Item 13 - CUP 95-05 DR 95-08 Outback Steakhouse
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{( . AGENDA REPdHi-b
CITY OF POW A Y
REVISED
TO: Honorable Mayor and Members of the City Council
FROM: James L. Bowersox, City Man~
INITIATED BY: John D. Fitch, Assistant City Manager ~~
Reba Wright-Quastler, Director of Planning Service
Marijo Van Dyke, Associate Planner
DATE: June 27, 1995
MANDATORY
ACTION DATE: July 11, 1995
SUBJECT: Conditional Use Permit 95-05 and Oevelopment Review 95-08,
Outback Steakhouse, William Fancher, Applicant: A request to
construct a 6,650 square foot restaurant which will also serve
beer, wine and liquor, on a portion of an existing 0.8 acre
site at the southwest corner of Twin Peaks Plaza, at the
intersection of Ted Williams Parkway (Highway 56) and Pomerado
Road in the CG zone.
APN: 314-710-14
BACKGROUND
An error was made in the original Agenda Report. The correct square footage of
the proposed restaurant is 6,400.
RECOMMENDATION
The recommendation remains the same as in the original report.
JLB:JOF:RWQ:MVO:kls
Attachments:
A. Corrected page of Resolution
Il
1 of 2
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RESOLUTION NO. P-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 95-05 AND DEVELOPMENT REVIEW 95-08
ASSESSOR'S PARCEL NUMBER 314-710-14
WHEREAS, Conditional Use Permit 95-05 and Development Review 95-08,
submitted by Will i,:-'!LFancher for Outback Steakhouse, requests approval to
construct a 6,iSQ ~ig9 square foot restaurant which will serve beer, wine and
liquor, on a portlon of a 0.8 acre lot at the southwest corner of Twin Peaks
Plaza, at the intersection of Ted Williams Parkway and Pomerado Road, in the CG
zone; and
WHEREAS, on June 27, 1995, The City Council held a hearing on the above
referenced item.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental Findinos:
The City Counci 1 finds that the previously issued Negative Declaration for
Tentative Parcel Map 86-03 (Parcel Map 14824) for Twin Peaks Plaza anticipated
a dinner house use serving alcohol and that the earlier investigation adequately
discusses the environmental concerns of this project.
Section 2: Findinos:
Conditional Use Permit 95-05
1. The approved project is consistent with the general plan in that
restaurant uses are an approved use within commercial land uses.
2. That the location, size, design, and operating characteristics of the use
will be compatible with and will not adversely affect or be materially
detrimental to adjacent commercial uses, residents, buildings, structures,
or natural resources in that the use was anticipated as an element in Twin
Pea ks Pl aza, and has been des i gned wi th colors wh i ch complement the
center.
3. That the scale, bulk, coverage, and density is consistent with the
adjacent uses, in that the parking lot has been designed for common use
among all shopping center tenants. The building meets all the development
standards for both the center and zoning ordinance requirements, including
height, setbacks, coverage, materials and parking.
4. That there are available public facilities, services, and utilities to
serve the use.
5. That there wi II not be harmful effects upon desirable neighborhood
characteristics, in that the physical design of the building is
attractive, and the use is wholly contained within Twin Peaks Plaza.
2 of 2 1 ATTACHMENT A ! .aw271!l95 ITEII 13
,
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AG~NDA REPORT SUMMARY
"- TO: Honorable Mayor and Members of the City Council
FROM: Jues L. Bowersox, City Man~ ^A
INITIATED BY: John D. Fitch, Assistant City ManagerS~ ~&.
Reba Wright-Quastler, Director of Planning Services
DATE: June 27, 1995
SUBJECT: Conditional Use Permit 95-05 and Development Review 95-08, Outback
Steakhouse, William Fancher. Aoolicant
ABSTRACT
A request to construct a 6,650 square foot restaurant which will also serve beer, wine
and liquor on a portion of an existing 0.8 acre site at the southwest corner of Twin
Peaks Plaza.
ENVIRONMENTAL REVIEW
An environmental assessment was conducted with the underlying tentative parcel map (TPM
86-03). A Negative Declaration was issued with the approval of that application, which
anticipated a restaurant (dinner house) use, serving alcohol. No further environmental
review is necessary for this project.
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FISCAL IMPACT
The subject project is located within the redevelopment agency project. Increases in
property tax assessment and sales tax revenue will be returned to the RDA.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Public notice was published in the Poway News Chieftain and mailed to 9 property owners
within 500 feet of the boundaries of the subject lot.
RECOMMENDATION
It is recommended that the City Council find that the previously issued Negative
Declaration for TPM 86-03 (Parcel Map 14824) adequately addresses the potential
environmental impacts of the proposed project, and approve Conditional Use Permit 95-05
and Development Review 95-08 subject to the conditions contained in the attached
proposed resolution.
ACTION
~
E:\CITY\PLANNING\REPORT\CUP9S0S.SUM
1 of 16 JUN 2 7 1995 rrEM 13
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~ AGENDA REPOR.L
CITY OF POW A Y
TO: Honorable Mayor and Members~ City Council
FROM: James L. Bowersox, City Man
INITIATED BY: John D. Fitch, Assistant City Manager~~~ Jl
Reba Wright-Quastler, Director of Planning Services ~
Marijo Van Dyke, Associate Planner
DATE: June 27, 1995
MANDATORY
ACTION DATE: July 11, 1995
SUBJECT: Conditional Use Permit 95-05 and Development Review 95-08,
Outback Steakhouse, William Fancher, Applicant: A request to
construct a 6,650 square foot restaurant which will also serve
beer, wine and liquor, on a portion of an existing 0.8 acre
site at the southwest corner of Twin Peaks Plaza, at the
intersection of Ted Williams Parkway (Highway 56) and Pomerado
Road in the CG zone.
APN: 314-710-14
BACKGROUND
The application under consideration is a request to construct a restaurant on a
vacant pad located at the extreme southwest corner of Twin Peaks Plaza. When the
shopping center was developed it was anticipated that at least one freestanding
pad would be occupied by a sit-down restaurant which would serve alcohol. The
Poway Municipal Code requires restaurants which serve mixed drinks to obtain a
conditional use permit.
FINDINGS
The project consists of a 6,650 square foot single story western style building,
with standing-seam metal gabled roof and a wide veranda on the front and street
side of the building. The colors of the building will blend with the color
pallet for the center, with a roof color of teal and building exterior painted
in pale peach and pink, with doors and windows trimmed in dark coral. The
building is proposed to be accented with a band of red neon on the facia trim.
The wall sign consists of red channel letters mounted on a painted background
designed to fit within the face of the cross~gable entry feature above the front
doors. A monument sign with 36 square feet of sign area is proposed to be located
on the northwest corner of Pomerado Road and Ted Williams Parkway within the
existing landscaped perimeter of Twin Peaks Plaza.
ACTION:
2 of 16
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-- Agenda Report
June 27, 1995
Page 2
ENVIRONMENTAL REVIEW
An environmental assessment was conducted with the underlying tentative parcel
map (TPM 86-03). A Negative Declaration was issued with the approval of that
application, which anticipated a restaurant (dinner house) use, serving alcohol.
No further environmental review is necessary for th;.s project.
FISCAL IMPACT
The subject project is located with in the redevelopment agency proj ect.
Increases in property tax assessment and sales tax revenue will be returned to
the RDA.
ADDITIONAL PUBLIC NOTIFICATION AND CORRESPONDENCE
Public notice was published in the Poway News Chieftain and mailed to--L
property owners within 500 feet of the boundaries of the subject lot.
RECOMMENDATION
It is recommended that the City Council find that the previously issued Negative
Declaration for TPM 86-03 (Parcel Map 14824) adequately addresses the potential
environmental impacts of the proposed project, and approve Conditional Use Permit
95-05 and Develooment Review 95-08 subject to the conditions contained in the
attached proposed resolution.
~ JLB:JOF: RWQ: MVD: kl s
Attachments:
A. Proposed Resolution
B. Zoning and Location Map
C. Proposed Site Plan
D. Proposed Elevations
E. Proposed Floor Plan
JUN 2 7 1995 ITEM 13
3 of 16
RESOLUTION NO. P-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF POWAY, CALIFORNIA
APPROVING CONDITIONAL USE PERMIT 95-05 AND DEVELOPMENT REVIEW 95-08
ASSESSOR'S PARCEL NUMBER 314-710-14
WHEREAS, Conditional Use Permit 95-05 and Development Rev i ew 95-08,
submitted by Will i am Fancher for Outback Steakhouse, requests approval to
construct a 6,650 square foot restaurant which will serve beer, wine and liquor,
on a portion of a 0.8 acre lot at the southwest corner of Twin Peaks Plaza, at
the intersection of Ted Williams Parkway and Pomerado Road, in the CG zone; and
WHEREAS, on June 27, 1995, The City Council held a hearing on the above
referenced item.
NOW, THEREFORE, the City Council does hereby resolve as follows:
Section 1: Environmental Findinos:
The City Council finds that the previously issued Negative Declaration for
Tentative Parcel Map 86-03 (Parcel Map 14824) for Twin Peaks Plaza anticipated
a dinner house use serving alcohol and that the earlier investigation adequately
discusses the environmental concerns of this project.
Section 2: Findinos:
Conditional Use Permit 95-05
1. The approved project is consistent with the general plan in that
restaurant uses are an approved use within commercial land uses.
2. That the location, size, design, and operating characteristics of the use
will be compatible with and will not adversely affect or be materially
detrimental to adjacent commercial uses, residents, buildings, structures,
or natural resources in that the use was anticipated as an element in Twin
Peaks Plaza, and has been designed with colors which complement the
center.
3. That the scale, bul k, coverage, and dens ity is cons i stent wi th the
adjacent uses, in that the parking lot has been designed for common use
among all shopping center tenants. The building meets all the development
standards for both the center and zoning ordinance requirements, including
height, setbacks, coverage, materials and parking.
4. That there are available public facilities, services, and utilities to
serve the use.
5. That there will not be harmful effects upon desirable neighborhood
characteristics, in that the phys i ca 1 design of the building is
attractive, and the use is wholly contained within Twin Peaks Plaza.
JUN 2 7 1995 ITEM 13
4 of 16
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Resolution No. P-
Page 2
6. That the generation of traffic will not adversely impact the surrounding
streets and/or the City's Transportation Element in that a restaurant was
planned for a freestanding pad at Twin Peaks Plaza, with parking and
street access designed accordingly.
7. That the site is suitable for the type and intensity of use as this
project is the completion of an improvement on an existing freestanding
pad within an existing shopping center.
8. That there will not be significant harmful effects upon the environmental
quality and natural resources in that the site has been completely
developed.
9. That there are no other relevant negative impacts of the use that cannot
be mitigated.
Develooment Review 95-08
1. The approved project is consi stent with the General Pl an as di scussed
above.
2. That the approved project will not have an adverse aesthetic, health,
safety, or architecturally related impact upon adjoining properties in
that it will be located on an existing freestanding pad within Twin Peaks
Plaza.
3. That the approved project encourages the orderly and harmonious appearance
of structures and property within the City in that the color package for
the new restaurant will match the existing center.
Section 3: Citv Council Decision:
The City Council hereby approves Conditional Use Permit 95-05 and Development
Review 95-08, subject to the following conditions:
1. Within 30 days of approval (1) the applicant shall submit in writing that
all conditions of approval have been read and understood; and (2) the
property owner shall execute a Covenant on Real Property.
2. The use conditionally granted by this permit shall not be conducted in
such a manner as to interfere with the reasonable use and enjoyment of
surrounding residential and commercial uses.
3. This conditional use permit shall be subject to annual revi ew by the
Di rector of P1 anning Services for comp1 iance with the conditions of
approval and to address concerns that may have occurred during the past
year. If the permit is not in compliance with the conditions of approval,
or the Planning Services Department has received complaints, the required
annual review shall be set for a public hearing before the City Council,
to consider modification or revocation of the use permit.
5 of 16 JUN 2 7 1995 ITEM 13
Resolution No. P-
Page 3
COMPLIANCE WITH THE FOllOWING CONDITIONS IS REQUIRED. COMPLIANCE SHAll BE
APPROVED BY THE DEPARTMENT OF PLANNING SERVICES.
SITE DEVELOPMENT
1. Site shall be developed in accordance with the approved site plans on file
in the Planning Services Department and the conditions contained herein.
2. Revised site plans and building elevations incorporating all conditions of
approval shall be submitted to the Planning Services Department prior to
issuance of building permits.
3. Approval of this request shall not waive compliance with all sections of
the Zoning Ordinance and all other applicable City Ordinances in effect at
the time of building permit issuance.
4. Trash receptacle shall be enclosed by a six foot high masonry wall with
view-obstructing gates pursuant to City standards. Enclosures shall be of
adequate size to accommodate mandatory recycling bins as well as general
refuse bins. Location shall be subject to approval by the Planning
Services and Public Services Departments.
5. All roof appurtenances, including air conditioners, shall be
architecturally integrated, screened from view and sound-buffered from
adjacent properties and streets as required by the Planning Services
Department.
6. Prior to any use of the project site or business activity being commenced
thereof, all conditions of approval contained herein shall be completed to
the satisfaction of the Director of Planning Services.
7. The applicant shall comply with the latest adopted Uniform Building Code,
Uniform Mechanical Code, Uniform Plumbing Code, National Electric Code,
Uniform Fire Code, and all other applicable codes and ordinances in effect
at the time of building permit issuance.
8. This approval shall become null and void if building permits are not
issued for this project wi th in two years from the date of project
approval.
PARKING AND VEHICULAR ACCESS
1. All parking lot landscaping shall include a minimum of one 15 gallon size
tree for every three spaces. For parking lot islands, a minimum 12 inch
wide walk adjacent to parking stalls shall be provided and be separated
from vehicular areas by a six inch high, six inch wide portland concrete
cement curb.
2. Parking lot lights shall be low pressure sodium and have a maximum height
of 18 feet from the finished grade of the parking surface and be directed
away from all property lines, adjacent streets and residences.
6 of 16 JUN 2 7 1995 ITEM 1.3
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Resolution No. P-
- Page 4
3. All two-way traffic aisles shall be a minimum of 25 feet wide. A minimum
of 25 feet wide emergency access shall be provided, maintained free and
clear at all times during construction in accordance with Safety Services
Department requirements.
4. All parking spaces shall be double striped.
lANDSCAPE IMPROVEMENTS
1. Complete 1 andscape construction documents shall be submitted to and
approved by the Planning Services Department prior to the issuance of
bu i 1 di ng permits. Plans shall be prepared in accordance with City of
Poway Guide to Landscape Requirements (latest edition).
2. A Master Plan of the existing on-site trees shall be prov i ded to the
Planning Services Department prior to the issuance of building permits and
prior to grading, to determine which trees shall be retained.
3. Existing on-site trees shall be retained wherever possible and shall be
maintained in a horticulturally acceptable manner. Dead, decaying, or
potent i ally dangerous trees shall be approved for removal at the
discretion of the Planning Services Department during the review of the
Master Plan of existing on-site trees. Living trees which are approved
for removal shall be replaced on a tree-for-tree basis as required by the
Planning Services Department.
4. Street trees, a minimum of 15 gallon size or larger, shall be installed in
accordance wi th the City of Poway Guide to Landscape Requirements and
shall be planted at an average of 30 feet on center spaCing along all
streets.
5. Landscaped areas with i n the adjacent public right-of-way shall be
permanently and fully maintained by the shopping center.
6. All 1 andscaped areas shall be maintained in a healthy and thriving
cond it i on, free from weeds, trash, and debri s. The trees shall be
encouraged and allowed to retain a natural form. Pruning should be
restricted to maintain the health of the trees and to protect the public
safety. Unnatural or excess i ve pruning, including topping, is not
permitted.
SIGNS
Any signs proposed for this development shall be designed and approved in
conformance with the Sign Ordinance.
COMPLIANCE WITH THE FOllOWING CONDITIONS IS REQUIRED. COMPLIANCE SHAll BE
APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES.
7 of 16 JUN 2 7 1995 lii:M 13
Resolution No. P-
Page 5
SITE DEVELOPMENT
1. Development fees, including but not 1 imited to, water service fees,
remaining sewer connection, sewer cleanout and sewer inspection fees shall
be paid prior to building permit issuance.
Permit and plan checking fees shall be paid upon submittal of improvement,
and/or grading plan, as applicable.
GRADING
1. Grading of the subject property shall be in accordance with the Uniform
Building Code, City Grading Ordinance, approved gradi ng plan and
geotechnical report, and accepted grading practices.
2. A soils report shall be prepared by a qualified engineer licensed by the
State of California to perform such work and submitted at the time of
application for grading plan check.
3. The final grading plan, prepared on a standard sheet of mylar, shall be
subject to review and approval by the Planning and Engineering Services
Departments and shall be completed prior to issuance of a grading permit.
4. All new slopes shall be a minimum of 2:1 (horizontal to vertical).
S. A final compaction report shall be submitted and approved prior to any
paving.
6. A certification of line and grade, prepared by the project civil engineer,
shall be submitted prior to any paving.
7. Buildings and parking lots shall be at least five feet from tops and toes
of slopes, unless waived by Planning and/or Engineering Services
Departments prior to grading permit issuance.
8. Non-supervised or non-engineered fill is specifically not allowed. Rock
disposal areas shall be graded in compliance with City-approved soils
investigations and recommendations and grading plans.
9. Erosion control, including but not limited to desiltation basins, shall be
installed and maintained from October 15th to April 15th. An eros i on
control plan shall be prepared by the project civil engineer and shall be
submitted as part of the grading plan. The developer shall make
provisions to insure the proper maintenance of all erosion control devices
throughout their intended life.
8 of 16 JUN 2 7 1995 ITEM 13
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I .olution No. P-
Page 6
~- STREETS AND SIDEWALKS
1. Reciprocal access and maintenance agreements shall be provided insuring
access to all parcels over private roads, drives or parking areas and
maintenance thereof to the satisfaction of the Director of Engineering
Services. Said agreements shall be in a form approved by the City
Attorney and shall be executed and recorded in the office of the San Diego
County Recorder prior to occupancy.
2. Improvements shall include, but are not limited to :
Sidewalks Cross gutter
=:: Driveways - Alley gutter
Wheelchair ramps X Paving
=::x:= Curb and gutter All ey pavi ng
_ Striping and signings -
3. All damaged off-site public works facilities, including parkway trees,
shall be repaired and replaced prior to exoneration of bonds and
improvements, to the satisfaction of the Director of Engineering Services.
4. The developer shall acquire an encroachment permit for any private
improvements placed within the public right-of-way or City-held easement.
5. Prior to any work performed in the publ ic right-of-way or City-held
easements, a right-of-way permit shall be obtained from the Engineering
Services Department and appropriate fees paid, in addition to any permits
required.
DRAINAGE AND FLOOD CONTROL
1. Intersection drains shall be required at locations specified by the
Director of Engineering Services Department and in accordance with
standard engineering practices.
2. A drainage system capable of handling and disposing all surface water
originating within the project, and all surface waters that may flow onto
the project from adjacent lands, shall be required. Said drainage system
shall include any easements and structures as required by the Director of
Engineering Services to properly handle the drainage.
3. Concentrated flows across driveways and/or sidewalks shall not be
permitted.
UTILITIES
1. Utility easements shall be provided to the specification of the serving
utility companies and the Director of Engineering Services.
2. The developer shall be responsible for the relocation and undergrounding
of existing public utilities as required.
3. Water, sewer, and fire protection systems shall be designed and
constructed to meet the requirements of the City of Poway and the County
of San Diego Department of Health.
9 of 16 JUN 27 1995 ITEM 13
Reso 1 ut i on No. p-
Page 7
4. Existing telephone, gas, electric, water, sewer, and other public utility
lines and appurtenances within and adjacent to the property shall be shown
on the grading /improvement plans.
GENERAL REOUIREMENTS AND APPROVALS
1. Permits from other agencies may be required from:
Caltrans
-
_ San Diego County Flood Control District
--X-- Regional Water Quality Control Board
2. All easements, right-of-way dedications and/or vacations shall be recorded
in the Office of the Recorder of San Diego County prior to building permit
issuance. A processing fee shall be paid to the City.
COMPLIANCE WITH THE FOLLOWING CONDITIONS IS REQUIRED. COMPLIANCE SHALL BE
APPROVED BY THE DEPARTMENT OF SAFETY SERVICES.
1. Roof covering shall be fire retardant as per UBC Section 3203(e) and City
of Poway Ordinance No. 64.
2. The buildings shall display its numeric address in a manner visible from
the access street. Building addresses shall also be displayed on the roof
in a manner satisfactory to the Director of Safety Services and meeting
Sheriff Department - ASTREA criteria. Minimum size of building numbers is
6 inches on the front facade of building.
3. An Emergency Contingency Plan and Hazardous Materials Disclosure shall be
fil ed wi th the County of San Di ego Department of Health and cop i es
provided to the Fire Department.
4. Prior to delivery of combustible building material on site, water and
sewer systems shall satisfactorily pass all required tests and be
connected to the public water and sewer systems. In addition, the first
lift of asphalt paving shall be in place to provide adequate, permanent
access for emergency vehicles. The final lift of asphalt shall not be
i nsta 11 ed until all other construct i on act i vi ty has been substant i ally
completed to the satisfaction of the City.
5. Every building hereafter constructed shall be accessible to Fire
Department apparatus by way of access roadways with all-weather driving
surface of not less than 20 feet of unobstructed width, with adequate
roadway turning radius capable of supporting the imposed loads of fire
apparatus having a minimum of 13'6" of vertical clearance. The road
surface type shall be approved by the City Engineer, pursuant to the City
of Poway Municipal Code.
6. The building will be required to have an approved fire sprinkler system
meeting P.M.C. requirements within it. The entire system is to be
monitored by a central monitoring company. System post indicator valves
with tamper switches, also monitored, are to be located by the City Fire
Marshal prior to installation.
10 of 16 JUN 2 7 1995 ITEM 13
r- ~
,olution No. P-
Page 8
7. A hood and duct extinguishing system shall be installed for all cooking
- facilities within the kitchen area. Plans shall be submitted and approved
prior to installation.
8. A 'Knox' Security Key Box shall be required for the building at a location
determined by the City Fire Marshal. A 'Knox' padlock shall be required
for the fire sprinkler system Post Indicator Valve.
9. Fi re Department access for use of fi re fighting equipment shall be
provided to the immediate job construction site at the start of
construction and maintained at all times until construction is completed.
10. Permanent access roadways for fire apparatus shall be designated as 'Fire
Lanes' with appropriate signs and curb markings.
11. Minimum 2A:10BC fire extinguishers are required for every 3,000 square
feet and 75 foot travel distance.
APPROVED and ADOPTED by the City Council of the City of Poway, State of
California, this 27th day of June, 1995.
Don Higginson, Mayor
-
ATTEST:
Marjorie K. Wahlsten, City Clerk
STATE OF CALIFORNIA )
) SS.
COUNTY OF SAN DIEGO )
I, Marjorie K. Wahlsten, City Clerk of the City of Poway, do~ hereby
certify, under the penalty of perjury, that the foregoi ng Reso 1 ut i on, No.
, was duly adopted by the City Council at a meeting of said City Council
held on the day of , 1995, and that it was so adopted
by the following vote:
AYES:
NOES:
ABSTAIN:
- ABSENT:
Marjorie K. Wahlsten, City Clerk
City of Poway
11 of 16 JUN 27 1995 ITEM 13
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@ SCALE, TITLE: ZONING & LOCATION
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12 of 16 JUN 2 7 1995 liEM 13
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16 of 16 ATTACHMENT E