2015-06RESOLUTION NO. 2015-06
A RESOLUTION OF THE PLANNING COMNIISSION OF THE CITY
OF ROLLING HILLS AUTHORIZING A LOT LINE ADJUSTMENT OF
PROPERTIES AT 77 CREST ROAD EAST (LOT 69 -A -1 -MS) AND THE
VACANT LOT NORTH THEREOF (LOT 69 -A -2 -NIS) TO CREATE ONE
LOT IN ZONING CASE NO. 876, LOT LINE ADJUSTMENT NO.
2015-02, (JANKOVICH).
Section 1. . An application was duly filed by Mr. Tom Jankovich with respect
to real property located at 77 Crest Road East, (APN: 7567-008-012) and the vacant
property north thereof (APN: 7567-008-013) requesting to merge the two lots into one
lot, which will result in a 30.3 acres gross lot, and is attached hereto as Exhibit A and
made a part thereof.
Concurrently Mr. Jankovich filed an application in Zoning Case No. 876 for a Site Plan
Review, Conditional Use Permit and a Variance to construct a stable that would be
located in the front yard area of the resulting lot.
Section 2. California Government Code Subsection 66412(d) authorizes lot
line adjustments without requiring a tentative map, parcel map or final map if: (A)
The lot line adjustment involves two or more existing adjacent parcels, where land is
proposed to be taken from one parcel and added to an adjacent parcel; (B) A greater
number of parcels than originally existed is not thereby created; (C) The lot line
adjustment will create parcels that conform to local zoning and building ordinances;
and (D) The lot line adjustment is approved by the City. The City may impose
conditions on the Lot Line Adjustment in order to make the lot conform to local
zoning and building ordinances, to require the prepayment of real property taxes
prior to the approval of the Lot Line Adjustment or to facilitate the relocation of
existing infrastructure or easements.
Section 3. The lots are located in the RAS -2 zoning district. The existing
parcels are non -conforming due to their access from Crest Road East where they share
a common driveway with several other properties.
Section 4. The Planning Commission conducted a duly noticed public
hearing to consider the application to merge the lots on February 17, 2015, March 17,
2015 and at a field trip on March 17, 2015. No one testified for or against the project.
Section 5. The Planning Commission finds that the project is categorically
exempt from environmental review under the California Environmental Quality Act
pursuant to a Class 5 exemption provided by Section 15305 of the State CEQA
Guidelines.
Reso. 2016-06 1
ZC No. 876
Section 6. The Planning Commission has considered the evidence, both
written and oral, presented in connection with this application and finds as follows:
A. Section 16.16.010(B) of the Rolling Hills Subdivision Ordinance and
Section 17.16.060(A) of the Rolling Hills Zoning Ordinance requires that each lot in
any subdivision in the RA -S-2 Zone shall have a net area of not less than eighty seven
thousand one hundred twenty square feet, (2.0 acres). The proposed lot line
adjustment will result in one parcel having 9.55 acres net lot area, (416,381 square
feet). Both lots are currently greater than the required two -acre net. The net lot area is
measured by taking the entire lot area and deducting (a) the entire area within a
recorded roadway easement plus the area within ten feet measured perpendicular to
the edge of the roadway easement; (b) the ten foot perimeter of the lot perpendicular
to the property lines; (c) any private drive or driveway that provides access to any
other lot or parcel of land and (d) the access strip portion of a flag lot.
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 these properties as
neither property fronts a street and they gain access through a common driveway
over several other properties. The Planning Commission finds that the existing
condition of the flag configuration will remain and therefore not be materially
detrimental to the public welfare or injurious to the properties or improvements in the
vicinity.
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 (RHCA), be dedicated for bridle trail and utility purposes
over the strips and portions of land within and abutting upon the property lines and
will be recorded concurrently with the Certificate of Compliance for lot line
adjustment.
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 lot, including but not be limited
to further study of soils, geology, hydrology, grading and other requirements.
Section 7. In accordance with the foregoing findings, a Certificate of
Compliance for lot line adjustment Zoning Case No 876 as indicated on the map
stamp dated March 17, 2015, and on file in the Planning Department is hereby
approved subject to the following conditions:
Reso. 2015-06 2
ZC No. 876
C
A. The Lot Line Adjustment approval shall expire within two years from
the effective date of approval as defined in Section 17.46.070, unless otherwise
extended pursuant to the requirements of this section.
B. There shall be easements along the adjusted lot line, as required by the
Rolling Hills Community Association. The maps and legal descriptions showing the
new property easement lines shall be recorded.
C. The lot line adjustment approval shall not in any way constitute any
representation that the adjusted lot can be developed even if in compliance with
current zoning and building ordinance standards. No development shall occur on the
property 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 to the lot 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 6 are submitted to,
and approved by the City. Upon the City's approval of the legal descriptions of the
new adjusted lines a Certificate of Compliance shall be issued by the City, shall be
recorded by the property owner in the offices of the Los Angeles County Recorder,
and evidence of the recordation shall be returned to the City.
F. The applicant shall record the deed of the property 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
ATTEST:
HEIDI LUCE, CITY CLERK
ON THE 21st DAY OF APRIL 2015.
Reso. 2015-06 3
ZC No. 876
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) §§
CITY OF ROLLING HILLS)
I certify that the foregoing Resolution No. 2015-06 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF ROLLING HILLS AUTHORIZING A LOT LINE ADJUSTMENT OF
PROPERTIES AT 77 CREST ROAD EAST (LOT 69 -A -1 -MS) AND THE
VACANT LOT NORTH THEREOF (LOT 69 -A -2 -MS) TO CREATE ONE
LOT IN ZONING CASE NO. 876, LOT LINE ADJUSTMENT NO. 2015-
02, (JANKOVICH).
was approved and adopted at a regular meeting of the Planning Commission on April
21, 2015 by the following roll call vote:
AYES: Commissioners Gray, Kirkpatrick, Smith and Chairman Chelf.
NOES: None.
ABSENT: None.
ABSTAIN: None.
and in compliance with the laws of California was posted at the following:
Administrative Offices
CITY CLERK
Reso. 2015-06 4
ZC No. 876
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