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416, Construct a new tennis court, Resolutions & Approval ConditionsRESOLUTION NO. 91-9 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A MODIFICATION TO RESOLUTION NO. 90-32 APPROVING A CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT IN ZONING CASE NO. 416 THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. A request has been filed by Mr. and Mrs. Craig Caldwell with respect to real property located at 1 Georgeff Road (Lot 57-A-1-MS) and real property located at 3 Georgeff Road (Lot 57-A-MS) in the City of Rolling Hills requesting a modification to a condition of approval for lot line adjustment. The modification requested is to extend the allow- able time period to remove the existing structure on 3 Georgeff Road. Section 2. The Commission considered this item at its meeting on April 6, 1990 at which time information was presented indicating that the extension of time is necessary so as to formalize documents evidencing the adjustment and was caused in part due to a change in the original timetable for the sale of 3 Georgeff Road. Section 3. Based upon information and evidence submitted, the Planning Commission does hereby amend paragraph C of Section 8 of Resolution 90-32 to read as follows, subject to the condition contained in Section 4: "C. The Certificate of Lot Line Adjustment shall not be issued until the existing residential structure located at 3 Georgeff Road is removed. Removal of such structure shall occur within twelve (12) months of the approval of this Resolution." Section 4. The approval of the extension to the time period of paragraph C of Section 8 of Resolution 90-32 as specified in Section 3 of this Resolution is subject to the condition that the trellis structure constructed on Lot 57-A-1-MS for purposes of screening parked vehicles be removed by June 30, 1991 (as previously required by paragraph B of Section 8 of Resolution 90-32) or the extension to the time period of paragraph C as specified in Section 3 of this Resolution shall automatically be withdrawn and shall cease to have any effect. 03/27/91 eeh 1680468 Section 5. Except as herein amended, Resolution 90-32 shall continue to be in full PASSED, APPROVED and ADOPTED this 16 April, 1991. ATTEST: �9tPv�`i CITY CLERI the provisions of force and effect. day of Allan Roberts, Chairman 03/27/91 eeh 1680468 -2- RESOLUTION NO. 91-9 PAGE 3 The foregoing Resolution No. 91-9 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS APPROVING A MODIFICATION TO RESOLUTION NO. 90-32 APPROVING A CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT IN ZONING CASE NO. 416. was approved and adopted at a regular meeting of the Planning Commission on April 16, 1991 by the following roll call vote: AYES: COMMISSIONERS FROST, LAY, RAINE AND CHAIRMAN ROBERTS NOES: NONE ABSENT: HANKINS ABSTAIN: NONE DEPUTY CITY CLERK` PARTNERSHIP ACKNOWLEDGMENT NO. 203 :e!i5 State of California County of Los Angeles OFFICIAL SEAL } SS• SIVA A. TI)IASOSOPO NOTARY PUBLIC - CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY My Commission Exp. Aug.16, 1991 = Notary's Signature On this the 7t11 day of November Siva A. Tuiasosopo the undersigned Notary Public, personally appeared Craig Edward Caldwell 1922, before me, 11 V personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) who executed the within instrument on behalf of the partnership, and acknowledged to me that the partnership executed it. WITNESS my hand and official seal. .OurZi' (1. �d2ic�oa��,il 7130122 NATIClNAI NU)TARY ASSOCIATION • 24f112 Venhv.t 11I'd • PO Rox 4)5 • tv �,u...•t iism- O1 .- For Recorder's use • RECORDING REQUESTED BY AND HAIL TO: CITY OF ROLLING HILLS 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 Please record this form with the Registrar -Recorder's Office and return to: City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 (The Registrar -Recorder's Office requires that the form be notarized before recordation.) Acceptance Form STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) CONDITIONAL USE PERMIT CASE NO. VARIANCE CASE NO. 416 (Resolution #90-32) SITE PLAN REVIEt7 CASE NO. 416 (Resolution #90-32) I (We) the undersigned state: I am (We are) the owner(s), of the real property described as follows: #1 Georgeff Road & #3 Georgeff Road, Rolling 1-Iills, CA 90274 ( Lot 57-A-1-riS ) ( Lot 57-A-MS ) This property is the subject of the above numbered cases. I am (We are) aware of, and accept, all the stated conditions in said `Conditional Use Permit Case No. Variance Case No. 416 (Resolution #90-32) Site Plan Review Case No. 416 (Resolution #90-32) I (We) certify (or declare) under the penalty. of perjury that the foregoing is true and correct: (Where the owner .and applicant.are not the same, both must sign.) Type or print Applicant Name Address City, State Signature Owner Nam This signature must be acknowledged by a notary public. Attach appropriate acknowledgement. 4L TA-'-1... JSCC) Address 6 ev..y r iC City, State y4o1/�,�., J,/ /is Signatur:'2 �_ , _-�. RESOLUTION No. qn-32. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLINO HILLS APPROVING A VARIANCE TO THE MINIMUM LOT FRONTAGE REQUIREMENTS AND APPROVING A CERTIFICATE OF COMPLIANCE FOR LOT LINE ADJUSTMENT IN ZONING CASE NO. 416 THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS .DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: section L. An application was filed by Mr. and Mrs. Craig Caldwell with respect to real property located at 1 Georgeff Road (Lot 57-A-1-MS) and real property located at 3 Georgeff Road (Lot 57-A-MS) in the City of Rolling Hills requesting a variance to reduce the required lot frontage for the two lots created by the proposed lot line adjustment and request- ing a Certificate of Compliance for a Lot Line Adjustment to move the side lot line dividing these two lots so that a portion of existing Lot 57-A-MS (3 Georgeff Road) is placed into Lot 57-A-1-MS (1 Georgeff Road). ,g gtion a. Tho Planning Commission conducted a duly - noticed publio hearing to consider the applications on January 16, 1990, February 20, 1990, April 18, 1990, June 19, 2990, July 17, 1990, August 21, 1990, September 15, 1990 and September 18, 1990, and conducted a field site review on February 10, 1990 and June 30, 1990. section . Sections 17.32.010 through 17.32.030 permit approval of a variance from the standards and requirements of the Zoning 0rdinance when exceptional or extraordinary circumstance$ 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 property to the same extent enjoyed by similar prop- erties. Section 16.16.040 requires each lot to have a minimum frontage of 150 feet along a street easement line. findings: Section 4. The Planning Commission makes the following A. Special circumstances exist in that the total street easement frontage for the two lots combined is legs than 25 feet, thereby making it impossible to comply with the zoning ordinance even for one lot. The two lots were created in 1956 to permit two (2) residences on the original larger parcel. Numbor 1 Georgeff, as it exists today, has no direct access to any street making it unique in the immediate area. B. Application of the 150-foot lot frontage require- ment would deny the owner all use of both lots. The condition constituting a variance to the code already exists. C. The granting of a variance would not constitute a special privilege because the configuration of the lots as originally approved is unique. The variance would permit the owner the use and enjoyment of his property in a manner consis- tent with the present use of the property. Section 5. Based upon the foregoing findings, the Planning Commission hereby approves the variance to the minimum lot frontage requirement to permit a 22.5 foot frontage for Lot 57-A-1-MS (1 Georgeff Road) and no frontage for Lot 57-A-MS (3 Georgeff Road) as indicated on the lot line adjustment map attached hereto ao Exhibit A, subject to the conditions set forth in Section S of this Resolution. ;?ection 6. California Government Code section 66412(d) authorizes minor lot line adjustments without requiring a tenta- tive map, parcel map or final map if: A. the lot line adjustment involves two or more existing adjacent parcels, where land is proposed to be taken from one parcel and added to an adjacent parcel; B. a greater number of parcels than originally existed is not thereby created; C. the lot line adjustment will create parcels that conform to local zoning and building ordinances; and D. the lot line adjustment is approved by the City. Section 7. The Planning Commission finds that: A. The proposed lot line adjustment will create two lots that will comply with the minimum lot size requirements. Lot 57-A-1-MS (1 Georgeff Road) will cover a net 7.61 acres after excluding easements and Lot 57-A-1-MS (3 Georgeff Road) will cover a net 2.06 acres after excluding easements. The lots comply with Section 17.16.020, imposing a minimum lot size of 2 acres excluding easemonts. 8. The two parcels created by the lot line adjustment will conform to local zoning and building ordinances because Lot 57-A-MS and Lot 57-A-1-MS have been granted a vari- ance pursuant to Section 5 of this► Resolution with regard to the minimum lot frontage requirement. --2- 900918 l:j 1680276 (2) C. Conditions have bean imposed upon approval of this lot line adjustment to ensure that the parcels created will conform to local zoning and building ordinances. These condi- tions require that the existing trellie structure constructed for recreational vehicle parking and which is located on Lot 57-A-1-MS will be brought into compliance with local zoning and building ordinances, and that each lot will have lawful vehicular access off of Georgeff Road. $ectipr� g. Based upon the foregoing findings, the Planning Commission hereby approves a Certificate of Compliance for a lot line adjustment for Lote 57-A-MS and 57-A-1-MS pursuant to California Government Code Section 66412(d) as indicated on the attached lot line adjustment map attached hereto ag Exhibit A, subject to the following conditions: A. A Grant of Driveway Easement shall be prepared and recorded with the Los Angeles County Recorder's Officer with respect to Lots 57-A-1-MS (1 Georgeff Road) and 57-A-MS (3 Georgeff Road) to reserve for the benefit of Lot 57-A-MS a non-exclusive appurtenant easement for driveway purposes over a portion of Lot 57-A-1.-MS. A conformed copy of the recorded easement shall be filed with the City's Principal Planner prior to the issuance of the City's Certification of Lot Line Adjustment. The easement shall be configured in such a manner as to ensure that the intersection of the driveway access for Lot 57-A-MS and the street easement is located upon Lot 57-A- 1-MS. Notwithstanding the foregoing, the Easement referred to above may be removed by the owners of the subject property if the Rolling Hills Community Association provides written notice to the City of its approval of driveway access to Lot 57-A-MS directly to that Lot from the street easement. B. The applicant shall obtain the approval of the Rolling Hills Community Association, the County of Los Angeles Department of Building and Safety and all other necessary permits and approvals required by law to legally maintain the existing trellis structure constructed for purposes of screening parking vehicles, which are located on Lot 57-A�1-MS. If all required approvals are not obtained within 90 days of the approval of this Resolution, the structure shall be removed within 30 days thereafter. C. The Certificate of Lot Line Adjustment shall not be issued until the existing residential structure located at 3 Georgeff Road is removed. Removal of such structure shall occur within six (6) months of the approval of this Resolution. D. The variance approval shall expire if not used in one year from the effective date of approval as defined and specified in Section 17.32.110 of the Municipal Code. -3- 900918 L•1 1680276 (2) E. Any modifioations to the lot line adjustment approved by the Planning Commission shall require the filing of an application for modification of the lot line adjustment and must be reviewed and approved by the Planning Commission. F. The applicant shall execute an affidavit of acceptance of all conditions pursuant to Section 17.32.087 or thie variance and lot line adjustment shall not be effective. PASSED, APPROVED AND ADOPTED thin Gth day of October , 1990. Allan Roberts, Chairman ATTEST! 1 0J o5 City Clerk' -4- 900918 Isj 1680276 (2) GENERAL ACKNOWLEDGMENT NO. 201 t 4Stateof California t t t County of Los Angeles SS. OFFICIAL SEAL SIVA A. TIJIASOSOPO NOTARY PIJBLIC - CALIFORNIA PRINCIPAL OFFICE IN LOS ANGELES COUNTY My Commission Exp. Aug 16, 1991 On this the 7th day of November Siva A. Tuiasosopo the undersigned Notary Public, personally appeared Craig Edward Caldwell C personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) i s within instrument, and acknowledged that WITNESS my hand and 0 yyofff'iciii'nallseal. pJi Notary's Signature He 19 90, before me, subscribed to the executed it. 7110 122 NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • P.O. Box 4625 • Woodland Hills, CA 91365-4625 1 For Recorder'se 1 RECORDING REQUESTED BY AND MAIL TO: CITY OF ROLLING HILLS 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 Please.record this form with the -Registrar -Recorder's Office and return to: City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 (The Registrar -Recorder's Office requires that the form be notarized before recordation.) STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES ) Acceptance Form y ..Craig Caldwell 1 Georgeff Road CONDITIONAL USE PERMIT CASE NO: 416 VARIANCE CASE NO. 416 SITE PLAN R�VIE11 CASE NO. 416 I (We) the undersigned state: I am (We are) the owner(s)• of'the real property described as follows: #1 Georgeff Road Rolling Hills, CA 90274 -f This property is the subject of the above numbered cases. I am (We are) aware o'f, and accept, all the stated conditions in said Conditional Use Permit Case No. 416 Variance Case No. 416 I (We) certify (or declare) under the penalty. of perjury that the foregoing is true'and correct. - (Where the owner and applicantare not the same, both must sign:) Type or print Applicant Name Address City, State Signature Owner N ' Address City, State dC,//; , J/rl/s. Signatur This signature must rC% be acknowledged by a notary public. •Attach appropriate acknowledgement. 1 RESOLUTION NO. 90-24 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE FOR COOKING/KITCHEN FACILITIES IN A PAVILION/CABANA, A CONDITIONAL USE PERMIT FOR A PAVILION/CABANA, AND A SITE PLAN REVIEW APPROVAL FOR A PAVILION/CABANA IN ZONING CASE NO. 416 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 Mr. Craig Caldwell with respect to real property located at 1 Georgeff Road, Rolling Hills (Lot 57-A-1-MS) requesting a variance to install Cooking/Kitchen facilities in a Pavilion/Cabana, a Conditional Use Permit to construct and maintain a detached Pavilion/Cabana on said property and for Site Plan Review approval of the proposed Pavilion/Cabana. Section 2. The Planning Commission conducted a duly noticed public hearing to consider the application on January 16, 1990, February 20, 1990, April 18, 1990, June 19, 1990 and July 17, 1990 and conducted a field site review on February 10, 1990(and June 30, 1990. Section 3. Sections 17.32.010 through 17.32.030 permit approval of a variance form 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 property to the same extent enjoyed by similar properties. Section 17.16.012 (G) prohibits cooking or kitchen facilities in a cabana. The applicant is requesting to install cooking/kitchen facilities in the proposed Pavilion/Cabana. findings: Section 4. The Planning Commission makes the following A. There are exceptional or extraordinary circumstances or conditions applicable to the property or the intended use that do not apply generally to the other property or class or use in the same vicinity and zone because due to the development pattern of the property, the location of the pavilion/cabana structure is far removed from the residence. 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 granting of the variance will not be a special privilege since the subject site is large and can accommodate detached accessory structures that have been commonly constructed in the neighborhood. 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 the.improvements will not visually impact the surrounding properties, and other conditions have been incorporated to address potential impacts. Section 5. Based on the foregoing findings, the Planning Commission hereby approves the Variance for Zoning Case No. 416 to permit installation of cooking/facilities within a detached pavilion/ cabana structure which is accessory to an existing tennis court as indicated in the Development Plan submitted with this application and incorporated herein by reference as Exhibit A, subject to the conditions set forth in Section 11 of this Resolution. Section 6. Section 17.16.012 (G) of the Municipal Code requires a Conditional Use Permit to construct and maintain a detached 1,164 square foot, one story pavilion/cabana structure which is accessory to an existing tennis court. Section 7. The Planning Commission makes the following findings: A. The granting of a Conditional Use Permit would be consistent with the purposes and objectives of the Zoning Ordinance and General Plan; and be desirable to the public convenience and welfare because the proposed pavilion/cabana would have minimal impact to the site and surrounding properties.since the pavilion/cabana will be secluded from the house, surrounding residences and the roadway. Further, existing landscaping that provides screening will remain. B. The granting of a Conditional Use Permit would be consistent with the purposes and objectives of the Zoning Ordinance and General Plan, because the proposed project will be mostly an open structure, comply with the height and setback requirements, and its size will not cause the total lot coverage of all structures on the site to exceed the twenty percent maximum structural lot coverage. Further the project required minor grading to create a grading pad that is cut into the ground , and thereby will be compatible with the site and surrounding properties. Section 8. Based upon the foregoing findings, the Planning Commission hereby approves the Conditional Use Permit for Zoning Case No. 416 to construct and maintain a pavilion/cabana as indicated on the development plan submitted with the application and incorporated herein by reference as Exhibit A subject to the conditions set forth in Section 11 of this Resolution. • Section 9. Section 17.34.010 requires a development plan to be submitted for site plan review and approval before any 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 more than twenty-five (25%) in any thirty-six (36) month period. Section 10. 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 structure complies with the General Plan requirement of low profile, low density, residential development with sufficient open space between surrounding structures. The project conforms to Zoning Code setback and lot coverage requirements. The lot has a net square foot area of 203,369 square feet. The proposed pavilion/cabana existing residence, garage, swimming pool, future stable, service yard and tennis court will have 20,909 square feet which constitutes 10.3% of the lot, which is substantially less than the maximum 20% structural lot coverage requirement. The total lot coverage including paved areas and driveway will be 39,989 square feet which equals 19.7% of the lot, which is within the 35% maximum overall lot coverage requirement. The proposed project is similar and compatible with neighboring development patterns. B. The proposed development preserves and integrates into the site design, to the maximum extent feasible, existing natural topographic features of the lot including surrounding native vegetation, mature trees, drainage courses, and land forms (such as hillsides and knolls) because extensive grading for the pavilion/cabana structure was not required and no further mature trees will be removed. Further, the applicant will be undertaking restorative landscaping requirements that have been mandated by the Planning Commission. Further, additional conditions of approval have been imposed accordingly. C. The development plan follows natural contours of the site to minimize grading because the project will be constructed upon an existing building pad, thereby requiring no extensive grading. D. The development plan preserves surrounding native vegetation and supplements it with landscaping that is compatible with and enhances the rural character of the community. The applicant, as part of this approval, shall restore compatible landscaping on the property as prescribed by the Commission through conditions of approval. E. The development plan substantially preserves the natural and undeveloped state of the lot by minimizing building coverage because construction will occur at a secluded place on the site and as indicated in paragraph A, the structural lot coverage is substantially less than that is permitted. F. The proposed development is harmonious in scale and mass with the site and as indicated in paragraph A, lot coverage maximum will not be exceeded since the subject property is very large and can accommodate the proposed pavilion/cabana structure. G. The proposed development is sensitive and not detrimental to convenience and safety of circulation for pedestrians and vehicles because the pavilion/cabana will be secluded and removed from the roadway beyond required setbacks. H. The project conforms with the requirements of the California Environmental Quality Act and is categorically exempt from environmental review. Section 11. Based upon the foregoing findings, the Planning Commission hereby approves the Site Plan Review application for Zoning Case No. 416 for a proposed pavilion/cabana on the property located at 1 Georgeff Road as indicated on the development plan incorporated herein as Exhibit A and subject to the following conditions: A. The variance for the cooking/kitchen facilities within the pavilion/cabana structure shall expire if not used in one year from the effective date of approval as defined and specified in Section 17.32.110 of the Municipal Code. B. The Conditional Use Permit shall expire unless used within one year from the date of the Permit is granted. This approval, as indicated on "Exhibit A", is for an open pavilion/cabana, with exception of the cooking/kitchen and bathroom areas that are enclosed. As agreed by the owner, should the pavilion/cabana be fully enclosed without approval from the City, said structure shall be removed by the owner and the Conditional Use Permit shall be void. C. If any provision of the Conditional Use Permit is held or declared to be invalid, the permit shall be void and the privileges granted thereunder shall lapse. D. It is declared and made a condition of the Permit that if any conditions thereof are violated, the Permit shall be suspended and the privileges granted thereunder shall lapse; provided that the applicant has been given written notice to cease such violation and has failed to do so for a period of thirty (30) days. E. All requirements of the Zoning Ordinance and of the zone in which the subject property is located must be complied with unless otherwise set forth in the Permit, or shown otherwise on an approved plan. F. The lot shall be developed and maintained in substantial conformance with the site plan on file marked Exhibit A except as otherwise provided in these conditions. G. Renting, leasing or any commercial use of the pavilion/cabana is prohibited. H. A landscaping plan must be submitted to the City of Rolling Hills Planning Department staff for approval. The plan submitted must comply with the purpose and intent of the Site Plan Review Ordinance. A bond in the amount of the cost estimate for the landscaping plus 15% may be required to be posted and retained with the City for not less than two years after landscape installation. The retained bond will be released by the City after the City Manager (or the landscape Committee of the Rolling Hills Community Association, if appointed to act for this purpose in place of 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. I. The "Rosea" ground cover on the easterly slope shall be within five (5) years from the approval date of this Permit, be covered with landscaping consistent with the rural character of the community or be removed, and subject to approval from City Staff. J. The walk way lights on the easterly slope, as indicated on "Exhibit A", shall be removed, and all other exterior lighting must be reviewed and approved by the Rolling Hills Community Association and City Staff. K. The applicant shall offer an easement for equestrian use to the Rolling Hills Community Association over the southeasterly corner area of the subject property. L. Prior to the submittal of an applicable final grading plan to the County of Los Angeles for plan check, a detailed grading and drainage plan with related geology, soils and hydrology reports that conform to the Development Plan as approved by the Planning Commission must be submitted to the Rolling Hills Planning Department staff for their review. Cut and fill slopes must conform to the City of Rolling Hills standard of 2 to 1 slope ratio. The "as graded" plan and required reports shall be reviewed by the County of Los Angeles prior to the issuance of a grading permit. M. The project must be reviewed and approved by the Rolling Hills Community Association Architectural Review Committee prior to the issuance of any building permit for the proposed pavilion/cabana. N. The working drawings submitted to the County Department of Building and Safety for plan check review must conform to the Development Plan approved with this application. O. Any modifications to the project which would constitute a modification to the Development Plan as approved by the Planning Commission, shall require the filing of an application for modification of the Development Plan pursuant to Section 17.34.070 of the Rolling Hills Municipal Code. P. Applicant shall execute an affidavit of acceptance of all conditions pursuant to Section 17.32.087 or this Permit shall not be effective. PASSED, APPROVED AND ADOPTED this 21st day of Aucrust , 1990. Allan RoWerts, Chaijman ATTEST: (1/ R,)L_j Q�s ��pC� �Ep j-r-j 1City Clerk