937, Construct a new retaining wall, CorrespondenceJ
•
April 10, 2018
Candice Warren
109 Bear Creek Lane
Bellingham, WA 98229
•
.-.15/1g
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377-7288
ZONING CASE NO. 937. Request for Variances -11 Saddleback Road
This letter shall serve to notify you that the City Council at their regular meeting on
April 9, 2018, approved a resolution granting your request in Zoning Case No. 937.
Before this case takes effect you are required to record an Affidavit of Acceptance
Form together with the subject Resolution in the Office of the County Recorder.
Please make a copy of the Resolution for your files.
The conditions of approval must be printed onto the Cover Sheet of the final plans.
I am enclosing a copy of RESOLUTION NO. 2018-03, specifying the conditions of
approval set forth by the City Council and the approved Development Plan to keep
for your files. Please complete the enclosed AFFIDAVIT OF ACCEPTANCE FORM,
have the signature(s) notarized, and forward, (or hand deliver), the completed form
and the Resolution to:
OR
Los Angeles County Registrar -Recorder
Real Estate Records Section
12400 East Imperial Highway
Norwalk, CA 90650
LAX Courthouse
11701 S. La Cienega Blvd. 6th Floor
Los Angeles, CA 90045
310-727-6142
Mon -Fri 8:30 a.m. to 11:00 a.m. and 1:00 p.m. to 3:30 p.m
Please confirm the cost with the County Clerks Office for recordation of the
documents.
C+
Printed on Recycled Paper
• •
Please keep a copy of the plans with the conditions printed on the plans on site and
assure that your engineer, architect and contractor adhere to the conditions in the
Resolution during the construction process.
Please feel free to call me at (310) 377-1521 if you have any questions.
Sincerely,
Julia)Stewart
Acting Planning Director
Enclosures: AFFIDAVIT OF ACCEPTANCE FORM
RESOLUTION NO. 2018-03
DEVELOPMENT PLAN
cc: Gary Wynn, Wynn Engineering Inc.
Robert Gaudenti, GS Companies
• •
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
1 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
ZONING CASE NO. 937
XX VARIANCES
I (We) the undersigned state
) §§
(SEE EXHIBIT A - ATTACHED)
I am (We are) the owner(s) of the real property described as follows:
11 SADDLEBACK ROAD, ROLLING HILLS, CA 90274 (LOT 48-1-RH and 48-2-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. 937
XX VARIANCES
I (We) certify (or declare) under the penalty of perjury that the foregoing is true and correct.
Signature Signature
Name typed or printed Name typed or printed
Address Address
City/State City/State
• •
See Exhibit A attached
Signatures must be acknowledged by a notary public.
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
STATE OF
COUNTY OF
}
}
On . before me, , a Notary
Public, personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their authorized capacity(ies), and that by his/her/their
signature(s) on the instrument the person(s), 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 my hand and official seal.
Signature:
Name of Notary:
Date Commission Expires
Commission No.
ExIAi*-t- A
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RESOLUTION NO. 2018-03
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL FOR VARIANCES TO CONSTRUCT
A NEW RETAINING WALL WITH A MAXIMUM HEIGHT OF UP TO 4 1/2
1 EET LOCATED WITHIN A SETBACK AREA, AND ALLOW AN AS -BUILT
PORTION OF A RIDING ARENA WITH A MAXIMUM 10 FOOT
ENCROACHMENT LOCATED IN THE FRONT YARD SETBACK IN ZONING
CASE NO. 937. THE SUBJECT PROPERTY IS 11 SADDLEBACK ROAD (LOT 48-
1-RH 48-2-RH) ROLLING HILLS, CA (WARREN).
THE PLANNING COMMISSION DOES HEREBY FIND, RESOLVE AND ORDER AS
FOLLOWS:
Section 1. An application was duly filed by Candice Warren, to request
Variances to construct a portion of a retaining wall on the southeasterly side of the
dressage arena to be located in the side and front setback, and permit encroachment of an
as -built dressage arena. The southeasterly wall is 4 1/2 feet in height at its highest point
tapering off to 2 Y2 feet on one side and approximately 18 inches on the other side. The
average wall height is less than 2 lh feet high. The as -built dressage arena encroaches a
maximum of 10 feet into the front yard setback. The original approved plan allowed for
the arena to be partially located in the front yard area outside of the required setback.
Section 2. The Planning Commission conducted duly noticed public hearings to
consider the application beginning at their field visit on February 20, 2018. The hearing
was continued to the evening Planning Commission meeting held on that same date. After
review and discussion of additional landscaping for the project, the Planning Commission
directed staff to prepare a Resolution of approval.
Section 3. The property is zoned RAS-1 and the lot area (after the lot line
adjustment) is 3.25 acres. For development purposes the net lot area of the lot is 98,358
square feet, 2.26 acres. The existing residence is a 3,069 square foot house with a 475 square
foot attached garage and 1,163 square foot detached garage.
Previously Approved Project
In 2016, the City Council ratified the Planning Commission's approval in Zoning Case No.
896. The previously approved project included a Lot Line Adjustment (LLA) to merge two
lots, containing 1.8 acres and 1.4 acres gross, into one lot which would result in a lot
having 3.2 acres gross and 2.258 acres net, as calculated by the City for development
purposes. The lot line adjustment has been completed.
In conjunction with the lot merger, the applicant received approval, per Resolution No.
2016-08, of a Conditional Use Permit to construct a 13,860 square foot dressage arena, to
convert the existing garage, partially located in the front yard setback to a 2,415 square
foot stable and add a 625 square foot loft and 1,685 square foot corral; Site Plan Review for
Reso. 2018-03 1
11 Saddleback Road
a 4,745 square foot residence plus 659 square foot garage, and other accessory structures,
10,620 cubic yards of grading plus 13,000 c.y. of overexcavation and recompaction; and
Variances to locate the equestrian facilities in the front yard area of the lot and to exceed
the maximum disturbed area of 40% by up to 83%.
In 2017, the applicant submitted a revised version of Zoning Case No. 896 which included
changes to the grading of the dressage arena, alterations to the residence remodel, a new
stable structure adjacent to the dressage arena, and the elimination of various pathways on
the property thereby reducing the project from the approved 83% lot disturbance to 42%
lot disturbance. Zoning Case No. 937 allows for the completion of the dressage arena with
a change in location of a retaining wall to a less visible location and an orientation of the
dressage arena closer to the roadway easement to the east.
Section 4. The Planning Commission finds that the project is categorically exempt
pursuant to Section 15303, Class 3 of the California Environmental Quality Act (CEQA).
Section 5. Sections 17.38.010 through 17.38.050 of the Code permit approval of a
variance from the standards and requirements of the Zoning Ordinance when, due to
exceptional or extraordinary circumstances applicable to the property and not applicable
to other similar properties in the same zone, strict application of the Code would deny the
property owner substantial property rights enjoyed by other properties in the same
vicinity and zone. The applicant seeks a variance from the requirement from 17.16.110.
that maintains every lot shall have a 50 foot 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 or to the intended use that do not apply generally to the other
property or class of use in the same zone because the subject property has roadway
easement frontage on three sides of the property increasing the area of setback.
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 because many properties in the immediate vicinity have
equestrian uses located in front of the existing residences. Further, once the property is
landscaped, the as -built encroachment into the setback will not be visible from the
roadway easement.
The newly proposed 4 1/z foot wall is in a better location than the previously
approved retaining wall and will not be visible from the roadway easement.
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 because it would reduce the area on the property used for
equestrian purposes. The dressage arena is compatible with the desired rural aesthetic of
Reso. 2018-03
11 Saddleback Road
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Rolling Hills and therefore would not affect property values. The arena will remain as
open space.
D. The variance is consistent with the portions of the County of Los Angeles
Hazardous Waste Management Plan relating to siting and siting criteria for hazardous
waste facilities.
E. The variance request is consistent with the General Plan. The proposed
project, together with the variances, will be compatible with the objectives, policies,
general land uses and programs specified in the General Plan and will uphold the City's
goals to protect and promote construction that is rural in nature.
Section 6. Based upon the foregoing findings, the Planning Commission hereby
approves Zoning Case No. 937. Variances to construct a portion of a retaining wall on the
southeasterly side of the dressage arena is proposed to be located in the side and front
setback and permit encroachment of an as built dressage arena. The southeasterly wall is
4 1/2 feet at its highest point tapering off to 2 / feet on one side and approximately 18
inches on the other side. The average wall height is less than 21/2 feet high. The as -built
dressage arena encroaches a maximum of 10 feet into the front yard setback. The
proposed Variances would be subject to the following conditions:
A. The Variance approvals shall expire within two years from the effective date
of approval as defined in Sections 17.46.080, 17.42.070 and 17.38.070, unless otherwise
extended pursuant to the requirements of this section.
B. If any condition of this resolution is violated, the entitlement granted by this
resolution shall be suspended and the privileges granted hereunder shall lapse and upon
receipt of written notice from .the City, all construction work being performed on the
subject property shall immediately cease, other than work determined by the City
Manager or his/her designee required. to cure the violation. The suspension and stop
work order will be lifted once the Applicant cures the violation to the satisfaction of the
City Manager or his/her designee. In the event that the Applicant disputes the City
Manager or his/her designee's determination that a violation exists or disputes how the
violation must be cured, the Applicant may request a hearing before the City Council. The
hearing shall be scheduled at the next regular meeting of the City Council for which the
agenda has not yet been posted; the Applicant shall be provided written notice of the
hearing. The stop work order shall remain in effect during the pendency of the
hearing. The City Council shall make a determination as to whether a violation of this
Resolution has occurred. If the Council determines that a violation has not occurred or has
been cured by the time of the hearing, the Council will lift the suspension and the stop
work order. If the Council determines that a violation has occurred and has not yet been
cured, the Council shall provide the Applicant with a deadline to cure the violation; no
construction work shall be performed on the property other than work designated by the
City Council to accomplish the cure, unless and until the violation is cured by the
deadline, as determined by the City Manger or his/her designee. If the violation is not
Reso. 2018-03 3
11 Saddleback Road
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cured by the deadline, the Council may either extend the deadline at the Applicant's
request or schedule a hearing for the revocation of the entitlements granted by this
Resolution pursuant to Chapter 17.58 of the Rolling Hills Municipal Code (RHMC).
C. All requirements of the Building and Construction Ordinance, the Zoning
ordinance, and of the zone in which the subject property is located must be complied with
unless otherwise set forth in this permit, or shown otherwise on an approved plan.
D. The lot shall be developed and maintained in substantial conformance with
the site plan on file dated February 14, 2018, except as otherwise provided in these
conditions. The working drawings submitted to the Department of Building and Safety for
plan check review shall conform to the approved development plan. All conditions of the
Variance approvals shall be incorporated into the building permit working drawings, and
where applicable complied with prior to issuance of a grading or building permit from the
building department.
The conditions of approval of this Resolution shall be printed onto building plans
submitted to the Building Department for review and shall be kept on site at all times.
Any modifications and/or changes to the approved project, including resulting from field
conditions, shall be discussed and approved by staff prior to implementing the changes. A
modification may require a public hearing before the Planning Commission if the
modification represents a major modification to the project.
F. The Plans shall be submitted to the LA County Building and Safety
Department for review, issuance of permits and inspections. Prior to submittal of final
working drawings to Building and Safety Department for issuance of building permits, the
plans for the project shall be submitted to City staff for verification that the final plans are
in compliance with the plans approved by the Planning Commission.
F. A licensed professional preparing construction plans for this project for
Building Department review shall execute a Certificate affirming that the plans conform in
all respects to this Resolution approving this project and all of the conditions set forth
therein and the City's Building Code and Zoning Ordinance.
Further, the person obtaining a building and/or grading permit for this project shall
execute a Certificate of Construction affirming that the project will be constructed
according to this Resolution and any plans approved therewith.
G. Structural lot coverage of the lot shall remain unchanged given that the
newly approved wall is being constructed in place of the previously approved retaining
wall per Resolution No. 2017-05.
H. The disturbed area of the lot shall remain unchanged as previously approved
per Resolution No. 2017-05.
Reso. 2018-03 4
11 Saddleback Road
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I. The residential building pad size shall remain unchanged as previously
approved per Resolution No. 2017-05.
J. The encroachment of the dressage arena shall be a maximum of 10 feet into
the front setback area.
K The proposed landscaping plan shall be enhanced to include additional
vegetation and trees, pepper or other like species, near the south and western portion of
the dressage arena to the satisfaction of City staff; with a minimum of 24-inch box trees on
the top row and a minimum of 15-gallon trees on the lower rows surrounding the south
side of the arena. The entire project shall be approved by the Rolling Hills Community
Association. The project shall be continually maintained in substantial conformance with
the landscaping plan. Prior to issuance of a final -construction or grading approval of the
project, all graded slopes shall be landscaped.
Also, prior to issuance of building permit, a detailed landscaping plan shall be submitted
to the City in conformance with Fire Department Fuel Modification requirements and
requirements for graded slopes.
The detailed landscaping plan shall provide that any trees and shrubs used in the
landscaping scheme for this project shall be planted in a way that screens the project
development from adjacent streets and neighbors, such that shrubs and trees as they grow
do not grow into a hedge or impede any neighbors significant views. The landscaping
plan shall utilize to the maximum extent feasible, plants that are native to the area, are
water -wise and are consistent with the rural character of the community.
The landscaping shall be subject to the requirements of the City's Water Efficient
Landscape Ordinance, (Chapter 13.18 of the.RHMC).
L. Direct access to the stable and to the corral shall be decomposed granite or
like, 100% pervious roughened material.
M. A minimum of five-foot walkable path and/or walkway shall be provided
around the entire perimeter of all of the dressage arena, or as otherwise required by the
Fire Department.
N. At any time there are horses on the property, Best Management Practices
(BMPs) shall be applied for manure control, including but not be limited to removal of the
manure on a daily basis or provision of a receptacle with a tight closing lid that is
constructed of brick, stone, concrete, metal or wood lined with metal or other sound
material and that is safeguarded against access by flies. The contents of said receptacles
shall be removed once a week. It is prohibited to dispose of manure or any animal waste
into the Municipal Separate Storm Sewer System (MS4), into natural drainage course or
spread on the property.
Reso. 2018-03 5
11 Saddleback Road
O. The applicant shall comply with all requirements of the Lighting Ordinance
of the City of Rolling Hills (RHMC 17.16.190 P), pertaining to lighting on said property
and all other ordinances and laws of the City of Rolling Hills and the LA County Building
Code.
P. Hydrology, soils, geology and other reports, as required by the LA County
Building and Public Works Departments, and as may be required by the Building Official,
shall be prepared.
Q. During construction, if required by the building official, protection of slopes
shall be provided in a form of a jute mesh or suitable geofabrics or other erosion control
methods implemented.
R. The setback lines and roadway easement lines in the vicinity of the
construction for this project shall remain staked throughout the construction.
The silhouette (story poles) shall be taken down and removed from the property
immediately upon completion of the review process of the project.
The City or the Building Department staff may require that a construction fence be
erected for the duration of the construction of this project. Such fence shall not be located
in any easement or cross over trails or natural drainage course and shall be removed
immediately upon substantial completion of the project, or as required by staff.
S. Perimeter easements, including roadway easements and trails, if any, shall
remain free and clear of any improvements including, but not be limited to fences -
including construction fences, any hardscape, driveways, landscaping, irrigation and
drainage devices, except as otherwise approved by the Rolling Hills Community
Association.
In addition, any construction facility, such as a construction trailer/office or portable
toilets, to a maximum extent practicable, shall be located in a manner not visible from the
street, and be in a location satisfactory to City staff.
T. Minimum of 65% of any construction materials must be recycled or diverted
from landfills.. The hauler of the materials shall obtain City's Construction and Demolition
permits for waste hauling prior to start of work and provide proper documentation to the
City.
U. During construction, conformance with the air quality management district
requirements, storm water pollution prevention practices, county and local ordinances and
engineering practices shall be required, so that people or property are not exposed to
undue vehicle trips, noise, dust, and objectionable odors.
Reso. 2018-03 6
11 Saddleback Road
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V. Construction vehicles or equipment, employees vehicles, delivery trucks
shall not impede any traffic lanes to the maximum extend practical; and if necessary to
block traffic in order to aid in the construction, no more than a single lane may be blocked
for a short period of time and flagmen utilized on both sides of the impeded area to direct
traffic.
W. During construction, all parking shall take place on the project site, and, if
necessary, any overflow parking may take place within the unimproved roadway
easements and shall not obstruct neighboring driveways or pedestrian and equestrian
passage. During construction, to the maximum extent feasible, employees of the contractor
shall car-pool into the City. A minimum of 4' wide path, from the edge of the roadway
pavement, for pedestrian and equestrian passage shall be available and clear at all times
wherever possible.
X. 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.
Y. 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/ma.in.pho?suite=safety&pare=hazard defin tions##FIRE.
It is the sole responsibility of the property owner and/ or his/her contractor to monitor the
red flag warning conditions. Should a red flag warning be declared and if work is to be
conducted on the property, the contractor shall have readily available fire extinguisher.
Z. The property owners shall be required to conform with the Regional Water
Quality Control Board and County Public Works Department Best Management Practices
(BMP's) requirements related to solid waste, drainage, cistern construction and
maintenance (if applicable), septic tank construction and maintenance in conformance
with the County Health Department, storm water drainage facilities management, and to
the City's Low Impact development Ordinance (LID).
AA. Prior to finaling of the project an "as graded" and "as constructed" plans and
certifications shall be provided to the Planning Department and the Building Department
to ascertain that the completed project is in compliance with the approved plans. In
addition, any modification made to the project during construction, shall be
depicted/listed on the "as built/as graded" plan.
AB. The applicant shall execute an Affidavit of Acceptance of all conditions of
this permit pursuant to Zoning Ordinance, or the approval shall not be effective. The
affidavit shall be recorded together with the resolution.
Reso. 2018-03 7
11 Saddleback Road
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AC. All other conditions of approval specified in Resolution No. 2017-05, in
regards to the dressage arena, shall be in full force and effect.
PASSED, APPROVED AND ADOPTED THIS 20TH DAY OF MARCH, 2018.
SAD CHELF, CHAT ,MAN
ATTEST:
YVE FIE HALL, CITY CLERK
ANY ACTION CHALLENGING THE FINAL DECISION OF THE CITY MADE AS A
RESULT OF THE PUBLIC HEARING ON THIS APPLICATION MfUST 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.
Reso. 2018-03 8
11 Saddleback Road
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2018-03 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL FOR VARIANCES TO CONSTRUCT
A NEW RETAINING WALL WITH A MAXIMUM HEIGHT OF UP TO 4 1/2
FEET LOCATED WITHIN A SETBACK AREA, AND ALLOW AN AS -BUILT
PORTION OF A RIDING ARENA WITH A MAXIMUM 10 FOOT
ENCROACHMENT LOCATED IN THE FRONT YARD SETBACK IN ZONING
CASE NO. 937. THE SUBJECT PROPERTY IS 11 SADDLEBACK ROAD (LOT 48-
1-RH 48-2-RH) ROLLING HILLS, CA (WARREN).
was approved and adopted at regular meeting of the Planning Commission on
March 20, 2018, by the following roll call vote:
AYES: Commissioners Cardenas, Cooley, Seaburn, and Chair Chelf.
NOES: None.
ABSENT: Commissioner Kirkpatrick.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices
1 , HALL, CITY CLERK.
Reso. 2018-03 9
11 Saddleback Road
Cay 0 /e0&«:aJt&
February 22, 2018
Candice Warren
109 Bear Creek Lane
Bellingham, WA 98229
INCORPORATED JANUARY 24, 1957
NO. 2 PORTUGUESE BEND ROAD
ROLLING HILLS, CALIF. 90274
(310) 377-1521
FAX: (310) 377-7288
ZONING CASE NO. 937. - Request for Variances at 11 Saddleback Road, Rolling Hills
Dear Ms. Warren:
This letter shall serve to notify you that the Planning Commission voted at their regular
meeting on February 20, 2018, to direct staff to prepare a resolution to approve your
request in Zoning Case No. 937. The Planning Commission will hold a public hearing
and consider the draft resolution at an upcoming meeting on Tuesday, March 20, 2018,
at their regular meeting beginning at 6:30 PM, and make its final decision on your
application at that meeting.
The draft resolution will be forwarded to you and your representative before the
Planning Commission meeting for your review.
The decision shall become effective thirty days after the adoption of the Planning
Commission's resolution unless an appeal has been filed within 30 days or the City
Council takes jurisdiction of the case within 45-days. (Section 17.54.010(B) of the Rolling
Hills Municipal Code). Should there be an appeal, the Commission's decision will be
stayed until the Council completes its proceedings in accordance with the provisions of
the .Municipal Code.
As stated above, the Planning Commission's meeting to consider the resolution of
approval is scheduled for Tuesday, March 20, 2018, at 6:30 P.M. in the City Council
Chambers. That action, accompanied by the record of the proceedings before the
Commission, is tentatively scheduled to be placed as a report item on the City Council's
agenda at the Council's regular meeting on Monday, April 9, 2018. Information
regarding that meeting will be provided to you after the Planning Commission's
decision. Please note, if your resolution is scheduled to be reviewed by the City Council,
you will be required to provide 7 sets of folded plans.
rr
Printed on Recycled Paper
•
Feel free to call me at (310) 377-1521 if you have any questions regarding this matter.
Sincerely,
Julia`Stewart
Assistant Planner
cc: Gary Wynn, Wynn Engineering Inc.
Robert Gaudenti, GS Companies