HomeMy WebLinkAbout2017-03-20 Ordinance 5406161129 jb 0131563 1 February 13, 2017
Ordinance No. 5406
Ordinance of the Council of the City of Palo Alto Amending Palo Alto Municipal Code
(PAMC) Title 18 (Zoning), Chapters 18.04 (Definitions), 18.30(F) ((Automobile
Dealership (AD) Combining District Regulations)), 18.52 (Parking and Loading
Requirements), and 18.54 (Parking Facility Design Standards) Adding Sections
18.40.160 (Replacement Project Required), 18.40.170 (),
and 18.42.140 (Housing Inventory Sites Small Lot Consolidation) and Repealing
Chapter 10.70 (Trip Reduction and Travel Demand)
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Section 18.04.030 (Definitions) of Chapter 18.04 (Definitions) of Title 18 (Zoning)
is amended to read as follows:
18.04.030 Definitions
(a) Throughout this title the following words and phrases shall have the meanings ascribed in
this section.
. . .
(135.5)
target populations, as defined by Section 53260(d) of the California Health and Safety Code, and that is
linked to on or offsite services that assist the supportive housing residents in retaining the housing,
improving his or her health status, and maximizing his or her ability to live and, when possible, work in
the community. Supportive housing shall be considered as a multiplefamily use and only subject to
those restrictions that apply to other multiplefamily uses of the same type in the same zone a
residential use of property and shall be subject only to those restrictions that apply to other dwellings of
the same type in the same zone. Supportive housing programs may use residential care homes wholly
or as a part of their overall facilities.
. . .
(138)
operated under program requirements that call for termination of assistance and recirculation of the
assisted units to another eligible program recipient at some predetermined future point in time, which
shall be no less than six months. Support services may include meals, counseling, and other services, as
well as common areas for residents of the facility. Transitional housing shall be considered a multiple
family use and only subject to those restrictions that apply to other multiple family uses of the same
type in the same zone residential use of property and shall be only subject to those restrictions that
apply to other residential dwellings of the same type in the same zone. Transitional housing programs
may use residential care homes wholly or as part of their overall facilities.
SECTION 2. Section 18.30(F).050 (Site Development Regulations) of Chapter 18.30(F)
((Automobile Dealership (AD) Combining District Regulations)) of Title 18 (Zoning) is amended to read as
follows:
18.30(F).050 Site Development Regulations
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The site development regulations in this Section 18.30(F).050 apply to automobile dealership uses in the
(AD) combining district, in addition to the regulations of the underlying district. Where the regulations of
the underlying district conflict with this Section 18.30(F).050, this section shall control.
(a) Floor Area Ratio
1) The maximum floor area ratio for automobile dealership uses shall be 0.4 to 1.
2) An additional 0.2:1 FAR is permitted exclusively for automobile showroom space, for a
total FAR of 0.6:1. "Automobile showroom space" is that area for the display of new
automobiles, located only on the first floor and excluding all other uses associated with
the automobile dealership including sales office and sale of related merchandise. The
director of planning and community environment is authorized to determine whether
floor area is automobile showroom space, as described above. Floor area used for
automobile showroom space shall not be converted to any other use if the total floor
area devoted to uses other than automobile showroom space would exceed a floor area
ratio of 0.4:1 following the conversion.
3) Notwithstanding Section 18.04.030 (65), the following shall not count toward an
i. Parking facilities for required parking related to service and repair areas shall be
excluded from the calculation of gross floor area as provided in Section
18.52.040(b)(2), however, any enclosed or covered parking in excess of this
requirement shall count toward total gross floor area;
i.ii.Covered area dedicated to queuing of customer vehicles for drop off and pick up
of service vehicles shall be exempt from the calculation of gross floor area; only
one contiguous designated area shall be excluded in a development.
. . .
SECTION 3. Section 18.40.160 (Replacement Project Required) of Chapter 18.40 (General
Standards and Exceptions) of Title 18 (Zoning) is added to read as follows:
18.40.160 Replacement Project or Discretionary Review Required
(a) No permit required under Title 2 (Administrative Code), Title 12 (Public Works and Utilities), or
Title 16 (Building Regulations) shall be issued for demolition of a single family residence or
duplex in the LowDensity Residential District (Chapter 18.10) or Single Family Residential
District (Chapter 18.12), except for deconstruction pursuant to section 16.14.130 or where
building permit plans for a replacement project have been approved. This subsection shall also
apply to demolition of a single family residence or duplex in the Multiple Family Residential
District (Chapter 18.13) when the replacement project does not require discretionary.
(b) No permit required under Title 2 (Administrative Code), Title 12 (Public Works and Utilities), or
Title 16 (Building Regulations) shall be issued for any project requiring discretionary review
under Title 18 or Title 21, unless the application for discretionary review has been approved.
No permit required under Title 2 (Administrative Code), Title 12 (Public Works and Utilities), or Title 16
(Building Regulations) shall be issued, except for tenant improvements or where necessary for health
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and safety purposes (as determined by the ing Official), unless plans for a replacement
project have been approved.
SECTION 4.
Standards and Exceptions) of Title 18 (Zoning) is added to read as follows:
18.40.170
The director shall have the authority to forward projects to City Council for final action in the
circumstances listed below. No action by the Director shall be required, and the appeal process and or
request for hearing process shall not apply to such referred actions.
(a)In the case of projects having multiple entitlements, where one requires City
Council approval, all entitlements may be referred to City Council for final action;
(b)Projects involving leases or agreements for the use of Cityowned property; and
(a)(c)Projects, as deemed appropriate by the director.
SECTION 5. Section 18.42.140 (Housing Inventory Sites Small Lot Consolidation) of Chapter
18.42 (Standard for Special Uses) of Title 18 (Zoning) is added to read as follows:
18.42.140 Housing Inventory Sites Small Lot Consolidation
The following incentives and standards shall apply to sites listed in the 20152023
Housing E Housing Inventory Sites list and identified as small lot,
consolidation opportunity that are merged to form a larger parcel for development of an
100% affordable rental or ownership housing project. For purposes of this section only, a
shall includes mixed use projects containing
ground floor retail and retail like use provided the residential square footage is at least 85% of
.
(a)All projects shall comply with the respective development standards and allowable uses
as specified in the underlying zone district, except as modified below;
(b)For HIS properties not located in the RT 35 or RT 50 zones, the RT 35 development
standards shall apply and development of a mixed use development is not required;
(c)In the case of a conflict between the provisions of this section and the RT development
standards (Chapter V, SOFA 2), this section shall control;
(d)Any HIS property in excess of 10,000 square feet prior to consolidation shall not be
entitled to any of the incentives in this section;
(e)The applicable Housing Inventory Site (HIS) can be merged with both HIS and non
HIS sites;
(f)The housing units shall be deed restricted as 100% affordable housing units for no
less than 30 fewer than 55 years;
(g)Rental units shall be made affordable to households earning no more than 80%
o f the Count Are a Median In co me (AM I) an d ownership un its shall be made
affordable to households earning no more than 120% of AMI;
(h)Application processing shall be prioritized throughout the planning entitlement phase
to the maximum extent feasible;
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(i)All such projects shall be subject to Architectural Review. Site and design review
required in the Code for mixed use projects shall be waived for such projects;
(j)All subdivisions, regardless of the number of parcels created, shall be subject to the
administrative Parcel Map subdivision process; however, maps requiring exceptions as
specified in PAMC 21.32 shall follow the standard review process;
(k)No parking is required Parking requirements for residential units less than 500 sq. ft.
shall be reduced by 50%, regardless of bedroom count;
(l)Guest parking for the residential use, as required by PAMC 18.52.040, shall be reduced
by 30%; fractional amounts shall be rounded down; and
(m)Waiver of planning entitlement fees: Waive all planning application fees except for
direct costs for consultant fees associated with project review. This waiver shall not
include applicable parking in lieu or development impact fees.
SECTION 6. Section 18.52.040 (OffStreet Parking, Loading, and Bicycle Facility
Requirements) of Chapter 18.52 (Parking and Loading Requirements) of Title 18 (Zoning) is amended to
read as follows:
18.52.040 OffStreet Parking, Loading, and Bicycle Facility Requirements
. . .
(c) Tables 1, 2 and 3: Parking, Bicycle, and Loading Requirements
Tables 1 and 2 below outline vehicle and bicycle parking requirements in general and
for Parking Assessment Districts, respectively. Table 3 outlines loading requirements for each
land use. For mixeduse projects, the requirement for each land use shall be applied and
required for the overall project.
. . .
Table 3
Minimum OffStreet Loading Requirements
Use Gross Floor Area Loading Spaces
Required
RESIDENTIAL USES
Singlefamily residential use
Twofamily residential use
Multiplefamily residential use
No requirement established 0
Dormitory, Fraternity/Sorority, or group
housing where meals are provided in
common dining facilities
Housing for the elderly or
other community facility,
where meals are provided in
common dining facilities
0 9,999 sq. ft. 0
10,000 99,999 sq. ft. 1
100,000 sq. ft. or greater 2
HEALTH CARE SERVICES
Hospitals
Convalescent facilities
0 9,999 sq. ft. 0
10,000 99,999 sq. ft. 1
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100,000 199,999 sq. ft. 2
200,000 sq. ft. or greater 3
[Continued on Next Page]
Use Gross Floor Area Loading Spaces
Required
SERVICE USES
Automotive Uses 0 29,999 sq. ft. 1
30,000 69,999 sq. ft. 2
70,000 120,000 sq. ft. 3
Each additional 50,000 sq. ft. over
120,000 sq. ft.
1 additional space
Financial services
Personal services
Administrative office services
0 9,999 sq. ft. 0
10,000 99,999 sq. ft. 1
100,000 199,999 sq. ft. 2
200,000 sq. ft. or greater 3
RETAIL USES
Hotel/Motel/Inn 0 9,999 sq. ft. 0
10,000 99,999 sq. ft. 1
100,000 sq. ft. or greater199,999 sq.
ft.
2
200,000 sq. ft. or greater 3
Retail Services
Eating and Drinking Services
0 4,999 sq. ft.10
5,000 29,999 sq. ft.1
30,000 69,999 sq. ft. 2
70,000 120,000 sq. ft. 3
For each additional 50,000 sq. ft. over
120,000 sq. ft.
1 additional space
OFFICE USES
Medical offices
Professional offices
General business offices
0 9,999 sq. ft. 0
10,000 99,999 sq. ft. 1
100,000 199,999 sq. ft. 2
200,000 sq. ft. or greater 3
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SECTION 7. Section 18.52.050 (Adjustments by the Director) of Chapter 18.52 (Parking and
Loading Requirements) of Title 18 (Zoning) is amended to read as follows:
18.52.050 Adjustments by the Director
Automobile parking requirements prescribed by this chapter may be adjusted by the director in
the following instances and in accord with the prescribed limitations in Table 4, when in his/her opinion
such adjustment will be consistent with the purposes of this chapter, will not create undue impact on
existing or potential uses adjoining the site or in the general vicinity, and will be commensurate with the
reduced parking demand created by the development, including for visitors and accessory facilities
where appropriate. No reductions may be granted that would result in provision of less than ten (10)
spaces on a site. The following are adjustments that apply to developments not located within a parking
assessment district. Adjustments within the parking assessment districts are contained in
Section 18.52.080. The decision of the regarding parking adjustments may be appealed as set forth
in Chapter 18.78 (Appeals).
Table 4
Allowable Parking Adjustments
Purpose of
Adjustment Amount of Adjustment Maximum
Reduction 2a
OnSite Employee
Amenities
Square footage of commercial or industrial uses to be used for an onsite
cafeteria, recreational facility, and/or day care facility, to be provided to
employees or their children and not open to the general public, may be
exempted from the parking requirements
100% of
requirement for on
site employee
amenities
Joint Use (Shared)
Parking Facilities
For any site or sites with multiple uses where the application of this chapter
requires a total of or more than ten (10) spaces, the total number of spaces
otherwise required by application of Table 1 may be reduced when the joint
facility will serve all existing, proposed, and potential uses as effectively and
20% of total spaces
required for the site
Use Gross Floor Area Loading Spaces
Required
MANUFACTURING AND P ROCESSING USES
Warehousing and distribution
Manufacturing
0 4,999 sq. ft. 10
5,000 29,999 sq. ft.1
30,000 69,999 sq. ft. 2
70,000 120,000 sq. ft. 3
For each additional 50,000 sq. ft. over
120,000 sq. ft.
1 additional space
Research and development 0 9,999 sq. ft. 0
10,000 99,999 sq. ft. 1
100,000 199,999 sq. ft. 2
200,000 sq. ft. or greater 3
OTHER USES
All uses not specifically listed To be determined by the director
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conveniently as would separate parking facilities for each use or site. In
making such a determination, the director shall consider a parking analysis
using criteria developed by the Urban Land Institute (ULI) or similar
methodology to estimate the shared parking characteristics of the proposed
land uses. The analysis shall employ the city's parking ratios as the basis for the
calculation of the base parking requirement and for the determination of
parking requirements for individual land uses. The director may also require
submittal and approval of a TDM program 1to further assure parking
reductions are achieved.
Housing for Seniors
The total number of spaces required may be reduced for housing facilities for
seniors, commensurate with the reduced parking demand created by the
housing facility, including for visitors and accessory facilities, and subject to
submittal and approval of a parking analysis justifying the reduction proposed.
50% of the total
spaces required for
the site
Affordable Housing
Units and Single
Room Occupancy
(SRO) Units
The total number of spaces required may be reduced for affordable housing
and single room occupancy (SRO) units, commensurate with the reduced
parking demand created by the housing facility, including for visitors and
accessory facilities. The reduction shall consider proximity to transit and
support services and the director may require traffic demand management
measures 1 in conjunction with any approval.
a. 40% for
Extremely Low
Income and SRO
Units
b. 30% for Very
Low Income Units
c. 20% for Low
Income Units
Housing Near Transit
Facilities
The total number of spaces required may be reduced for housing located
within a designated Pedestrian/Transit Oriented area or elsewhere in
immediate proximity to public transportation facilities serving a significant
portion of residents, employees, or customers, when such reduction will be
commensurate with the reduced parking demand created by the housing
facility, including for visitors and accessory facilities, and subject to submittal
and approval of a TDM program.1
20% of the total
spaces required for
the site.
Transportation and
Parking Alternatives
Where effective alternatives to automobile access are provided, other than
those listed above, parking requirements may be reduced to an extent
commensurate with the permanence, effectiveness, and the demonstrated
reduction of offstreet parking demand effectuated by such alternative
programs. Examples of such programs may include, but are not limited to,
transportation demand management (TDM) programs or innovative parking
pricing or design solutions.1 (note: landscape reserve requirement is deleted).
20% of the total
spaces required for
the site
Combined Parking
Adjustments
Parking reductions may be granted for any combination of the above
circumstances as prescribed by this chapter, subject to limitations on the
combined total reduction allowed.
a. 30% reduction of
the total parking
demand otherwise
required
b. 40% reduction
for affordable
housing projects
c. 50% reduction
for senior housing
projects
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Modification to Off
Street Loading
Requirements
The director may modify the quantity or dimensions of offstreet loading
requirements for nonresidential development based on existing or proposed
site conditions; availability of alternative means to address loading and
unloading activity; and, upon a finding that: 1) the offstreet loading
requirement may conflict with Comprehensive Plan goals and policies related
to site design planning, circulation and access, or urban design principles; and
2) the use of shared onstreet loading would not conflict with Comprehensive
Plan goals and policies related to site design planning, circulation and access or
urban design principles; maximum reduction in one loading space.
One loading space
may be waived
. . .
2. No parking reductions may be granted that would result in provision of less than ten (10) parking
spaces on a site.
SECTION 8. Section 18.52.080(e) (Modification to OffStreet Loading Requirement) of
Chapter 18.52 (Parking and Loading Requirements) of Title 18 (Zoning) is added to read as follows:
. . .
(e) Modifications to OffStreet Loading Requirements
The director may modify the quantity or dimensions of offstreet loading requirements for
nonresidential development based on existing or proposed site conditions; availability of alternative
means to address loading and unloading activity; and, upon a finding that: 1) the offstreet loading
requirement may conflict with Comprehensive Plan goals and policies related to site design
planning, circulation and access, or urban design principles; maximum reduction is one loading space;
and 2) and the use of shared onstreet loading would not conflict with Comprehensive Plan goals and
policies related to site design planning, circulation and access or urban design principles; maximum
reduction in one loading space.
SECTION 9. Section 18.54.020(b)(4) (Vehicle Parking Facilities) of Chapter 18.54 (Parking
Facility Design Standards) of Title 18 (Zoning) is added to read as follows:
18.54.020(b) OffStreet Parking Stalls
. . .
(4)Mechanical lifts may be used to satisfy offstreet parking requirements, subject to
approval by the director or city council, as applicable, and in accordance with the
following provisions:
A. The regulations in this section apply to mechanical lifts, elevators and turnaround devices
specified for vehicle use, and other mechanical devices that facilitate vehicle parking;
B. Mechanical vehicle lifts may be used for multifamily residential, office, hotel, automotive,
industrial or institutional uses. Other uses may use mechanical vehicle lifts subject to
approval from the Director of Planning and Community Development and may be required
to provide dedicated onsite valet assistance for no fee to the user.
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C. The location of mechanical lifts shall be located within an enclosed parking facility. All lifts
and associated equipment shall be screened from public views and the screening shall be
architecturally compatible with the site conditions;
D. Applicant shall submit an analysis and report, prepared by a qualified professional, for
review and approval by the Director of Planning and Community Environment that
demonstrates the effectiveness of the proposed parking lift system; operational details;
schematic or technical drawings; regular and emergency maintenance schedule, procedures
and backup systems; vehicle queuing, access and retrieval efficiency; and potential impacts,
delays, or inconveniences to all of the following:
i. site residents, workers, and visitors
ii. pedestrian and bicycle movement and safety on and nearby the site
iii. vehicular movement and safety on and nearby the site
E. Mechanical car lifts shall not be used for accessible parking spaces or loading spaces;
F. Mechanical car lifts shall accommodate fullmidsize sport utility vehicles and fullsize cars.
G. For all nonresidential uses, a minimum of two spaces or 10% of the total number of parking
spaces provided, whichever is greater, shall be provided as standard nonmechanical
parking spaces. The required accessible spaces shall not be counted as one of the standard
spaces for this requirement;
H. Additional information, reports and analysis may be required and conditions may be
imposed to ensure the use, operation and function of the lift system is not detrimental to
the public welfare, property, land uses and users of the property, other properties, or the
public right of way, in the general vicinity.
I. The Director shall have authority to adopt regulations to implement this provision.
SECTION 10. Chapter 10.70 (Trip Reduction and Travel Demand) is hereby repealed in its
entirety.
SECTION 11. Section 18.52.030 (i) (Transportation Management Plan) of Chapter 18.52
(Parking and Loading Requirements) of Title 18 (Zoning) is added to read as follows:
(i) Transportation Demand Management Plan
(a) Requirement for TDM Plan: A Transportation Demand Management (TDM) Plan to
reduce and manage the number of singleoccupant motor vehicle trips generated by the
project shall be prepared and submitted by the applicant in the following circumstances:
1. For all projects that generate 100 or more net new weekday (AM or PM peak
hour) or weekend peak hour trips;
2. For all projects claiming a reduction in net new trips due to proximity to public
transit or the implementation of a TDM plan; and
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161129 jb 0131563 10 February 13, 2017
3. For all projects requesting a parking reduction.
(b) The Director shall have the authority to adopt guidelines for preparing TDM plans and
when applicable shall coordinate such guidelines with the Transportation Management
Authority.
SECTION 12. Section 18.52.050 (d)(1) of Chapter 18.52 (Parking and Loading Requirements) of
Title 18 (Zoning) is amended to read as follows:
. . .
(d) Transportation Demand Management (TDM)
(1) A Transportation Demand Management (TDM) program may be (a) proposed by an
applicant, or may be (b) required by the director for any project requesting a reduction in parking
or generating 10050 or more net new weekday (AM or PM peak hour) or weekend peak hour
trips; or (c) may be required as CEQA mitigation for identified potential significant parking
impacts.
(2) Where a Transportation Demand Management (TDM) program is proposed or
required, the TDM program shall outline parking and/or traffic demand measures to be implemented to
reduce parking need and trip generation. The Director shall have the authority to adopt guidelines for
preparing TDM plans. Required mMeasures may include, but are not limited to: participation in the
Transportation Management Authority or similar organization, limiting "assigned" parking to one space
per residential unit, providing for transit passes, parking cashout, enhanced shuttle service (or
contributions to extend or enhance existing shuttle service or to create new shared or public shuttle
service), carsharing, trafficreducing housing, providing priority parking spaces for carpools/vanpools or
"green" vehicles (zero emission vehicles, inherently low emission vehicles, or plugin hybrids, etc.),
vehicle charging stations, additional bicycle parking facilities, or other measures to encourage transit use
or to reduce parking needs. The program shall be proposed to the satisfaction of the director, shall
include proposed performance targets for parking and/or trip reduction and indicate the basis for such
estimates, and shall designate a single entity (property owner, homeowners association, etc.) to
implement the proposed measures.
(3) Monitoring reports shall be submitted to the director two years after building
occupancy and again every three years year thereafter five years after building occupancy,
noting the effectiveness of the proposed measures as compared to the initial performance
targets, and implementing suggestions for modifications if necessary to enhance parking and/or
trip reductions.
(4) Where the monitoring reports indicate that performance measures are not met, the
director may require further program modifications and may impose administrative penalties if
identified deficiencies are not addressed within six months.
. . .
SECTION 13. Any provision of the Palo Alto Municipal Code or appendices thereto inconsistent
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161129 jb 0131563 11 February 13, 2017
with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby
repealed or modified to that extent necessary to effect the provisions of this Ordinance.
SECTION 14. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any
reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby
declares that it would have passed this Ordinance and each and every section, subsection, sentence,
clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the
ordinance would be subsequently declared invalid or unconstitutional.
SECTION 15. The Council finds that the adoption of this ordinance is exempt from the
provisions of the California Environmental Quality Act pursuant to CEQA Guideline sections 15061(b)
and 15301, 15302 and 15305 because it simply provides a comprehensive permitting scheme.
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161129 jb 0131563 12 February 13, 2017
SECTION 16. This ordinance shall not apply to any planning or land use applications deemed
complete as of the effective date of this ordinance.
SECTION 17. This ordinance shall be effective on the thirtyfirst date after the date of its
adoption.
INTRODUCED: February 27, 2017
PASSED: March 20, 2017
AYES: DUBOIS, FILSETH, FINE, HOLMAN, KNISS, KOU, SCHARFF, TANAKA, WOLBACH
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
Senior Deputy City Attorney City Manager
Director of Planning & Community
Environment
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