944, A lot line adjustment and land, Resolutions & Approval ConditionsRESOLUTION NO. 2018-09
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS AUTHORIZING A LOT LINE ADJUSTMENT
BETWEEN TWO LOTS AT 0 BUGGY WHIP DRIVE (LOT 175-A-2-MS)
AND 25 CREST ROAD WEST (LOT 175-A-1-MS) RESULTING IN A NET
TRANSFER OF 5 GROSS SQUARE FEET AND GRANTING A SITE
PLAN REVIEW AND VARIANCES IN ZONING CASE NO. 944
(CZYZYK/ CHANDRAN).
THE PLANNING COMMISSION DOES HEREBY FIND, RESOLVE AND ORDER AS
FOLLOWS:
Section 1. An application was duly filed by Mr. Joseph Czyzyk, with respect
to real property located at 0 Buggy Whip Drive (Lot 175-A-2-MS) and 25 Crest Road
West (Lot 175-A-1-MS) for a Site Plan Review, Variances and a Lot Line Adjustment
between the two parcels of land that will result in a net transfer of 5 gross square feet
from the property at 0 Buggy Whip Drive to the property at 25 Crest Road West. Four
Variances are requested: 1) altering non -conforming structural lot coverage, 2) not
meeting the minimum frontage along a roadway easement as required by code, 3)
creating a new structural encroachment into a side yard setback, and 4) worsening an
existing legal non -conforming condition as to the size of one of the lots.
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. (Id.)
Section 3. The Rolling Hills Municipal Code also provides a procedure for the
preparation, filing, processing, and approval or denial of a lot line adjustment
application consistent with the policies of the general plan and the requirements of the
Subdivision Map Act. (See Chapter 16.44 of the Rolling Hills Municipal Code.) The
Planning Commission, in approving a lot line adjustment, shall adopt conditions only
as necessary to conform the adjustment parcels to the requirements of Title 17 (Zoning)
and Title 15 (Building and Construction), or to facilitate the relocation of existing
utilities, infrastructure, trails or easements. (See RHMC Section 16.44.040.)
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Section 4. The Planning Commission conducted a duly noticed public hearing
at the site on July 17, 2018 and continued the public hearing to the regular evening
meeting. At that time, the Planning Commission directed staff to prepare a resolution of
approval. No neighboring residents inquired about the proposed lot line adjustment.
Section 5. The Planning Commission finds that the project is categorically
exempt pursuant to Section 15305, Class 5 of the California Environmental Quality Act
(CEQA).
Section 6. RHMC Section 16.44.040 requires the Planning Commission to
make findings in order to approve a lot line adjustment application. The Planning
Commission has considered the evidence, both written and oral, in connection with this
application and with respect to the lot line adjustment application and makes the
following findings:
A. The adjustment will not have the effect of creating a greater number of
parcels than existed before the adjustment.
B. The parcels resulting from the adjustment will not conflict with any
applicable regulations of the zoning ordinance with approval of the variances. Both of
the parcels are in the RAS-2 zone and are under the two net acre minimum lot size.
According to RHMC Section 17.16.060, parcels of record which, prior to the adoption of
the current standard requiring each parcel in the RAS-2 zone to have two net acres, had
smaller than the currently required lot area shall be considered to have the required
area. Both of these parcels were legally created, and thus, are legal nonconforming. This
lot line adjustment will not change the nonconforming status of both lots by any more
than 5 gross square feet. The proposed lot line adjustment will result in Parcel 1 having
2.0 gross acres and 1.47 net acres and Parcel 2 having 2.28 gross acres and 1.65 net acres.
As a result, the legal nonconformity is only intensified or expanded by 0.03 net acre for
the property at 0 Buggy Whip Drive and reduced on the other parcel by 0.01 net acre, an
increase in size. The parcels resulting from the adjustment will not conflict with any
applicable regulations of the zoning ordinance after Variances are granted.
C. The adjustment will not result in an increase in the number of
nonconforming parcels. 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 RAS-2 Zone shall have a net area of not less than eighty seven
thousand one hundred twenty square feet, (2.0 acres). The lot line adjustment will not
change the number of nonconforming parcels. There will be two parcels under two net
acres as it was prior to the lot line adjustment.
Section 7. Section 17.46.050 of RHMC requires the Commission to make
findings in order to approve a site plan review application. The Planning Commission
has considered the evidence, both written and oral, in connection with this
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applicationand with respect to the Site Plan application for the lot line adjustment and
makes the following findings:
A. The proposed lot line adjustment is compatible with the General Plan, the
Zoning Ordinance and surrounding uses because the existing structures will not
changed and comply with the General Plan requirement of low profile, low -density
residential development with sufficient open space between surrounding structures and
maintaining sufficient setbacks to provide buffers between residential uses. And the
uses on the lots promote the rural aesthetic of Rolling Hills.
B. The lot line adjustment substantially preserves the natural and undeveloped
state of the lot as there is no additional development proposed at this time.
C. The existing conditions of the lots are harmonious in scale and mass with
the sites, and are consistent with the scale of the neighborhood in the City. Since the lot
line adjustment will not change the number of nonconforming lots the properties are
not any less consistent with the scale of the neighborhood in the City. The two lots are
also harmonious in scale and mass since there is no construction on either of the two
lots.
D. The project preserves and integrates into the site design, to the greatest
extent possible, existing topographic features of the site, including surrounding native
vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls).
There will be no construction on the property, and therefore the project preserves and
the existing topographic features of the site.
E. The grading on the property has been designed to follow natural contours
of the site and to minimize the amount of grading required to create the building area.
There will be no grading on the property, and therefore the natural contours of the site
will not change.
F. Grading will not modify existing drainage channels nor redirect drainage
flow, unless such flow is redirected into an existing drainage course. There will be no
grading on the property, and therefore the natural contours of the site will not change.
G. The project preserves surrounding native vegetation and mature trees and
supplements these elements with drought -tolerant landscaping which is compatible
with and enhances the rural character of the community, and landscaping provides a
buffer or transition area between private and public areas. There will be no
construction on the property, and therefore the surrounding native vegetation and
mature trees will be preserved.
H. The proposed development is sensitive and not detrimental to the
convenience and safety of circulation for pedestrians and vehicles because there is no
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change in ingress/egress along the two roadway easements or roadway improvements
along the borders of the property.
I. The project conforms to the requirements of CEQA. As stated above, the
project is categorically exempt pursuant to Section 15305, Class 5 of the CEQA.
Section 8. With respect to the Lot Line Adjustment approval and Site Plan
Review approval, the Planning Commission imposes the following conditions:
A. The Lot Line Adjustment approval shall expire within two years from the
effective date of approval as defined in Section 17.46.080, unless otherwise extended
pursuant to the requirements of this section.
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 with
current zoning and building ordinance standards. No development, including study of
soils, geology, hydrology, grading, and other requirements, 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 or other ordinances or code to the lots at such time
as an application is made for development.
E. The applicants shall execute an Affidavit of Acceptance of all conditions of
this Resolution for approval to be effective.
F. There shall be easements within the adjusted boundaries of the lots, as
required by the Rolling Hills Community Association. Section 16.20.230 of the Rolling
Hills Subdivision Ordinance requires that easements, the width of which are to be
determined by the RHCA, be dedicated for bridle trail and utility purposes over the
strips and portions of land within and abutting upon the property lines and will be
recorded concurrently with the Certificate of Compliance for lot line adjustment. The
maps and legal descriptions showing the new property lines shall be attached to the
Certificate of Compliance, which shall be a separate recorded document.
G. The Certificate of Compliance shall not be issued until a legal description
complying with the delineation of adjustment, and including the required easements
and trails, if any, 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.
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H. 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.
Section 9. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal
Code permit approval of a Variance 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.
A variance from the requirements of Sections 16.16.040„17.16.060, 17.16.070 and
17.16.120 of the Zoning Ordinance are required for 1) altering non -conforming
structural lot coverage, 2) not meeting the minimum frontage along a roadway
easement as required by code, 3) creating a new structural encroachment into a side
yard setback, and 4) worsening an existing legal non -conforming condition as to the
size of one of the lots.
With respect to the aforementioned request for variances, the Planning
Commission finds as follows:
A. There are exceptional circumstances and conditions on Parcel 1, including
the shape of the lot, all of which constrain access and development. 0 Buggy Whip is a
flag lot and the lot line adjustment will result in a wider access point for the property.
The increase in the width of the frontage of the flag lot enables a wider driveway for
vehicular access.
B. The variance is necessary for the preservation and enjoyment of a
substantial property right of Parcel 1 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. Many flag lots in the city are developed and do not have the minimum
roadway easement frontage.
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 properties are located in that the lot line adjustment is minimally visible
from adjacent properties and does not negatively affect drainage or traffic circulation to
and from the properties..
D. In granting the variances, the spirit and intent of the Zoning Ordinance
will be observed in that the two lots are orderly, attractive, and do not detrimentally
affect the rural character of the community. Their development is not proposed to be
changed and is cohesive with the rural character of the area. The lots are already
nonconforming as to their size and the net change of 5 square feet in gross area and side
yard encroachmeof of 4' on Parcel 2 are negligent. The area of the lot behind the house
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encroachment is open and usable as a yard and is adjacent to the newly widened access
to Parcel 1, which is developed as a driveway, giving it a very open feel and not
crowding other structures on either of the lots.
E. The variances will not grant special privilege to the applicants because
there is very little change to the two properties and the benefits gained are consistent
with other elements enjoyed by adjacent properties.
F. The variances are consistent with the portions of the County of Los
Angeles Hazardous Waste Management Plan relating to siting and siting criteria for
hazardous waste facilities because it does not affect any hazardous waste facilities.
G. The variances are consistent with the general plan of the City of Rolling
Hills. The proposed project, together with the variances, will be compatible with the
objectives, policies, general land uses and programs specified in the General Plan and
will uphold the City's goals to protect and promote construction that is rural in nature.
The project does not change the existing development on either of the lots, but slightly
changes the lot lines between the lots.
PASSED, APPROVED AND ADOPTED ON THE 21ST DAY OF AUGUST, 2018.
k'CI'ELF, AIRM ,. N
ATTEST:
Y TTE HALL, 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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STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS
I certify that the foregoing Resolution No. 2018-09 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS AUTHORIZING A LOT LINE ADJUSTMENT BETWEEN
TWO LOTS AT 0 BUGGY WHIP DRIVE (LOT 175-A-2-MS) AND 25 CREST
ROAD WEST (LOT 175-A-1-MS) RESULTING IN A NET TRANSFER OF 5
GROSS SQUARE FEET AND GRANTING A SITE PLAN REVIEW AND
VARIANCES IN ZONING CASE NO. 944 (CZYZYK/CHANDRAN).
was approved and adopted at a regular meeting of the Planning Commission on August
21, 2018 by the following roll call vote:
AYES: CARDENAS, COOLEY, SEABURN, AND CHAIR CHELF.
NOES: NONE.
ABSENT: KIRKPATRICK.
ABSTAIN: NONE.
and in compliance with the laws of California was posted at the following:
Administrative Offices
YVETTE HALL, CITY CLERK
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