817, Remodel with addition of exist, Resolutions & Approval Conditions•
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RECORDING REQUESTED BY AND
MAIL TO:
CITY OF ROLLING HILLS
PLANNING DEPARTMENT
2 PORTUGUESE BEND RD.
ROLLING HILLS, CA 90274
(310) 377-1521
(310) 377-7288 FAX
T RECORDER'S USE ONLY
THE REGISTRAR -RECORDER'S OFFICE REQUIRES THAT THE FORM BE NOTARIZED BEFORE
RECORDATION.
AFFIDAVIT OF ACCEPTANCE FORM
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES
CITY OF ROLLING HILLS
4
§§
ZONING CASE NO. 817
XX SITE PLAN REVIEW -NEW REISDENCE XX VARIANCES
I (We) the undersigned state
I am (We are) the owner(s) of the real property described as follows:
38 SADDLEBACK ROAD, ROLLING HILLS, CA 90274 (LOT 12-1-RH)
This property is the subject of the above numbered case and conditions of approval
I am (We are) aware of, and accept, all the stated conditions in said ZONING CASE NO. 817
XX SITE PLAN REVIEW -NEW REISDENCE XX VARIANCES
I (We) certify (or
141
aclareder the penalty of perjury that the foregoing is true and correct.
Sig ature Y Signature
M ria Rosa ursage - Maria Rosa Cursage 2001 Trust
Name typed or printed Name typed or printed
Address 38 saddleback Rd.
Rolling Hills, Ca 90274
City/State
Address
City/State
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Signatures must be acknowledged by a notary public.
See Attached Exhibit "A", RESOLUTION OF APPROVAL NO. 2012-13
State of California )
County of Los Angeles )
On E-'a3—Atoi�
Personally
appeared
before me,
=v. \ \Av'% 1
(\r\ S S rSa. t_
who proved to me on the basis of satisfactory evidence to be the person( whose name(e) is/ are
subscribed to the within instrument and acknowledged to me that he/ she/ they executed the same in
h+s/her/their authorized capacity(iss.) and that by his/ her Abair signature(s)-on the instrument the
person(}, or the entity upon behalf of which the person(s)-acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS by hand and official seal.
Signature of Notary
( Seal)
DAYApATHAti KULRI L �
Ccmmtosion a te55685
I Lary Pubtra - Calttornla
Loa Anzls County
L'+v Conn. Exotres Jut 31. ipip
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RESOLUTION NO. 2012-13
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR
GRADING AND CONSTRUCTION OF A NEW RESIDENCE WITH
BASEMENT AND SWIMMING POOL AND A VARIANCE TO ENCROACH
WITH A PORTION OF THE RESIDENCE INTO THE FRONT YARD SETBACK
IN ZONING CASE NO. 817, AT 38 SADDLEBACK ROAD, (LOT 12-1-RH),
(RUGGIO/ CURSAGE).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES
HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was duly filed by Ms. Rosa Cursage and Ms. Adrianna
Ruggio with respect to real property located at 38 Saddleback Road requesting a Site Plan
Review for grading of total of 358 cubic yards of cut and 358 cubic yards of fill to be balanced
on site and 1,582 cubic yards of excavated material to be exported from the site; to construct a
new 5,017 square foot residence with 762 square foot attached garage, 3,646 square foot
basement, 324 square feet covered porches, 94 square foot trellis and 800 square foot
swimming pool with 150 square foot spillway. The applicants also seek a Variance to allow 147
square feet of the new residence to encroach into the front yard setback.
The existing two-story stable and corral will remain on the property.
Section 2. The Planning Commission conducted duly noticed public hearings to
consider the application at regular meeting on May 15, 2012, June 19, 2012, July 17, 2012 and at
a field trip to the property June 19, 2012. Several neighbors were present at the meetings
including the field trip and provided testimony regarding this project. The applicants revised
the project several times to reduce the height of the development and the size of the residence,
but increased the basement and swimming pool. The applicants were notified of the public
hearings in writing by first class mail. Evidence was heard and presented from all persons
interested in affecting said proposal and from members of the City staff and the Planning
Commission having reviewed, analyzed and studied said proposal. The applicant's
representative was in attendance at the hearings.
Section 3. The property is zoned RAS-1 and the gross lot area is 1.26 acres.
Deducting the roadway easement, the lot is 1.22 acres. For development purposes the net lot
area of the lot is 43,806 square feet or one acre. The lot is a flag lot sharing a driveway access
from Saddleback Road with 36 Saddleback Road. This property was created as a result of a lot
split in 1969. The house and detached garage were constructed in 1939 and grading for the
corral, barn and construction of a two-story barn was completed in 1965. The building permit
shows 3 stalls, tack room and hayloft.
Section 4. The property is developed with a two-story stable consisting of 533 square
foot stable space and 813 square foot loft and a corral area. The upper level of the stable,
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sometimes in the past, was converted to an office and has been used as an office since. There
are no records of building permits for the conversion. This situation will be corrected with this
application.
Section 5. The lot was previously graded and there are several terraced areas
separated by railroad tie walls, ranging from 3 to 6 feet in height. The disturbed area of the lot
is 67.3% of the net lot area. The applicants propose to re -grade much of the previously graded
areas to eliminate some of the terraces and the railroad tie walls and to create a larger building
pad not steeper than 10% in grade. The applicants will utilize the existing driveway approach
and the existing access to the stable.
Section 6. An ordinance was recently adopted allowing reconstruction of residences
within the original footprint and encroachment, providing the property is located in the RAS-1
zoning district, is not larger than 1.25 acres in size (excluding roadway easements), and the
encroachment is not greater than 20' into the front setback and not greater than 10' into the
side setback. Ordinance No. 326 became effective on May 23, 2012.
The subject property meets the criteria of Ordinance No. 326 and the applicants propose to
construct the new residence within the same side yard encroachment as the existing residence,
and encroach up to 20' into the front setback with similar, but lesser, encroachment as the
existing residence. Pursuant to the new ordinance, these encroachments do not require a
Variance. However, additional encroachment with 147 square feet into the front yard setback
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s proposed in an area where currently there is no encroachment. A Variance for this
encroachment is required.
Section 7. The Planning Commission finds that the project qualifies as a Class 3
Exemption, and is therefore categorically exempt from environmental review under the
California Environmental Quality Act.
Section 8. Section 17.46.030 requires a development plan to be submitted for Site
Plan Review and approval before any grading requiring a grading permit or any new building
or structure may be constructed or any expansion, addition, alteration or repair to existing
buildings may be made which involve changes to grading or an increase to the size of the
building or structure by not more than 999 square feet in any thirty-six (36) month period.
With respect to the Site Plan Review application requesting grading and construction of a new
residence and accessory structures, the Planning Commission makes the following findings of
fact:
A. The proposed development is compatible with the General Plan, the Zoning
Ordinance and surrounding uses because the proposed structures comply with the General
Plan requirement of low profile, low -density residential development with sufficient open
space between surrounding structures. The lot size is adequate to accommodate the new
residence and not look overdeveloped. The newer homes in the neighborhood are similar in
size to the proposed home on similar lots. The project conforms to Zoning Code lot coverage
requirements. The net lot area of the lot is 43,806 square feet. The structural net lot coverage is
proposed at 18.1%, which includes all the structures, with allowance for permitted deductions,
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(20% max. permitted); and the total lot coverage proposed will be 28.7%, (35% max.
permitted). The disturbed area of the lot is legal non -conforming at 67.3% and no additional
disturbance is proposed.
B. The development plan substantially preserves the natural and undeveloped state
of the lot by minimizing building coverage because the new structure will not cause the lot to
look overdeveloped. Significant portions of the lot will be left undeveloped so as to maintain
open space on the property. The applicants propose utilizing the existing building pad in
addition to grading of sloped areas to create gentler slopes and more natural terrain. The rear
of the lot is steep and the natural topography of the sloped areas will remain. The nature,
condition, and development of adjacent uses, buildings, and structures and the topography of
the lot have been considered, and the construction of the new house will not adversely affect
or be materially detrimental to the adjacent uses, buildings, or structures because the proposed
structure will be constructed on a portion of the lot which is least intrusive to surrounding
properties, will be screened and landscaped with trees and shrubs, is a sufficient distance from
nearby residences so that the proposed structures will not impact the view or privacy of
surrounding neighbors, and will substantially utilize the existing building pad.
C. The proposed development, as conditioned, is harmonious in scale and mass
with the site, the natural terrain and surrounding residences. The proposed house is not
excessive for the size of the lot. The project takes advantage of the new ordinance and
eliminates additional grading, therefore preserving the natural terrain in the rear of the lot, as
well as an existing stable and corral area.
D. The development plan incorporates existing trees and is screened from other
properties, which will be preserved. The applicant is proposing to keep the trees and shrubs
along the northern property line to screen the swimming pool from the neighbors to the north.
E. The development plan follows to the maximum extent practicable contours of the
site to minimize grading and retain the natural drainage courses. The project utilizes most of
the existing building pad area, however portions of the lot will be filled to create gentler pad.
The graded areas will be landscaped.
F. The proposed development is sensitive and not detrimental to the convenience
and safety of circulation for pedestrians and vehicles because the existing driveway will be
utilized and a larger than existing garage will be constructed to house more cars.
G. The project conforms to the requirements of the California Environmental
Quality Act and is exempt.
Section 9. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code
permit approval of a Variance from the standards and requirements of the Zoning Ordinance
when exceptional or extraordinary circumstances applicable to the property and not applicable
to other similar properties in the same zone prevent the owner from making use of a parcel of
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property to the same extent enjoyed by similar properties in the same vicinity. A Variance to
Section 17.16.110 is required because it states that every lot in the RAS-1 zone shall have a front
setback of not less than 50 feet from the roadway easement line and shall be unobstructed. The
applicant is requesting a Variance to encroach 147 square feet into the front setback. With
respect to this request for a Variance, the Planning Commission finds as follows:
A. There are exceptional and extraordinary circumstances and conditions applicable
to the property that do not apply generally to the other property or class of use in the same
zone. The existing residence has been developed in 1939 and it encroaches into the front
setback. The encroachment permits the use of the lot to the extent allowed for other properties
with similar lot configurations. The lot was graded at that time to create a pad for construction
in a manner that the structure was placed towards the front of the property. The topography of
the lot together with the fact that the existing pad and residence are located in the front setback
create difficulty in constructing the new residence elsewhere on the property without
intruding on neighbors privacy.
B. The Variance is necessary for the preservation and enjoyment of a substantial
property right possessed by other property in the same vicinity and zone, but which is denied
to the property in question. The Variance is necessary because the existing terrain and
development on the lot creates a difficulty in placing the new construction elsewhere on the
property. The lot is located on a very unique property where it is accessed along other
property and the neighboring house is very close to the property line, therefore moving the
house out of the front setback in a northerly direction would put the house very close to the
neighboring house.
C. The granting of the Variance would not be materially detrimental to the public
welfare or injurious to the property or improvements in such vicinity and zone in which the
property is located. The proposed construction will be constructed on an existing building
pad, will be the least intrusive to surrounding properties, will be screened and landscaped, is
of sufficient distance from nearby residences and is a lesser encroachment than currently exists
into the front setback. The development will not impact the view or privacy of surrounding
neighbors, and will permit the owners to enjoy their property without deleterious
infringement on the rights of surrounding property owners.
D. In granting of the Variance the spirit and intent of the Zoning Ordinance will be
observed in that the proposed construction will be orderly, attractive and shall protect the
rural character of the community. The proposed residence will not encroach into the existing
or potentially future equestrian uses on the property. A stable and corral will be retained on
the lot.
E. The Variance request is consistent with the General Plan of the City of Rolling
Hills because the proposed structures comply with the General Plan requirement of low
profile, low -density residential development with sufficient open space between surrounding
structures.
Section 10. Based upon the foregoing findings in Sections 8 and 9, the Planning
Commission hereby approves the Site Plan Review application and a Variance as shown on
the Site Plan dated July 9, 2012 subject to the following conditions:
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A. The conditions of approval specified herein shall be printed on all construction
plans and shall be available at all times at the construction site.
B. The Site Plan Review and Variance approvals shall expire within two years from
the effective date of approval if construction pursuant to this approval has not commenced
within that time period, as required by Sections 17.46.080(A), 17.42.070(A) and 17.38.070(A) of
the Rolling Hills Municipal Code, or the approval granted is otherwise extended pursuant to
the requirements of those sections.
C. It is declared and made a condition of the approval, that if any conditions thereof
are violated, this approval shall be suspended and the privileges granted hereunder shall
lapse; provided that the applicants have been given written notice to cease such violation, the
opportunity for a hearing has been provided, and if requested, has been held, and thereafter
the applicant fails to correct the violation within a period of thirty (30) days from the date of
the City's determination.
D. All requirements of the Building and Construction Code, the Zoning Code, and
of the zone in which the subject property is located, including City of Rolling Hills and RHCA
roofing material standards, building material standards, Outdoor Lighting Standards and
others, must be complied with unless otherwise set forth in this approval, or shown otherwise
on an approved plan.
E. The lot shall be developed and maintained in substantial conformance with the
site plan on file dated July 9, 2012 including the landscaping plan for screening of the pool.
G. The working drawings submitted to the Department of Building and Safety
(either County or Willdan Engineering), for plan check and construction review must conform
to the development plan approved with this application. In addition, prior to submittal of final
plans to the Building Department for issuance of building permits, the plans for the project
shall be submitted to staff for verification that the final plans are in compliance with the plans
approved by the Planning Commission.
H. Grading shall not exceed 358 cubic yards of cut, 358 cubic yards of fill to be
balanced on site; and 1,582 cubic yards of excavated material, which may be exported from the
site.
I. Structural lot coverage shall not exceed 7,922 square feet or 18.1% of the net lot
area, (excluding 150 sq.ft. allowed ancillary spillway).
J Total lot coverage of structures and paved areas shall not exceed 12,564 square
feet or 28.7% in conformance with lot coverage limitations.
K. The grading plan review shall include the review of the existing retaining walls,
and permits shall be obtained, if required by the Building Official. Any new walls may not
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exceed 3' in height, except as shown on the approved development plan, and the trash
enclosure may be 6 feet in height and the pool equipment enclosure may be 4 feet in height.
L. The lot may not be disturbed more than is currently disturbed. The disturbance
of the net lot shall not exceed 29,464 square feet of surface area or 67.3%.
M. Residential building pad coverage on the 7,487 square feet residential building
pad shall not exceed 34.6% (not including portion of the covered porches & trellis).
N. A minimum of four -foot level path and/or walkway, which does not have to be
paved, shall be provided around the entire perimeter of the residence and garages.
O. The highest ridgeline of the proposed residence shall be one foot lower than the
existing residence, as agreed upon by the applicants and neighbors at 42 Saddleback Road.
Certification of ridge height of the residence from a civil engineer shall be submitted prior to
completion of the project.
P. The existing stable shall remain on site and be maintained as a stable with uses
permissible by the Zoning Ordinance for stables. The loft area may be used as a tack room, but
shall be no larger than 800 square feet. Modification to the tack room is required to reduce it to
the allowed square footage. There shall be no other tack room in the stable structure.
Q. All applicable building permits for the previous conversion of the loft to an office
and for all new work shall be obtained. The Building Inspector shall determine if electrical
upgrades were made in the stable structure, and if yes, the utility lines to the stable shall be
placed underground.
R. All utility lines for the new residence shall be placed underground.
S. The applicants shall be required to conform to the City of Rolling Hills Water
Efficient Landscape Ordinance, Chapter 13.18 of the Municipal Code. The applicant shall
submit to the City two copies of a landscaping and irrigation plan and water usage
certification prior to obtaining grading or building permits. Within 90-days of completion of
the construction of the project, the applicant shall submit a landscaping compliance
certification.
T. A fuel modification plan, a landscape plan, and an irrigation plan prepared by a
registered landscape architect, landscape designer, landscape contractor, or an individual with
expertise acceptable to the forestry division of the fire department shall be submitted and
approved. After the forestry division of the fire department has approved such final plan, a
signed copy of a Covenant and Agreement for maintenance shall be recorded at the registrar-
recorder/county clerk's office and copy submitted to the City.
U. The swimming pool shall be screened from the neighbors at 34 Saddleback Road
at all times, subject to staff's review and approval of a landscaping plan.
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V. The pool equipment area shall be screened by a solid wall, not to exceed 4' in
height and sound attenuating equipment installed to dampen the sound emanating from the
equipment. The swimming pool spillway shall utilize the most quiet and technologically
advanced equipment to dampen the sound.
W. All graded areas shall be vegetated utilizing to the greatest extent feasible
mature native and drought resistant plants. Plants shall be utilized, which are consistent with
the rural character of the community and meet the fire department requirements for fire
resistant plants. If additional trees and shrubs are planted, other than for screening of the pool
area, they shall be of a type that would not result in a hedge like configuration, and at
maturity not exceed the height of the roof line of the residence, or impair any views.
X. Prior to the issuance of any building or grading permit two copies of a
preliminary landscape and irrigation plan, including pool -screening plan, shall be submitted
for review by the Planning Department. A security in the amount of the cost estimate of the
implementation of the landscaping plan (including irrigation), plus 15% shall be required to be
posted prior to issuance of a grading and building permits and shall be retained with the City
for not less than two years after landscape installation. The retained security will be released
by the City after the City Manager determines that the landscaping was installed pursuant to
the landscaping plan as approved, and that such landscaping is properly established and in
good condition.
Y. The proposed basement shall not exceed 3,646 square feet and shall meet all
requirements of the Los Angeles County Building Code for basements, including exit doors
and provision for light and ventilation. The basement light well walls shall be screened from
view from the neighbors.
Z. Minimum of 50% of the demolition and construction spoils shall be recycled and
diverted. The hauler must be licensed by the City, must have the appropriate insurance and
must provide the appropriate documentation of recycling to the City.
AA. There shall be no dumping of any debris, trash, soil spoils, construction materials
or any other matter into the canyons.
AB. The property lines, easement lines and setbacks, where possible, in the vicinity of
the areas of construction, shall be delineated during the entire duration of the construction and
no grading, construction or storage of any objects including building materials shall take place
in the easement, unless approved by the RHCA.
AC. During construction, the property owners shall be required to schedule and
regulate construction and related traffic noise throughout the day between the hours of 7 AM
and 6 PM, Monday through Saturday only, when construction and mechanical equipment
noise is permitted, so as not to interfere with the quiet residential environment of the City of
Rolling Hills.
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AD. During grading and construction operations, trucks shall not park, queue and/or
idle at the project site or in the adjoining right-of-way before or after the permitted hours of
operations. To the maximum extent possible, staging of equipment and parking of vehicles
during construction shall be on site.
AE. As part of the soils and geology report, location for a future septic tank to serve
the new single family residence will be established. All applicable State and County
requirements, including County Health Department, pertaining to septic tanks construction
and maintenance shall be complied with.
AF. The applicants shall comply with requirements for bonding for grading and all
other requirements resulting from the review of the soils and geology reports.
AG. The applicant shall submit a detailed drainage plan including hydrology study, if
required, to the drainage engineer. To the maximum extent practicable, additional drainage
generated from the development shall be retained and dissipated on site. Prior to issuance of
any grading permits such approved plan shall be submitted to the Planning Department for
review and filing.
AH. No drainage device may be located in such a manner as to contribute to erosion
or,in any way affect an easement, trail or adjacent properties. The energy dissipaters shall be
designed in such a manner as to not cross over any equestrian trails or easements. The
drainage system(s) shall not discharge water onto a trail, shall incorporate earth tone colors,
including in the design of the dissipater and shall be screened from any trail and neighbors
views to the maximum extent practicable, without impairing the function of the drainage
system.
AI. The property owners shall be required to conform to the Regional Water Quality
Control Board and County Public Works Department requirements for the installation and
post construction maintenance of stormwater drainage facilities.
AJ. During construction, conformance with the air quality management district
requirements shall be complied with, so that people or property are not exposed to undue
vehicle trips, noise, dust, and objectionable odors. The grading activities shall be watered on a
daily basis, or more often, if necessary.
AK. The property owners shall be required to conform to the Regional Water
Quality Control Board and County Public Works Department Best Management Practices
(BMPs) related to solid waste and storm management.
AL. An Erosion Control Plan per Building Code requirements shall be prepared to
minimize erosion and to protect slopes and channels to control storm water pollution as
required by the Code.
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AM. The property owner and/or his/her contractor/applicant shall be responsible
for compliance with the no -smoking provisions in the Municipal Code.
AN. The contractor shall not use tools that could produce a spark, including for
clearing and grubbing, during red flag warning conditions. Weather conditions can be found
at: http://www.wrh.noaa.gov/lox/main.php?suite=safety&page=hazard definitions#FIRE. It
is the sole responsibility of the property owner and/or his/her contractor to monitor the red
flag warning conditions.
AO. Until the applicants execute and record an Affidavit of Acceptance of all
conditions of this Site Plan Review and Variance approvals, as required by the Municipal
Code, the approvals shall not be effective.
AP. All conditions of the Site Plan and Variance approvals, that apply, shall be
complied with prior to the issuance of grading or building permit.
AQ. Any further modification to the project or development on the property,
including but not be limited to increase in grading quantities, limits of grading or disturbed
area or additional structures shall be reviewed by the Planning Commission, pursuant to
Section 17.46.040C of the Rolling Hills Municipal Code. Except that a landscaping plan may
be reviewed and approved by staff.
AR. The applicant shall pay all of the applicable Building and Safety and Public
Works Department fees and Palos Verdes Peninsula Unified School District fees for new
residence.
AS. Any action challenging the final decision of the City made as a result of the
public hearing on this application must be filed within the time limits set forth in Section
17.54.070 of the Rolling Hills Municipal Code and Code of Civil Procedure Section 1094.6.
PASSED, APPROVED AND ADOPTED THIS 17th DAY OF JULY 2012.
ATTEST:
HEIDI LUCE, DEPUTY CITY CLERK
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2012-13 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL FOR A SITE PLAN REVIEW FOR
GRADING AND CONSTRUCTION OF A NEW RESIDENCE WITH
BASEMENT AND SWIMMING POOL AND A VARIANCE TO ENCROACH
WITH A PORTION OF THE RESIDENCE INTO THE FRONT YARD SETBACK
IN ZONING CASE NO. 817, AT 38 SADDLEBACK ROAD, (LOT 12-1-RH),
(RUGGIO/ CURSAGE).
was approved and adopted at a regular meeting of the Planning Commission on July 17, 2012
by the following roll call vote:
AYES: Commissioners Henke, Mirsch, Smith and Chairman Pieper.
NOES: None.
ABSENT: Vice Chairman Chelf (excused).
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices.
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38 Saddleback
HEIDI LUCE
DEPUTY CITY CLERK
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