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Resolution Number CRA 86-12-16-1RESOLUTION NO. CRA 86-12-16-1 ENVIRONMENTAL IMPACT FINDINGS (PRICE CLUB) A RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY MAKING CERTAIN FINDINGS REGARDING THE ENVIRONMENTAL IMPACT OF THE PROPOSED PRICE CLUB AND RETAIL SPACE DEVELOPMENT TO BE DEVELOPED PURSUANT TO A DISPOSITION AND DEVELOPMENT AGREEMENT AND ADOPTING A STATEMENT OF FINDINGS AND OVERRIDING CONSIDERATIONS THEREFOR (PRICE CLUB) 145 WHEREAS, the City Council of the City of San Juan Capistrano, (the "City Council") by Ordinance No. 488 on July 12, 1983, adopted and approved the Redevelopment Plan for the San Juan Capistrano Central Redevelopment Project and amended said Plan by Ordinance No. 509 on May 15, 1984, by Ordinance No. 547 on July 16, 1985, and by Ordinance No. 582 on August 19, 1986 (the "Redevelopment Plan"); and, WHEREAS, the San Juan Capistrano Community Redevelopment Agency, (the "Agency") and the City Council certified a Final Environmental Impact Report for the Redevelopment Plan (the "Original EIR") on July 5, 1983, by Resolution No. 83-7-5-3 and on July 5, 1983, by Resolution No. CRA 83-7-5-2; and, WHEREAS, the Agency (Resolution No. 86-8-5-1) and City Council (Resolution No. 86-8-5-7) on August 5, 1986 certified a Final Focus Environmental Impact Report for the Price Club Development within the Project area (the "Focus EIR"); and, WHEREAS, the Agency proposes the development of a Price Club and retail space within the Project Area by a private developer (the "Developer") and to enter into a Disposition and Development Agreement (the "DDA") therefor; and, WHEREAS, a duly noticed public hearing was held by the Agency and the City Council on November 18, 1986, at which time all interested persons were given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED, by the San Juan Capistrano Community Redevelopment Agency, City of San Juan Capistrano, California, as follows: 1. The Agency hereby certifies the information contained in the Focus EIR has been reviewed and considered by the members of the Agency with respect to the proposed development of the site and the proposed Disposition and Development Agreement. The Agency hereby finds with respect to the proposed development and the adverse environmental impacts detailed in the Focus EIR that: a. the adverse environmental impacts pertaining to development, including all alternatives set forth in have been considered and recognized by the Agency; -1- the proposed the Focus EIR, 146 3. 4. b. based on information set forth in the Focus EIR and in Attachment "A" (attached hereto and incorporated herein by this reference) the Agency finds and determines that measures have been incorporated into the proposed development which mitigate or avoid adverse environmental impacts identified in the Final EIR _ and set forth in Attachment "A'; C. based on information set forth in the Focus EIR and in Attachment "A", the adverse environmental impacts related to traffic, noise, air pollutants and deletion of open space are remaining impacts after mitigation which cannot be entirely mitigated or avoided if the project is implemented; d. that no additional adverse impacts will have a significant effect or result in a substantial or potentially substantial adverse change in the environment as a result of the proposed development. The Agency hereby finds and determines that all significant environmental effects identified in the Focus EIR have been reduced to an acceptable level in that: a. all significant environmental effects that can feasibly be avoided have been eliminated or substantially lessened as determined through the findings set forth in paragraph 2.b. of this Resolution; b. based on the Focus EIR, the documents in the record and upon Section IV of Attachment "A" attached hereto and incorporated herein by this reference, specific economic, social or other considerations make infeasible other project alternatives identified in said Focus EIR; C. based on the Focus EIR and the documents in the record, all remaining, unavoidable significant effects of the proposed development are overridden by the benefits of the project as described in Section V of Attachment "A" and the Agency hereby approves and adopts Section V of Attachment "A" as a Statement of Overriding Considerations for the proposed development. The Agency, as lead agency, hereby authorizes and directs a Notice of Determination be filed with respect to the Focus EIR pertaining to the -2- 147 approval of the proposed Disposition and Development Agreement for the proposed development and all other actions taken in furtherance thereof. PASSED, APPROVED, AND ADOPTED this 16th day Of— December ,1986. A L. HAUSDORFER, CH�IRMAN ATTEST: AG N Y SFj RY STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF SAN JUAN CAPISTRANO ) I, MARY ANN HANOVER, Secretary of the San Juan Capistrano Community Redevelopment Agency, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No. CRA 86-12-16-1. adopted by the Board of Directors of the San Juan Capistrano Community Redevelopment Agency, at a regular meeting thereof held on the 16th day of December , 1986, by the following vote: AYES: Directors Bland, Friess, Schwartze and Chairman Hausdorfer NOES: None ABSENT: Director Buchheim (SEAL) MARY ANN XANOVER, AGENCY SECRETARY -3- 148 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. AFFIDAVIT OF POSTING CITY OF SAN JUAN CAPISTRANO ) MARY ANN HANOVER, being first duly sworn, deposes and says: That she is the duly appointed and qualified Secretary of the San Juan Capistrano Community redevelopment Agency; That in compliance with State laws of the State of California and in further compliance with City Resolution No. CRA 83-12-20-1 and on the 18th day of December , 1986, she caused to be posted: RESOLUTION NO. CRA 86-12-16-1 , being: ENVIRONMENTAL IMPACT FINDINGS (PRICE CLUB) A RESOLUTION OF THE SAN JUAN CAPISTRANO COMMUNITY REDEVELOPMENT AGENCY MAKING CERTAIN FINDINGS REGARDING THE ENVIRONMENTAL IMPACT OF THE PROPOSED PRICE CLUB AND RETAIL SPACE DEVELOPMENT TO BE DEVELOPED PURSUANT TO A DISPOSITION AND DEVELOPMENT AGREEMENT AND ADOPTING A STATEMENT OF FINDINGS AND OVERRIDING CONSIDERATIONS THEREFOR (PRICE CLUB) in three (3) public places in the City of San Juan Capistrano, to wit: City Hall; Old Fire Station Recreation Complex; Orange County Public Library. CHECK LIST RES. NO. CRA k, ✓ Chairman has signed Secretary has signed Agency Seal stamped / All blanks typed in "Absent" "Noes" .r "Abstain" Copies sent to post —3 file ." mail certified Legal Publication ordered to be published (date) No. Printed copies required Remarks 9 MARY MN/jUANOVER, Secretary San Juan Cdpistrano Community Redevelopment Agency -4- 149 Exhibit "A" STATEMENT of FINDINGS STATEMENT of OVERRIDING CONSIDERATIONS 150 STATEMENT OF FINDINGS PRICE CLUB DEVELOPMENT ENVIRONMENTAL IMPACT REPORT I. SIGNIFICANT ENVIRONMENTAL EFFECTS A. LAND USE 1. Implementation of the proposed project will re- quire the following approvals: a) General Plan Amendment; b) Zone change; c) Redevelopment Plan Amendment; d) Approval of the Development Plan; and e) Approval by the Coastal Commission of the Development Plan on the 12.4 acre County Parcel. 2. The proposed project will also require annexation of the 12.4 acre County Parcel into the City; how- ever this is a separate project and as such is subject to a separate environmental review. 3. The proposed project is considered marginally con- sistent with the objectives of these documents: the City's Land Use and Community Design Element, and both the City's and County's Zoning. B. CIRCULATION 1. The proposed project will generate 17,830 average weekday trips when completed, and 23,270 average Saturday trips. At ultimate build -out the project will generate approximately 1,638 weekday p.m. peak hour trips and 240 weekday a.m. peak hour trips. 2. Certain links along Camino Capistrano will operate at LOS E&F without build -out of the areas proposed facilities. C. NOISE 1. Construction activities on-site will result in short-term increases in noise levels adjacent to site access routes and the on-site areas under construction at any given time. 151 2. Motor vehicle noise resulting from the proposed project will constitute a long-term acoustic im- pact in the vicinity. 3. On-site noise impacts from off-site sources could result from ultimate railroad operations and traf- fic volumes using the freeway and Doheny Park Road. D. AIR QUALITY 1. The development of the proposed project will gen- erate exhaust emissions from construction equip- ment and the automobiles of the construction crew, as well as fugitive dust during soil movement. Sensitive receptors near the project site will find these air pollutant emissions a temporary nuisance. 2. The proposed project will generate: 2,763 pounds of carbon monoxide, 294 pounds of hydrocarbons, 342 pounds of NOx, 50 pounds of SOx, and 64 pounds of particulates, daily once completed. E. ARCHAEOLOGY 1. Development of site, may yield sits. F. AESTHETICS the southernmost portion of the sub -surface archaeological depo- 1. Implementation of the proposed project will result in the loss of undeveloped land and the construc- tion of;three commercial buildings, with a parking area which will cover approximately 60 percent of the project site. 2. The proposed project is not consistent with all of the objectives of the City's Community Design Ele- ment. G. WATER SERVICE I. Water mains would have to be installed on-site, as well as to the site. X 5z H. SEWER SERVICE 1. Sewer lines would have to be installed on the site. I. STORM WATER DRAINAGE 1. There have not been any storm drainage facilities incorporated into the project design, which will result in sheet flow across the site once the project is implemented. 2. Portions of the project site are located in the County's Floodplain Two Overlay Zone and the Fed- eral Insurance Rate Map's 100 -year floodplain; site design has not incorporated any flood control measures. J. ELECTRICITY 1. The proposed project will consume approximately 2.73 million kWh per year. Electrical lines would have to be installed on the site. K. NATURAL GAS 1. Implementation of the proposed project will result in the consumption of 7.56 million cu. ft. per year. Gas lines would have to be installed on the site. L. SOLID WASTE DISPOSAL 1. No significant environmental impact. M. POLICE PROTECTION 1. Implementation of the in increased daytime gestion, affecting response times. proposed project will result population and traffic con - emergency and non -emergency 153 N. FIRE PROTECTION 1. Project implementation will result in an increase in the number of incidents responded to by the Department and will contribute to the cumulative need for additional fire protection services. O. HEALTH CARE SERVICES 1. No significant environmental effect. P. TELEPHONE SERVICE 1. The telephone vice demand of this number, a be required. Q. RECREATION company can provide an initial ser - not more than 30 lines. To augment 4-6 month construction period will 1. Project Implementation will result in the loss of a potential open space/recreational area for the community. II. MITIGATION MEASURES INCLUDED IN THE ENVIRONMENTAL IMPACT REPORT A. LAND USE 1. The proposed project shall be required to adhere to all landscaping and architectural standards, and height restrictions of the City's Municipal Code, as well as to either the City's Architec- tural Design Guidelines or the Capistrano Beach Specific Plan/LCP. 2. Implementation of the proposed development plan will require that the entire site is under one jurisdiction, requiring the review and approval of LAFCO. B. CIRCULATION 1. The project sponsor should offer to dedicate suf- ficient right-of-way to accommodate the ultimate improvements of Doheny Park Road adjacent to the site; Doheny Park Road should be improved to ulti- mate full section. 154 2. The main access to the Price Club should be sig- nalized and aligned opposite Camino Capistrano at Doheny Park Road or moved to a point southerly of the proposed main entrance. 3. A stop sign should be installed at each secondary driveway from the site onto Doheny Park Road to control traffic. 4. Secondary driveways should be right turn in and out of the site only. 5. The internal circulation layout and aisle widths should: (1) be consistent with the recommenda- tions included in the internal circulation discus- sion, and (2) be subject to the review and approv- al of the City Engineer. 6. Landscaping and signs should be limited• to 36 inches in height within 25 feet of project drive- ways to maximize sight distances. 7. Street lights and sidewalks should be provided in accordance with City standards. 8. A separate truck access onto the site shall be provided with adequate truck parking while waiting to unload merchandise. 9. The project sponsor may be required as a condition of approval to provide funds for areawide trans- portation improvements. C. NOISE 1. Construction activities should take place only during the days and hours specified by City Ordinance to reduce impacts during more sensitive time periods. Adjacent to occupied residential areas, the construction equipment hours of opera- tion should be restricted to 7:00 a.m. through 6:00 p.m. Monday through Friday and from 8:30 a.m. through 4:40 p.m. on Saturdays. All construction equipment, fixed or mobile, should be equipped with properly operating and maintained mufflers. 2. Stationary equipment should be placed such that emitted noise is directed away from sensitive noise receivers. 155 3. Building setbacks, building design and orientation should be used to reduce intrusive noise levels at each building pad on-site prior to the issuance of building permits. 4. A perimeter wall should be constructed adjacent to the western site boundary to ensure that patrons of the development do not venture onto the ATSSF railroad tracks. This wall would also reduce on- site noise levels if it were at least 6 feet tall. Similar walls should be constructed along the southern and northern boundaries as well, for noise purposes. 5. Final site design should include a truck access route to the truck wells behind each building that places the trucks as far as possible from the ex- isting mobile home park located north of the site (preferably along the southern and western site boundaries). 6. Delivery trucks should be routed to and from the site on Doheny Park Road to reduce impacts to sen- sitive receptors located adjacent to Camino Capis- trano. Delivery trucks queued to off-load prior to 7:00 a.m. should not be allowed to idle while waiting. D. AIR QUALITY 1. SCAQMD Rule 403 will be adhered to, insuring the clean up of construction related dirt on approach routes to the site. 2. Adequate watering techniques shall be employed to partially mitigate the impact of construction gen- erated dust particulates. 3. Building construction shall comply with the energy use guidelines in Title 24 of the California Ad- ministrative Code. E. ARCHAEOLOGY I. An archaeological monitoring program shall be de- veloped for the southernmost 2.5 acres. The area to be monitored should consist of a 66 feet wide transact across the southern boundary of the prop- erty. 1156 2. A program for dealing with cultural remains should be developed in the event that previously unknown resources are discovered during construction. F. AESTHETICS 1. The proposed project shall be consistent with all applicable criteria outlined in the City's Commu- nity Design Element; and all buildings located on the site shall be designed in accordance with the City's Architectural Design Guidelines or the Cap- istrano Beach Specific Plan/LCP. 2. A detailed landscaping plan shall be prepared and approved prior to or concurrent with granting of final architectural approval. Extensive landscap- ing with native materials is recommended along the western boundary. 3. A comprehensive sign plan and comprehensive light- ing plan should be submitted for City approval. 4. C,C,&R's should be reviewed by the City to ensure that site and facility maintenance is provided. 5. All trash enclosures should be architecturally compatible and fully enclosed; and no outside storage or display should be permitted. G. WATER SERVICE 1. The CVWD and the project developer shall enter into an agreement to construct an off-site pipe- line that would meet the fire flow requirements of the proposed development. 2. The construction of the new off-site water facili- ties will be funded by the District's Capital Im- provement charges which must be paid by the devel- oper. 3. Construction of water lines on the project site will be the responsibility of the project develop- er. 4. use of reclaimed waste water where appropriate will be encouraged. 157 H. SEWER SERVICE 1. The project developer will be responsible for a one-time sewer fee of $2,615 per 1500 square feet of floor area. 2. At the time of building permit issuance, the availability of sewer capacity will be verified. I. STORM WATER DRAINAGE 1. The master planned LO1-SO3 facility or a similar facility shall be constructed to drain the project site and tie in to the existing L01 -S02 facility as part of the proposed development. 2. Prior to the issuance of building permits an en- gineer's report should be prepared and submitted to the City Engineer for approval specifying in detail the method of protection, materials to be employed, and the method of maintenance of such protective devices. 3. A water -proof barrier should be placed at the project boundary, in this way, preventing flood waters from flowing into the project site. 4. Building criteria outlined in the County's Zoning Code under the FP -2 Zone shall be adhered to. J. ELECTRICITY 1. All services and facilities built will be in ac- cordance with the Company's policies and extension rules on file with the California Public Utilities Commission and federal regulatory agencies. K. NATURAL GAS 1. All services and facilities built will be in ac- cordance with the Company's policies and extension rules on file with the California Public Utilities Commission and federal regulatory agencies. 2. Easements are required for all gas mains not installed in a public right-of-way. 1.58 L. SOLID WASTE DISPOSAL 1. The project developer shall provide sufficient ac- cess to accommodate the maneuvers of the waste disposal company's trucks. 2. The project developer should coordinate with the Solag Disposal Company in the development of addi- tional design criteria. 3. The project developer should provide trash enclos- ures which are a minimum of five feet wide by ten to twelve feet in length. M. POLICE PROTECTION No mitigation proposed. N. FIRE PROTECTION 1. Fire flows of 1250 9 -P.m. to 5000 g.p.m. will be required depending on the type of construction used. 2. Hydrant spacing shall be 300 feet to 600 feet de- pending on the type of construction. 3. Additional fire protection measures should be con- sidered in the design and construction of the pro- posed development. Such measures may include smoke detectors or automatic fire sprinkler sys- tems in all buildings. O. HEALTH CARE SERVICES No mitigation proposed. P. TELEPHONE SERVICE No mitigation proposed. Q. RECREATION 1. The elimination of on -street parking in order to accommodate bicycle lanes on Doheny Park Road and Camino Capistrano adjacent to the site should be considered. 159 2. The use of lockers and racks to be utilized for bicycle parking should also be considered. III. REMAINING IMPACTS AFTER MITIGATION 1. An increase in traffic volumes on local and re- gional roadways. 2. An increase in noise to the adjacent users. 3. Increased emissions of air pollutants affecting local and regional air quality. 4. Incremental loss of regional and local open space. 5. Consumption of non-renewable resources (building materials) and energy. IV. FINDINGS A. That the mitigation measures and conditions of ap- proval required and incorporated into the project will avoid or substantially lessen the significant environmental effects identified in the areas of land use, circulation, noise, air quality, archaeology, aesthetics, water service, sewer service, storm water drainage, fire and police protection, as well as other utilities and services. B. That the following mitigation measures which have not been included as part of this project will be comple- ted prior to the completion of the proposed project: 1. Planned improvements to Camino Capistrano north of the project; and 2. The extension of Stonehill Drive. C. That certain mitigation measures or alternatives identified in the Final EIR are not feasible for implementation at t}is time due to overriding social, economic, or other considerations with the exception Of Alterntive 4 which in effect is a modification of the current development proposal based on the mitiga- tion recommended in the EIR. 160 I. The No Project Alternative The No Project Alternative assumes no discretion- ary action at this time. This would mean that the City's and County's plans for development of the site would remain unimplemented. As a result of this alternative, none of the impacts identified in this EIR would occur at this time. All the "unavoidable" adverse impacts cited (consumption of non-renewable resources -- building materials -- and energy, increased emissions of air pollu- tants, affecting local and regional air quality, incremental loss of regional and local open space, an increase in traffic volumes on local and re- gional roadways, etc.) would be avoided. Mitiga- tion measures presented throughout this EIR (e.g., flood control recommendations, noise barrier requirements, intersection signalizations, etc.) and improvements proposed as part of the Proposed Development Plan (e.g., landscaping, internal roadways, etc.), would not be necessary. Failure to approve a Development Plan for the project site and transfer of the 12.4 acres of to site to the City of San Juan Capistrano, implies that the property would remain vacant and undevel- oped for an undetermined period of time. Failure to implement the project will result in the con- tinued demand for retail commercial and restaurant uses in the area. This project will help satisfy a portion of the demand for these retail commer- cial and restaurant uses in the area. 2. Alternative Two - Previous Proposals The project site could be developed under one of the previous development proposals for the subject property. Under the development proposal processed through the City in 1978, there were a variety of land uses proposed, including: light industrial, of- fices, restaurants, and financial institutions. The total square footage proposed under this de- velopment scenario was 311,328 square feet. This is 1438 greater than the current project prooposal based on square footage. 16.1 In 1983, Davis Developments proposed the Capis- trano Commerce Center, which was located on the northern ten acres of the project site, entirely within the City of San Juan Capistrano. This development proposal consisted of approximately 219,000 square feet of light industrial, commer- cial, and mini -storage rentals. This is approxi- mately 2,000 square feet more on 12.4 acres less than the current project proposal. Implementation of either the 1978 or the 1983 de- velopment scenarios would result in impacts re- lated to land use considerations, increased traf- fic volumes and air pollution (although not as signficant as the current proposal), potentially greater noise volume, and incompatibilities with land use goals of the City. Furthermore, indus- trial development would likely be a generator of noise, both as point source and highway noise, primarily resulting from truck travel and the loading/unloading of freight. Industrial develop- ment would also not be as financially positive to either the City or the project proponent as the proposed project. And a general commercial use of the site would be economically marginal due to competing market forces in the immediate area and region. 3. Alternative Three - Medium Density Residential The project site could also be developed as a medium density residential community with an average of five dwelling units per acre, yielding a total of 112 units for the entire project site. Implementation of a residential project of this nature, while being more compatible to the mobile home park adjacent to the north of the site, might represent an incompatibility with the existing shopping center adjacent to the south. Implementation of this development scenario would require the same approvals as the current project proposal, including Zone Change, General Plan Amendment, and approval by the Coastal Commission for the development of the 12.4 acre County par- cel. This alternative would not require a Redevel- opment Area Plan as required by the current pro- posal. 162 It is likely that the residential alternative would not result in the impacts to traffic, air quality, and noise as the current development pro- posal. However, any residential uses would be impacted by the commercial development to the south, as well as railroad and freeway noise. 4. Alternative Four - Modified Site Design In effect, this alternative has been developed by incorporating recommended mitigation measures, re- sulting from the environmental concerns presented in Section IV of the EIR. This alternative re- sults in some modification to the proposed devel- opment plan. This alternative does not attempt to prioritize the significance of each environmental impact or whether there are any overriding considerations which would balance the project's benefits against unavoidable impacts. One of the difficulties in presenting an alterna- tive of this nature is that mitigation of one im- pact may result in the creation of another impact. For example, by providing an additional access on- to the project site to be used exclusively by de- livery trucks, fewer parking spaces would be pr- ovided. The discussion of this alternative is approached from the perspective of a preliminary development plan which mitigates each environmental topic (which is applicable at this level of planning) to a major extent with the exception of the "No Proj- ect" alternative. Architectural considerations are not included. Land Use The following comments are in response to various City and County policies, goals, and objectives. Additional landscaping and berming on the islands along Doheny Park Road is encouraged to create a visual screen of the proposed development. In ad- dition, where the development plan varies from one tree per 12 to 16 spaces, this alternative would increase the number of trees, providing one tree per eight spaces. In addition to providing more 163 of a visual buffer this would also provide summer shading and windbreaks. To encourage pedestrian access, a special paving treatment would be utilized at major pedestrian crossings. The 75,000 square foot large retail outlet would be moved closer to the southern boundary to create a more clustered appearance with the smaller re- tail and restaurant uses and would also give the impression of varied setbacks. Circulation The main access to the Price Club is aligned oppo- site Camino Capistrano at Doheny Park Road or at some point southerly of where this access is loca- ted at the Proposed Development Plan; this access is signalized in this alternative. An exclusive delivery truck access is provided along the south- ern boundary, south of the clustered retail and restaurant uses. Noise Perimeter walls are incorporated into the site de- sign along the southern and western boundaries to lessen noise impacts and for safety reasons along the western boundary adjacent to the AT&SF rail line. Aesthetics As noted previously, additional landscaping is in- cluded in this alternative. By incorporation of the mitigation recommended in the EIR the Proposed Development Plan would be modified to resemble the description of this al- ternative. V. STATEMENT OF OVERRIDING CONSIDERATIONS The City of San Juan Capistrano proposes to approve the project while recognizing that it will have certain un- avoidable adverse impacts as identified in the EIR. L64 Therefore, the City Council# having ered the information contained in ord, makes the following statement erations which have been balanced able adverse impacts in reaching project. reviewed and consid- the EIR and the rec- of overriding consid- against the unavoid- a decision on this The following statements are considerations which war- rant approval of the project and therefore override the above environmental impacts: 1. Project implementation of the proposed development plan would result in development of site which is consistent with both City and County land use plans. 2. Completion of the project will provide an addi- tional 217,110 square feet of retail commercial and restaurant uses in the project area. 3. Implementation of the proposed project with the recommended mitigation for storm water drainage would eliminate the flood hazard potential on the site, as well as some of the adjacent areas. 4. The environmental impacts associated with this project that are not fully mitigated are regional in nature, and the project's cumulative contribu- tion to those impacts is considered minimal and acceptable from a regional perspective. 5. In view of all factors, the project with the rec- ommended mitigation measures represents the best reasonable balance and mix of uses for the project area. 98.20