2018-09.pdf RESOLUTION NO. 2018-09
A RESOLUTION OF THE PLANIVING COMIVIISSION QF THE CITY OF
ROLLING HILLS AUTHORIZING A LOT LINE ADJUSTMENT
BETVITEEN TWO LOTS AT 0 BUGGY WHIP DRIVE (LOT 1'75-A-2-MS}
AND 25 CREST ROAD WEST (LOT 175-A-1-MS) RESULTING FN A IVTET
TRANSFER OF a GRQSS SQUARE FEET A.�TD GRANTING A SITE
PLAN REVIEW AND VARIANCES IN ZONING CASE NO. 944
(CZYZYK/CHANDRAN).
THE PLANNING COMMISSION DOES HER�BY FIND, RES4LVE AND ORDER AS
F4LLOWS:
Section 1. An application was duly filed by Mx. Joseph Czyzyk, wzth respect
to real property located at 0 Buggy Wlv.p Drive (Lot 175-A-2-MS) and 25 Crest Road
West (Lot 17�-A-1-MS) for a Site Plan Review, Variances and a Lot Line Adjustment
between the two parcels of land that will result in a net transfer of � gross square feet
from the properfy at 0 �uggy Witip Drive to the properfy at 25 Cresf Roacl Wesf. Four
Variances are requested: 1) altering non-conforming strucfural lot coverage, 2) not
meeting the minimum frontage along a roadway easement as required by code, 3)
creating a new structural encxoachment into a side yard setback, and 4) worsening an
existing legal nan-conform�i.ng condition as to the size of one of�ie lots.
Seciion 2. California Government Code Subsection 66412(d) authorizes lot
line ad�ustments without requiring a tentative map, parcel map or final map if: (A) The
1ot Iine adjustinent involves 't�wo or more existing adjacent parce�s, where land is
proposed to be taken from one parcel and added to an adjacent parcel; (S) A greater
number of parcels than originally existed is not thereby created; (C) The lot line
adjustznent will c:reate parcels that conform to 1oca1 zonuzg and building ordinances;
and (D} The lot line adjustment is approved by the City. The City may impose
conditions on flie Lot Line Adjustrnent in order to make the Iot conform to local zoning
and building ordinances, to require the prepayment of real properfy taxes prior to the
appr�val of the Lot Line Adjustment vr to facilitate the relocation of existing
infrasfiructure or easements. {Id.)
Section 3. The Rolling Hills Municipal Code also provides a procedure for the
preparation, filing, processing, and approval or denial of a lot line adjustment
application consistent with the policies of the general plan and the requirements of the
Subdivision IViap �ict. (See Chapter 26.44 of the �o�iing tIiiis IVlurucipai Coc�e.) 'lrhe
Planning Commission, in appraving a lot line adjustment, shall adopt conditions only
as necessary to con£orm the adjustment parcels to the requiremen�;s of Title 17 {Zoning)
and Title 15 (Building and Construction), or to facilitate the relocation of existing
utilities, infrastructure, irails or easements. (See RHMC Secfion 16.44.040.)
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Section 4. The Planning Commission conducted a duly noticed public hearing
at the site on July 17, 20�8 and continued the public hearing to the regular evening
meeting. At that time, the Plaruzulg Commission directed staff to prepare a resolution of
app�roval. No neighboring residents inquired about the proposed lot line adjustmer�t.
Section�. The P�a,�n�ng Cominission finds that the project is categorically
exempt pursuant to Section 153Q5, Class � of �he California Environmenfal Qualify Act
(CEQA).
Section 6. RHMC Section 16.44.040 �r�quir�s the Plaruung Commission to
make findings in order to approve a Iot Iine adjust�ment application. The Planning
Commisszon has considered the evidence,both written and oral, in connection with this
application and with respect ta the Iot line adjust�nent application and makes the
following findings:
A. The adjustinent will nof have �he effect of crea�ing a greater number of
parcels than existed before the adj�stment.
B. The parcels resulting from the adjustrnent will not conflict with any
applicable regulations of the zoning ordinance with approval af the variances. Both of
the parcels are in the RAS-2 zone and are under the two net acre minimurn lot size.
According to RHMC Section 17.16.060, parceis of record which, prior to the adoption of
�ie current standard requiring each parcel in the RAS-2 zone to have two net acres, had
smaller than the curren#1y required lot area shall be considered to have the required
area. Both of these parcels were Iegally created, and thus, are Iegal nonconforming. This
Iot line ad�ustment will not change the nonconformi�g status of both lots by any more
than 5 gross square feet. The proposed lot Ii�e adjustment will result in Parcell having
2.Q gross acres and 1.47 net acres and Parcel 2 having 2,28 gross acres and 1.65 net acres.
�s a re�sul; the legal noncon£oxmity is only inten�ified or expanded by 0.03 net acre for
the property at 0 Buggy Whip Drive and reduced on the other parcel by 0.01 net acre, an
increase in size. 'The parcels resul�ing from the adjustrnent will not conflict with any
applicable regulatioris of the zoning ordinance after Variances are granted.
C. The adjustmenf will not result in an increase in the number of
nonconforming parcels. Section �6.16.010{B) of the Rolling Hills Subdivision Ordinance
and Section�17.16.Ob0(A) of the Rolling Hills Zoning drdinance requires that each lot in
any subdivis�on in the RAS-2 Zone shall have a net area of not less than eighty seven
thousand one hundred twenty square feet, (2.0 acres). The lot Iine adJustment will not
c�ange the number of nonconforming parcels. There will be two parceis under two net
acres as if was prior to the Iot line adjustment.
Section 7. Section 17.46.050 of RHMC requires the Commi�sion to make
findings in order to apprave a site plan review application. The Planning Commi.ssion
has considered the evidence, both written and oral, in connection with this
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applicationand with respect to the Site Plan application for the Iot Iine adjustment and
makes the following findings:
A. The proposed lot Zine adjustrnen�is campatible with the GEneral Plan, the
Zoning Ordinance and surrounding uses because the existing structures will not
changed and comply with the General Plan requiremenf af low profile, low-density
resident�al development with sufficient open space between surrounding structures and
maintairung sufficient setbacks to provide buffers between residential uses. And the
uses on the lots prornote the rural aesthetic of Rolling Hills.
B. The Iot Zine adjustment substantially preserves the natural and undeveloped
state of the lot as there is no additional develapment proposed at this time.
C. The existing conditions of the lots are harmonious in scale and mass with
the sites, and are consistent with the scale of the neighborhood in the City. Since the lot
line adjustrnent will not change the number of nonconforming lots the properties are
not any less consistent with the scale of the neighborhood in the City. The two Iofs are
also harmonious in scale and mass since there is no construci�on on either ofr the two
lots.
D. The project preserves and integrates into the site design, to the greatest
extent possible, existing topographic features of the site, including surrounding native
vegetation, mature trees, drainage courses and land forms (such as hillsides and knolls).
There will be na construction on the property, and therefore the project preserves and
the existing fopographic features of the site.
E. The grad'zng on the property has been designed to£ollow natural contours
of the site and to minimize the amount of grading required to create the building area.
There will be no grading on the property, and therefore the natural contours of the site
will not change.
F. Grading will not modify existing draznage channels nor redirect drainage
flow, unless such flow is redirected into an existing drainage course. There will be no
grading on the property, and therefore the natural contours of the site will not change.
G. The project preserves surrounding native vegetation and mature trees and
supplemenfs these elements with drought-tolerant landscaping which is compatible
with and enhances the rural character of the community, and landscaping provides a
�uffer or transition area between private and public areas. There will be no
construction on the property, and therefore the surrounding native vegetation and
mature trees will be preserved.
H. The proposed development is sensitive and not detrunental to the
convenience and safety of circulation £or pedestrians and vehicles because there is no
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change in ingress/egress along the two roadway easernents or roadway improvemenfs
along the borders of the property.
I. The project conforxns to the requirements of CEQA. As stated above, the
project is categorically exempt pursuant to Section 15305,Class � of fhe CEQA.
Section 8. With respect to the Lot Line Adjustment approval and Site Plan
Review approval, the Plann;ng Commission imposes the following conditions:
A. The Lot Line Adjustment approval shall expire within two years from the
effective date o£ approval as defined in Section 17.46.080, unless otherwise extended
pursuant to the requirements of this section.
C. The lot line adjustment approval shail not in any way constitute any
representat�on that the adjusted lots can be developed even if in compliance with
current zoning and bui�ding ordinance standards. Na developrnent, including study of
soiis, geology, hydrology, grading, and other requirements, 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 lunit or impair the City's
application of the Site Plan Review or ather ordinances or code to the lots at such time
as an applicatian is made for developrnent.
E. 'The applicants shall execute an Affidavit of Acceptance of all conditions of
this Resolu�ion for approval to be effective.
F. There shall be �asemEnts within �i� adj�s�ed baundaries of th� lots, as
required by the Rolling �Tills Community Association. Section 16.20.230 of the RolTing
Hills Subdivision Ordinance requires that easements, the width of which are to be
determuled by the RHCA, be dedicated for bridle trail and utility purposes over the
strips and portions of land within and abutting upon the prope�rty lines and will be
recorded concurrent�y with the Certificate of Compliance for lot line adjustment. The
maps and Iegal descriptions showing the new property lines shall be attached to the
Certifieate of Compliance,which shall be a separate recorded document.
G. The Certi.ficate af Compliance shall not be issued unti� a legal description
complying with Ene deiineation of adjus�inent, and inciuding tihe required easements
and trails, if any, are submitted to, and approved by the City. Upon the City's approval
af fhe 1ega1 descriptions of the new adjusted lines a Certificate of Compliance shall be
issued by the Ci�y, 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.
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H. The applicant sha1l record the deeds of the properties effectuating the
transfer concurrently with the CeYti#icate of Compliance for the Lot Line Adjustment
and shall submit proof of such recordation to the City of Rolling Hills.
Section 9. Sections 17.38.030 through 17.38.050 of the Rolling Hills Munxcipal
Code permit approval of a Variance granting relief from the standards and
requirements of the Zoning Ordinance when exceptional or extxaordinaiy
circumstances applicable to the property prevent the owner from making use of a parcel
of praperty to the same extent enjoyed by similar propexties in the same vicinity or
zane.
A variance from the requirements of Sections 1b.1b.040„17.16.06a, 17.�b.070 and
17.16.12Q of the Zoning Qrdinance are required far 1) alfering non-confor�ming
structural lot coverage, 2} not meeting the mi.nzmum frontage along a raadway
easement as required by code, 3) creating a new structural encroachment into a side
yard setback, and 4) worsening an existing legal non-con£orming condition as to the
size of one of the lots.
With respect to the aforementianed req�zest for variances, the Planning
Comm�issxon fznds as follows:
A. There are exceptional circumstances and conditions on Parcell, including
the shape of the Iot, ail of which canstrain access and development. 0 Buggy Whip is a
flag lot and the 1at line adj�stment will result in a wider access point for the property.
The incxease in the width of the frontage of the flag Iot enabies a wide�r driveway for
vehicular access.
B. The variance is necessary for the preservation and enjoyment of a
substaritiaZ prop�rry right of Pareel 1 possessed by other properfy awners in the same
vicinity anct zone but which is denied to the property in question by strict application of
the code. I�any flag lots in the city are developed and do not have the minimum
raadway easement frontage.
C. The granting of the variances would not be materially de�mental to the
public welfare or injurious to the propex�Eies or improvements in such vicinity and zone
in which the properties are Iocated in that the lot line adjustmen� is minimally visible
from adjacent properties and does not negatively affect drau�age or traffic circulation to
and from the properties..
D. In granting the vanances, the spirit and intent of the �oning Ordinance
will be observed in that the two Iots are orderiy, attractive, and do not detrimentally
affect the rural characfer of the community. Their development is not proposed fo be
changed and is cohesive with the rural character of the area. The Iots are already
nonconfornling as to their size and the net cha.nge of 5 square feet in gross area and side
yard encroachmeof of 4' on Parcel2 are negligent. The area of the lot behind the house
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encroachrnent is open and usable as a yard and is adjacent to the newly widened access
to Parcel 7., which is deveioped as a driveway, giving it a very open feel and nat
crowding other structures on either of the Iots.
E. The variances wi�1 not grant special privilege to the applicants because
there is very little change to the two properties and the benefits gained are consistent
with other elements enjoyed by adjacent properties.
F. The variances are consisfent with tlie portions of the County of Los
Angeles Hazardous Waste Management Plan relating to siting and siting criteria for
hazardous waste facilities because it does not affect any hazardous waste facilities.
G. The varzances are consistent with the general plan of the City of Rolling
Hills. The propased project, together with the variances, will be compatible with the
objecHves, policies, general land uses and programs specified in the General Plan and
will uphold the City's goals to protect and promote construction that is rural in nature.
The project does not c•hange the existing development on either of the Iots, but slightly
changes the lot lines between the Iots.
PASSED, APPROVED AND ADOPTED ON THE 215T DAY OF AUGUST, 2018.
� iCI�EL�,���AIRM-N
ATTEST:
�.
Y TTE HALL,CITY CLERK
Any action challenging the final decision of the City made as a result of the public
hearing an 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.
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ��
CTTY OF ROLLING HILLS )
I certify that the foregoing Resalution Na. 2Q1&09 entitled:
A RESOLUTION OF THE PLANNTNG COMMISSION OF THE CTTY OF
ROLLING HILLS AUTHORIZYNG A LOT LINE ADJUSTMENT BETWEEN
TWO LOTS AT 0 BUGGY WHIP DRIVE (LOT 175-A-2-MS) AND 2S CREST
ROAD WEST (LOT 175-A-1-MS) RESULTING IN A NET TR.ANSFER OF 5
GROSS SQUARE FEET AND GRANTIIVG A S�TE PL,AN REVIEW AND
VARIANCES IN ZOlVING CASE NO. 944 (CZYZYK/GHANDRAN}.
was approved and adopted at a regu�ar rneeting of the Plann;ng Cornmission on August
21, 207.8 by the following roll call vote:
AYES: CARDENAS, COOLEY,SEABURN,AND CHAIR CHELF.
NOES: NONE.
ABSENT: KIRKPA'TRICK.
ABSTAIN: NONE.
and in compliance with the laws of California was posted at the follawing:
Administrative Offices
YVE TE HALL, CITY CLEI2IC
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