HomeMy WebLinkAboutEnvironmental Nature Center_UP2007-005_1601 16th St (PA2007-030)CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No.�L
May 3, 2007
TO: PLANNING COMMISSION
FROM: Planning Department
Rosalinh Ung, Associate Planner
rung C&citv_.newport- beach.ca. us
(949) 644 -3208
SUBJECT: Environmental Nature Center
Use Permit No. 2007 -005 (PA2007 -030)
1601 16`h Street
APPLICANT: Environmental Nature Center
ISSUE
Should the Planning Commission approve a Use Permit to allow the Environmental
Nature Center to demolish the existing 1,894 square foot modular building and replace it
with two buildings comprising 6,641 square feet of floor area?
Staff recommends that the Planning Commission approve Use Permit No. 2007 -005,
subject to the findings and conditions of approval included within the attached draft
resolution.
DISCUSSION
Proposed Expansion & Improvements
The applicant is proposing to expand its facility by demolishing the existing modular
building and constructing two new buildings to accommodate the public and private
operations of the Environmental Nature Center (ENC). The proposed expansion to the
existing center requires the approval of a Use Permit pursuant to Section 20.25.020(D)
of the Municipal Code (GEIF District: Additional Land Use Regulations). This Section
states that an approval of a use permit pursuant to the provisions of Chapter 20.91 is
required for any expansion or changes in the operation characteristics of an existing
use within this zoning district. The applicant, therefore, is seeking approval of this Use
Permit request.
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Environmental Nature Center
May 3, 2007
Page 3 of 7
Existing General Plan Land Use Designations
Existing Zoning Designations
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Environmental Nature Center
May 3, 2007
Page 4 of 7
The proposed buildings are single -story, approximately 29 feet in height. The smaller of
the two buildings will be situated along the rear property line. This building is
approximately 2,436 square feet in size and will be used for administration purposes
and includes offices, a conference room, restroom facilities, and a break room for staff.
The larger building will be situated to the east of the administration building, directly
south of the parking lot and will be used as the public educational /cultural center. This
building is approximately 6,099 square feet in size and contains a lobby, two
classrooms, a museum, a small nature store and restroom facilities.
The existing 1,894 square -foot butterfly enclosure /greenhouse will remain in place. The
existing parking lot and drive aisle will be reconfigured and reconstructed to improve the
overall on -site traffic circulation and to provide the required number of parking spaces.
A total of 31 parking spaces (29 regular -size parking spaces and 2 bus -size stalls) will
be provided. The existing single ingress /egress point from 16th Street will be removed
and replaced with two new ingress /egress driveways.
The ENC's hours of operation are Monday through Friday from 8:00 a.m. to 5:00 p.m.,
and Saturday from 8:00 a.m. to 4:00 p.m. No changes to the current operating hours
are proposed.
Existing Site Conditions
The entire Environmental Nature Center (ENC) is approximately 3.5 acres in size. A 0.99 -
acre (43,350 square feet) parcel belongs to the Center and the applicant has a 45 -year
lease with the Newport-Mesa Unified School District for the use of the remaining 2.51
acres, which currently is improved with walking trails and California native plant specimen.
The 0.99 -acre parcel fronting on 161" Street is the subject of the Use Permit application as
it currently contains the ENC headquarters consisting of a 1,894 square foot modular
office /museum building and a 1,860 square foot butterfly enclosure /greenhouse.
Analysis
General Plan — Land Use Element
The proposed project is consistent with the Land Use Element of the 2006 General Plan
which designates the property as Private Institutional with maximum floor area ratio of
0.50 (P.I. 0.5). The PI designation is intended to provide for privately -owned facilities that
serve the public, including places for religious assembly, private schools, healthcare
facilities, cultural institutions, museums, yacht clubs, congregate homes, and comparable
facilities. The existing ENC is a nonprofit organization, privately owned cultural institution
that preserves and displays objects of science, both indoors and outdoors, for public
benefit. The proposed FAR for the subject property is 0.20.The proposed project presents
no conflict with the policies of the General Plan.
Environmental Nature Center
May 3, 2007
Page 5 of 7
Zoning Code
The subject property is located within the Governmental, Educational and Institutional
Facilities (GEIF) District. The existing ENC is a permitted use in this district. All
development regulations of the GEIF District would be met, including structure height
limitations and floor area limits. The following chart summarizes the proposed
development standards for the new buildings:
Development Standards
Required
Proposed
Setbacks
Minimum yards to be
established by use permit
- Front
24' -9"
- Side
5'
- Rear
6' -3"
Maximum Building Height
32/50
28' -11"
Maximum Floor Area Limit
0.50
0.20
Parking
29 (1 space/ 300 s.f.)
31 (29 regular size stalls +
2 bus -size stalls
Use Permit Findings
Section 20.91.035(A) of the Zoning Code requires the Planning Commission to make
certain mandatory findings for the approval of a Use Permit. These findings are listed and
discussed below.
That the proposed location of the use is in accord with the objectives of this code
and the purposes of the district in which the site is located.
The purpose of the GEIF District is to accommodate the establishment or expansion of
large public and semi - public uses. An approval of a Use Permit, in accordance with the
provisions of Chapter 20.91, the operation of an existing facility and the proposed
expansion to its facility are consistent with this purpose and with that of the Zoning Code,
which is to promote the growth of the City of Newport Beach in an orderly manner and to
promote and protect the public health, safety, peace, comfort and general welfare, and to
protect the character and social and economic vitality of all districts within the City, and to
assure the orderly and beneficial development of such areas.
2. That the proposed location of the use permit and the proposed conditions under
which it would be operated or maintained will be consistent with the General Plan
and the purpose of the district in which the site is located; will not be detrimental to
the public health, safety, peace, morals, comfort, or welfare of persons residing or
working in or adjacent to the neighborhood of such use; and will not be detrimental
06
Environmental Nature Center
May 3, 2007
Page 6 of 7
to the properties or improvements in the vicinity or to the general welfare of the
City.
The existing facility has been operating at this location since 1972 and has not proven
to conflict with surrounding uses or proven inconsistent with the surrounding area within
the GEIF District. The proposed new buildings have been designed to meet all of the
development regulations of the GEIF Zoning District. The operational characteristics and
function of the ENC at this location will not substantially change from that of the existing
privately owned cultural institution which has not proven to be detrimental to the
surrounding area or the City.
3. That the proposed use will comply with the provisions of this code, including any
specific condition required for the proposed use in the district in which it would be
located.
The proposed expansion to the existing ENC has been reviewed and conditioned to
ensure that conflicts with surroundings land uses are minimized, or eliminated, to the
greatest extent possible. No specific conditions for cultural institutions are contained in
the Municipal Code other than the provision of on -site parking requirement of one space
for every 300 square feet gross floor area, with which the project has complied.
Environmental Review
This project has been reviewed, and it has been determined that it is categorically exempt
from the requirements of the California Environmental Quality Act (CEQA) under Class 1
(Existing Facilities). The proposed expansion to the existing facility will not result in an
increase of more than 10,000 square feet in size. The project is located in a developed
area where all public services and facilities are available to allow for the maximum
development permissible in the Newport Beach General Plan of 0.50 floor area ratio
(FAR). The proposed FAR for the subject property is 0.20, well within the maximum
allowable building square footage.
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to property owners within
300 feet of the property and posted at the site a minimum of 10 days in advance of this
hearing consistent with the Municipal Code. Additionally, the item appeared upon the
agenda for this meeting, which was posted at City Hall and on the city website.
CONCLUSION
Based on the location of the existing Center and its operational character, proposed
expansion, and proposed conditions of approval, staff believes that the findings of
approval for the Use Permit can be made for this request in that it is not likely that the
expansion will prove detrimental to the community.
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Prepared by:
Exhibits
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Environmental Nature Center
May 3, 2007
Page 7 of 7
Submitted by:
David Lep anning Director
1. Draft Resolution No. 2007-_; findings and conditions of approval
2. Letter and project description from applicant
3. Project Plans
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EXHIBIT 1
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COMMISSION
RESOLUTION
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH APPROVING USE PERMIT NO. 2007 -005 TO
ALLOW THE CONSTRUCTION OF A 2,436 SQUARE -FOOT BUILDING
AND A 6,099 SQUARE -FOOT BUILDING ON PROPERTY LOCATED
AT 1601 16th STREET (PA2007 -030)
WHEREAS, an application was filed by the Environmental Nature Center (ENC)
with respect to property located at 1601 16th Street, and legally described as Parcel 1 of
Parcel Map No. 99 -139, requesting approval of a Use Permit to allow the ENC to
demolish the existing 1,894 square foot modular building and replace it with two building
comprising 6,641 square feet of floor area; and
WHEREAS, a public hearing was held on May 3, 2007, in the City Hall Council
Chambers, at 3300 Newport Boulevard, Newport Beach, California. Notice of this
hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the
property and posted at the site a minimum of 10 days in advance of this hearing
consistent with the Municipal Code. Additionally, the item appeared upon the agenda for
this meeting, which was posted at City Hall and on the city website; and
WHEREAS, the proposed project is consistent with the Land Use Element of the
General Plan, which designates the property as Private Institutional with maximum floor
area ratio of 0.50 (P.I. 0.5). The PI designation is intended to provide for privately owned
facilities that serve the public, including places for religious assembly, private schools,
healthcare facilities, cultural institutions, museums, yacht clubs, congregate homes, and
comparable facilities. The existing ENC is operated by a nonprofit organization, privately
owned cultural institution that preserves and displays object of sciences both indoors and
outdoors for public benefit. The proposed FAR for the subject property is 0.20. The
proposed project presents no conflict with the policies of the General Plan; and
WHEREAS, the subject property is located within the Governmental, Educational
and Institutional Facilities (GEIF) District. The existing ENC is a permitted use in this
district. However, the proposed expansion to an existing permitted use requires an
approval of a Use Permit pursuant to Section 20.25.020(D) of the Zoning Code (GEIF
District: Additional Land Use Regulations). This Section states that an approval of a use
permit consistent with the provisions of Chapter 20.91 is required for any expansion or
changes in the operation characteristics of an existing use within this zoning district.
The applicant, therefore, is seeking approval of this Use Permit request. All
development regulations of the GEIF District would be met, including structure height
limitations and floor area limits; and
WHEREAS, the Planning Commission is required to make the following findings for
approval of a Use Permit pursuant to Section 20.91.035 of the Zoning Code:
1. Finding: That the proposed location of the use is in accord with the objectives of this
Code and the purposes of the District in which the site is located.
City of Newport Beach
Planning Commission Resolution No.
Page 2 of 6
Facts in Support of Finding: The purpose of the GEIF District is to accommodate
the establishment or expansion of large public and semipublic uses. An approval of
a Use Permit in accordance with the provisions of Chapter 20.91 to expand the
existing facility and to operate the ENC is consistent with this purpose and with that
of the Zoning Code, which is to promote the growth of the City of Newport Beach in
an orderly manner and to promote and protect the public health, safety, peace,
comfort and general welfare, and to protect the character and social and economic
vitality of all districts within the City, and to assure the orderly and beneficial
development of such areas.
2. Finding: That the proposed location of the Use Permit and the proposed conditions
under which it would be operated or maintained will be consistent with the General
Plan and the purpose of the district in which the site is located; will not be
detrimental to the public health, safety, peace, morals, comfort, or welfare of
persons residing or working in or adjacent to the neighborhood of such use; and will
not be detrimental to the properties or improvements in the vicinity or to the general
welfare of the city.
Facts in Support of Finding: The existing facility has been operating at this
location since 1972 and has not proven to conflict with surrounding uses or
proven inconsistent with the surrounding area within the GEIF District. The
proposed new buildings have been designed to meet all of the development
regulations of the GEIF District. The operational characteristics and function of
the ENC at this location will not substantially change from that of the existing
privately owned cultural institution which has not proven to be detrimental to the
surrounding area or the City.
3. Finding: That the proposed use will comply with the provisions of this code,
including speck conditions for the proposed use in the district in which it would be
located.
Facts in Support of Finding: The proposed expansion to the existing ENC has been
reviewed and conditioned to ensure that conflicts with surrounding land uses are
minimized, or eliminated, to the greatest extent possible. No specific conditions for
cultural institutions are contained in the Municipal Code other than the provision of
on -site parking requirement of one space for every 300 square feet gross floor
area, with which the project has complied.
WHEREAS, the project qualifies for a Categorical Exemption pursuant to Section
15301 (Existing Facilities) of the Implementing Guidelines of the California Environmental
Quality Act. The demolition of an existing 1,894 square foot modular building and
replacement with a 2,436 square -foot building and a 6,099 square -foot building comprising
a total of 6,641 square feet of net increase in floor area will not result in an increase of
more than 10,000 square feet in size. The project is located in a developed area where
all public services and facilities are available to allow for the maximum development
permissible in the Newport Beach General Plan of 0.50 floor area ratio (FAR). The
City of Newport Beach
Planning Commission Resolution No. _
Paae 3 of 6
proposed FAR for the subject property is 0.20, well within the maximum allowable
building square footage.
WHEREAS, the Planning Commission finds that judicial challenges to the City's
CEQA determinations and approvals of land use projects are costly and time
consuming. In addition, project opponents often seek an award of attorneys' fees in
such challenges. As project applicants are the primary beneficiaries of such approvals,
it is appropriate that such applicants should bear the expense of defending against any
such judicial challenge, and bear the responsibility for any costs, attorney's fees, and
damages which may be awarded to a successful challenger; and
NOW, THEREFORE, BE IT RESOLVED:
Section 1. The Planning Commission of the City of Newport Beach hereby
approves Use Permit No. 2007 -005, subject to the Conditions set forth in Exhibit "A."
Section 2. This action shall become final and effective fourteen days after the
adoption of this Resolution unless within such time an appeal is filed with the City Clerk
in accordance with the provisions of Title 20 Planning and Zoning, of the Newport
Beach Municipal Code.
PASSED, APPROVED AND ADOPTED THIS 3rd DAY OF MAY 2007.
Jeffrey Cole, Chairman
Robert Hawkins, Secretary
AYES:
NOES:
15
City of Newport Beach
Planning Commission Resolution No.
Page 4 of 6
EXHIBIT "A"
CONDITIONS OF APPROVAL
USE PERMIT NO. 2007-005
Conditions in bold italics are project specific conditions. All others are standard
conditions.
Planning Department
1. The development shall be in substantial conformance with the approved
site and floor plans dated March 22, 2007.
2. The project is subject to all applicable City ordinances, policies, and standards
unless specifically waived or modified by the conditions of approval.
3. Use Permit No. 2007 -005 shall expire unless exercised within 24 months from
the date of approval as specked in Section 20.91.050 of the Newport Beach
Municipal Code, unless an extension is otherwise granted.
4. To the fullest extent permitted by law, the applicant shall indemnify, defend and
hold harmless City, its City Council, its boards and commissions, officials,
officers, employees, and agents from and against any and all claims, demands,
obligations, damages, actions, causes of action, suits, losses, judgments, fines,
penalties, liabilities, costs and expenses (including without limitation, attorney's
fees, disbursements and court costs) of every kind and nature whatsoever which
may arise from or in any manner relate (directly or indirectly) to City's approval of
the Use Permit; and/or the City's related California Environmental Quality Act
determinations.
5. The applicant shall submit a landscape and irrigation plan prepared by a licensed
landscape architect or licensed architect for on -site planting areas. These plans
shall incorporate drought tolerant plantings and water efficient irrigation practices,
and the plans shall be approved by the Planning Director prior to the issuance of
a building permit. All planting areas shall be provided with a permanent
underground automatic sprinkler irrigation system of a design suitable for the
type and arrangement of the plant materials selected. Planting areas adjacent to
vehicular activity shall be protected by a continuous concrete curb or similar
permanent barrier. Landscaping shall be located so as not to impede vehicular
sight distance to the satisfaction of the Traffic Engineer.
6. All landscape materials and landscaped areas shall be maintained in accordance
with the approved landscape plan. All landscaped areas shall be maintained in a
healthy and growing condition and shall receive regular pruning, fertilizing,
mowing and trimming. All landscaped areas shall be kept free of weeds and
debris. All irrigation systems shall be kept operable, including adjustments,
replacements, repairs, and cleaning as part of regular maintenance.
lke
City of Newport Beach
Planning Commission Resolution No. _
Page 5 of 6
7. Signs shall be regulated by the Chapter 20.67 (Signs) of the Newport Beach
Municipal Code.
8. All mechanical equipment shall be screened from view of adjacent properties and
adjacent public streets, and shall be sound attenuated in accordance with
Chapter 10.26 of the Newport Beach Municipal Code, Community Noise Control.
Exterior on -site lighting shall be shielded and confined within site boundaries. No
direct rays or glare are permitted to shine onto public streets or adjacent sites or
create a public nuisance. "Walpak" type fixtures are not permitted. All exterior
lighting fixtures shall have zero cut -off fixtures and light standards for the parking
lot shall not exceed 20 feet in height. Light standards for exterior walkways shall
not exceed 10 feet in height. Other exterior light sources shall be no higher than
4 feet.
10. A new trash enclosure shall be provided. Prior to the issuance of building permit,
trash enclosure design shall be approved by the Planning Department. The trash
enclosure shall be enclosed by three walls, a self closing, self latching gate and
have a decorative, solid roof for aesthetic and screening purposes. The design of
the enclosure shall be integrated with the design of the new buildings.
11. The applicant shall ensure that all trash dumpsters and /or receptacles are
maintained to control odors. This may include the provision of either fully self -
contained dumpsters or periodic steam cleaning of the dumpsters, if deemed
necessary by the Planning Department. Cleaning and maintenance of trash
dumpsters shall be done in compliance with the provisions of Title 14, Water and
Sewers of the Municipal Code.
Public Works Department
12. All improvements shall be constructed as required by Ordinance and the Public
Works Department. In case of damages caused by the private work, additional
public works improvements may be required at the discretion of the Public Works
Department.
13. The proposed curb access ramps to be constructed along the 16"' Street
frontage shall each have a minimum 5' radius curb return.
14. All proposed public improvements shall be subject to the review and approval by
the Public Works Department during building permit plan check process.
15. A double backfiow preventer shall be installed per City Standards.
16. A water meter and a sewer cleanout shall be installed within the public
right-of-way to serve the proposed expansion. Each shall be installed with
a traffic-grade frame and cover.
11)
City of Newport Beach
Planning Commission Resolution No. _
Paae6of6
17. County Sanitation District fees shall be paid prior to issuance of any building
permits.
Building Departments
18. The applicant is required to obtain all applicable permits from the City Building
and Fire Departments. The construction plans must comply with the most recent,
City- adopted version of the California Building Code.
19. Prior to the issuance of building permits for the new buildings, the
applicant shall provide to the Building Department a copy of an executed
lease agreement with the Newport Mesa School District stating the removal
of the butterfly enclosure upon the expiration of the lease agreement.
1a
EXHIBIT 2
LETTER AND PROJECT
DESCRIPTION FROM
APPLICANT
IA
February 1, 2007
Environmental Nature Center 160116' Street
LPA Project No. 26130.10
BUILDING & SITE DESCRIPTION
The Environmental Nature Center will be a building that will exemplify sustainable design and
responsible environmental practices while also providing the community with a dynamic and yet
organic architectural statement.
Beginning with the very positioning of the building on the site, the ENC will respond effectively to
harvest natural daylight as well as cool ocean breezes. An east- west orientation which positions the
long elevations due north and south allows for maximum light and ventilation capabilities.
The facility will be divided into two structures accommodating the public and private functions of
the center. This also allows for a distinct exterior breezeway between the structures to
accommodate large group entry as well as striking views to the centers outdoor event deck and the
Interpretive Center beyond. The division of the facility also promotes additional air movement
through the structures as well as maximum infiltration of natural daylight. This breezeway will be
defined by a structural column that will be designed as an abstraction of a tree, relating to the very
nature of the Interpretive Center.
The parking and gathering spaces at the entry to the ENC will be comprised of porous paving and
indigenous, drought tolerant landscape. The Nature Center staff will lead the definition of the plant
materials to be used as an extension of the California native pallet of plants already in place on site.
The exterior materials of the ENC facility will be based on smart environmental design practices.
The large glass north wall will be used primarily to gather natural light and promote natural
breezes. A wood window system will relate to the lower wood clad walls which define the support
and staff facilities. From the north, the building slopes dramatically to the South as a natural
extension of the path of the breezes through the building section.
Once inside the public facility of the ENC, a dramatic high volume lobby will be used for greeting
and orientation. Directly adjacent to the lobby will be the main museum space which will feature
rotating displays and exhibits. Completing the public facility will be a large learning tab and
classroom space which can be divided into two classroom areas. All of the main public spaces
within the interpretive center open to the outdoor event deck.
The staff building is comprised of office space as well as staff restrooms, meeting areas and a
kitchen / meeting space which can also be used to cater events at the center.
The south facing roof of the Nature Center will accommodate an array of photovoltaic panels. The
PV panels will be used to provide power for the centers electrical needs.
The outdoor event deck surrounds the existing fire pit creating an intimate fireside amphitheater.
The deck will accommodate special events and gatherings. Also included within the Nature Center
will be exterior shower and restroom facilities to meet the needs of the centers overnight guests.
MW
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Environmental Nature Center ,gal 16" Street
Building & Site Description
LPA Project No. 26130.10
February 1, 2007
Page 2
The Center will be positioned to accommodate classroom style activities and functions, as well as
group tours and events. The outdoor spaces will be utilized for museum receptions while also having
the ability to be rented for community events and functions. The Center is designed to meet LEED
Platinum Certification requirements. The environmental strategies will include: on site renewable
energy in the form of photovoltaic panels, waterless urinals, compost toilets, drought tolerant,
indigenous landscape, effective storm water management, extensive use of recycled and recyclable
materials, natural ventilation, daylight harvesting, dimming systems, occupancy sensors, green
housekeeping and efficient fixtures and appliances.
The goal of the facility will be to provide enough on site renewable energy to allow the Center to
move theoretically off the local power grid. The building is also designed to exceed Title 24
requirements through the implementation of the Savings by Design program through Southern
California Edison.
The Environmental Nature Center will be a positive, environmental example to the City of Newport
Beach as well as the thousands of visitors that are expected each year from surrounding
communities. Through effective sustainable design, the ENC will showcase nature while still
providing a striking architectural statement.
The very nature of the design will become a learning tool for smart green design and green design
practices.
LPA-
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EXHIBIT 3
PROJECT PLANS
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