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HomeMy WebLinkAbout07-03 CC Ordinance I I I ORDINANCE NO. 07.Q3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA AMENDING THE ZONING MAP OF THE CITY OF TEMECULA FROM MEDIUM DENSITY RESIDENTIAL (M) TO PLANNED DEVELOPMENT OVERLAY (PDO-11) AND ADOPTING SECTIONS 17.22.220 THROUGH 17.22.228 INCLUDING THE PDO-11 TEXT AND DEVELOPMENT STANDARDS FOR THE DEVELOPMENT OF 62 SINGLE-FAMILY DETACHED HOMES ON CONDOMINIUM LOTS ON PROPERTY LOCATED AT 29601 MIRA LOMA ROAD, GENERALLY LOCATED AT THE NORTHEAST CORNER OF RANCHO VISTA ROAD AND MIRA LOMA DRIVE (A.P.N. 944.Q60- 006) THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Procedural Findinas. The City Council of the City of Temecula does hereby find, determine and declare that: A. Reza Shera of Pacific Group filed Planning Application No. PA05-0234 on August 8, 2005, in a manner in accord with the City of Temecula General Plan and Development Code. B. The applications for the Project were processed and an environmental review was conducted as required by law, including the California Environmental Quality Act. C. The Planning Commission of the City of Temecula held a duly noticed public hearing on November 15, 2006, to consider the applications for the Project and environmental review, at which time the City staff and interested persons had an opportunity to, and did testify either in support or opposition to this matter. D. Following consideration of the entire record of information received at the public hearings and due consideration of the proposed Project, the Planning Commission adopted Resolution No. 06-62, recommending that the City Council approve a Planned Development Overlay to amend the land use designation from Medium Density Residential (M) to Planned Development Overlay (PDO-11) and adopt Sections 17.22.220 through 17.22.228, including the PDO-11 text and development standards for property located at 29601 Mira Loma Drive, generally located at the northeast corner of Mira Loma Drive and Rancho Vista Road. E. On January 23, 2007, February 27, 2007, and April 10, 2007, the City Council of the City of Temecula held duly noticed public hearings on the Project at R:/Ords 2007/0rds 07-03 I I I which time all persons interested in the Project had the opportunity and did address the City Council on these matters. F. At the conclusion of the City Council hearings and after due consideration of the testimony, the City Council approved PA05-0234 subject to and based upon the findings set forth hereunder. G. All legal preconditions to the adoption of this Ordinance have occurred. H. The City Council, in approving the Planned Development Overlay proposed in Planning Application PA05-0234, hereby makes the following findings: i. The proposed Planned Development Overlay is consistent with the land use designation of the General Plan of the City of Temecula in which the use is located, as shown on the Land Use Map. The site is physically suitable for the type of uses proposed for the project site, and the proposed Planned Development Overlay would further the City's long-term economic development goals. ii. The proposed Planned Development Overlay conforms to the General Plan and the use is in conformance with the goals, policies, programs, and guidelines of the elements of the General Plan. The proposed Planned Development Overlay allows for a use that will provide the diversity of uses desired in the General Plan and will create a balanced community with additional housing opportunities available to the community. Section 2. Environmental Findinas. The City Council hereby makes the following environmental findings and determinations in connection with the approval of the Planned Development Overlay (the "Project"): A. Pursuant to California Environmental Quality Act ("CEQA"), City staff prepared an Initial Study of the potential environmental effects of the approval of the proposed Planned Development Overlay as described in the Initial Study (the "Project"). Based upon the findings contained in that Study, City staff determined that there was no substantial evidence that the Project could have a significant effect on the environment and a Mitigated Negative Declaration and a Mitigation Monitoring Program was prepared. B. Thereafter, City staff provided public notice of the public comment period and of the intent to adopt the Mitigated Negative Declaration as required by law. The public comment period commenced on September 7, 2006 and expired on September 28, 2006. Copies of the documents have been available for public review and inspection at the offices of the Department of Community Development, located at City Hall, 43200 Business Park Drive, Temecula, California 92589. R:/Ords 2007/0rds 07-03 2 I I I C. One written comment was received prior to the public hearing and a response to all of the comments made therein was prepared, submitted to the City Council and incorporated into the administrative record of the proceedings. D. The City Council has reviewed the Mitigated Negative Declaration and all comments received regarding the Mitigated Negative Declaration prior to and at the April 10, 2007 public hearing, and based on the whole record before it, finds that: (1) the Mitigated Negative Declaration was prepared in compliance with CEQA; (2) there is no substantial evidence that the Project will have a significant effect on the environment; and (3) the Mitigated Negative Declaration reflects the independent judgment and analysis of the City Council. E. Based on the findings set forth in the Resolution, the City Council hereby adopts the Mitigated Negative Declaration and the Mitigation Monitoring Plan prepared for the Project. The Director of Community Development is authorized and directed to file a Notice of Determination in accordance with CEQA. Section 3. Adoption of Zone Chanae and Planned Development Overlav Zone. Pursuant to the provisions of Section 17.02.030 of the Temecula Municipal Code, the City Council hereby amends the Official Zoning Map of the City for the property located at 29601 Mira Loma Drive, generally located at the northeast corner of Mira Loma Drive and Rancho Vista Road (as shown on Exhibit A, which exhibit is attached hereto and incorporated herein as though set forth in full) from "Medium Density Residential (M)" to "Planned Development Overlay (PDO-11 )." Additionally, the City Council hereby adds Sections 17.22.220 through 17.22.228, inclusive, to the Temecula Municipal Code as said sections read on Exhibit B, which exhibit is attached hereto and incorporated herein as though set forth in full, as PDO-11 for the for the property located at 29601 Mira Loma Drive, generally located at the northeast corner of Mira Loma Drive and Rancho Vista Road (as shown on Exhibit A, which exhibit is attached hereto and incorporated herein as though set forth in full). Section 4. Severabilitv. If any sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions of this ordinance. The City Council hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph, or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. Section 5. Notice of Adoption. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published as required by law. R:/Ords 2007/0rds 07-03 3 I PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 8th day of May, 2007. Chuck Washington, Mayor ATTEST: [SEAL] I STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 07-03 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of T emecula on the 10th day of April, 2007, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 8th day of May, 2007, by the following vote: AYES: 5 COUNCIL MEMBERS: Comerchero, Edwards, Naggar, Roberts, Washington NOES: 0 COUNCIL MEMBERS: COUNCIL MEMBERS: None ABSENT: 0 None ABSTAIN: 0 COUNCIL MEMBERS: None I LJ . Jones, MMC City Clerk R:/Ords 2007/0rds 07-03 4 EXHIBIT A I I I EXHIBIT B I MIRA LOMA PLANNED DEVELOPMENT OVERLAY TABLE OF CONTENTS 17 .22.220 TITLE................................................................................................................ 1 17.22.222 PURPOSE ........................................................................................................1 17.22.224 RELATIONSHIP WITH THE DEVELOPMENT CODE AND CITYWIDE DESIGN STANDARDS ..................................................................................................1 17.22.226 USE REGULATIONS .......................................................................................1 17.22.228 SUPPLEMENTAL DESIGN AND SETBACK STANDARDS...........................2 17.22.230 PROJECT SETTING ........................................................................................2 A. Setting and Location ............................................................................2 B. Existing Site Conditions ......................................................................3 C. Surrounding Land Uses and Development........................................ 3 17.22.232 ARCHITECTURAL DESIGN GUIDELlNES......~..............................................3 I A. Design Style ..........................................................................................3 B. Articulation of Design Facades ........................................................... 4 C. Streetscape .........................................................................................10 D. Massing and Scale.............................................................................. 1 0 E. Varied Roof Planes............................................................................. 10 F. Garage Location and Design............................................................. 10 G. Walls and Fences................................................................................ 11 H. Lighting................................................................................................ 12 I. Mailbox Design ...................................................................................12 17.22.234 LANDSCAPE DESIGN STANDARDS........................................................... 13 A. Landscape Elements..........................................................................13 B. Entry Monumentation.........................................................................14 C. Private Recreation Area .....................................................................14 I Planned Development Overlay (PDO-11) 3/8/2007 MIRA LOMA I 17.22.220 TITLE Section 17.22.220 through 17.22.234 shall be known as "PDO-11" (Mira Loma Planned Development Overlay District). (Ord ) 17.22.222 PURPOSE The Mira Loma Planned Development Overlay District (PDO-11) is intended to meet the medium density residential criteria contained in the Land Use Element of the General Plan. These requirements are intended to provide regulations for the development of attached and detached residential development including single- family zero lot line, patio homes, duplexes, townhouses, and multi-family garden apartments within the City. 17.22.224 RELATIONSHIP WITH THE DEVELOPMENT CODE AND CITYWIDE DESIGN STANDARDS a) The permitted uses for the Mira Loma Planned Development Overlay District are described in Section 17.22.226. b) Except as modified by the provisions of section 17.22.228 the following rules and regulations shall apply to all planning applications in this area. I 1. The Citywide Design Guidelines that are in effect at the time an application is deemed complete. 2. The approval requirements contained in the Development Code that are in effect at the time the application is deemed complete. 3. Any other relevant rule, regulation or standard that is in effect at the time an application is deemed complete. 17.22.226 USE REGULATIONS The Mira Loma Planned Development Overlay district (PDO-11), located along Mira Loma Drive and Rancho Vista Road, is intended to provide for the development of 62 single-family detached homes on condominium lots on 7.4 acres with a proposed density of 8.4 dulac and a maximum permitted density of 10.0 du/ac. The proposed project is comprised entirely of private residential land uses designed to enhance housing opportunities, consider natural features, incorporate private and common open space, private recreation, and develop a common community theme. The project will provide housing opportunities consistent with the City's General Plan policies in response to local market demands and will provide for a visually pleasing environment through adoption of supplemental performance standards that have been provided to ensure compatibility with the adjacent neighborhoods. I Planned Development Overlay (PD0-11) 3/8/2007 Page 1 of 14 MIRA LOMA I 17.22.228 SUPPLEMENTAL DESIGN AND SETBACK STANDARDS The residential component shall comply with the development standards set forth in Table 17.22.228. The maximum residential density shall be 10 units per gross acre. , .. 0-__. .. . ,- ,-, . ~ '" W_R____ , Table 17.22.228 , Residential Development Standards ! . .... _ ....._.Mir.aLolllll Plallned DeveloPment O"erlayDistrict iIResidentilll[)e.\I~loPll1ent Standard!;. II PDO-11 -- .. ' . IIL(),!)\RE)\_._ .__ . ".-, .. ... .." .~ - ilMinimum nellot area (square feel) ... II 2,400 sq.ft. >0. .... ,_...... ...",.......,^,... .._. ... ,.'.... '. - :IMa)<irn~rn_n~rn_~er 0.f~w"lIin9unils perwoss ~~r~ r 10 -' ilL.OI [)IMENS.IO~S . --." . ~-- . Illv1inirlll1m. a"era9El width .- JI 40ft. -- .. - . 'IMinimurn.lotdElf'lh. . . :1 60ft. :1f.lUIL[)ING SETB)\~I<S .- .. . .' ~.... ----,.--- ![Minimum trollt Xa.rd'.... _ if 5 ft. 'IMinimum.comer!;ide Y'ar~f .. 'I _._,-- 10ft. I jMinimumInlerior si.dt'> yard - C - ---,~ 5 ft. . .. - -~ jMinimum~earY'ard2. I 10ft. .. ... . IMinimumbuilding S"f'arali~n [ 10ft. .IOTHER REQU.I~EMENTS - -. . -,-- ..- r .,'-' ----- 'IMaximum height 25ft. . . .. - - - .. IOpen space r.equired . r 20% [Private open sf'ace/per ~nit .. ,I . 200 sq. ft. - -.------- Notes: 1. Measured from back of curb. 2. Measured frl:lJ11 rear of. building 10 rear. of private open. spa~eeasement 17.22.230 PROJECT SETTING A. Setting and Location The Mira Loma Project is comprised of 7.4 acres located on Mira Loma Drive on the north side of Rancho Vista Road. A conservation channel runs adjacent to the eastern boundary of the project site. Mira Loma Drive is a looped road which borders the project from the northern boundary and continues on the west. I Planned Development Overlay (PDO.11) 3/8/2007 Page 2 of 14 MIRA LOMA I B. Existing Site Conditions The property consists of undeveloped land on the south and a small school (Carden Academy) on the north. The Carden Academy consists of a small asphalt parking lot, five mobile classroom trailers, a play area and several corrugated sheet metal storage sheds. The elevation of the property is lower than surrounding Rancho Vista Road and Mira Loma Drive. C. Surrounding Land Uses and Development A conservation channel runs along the eastern edge of the project. Vail Elementary School is located along the south east portion of the channel. The north east edge is bordered by single family housing (Low-Medium Density). Located on the north and west of the project site are apartment dwellings (Medium Density). I 17.22.232 ARCHITECTURAL DESIGN GUIDELINES A. Design Style I The architecture for the project site shall comply with the City's Municipal Code requirements contained in Section 17.06.070.C (Single Family Detached Residential Developments). The purpose of residential architectural guidelines is to provide guidance for the development of the Mira Loma Project Site. The Planned Development Overlay (PD0-11) 3/8/2007 Page 3 of 14 MIRA LOMA I architectural style for the project has not been finalized therefore these design guidelines detail an eclectic mix of architectural styles. The design criteria and architectural style is not meant to be restrictive, but rather to encourage a higher level of design direction and quality. Site Plan elements that shall be considered to produce a great neighborhood include: . Street trees . Pedestrian connectivity . Variable lot setbacks Architectural elements/concepts that shall be considered to create a quality neighborhood include: . Architecture forward . Varied garage placement . 3600 Architecture . Varied roof heights and pitches . Color palettes and building materials that refiectthe architectural style B. Articulation of Design Facades I The building design shall incorporate 3600 architecture. The use of elements such as overhangs, trellises, and awnings will be used to lend character to the building. Photos and drawings are for illustration only. Architectural elements that add interest and character, such as porches, balconies, and recessed windows shall be provided. High quality materials shall be used to create a look of permanence within the project. Variations in color and material will be used in order to create interest and reduce a monotonous appearance. I Color palettes will be selected per styles. Colors chosen for trim, windows, doors, and architectural elements will complement the siding and material choices. Planned Development Overlay (PD0-11) 3/8/2007 Page 4 of 14 MIRA LOMA I Fixtures and finishes will be selected for their contribution to the overall theme of the development. - - ..,. ..; Photos and drawings are for illustration only. The builder and the architectural style for this project have not been determined. Possible architectural styles include, but are not limited to the following: I . American Farmhouse . Craftsman . Cottage . ItalianatelMediterranean Note: The drawings used to demonstrate a style are meant to be inspirational and not to be construed as a rigid formula for design. I Planned Development Overlay (PD0-11) 3/8/2007 Page 5 of 14 MIRA LOMA I AMERICAN FARMHOUSE I STYLE ELEMENTS: · Simple plan form massing and simple roof design . Porches with simple wood columns . Porches with wood railings . Front to back main gable roof . 12" overhangs . Architectural quality wood or asphalt shingles or smooth fiat concrete tiles . Stucco or blended siding and stucco . Vertical multi-paned windows at front elevations . Carriage style or similar garage doors . White vinyl wrapped aluminum windows . Garage door patterns complimentary to style . Wood window and door trim . White or dark color accent I Planned Development Overlay (PD0-11) 3/8/2007 Page 6 of 14 MIRA LOMA I COTTAGE - - <<>' ~ -' ~~_ _./ - /w / _U, I STYLE ELEMENTS: . Main roof hip or gable with intersecting gable roofs . 0" to 12" overhangs . Architectural quality wood or asphalt shingles or smooth flat concrete tiles . Vertical shaped windows with simple wood trim at front elevation and high visibility areas . Garage door patterns to compliment style . Whites and earth tones . White vinyl wrapped aluminum windows · Entry accents with real or faux stone . Shutters . Dark color accents I trim (shutters) . Garage doors carriage style or similar . Garage door patterns complimentary to style I Planned Development Overlay (PD0-11) 3/8/2007 Page 7 of 14 MIRA LOMA I CRAFTSMAN . 18" to 24" overhangs . Blended siding and stucco . Light earth tone colors . Dark or "interest" color accent I STYLE ELEMENTS: · Simple two story boxed massing with vertical and horizontal breaks . Entry porches · Architectural quality asphalt shingles or flat concrete tiles · Basic gable roof side to side or front to back with cross gables . Arts and crafts style lighting fixtures . Garage doors carriage style or similar · Garage door patterns complimentary to style I Planned Development Overlay (PDO-11) 3/8/2007 Page 8 of 14 MIRA LOMA IT ALlANANTE/MEDITERRANEAN I I I STYLE ELEMENTS: . "S" shaped concrete tiles . 24" overhangs, stucco soffits . Arched top accent window . Tapered round or square simple stucco columns . Shutters . Entry Porch . Mid value saturated colors . Garage doors carriage style or similar . Garage door patterns complimentary to style o Planned Development Overlay (PDO-11) 3/8/2007 Page 9 of 14 MIRA LOMA I C. Streetscape The residential streetscape shall be designed in a manner to create a visually interesting street frontage. A variety of building designs and model types shall be used to avoid a monotonous appearance along the streets cape. Placement of the different models should be varied from contiguous lots and lots directly across from each other. Following are policies to help achieve an attractive and interesting streetscape: a. Minimize the extent to which a garage protrudes from other portions of the house by placing a second story over the garage. b. Vary garage door treatments with different design details or by using a combination of single- and two-door garages. c. Use substantially different fayade designs throughout the development which will include a variety of complementary but contrasting colors, varied entry treatments, varied building heights, and variety of design details and building forms. D. Massing and Scale Box like design shall be avoided by using variations in the building footprint. I The use of a variety of Shapes and forms including architectural projections, such as roof overhangs or stepped facades which provide contrast with vertical walls, and chimneys shall be used to avoid box-like design. Excessive mass and bulk of the roof area shall be broken up into smaller areas that reduce the apparent scale of the house and provide visual interest. This shall be accomplished by varying the height portions of the roof, varying the orientation of the roof, and by using gables, or hip roofs. E. Varied Roof Planes Varying roof formslchanges in roof plane shall be used to minimiZe a flat, repetitious plane. Multiple rooflines can be used to create a visually appealing silhouette and will be considered when the building elevations are visible from a public street. F. Garage Location and Design Garages will not have the primary focus from the street. The yard space and the home should be emphasized. Suggestions for garage placement are as follows: a) Garage Location . Setting the garage back from the face of the house in relationship to reduce the overall visual mass. · Setting the garage back to the middle or rear of the lot. . The use of side entry garages I Planned Development Overlay (PDO-11) 3/8/2007 Page 10 of 14 MIRA LOMA I b) Garage Design . All garage doors shall be carriage style or similar. · Garage doors shall be consistent with the architectural style of the home. The ratio of garage frontage to the width of the house should not be greater than 50%. G. Walls and Fences Decorative walls, yard walls, and fencing should be designed to integrate with the architectural style of the buildings as well as the landscape design. Materials and finishes will complement the project's overall theme. . Fences and walls will be minimized along public and private street right-of- way. . Walls will be stepped to follow the terrain. · Use landscaping to help soften the visual impact of walls. Landscape materials will compliment the project architectural theme. I 1. Fence and Wall Materials and Colors . Stone veneer, masonry, brick, block and wrought iron combination are acceptable. . Wood fence materials should be of the quality to stain. Vinyl fencing is acceptable. · Walls may be covered with stucco. Stone surfaces may remain natural and unpainted. . Vinyl fencing can be used for perimeter and interior conditions. . Wood fences shall be stained to help prevent rotting and weathering. . Materials, colors and textures shall be varied to create interest and relieve visual monotony. I Planned Development Overlay (PD0-11) 3/8/2007 Page 11 of 14 MIRA LOMA I . Barbed wire, wire, electrically charged fences, corrugated metal, chain link and grapestake fencing is prohibited. H. Lighting . Lighting shall be consistent with the Mount Palomar Lighting Ordinance. The lighting should not be so intense that it calls attention to the project site. Timers and sensors shall be used to avoid unnecessary lighting. . Lighting should be low-voltage/high efficiency whenever possible. . Flashing, moving, high intensity or exposed light source type luminaries are not permitted. · Exterior lighting design shall address the issue of security. Parking areas, walkways, and building entrances should be well lit for security and safety. . Exterior lighting should have a variation of fixtures and illumination levels to define the organization of streets, walkways, and community facilities. . Neon and similar types of lighting are prohibited per Mount Palomar Lighting Ordinance. _....~ ,<D I I. Mailbox Design . Pedestrian light poles along sidewalks or pathways shall be between 12' and 15' high . Fixtures will be selected that compliment the architectural styles Common mailboxes shall have enclosures designed similar or complimentary in material and color to the homes within the project. I Planned Development Overlay (PDO-11) 3/8/2007 Page 12 of 14 MIRA LOMA I 17.22.234 LANDSCAPE DESIGN STANDARDS A. Landscape Elements Landscaping of the project shall conform with Section 17.06.060 (Residential Districts, Landscape Standards) of the City's Municipal Code. Landscape plans shall be required as part of the Development Plan for the project and shall include the following: 1. The landscape design of the project consists of a combination of ornamental plant materials and use of drought-tolerant plant materials. 2. Streetscape landscape for the major streets, Mira Loma Drive and Rancho Vista Road shall be planted with minimum 24"box specimen size street trees spaced at 20'-0" o.c. spacing (maximum) with combination of 15 gallon and 5 gallon shrubs and ground cover. Fifteen-gallon hedge shrubs will be spaced to adequately provide fence type screening along the public right-of-way line. Flowering ground cover will be provided to fill any voids in the streetscape landscape. I 3. Project entry at "D" Street shall include project entry wall to match architectural style of the project as well as 48" box specimen trees, minimum size evergreen flowering variety and combination of 15 gallon, 5 gallon, and 1 gallon shrubs in a interesting design pattern to provide visual interest at the entry. 4. Common Area slope shall be provided with landscape with an appropriate trees, shrubs, and ground cover to provide erosion control purpose to meet the requirements of City's Municipal Code. All slope banks greater than or equal to 3:1 shall, at a minimum, be irrigated and landscaped with appropriate plant materials for erosion control and to soften their appearance as follows: 1. One fifteen gallon or larger tree per each six hundred square feet of Slope area; 2. Five gallon or larger shrub for each one hundred square feet of slope area; 3. Appropriate ground cover, minimum spaCing of 12" on center from flat size container. 4. Slope banks in excess of eight feet in vertical height with slopes greater or equal to 2:1 shall also provide one five-gallon or larger tree per each one thousand square feet of slope area in addition to the requirements of subsection of this section. 5. Common front yard landscape shall be developed to provide community landscape theme and landscape character for the project. All common front yards will have automatic irrigation system maintained by the Homeowners Association. Appropriate ornamental and drought tolerant plant materials shall be used as follows: I Planned Development Overlay (PD0-11) 3/8/2007 Page 13 of 14 I I I MIRA LOMA a) One - 24"box specimen street tree per unit and an additional two trees at street corners. b) Five gallon shrubs for building foundation planting and along the fence Line. c) Five gallon shrubs as needed for accent color and mass planting. d) Sodded turf and ground covers as needed. All Common Landscape areas shall be landscaped per the above standards and Maintained by the Homeowners Association for the proposed project. B. Entry Monumentation The project entry and site amenities will complement one another and reflect the overall architectural theme of the project. The use of pilasters, special paving treatments, and landscaping will be used to create an easily identifiable entry way. C. Private Recreation Area The Recreational Center shall be an active use facility to provide a family oriented center including the development of a child tot lot with a special play equipment structure. The center shall include a recreational pool with generous pool activity areas for social functions. A minimum 20 percent of the recreation area shall be landscaped with a combination of trees, shrubs, and ground cover. Planned Development Overlay (PDO-11) 3/8/2007 Page 14 of 14