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HomeMy WebLinkAbout1749 . . . RESOLUTION NO. 1749 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ARCADIA, CALIFORNIA, APPROVING CONDmONAL USE PERMIT NO. 2006-07 FOR A 340 SQ.FT. TEA ROOM WITII 20 SEATS INCLUDING OUTDOOR SEATING AT 229 S. FIRST AVENUE. WHEREAS, on June 15, 2006, a conditional use permit application was filed by Cynthia L. Aguilar, lessee ofthe subject property, for a 340 sq.ft. tea room with 20 seats including outdoor seating, Development Services Department Case No. CUP 2006-07, at 229 S. First Avenue; and WHEREAS, a public hearing was held by the Planning Commission on August 8, 2006, at which time all interested persons were given full opportunity to be heard and to present evidence. NOW, THEREFORE, THE PLANNING COMMISSION OF THE CITY OF ARCADIA HEREBY RESOLVES AS FOllOWS: SECTION 1. That the factual data submitted by the Development Services Department in the attached report dated August 8, 2006 is true and correct. SECTION 2. This Commission finds: 1. That the granting of such Conditional Use Permit will not be detrimental to the public health or welfare, or injurious to the property or 1749 , . . . improvements in such zone or vicinity because the initial study did not disclose any substantial adverse effects to the area affected by the proposed project. 2. That the use applied for at the location indicated is a proper one for which a Conditional Use Permit is authorized. 3. That the site for the proposed use is adequate in size and shape to accommodate said use. All yards, spaces, walls, fences, loading, landscaping and other features including the shared parking with the neighboring business, are adequate to adjust said use with the land and uses in the neighborhood. The proposed project complies with all related zoning requirements as set forth in the Arcadia Municipal Code. 4. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive General Plan because the land use and current zoning are consistent with the General Plan. 6. That the use applied for will not have a substantial adverse impact on the environment, and that based upon the record as a whole there is no evidence that the proposed project will have any potential for an adverse effect on wildlife resources or the habitat upon which the wildlife depends. 1749 ... SECTION 3. That for the foregoing reasons this Commission grants . Conditional Use Permit No. CUP 2006-07, for a tea room with 20 seats including outdoor seating at 229 S. First Avenue, upon the following conditions: 1. The hours of operation shall be limited to 11 :00 a.m. to 2:00 p.m., Tuesday and Thursday, 11:00 a.m. to 3:00 p.m., Wednesday, Friday, and Saturday, and 12:00 p.m. to 2:00 p.m. on Sunday. 2. The seating capacity shall be limited to 10 indoor seats and 10 outdoor seats. 3. The outdoor seating shall comply with all applicable building and safety code requirements, and engineering requirements. A separate public walkways . encroachment pemrit is required prior to the installation of the tables and chairs within the public walkways. 4. 'The use approved by CUP 2006-07 is limited to the tea room. The tea room shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 2006-07. 5. A separate sign design review application shall be submitted for all new signs on the premises. 6. Any exterior alteration to the building requires the filing and approval of a design review application. . 1749 ., 7. All City code requirements regarding accessibility, fire protection, . occupancy, and safety shall be complied with to the satisfaction of Building Services and the Fire Department. S. Approval of CUP 2006-07 shall not take effect until the property owner(s) and applicant(s) have executed and filed the Acceptance Form available from the Development Services Deparbnent to indicate awareness and acceptance of these conditions of approval. 9. The applicant shall defend, indemnifY, and hold harmless the City of Arcadia and its officers, employees, and agents from and a~imlt any claim, action, or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia concerning this project and/or land use decision, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Staff, which action is brought within the time period provided for in Government Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and/or land use . . decision and the City shall cooperate fully in the defense of the matter. The City 1749 . reserves the right. at its own option., to choose its own attorney to represent the . City, its officers, employees, and agents in the defense of the matter. SECTION 4. The decision., findings and conditions contained in this Resolution reflect the Commission's action of August 8, 2006, by the following votes: . A YES: Commissioners Beranek, Olson., and Parrille NOES: CommissionersBaderian., Hsu SECTION 5. The Secretary shall certify to the adoption of this Resolution and shall cause a copy to be forwarded to the City Council of the City of Arcadia. I HEREBY CERTIFY that the forgoing Resolution was adopted at a regular meeting of the Planning Commission held on the August 22, 2006, by the following votes: AYES: NOES: Commissioners Beranek, Olson., and Parrille Commissioners Baderian, Hsu . 1749 c . . . ATTEST: Secretary, Planning Commission City of Arcadia APPROVED AS TO FORM: Stephen P. Deitsch, City Attorney Chairman, Planning Commission City of Arcadia ~ ~', 1749 , . . STAFF REPORT Development Services Department August 8, 2006 TO: FROM: Arcadia Planning Commission Jason Kruckeberg, Community Development Administrator By: Thomas Li, Associate Planner SUBJECT: Conditional Use Permit Application No. CUP 2006~7 for a 340 sq.ft. tea room with 20 seats at 229 S. First Avenue SUMMARY Cynthia Aguilar, lessee, submitted this Conditional Use Permit application to operate a tea room with 20 seats including outdoor seating at 229 S. First Avenue. The Development Services Department is recommending denial of this application due to the lack of on-site parking spaces. GENERAL INFORMATION APPLICANT: Cynthia Aguilar (lessee) LOCATION: 229 S. First Avenue REQUEST: A Conditional Use Permit for a 340 sq.ft. tea room with 20 seats including outdoor seating LOT AREA: 3,785 sq.ft. (0.09 acre) FRONTAGES: 50 feet along First Avenue 75.75 feet along California Street , EXISTING LAND USE & ZONING: The subject property is improved with a 2,686 sq.ft. commercial retail , building, and is zoned CBD. SURROUNDING LAND USES & ZONING: North: South: East: West: Commercial office use; zone CBD FirstAvenue Jr. High School; zoned R-3 Golf shop; zoned CBD Commercial office use; zoned CBD GENERAL PLANDESIGNATI0N: Mixed~Use - Commercial/Multiple-Family BACKGROUND Since February of 2005, the applicant has been operating a gift shop and an adjoining snack shop at the subject property. The applicant is requesting' a Conditional Use Permit to convert the gift shop area into a tea room with outdoor seating. PROPOSAL The applicant is proposing to operate a tea room with 20 seats including outdoor . seating that would occupy a 340 sq.ft. unit within an existing commercial retail building. There would be 10 indoor seats and 10 outdoor seats. The proposed business hours for the tea room would be 11:00 a.m. to 2:00 p.m., Tuesday and Thursday, 11 :00 a.m. to 3:00 p.m., Wednesday, Friday, and Saturday, and 12:00 p,m. to 2:00 p.m. on Sunday. The gift shop would remain open at a limited capacity. The proposed hours of the gift shop would be 10:00 a.m. to 5:00 p.m., Tuesday thru Sunday. The proposed tea room would serve limited menu items such as finger sandwiches, scones, and tea. No hot meals would be served. The outdoor seating area would be located adjacent to the building along First Avenue and California Street, and would require a public walkway encroachment permit to be reviewed by the City Engineer, Community Development Administrator, and the DevelopmentServices Director. PARKING There are no on-site parking spaces. By code,,:a 340 sq.ft. tea house requires a total of four (4) on-site parking spaces (10 spaces pet 1,000 sq.ft. of gross floor area). Currently, the only parking spaces available for the subject unit are the street parking spaces along First Avenue and California Street. . CUP 2006'-07 August 8, 2006 Page 2 I - . ANALYSIS In staff's opinion, the applicant's proposal would be desirable within the downtown area since it would encourage more pedestrian and sidewalk activity. One of the purposes of the Central Business District is to encourage uses that promote downtown vitality. However, staff cannot make the necessary findings to support the applicant's proposal because the site does not provide anyon-site parking, and therefore solely relies on the availability of on-street parking. This is common in the downtown area. As businesses change to higher intensity uses such as re'staurants, often the parking is deficient. In advance of a comprehensive review of downtown parking, staff has no crite~ia to evaluate uses with less than required parking. CODE REQUIREMENTS All City requirements regarding disabled. access and facilities, occupancy limits, building safety, health code compliance, parking and site design shall be cqmplied with to the satisfaction of the Building Official, Community Development Administrator, Fire Marshall, and Public Works Services Director, and are to be determined by submitting fully detailed tenant improvement plans for plan check review and approval. The Los Angeles County Health Department must also approve the tenant improvement plans before building permits will be issued. Any exterior improvements. such as any new signs, sign face changes, awnings and trash enclosures shall be subject to architectural design review and approval by the Community Development Division. An Industrial Waste Discharge Permit shall be obtained from the Public Works Services Department prior to opening of the tea room, and the tenant improvements shall include the Best Management Practices (BMPs) of the Minimum Project Requirements for reducing the level of pollutants in storm water runoff. CEQA The proposed project is categorically exempt from the requirements of the Califomia . Environmental Quality Act. This project involves a restaurant or a similar structure that meet the requirements for a Class 3 exemption under Section 15303 of the CEQA Guidelines. FINDINGS . Section 9275.1.2 of the Arcadia Municipal Code requires that for a Conditional Use Permit to be granted, it must be found that all of the following prerequisite conditions can be satisfied: 1. That the granting of such Conditional Use Permit will not be detrimental to the public health orwelfare or injurious to the properly or improvements in such zone or vicinity. CUP 2006-07 August 8, 2006 Page 3 \ 2. That the use applied for at the location indicated is properly one for which a Condition!31 Ulile Permit is authorized. 41 3. That .the site for the proposed use is adequate in size and shape to accommodate said use, and all yards, spaces, walls, fences, parking, loading, landscaping, and other features required to adjust said use with the land and uses in the neighborhood. 4. That the site abuts streets and highways adequate in width and pavement type to carry the kind of traffic generated by the proposed use. 5. That the granting of such Conditional Use Permit will not adversely affect the comprehensive Genera.1 Plan. RECOMMENDATION The Development Services Department recommends denial of.Conditional Use Permit Application No. CUP 2006-07, based on the lack of on-site parking spaces. If the Commission decides to approve the proposal, staff recommends the following conditions: 1.. The hours of operation shall be limited to 11 :00 a.m. to 2:00 p.m., Tuesday and Thursday, 11:00 a.m. to 3:00 p.m., Wednesday, Friday, and Saturday, and 12:00 p.m. to 2:00 p.m. on Sunday. 2. The seating capacity shall be limited to 10 indoor seats and 1.0 outdoor seats. 3. The outdoor seating shall comply with all applicable building and safety code requirements. engineering requirements. A separate public walkways encroachment permit is required prior to the installation of the tables and chairs within the public walkways. . 4. The use approved by CUP 2006-07 is limited to the tea room. The tea room shall be operated and maintained in a manner that is consistent with the proposal and plans submitted and approved for CUP 2006-07. - 5. A separate sign design review application shall be submitted for all new signs on the premises~ 6. Any exterior alteration to the building requires.the filing and approval of a design review application. 7. All City code requirements regardIng accessibility, fire protection, occupancy, and safety shall be complied with to the satisfaclionof Building Services and the Fire Department. ' 8. Approval of CUP 2006-07 shall not take effect until the property owner(s), and applicants have executed and filed the Acceptance Form available from the . CUP 2006-07 . August 8, 2006 Page 4 , - . Development Services Department to indicate awareness and acceptance of these conditions of approval. 9. The applicant shall defend, indemnify, and hold harmless the City of Arcadia and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Arcadia, its officers, employees or agents to attack, set aside, void, or annul any approval or condition of approval of the City of Arcadia conceming this project and/or land use decision, including but not limited to any approval or condition of approval of the City Council, Planning Commission, or City Staff, which action is brOl.jght within the time period provided for in Govemment Code Section 66499.37 or other provision of law applicable to this project or decision. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and/or land use decision and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. PLANNING COMMISSION ACTION Denial The Planning CommissIon should move to deny Conditional Use Permit Application No. CUP 2006-07 and dIrect staff to prepare a resolution to deny CUP 200S-llS for a tea room at 229 S. First Avenue. Approval If the Planning Commission intends to approve this application, the Commission should state the specific reasons for approval and direct staff to prepare the appropriate res.olution incorporating the Commission's decision and specific findings. If any Planning Commissioner, or other interested party has any questions or comments regarding this matter prior to the August 8111 publiC hearing, please contact Thomas Li at (626) 574-5447. Approved by: -:,- V 7-9 Jason Krucke rg Community Development Administrator Attachments: Aerial Photo, Vicinity Map with zoning information, Floor Plan Outdoor Seating Plan, Site Photos, Environmental Documents CUP 2006'-07 August 8, 2006 Page 5 ] , ) ~ N c:J 229SFltstAve D Arcadia I!!] Zone . I,,~ ,~.; "'. "'-r'" ,~.,"I i'" .~. i:' , I ." ~ 4 ';.\ ~. :' ~" t...~~:,j~'j~lt:tf lls 229 S First A venue CUP 2006-07 Development Services Department Englneeriilg DMsion PrepaJ'edby:R.SJiollzsI8z.Ju1y2OOll. u on I ~J I.... "' I ..I i~: I ~ N (3 ~ (42) (46) (50) 100 0 1""""""1I - 100 200 Feet , (201) I CSD I (203) (208) CSD (215) (214-216) (221) (220) R-3 (225) ~ (224) oq; .... (234) (115) (57) (113) (117) (12\ 31) (33) (41) (45) (49) (53) (55) CI) $ CALIFORNIA u;: (120) (12 ~ R-3 PR.3 R-3 (301) (316) ~ (113) (119) (1: "'.i, ~ 229 S First A venue CUP 2006-07 veJopment Services ~parlment Engineering Division Propared by: R.s.GoIlza1ez, JtJy 2006 , CYNTHIA'S 229 S. FIRST AVE ARCADIA, CA 91006 VICINITY MAP <D 10 RIIU01! AI EIDQ1IIIEflU. RDWEII saar IIJD Am IIOCIII DIED fDllWlJ IaII:IIlIS!.lDtI1IDAf PIII1B.IID I8Al1 SCR:W. II1REIUIII FEItOIIII COffEE, fU.1mUD SQFI1lIIDI. ......u:iIcED FDUDI lID PIIU,lCUIIID CIIDY. 1BEUlDW _1_apA1alDaL..ltP'toDCCIIIGl1lll~ 1BE 1EUIT .-rwu__1l oa:umE NlI11U, PA1cal:a Dll'Wau m tIlE ADDmDI Of CIIPfIIID P1lR1 fBDIT 1If1lE STUB! II . WBl.IS tHE IBItCIIIGI (If 11II"1ZIL 101!:: IEJUIrfftRmllARiIEGDllEDFOI-....... IIICIIIUI;"-IID_ IDIf: f'I..DIIIDI8i1DEiKnm:a to a 1lESlCl1UI1D,1'EIEI11O . PUUSlIJ sua.catnUmIII. R.II08A1U:'....IQ.Fr. IIIII8EI 01 BIPUIIED:.. '[;lcIS"'''J~ B.eolC l'ul1J 99 fr(01'oset> F/.DoJt I'1.kJJ 9 ;:~ 009 _......-r-.w(ML.E.am.VlD ..-....... -.-- ..-- -.--- ...--...-- l I 00 / . .'. ... - - - - -- .... -- ~ o o ........... - . ...--..-- ..-- ---- ......- . I .0 I' ., -.. K1 D -1\ovt.h . ~ i ! Di ~ 0] ~ o .r t!:>o , o ~ o .;y# [] r'~ A) f<J 000 OCIO OOp Dr L . 1-1rod:~~'LIC3tl.e Jt.___ ._. 17.! 111 tul'b l''Jyb I ue.P -aU.u.D.lliLlL u: .Q ~ ..... -.(!. -rr - !: ....ezJ~Q(1.Il1i j+. @ ~ome.(" e.lW'lt\;+iQO~ .__" - ----~_ ......M _..~_____. litJTHJAS"--- - ... -.~~- ..229~Slf.TIR-sTAVr- --.- -/\ f) (A-'A"- 71, ~I 1\",,\ r .,. --- .[:)1'\ DI/'""'I.vI. ,i 'JVO _ ... ~2b.~4:B327~~~-~= ....ske:t1.h-=Of-:srd'e'N~!K 'liming- not. -to ~ale , \ CUP 2006-07 . 229S. First Avenue '" , , .~, ., " A. ~'. I~. View of the snackshopto the west of the subject unit - . , - . PRELIMINARY EXEMPTION ASSESSMENT (Certificate of Determination when attached to Notice of Exemption) 1. Name or description of project: CUP 2006-07 2. 229 S. First Avenue Location: 3. Entity or person undertaking project: A X B. Other (Private) (1) Name: (2) Address: Cynthia L. AQuilar (Lessee) 2615 Louise Avenue. Arcadia. CA 91006 4. Staff Determination: The City's Staff, having undertaken and completed a preliminary review of this project in accordance with the City's "Local Guidelines for Implementing the Califomia Environmental Quality Act (CEQA)" has concluded that this project does not require further environmental assessment because: '- a. The proposed action does not constitute a project under CEQA b. The project is a Ministerial Project. c. The project is an Emergency Project. d. The project constitutes a feasibility or planning study. e. 1- The project is categorically exempt. Applicable Exemption Class: 03 f. The project is statutorily exempt. Applicable Exemption: g. The project is otherwise exempt on the following basis: h. The project involves another public agency which constitutes the Lead Agency: Name of Lead Agency r Date: July 5, 2006 Thomas P. Li Staff , 7/02 Date Filed: FileNo. . &-IS"-()j. CITY OF ARCADIA 240 WEST lfUNTlNGTON DR/VE ARCADIA, CA 91007 ENVIRONMENTAL INFORMATION FORM - General Infonnation 1. AppJioant's Name: L! Y^rrN hlJ L /'J Co t.l ht...RA, Address: L~4i.:./~e Ave.,AJucc _ A/Lt:!A~hA. """,14 . 7/dtfJ(., .~U./~ 2. Property Address (L'ocatiozi): ,.,1..:2 ~ .q. ,c;"esr ..4verNve' //A!/'A.o/A CA '//_ , . Assessot's Number: 3. Name, address and telephone niDnber of person to be coDlacted concerning 1his project: /I-".<?.tO/A> t:'A ~ e ~ ~ 9,4>1' 4. List and describe any other related pennits and other public approvals teqUired for 1his project, including those /' ~cjuired by citr, regional, state. and federal agencies: /f. St:1IfH i:>F ~A ~,:. s;e-,t.~ /?;;em'T (fit", iJe-) cl/1l-vE) I. . .' it :t' L.J. .- .. //l-AV~) .I. ;"~~M 'S'tbJu.rTYG/p. ~.t. /k~ ,t:!al'-(!'/:rYtJF.AI~,prA- ~hN9 l' T1 ~ L . 'j/.l&. ~.itl'"r . (1III1I1.i) 3, ;;dlJllAN.pW~j I17pp/lde7t t!~!JlJ7FIM77DV ~.l9<IO~ Y. Zone C1assifiClltlon: 6. GeneraI Plan Designation: .. Proiect Descriotion 7. Proposed QSC.of site (project description): n:7I J&6M - 'LtSC17 r2l 5e7Z.J.Je- ;:"J'!.cm ..<;AunJilltUle5' <j~erJe:-s +n7J , ,. 13. Site size: 9. Square footage per building: ..54,!) ~t$. Fr. 10. Number of floors of construction: / FtNUf. ~A/t.te: :f'~y) 11. .Amount of off.,street pBIking provided:A!.,Pt", -r~ f'_~ /JJ)n' '~. "'''' Al.TIIS'r." MuFp/l.JJIA sr{~,..,,"-'esr) Proposed scheduling ofproject: /1./lt,JJ ANIU>()/I( of t!t.LP. Anticipated incremental development: /oJ / A ..a; MC.. ~~ 6# r;~T..JiJl:. 12. 13. 14. Ifresidenlial, include the number of units, schedule of ' unit. sizes, range of sale prices or rents, and type of household sizes expected: N/A 15. If commercial, indicate the type, ie. neighborhood, city or regioilally oriented, sqliare footage of saiesarea,. and loading facilities, hours of operation: PWII?P" "q,k;/L. T1J ,?1Pi'{'.116f;GQ.<p-.4. . 8XH16Jt'77/~I'#P~~ ~ . /lp/J...a. t?P ~~t?4-' s~ /4uLt.- /P-s ([!~5eP/1lP,A/b.-9'/ r SAT. ItJ-S- ~.oi9-'/ /1-3 . If indnstrial, indicate type, estimated employment per shift, and loading facilities: 16. IJIA 17. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefl15 to be derived from the ~ject: ,.4A 18. If the project involves a variance, conditional, use permit or zoning application, stale this and indicate clearly why the application iuequired: e t.Lf1 I'" /2et!jl'-lllff'O F..,,- I;.J004~ DuJ/A.J<:'. Are the following items applicable to the project or its effec15? Discuss below all items checked yes (attach additional sheets as necessmy). YES NO 19. Cbange in existing features of any hills, or substDDtial a1teIatin of ground contours. (J ~ e 20. Change in scenic views or vistas from. existing residential areas or publiciands or roads (J ~ 21. Cbange in pattern, scale or character of general area of project (J ~ 22. Significant amoun15 of solid waste or litter. (J ~ 23. Change in dust, ash, smoke,ftunes or odors in vicinity , (J ~ 24. Change in ground water quality or quantity, or alteration of existing drainage pattersn. (J ~ 25. Substantial cbange in existing noise or vibmtioo levels in the vicinity. (J ~ 26. Is site on.filled land or on any slopes of 10 percent or more. (J [XJ 27, Use or disposal of potentially hazardous materials, such as tOxic substances, flammable (J lij of'exp1osives: YES NO 28. Substantial cbange in demand fOf municipal services (police, fire, water, sewage, etc.) (J ~ liLR . 01/14/04 Page 2 ~ 32. \ , 29. Subslantialincrease in fossil fuel COIIS1I1Ilption (electricity, oil,.natural gas, etc. Q Q Q ttJ ~ 00 - 30. Relationship to a larger project or series of projects. 31. StOIm water'system dischargeS ftom areas for materialsstolllge, vehicle arequipment fueling, vehicle or equipmentmaintenano.e (including wasbing),waste handlil\g;1ll12ardous materials handling or storage deiiveIy or loading docks, or other outdoorwOlkareas? A significantly environmentally harmful increase in the flow 1'IIlll or volume of storm water Q III tunofl'l 33. A significantly euvironmentaIly harmful increase in erosion of the project site or surrounding Q ~ areas? 34. ,StOIm water ltischarges !bat would significantly impair the beneficial uses of receiving waters Q Oil or areas that provide water quality benefits (e.g. riparian COJridors, wetIands, etc.)? 35. Harm to the biological inlegrity of drainage systems and water bodies? Q ~ Environmental Settine Describe (on a separate sheet) the project site as it exists before the project, includinginfonnation on _ topography, soil slability, plantil and animals, any cultural, historical or scenic ;tSJlCCts, any existing structures .. on the site, IIIId the use of the structures. Attach pbotogmphs of the' site. Snapshots or Polaroid photos will be accepted. t-J/A 13t.u~"- S~R"P 5>u-""~A.I~~ p",rCN'A"-'ifoe:D. Describe (on a separate sheet) the surrounding properties, including infOfDWion on plants. animals, any cultural, historiClil or Scenic aspects. Indicate the type ofland uses (residential..commercial, etc.), intensity of land use. (one-1innily,. apartment houses, shops, department Stores, etc.), and scale of development (height, fronlllge. set-~ rear yards, etc,). Attach photographs of the vicinity . SnapShotS or Polaroid photos will be accepted.P,k?f,E j!.e:FelL m ~/.eJ/TS A) JJ .!: ~~€J). Certification ~ .liE 36. 37. I hereby certify !bat the statmnents furnished above and in the atlaChed exhibits present the data and information required for this initillI evaluation to the best of my ability, and !bat the facts,statemenlS. and information presented are true and correctto the best of my knowledge and .belief. to IJ/-f)~ Date ~<>'..d 7f. T~..J E.LR ol(14(04 . Page 3