0636RESOLUTION NO. 636
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF ROLLING HILLS AUTHORIZING THE ISSUANCE OF
A CERTIFICATE OF COMPLIANCE FOR IAT LINE
ADJUSTMENT IN ZONING CASE NO. 414
THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES
HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS:
Section. An application was filed by Mr. Richard
Colyear with respect to real property*in the vicinity of Chestnut
Lane (Lot 241 -A -1 -MS) and real property located at 35 Crest Road
West, Rolling Hills (Lot 241 -A -2 -MS) requesting a Certificate of
Compliance for a Lot Line Adjustment to move the side lot line
dividing these two lots so that a portion of.existing Lot 241 -A-
2 -MS (Parcel No. 2) is placed into Lot 241 -A -1 -MS (Parcel No. 1).
Section 2. California Government Code Subsec-
tion 66412(d) authorizes minor lot line adjustments without
requiring a tentative map, parcel map or final map if:
A. the lot line adjustment involves two or more
existing adjacent parcels, where land is proposed to be taken
from one parcel and added to an adjacent parcel;
B. a greater number of parcels than originally
existed is not thereby created;
C. the lot line adjustment will create parcels
that conform to local zoning and building ordinances; and
D. the lot.line adjustment is approved by the
City.
Section 3. The Planning Commission conducted a duly -
noticed public hearing to consider the application on January 16,
1990, February 20, 1990 and March 20, 1990, and conducted a field
site review on January 6, 1990. Upon reviewing the evidence and
receiving testimony, the Commission denied the lot line adjust-
ment by a Resolution adopted on April 7, 1990.
Section 4. Pursuant to Section 17.32.140 of the
Rolling Hills Municipal Code, the applicant appealed the
Commission's denial of the lot line adjustment within the appeal
period on April 16, 1990.
Section 5. The City Council opened the public hearing
on May 29, 1990 and continued it until such time that the appli-
cant provided certain information to the City regarding driveway
access to Parcel No. 1.
Section 6. The applicant has now provided additional
information to the City regarding the lot frontage along main-
tained roadways and the authority to construct a driveway across
the roadway easement for purposes of creating access from
Chestnut Lane to Parcel No. 1.
Section 7. The City Council has considered the evi-
dence, both written and oral, presented to it in connection with
this application and finds as follows:
A. The proposed lot line adjustment will
increase the size of Lot 241 -A -1 -MS so that it will cover a net
two acres after excluding easements.
B. The proposed adjustment will not increase or
change the existing nonconformity with respect to Sec-
tion 16.16.040 of the Rolling Hills Municipal Code requiring a
minimum frontage of 150 feet along a maintained roadway.
C. Evidence has been presented by the applicant
by way of a memorandum from Peggy Minor, Manager of the Rolling
Hills Community Association, indicating that the Community
Association authorizes the construction of a driveway from
Chestnut Lane to Parcel No. 1 across an easement held by the
Association for roadway purposes. Based upon this authorization,
the City has evidence to conclude that the owner of Parcel No. 1
can comply with Section 17.16.115 of the Rolling Hills Municipal
Code requiring each parcel to be developed with a driveway to a
maintained roadway.
D. The City's Sanitary Sewer Feasibility Study,
prepared by ASL Consulting Engineers on February 9, 1988,
recommends the installation of future sewer lines to service the
immediate vicinity to be constructed along the westerly property
line of Parcel 2 (Lot 2), along the boundary line of proposed
Parcels 1 and 2 and then along the easterly property line of
Parcel 1 (See Map 13 of 22 to the ASL Study). Based upon this
Study and the need to provide for the future installation of
sewers to serve the properties in the immediate vicinity of the
subject property, conditions have been attached to require the
applicant to record an easement to the Rolling Hills Community
Association for ingress and egress purposes to construct
underground utilities along the westerly line of Parcel 2 (Lot
2), along the boundary line between Parcel 1 (Lot 1) and Parcel
2 (Lot 2) and along the easterly boundary line of Parcel 1 (Lot
1) .
E. Conditions have also been attached to this
approval which provide that it will not impair or limit the
City's application of the Site Plan Review Ordinance to any
future development of Parcel No. 1.
2Z
Section 8. In accordance with the foregoing findings,
the lot line adjustment sought in Zoning Case No. 414 as
indicated on the map attached hereto as Exhibit "A" is hereby
approved subject to the following conditions:
A. The applicant shall prepare and, upon
approval and acceptance by the City, record concurrent with the
Certificate of Lot Line Adjustment an easement in gross, in favor
of the City of Rolling Hills (with the intention that the City
convey it immediately to the Rolling Hills Community Association)
for ingress, egress and the installation, maintenance, repair,
replacement and removal of sewer lines and other underground
utilities over that certain real property described as (i) the
westerly ten (10) feet of Parcel 2, (ii) ten (10) feet on either
side of the boundary line between Parcels 1 and 2 and (iii) the
easterly ten (10) feet of Parcel 1. The easement deed shall
prohibit Grantor or any successor to Grantor from constructing or
erecting any improvements or altering the contours of the surface
of the easement area other than installation of shallow rooted
landscaping and necessary irrigation systems..
B. The lot line adjustment shall not in any way
constitute any representation that Parcel No. 1 (Lot 1) is a
buildable lot or that it is able to be developed in compliance
with zoning and building ordinance standards.
C. The lot line adjustment shall not in any
respect limit or impair the City's application of the Site Plan
Review Ordinance (Ordinance 221) to Lot 2°41 -A -1 -MS (Parcel No. 1)
at such time as an application is made for development.
D. The lot line adjustment shall not in any
respect waive, release'or be construed to supercede any
restriction, dedication or condition set forth on Final
Subdivision Map 29408, and all such matters are hereby reserved.
E. The Certificate of Lot Line Adjustment shall
include a legal description complying with the delineation of
adjustment attached hereto as Exhibit A.
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F. The applicant shall execute an affidavit of
acceptance of all conditions or this lot line adjustment shall
not be effective.
PASSED, APPROVED and ADOPTED this 13t1z day of
''ebruary 1991.
)
YOR DROP TEM
ATTEST: f
d
r
CITY• VCLERK
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The fore-oinZ eso-lution -No, 636 entitled:
AI S.OLUT !)I3' OF -HE CI -Y—.. COUINCIL OF SHE CITY . OT -ROLLING
TIILLS , CALIFO -MA-,AUTHOR IZING THE ISSUANCE OF
A CERTIICATR Or G7TT?�LIAjCE _ OR LOT LINE ADJUST''?ENT
- Til ZONI140 CASE i10: 414
T.aas annroved and adopted at .a re ular meetin; o- the City Council
at a r^eetiwy .on - ebru-ary 13, 1991 by the followingroll call
vote:
?iYE S : Councilme__bers - Leeu7,7enbur,,2,h,-,Turdock,1_ Swanson;
'Tayor 'Pro" Term ''ernell; T:Tayor Heinsheimer
..TOES : aone
ABSENT-: 1-:10ne
.ABSTAIN: =3one
06-- -A
Deputy CYty Clerk
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