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HomeMy WebLinkAbout41-Planning & Building CITOOF SAN BERNARDIO - REQUEO" FOR COUNCIL AC-Q)N From: Larry E. Reed, Director Subject: Appeal of the Denial of Variance No. 90-13 Dept: Planning and &1ilding Services Deu: January 8, 1991 l~yor and O:mron Council Meeting of Wednesday, January 23, 1991, 2:00 p.m. Synopsis of Previous Council action: On December 11, 1990, the Planning Ccmni.ssion by a 6 to 0 vote denied Variance No. 90-13. No previous Council action: ~ ~ , ::\ Recommended motion: '!hat the hearing be closed; and, that the appeal be denied and Variance No. 90-13 be denied based on the Findings of Fact a:mtained in Exhibit" 4 .. . (Supports Staff recamendation and Planning Ccmni.ssion action.) OR '!hat the hearing be closed; that the appeal be upheld and Variance No. 90-13 be approved in concept; and that Staff be directed to prepare appropriate Findings of Fact for consideration at the next regularly scheduled Council Ireeting. (SUpports Applicant I s request.) ~ .r- h.L Signature Larry E. Contact person: Larry E. Reed Phone: 384-5057 Supporting data attached: Staff Rep:>rt Ward: 3 FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. Descriotion) Finance: Council Notes: 75-0262 Anpnrf~ It.gm Nn 1.)/ CITOOF SAN BERNARDIO - REQUEO" FOR COUNCIL AC~N STAFF REPQRT Subject: Appeal of the Denial of Variance No. 90-13 by the Planning Commission Mayor and Common Council Meeting, Wednesday, January 23, 1991 REOUEST The applicant, Quiel Brothers, is appealing Variance No. 90-13 by the Planning Commission. requests that the Mayor and Council reconsider approve Variance No. 90-13. the denial of The applicant the denial and BACKGROUND Variance No. 90-13 is a request to remove an existing 40 foot tall, 220 square foot freestanding sign and install two 25 foot tall, 150 square foot freestanding signs. The subject property is located at 955 and 965 South "E" Street. Munici- pal Code Section 19.60.210 (E) allows for one freestanding sign twenty-five feet high and a maximum of 75 square feet per face'of sign area. Thus the variance request is to double both the number and sign area allowed by code. The Planning Commission's staff report analyzed the request and could find no the variance findings (See Exhibit Commission denied the request by a 6 to of December 11, 1990 justification to make "4".) The Planning o vote. MAYOR AND COUNCIL OPTIONS The Mayor variance or request. and Council may deny the appeal uphold the appeal and approve and deny, the the variance RECOMMENDATION Staff recommends concurrence with the Planning Commission's action of denial of Variance No. 90-13. Prepared by: John Montgomery, AICP Principal Planner For Larry E. Reed, Director Planning and Building Services Exhibits: 1 - Letter of Appeal to the Mayor and Council 2 - Statement of Official Planning Commission's Action 3 - Public Hearing Notice 4 - December 11, 1990, Planning commission Staff Report jdas M&CCAGENDA VARNO.90-13APP 5-0264 o o o o ?E(:~- , -- ';J l= t ~ t: I' 1.- ~-. . ., .. . '. -.. '. . SIGNS BY ~ -CQ..-:::.ee aJJSOOTFI ~srRM.:MN BERNARDINO. CALIF. ~10 ';-. 14 p ~ :43 , PH. 714 885 H76 FAX 714-888-2239 ,w .- - December 14, 1990 Ci ty Counci 1 City of San Bernardino 300 North "0" Street San Bernardino, CA 92418 Re: Variance No. 90-13 Dear City Council: On behalf of our c 1 i ent "I n 1 and Pl aza" we hereby appeal to you the decision of denial by the Planning Commission on December 11,1990 for the following reasons. In an effort to enhance the property and provide an incentive to attract tenants to occupy the vacant store spaces we are proposing to remove the existing 40 foot tall; 220 square foot sign and install two individual 25 foot tall; 150 square foot signs. We feel that the two signs proposed will be more architecurely compatible with the building and the reduced height will be more consistent with the General Plan. Another reason for this request is to allow for a total sign face area of 300 square foot as opposed to 220 square foot that is presently existing. This will allow for more tenant identification on the street signs and therefore provide a major incentive for future tenants. The proposed sign face area is still reduced from the allowed sign area of neighboring stores to the north and south. Please call if we may be of any help answering questions. Respectfully yours, QUIEL BROS. ELEC SIGN SERVICE GQ/kw CC: Sam Watson 1585 Sunland Lane Costa Mesa, CA 92626 SALES. SERVICE. LEASING. MAINTENANCE. CRANE SERVICE. NEON CoIN. eo......... ~ No. 217.M5 Exhibit "1" o o o o City of San Bernardino STATEMENT OF OFFICIAL PLANNING COMMISSION ACTION PROJECT Number: Variance No. 90-13 Applicant: Quiel Bros. Electric Sign Service OWner: Sam Watson Meeting Date: December 11, 1990 x Denied based upon the Attached Findings of Fact (Attachment B). YQ:n; Ayes: Nays: Abstain: Absent: Clemensen, Cole, Lindseth, Lopez, Sharp, Stone None None Corona, Jordan I, hereby, accurately Commission certify that this Statement of reflects the final determination o the City of San Bernardino. Official Action of the Planning Larrv E. Reed. Director of Plannina & Buildina Services Name and Title cc: Proje~t Property OWner Project Applicant Building Division Engineering Division Case File PCAGENDA: PCACTION Exhibit "2" o CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT SUMMARY AGENDA ITEM HEARING DATE WARD 5 12111/90 3 P'"~ , 'APPLICANT: Quiel Bros. Electric Sign Co ILl 272 South "I" Street (I) VARIANCE NO. 90-13 San Bernardino. CA 92410 e OWNER: Inland Plaza. Sam Watson & Hele C (.) 1585 Sunland Lane Costa tlesa. CA 92626 r". ~ The applicant requests a variance from Municipal Code Section 19.60.210(E) ILl which permits one free standing sign per multi tenant center with a maximum ~ of seventy-five square feet per face, to allow for the placement of two 0 free standing signs with 150 square feet of face area per sign. ILl a:: The subject property is located at 955 and 965 South "E" Street. - e ILl a:: e "-' . r EXISTING GENERAL PLAN PROPERTY lAND LISE ZONING DESIGNATION Subject Commercial CG-l Commercial General North Commercial CG-l Commercial General South Commercial CG-l Commercial General East Orange Show Grounds PCR Public Commercial Recre ation West Commercial . Fast Food "- REstaurants Central City South Commercial. south VV' GEOLOGIC I SEISMIC DyES FLOOD HAZARD 0 YES o ZONE A ( SEWERS: 00 YES ) HAZARD ZONE: Xl NO ZONE: 00 NO o ZONE B o NO ( HIGH FIRE 0 YES AIRPORT NOISE! o YES ( REDEVELOPMENT ~ YES ...... HAZARD ZONE: XJ I CRASH ZONE: PROJECT AREA: NO ~ NO o NO r---. r -I o NOT o POTENTIAL SIGNIFICANT Z 0 APPROVAL e APPLICABLE EFFECTS WITH 0 MmGATlNG MEASURES - !Z(I) I- 0 NOE.I.R. e CONDITIONS ILICJ 11.0 =:Z Yl EXEMPT o E.l.R. REQUIRED BUT NO II.Z IX] DENIAL Z- SIGNIFICANT EFFECTS elLl OQ WITH MITIGATING ~I a::iE MEASURES 0 CONTINUANCE TO -II. 0 > o NO SIGNIFICANT o SIGNIFICANT EFFECTS Z fd ILl EFFECTS SEE ATTACHED E.R.C. MINUTES a:: "- \.. ....- - hase an Clf _ I!fIWIDN) --- Pl,AN-I.G2 PAGE' OF 1 (..-DO) ATTACHMENT B CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT VAR NO. 90-13 CASE AGENDA ITEM HEARING DATE PAGE 5 12/11/90 7 o ,... ""'l .... FINDINGS OF FACT 1. There are no exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, which do not apply generally to other property in the same zoning district in that the surrounding properties within the CG-l land use designation must comply with. current code requirements in order to replace any non-conforming signs. The granting of this variance is not necessary for the preservation and enjoyment of a substantial property right of the applicant in that existing land use stan- dards sufficiently address the business's needs for adequate on site advertising. ~r~3."~oIi 2. 3. The granting of this variance will me materially detri- mental to the public welfare and be injurious to property and improvements in the land use district in which the property is located in that excessive signage undermine the goals for the overall character of "E" Street and the City's goal to create a more attractive community. 4. The granting of the variance objectives of the General Plan the General Plan to limit the in private development. will be contrary to the in that it is a policy of number and size of signs ftlAN..I.D8 PAGE10F1 (oioCIO) o o o o OFFICIAL NOTICE OF PUBLIC HEARING BEFORE'THE CITY OF SAN BERNARDINO MAYOR AND COMMON COUNCIL APPEAL OF Variance No. 90-13. Denial I... r THIS IS TO INFORM YOU THAT THE FOLLOWING ITEM HAS BEEN APPEALED TO THE MAYOR AND COMMON COUNCIL BY n1i~' RTnlC:: 'F.1Fl'l"'+,..;('! ~;nn ~r'tT;~ r SUBJECT: Variance No. 90-13 WARD -# 3 .J PROPERTY LOCATION : 955 and 965 South "E" Street \.. PROPOSAL: 'lb rE!lIDIIe an existing 40 foot tall, 220 square foot f:reestanding sign and install t\\O 25 foot tall, 150 square foot f:reestanding signs. PUBLIC HEARING LOCATION: SAN BERNARDINO CITY HALL COUNCIL CHAMBERS 300 NORTH "ON STREET SAN BERNARDINO, CA. 92418 I HEARING DATE AND TIME: Tuesday, January 22, 1990, 2:00 p.m. \.. A DETAILED DESCRIPTION OF THE PII0POSAL IS ON FlLE IN THE PLANNING DEPARTMENT AT CITY HALL. IF 'IOU WOULD LIKE FURTHER INFORMATION ABOUT THIS PltOPOSAL PRIOR TO THE PUBLIC HEARING, PLEASE CONTACT THE PLANNING DEPARTMENT IN PERSON OR BY PHONING (714) 384-5057. THANK YOU. '- EKhibit "3" J'" ..... Illy CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT SUMMARY AGENDA ITEM HEARING DATE WARD 5 12/11/90 3 "~ r APPLICANT: Quiel Bros. Electric Sign Co W 272 South "1" Street tn VARIANCE NO. 90-13 San Bernardino, CA 92410 < OWNER: Inland Plaza, Sam Watson & HelEr ~ hase U 1585 Sunland Lane \. \. Costa ~lesa, CA 92626 ... f3 :;) 0 W II: - < W II: < '-' \. The applicant requests a variance from Municipal Code Section 19.60.210(E) which permits one free standing sign per multi tenant center with a maximum of seventy-five square feet per face, to allow for the placement of two free standing signs with 150 square feet of face area per sign. The subject property is located at 955 and 965 South "E" Street. PROPERTY Subject North South East EXISTING LAND USE Commercial Commercial Commercial Orange Show Grounds West \. ZONING CG-1 CG-1 CG-1 PCR GENERAL PLAN DESIGNATION Commercial General Commercial General Commercial General Public Commercial Recre- ation Commercial , Fast Food REstaurants Central City South Commercial, south vv",.. v, V'".1 ~ ( SEWERS: GEOLOGIC I SEISMIC 0 YES \. HAZARD ZONE: ~ NO ...., I FLOOD HAZARD 0 YES 0 ZONE A ) \. ZONE: 00 NO 0 ZONE B (HIGH FIRE 0 YES : HAZARD ZONE: !J NO - ..J j! Ztn WCl :2Z Z- OQ 11:; -II. > Z W ~ "-- \.. CITY OF _ .-....0 CEIfflW.M1NnNG.IIMCES o NOT APPLICABLE G EXEMPT o NO SIGNIFICANT EFFECTS I AIRPORT NOISE! CRASH ZONE: o POTENTIAL SIGNIFICANT EFFECTS WITH MITIGATING MEASURES NO E.I.R. o E.l.R. REQUIRED BUT NO SIGNIFICANT EFFECTS WITH MITIGATING MEASURES o SIGNIFICANT EFFECTS SEE ATTACHED E.R.C. MINUTES Exhibit "4" o YES (jQ NO ,r---., Z o ~ II.Q II.Z <W til o fd II: L\. fXJ YES) o NO . REDEVELOPMENT Yl YES PROJECT AREA: o NO o APPROVAL o CONDITIONS IXJ DENIAL o CONTINUANCE TO .."j PLAN-om PAGE' OF 1 (4".90) o CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT OBSERVATIONS CASE AGENDA ITEM . HEARING DATE PAGE VAR NO. 90-13 5 12/11/90 2 ~ ., REOUEST The applicant requests a variance from Municipal Code Section 19.60.2l0(E) to establish two free standing signs with a face area of 150 square feet each in a multi tenant retail center. The Municipal Code allows multi tenant centers one wall sign per each tenant in additiona to one 25-foot high free stand- ing sign with a maximum of 75-square feet per face area. SITE LOCATION The subject property is an irregularly-shaped parcel of approximately 2.64 acres located at 955 and 965 South "E" Street, generally situated on the east side of "E" Street approximately 3,960 feet south of the centerline of Mill street. MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE The proposed signage is not consistent with Section 19.60.2l0(E) of the Municipal Code. The request is also inconsistent with the several Policies of the General Plan (~o~ic;:y. 1. 45, 1. 45. 5, 1. 45. 6, 1. 45. 8) which require mlnlmlzlng the number, size, and placement of signs in private development; require that private signage be limited to the purposes of building, business, and/or tenant and address identification; prohibits the development of pole signs at the key entries to the City and in key activity districts; and prohibits the use of oversize, flashing, animated, or garnishly colored signs which dominate the building architecture, and/or district in which they are located. Futhermore, the proposed variance is not consistent with the objective of the General Plan (1.45) which is the insure that private signage is well integrated into architectural and site design and minimized within land use district to reduce visual clutter and blight. CALIFORNIA ENVIRONMENTAL OUALITY ACT (CEOAl The proposal is categorically exempt from the requirements of CEQA under Section 153l1(a). .. ...j CllVOF.....~ CENI'IW.-.wa~ PI..AN-8.DB PAGE 1 OF 1 (4-90) o CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT OBSERVATIONS CASE AGENDA ITEM HEARING DATE PAGE VAR NO. 90-13 5 12/11/90 3 r ., BACKGROUND The subject site consists of a retail center with one 40-foot high, 220 square foot nonconforming sign. The site is designated CG-l, Commercial General. In addition, this site is located within the Central city Redevelopment Project area. VARIANCE REOUEST The applicant proposes to remove the existing 40-foot high, 220 square foot (per face) nonconforming sign and replace it with two signs of 150 square feet (per face) each. Total signage would, therefore, be increased from a total of 440 square feet to a total of 600 square feet. The request for the variance is based on the applicant's claim that the current sign standard of 75 square feet per face is not sufficient to provide adequate advertising for the tenants. They also make reference to the existing nonconformihg signs on adjacent parcels. staffs analysis does not support the applicants findings (Attachment C). The current code requirement of one 25-foot high, 75 square foot per face free standing sign per multi tenant center is applicable to all businesses applying for a sign permit in the CG-l land use designation. Other businesses in the CG-l land use designation have been able to comply with these code requirements without suffering hardship. To grant this variance would result in a precedent for allowing additional signage to other locations. In accordance with state law, the following findings must be made in order to establish the ~ for a variance: A. There are special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of this Code deprives such property of privileges enjoyed by other property in the vicinity and under identical land use district classification; B. That granting the variance is necessary for the preservation and enjoyment of a substantial pro- perty right possessed by other property in the same vicinity and land use district and denied to the property for which the Variance is sought; ClTVOl'_~ CEN1JW.PIIINnNOIEA\IICU ~ PLAN-e.oe PAGE' OF 1 (4-90) o CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE VAR NO. 90-13 OBSERVATIONS AGENDA ITEM HEARING DATE PAGE 5 12/11/90 4 ., C. That granting the Variance will not be materially detrimental to the pUblic health, safety, or welfare, or injurious to the property or improve- ments in such vicinity and land use district in which the property is located; D. That granting the Variance does not constitute a special privilege inconsistent with the limitation upon other properties in the vicinity and land use district in which such property is located; E. That granting the Variance will not be inconsistent with the General Plan. In our professional judgement, staff cannot make the neces- sary findings to support the variance (Attachment B). There are no special circumstances applicable to this property. The site is a 2.64 acre retail center with no special topographical features, shape, or location. The strict application of this code does not deprive such property of privileges enjoyed by other property in the vicinity and under identical land use district classification in that the applicant is not obligated to remove the existing nonconforming sign and may, therefore, enjoy an oversized sign as do other surrounding properties which have non conforming signs. In addition, staff feels that the existing sign standards sufficiently address the business need for adequate on site advertising. Furthermore, excessive signage is contrary to the Policies and Objectives of the General Plan which calls for limiting the number and site of signs in private develop- ment. The Design Guidelines Section of the General Plan (Page 5-20) points out that when original signage is present in older commercial districts and it is maintained in good working order, signage can add to the integrity of a commercial district. On the other hand, when s1gnage is updated or modernized, the result can be unsightly. Often this occurs when the number and size of onsite signs is unregulated. "E" Street, south of Mill, is cited in this Section of the General Plan as an example of a problemed area due to cluttered signage. To allow additional signage would there fore only add to an already problemed area. ... PLAN-8.D8 PAGE 1 OF 1 (4.gQ) CIlVOF_~ ClJfflW.I'AlffJ\NO.....,.czs o CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE VAR NO. 90-13 5 1?/11/QO ~ OBSERVATIONS AGENDA ITEM HEARING DATE PAGE r- CONCLUSION The requested variance is contrary to the Policies and Objectives of the General Plan. It is the policy of the General Plan to minimize the number, size, and placement of signs in private development. The General Plan's objective is to minimize signage to reduce visual clutter and blight. In addition, there are no extraordinary or exceptional circumstances; therefore, staff can not make the findings to establish a NEED for a variance. "E" Street is a significant corridor linking Inland Center Mall with Central city Mall. To permit additional signage would undermine the goals for the overall character of "E" Street and the City's goal to create a more attractive community. If this variance is not granted, the applicant has two choices. They may continue using the existing non- conforming sign or they may comply with current sign stan- dards and replace the oversized nonconforming sign with a 25- foot high sign with 75 square feet of face area per side. Staff does not support the replacement of one nonconforming sign with two nonconforming signs. RECOMMENDATION Based upon the above-noted observations and the attached Findings of Fact, staff recommends that the PlanningCommis- sion deny Variance No. 90-13. Respectfully Submitted, bc~ Planning and Building Services _&'#4:--c:PZb&~' Edalia Olivo-Gomez Associate Planner Attachments: A - Municipal Code & General Plan Conformance B Findings of Fact C Applicant's response to Findings o Site Plan and Sign Plans E Location Map ... PLAN.8.Q8 PAGE 1 OF 1 ,...go) ClTYOf......~ CEtrmW.-...a_""'K:h ATTACHMENT o CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT OBSERVATIONS CASE AGENDA ITEM HEARING DATE PAGE VAR NO. 90-13 5 12/11/90 6 MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE Cateqorv Proposal Municpal Code General Plan Permitted Use Two free- standing signs in excess of of required square footage Variance reqeusted One free-standing sign per multi tenant center Conso- lidation Multi tenant signage ClTYOF_~ ---- ... .... P1.AN-8.Q8 PAGE 1 OF 1 (4-90) 0' ATTACHMENT B o CITY OF SAN BERNARDINO PLANNING AND BUILDING SERVICES DEPARTMENT CASE VAR NO. 90-13 FINDINGS OF FACT AGENDA ITEM HEARING DATE PAGE 5 12111/90 7 1. There are no exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of the property, which do not apply generally to other property in the same zoning district in that the surrounding properties within the CG-1 land use designation must comply with current code requirements in order to replace any non-conforming signs. 2. The granting of this variance is not necessary for the preservation and enjoyment of a substantial property right of the applicant in that existing land use stan- dards sufficiently address the business's needs for adequate on site advertising. 3. The granting of this variance will me materially detri- mental to the public welfare and be injurious to property and improvements in the land use district in which the property is located in that excessive signage undermine the goals for the overall character of "E" Street and the City's goal to create a more attractive community. 4 . The granting of the variance objectives of the General Plan the General Plan to limit the in private development. will be contrary to the in that it is a policy of number and size of signs '" ~ C/TYC7_~ --........ PlAN-U6 PAGE 1 OF 1 (4-90) ~ . ATOHMENT c o . ALL APPLICATIONS FORA VARIANCE MUSTlNCLUDEA WRITTEN RESPONSE TO EACH OFTHE FOLLOWING ITEMS IN ORDER TO CLEARLY ESTABLISH THE ~ FOR THE VARIANCE. PLEASE ANSWER ALL ITEMS DIRECTLY ON THIS SHEET. A. There are special circumstances applicable to the propeny, including size, shape, topography, location or surroundings, the slrid application of this Code deprives such propeny of privileges enjoyed by other propeny in the vicinity and under identical land use district c1assKication; Currently the ordinance will allow for only one double face sign 75 sq. ft. at 25' o.a.h. This size of siqn is not sufficient to orovide adeouate advertising fnr thp tpmmts. Plp"sp t"kp intn r-nn"ir!pr"tinn thp c:.;7P nf c:iiJnc: Ilccn hy thp npiCJhhnT"c nn Q~,...h ~iriCl tn irle'n+ifJ' a sinale occuoant. B. That granting the Variance is necessary for the preservation and enjoyment of a substantial propeny right pessessed by other propeny in the same vicin~y and land use dislrid and denied to the propeny for which the Variance is sought; The neighbors on each side and across the street have siqns much larger than code allows and much hiqher. Our reauest of 25' overall heiaht is consistpnt with ~nr!p. C. That granting the Variance will not be materially detrimental to the public hea~h, safely, or weWare, or injurious to the propeny or improvements in such vicinity and land use district in which the propeny is located; In our opinion the removal of the existina sian that is 40' ovprall heiaht and 220 so. ft. anti tn ;n"t,,]] twn inr!i\lir!""l "i9n" ?S' +,,11 and only 150 sq. ft. of face area each. Will provide for a more appealing and much easier siqn to read. CITY OfF .. IENMRDH:l tENTFW.PRN'I1NClIlERIo'lCO PlAN-4.03 PAGE. 01= 6 (2-90) . ' o o o . 0, That granting the Variance does not const~ute a special /)rivilege inconsistent w~h the Jim~tions upon other properties in the vicinity and land use district in which such property is located; We only wish the same rights that have been granted to our neighbors. E. That granting the Variance does not allow a use or activ~y which is not otherwise expressly authorized by the regulations governing the subject parcel; NO F. That granting the Variance will not be inconsistent w~h the General Plan. We feel that our reauest is to make us more consistent with the r.pnp~~l Pl~n hy plimin~t~ng thp ~ing'p l~~gp ~;~n pyi~t;ng ~nrl installing two smaller more appealing signs. cnYClF''''''~ CEtlT1W.. MNTlNaIlElMCU F'lAN.4.03 PAGE 5 OF 6 (2-90) ATTACHMENT D 0- 0 f' ,~ 1:' r ~ .... ~ , I' :....J I L I ~ ~ ~ .!. 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II N ClTY<:#lWrIlEfWN1>>lO CEfmW.PIWf1'IJ<<IIEl'MCU PLAN-S.ll PAGE 1 OF 1 (4-90)