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412, Alterations & additions to exi, Applicationge TO: • City O/ /o/fin INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS. CALIF. 90274 (213) 377.1521 MR. GORDON SIU, 6 MIDDLERIDGE ROAD NORTH, ROLLING HILLS, CA MR. MANSOOR MIRSAIDI, 1 MAVERICK LANE, ROLLING HILLS, CA 90274 FROM: CITY OF ROLLING HILLS The plan for: ZONING CASE NO. 412 Applicant: SIU/MIRSAIDI Address: PROJECT SITES: 9 CABALLEROS ROAD & 1 MAVERICK LANE ROLLING HILLS, CA (a) Complies with City Zoning requirements (b) Needs Variance ( Contact City for application and submittal requirements. (c) Needs Conditional Use Permit Contact City for application and submittal requirements. (d) Needs Site Plan Review Contact City for application and submittal requirements. (e) XX Other (see below) The Planning Commission's decision on Zoning Case No. 412 will be reported to the City Council at their meeting of Monday, April 23, 1990, at 7:30 p.m. Should you have any further questions regarding this matter, please contact this office. APRIL 18, 1990 ku tikvsiz Ray Hamada Principal Planner cc: Doug McHattie, South Bay Engineering 304 Tejon Place, Palos Verdes Estates, CA 90274 ZC 412 ROE UEST FOR HEARING FOR ZONE VARIANCE CITY OF ROLLING HILLS The undersigned 61 C., I2n r) rJ '5 l L) Name 9 Pon7c)r-ivr=51- C5(=c o) 121) Street Address (1) is/are the owner(s) or is/are in lawful possession of (2) has permission of the owner Legal description of property situated at 9 CA 1/ t_ 2. I r Street Address Z2-5955 Telephone Number 2 R,4. 4;7./34 3 2- Lot / Tract Describe in detail the nature of the proposed use, including what aspects of the project require a Variance. II I /_\ 1 e r a- t 0 1,-N riri k t � t-1 t1 S (1 P x t C 4-11-L a A s tm -aI l G P1 V h r —i "t l Cam? td 11 tr U o I-Yl f 1'1 4 O t k rip � ri Vr- (I Criteria to be satisfied for grant of Variance IreStot "et,)re,1 roJec4. Such change is based upon the following described exceptional or extraordinary circumstances or conditions that do not apply generally to other property in the 'same vicinity and zone. \))he_v, �-k rth evic(or, �)� S Cu-e�_Qc� Eo�,a V%)erp I1-1-a(1El- \/0t4-1- 1C_(,1Irreh �P� b CIS re_a u tr t,-,Pr,�S 4-1-1e 1-117J 5 P i 5 et-,(3 J r l OT 1 C. o rt 4- 0 1' 1-11� I nj Such change will not be materially detrimental to the public welfare nor injurious to the property or improvements in such vicinity and zone where property is r-located because M 3 1-1 i b (0 r1'1 'S It-) �C I, 1 1'1�1 (-)-1 e (^j 1 �e r� 4- e' rl C 1 V In-1rrhtiPi-ne_nt:`� FILING FEE A filing fee c+0r0110.4-must accompany the application. Make check payable to: THE CITY OF ROLLING HILLS OWNER'S DECLARATION I, (We), declare under penalty of perjury that the foregoing is true and correct. Executed at this day of Address , California, , 19 NOTE: The Owner's Declaration can only be used if this application is signed in California. If this application is signed outside of California, the applicant should acknowledge before a Notary Public of the State where the signature is affixed, or before another officer of that State authorized by its laws to take acknowledgments, that he (it) owns the property described herein, and that the information in the accompanying this application is true to the best of his (its) knowledge and belief. Attach appropriate acknowledgment here. FORMS ISSUED TO: NAME ORGANIZATION JO$. AUDPE$S DATE, DECISION OF PLANNING COMMISSION FILED FEE $ RECEIPT NO: , 19 The action of the Planning Commission will be final unless within twenty (20) days following the notice to the applicant of the decision, an appeal in writing is filed with the City Clerk by: A. The applicant; B. Any person who protested, either orally or in writing, as a matter of record, prior to the final vote of the Planning Commission on the matter and who, in addition, received or was entitled to receive the written notice specified in subdivision 2 of subsection A of Section 17.40.060; or C. The City Council, upon the affirmative vote of three members of the Council. In order to obtain a building permit, it will be necessary for the applicant to sign a copy of the findings that they understand and accept the conditons of approval. Does the site development plan preserve surrounding native vegetation and supplement it with landscaping that is compatible with and enhances the rural character of the community? Landscaping should provide a buffer and transition zone between private and public areas. L X r i t 61 L,4 N D C" /a P I S r-, 2 (% /-0 til 5 ,�1 (fi n ? l n hl A L. (p PAC r= l 7 Q R 0 P O S E D Does the site development plan substantially preserve the natural and undeveloped state of the lot by minimizing building coverage? Lot coverage requirements shall be regarded as maximums and the actual amount of lot coverage permitted should depend upon the existing buildable area of the lot. I I I t -C.-. J ror(1Scam'd t !�1 <-t" ; I I �-�aVe. a+ 1( �ttruC4uIral C' n 0 etr et- r, a -C 7� I 4 Wei( I( h P t a - k P a. (( i a h (•e. --- Is the site development plan harmonious in scale and mass with the site, the natural terrain and surrounding residences? Setbacks shall be regarded as minimums and more restrictive setbacks shall be imposed where necessary to assure proportionality and openness. ailed +o ke r (ate' Srze- aC 1/�-II►h�,ir<7n,? ef= Ie�>•F,�nr-, Or► 1-1e / l) a r_Il � 5 p tm v, P C Is the site development plan sensitive and not detrimental to convenience and safety of circulation for pedestrians and vehicles? 14- rem a(.3 Does the site development plan conform with the requirements of the California Environmental Quality Act? - S e e Gh,(21-,%-r•e $ C %ec(�Ii f3U�r FILING FEE A filing fee must accompany the application. Make check payable to: City of Rolling Hills OWNER'S DECLARATION I. (We, declare under penalty of perjury that the foregoing is true and correct. Executed at P/_1 !_ a', V Q_0( L3?1-1 , California, this 2 g Ls day of 1�1 oV r(- 1 Q.) R_. 19 co9 4i te r rl PoQTv(,vasC (EnIo (Address) P-U L L_ ( tit 6-1 1--1 t L. L S Cab, 9617 4 NOTE: The Owner's Declaration can only be used if this application is signed in California. If this application is signed outside of California, the applicant should acknowledge before a Notary Public of the State where the signature is fixed, or before another officer of that State authorized by its laws to take acknowledgments, that he (it) owns the property described herein, and that the information accompanying this application is true to the best of his (its) knowledge and belief. Attach appropriate acknowledgment here. FORMS ISSUED TO: NAME FILED ORGANIZATION FEE JOB ADDRESS RECEIPT NO. H.N.M. BY: DECISION OF PLANNING COMMISSION 19 The action of the Planning Commission will be final unless within twenty (20) days following the notice to the applicant of the decision, an appeal in writing is filed with the City Clerk by: A. The applicant; B. Any person who protested, either orally or in writing, as a matter of record prior to the final vote of the Planning Commission on the matter and who, in addition, received or was entitled to receive the written notice specified in subdivision 2 of subsection A of Section 17.40.060; or C. The City Council, upon the affirmative vote of three members of the Council. In order to obtain a building permit, it will be necessary for the applicant to sign a copy of the findings that they understand and accept the conditions of approval. COMPUTATION OF LOT COVERAGE CITY OF ROLLING HILLS LOT COVERAGE (Ordinance No. 188) Main buildings, accessory buildings, structures, tennis courts, swimming pools, service yards (enclosed or unenclosed), stables, or an area of not less than 200 square feet for the construction of a stable (with vehicle access thereto) shall not cover more than twenty (20%) percent of the net lot area; provided further that in addition to the above described improvements, the areas included within driveways, parking space, walks, patios, decks and asphalt or concrete paving of any kind excepting roads maintained by the Rolling Hills Community Association, shall not cover more than thirty-five (35%) percent of the net.lot area. For the purposes of this Section "net area" shall exclude all perimeter easements for a maximum of ten feet and that portion of the lot or parcel of land which is used for roadway purposes, and shall also exclude any private drive or driveway which provides ingress and egress to any other lot or parcel of land, and access strip portion of any flag lot. BUILDING AREA EXISTING PROPOSED TOTAL CALCULATIONS NET LOT AREA 82,400 sq. ft. sq. ft. sq. ft. RESIDENCE 2,388 sq. ft. 2,391 sq. ft. 4,779 sq. ft. GARAGE 600 sq. ft. 144 sq. ft. 744 sq. ft. SWIMMING POOL 510 sq. ft. sq. ft. sq. ft. STABLE 684 sq. ft. 200 sq. ft. 200 sq. ft. TENNIS COURT -- sq. ft. sq. ft. — sq. ft. SERVICE YARD --- sq. ft. 100 sq. ft. 100 sq. ft. OTHER sq. ft. sq. ft. sq. ft. TOTAL SQUARE FEET 4,182 2,835 5,891 % STRUCTURE COVERAGE Si. % 3.4 % 7.1 % DRIVEWAY 1,484 sq. ft. sq. ft. 1,484 sq. ft. PAVED WALKS AND PATIA7A sq. ft. 1,800 sq. ft. 1,800 sq. ft. POOL DECKING 1,394 sq. ft. sq. ft. sq. ft. TOTAL SQUARE FEET 4.754 1,80D 3.284 %FLATWORK COVERAGE S A % 2.2 % 4.0 % %TOTAL COVERAGE 10.9 % -- % 11.1 % The undersigned Ri UEST FOR HEARING FOR ZONE VARIANCE CITY OF ROLLING HILLS /17A A/' 'c, R / //2 //7 / Name /%A // 42 /('..4%'' 44VZ,7 Street Address is/are the owner(s) or is/are in lawful possession of (2) )has permission of the owner Legal description of property situated at Street Address Describe in detail the nature project require a Variance. /2E %<( /./'//,V' Lot of the proposed use, //V Criteria to be satisfied for grant of Variance S¢/-7367 Telephone Number Tract including what aspects of the Such. change is based upon the following described exceptional or extraordinary circumstances or conditions that do not apply generally to other property in the 'same vicinity and zone. ES/'%'i i v / ? V /L / C' To Ac oc_x_I Such change will not be materially detrimental to the public welfare nor injurious to the Property or improvements in such vicinity and zone where property.is locat4A herallse. D G "IC-2 A) CrIA) C O C_ i'/ 0 /J Fi r= . i i.../ cJA c-c_ c-) / 13C 0,j/ T/ ���E �'«eS 2 V/s I on) Ld3 ArOriL eC'oOA) %Y aL_0(7 5"-A/=Gl Y FILING FEE A filing fee must accompany the application. Make check payable to: OTHER' S DECLARATION 7 I, (Ne), declare under penalty of perjury that the foregoing is true and correct. Executed at ig_ (Z_ /„.64 e.-L____,-.0z_. this 7 day of % -4.--, . California, k>,;7/(1c/, NOTE:The Owner's Declaration can only be used if this application is signed in California. If this application is signed outside of California, the applicant should acknowledge before a Not_ry Public of the State where the signature is ffixed, or before another officer of that State authorized by its laws to take . .icknowledgments, that be (it) owns the property described herein, and that the information in the accompanying this application is true to the best of his (its) knowledge and belief. Attach appropriate acknowledgment here. • FORMS ISSUED T0: !WW PILED , 19 ORGANIZATION. RGANIZATIO FEE $ J'OS 1,DDR,ESS BIN itM„ RECEIPT NO. ATE • By • DECISION OF PLANNING COMMISSION The action of the Planning Commission will be final unless within twenty (20) days following the notice to the applicant of the decision, an appeal in writing is filed with the City Clerk by: A. The applicant; B. Any person who protested, either orally or in writing, as a matter of record prior to the final vote of the Planni*y Commission on the matter and who, in addition, received or was entitled to receive the written notice specified in subdivision 2 of subsection. A of Section 17.40.060; or C. The City Council, upon the affirmative, vote of three members of the Council. In order to obtain a building permit, it will be necessary for the applicant to sign a copy of the findings that they understand and accept the conditons of approval. X OWNER'S ACKNOWLEDGMENT Property development in Rolling Hills is governed by ordinances of the City of Rolling Hills ("City") and by private deed restrictions enforced by the Rolling Hills Community Association ("RHCA"). The land development permit process of the City and the RHCA are completely independent and separate. Both must be satisfied and approval given by both the City and the RHCA to develop property in Rolling Hills. An approval by either the City or the RHCA does not mean or imply or ensure approval by the other. The suggested sequence for property development is to obtain City approvals first. I, (We), the undersigned, acknowledge that the above statement has been fully read and its admonition is completely understood. Executed at California 7-7 this 77 day of Gii1/2,--1_,;- , 19 e?D. By: By:, ^Addres 27 0City • • COMPUTATION OF LOT COVERAGE CITY OF ROLLING HILLS LOT COVERAGE (Ordinance No. 188) Main buildings, accessory buildings, structures, tennis courts, swimming pools, service yards (enclosed or unenclosed), stables, or an area of not less than 200 square feet for the construction of a stable (with vehicle access thereto) shall not cover more than twenty (20%) percent of the net lot area; provided further that in addition to the above described improvements, the areas included within driveways, parking space, walks, patios, decks and asphalt or concrete paving of any kind excepting roads maintained by the Rolling Hills Community Association, shall not cover more than thirty-five (35%) percent of the net lot area. For the purposes of this Section "net area" shall exclude all perimeter easements for a maximum of ten feet and that portion of the lot or parcel of land which is used for roadway purposes, and shall also exclude any private drive or driveway which provides ingress and egress to any other lot or parcel of land, and access strip portion of any flag lot. BUILDING AREA EXISTING PROPOSED, TOTAL CALCULATIONS NET LOT AREA 82,400 sq. ft. sq. ft. sq. ft. RESIDENCE 2,388 sq. ft. 2,391 sq. ft. 4,779 sq. ft. GARAGE 600 sq. ft. 144 sq. ft. 744 sq. ft. SWIMMING POOL 510 sq. ft. sq. ft. sq. ft. STABLE 684 sq. ft. 200 sq. ft. 200 sq. ft. TENNIS COURT --_ sq. ft. --- sq. ft. _ sq. ft. SERVICE YARD ___ sq. ft. 100 sq. ft. 100 sq. ft. OTHER sq. ft. sq. ft. sq. ft. TOTAL SQUARE FEET 4,182 2,835 5,891 % STRUCTURE COVERAGE 5.1 % 3.4 % 7.1 % DRIVEWAY 1,484 sq. ft. --- sq. ft. 1,484 sq. ft. PAVED WALKS AND PATT7 A sq. ft. 1,800 sq. ft. 1,800 sq. ft. POOL DECKING 1,394 sq. ft. --- sq. ft. sq. ft. TOTAL SQUARE FEET 4.754 1 , R(Y) 3.284 %FLATWORK COVERAGE s ,R % 2.2 % 4.0 % %TOTAL COVERAGE i.0.9 ; % -- % 11.1 % REQUEST FOR HEARING FOR SITE PLAN REVIEW CITY OF RQLLINSLHILLS The undersigned 'Do rdc-E LA'- l4 . t\-q c A i T l C= Name 3-04 Tejo13 PL , P. (J iT 9 o z 7 of Street Address 375 -Z SS h Telephone No. (1) is/are the owner(s) or is/are lawful possession of has permission of the owner Legal description of property situated at 3 2_ 126, ( 7/3/ 3 Z. Lot "tr 9 c /, f i\ L L E.: /2 Street Address Describe in detail the nature of the proposed project, including what aspects of the project require a Site Plan Review. A I -t e r a -- t O t'1 St H of Ct 1 h ti er. -(-r S l ir�q Site Plan Review criteria upon which the Planning Commission must make an affirmative finding. Describe in detail the project's conformance to the below criteria: Is the project compatible with the General and surrounding uses? -I- in p r n j e. c -E- v. 3 t-c e Iv, 4-1rkP.. kAE - 2 Plan, the zoning ordinance , r fa .0 r� c � i J 7-0 nE. Does the project preserve and integrate 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)? \�6. TI-te_ rb-o ,e��'C" 1 5 r-5o d/e> !ai-1e_�( 40 C' ► k z. e C(5 r (1 brt i l. d a b LP_ n rea. 5 �- res. -i-a ch e, 5z. , Z-Ft h a v tar car3(1,a Does the sitetdelopment plan follow natural contours of the site to minimize grading; extensive grading and re--ntouring of existing terrain to maximize buildable area shall not be approved. Graded slopes shall be rounded and contoured so as to blend with existing terrain. Grading shall not modify existing drainage or re -direct drainage flow unless into an existing drainage courses. Th e. m a i n i o i" k P x ('') t tt a an 1 Corr t-n `1 L) Pr'\ri 1\nC, Are. COMPUTA?IONN OF LOT COVERAGE CITY OF ROLLING RILLS LOT COVERAGE (Ordinance No. 188) Main buildings, accessory buildings, structures, tennis courts, swimming pools, service yards (enclosed or unenclosed), stables, or an area of not less than 200 square feet for the construction of a stable (with vehicle access thereto) shall not cover more than twenty (20%) percent of the net lot area; provided further that in addition to the above described improvements, the areas included within driveways, parking space, walks, patios, decks and asphalt or concrete paving of any kind excepting roads maintained by the Rolling Hills Community Association, shall not cover more than thirty-five (35%) percent of the net lot area. For the purposes of this Section 'net area'shall exclude all perimeter easements a maximum of ten feet and that portion of the lot or parcel of land which is used :or roadway purposes, and shall also exclude any private drive or driveway which pro- vides ingress and egress to any other lot or parcel of land, and access strip portion of any flag lot. BUI'.DING AREA CALCULATIONS r LOT AREA 07, 7 9 2 •;, . sq. ft.- RESIDENCE • 4 9 8 C) eq.- ft. . GARAGE 4 S 4 eq. ft. SWIMMING POOL 4- '? 2) .-sq. ft. STABLE 2 O O sq. ft. TEOINSS COURT sq. ft. • TOTAL SQUARE FEET �J 142 % COVERED (MAY NOT EXCEED 20% OF NET LOT AREA) t . DRIVEWAY PAVED WALKS AND PATIO AREA POOL DECKING f`77-i 34c sq. ft. sq. ft. sq. ft. TOTAL SQUARE FEET 2- O 7 Go '2_, 4- . TOTAL COVERAGE (MAY NOT EXCEED 35% OF NET LOT AREA) Qua 9 2 OWNER'S DECLARATION I. (We, declare under penalty of perjury that the foregoing is true and correct. Executed at p/_1 L O, �L Q (7( �- L7/� i (= a , California, this 2 l� day of N-1 oV (?) 19 'CD 9 Poarof-,ULSG (3E40 (ID (� (Address) P,0t_L_l.4(L_L S 9027y NOTE: The Owner's Declaration can only be used if this application is signed in California. If this application is signed outside of California, the applicant should acknowledge before a Notary Public of the State where the signature is fixed, or before another officer of that State authorized by its laws to take acknowledgments, that he (it) owns the property described herein, and that the information accompanying this application is true to the best of his (its) knowledge and belief. Attach appropriate acknowledgment here. FORMS ISSUED TO: NAME FILED ORGANIZATION FEE JOB ADDRESS RECEIPT NO. H.N.M. BY: DECISION OF PLANNING COMMISSION 19 The action of the Planning Commission will be final unless within twenty (20) days following the notice to the applicant of the decision, an appeal in writing is filed with the City Clerk by: A. The applicant; B. Any person who protested, either orally or in writing, as a matter of record prior to the final vote of the Planning Commission on the matter and who, in addition, received or was entitled to receive the written notice specified in subdivision 2 of subsection A of Section 17.40.060; or C. The City Council, upon the affirmative vote of three members of the Council. In order to obtain a building permit, it will be necessary for the applicant to sign a copy of the findings that they understand and accept the conditions of approval. • • 01/17/91111 18:09 002 10, WITUAL `E MY 5STTL.1321ENT 110s«i%rik.ai.ki. 1. PAEXIES ��J C ./� I, II I CITY CF ZCLLING HILLS By.. 1.1. The parties to this Mutual Release iiiiikettlenent Agreement ("Agreement") are Rolling Hills Connossity.11000iation is of Rancho Palos Verdes ("RCHA"), represented by !ado* T. Croft, Roy Stinnett and Rosemarie Stinnett (hereinafter the i "STINNETTS"), represented by christopher 7. Nilson the law offices of Morgan, Lewis & 8ockius, and Jesse 8. Merliandes of the law offices of Anderson, HcPharlin & Conners, and MOO= end Harmer Mirsaidi (hereinafter the "MIRSAIDIS"), by Alex Powell of the law offices of Cornell, Powell, i• Hackett and Neil Gunny of the law offices of iagemba4gh a. aftwiliv. 2. RECITALS 2.1 On or about July 15, 1988, the flllnd an action in the Los Angeles Superior court entitled Mirsaidi, L.A.B.C. Case No. C 694 969, alleging, interferences with an easement, emotional distress, •sue 1 injury. Tha MIRSAIDIS filed an Answer denying the el.legot of the complaint. • 2.2 On or about 8eptembar 7, 1986,,th. filed a cross -Complaint against than STINNETTS ell, Anitax Alia, interference'with an easement, emotional distS4s, and • 01/17/94111 18:10 • 003 personal injury. The STINNETT5 filed an Answer Y# ' allegations of the Cross -complaint. 2.3 -The parties have now agreed to so410 411 disputes between them. 3. REBET ;,.s41..,,�TxB� A rE�s 3.1 amonlagjit_taa_rjaltillt. The IIMMONWrOMmli psi i I the sum of $16,300.00 to the STINNETTS7 the sTrUNNWpf tlb+lril peg the sum of $16,500.00 to the MLRSAIDIS and ARCA smell pay the sum of $1,000.00 for easement clearance. Said puts:sbALI be allocated by the parties as set forth in section 142 blame. 3.2 a,, oc tion. Qf Pods. Of the $34010 to bet pai4b, $22,000 will be allocated to the STINNETTS as essiiisnel distress and''physical injury compensationt.$12,000 vill bsteilloc*tsd to the STINNETTrs for clearance of the easement. If the +goat of clearance of the easement exceeds,$12,000, the ll +' lnd MIRZAIDIS will pay the additional monies noododa4 wiU. shire. equally the additional. expense. If the cost of Clearance is less than $12,000, the unused easement clearance tundui*ha11 be paid to the MIRSAIDIS. 1 I 3.3 Basemen atnd Easemat�t_;Adgas,,,i#' , A retaining wail ("New Retaining Wall') which is selisst Yon and 2 • 01/17/900 18:11 • 004 32 inches high at its highest portion shall be bunt in the easement. The easement shall be at least 17 fat 4 gat Attie dowhill end of the New Retaining Wall. Thei,uphilllendot.the New Retaining Wall shall terminate at, the downhill end*of the concrete strips presently in the easement. The MI/MIDIS *hull . be permitted to at*t 7lAd ma,i. ten ±sn entrance into the easement from their parking ar.t thei old retaining wall presently in the easement whicd$ ,s oboes,at to the MIRSAIDI house. The entrance shall not em ceea gkO feet ist width. The entrance shall be for a driveway. Oleander bushes currently in the easemohl shani be removed or moved back away from the ST4614004.4 paaimisityr pt stir five feet and replanted or replaced. Dirt, top -soil or fill dirt removed the sehememet pursuant to thin agreement to clear blockage of i easement shall be placed in lower areas of the easement IsreMelthe easement to be passable by a hay truck ..into. the, ioiliftrOltilou driveway. Decomposed granite may be placed itt te4;seselment to help make the easement passable by a hay truck. The concrete stripe, old retaining wel foams, and drainage pipes currently in the easement need notlbe relayed. 01/17/9 18:11 005 The five ash tress along the edge of the,lZD2 property closest to the STINNETT property shall be ;..4,� . d: by tbm MIRSAIDI$ and replanted, if at all, in a loc tion they !will not block or grow to block the view from the STXXMOIT property. 3.4 j straining Wiers. The MIRffiAIA2f1 ( a°s rTS will and hereby do stipulate to the restraining os4®? attztthed heroto a8 Exhibit 1. 3.5 pi$pliasa►1 W& h jorEl ud tag. The parites stilt prepare, execute and filo requests for diamIss411, t'ith pr )udi00, dismissing the lawsuit referred to in the recitalsi 3.6 Gouts and Feu. The parties s' <*. 1 te.ar their own costs and attorneys' fees (except to the exteritt insurance carriers for the partied are obligated to pay defOillse coots incurred by their insureds). 3.7 Gon lderatipn. Tha execution midi documents providod for herein it in consideratipmarenr the execution and delivery of releases contained in tt0Lir airrodasergt, 4.BIALEASZLJOILIZEMIX 4.1 Rel, ,see. For the consideration.siat forth !at this Agreement, the receipt and adequacy of which liar hereby -- 4 - • • 01/17/90 18:12 006 acknowledged, the parties to this Agreement, end af ,04 , 0° hereby release and forever discharge each other, r,- 'each of their associates, owners, stockholders, predeCeeMats, eeueceseors, heirs, spouses, executors, administrators, assignee{ agents;, insurers, directors, officers, partners, joint viam4uxers, lawyers, and all persons acting by, through, under4 or in concert with them, or any of them, from any and all claims} demands, actions or causes of action, or obligations, lisab14 ities, indebtedness, breaches of contract, breaches of duty, suits, liens, ,lawsuits., costs, or expenses of any nature lto, known or unknown, fixed or contingent (except any 4grea nts-or Claims arising -directly from this Agreement) , arms out of, based upon, or relating to the lawsuit referred lei is the Recitals, the claims made in it, or the facts allcOel in it. (The parties, however, reserve any unresolved clalite tbmy,mey have against their own insurers.) 4.2 covenants. The settling. Pales - covenant and agree that they wi11 pursue no clatb il ow e'oi' action against the other parties hereto, their 4401.40sorse. assigns, agents, insurers, employees, attorney* 140 , . attorneys at law, or any of them,, collectively orA.itdividwattly4 for any type of relief that in any fashion invek004 orarkeew from the lawsuits described in the Recitals hexeit#,': including the prosecution thereof. (Except that the parties prervr their .. _ • 01/17/90 18:13 007 .1 rights to pursue any unresolved claims they gt103 440 their own insurers.) capacity, none of them has sold, assigned, or in aany' T claims which any of them ever had against the othi4r to any third 4.3 warranties. Bach of the partied .. -4-4 00f40.0t gents and warrants to the pthsr that each has .r: and authority to enter into this AgrooOtt. Gat UWOlt party, and that no other releases or eattl,eftz from any other person or entity to release arid completely the other parties from the clai s 4.4 executing this each and every specified from Agreement, and Agreement claim, demand, and cause of dlAgOi44.1 " :I the beginning of time to the d 4f i ' in furtherance of this £nt io. , Vt .'tiei W ivslra. • It is the intention et14 '$'.i that it shall be eifect40 's *. bar tO expressly waive any and all rights and benefits them by the provisions of Section 1542 of the tifirfetattkideCtle, any similar provision of any other state, f statute, code, ordinance, or law .and expr rely releases contained in this Agreement shall b+s and effect according to each and all express' - dW040tOne of this Agreement, including as well those relat$ .ta 04ki0014 and unsuspected .claimn, demands, and causes of aa4cin o Ithe ttVoni - 00001 ' : i 44004 d MAR-20-90 TUE 1e: 37 S&A ESCROW parties to this Agreement. Section 1542 of the Civil Code, which is hereby waived, reads as follows: A general release does not extend to claims which a creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him, must have materially affected his settlement with the debtor. 4.5 gepresentations. As further consideration for the entry into this Agreement, the parties, and each of them, warrant and represent that neither they, nor any corporation or entity in which they are an owner, which is controlled by them, or in which they have an interest, intends to assert any claim or file any lawsuit against any other party to this Agreement arising out of, based upon, or relating to the lawsuit referred to in the Recitals, the claims made in it, or the facts alleged in it. 5. EXEC[PTION NOT AN A.DMTSSION By entering into this Agreement, no party hereto admits that the claims of the other were or are valid or meritorious. Each party hereto has in the past denied and continues to deny A R— 2 0— 9 0 T U E 1 1: a 7 8 let. A E S C R O W s. the claims, assertions, allegations, and contentions of the others, and this Agreement and the underlying Settlement are strictly for the purpose of compromising disputes. 4. gpVIC$ OF COTJ BTj Each party represents and warrants that, in agreeing to the terms of .this Agreement, it has read the document, has had the document explained by counsel of choice, is aware of the content and legal effect of the document, and is acting on the advice of counsel of choice and not in reliance on any representation of the other parties to the Agreement, except as expressly set forth herein. 7. )ISCELLANEOIIS, 7.1 FurtherActions. Each of the parties hereto agrees to execute and deliver to each of the other parties hereto all additional documents, instruments, and agreements, and to take such additional action as is required to implement the terms and conditions of this Agreement. 7.2 hssi nmentg. The parties agree that the rights arising out of paragraph 3.4 of this Agreement shall not be assignable and shall not inure to the benefit of the heirs, s 01/17/90 18:14 009 personal representatives, successors, or aes4014 or any of them. 7.3 AttgrneysL_Fass_to U12,E2A. itiat4**tii, or in equity to enforce any of the provisions er loatuctOdWir,.1 this Agreement, the prevailing party shall bla eatOled to X004FOr a from the unsuccessful party all costs, expenses,4114.*4240**44N, attorneys' fees incurred by the prevailing party tinaludinw, without limitations, such costs, expenses, and fe40 o4n14404 and, if such prevailing party shall recover judg*ht uortiligst, action or proceeding, such costs and expenses, iiMatdirtiOWHW!fol export witnesses and attorneys' fees, shall be IdicatibettisAtOgirt of the judgment. 7.4 AntixaAsamaxent. Thio entire Agreement and understanding conoerrtiOV 4 41. herein and supersedes and replaces any prior nevOttittLN4s4intlg agreement between the parties hereto, either ini446134*3742teLiii except a* expressly provided herein. 7.5 ADVligableL. This interpreted under the laws of the state of construed according to its fair:meaning, aftd.d4t. 1144444t. strictly construed against any party hereto. 9 ;11 411 01/17/90 18:15 • • • 7 6 INgLialtall. The parties nely originals of this Agreement, in counterparts, or they are required to sign or furnish harauaar.; •! APPROVED AS TO FORM AND CONTENT: MORGAN, LEwIS & BOCKTUs By: er F. Wilson Attorneys for the STINNETTS Dated: ANDERSON, MoPHARLIN 4 CONNERS By: JISSE S. HERNANDEZ Attorneys for the STINNETTS Dated: By: A ex vol. Attorneys for the MIRSAIDIS Dated: HAGENBAUGH & MURPHY By: Nail Gunny Attorneys for the MIRSAIDIS Dated: - 10 - fi 1 • •;; , 010 •:i • A 01/17/90 18:19 LAW OFFICES 01 SIDNEY F. CROFT By • deI. ey F. -rns s for RO,++*'' HILLS co ► ITY ASSOCIATION OF RANcliO PALOS VERDES Dated: 4jejAlr 43a 19 81 Roy Dated: Dated: Dated: Rol l irsg Assooia Verdes By: Its Dated: • 013 na..�..d ti' 4 -. Ia: .C. Vim lg:1? WV?" ovsscss BY% CtQiT OT gz =oGKI� s `� �Q •�L� �4N p� AttO0 11Y$flisIllOcS0 WAS C010 • wit 'It* DatietQ,t • 01t 17i90 1g:16 orSit Y1. LAM oFFI� OOTT a croft.O �I �idz' tor Ro N O� AtC�N�Y 8� �� $ BY' Dated s r i Datitat 4 - 11 - • nr+^+ •wrr • . (rsv'd 1980)• APPENDIX 8 ENVIRONMENTAL INFORMATION AND CHECKLIST FORM (Initial Study) Date Submitted: Nt91/, ZS (9 9 No. GENERAL INFORMATION 1. Name .and address of developer or project sponsor: OV. M ( l (((; <1- 7r-:J 0 P. /2z74- 2. Address of project: C7 C A 6 AC C_ /.? 03 Q Assessor's Block and Lot Number 3. Name, address, and telephone number of person to be contacted concerning this project: I� S Icy (?) (I I / 4. List and describe any other related permits and other public approvals required for this project, including those required by city, regional, state and federal agencies: Q, 0 .(, Li-. Lo<, A iY(7LL (_:(7) -(--4) k)Lrij `//<If 1- 5. Existing zoning district: QA 2. 6. Proposed use of site (Project for which this form is filed): e--) n e h 4 0e5 I de o, c C V PROJECT DESCRIPTION 7. Site size: 2 . 2 acre 8. Square footage: 7 5 23 9. Number of floors of construction: one . i oil-17A" 10. Amount of off-street parking provided: 11. (Attach plans.) 12. Proposed scheduling: /\ A-- 13. Associated projects: N L� 14. Anticipated incremental development: lei 15. If residential, indicate the number of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected: 16. If commercial, indicate the type, whether neighborhood, city or regionally oriented, square footage of sales area, and loading facilities: I�i -- 17. If industrial, indicate type, estimated employment per shift, and loading facilities: N A 18. If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project: •• MLW9-18A 19. If the project involves a variance, conditional use or rezoning application, state this and indicate clearly why the application is required: ,41' VA t2/ A(JG& r 2 car ' 5 -1 L r r7 LT.- ()A2 f) `31-7" 7" A t c R1T d ac- /) / /Y o i2 O& i2 i r v r= i l-1 ( N\ l c'l 6r (2 (0 (-1 ENVIRONMENTAL SETTING 20. On a separate page, describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or scenic aspects. Describe any existing structures on the site, and the use of the structures. Attach photographs of the site. 21. On a separate page, describe the surrounding properties, including information on plants and animals and any cultural, historical or scenic aspects. Indicate the type of land use (residential, commercial, etc.), intensity of land use, and scale of development (height, frontage, set -back, rear yard, etc.). Attach photographs of the vicinity. ENVIRONMENTAL IMPACTS (Explanations of all "yes" and "maybe" answers are required on attached sheets.) 22. Earth. Will the proposal result in: a. Unstable earth conditions or in changes in geologic substructures? b. Disruptions, displacements, com- paction or overcovering of the soil? c. Change in topography or ground surface relief features? d. The destruction, covering or modification of any unique geologic or physical features? e. Any increase in wind or water erosion of soils, either on or off the site? -3— YES MAYBE NO x- dimmmla x • MLW9-19A* • f. Changes in deposition or erosion of beach sands, or changes in siltation, deposition or erosion which may modify the channel of a river or stream or the bed of the ocean or any bay, inlet or lake? g. Exposure of people or property to geologic hazards such as earth- quakes, landslides, mudslides, ground failure, or similar hazards? 23. Air. Will the proposal result in: a. Substantial air emissions or deterioration of ambient air quality? b. The creation of objectionable odors? c. Alteration of air movement, moisture or temperature, or any change in climate, either locally or regionally? 24. Water. Will the proposal result in: a. Changes in currents, or the course or direction of water movements, in either marine or fresh waters? b. Changes in absorption rates, drainage patterns, or the rate and amount of surface waterrunoff? c. Alterations to the course of flow of flood waters? d. Change in the amount of surface water in any water body? e. Discharge into surface waters, or in any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? f. Alteration of the direction or rate of flow of ground waters? g. Change in the quantity of ground waters, either through direct addi- tions or withdrawals, or through interception of an aquifer bycuts or excavations? YES MAYBE NO . MLW9..2O, * h. Substantial reduction in the amount of water otherwise available for public water supplies? i. Exposure of people or property to water -related hazards such as flooding or tidal waves? j. Significant changes in the temperature, flow, or chemical content of surface thermal springs? 25. Plant Life. Will the proposal result in: a. Change in the diversity of' species, or number of any species of plants (including trees, shrubs, grass, crops, microflora and of plants? b. A reduction of the numbers of any unique, rare or endangered species of plants? c. Introduction of new species of plants into an area, or in a barrier to the normal replenish- ment of existing species? • d. Reduction in acreage of any agricultural crop? 26. Animal Life. 'Will the proposal result in: a. Change in the diversity of species, or numbers of any species of animals (birds, land animals including reptiles, fish and shellfish, benthic organisms, insects or microfauna)? b. Reduction of the numbers of any unique, rare or endangered species of animals? c. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? d. Deterioration to existing fish or wildlife habitat? 2i. Noise. Will the proposal result in: a. Increases in existing noise levels? -5- YES MAYBE NO z k z . MLW9-21A* b. Exposure of people to severe noise levels? 28. Light and Glare. Will the proposal produce new light or glare? 29. Land Use. Will the proposal result in a substantial alter- ation of the present or planned land use of an area? 30. Natural Resources. Will the proposal result in: a. Increase in the rate of use of any natural resources? b. Substantial depletion of any nonrenewable natural resource? 31. Risk of Upset. Will the proposal involve: a. A risk of an explosion or the release of hazardous substances (including, but not limited to, oil, pesticides, chemicals or radiation) in the event of an accident or up- set conditions? b. Possible interference with an emergency response plan or an emer- gency evacuation plan? 32. Population. Will the proposal alter the location, distribution, density,'or growth rate of the human population of an area? 33. Housing. Will the proposal af- fect existing housing, or create a demand for additional housing? 34. Transportation/Circulation. Will the proposal result ins a. Generation of substantial addi- tional vehicular movement? b. Effects on existing parking facilities, or demand for new parking? c. Substantial impact upon existing transportation systems? YES MAYPE NO d. %iterations to present patterns of circulation or move- ment of people and/or goods? e. Alterations to waterborne, rail or air traffic? f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? 35. Public Services. Will the proposal have an effect upon, or result in a need for new or altered governmental services in any of the following areas: a. Fire protection? b. Police protection? c. Schools? d. Parks or other recreational facilities? e. Maintenance of public facilities, including roads? f. Other governmental services? 36. Energy. Will the proposal result in: a. Use -of substantial amounts of fuel or energy? b. Substantial increase in demand upon existing sources of energy, or require the development of new sources of energy? 37. Utilities. Will the proposal result in a need for new systems, or substantial alterations to the following utilities: a. Power or natural gas? b. Communications systems? c. Water? d. Sewer or septic tanks? e. Storm water drainage? f. Solid waste and disposal? -7- YES MAYBE NO x x 38. Human Health. Will the proposal result in: a. Creation of any health hazard or potential health hazard (excluding mental health)? b. Exposure of people to poten- tial health hazards? 39. Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal re- sult in the creation of an aesthet- ically offensive site open to public view? 40. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? 41. Cultural Resources. a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archeological site? b. Will the proposal result in adverse physical or aesthet- ic effects to a prehistoric or historic building, structure, or object? c. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural .values? d. Will the proposal restrict existing religious or sacred uses within the potential impact area? 42. Mandatory Findings of Significance. a. Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a :r:sh or wildlife population to drop below self sustaining levels, threaten to eliminate a plant or animal commun- ity, reduce the number or restrict -8- YES MAYBE NO ML'W9-24A° the range of a rare or endangered plant or animal or eliminate impor- tant examples of the major periods of California history or prehistory? b. Does the project have the potential to achieve short-term, to the disadvantage of long-term environ- mental goals? (a short term impact on the environment is one which occurs in a relatively brief, defin- itive period of time while long-term impacts will endure well into the future.) YES MAYBE- NO c. Does the project have impacts which are individually limited, but cumulatively considerable? (A project may impact on two or more separate re- sources where the impact on each resource is relatively small, but where the ef- fect of the total of those impacts on the environment is significant.) d. Does the project have environ- mental effects which will cause sub- stantial adverse effect on human be- ings, either directly or indirectly? CERTIFICATION: I hereby certify that the statements furnished above and in the attached exhibits present the data and infor- mation required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my .knowledge and belief. t - %! -'(Signature) Date / -rr; �:� /Ac") For (170oold 50 (Applicant) STATE OF CALIFORNIA)ss. COUNTY OF LOS ANGELES) I, CITY OF ROLLING HILLS ZONING CASE CERTIFIED PROPERTY OWNERS' LIST AFFIDAVIT '3r9,4='��/C , declare under penalty of perjury that the attached list contains the names and addresses of all persons to whom all property is assessed as they appear on the latest available assessment roll of the County within the area described and for a distance of one thousand (1,000) feet from the exterior boundaries of property legally described as: Lo i 3 2 O R 0 o f -"") i, Rv. c 4 6 7/3 / -G 3 Z Executed at �A/&$ i/ ,, 'i 6 s . Es Ti97-6-S__, California, this 6 day of /(k!47/1 56/Z El Conditional Use Permit Variance dZone Change CITY OF ROLLING HILLS VARIANCE VARIANCE A variance is a form of permit which is required of any property owner who seeks to vary from the provisions of the City's zoning ordinance in the development of property in the City. In order to obtain a variance, the applicant must be able to demonstrate that practical difficulties or unnecessary hardships result through the strict and literal interpretation and enforcement of the zoning provisions. Variances are considered and decided upon by the Planning Commission following a public hearing. APPLICATION AND REQUEST FOR HEARING In order to obtain a variance, a property owner or his or her agent must submit an appli- cation and request a hearing before the Planning Commission. To do so, the applicant should complete the requirements enumerated herein, assemble the necessary application documents and call to make an appointment at (213) 377-1521. Making.an appointment will assure that someone is available to explain the necessary procedures and review the case material for completeness and, accuracy. PLAN SUBMITTAL INFORMATION Complete and submit for each application: /5 1. "Request.for Hearing" Application,. Seve ) copies of plan MUST accompany application. 2. Owner's Declaration 3. Plan submittal using the "Checklist" as guide. Each plan must have computation of lot coverage printed on the plot plan. 4. Ownership List: Prepare a complete list of names and mailing addresses of all property owners of each parcel, within or partially within a 1,000 foot radius of the exterior boundaries of the property under consideration, including the owner of the subject property. Assign a number to each name on the list. This information must be as it appears on the latest available assessment roll of the Los Angeles County Assessor. This list shall be certified to be true and correct (complete Certified Property Owner's Affidavit). An inaccurate or incomplete list is cause for removal of the case from the agenda or to require a rehearing of the case. Type Self -Adhesive Mailing Labels: In addition to the Ownership List required, submit one complete set of typed self-adhesive mailing labels for all property owners listed on the Ownership List. 5. Certified Property Owners List Affidavit 6. Filing fee - Resolution #494 attached. REGULAR MEETINGS Once an application has been accepted as complete by the City, a hearing will be set before the Planning Commission. Applications are considered at the regular meetings of the Plan- ning Commission, which are held the third Tuesday of each month. Applications must be submitted to the Planning Commission Secretary no later than the last Monday of the month immediately preceding the, regular meeting at which the matter shall be considered. Provide sufficient time in your plans to attend at least two meetings to allow the Planning Com- mission to study the facts presented and to make a field trip review of the physical conditions. The applicant or a representative must appear at the meeting. AUTHORITY AND RESPONSIBILITY In reviewing a request, the Planning Commission must consider the following: 1. The Planning Commission shall consider all matters presented to it fairly and impar- tially, recognizing the rights of the applicant as well as its obligation to enforce all zoning ordinances and resolutions adopted by the City Council of the City of Rolling Hills. 2. The development and use of all land within the. City of Rolling Hills should be directed to the continuation of the existing rural open areas surrounding the existing residences in the City, and each new improvement or use of land should be carefully examined to determine what effect the proposed improvement or use of land will have on the terrain, trees and natural flora in the City. 3. The granting of variances shall be carefully scrutinized to protect bridle trails, :.. and provide the proper spacing of residences and accessory building so as to prevent overconstruction of the lot or parcel to be improved. RECORDING REQUESTED- AND`, CITY OF ROLLING HILLS, 6,;,, 7„nt ;.► 2 PORTUGUESE BEND IRON ROLLING HILLS; CA 'J027,41, Please record this form with 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.) For Recor ' i.:' 3138 go- ill3,3g RECORDED IN OFFICIAL RECORDS RECORDER'S oFFFGE LOS ANGELES COUNTY CALIFORNIA MIN. PAST. 8 A.M. AM 221990 the -Registrar -Recorder's Office and Acceptance Form STATE OF CALIFORNIA ) es COUNTY OF LOS ANGELES ) CONDITIONAL USE PERMIT CASE NO. VARIANCE CASE NO. I (We) the undersigned state: I am"(We are) the owner(s), of the real property 412 described as #9 Caballeros Road, Rolling Hills, CA 90274 (LOT 32-SK) This property is the subject of the above numbered cases. 1 am (We FREE As P are) aware of, and accept, all the stated conditions Conditional Use PermitCase No. Variance Case No. 412 follows: in said 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 NameLawrence Arman, Claudette Arman and. Chi -Ming Sul Address #6 Middleridge Lane, North This signature must be acknowledged by a notary public. Attach appropriate acknowledgement. City, State Rolling Signature Hills, California 90274 Owner Name Lawrence Arman, Claudette Arman and Chi -Ming Sui • Address # 6 Middleridge Lane, North City, State Rolla Signature g Hills, Califor�iia CAT. NO. NN00627 TO 1944 CA (9-84) (Individual) STATE OF CALIF IA COUNTY OF %; On said e, personally ap ared , personally known to me or proved to me on the basis of satisfactory evidence to be the person_. whose name subscribed to the within instrument and acknowledged that exe- cuted the same. WITNESS my hand and official seal. dig TICOR TITLE INSURANCE 30-1113138 re me Signature ✓/!l�n—r-� G%G'/�� g / / undersigned, otary Public in and for OFFICIAL SEAL SUNNY LEE FREEMAN NOTARY PUBLIC-CALIFORNIA LOS ANGELES COUNTY M >r . EXP.aDEC. S .3� (This area for official notarial seal) 01/110 18:09 • 002 ••• 1 • = Y-1 4�1SAL RELEASE14 j A:s`' F E B 10 1990 AND SETTLEMENT AGREEMENT 11 CITY OF ROLLING HILLS By 1..1. The parties to this Mutual Release aillcoottlf000. Agreement ("'Agraeemst nto) are Rolling Hills Co un ,tr ' .eftiation Of Rancho Palos Verdes ("RCHA"), represented by 6 Ray Stinnett and Rosemarie Stinnett (hereinafter the "STINNETTS") , represented by Christopher P. Wilson 0 offices of Morgan, Lewis & Bockius, and Jesse S. Her law offices of Anderson, McPharlin & Conners, and Manzar Mirsaidi (hereinafter the "M/RSAIDISM) , rep Alex Powell of the law offices of Cornell, Powell, Hackett and Neil Gunny Of the law offices of sa 2. EggITAIS r. *oft., Ithe lawn al es or the Soar end feinted by rney & 0 Mu rphy . 2.1. On or about July 13, 1988, the ST _ q Mod an action in the Los Angeles Superior court entitled i,xsssai.c�i, L.A.S.G. Casty No. C 694 969, alleging, interferenaas with an easement, emotional distress, and pe na1 injury. The MIRSAIDIS filed an Answer?.denying the ati. ,egstle of the Complaint. 2.2 On or about September 7, 1908, Vim SOMAXDZO filed a cross -Complaint against the sTXNNETTS e>t alia, interference with an easement, emotional dist I:04s, and • 01/141, 18:10 • 003 personal injury. The STINNETTS filed an Mne►euc 4.14q ing,00 allegations of the Cross -complaint. 2.3 -The parties have now agreed to eet140,41 disputes between thus. 3. TLIZZBELTEI AW1 ES 3.1 pevmpnta ,by_ j'i& Pities. The MIROIOIS Shell fay the sum of $16,500.00 to the STXNNETT6; the STUTHRIVS 11d2. pay the sum of $16,500.00 to the MIRSAIDIS; and RUCA thall psp the sum of $1, 000. 00 . for easement clearance. Said is Shell be allocated by the parties as set forth in section 14 below. 3.2 Allocation. of Ftjndti. Of the $34000 to b i paid4 $22,000 will be allocated to the STINNETTS as t icnsl distxeas •i and''phys icai injury compensation!, $12,000 will be allocated to the STIUN'ErTS for clearance of the easement. If clearance of the easement exceeds, $12,000, the cost of MIRSAIDIS will pay the additional monies needed shore equally the additional. expense. Xf the .cost of o *armis less than $12,000, the unused easement clearance funds,jbaail be paid to the MIRSAXDis• 3.3 Hasement._ and Easement -Adjacent , A retaining wall ("New Retaining Wall") which is 311� ileet long and 2 01/1 i 18:11 • 004 32 inches high at its highest portion shall be bus t in theeasement. The easement shall. be at least L7 teiW 4dl uat the dowhill end of the Now Retaining Wall. The upb:L11:R and .at it'he New Retaining Wall shall terminate et, the downhill end Of the concrete stripe presently its the easement. The MIR$AIDIS shaa1l . be permitted to autImaintainen entrance into the easement from their parking area through the :: old retaining wall presently in the easement whi $s cleavet to the MIRSAIDI house. The entrance' shall. not exce po toot in width. The entrance shall be for ae driveway. Oleander bushes currently in the eanamOn ehSfl bey removed or moved back away from the STINNSTT propnrty.at.Ienotr five feet and replanted or replaced. Dirt, topsoil or fill dirt removed Imo.eteettont pursuant.to this agreement to clear blockage or O crest shall be. placed in lower areas of the east Ift eta easement to be passable by a hay truck .into they,leltebte driveway. Decomposed granite may be placed in *0010aeonOnt to help snake the easement passable by a hay truck. The concrete etripa, old retaining wallOsL talmae, and drainage pipes currently in the easement need natlho femeved. 01/1' 18:11 • 005 The five ash tress along the edge of t OIROAX0I property closest to the STINNETT property shall beHreloVedibY the MIRSAIDI$ and replanted, if at a11, in a location tbt ' dwiirk not block or grow to block the view from the sx' property. 3.4 snir_g_ ordQr . The mzsma III ! FIiv tra will and hereby do stipulate to the restraining =4 ,^chit t: hereto as Exhibit 1. 3.5 Pjpnlesta With )roiudict. The peg ' Ill prepare, execute and file request4 for dismissal, ith,prejUditiar dismissing the lawsuit refereed to in the recitaxe4 3.6 Costa_ and Fees. The parties WU own costs and attorneys' . fees (except to the Lineurance carriers for the parties are obligated to pay d coons incurred by their insureds). 3.7 consideration. The execution I in 400 documents provided for herein is in cobsideratiazI4a the execution and delivery of releases contained in thie kgrreO *s . 4 . rELEASE, MW WARM= 4.1 Pelmets. For the consideration .rettlk in this Agreement, the receipt and adequacy of WhiChrdie hereby CITY OF ROLLING HILLS ZONING CASE CERTIFIED PROPERTY OWNERS' LIST AFFIDAVIT STATE OF CALIFORNIA)ss. COUNTY OF LOS ANGELES) 1, 7 ,F(K' L, •S79,e '/C declare under penalty of perjury that the attached list contains the names and addresses of all persons to whom all property is assessed as they appear on the latest available assessment roll of the County within the area described and for a distance of one thousand (1,000) feet from the exterior boundaries of property legally described as: L 0 3 2 CZ e= c.. o P- o RV. e_t-r) 6 7/7 / -c 3 Z Executed at %�9�f�$ /�� ®�S • E 5 %f �2E(_; , California, this 06 n Conditional Use Permit Variance 0 Zone Change day of /(//l/ fit /J ,/ CITY OF ROLLING HILLS VARIANCE VARIANCE A variance is a form of permit which is required of any property owner who seeks to vary from the provisions of the City's zoning ordinance in the development of property in the City. In order to obtain a variance, the applicant must be able to demonstrate that practical difficulties or unnecessary hardships result through the strict and literal interpretation and enforcement of the zoning provisions. Variances are considered and decided upon by the Planning Commission following a public hearing. APPLICATION AND REQUEST FOR HEARING In order to obtain a variance, a property owner or his or her agent must submit an appli- cation and request a hearing before the Planning Commission. To do so, the applicant should complete the requirements enumerated herein, assemble the necessary application documents and call to make an appointment at (213) 377-1521. Making''an appointment will assure that someone is available to explain the necessary procedures and review the case material for completeness and, accuracy. PLAN SUBMITTAL INFORMATION Complete and submit for each application: /5 1. "Request.for Hearing" Application. Seve ) copies of plan MUST ACcorpany application. 2. Owner's Declaration 3. Plan submittal using the "Checklist" as guide. Each plan must have computation of lot coverage printed on the plot plan. 4. Ownership List: Prepare a complete list of names and mailing addresses of all property owners of each parcel, within or partially within a 1,000 foot radius of the exterior boundaries of the property under consideration, including the owner of the subject property. Assign a number to each name on the list. This information must be as it appears on the latest available assessment roll of the Los Angeles County Assessor. This list shall be certified to be true and correct (complete Certified Property Owner's Affidavit). An inaccurate or incomplete list is cause for removal of the case from the agenda or to require a rehearing of the case. Type Self -Adhesive Mailing Labels: In addition to the Ownership List required, submit one complete set of typed self-adhesive mailing labels for all property owners listed on the Ownership List. 5. Certified Property Owners List Affidavit 6. Filing fee - Resolution #494 attached. REGULAR MEETINGS Once an application has been accepted as complete by the City, a hearing will be set before the Planning Commission. Applications are considered at the regular meetings of the Plan- ning Commission, which are held the third Tuesday of each month. Applications must be submitted to the Planning Commission Secretary no later than the last Monday of the month immediately preceding the regular meeting at which the matter shall be considered. Provide sufficient time in your plans to attend at least two meetings to allow the Planning Com- mission to study the facts presented and to make a field trip review of the physical conditions. The applicant or a representative must appear at the meeting. AUTHORITY AND RESPONSIBILITY In reviewing a request, the Planning Commission must consider the following: 1. The Planning Commission shall consider all matters presented to it fairly and impar- tially, recognizing the rights of the applicant as well as its obligation to enforce all zoning ordinances and resolutions adopted by the City Council of the City of Rolling Hills. 2. The development and use of all land within the City of Rolling Hills should be directed. to the continuation of the existing rural open areas surrounding the existing residences in the City, and each new improvement or use of land should be carefully examined to determine what effect the proposed improvement or use of land will have on the terrain, trees and natural flora in the City. 3. The granting of variances shall be carefully scrutinized to protect bridle trails, .. and provide the proper spacing of residences and accessory building so as to prevent overconstruction of the lot or parcel to be improved.