HomeMy WebLinkAboutRES NO 149-06
RESOLUTION NO.
149-06
RESOLUTION MAKING FINDINGS, ADOPTING THE NEGATIVE
DECLARATION AND APPROVING GENERAL PLAN AMENDMENT
NO. 05-1451, AN AMENDMENT TO THE LAND USE ELEMENT OF
THE METROPOLITAN BAKERSFIELD GENERAL PLAN, GENERALLY
LOCATED ON THE NORTH AND SOUTH SIDE OF ETCHART ROAD
AND ON THE WEST SIDE OF THE BEARDSLEY CANAL.
WHEREAS, SmithTech/USA, Inc. for Bear Mountain Development, Inc., filed an application
requesting a General Plan Amendment, change of zoning of that certain property within the City of
Bakersfield as hereinafter described; and
WHEREAS, the Planning Commission of the City of Bakersfield, in accordance with the
provisions of Section 65353 of the Government Code, held a public hearing on Monday, April 3, 2006,
and on Thursday, April 6, 2006, on General Plan Amendment No. 05-1451, notice oftime and place for
a public hearing having been given at least twenty (20) calendar days before said hearing by publication
in the Bakersfield Californian, a local newspaper of general circulation; and
WHEREAS, General Plan Amendment No. 05-1451, an amendment to the Land Use Element of
the Metropolitan Bakersfield General Plan, is as follows:
General Plan Amendment No. 05-1451:
SmithTech/USA, Inc., for Bear Mountain Development, Inc., applied to amend the Land
Use Element of the Metropolitan Bakersfield General Plan consisting of a change from
SR (Suburban Residential) to LMR (Low Medium Density Residential) on approximately
7.73 acres and SR to LR (Low Density Residential) on 35.87 acres. The project site is
located on the north and south side of Etchart Road and on the west side of the
Beardsley Canal; and
WHEREAS, an Initial Study was conducted for General Plan Amendment No. 05-1451 and it
was determined that the proposed project would not have a significant effect on the environment;
therefore, a Negative Declaration was prepared in accordance with the Califomia Environmental Quality
Act (CEQA); and
WHEREAS, by Resolution No. 75-06 on April 6, 2006, the Planning Commission recommended
approval and adoption of General Plan Amendment No. 05-1451 subject to the "Mitigation/Conditions of
Approval" listed in Exhibit "A" and this Council has fully considered the findings made by the Planning
Commission as set forth in that Resolution and as restated herein; and
WHEREAS, the Council of the City of Bakersfield, in accordance with the provisions of Section
65355 of the Government Code, conducted and held a public hearing on WEDNESDAY, May 24,2006,
on General Plan Amendment No. 05-1451, notice of time and place of the hearing having been given at
least ten (10) calendar days before the hearing by publication in The Bakersfield Californian, a local
newspaper of general circulation; and
WHEREAS, the Council has considered and hereby makes the following findings:
1. The above recitals and findings are true and correct.
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2. The Council has considered and concurs with the following findings made by the
Planning Commission as set forth in Resolution No. 75-06, adopted on April 6, 2006:
a. All required public notices have been provided.
b. The provisions of CEQA have been met.
c. Based upon the Initial Study and comments received, staff has determined that
the proposed project could not have a significant effect on the environment. A
Negative Declaration was prepared for the project in accordance with CEQA.
d. The public necessity, general welfare and good planning practices justify the
amendment to the Land Use Element of the Metropolitan Bakersfield General
Plan.
e. The land use designation change from SR (Suburban Residential) to LMR (Low
Medium Density Residential) on approximately 7.73 acres and SR to LR (Low
Density Residential) on 35.87 acres is compatible with the land use designations
of surrounding properties and is internally consistent with the Metropolitan
Bakersfield General Plan.
f. The laws and regulations relating to the preparation and adoption of Negative
Declarations as set forth in CEQA, the State CEQA Guidelines, and the City of
Bakersfield CEQA Implementation Procedures have been duly followed by city
staff and the Planning Commission.
3. That the applicant by prior written agreement agreed to comply with all adopted
mitigation measures contained within the Negative Declaration.
4. That the infrastructure exists or can easily be provided to accommodate the types of
density and intensity of the development.
NOW, THEREFORE, BE IT RESOLVED AND FOUND BY THE COUNCIL OF THE CITY OF
BAKERSFIELD as follows:
1. The above recitals and findings incorporated herein are true and correct.
2. The Negative Declaration for General Plan Amendment No. 05-1451 is hereby approved
and adopted.
3. The report of the Planning Commission, including maps and all reports and papers
relevant thereto, transmitted by the Secretary of the Planning Commission to the City
Council, is hereby received, accepted and approved.
4. The City Council hereby approves and adopts General Plan Amendment No. 05-1451,
constituting changes as shown on the map marked Exhibit "B", attached hereto and
incorporated as though fully set forth, for property generally located on the north and
south side of Etchart Road and on the west side of the Beardsley Canal, subject to
"Mitigation/Conditions of Approval" listed in Exhibit "A".
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5. Based on the absence of evidence in the record as required by Section 21082.2 of the
State of California Public Resources Code (CEQA) for the purposes of documenting
significant effects, it is the conclusion of the Lead Agency that this project will result in
impacts that fall below the threshold of significance with regard to wildlife resources and,
therefore must be granted a "de minimis" exemption in accordance with Section 711 of
the State of California Fish and Game Code. Additionally the assumption of adverse
effect is rebutted by the above-referenced absence of evidence in the record and the
lead agency's decision to prepare a Negative Declaration for this project.
6. That General Plan Amendment No. 05-1451, approved herein, be combined with other
approved General Plan Amendment cases in this same cycle described in separate
resolutions, to form a single Amendment to the Metropolitan Bakersfield General Plan.
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I HEREBY CERTIFY that the foregoing Resolution was p.assEli ~nWPted by the Council of
the City of Bakersfield at a regular meeting thereof held on MAY 4 by the following vote:
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ABSTAIN:
ABSENT
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COUNCILMEMBER COUCH, CARSON, BENHAM, MAGGARD, HANSON, SULLIVAN. SCRIVNER
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
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PAMELA A. McCARTHY, CMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED MAY 24 Z006
f:Vh#
HAR'Y L. ALL
MAYOR of the City of Bakersfield
APPROVED as to form:
VIRGINIA GENNARO
City Attorney
By ¡&úu£ ?/t.. ~
Exhibit A - Mitigation/Conditions of Approval
B - General Plan Amendment Map
JS:S:\GPA Is1 2006\05-1451\ResolulionslCC GPA Resolubon.doc
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Exhibit A
Mitigation/Conditions of Approval
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EXHIBIT A
Conditions of Approval
General Plan Amendment/Zone Change/Annexation No. 05-1451
MITIGATION MEASURES FROM NEGATIVE DECLARATION:
Air Qualitv Mitiaation Measures
1. To ensure that project emissions are minimized, the applicant is proposing a number of mitigation
measures. The following measures have either been applied to the project through the latest
URBMMIS Model or will be implemented in conjunction with the San Joaquin Valley Air Pollution
Control District (SJVAPCD) rules. The applicant/developer of the project site shall submit
documentation to the Planning Department prior to development that they will/have met the
following air quality mitigation measures:
The following mitigation measures shall be utilized during the construction phase of the project to
reduce construction exhaust emissions:
· To encourage pedestrian traffic, prior to the completion of the construction phase, the developer
shall install sidewalks throughout the project.
· Properly and routinely maintain all construction equipment, as recommended by manufacturer
manuals, to control exhaust emissions.
· Shut down equipment when not in use for extended periods oftime to reduce emissions associated
with Idling engines.
· Encourage ride sharing and use of transit transportation for construction employee commuting to the
project sites.
· Use electric equipment for construction whenever possible in lieu of fossil fuel-fired equipment.
· Curtail construction during periods of high ambient pollutant concentrations; this may include
ceasing of construction activity during the peak-hour of vehicular traffic on adjacent roadways.
2. Construction of the project requires the implementation of control measures set forth under Regulation
VIII, Fugitive PM10 Prohibitions ofthe San Joaquin Valley Air Pollution Control District. The following
mitigation measures, in addition to those required under Regulation VIII can reduce fugitive dust
emissions associated with these projects:
· All disturbed areas, including storage piles, which are not being actively utilized for construction
purposes, shall be effectively stabilized of dust emissions using water, chemical
stabilizer/suppressant, covered with a tarp or other suitable cover, or vegetative ground cover.
· All onsite unpaved roads and offsite unpaved access roads shall be effectively stabilized of dust
emissions using water or chemical stabilizer/suppressant.
· All land clearing, grubbing, scraping, excavation, land leveling, grading, cut and fill, and demolition
activities shall be effectively controlled of fugitive dust emissions utilizing application of water or by
presoaking. M
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Exhibit A-1
GPAlZC 05-1451
Conditions of Approval
· When materials are transported offsite, all material shall be covered, or effectively wetted to limit
visible dust emissions, and at least six inches offreeboard space from the top ofthe container shall
be maintained.
· All operations shall limit or expeditiously remove the accumulation of mud or dirt from adjacent
public streets at the end of each workday. (The use of dry rotary brushes is expressly prohibited
except where preceded or accompanied by sufficient wetting to limit the visible dust emissions. Use
of blower devices is expressly forbidden).
· Following the addition of materials to, or the removal of materials from, the surface of outdoor
storage piles, said piles shall be effectively stabilized of fugitive dust emissions utilizing sufficient
water or chemical stabilizerlsuppressant.
· Within urban areas, trackout shall be immediately removed when it extends 50 or more feet from the
site and at the end of each workday.
· Any site with 150 or more vehicle trips per day shall prevent carryout and trackout.
· Asphalt-concrete paving shall comply with San Joaquin Valley Air Pollution Control District Rule
4641 and restrict the use of cutback, slow-cure and emulsified asphalt paving materials.
· Cease grading activities during periods of high winds (greater than 20 mph over a one hour period).
· Limit construction-related vehicle speeds to 15 mph on all unpaved areas at the constructions site.
· Implementation of carryoutltrackout mitigation measures, such as gravel pads, in accordance with
the requirements of the SJVAPCD Regulation VIII.
3 The following mitigation measures can be utilized during the operations phase of the project to reduce
emissions:
· Homes shall be designed to exclude fireplaces.
· To encourage pedestrian traffic, prior to the completion of the construction phase, the developer
shall install sidewalks throughout the project.
Culturallmcact Mitiaation Measures
4. If archaeological resources are encountered during the course of construction, a qualified
archaeologist shall be consulted for further evaluation. Mitigation for potentially significant cultural
resource impacts.
5 If human remains are discovered during grading or construction activities, work would cease
pursuant to Section 7050.5 of the California Health and Safety Code. If human remains are
identified on the site at any time, work shall stop at the location of the find and the Kern County
Coroner shall be notified immediately (Section 7050.5 of the California Health and Safety Code and
Section 5097.98 of the California Public Resources Code which details the appropriate actions
necessary for addressing the remains) and the local Native American community shall be notified
immediately. Mitigation for potentially significant cultural resource impacts.
Page 2 of6
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Exhibit A-1
GPAlZC 05-1451
Conditions of Approval
T ransDortation/T raffic
6. Prior to the issuance of any building permit, the developer shall pay the applicable Regional
Transportation Impact Fee (RTIF) to the satisfaction of the City of Bakersfield Public Works
Department. Mitigation for significant traffic impacts.
7. Pay the proportionate share of the following mitigation measures (not paid for by the Regional
Transportation Impact Fee nor include with normal development improvements) as indicated in
Table 7 of the traffic study (Ruettgers & Schuler, September 2005). An estimate and fee schedule
should be developed by the applicant and approved prior to recordation of a map or issuance of a
building permit. The recommended mitigations can be found in Table 1 and Table 2:
TABLE 1
FUTURE INTERSECTION IMPROVEMENTS AND LOCAL MITIGATION
Calloway Drive &
Etchar! Road
Coffee Road &
Etchar! Road
Install Signal -
2 EBL. 2 EBT. 1 EBR. 2
WBL. 2 WBT, 2 NBT. 1
NBT. 1 NBR. 2 SBL. 1
SBR
Install Signal -
2 EBL. 2 EBT. 2 EBR. 2
WBL, 2 WBT, 2 NBL. 2
NBR. 2 SBL
Install Signal -
1 EBL, 1 NBL, 1 SBL
Install Slgnal-
1 EBL. 1 WBL.
1 NBL. 1 SBL. 1 SBT
Install Signal -
1 EBL. 1 WBL, 1 SBL
Install Signal -
1 EBL, 1 WBL, 1 NBL.
SBL
Install Signal -
1 EBL, 1 WBL, 1 NBL, 1
NBT. 1 SBL, 1 SBL, 1
SBT
2 SBL, 1 SBR
1.49%
Calloway Drive &
7'" Standard Road
Coffee Road &
7'" Standard Road
2 SBL 2.41%
1 EBL 4.84%
Install Signal- 23.17%
1 EBL, 1 WBL
1 SBL 9.9%
1 SBL 4.67%
1 EBL, 1 WBL, 6.36%
1 NBL. 1 NBT
Patten Way & Snow Road
Fruitvale Avenue &
Snow Road
Coffee Road & Norris Road
Notes:
t Current interchange and grade
separation project will construct
required improvements
NB=Northbound L=Left Turn
Lane
SB=Southbound T=Through
Lane
WB=Westbound R=Right
Turn Lane
EB=Eastbound
TABLE 2
FUTURE ROADWAY IMPROVEMENTS AND LOCAL MITIGATION
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Exhibit A-1
GPAlZC 05-1451
Conditions of Approval
7 Standard Road:
Verdu 0 Lane to Coffee Road
1 Current interchange and grade
separation project will construct required
improvements
2 Additional lanes can be provided through
stri in
Add 4 Lanes
Add 2 Lanes
1.45%
Citv Attornev
8. In consideration by the City of Bakersfield for land use entitlements, including but not limited to
related environmental approvals related to or arising from this project, the applicant, and/or property
owner and/or subdivider ("Applicant" herein) agrees to indemnify, defend, and hold harmless the City
of Bakersfield, its officers, agents, employees, departments, commissioners or boards ("City" herein)
against any and all liability, claims, actions, causes of action or demands whatsoever against them,
or any of them, before administrative or judicial tribunals of any kind whatsoever, in any way arising
from, the terms and provisions of this application, including without limitation any CEQA approval or
any related development approvals or conditions whether imposed by the City, or not, except for
City's sole active negligence or willful misconduct.
This indemnification condition does not prevent the Applicant from challenging any decision by the
City related to this project and the obligations of this condition apply regardless of whether any other
permits or entitlements are issued.
The City will promptly notify Applicant of any such claim, action or preceding, falling under this
condition within thirty (30) days of actually receiving such claim. The City, in its sole discretion, shall
be allowed to choose the attorney or outside law firm to defend the City at the sole cost and expense
of the Applicant and the City is not obligated to use any law firm or attorney chosen by another entity
or party.
ADDITIONAL CONDITIONS OF APPROVAL:
Public Works Conditions:
9. Along with submittal of any development plan, improvement plan, or application for a lot line
adjustment, the following shall occur:
1. Provide fully executed dedication for Coffee Road to arterial standards and Etchart Road to
collector standards for the full frontage of the area within the GPA request. Dedications shall
include sufficient widths for expanded intersections and additional areas for landscaping as
directed by the City Engineer. Submit a current title report with the dedication documents. If a
tentative subdivision map over the entire GPAlZC area is submitted, dedication can be provided
with the map.
2. Submit a comprehensive drainage study to be reviewed and approved by the City Engineer.
The drainage studied shall include: for the parcel within the in the GPAlZC area east of Coffee
Road, the ±10 acre parcel to the north and the ±35 acre parcel to the south and a method to
convey drainage to the sump. City will allow no more than one sump per 80 acres for this area.
For the parcels within the in the GPAlZC area in the NW corner of Coffee Road & Etchart Road,
the ±20 acre parcel on the east of the 40 acre E parcel and the ±12 acre parcel to the n~~~¿:-~
the 8 acre R-2/PUD parcel and a method to convey drainage to the sump. City will allow n ore ~
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Exhibit A-1
GPAlZC 05-1451
Conditions of Approval
than one sump per 80 acres for this area. The study shall be approved and any required
retention site and necessary easements dedicated to the City.
3. The GPAlZC area is within the service area of the North of River Sanitary District NO.1. Sewer
service in this area must conform to the NORSD's adopted Sewer Study, and construction of
sewer lines shall be per NORSD's requirements. All trench backfill and paving within the public
right-of-way shall require an Open Street Permit and be as per the City of Bakersfield's adopted
standards.
4. In order to preserve the permeability of the sump and to prevent the introduction of sediments
from construction or from storm events, all retention and detention basins (sumps) shall have a
mechanical device in the storm drain system to remove or minimize the introduction of oil,
grease, trash, and sediments to the sump. This device shall be reviewed and approved by the
City Engineer, and shall provide the greatest benefit to the storm drain system with the least
maintenance cost. For orderly development.
10. The entire area covered by this General Plan Amendment shall be included in the Consolidated
Maintenance District. The applicant shall pay all fees for inclusion in the Consolidate Maintenance
District with submittal of any development plan, tentative subdivision map, Site Plan Review, or
application for a lot line adjustment for any portion of this GPA area. It is required that the developer
join the North of the River Park Maintenance District. For orderly development.
11. Access to the arterial streets will be limited and determined at time of division or development.
Determination of whether a right turn lane is required at the access street(s) will also be made at
the time of division or development. A full access opening will only be considered if the developer
funds and installs a traffic signal at the site entrance. Said signal will only be permitted if a signal
synchronization study is submitted and approved, which shows progression is not adversely
affected. For orderly development.
12. Payment of median fees for the arterial frontage of the property within the GPAlZC request is
required prior to recordation of any map or approval of any improvement plan for the GPAlZC area.
For orderly development.
13. The Coffee Road and Snow Road crossings of the Lerdo Canal need widening. Developer shall pay
their proportionate share of the cost and shall aid in the formation of a Major Bridge and
Thoroughfare District for the widening of the crossings. For orderly development.
14. Local Mitiaation
Pay the proportionate share of the following mitigation measures (not paid for by the Regional
Transportation Impact Fee nor included with normal development improvements) as indicated in
Tables 7 and 8 of the traffic study An estimate and fee schedule should be developed by the
applicant and approved prior to recordation of a map or issuance of a building permit. The estimate
shall break out the single family and multi-family residential components in separate per unit fees.
Proportionate shares from the study as follows:
I. Calloway Dr & Seventh Standard Rd, Add 2 SBL, 1 SBR, 1.49% share
2. Coffee Rd & Seventh Standard Rd, Add 2 SBL, 2.41% share
3. Calloway Dr & Etchart Rd, Add 1 EBL, 4.84% share
4. Coffee Rd & Etchart Rd, Install signal, add 1EBL, 1 WBL, 23.17 % share
Page 50'6
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Exhibit A-1
GPA/ZC 05-1451
Conditions of Approval
5. Patton Wy & Snow Rd, Add 1 SBL, 9.9% share
6. Fruitvale Ave & Snow Rd, Add 1 SBL, 4.67% share
7. Coffee Rd & Norris Rd, Add 1 EBL, 1 WBL, 1 NBL, 1 NBT, 6.36% share
8. Seventh Standard Rd, Verdugo Ln to Coffee Rd, Add 2 lanes, 1.45% share
Notes: NB - north bound, SB - south bound, WB - west bound, EB - east bound
L - Left turn lane, T - Through lane, R - Right turn lane
'Striping only
For orderly development.
15. Reaional Transportation Impact Fee
Pay the standard residential fees, as adopted at time of development.
For orderly development.
North of the River Condition:
16. A minimum 10-acre park site shall be located near the intersection of Coffee Road and Etchart
Road.
17. With the first development on the east side of Coffee Road within the GPA/ZC area, construct the
east half of Coffee Road for he full frontage of the GPA/ZC area, including curb, gutter, paving, and
deceleration lanes (if required). If the first development does not encompass the full frontage of
Coffee Road, then sidewalk and street lights for the undeveloped portion may be deferred until
future development. With the first development on the west side of Coffee Road within the GPA/ZC
area, construct the west half of Coffee Road for the full frontage ofthe GPA/ZC area, including curb,
gutter, sidewalk, paving, street lights, and deceleration lanes (if required). Fororderlydevelopment.
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Exhibit B
General Plan Map
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METROPOLITAN BAKERSFIELD GENERAL PLAN
,
"
Land Use DesIgnations
RR
Rural Residential
2.5 9ross acres/dwelling unit
Estate Residential
1 dwelling unit/net acre
. Suburban Residential
s 4 dwelling units/net acre
ER
SR
SRI LR County: S 4 dwelling units/net acre
City: S 7.26 dwelling units/net acre
Low Density Residential
S 7.26 dwelling units/net acre
LMR Low Medium Density Residential
> 4 units but S 10 dwelling units/net acre
LR
HMR High Medium Density Residential
> 7.26 units but S 17.42 dwelling units/net acre
HR High Density Residential
> 17.42 units but S 72.6 dwelling units/net acre
----...
HC Highway Commercial
GC General Commercial
MC Major Commercial
oc Office Commercial
MUC Mixed Use Commercial
--c-
LI
Light Industrial
SI SeNice Industrial
HI
Heavy Industrial
..--..-
P
PS
PT
Public Facilities
Public/private Schools
Public Transportation Corridors
p.sw Solid Waste Facilities
OS Open Space
OS-¥ Parks and Recreation
OS.s Slopes exceeding 30%
R-IA Resource _Intensive Agriculture
20 acre minimum parcel size
R-EA Resource - Extensive AgricUlture
20 acre minimum parcel size
80 acre min (Williamson Act)
R-MP Resource - Minerals & petroleum
5 acre minimum parcel size
-
General Plan Street Classification
Freewavs
provide seNice to through traffic exclusivelY with no access to abutting property and no at-grade
Intersections.
EXDresswavs are arterial highways with partial control of access which mayor may not be divided or have
grade separations at intersections. and may be an interim facility for an ultimate freeway.
Arterials
are used primarily by through traffic with a minimal function to provide access to abutting
property.
Collectors
function to connect local streets with arterials and to provide access to abutting property.
Locals
are exclusively for property access and through traffic is discouraged.
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