414, Lot line adjustment - Certific, Resolutions & Approval ConditionsRECORDING REQUESTED BY
CITY OF ROLLING HILLS
WHEN RECORDED MAIL TO:
RICHARD C. COLYEAR
35 CREST ROAD WEST
ROLLING HILLS, CA 90274
CERTIFICATE OF COMPLIANCE
REQUEST FOR CERTIFICATE OF COMPLIANCE
CITY OF ROLLING HILLS
I, the undersigned owner of record of real property within the
City of Rolling Hills, County of Los Angeles, hereby REQUEST the
City of Rolling Hills to determine if said real property
described below complies with the provisions of the Subdivision
Map Act (Sec. 66410 et seq., Government Code, State of
Califor,ia), and the City 1.Subdivision Ordinance.
4c
ichard C.
gal D=scriptions attached on Page 2
DETERMINATION OF COMPLIANCE
Date
I hereby certify that the above described parcel complies with
the applicable provisions of the Subdivision Map Act and of the
City Subdivision Ordinance and may be sold, financed or
transferred in full compliance with all applicable provisions of
the Subdivision Map Act and of the City Subdivision Ordinance.
Date:
CITY OF ROLLING HILLS
BY:
TITLE:
•
APPLICANT: Richard C. Colyear
PAGE 2
CERTIFICATE OF COMPLIANCE
CONTINUATION
Lot Line Adjustment SBEC Job No. H-0512-5
R. Colyear 2-16-89
PARCEL 1
Those portions of Lots 1 and 2, Tract No. 29408, in the City of
Rolling Hills, County of Los Angeles, State of California, as per
map recorded in Book 808, Pages 27 to 29, of Maps, Records of Los
Angeles County, described as follows:
Beginning at the northeasterly corner of said Lot 1, Tract No.
29408; thence South 19°54'50" West along the easterly line of said
Lot 1, 287.31 feet to a point; thence leaving said easterly line,
North 76'41'00" West, 350.00 feet to a point; thence North
62'54'54" West, 108.53 feet, more or less, to a point in the most
westerly line of said Lot 2, Tract No. 29408, said point is South
6'49'48" West, 42.13 feet from the northerly terminus of said most
westerly line; thence North 6°49'48" East, 42.13 feet along said
most westerly line of Lot 2; thence North 54°03'48" East, 199.62
feet along the northwesterly line of said Lot 2; thence South
79°49'00" East, 25.41 feet along the most northerly line of said
Lot 2 to the northwesterly corner of said Lot 1; thence South
79°49'00" East, 42.00 feet and South 88°40'41" East, 302.61 feet
along the northerly lines of said Lot 1 to the point of beginning.
Containing 2.35 acres, more or less.
PARCEL 2
Those portions of Lots 1 and 2, Tract No. 29408, in the City of
Rolling Hills, County of Los Angeles, State of California, as per
map recorded in Book 808, Pages 27 to 29, of Maps, Records of Los
Angeles County, described as follows:
Beginning at a point in the easterly line of said Lot 1 which is
287.31 feet distant southerly, measured along said easterly line
from the northeasterly corner of said Lot 1; thence South
19°54'50" West, 24.00 feet to the southeasterly corner of said Lot
1; thence along the boundary of said Lot 2 the following bearings
and distances: South 19°54'50" West, 75.00 feet; South 16°00'40"
East, 183.83 feet; South 21'49'50" East, 240.14 feet, to the
southeasterly corner of said Lot 2; thence North 79'41'28" West,
428.34 feet; North 1°13'30" East 133.60 feet; and North 88°30'00"
West, 173.85 feet to the southerly terminus of the most westerly
line of said Lot 2; thence North 6°49'48' East along said most
westerly line 410.87 feet to a point which is distant 42.13 feet
southerly from the northerly terminus of said most westerly line;
thence leaving said boundary of Lot 2, South 62'54'54" East,
108.53 feet, more or less, to a point which bears North 76°41'00"
West and is distant 350.00 feet from the point of beginning;
thence Soutil 76° 41'00" East, J50.00 feet to the point of
beginning. Containing 5.00 acres, more or less.
SBEC Job No. H-0512-5
2-16-89
76C192C - FORM: 22-P1-9/74 - PS 11-84
I
'iYEC)RDING REQUESTED BY
ULD REPUBLIC TITLE COMPANY
WHEN RECORDED RETURN TO
NAME:
STREET
ADDRESS:
CITY
STATE:
ZIP:
City= -of Rolling Hills
City Manager
2 Portuguese Bend Road
Rolling Hills, CA 90274
ORDER NUMBER:
ESCROW/LOAN NO:
APN #:
96 520865 ,-0‘ do. 41 4-
.35—� ,6-z1 G�
/5t) see. '7/(/ /t
0
RECORDED/FILED IN OFFICIAL RECORDS
RECORDER'S OFFICE
LOS ANGELES COUNTY
CALIFORNIA
APR 02 1996 AT A.M:
_ I , Ly
MAY 2 2 1996
CITY OF ROLL>MA' HILLS
By
•
SPACE ABOVE FOR RECORDERS USE
TITLE(S) OF DOCUMENT
CERTIFICATE OF COMPLIANCE AND LOT LINE ADJUSTMENT
FEE $16
DAF $2
C-20
This page is added to the attached document as the First Page or Sheet there of does not
comply with the requirements of Section 27361.6 of Government Code
Said code provides in part that " Except as otherwise provided by law or regulation, all
documents submitted for recording shall have at least a 1/2-inch margin on the two vertical
sides except in the space reserved for recording information. At least the top 2 1/2 inches
of the first page shall be reserved for recording information, the left hand 3 1/2 inches of the
space shall be used by the public to show the name of the person requesting recording and the
name and address to which the document is to be returned following recording. In the event
the first page or sheet of a document does not comply with these requirements, a separate
page shall be attached by the party requesting recording to the front of the document which
meets these criteria and which reflects the title or titles of the document as required by
Section 27324."
NOTICE
The failure for the attached document to comply with the above may result in the County
Recorder assessing a $3.00 per page penalty, including this page, over and above the normal
recording fees.
**
* 4* OLD REPUBLIC
* ** TITLE COMPANY
(wp51 \doc\record 1 )
•
When recorded mail to:
CITY OF ROLLING HILLS
City Manager
2 Portuguese Bend Road
Rolling Hills, CA 90274
0 00I K ? RDER By OLD
LNERED TO RECO ,MODATILD
THIS INSTRUMENT O AS AN ACCOOODARON
TITLE COMPANY EXAMINED FOR REGON THE
ONF BI NAS NOT BEEN EXAITS EFFECT SUFFICIENCY.
0 TO TME POR AS 'TO ROPERTY HEREIN DESCRIBED.
ITLE
SUBJECT LOTS: (2 Lots)
Lot 1 of Tract Map No. 29408
as recorded in Book 808, pages 27-29.
Rolling Hills Lot No.: 241-A-1-MS
Assessors Parcel No: 7569-23-29
Street Address:
0 Chestnut Lane
Rolling Hills, California 90274
AND
Lot 2 of Tract Map No. 29408
as recorded in Book 808, pages 27-29.
Rolling Hills Lot No.: 241-A-2-MS
Assessors Parcel No.:7569-23-30
Street Address:
35 Crest Road West
Rolling Hills, California 90274
Space above for. Recorder's use
CERTIFICATE OF COMPLIANCE
AND
LOT LINE ADJUSTMENT
California Government Code Sections
66412(d) and 66499.35
OWNER(s): (1)
Richard C. Colyear
Richard C. Colyear
I, Craig Nealis, am the City Manager of the City of Rolling Hills, a California Municipal
Corporation, and am authorized to act on behalf of the City of Rolling Hills in the issuance of this
Certificate. I do hereby certify as follows:
(a) The location of the boundary line dividing the two lots listed above is hereby adjusted so
as to reconfigure both lots into two (2) parcels as described in Exhibit "A" attached to this Certificate. This
lot line adjustment is made pursuant to, and in conformance with, a request made on February 28, 1989 by
the owner of the subject lots, Mr. Richard C. Colyear.
(b) The parcels created by this lot line adjustment comply with the lot line adjustment
requirements of the Subdivision Map Act (California Government Code Section 66412(d)), and the creation
of these parcels is exempt from the Parcel Map requirements of the California Subdivision Map Act.
1682323 2
Page 1 of 3
96 520865
J 1'
• •
(c) This Certificate relates only to the issue of compliance with the Subdivision Map Act and
City ordinances enacted pursuant thereto. The parcels described herein may be sold, leased, or financed
without further compliance with the Subdivision Map Act or any local ordinance enacted pursuant thereto.
(d) Nothing in this Certificate: (i) abrogates or eliminates existing easements recorded
against the above listed lots on March 3, 1995 (Recorder's No. 95-339991); (ii) exempts these parcels from
requirements of all existing permits and other grants of approval from the City of Rolling Hills and other
public entities; or (iii) eliminates the requirement to obtain all required permits and other grants of approval
from the City of Rolling Hills and other public entities, that have not already been issued or granted for
additional development or redevelopment of the subject parcels.
Approved and Certified, this.25.11^ day of ,' laj , 1996.
State of California
County of GoF, //Y6ELES
}
}
}
Craig Nealis,
City Manager
City of Rolling Hills
On/ /?Cd 215 , 19 , before me, - )zi(>L4 s /V 4T77Z a Notary Public,
personally appeared i2 /1 /
, personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/shettheyexecuted the same in his/herlthei=r-authorized
capacity(ies:), and that by, his/hreir signature(s) on the instrument the person(), or the entity upon behalf
of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature 0,, --
(seal)
.>?7Y
DOUGLAS K. MC HATTIE
COMM. # 977020
Notary Public — California
LOS ANGELES COUNTY
My Comm. Expires NOV 6,1996
1682323 2
Page 2 of 3
96 520.865
•
EXHIBIT "A"
Legal Description of the Two Parcels
Created by a Lot Line Adjustment between
Lots 1 and 2 of Tract Map 29408,
as recorded in Book 808, pages 27-29
as adjusted by Certificate of Compliance and
Lot Line Adjustment dated March,Z1996
PARCEL 1
Those portions of Lots 1 and 2, Tract No. 29408, in the City of Rolling Hills, County of Los Angeles,
State of California, as per map recorded in Book 808, Pages 27 to 29, of Maps, Records of Los Angeles
County, described as follows:
Beginning at the northeasterly corner of said Lot 1, Tract No. 29408; thence South 19°54'50" West along
the easterly line of said Lot 1, 287.31 feet to a point; thence leaving said easterly line, North 76°41'00"
West, 350.00 feet to a point; thence North 62°54'54" West, 108.53 feet, more or less, to a point in the
most westerly line of said Lot 2, Tract No. 29408, said point is South 6°49'48" West, 42.13 feet from the
northerly terminus of said most westerly line; thence North 6°49'48" East, 42.13 feet along said most
westerly line of Lot 2; thence North 54°03'48" East, 199.62 feet along the northwesterly line of said Lot 2;
thence South 79°49'00" East, 25.41 feet along the most northerly line of said Lot 2 to the northwesterly
corner of said Lot 1; thence South 79°49'00" East, 42.00 feet and South 88°40'41" East, 302.61 feet along
the northerly lines of said Lot 1 to the point of beginning. Containing 2.35 acres, more or less.
PARCEL 2
Those portions of Lots 1 and 2, Tract No. 29408, in the City of Rolling Hills, County of Los Angeles,
State of California, as per map recorded in Book 808, Pages 27 to 29 of Maps, Records of Los Angeles
County, described as follows:
Beginning at a point in the easterly line of said Lot 1 which is 287.31 feet distant southerly, measured along
said easterly line from the northeasterly corner of said Lot 1; thence South 19°54'50" West, 24.00 feet to
the southeasterly corner of said Lot 1; thence along the boundary of said Lot 2 the following bearings and
distances: South 19°54'50" West, 75.00 feet; South 16°00'40" East, 183.83 feet; South 21°49'50" East,
240.14 feet, to the southeasterly corner of said Lot 2; thence North 79°41'28" West, 428.34 feet; North
1 ° 13'30" East 133.60 feet; and North 88°30'00" West, 173.85 feet to the southerly terminus of the most
westerly line of said Lot 2; thence North 6°49'48" East along said most westerly line 410.87 feet to a point
which is distant 42.13 feet southerly from the northerly terminus of said most westerly line; thence leaving
said boundary of Lot 2, South 62°54'54" East, 108.53 feet, more or less, to a point which bears North
76°41'00" West and is distant 350.00 feet from the point of beginning; thence South 76°41'00" East,
350,.00 feet to the point of beginning. Containing 5.00 acres, more or less.
1682323 2
Page 3 of 3
96 520865
RESOLUTION NO. 90-5
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ROLLING HILLS DENYING A
CERTIFICATE OF COMPLIANCE FOR LOT LINE
ADJUSTMENT IN ZONING CASE NO. 414
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS
DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section 1. An application was filed by Mr. Richard
Colyear with respect to real property in the vicinity of Chestnut
Lane (Lot 241-A-1-MS) and real property located at 35 Crest Road
West, Rolling Hills (Lot 241-A-2-MS) requesting a Certificate of
Compliance for a Lot Line Adjustment to move the side lot line
dividing these two lots so that a portion of existing lot 241-A-2-MS
is placed into lot 241-A-1-MS.
Section 2. The Planning Commission conducted a
duly -noticed public hearing to consider the application on January
16, 1990, February 20, 1990, and March 20, 1990, and conducted a
field site review on January 6, 1990.
Section 3. California Government Code Subsection
66412(d) authorizes minor 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
City.
D. the lot line adjustment is approved by the
Section 4. The Planning Commission finds that:
A. The proposed lot line adjustment will
increase the size of Lot 241-A-1-MS so that it will cover a net two
acres after excluding easements.
B. The two parcels created by the lot line
adjustment will not conform to local zoning and building ordinance
because Parcel 241-A-2-MS will not comply with Section 16.16.040 of
the Rolling Hills Municipal Code requiring a minimum frontage of 150
(150') feet along a street easement line.
•
C. The two parcels created by the lot line
adjustment will not conform to local zoning and building ordinances
because proposed Parcel 241-A-1-MS will not abut a street easement
line for a minimum of 150 feet as required by Section 16.16.040 of
the Rolling Hills Municipal Code.
D. There is insufficient evidence presented by
the applicant to find that Parcel 241-A-1-MS can comply with Section
17.16.115 of the Rolling Hills Municipal Code requiring each parcel
to be developed with a driveway to a maintained roadway. The
applicant has declined to provide sufficient evidence for the
Commission to find that a strip of property that lies between
proposed Parcel 241-A-1-MS and Chestnut Lane has been authorized by
the owner of such strip or the Rolling Hills Community Association,
or both, to be used by the owner of Parcel 241-A-1-MS as driveway
access from the improved roadway to the parcel.
E. The Commission lacks sufficient evidence to
find that the two parcels created by the lot line adjustment will
comply with Site Plan Review Ordinance standards contained in Section
17.34.040 of the City's Zoning Ordinance. Those standards prohibit
extensive grading and requires preservation of natural slopes. Based
upon evidence submitted by the applicant, if proposed Parcel
241-A-1-MS is developed, extensive grading including the export of
approximately 10,000 square feet of soil would have to occur to
create a building pad. The necessity of such extensive grading and
net export of soil does not conform to the City's Zoning Ordinance
requiring minimization of grading and preservation of slopes (Section
17.34.040). The required grading also does not comply with the
City's policy of requiring a balance cut and fill of graded soil.
Without sufficient evidence presented to show that Parcel 241-A-1-MS
could be developed in compliance with those standards, there is
insufficient evidence to find that the two parcels to be created
could be developed in compliance with local zoning and building
ordinance.
Section 5. Based upon the foregoing findings, the
Planning Commission hereby denies a Certificate of Compliance for a
lot line adjustment for lots 241-A-1-MS and 241-A-2-MS.
PASSED, APPROVED AND ADOPTED this 7th day
of nr,; 1 , 1990.
/s/ Allan Roberts
Chairman
ATTEST:
Deputy Clerk
RESOLUTION NO. 635
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ROLLING HILLS AUTHORIZING THE ISSUANCE OF
A CERTIFICATE OF COMPLIANCE FOR LOT LINE
ADJUSTMENT IN ZONING CASE NO. 414
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES
HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section i. An application was filed by Mr. Richard
Colyear with respect to real property in the vicinity of Chestnut
Lane (Lot 241-A-1-MS) and real property located at 35 Crest Road
West, Rolling Hills (Lot 241-A-2-MS) requesting a Certificate of
Compliance for a Lot Line Adjustment to move the side lot line
dividing these two lots so that a portion of existing Lot 241-A-
2-MS (Parcel No. 2) is placed into Lot 241-A-1-MS (Parcel No. 1).
Section a. California Government Code Subsec-
tion 66412(d) authorizes minor 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.
Section 3. The Planning Commission conducted a duly -
noticed public hearing to consider the application on January 16,
1990, February 20, 1990 and March 20, 1990, and conducted a field
site review on January 6, 1990. Upon reviewing the evidence and
receiving testimony, the Commission denied the lot line adjust-
ment by a Resolution adopted on April 7, 19.90.
Section 4. Pursuant to Section 17.32.140 of the
Rolling Hills Municipal Code, the applicant appealed the
Commission's denial of the lot line adjustment within the appeal
period on April 16, 1990.
Section 5. The City Council opened the public hearing
on May 29, 1990 and continued it until such time that the appli-
cant provided certain information to the City regarding driveway
access to Parcel No. 1.
Section 6. The applicant has now provided additional
information to the City regarding the lot frontage along main-
tained roadways and the authority to construct a driveway across
the roadway easement for purposes of creating access from
Chestnut Lane to Parcel No. 1.
Section 7. The City Council has considered the evi-
dence, both written and oral, presented to it in connection with
this application and finds as follows:
A. The proposed lot line adjustment will
increase the size of Lot 241-A-1-MS so that it will cover a net
two acres after excluding easements.
B. The proposed adjustment will not increase or
change the existing nonconformity with respect to Sec-
tion 16.16.040 of the Rolling Hills Municipal Code requiring a
minimum frontage of 150 feet along a maintained roadway.
C. Evidence has been presented by the applicant
by way of a memorandum from Peggy Minor, Manager of the Rolling
Hills Community Association, indicating that the Community
Association authorizes the construction of a driveway from
Chestnut Lane to Parcel No. 1 across an easement held by the
Association for roadway purposes. Based upon this authorization,
the City has evidence to conclude that the owner of Parcel No. 1
can comply with Section 17.16.115 of the Rolling Hills Municipal
Code requiring each parcel to be developed with a driveway to a
maintained roadway.
D. The City's Sanitary Sewer Feasibility Study,
prepared by ASL Consulting Engineers on February 9, 1988,
recommends the installation of future sewer lines to service the
immediate vicinity to be constructed along the westerly property
line of Parcel 2 (Lot 2), along the boundary line of proposed
Parcels 1 and 2 and then along the easterly property line of
Parcel 1 (See Map 13 of 22 to the ASL Study). Based upon this
Study and the need to provide for the future installation of
sewers to serve the properties in the immediate vicinity of the
subject property, conditions have been attached to require the
applicant to record an easement to the Rolling Hills Community
Association for ingress and egress purposes to construct
underground utilities along the westerly line of Parcel 2 (Lot
2), along the boundary line between Parcel 1 (Lot 1) and Parcel
2 (Lot 2) and along the easterly boundary line of Parcel 1 (Lot
1) .
E. Conditions have also been attached to this
approval which provide that it will not impair or limit the
City's application of the Site Plan Review Ordinance to any
future development of Parcel No. 1.
-2-
Section 8. In accordance with the foregoing findings,
the lot line adjustment sought in Zoning Case No. 414 as
indicated on the map attached hereto as Exhibit "A" is hereby
approved subject to the following conditions:
A. The applicant shall prepare and, upon
approval and acceptance by the City, record concurrent with the
Certificate of Lot Line Adjustment an easement in gross, in favor
of the City of Rolling Hills (with the intention that the City
convey it immediately to the Rolling Hills Community Association)
for ingress, egress and the installation, maintenance, repair,
replacement and removal of sewer lines and other underground
utilities over that certain real property described as (i) the
westerly ten (10) feet of Parcel 2, (ii) ten (10) feet on either
side of the boundary line between Parcels 1 and 2 and (iii) the
easterly ten (10) feet of Parcel 1. The easement deed shall
prohibit Grantor or any successor to Grantor from constructing or
erecting any improvements or altering the contours of the surface
of the easement area other than installation of shallow rooted
landscaping and necessary irrigation systems.
B. The lot line adjustment shall not in any way
constitute any representation that Parcel No. 1 (Lot 1) is a
buildable lot or that it is able to be developed in compliance
with zoning and building ordinance standards.
C. The lot line adjustment shall not in any
respect limit or impair the City's application of the Site Plan
Review Ordinance (Ordinance 221) to Lot 241-A-1-MS (Parcel No. 1)
at such time as an application is made for development.
D. The lot line adjustment shall not in any
respect waive, release or be construed to supercede any
restriction, dedication or condition set forth on Final
Subdivision Map 29408, and all such matters are hereby reserved.
E. The Certificate of Lot Line Adjustment shall
include a legal description complying with the delineation of
adjustment attached hereto as Exhibit A.
-3-
•
F. The applicant shall execute an affidavit of
acceptance of all conditions or this lot line adjustment shall
not be effective.
PASSED, APPROVED and ADOPTED this
February 1991.
CITY 'CLERK
The foregoing resolution No. 633 entitled:
13th day of
-Krre-
YOR PRO TEM
A aasoLuTia.1 OF TIIE CITY COUNCIL OF THE CITY .0'_' ROLLING
HILLS, CALIFORNIA, AUTHORIZING THE ISSUANCE OF
CERTIFICATE Or C'YIPLI ANCE FOR LOT LINE ADJUSTI_ENT
-IN ZONING CASE NO. 414
was apnroved and adopted at a regular meeting of the City Council
at a r eetin .on ,ebruary 13, 1991 by the following roll call
vote:
AYES:
�,y a.
Councilner'bees Leeuwenburth, Murdock, Swanson;
"a;Tor ?ro Teri :'erneli; 'Mayor Heinsheimer
NOES: None
ABSENT: None
ABSTAIN: None
-4-