EDDIE BAZA CALVO RAY TENORIO Governor Lieutenant Governor

The Honorable Judith Won Pat Speaker, Thirty-First Guam Legislature 155 Hesler Place Hagatna, Guam 9691 o

Re: GLUC Zone Change Approval on Lot 5224-3-3, in the Municipality of Barrigada, "R-2" (Multi-Family Dwelling) to "M-1" (Light Industrial) zone; Applicant, Ian Corporation, under Application No. 2011-04

Buenas Yan Hafa Adai Speaker Won Pat:

I am pleased to submit for you and your colleagues the above-referenced zoning documents for the Legislature's consideration. This is pursuant to Title 21, Guam Code Annotated (Real Property), Chapter 61 (Zoning Law), Part 4, Section 61647.

I have APPROVED the Applicant, Ian Corporation, represented by Ignacio F. Santos, request to re-zone from "R-2" (Multi-Family Dwelling) to "M-1" (Light Industrial) zone to allow for warehousing and the sales and rental of construction equipment, on Lot 5224- 3-3, in the Municipality of Barrigada.

I am sure you recognize the public benefits of this endeavor, and respectfully ask your expeditious response.

Attachments

Ricardo J. Bordallo Governor's Complex • Adcl up, Gua m 96910 Tel: (67 1) 472-893 l/6 • Fax: (671) 477 -4826 • \\W\1 .govcrnor.guam.gov GLUC ZONE CHANG.E APPLICATION NO. 201 1-04 !AN CORPORATION C/O FC BENAVENTE, PLANNERS PREPARED ON AUGUST 9, 2011

FROM: "R·2' (MULTl·FAMILY DWELLING} ------=-- -=--~-~~-.-----

TO : ' M·1 " LIGHT INDUSTRIAL

LOT NO: 5224-3-3

BLOCK NO. NIA 8-ri.~" TRACT: NIA A

NAME PLACE: NIA ::::;::::;;;::.:.---~==-= MUNICIPALITY: BARRIGADA I 'PROVED IN WHOLE PF'fiOVED IN PART SCALE: NIA ulSAPPROVEt:

AMENDMENT NO: A93

ZONING MAP NO: F3~7S 35 EDDIE 8 GOVERN

Attachment 1 /".'.:. ~-::, .... / '/ (( . \ ./,/

. 't / •.. •. '-···· ., : ) ~.-._,,•' i l u I I ' ..,,._,,,.. • I

DIPATTAMENTON MINANEHA TANO' (Department of Land Manag,ement) GUBETNAMENTON GUAHAN (Government of Guam)

EDDIE BAZA CALVO MONTE MAFNAS Street Address: Governor Acting Director 590 S. Marine Corps Drive Suite 733 ITC Building RAY TENORIO Tamuning, GU 96913 Li 13 ut_e ~ant Governor

September 12, 2011 OCT O5 2011

Mailing Address: P.O. Box 2950 Memorandum Hagatna, GU 96932 To:

From: Executive Secretary, Guam Land Use Commission Website: http://dlm.guam.gov Subject: GLUC Zone Change Approval from "R-2" (Multi-Family Dwelling)) to "M-1" (Light Industrial) on Lot 5224-3-3, Municipality of Barrigada

Re: Ian Corporation, Application No. 2011-04 E-mail Address: [email protected]

Buef\as Yan Hafa Adai Governor:

Submitted for your consideration and action is Zone Change Application Telephone: 671-649-LAND (5263) 2011-04, affecting Lot 5224-3-3, in the Municipality of Barrigada. The Applicant, Ian Corporation, represented by Ignacio F. Santos, request to re­ zone from "R-2" (Multi-Family Dwelling) to "M-1" (Light Industrial) zone to allow for warehousing and the sales and rental of construction equipment.

Facsimile: Application chronology is as follows: 671-649-5383 • November 4, 201 O - Application officially accepted • November 18, 201 O - Reviewed by the Application Review Committee (ARC) • April 19, 2011 - Public Hearing, Municipality of Barrigada • June 23, 2011 - Guam Land Use Commission (GLUC) Public Hearing (approval of the Zone Change). f

Memorandum to the Governor Zone Change for Ian Corporation -Application No. 2011-04 Lot 5224-3-3, Municipality of Barrigada September 12, 2011 Page 2 of 2

Pursuant to the Guam Code Annotated, Title 21 (Real Property), Chapter 61 (Zoning Law), §61634 (Decision by the Commission), which states, "If the application is approved in whole or in part by the Commission, the same shall be forwarded to the Governor who may approve or disapprove the proposed change in whole or in part", this application is being sent to you for your action.

This Application is being sent to you for decision pursuant to Title 21, GCA, Chapter 61 (Zoning) Section 61634.

Contact Land Planning Division at 649-5263, extension 371, should you have additional questions or need further clarification.

Si Yu'os Ma'ase

afnas Acting xecutiv Secretary, GLUC ~

Attachments: 1 . Amendment No. A- 93, Zoning Map No. F3-67S35 2. Zone Change Application 3. Formal Letter(s) to Mayors for Public Hearing (Dated April 4, 2011 4. Attendance Sheet(s) of Public Hearing (Dated April 19, 2011) 5. Staff Report with Summary of ARC Position Statements 6. GLUC Agenda Notice - PON 7. GLUC Agenda of June 23, 2011 - Disposition 8. GLUC Minutes for June 23, 2011 9. Notice of Action - Findings of Facts • Exhibit A - Affidavit of Publication - Attachment A - Official Memorandum to PON (dated April 4, 2011) - Attachment B - Public Hearing Advertisement (dated April 9,2011) • Exhibit B - Affidavit of Mailing - Attachment A- U.S. Postal Certified Receipts (dated April 7, 2011) - Attachment B - Official Notice of Public Hearing (dated April 4, 2011) EDDIE BAZA CALVO RAY TENORIO Governor Lieutenant Governor

The Honorable Judith Won Pat Speaker, Thirty-First Guam Legislature 155 Hesler Place Hagatna, Guam 9691 o

Re: GLUC Zone Change Approval on Lot 5224-3-3, in the Municipality of Barrigada, "R-2" (Multi-Family Dwelling) to "M-1" (Light Industrial) zone; Applicant, Ian Corporation, under Application No. 2011-04

Buenas Yan Hafa Adai Speaker Won Pat:

I am pleased to submit for you and your colleagues the above-referenced zoning documents for the Legislature's consideration. This is pursuant to Title 21, Guam Code Annotated (Real Property), Chapter 61 (Zoning Law), Part 4, Section 61647.

I have APPROVED the Applicant, Ian Corporation, represented by Ignacio F. Santos, request to re-zone from "R-2" (Multi-Family Dwelling) to "M-1" (Light Industrial) zone to allow for warehousing and the sales and rental of construction equipment, on Lot 5224- 3-3, in the Municipality of Barrigada.

I am sure you recognize the public benefits of this endeavor, and respectfully ask your expeditious response.

Attachments

Ricardo J. Bnrdallo Ciowmor 's Cornpkx • Adelup, Guam 96910 Te l: (671) 472- 8931 /6 • Fax: (671) 477-4826 • \\IVW.govemor.guam .go> D/PfffTAMENTON MINANEH 1 T.ANO' (Department of Land Manag,ement) GUBETNAMENTON GUAHAN (Government of Guam)

EDDIE B. CALVO ANISIA B. TERLAJE Governor of Guam Director Street Address: 590 S. Marine Corps Drive RAY TENORIO ITC Building, Lieutenant Governor of Guam Tamuning, GU 96913

April 4, 2011

Mailing Address: Honorable Jessie B. Palican P.O. Box 2950 Hagatiia, GU 96932 Mayor of Barrigada

[2011-04] Dear Mayor:

Website: htto://dlm.guam.gov The following application has been filed with the Guam Land Use Commission (GLUC) by:

The Applicant, Ian Corporation, represented by FC Benavente, request for a Zone Change from "R-2" (Multi-Family Dwelling) to "M-1 (Light Industrial) E-mail Address: [email protected] zone to allow for warehousing and the sales and rental of construction equipment, on Lot 5224-3-3, in the Municipality of Barrigada, under Application 2011-04.

For any Zone Change requests that may have adverse impact on the public's Telephone: interests, the GLUC is mandated by law to conduct a public hearing in the 671-649-LAND (5263) municipality where the subject lot is located. Accordingly, we would like to schedule a public hearing to be held at the Barrigada C ommunity Center, Tuesday, April 19, 2011 at 6:00 p.m.

Facsimile: Please confirm the time, date and place. 671-649-5383 Si Yu'os Ma'ase, ~~ CARLOS R. UNTALAN Guam Chief Planner

Attachment: Application Packet

Attachment 3 DIPA TTAMENTON MINANEHAN TANO' (Department of Land Manag,ement) GUBETNAMENTON GUAHAN (Government of Guam)

EDDIE B. CALVO ANISIA B. TERLAJE Governor of Guam Director Street Address: 590 S. Marine Corps Drive RAY TENORIO ITC Building, Lieutenant Governor of Guam Tamuning, GU 96913

April 4, 2011 Mailing Address: P.O. Box 2950 Hagatna, GU 96932

[2011-04]

Dear Sir/Madam:

Website: An application has been filed with the Guam Land Use Commission (GLUC) by: http://dlrn.quam.gov The Applicant, Ian Corporation, represented by FC Benavente, request for a Zone Change from "R-2" (Multi-Family Dwelling) to "M-1 (Light Industrial) zone to allow for warehousing and the sales and rental of construction equipment, on Lot 5224-3-3, in the Municipality of Barrigada, under E-mail Address: Application 2011-04. [email protected] For any Zone Change requests, the Guam Land Use Commission is mandated by law to conduct a Public Hearing in the Municipal District where the property is located. Accordingly, a Public Hearing on this application is scheduled to be held:

Telephone: PLACE: Barrigada Community Center 671-649-LAND (5263) DATE: April 19, 2011, Tuesday TIME: 6:00 p.m.

As a property owner identified within 500 feet of this proposed development, we Facsimile: invite you to attend this Public Hearing and participate in the review process and to 671-649-5383 express your opinion on this application. It you are unable to attend the Public Hearing, please submit written comments to our office on or before, April 18, 2011, Monday. Written comments should be addressed to:

Chairman, GLUC or Executive Secretary, GLUC c/o Department of Land Management Land Planning Division P. 0. Box 2950. Hagatna. Cuam 96910

Accordingly, a GLUC Hearing tor this application will be advertised in the Pacific Daily News open ad, Government meeting, and the website.

Attachment B - Affidavit of Mailing ,r •

..,,- .. .

April 4, 2010 Public Hearing Notice for Residents Ian Corporation - Application 2011-04 Page 2 of 2

Should the public hearing be canceled due to unforeseen circumstances beyond our control, please consult with the village mayor's office.

You may review the development application at our office or your Mayor's Office.

Thank you for your interest.

Senseramente, ~~~ CARLOS R. UNTALAN Chief Planner I I I I I APPLICATION FOR I I ZONE CHANGE FROM I "R-2" TO "M-1" I I --- --·------I L()T ti224-J-J I I I I I I

SUBMITTED BY: I FC BENAVENTE, PLAN NERS Attachment 2 SEPTEMB ER 2010 I I I I FC BENAVENTE, PLANNERS Planning, Zoning, Land Development Consulting, Permitting 127 Bejong Street, Barrigada, GU 96913 Tel: 671.988.7911

I September 29, 2010

Mr. Christopher Duenas, Executive Secretary I Guam Land Use Commission Department of Land Management P.O. Box 2950 I Hagatna, Guam 96932 Subject: Zone Change Application For 5224-3-3, from "R-2" to "C" in Barrigada, I Guam Hafa Adai Mr. Duenas,

I On behalf of Ian Corporation, Inc. (ICI), owners of the above referenced property, I am pleased to submit 35 sets of this Zone Change Application for review and approval by the Guam Land Use Commission (GLUC). The a_eQ}icgtio.n..sooks-BLBe approvat,-uf~rZrme-€hangeto allow______. __ I Warehousi_ng.andthe-°Safesand Rental of Construction Equipment. A Conditional Use application is ·-,~,\ being filed separately to allow for Temporary Workforce Housing Facilities on the same property as such facilities can only be situated on "M-1" zoned property as outlined in GLlIG.~e.~9.hJ.tion- I 2009-01. . ----~---··· Backirotind.--""--.,.~~- -· - Ian Construction, Inc. desires to create a showcase facility to display and market products vitally I useful for life safety in the construction industry on Guam. A particular life saving product is the lightweight Shoring and Shielding Systems which ICI is representing locally. ICI will locate its office and sales and marketing facilities, presently located on Route SA in Barrigada, to this more I accessible and central location; and in a more appropriate location for an "M-1" zone, especially with its close proximity to the Guam International Airport.

I Location. Lot 5224-3-3 is a vacant lot fronting Benigno Benavente Street, a fifty foot wide access easement. Benigno Benavente Street intersects with Bello Street, a fifty foot wide access easement. The project I site is located 3 lots north of Bello Street. The lot contains an area of 4,047 square meters ( 43,561 SF) as shown on the attached property map (Exhibit G). Both streets have 2 lanes of asphalt pavement, I with graded shoulders. Both streets and shoulders are well maintained and are in excellent condition. Infrastructure. Water, power, and public sewer for the property are immediately available for connection, and are I located on Benigno Benavente Street. Preliminary field review has not revealed the existence of any threatened or endangered flora and I fauna on the project site. There are no archaeological, historic, or cultural features on site. I I We submit the following justification requirements for this Zone Change application as required by 21 GCA, Chapter 61, Section 61630. a. Compatibility of the proposed project with adjacent and neighborhood developments as they exist;

Response: The proposed warehousing activity for construction equipment sales and rental is compatible with the existing nature of adjacent and neighborhood uses. The property adjacent to the south is presently used as parking for heavy equipment by the owner. The property 2 lots away toward the south, and at the corner, is zoned M-1 and is used by Orion Construction for construction activities and for Temporary Workforce Housing Facilities. The 2 neighboring properties, located immediately adjacent to the rear are zoned M-1; as well as the 5 lots adjacent to them in that rear neighborhood. The property's location along the take-off and landing flight path of the Guam International Airport, within an Air Installation Compatible Use Zone (AICUZ), serves to discourage full use of the existing "R-2" zoning. The Guam International Airport's AICUZ designations nearby, favors land uses more in line with I what is proposed in this M-1 zone change application. We submit that this proposed zone change is not detrimental to the general public and is not incompatible with existing neighborhood developments and regulations as they exist. I

b. Intentions and purpose of the Zone Change request justifying public necessity, public convenience and general welfare. I

Response: There is a "necessity" for the proposed zone change and services to support construction ; growth in the local community as well as the requirements for the ongoing and future military construction buildup projects on Guam. It is necessary for Ian Construction to direct and locate the company's growing facilities toward the most appropriate zoning- "M-1." Creation of additional "M-1" zoned properties is a public necessity at this time of growth activity on I Guam.

The "public convenience" is enhanced by providing immediately available construction life saving equipment on Guam, warehoused locally, and with close proximity to the Guam International Airport for convenience. These features will be provided by the authorized dealer, who can provide follow up service and train workers with a staff fully capable and trained in the use of these products. Shoring and Shielding Equipment Systems are essential safety equipment in civil construction projects on Guam and throughout Micronesia.

The "general welfare" is evident in the availability of new jobs; new public service opportunities created by the "M-1" zone, and a general increase in the revenue tax rolls for Guam. There is not anticipated to be significant negative impacts to the neighboring infrastructure services as the area is already adequately served by water, sewer, communications services, solid waste services, paved roads, and electric power. The presently allowed density in the existing "R-2" zone on this property is 34 units and its use in that direction is discouraged by its proximity to the AICUZ. We submit that the "M-1" zone change and its proposed uses pose less stress in terms of population density, security, infrastructure, and traffic, to the neighborhood and its surroundings. 1

F.C. BENAVENTE, PL\NNERS - 127 Bejong Street, Barrigada, GU 96913 Tel 671.988.7911 Page 2of12 I I

·------. -- · ~--! I [-·---····-·---~-=-·-_A C_Q!llpariso~ Chart J

- --- ·-· ---·· I Zoning Proposed ' What is Allowed Uses Categories "M-1• Zone in Present "R-2H Presently on Zone Site I (Lot 5224-3-3) -· Use Construction Equipment Permitted Uses This lot is ! Sales and Rental; and include Duplexes, presently I Conditional Use For Multi-Family zoned "R-2" Temporary Workforce Dwellings, Hotels, etc. and is vacant All Conditional Uses j Housing Facilities and I allowed only w GLUC undeveloped. I aooroval. Height/Storey 1 Will be within legal Standard Height No buildings I allowance Limitation (SHL) is 30' presently on Standard Storey project site Limitation (SSL) is 3 I I I I Parking Required Parking for Required Parking for No buildings or . proposed Uses, all activities must be uses presently I IEmployees, Storage provided on project site area, Loading/Unloading, and I ADA will be provided Setbacks Greater than F=O', F=lS', R=lO', S=8' No buildings or I R=20', S=8' uses presently I on project site Landscaping Greater than 10% of Not Required for uses No buildings or i I total land area will be in permitted in "A" zone. uses presently I landscaping using local May be required for on project site ! flora Conditional Uses. l Density Northern Aguifer No buildings or I "R-2" uses presently (Area is 1.00 on project site Ii , Acres= .· I W Sewer = 34.84 I 43,561SF) DU (i.e. 43,561sf I l,250sf = 34.84 I I I Minimum Lot size = ' 5,000 sf. I i I

F. C BENAVENTE, PLA NNERS - 127 Bejong Street, Barrigada, GU 96913 Tel 671.988.7911 I Page 3 of 12 We look forward to working with The Department of Land Management and the other agencies tasked to review this application and our eventual presentation before the Guam Land Use Commission. Thank you for your consideration.

Si Yu'os !~'Ase Fe~~~B~en~c~~~t A Duly Authorized Representative Exhibits: I A. Environmental Impact Assessment B. Affidavit of Authorization C. Site Plan D. Existing Zoning Within 1,000' Radius I E. Land Use Within 750' Radius F. Property within 500' Radius G. Property Map I H. Ownership Document I

I

1] ~-

FC. BEN"'> VENTE, PL\NNERS - 127 Bejong Street, Barrigada, GU 96913 Tel 671.988.791 l Page..+ofl2 I I ZONE CHANGE TO: Executive Secretary, Guam Land Use Commission c/o Land Planning Division, Department of Land Management I Government of Guahan, P .0. Box 2950, Hagatna, Guahan 96932 The Undersigned owner(s)/lessee(s) of the following described property hereby request I consideration for a Zone Change. 1. Information on Applicant:

I Name of Applicant: Ian Corporation U.S. Citizen: [X] Yes []No I Mailing Address: P.O. Box 26764. Barrigada, Guam 96921 Telephone No.: Business __(671) 734-3939 Home: I 2. Location, Description and Ownership: I Subdivision Name: NIA Lot(s): Lot 5224-3-3 Block: NIA Tract: NIA

I Lot Area: Acres 1.00 Square Meters 4 047 Square Feet: 43 561 I Village: Barrigada Municipality: Barrigada Registered Owner: Ian Corporation

I Certificate of Title No.: NIA Recorded Document No.: 808406

I 3. Current and Proposed Land Use: I Current Use: Vacant and Undeveloped Zoned: "R-2" Proposed Use: Construction Equipt Rental. Sales & Temp Workforce Housing Proposed Zone: "M-1" I Master Plan Designation: "A" Rural 4. Attached a one page typed, brief and concise justification (letter format explaining the compatibility of the proposed project with adjacent and neighborhood developments as they exist; your intentions and I purpose of the Zone Change request justifying public necessity, public convenience and general welfare in accordance with Guahan Code Annotated 21 GCA, Chapter 61, Section 61630.

I 5. Support Information. The following supporting information shall be attached to this application:

a. 8 112" X 14" map, drawn to scale, showing existing zoning within 1000 feet radius from the I subjectlot's boundaries. ATIACHMENT: Section 61630 (Requirements For Changes) and Section 61638 (Review by Municipal Planning Council is attached for your information and guidance in preparation of your Zone Change Application. For additional requirements, visit the Zoning I Section, Land Planninq Division. I GLUC FORM 02 ·Revised APRIL 2010 Page 1of3 I ZONE CHANGE I 5. Supporting Information (Continuation):

b. All parcels and their uses within 750 feet radius from the subject lot's boundaries. The map I shall also contain: ( 1) Lot number for every parcel(s); I (2) Identify by name and use all existing activities on all parcel(s) through a legend/code reference; (3) All adjacent inclusive and exclusive easements and roads to the property, their widths, and condition of surfaces; I (4) The nearest location of all public utilities to the subject lot; (5) All natural or topographic peculiarities. I c. 8 1/2" X 14" map, drawn to scale, showing all parcels within 500 feet radius of the subject lot's boundaries. Each parcel shall be identified with property lot number. d. The most recent survey map, certified and recorded at the Department of Land Management, I showing the subject property. e. A detailed As-Built Plan of the lot shall include the following: I (1) Total number and types of building; (2) Parcel size in square meters/feet; (3) Layouts of utilities and drainage; (4) Proposed lot coverage of building(s) and accessories in square meters/feet; (5) Approximate gross and net densities allowed on parcel; (6) Feasibility study; (7) Topography; I (8) Existing earth faults and sinkholes; (9) Water courses and lens; (10) Reservation, conservation and historic places; I (11) Total percentage of open spaces exclusive of parking stalls and other man-man features; (12) Percentage of building footprint (PD only); and (13) Compatibility to surrounding uses (PD only).

f. If leased, lease agreement (the assignment of lease and the covenant). g. An initial comprehensive Environmental Impact Assessment (EIA) in accordance with Executive Order 90-10. h. Additional information as required by the Guahan Chief Planner

Submit one set of the Application with all the supporting information listed above. Once the Application is reviewed and accepted, applicant must submit the required number of hard copies (32 sets) of the Application and nine (9) copies of the Application in electronic format (example: in CD format, etc.)

6. Filing Fee: Fifty Dollars ($50.00) filing fee for the first five pages, and $.25 for any additional page, under Public Law 29-02, Chapter V, Part Ill (Fees and Charges Assessed by the Department of Land Management).

GLUC FORM 02 - Revised APRIL 2010 Page 2 of 3 AFFIDAVIT OF MAILING

I, the undersigned do hereby depose and state that:

1. I am an employee of the Department of Land Management, Government of Guam, and I am not an interested party in the above-entitled matter.

2. I have personal knowledge of all the facts herein.

3. I am competent to testify to the matters stated herein and would so testify in any hearing concerning this matter.

4. On April 7, 2011, I certified that a deposit was made with the United States Postal Service, in Hagatfla, Guam, via certified return receipt mail (attached as Attachment A), forty-three (43) sealed envelopes for Application No. 2011-04 (Ian Corporation), with postage fully prepaid, each containing a true copy of the Notice of Public Hearing (attached as Attachment 8) addressed to the following property owners:

Landowners Lot Description Address 1 Mayor of Barrigada Jesse Pelican POB 786 Hagatna GU 96932 2 Lourdes B. Concepcion T1415 B1 L4-R1 POB 20401 GMF Barrigada GU 96921 3 Lind Lin Suda L5224-3-3 POB 10269 Tamuning GU 96931 4 Daniel U. Torres L5224-5-2/ -5-3/ -5-4 3231 San Lucas Way Union City, CA 94587 5 Lulene Ann Concepcion T1415 B1 L4-1 POB 20401 GMF Barrigada GU 96921 6 Orion Construction Corp. L5224-3-2 POB 24348 GMF Barrigada GU 96921 7 Jesus Baptist Church of Guam L5224-5-1 POB 218279 GMF Barrigada GU 96921 8 Rita M. Benavente T1415 B1 L3 & L5 & L6 POB 20401 GMF Barrigada GU 96921 9 Andrea Mesa L5224-3-1-R1 POB 22681 GMF Barrigada GU 96921 10 George K. Lai L5224-4-1 POB 8780 Tamuning GU 96931 11 John M. Benavente T1415 B1 L2 POB 8762 Tamuning GU 96931 12 Carmen Q. Mesa L5224-3-1-1 POB 22681 GMF Barrigada GU 96921 13 Wang Guang Hua T1415 B2 L1-3 POB 10372 Tamuning GU 96931 14 Jupiter Management Corp. L5224-3-R4 POB 11468 Tamuning GU 96931 15 Joseph Edquilane T1411 L2 159 Santa Cruz Ln. Hagatna GU 96910 16 Mildred S. Lujan T1411 L1 POB 8884 Tamuning GU 96931 17 Harrison P. Holland L5224-2-1 NEW-R2NEW-1 POB 24043 GMF Barrigada GU 96921 18 Tan Hang Chieng L5224-1-4 POB 10001 PMB 898, 96950 19 Francisco G. Benavente T1417L4&L6 POB 22344 GMF Barrigada GU 96921 20 Jesus D. Guerrero L5224-2-1 NEW-1 1928 Aspen Ct. Los Banos, CA 93635-5133 21 Bella B. Martinez L5224-1-3 POB 23041 GMF Barrigada GU 96921 22 Kim Kum Soon Lee L5224-2-1 NEW-R2NEW-R4 POB 21075 GMF Barrigada GU 96921

Exhibit 8 r' AFFIDAVIT OF MAILING Page 2 of 3

23 Kalani Norton T1417 L5-R1 PMB 624 1270 N. Marine Corps. Dr. 24 Sunny Plastic Guam Inc. L5224-1-2 POB 8439 Tamuning GU 96931 25 Kim Jae Shim L5224-2-1 NEW-R2NEW-3 POB 9718 Tamuning GU 96931 26 Evelyn B. Limtiaco T1417 L5-1 144 Leon Guerrero Dr.#202 Tumon GU 96913 27 RKM Property Group LLC L5224-1-1 POB 8453 Tamuning GU 96931 28 Lee Kyung Ha L5224-2-1 NEW-R2NEW-2 POB 9718 Tamuning GU 96931 29 Francisco G. Benavente ET AL L5224-2-4NEW-1 POB 22344 GMF Barrigada GU 96921 30 IT & E Overseas Inc. L5224-3-4 POB 24885 GMF Barrigada GU 96921 31 David G. Cepeda T1419 L6 POB 967 Yuba City, CA 95992-0967 32 Chen Chi Hyuan L5228-1-1 NEW-R1 186 Cherry Blossom Ln Latte Heights GU 96912 33 Edward B. Yoo L5228-4-1 NEW-R1-NEW-R1 2144 Gold Hollow Court Gold River, CA 95670-8159 34 Jesusa C. Mendiola T1419 L5 POB 11422 Vigo GU 96929 35 Catherine D. Aquino L5228-1-1 NEW-1 POB 8655 Tamuning 96931 36 MC Paulino Inc. L5228-4-1 NEW-R1-NEW- 312 Pacha Dr. lpan Talofofo GU 96915 1/L5228-3-1 37 Roman G. Cepeda T1419 L4 106 Dago Ct. Liguan Terrace Dededo GU 96929 38 Edward L. Mendiola L5228-2-R1 228 Katsadan Paluma Marianas Terrace Vigo GU 96929 39 Virgilio R. Soriano L5228-R4-R2-R2 POB 25006 GMF Barrigada GU 96921 40 Marilyn C. Gogue T1419 L3 126 Sita Ct. Sinajana GU 96910 41 Philip B. Aquino L5228-2-1 POB 8655 Tamuning GU 96931 42 Ana C. Taitano T1419 L2 POB 14 Hagatna GU 96932 43 Manuel C. Paulino L5228-3-R1 3 Pacha Rd. lpan Talofofo GU 96915

5. The above referenced names and addresses are those of the landowners owning land within five hundred (500) feet of the property for which rezoning is requested, including notice to the Commissioner of the Municipal District concerned.

6. This Affidavit is executed as proof of the compliance with 21 G.C.A §61633. I AFFIDAVIT OF MAILING Page 3 of 3

;<.. IN WITNESS WHEREOF, I hereby affix my signature this ;;2 day of Sepk-vt tµ..- , 2011.

MATTHEW LEON GUERRERO Land Agent SupeNisor

Island of Guam ss: City of Tamuning

Subscribed and sworn to before me thi~ day of ~I{ ,

2011.

TERESITA A.C. TOVES NOTARY PUBLIC ) SEAL ( In and for Guam. U.S.A. My Commission Expires: Aug. 03, 2013 P. O. Box 2950 Hagatna, Guam 96932 Insurance Co""'8ge ProVlded)

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GLUC Form 18 - Public Hearing Attendance Sheet - April 2010 Page 2of2 l DIPATTAMENTON MINANEHA TANO' (Department of Land Manag,ement) GUBETNAMENTON GUAHAN (Government of Guam)

EDDIE BAZA. CALVO CARLOS R. UNTALAN Governor Acting Director Street Address: 590 S. Marine Corps Drive RAY TENORIO Suite 733 ITC Building Lieutenant Governor ~ . - . Tamuning, GU 96913

June 13, 2011

MEMORANDUM

Mailing Address: P.O. Box 2950 TO: Chairman, Guam Land Use Commission Hagatfia, GU 96932 FROM: Guam Chief Planner

SUBJECT: Staff Report - Application No. 2011-04 - Zone Change from "R-2" to "M-1" - Lot 5224-3-3, Municipality of Barrigada Website: httpJ/dlm.quam.gov 1. PURPOSE:

A. Application Summary: The applicant, Ian Corporation, Inc. represented by Mr. Felix Benavente is requesting approval for a Zone E-mail Address: Change of Lot 5224-3-3 Municipality of Barrigada, from "R-2" (Multi­ [email protected] Family Dwelling) to "M-1" (Light Industrial) Zone in order to allow warehousing and the sales and rental of construction equipment.

B. Legal Authority: Sections 61630 to 61638 of Chapter 61 (Zoning Law), Title 21, GCA (Real Property) Telephone: 671-649-LAND (5263)

2. FACTS:

A. Location: The subject lot is fronting Benigno Benavente Street, a fifty Facsimile: foot wide access easement. Benigno Benavente Street intersects with 671-649-5383 Bello Street, a fifty foot wide access easement. See ATTACHMENT 1.

B. Lot Area: 4,047 Square Meters or 43,561 Square Feet.

C. Present Zoning: "R-2" (Multi-Family Dwelling) Zone

D. Field Description: The proposed site is presently vacant with no permanent or temporary structures within its boundaries. The property has been cleared and is currently being used for stockpiling.

E. Masterplan: Undesignated

Attachment 5 Continu~:)n of Memorandum . ) I l ' RE: Staff Report - Application No. 2011-04 - Zone Change Lot 5224-3-3, Municipality of Barrigada GLUC Hearing Date: June 23, 2011 Date of Preparation of Staff Report: June 13, 2011 June 13, 2011 Page 2 of 6

F. Community Design Plan: Conservation-Open Space

G. Previous Commission Action: None.

H. Departmental Action: Approval of Summary Zone Change from "A" to "R-2" Zone on June 24, 1996 under Application No. 96-004.

3. APPLICATION CHRONOLOGICAL FACTS:

A. Date Application Accepted: November 4, 2010

8. Date Heard By ARC: November 18, 2010

C. Public Hearing Results: On April 19, 2011 at 6:02 pm, the Public Hearing was conducted at the Barrigada Community Center., Present were the Applicants' Representative, Mr. Felix Benavente, Mayor, Mr. Jesse Palican, and two members of the Municipal Planning Council.

The Applicant's Representative presented the proposed project as a warehouse and showroom facility to display shoring products that Ian Corporation performs as a Distributor. Mr. Benavente noted that it was a possibility that the owners of the property are considering that a future use of the property may be to house temporary workers, but that they would come back if that plan becomes a reality.

Mr. Benavente stated that the Applicant made an attempt earlier to develop the property into a condominium because of the view, but due to the position of the property being at the edge of the AICUZ area, the property is more suited for light industrial uses that is now proposed under the "M" Zone designation.

Barrigada Municipal Planning Council members expressed concern that there was not enough input by the ARC members. There being no further questions posed or additional comments submitted regarding the application, the public hearing was closed.

On April 18, 2011, an objection letter from the owner of Lot 5224-3-4 was received. The adjacent property owner strongly objects to the zone change from R-2 to M-1 as they feel it would seriously and incurably affect their lot and the landscape in the immediate area. Continuation ~emorandum e RE: Staff Report - Application No. 2011-04 - Zone Change Lot 5224-3-3, Municipality of Barrigada GLUC Hearing Date: June 23, 2011 Date of Preparation of Staff Report: June 13, 2011 June 3, 2011 Page 3 of 6

Justification for the objection included that their decision to purchase the property was based on the premise that the area is predominantly a residential zone. (See ATTACHMENT 2).

4. STAFF ANALYSIS: As proposed by this application, the request is to change the existing "R-2" (Multi-Family Dwelling) zone to "M-1" (Light Industrial) in order to allow warehousing and the sales and rental of construction equipment. In justifying a zone change, the criteria of Public Necessity, Public Convenience and General Welfare must be satisfactorily addressed. Our analysis are as follows:

PUBLIC NECESSITY and CONVENIENCE

The requested zone change to "Light Industrial" is a more prudent zone designation for the area. The fact that the area is in the APZ-1 Zone requires a shift from residential to commercial or industrial uses notwithstanding the fact that residential uses are permitted in the current zone. The surrounding nearby parcels have also been zoned to "Light Industrial" and industrial activities are in operation has not been a detriment to other current residential or competing commercial or industrial uses.

The lot is adjacent to light industrial-zoned properties. There are also, existing commercial/light industrial activities within the area and along the junction of Bello Street and Benigno Benavente Street, which are compatible and support the proposed use of the requested zone change. The development trend shows growth from rural residential to commercial/light industrial uses within the area, and future commercial/light industrial growth is foreseeable as an artery of Bello Street, a primary collector road. This and the existence of adequate infrastructure will accommodate and serve existing or future growth in this area. The proposed warehouse, sales and marketing facilities is considered a light industrial uses on the subject lot would be consistent with current land uses and activities in the immediate area within a range from 100' to 3,000' in the Belo area and along lower Barrigada Heights. The location is central to the Tamuning, Dededo and Yigo areas with large population. It is also in close proximity to the airport, airport industrial park, Harmon Industrial park and other commercial districts. 1 ' -- ) '_) Continuation of Memorandum RE: Staff Report - Application No. 2011-04 - Zone Change Lot 5224-3-3, Municipality of Barrigada GLUC Hearing Date: June 23, 2011 Date of Preparation of Staff Report: June 13, 2011 June 3, 2011 Page 4 of 6

GENERAL WELFARE

The "Health, Safety and General Welfare" issues, in a community's comprehensive Plan divides these categories and mandates the various governmental entities to develop plans to address such factors. For example, the government basically has several "powers" so to speak; the power of taxation, the policing powers, the power of eminent domain and the regulatory power.

In doing so, it defers the specific issues to the specific government entity mandated to oversee the technical review of a proposed plan such as for GEPA/GWA for sewer requirements (a health issue), DPW on access (a safety issue) and so forth, thus ensuring that the overall General Welfare of the community is not compromised.

The Commission is interested and has responsibilities to regulate zoning; and watches out for the "health, safety and welfare" of the community, but from zoning perspective. In the case at hand, the requested light industrial rezoning, is in our opinion, a much suitable zone and location for commercial or industrial uses for the primary reason that the area is overshadowed by the AICUZ zone and in which an APZ-1 factor exist based on the AICUZ study. If rezoned to Light Industrial, such zoning designation would appear to have the least impact on the "Health, Safety and General Welfare that would be more pronounce should a residential community exist.

The land use element considered in our analysis concerns the impact of the AICUZ (Air Installation Compatible Use Zone) generated by aircraft activities utilizing the Guam International Air Terminal. Based on the existing AICUZ, the subject property falls within an area designated as Accident Potential Zone I (APZ I) and Ldn (noise level) of 70-75 decibels. Any type of activity within the surrounding area will be affected by noise levels not conducive to residential use within this area but could be mitigated to a certain extent through appropriate soundproofing. Continuation of Memorandum RE: Staff Report - Application No. 2011-04 - Zone Change Lot 5224-3-3, Municipality of Barrigada GLUC Hearing Date: June 23, 2011 Date of Preparation of Staff Report: June 13, 2011 June 3, 2011 Page 5 of 6

In supporting an industrial or commercial use, we find that the added note to the protection of the general welfare of the public is that the subject lot is near the airport; and that based on recent studies on noise impact in this specific area, residential development is not favorable or suitable within and or near this area which is within an area designated as Accident Potential Zone I.

In the case at hand, the requested light industrial rezoning, is in our opinion, a much suitable zone and location for commercial or industrial uses for the primary reason that the area is overshadowed by the AICUZ zone and in which an APZ-1 factor exist based on the AICUZ study. If rezoned to Light Industrial, such zoning designation would appear to have the least impact on the "Health, Safety and General Welfare that would be more pronounce should a residential community exist.

The properties abut or is adjacent to other properties zoned Light industrial as can be noted in the 1,000' Foot Radius map provided in the Application and as shown at ATTACHMENT 1. Construction is ongoing on those properties recently zone changed to M1; while older "M" zone properties have been operating industrially. The area is developing and growing more in the light industrial use as opposed to residential. In doing so, it defers the specific issues to the specific government entity mandated to oversee the technical review of a proposed plan such as for GEPA/GWA for sewer requirements (a health issue), DPW on access (a safety issue) and so forth, thus ensuring that the overall General Welfare of the community is not compromised.

As such, it is the position of OLM planning Staff that the area is best suited for industrial type uses followed by commercial activities/uses.

We have reviewed the submitted ARC positions and find that there are "No Objections with conditions" for the zone change. We find within the context of the application, justification that the public necessity, convenience and general welfare, supports a positive action on the zone change request. "'Pi·.·.·.'1' Continuation of Memorandum RE: Staff Report - Application No. 2011-04 - Zone Change Lot 5224-3-3, Municipality of Barrigada GLUC Hearing Date: June 23, 2011 Date of Preparation of Staff Report: June 13, 2011 June 3, 2011 Page 6 of 6

5. RECOMMENDATION: Recommend APPROVAL WITHOUT CONDITIONS.

L.&vJvoO

ATTACHMENTS 1. Location Map 2. Letter of Objection -

Case Planner: C. Aguilar

IJEOVERSEAS, INC. P.O. Box 24885 • Barrigada, Guam 96921 • Tel: (671) 646-1785/1821 • Fax: (671) 646-7414

April 15, 2011

Chairman, GLUC c/o Department of Land Management Land Planning Division P. 0. Box 2950 Hagatna, Guam 96910

RE: Request for Zone Change from R-2 to M-1 Applicant: Ian Corporation Lot 5224-3-3 Application 2011-04

Dear Mr. Chairman:

IT&E Overseas, Inc. strongly objects to the referenced request for a zone change. The subject property is abutting our property Lot No. 5224-3-4 and we would be the most impacted by the zone change from R-2 to M-1. Such change would seriously and incurably affect our Lot and the landscape in the immediate area.

Here are some other justifications for our objections:

1. Our decision to purchase our existing property Lot No. 5224-3-4 years ago was based on the premise that the area is predominantly a residential zone. Changing the adjoining property to Ml would gravely derail our future plans to develop our own lot into a beautiful quiet residential neighborhood. 2. Ml zone in an adjoining lot zoned R-2 would create a significant noisy environment that would impact the tranquility of our residential property. 3. An Ml zone typically is not appealing and, in most cases, is quite 'trashy' and 'messy' in appearance consequently extensively devaluing the surrounding R-2 zoned area, and most especially, our adjoining R-2 zoned lot. 4. The road entering our property shares a common roadway with the subject property that may be frequently traversed by potentially heavy equipment and trucks. Not only is this a noise issue, but the presence of heavy equipment vehicles also poses a dangerous situation for pedestrians and especially children in the immediate residential vicinity. 5. Ml zoning would invariably produce hazardous waste that would NOT be conducive to a residential environment.

We sincerely hope you give our objections serious consideration and accordingly reject the referenced application for a zone change.

Respectfully Submitted,

President DIPATTAMENTON MINANEHAN TANO' (Deportment of Land Monog,ement) GUBETNAMENTON GUAHAN {Government of Guam)

EDDIE BAZA. CALVO CARLOS R. UNTALAN Governor Acting Director Street Address: 590 S. Marine Corps Drive RAY TENORIO Suite 733 ITC Building Lieutenant Governor Tamuning, GU 96913

June 13, 2011

MEMORANDUM

Mailing Address: P.O. Box 2950 TO: Guam Land Use Commission (GLUC) Members Hagatiia, GU 96932 FROM: Chairman, Application Review Committee (ARC)

SUBJECT: Summary of Position Statements by ARC Members

Website: http://dlm.quam.gov RE: Zone Change Application No 2011-04-Lot 5224-3-3, Municipality of Barrigada

Listed below are the APPLICATION REVIEW COMMITTEE POSITION STATEMENTS as submitted: E-mail Address: [email protected] PERMANENT VOTING MEMBERS

1. DEPARTMENT OF LAND MANAGEMENT: Recommend APPROVAL WITHOUT CONDITIONS. Telephone: 671-649-LAND (5263) 2. GUAM ENVIRONMENT AL PROTECTION AGENCY No position statement has been received as of Ju+y-13, 2011 . .:i {)1\) 3. DEPARTMENT OF AGRICULTURE No position statement has been received as of J.u!y. 13, 2011. Facsimile: _j \.) tJ 671-649-5383 4. GUAM WATERWORKS AUTHORITY No position statement has been received as of~ 13, 2011 . ...Jv;J 5. GUAM POWER AUTHORITY Guam Power Authority has reviewed the application and submits the following position statement:

A. Comments and Recommendations Concerning GPA requirements: GPA has no objection, however, customer is required to comply with the following pursuant to the National Electric Code, national Electric Safety Code and GPA's Service Rules and Regulations: Continuation of Memorandum RE: Summary of Position Statements by ARC Members - Application 2011-04 - Zone Change July 13, 2011 Page 2 of 4 • Coordinate overhead/underground power requirements with GPA Engineering for new structures. • Maintain minimum clearances as defined by the current edition of the National Electrical Safety Code and National Electric Code. • Maintain adequate clearance between any structures and electric utility easements in accordance with NESC and GPA requirements. • Developer/Owner shall provide necessary electric utility easements to GPA prior to final connection. • Provide scheduling and magnitude of project power demand requirements for new loads. •All relocation costs for GPA's facilities, if necessary, is 100% chargeable to the applicant including but not limited to labor and materials.

2. Primary Distribution overhead and underground line extensions and GPA service connections must adhere to the guidelines outlined in the current issue of GPA's Service Rules and Regulations.

3. A system impact assessment may be required to determine the effect of this facility on GPA's existing power facilities.

4. All costs associated with the modification of GPA facilities shall be chargeable to the customer. This includes relocation costs, new installation costs and any required system upgrades.

B. General Comments GPA has no objection to the request subject to the conditions cited above.

6. DEPARTMENT OF PARKS AND RECREATION Has no objection to the approval of this application for a zone change.

7. DEPARTMENT OF PUBLIC WORKS No position statement has been received as of Jilly 13, 2011. _j Vf\) 8. BUREAU OF STATISTICS AND PLANS: Based on the Bureau's review of the subject application as submitted, the Bureau provides the following comments and/or concerns.

a. The Bureau believes the proposed activity is consistent with existing activities in this particular area. e Continuation of Memorandum RE: Summary of Position Statements by ARC Members - Application 2011-04 - Zone Change June 13, 2011 Page 3 of 4

. BUREAU OF STATISTICS AND PLANS cont'd:

b. According to the AICUZ (Air Installation Compatible Use Zone) study and maps, the area is classified as APZ 1 (Accident Potential Zone), Ldn 70- 75 (day-night average sound level). The AICUZ area represents the environs of an air facility both on and off station, that are impacted by either safety hazards or noise from aircraft operations. APZ 1 , Ldn 70-75 is described as imposing a lessened degree of hazard, but is still strong enough impact to seriously affect residential or populated areas. The area is loud, but more tolerable in soundproofed structures. Industrial and commercial activities would be acceptable, along with agricultural uses.

c. Given that the adjacent property is zoned M-1, the Bureau views the proposed zone change to be consistent with adjacent approved zone.

d. Should the zone change be approved, the Bureau recommends that there are measures to ensure that the property will be landscaped in such a way to provide a buffer between the subject lot and the adjacent lots. This will improve the area in order to be aesthetically pleasing but also help reduce storm water runoff.

e. We recommend that the subject lot be fenced in for the safety of the community and the security of the property.

f. ICI has products vitally useful for life saving in the construction industry such as lightweight shoring and shielding systems. Given that construction activities on Guam are on the rise, technology like this is a benefit.

g. Because the subject property is located above the Northern Lens, we are concerned with the type of construction materials that will be stored within the proposed project area. Steps must be taken to ensure that the Pollution Protection Plan is submitted to Guam Environmental Protection Agency (GEPA) for approval.

In light of the increase of development and need for warehouse activity and innovative construction equipment proposed, the Bureau finds the proposed zone change request to adequately justify public necessity, public convenience and general welfare, and therefore recommends approval. Continua.,), of Memorandum ·· - RE: Summary of Position Statements by ARC Members - Application 2011-04 - Zone Change June 13, 2011 Page 4 of 4

In addition, the Bureau hopes our concerns and recommendations are taken into consideration as the commission reviews this application and makes it final decision.

~~ Carlos R. Untalan Chief Planner

CASE PLANNER: C. Cruz-Aguilar OF STATISTICS AND ..JANS (Bureau of Planning) Government of Guam Edward J.B. Calvo Governor of Guam P.O. Box 2950 Hagatfia, Guam 96932 Raymond S. Tenorio Tel: (671 ) 472-420113 Lieutenant Governor Fax: (671 ) 477-1812

JAN 2 0 2011 MEMORANDUM

To: Chairman, Guam Land Use Commission Time:Depam.· ~~?(~ l andIntl: Manl'Z)""' t 1

Via: Executive Secretary, Department of Land Management t)/- ~ -i..o 0 p.~ ({jt tvd rA. From: Director, Bureau of Statistics and Plans (])(j t{f} ct'. ~ I·7b ··fl '" • ilk Subject: Position Statement on Application No. 2011-04; Lot 5224-3-3, Barrigada; Ian Corporation, Inc. (ICI); Zone Change - R-2 to M-1; Proposed Use: Sales/Rental and Warehousing of construction equipment.

The applicant, being represented by Mr. Felix C. Benavente, is requesting to rezone the subject lot from "R-2" (multi-family residential) to "M-1" (light industrial) in order to allow warehousing and the sale and rental of construction equipment on a 4,047 square meter property. According to the applicant's representative, the applicant desires to create a showcase facility to display and market products vitally useful for life safety in the construction industry on Guam. A particular life saving product is the lightweight shoring and shielding system which ICI is representing locally. ICI proposes to relocate its office and sales and marketing facilities which are presently located on Route BA in Barrigada, to this location which is more accessible and centrally located. The activity will be more appropriately located in an "M-1" zone. The property is adjacent to existing light industrial properties and in close proximity to other industrial zoned properties. Access to the property is via Route 16 onto Bello Street and left on Benigno Benavente Street. The surrounding land uses within the area consists of warehouses, scrap yard, construction storage yard and temporary workforce housing facilities (TWHF). It should be noted that the applicant presented in the package that a conditional use request is being filed separately to allow for TWHF on the same property however, upon official submission, the Bureau will review and comment on the request.

Based on our review of the subject application as submitted, the Bureau provides the following comments and/or concerns.

1 . The Bureau believes the proposed activity is consistent with existing activities in this particular area. According to the AICUZ (Air Installation Compatible Use Zone) study and maps, the area is classified as APZ 1 (Accident Potential Zone), Ldn 70-75 (day-night average sound level). The AICUZ area represents the environs of an air facility both on and off station, that are impacted by either safety hazards or noise from aircraft operations. APZ 1, Ldn 75-80 is described as imposing a lessened degree of hazard, but is still of strong enough impact to seriously affect residential or populated areas. The area is loud, but more tolerable in soundproofed structures. Industrial and commercial activities would be acceptable, along with agricultural uses.

Guam Coastal Management Program++Land Use Planning++Socio·Economic Planning++Planning Information ++Business and Economic Statistics Program ')

2. Given that the adjacent properties westward are zoned M-1, the Bureau views the proposed zone change to be consistent with adjacent approved zone.

3. Should the zone change be approved, the Bureau recommends that there are measures to ensure that the property will be landscaped in such a way to provide a buffer between the subject lot and the adjacent lots. This will improve the area in order to be aesthetically pleasing but also help reduce storm water runoff.

4. We recommend that the subject lot be fenced in for the safety of the community and security of the property.

5. ICI has products vitally useful for life saving in the construction industry such as the lightweight shoring and shielding systems. Given that construction activities on Guam are on the rise, technology like this is a benefit.

6. Because the subject property is located above the Northern Lens, we are concerned with the type of construction materials that will be stored within the proposed project area. Steps must be taken to ensure that the Pollution Protection Plan is submitted to Guam Environmental Protection Agency (GEPA) for approval.

In light of the increase of development and need for warehouse activity and innovative construction equipment proposed, the Bureau finds the proposed zone change request to adequately justify public necessity, public convenience and general welfare, and therefore recommends approval. In addition, the Bureau hopes our concerns and recommendation are taken into consideration as the commission reviews this application and makes its final decision.

THOMAS A. MORRISON Acting

Cc: GEPA Do AG DPW DPR GWA e GUAM POWER AUTHORITY ATURIDAT ILEKTRESEOAT GUAHAN P.O.BOX 2977 • AGANA, GUAM U.S.A. 96932-~

fanuary21,2011 ~~ID MEMORANDUM td" ~r:~ 01 2011

To: Chairman, Guam Land Use Commission Department of Land Ma. n~~,vient Executive Secretary, Guam Land Use Commission Ttme: I-:. ltlpm 1nt1: -~-- dt--o 3--iotl From: General Manager, Guam Power Authority tf'Y\! cA. Subject: Lot 5224-3-3, Municipality ofBarrigada, (Ian Corporation); Zone Change Application to construct warehousing for construction equipment and for temporary workforce housin~ facilities. Application No. 2011-4

Guam Power Authority has reviewed the application described above and submits the following position statement:

A. Comments and Recommendations Concerning GP A requirements:

1. GP A has no objection, however customer is required to comply with the following pursuant to the National Electric Code, National Electric Safety Code and GP A's Service Rules and Regulations: • Coordinate overhead/underground power requirements with GP A Engineering for new structures. • Maintain minimum clearances as defined by the current edition of the National Electrical Safety Code and National Electrical Code. • Maintain adequate clearance between any structures and electric utility easements in accordance with NESC and GP A requirements. • Developer/Owner shall provide necessary electric utility easements to GP A prior to final connection. • Provide scheduling and magnitude of project power demand requirements for new loads. • All relocation costs for GP A's facilities, if necessary, is 100% chargeable to the applicant including but not limited to labor and materials.

2. Primary distribution overhead and underground line extensions and GPA service connections must adhere to the guidelines outlined in the current issue ofGPA's Service Rules and Regulations.

3. A system impact assessment may be required to determine the effect of this facility on GP A's existing power facilities.

4. All costs associated with the modification of GPA facilities shall be chargeable to the customer. This includes relocation costs, new installation costs and any required system upgrades.

B. General Comments GPA has no objection to the request subject to the conditions cited above.

arp/asg/JGA i_-_J~

INFRASTRUCTURE CERTIFICATION FORM

Agency Certifying: Guam Power Authority Applicant: Ion Corporation Location: Lot 5224-3-3, Barrigada Type of Application: Zone Change GLUC/GSPC Application No. 2011-4 Brief Project Description: To construct warehousing for construction equipment and for temporary workforce housing facilities.

For the purposes of this Certification, GOVERNMENT SERVICES, FACILITIES, and INFRASTRUCTURE include, but are not limited to: power lines poles and facilities; water lines, pumps and facilities; sewer and liquid waste disposal; storm water disposal; solid waste disposal; telephone lines and facilities; schools; health facilities; police and fire fighting service and facilities; roads; traffic and street lights; parks and recreational activities.

1. I hereby certify that the required GOVERNMENT SERVICES, FACILITIES and INFRASTRUCTURE are currently AVAILABLE AND IN PLACE to support this project: Yes 0 No [g]

2. If the answer to #1 above is YES, then: I hereby certify that the required GOVERNMENT SERVICES, FACILITIES and INFRASTRUCTURE are currently ADEQUATE to support this project:

Yes 0 No [g]

3. If the required GOVERNMENT SERVICES, FACILITIES and INFRASTRUCTURE currently in place are NOT AVAILABLE or they are AVAILABLE, BUT NOT ADEQUATE, itemize the services, facilities and infrastructure that are needed, the estimated cost thereof and whether funds are currently available and identified to develop such services, facilities and infrastructure:

Services, Facilities and Cost of Upgrades Funds Date Available Funds Infrastructure Needed Available Identified Please see comments below

I hereby certify that the foregoing is true and correct to the best of my knowledge.

Comments: Based on a preliminary inspection of the site, the electrical facilities may require upgrading to meet the demand of the proposed project. A system impact assessment maybe required to determine the effect of this facility on GP A's existing power distribution system. The applicant will be responsible for the cost of any required system upgrade. I rtment of Parks and Recreat: Government of Guam 490 Chalan Palasyo Agana Heights, Guam 96910 Director's Office: (671) 475-6296/7 Facsimile: (671) 477-0997 Parks Division: (671) 475-6288/9 Edward J.B. Calvo Guam Historic Resources Division: (671) 475-6294/5 Governor Facsimile: (671) 477-2822 Peter S. Calvo Acting Director Raymond S. Tenorio Lt. Governor In reply refer to: RC201 l-7650 I llECCimlWJD January 19, 2011 ctr !AN 21 2011

To: Executive Secretary, Guam Land Use Commission ,f ..·d ··. M.. ?"ineepart~rl\11w_: ·- Y.-~~ft'. ·. ~i{n1 From: Director, Department of Parks and Recreation c '/~ . . . ilJ~'

Subject: Position Statement on DLM Application No. 2011-4 Ian Corporation, Inc. Zone CiJ/lf Change from R-2 to M-1, Lot 5224-3-3, Barrigada, Guam I)-&. ft

The application is a Zone Change from" R-1" to "M-1" for Lot 5224-3-3, Barrigada, Guam. We do not object to the approval of this application for a Zone Change.

If you have any questions with regards to our position, please contact our office at 475-6294/95. \jjJ_ ~ Peter S. Calvo l{,z,r Acting

cc: BSP DPW DAWR .PORTS SportSN_o_ t-es- . ------~_G) JI ------~ A Continued from Page 46 determine Guam's men's, ladm and Tonyat637-8412, 6'9-t117, ms:J84 G)JS and r at 565-5135 Of 929-0333. iQ'S 5-1 5-lnp!ayil>J~the ~ . oomotm-0436 . oada oo top o1 the Ourv;eon. Info: S"lfu Monthly fae : $50. Tri-monthly f.ee: w.dnesdoys. liapldO<>: Tuesdffl and 6Hm Amertcu Fedlafl Alsod.tlon ls­ 201 1 season. Into: Ron a! 929-0349, Saa MltMI Clion:ll two mall best ball QOll Jacob at 878-0499 $100. Info: Sensel Shiroma at 687· n.u.doys. lflfo: -..Ch111J111 SelGolf son. lnfd: BiD Reyes at 789-6657 or 8825. Braz.itian jiu Jtt.su and No GI classes 483-7276. Course. Whll8 shirts. sOOw time 5:45 889·6657. JalM:S Jl'I hebtondo At:Hemy offers Mondays lhfough Saturdays on the =x:r=~~= ~ ---L-tl!-30 a.m.1mo: Jim Carter at 4&6-7361 . flylnaHlkl tracrTtionaJKore.antaef:.woodoleam~ second floor of the Corn SuUdlog, ""1IY t""' practlces 6:30 p.m. Tues­ HulAbnallalCIHsocialgameJuro 18 wi!h sessions 5-7:30 p.m. Mondays, AnlQ'ua Classes avaiat»e for children =-~~=~~:~ day and~yattheTryanfootball at Stans 6uam Golf Resort. Shmed. lnflr Lujan at 685· 5828 or uotilAugust tlAll dayo:IMlies,- ­ S>ortoR'(OKaratoonrollmemo~ Borja at 472-96-42 orerM~ a1 trtnabm· <'D Jerard Lujan ?JI 472-6022 or Rich ~oklomartoepac::ll\: . com. ~ themes and creative arts and cnlts. JloJ.::~=::~= forage 7 and older. C1asses are 6:30- ja:ltOomairom. Cotelles.eat483-7276. Power GoH AssodaHon Jooe ace Jtif'le 18 WeeJ\f'f, dally and l'lalf day rates to at Kontenda's Ulxec! Martial Arts & flt­ 7:30 p.llC Mondays, Wednesdays and World Wint Cimo 1<11110 fa kademy of ,0- Guam Eattes Yodl Footllal Association at lsoPatEica Resort Show time 6:45 choose fmm. Info: 647-5437. ness Club, behind the 1TC Solld iflg, Htdays. No regislratioo i.e. Info: San­ G!ram classes tor age 9 aoo above 6- tv isaccept ing r ~istratloolor players, a.m. lnfo: Otha at 48H562. l.... d-~offm ­ Tamuning.lnfo: m-92.SO. sel frank at 476-6152 or637·i713. 8 p.m. Sa1urdays: and Sundays: at the o cheerleada" and coaches fOf its sum­ E-Yoaa GoH ctli ace of themoOffl game rwlics and ballet Classes tor adurt s --5:30-7 p.m."""1dar.>, Spel\ip in Tho Pooro Jlu-jlt· al Youtl'l Football Fede ration season Oub. 6:30 a.m. Jess Sudo ~~Tr~Ci:18~ Mlscellaoeoa Info: Tim Lujan al 685-5828 or email kt-­ at 989-3112 orID--0728. Info: 649-FLIP or ema il is­ hind the ITC SuildlllO. Tamunhg. lnto: su.lnfo:luisat687-4229. Guam Ultlm1te Frlsbt1 Associat1011 [email protected]. Coach Al al 88S- Hafa Mal Gott Assoclaticxl ~At.t of the •llelt divfsions. Gi & No Gi com· Arts Center. !nfo: 482-8860 or ctleck at 565-2531124. ?.eQistef on~e at Qf!Yff.com or oi.Ws· Santa Rita GoK Club ~o f the moou1 pettlbn. Registration Is open June 20- www.hagatnamartia1artscenter.com. TaetwomlO tJuses fOI chMfen and adults Guam Uttlmate Players Assotlatlon has ? OOOSlen:fubO:'QmaR.com. Info: Rich at June 19al Wlnd""'3rd Hills Golf Course 24 at Iha Fokal shop In Haoatna. lnlo: Ktd• Jiu Jltu du:m: with Luis Btaoco 4 5:30-7 p.m. Moodaysand Wedoesdays 483-7276, Dave at 929 -8473 or Gene Show time 7 a.m., tee !lrne 7:30 a.m Steveatm-0044 otTony at687-1140. p.m. Thuisdays and 10:30 a.m. Satur­ at the A~t Community Centtr. Info: :.;!~~~ s at688-n07. lnfo:Fredat687·7528. Guam Taekwomkl ttdrtrat1011 is s&eklng days at Paradi se Fitness Cent er. Elean or Minor at 472-64 67 or 688· son SoftbaJt Rekl on NaYal s~ Guam, 3 Northerll Ftltolls of the Guam NaOOn al The Enolneers, Archilects and SUfVey­ inleresl:ed~alhletestopartic­ Hag~. info: 475-2100/01 or S35- 5'25 next to the swimmir.Q pool. Info: Ema a YouthfoolballfederatklnislOoklng for on: GoY Club "~oflhe Monlh· toor­ lpate in the World Otymplc OuaHfie1 lo 2Hl0/U1 . Taekwondo claues 6·7 p.m. Mondays, [email protected]. loolballptayersandcheer'.eadersages nament on Jooe 19 al SI.arts Guam Goll be held June 30 ID JtJfy 3 in Baku, AJ.ei­ K!ds JTu Jttsudaue:s 4:30p.nt Mondays Wednesdays and Fll:lays at Kootenda's JoM F. Kennedy High School ls look lno 5-14 for the upcoming seaso n. Info· Resort. Show time at 6 am. lnlo: OM­ bai}an. The top three pQces in e.acti ol andWedn&S.days and 9:30a.m. Sarur­ ._,ixed Martial Ar1s & Fitness Club, be­ for professionals toass1S1 indeve.loi>­ the four ~ht for men an d days at Konter.da's Gym, behlnd 1he hind the ITC BUikll~. Tamun!ng. lnfo Eli...ia at 988·7883. Conni? at988-5992 nis Jose at 898--0708. divisions ing table tennis, bowling. water polo, women wiU qualify for the Summe1 !TC Bu fldlng in TamuniflQ. Info: n ?· n7-9280. or Diam at 929-6693 Guam Seniofl GoH Auociation quarter· swlrnmflg am cheerlea.Orig programs. Otympk;:s 2012 In Loodon. Each na­ 9280. T~endo ciasses f-Of age 6 and above. Tam11ni1MJ Eaales atumnl l1om lhe 1970s ~..,_1Y..oot.in0 June 25 at leoPalace Got! JfK IOOkiog tional lederalion can~ a maximum KrDDt:1U11 braie c1uses at the Hai>!Jna Fows on 0000 sj)Oftsman~. disci· Is atso to< alumni to asslsl are invtred 10 piepOfe tor and artend Cou1se. Blue shins. Show tim& 6 a.m. in the developlnffil of a JFK A/omni ttie Eag les Reuni oo 2011 . A kick-off !nto:JlmCarterat48&-7361. IX two mM aoo two women 10 oornpete Martlat An s Center. Kkfs classes lor ""'alldphysbililness.Vvlousprac· Athletic Booster Club. Interested indf. meeting nas been sche duled. Info: 2011 Ni.nan Guam Amatm Gott Cham· tntheq~ier.Partldpantsm ustbe aiJeS 5-8 5:30 to 6:1 5 p.m . Tuesdays lice locatOOs are avaitable !of S-Otlthem vidualsmayinquirewithathletlcdirei;­ Chedl the page for Tamuning Eagles at pioo&lllp July 2-4 at Guam Internation­ born Of! Guam, or meet the 5 year re s­ ana Thursdays and 9 to 9:45 a.m. Sat­ areas with irlsW:.'iof Arlan AQullo. Cen­ facei>oolcom or email detnie3Wto1- al Counlry Club. Open l o amateLJr idercy reQLJiremeot . have a U.S. pass­ urdays; ages 9 and older S:30 10 8:30 traJ aoo' nortt>en a1eaclasses areavail· tor JackHattig Ill. lllfo:Athleticdirec· ma il.com, 9olfers. witll 54 Mies medal play to p()fl and an approved WfF &;eose. Info: p.m. Mondays throu{Jh Thursdays and able. lnfo: EllaoorMinorat472-6467. ior Jack Hanig m at 642-2100 (Vtoit:) 646·1343 or 727-1938. 10 a.m. 10 noon oo Sarurdays. lnlo: faelcwoFMfoMlrtlalAm:Studlo offersba· 787-7557 (Cell) or email jackvam· Capoe-ln elasm by Capoelra Mendlnga 482·8860 or cf'led( w»m.hagatnamar­ sic arid Mllanced latkwo~ classes r,[email protected]. GUAM LAND USE COMMISSION are ongDinQ. Clas ses ara held &-8 p.m. tiaJa rlscenter.com. 101 age 6 and over Mondays, Wednes· Okkodo High sthoo! i~ accep lin 11 t0Ji::ll­ ailondays ar ls l ~nd Girl Power C!u ~· Kyolmshinkaikmletlasses at6:30-8:30 da1•s and Fl!days evcrf hourtrom 3 : Department of land Management mo appiic:alio ri f0r 1he :.)llOl'l1rg sµ;n s:. house in Oedtdo. ?·9 p.m. Tuescavs ~.m . Mc>nctays and Wednesdays aE 1he \Ir.ti! 8 p.rn. at ttie [l;;liy ~1;,:a 8ui!dmg :.:ro$s C1ontry, i.:-0:b2rt.9 ::i •1 ¥.1;1.'0i· arl\1 Thursdaysa1 CK gym at Naval BaSe 8a(fi9ada Comn)u ni1y Ceme1 rr. i! lo.:d1 ~ ott H;srmon Lcz.p Rc·o1 anti ·~+ , ITC Building, Third Floor. Tamuning, GU !tybalt ,•.-;es1fm'J ~iri~ st·,;-.:e.1. tivy-s Guarn. 6-8 p.m. Wedresdays and Fri· ct2sses aiein strLJCted b1Sem;oa1~ :·>J ­ f.J~r.. h Marine Cc.; ps Qri v~ bs~:1t:et• me P.O. Box 2950. Hagatna, Guam 96932 1ol1;-;'.1b'3 ll. l!'lf.:>: .l,; .'qi<1r•1~1 q 'ti~ Gmups aie a... :i~:!b l e fo: ~ r. rli:tr m;,r.u s a1e h2vm9 regisua1ion Im s t?ss ~ r. s f:.· J·!'.lil s. ih ur~ o2n:anc' : 1 · Women ruijb~· players ..r i!! CUHC.11~-· ~.;;. '.":C ouarncap oi0 1r:-r4'.9:nail.CC'.'Tl da~rs . :ntu: Jo .;o-1 Te;iJJe Dr Eli Nar.g.es .0 19 Into: Charles at 734·2098 Contact thl! mayors' offieem t 1eario1 mission 9rappllno tetlm1ques. lnJo · Shooting Room, 590 S. Marine Corps Drive, 3'" Floor, ITC Building, ComOuesl MStcS Kempa Ai'«ijttsu is open Minor 31 472-6467 i.uis 8tancoa1687·4229or6.l9·i 117. Ptactkal sboolinq trolnillQ =rid prastice for student l!nroHment at the Ma rtlal Mixed martial arts ct.sse, for child 1en Ultimate Martial Aris wi!h ins:ruclor Her1- by the Guam ShoolinlJ Sports Federa-­ Tamuning. ScW.Ce lnstitu1e. locaied at !he Otae-­ and aduirs 7:30-9 p.m. Tuesdays and ry W. Herr 5:30-7 p.m. Tu-...sdays and lion 10 a.m. lo 2 p.m. eveiy Sunday ,n do Ptaza t>ehind the 76stationin Thursdays at th e Barri{)iOda commoni­ Thu rsdays and 1()-1 1:30 a.m Satur­ Oeoe· the Chamorro Shooting Range kl Pili oo. Ctasses for3ges 5-9are5:1 5-6:45 ry center. lffio: Gofltact John at \he Sar­ Qaysatthe Tamuniogaym Partcipanl.s 1. Ron Gall. New shOOlers are Info: p.m. Tuesdays and Thufsdays: age 1o riQada mayor's offlcf! at 734·373718. must be aoe 8 or older. Info: Henry at we.lcl:ime. Bert II. Reading and Approval of Minutes: to ad!IO. 6:45-8:45 p.m. Tuesdays and or Instructor Kinny Blas at 482-2629. 9'29-5987 or the mayor's o1fic.e. Silos at 727 ·6660. Thursdays; and aa ages. 2-5 p.m. on Muay Thaf ctuus lor men. women and Undilpldltd MMA Fllltl Clull, Sar1la'1 WllefJ")lo • GLUC Special Meeting of June 9, 2011 Sundays. Info: Tony at637·8412, 632- children Tuesllay and Thursday 6:30-a Belhrl team of Champkn:s &ml Carl­ OPR YHUI CoH Water Polo Team is 1100, 720-£384 or 482-2636. p.m.,Saturday7·9'..30a.m.;.t theTaf. son 6rado Jr. Jlu-jl!!u Acadeiny open - --youth 17 alld undar. Ill. New Business Comlletol MSICS .__;,of­ ent Box. Mond:ay 5:31}6:30 p.m. for 5-6 p.m. Mm•days thro>Jijl> Saturdays Team wlM be coachedltralned by Peter Zone Change ~~ aftef·scMot program f-Ot chft­ women, 'Nednesday 6-7 p.m., 7-3:.30 on ttiesecooelftooroftteDeoedoCen- Linn. Imo: c:ootadTerryot Joeldnat.the dren of 111 ages 2·5 p.m. dally. Info: pm. lor WOIJ\C(I al Guahan Top Tf!alll 1er on Wusstlo Road. Info: 653·74&4, Hao!ffi>poolate Trq>hy one supert> play or a single mistake can Persoro ra

Attachment 6 JPUKl'S

'~-·----·.·.·.~ ..· _Sp~o_rts__ N_o_t_es ______·.:, 'ii ';.d~

A. Continued from Page 30 gad!. on top ol the Ounoeon. Info: Situ ~=~~: :-= 3-Man Pair6all Ptnp TIMITlamellt 2 p.m. arid busine:si Wllh men, coed and sen- ~ Jaci::~B-0499 or tte>rm~etAdvanc>d""""'lnful. ~~~~==: ; tMmt9 and c:reative arts and crafts. ls havioQ open enroHment. for Friday i Weekly, daily and hatfdayri!testo classes 4·7 p.m. and Saturday 12-4 K~-~~f:~~~if:~~:~i Uni;:~, taekwan~o/111,k~ d1un :;15~=:==~ ~~~::~~~~~~ c~ from. lnfo: 647-5437. p.m, at tha Barri1Jad! Youth Center. days at Paradise Fitness Center, wrtti fOCU$ on disclplinl'l and respld Pre-racefets$8pl!rp&rsonorS25for L!z. Into: email tsl8nd TWi1'trs Gymustlcs offm gym­ Info: Charle! at 734-2098. HaQ!tfla. Info: 475-2100/01 or 635- Taekwolldo: Mondays, Tuesctays and group of four. Race-day iee8: $12 per manuka!aWeticclubOqma:H.rom. nasbcs and ballet Classes for adults Comlluelt MSICS KempoAlkijltsll o open 2100{!1. Wednesdays. Hapkldo: Tuesdayi: and person. lnfo:lou a:t475-0390,e.'il.204. $1turny l'lltlnlifttswimsas.sJonsate on- and ciuktren 6 and up. Prtvate sessions for student enroltmem at the Martial KldsJJujttstsclntes4:30 p.m. Mondays Thursdays. Info: MasterChtiuth SekJia 21t11 GUlm.Natlenat Oiln30dtAMtter- UO\no. EadlsesslonWI~ lastfourweieb iii ava.t!aMe. Adult Tae Bo also offerMI. Science !nsti1ute, locat!d at tile Dede­ and Wedoesdaysa:fld9:30a.m. Skarate dulet at tM Hagitl\a Drop-In ~ Is $12 paid to Andy and Guam National Guard Famtly Resdl- Earty~· =1:' ~· 25at FD Pf\oenixCt:nter. Kids, adU!I:$ Thursdays; and aH aoes. 2·5 p.m. on Martiaf Arts Cantl'lr. Kids classes for class runs 90 minutes. Notll that the ness Groups Reotster at Go8m Army outs s 8:30 Ti tW ~,,..,,, - and an belt dtvlskins. GI & No GI com­ Su~. lnfo: Tony at 637-8412, 632- a1Jei 5-8 5:30 to 6:15 p.m. TLMsdays cylas; ispca ppeda"·adat ~~ ~i"nto'"'.T-'~ arid Alr N~al Guard offices or Hor- !he H~fia ::om:.'*~ paUtiofl. Registration ls openthroUQh 1100, 720-8384 Of 482-2636. an.dThursdaysand9to9:45a.m.sat- 00, 5 01 1it: l1I u11~ rnlil net Sports. Info: 36&-2297 or 366- sion: $2. Normal pool operations re-- Jutll!l 24 at the f'okal shop !fl Kagatna. CamOum MSICS Kt!Jmpo AlkJ.fft1$1 ls of· ~~:VSJo=:i::':~~8~ ~t~~~=~ oremailattrlnabor- ~~.!iKSolotftelly Race & main 10 a.m. to pm. Tuesdays-Fri- !nfo: Steve at m-9044 orTonyat687· leMO an after-school prooram for chil­ 2Kfm.. 6 10 a.m.. to noon on Saturdays. Info: WOl1cl Wlag Cho Kn, fl Acadtmy of tty F Rm July 16 at kl U days. Info: 472-871819. dren ol all ~ 2-5 p.m. iW!y. Info: N~ 1140. 482·8860 or Ouam classes for aqe 9 and above Show 5 SwtJnmlfif lHsolU are Ol'l!JOinQ for all Guam TaelcwoaH Feteralioa fs seeking: Tonyat637·S412, 649-1117, 720-8384 check www.hagatnamar- 6- Tumo~ a.m., qo ~.m. 'z: rnte:rtl>ted taekwondo athletes kl parti:­ or482·2636. Halartscent!r.com. ~.~:..~". ~~~,.!futSeu. lndaysnfo·.,f~thata fee Is $7.50 per raw or $15 per relay =~~U:h~~:= rpate mthe World Olympic Qualifll!r to Guilm Kafuhnbo Self·ddeMe Systtma KyoklnlllnbJkamtctusnat6:30-B:30 M<'' Md.I" team. Tank!Dpsforfifsl.500flnishers. ods.lnfo:HiHoof!tnessCenterat646- 00 heldJune30toJuly3 in Baku, Azer· Ken'° K1ra\I modem street combat &~r1~~~~~y~r~iii~ W:=::Cr45B-4915. ~~=a~=~= ~O: 1820, ext~. baijafl. Thetopth!ff places in each of sett-defense/offense. located In Barri- ==~~~~ G11~~e~~,~~~~~ll~ 0An':::!'!'~~ f~:~f-;~ffiQSisterofGuam. SW:W~~~c!~~~ GUAM LAND USE COMMISSION offtee or c~ al 898-1319. wedntsd3ys at the P.c. ltjan Elemen· Onward Mlitgiilo Goff eta 5,500-yard 727-7452. M.trffjl iltl ttnsas at YMa youth center Wy School fleld. lNfo: En~ r~lOya- Fun RuruWalk 6 a.m. Aug. 27 MOn- Table teneil Department of land Management are having rtglstration for sesstoris 6- hoo.com. ward Mal\Qllao Gott Club. into: 734. Stram Urte !I.JI T:abfe: Te:Mil fedemfoa ITC Building, Third Floor. Tamunlng, GU 2~~~n,~~:re~:1?asN:;~ G~~~Tu"11m1~s~ We=:~;5~t:\1°"""'1t ~~s-::i: t~do~Y~~ P.O. Box 2950, Hagatna. Guam 96932 ta at 789-152514798. p.m. TuesdaysandThtJrsda:ySatSamp- Sept 11 at Chamorro Village. Show field house. Info: Hamamoto at 769" Telephone: (671) 64%263, Facslmile: (671) 64%383 Mllot'a: taeiwo116o tlann 5:30-7:30 son Softball Rak1 on Naval Base Guam, tlrm 5 a.m., start time: 6 a.m. Fets; $7 6600. ~a7;i~ueda~m~un1r;1~esr.~n\~ ==7=:~:.:wJl. Into: Eman 6%~~fo$~~ ~1~t~om t~ Gu~~=~;'.~ ~~!~:C: AGENDA Contact the mayors' office or Eleanor JoM f. K&Medy HJgla Sdl:oof Is looking [email protected]. Thursdays at the Guam sports com- Mklor at 472-6467. for professionals to ;mist in develop-. ShooHnf plex \1(m. l11ten1611!1d players ar~ wet- A Regular Meeting of the Guam Land Use Commission Mixtd nwftat arts tiauet for child1en 1nq table tennis, bowlinQ, w-ater poto, Practk:ll stioothlt tralnln!1 and praelk:e come. Info: James .J or Narci James at and adults 7:30-9 p.m. TueWays and sv,timmb'igand cheel1eadlnQ proqrams. by the Guam Shootil'IQ Sports Fedm- 477·9219 or~n-9220. will be held on June 23, 2011, Thursday at 1:30 p.m. at Thursdlysa.t theBaniqadacommuni· JFlPacific Games In r.few Ca.le- Tamuning. 3 0 1 261 ~~,~~~~~-~~~~~~?it fat ~ ;/i:5~~I ~~ 6:~~ ~ck:~ s1o:~a=~~~g~~1~~;Q :t! ~0=1~8:!1 ~hed~ I. Roll Call e.nt Bax. Monday 5<30-·B:30 p.m. for pire007Chotmail.com. ~:i~~~J~~~rfJ: and other r&qufrcmffits. Check GtITT II. Reading and Approval of Minutes: ~ =:t:::ln~o/T~~ o~~rto=:~~~=: lsSSOa.nd ~afrett·shirt."Reo- website at www.quamtennisfede.ra- • GLUC Special Meeting of June 9, 2011 Gym. lnfo:Ktvinat898-9110orgua.m- crosscountry,footbatt,QO!f,gu1s'vol· 1strationlonnsanatGFAheadquarters ~;~~ilsiilry!ra~ muaythalOhotmail.com. leybaR, wrestllflo, girls' soccer, boys' and can also be downloaded at and testing C1Jrrentty Is available from Ill. New Business • Okinawl Sfloria Ryw Shlda Kan ctuns volleybal. Info: Athletic director Dean www.~com. The ca.mp 1ea- a natlonaMy ctrtififtd PTA tester. Info: 3 1 7 5130 ZoneGhan!!e ~~~~Oa·~ ~Ja~· ~[)~~~'. ~~at300- s o{~orsss- ~u,:;:~~-~l= 1f; Rick at tM Nlnete Tennis Center In Monthly lee: $50. Tri-monthly fee: Mod&l alrtrlft ics inciude foot $kllfs, pas!Jng, shoot· Haoatfi,a or call 472·6270. A. Ian Corporation, Inc., Zone Change from "R-2' to $100. Info: Sfinsei Shiroma at 687- Aeromocltle11 Club ot Gu11J1 RC model lfl9, dettoong and goal k~ino. Info: Tennts AudemJolG111m summer youth 2373, 632·2323orcallthe dofo at637· aircrattall"Show·sty1eftymg and free pi- Gadia at 637-4321. tennis camp ts Mving weekly sessloos "M-1' zone to allow warehousing, sales and 3537. !ot training f& Oeglnners avaliab&! 3 B-oy eceT ptaym from the fw aoes 5-16. Registrattoo at Sheraton Ptmibrei Jhi Jitu Academy rs offering p.m. fNefY Sunday at RC field located Mongmonq·Toto-Maltt area interest· tennis COIJrts. Info: Joe Cepeda at 988- rental of construction equipment on Lot 5224-3- Brairllan Jiu j!ti;u and NG GI classes a.cross Abtmdant life Churth ill NCS ed 111 playlnQ tor ullder·8 and undef·10 7 4 79 or Mondays through Saturdays: on the Oededo. Info: Albert at 788-4041 or teams are being sooQtrt. Info: V~or l'IWW.!e~myguam.com. 3, Barrigada [2011-04] second ffoor of the Com Burldin9, emai:l !JUamrcpiiatsOgmarl.com. PauJJno at 777-8834. Track and fietd Zone Variance Allii;iua. Ctasse. available !Of cMdran Patldlil'IO so-cur traRtina lessons at Kontenda's Summer Track au fleli Sarlu No. 2 and adults. lnfo:Steveat667·11300f lmt11Gm1Caooe&Ml!slooklnofofout- Gym behind the !TC BuildilllJ in 2:30 to 6 p.m. July 10 at Guam H!Qh B. BANDBS, Inc., Zone Variance to allow a retail ema~ pl.ltebred~oom.. rigger canoe paddlers of all aqes and Tamuning. lnfo: m-9280. School. Reqister onttne at http://!Jua- Shoria Rt"l ICaratl enrollment is onooiog abilities to learn, train oo Md race out- SotUlaff ma.th!etlcs.sportin9pulse.net or cad store and convenience market (The Ukudu for~ 7 a.f'ld older Classes are 6:30- riggercaooes.fkn, women and youth G11am wtmea'I ~I tast-,ikh soft- m-7185.Events:kids'60metern, 200, 7:30 p.m. Mondays, Wednesdays and crews tralllyear-round,both insklethe NII tnm Uyouts 6-9 p.m June 25 at 1.500.100,800,dlscus,tiamrnerthrow Market) on Lot 14, Tract209, Dededo. [2011-16] Fndays. No retJtStratjon lee, lnfo: Sen- reef and off-shore. Early-momrog and .A.qana He!Qhts field. lnfo: Vicky Quen. and mixed medtey relay. sel Frank at 476-6152 or 637-1713. eveolnq practlces:av

Carlos R. Untalan , Acting Executive Secretary Vacant, Assistant Attorney General

AGENDA - Disposition Regular Meeting Thursday, June 23, 2011, 1 :30 p.m.

Department of Land Management Conference Room 590 S. Marine Corps Dr., Third Floor, ITC Building, Tamuning

I. Notation of Attendance [ x ] Quorum 1:47 p.m. ] No Quorum (Present were: Chairman Jay Lather, Vice Chairman Lawrence Rivera, Commissioners Tricee Limtiaco, Andrew Park and Conchita Bathan, Acting Executive Secretary/Chief Planner Carlos Untalan, OLM Planner Frank Taitano)

II. Reading and Approval of Minutes:

• GLUC Regular Meeting of June 9, 2011 (Minutes were approved subject to correction of minor typographical errors)

Ill. Old or Unfinished Business: (None noted)

IV. New Business

Zone Change

A. The Applicant, Ian Corporation, Inc. (ICI), represented by FC Benavente, request for a Zone Change from "R-2" (Multi-Family Dwelling) to "M-1" (Light Industrial) Zone to allow warehousing, sales and rental of construction equipment on Lot 5224-3-3, in the Municipality of Barrigada, under Application No. 2011-04. Case Planner: Celine Aguilar (Application was approved with no conditions; 5 - ayes; Chairman Lather, Vice Chair Rivera, Commissioners Bathan, Park and Limtiaco)

Zone Variance

B. The Applicant, BANDBS, Inc. , represented by FC Benavente, requests for approval for a Zone Variance to allow a Retail Store and Convenience Market (The Ukudu Market) on Lot 14, Tract 209, in the Municipality of Dededo, in an "R- 1" (Single-Family Dwelling) zone, under Application No. 2011-16. Case Planner: Celine Aguilar (At the request of Mr. Felix Benavente, this application was withdrawn and will be resubmitted as a new application for a Zone Change. There was no objection from the Commission, and it was so ordered by Chairman Lather that the request for withdrawal was accepted)

Attachment 7 GLUC Agenda June 23, 2011 Page2

Tentative Development Plan

C. The Applicant, Tagada Guam LLC, represented by WB Flores & Associates, requests a Tentative Development Plan for a proposed amusement park with rides, food and beverage booths on Lot 5051-2NEW-6NEW, in the Municipality of Tumon, under Application No. 2011-38. Case Planner: Celine Aguilar (Mr. Flores requested for the application to be withdrawn pending additional document needed from one of the ARC agencies; and asked that the application be placed on the next GLUC Agenda for July 28, 2011. It was noted that the Commission had no objection and it was so ordered by Chairman Lather to accept the applicant's request.)

V. Miscellaneous Matters

D. Request for minor amendment to a previously approved Conditional Use on Lot 2129#1-1 REM-1, Municipality of Tamuning. Case Planner: Frank Taitano (It was noted by Chairman Lather that this application should be a "clarification" of a previously approved conditional use rather than a request for minor amendment. Staff's recommendation to approve was passed by the GLUC with following conditions: (A) that a site plan on the present as·built condition and a floor plan [indicating the allocation of the existing building space/area] be submitted the Guam Chief Planner for review and approval; and, (8) that any changes to the structure or changes that increases the intensity and density of activities shall not be allowed unless first submitted to the Commission for review and approval)

E. The Applicants, Joseph J. and Michele S. Leon Guerrero are requesting Permanent Approval of their Interim Conditional Use Approval pursuant to the conditions of the Commission's March 25, 2010 approval to allow a retail outlet with storage on Lot P10.9A-3-16, Municipality of Dededo, under Application No. 2009-61A. Case Planner: Frank Taitano (Request for a permanent conditional use was approved unanimously with the condition that the applicant continues to adhere to those conditions that require continued maintenance and upkeep, such as landscaping, compliance to signage area coverage, cleanliness of the development site and other safety factors such as clearance of site-distance from obstacles, and other environmental and public health related issues. 5- ayes [Chairman Lather, Vice Chair Rivera, Commissioners Bathan, Park and Limtiaco]

VI. Adjournment (There being no further business for discussion, the meeting was adjourned at 2:50 p.m.) bland of Gus m. \.-.-0vernm~nt of Gn1lm Department of L:.tr..d \h ~r.g~rner' ~ om~ rir the Ra.nler 825025 File for Ri;c

Above Space for Recorder's Use only ORiGINAL

GUAM LAND USE COMMISSION REGULAR MEETING MINUTES

Department of Land Management Conference Room, ITC Building, Tamuning

June 23, 2011 1 :47 p.m. to 2:50 p.m.

Attactiment 8 GUAM LAND USE COMMISSION Thursday, June 23, 2011 Regular Meeting

Department of Land Management ITC Building, Tamuning

MEMBERS PRESENT:

Mr. Jay L. Lather, Chairman

Mr. Lawrence Rivera, Commissioner

Ms. Conchita Bathan, Commissioner

Mr. Andrew Park, Commissioner

Ms. Beatrice "Tricee" Limtiaco, Commissioner

Mr. Carlos Untalan, Acting Executive Secretary

Legal Counsel-Vacant Guam Land Use Commission Regular Meeting Minutes Department of Land Management Conference Room Thursday, June 23, 2011 •1 :47 p.m. to 2:50 p.m.

I. Notation of Attendance

Chairman Lather called the regular meeting of the Guam Land Use Commission of Thursday, June 23, 2011 to order at 1:47 p.m., noting a quorum.

Present were: Chairman Jay Lather, Vice Chairman Lawrence Rivera, Commissioners Tricee Limtiaco, Andrew Park and Conchita Bathan, Acting Executive Secretary/Chief Planner Carlos Untalan, OLM Planner Frank Taitano.

(Chairman Lather noted that Commissioner Bathan will be late for the meeting and that Commissioner Certeza was off-island)

Chairman Lather the meeting was delayed because we had an informal round table discussion regarding the article in the Marianas Business Journal, and we are now commencing with our schedule.

II. Reading and Approval of Minutes

1 Chairman Lather we have the GLUC Minutes from June 9 h.

1 Commissioner Park made a motion to approve the Minutes of June 9 h. Moved and seconded by Ms. Limtiaco.

Chairman Lather discussion (none noted). All in favor of approval the Minutes say "aye" (Chairman Lather, Vice Chair Rivera, Commissioners Limtiaco and Park).

(Minutes stand approved subject to correction of minor typographical error)

Chairman Lather before we proceed, someone is withdrawing. Let's move to New Business Tentative Development Plan ...

Tentative Development Plan

C. The Applicant, Tagada Guam LLC, represented by WB Flores & Associates, requests a Tentative Development Plan for a proposed amusement park with rides, food and beverage booths, on Lot 5051-2NEW-6NEW, in the Municipality of Tuman, in an "H" zone, under Application No. 2011-38. Case Planner: Celine Aguilar

Page 1 of 12 Ill. Old Business (None noted)

IV. New Business

Zone Change

A. The Applicant, Ian Corporation, Inc. (ICI), represented by FC Benavente, request for a Zone Change from "R-2" (Multi-Family Dwelling) to "M-1" (Light Industrial) zone to allow warehousing, sales and rental of construction equipment on Lot 5224-3-3, in the Municipality of Barrigada, under Application No. 2011-04. Case Planner: Celine Aguilar

Chairman Lather Celine ---

Carlos Untalan Mr. Chair, Celine is out sick today. So, between Frank and me, we will handle the project application. (Staff report was summarized to include purpose, facts, public hearing, analysis and recommendations.

(Attachment A - Staff Report dated June 13, 2011)

Chairman Lather questions for staff? (None noted from the Commissioners)

Commissioners, you will recall that we've entertained a number of these zone changes in the Bello area. And because Guam lacks a comprehensive land use plan, the Land Use Commission is forced to; sort of do ad-hoc planning and we've announced over the last series of years that the Bello area is our intended target for an industrial park development. We've actively endorsed the zone changes to M-1 in the Bello area. This one is certainly in that area and conforms to our general plan. We note that we have received a letter from John Borlas (Attachment 2 of Staff Report) who is the adjacent property owner and if you look at the map, he is directly north of the subject lot, his lot is directly north. John raises a valid objection to the zone change in that he's got an R-2 zone and he objects to the adjacent property being zoned industrial because it will affect his property values. Normally, this would be a valid consideration for us to take into account. As you know, we seriously evaluate adjacent property owners' concerns because if people purchase property with the intent that is was going to be strictly R-2, then this would not be a good thing. The difference here is, and it's important to note that the area behind this lot, to the west, including Mr. Borlas' lot is already M-1 zone. So, he's already on notice that this property is M-1, the adjacent areas. So, the argument that this adjacent lot would detract on his property values loses merit due to the fact that he's already adjacent to other M-1 zones. While we don't do spot zoning, this certainly conforms to the transition zoning that we have considered all along. So in that regard, while I respect John's position as far as his concerns, I don't think it rises to the level that we would need to deny this request. Let's hear from the applicant and then we'll ask some questions. Please introduce yourself ---

Felix Benavente thank you Mr. Chairman and members of the Commission. BTW Mr. Chairman, I made copies of the billboard sign that you asked for.

(Chairman Lather notes for the record that Commissioner Bathan is present for the meeting)

Felix Benavente Ian Construction presently has ....

Page 3 of 12 ..

Chairman Lather (referring to the photo disseminated to the Commissioners) Felix, this is great; but next time, zoom in a little bit. The intent is so that we can read the dates actually on the sign. It's a good start and I really appreciate it.

Felix Benavente the company is presently situation in Barrigada adjacent to the Trades Academy off of Route 8A. They intend to relocate to this property because they are getting into the equipment rental and sales. They have been awarded recent distributorship for shoring and shielding equipment system which are important things for use in, I guess, trench digging. Their proximity to the airport, the property is easily accessible, it has paved roads, and it already is adjacent to M-1 properties. The more recent legislative ... actually it wasn't very recent; but a lot of the properties are M-1, especially the ones that you talked about Mr. Chairman that are adjacent to this property, is Public Law 22-16 which rezoned quite a few of those lots including those properties and that's shown on the zoning exhibit map. In addition to your explanation, the Legislature also saw the need to change many of the properties in the Bello Road area to M- 1. The property is within an AICUZ designated area which means that it's subject to aircraft take-off and landing danger in addition to the noise. We think that the M-1 use which is already predominant in the area is more appropriate for this property. Initially, and I just want to clarify as well, they had thought of putting workforce housing in here and that has been extracted and deleted from the plans. We mentioned that at the public hearing and so it's not going to have a workforce housing appendix attached to it; it's just a straight R-2 to M-1.

Chairman Lather thank you. Just to confirm that you've conformed to notice requirements and you have sewer present.

Felix Benavente yes.

Chairman Lather questions for the applicant?

Vice Chairman Rivera that was one of my questions to you. Your drawing indicated the worker's housing area on the drawing itself. And you have indicated that it's not going to be a workforce housing.

Felix Benavente that is correct.

Vice Chairman Rivera but your plan going forward will be strictly storage/warehouse?

Felix Benavente yes; office, storage and display, sales and rental.

Vice Chairman Rivera we're okay with the infrastructure right Felix? Water, sewer ....

Felix Benavente yes.

Chairman Lather any further questions? (None noted from Commissioners Limtiaco, Bathan and Park)

We'll open for public comment? Any public comment on this request for rezoning.

Public Comment (none noted, Chairman Lather closed public comment)

Chairman Lather Felix, anything further to add?

Page 4 of 12 Felix Benavente we look forward to the favorable action by the Guam Land Use Commission.

Chairman Lather I will entertain a motion ---

Commissioner Park made a motion to approve the request for a Zone Change for Application No. 2011-04 as recommended by Staff with no conditions.

Chairman Lather moved and seconded by Vice Chairman Rivera. Mr. Park, discussion?

Commissioner Park no discussion.

Vice Chairman Rivera the report indicates that the proposed M-1 is suitable for the area and the location is proper for this request.

Chairman Lather further discussion?

Commissioner Limtiaco I am sympathetic to Mr. Barias' comments and his position. I think that it's a really difficult spot that we are putting the residents in the Bello area that are existing. It's very difficult, they've lived with the noise, and so I'm sure that they're not expecting to have a lot of industry there. I do recognize that this committee, we have to kind of plan ad-hoes because we don't have a master plan. All in all, when I see how M-1 areas lots are surrounding this area, it does seem likely that they should have M-1 zoning. I do approve ... I don't have any conditions on it, it's just pretty unfortunate for their neighbors who aren't M-1.

Commissioner Bathan I think the request for the zone change is consistent with existing zoning for this.

Chairman Lather I want to reiterate Tricee's comments, and I agree with that. I respect John Barias' position and I understand where he's coming from. I want to be clear that if there was no current M-1 zoning adjacent to the property, this would be very problematic. To me, it just overwhelming that he already has the M-1; but I agree with your comments.

All in favor of the motion to approve say "aye" (Chairman Lather, Vice Chair Rivera, Commissioners Bathan, Park and Limtiaco) and those oppose say "nay." (Motion passes unanimously; 5 - ayes, O - nay)

Zone Variance

B. The Applicant, BANDBS, Inc. represented by FC Benavente, requests for approval for a Zone Variance to allow a retail store and convenience market (The Ukudu Market), on Lot 14, Tract 209, in the Municipality of Oededo, n an "R-1" (Single Family Dwelling) zone, under Application No. 2011-16. Case Planner: Celine Aguilar

Chairman Lather before we open the hearing, you have some comments to make Felix?

Felix Benavente yes Mr. Chairman. We spent a lot of time and effort to get to this table. We work closely with the Staff and the community to try to get projects before the Commission that is beneficial to the community and to the neighborhood. However, we have received some concern that the approach that was taken is probably the approach that might not work. We

Page 5 of 12 The Regular Meeting of the Guam Land Use Commission for Thursday, June 23, 2011 was adjourned at 2:50 p.m. The next meeting is scheduled for Thursday, July 28, 2011 at 1:30 p.m.

Approved by: Transcribed by: ~Bb er, Chairman Cristina G. Gutierrez, WPS II d Use Commission OLM Planning Division

Date approved: ~ .;e f r9-HI

Page 12 of 12 ',) GUAM LAND USE COMMlt-. ) ION GUAM SEASHORE PROTECTION COMMISSION

Department of Land Management Conference Room 590 S. Marine Corps Drive, Third Floor, ITC Building, Tamuning

){ GLUC GSPC Date of Meeting: June 23, 2011 )( Regular Regular Special Special Time of Meeting: I: <+1 fr" Quorum Quorum No-Quorum No-Quorum

COMMISSION MEMBERS SIGNATURE

Jay L. Lather, Chairman

Lawrence S. Rivera, Vice-Chairman

Conchita Bathan, Commissioner

Roland S. Certeza, Commissioner

Andrew C. Park, Commissioner

Tricee P. Limtiaco, Commissioner

Vacant

Carlos R. Untalan Acting Executive Secretary (GLUC/GSPC) \

Vacant Legal Counsel Assistant Attorney General

Carlos R. Untalan, Chief Planner Frank Taitano, Case Planner Penmer Gulac, Case Planner Marvin Aguilar, Case Planner

Celine Cruz-Aguilar, Case Planner

DPW Representatives:

Jesus Q. Ninete, Sr., Chief Bldg. Inspection Administrator

Cristina G. Santos, WPSll, Planning ADJOURNMENT: I J :21~ I GLUC Form 19 - GLUC Commission Attendance Sheet (Space above for Recordation)

IMPORTANT NOTICE - READ CAREFULLY "Pursuant to Section 5 of Executive Order 96-26, the applicant must apply for and receive a building or grading permit for the approved GLUC/GS PC project within one (1) year of the date of Recordation of this Notice of Action, otherwise, the approval of the project as granted by the Commission shall expire. This requirement shall not apply for application for Zone Change***."

GUAM LAND USE COMMISSION Department of Land Management Government of Guam P.O. Box 2950 Hagatfia, Guam 96932

NOTICE OF ACTION

June 24, 2011 Date

To: Ian Corporation, Inc. Application No. 2011-04 Represented by Felix Benavente P.O. Box 26764 Barrigada, Guam 96921

The Guam Land Use Commission, at its meeting on June 23, 2011,

XX/ Approved _/ Disapproved __/ Approved with Conditions

__/ Tabled

Your request on Lot 5224-3-3, Municipality of Barrigada for a:

Attachment 9 ~~~~~P~~:~n~IZJ. Application No. 2011-04 Lot 5224-3-3, Municipality of Barrigada GLUC Hearing Date: June 23, 2011 Date of Preparation of NOA: June 24, 2011 Page 2 of 4

ZONING SUBDIVISION

XX I Zone Change*** __/ Tentative

_/ Conditional Use _I Final _/ Zone Variance [ ] Height [ J Use _I Extension of Time [ ] Setback

__/TENTATIVE DEVELOPMENT PLAN _I PL 28-126, SECTION 1(A)

NOTE ON ZONE CHANGE

***Approval by the Guam Land Use Commission of a ZONE CHANGE DOES NOT CONSTITUTE FINAL APPROVAL but rather a recommendation to the Governor for his approval. Applicant shall be notified upon action taken by the Governor. [Reference 21 GCA (Real Property), Chapter 61 (Zoning Law), Section 61634 (Decision by the Commission).]

SEASHORE HORIZONTAL PROPERTY REGIME

_/ Wetland Permit _I Preliminary

_/ Seashore Clearance _I Final

_I Supplementary (Specify)

MISCELLANEOUS

_/ Determination of Policy and/or Definitions

_I Other (Specify) NOTICE OF ACTI~ Application No. 2011-04 Ian Corporation, IW Lot 5224-3-3, Municipality of Barrigada GLUC Hearing Date: June 23, 2011 Date of Preparation of NOA: June 24, 2011 Page 3 of 4

APPLICATION DESCRIPTION: The applicant, Ian Corporation, Inc. represented by Felix Benavente, is requesting approval for a Zone Change of Lot 5224-3-3 Municipality of Barrigada, from "R-2" (Multi-Family Dwelling) to "M-1" (Light Industrial) Zone in order to allow warehousing and the sales and rental of construction equipment.

COMMISSION DECISION: The Guam Land Use Commission APPROVED without conditions.

Carlos R. Untalan Date Lather Date Guam Chief Planner an Land Use Commission

Case Planner: Celine Aguilar

Cc: Building Permits Section, DPW (Attn: Mr. Jesus Ninete) Real Property Tax Division, Department of Revenue and Taxation ------CERTIFICATION OF UNDERSTANDING

I/We______/ &k'>L C,lS.el.-4aV~11~ (Applicant [Please print name]) (Representative [Please print name])

Understand that pursuant to Section 5 of Executive Order 96-26, that a building or grading permit must be obtained for the approved GLUC/GSPC project within one (1) year of the date of recordation of this Notice of Action, otherwise, the approval of the project as granted by the Commission shall expire.

The Commission mav c:irant two (2) one-year extensions of the above approval period at the time of initial approval.

This requirement shall not apply for application for a Zone Change*** . )plication No. 2011-04 ~~~~;p~~:n~I~~. . .) Lot 5224-3-3, Municipality of Barrigada GLUC Hearing Date: June 23, 2011 Date of Preparation of NOA: June 24, 2011 Page 4 of 4

I/We, further AGREE and ACCEPT the conditions above as a part of the Notice of Action and further AGREE TO ANY AND ALL CONDITIONS made a part of and attached to this Notice of Action as mandated by the approval from the Guam Land Use Commission or from the Guam Seashore Protection Commission. '--£ ~/ c{}c~~J- !EJd~tf Signature of Applicant Date Signa?ure of Representative Date

ONE (1) COPY OF RECORDED NOTICE OF ACTION RECEIVED BY:

Applicant Date Representative Date

NOA Revised Format - As of February 15, 2010 PAGE 4 OF 4 Reference No.: 2011-04

To: Director, Department of Land Management Director, Department of Public Works

Upon review of the decision of the GLUC to approve the zone change and in accordance with Title 21 GCA §61634, I hereby indicate my decision below on the proposed change, and any changes approved shall be endorsed and delineated upon the zoning map, and shall constitute an amendment to such map pursuant to Title 21 GCA §61630. PERMITS SHALL NOT BE ISSUED UNTIL THE AMENDMENT TO THE MAP HAS BEEN MADE. EDDI~(~ [ ]DISAPPROVED Governor of Guam

DECISION GRANTING ZONE CHANGE (with findings)

Guam Land Use Commission

WHEREAS, the following decision of the Guam Land Use Commission is made in accordance with 21 GCA §61630, now therefore;

WHEREAS, prior to consideration of the application by the Guam Land Use Commission, a hearing on the Zone Change was held on the 19th day of April, 2011, in the Municipal District of Barrigada where the property to be rezoned was located pursuant to Title 21 GCA §61633.

WHEREAS, notice of the time and place of the hearing was published in a newspaper of general circulation on the 9th day of April, 2011 as evidenced by affidavit by an affidavit of publication attached as Exhibit A. i~ ~I

Decision Granting Zone Change (with findings) Ref. No. 2011-04 Page 2

WHEREAS, notice was mailed to the Mayor of the Municipal district concerned and to those landowners owning land within 500 feet of the property where the property to be rezoned is located as evidenced by the affidavit of mailing attached as Exhibit B.

BE IT RESOLVED, that on the 23rd day of June , 2011, a hearing of the Guam Land Use Commission (GLUC) was held in accordance with notices duly issued to consider the application of Ian Corporation, Inc. for a Zone Change of Lot No. 5224-3-3, Municipality of Barrigada.

A quorum of the Commission was present. In attendance were:

1. Mr. Jay L. Lather, Chairperson 2. Mr. Lawrence S. Rivera, Commissioner 3. Ms. Conchita D. Bathan, Commissioner 4. Mr. Andrew Park, Commissioner 5. Ms. Tricee Limtaico, Commissioner

Appearing for the applicant were: Mr. Felix Benavente

Also appearing and testifying on the above project was:

none in favor/against

After considering all the statements and testimony presented by interested parties the GLUC finds that the application for zone change is granted on the following grounds: (Note: All three (3) sections should be answered.)

(a) Public Necessity: The following facts support a finding that public necessity justifies the zone change:

We the commission find that the requested zone change to "Light Industrial" is a more prudent zone designation for the area. The fact that the area is in the APZ-1 Zone requires a shift from residential to commercial or industrial uses notwithstanding the fact that residential uses are permitted in the current zone. The surrounding nearby parcels have also been zoned to "Light Industrial" and industrial activities are in operation has not been a detriment to other current residential or competing commercial or industrial uses.

2 Decision Granting Zone Change (with findings) Ref. No. 2010-04 Page3

(b) Public Convenience: The following facts support a finding that public convenience justifies the zone change:

We the Commission find that the lot is adjacent to light industrial-zoned properties. There are also, existing commercial/light industrial activities within the area and along the junction of Bello Street and Benigno Benavente Street, which are compatible and support the proposed use of the requested zone change. The development trend shows growth from rural residential to commercial/light industrial uses within the area, and future commercial/light industrial growth is foreseeable as an artery of Bello Street, a primary collector road. This and the existence of adequate infrastructure will accommodate and serve existing or future growth in this area. The proposed warehouse, sales and marketing facilities is considered a light industrial uses on the subject lot would be consistent with current land uses and activities in the immediate area within a range from 100' to 3,000' in the Belo area and along lower Barrigada Heights. The location is central to the Tamuning, Dededo and Yigo areas with large population. It is also in close proximity to the airport, airport industrial park, Harmon Industrial park and other commercial districts.

(c) General Welfare: The following fact support a finding that the General Welfare of the public is best served by the granting of a zone change:

We the Commission find that The "Health, Safety and General Welfare" issues, in a community's comprehensive Plan divides these categories and mandates the various governmental entities to develop plans to address such factors. For example, the government basically has several "powers" so to speak; the power of taxation, the policing powers, the power of eminent domain and the regulatory power.

In doing so, it defers the specific issues to the specific government entity mandated to oversee the technical review of a proposed plan such as for GEPA/GWA for sewer requirements (a health issue), DPW on access (a safety issue) and so forth, thus ensuring that the overall General Welfare of the community is not compromised.

The Commission is interested and has responsibilities to regulate zoning; and watches out for the "health, safety and welfare" of the community, but from

3 ~, ·.·"'··.·

Decision Granting Zone Change (with findings) Ref. No. 2010-04 Page4

zoning perspective. In the case at hand, therequested light industrial rezoning, is in our opm1on, a much suitable zone and location for commercial or industrial uses for the primary reason that the area is overshadowed by the AICUZ zone and in which an APZ-1 factor exist based on the AICUZ study. If rezoned to Light Industrial, such zoning designation would appear to have the least impact on the "Health, Safety and General Welfare that would be more pronounce should a residential community exist.

The land use element considered in our analysis concerns the impact of the AICUZ (Air Installation Compatible Use Zone) generated by aircraft activities utilizing the Guam International Air Terminal. Based on the existing AICUZ, the subject property falls within an area designated as Accident Potential Zone I (APZ I) and Ldn (noise level) of 70-75 decibels. Any type of activity within the surrounding area will be affected by noise levels not conducive to residential use within this area but could be mitigated to a certain extent through appropriate soundproofing.

In supporting an industrial or commercial use, we find that the added note to the protection of the general welfare of the public is that the subject lot is near the airport; and that based on recent studies on noise impact in this specific area, residential development is not favorable or suitable within and or near this area which is within an area designated as Accident Potential Zone I.

In the case at hand, the requested light industrial rezoning, is in our opinion, a much suitable zone and location for commercial or industrial uses for the primary reason that the area is overshadowed by the AICUZ zone and in which an APZ-1 factor exist based on the AICUZ study. If rezoned to Light Industrial, such zoning designation would appear to have the least impact on the "Health, Safety and General Welfare that would be more pronounce should a residential community exist.

The properties abut or is adjacent to other properties zoned Light industrial as can be noted in the 1,000' Foot Radius map provided in the Application. Construction is ongoing on those properties recently zone changed to Ml; while older "M" zone properties have been operating industrially. The area is developing and growing more in the light industrial use as opposed to residential. Decision Granting Zone Change (with findings) Ref. No. 2010-04 Pages

In doing so, it defers the specific issues to the specific government entity mandated to oversee the technical review of a proposed plan such as for GEPA/GWA for sewer requirements (a health issue), DPW on access (a safety issue) and so forth, thus ensuring that the overall General Welfare of the community is not compromised.

The members, after due consideration voted to approve the application. The vote of the members was as follows:

~Ayes Jl Nays Jl Abstentions

This decision was adopted this 23rd day of June, 2011, and shall be submitted to the Governor for final approval pursuant to Title 21 GCA §61634.

i-n.. -n Date

5 AFFIDAVIT OF PUBLICATION

I, the undersigned do hereby depose and state that:

1. I am an employee of the Department of Land Management, Government of Guam, and I am not an interested party in the above-entitled matter.

2. I have personal knowledge of all the facts herein.

3. I am competent to testify to the matters stated herein and would so testify in any hearing concerning this matter.

4. On April 4, 2011, I submitted the Official Memorandum (attached as Attachment A) from the Guam Chief Planner to the Pacific Daily News, Hagatiia, Guam, a request to publish the 2x2 legal notice to appear on April gth,2011 for Application No. 2011-04 (Ian Corporation) to be heard on April 19th, 2011, at the Barrigada Community Center. Proof of advertisement is attached as Attachment B)

5. This Affidavit is executed as proof of the compliance with 21 G.C.A §61633 (Hearing Date-Notice).

.fa W~S WHEREOF, I hereby affix my signature this /~day of /~ ,2011. I

Island of Guam ss: City of Tamuning

Subscribed and sworn to before me this I tY..6{day of ~/:e~ , 2011.

TERESITA A.C. TOVES NOTARY PUBLIC In and for Guam. U.S.A. My Commission Expires: Aug. 03, 2013 P. 0. Box 2950 Hagatna, Guam 96932 Exhibit A DIPATTAMENTON MINANE TANO' (Department of Land Manafl.ement) GUBETNAMENTON GUAHAN (Government of Guam)

EDDIE B. CALVO ANISIA B. TERLAJE Governor of Guam Director Street Address: 590 S. Marine Corps Drive RAY TENORIO ITC Building, Lieuten§l.nl G9vemor of Guam. Tamuning, GU 96913

April 4, 2011

Mailing Address: Pacific Daily News Advertising P.O. Box 2950 Hagatiia, GU 96932 P. 0. Box DN Agana, Guam 96910

Website: Dear Sir/Madame: http://dlm.guam.gov Please publish this legal notice on a 2 X 2 inch column, to appear on April g'h, 2011.

E-mail Address: Attached are check(s)/monies amounting to $ 138.20 to cover the enclosed [email protected] advertisement fee scheduled.

Thank you for your anticipated cooperation in this matter.

Telephone: 671-649-LAND (5263) Si Yu'os Ma'ase, c&JJtr()~ Carlos R. Untalan Facsimile: Chief Planner 671-649-5383

Attachments: Public Hearing Notice 2" x 2" = $138.20 (Government rate per inch column - $34.55) Check(s) Pe~j} ~ta '/di\ '-f /s/'kn Attachment A • Affidavit of Publication , '...- ~ ·· < )

Department of Land Management P.O. Box 2950, Hagatiia, Guahan 96932 Tel: 649·5263 Ext. 341: Fax: 649-5383

PUBLIC HEARING NOTICE Date: April 19, 2011 Time: 6:00 pm Place: Barrlgada Community Center For: Ian Corporation, Zone Change from "R·2" to "M· 1 zone to allow for warehousing and the sales and rental of construction equipment, on Lot 5224-3-3, Barrigada. 2011 ·04] Funding Source provided by the Applicant 28 SPORTS 0 II @ N SCOREBOARD ,.,_ o.' .&. 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'" "'"' --~ y JtllieYunormo\o GM 0:51 ""'""""" SM DcrtRNeu s 37'19 Al~Rolllvl 4?15 '""' " ""'"'"""' ''"' SOUTHERN U.-Flmd a:1h1ehc dit!l(;\or ""' """'""' y """"'°"""' SM G.omlir.eH.Sabolan s 0:57 37'21 42'21 y '"" GmgLaFIBuf_ ""' y ""' Ao11aPort!n SM 1:02 Jasm!oB~~ 0 "'~""' 3f25 """""""'K~Kt111 """'"""" " "'"' y ""' 1.34 -- 0 """33'2' """"""""""' JT2' "" ""'"""""" CMstio'leTtllaoo""'"""' 1:47 -""~ 33'3Z '""'""' J 3T28 """"""""KristinaCwi: ""'4Z29 J ,.,2:~ '""'-Ther™TCMS "s 33'35 """"''"""" s ma NlrolePierle mo JoclilynOPallQi!lnan""""' Oor~nTomas1 M 33'37 "''""'Gloria Datum M 37'31 car~~f'oilpe 4731 SM" s• 33'44 st< 37'3-3 LeilafliA!wle1on 42'31 0 '"119 ""'"'"""'EriS!!W J 33'4ti ""'""" y ma Evet1nf'la00es 42'40 """'""""""''"" s N7 :>3'~9 """'""""" st< 37"9 [IMnaCl.lbao.lb 42'45 TG ENGINEERS, PC """G'"''"'°Tl'y\orPorter 0 33'$0 f-liGIM J 37'39 $1!s!i1!!1GrW11rla 42'49 ""'"""' "0 Has an immediate opening for the following position: 0 '"2:59 """"'""' SM 33>1 """°"""~Matcatter J 3T40 GMaPrli!to '2'51 Chl}UsaMa1sUt.i°'"'"""""'"' 3:00 CllfmliltOelaCM°"' SM 33'" 0 JT5' TmC... ms R~FM-!Wllk '"SM 3:00 J 36'02 Aekyon~YoOnWera I.and Survey AutoCAD Oraf!sperson -'"'"--· '"' Applicant must have AutoCAD experience and must be willing to assist survey crews periodically. Local News Reporter (Full·time) GIS experience is a plus. Ponce dearance and valid driver's Ucense required. Information Center Please fax a resume to 647-0886 or email to admin@tg-engr com An E'quaJ CJi'portunity Erflployer

Department of Land Maniigement P.O. Box 2950, Hagati\a, Gulihan 96932 8 Tet 649-5263 Ext. 341 • Fax: 649-5383 PUBLIC HEARING NODCE Date: Aprll 19. 2011 Trme: ~ Place: Barrlgacla Community Center £S/li Ian Corporation, Zone Change from "R-2" to "M-1" zone to allow for warehousing and the sales and rental of construction equipment, on Lot 522~. Barrigada [2011-04] Funding Source provided by the Applicant

The PGD Las Palmas I &II Board of Directors is accepting applications The Apusento Gardens Condominium Board of Directors is accepting for the Resident Manager position. applications for the Resident Manager position. Qy.alifications: Qualifications: • Self motivated, well organized, can work independently. Self motivated, well organized, can work independently. • Resourceful with good communication skills. Resourceful with good communication skills. • A team player with positive attitude. A team player with positive attitude. • Must submit Police Clearance. Must submit Police Clearance. Interested individuals may apply in person at Interested individuals may apply in person at Century 21 Realty Management Company located in Tamuning Century 21 Realty Management Company located in Tamuning next to Bank of Hawaii. next to Bank of Hawaii. NO PHONE CALLS PLEASE. NO PHONE CALLS PLEASE.

Attachment B • Affidavit of Publication ZONE CHANGE

I 7. Required Signatures: All legal owners/lessees of designated parcel shall sign form with name(s) typed or handwritten, signed and dated:

I "I hereby certify that all information contained in this application and its supplements is true and correct. I also understand that any misrepresentation in this application shall void the entire submission. I Further, that thirty-two (32) sets of the above listed required information is provided."

I (See Affidavit of Authorization) (Owner(s) or Lessee(s) and Date) I e-4) ' ~4w--+- Felix C.~avente. FC Benavente. Planners I (Representative, if any, and Date) I THIS FORM SHALL NOT BE MAILED. APPLICANT OR REPRESENTATIVE SHALL SUBMIT IN PERSON, BY APPOINTMENT ONLY, TO THE LAND PLANNING DIVISION, DEPARTMENT OF LAND MANAGEMENT. I ------I FOR OFFICIAL USE ONLY Date Filed: Accepted By: ______

I Date of Notice in Newspaper( s ): Date of Notice to Adjacent Property Owners: ______

I Date of Public Hearing: ______

I Filing Fee(s) Paid($ ): Yes [ ] No [ ] Check [ ] Cash [ ] Other [ ] ______

I Receipt No.:------Application Number:

I Date of GLUC Action: ------Conditions: Yes [ ] (See Below) No [ ]

I Conditions of Approval: ------I GLUC Resolution No.: Date of Notice of Action: I ----~~--~- ~--~----

I GLUC FORM 02 - Revised APRIL 2010 Page 3 of 3 I I Exhibit A. Environmental Impact Assessment I I I I I I I I I I I I I I I I

F.C. BERc\ VENTE, PLANNERS - 127 Bejong Street, Barrigada, GU 96913 Tel 671.988.7911 I Page 5of12 I I GUAM ENVIRONMENTAL PROTECTION AGENCY (GEPA) ENVIRONMENTAL IMPACT ASSESSMENT (SHORT FORM) I October 1999

GEPA has developed this EIA form for use by developers proposing projects or I land use activities, which may pose only insignificant environmental impacts. This form is provided as an alternative to the EIA standard format provided to satisfy the requirements of Executive Order 96-26. If potential environmental I impacts and issues are assessed or determined to be significant either by the applicant or GEPA, a more detail EIA may be required including a thorough presentation and discussion of alternatives as required by the Guidelines for the I Preparation of Environmental Impact Assessments and Statements (GEPA October 1999).

I This EIA format constitutes the minimum necessary assessment and disclosure of potential impacts for a project. This form may also be used as a preliminary I scoping guide or checklist in consultation with the Agency. I Case No: I Project Title: Rezoning From "R-2" to "M-1" To Allow Warehouse For Construction Equipment Sales and Rental And For Temporary I Workforce Housing Faciities. 1. Name, address and business telephone of applicant: Ian Corporation, PO Box 26764, Barrigada, Guam 96921 I Tel: (671) 734-3939 2. Name, title and telephone number of representative: I Felix C. Benavente, Principal, FC Benavente, Planners (671) 988-7911

3. Name, title and telephone number of EIA document preparer: I Felix C. Benavente, Principal, FC Benavente, Planners (671) 988-7911

4. Location of the proposed project: (include tract, block, lot, municipality I and a location map) Lot 5224-3-3, Barrigada, Guam

5. Describe the general nature or type of proposed project: To Allow I Warehouse For Construction Equipment Rental and Sales; and For Temporary Workforce Housing Facilities, as an interim use on the property, for approximately 5-10 years to support construction activities I related to the ongoing and upcoming military buildup on Guam. I FC Benavente, Planners. August 2010. Environmental Impact Assessment For Lot 5224-3-3, Barrigada, Guam I Page 1of8 Short Form, Page 2.

6. Are the following critical environmental factors affected by the proposed project? If yes, describe the impact and state why it would not be significant. If not affected, provide reasons why. If more space is required refer to and attach additional sheets.

a. Ground water recharge area: Yes. The property, located in Barrigada, is acknowledged to be within the boundary of the Northern Guam Water Lens area. which encompasses the northern half of the entire island. This Rezoning is not expected to significantly impact the water recharge area.

Nof"\hernGuam SoleS~utcf!) ,c\qµifen< .· .. Designated Area' .· .. · ·• •. << .. Not•und &pian•tlOitf .•.•. · . .. ·: ="..!::.__.,...l' _ _~ ..._..,~- ·. ··. Sedion '42~• ) ol f>O U• °'"'""'° FR•ns4~ a.. w 1 0t11 -"""""USEl'\ll...... I ~'.Z-~'.:::1-.. "". '_,...... ~- ·-""""""-..... '° .. ~ S~• and DI.cl~ . ...._.....~___ - ~_.,.,..~nw·•~(____ ., ...... _ _ ~ " ~~...... ,. .. --,,...... -- ~~.._...,.~.=..._.·,.:!lfd .. .___

CAll[----..==~=:.:.°" ~.. -or .... ~ ..-..... - ·"!"·...... w ...... ,,...,....,.. ' ...... -----··.

···aEPA ·· . : : Fl:(lg ;oo j Gia: C~nt~ , '1'~¥.&W~2tt;",1

Figure 1. Northern Guam Sole Source Aquifer Map Showing Location of Project Site.

b. Watersheds: No. Although located within a watershed area, as all property on Guam located within the Northern Aquifer. the impact of the Rezoning is not expected to be significant.

FC Be navente, Planners. August 2010. Environmental Impact Assessment For Lot 5224-3-3, Barrigada, Guam Page 2 of 8 I I c. Wellhead protection zone: No. The property is not known to be I within a wellhead protection zone.

e. Marine waters: No. The property is not located near marine I waters.

f. Reef flats: No. The property is not located anywhere near I reef flats.

I g. Pristine forest: No. The property is not nor is it within a pristine forest. The property has been cleared by prior owners.

I h. Critical habitat area: No. The property is not known to be located within or near a critical habitat area.

I i. Wetlands: __.;....;N;..;;;o..;... _T;;...;h..:..;e::;...a:;;.p.;..,;ro:;;;..Jp;;...;e=rt-=-yl.....:.:;is:;...;n;..;..o;;...;t:.....;l..;:;.o..;:;.ca=t=e;..;;;d;_w::...:....:..::it:....:.h1:..;..;· n"""'o=r-=n'"'-e=a=r_:.;.a I wetland area. I Short Form, Page 3. j. Flood hazard area: No. The property is not located within or I near a flood hazard area. I k. Archaeological feature(s) or historical sites: No. The property I has been cleared by prior owners. 7. Will the project result in any of the following environmental or I infrastructure impacts.

a. Production of toxic or hazardous waste: No. Any category of I waste normally produced by the activity will be disposed in accordance with permit requirements and with local and federal I laws, rules, and regulations. b. Dislocation of existing businesses, residents or public areas: No. The property is presently vacant and undeveloped. There will I be no removal or dislocation of any businesses, residences, or public areas on the property. I FC Benavente, Planners. August 2010. Environmental Impact Assessment For Lot 5224-3-3, Barrigada, Guam I Page 3 of8 c. Production of air contaminants (temporary or permanent): No. However, dust may be temporarily produced during grading and construction on the project site. The owners will comply with Guam EPA dust control mitigation requirements.

8. Will the project require an increase in the requirements for any of the following public service (provide estimated quantities or volumes)? If answering yes to any of these items you must describe how the impact affects current infrastructure capacity. In addition, if the applicant/ developer propose contributions or mitigation to offset impacts, describe the contribution or mitigation.

a. Drinking water: Water service is adequately available via Guam Waterworks Authority system already in place along the Benigno Benavente Street frontage access road.

Short Form, Page 4.

b. Sewage disposal (public system): Pubic sewerage is available via Guam Waterworks Authority systems in place.

c. Vehicle traffic: The use is not expected to significantly increase existing traffic in the area. Employees and customers are minimal. The few Workers are expected to be transported en masse to work sites via busses. vans, trucks, or other company provided vehicles. In addition, planned and efficient use of job site routes, discouraging worker acquisition of Privately Owned Vehicles (POV) and selected best time for travel will be set up to minimize local traffic impacts.

9. Will clearing and/or grading be required (include the number of acres and a general description of site soil and slope conditions): Yes. The 1 acre property has already been cleared by prior ownership

10. Will the project utilize an individual waste water disposal system such as Septic tank/leaching field system, secondary package treatment system ... etc.?) All activities will comply with Guam EPA requirements for on-site systems; and when necessary to comply wth GWA requirements for hook up to the existing public sewerage system.

11. Will the project include the use of above or below ground storage tanks for fuel or water? No. There are none anticipated at this time. However should any type of above or below ground storage tank be required, the proper permits will be acquired.

FC Benavente, Planners. August 2010. Environmental Impact Assessment For Lot 5224-3-3, Barrigada, Guam Page 4 of8 I I

12. Does the project require permitting; land resources, financial and or other I assistance from the federal government (please provide type of permit, issuing agency, application dates, and contact person)? I No.~~~~~~~~~~~~~~~~~~~~~~~~~~ I Short Form, Page 5.

13. Does the project include any special or unique features that are not I covered above? No.~~~~~~~~~~~~~~~~~~~~~~~~~~

I If preliminary construction drawing, site plans, or related documents are available please provide such as attachments. For more information and assistance you I may call GEPA Environmental Planning & Review Division at 475-1662/3. I DECLARATION BY APPLICANT Based on this assessment, it is reasonable to expect that this project will I not result in significant adverse environment impacts. I/we hereby declare a "finding of no significant impact". I LOcf--~ (See Affidavit of Authorization) ~ ,2010 Applicant (Signature) Date I FC B<•n~venHlann~·rplicant's Representative --{.,r ~ w e,,q' ! I Providing false or misleading information in this assessment may constitute grounds for permit and EIA suspension or disapproval until such time as the applicant or document preparer makes all appropriate amendments or I corrections as required by Guam EPA. Statements made in this form are binding for the purpose of environmental protection and the preparer and/or applicant is responsible for the timely implementation of protection and mitigation measures I identified. Failure to fulfill stated avoidance, minimization or mitigation measures may also constitute grounds for Agency enforcement actions to the full extent of I all applicable environmental reQulations and statues. I GEPA-EPR001 (12/12/96) I FC Benavente, Planners. August 2010. Environmental Impact Assessment For Lot 5224-3-3, Barrigada, Guam I Page 5 of8 I I Exhibit B. Affidavit of Authorization I I I I I I I I I I I I I I I I

F.C. BENAVENTE, PLANNERS - 127 Bejong Street, Barrigada, GU 96913 Tel 671.988.7911 I Page 6of12 I

I AFFIDAVIT OF AUTHORIZATION ·~

I, Ian Chong, of legal age, and as Authorized Representative of Ian Corporation, owner of I Lot No. 5224-3-3, Municipality of Barrigada, Guam, through this instrument hereby depose and say the following:

I 1) That FC BENAVENTE, PLANNERS,.(Consultant) is hereby authorized to request the Guam Land Us~ Commission to review and consider this I request for approval of a Zone Change Application and a Conditional Use Application at the above mentioned location; and I 2) That our authorized Consultant and his agents may conduct themselves accordingly to arbitrate, negotiate, commit, revoke, represent, mitigate and abate the proposed project through all reviewing instrumentalities I involved in the Zone Change Applicatidn and Conditional Use Application process.

I In TESTIMONY THEREOF, I hereunto affix my signature to this deposition. I

1-J' Ian& Chong, Authorized Representative Ian Corporation I Lot No. 5224-3-3, Barrigada, Guam. I ACKNOWLEDGEMENT

I GUAM ) )ss. I City of Hagatna ) On this ~ day of ~ , 2010, before me personally appeared Ian Chong, known to me as theJ)eI'S ~ose name is subscribed to this instrument and who acknowledged to me that he executed the same.

Notary Public MARIE N. c. GUERRERO I NOTARY PUBLIC:: In and for Guam, U.S.A. · My Commission E.'Cpires: Jan. 12, 2014 P. 0. Box 5559 ff!igafftll nnAm QJ;Q~') I I I Exhibit C. Site Plan I I I I I I I I I I I I I I I

F.C. BENAVENTE, PLANNERS - 127 Bejong Street, Barrigada, GU 96913 Tel 671.988.7911 I Page 7of12 / ...... -- ...... , Sunday, October 03, 2010 Site Plan For Lot 5224-3-3, Barrigada, am I Far Proposed hlQ Corporation, Inc. Sales and Rental Building I \ Property Li ne \ ! - -· . ---1 Lot 5224-3-4 I \ 1 222'0" .. - - \

. I ~ r l a ' - .a ·' - & - & - a _& - :a . ~ ! ..... : - 2 .~ !J . ~ / \ I I I

c r ·r-1 W k Chain Unk Fence \ I , ..bJ or er 8 us ____.,, 1 J 1 Property Line _ _ _ t [C Parking I Entrance \ / /Exit Worl

~ ·::~,_ I ,;.;. Entrance /Exit

~A ___J Bus and Lot 5 Truck parking T 1415

222'0" Location of Subject Lot Fronting Benigno Benavente Street 50' Wide ..,_; Lot 5224-3-1 Property Line J Access Easement I ~

Oft . 24ft 40 ft . SO it. • I ~ I NORTH - p e 1 I I I Exhibit D. Existing Zoning Within 1,000' Radius I I I I I I I I I I I I I I I

F.C BENAVENTE, PLANNERS - 127 Bejong Street, Barrigada, GU 96913 Tel 671.988.7911 I Page 8of12 - - - ..... ------

HU

NORTH UU-U

Graphic Scale

EXISTING ZONING WITHIN 1,000 FT RADIUS of Lot 5224-3-3 Municipality of Barrigada

""·' \ , Hn o "I \\ l

Al R

Hh,>

Reference: l Dept of Land Management Official Zoning Map, Barrigatla-Oetfetlo. Sheet 5 of 17. 2. PL 22-18. 1 '\ Vartabl< Siu "'---. OoWMkf) Llnco

FC Benavente, Planners • Planning, NAVAL RF''>F'RVAT!ON 601.JNCARY' • Zoning ·-·----Ill • Land Development Consulting • Permitt ing

1n lk:io"ll StrcCI. IJarriGadL C111am 96913 Td. 671 HS-7911 Em.ii, 6:loubcng11.hoo.com I I I Exhibit E. Land Use Within 750' Radius I I I I I I I I I I I I I I I

F.C. BENAVENTE, PLANNERS - 127 Bejong Street, Barrigada, GU 96913 Tel 671.988.7911 I Page 9of12 .. - - - 111!11111 ------

Graphic Scale EXISTING LAND USE WITHIN 750 FT RADIUS of Lot 5224-3-3 Municipality of Barrigada

LAND USE LEGEND V Vacant S Single Family Dwelling Unit M Multi Family Dwelling Unit C Commercial Use LI Light Industrial

Road Conditions I. Bello Street 2-Lane 50' wide R/W, With Asphalt Pavement oGraded Shoulders. Generally Good Condi­ tion WUtilities (Water, Sewer, Power, Cable, Etc ) 2. Benigno Benavente Street 2-Lane 50' wide R/W. With Asphalt Pavement oGraded Shoulders. Generally Good Condition WUtilities (Water, Sewer. Power, Cable, EtcJ 3. Boman Street 2-Lane 50' wide R/W, With As­ phalt Pavement oGraded Shoulders. Goad Condition W Utilities. 4. Frank GBenavente Street. 2-Lane 50' wide R/W. With Asphalt Pavement nGraded Shoulders. Goad Condition WUtilities.

FC Benavente, Planners • Planning • Zoning • Land Development Consulting • Pennitting 127 Bcjong Street, Barrigada, Guam 96913 Tel: 671 988-7911 Email: [email protected] I I I Exhibit F. Property Within 500' Radius I I I I I I I I I I I I I I I

FC. BENAVENTE, PLANNERS - 127 Bejong Street, Barrigada, GU 96913 Tel 671.988.7911 I Page 10of12 111!11 .. ------

'-..~ :1 i !I: I ! Jy . ·-----,,!~! j ;1IL : 4-l . • .• '. ;: '1.-1'M01( l .t.WI( ta,_J( ~t•l·l ·l HU ~n• HU HH Hl«t i ~.. -1:1 ) MAP I I ' 444 ... 4) 1i o I I 1.,_l ___ - - _J,L_ --- ... SHOWING 11r·------~~;;----=-:-:: ..;....______Project Site ALL PROPERTY ~2l•·) :I~ ..RI ;, : $ •• WITHIN 500 FT RADIUS Lot 5224-3-3 :. 'l ~ f006f l I S·I t ft.#} I 'I OF SUBJECT Lot 5224-3-3

5: tlr. ~ ;05'. • 500 Feet Municipality Radius I of Barrigada

\ I '"'·" Notes: ~:-=r==--\. F'; I __, .. . ·- - ., " I - --==:~J~

HH

Ian Corporation PO Box 26764 Barrigada, GU 96921

nt• -J·"t ~ l l • · l ·• r-----t----.J . 1. 1 ·1·11 FC Benavente, Planners -1.9 f • Master Planning ~u; • Zoning •l.t .. ,, • Land Development Consulting • Permitting ~~n.,.z

~l•i 60V' T. Qr CV•>• ~Hl .& llNQ -... \ '" I I I Exhibit G. Property Map I I I I I I I I I I I I I I I

F.C. BENAVENTE, PLANNERS - 127 Bejong Street, Barrigada, GU 96913 Tel 671.988.7911 I Page 11 of12 r::;Rt,NI.._9£ ~. N :I

~'~~~~~~==:

LOT S2::G ta· d) b_?-- LC; 5::._44-3 .•1

LOT I LOT 522-t-3-4 rV ,_:_, .>'!

LOT 5224-::-R2

LGT ~,22_+3-3

rWTES LOT ~I °' ... f . .t··. . .. -.. ··~, .. ,, ·:I" ... LOT 5 224-.'H CERTlf-iCATC OF SUR'/£: YOR . ' it 'rl t.J .. bCRT ouP:.1 •'~' •n!, "<' :': ' :j -,.-v ·1' .;; . •, :-.' ~~ •r.·;_,f,/"''·h "' ' 1 LCT

r~ .' .-~- .//.. / . .f ---"~- h 'rl r:;lPt:.RT ·' L..-01 5224-3-2 'cf ,f l.OT ,::.,_: CERT:FICATE OF 'TERRITORIAL S'...IRVEYOR 15 -~ ? I ~f',;.'-' r!::- ~ } B L. 0 Cl\ 2 i..OT (]) LGT

l'Ji LOT 5224-.3- 2 1>'.37N - '~' SCHEME

LCT '.:-224-2·4 : :'-:',1 G t

IOLBERT B ASSOCIATES SURVEYORS ?LA,'rnERS ..:>.11sT:i.c, s:....:i:::, ,,.:;.:..011--- JuA~"1 ,;.,GRICGLTL..RAL SUBCIV,::;iON G·JT'< ·-::"IEkL.GCK ' CF L07 '.:224-3-R4 L..GT ~224-2-3 LOT 5224-3-R2 Y - LISONG , MUNIC1Pt,UTY OF BARRIGADA L[GE,'JD ;_,:.r;Q SQUARE 14 SECTION

L.. r,1 iJ'! ::-9-FY 7A I •. '· f L:...:...::.~_;:~-=:_-·-::_:=--v~ ... ~~-:;..<.. . . I ~, ~ --1

IF''I U~;._;;:. 10 6 ESPINC:'.A SC/..L..[ I • 2CO ii p< "~C:i '. :,] _, ,__. I T ' 74 -1''.:J I ( ~ -· '/ ~ I I ,_... ------

N LEGEND / ...... /- -- e NO. 4 REBAR FOUND, SET BY PLS NO. 61 L.Of ~'-4 I/ °" '- 0 HO. 4 RE8AR FOUND, NO IDENllFICA llON / \ ~ HO. 5 REBAR FOUND, HO IDENTIFICATION 1993A GRID s 88' 17' 44• w ; 222.30' I \ • 4X4 CONCRETE MONUMENT FOUND, NO IDENTIFICATION SCALE: 1"=50' s 88" 14' 42• w • 222.27' \ 172.JO' so.oo I ® HO. 4 REBAR Yl11H PLASTIC CAf> SET, MARKED PLS NO. 62 P.0.8._ \@ I 0 HO. 4 REBAR FOUND WITH CAP, MARKEO RLS NO. 33 \ I N 655702.0708 I E 356371.0528 / REFERENCE If!\ ...... I LOf ?2.U-1.-Ri ~ 1. L.M. NO. 579-FY74, ~GRICULTVRAL sueo. MAP OF' LOT 522~ \Bl'l- .11111> I . gg -3-R2. AS PREPAREO BY RLS NO. 16, DOC. NO. (/) Ill LOT 5224-3-3 T S!S! REC. AREA -= 43,561 ± SQ. FT. = 4,047 ± SQ. M. ;:·1 ~8.i ~ NOTES t.~ x -· - COMP. AREA= 43,565 ± SQ. FT. ~!:? 1. HCRZONTAL CONlROL WAS BASED ON FOUND PROPERTY ~Oi = 4,047 ± SQ. M. CORNERS AND 1993 GUAM GEODETIC NE™:>RI<. • • --;l 2. ALL DISTANCES ARE IN FEET & DECIMALS THEREOF' • .., "' Less: "!I OI "'~nI Easement Area • 5,697 ± SQ. FT. ~ mco .. ·· I ~ 3. BEARINGS & DISTANCES IN PARENTHESIS ARE RECORD DATA .... _I uiCD - ALL OlHERS ARE 1993 GRID. _... == 529 ±SQ. M. ·1 -i.._ ~i-1 o! "'I tf\ o· ~I i· ~~ NET AREA,:. 37,868 ± SQ. FT. -·

F.C. BENAVENTE, PL\NNERS -127 Bejong Street, Barrigada, GU 96913 Tel 671.988.7911 I Page 12of12 I

I FOR I RECORDATION AT THE 808406

I DEPARTMENT I OF I LAND MANAGEMENT

I SPACE ABOVE TIDS LINE FOR RECORDER'S USE ONLY I WARRANTY DEED I TO ALL WHOM THESE PRESENTS MAY COME, GREETINGS: Parties, Consideration and Grant

I KNOW YE, that we, LINDA LIN SUDA, a SJNCjL[;- woman, whose mailing address is P.O. BOX 10269 TAMUNING GUAM 96931, and KATHY FU, a 0!N0L6 woman, whose mailing address iSJ~ 70st ELMHURST NY 11370, who are hereinafter referred to as the 2 I "GRANTORS", fCtl0 gBJd and in lawful consideration in the sum of ($25.00), and other valuable consideration paid to us by, IAN CORPORATION dba IAN CONSTRUCTION, a Guam corporation, whose mailing address is P.O. BOX 26764 BARRIGADA GUAM 96921, who is hereinafter referred to I as the "GRANTEES", the receipt of which is hereby acknowledged, does hereby GRANT, BARGAIN, SELL and CONVEY unto the GRANTEES, in fee simple, forever, the following described parcel of I property: PROPERTY DESCRIPTION

I LOT NO. 5224-3-3, BARRIGADA, GUAM, ESTATE NO. 24787, SUBURBAN, as said lot is m~k,~:,~~fj

The following is shown for information purposes only: Said map shows the area to be 43,561 ± I square feet/4,047 ± square meters; Last Certificate of Title No. 61639, issued to Anna Wang Kao, a I married woman. I I TOGETHER with all and singular the buildings, improvements, ways, streets, alleys, passages, water-courses, rights, liberties, privileges, hereditaments, and appurtenances, whatsoever thereunto belonging or in anywise appertaining, and reversion, remainder and remainders, rents, issues and profits thereo~ ·pQ.q.a\}/~~ates, rights, title, property, claim and demand whatsoever, of the Grantors at law or in l,,' '! ·•' ' equity, in and to the same.

TO HAVE AND TO HOLD the same, together with all the hereditaments and appurtenances thereunto belonging and in anywise appertaining unto the GRANTEE and GRANTEE'S heirs, successors, administrators, and assigns, forever.

Grantors and Grantors' heirs, successors, administrators, and assigns, covenant with the said Grantee and Grantee's heirs, successors, administrators, and assigns, that Grantors are lawfully seized in fee simple of the granted preD': ses; that said premises are free from all encumbrances except; current real estate taxes not yet due and payable; rights of way, easements, covenants and restrictions of record; that Grantors have good right to sell and convey the same; and that Grantors and any of Grantors' successors and assigns will forever warrant and defend the same to the said Grantee and Grantee's heirs, successors, administrators, and assigns forever against the lawful claims and demands of all persons.

Grantors make no representations nor warranties that the Grantee may use the property for any particular purpose or that the Grantees may obtain a change of zone permit.

WA;ER AND POWER 5 Grantors further state that wate.· and power (electricity)~ ~ immediately available on the property or within 100 feet of the proper.) and that the Grantees are aware that the Government of Guam is not required to pay for water and power ( dectricity) hookups or extensions.

IN ~SS WHERE01'.':}je Grantors and the Grantees have caused these presents to be duly executed this f) day of'-- u~ . '2010.

GRANTORS: Jitiy :1, &o Io Date L

Date / ' 1~,\ FU Bf· LINDA LIN SUDA HER ATTORNEY-IN-FACT 808405 GRANTEES: IAN CORPORATION dba IAN CONSTRUCTION, a Guam corporation (]At~ BY:IAN ,f. CHONG AUTHOPJZED REPRESENTATIVE I

I GUAM, U.S.A. ) ) ss: I CITY OF TAMUNING ) ON THIS ~day of ~~ , 2010, before me, a Notary Public, in and for GUAM, U.S.A., personally appe~ LINDA LIN SUDA, who executed the foregoing I instrument and she acknowledged to me that she executed the same as her free and voluntary act and deed for the uses and purposes therein set forth.

I IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. I I Notary Public

I Seal JNETfE C CASTRO ANTioTARY PUBLIC 8 In an~ for Ou~·. 'j: ·f13, 2013 My commission l:'.xp1~· PfJnve I 888 N. Mann~ rp 8 96913 Suite 200 Tamuntntz, Quam I GUAM, U.S.A. ) ) ss: I CITY OF TAMUNING )

ON TmSoJi..1,) day oJ~ , 2010, a Notary Public, in and for GUAM, I U.S.A., personally appeared LINDA LINSUDA, known to me to be the attorney in fact for KATHY FU, and she acknowledge to me that she subscribed the name of KATHY FU, thereto as principal and I her own name as attorney in fact. WITNESS my hand and official seal. I I I Notary Public Seal ANTOINETTE C. CASTRO I NOTARY PUBLIC In and for Gu~m, U.S·!>-· 2013 My Commission Exp1res: Apnl. 13 • 888 N. Marine Corps Dnve I Suite 200 Tamuning, Guam 96913 I GUAM, U.S.A. ) ) ss: CITYOFTAMUNING )

ON TIDS :J.J.b day of Jubt ,2010, before me, a Notary Public, in and for GUAM, U.S.A., personally appeared iAN J. CHONG, known to me to be the authorized representative of IAN CORPORATION dba IAN CONSTRUCTION, a Guam corporation, the corporation therein named and he acknowledged to me he executed the within instrument on behalf of said corporation.

WITNESS my hand and official seal

Notary Public

Seal ANTOINETTE C. CASTRO NOTARY PUBLIC In and for Guam, U.S.A. My Commission Expires: April 13, 2013 888 N. Marine Corps Drive Suite 200 Tamuning, Guam 96913 1 87° 06 ;- E ' -~-----. -·r-~ 224.97

I ' f' P. 0.8. N = 173,270.04' I N LOT 5224-3-4 1 -.J E = 191,97-6.74 N A = 61,343 SO.FT. :: 5 699 SQ. M. I 1 ,- LOT 5224·2·R2 DOC.# 90773 C.T --#" 23882 'I I I

I I ! I. y I );:> • I 0 I 0 I ' rrr I l.O I CJ) I (X) LOT 5224·3-1 I l.O I CD U'I I co I fT1 ,A~ .i:. N A = 43,559.70 SQ.FT I Ui -··l. (I ~ I VJ : &; 1-- \o = 4,047 :t SQM. I - co I rn (J'l DOC.--# II i239 I l.O I 3: LOT 2 ~J C.T# 31848 I ~ 9'11 m DOC.#- 226070 I ! 01 z ! ~ l::· ! I \ VJ_, 11 _S_8_8_0 -,4~'-4-2 .,...._W_2_1_8_.4_6_,_J --<• I g 1 C:• ' I I 0 __ , I ! :k LOT 5224-3- 2 I -L lf I I . . I A = 43,560J2 SO:FT. J I - ~- ' ... 4,047± SO.M. l N : ~ I DOC.#- 118233 : ~ I l.O C.T. # 36319 I 0 I LOT GGTt\ so· w 1 O'l_ ' DOC #" 226070 N = 171 --- iae Ace ' I .f.:. £ = f8! ----f.Ss £SM'~ ~ -- I.I .I. I I -- s 221. 4 7';---J : : ',Doc -~ ---- 7'90 ' : ~- ---. 21 13 . t--~-...!_09137 -Q)-A

I: I I I' I I I I I. ti:) 5 REBAR REC6~ERE I z BY RLS 16 ,.,, ,r z', I ' ' ..-.r aa• 14• 42'' J: ~.!~..' ~ NO. 5 REBAR 0 / ·- LOT 2 0 222.27' \ o I RECOVERED SET BY RLS 16 \ - o I I ,I ~ ' '~ r' I I I _, LOT 5224"3·3~ N.t I. A = 43, 561 SQ. FT. 1 °' = 4,047 SO.M. : vi_ c:;_: . I ·1 I t UI I I o_ 4"X4" CONC. N ~ ..... I If l I ~fN.:-1rITT~;...;._-+if-....;.;..;;,00;..-~14~4~2;...:E~·~2~20~.3~7~'~ 1 .-4~ ~ MON. SET I ~ <.( LOT 5 I ~ t NO. 4 REBAR WITH PLASTIC I CAP MA'RKED RLS 61 SET ON ~,--LP AV EWE MT LOT 5224·3· I I I

C E R T I F I C A T I 0 N : I THE UNDERSIGNED HEREBY CERTIFY THAT THIS SKETCH WAS PREPARED BY ME BASED ON THE FIELD SURVEY MADE I JUNE 05, 1999, IN ACCORDANCE WITH THE SURVEY DATA SHOWN ON DRAWING NO. T.A. 74-19, L.M. No. 579-FY74, PREPARED BY TOLBERT AND ASSOCIATES FILED AT THE I DEPARTMENT OF LAND MANAGEMENT UNDER DOCUMENT NO. I 111239. I. I I I I