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849, A lot line adjustment between , Resolutions & Approval ConditionsRESOLUTION NO. 2014-05 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 0 BUGGY WHIP DRIVE (LOT 175-A-2-MS) AND 25 CREST ROAD WEST (LOT 175-A-1-MS) AND GRANTING VARIANCES TO ALLOW EXISTING NONCONFORMING CONDITIONS TO REMAIN FOR WIDTH OF THE LOT, FOR LOTS THAT ARE LESS THAN 2 ACRES NET IN SIZE AND TO EXCEED STRUCTURAL COVERAGE, IN ZONING CASE NO. 849, (CZYZYK AND CHANDRAN). PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, (CEQA). 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. Joseph Czyzyk with respect to real property located at 0 Buggy whip Drive and 25 Crest Road West requesting a Certificate of Compliance for a Lot Line Adjustment to move two common property lines where 2,318 square feet of the property at 0 Buggy Whip Drive would be transferred to 25 Crest Road West and 2,227 square feet of 25 Crest Rd. W. would be transferred to 0 Buggy Whip Drive property. The application also includes request for Variances to retain lots that are less than 2 acres net in size, to allow less than 150' frontage at 0 Buggy Whip Drive and to exceed the structural coverage at 25 Crest Rd. West by 0.1% 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 lots are located in the RAS-2 zoning district. The existing parcels are non -conforming due to their size; each having net lot area less than 2 acres. 0 Buggy Whip Drive is further non -conforming due to its frontage width along Buggy Whip Drive (less than 150' wide), and the structural coverage on 25 Crest Road West ZC NO. 849 LL ADJ. i currently exceeds the maximum permitted of 20% by 0.29%. The resulting parcels will remain non -conforming as to the size. The non -conformity for lot coverage at 25 Crest Rd. W. and the nonconformity for lot frontage at 0 Buggy Whip will remain but will be slightly less than the existing. Section 4. The Planning Commission conducted a duly noticed public hearing to consider the application at a field visit to the site on January 21, 2014. No one testified for or against the project. Section 5. 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 6. 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-2 Zone shall have a net area of not less than eighty seven thousand one hundred twenty square feet, (2.0 acres). The proposed lot line adjustment will result in Parcel 1, 0 Buggy Whip Drive - APN: 7569-024-022 to be 63,839 square feet (1.46 acres) net and Parcel 2, 25 Crest Road West - APN: 7569-024-023 to be 71,882 square feet (1.65 acres) net. Both lots are currently less than the required two -acre net. The net lot area is measured by taking the entire lot area and deducting (a) the entire area within a recorded roadway easement plus the area within ten feet measured perpendicular to the edge of the roadway easement; (b) the ten foot perimeter of the lot perpendicular to the property lines; (c) any private drive or driveway that provides access to any other lot or parcel of land and (d) the access strip portion of a flag lot. The Planning Commission finds that the existing conditions will remain and therefore not be materially detrimental to the public welfare or injurious to the properties or improvements in the vicinity. B. Section 16.16.020 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 the property at 25 Crest Road West project, as the lot line adjustment is proposed in the rear of that lot and the lot line along the street for 0 Buggy Whip Drive will increase from approximately 31 feet to 51 feet in width. The Planning Commission finds that this condition exists and the proposed condition would lessen the violation and therefore granting of the variance will not be materially detrimental to the public welfare or injurious to the properties or improvements in the vicinity. C. Section 17.060.070 of the Rolling Hills Zoning Ordinance requires that all structures on a lot shall not cover more than 20% of the net lot area. The proposed lot line adjustment will result in decreasing the already non -conforming structural ZC NO.849 LL ADJ. 2 coverage on Parcel 2, 25 Crest Road West by 0.1%. The Planning Commission finds that this condition exists and the proposed condition would lessen the violation and therefore granting of the variance will not be materially detrimental to the public welfare or injurious to the properties or improvements in the vicinity. D. 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. E. 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. F. 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 7. In accordance with the foregoing findings, a Certificate of Compliance for lot line adjustment and Variances sought in Zoning Case No 849 as indicated on the map stamp dated January 14, 2014, and on file in the Planning Department 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 easements on each side of the adjusted lot lines within the adjusted boundaries of the lots, as required by the Rolling Hills Community Association. 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. 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 shall occur on the properties without first complying with all applicable City Building and Zoning requirements and other applicable rules and regulations. ZC NO. 849 LL ADJ. 3 D. The lot line adjustment shall not in any respect limit or impair the City's application of the Site Plan Review Ordinance 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 D of Section 6 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 u Q PPROD ADOPTED ON THE 18TH DAY OF FEBRUARY 2014. _ice tAHEIF, CHAIRMAN ATTEST: Ala HEIDI LUCE, CITY CLERK ZC NO.849 LL ADJ. 4 STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS) I certify that the foregoing Resolution No. 2014-05 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 0 BUGGY WHIP DRIVE (LOT 175-A-2-MS) AND 25 CREST ROAD WEST (LOT 175-A-1-MS) AND GRANTING VARIANCES TO ALLOW EXISTING NONCONFORMING CONDITIONS TO REMAIN FOR WIDTH OF THE LOT, FOR LOTS THAT ARE LESS THAN 2 ACRES NET IN SIZE AND TO EXCEED STRUCTURAL COVERAGE, IN ZONING CASE NO. 849, (CZYZYK AND CHANDRAN). PROJECT HAS BEEN DETERMINED TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, (CEQA). was approved and adopted at a regular meeting of the Planning Commission on February 18, 2014 by the following roll call vote: AYES: Commissioners Gray, Kirkpatrick, Mirsch, Smith and Chairman Chelf. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices ZC NO. 849 LL ADJ. ah°Idcl�iaul HEIDI LUCE CITY CLERK 5