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2018-06.pdf RESOLUTION NO. 2018-06 A RESOLUTION QF THE PLANNING CONIMISSION OF THE CxTY OF ROLLING HILLS AUTHORIZING A LOT LINE ADJUSTMENT OF TWO LOTS AT 1 R�INCHERO ROAD (PORTIONS 4F LOT 6-FT) AND 51 PORTUGUESE BEND ROAD {LOT 7-FT) TO CREATE ONE L4T IN ZONING CASE NO. 941 (JOHNSON). TI� PLANNING CONIlVIISSION DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. An appizcation was duly filed by Mr. and Mrs. Joseph and Erna Johnson, with respect to real property located at 1 Ranchero Road {portions of Lot b-FT) and 51 Portuguese Bend Road {Lot 7-FT) applying for a Lot Line Adjustrnent to rnerge the common property line dividing the Iofs, where 5b,257 s.f. of northerly lot wilI be merged to �1, 73b s.f. of the southerly lot for a combined, merged lot of 107,993 s.f. {gross}. Section 2. California Governxnent Code Subsection 66412(d} authorizes Iot Iine adjustments without requiring a tentative map, parcel map or final map if: {A) The Iot line adjus�inent involves two or more existing adjacent parcels, where land is proposed to be taken from one p�cel and added to an adjacent parcel; (B) A greater number o� parcels than originally existed i.s not thereby created; {C} The 1ot line adjustment will create parcels that conform to local zaning and building ordinances; and (D} The lot line adjustrnent 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, �o require the prepayment of real property taxes prior to the approval of the Lot Line Adjustment or to facilitate the re�oca�ion of existing ir.frast;ruet�.zre or ea�emen�. (Id.) Section 3. 'The Rolling Hills Municipal Code also provides a procedure for the preparation, filing, processing, and approva� or denial af a Iot line adjustrnent application consxstent with the policies of the general plan and the requirements of the Subdivision Map Act. (See Chapter �6.44� of the Rolling Hills Municipal Code.} The Planning Commission, in approving a lot line adjustment, shall adopt conditions only as necessary to conform the adjustment parcels to the requxrements of Tit�e 17 (Zoning) and Tit1e 15 (Bui�ding and Constnac±�on�, or to £acalitate the relocation of existing utilities, infrastructure,trails or easements. (See RHMC Section 16.44.040.} Section 4. The Plaruling Comtnission conducted a duly noticed public hearing opened on the Apri117, 2018 regular P1ai�uung Commission meefing and continued the hearing to May 1�,2018. Anothex duly noticed public hearing was conducted to May 15, 2018 Planning Cornmission in the field. The Coxnmission then continued the meeting to �he evening meeting,also duly noticed, of the Planning Con�unission on that same day. At that tune, the Planning Commission directed staff to prepare a resolution of Reso.2028-06 1 1 Ranchero Rd/ 51 Portuguese Bend Rd Lot Line Adjustment/Lot Merger app�roval. Two residents inquired about the proposed Iot line adjustrnent but did not have any�trong commen�s in favor or against the merger. Section 5. The Planning Commission finds that the project is categorically exempt pursuant to Section 15305, Class � of the Califarnia Environxnental Quality Act (CEQA}. Section 6. RHMC Section 16.44.040 requires the P�anning CoYxunission to make findings in order to approve a lot line adjushnent appiication. The Plann�ng Comi.nission has considered the evidence,both written and oral, in connec�ion with this app�ication and with xespect to the lot line adjustment application, the Planning Commission makes the following findings: A. The adjus�inent will not have the effect of creating a greater number of parcels than existed before the adjustrnent. In fact, approval of the lot line adjustment wil,I make a smaller number of parcels since the applicant is seeking to join two adjacent parcels into one parcel. B. The parcel resultirtg from the adjustment will not conflict with any applicable reguiations of fhe zoning ordinance. Both of the parcels are in the RAS2 �ane and are under the two net acre m;,,;rr,um lot size.According to RHMC Section 17.16.06Q, parcels of record which, prior to the adoption of the current standard requiring each parcel in fhe RAS2 zone to have 2 acres net, had smaller than the curren�ly required lot ax�ea shall be considered to have the �required area. Both of these parcels were smaller than 2 acres net at the time the standard in Sec�ion 17.�6A60 was adopted in 20(}4. Thus, the iots are legal nonconformi�g. This lot Iine adjustment will make the mergEd Iot Iess nonconforming. The proposed lot line adjustment will result in one parce� having 2.48 acres gross and 1.54 acres net. As a result, the legal nonconformisig nature of the properfy i� nct int-ensificd or expanded. The parcel r�sulti��g from the ad�ustment �ri11 not conflict wi�h any applicable regulatians of the zoning ordinance. C. The adjustment will not result in an increase in the number of nonconforming parcels. As previously discussed, Section 16.16.020(B} of the Rolling Hills Subdivision Ordinance .and Section 17.7.6.060(A} of the Rolling Hills Zoning OrdinancE requires that each Iot in any subdivision in the RA-�2 Zone shall have a net area of not less than eighty seven thousand one hundred twenty square feet, {2.O acres). The proposed lot line adjustment will result in one parcel having 2.48 acres gross and 1.54 acres net as calculated by the City far devel�pment purposes. The lot line adjustment will result in a decrease in the number of nonconforming parcels. There will be one parcel under two net acres rather than.two parcels under two net acres. Section 7. Section 17.46.Q50 of RHMC requires the Commission make findings in order to approve a site plan review application. The Planning Commission has considered the evidence, both written and oral, in connection with this application and with respect to the Site Plan applica�ion for t�he lot merger, the Planning Commission makes the following findings: Reso.2018-06 2 �Ranchero Rd/51 Poztuguese Bend Rd Lot Line Adjusf�nent/Lot Mezger A. The proposed merger is compatible with the General Plan, the Zoning ardinance and surrounding uses because the existing structures comply with the General Plan requirement of low px�ofile, low-densify residen�ial development with sufficient open space between surrounding structu�res and maintaining sufficient setbacks to provide buffers between residential uses. And the equestrian uses promote the rural, equestrian aesthetic af Rolling Hills. B. The rnerger substantially preserves the natural a��d undeveloped state o.f the lot as there is no addi�ional deve�opment proposed at this time. C. The existing condition of the merged lot is harmonious in scale and mass with tYie site, and is consisient with the scale of the neighbo�rhood in the City. Since the 1ot Iine adjustrnenf will decrease the number of nonconforming lots by joining two nonconforming lots into one, the resulting parcel will be more consistent with the scale of the neighborhood in the City. Since there is no proposed development at this time, the merged lot is also harmonious in scale and mass since proportionately there is less construction on the merged Iot t.han on the previously occupied single lot. D. The merged lot is compatible with the rural character of the community and makes no change to the existing condi�iox�s because no developmen� is proposed with the lot line adjustment. E. The proposed development i.s sensitive and not detrirnental to the convenience and safety of circu�ation for pedestrians and vehicles because there is no change in ingress/egress along �lie two roadway easements or roadway ixnprovements along the borders of the property and the internal easement which previously divided the iwo lots was vacated by the Rolling Hills Community Association. Section 8. With respect to the Lot Line Adjustment approval and Site Plan Review approval,the Planning Commission unposes the following conditions: A. The Site Plan Review approval shall expire within two years from the effective date of approval as defiined in Section 17.46A70, unless otherwise extended pursuant to the requirements of this section. C. The Iot line ad��xshnent approval �hall not in any way constitute any representation that the adjusted lots can be developed even if in compliance with current zoning and building ordinance standards. Na development, including study of soils, geology, hydrology, grading, and other requirements, shall occur on the properties without first complying with all applicable Ci�y Building and Zoning requirements and other applicable rules and regulatians. Reso.2018-D6 3 I Ranchero Rd/ 51 I'ortuguese Bend Rd Lot Line AdJustment/ Lot Merger D. The lat line adjustment shall not in any respect li.znit or impair the City's application of the Site Plan Review Ordinance to the lots at such time as an application i.s made for development. E. The applicants shall execute an Affida�vit of Acceptance of aIl conditions of �us Resolution for approval to be effective. F. There shall be easements within the adjusted boundaries of the �ots, as required by the Rolling Hi11s Community Association. Section 16.20.23Q of the Rolling Hills Subdivisian Ordinance requires that easements, the width of which are to be determined by �ie RHCA, be dedicated fo:r b�d�e txail and utilify purposes over the strips and portions of Iand witkiain and abutting upon the property Iines and will be recorded concurrently with the Certificate of Cornpliance for lot Izne adjustment. The maps and legal descriptions showing the new property lines shall be attached to the Certificate of Compliance, which sha11 be a separate recorded document. G. The Certificate of Compliance shall not be issued until a Iegal desc:�iption comp�ying wifih the de�inea�ion o.f adjustrnent, and including the required easements and trails, if any, are submztted to, and approved by the City. Upon the City's approval of the 1ega1 descriptions of the new adjusted lines a Certificate o£ Compliance shall be issued by the City, shall be recorded by �ie property owner in the offices of the Los Angeles County Recorder, and evidence of the recordation shall be returned to the City. H. 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 Hill�. PASSED, A�?�1'�O AND�ADO ED ON THE 19TH DAY OF JUNE,2018. , �;��� � �'� � � BR ;CHAIRMAN ATTEST: � TE HAL ,CITY CLERK Reso.207.8-06 4 1 Ranchero Rd/51 Portugu.ese Bend Rd Lot Line Adjusfinent/ Lot Merger STATE OF CALIFORNIA ) COUNT'Y OF L�S ANGELES ) §� CITY OF ROLL,ING HILLS) I certify that the foregoing Resolution No. 2018-Ob entitled: A RESOLUTION OF 'THE PLANNING COMMISS�ON OF T'HE CITY OF ROLLING HILLS AUTHORIZIlVG A LOT LINE AD�IJSTMENT 4F TWO LOTS AT 1 RANCHEI�O ROAD (PORTIONS OF LOT 6-F'1� AND 51 PORTUGUESE BEND ROAD (LOT 7-FT') TO CREATE QNE LOT IN ZQNrNG CASE NO. 941 aOHNSON). was approved and adopted at a regular meeting of the Planning Commission on�une 19, 201$by the following roll call vote: AYES: CARDENAS, KIRKI'ATRICK, SEABURN, AND CHAIR CHELF. NOES: NONE. ABSENT: COOLEY. ABSTAIN: NONE. and in compliance with the laws of California was posted at the following: Administrative Offices � CITY CLERK Reso.2018-a6 5 1 Ranchero Rd/ 51 Portuguese Bend Rd Lot Line Adjustment/ �t Merger