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786, Lot line adjustment between 7 , Staff Reports• erre/ 06 Roeei>v gee& INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CA 90274 (310) 377-1521 FAX (310) 377-7288 Agenda Item: 5A Mtg. date: 8/17/10 TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE PLANNING COMMISSION FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANTS: PUBLISHED: DATE: ZONING CASE NO. 786, LOT LINE ADJUSTMENT NO. 2010-01 7 SOUTHFIELD DRIVE and 5 RINGBIT ROAD W. (LOT 4-SF, PARCEL 1 AND LOT 7-SF, PARCEL 2 RAS-1; 2.49 ACRES, 1.66 ACRES, (GROSS AREA) RESPECTIVELY MR. AND MRS. DANIEL KLERMAN JULY 8, 2010 AUGUST 17, 2010 REQUEST AND RECOMMENDATION The applicants request a lot line adjustment between two properties at 7 Southfield Drive and 5 Ringbit Road West. It is recommended that the Planning Commission adopt Resolution No. 2010-16, which is attached. BACKGROUND The Planning Commission held a public hearing at the site on July 20, 2010 and directed staff to prepare a resolution approving the project. The attached resolution contains standard findings of facts and conditions recommended for a lot line adjustment. -1- • • THIS PAGE INTENTIONALLY LEFT LANK RESOLUTION NO. 2010-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS AUTHORIZING THE ISSUANCE OF A CERTIFICATE OF COMPLIANCE FOR A LOT LINE ADJUSTMENT FOR PROPERTIES AT 7 SOUTHFIELD DRIVE (LOT 4-SF) AND 5 RINGBIT ROAD WEST (LOT 7-SF) IN ZONING CASE NO. 786, (KLERMAN, SLEEP AND COLLIDA). THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An application was duly filed by Mr. Daniel Klerman with respect to real property located at 7 Southfield Drive (Lot 4-SF) and 5 Ringbit Road West (Lot 7-SF), SF (Collida and Sleep, property owners), requesting a Certificate of Compliance for a Lot Line Adjustment to move the common property line dividing the lots, where 11,168 square feet of northerly portion of Lot 7-SF will be transferred to Lot 4-SF. Section 2. California Government Code Subsection 66412(d) authorizes lot line adjustments without requiring a tentative map, parcel map or final map if: (A) The lot line adjustment involves two or more existing adjacent parcels, where land is proposed to be taken from one parcel and added to an adjacent parcel; (B) A greater number of parcels than originally existed is not thereby created; (C) The lot line adjustment will create parcels that conform to local zoning and building ordinances; and (D) The lot line adjustment is approved by the City. The City may impose conditions on the Lot Line Adjustment in order to make the lot conform to local zoning and building ordinances, to require the prepayment of real property taxes prior to the approval of the Lot Line Adjustment or to facilitate the relocation of existing infrastructure or easements. Section 3. The Planning Commission conducted a duly noticed public hearing to consider the application at a field visit to the site on July 20, 2010 and at a regular Planning Commission meeting on July 20, 2010. Section 4. The Planning Commission finds that the project is categorically exempt from environmental review under the California Environmental Quality Act pursuant to a Class 5 exemption provided by Section 15305 of the State CEQA Guidelines. Section 5. The Planning Commission has considered the evidence, both written and oral, presented in connection with this application and finds as follows: A. Section 16.16.010(B) of the Rolling Hills Subdivision Ordinance and Section 17.16.060(A) of the Rolling Hills Zoning Ordinance requires that each lot in any subdivision in the RA-S-1 Zone shall have a net area of not less than forty three thousand five hundred and sixty square feet (1.0 acres). The proposed lot line adjustment will result in Parcel 1, Lot 4-SF, being 102,080 square feet (2.34 ZC NO. 786 LLADJ. Klerman • • acres) net and Parcel 2, Lot 7-SF, being 49,600 square feet (1.13 acres) net, exclusive of: (a) any and all perimeter easements measured to a minimum lineal distance of ten feet perpendicular to the property lines; (b) any portion of the lot or parcel of land used for roadway purposes; and (c) any private drive or driveway which provides access to any other lot or parcel of land. B. Section 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 this project, as the lot line adjustment is proposed in the rear of the lots and the lot lines along the street are not affected. C. Section 16.20.230 of the Rolling Hills Subdivision Ordinance requires that easements, the width of which are to be determined by the Rolling Hills Community Association, be dedicated for bridle trail and utility purposes over the strips and portions of land within and abutting upon the sidelines and rear lines of each lot. The proposed adjustment provides for 10-foot easements, or as otherwise approved by the Association, on each side of the adjusted lot lines and equestrian trails within the easements, and will be recorded concurrently with the Certificate of Compliance for lot line adjustment. D. Chapter 16.48 of the Rolling Hills Subdivision Ordinance provides procedures for processing of certificates of compliance, which is a document that acknowledges that subject parcels are considered by the City to be legal lots of record. City records indicate that both parcels were created legally. E. Conditions have been attached to this approval which provide that it will not impair or limit the City's application of the Site Plan Review or any other Ordinance or Code to any future development of the lots, including but not be limited to further study of soils, geology, hydrology, grading and other requirements. Section 6. In accordance with the foregoing findings, a Certificate of Compliance for lot line adjustment sought in Zoning Case No 786 as indicated on the map attached hereto stamp dated June 24, 2010 is hereby approved subject to the following conditions: A. The Lot Line Adjustment approval shall expire within two years from the effective date of approval as defined in Section 17.46.070, unless otherwise extended pursuant to the requirements of this section. B. There shall be 10-foot easements on each side of the adjusted lot lines within the adjusted boundaries of the Lots, or as otherwise required by the Rolling Hills Community Association. The maps attached to the Certificate of Compliance, referred hereto as Exhibit "A" shall delineate and note the easements and trails, if any, specified in this paragraph. C. The lot line adjustment approval shall not in any way constitute any representation that the adjusted lots can be developed even if in compliance ZC NO. 786 LLADJ. Klerman • • with current zoning and building ordinance standards. No development shall occur on the properties without first complying with all applicable City Building and Zoning requirements and other applicable rules and regulations. D. The lot line adjustment shall not in any respect limit or impair the City's application of the Site Plan Review Ordinance (Ordinance No 221, 1988) to the lots at such time as an application is made for development. E. The Certificate of Lot Line Adjustment shall not be issued until a legal description complying with the delineation of adjustment, and including the required easements and trails, if any, as specified in Paragraph C of Section 5 are submitted to, and approved by the City. Upon the City's approval of the legal descriptions of the new adjusted lines a Certificate of Compliance shall be issued by the City, shall be recorded by the property owner in the offices of the Los Angeles County Recorder, and evidence of the recordation shall be returned to the City. F. The applicant shall record the deeds of the properties effectuating the transfer concurrently with the Certificate of Compliance for the Lot Line Adjustment and shall submit proof of such recordation to the City of Rolling Hills. G. The applicants shall execute an Affidavit of Acceptance of all conditions of this Resolution or the Lot Line Adjustment shall not be effective. PASSED, APPROVED AND ADOPTED ON THE 17TH TH DAY OF AUGUST 2010. LOREN DEROY, CHAIRPERSON ATTEST: HAIDI LUCE, DEPUTY CITY CLERK ZC NO. 786 LLADJ. Klerman • • STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS) I certify that the foregoing Resolution No. 2010-16 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS AUTHORIZING THE ISSUANCE OF A CERTIFICATE OF COMPLIANCE FOR A LOT LINE ADJUSTMENT FOR PROPERTIES AT 7 SOUTHFIELD DRIVE (LOT 4-SF) AND 5 RINGBIR ROAD WEST (LOT 7-SF) IN ZONING CASE NO. 786, (KLERMAN, SLEEP, COLLIDA). was approved and adopted at a regular meeting of the Planning Commission on August 17, 2010 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices DEPUTY CITY CLERK ZC NO. 786 LLADJ. Klerman • dig, ol12l��„s • LSA( INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377.7288 DATE: JULY 20, 2010 TO: HONORABLE CHAIRPERSON AND MEMBERS OF THE PLANNING COMMISSION FROM: YOLANTA SCFIWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANTS: PUBLISHED: ZONING CASE NO. 786, LOT LINE ADJUSTMENT NO. 2010-01 7 SOUTHFIELD DRIVE and 5 RINGBIT ROAD W. (LOT 4-SF, PARCEL 1 AND LOT 7-SF, PARCEL 2 RAS-1, 2.49 ACRES, 1.66 ACRES, (GROSS AREA) RESPECTIVELY MR. AND MRS. DANIEL KLERMAN JULY 8, 2010 REQUEST AND RECOMMENDATION Request for a Certificate of Compliance for Lot Line Adjustment between two .parcels of Iand located at 7 Southfield Drive (APN 7567-009-008) and 5 Ringbit Road West (APN 7567-009-011), Rolling Hills, CA. The request is to be implemented by Mr. and Mrs. Daniel Klerman, applicant and property owner of 7 Southfield Drive. No new development is proposed with this application. The project, as a minor lot line adjustment that will not result in the creation of a new parcel, qualifies as an exemption from CEQA review (CEQA Guidelines Article 19 Section 15305, Minor Alterations in Land Use Limitations). It is recommended that the Planning Commission conduct public hearing in the field, take public testimony and provide direction to staff. Notices of this hearing and field trip were mailed to property owners within 1,000 foot radius of both parcels. BACKGROUND 1. The applicants, Mr. and Mrs. Klerman request an adjustment of lot lines on their lot, known as 7 Southfield Drive and the adjoining lot to the southwest, 5 Ringbit Road W. as per the enclosed plot plan. No new lots are being created and no new development is currently being proposed with this application. Mr. and Mrs. Klerman reside at 7 Southfield Drive. ZC NO. 786 Lot Line Adj. 0 Printed on Recycled Paper • • Y, • With the proposed adjustment, 11,168 square feet of the property at 5 Ringbit Road W. (Collida/Sleep) would be transferred to the property at 7 Southfield Drive (Klerman). 2. The lot line requested to be moved forms a boundary between a portion of the rear yards of both Iots. Currently, Mr. and Mrs. Klerman and in the past the previous property owners at 7 Southfield for many years maintained a garden within this area, unaware that they were in fact, encroaching on their neighbors' property. Upon discovering the actual location of their property line the neighbors agreed to the transfer of property. The agreement calls for moving the property line approximately 64 feet to the north. 3. To implement this agreement, the applicant needs to obtain approval from the City and RHCA. Staff was informed on June 22, 2010 that the RHCA Board of Directors has approved the subject lot line adjustment. DISCUSSION 4. The application was evaluated as to conformance with all applicable zoning and subdivision standards. The transfer will not result in creating any new nonconformity. Both parcels currently exceed the minimum 1-acre net lot area standard and with the transfer will still exceed the minimum. The property at 7 Southfield Drive, currently 2.49 acres or 108,464 square feet (gross) will be increased to 119,756 square feet, or 2.749 acres. For the purpose of City's development standards the net lot area of this lot will be 102,080 square feet, (2.34 acres). The parcel at 7 Southfield, is a "flag lot" in that it gets vehicular access from a long and narrow (10-ft. wide) private asphalt driveway easement located on 1 Ringbit Road W. This is an existing nonconformity, however it is irrelevant to the proposal since the flag driveway is not located within or near the lot area to be transferred. The Ringbit lot is currently 72,309 square feet or 1.66 acres, gross, and with the transfer will be 61,141 sq.ft. or 1.40 acres gross. For the purpose of City's development standards the net lot area of this lot will be- 49,600 square feet (1.13 acres). 7 SOUTHFIELD DRIVE APN 7567-009-008 Gross lot area Net lot area as required by City ZC NO. 786 Lot Line Adj. EXISTING Klerman PARCEL 1 108,588 sq.ft. (2.49 acres) 92,601 sq.ft. (2.12 acres) PROPOSED Klerman PARCEL 1 119,756 sq.ft. (2.75 acres) 102,080 sq.ft. (2.34acres) 5 RING BIT ROAD W. APN 7567-009-011 Gross lot area Net lot area as required by City EXISTING Collida/Sleep PARCEL 2 72,309 sq.ft. (1.66 acres) 61,109 sq.ft. (1.40 acres) PROPOSED Collida/Sleep PARCEL 2 61,141 sq.ft. (1.40 acres) 49,600 sq.ft. (1.13 acres) 5. The new lot sizes and property line location will not create any new nonconforming conditions with respect to current zoning development standards, including setbacks. The house on 5 Ringbit Road West encroaches into the front setback, however, the proposed adjustment is in the rear and will not have any effect on the setback in the front. 6. The disturbed area of each lot will be as follows: 7 Southfield has disturbance of 14,720 square feet and with the adjustment will not change. The percentage of disturbance of the new lot will be 14.4%. The 5 Ringbit Road W. lot will have disturbance of 12,840 or 25.9%. Both lots have adequate areas for a future stable and corral. 7. 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. There are no variances associated with the application, and no new nonconformities would be created that relate to the transfer of land. Therefore there are no special conditions to be attached to the application. 8. The Los Angeles County Regional Planning 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 Certificate of Compliance documents for recordation of the newly configured lots. CONCLUSION 9. The lot line adjustment is desirous by the applicant and has been agreed to by the adjacent property owners. The existing lots are currently irregular in shape, and with this adjustment, both lots would have one additional angled lot line segment towards the rear of the property. There are many properties in the City that are irregular in shape. 10. The proposed project meets the requirements of the City's development standards and the Subdivision Map Act for Lot Line Adjustment. ZC NO. 786 Lot Line Adj. 0 TRANSFER PORTION • • 41. Tr POINT OF BEGINNING PORTION LOT 133 R.S. 57/4-8 N /y0.37 ,9. J �*• KLERMAN 7 SOUTHFIELD DRIVE LOT 4 RS 59/8-10 APN: 7567-009-008 ADJUSTED LOT AREA = 119,756 SQ. FT. OLD PROPERTY LINE TRANSFER (3:\ P0R110N NEW PROPERTY LINE N 80-47.48' V� y 81.56. COLLIDA/SLEEP 5 RINGBIT RD WEST LOT 7 RS 59/8-10 APN: 7567-009-011 ADJUSTED LOT AREA = 61,141 SQ. FT. it LOT 8 RS 59/8-10 747�0. \ RINGg rR13 WeSr 15'52'k. E. 25.00' ADJUSTED AREA—COLLIDA/SLEEP TO KLERMAN 11,168sf S 85.20'40' E 11-35'40' y 275,00' 6.5r LOT 6 RS 59/8-10 N LOT 5 RS 59/8-10 LOT 3 RS 59/8-10 1 SCALE:1•=80'