910, New driveway, Resolutions & Approval Conditions•
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£492668
RECORDING REQUESTED BY AND
MAIL TO:
CITY OF ROLLING HILLS
PLANNING DEPARTMENT
2 PORTUGUESE BEND RD.
ROLLING HILLS, CA 90274
(310) 377-1521
(310) 377-7288 FAX
12/' -17
*20170132888*
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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. 910 (SEE EXHIBIT A -ATTACHED)
XX SITE PLAN REVIEW XX VARIANCE
I (We) the undersigned state
I am (We are) the owner(s) of the real property described as follows:
85 CREST ROAD EAST, ROLLING HILLS, CA 90274 (LOT 69C-1 MS)
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. 910
XX SITE PLAN REVIEW XX VARIANCE
I, Presid= Managr of 6666 E. Washington LLC, who is the owner of the real property certify
(or de', e)urn• pe ty of perjury that the foregoing is true and correct.
Signatur- Signature
Tien P. Zee
Name typed or pri
4001 Via Oro Ave Suite 210
Address
Long Beach, CA 90810
City/State
Name typed or printed
Address
City/State
A notary public or other officer completing this certificate verifies only the identity of the individual who
signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of
that document.
STATE OF C.\A•YvAk
COUNTY OF l ns (Niv e\.e5
On )a.n• Q l/'o' , before me, 1DlandCk UriA"jk' Skr,«t QuiniLc,. a
Notary Public, personally appeared
• -7- Pe
who proved to me on the basis of satisfactory evidence to be the person(s)-
whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/ter/their authorized capacity(.ies),
and that by his/h&their signature(e) on the instrument the person(s)-, or the entity
upon behalf of which the person(s)-acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California
that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature:
Name of Noi/ary: kiManda Lone 5
Date Commission Expires ROY' \. l 20ici
Commission No. CIO ZO. $
YOLAfDA MORALES
Commission 0 2102025
flotary Public - Cell/ornia
Los An ciss County
t Comm. t� 11 2019
•
RESOLUTION NO.20.3
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW FOR
CONSTRUCTION OF A SWIMMING POOL, POOL EQUIPMENT AREA,
DECKING AND TRELLIS, ROOM ADDITION, GARAGE AND BREEZEWAY
AND NEW DRIVEWAY AND MOTOR COURT WITH RELATED
GRADING/RETAINING WALLS AND A VARIANCE REQUEST TO EXCEED
THE MAXIMUM PERMITTED DISTURBED AREA IN ZONING CASE NO. 910,
AT 85 CREST ROAD EAST, (LOT 69-C-1-MS), ROLLING HILLS, CA (ZEE).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY
FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was duly filed by Mr. Tien Zee with respect to real
property located at 85 Crest Road East, Rolling Hills (Lot 69-C-1-MS) requesting a Site Plan
Review to construct a 396 square foot living area addition, new 960 square foot garage
connected to the existing home via a new 510 square foot breezeway, 135 square foot attached
trellis, new 1,300 square foot swimming pool, 45 square foot pool equipment enclosure and
1,024 square feet pool decking, new 20-foot wide driveway along the lot front and 3,000 square
foot motor court and a total 2,296 cubic yards of grading to accommodate the new driveway
and pool, and including 388 cubic yards to be exported. New maximum 3-foot high retaining
walls are proposed in the area of the new pool equipment enclosure and along the new
driveway. An existing 792 square foot garage and existing connecting breezeway will be
demolished, and the existing 586 square foot pool and driveway accessed from a common
apron will be abandoned (i.e. pool filled in/landscaped and driveway converted to
decomposed granite path). A Variance is requested to exceed the maximum permitted
disturbed area in that proposal will increase this area from 32.7% existing disturbance to 55.1%
(maximum permitted 40%).
Section 2. The Planning Commission conducted duly noticed public hearings to
consider the application at their regular meetings on August 16 and September 20, including a
field visit also on September 20th.
Neighbors within 1,000-foot radius were notified of the public hearings and notices were
published in the Peninsula News on September 8, 2016. The applicant and his agents were
notified of the public hearings in writing by first class mail and the applicant's agents were in
attendance at the hearings. Evidence was heard and presented from all persons interested in
affecting said proposal, and from members of the City staff. The Planning Commission has
reviewed, analyzed and studied said proposal.
During the public hearings neighbors expressed concerns regarding screening of the proposed
driveway wall, visible from Crest Road, drainage of the lot, proximity of the proposed
driveway apron to the existing shared driveway apron, stability of the slope once the asphalt
driveway is removed and converted to D.G. surface, erosion control and drainage of the D.G.
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ZC 910
1
surface. The concernave been addressed by condition• approval incorporated into this
Resolution.
Section 3. The property is zoned RAS-2. The gross lot area excluding the roadway
easement is 3.3 acres and for development purposes the net lot area is 122,743 square feet or
2.81 acres.
Section 4. The request for new driveway apron coming off Crest Road E. was
reviewed and recommended by the Rolling Hills Traffic Commission at its meeting of July 28,
2016. Neighbor concerns expressed at public meetings regarding possible visual impacts of
new walls proposed for the new driveway have been satisfactorily addressed during the
public hearing conducted by the Planning Commission through incorporation of a condition of
approval for new landscaping.
Section 5. The Planning Commission finds that the project qualifies as a Class 3
Exemption (CEQA Guidelines, Section 15303) in in that the project is a proposed construction
of minor addition and . alteration of an existing single-family residence, and is therefore
categorically exempt from environmental review under the California Environmental Quality
Act (CEQA).
Section 6. Rolling Hills Municipal Code Section Chapter 17.46 contains Site Plan
Review regulations. Under Section 17.46.020, a development plan shall be submitted for Site
Plan Review for the proposed swimming pool and grading and addition of over 999 square
feet. With respect to the Site Plan Review application for these improvements, the Planning
Commission makes the following findings of fact:
A. The proposed development is compatible with the General Plan, the Zoning
Ordinance and surrounding uses because the proposed structures comply with the General
Plan requirement of low profile, low -density residential development with sufficient open
space between surrounding structures and maintaining sufficient setbacks and proposed
landscaping to provide buffers between residential uses. The project is situated on a large, but
topographically constrained site; with the added development, however, the lot would not
appear to be overdeveloped.
The existing driveway presents significant access challenges due to a number of physical
factors including reliance on a common driveway apron located on the adjacent property and
shared with other properties, narrow width (10 to 15 feet), steep slope, and unusual length,
wrapping around approximately two-thirds of the property from Crest Road to the private
garage. The proposed new driveway, while requiring new grading mainly at the front of the
lot, has several positive and mitigating results in that it will eliminate reliance upon a shared
apron, be widened to meet Fire Department standards, will comply with all current zoning
standards and its location, following Crest Road at the lot front has a significantly shorter and
more efficient travel distance to the garage and proposed motor court. In addition, new
landscaping will be added to screen the view from Crest Road of a maximum 3-foot tall
retaining wall that supports the new driveway. The existing driveway will be closed off at the
apron, asphalt removed and replaced with a pervious, decomposed granite (D.G.) material
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acid a portion will bellklaced with landscaping. ConcernSout potential erosion due to the
existing driveway conversion and location of the new driveway have been addressed by a
condition that requires submittal of a site -wide drainage plan for review and approval
concurrent with checking of construction plans for building permit plan -check.
The proposed swimming pool requires minor grading at the rear of the lot and will require a
modest expansion of disturbed lot area. The location at the rear is suitable in that it will be
shielded by the home on one side and hillside on other sides. The location of the pool
equipment is also suitable in that it will be outside of the side and rear setbacks, and will be
recessed into the hillside which will assist in buffering sound if any, emanating from it.
B. The project substantially preserves the natural and modestly developed condition
of the lot in that the addition to the existing enclosed building area will be relatively small,
thereby minimizing building coverage. The topography and the configuration ofthe lot, have
been considered, and it was determined that the proposed development will not adversely
affect or be materially detrimental to adjacent uses, buildings, or structures, because the
proposed project will be constructed largely on an existing building pad, will be the least
intrusive to surrounding properties, will be screened and landscaped with vegetation, is of
sufficient distance from nearby residences so that it will not impact the view or privacy of
surrounding neighbors, and will permit the owners to enjoy their property without deleterious
infringement on the rights of surrounding property owners. The lot will not be built up or
raised to accommodate the development (except a minor amount for the proposed pool), but
will utilize to the maximum extent practicable the existing topography. The grading for the
driveway, while modifying the existing topography at the front of the lot, requires modest
height (3-feet maximum) retaining walls, the view of which will be mitigated by new
landscaping.
C. The proposed development, as conditioned, is harmonious in scale and mass
with the site, and is consistent with the scale of the neighborhood when compared to new
residences in the vicinity of said lot. Significant portions of the lot will be left undeveloped and
some areas will have existing improvements abandoned or converted to more passive uses
(existing pool to be filled in and landscaped and existing driveway to be converted to pathway
with pervious surface). The proposed driveway will be screened at the front from Crest Road
by new landscaping, and the new pool will be screened at the rear by the existing residence
and rear hillside.
D. The development plan will introduce additional landscaping, which is
compatible with and enhances the rural character of the community, and the landscaping will
provide a buffer or transition area between private and public areas.
E. The proposed development is sensitive and not detrimental to the convenience
and safety of circulation for pedestrians and vehicles because the project will capture all
resident and visitor parking on -site with guest parking spaces accommodated in the proposed
motor court and in the new 4-car garage. The new driveway and apron will conform to all the
existing standards including, but not necessarily limited to width and slope and will decrease
85 Crest Rd E.
ZC 910
3
the number of props relying upon the existing sharapron, thereby enhancing public
safety.
Section 7. Chapter 17.38 of the Rolling Hills Municipal Code contains regulations
authorizing approval of Variances, for the purpose of granting relief from the standards and
requirements of the Zoning Ordinance when exceptional or extraordinary circumstances
applicable to the property prevent the owner from making use of a parcel of property to the
same extent enjoyed by similar properties in the same vicinity or zone.
The project requests a Variance from Rolling Hills Municipal Code Section 17.16.070 in that
the disturbed area of the lot is proposed to be increased from 32.7% to 55.1%, in excess of 40%
permitted disturbance. With respect to the Variance, the Planning Commission finds as
follows:
A. There are exceptional circumstances and conditions on the subject property as
follows:
The property is uniquely constrained by the steep topography especially at the lot's
front and east side, and this in turn has an influence on siting the proposed driveway and
new apron. The proposed additional disturbance to provide a slightly larger building pad for
the pool and to a larger degree, to construct the new driveway, is warranted because of the
significant improvement in resulting site access. To the maximum extent practicable, given
topography and existing degree of disturbance (32.7%) the proposed development blends
with existing conditions.
B. The variance is necessary for the preservation and enjoyment of a substantial
property right possessed by other property owners in the same vicinity and zone but which is
denied to the property in question by strict application of the code. The property right which
would otherwise not be enjoyed is the ability to efficiently and safely access one's property,
while complying with all applicable fire, and building codes and without substantially
changing the existing topography and configuration of the lot.
C. The granting of the Variances would not be materially detrimental to the public
welfare or injurious to the properties or improvements in such vicinity and zone in which the
property is located in that the proposed reconfigured driveway access increases safety to the
property. Additionally, the improvements to the property will not be easily viewed from
adjacent properties, and the street and visual impacts are minor given the addition of
screening vegetation to new walls. To the maximum extent practicable the proposed
development works within and follows the existing conditions on the lot and therefore will
not be materially or otherwise detrimental to the public. The project is not expected to
negatively impact property values in that neighboring views would not be affected.
D. In granting the Variance the spirit and intent of the Zoning Ordinance will be
observed in that the proposed driveway, retaining walls, and the new residential construction
will be orderly, attractive, and will be buffered with landscaping and a wall of a relatively low
height, to ensure it will not affect the rural character of the community. The subject property
85 Crest Rd E.
ZC 910
4
Maintains a suitab•table and corral, which will be affected by the proposed
development.
E. The Variance request is consistent with the General Plan of the City of Rolling
Hills because the proposed structures comply with the General Plan requirement of low
profile, low -density residential development with sufficient open space between surrounding
structures.
F. The proposed development is sensitive and not detrimental to the convenience
and safety of circulation for pedestrians and vehicles because the proposed development will
provide a new driveway approach, that will comply with the Fire Code requirements so as to
better accommodate emergency vehicles. Further the construction of a new motor court and
garage will accommodate site visitors on private property without need for cars to park in the
roadway easements.
G. The Variance is consistent with the portions of the County of Los Angeles
Hazardous Waster Management Plan relating to siting and siting criteria for hazardous waste
facilities.
Section 8. Based upon the foregoing findings, the Planning Commission hereby
approves Zoning Case No. 910 requesting a Site Plan Review for living area and garage
additions, breezeway, trellis, swimming pool and pool equipment enclosure, pool decking,
new driveway along the lot front, motor court and grading to accommodate a new driveway
and pool and a Variance, allowing the applicant to exceed the maximum permitted disturbed
area from 32.7% to 55.1 %, subject to the following conditions:
A. The Site Plan and Variance approvals shall expire within two years from the
effective date of approval as defined in Sections 17.46.080 and 17.38.070, unless otherwise
extended pursuant to the requirements of this section.
B. It is declared and made a condition of this approval that if any condition of this
Resolution is violated, the entitlement granted by this Resolution shall be suspended and the
privileges granted hereunder shall lapse and upon receipt of written notice from the City, all
construction work being performed on the subject property shall immediately cease, other than
work determined by the City Manager or his/her designee required to cure the violation. The
suspension and stop work order will be lifted once the Applicant cures the violation to the
satisfaction of the City Manager or his/her designee. In the event that the Applicant disputes
the City Manager or his/her designee's determination that a violation exists or disputes how
the violation must be cured, the Applicant may request a hearing before the City Council. The
hearing shall be scheduled at the next regular meeting of the City Council for which the agenda
has not yet been posted. The Applicant shall be provided written notice of the hearing. The
stop work notice shall remain in effect during the pendency of the hearing. The City Council
shall make a determination as to whether a violation of this Resolution has occurred. If the
Council determines that a violation has not occurred or has been cured by the time of the
hearing, the Council will lift the suspension and the stop work order. If the Council determines
that a violation has occurred and has not been cured, the Council shall provide the Applicant
85 Crest Rd E.
ZC 910
5
with a deadline by with to cure the violation; no construn work shall be performed on the
property until and unless the violation is cured by the deadline, other than work designated by
the Council to accomplish the cure. If the violation is not cured by the deadline, the Council
may either extend the deadline at the Applicant's request or schedule a hearing for the
revocation of the entitlements granted by the resolution pursuant to Chapter 17.58 of the
Rolling Hills Municipal Code (RHMC).
C. All requirements of the Buildings and Construction Ordinance, the Zoning
Ordinance, and of the zone in which the subject property is located must be complied with
unless otherwise set forth in this permit, or shown otherwise on an approved plan.
D. The lot shall be developed and maintainedin substantial conformance with the
site plan on file dated August 10, 2016 except as otherwise provided in these conditions. The
working drawings submitted to the Department of Building and Safety for plan check review
shall conform to the approved development plan. All conditions of the Site Plan Review and
Variance approvals shall be incorporated into the building permit working drawings and
where applicable complied with prior to issuance of a grading or building permit from the
building department.
The conditions of approval of this Resolution shall be printed onto building plans submitted to
the Building Department for review and shall be kept on site at all times.
E. Prior to submittal of final working drawings to the Building and Safety
Department for issuance of building permits, the plans for the project shall be submitted to
City staff for verification that the final plans are in compliance with the plans approved by the
Planning Commission.
F. A licensed professional preparing construction plans for this project for Building
Department review shall execute a Certificate affirming that the plans conform in all respects
to this Resolution approving this project and all of the conditions set forth therein and the
City's Building Code and Zoning Ordinance. Further, the person obtaining a building and/or
grading permit for this project shall execute a Certificate of Construction stating that the
project will be constructed according to this Resolution and any plans approved therewith.
Certificate forms for both plan preparation and construction work compliance may be
obtained from the City of Rolling Hills.
G. Structural lot coverage of the lot shall not exceed 8,750 square feet or 7.13% of the
net lot area in conformance with lot coverage limitations (20% maximum). The total lot
coverage proposed, including structures and flatwork, including new driveway and motor
court, shall not exceed 24,009 square feet or 19.6% of the net lot area.
H. Grading for this project shall consist of 2,296 cubic yards (cy) total, including
1,342 cy of cut, 954 cy fill and 388 cy to be exported. The disturbed area of the lot, shall not
exceed 55.1% as proposed.
85 Crest Rd E.
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I. The reeential building pad shall be 41,53Ikuare feet and will have coverage
not to exceed 8,615 square feet, or 20.7%.
J. The applicant shall comply with all requirements of the Lighting Ordinance of
the City of Rolling Hills (RHMC 17.16.190 E), pertaining to lighting on said property, roofing
and material requirements of properties in the Very High Fire Hazard Severity Zone.
K. All utility lines to the development shall be placed underground, subject to all
applicable standards and requirements.
L. A drainage plan shall be prepared for the entire site (not just construction areas)
and approved by City Engineer prior to issuance of a construction permit. Such drainage plan
shall be subject to LA County Code requirements.
M. Prior to obtaining a 'grading permit a landscaping plan shall be submitted to the
City that shall provide as follows:
a) Planting of new vegetation on all graded slopes in conformance with Fire Department Fuel
Modification requirements and for erosion control;
b) Planting of new vegetation to screen the view of the new driveway along the site front
including the retaining wall from view of the neighbor across at 86 Crest Rd. E. and the
Applicant shall provide an opportunity for said neighbor to review the plan and provide
constructive input in advance of submittal to the City;
c) Planting of new vegetation to screen the view of the new driveway along the east side from
the adjoining residence;
d) Planting for the new pool and pool equipment area with landscape screening;
e) As shown on the approved Site Plan, demolition of the existing asphalt driveway and
improvement of the northern section with landscaping with vegetation with the remaining
section to be resurfaced with decomposed granite, gravel or similar pervious/decorative
material;
f) Construction of a rubble wall across the accessway from the shared driveway onto the
subject site (thereby blocking car access to the area of the former driveway that in the past
relied on a shared driveway);
g) Any trees and shrubs shall be planted in an offset manner, such that they do not 'form a
hedge like screen and shall be of a height, which shall not at any time grow into other
nearby residents' views;
h) To the maximum extent feasible, plants shall be utilized that are native to the area and are
consistent with the rural character of the community.
N. If landscaping of 5,000 square foot area or greater is introduced or redeveloped as
part of the subject project, the landscaping plan shall be subject to the requirements of the
City's Water Efficient Landscape Ordinance.
O. Any proposed landscaping within the Rolling Hills Community Association
(RHCA) easement shall be reviewed and approved by the RHCA.
85 Crest Rd E.
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P. Per the Los Angeles County Building Code, a pool barrier/fencing shall be
required. The swimming pool equipment shall utilize the most quiet and technologically
advanced equipment to dampen the sound.
Q. The entire roadway easement line and the east side setback line in the vicinity of
the construction for this project shall remain staked throughout the construction. A
construction fence may be required.
R. The project must be reviewed and approved by the Rolling Hills Community
Association (RHCA) Architectural Review Committee prior to the issuance of building permit.
Perimeter easements and trails, if any, shall remain free and clear of any improvements
including, but not be limited to fences -including construction fences, any hardscape,
driveways, landscaping, irrigation and drainage devices, except as otherwise approved by
RHCA.
S. A minimum of 50% of any construction materials must be recycled or diverted
from landfills. The hauler of the materials shall obtain from the City a "Construction and
Demolition Permit" prior to start of work, and provide the appropriate documentation to the
City.
T. During construction, the property owners shall be required to schedule and
regulate construction and related traffic noise throughout the day between the hours of 7 AM
and 6 PM, Monday through Saturday only, when construction and mechanical equipment
noise is permitted, so as not to interfere with the quiet residential environment of the City of
Rolling Hills.
U. The contractor shall not use tools that could produce a spark, including for
clearing and grubbing, during red flag warning conditions. Weather conditions can be found
at: http://www.wrh.noaa.gov/lox/inain.php?suite=safety&page=hazard_definitions#FIRE. It
is the sole responsibility of the property owner and/or his/her contractor to monitor the red
flag warning conditions. Should a red flag warning be declared and if work is to be conducted
on the property, the contractor shall have readily available fire distinguisher.
V. During construction, all parking shall take place on the project site and, if
necessary, any overflow parking shall take place within nearby unimproved roadway
easement adjacent to subject site. There shall be no blocking of adjacent driveways or of the
roadway easement for passage of pedestrians and equestrians. During construction a flagmen
shall be used to direct traffic when it is anticipated that a lane may be impeded.
W. The property owners shall be required to conform with the Regional Water
Quality Control Board and County Public Works Department Best Management Practices
(BMP's) requirements related to solid waste, drainage and storm water management and
comply with the City's Low Impact development Ordinance (LID) as applicable. Further the
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property owners shaft required to conform to the Count iealth Department requirements
for a septic system.
X. Prior to final inspection of the project, "as graded" and "as constructed" plans
and certifications shall be provided to the Planning Department and the Building Department
to ascertain that the completed project is in compliance with the Planning Commission
approved plans. In addition, any modifications made to the project during construction, shall
be depicted on the "as built/as graded" plan.
Y. The applicant shall execute an Affidavit of Acceptance of all conditions of this
permit pursuant to Zoning Ordinance, or the approval shall not be effective. The affidavit shall
be recorded together with the resolution.
PASSED, A,�' RO H ND ADOPTED THIS 18TH DAY OF OCTOBER 2016.
r
A
CHE�,F, C IRMAN
ATTEST: •
HEIDI LUCE, CITY CLERK
Any action challenging the final decision of the City made as a result of the public hearing on
this application must be filed within the time limits set forth in Section 17.54.070 of the Rolling
Hills Municipal Code and Code of Civil Procedure Section 1094.6.
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9
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS )
I certify that the foregoing Resolution No. 2016-23 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING APPROVAL OF A SITE PLAN REVIEW FOR
CONSTRUCTION OF A SWIMMING POOL, POOL EQUIPMENT AREA,
DECKING AND TRELLIS, ROOM ADDITION, GARAGE AND BREEZEWAY
AND NEW DRIVEWAY AND MOTOR COURT WITH RELATED
GRADING/RETAINING WALLS AND A VARIANCE REQUEST TO EXCEED
THE MAXIMUM PERMITTED DISTURBED AREA IN ZONING CASE NO. 910,
AT 85 CREST ROAD EAST, (LOT 69-C-1-MS), ROLLING HILLS, CA (ZEE).
was approved and adopted at regular meeting of the Planning Commission on October 18,
2016 by the following roll call vote:
AYES: Commissioners Cardenas, Kirkpatrick, Seaburn and Vice Chairman Gray.
NOES: None.
ABSENT: None.
ABSTAIN: Chairman Chelf (recused).
and in compliance with the laws of California was posted at the following:
Administrative Offices
*A I
HEIDI LUCE, CITY CLERK
85 Crest Rd E.
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•
dr?.2 ECVD
FEB 032017
City of Rolling Hills
By