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697, An addition of 208 sq ft to an, CorrespondenceGEORGE L. FARINSKY 13 EASTFIELD DRIVE ROLLING HILLS, CA 90274 MAY 18, 2003 To the Planning Commission City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 Ladies and Gentlemen: This letter is furnished pursuant to an undated notice furnished us concerning Zoning Case No. 664. As an adjacent Rolling Hills property owner, I hereby advise you that I oppose the proposed grants of the permits and variances requested in Case 664 because the coverages on the property already exceed those permitted by the City's regulations and because the additional roof areas will cause further accumulations of water which will add to those which already flow across our property in heavy rainfalls. As you know from your previous reviews of the property in question, the requests in this case are not for approvals to exceed various permitted lot coverages; but rather for approvals to FURTHER EXCEED permitted lot coverages. If such approvals are granted, it seems they are tantamount to stating that the existing regulations are unenforceable. If this is to be the case, wouldn't it be more appropriate to amend the regulations to permit greater lot coverages for all residents rather that only approving them for a select few? In this regard, you should note that the Strawns, our prior neighbors at 11 Eastfield Drive, moved because they could not obtain permission for an addition which exceeded permitted lot coverage by substantially less than is already exceeded at the 15 Eastfield property. There is a potential for excessive water flow damaging our property from the addition of roof surface and connection of new downspouts on the proposed additions. I have previously discussed drainage control with the City and the County, who each have claimed that the other has responsibility for Rolling Hills drainage projects. Past projects have apparently ended up the hill from us, so we already have substantial water flow across our property every time there is a significant rainfall. Additional roof surfaces and drainage connections to the existing "drainage system" (which merely deposits all the runoff from 15 Eastfield in our easement) will simply aggravate this situation. • With respect to the Case drawings and staff report, note that the garage is now attached rather than detached. Ask Roger Vink whether another unrecorded addition was made when the roof was replaced with an unapproved wood shake. There is another horse shelter structure on the property East of the stable, not shown on the drawings, that was built approximately in 1993. Also, if the previous coverages were 12,437 square feet and 19,560 square feet, it seems that the proposed 886 and 583 square feet of additions (total 1,469 square feet) would make them 13,906 and 21,029 square feet, respectively. Further, our lot at 13 Eastfield is 3.293 acres or 143,443 square feet rather than the 95,590 shown and your maps show 11 Eastfield is 2.19 acres or 95,396 square feet rather than the 217,800 shown. I regret I am unable to attend the hearing and hope you will take my objection as well as your history with the subject property into account in rejecting this request for permits and variances. Very truly yours, George L..Farinsky • Ci oeleo een9 JUL March 16, 2005 Mr. and Mrs. Errol Gordon 15 Eastfield Drive Rolling Hills, CA 90274 • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com SUBJECT: ZONING CASE NO. 697, Request for Site Plan Review and Variance to retain an existing shade shelter, which encroaches into the front yard setback and to construct an addition to a stable, which would encroach into the front yard; and request for Variances to exceed the maximum permitted structural and total lot coverage at an existing single family residence at 15 Eastfield Drive (Lot 52- EF), Rolling Hills, CA'. Dear Mr. and Mrs. Gordon: This letter shall serve to notify you that the Planning Commission adopted a resolution on March 15, 2005, granting Site Plan Review and Variances to exceed the maximum structural lot coverage and maximum total lot coverage and the addition to the stable, but denied the horse shelter in the above case. That action, accompanied by the record of the proceedings before the Commission will be reported to the City Council on Monday. March 28. 2005. The City Council staff report will be forwarded to you on Friday, March 25, 2005. The Planning Commission's decision in this matter shall become effective thirty days after the adoption of the resolution by the Commission, unless an appeal has been filed or the City Council takes jurisdiction of the case within that thirty (30) day appeal period. (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. If no appeals are filed within the thirty (30) day period after adoption of the Planning Commission's resolution, the Planning Commission's action will become final and you will be required to cause to be recorded an Affidavit of Acceptance Form together with the subject resolution in the Office of the County Recorder before the Commission's action takes effect. I will forward to you the appropriate forms and signed resolution for recordation following the City Council meeting Please feel free to call me at (310) 377-1521 if you have any questions. Sintb6Lei cel�r, /V 7 SVe/- Y nta Schwartz PI nning Director cc: Mr. Thomas A. Blair, AIA Sent. By: LAW OFFICES OF ERROL J GORDON; 12134824508; Apr-26-05 10:08; Page 1/1 'ip i:2,Q05 CITY OF ROLLING Att.ILS ERROL J. GORDON JOEANN M. GORDON 15 Eastfield Drive Rolling Hills, California 90274 Telephone No. (310) 377-0689 April 26, 2005 VIA HAND DELIVERY Mr. Craig Nealis City Manager City of Rolling Hills No. 2 Portuguese Road Rolling Hills, California 90274 Re: VARIANCE CONDITION Zoning Case Nos. 694 and 697 Property Address: 15 Eastfield Drive, Follina Hills. CA Dear Mr. Nealis: The horse shelter subject to the variance conditions has been removed. You are tree to have this fact verified by an inspection of our property. I am also enclosing a confirmation of the recordation of the two (2) Affidavit of Acceptance forms which were signed and notarized on April 18, 2005. I am enclosing a copy of the first page of these two (2) documents for your review. Thus, based upon the foregoing, please remove any limitation on the issuance of the building perrniL for our property. If there are`any q stions, please call. Thank you. EJG:rcid Enclosure as stated cc: Mr. Tom Blair Mr. Luis De La Rosa pectfu ERROL J. •RDON • RECORDING REQUESTED BY AND MAIL TO CITY OF ROLLING HILLS 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 (310) 377-7288 FAX 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. 697 SITE PLAN REVIEW VARIANCES CONDITIONAL USE PERMIT LOT LINE ADJUSTMENT • COPY of Document Recorded vlas not been complied with original, 4riglnal 011 be rest rued when processing bris been completed.REGISTRAR • R�,CCRI)ER LOS ANGEt.ES COtll�ri� XX xx (We) the undersigned. state: I am (We are) the owner(s) of the real property described as follows: 15 EASTFIELD DRIVE, ROLLING HILLS, (LOT 52-EF) CA 90274 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. 697 SITE PLAN REVIEW VARIANCES • CONDITIONAL USE PERMIT LOT LINE ADJUSTMENT XX xx fy (or ,I re) under th penalty of perjury that the foregoing is true and correct. Signat 4:2 Liav,vi J Signatu 0.e c va Name ty ed or printed Name typed..or prinled Pt 1 /s £ - • APR hoo T Recorder's Use Only' Address Addres ►' L ►vc, City/State Signatures must be acknowledged by a notary public, • City/State State of California ) County of Los Angeles) (� On tk•P(:\ lq 2-Cb5 before me, .1 T ar►leS R. 1 bii personally appeared Frio io) S. (50rd c:, G1 - oecr\ n (-sorc on personally known to me (or -per' sn the t c s af-setisfee er-y-e subscribed to the within instrument and acknowledged to me that lie/s capacity(ies) and that by fre/he signature(s) on the person(s) acted, executed the instrument. JAMES R. HAMILTON Comrnlsslon # 1433922 7 Notary Pubilc - California Los Angeles County My Comm. Expires Sep 3, 2007I l e44ee3-to be the person(s) whose name(s) 4� executed the same in Ptfslher heir authorized instrument the person(s), or the entity upon behalf of which the Witness by hand and official Signature of Notary SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF • • The RECORDING REQUESTED BY AND MAIL TO CITY OF ROLLING HILLS 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 (310) 377-7288 FAX 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. 664 I (We) the undersigned state: COPY of Document Recorded 9--994533 i-las not been compared with original. Original di be gets+rnetI when ; ;:..:w.. processing his been completed. LOS ANGELES COUNTY REGISTRAR - RECORDER SITE PLAN REVIEW VARIANCE CONDITIONAL USE PERMIT LOT LINE ADJUSTMENT I am (We are) the owner(s) of the real property described as follows: 15 EASTFIELD DRIVE, ROLLING HILLS, (LOT 52-EF) CA 90274 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. 664 1 (We) certi 1 Signature era SITE PLAN REVIEW XX VARIANCE CONDITIONAL USE PERMIT LOT LINE ADJUSTMENT (or d under the p nalty of perjury that the foregoing is true and corre xx Signat Fi ` �. Go rao n / S F Sto 1 .P K . • T Recorders Use Only Name Lr r' t Addresyee s l A r1 -,41 City/State vV fV 1�.1i1" Signatures must be acknowledged by a notary public, State of California County of Los Angeles ) Name tp inted 1 w� l' Address( J oe2 ►k ' Uc-es City Stet&. N trYNA- On Sri I ci, Loo 5 before me,-3avvge_S R. L Ciz✓1 Kle6&i ? LLi I LC r personally appeared 1 rro I J-, & rabic G_►-kri TnPG-rt ✓• (- c (cl u v.c.. personally known to me (u, NIu.cJ Iv IIs-eR-tli L0 u.-sadis€eete y-evidence) to be the person(s) whose name(s) ar subscribed to the within instrument and acknowledged to me that'lie s/'tie he executed the same in'his7he chef authorized capacity(ies) and that by ' - 4rttrio.ignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ,LAMES R. HAMILTON Commission # 1433922 Notary Public - California 5 Los Angeles County My Comm. Expires Sep 3, 2007 i I, I II II Witness by hand and official s do-- 2 Signature of Notary SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF • Cry o/ leo?fi..g JJ,PP, March 29, 2005 Mr. and Mrs. Errol Gordon 15 Eastfield Drive Rolling Hills, CA 90274 SUBJECT: ZONING CASE NO. 697, Dear Mr. and Mrs. Gordon: INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377.7288 E-mail: cityofrh@aol.com This letter shall serve to notify you that the City Council at their regular meeting on March 28, 2005, received and filed the Planning Commission's Resolution adopted by the Planning Commission on March 15, 2005, granting a Site Plan Review and Variances to exceed the maximum structural lot coverage and maximum total lot coverage and the addition to the stable in the front yard, but denyingthe horse shelter in the above case. The Planning Commission's decision in this matter shall become effective thirty days after the adoption of the resolution by the Commission, unless an appeal has been filed within that thirty (30) day appeal period to the City Council. (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. If no appeals are filed within the thirty (30) day period after adoption of the Planning Commission's resolution, the Planning Commission's action will become final and you will be required to cause to be recorded an Affidavit of Acceptance Form together with the subject Resolution in the Office of the County Recorder before the Commission's action takes effect. Enclosed is an Affidavit of Acceptance Form, which needs to be signed and notarized and recorded together with the enclosed Resolution in the: Los Angeles County Registrar -Recorder Real Estate Records Section 12400 East Imperial Highway Norwalk, CA 90650 Include a check in the amount of $9.00 for the first page and $3.00 for each additional page. Please be advised that we have not received recorded Resolution in Zoning Case No. 664. I am including the Affidavit Form and the Resolution for Zoning Case No. 664 for recordation. r • , • The City will notify the Los Angeles County Building & Safety Division to issue permits only after we receive the recordeddocuments and anv conditions of the Resolutionsrequired prior to issuance of building permits are met. Please feel free to call me at (310) 377-1521 if you have any questions. Si, rely, �'1•lanta Schwartz lanning Director • RECORDING REQUESTED BY AND MAIL TO CITY OF ROLLING HILLS 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 (310) 377-7288 FAX 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. 697 SITE PLAN REVIEW X X VARIANCES X X CONDITIONAL USE PERMIT LOT LINE ADJUSTMENT (We) the undersigned state: I am (We are) the owner(s) of the real property described as follows: 15 EASTFIELD DRIVE, ROLLING HILLS, (LOT 52-EF) CA 90274 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. 697 SITE PLAN REVIEW XX VARIANCES X X CONDITIONAL USE PERMIT LOT LINE ADJUSTMENT 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 Signatures must be acknowledged by a notary public. State of California County of Los Angeles ) On before me, personally appeared T Recorder's Use Only personally known to me (or 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. Witness by hand and official seal. Signature of Notary SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF i 0 RECORDING REQUESTED BY AND MAIL TO CITY OF ROLLING HILLS 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 (310) 377-7288 FAX 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. 664 SITE PLAN REVIEW X X VARIANCE X X CONDITIONAL USE PERMIT LOT LINE ADJUSTMENT I (We) the undersigned state: I am (We are) the owner(s) of the real property described as follows: 15 EASTFIELD DRIVE, ROLLING HILLS, (LOT 52-EF) CA 90274 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. 664 SITE PLAN REVIEW XX VARIANCE XX CONDITIONAL USE PERMIT LOT LINE ADJUSTMENT I (We) certify (or declare) under the penalty of perjury that the foregoing is true and correct. T Recorders Use Only Signature Signature Name typed or printed Name typed or printed Address Address City/State City/State Signatures must be acknowledged by a notary public. State of California County of Los Angeles ) On before me, personally appeared personally known to me (or 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. Witness by hand and official seal. Signature of Notary SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF ritibtawmajigiii74111111I41111'1111I •a Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse: so that we can return the card to you. a Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Mr. & Mrs. Errol Gordon 15 Eastfield Drive Rolling Hills, CA 90274 2. Article Number (Transfer from service Labe° 7002 0510 0001 4835 0530 CITY OF ROLLING HILLS 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 Mr. & Mrs. Errol Gordon 15 Eastfield Drive • Rolling Hills, CA 90274 A Signature X B. RI 0 Agent 0 Addressee f...eayr Printed Name) C.' Date ofiDellye_ 12-Pe to i4- ito /fi 5- D. Is delivery address different from item i?/ 0 Yes If YES, enter delivery address below: 0 No 3. Syvice Type FRII Certified Mail Dflxpress Mail El Registered Retum Receipt for Merchandise GI Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes Z.C. Ocr7, le Otrz_ tqlos US. FC57....4.;!1 .../ A i D e' ..--- '-'3 v "-',..:-"S,-' fl 1 1 • .,,1 ' • -•-•-, /--- u si, I i - A 1 :1 H NIZIEF032.C',.7:, *1 ' OS jfiiy (WATU.NAle) CO -Mt Prod On IOXIbsVityw Postage $ Certified Fee Postmark j r-9 Return Receipt Fee I=1 012-6) cl (Endorsement Required) al Restricted Delivery Fee (Endorsement Required) _s Lfl Total Po c3 Sent To Mr. & Mrs. Errol Gordon fli Street, Ap; 15 Eastfield Drive o or PO Box Rolling H ills, CA 90274 City State Ltalglita- PS Form 3811, February 2004 Domestic Retum Receipt 102595-02-M-1540 • • SENDER: COMPLETE THIS SECTION . • Complete items 1, 2, and 3. Also complete ftem 4 If Restricted Delivery Is desired. ■ Print your name and address on the reverse so that we can return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Mr. & Mrs. Errol Gordon 15 Eastfield Drive Rolling Hills, CA 90274 2. Article Number (Transfer from service label) COMPLETE THIS SECTION ON DELIVERY A. Signature X B. Received by( Printed Name) 0 Agent ❑ Addressee C. Date of Delivery ' D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: ❑ No 3. Srice type 01 Certified Mall ❑ Mall ❑ Registered Return Receipt for Merchandise ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) Z,C. NA G'7 leNRAt of gzqr s PS Form 3811, February 2004 Domestic Retum Receipt ❑ Yes 102595-021540 L r 7 7002 0510 ❑nni. 03/14/2005 11:05 3105441190 GEORGE L FARINSKY PAGE 01 Planning Commission City of Rolling Hills No. 2 Portuguese' Bend Road Rolling Hills, CA 90274 RE: Resolution No. 2005-10 15 Eastfield Drive BARBARA J. FARINSKY 13 EASTFIELD DRIVE ROLLING HILLS, CA 90274 MARCH 14, 2005 We received the letter from Yolanta Schwartz, Planning Director on March 12, 2005 for the Planning Commission to consider the approval for the above application. Mier reading through the information, we are in agreement with the Planning Commissions resolution to deny the Variance to retain the existing 140 square foot horse shelter and continue to be opposed to the issurnce of a building permit for the residential and stable additions because we believe they result in material overbuilding on the property. We also believe the installation of a fire retardant roof is mandatory in all events. We will be unable to attend the March 15, 2005 meeting as we will be out of town. Thank you for considering our objections. Yours very truly, Barbara Farinsky Sent By: LAW OFFICES OF ERROL J GORDON; 12134824508; Feb-11-05 12:27AM; Page 2/2 • • ERROL J. GORDON JOEANN GORDON 15 Eastfield Drive Rolling Hills, California 90274 Phone (310) 377.0689 February 10, 2005 Via Feesinmiie Only Mr_ Craig Nealis City Manager City of Rolling Hills No. 2 Portuguese Road Rolling Hilts, California 90274 Re: Variance Requeel Case Number 697 QroDurtv address: 15 Easilieid Drive. Rallina Hills. CA Dear Mr. Nealls: In follow-up to our telephone conversations several days ago, 1 have discussed with Joeann the horse on our propeny which was awned by former neighbor and close friend. We have purchased the anifnal to put the issue to rest. Although the horse has never bean on our property for commercial purposes, we are however concerned about the precedent that our decision will possibly have on other property owners In the City who decide to allow a guest to keep a horse an their property. I have read the three (3) sections of the Municipal Code sent to me by your staff which cover this Issue. These sections do not address the issue of a 'guest animal on the property." Instead, Section 17..16.200A(5) invokes a restriction against a commercial enterprise being undertaken by the keeping of an animal in a barn. stable or corral. There has never been a commercial enterprise associated with our keeping the subject horse on our property. Instead, the horse has been used by my family. including my wife, daughter and grandchildren. Since Joeann has experienced and witnessed serious accidents on our traits over the years, we know that It Is tar safer to ride with another person, rather man alone. Accordingly, the reason in deciding to acquire the horse is for safety since it will remain conveniently available for our friend to ride with Joeann on the trails. I hope that this resolves this issue once and for all. If there are any questions, please contact us. Thank you. G/1-4„,_ ERROL J. ORLON JOEANN GORDON EJG:rcld • . Planning Commission City of Rolling Hills 2 Portuguese bend Road Rolling Hills, CA 90274 Ladies and Gentlemen: RE Zoning Case No. 664 & 697 Resolution No. 2005-03 GEORGE L. FARINSKY BARBARA J. FARINSKY 13 EAS [FIELD DRIVE ROLLING HILLS, CA 90274 JANUARY 28, 2005 JAN 2 8 2005 CITY OF ROLLING HILLS / We were disappointed to receive a call January 19 from Yolanta that Ms Hankins of the Planning Commission, who was absent from the December meeting that we attended concerning the request for a Site Plan Review and Variance for the 15 Eastfield Drive (Lot 52-EF) property, had added her vote to the Commission's action of that meeting, which Ms Hankins did not attend. How is it possible to add her vote when she did not attend? The application in question was denied at that meeting by a two to one vote at a duly held meeting at which a quorum was present! There's a formal set of minutes that document the denial. This apparently "retroactive" vote made the Commission's vote two in favor of the above request and two opposed. Yolanta said that a revote was made and was now three to one in favor of the above request to add 208 square feet to the barn, keep the nonpermitted horse shelter, and make the addition to their home and replace the wood shake roof when the addition was completed. This achieved the result which I thought the City Attorney said was not possible due to the nendancv of the earlier approval! ...on an application that shouldn't have even been on the agenda because it was formally denied at a previous meeting. We opposed the proposed grants of the permits and variances requested in Case 664. We oppose those in Case No. 697. The property owners are now requesting to add additional stable space and to retain the unperrnitted shade shelter on a property on which the lot coverage has already_ been exceeded and for which a previous ruling required removal of one structure. Mr. Gordon stated at the December meeting that they boarded horses on their property and charged the border for expenses. The City Attorney at the meeting stated that Rolling Hills does not permit this and that the City would have to take this up with Mr. Gordon. Has any action been taken on this? Is the planned addition to the horse stable and the illegal shade shelter to enable them to board horses other than for their family? The odor from the existing stall mucking receptacle is already horrible. Will the expansion only make it worse? Would you permit it if it was located next to your property? Should Rolling Hills have a limitation on the number of horses allowed per acre, as some cities require. The Gordons stated they own three horses -- and seemed to imply that they board one or two others that they do not own. Since the Commission took a field trip to the above property, you must realize that 15 Eastfield has only a little over an acre of total • . property, which leaves an extremely small area for three or five or possibly more horses, some of which don't even belong to the property owners and may violate the City's boarding regulations. By virtue of the horse stables, shade shelter, riding ring, art studio, tennis court, spa, and their home, the lot has already exceeded the Planning Commission's regulations for lot coverage. By permitting the current request, you will be permitting another addition to the horse stable and home to exceed the lot coverage even further. Didn't the Planning Commission previously approve the 15 Eastfield home addition with the stipulation that the illegal shade shelter be removed to maintain the lot coverage regulation? Now it is my understanding that the permit is to be changed to add the addition to the horse stable, keep the illegal shade shelter, plus make another addition to their home! Does the Planning Commission follow the property coverage guidelines in the Charter? Will all residents have those same rights to add excessive amounts of buildings, etc. to their property once a precedent has been established with 15 Eastfield? Why are we put in a position to have to fight for a ruling enforcing City regulations which have already been exceeded? We will be attending the hearing and hope you will take our objection into account in rejecting this reauest for permits and variance. Also, we request that you adhere to your previous ruling requiring the property owners to remove the existing unpermitted shade shelter before the home remodeling is started to replace the wood shake roof with a fire retardent material once the home remodeling is completed and to discontinue the boarding of horses owned by others. If the owners choose not to complete the home remodeling, I believe the existing wood shake roof should be replaced immediately due to its potential fire hazard, rather than have the extension that the Planning Commission has granted. Very truly yours, George lr. Farinsky Barbara J. Farinsky •OG January 19, 2005 • Ciiy ofieeenq _ueP Mr. and Mrs. Errol Gordon 15 Eastfield Drive Rolling Hills, CA 90274 • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com SUBJECT: ZONING CASE NO. 697, Request for a Site Plan Review and Variances to retain an existing shade shelter, which encroaches into the front yard setback and to construct an addition to a stable, which would encroach into the front yard; and request for Variances to exceed the maximum permitted structural and total lot coverage at an existing single family residence at 15 Eastfield Drive (Lot 52-EF), Rolling Hills, CA. Dear Mr. and Mrs. Gordon: This letter shall serve to notify you that the Planning Commission at their regular meeting on January 18, 2005 did not approve the previously requested resolution to deny your request in Zoning Case No. 697. Instead, the Commission voted 3-1 to direct staff to prepare a resolution of approval of your request in Zoning Case No. 697 and shall be confirmed in the draft resolution that is being prepared. The Planning Commission will review and consider the draft resolution, together with conditions of approval, at their February meeting and make its final decision on your application at that meeting. The findings and conditions of approval of the draft resolution will be forwarded to you before the Planning Commission meeting. The decision shall become effective thirty days after the adoption of the Planning Commission's resolution unless an appeal has been filed or the City Council takes jurisdiction of the case within that thirty (30) day appeal period. (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. The Planning Commission's action taken by resolution approving the development application is scheduled for Tuesday. February 15, 2005. 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, February 28, 2005. Feel free to call me at (310) 377-1521 if you have any questions regarding this matter. olanta Schwartz Tanning Director IL cc: ' Mr. Thomas A. Blair. AIA • City olaeeng FIELD TRIP NOTIFICATION November 18, 2004 Mr. and Mrs. Errol Gordon 15 Eastfield Drive Rolling Hills, CA 90274 • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com SUBJECT: ZONING CASE NO. 697 Request for a Site Plan Review and Variance to retain an existing shade shelter, which encroaches into the front yard setback and to construct an addition to a stable, which would encroach into the front yard; and request for Variances to exceed the maximum permitted structural and total lot coverage at 15 Eastfield Drive (Lot 52-EF), Rolling Hills, CA. Dear Mr. and Mrs. Gordon: The Planning Commission will conduct a field inspection of the subject property on SATURDAY, DECEMBER 4, 2004 at 8:00 A.M. The site must be prepared according to the enclosed instructions and the following requirements: • A full-size silhouette must be prepared for the addition to the stable, showing the footprints and roof ridge of the addition and covered porch; • Stake the front property line (roadway easement) and the front yard setback line. The owner and/or representative must be present to answer any questions regarding the proposal. After the field trip, the next regular meeting of the Planning Commission will take place on December 29, 2004 at 6:30 PM at City Hall. Please call me at (310) 377-1521 if you have any questions. SincerAIy, r ✓ f,l Y6lanta Schwartz Planning Director Enclosure: Silhouette Construction Guidelines cc: Thomas A. Blair Associates ®PruUli,f cal Iiot',yr:l,,rj • City. opeolfiny. NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1 521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com SILHOUETTE CONSTRUCTION GUIDELINES When required by the Planning Commission or City Council, a silhouette of _ proposed construction should be erected for the week preceding the designated Planning Commission or City Council meeting. Silhouettes should be constructed with 2" x 4" lumber. Printed boards are not acceptable. Bracing should be provided where possible. Wire, twine or other suitable material should be used to delineate roof ridges and eaves. Small pieces of cloth or flags should be attached to the wire or twine to aid i n the visualization of the proposed construction. The application may be delayed if inaccurate or incomplete silhouettes are constructed. If you have any further questions contact the Planning Department Staff at (310) 377-1521. .01 SECTION PLAN GEORGE L. FARINSKY 13 EASTFIELD DRIVE ROLLING HILLS, CA 90274 NOVEMBER 15, 2004 RE: ZONING CASE NO. 697 By NOV 1 6 2004 CITY OF ROLLING HILLS With respect to the Memorandum dated November 16, 2004 relative to Zoning Case No. 697, please note the following observations and questions: 1. The applicant also states that "the existing shade structure has existed without issues for at least 15 years...". I believe this is not true -and that the -structure was constructed (was it without a permit?) in February, March and April 1993. 2. There is no mention in this document of the City's previous determination to have the applicants replace the existing wood shake roofing (installed without permit and presumably determined by the City to be a fire hazard in violation of the building regulations). Is this going to be further deferred? Will the City assume liability for any damages possibly caused by its failure to enforce its earlier determination? 3. I have no recollection of ever having been advised of an application for the issuance of any approval for a 540 square foot basement. Are basements legal in Rolling Hills? 4. Is the expansion of what is already a multi -stalled stable really requested to stable horses owned by persons other than the applicants? 5. Are the City's regulations intended to be enforced? Equally with respect to all property owners? Or only with respect to some. If they aren't intended to be enforced equally with respect to all property owners, why have them at all. Is the Planning Commission's duty to enforce the City's regulations or is it something different? 6. Is the issue at hand one of "Mansionization" versus equestrian aspects? Is it one of approving anything a resident can hide from view? Are parcels on which ANY construction was done prior to enactment of certain planning regulations exempt from ALL SUBSEQUENT REGULATIONS? Is nonconforming development related to equestrian uses (including those of other than applicants?) exempt therefrom...or subject thereto? If the former, why not exempt all nonconforming construction. 7. Is there another property in the city with as many retroactively and prospectively approved nonconforming violations? Where does it end? Purchasers are buying large properties for significant amounts with the expectation that the City's regulations dictate that the size of the property has some relationship with the extent of development that will be permitted. Are these purchasers relying on possible misrepresentations of the facts? Very truly yours, GEORGE L. FARINSKY 13 EASTFIELD DRIVE ROLLING HILLS, CA 90274 NOVEMBER 15, 2004 RE: ZONING CASE NO. 697 Sy t OV 1 6 2004 CITY OF ROLLING HILLS With respect to the Memorandum dated November 16, 2004 relative to Zoning Case No. 697, please note the following observations and questions: 1. The applicant also states that "the existing shade structure has existed without issues for at least 15 years...". I believe this is not true and that the structure was constructed (was it without a permit?) in February, March and April 1993. 2. There is no mention in this document of the City's previous determination to have the applicants replace the existing wood shake roofing (installed without permit and presumably determined by the City to be a fire hazard in violation of the building regulations). Is this going to be further deferred? Will the City assume liability for any damages possibly caused by its failure to enforce its earlier determination? 3. I have no recollection of ever having been advised of an application for the issuance of any approval for a 540 square foot basement. Are basements legal in Rolling Hills? 4. Is the expansion of what is already a multi -stalled stable really requested to stable horses owned by persons other than the applicants? 5. Are the City's regulations intended to be enforced? Equally with respect to all property owners? Or only with respect to some. If they aren't intended to be enforced equally with respect to all property owners, why have them at all. Is the Planning Commission's duty to enforce the City's regulations or is it something different? 6. Is the issue at hand one of "Mansionization" versus equestrian aspects? Is it one of approving anything a resident can hide from view? Are parcels on which ANY construction was done prior to enactment of certain planning regulations exempt from ALL SUBSEQUENT REGULATIONS? Is nonconforming development related to equestrian uses (including those of other than applicants?) exempt therefrom...or subject thereto? If the former, why not exempt all nonconforming construction. 7. Is there another property in the city with as many retroactively and prospectively approved nonconforming violations? Where does it end? Purchasers are buying large properties for significant amounts with the expectation that the City's regulations dictate that the size of the property has some relationship with the extent of development that will be permitted. Are these purchasers relying on possible misrepresentations of the facts? Very truly yours, C1i o/ ie0ii STATUS OF APPLICATION & MEETING NOTIFICATION November 8, 2004 Mr. and Mrs. Errol Gordon 15 Eastfield Drive Rolling Hills, CA 90274 INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com SUBJECT: ZONING CASE NO. 697, Request for a Site Plan Review and Variance to retain an existing shelter, which encroaches into the front yard setback and to construct an addition to a stable, which would encroach into the front yard; and request for Variances to exceed the maximum permitted structural and total lot coverage at 15 Eastfield Drive (Lot 52-EF), Rolling Hills, CA. Dear Mr. and Mrs. Gordon: Pursuant to state law the City's staff has completed a preliminary review of the application noted above and finds that the information submitted is: N/ Sufficiently complete as of the date indicated above to allow the application to be processed. Please note that the City may require further information in order to clarify, amplify, correct, or otherwise supplement the application. If the City requires such additional information, it is suggested that you supply that information promptly to avoid any delay in the processing of the application. Your application for Zoning Case No. 697 has been set for public hearing consideration by the Planning Commission at their meeting on Tuesday. November 16, 2004. The meeting will begin at 6:30 PM in the Council Chambers, Rolling Hills City Hall Administration Building, 2 Portuguese Bend Road, Rolling Hills. You or your designated representative must attend to present your project and to answer questions. The staff report for this project willbe available at the City Hall after 3:00 PM on Friday, November 12, 2004. We will mail a copy to you and your representative. Please call me at (310) 377-1521 if you have any questions. Sincerely, n Y l nta Schwartz Pia ming Director PN, ft l or. li,•,.'rrd • To the Planning Commission City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 Ladies and Gentlemen: RE: Zoning Case No. 697 BARBARA J. FARINSKY 13 EASTFIELD DRIVE ROLLING HILLS, CA 90274 NOVEMBER 6, 2004 NOV 12 2004 GUY OF RUNG HILLS By We received your notice for the above case requesting a Site Plan Review and Variance to retain an existing shade shelter. which encroaches into the front yard setback and to construct an addition to a stable. which would encroach into the front yard. 15 Eastfield Drive (Lot 52-EF) already has exceeded permitted lot coverage allowed by city regulations. It was our understanding in May 2003 that the above property owners requested a variance for an addition on their home and would be granted the permit only if they removed the existine shade shelter and replaced the ilieeaI wood shake on all their existing roof lines. There was work being done on the home this last summer. We were under the assumption that the owners received their permit and were completing their home addition and would soon be removing the shade shelter and replacing the wood roof shakes. Since the July 2004 deadline to replace the roof has passed, I spoke to Roger Vink and was informed that the permit was never issued for any home remodeling and that Case No. 697 was going to be presented to the Planning Commission. The illegal wood shake roof had been granted an extension for several years to be replaced by July 2004, and it is still not completed. The wood shake roof is a fire hazard to all of the neighbors in our area. Should it be a source of a fire which damages other properties, would the city's failure to timely enforce its earlier ruling provide grounds for the city to be held liable for any resulting damage? Enclosed is a copy of our letter dated May 18, 2003 stating that we opposed the proposed grants of the permits and variances requested in Case 664. We oppose the Case No. 697 for the same reasons because the property owners are now requesting to add an additional stable and to retain the illegal shade shelter that has exceeded the lot permits. Would the stable expansion be required if the residents (who we believe own only one horse) were not housing horses other than their own, which they may already be doing? The Planning Commission's duty is to protect all the property owners in the city and to enforce the building regulations equally for all. As stated in our May 18, 2003 letter the former neighbors at 11 Eastfield Drive were not able to obtain permission for an addition which exceeded permitted lot coverage by substantially less than is already exceeded at the 15 Eastfield property. The • Planning Commission should look at that case again to determine why that addition was turned down, and why 15 Eastfield has continually been allowed to exceed permitted lot coverage. We unfortunately will be unable to attend the hearing and hope you will again take our objections into account in reiectine this request for permits and variances. Also, we hope you will adhere to your previous ruling reauiring the proverty owners to remove the existing shade shelter and replace the wood shake roof with a fire retardent material. Very truly yours, Barbara J. Farinsky GEORGE L. FARINSKY 13 EASTFIELD DRIVE ROLLING HILLS, CA 90274 MAY 18, 2003 To the Planning Commission City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, CA 90274 Ladies and Gentlemen: This letter is furnished pursuant to an undated notice furnished us concerning Zoning Case No. 664. As an adjacent Rolling Hills property owner, I hereby advise you that I oppose the proposed grants of the permits and variances requested in Case 664 because the coverages on the property already exceed those permitted by the City's regulations and because the additional roof areas will cause further accumulations of water which will add to those which already flow across our property in heavy rainfalls. As you know from your previous reviews of the property in question, the requests in this case are not for approvals to exceed various permitted lot coverages, but rather for approvals to FURTHER EXCEED permitted lot coverages. If such approvals are granted, it seems they are tantamount to stating that the existing regulations are unenforceable. If this is to be the case, wouldn't it be more appropriate to amend the regulations to permit greater lot coverages for all residents rather that only approving them for a select few? In this regard, you should note that the Strawns, our prior neighbors at 11 Eastfield Drive, moved because they could not obtain permission for an addition which exceeded permitted lot coverage by substantially less than is already exceeded at the 15 Eastfield property. There is a potential for excessive water flow damaging our property from the addition of roof surface and connection of new downspouts on the proposed additions. I have previously discussed drainage control with the City and the County, who each have claimed that the other has responsibility for Rolling Hills drainage projects. Past projects have apparently ended up the hill from us, so we already have substantial water flow across our property every time there is a significant rainfall. Additional roof surfaces and drainage connections to the existing "drainage system" (which merely deposits all the runoff from 15 Eastfield in our easement) will simply aggravate this situation. • • With respect to the Case drawings and staff report, note that the garage is now attached rather than detached. Ask Roger Vink whether another unrecorded addition was made when the roof was replaced with an unapproved wood shake. There is another horse shelter structure on the property East of the stable, not shown on the drawings, that was built approximately in 1993. Also, if the previous coverages were 12,437 square feet and 19,560 square feet, it seems that the proposed 886 and 583 square feet of additions (total 1,469 square feet) would make them 13,906 and 21,029 square feet, respectively. Further, our lot at 13 Eastfield is 3.293 acres or 143,443 square feet rather than the 95,590 shown and your maps show 11 Eastfield is 2.19 acres or 95,396 square feet rather than the 217,800 shown. I regret I am unable to attend the hearing and hope you will take my objection as well as your history with the subject property into account in rejecting this request for permits and variances. Very truly yours, George L. Farinsky Jun,19 01 02:18p Jenkins & Hogin, LLP (310) 939-1726 p•2 JENKINS HOGIN,uP MICHAEL JENKINS CHRISTI HOGIN A LAW PARTNERSHIP 1325 NINETEENTH STREET MANHATTAN BEACH, CALIFORNIA 90266 (310)939-1736 • FAX (310) 939-1726 www.LocalGovLaw.com WRITER'S EMAIL ADDRESS: MJENKINS@L OCALGOVLAW.COM Errol J. Gordon, Esq. 15 Eastheld Drive Rolling Hills, CA 90274 June 19, 2001 Re: Settlement documents Dear Mr. Gordon: Enclosed is an execution original Settlement Agreement for your signature. Please sign it and return it to Craig Nealis in City Hall. He will arrange for execution by the City, and will forward you a fully executed copy for your files. Thank -you for your cooperation. iy you Je City Attorney City of Rolling Hills cc: Craig Nealis Jun,19 01 02:18p Jenkins & Hogin, LLP (310) 939-1726 p.3 SETTLEMENT AGREEMENT THIS SETTLEMENT AGREEMENT (hereinafter "Agreement") is entered into as of the dates set forth below by and between the City of Rolling Hills, a municipal corporation (hereinafter "City")and Errol Jay and Joeann Gordon, individuals (hereinafter "Gordon"). RECITALS A. Rolling Hills Municipal Code Sections 15.04.100 and 17.16.190 provide that no more than 200 square feet of re- roofing may match existing roofing materials where the existing roof is covered with wood shake or shingles. B. Pursuant to Building Permit No. BL1202007200046 Gordon performed a remodeling project at his residence located at 15 Eastfield Drive, Rolling Hills, during the course of which more than 200 square feet of new wood shake material was installed on the roof. C. City contends that the roofing work was unauthorized by the Building Permit and in violation of the Rolling Hills Municipal Code. D. Gordon contends that the re -roofing was authorized by the approved plans and permits. E. There exists a dispute between the parties as to whether the new roofing material must be removed and the structure re -roofed with a Class A roof covering in compliance with the Municipal Code. F. The parties have each determined that it is in their respective interests to settle the dispute in the manner prescribed by and set forth hereunder in this Agreement. G. It is the intent of the parties in entering into this Agreement to effectuate an orderly and amicable resolution of the dispute. NOW THEREFORE, in consideration of the foregoing and of the mutual promises and covenants hereinafter set forth, it is hereby stipulated by and between the parties hereto as follows: 1. Parties. The parties to this Agreement are: (a) The City of Rolling Hills, a municipal corporation. (b) Errol Jay Gordon, an individual and Joeann Gordon, an individual. W8390\1010\644331.1 Jun. 19 01 02:19p Jenkins & Hogin, LLP (310) 939-1726 p.4 2. Re-Roofino of Residence. Gordon shall re -roof the entire residential structure (house and garage)located at 15 Eastfield Drive, Rolling Hills within three (3) years of the date of execution hereof. The roof shall be covered with a roof covering acceptable to the City and the Rolling Hills Community Association. 3. Citv's Remedies. City agrees to forbear from taking enforcement action against Gordon relative to the re- roofing of the subject structure until and unless Gordon fails to re -roof within the time period set forth in Paragraph 2 above. Should Gordon fail to comply with the obligation set forth in Paragraph 2, Gordon agrees that City may record the lien attached hereto as Exhibit A. Gordon hereby waives the right to contest the recordation of the lien as above provided. 4. Release of Lien. It is mutually understood that Gordon may refinance the mortgage on the property notwithstanding the within agreement and possible lien. In such event, and if the lien has been recorded as provided in Paragraph 3 above, City agrees to release the lien as long as the lender segregates and dedicates the necessary funds, up to $30,000,to re -roof the structures as contemplated herein, in an escrow account or in another manner sufficient to ensure the re -roofing contemplated herein. 5. Aareement Bindinu. This agreement shall inure to the benefit of and be binding upon the officers, agents, employees, consultants, independent contractors, members, heirs, successors, assigns and delegees of the parties herein. Any such assignee or delegee shall be fully bound by each and every applicable term and condition of this Agreement as though a signatory thereto. 6. Deny Liability. It is understood and agreed that this Agreement is the compromise of disputed claims, and that the terms and conditions recited hereinabove are not to be construed as an admission of liability on the part of the parties, and that said parties deny liability therefor and intend merely to avoid litigation. 7. Entire Aareement. It is understood and agreed that no promise, inducement or agreement not herein expressed has been made to the undersigned, and that this Agreement contains the entire agreement between the parties hereto with reference solely to the matters herein addressed. All prior discussions and negotiations have been and are merged and integrated into, and are superseded by, this Agreement. 8. Advice of Counsel. The advice of legal counsel has been obtained by the parties prior to the execution of this Agreement. All parties hereby execute this settlement voluntarily with full knowledge of its significance. W8390\1010\644331.1 - 2 - Jun19 01 02:19p Jenkins & Hogin, LLP (310) 939-1726 p.5 9. Enforcement of Agreement. In the event of a violation of this Agreement, the parties shall have available all remedies at law or in equity available, which remedies shall include, by way of illustration but not limitation, suits for injunctive or declaratory relief, specific performance, relief in the nature of mandamus or actions for damages; all of said remedies shall be cumulative and not exclusive of one another, and the exercise of any one or more of said remedies shall not constitute a waiver or election with respect to any other available remedy. 10. Interpretation. This Agreement is deemed to have been prepared by all of the parties hereto, and any uncertainty or ambiguity herein shall not be interpreted against the drafter, but rather, if such ambiguity or uncertainty exists, shall be interpreted according to the applicable rules of interpretation of contracts. 11. Authority. The persons so signing this Agreement hereby warrant that they have full authority to sign this Agreement on behalf of the respective parties on whose behalf they sign, as well as their officers, agents, employees, consultants and independent contractors. 12. Costs. Each of the parties shall bear its own costs and attorneys' fees in connection with the matters leading up to and the negotiation of this Agreement. 13. Final Aonrova]- of Construction. Upon execution of this Agreement, City shall issue final approval of the construction performed at 15 Eastfield Drive pursuant to Building Permit No. BL0007200046, Electrical Permit No. EL0010180064, Mechanical Permit No. ME0010180011 and Plumbing Permit No. PL0010180009. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by each of them and/or by their respective and duly authorized representatives on the date set forth below. CITY OF ROLLING HILLS Dated: - .....-----......- ---- By:__ ... --- ---- City Manager W8390\1010\644331.1 - 3 - Jun 19 01 02:19p Jenkins & Hogin, LLP (310) 939-1726 p.6 ATTEST: City Clerk Dated: ERROL JAY GORDON By: Errol Jay Gordon Joeann Gordon Dated: By: Joeann Gordon W6390\1010\644331.1 - 4 - Jun 19 01 02:19p Jenkins & Hogin, LLP t310) 939-1726 p.7 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: CITY OF ROLLING HII .I S 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (Exempt from filing fees) Above for Recorder's Use Only NOTICE OF LIEN (15 Eastfield Drive, Rolling Hills, California) PROPERTY OWNERS: Errol Jay Gordon and Joeann Gordon, cunently residing at 15 Eastf eld Drive, Rolling Hills, CA 90274. Legal Description The real property upon which a lien is claimed is that certain parcel of land lying and being in the City of Rolling Hills, County of Los Angeles, State of California, and particularly described as follows (the "Property"): Lot: 52 Parcel: 11 Tract: 29529 in the City of Rolling Hills, County of Ios Angeles, State of California, as per Map recorded in Book 7567, page 2 of Maps, in the Office of the County Recorder of said County. Common Description 15 Eastlield Drive, Rolling Hills, California 90274 Gordons have failed to construct a new roof on the residential structure on the above -described property as required by Rolling Hills Municipal Code Sections 15.04.100 and 17.16.190 and their agreement with the City dated . 2001. Pursuant to the authority vested by the provisions of the Uniform Building Code, adopted by reference by Section 15.04.010 of the Rolling Hills Municipal Code, and pursuant to the agreement entered into by and between the Gordons and the City of Rolling Hills dated June , 2001, Gordons are obligated to re -roof the residential structure on the above -referenced property in order to resolve the dispute described in the aforementioned agreement. The City does hereby claim a lien for the cost of said re -roofing in the amount of $30,000, and the same 4;ORDONLIEN Jun 19 01 02:19p Jenkins & Hogin, LLP (310) 939-1726 p.9 shall be a lien upon said real property until the structure has been re -roofed in accordance with . the provisions of the Municipal Code. This lien shall run with all of the above described land and shall be binding upon Gordon and all future owners, encumbrances, their successors, heirs or assignees and shall continue in effect until released by the authority of the Building Official of the City of Rolling Hills upon submittal of request and evidence that this Lien is no longer required by law. This lien may be satisfied upon a sale of the property, or a refinance of the tnortgage thereon, if the escrow or title company handling said transaction segregates and dedicates the necessary funds, up to $30,000, to re -roof the residence and garage on the property, in an escrow account, or in another manner sufficient to ensure the re -roofing contemplated herein. CITY OF ROLLING HILLS, a California municipal corporation By: Craig Nealis City Manager Dated: June , 2001 STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES On , 2001, before me, the undersigned, a Notary Public in and for said County and State, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose natne(s) is/arc 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 within instrument. WITNESS my hand and official seal. 2 Notary Public