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756, Lot Line adjustment between 17, Staff Reports•eitv oflellin9 _AM • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 Agenda Item l\fo ':( 1�, 7288 Mtg. Date: 7/14/08 DATE: JULY 14 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR THROUGH: ANTON DAHLERBRUCH, CITY MANAGER SUBJECT: RESOLUTION NO. 2008-11. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS AUTHORIZING THE ISSUANCE OF A CONDITIONAL CERTIFICATE OF COMPLIANCE FOR A LOT LINE ADJUSTMENT BETWEEN TWO PROPERTIES, HAVING ASSESSORS PARCEL NUMBERS (APN) 7567-15-09 AND 7567-15- 10 AT 17 AND 19 GEORGEFF ROAD LOTS 27-GF AND 28-GF, IN ZONING CASE NO. 756, (YU). RESOLUTION NO. 2008-12. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF VARIANCES FOR REDUCED LOT SIZE AND STREET FRONTAGE OF A LOT, AND TO ENCROACH WITH THE EXISTING RESIDENCE INTO THE SIDE YARD SETBACK, WHICH RESUL I'LD FROM A LOT LINE ADJUSTMENT BETWEEN 17 AND 19 GEORGEFF ROAD, AT 19 GEORGEFF ROAD, LOT 27-GF IN ZONING CASE NO. 756, (CASTOR). RECOMMENDATION It is recommended that the City Council receive and file this report or provide other direction to staff. REQUEST Request for a Certificate of Compliance for Lot Line Adjustment between two parcels of land for properties at 17 and 19 Georgeff Road, Rolling Hills, CA, having Assessors Parcel Numbers (APN) 7567-15-09 and 7567-15-10; and request for Variances for 19 Georgeff Road for less than the required lot size and lot width at street frontage and to encroach with the existing residence into the side yard setback. No new development is proposed with this application. ZC NO. 756 Lot Line Adjs. Variances c9 Printed on Recycled Paper • • BACKGROUND 1. At the June 17, 2008 Planning Commission meeting the Commission adopted Resolutions 2008-11 and 2008-12 approving the proposed project. The vote was 3-0-1-1. Commissioner Henke abstained, due to the fact that he was absent at the field trip and at the subsequent meeting. Commissioner DeRoy was absent and excused. However, at the meeting at which Commissioners directed staff to prepare a resolution of approval, Commissioner DeRoy voted in the affirmative. 2. The applicants, Mr. and Mrs. Yu, on behalf of themselves and Dr. Castor, requested an adjustment of lot lines between two lots, known as 17 and 19 Georgeff Road (19 Georgeff is shown as parcel No. 1 and 17 Georgeff as parcel No. 2 on the plot plan). No new lots are being created and no new development is currently being proposed. Mr. and Mrs. Yu reside at 17 Georgeff Road and Dr. Castor at 19 Georgeff. With the proposed adjustment 2,539 square feet of Parcel 1, (19 Georgeff) would be deeded to Parcel 2, (17 Georgeff). 3. In the past, the applicants constructed certain improvements on the adjacent property consisting of a fire pit, pathways, landscaping and decorative stairs. They have also repaired and replaced a retaining wall that according to the applicants was in danger of falling over and a paddock area in danger of subsidence. The applicants made these improvements thinking that that portion of the lot was part of their property and they were concerned about the lot subsiding and lack of drainage in the area. These improvements were also located in the easements on both properties and would have required RHCA approval. 4. The repairs and encroachment resulted in a property line dispute between the property owners. The property owners attempted to reach an agreement, where the Yu's would have the use of the area with the improvements. Mr. Castor (19 Georgeff Road), asked that all of the improvements be removed. In addition, the encroachments needed to be approved by the RHCA. The Yu's removed the encroachments from Dr. Castor's property, but desired to have control of the area for drainage control and monitoring of any failure of the land. 5. The property owners could not reach an agreement on the use of the property by the Yu's and engaged attorneys. The case was ready to go to trial, when an agreement was reached whereas Mr. Castor agreed to deed a portion of his property to Mr. and Mrs. Yu, for certain consideration. The agreement calls for moving the Yus existing property line, between 10 to 12 feet east, to the middle of the swale on Mr. Castor's lot and then continue the new property line around some of the previous improvements. The agreement is subject to the City and RHCA approving the proposed adjustment. Enclosed is a letter from Dr. Castor's attorney, urging the City to approve the proposed lot line adjustment, as agreed by the property owners. ZC NO. 756 Lot Line Adjs. Variances 2 • • 6. The RHCA Board approved the lot line adjustment with a condition that there will be no easement on Dr. Castor's property, but that a 20-foot easement be recorded on Mr. and Mrs. Yu's property. Therefore, although the property lines will move, a 20-foot easement will remain. The applicant also received an approval for a license agreement to plant in the easement. DISCUSSION 7. The net lot area of both properties, as calculated by the City for development purposes is less than the minimum required of one acre, therefore both lots are legal nonconforming. The lot at 19 Georgeff currently is 105 feet wide at the roadway easement line, therefore less wide than is required (required-150 feet along the roadway easement and along all points of the lot). With the lot line adjustment, both the size of this lot and the width would be further reduced. Therefore, the applicants request a Variance from the required size and width of parcels for Parcel 1. 8. The sizes of the parcels are shown below: 19 GEORGEFF ROAD Gross lot area with roadway easement Net lot area without roadway easement Net lot area as required by City EXISTING Castor PARCEL 1 48,855 sq.ft. (1.121 acres) PROPOSED Castor PARCEL 1 46,316 sq.ft. (1.063 acres) 46,438 sq.ft. (1.066 acres) 44,150 sq.ft. (1.013 acres) 37,831 sq.ft. (0.868 acres) 35,287 sq.ft. (0.810 acres) The net lot area for development purposes on this lot will be decreased by 2,544 square feet. 17 GEORGEFF ROAD Gross lot area with roadway easement Net lot area without roadway easement Net lot area as required by City EXISTING Yu PARCEL 2 47,265 sq.ft. (1.085 acres) 43,655 sq.ft. (1.002 acres) 35,084 sq.ft. (0.805 acres) PROPOSED Yu PARCEL 2 49,804 sq.ft. (1.143 acres) 45,953 sq.ft. (1.055 acres) 36,913 sq.ft. (0.847 acres) The net lot area for development purposes on this lot will increase by 1,829 square feet. 9. Currently the northern most portion of the residence on 17 Georgeff encroaches up to 11.2 feet into the side yard setback. The northern most portion ZC NO. 756 Lot Line Adjs. Variances 3 ,3 • of the residence at 19 Georgeff Road is located 23.7 feet from the side property line. With the lot line adjustment, the residence at 17 Georgeff will become conforming and will be located 20.3' from the new property line and the residence at 19 Georgeff Road will encroach 8.2 feet into the newly created side setback. A Variance to encroach into the side yard setback at 19 Georgeff is also being sought with this application. 10. Other than creating an encroachment into the set back at 19 Georgeff Road, the new lot sizes will not cause the development standards to become nonconforming. The existing and proposed coverages on the lots would be as follows: CRITERIA Structural coverage Total coverage Residence - Building pad coverage Stable Disturbance 17 GEORGEFF ROAD EXISTING 6,736 sq.ft. 19.2% 11,161 sq.ft. 31.8% 56.8% of existing 11,061 sq.ft. pad 27% 30.5% PROPOSED 6,736 sq.ft. 18.2% 11,161 sq.ft. 30.2% 56.8% Existing 11,061 sq.ft. pad 27% 28.9% 19 GEORGEFF ROAD EXISTING PROPOSED 5,305 sq.ft. 5,305 sq.ft. 14.0% 10,337 sq.ft. 27.3% 53.6% of existing 9,887 sq.ft. pad 45% -future 31.0% 15.0% 10,337 sq.ft. 29.3% 53.6% of existing 9,887 sq.ft. pad 45%-future 32.1% 11. Pursuant to the Subdivision Map Act, the Planning Commission may not impose conditions or exactions on its approval of a lot line adjustment except to conform to local zoning and building ordinances. Section 17.16.060 (A)(1) Lot Size: Each of the two lots currently do not meet the one acre, (43,560 sq.ft.), net lot area requirement in the RAS-1 zone. The proposed lot line adjustment will cause Parcel 2 to be even smaller (by 2,544 s.f.) and Parcel 1, will be larger (by 1,829 s.f.), but still not one acre net. Section 17.16.060(B) Minimum Dimensions.. The existing parcels are regular in shape. However, with the lot line adjustment the parcels will be irregular with a jog in the middle of the lots. Parcel 2, (17 Georgeff) currently meets the requirement for width of the lot at the frontage of the property along the roadway easement and is 150 feet. With the lot line adjustment the width at the roadway easement will be 160 feet. Parcel 1, (19 Georgeff), currently does not meet the 150 foot width requirement at the roadway easement, which is 105 feet. With the lot line adjustment the width of the lot along the roadway easement will be 95 feet. A Variance from this requirement is being requested with this application. ZC NO. 756 Lot Line Adjs. Variances 12. In response to justification for the Variances, the applicants state in part that the adjustment of the lot line to the swale makes topographic sense, and would result in the property owners at 17 Georgeff owning a piece of land in dispute, thereby giving them the complete responsibility to maintain the integrity of the entire hillside, which previously subsided and was repaired by the applicants. The applicants also state that the lot line adjustment is insignificant in that the lots are already less than the required one -acre in size, and the width of 19 Georgeff Road is also under the width requirement. The lot is narrower than the required 150 feet at the roadway easement, however it is much wider than 150 feet going away from the roadway easement. At the rear of the lot the lot is 215.5 feet wide. The applicants state that there would be no physical change to the lots. There is no new construction proposed and the structures on both lots would remain as they are now. Visually there will be no difference in the lot configurations. 13. The Los Angeles County Land Development Division, under a contract with the City, has reviewed the legal descriptions of the newly configured lots, and the Association will verify the legal descriptions for the new easements within those lots. Once the legal descriptions for the adjusted lots are verified, staff will prepare the appropriate documents for recordation of the newly configured lots. 14. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). CONCLUSION 15. The lot line adjustment is desirous by the applicants and has been agreed to by the adjacent property owner. The resulting lots would be irregular in shape, in that they would have several sharp turns at right angles towards the rear of the properties. There are many properties in the City that are irregular in shape, however, normally the irregularity is common to the entire lot or to an entire side. 16. The lots are currently substandard, (less than one acre net lot area), and the lot line adjustment would further reduce the size of one of the lots and, although the second lot would increase in size, it would still be less than one acre net. Section 17.16.060 4 of the Zoning Ordinance states that lots which are smaller than required and which were created prior to City requirement of one and two acres net lot areas, shall be considered to have the required area. Therefore, the existing lots could be developed as if they had the required size. A Variance is required, when one creates a lesser than exiting nonconforming lot. 17. The width of one of the lots along the roadway easement is currently substandard. There are many lots in the City that have less than the required 150 feet frontage. However, the lot line adjustment would further reduce the width of that lot. ZC NO. 756 Lot Line Adjs. Variances 5 - • • LARRY BOWMAN ROBERT B. SCHACHTER H ITCHCOCK. BOWMAN SCHACHTER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW SUITE 1030 DEL AMO FINANCIAL CENTER 21515 HAWTHORNE BOULEVARD TORRANCE, CALIFORNIA 90503-6579 (310) 540-2202 FAX 13101 540-8734 January 31, 2008 Ms. Yolanda Schwartz, Planning Director City of Rolling Hills Estates 2 Portuguese Bend Road Rolling Hills, California 90274 Ms. Kristen Raig Rolling Hills Community Association 1 Portuguese Bend Road Rolling Hills, California 90274 Re: Cecilia L. Yu et al. v. Wilbur W. Castor et al. Case No. YC054681 Dear Ms. Schwartz and Ms. Raig: FEB 0 '. 2003 CITYt ',........,,:, DONALD J. HITCHCOCK (1922-19831 As you are aware, this office represents Webb Castor and Donna Castor with respect to the existing disputes with their neighbors, Cecilia Yu and Timothy Yu. Mr. Castor and Mrs. Castor own the property located at 19 Georgeff Road and the Yus own the property at 17 Georgeff Road, Rolling Hills, California. The matter was set for trial for January 29, 2008. Fortunately, the parties were able to reach a resolution. The resolution/settlement is subiect to certain actions being approved by the City of Rolling Hills and/or the Rolling Hills Community Association. There is located on the Castors' property a concrete swale running parallel to the boundary line of the Yu -Castor property for a portion of the property. The area between the true boundary line and the concrete swale ranges in width, but it is generally ten feet (10') to twelve feet (12') in width for most of the area. • • Ms. Yolanda Schwartz, Planning Director City of Rolling Hills Estates Ms. Kristen Raig Rolling Hills Community Association January 31, 2008 Page 2 The parties have agreed that for certain consideration to be paid by the Yus to the Castors, the Castors will execute a deed to a portion of the Castors' property to the Yus. The portion of the property to be deeded will essentially be that strip between the true boundary line and the concrete swale running parallel with the Yu -Castor boundary line, but only for approximately one-half ('Y2) of the length of the property (starting at the street [Georgeff Road] and extending approximately halfway down the hillside). Pursuant to the agreement, the Yus are required to take any action necessary with respect to a lot line adjustment and/or approval of any governmental agencies. We anticipate that the Yus will be submitting an application in the near future. We wish to advise you that the Castors will support the application, provided it conforms with the terms and conditions of the settlement agreement between the Castors and the Yus. It is anticipated that the application will include a request that the easement and setback area in that portion of the Castors' property be vacated or abandoned by the City of Rolling Hills and/or the Rolling Hills Community Association since moving the easement over from the newly adjusted boundary line would greatly restrict the Castors' property. However, we believe that the solution agreed upon by the parties will benefit both parties and will not interfere with any rights established in favor of the City of Rolling Hills and/or the Rolling Hills Community Association. Again, Mrs. Yu or her attorneys will be submitting an application or applications in the near future. Thank you for your assistance in this matter. Sincerely, HITCHCOCK, BOWMAN & SCHACHTER Robert Schachter RS/lkj c: Webb Castor Peter Rustin, Esquire/Steve Goldberg, Esquire G\CASTOR\CITY-COMM UNITY.LTR • • RESOLUTION NO. 2008-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS AUTHORIZING THE ISSUANCE OF A CONDITIONAL CERTIFICATE OF COMPLIANCE FOR A LOT LINE ADJUSTMENT BETWEEN TWO PROPERTIES, HAVING ASSESSORS PARCEL NUMBERS (APN) 7567-15-09 AND 7567-15-10 AT 17 AND 19 GEORGEFF ROAD LOTS 27-GF AND 28-GF, IN ZONING CASE NO. 756, (YU). 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 Mrs. Cc Yu on behalf of her property and on behalf of Mr. Webb Castor's property with respect to real properties located at 17 Georgeff Road (Lot 28-GF) and 19 Georgeff Road (Lot 27-GF), requesting a Certificate of Compliance for a Lot Line Adjustment to move the common side lot lines dividing Lot 28-GF (17 Georgeff) and Lot 27-GF (19 Georgeff), where a portion of westerly Lot 27-GF will be transferred to Lot 28-GF, and where the resulting Lot at 19 Gerogeff Road (Lot 27-GF) would require a Variance approval for less than the minimum required lot size, for less than the minimum lot frontage along the street and to encroach with the existing residence into the new side yard setback. Said Variance requests were approved by the City by Resolution No. 2008-12, which shall be recorded in the County's Recorder's office as a separate instrument. 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 duly noticed public hearings to consider the application at a regular meeting on April 15, May 13, and at a field trip visit on May 13, 2008. 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: RESOLUTION NO. 2008-11 1 LLAdj. • • A. Section 16.16.010(A) of the Rolling Hills Subdivision Ordinance and Section 17.16.060(B) 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 43,560 square feet (1.0 acres). The proposed lot line adjustment will result in Lot 27 GF being 1.063 acres gross and 0.810 acres net, as measured by the City. Lot 28 GF will result in being 1.143 acres gross and 0.847 acres net as measured by the City Both lots are less than the required one -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. 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 proposal meets that condition. C. Section 16.20.230 of the Rolling Hills Subdivision Ordinance requires that easements, the width of which is 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 20-foot easements along the new property line on lot 28-GF and no easement along the new property line on lot 27-GF, as approved by the Rolling Hills Community Association, and will be recorded concurrently with the Certificate of Compliance for lot line adjustment. D. 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 Ordinance to any future development of Lot 27-GF and Lot 28-GF. Section 6. In accordance with the foregoing findings, a Conditional Certificate of Compliance for lot line adjustment sought in Zoning Case No. 756 as indicated on the map attached hereto as Exhibit "A" 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. The lot line adjustment shall not in any way constitute any representation that the adjusted lots can be developed 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. C. 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, 1988) to Lot 27 GF and Lot 28 GF at such time as an application is made for development. RESOLUTION NO. 2008-11 LLAdj. 0) D. 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, is prepared and approved by the City. Upon the City's approval of the legal descriptions of the new adjusted lines, trails and easements, 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. E. 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. F. 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 JUNE 2008. t'y ROGER SOMMER, CHAIRMAN ATTEST: mil:: •1 —1' .1),._, MARILYN KERN, DEPUTY CITY CLERK RESOLUTION NO. 2008-11 3 (J LLAdj. • • SLATE OF CALIFORNIA COUNTY OF LOS ANGELES ) § CITY OF ROLLING HILLS) I certify that the foregoing Resolution No. 2008-11 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS AUTHORIZING THE ISSUANCE OF A CONDITIONAL CERTIFICATE OF COMPLIANCE FOR A LOT LINE ADJUSTMENT BETWEEN TWO PROPERTIES, HAVING ASSESSORS PARCEL NUMBERS (APN) 7567-15-09 AND 7567-15-10 AT 17 AND 19 GEORGEFF ROAD LOTS 27-GF AND 28-GF, IN ZONING CASE NO. 756, (YU). was approved and adopted at a regular meeting of the Planning Commission on June 17, 2008 by the following roll call vote: AYES: Commissioners Smith, Witte and Chairman Sommer. NOES: None. ABSENT: Commissioner DeRoy. ABSTAIN: Vice Chairman Henke. and in compliance with the laws of California was posted at the following: Administrative Offices DEIki Y CITY CLE1 K RESOLUTION NO.2008-11 4 (is LLAdj.✓ • • RESOLUTION NO. 2008-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF VARIANCES FOR REDUCED LOT SIZE AND STREET FRONTAGE OF A LOT, AND TO ENCROACH WITH THE EXISTING RESIDENCE INTO THE SIDE YARD SETBACK, WHICH RESULTED FROM A LOT LINE ADJUSTMENT BETWEEN 17 AND 19 GEORGEFF ROAD, AT 19 GEORGEFF ROAD, LOT 27-GF IN ZONING CASE NO. 756, (CASTOR). 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 Mrs. Cc Yu on behalf of her property and on behalf of Mr. Webb Castor's property with respect to real properties located at 17 Georgeff Road (Lot 28-GF) and 19 Georgeff Road (Lot 27- GF), requesting a Certificate of Compliance for a Lot Line Adjustment to move the common side lot lines dividing Lot 28-GF (17 Georgeff) and Lot 27-GF (19 Georgeff), where a portion of westerly Lot 27-GF will be transferred to Lot 28-GF, and where the resulting Lot at 19 Gerogeff Road (Lot 27-GF) would require a Variance approval for less than the minimum required lot size, for less than the minimum lot frontage along the roadway easement line and to encroach with the existing residence into the new side yard setback. Said Lot Line Adjustment request was approved by the City by Resolution No. 2008-11, which shall be recorded in the County's Recorder's office as a separate instrument. Section 2. The Planning Commission conducted duly noticed public hearings to consider the applications on April 15 and May 13, 2008 and at a field trip on May 13, 2008. The applicants were notified of the public hearings in writing by first class mail. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. The applicants were in attendance at the hearings. Section 3. The Planning Commission finds that the project qualifies as Class 3 and 5 Exemptions (The State of CA Guidelines, Section 15303 and 15305) and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 4. Section 17.16.110 of the Municipal Code requires that side yard setback in the RAS-1 zoning district be twenty feet (20) from the side property line. Sections 17.38.010 through 17.38.050 permit approval of a Variance from the standards and requirements of the Zoning Code when exceptional or extraordinary circumstances applicable to the property and not applicable to other similar properties in the same zone prevent the owner from making use of a parcel of property to the same extent enjoyed by similar properties in the same vicinity. The applicant is requesting permission to allow up to 8.2 feet • • encroachment of the existing residence into the side yard setback. With respect to this request for a Variance, the Planning Commission finds as follows: A. There are exceptional and extraordinary circumstances and conditions applicable to the property that do not apply generally to the other property or class of use in the same zone. This application arises from a dispute over the property line between 17 and 19 Georgeff Road. The proposed resolution of this dispute resulted in the application for the lot line adjustment accompanying this variance application. The disputed property line creates exceptional circumstances that affect existing structures and the variance addresses these exceptional circumstances. Prior to the lot line adjustment the residence was located 23.7 feet from the side property line. The subject property owner agreed to the lot line adjustment. B. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, but which is denied to the property in question. Strict application of the Zoning Ordinance would deprive the property owner of the right and benefits enjoyed by similarly situated properties in the same vicinity and zone. The encroachment permits the use of the lot to the extent allowed for other properties in the vicinity. Due to the configuration of the lot, topography and the location of the existing residence, the Variance request necessitated as a result of a dispute over the property line, which resulted in a Lot Line Adjustment. No new construction is proposed for this lot. Any new construction would require review by the City Planning Commission and the City Council. C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. With the lot line adjustment, the two lots will remain looking same as presently. Subject lot will not have a side easement, and the other lot involved in the lot line adjustment is required to retain a 20-foot easement, the same as a side yard setback requirement, and therefore no construction will be permitted within the areas of setbacks on both properties. Other than new delineations of the property lines, no other changes are proposed. Section 5. Section 17.16.060 of the Municipal Code requires that every lot in the RAS-1 zone contain 43,560 square feet (net), and that the lot frontage along the street easement line be no less than 150 feet. Sections 17.38.010 through 17.38.050 permit approval of a Variance from the standards and requirements of the Zoning Code when exceptional or extraordinary circumstances applicable to the property and not applicable to other similar properties in the same zone prevent the owner from making use of a parcel of property to the same extent enjoyed by similar properties in the same vicinity. The applicant is requesting Variances, conditions for which resulted from a Lot Line Adjustment, to allow subject lot to be 35,287 square feet net, which is less than the 43,560 square feet required and that has lot frontage along the roadway easement line of 95 feet (prior to adjustment- 105 feet). With respect to this request for a Variance, the Planning Commission finds as follows: • • A. There are exceptional and extraordinary circumstances and conditions applicable to the property that do not apply generally to the other property or class of use in the same zone. The lot size and configuration already do not meet the requirement for one acre lot size and 150 feet width along roadway easement. Before -the lot line adjustment, the lot contained 37,831 square feet and was 105 feet wide at the roadway easement. As a result of the lot line adjustment the property would become smaller. The request for a lot line adjustment resulted from a property line dispute between the subject property and the adjacent lot, and in order to avoid litigation, the subject property owner agreed to the lot line adjustment. B. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, but which is denied to the property in question. Strict application of the Zoning Ordinance would deprive the property owner of the right and benefits enjoyed by similarly situated properties in the same vicinity and zone. Due to the configuration of the lot, topography and the existing nonconforming conditions on the lot, the Variance request necessitated as a result of a dispute over the property line, which resulted in a lot line adjustment. Because no development is proposed on subject lot, there will be no visual impact on the already nonconforming lot. C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. No development is proposed for the lot. The nonconforming nature of the lot will remain and will have no impact on properties in the vicinity. Section 6. Based upon the foregoing findings, the Planning Commission hereby approves the Variances in Zoning Case No. 756, relative to 19 Georgeff Road, subject to the following conditions: A. This permit and rights conferred in this approval shall not be effective until the property owner signs and returns the Acceptance of Conditions Affidavit accepting the conditions set forth herein. The applicant shall file this form with the City within 10 days of this decision. B. It is declared and made a condition of this approval that if any conditions thereof are violated, this approval shall be suspended and the privileges granted thereunder shall lapse; provided that the applicant has been given written notice to cease such violation, the opportunity for a hearing has been provided, and if requested, has been held, and thereafter the applicant fails to correct the violation within a period of thirty (30) days from the date of the City's determination. C. This resolution shall be attached to the revised property deed and legal descriptions which shall be submitted to the City - for review prior to recordation of revised property deeds. This approval shall be null and void if the CD1 • • lot line adjustment request is not recorded, subject to the subdivision act requirements, as stipulated in Resolution No. 2008-11 of the City of Rolling Hills. In the event the revised property deeds and legal descriptions conflict with any condition of approval, the condition shall take precedence. D. Any modification to the property, which would constitute grading or structural development, shall require the filing of an application for approval by the Planning Commission. E. The property owners, and their successors in interest, shall indemnify and defend the City of Rolling Hills and its officers, employees and agents from and against all liability and costs relating to the City's actions concerning this project, including (without limitation) any award of litigation expenses in favor of any person or entity who seeks to challenge the validity of any of the City's actions or decisions in connection with this project. The City shall have the sole right to choose its counsel and property owners shall reimburse the City's expenses incurred in its defense of any lawsuit challenging the City's actions concerning this project. PASSED, APPROVED AND ADOPTED THIS 17th DAY OF JUNE 2008. ROGEROI\IMER, CHAIRMAN ATTEST: IL_ , / MARILYN KERN, DEPUTY 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. • • STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS) I certify that the foregoing Resolution No. 2008-12 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF VARIANCES FOR REDUCED LOT SIZE AND STREET FRONTAGE OF A LOT, AND TO ENCROACH WITH THE EXISTING RESIDENCE INTO THE SIDE YARD SETBACK, WHICH RESULTED FROM A LOT LINE ADJUSTMENT BETWEEN 17 AND 19 GEORGEFF ROAD, AT 19 GEORGEFF ROAD, LOT 27-GF IN ZONING CASE NO. 756, (CASTOR). was approved and adopted at a regular meeting of the Planning Commission on June 17th, 2008 by the following roll call vote: AYES: Commissioners Smith, Witte and Chairman Sommer. NOES: None. ABSENT: Commissioner DeRoy. ABSTAIN: Vice Chairman Henke. and in compliance with the laws of California was posted at the following: Administrative Offices. DEPUTY CITY CLERK 4 DATE: TO: FROM: • Cit ol/Qo/4n J/g/tj INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377.7288 JUNE 17, 2008 HONORABLE MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANTS: PUBLISHED: ZONING CASE NO. 756 19 and 17 GEORGEFF ROAD (LOT 27-GF, PARCEL 1 AND LOT 28-GF, PARCEL 2 RAS-1, 1.12 ACRES, 1.08 ACRES, (GROSS AREA) RESPECTIVELY MR. AND MRS. T K YU APRIL 5, 2008 REQUEST AND RECOMMENDATION Request for a Certificate of Compliance for Lot Line Adjustment between two parcels of land for properties at 17 and 19 Georgeff Road, Rolling Hills, CA, and having Assessors Parcel Numbers (APN) 7567-15-09 and 7567-15-10; and request for Variances for 19 Georgeff Road to further decrease the nonconforming lot size and width of the lot at street frontage and to encroach with the existing residence into the side yard setback. The request is to be implemented by Mr. and Mrs. T K Yu. No new development is proposed with this application. It is recommended that the Planning Commission review the draft Resolutions and adopt Resolutions Nos. 2008-11 and 2008-12. BACKGROUND 1. At the May 13, 2008 Planning Commission meeting the Commission directed staff to prepare a Resolution approving the proposed project. The vote was 3-2. Commissioners Henke and Smith were absent and excused. 2. Staff prepared two resolutions. Resolution 2008-11 addresses the Lot Line Adjustment request and Resolution No. 2008-12 addresses the Variances requested for 19 Georgeff Road. 0 Printed on Recycled Paper • RESOLUTION NO. 2008-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS AUTHORIZING THE ISSUANCE OF A CONDITIONAL CERTIFICATE OF COMPLIANCE FOR A LOT LINE ADJUSTMENT BETWEEN TWO PROPERTIES, HAVING ASSESSORS PARCEL NUMBERS (APN) 7567-15-09 AND 7567-15-10 AT 17 AND 19 GEORGEFF ROAD LOTS 27-GF AND 28-GF, IN ZONING CASE NO. 756, (YU). 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 Mrs. Cc Yu on behalf of her property and on behalf of Mr. Webb Castor's property with respect to real properties located at 17 Georgeff Road (Lot 28-GF) and 19 Georgeff Road (Lot 27-GF), requesting a Certificate of Compliance for a Lot Line Adjustment to move the common side lot lines dividing Lot 28-GF (17 Georgeff) and Lot 27-GF (19 Georgeff), where a portion of westerly Lot 27-GF will be transferred to Lot 28-GF, and where the resulting Lot at 19 Gerogeff Road (Lot 27-GF) would require a Variance approval for less than the minimum required lot size, for less than the minimum lot frontage along the street and to encroach with the existing residence into the new side yard setback. Said Variance requests were approved by the City by Resolution No. 2008-12, which shall be recorded in the County's Recorder's office as a separate instrument. 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 duly noticed public hearings to consider the application at a regular meeting on April 15, May 13, and at a field trip visit on May 13, 2008. 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: RESOLUTION NO. 2008-11 LLAdj. cD • • A. Section 16.16.010(A) of the Rolling Hills Subdivision Ordinance and Section 17.16.060(B) 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 43,560 square feet (1.0 acres). The proposed lot line adjustment will result in Lot 27 GF being 1.063 acres gross and 0.810 acres net, as measured by the City. Lot 28 GF will result in being 1.143 acres gross and 0.847 acres net as measured by the City Both lots are less than the required one -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. 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 proposal meets that condition. C. Section 16.20.230 of the Rolling Hills Subdivision Ordinance requires that easements, the width of which is 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 20-foot easements along the new property line on lot 28-GF and no easement along the new property line on lot 27-GF, as approved by the Rolling Hills Community Association, and will be recorded concurrently with the Certificate of Compliance for lot line adjustment. D. 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 Ordinance to any future development of Lot 27-GF and Lot 28-GF. Section 6. In accordance with the foregoing findings, a Conditional Certificate of Compliance for lot line adjustment sought in Zoning Case No. 756 as indicated on the map attached hereto as Exhibit "A" 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. The lot line adjustment shall not in any way constitute any representation that the adjusted lots can be developed 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. C. 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, 1988) to Lot 27 GF and Lot 28 GF at such time as an application is made for development. RESOLUTION NO. 2008-11 LLAdj. • • D. The Certificate of Lot Line Adjustrnent shall not be issued until a legal description complying with the delineation of adjustment, and including the required easements and trails, if any, is prepared and approved by the City. Upon the City's approval of the legal descriptions of the new adjusted lines, trails and easements, 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. E. 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. F. 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 JUNE 2008. ROGER SOMMER, CHAIRMAN ATTEST: MARILYN KERN, DEPUTY CITY CLERK RESOLUTION NO. 2008-11 LLAdj. STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS) I certify that the foregoing Resolution No. 2008-11 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS AUTHORIZING THE ISSUANCE OF A CONDITIONAL CERTIFICATE OF COMPLIANCE FOR A LOT LINE ADJUSTMENT BETWEEN TWO PROPERTIES, HAVING ASSESSORS PARCEL NUMBERS (APN) 7567-15-09 AND 7567-15-10 AT 17 AND 19 GEORGEFF ROAD LOTS 27-GF AND 28-GF, IN ZONING CASE NO. 756, (YU). was approved and adopted at a regular meeting of the Planning Commission on June 17, 2008 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices DEPUTY CITY CLERK RESOLUTION NO. 2008-11 LLAdj. RESOLUTION NO. 2008-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF VARIANCES FOR REDUCED LOT SIZE AND STREET FRONTAGE OF A LOT, AND TO ENCROACH WITH THE EXISTING RESIDENCE INTO THE SIDE YARD SETBACK, WHICH RESULTED FROM A LOT LINE ADJUSTMENT BETWEEN 17 AND 19 GEORGEFF ROAD, AT 19 GEORGEFF ROAD, LOT 27-GF IN ZONING CASE NO. 756, (CASTOR). 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 Mrs. Cc Yu on behalf of her property and on behalf of Mr. Webb Castor's property with respect to real properties located at 17 Georgeff Road (Lot 28-GF) and 19 Georgeff Road (Lot 27- GF), requesting a Certificate of Compliance for a Lot Line Adjustment to move the common side lot lines dividing Lot 28-GF (17 Georgeff) and Lot 27-GF (19 Georgeff), where a portion of westerly Lot 27-GF will be transferred to Lot 28-GF, and where the resulting Lot at 19 Gerogeff Road (Lot 27-GF) would require a Variance approval for less than the minimum required lot size, for less than the minimum lot frontage along the roadway easement line and to encroach with the existing residence into the new side yard setback. Said Lot Line Adjustment request was approved by the City by Resolution No. 2008-11, which shall be recorded in the County's Recorder's office as a separate instrument. Section 2. The Planning Commission conducted duly noticed public hearings to consider the applications on April 15 and May 13, 2008 and at a field trip on May 13, 2008. The applicants were notified of the public hearings in writing by first class mail. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. The applicants were in attendance at the hearings. Section 3. The Planning Commission finds that the project qualifies as Class 3 and 5 Exemptions (The State of CA Guidelines, Section 15303 and 15305) and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 4. Section 17.16.110 of the Municipal Code requires that side yard setback in the RAS-1 zoning district be twenty feet (20) from the side property line. Sections 17.38.010 through 17.38.050 permit approval of a Variance from the standards and requirements of the Zoning Code when exceptional or extraordinary circumstances applicable to the property and not applicable to other similar properties in the same zone prevent the owner from making use of a parcel of property to the same extent enjoyed by similar properties in the same vicinity. The applicant is requesting permission to allow up to 8.2 feet • • encroachment of the existing residence into the side yard setback. With respect to this request for a Variance, the Planning Commission finds as follows: A. There are exceptional and extraordinary circumstances and conditions applicable to the property that do not apply generally to the other property or class of use in the same zone. This application arises from a dispute over the property line between 17 and 19 Georgeff Road. The proposed resolution of this dispute resulted in the application for the lot line adjustment accompanying this variance application. The disputed property line creates exceptional circumstances that affect existing structures and the variance addresses these exceptional circumstances. Prior to the lot line adjustment the residence was located 23.7 feet from the side property line. The subject property owner agreed to the lot line adjustment. B. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, but which is denied to the property in question. Strict application of the Zoning Ordinance would deprive the property owner of the right and benefits enjoyed by similarly situated properties in the same vicinity and zone. The encroachment permits the use of the lot to the extent allowed for other properties in the vicinity. Due to the configuration of the lot, topography and the location of the existing residence, the Variance request necessitated as a result of a dispute over the property line, which resulted in a Lot Line Adjustment. No new construction is proposed for this lot. Any new construction would require review by the City Planning Commission and the City Council. C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. With the lot line adjustment, the two lots will remain looking same as presently. Subject lot will not have a side easement, and the other lot involved in the lot line adjustment is required to retain a 20-foot easement, the same as a side yard setback requirement, and therefore no construction will be permitted within the areas of setbacks on both properties. Other than new delineations of the property lines, no other changes are proposed. Section 5. Section 17.16.060 of the Municipal Code requires that every lot in the RAS-1 zone contain 43,560 square feet (net), and that the lot frontage along the street easement line be no less than 150 feet. Sections 17.38.010 through 17.38.050 permit approval of a Variance from the standards and requirements of the Zoning Code when exceptional or extraordinary circumstances applicable to the property and not applicable to other similar properties in the same zone prevent the owner from making use of a parcel of property to the same extent enjoyed by similar properties in the same vicinity. The applicant is requesting Variances, conditions for which resulted from a Lot Line Adjustment, to allow subject lot to be 35,287 square feet net, which is less than the 43,560 square feet required and that has lot frontage along the roadway easement line of 95 feet (prior to adjustment- 105 feet). With respect to this request for a Variance, the Planning Commission finds as follows: • • A. There are exceptional and extraordinary circumstances and conditions applicable to the property that do not apply generally to the other property or class of use in the same zone. The lot size and configuration already do not meet the requirement for one acre lot size and 150 feet width along roadway easement. Before the lot line adjustment, the lot contained 37,831 square feet and was 105 feet wide at the roadway easement. As a result of the lot line adjustment the property would become smaller. The request for a lot line adjustment resulted from a property line dispute between the subject property and the adjacent lot, and in order to avoid litigation, the subject property owner agreed to the lot line adjustment. B. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, but which is denied to the property in question. Strict application of the Zoning Ordinance would deprive the property owner of the right and benefits enjoyed by similarly situated properties in the same vicinity and zone. Due to the configuration of the lot, topography and the existing nonconforming conditions on the lot, the Variance request necessitated as a result of a dispute over the property line, which resulted in a lot line adjustment. Because no development is proposed on subject lot, there will be no visual impact on the already nonconforming lot. C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. No development is proposed for the lot. The nonconforming nature of the lot will remain and will have no impact on properties in the vicinity. Section 6. Based upon the foregoing findings, the Planning Commission hereby approves the Variances in Zoning Case No. 756, relative to 19 Georgeff Road, subject to the following conditions: A. This permit and rights conferred in this approval shall not be effective until the property owner signs and returns the Acceptance of Conditions Affidavit accepting the conditions set forth herein. The applicant shall file this form with the City within 10 days of this decision. B. It is declared and made a condition of this approval that if any conditions thereof are violated, this approval shall be suspended and the privileges granted thereunder shall lapse; provided that the applicant has been given written notice to cease such violation, the opportunity for a hearing has been provided, and if requested, has been held, and thereafter the applicant fails to correct the violation within a period of thirty (30) days from the date of the City's determination. C. This resolution shall be attached to the revised property deed and legal descriptions which shall be submitted to the City for review prior to recordation of revised property deeds. This approval shall be null and void if the lJ • • lot line adjustment request is not recorded, subject to the subdivision act requirements, as stipulated in Resolution No. 2008-11 of the City of Rolling Hills. In the event the revised property deeds and legal descriptions conflict with any condition of approval, the condition shall take precedence. D. Any modification to the property, which would constitute grading or structural development, shall require the filing of an application for approval by the Planning Commission. E. The property owners, and their successors in interest, shall indemnify and defend the City of Rolling Hills and its officers, employees and agents from and against all liability and costs relating to the City's actions concerning this project, including (without limitation) any award of litigation expenses in favor of any person or entity who seeks to challenge the validity of any of the City's actions or decisions in connection with this project. The City shall have the sole right to choose its counsel and property owners shall reimburse the City's expenses incurred in its defense of any lawsuit challenging the City's actions concerning this project. PASSED, APPROVED AND ADOPTED THIS 17th DAY OF JUNE 2008. ROGER SOMMER, CHAIRMAN ATTEST: MARILYN KERN, DEPUTY 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. STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS) §§ I certify that the foregoing Resolution No. 2008-12 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING APPROVAL OF VARIANCES FOR REDUCED LOT SIZE AND STREET FRONTAGE OF A LOT, AND TO ENCROACH WITH THE EXISTING RESIDENCE INTO THE SIDE YARD SETBACK, WHICH RESULTED FROM A LOT LINE ADJUSTMENT BETWEEN 17 AND 19 GEORGEFF ROAD, AT 19 GEORGEFF ROAD, LOT 27-GF IN ZONING CASE NO. 756, (CASTOR). was approved and adopted at a regular meeting of the Planning Commission on June 17th, 2008 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices. DEPUTY CITY CLERK • May 31, 2008 Yolanta Schwartz City of Rolling Hills No. 2 Portuguese Bend Road Rolling Hills, CA 90274 W. W. Castor, Ph.D. 19 Georgeff Road Rolling Hills, CA 90274 JUN 0 2. 2008 CITY OF ROLLING HILLS By Subject: Zoning Case No. 756. Request for a lot line adjustment and variances. Dear Yolanta: I will be unable to attend the meeting on June 17 regarding the lot line adjustment and variances between the properties of Mr. and Mrs. T. K. Yu and myself due to travel commitments. The Yus and myself have been working on this through our lawyers for almost three years. We feel it is an appropriate and agreeable solution to our concerns. I appreciate the Commission's positive vote on this project, and I regret that I will not be able to attend the meeting. Sincerely, f ii)/( Webb Castor C: Mrs. CC Yu Timothy and Cc Yu 17 Georgeff Road Rolling Hills, CA 90274 June 10, 2008 By ,MIRMVIIKO SUN 11 2008 CITY OF ROLLING HILLS Yolanta Schwartz City of Rolling Hills No. 2 Portuguese Bend Road Rolling Hills, CA 90274 Subject: Zoning Case No. 756. Request for a lot line adjustment and variances. Dear Yolanta: As I mentioned to you earlier, we would not be able to attend the upcoming Rolling Hills Board meeting on June 17 due to prior travel commitment. The lot line adjustment will result in one ownership of a piece of land, the maintenance of which is crucial to the integrity of the slope. Part of the slope collapsed during the 2005 rainy season. With the lot line adjustment, the maintenance of the slope integrity can be ensured. I would like to thank the Board of Directors for considering the case and coming to the field trip. If there is any question in regard to this case during the meeting, please do not hesitate to call my mobile phone at 310-418-0306. Sincerely, Timothy and C Yu C'Ey o� R0ftL Jh/io DATE: MAY 13, 2008 TO: HONORABLE MEMBERS OF THE PLANNING COMMISSION FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR INCORPORATED JANUARY 24, 1957 APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANTS: PUBLISHED: NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com ZONING CASE NO. 756 19 and 17 GEORGEFF ROAD (LOT 27-GF, PARCEL 1 AND LOT 28-GF, PARCEL 2 RAS-1, 1.12 ACRES, 1.08 ACRES, (GROSS AREA) RESPECTIVELY MR. AND MRS. T K YU APRIL 5, 2008 REQUEST AND RECOMMENDATION Request for a Certificate of Compliance for Lot Line Adjustment between two parcels of land for properties at 17 and 19 Georgeff Road, Rolling Hills, CA, and having Assessors Parcel Numbers (APN) 7567-15-09 and 7567-15-10; and request for Variances for 19 Georgeff Road for less than the required lot size and lot width at the street frontage and to encroach with the existing residence into the side yard setback. The request is to be implemented by Mr. and Mrs. T K Yu. No new development is proposed with this application. It is recommended that the Planning Commission, after reviewing the project in the field earlier today, open the continued public hearing, take testimony and provide direction to staff. BACKGROUND 1. The applicants, Mr. and Mrs. Yu request an adjustment of lot lines between two lots, known as 17 and 19 Georgeff Road (19 Georgeff is shown as parcel No. 1 and 17 Georgeff as parcel No. 2 on the plot plan). No new lots are being created and no new development is currently being proposed. Mr. and Mrs. Yu reside at 17 Georgeff Road. With the proposed adjustment 2,539 square feet of Parcel 1, (19 Georgeff) would be deeded to Parcel 2, (17 Georgeff). 2. In the past, the applicants constructed certain improvements on the adjacent property consisting of a drainage swale, fire pit, pathways, landscaping ZC NO. 756 Lot Line Adj. 1 Printed on Recycled Paper. and decorative stairs. They have also repaired and replaced a retaining wall that according to the applicants was in danger of falling over and a paddock area in danger of subsidence. The applicants made these improvements thinking that that portion of the lot was part of their property and they were concerned about the lot subsiding and lack of drainage in the area. These improvements were also located in the easements on both properties and would have required RHCA approval. 3. The repairs and encroachment resulted in a property line dispute between the property owners. The property owners attempted to reach an agreement, where the Yu's would have the use of the area with the improvements. Mr. Castor (19 Georgeff Road), asked that all of the improvements be removed. In addition the encroachments needed to be approved by the RHCA. The Yu's removed the encroachments, except for the drainage swale, which was installed for the benefit of both properties. 4. The property owners could not reach an agreement on the use of the property by the Yu's and engaged attorneys. The case was ready to go to trial, when an agreement was reached whereas Mr. Castor agreed to deed a portion of his property to Mr. and Mrs. Yu, for certain consideration. The agreement calls for moving the Yus existing property line, between 10 to 12 feet east, to the middle of the swale on Mr. Castor's lot and then turning the new property line around some of the previous improvements. The agreement is subject to the City and RHCA approving the proposed adjustment. Enclosed is a letter from Mr. Castor's attorney, urging the Planning Commission to approve the proposed lot line adjustment. 5. The applicants submitted an application to the RHCA for relocation of the easements and lot lines. The RHCA Board is considering their request. DISCUSSION 6. The net lot area of both properties, as calculated by the City for development purposes is less than the minimum required of one acre, therefore both lots are legal nonconforming. The lot at 19 Georgeff currently is 105 feet wide at the roadway easement line, therefore less wide than is required (required-150 feet along the roadway easement and along all points of the lot). With the lot line adjustment, both the size of this lot and the width would be further reduced. Therefore, the applicants request a Variance from the required size and width of parcels for Parcel 1. ZC NO. 756 Lot Line Adj. 2 7. The sizes of the parcels are shown below: 19 GEORGEFF ROAD Gross lot area with roadway easement Net lot area without roadway easement Net lot area as required by City EXISTING Castor PARCEL 1 48,855 sq.ft. (1.121 acres) 46,438 sq.ft. (1.066 acres) 37,831 sq.ft. (0.868 acres) PROPO SED Castor PARCEL 1 46,316 sq.ft. (1.063 acres) 44,150 sq.ft. (1.013 acres) 35,287 sq.ft. (0.810 acres) The net lot area for development purposes on this lot will be decreased by 2,544 square feet. 17 GEORGEFF ROAD Gross lot area with roadway easement Net lot area without roadway easement Net lot area as required by City EXISTING Yu PARCEL 2 47,265 sq.ft. (1.085 acres) 43,655 sq.ft. (1.002 acres) 35,084 sq.ft. (0.805 acres) PROPOSED Yu PARCEL 2 49,804 sq.ft. (1.143 acres). 45,953 sq.ft. (1.055 acres) 36,913 sq.ft. (0.847 acres) The net lot area for development purposes on this lot will increase by 1,829 square feet. 8. Currently the northern most portion of the residence on 17 Georgeff encroaches up to 11.2 feet into the side yard setback. The northern most portion of the residence at 19 Georgeff Road is located 23.7 feet from the side property line. With the lot line adjustment, the residence at 17 Georgeff will become conforming and will be located 20.3' from the new property line and the residence at 19 Georgeff Road will encroach 8.2 feet into the newly created side setback. A Variance to encroach into the side yard setback at 19 Georgeff is also being sought with this application. 9. Other than creating an encroachment into the set back at 19 Georgeff Road, the new lot sizes will not cause the development standards to become nonconforming. The existing and proposed coverages on the lots would be as follows: ZC NO. 756 Lot Line Adj. 3 CRITERIA Structural coverage Total coverage Residence - Building pad coverage Stable Disturbance 17 GEORGEFF ROAD EXISTING 6,736 sq.ft. 19.2% 11,161 sq.ft. 31.8% 56.8% of existing 11,061 sq.ft. pad 27% 30.5% PROPOSED 6,736 sq.ft. 18.2% 11,161 sq.ft. 30.2% 56.8% Existing 11,061 sq.ft. pad 27% 28.9% 19 GEORGEFF ROAD EXISTING PROPOSED 5,305 sq.ft. 5,305 sq.ft. 14.0% 15.0% 10,337 sq.ft. 10,337 sq.ft. 27.3% 29.3% 53.6% of 53.6% of existing 9,887 existing 9,887 sq.ft. pad sq.ft. pad 45% -future 45%-future 31.0% 32.1% 10. Pursuant to the Subdivision Map Act, the Planning Commission may not impose conditions or exactions on its approval of a lot line adjustment except to conform to local zoning and building ordinances. Section 17.16.060 (A)(1) Lot Size: Each of the two lots currently do not meet the one acre, (43,560 sq.ft.), net lot area requirement in the RAS-1 zone. The proposed lot line adjustment will cause Parcel 2 to be even smaller (by 2,544 s.f.) and Parcel 1, will be larger (by 1,829 s.f.), but still not one acre net. Section 17.16.060(B) Minimum Dimensions.. The existing parcels are regular in shape. However, with the lot line adjustment the parcels will be irregular with a jog in the middle of the lots. Parcel 2, (17 Georgeff) currently meets the requirement for width of the lot at the frontage of the property along the roadway easement and is 150 feet. With the lot line adjustment the width at the roadway easement will be 160 feet. Parcel 1, (19 Georgeff), currently does not meet the 150 foot width requirement at the roadway easement, which is 105 feet. With the lot line adjustment the width of the lot along the roadway easement will be 95 feet. A Variance from this requirement is being requested with this application. 11. In response to justification for the Variances, the applicants state in part that the adjustment of the lot line to the swale makes topographic sense, and would result in the property owners at 17 Georgeff owning a piece of land in dispute, thereby giving them the complete responsibility to maintain the integrity of the entire hillside, which previously subsided and was repaired by the applicants. The applicants also state that the lot line adjustment is insignificant in that the lots are already less than the required one -acre in size, and the width of 19 Georgeff Road is also under the width requirement. The lot is narrower than the required 150 feet at the roadway easement, however it is much wider than 150 feet going away from the roadway easement. At the rear of the lot the lot is 215.5 ZC NO. 756 Lot Line Adj. 4 • feet wide. The applicants state that there would be no physical change to the lots. There is no new construction proposed and the structures on both lots would remain as they are now. Visually there will be no difference in the lot configurations. 12. The Los Angeles County Land Development Division, under a contract with the City, will review the legal descriptions of the newly configured lots, and the Association will verify the legal descriptions for the new easements within those lots. Once the lot line adjustment is approved and the legal descriptions for the adjusted lots verified, staff will prepare the appropriate documents for recordation of the newly configured lots. 13. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). CONCLUSION 14. The lot line adjustment is desirous by the applicants and has been agreed to by the adjacent property owner. The resulting lots would be irregular in shape, in that they would have several sharp turns at right angles towards the rear of the properties. There are many properties in the City that are irregular in shape, however, usually, the irregularity is common to the entire lot or to an entire side. 15. The lots are currently substandard, (less than one acre net lot area), and the lot line adjustment would further reduce the size of one of the lots and, although the second lot would increase in size, it would still be less than one acre net. Section 17.16.060 4 of the Zoning Ordinance states that lots which are smaller than required and which were created prior to City requirement of one and two acres net lot areas, shall be considered to have the required area. Therefore, the existing lots could be developed as if they had the required size. A Variance is required, when one creates a lesser than exiting nonconforming lot. 16. The width of one of the lots along the roadway easement is currently substandard. There are many lots in the City that have less than the required 150 feet frontage. However, the lot line adjustment would further reduce the width of that lot. 17. The proposed lot line adjustment, if approved, would be subject to the final determination and conditions by the RHCA and review of the legal descriptions by the County of Los Angeles. ZC NO. 756 Lot Line Adj. 5 50TH ANNIVERSARY 1957 - 2007 DATE: TO: FROM: • C1t 0/Polling JJ;fe • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 APRIL 15, 2008 HONORABLE MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANTS: PUBLISHED: ZONING CASE NO. 756 19 and 17 GEORGEFF ROAD (LOT 27-GF, PARCEL 1 AND LOT 28-GF, PARCEL 2 RAS-1, 1.12 ACRES, 1.08 ACRES, (GROSS AREA) RESPECTIVELY MR. AND MRS. T K YU APRIL 5, 2008 REOUEST AND RECOMMENDATION Request for a Certificate of Compliance for Lot Line Adjustment between two parcels of land for properties at 17 and 19 Georgeff Road, Rolling Hills, CA, and having Assessors Parcel Numbers (APN) 7567-15-09 and 7567-15-10; and request for Variances for 19 Georgeff Road to further decrease the nonconforming lot size and width of the lot at street frontage and to encroach with the existing residence into the side yard setback. The request is to be implemented by Mr. and Mrs. T K Yu. No new development is proposed with this application. It is recommended that the Planning Commission review the project, open the public hearing and schedule a field visit to the properties. BACKGROUND 1. The applicants, Mr. and Mrs. Yu request an adjustment of lot lines between two lots, known as 17 and 19 Georgeff Road (19 Georgeff is shown as parcel No. 1 and 17 Georgeff as parcel No. 2 on the plot plan). No new lots are being created and no new development is currently being proposed. Mr. and Mrs. Yu reside at 17 Georgeff Road. With the proposed adjustment 2,539 square feet of Parcel 1, (19 Georgeff) would be deeded to Parcel 2, (17 Georgeff). 2. In the past, the applicants constructed certain improvements on the adjacent property consisting of a drainage swale, fire pit, pathways, landscaping and decorative stairs. They have also repaired and replaced a retaining wall that ZC NO. 756 Lot Line Adj. Printed on Recycled Paper • 41 according to the applicants was in danger of falling over and a paddock area in danger of subsidence. The applicants made these improvements thinking that that portion of the lot was part of their property and they were concerned about the lot subsiding and lack of drainage in the area. These improvements were also located in the easements on both properties and would have required RHCA approval. 3. The repairs and encroachment resulted in a property line dispute between the property owners. The property owners attempted to reach an agreement, where the Yu's would have the use of the area with the improvements. Mr. Castor (19 Georgeff Road), asked that all of the improvements be removed. In addition the encroachments needed to be approved by the RHCA. The Yu's removed the encroachments, except for the drainage swale, which was installed for the benefit of both properties. 4. The property owners could not reach an agreement on the use of the property by the Yu's and engaged attorneys. The case was ready to go to trial, when an agreement was reached whereas Mr. Castor agreed to deed a portion of his property to Mr. and Mrs. Yu, for certain consideration. The agreement calls for moving the Yus existing property line, between 10 to 12 feet east, to the middle of the swale on Mr. Castor's lot and then bending the new property line around some of the previous improvements. The agreement is subject to the City and RHCA approving the proposed adjustment. Enclosed is a letter from Mr. Castor's attorney, urging the Planning Commission to approve the proposed lot line adjustment. 5. The applicants submitted an application to the RHCA for relocation of the easements and lot lines. The RHCA Board is considering their request. DISCUSSION 6. The net lot area of both properties, as calculated by the City for development purposes is less than the minimum required of one acre, therefore both lots are legal nonconforming. The lot at 19 Georgeff currently is 105 feet wide at the roadway easement line, therefore less wide than is required (150 feet along the roadway easement and along all points of the lot). With the lot line adjustment, both the size of this lot and the width would decrease. Therefore, the applicants request a Variance from the required size and width of parcels for Parcel 1. ZC NO.756 Lot Line Adj. 2 7. The sizes of the parcels are shown below: 19 GEORGEFF ROAD Gross lot area with roadway easement Net lot area without roadway easement Net lot area as required by City EXISTING Castor PARCEL 1 48,855 sq.ft. (1.121 acres) 46,438 sq.ft. (1.066 acres) 37,831 sq.ft. (0.868 acres) PROPOSED Castor PARCEL 1 46,316 sq.ft. (1.063 acres) 44,150 sq.ft. (1.013 acres) 35,287 sq.ft. (0.810 acres) The net lot area for development purposes on this lot will be decreased by 2,544 square feet. 17 GEORGEFF ROAD Gross lot area with roadway easement Net lot area without roadway easement Net lot area as required by City EXISTING Yu PARCEL 2 47,265 sq.ft. (1.085 acres) 43,655 sq.ft. (1.002 acres) 35,084 sq.ft. (0.805 acres) PROPOSED Yu PARCEL 2 49,804 sq.ft. (1.143 acres), 45,953 sq.ft. (1.055 acres) 36,913 sq.ft. (0.847 acres) The net lot area for development purposes on this lot will increase by 1,829 square feet. 8. Currently the northern most portion of the residence on 17 Georgeff encroaches up to 11.2 feet into the side yard setback. The northern most portion of the residence at 19 Georgeff Road is located 23.7 feet from the side property line. With the lot line adjustment, the residence at 17 Georgeff will become conforming and will be located 20.3' from the new property line and the residence at 19 Georgeff Road will encroach 8.2 feet into the newly created side setback. A Variance to encroach into the side yard setback at 19 Georgeff is also being sought with this application. 9. Other than creating an encroachment into the set back at 19 Georgeff Road, the new lot sizes will not cause the development standards to become nonconforming. The existing and proposed coverages on the lots would be as follows: ZC NO. 756 Lot Line Adj. 3 CRITERIA Structural coverage Total coverage Residence - Building pad coverage Stable Disturbance 17 GEORGEFF ROAD EXISTING 6,736 sq.ft. 19.2% 11,161 sq.ft. 31.8% 56.8% of existing 11,061 sq.ft. pad 27% 30.5% PROPOSED 6,736 sq.ft. 18.2% 11,161 sq.ft. 30.2% 56.8% Existing 11,061 sq.ft. pad 27% 28.9% 19 GEORGEFF ROAD EXISTING PROPOSED 5,305 sq.ft. 14.0% 10,337 sq.ft. 27.3% 53.6% of existing 9,887 sq.ft. pad 45% -future 31.0% 5,305 sq.ft. 15.0% 10,337 sq.ft. 29.3% 53.6% of existing 9,887 sq.ft. pad 45%-future 32.1% 10. Pursuant to the Subdivision Map Act, the Planning Commission may not impose conditions or exactions on its approval of a lot line adjustment except to conform to local zoning and building ordinances. Section 17.16.060 (A)(1) Lot Size: Each of the two lots currently do not meet the one acre, (43,560 sq.ft.), net lot area requirement in the RAS-1 zone. The proposed lot line adjustment will cause Parcel 2 to be even smaller (by 2,544 s.f.) and Parcel 1, will be larger (by 1,829 s.f.), but still not one acre net. Section 17.16.060(B) Minimum Dimensions.. The existing parcels are regular in shape. However, with the lot line adjustment the parcels will be irregular with a jog in the middle of the lots. Parcel 2, (17 Georgeff) currently meets the requirement for width of the lot at the frontage of the property along the roadway easement and is 150 feet. With the lot line adjustment the width at the roadway easement will be 160 feet. Parcel 1, (19 Georgeff), currently does not meet the 150 foot width requirement at the roadway easement, which is 105 feet. With the lot line adjustment the width of the lot along the roadway easement will be 95 feet. A Variance from this requirement is being requested with this application. 11. In response to justification for the Variances, the applicants state in part that the adjustment of the lot line to the swale makes topographic sense, and would result in the property owners at 17 Georgeff owning a piece of land in dispute, thereby giving them the complete responsibility to maintain the integrity of the entire hillside, which previously subsided and was repaired by the applicants. The applicants also state that the lot line adjustment is insignificant in that the lots are already less than the required one -acre in size, and the width of 19 Georgeff Road is also under the width requirement. The lot is narrower than the required 150 feet at the roadway easement, however it is much wider than 150 feet going away from the roadway easement. At the rear of the lot the lot is 215.5 feet wide. The applicants state that there would be no physical change to the ZC NO. 756 Lot Line Adj. 4 J ~ • • lots. There is no new construction proposed and the structures on both lots would remain as they are now. Visually there will be no difference in the lot configurations. 12. The Los Angeles County Land Development Division, under a contract with the City, will review the legal descriptions of the newly configured lots, and the Association will verify the legal descriptions for the new easements within those lots. Once the lot line adjustment is approved and the legal descriptions for the adjusted lots verified, staff will prepare the appropriate documents for recordation of the newly configured lots. 13. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). CONCLUSION 14. The lot line adjustment is desirous by the applicants and has been agreed to by the adjacent property owner. The resulting lots would be irregular in shape, in that they would have several sharp turns at right angles towards the rear of the properties. There are many properties in the City that are irregular in shape, however, usually, the irregularity is common to the entire lot or to an entire side. 15. The lots are currently substandard, (less than one acre net lot area), and the lot line adjustment would further reduce the size of one of the lots and, although the second lot would increase in size, it would still be less than one acre net. Section 17.16.060 4 of the Zoning Ordinance states that lots which are smaller than required and which were created prior to City requirement of one and two acres net lot areas, shall be considered to have the required area. Therefore, the existing lots could be developed as if they had the required size. A Variance is required, when one creates a lesser than exiting nonconforming lot. 16. The width of one of the lots along the roadway easement is currently substandard. There are many lots in the City that have less than the required 150 feet frontage. However, the lot line adjustment would further reduce the width of that lot. 17. The proposed lot line adjustment, if approved, would be subject to the RHCA approval of the lot line adjustment and any easements. ZC NO. 756 Lot Line Adj. 5 LARRY BOWMAN ROBERT B. SCHACHTER HITCHCOCK, BOWMAN SCHACHTER A PROFESSIONAL CORPORATION ATTORNEYS AT LAW SUITE 1030 DEL AMO FINANCIAL CENTER 21515 HAWTHORNE BOULEVARD TORRANCE, CALIFORNIA 90503-6579 (310) 540-2202 FAX (310) 540-8734 January 31, 2008 FEB 0 L Ug Ms. Yolanda Schwartz, Planning Director City of Rolling Hills Estates 2 Portuguese Bend Road Rolling Hills, California 90274 Ms. Kristen Raig Rolling Hills Community Association 1 Portuguese Bend Road Rolling Hills, California 90274 Re: Cecilia L. Yu et al. v. Wilbur W. Castor et al. Case No. YC054681 Dear Ms. Schwartz and Ms. Raig: DONALD J. HITCHCOCK (1922.1983) As you are aware, this office represents Webb Castor and Donna Castor with respect to the existing disputes with their neighbors, Cecilia Yu and Timothy Yu. Mr. Castor and Mrs. Castor own the property located at 19 Georgeff Road and the Yus own the property at 17 Georgeff Road, Rolling Hills, California. The matter was set for trial for January 29, 2008. Fortunately, the parties were able to reach a resolution. The resolution/settlement is subiect to certain actions being approved by the City of Rolling Hills and/or the Rolling Hills Community Associ ation. There is located on the Castors' property a concrete swale running parallel to the boundary line of the Yu -Castor property for a portion of the property. The area between the true boundary line and the concrete swale ranges in width, but it is generally ten feet (10') to twelve feet (12') in width for most of the area. • • Ms. Yolanda Schwartz, Planning Director City of Rolling Hills Estates Ms. Kristen Raig Rolling Hills Community Association January 31, 2008 Page 2 The parties have agreed that for certain consideration to be paid by the Yus to the Castors, the Castors will execute a deed to a portion of the Castors' property to the Yus. The portion of the property to be deeded will essentially be that strip between the true boundary line and the concrete swale running parallel with the Yu -Castor boundary line, but only for approximately one-half ('/2) of the length of the property (starting at the street [Georgeff Road] and extending approximately halfway down the hillside). Pursuant to the agreement, the Yus are required to take any action necessary with respect to a lot line adjustment and/or approval of any governmental agencies. We anticipate that the Yus will be submitting an application in the near future. We wish to advise you that the Castors will support the application, provided it conforms with the terms and conditions of the settlement agreement between the Castors and the Yus. It is anticipated that the application will include a request that the easement and setback area in that portion of the Castors' property be vacated or abandoned by the City of Rolling Hills and/or the Rolling Hills Community Association since moving the easement over from the newly adjusted boundary line would greatly restrict the Castors' property. However, we believe that the solution agreed upon by the parties will benefit both parties and will not interfere with any rights established in favor of the City of Rolling Hills and/or the Rolling Hills Community Association. Again, Mrs. Yu or her attorneys will be submitting an application or applications in the near future. Thank you for your assistance in this matter. Sincerely, HITCHCOCK, BOWMAN & SCHACHTER Robert Schachter RS/lkj c: Webb Castor Peter Rustin, Esquire/Steve Goldberg, Esquire G\CASTOR\CITY-COMM UNITY.LTR � L1I'JG tbi I i --....,.... h /,1 /s,i' ° \, ` tj'.9J 9a f" ?., '04, -1, ()% Rp RoA�38525� ://1/ \• t\• ♦ sea rfl4l1- ,k. ,p G� - ' •N. a� PG�s��s "es r c. • • ,per \ . %TAP, 5 -; 54:6 9/6 qua / ‘4'') / / ytt � a3 d• t /Lot \ e, 44,‘,?4, 4), r! ot .> ) crto / / 91 . • • •