasonably foreseeable future land uses in the vicinity because the proposed use will remove the existing auto repair use and replace with an expanded convenience market use. All other aspects of the existing use, including the service station, will continue as currently exists, and will not introduce any new impacts related to noise, odors, dust, glare, vibrations or other effects. 8. Exterior changes are proposed to the building and landscaping changes are proposed to the site to improve the building and site aesthetic on Grand Ave and Airport Blvd, and there should be no noticeable change to surrounding properties due to the removal of the Auto Repair use and expansion of the Convenience Market use. The site will see additional landscape enhancement on the subject site and within the public right of way,and the parking requirement for the expanded Convenience Market is less (5 spaces) than the parking requirement of the Auto Repair use (8 spaces). D. Design Review Findings 1. The applicable standards and requirements of the South San Francisco Zoning Ordinance have been addressed and the Design Review Board commented on the project at their meeting on December 16, 2014. Planning Division Conditions of Approval are attached to ensure that the Design Review Board comments are addressed. 2. The project, including Design Review, is consistent with the General Plan for the reasons set forth in Use Permit Finding B.2 above. 3. The project complies with the design standards adopted by Council in that the proposed design is consistent with the Downtown Station Area Specific Plan Standards and Supplemental Regulations included in Sections 20.280.004 &20.280.006. 4. This application includes an application for a Use Permit, in conjunction with the Design Review application. Staff is recommending support,and therefore,the applicant is following the required process for approval of the Design Review component of this project. 5. The applicable design review criteria found in Section 20.480.006("Design Review Criteria")have been met. The application has been reviewed by the Design Review Board and staff to ensure that the modifications are designed to be harmonious with the existing building design and surrounding structures, and the parking and landscaping are adequately addressed. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco hereby makes the findings contained in this Resolution and based on the conditions of approval, grants the appeal, reversing the Planning Commission's decision, and approves Planning Application P14-0078, including Use Permit UP14-0007. BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its passage and adoption. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 8th day of July 2015 by the following vote: AYES: Councilmember Pradeep Gupta Vice Mayor Mark N. Addiego and Mayor Richard A. Garbarino NOES: Councilmembers Karyl Matsumoto and Liza Normandy ABSTAIN: None ABSENT: None ATTEST: ��:_- - . artinelli, City Clerk Entitlements Resolution-Exhibit A Conditions of Approval 7 DRAFT CONDITIONS OF APPROVAL P14-0078: UP14-0007&DR14-0046 221 AIRPORT BLVD (As recommended by City Staff on July 8, 2015) A) Planning Division requirements shall be as follows: 1. The applicant shall comply with the Planning Divisions standard Conditions and Limitations for Commercial, Industrial,Mixed-Use and Multi-Family Residential Projects. 2. The project shall be constructed and operated substantially as indicated on the plan set prepared by Nilmeyer Nilmeyer Associates,Architects, dated June 12,2014,as amended by the conditions of approval. 3. The applicant shall comply with all applicable mitigation measures outlined in the Mitigation Monitoring and Reporting Program(MMRP)for the Downtown Station Area Specific Plan. 4. All equipment(either roof,building,or ground-mounted)shall be screened from view through the use of integral architectural elements, such as enclosures or roof screens,and landscape screening or shall be incorporated inside the exterior building wall. Equipment enclosures and/or roof screens shall be painted to match the building. Prior to issuance of a building permit the applicant shall submit plans showing utility locations, stand-pipes,equipment enclosures, landscape screens, and/or roof screens for review and approval by the Chief Planner or designee. 5. No signs are included in this permit application. Prior to installation of any signage,the applicant shall submit an appropriate sign application per Chapter 20.360 of the Zoning Ordinance for review and approval by the Chief Planner or designee. 6. Prior to issuance of any building or construction permits for the construction of public improvements,the final design for all public improvements shall be reviewed and approved by the City Engineer and Chief Planner. 7. Prior to issuance of any building or construction permits for landscaping improvements, the applicant shall submit final landscaping and irrigation plans for review and approval by the Chief Planner. The plans shall include documentation of compliance with SSFMC § 20.300.007"Landscaping", including Water Efficient Landscaping and Irrigation calculations. 8. All parking areas shall be striped and are to be maintained free and clear of litter and storage and shall remain clear for parking at all times. No outdoor storage of materials is allowed. 9. Prior to issuance of any building or construction permits,the developer shall revise the development plans to address the following design related comments, subject to review 8 and approval by the Chief Planner or designee: a) Install landscaping between the circulation area and the sidewalk adjacent to Grand Avenue where the existing driveway will be removed. b) Install public right-of-way improvements in keeping with the Downtown Station Area Specific Plan, including new sidewalk paving,corner widenings, street furnishings, and landscaping. 10. Any modification to the approved plans shall be subject to SSFMC Section 20.450.012 ("Modification"),whereby the Chief Planner may approve minor changes. All exterior design modifications, including any and all utilities, shall be presented to the Chief Planner for a determination. 11. Prior to issuance of any building or construction permits,the developer shall revise the development plans to include the following Climate Action Plan requirements, subject to review and approval by the Chief Planner or designee: a) Implement the Water Efficient Landscape Ordinance. 12. Prior to the issuance of any building or construction permits, the applicant shall contact the South San Francisco Scavenger Company to properly size any required trash enclosures and work with staff to locate the trash enclosure in accordance with the zoning ordinance, SSFMC 20.300.014. An approval letter from South San Francisco Scavenger shall be provided to the Chief Planner. 13. The Convenience Market use shall be prohibited from obtaining a California Department of Alcoholic Beverage Control retail license for the sale of alcoholic beverages. 14. The Service Station use shall prohibit tractor-trailer or similar diesel fuel vehicles from obtaining diesel fuel at the subject site. Planning Division contact: Billy Gross, Senior Planner(650) 877-8535 B) Fire Department requirements shall be as follows: 1. Prior to issuance of a building permit the applicant shall submit plans showing the following improvements for review and approval by the Fire Marshal or designee: a) Provide fire extinguishers throughout the building. b) All buildings shall provide premise identification in accordance with SSF municipal code section 15.24.100. c) Provide Knox key box for each building with access keys to entry doors, electrical/mechanical rooms, elevators,and others to be determined. 9 d) All buildings shall have Emergency Responder Radio Coverage throughout in compliance with Section 510 of the California Fire Code. Fire Prevention contact: Luis DaSilva, Fire Marshal (650) 829-6645 C) Engineering Division requirements shall be as follows: 1. The developer shall comply with the applicable requirements of the Engineering Division's"Standard Conditions for Commercial and Industrial Developments", as contained in the Engineering Division's"Standard Development Conditions"booklet, dated January 2009. A copy of this booklet is available from the Engineering Division at no cost. 2. The building permit application drawings shall include an underground utility plan showing all existing and proposed underground utilities within the site. A storm drainage plan shall also be submitted showing the location of existing and proposed catch basins, drainage pipes,materials, sizes and invert elevations and surface pavement grades showing that storm water runoff, as modified by the new curbs,will be collected by the on-site inlets and will not result in ponding within the site or flow on to adjacent private property. The location of existing and proposed storm water filtration devices and their construction details shall also be shown on the plans. 3. The developer shall repair any broken sidewalk, curb and gutter fronting the property upon completion of the major construction work and prior to requesting a fmal inspection for the new car wash. 4. Grand Avenue Driveway. The applicant shall remove the existing driveway approach on Grand Avenue that is located adjacent to Airport Blvd. The driveway approach shall be replaced with new monolithic curb,gutter, and sidewalk matching the adjacent improvements. In order to prevent vehicles from driving over the public sidewalk, the applicant shall install a 6"high concrete curb and landscape planter at the northeast corner of the site in front of the location of the driveway that is to be removed. 5. All work performed within the City's public street rights-of-way or easements shall require an encroachment permit issued by the Engineering Division. The owner shall apply for and pay all fees and deposits for the encroachment permit prior to receiving a building permit for the proposed improvements. Engineering Division contact: Eric Evans,Associate Engineer(650) 829-6652 D) Police Department requirements shall be as follows: 1. Municipal Code Compliance. The applicant shall comply with the provisions of Chapter 15.48 of the Municipal Code, "Minimum Building Security Standards" Ordinance revised May 1995. The Police Department reserves the right to make additional security and safety conditions, if necessary,upon receipt of detailed/revised building plans. Police Department contact: Sergeant Adam Plank (650) 877-7248 10 Entitlements Resolution -Exhibit B 221 Airport Blvd Project Plans 11 kill Q 111111111 . I ZZ ii ii Ihi' it,i II ill 1 i 1t 10 11 i'1 1 ! i ilVi } iii 1 A IIIIIIII 1 - it Illiii P. o 0 Z 11 i 111131 M 114,111 1i�� !t'! t� o P. - (3o 1111! 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