786, Lot line adjustment/Certificat, Resolutions & Approval Conditions• •
RESOLUTION NO. 2010-16
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS AUTHORIZING THE ISSUANCE OF A
CERTIFICATE OF COMPLIANCE FOR A LOT LINE
ADJUSTMENT FOR PROPERTIES AT 7 SOUTHFIELD DRIVE
(LOT 4-SF) AND 5 RINGBIT ROAD WEST (LOT 7-SF) IN ZONING
CASE NO. 786, (KLERMAN, SLEEP AND COLLIDA).
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. Daniel Klerman with
respect to real property located at 7 Southfield Drive (Lot 4-SF) and 5 Ringbit
Road West (Lot 7-SF), SF (Collida and Sleep, property owners), requesting a
Certificate of Compliance for a Lot Line Adjustment to move the common
property line dividing the lots, where 11,168 square feet of northerly portion of
Lot 7-SF will be transferred to Lot 4-SF.
Section 2. California Government Code Subsection 66412(d) authorizes
lot line adjustments without requiring a tentative map, parcel map or final map if:
(A) The lot line adjustment involves two or more existing adjacent parcels, where
land is proposed to be taken from one parcel and added to an adjacent parcel; (B)
A greater number of parcels than originally existed is not thereby created; (C) The
lot line adjustment will create parcels that conform to local zoning and building
ordinances; and (D) The lot line adjustment is approved by the City. The City may
impose conditions on the Lot Line Adjustment in order to make the lot conform to
local zoning and building ordinances, to require the prepayment of real property
taxes prior to the approval of the Lot Line Adjustment or to facilitate the
relocation of existing infrastructure or easements.
Section 3. The Planning Commission conducted a duly noticed public
hearing to consider the application at a field visit to the site on July 20, 2010 and at
a regular Planning Commission meeting on July 20, 2010.
Section 4. The Planning Commission finds that the project is
categorically exempt from environmental review under the California
Environmental Quality Act pursuant to a Class 5 exemption provided by Section
15305 of the State CEQA Guidelines.
Section 5. The Planning Commission has considered the evidence, both
written and oral, presented in connection with this application and finds as
follows:
A. Section 16.16.010(B) of the Rolling Hills Subdivision Ordinance and
Section 17.16.060(A) of the Rolling Hills Zoning Ordinance requires that each lot
in any subdivision in the RA-S-1 Zone shall have a net area of not less than forty
three thousand five hundred and sixty square feet (1.0 acres). The proposed lot
line adjustment will result in Parcel 1, Lot 4-SF, being 102,080 square feet (2.34
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LLADJ. Klerman
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acres) net and Parcel 2, Lot 7-SF, being 49,600 square feet (1.13, acres) net,
exclusive of: (a) any and all perimeter easements measured to a minimum lineal
distance of ten feet perpendicular to the property lines; (b) any portion of the lot
or parcel of land used for roadway purposes; and (c) any private drive or
driveway which provides access to any other lot or parcel of land.
B. Section 1.6.16.020 of the Rolling Hills Subdivision Ordinance and
Section 17.16.060(B)(3) of the Rolling Hills Zoning Ordinance require that in all
cases where practicable, the sidelines of lots shall be at approximate right angles
or radial to the street upon which such lot fronts. This provision is inapplicable
to this project, as the Jot line adjustment is proposed in the rear of the lots and the
lot lines along the street are not affected.
C. Section 16.20.230 of the Rolling Hills Subdivision Ordinance
requires that easements, the width of which are to be determined by the Rolling
Hills Community Association, be dedicated for bridle trail and utility purposes
over the strips and portions of land within and abutting upon the sidelines and
rear lines of each lot. The proposed adjustment provides for 10-foot easements,
or as otherwise approved by the Association, on each side of the adjusted lot
lines and equestrian trails within the easements, .. and will be recorded
concurrently with the Certificate of Compliance for lot line adjustment.
D. Chapter 16.48 of the Rolling Hills Subdivision Ordinance provides
procedures for processing of certificates of compliance, which is a document that
acknowledges that subject parcels are considered by the City to be legal lots of
record. City records indicate that both parcels were created legally.
E. Conditions have been attached to this approval which provide that
it will not impair or limit the City's application of the Site Plan Review or any
other Ordinance or Code to any future development of the lots, including but not
be limited to further study of soils, geology, hydrology, grading and other
requirements.
Section 6. In accordance with the foregoing findings, a Certificate of
Compliance for lot line adjustment sought in Zoning Case No 786 as indicated on
the map attached hereto stamp dated June 24, 2010 is hereby approved subject to
the following conditions:
A. The Lot Line Adjustment approval shall expire within two years
from the effective date of approval as defined in Section 17.46.070, unless
otherwise extended pursuant to the requirements of this section.
B. There shall be 10-foot easements on each side of the adjusted lot
lines within the adjusted boundaries of the lots, or as otherwise required by the
Rolling Hills Community Association. The maps attached to the Certificate of
Compliance, referred hereto as Exhibit "A" shall delineate and note the
easements and trails, if any, specified in this paragraph.
C. The lot line adjustment approval shall not in any way constitute
any representation that the adjusted lots can be developed even if in compliance
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LLADJ. Klerman
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with current zoning and building ordinance standards. No development shall
occur on the properties without first complying with all applicable City Building
and Zoning requirements and other applicable rules and regulations.
D. The lot line adjustment shall not in any respect limit or impair the
City's application of the Site Plan Review Ordinance (Ordinance No 221, 198S) to
the lots at such time as an application is made for development.
E. The Certificate of Lot Line. Adjustment shall not be issued until a
legal description complying with the delineation of adjustment, and including
the required easements and trails, if any, as specified in Paragraph C of Section 5
are submitted to, and approved by the City. Upon the City's approval of the legal
descriptions of the new adjusted lines a Certificate of Compliance shall be issued
by the City, shall be recorded by the property owner in the offices of the Los
Angeles County Recorder, and evidence of the recordation shall be returned to
the City.
F. The applicant shall record the deeds of the properties effectuating
the transfer concurrently with the Certificate of Compliance for the Lot Line
Adjustment and shall submit proof of such recordation to the City of Rolling
Hills.
G. The applicants shall execute an Affidavit of Acceptance of all
conditions of this Resolution or the Lot Line Adjustment shall not be effective.
PASSED, APPROVED AND ADOPTED ON THE 17TH DAY OF AUGUST 2010.
-fOREN DEROY, C AIRPE SON
ATTEST:
FL JDI LUCE, DEPUTY CITY CLERK
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LLADJ. Klerman
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)C)
STATE OF CALIFORNIA • )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS)
I certify that the foregoing Resolution No. 2010-16 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS AUTHORIZING THE ISSUANCE OF A
CERTIFICATE OF COMPLIANCE FOR A LOT LINE
ADJUSTMENT FOR PROPERTIES AT 7 SOUTHFIELD DRIVE
(LOT 4-SF) AND 5 RINGBIR ROAD WEST (LOT 7-SF) IN ZONING
CASE NO. 786, (KLERMAN, SLEEP, COLLIDA).
was approved and adopted at a regular meeting of the Planning Commission on
August 17, 2010 by the following roll call vote:
AYES: Commissioners Pieper, Henke and Chairperson DeRoy.
NOES: None.
ABSENT: Commissioner Chelf and Vice Chairperson Smith.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices
Oath ta)
DEPUTY CITY CLERK
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LLADJ. Klerman