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2018-11.pdf RESOLUTION NO. 2018-11 A RESOL,UTION �F THE PLANNING COMMISSI4N OF THE CITY OF RQLLING HILLS AUTHORIZING A LOT LINE ADJUSTMENT BETWEEN TWO LOTS AT 3 MiDDLERIDGE LANE NOIZTH {PORTIONS OF LOT 11-MR) AND 6 MIDDLERIDGE LANE NOIZTH (PORTIONS OF LOTS 12, 13, 14, AND 15-MR} TO ALTER THE LOTS BY 51,b24 SQUARE FEET AND GRANTING A SITE PLAN AND VARIANCE IN ZONING CASE NO. 945. (TILLES/ WILSON FAM�LY TRUST). THE PLANNTNG COMMISSION DOES HEREBY FIND, RESOLVE AND ORDER AS F4LLOWS: Section 1. An application was dizly filed by N1r. Tilles, with respect to rea� property Iocated at 3 Middleridge Lane North (Portions of Lot 11-MR) and b Middleridge Lane iVarth {Portzons of Lots 12, 13, 14, and 15-MR) applying for a Site Plan Review, Variance, and Lot Line Ad�ustment between the two parcels o€ Iand shifting 51,b24 square feet of land from the property at 6 Mxddleridge Y�ane No�h �o the property at 31Vdidclleridge Lane No�th. The variance request is to increase the total disturbed net Iot area from 38% to 4b.3% for 6 Middleridge Lane North, which exceeds the maximum perxnitted disturbed area of 40%. Section 2. California Governxnenf Code Subsection 66412(d) authorizes lot line adjustrnents withaut 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 acij��tment T,�ill create pareels that c��f�rm to Iocal zoning and building ardinances; and (D) The Iof Iine adjustment is appraved by the City. The City may impose conditians on the Lot Line Adjustment in order to make the lot conform to lacal 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. (Id.) Section 3. The Rolling HiIIs Murucipal Code also provides a procedure for the preparation, £iling, processing, and approval or denzal of a lot Iine adjustmen� appiication consistent with the policies of the general plan and the requirements of the Subdivision N1ap �ct. (See Chapter I6.44 of the T�olling Hills iVlunicipai Code.) The Planning Corrunission, in approving a lot line adjust�nent, shall adopt conditions only as necessary to conform the adjustment parcels ta the requirements of Ti�le 27 (Zaning} and Ti�le �5 (Building and Construction}, or to facilitate the relocation of existing utilities, infras�ru�ture,tYails or easements. (See RHMC Section 16.44.040.} Reso.2�18-11 j 3 and 6 Middleridge Lane North Lot Line Adjustment/ Site Plane Review/�Variance Section 4. The Planning Commission conducted a duly noticed public hearing on july 17, 2018 at the regular evening Piann3ng Corrunission meeting. At that time, �he Planning Commission directed staff to prepare a resolution of approval. No neighboring residents inquired about the proposed lot Iine adjustment. Sectian�. The Planx�stg Commission finds that the project is categorically exempt pursuant to Section 3530�, Class 5 of the California Environmental Quality Act (CEQA}. Section 6. RHMC Section 1b.44.Q4Q requires the Planning Commission to make findings in order to approve a lot line adjust7nent application. The Planning Commission has considered the evidence, both written and oral, in connection with this application and with respect to the Iot line adjustmenf application, the Planning Commission makes the following findings: A. The adjustment will not have the effect of creating a greater number of parcels than existed before the adjustment. B. '?'he parcels resulting from the adjustme�t wiil no± eonflict with any applicable regulations of the zoning ordinance after a variance is granted. The loss of square footage for the property at 6 Middleridge Lane North will result in an increase in disfurbed area from 38% to 46.3°�. The maximum disturbance allowed on a lot is 40°�. Therefore, a variance is requested C. The adjustment wi11 not result in an increase in the number of nonconforxnnzg parcels once a variance is granted. As discussed, a variance i.s requested to address the increase in disturbance beyond the 40% maximum for the property at 6 Middleridge Lane North. Section 7. Section 17.46.050 of RHMC requires the Commission ta make findings in o:rder fo approve a szte pian review application. 'Fhe Planrzing Cammission has considered tlie evidence, bot1� written and oral, in connection with thi.s application and with respect to the Site Pian appiication for the lot line adjusiment, the Planning Commission makes the following findings: A. 'The proposed lot line adjustment is compatible with the General Plan, the Zoning Ordinance and surrounding uses because the existing structures comply with the General Plan requirement of low profile, low-density residential development with sufficient open space betvveen surrounding siructures and maintaining sufficient setbacks to provide buffers between residential uses. And the uses on the lots promote the rural aesthetic of Rolling Hills. B. The lat Iine adjustment substantialiy preserves the natura� and undeveloped state of the lat as there is no additional development proposed at this time. Reso.2018-11 2 3 and 6 Middleridge Lane North Lot Line Adjusi�nent/Site Plane Review/Variance C. The project is harmonious in scaie and mass with the site, th� natural terrain, and surrounding residences. The project is consistent with the scaie of the neighborhood in the City. Since the lat Iine adjustment will not change the level of development on the properties the Iot line adjustment will not result in any Iess consistency with the sca�e of the neighborhood in the City. Since there are no praposed developments at this time. D. There is no construction or grading proposed on the site, and therefore the project preserves the site design and e�cisting topographic features of the site. E. . Since there is no new grading proposed on the property, t�ie existing natural cantours on the site are maintained. F. Since there is no new grading proposed on the property, the existing drainage channe�s and flow wi�I not be modified or redirected. G. There is no construction ar grading proposed on the site, and therefore the project preserves the surraunding vegetation and mature trees.The lot line adjustment is compatible with the rural character of the community and makes no change to the existing conditions because no develapment i.s proposed with the�ot line adj�.stment. H. 'The proposed development is sensitive and not detrimental to the convenient and safe movement of pedestrians and vehicles because there is no change in ingress/egress along the roadway easement or roadway improvements along the borders of the properdes. I. The project conforms to the requirements of CEQA; as previously stated, the projec� i� exempt from �EQA, �4 C�R Seetion 1530�, elass � of t'h� CE��S guidelines. Section 8. With respect to the Lot Line Adjustment approval and Site Plan Review approval, the Planning Cornmission imposes the following conditions: A. The Lot Line Adjus�inent approval shall expire within two years from the effective date of approval as defaned in Section 17.46.070, unless otherwise extended pursuant�o the requirement�s of this sectian. B. The lot line adjustment approvai shaii no� in any way constitute any representation that �lie adjusted lots can be developed even if in cornpliance with current zoning and building ordinance standards. No development, including study of soils, geo�ogy, hydro�ogy, grading, and other requirements, shal.l occur on the properties withouf first complying with all applicable City Building and Zoning requirements and other applicable rules and regulations. ' Reso.201$-1� 3 3 and 6 Middleridge Lane Narth Lot Line Adjusianent/ Site Plane Review/ Variance C. The �ot line adjustmenf sha11 nat in any respect limit or impair the City's application of the Szte Plan Review or other regulations or codes to the Iofs at such tirne as an application is made for development. D. The applicants shall execute an Affidavit of Acceptance of all cor�ditions of this Resolutian for approval to be effective. E. There shall be easements within the adjusted boundaries af tlie lots, as required by the Rolling Hilis Comx�ux�ity Association. Section 16.20.230 of the Rolling Hills Subdivision Ordinance requires that easements, the width of which are to be determined by the RHCA, be dedicated for bridle trai� and utility purposes over the strips and portions of land within and abutting upon �Y►e property lines and wiil be recorded concurrently with the Certificate of Compliance for lot line adjustment. The maps and legal descriptions showing the new property lines sha11 be attached to the Certificate of Compliance,which shall be a separate recorded document. F. The Certificate of �ompliance shall not be i.ssued until a Zegal description comp�ying with the delineation of adjustment, and including the required easements and trails, if any, are submitted to, and approved by the City. Upon the City's appxoval of the legal descriptior� of the new adjusted lines a Certificate of Compliance shall be i.ssued 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. G. The applicant shall record the deeds of the properties effectuating the transfer concurrently with the Certifzcate of Compliance for the Lot Line Adjustment and shall submit proof of such recordation to the City of Rolling Hills. Section 9. Sec�ian� 17.38.010 thr�ugh 17.38.��Q af the Rolling Hills Municipa� Code permit approval of Vax°iances granting relief from the standards and requirements of the Zoning Qrdinance when exceptional or extraordinary circumstances applicable ta the property prevent the owner from making use of a parcei of property to the same extent enjoyed by similar properties in the same vicinity or zone. A variance from the requirements of Sections 17.16.070(B} of the Zoning Ordinance is requixed due to the increase in disturbance over the 40% limit for one of the properties. With respect to the aforementioned requesf for a variance, the Planning Comtnission finds as follows: 1. There are exceptional circumstances and conditions on the subject properties. lioth properties traverse a roadway easement providing£or odd-shaped lots which affects lot coverage, setbacks, and disturbance. The lot line adjustment provides for the opportunity for additiona� development to 3 Middleridge Lane I�Torth and Reso.2018-11 4 3 and b Middleridge Lane North Lo#Line Adjusfinent/ 5ife Plane Review/ VaTiance reduces the maintenance needs of the 6 Middleridge Lane North since no addi�ional impravement couid b� bu�ilt or maintained on the lat for 6 Middleridge Lane North's use. By reducing the size of 6 Middleridge Lane North, the percentage of the total disturbance for that lot increases beyond the 40°10 maximum allowed percentage from 37.9$% to 46.3%. No new constxuction is being proposed. Therefore, the variance wi11 not be materially detrimental to the public welfare or injurious to ei�her of the properfies. 2. The variance is necessary for the preservation and enjayment of a substantzal property right possessed by other property owners in�he same vicinity and zone but which is denied to the property in question by strict application of the code. The area fhat 6 Middleridge Lane IVTorth is transferring away is Iocated across the street which is not convenient or conducive to development. By reducing the size of 6 Middleridge Lane North, the percentage of the total disturbance for that lot increases beyond fhe 40°� maximum allowed percentage from 37.98% to 46.3%. No new canstruction i.s being proposed. Therefore, the variance is necessary for 6 Middleridge Lane North to preserve and enjoy the propex�y right possessed by other property owners in the same vicinity; other properly owners in the vicuuty do not have a roadway easement txaversing through their properties making develapment inconvenient or impossible. 3. The granting of the variance would not be materially detrimental to the public welfare or injurious to the properties because no development is proposed at this tirne. 4. In granting the variance,�he spirit and intent of the Zoning Ordinance will be observed in that the two Iots are orderly, attractive, and do nof detrimentally affect the rural character of the community. Additional d'evelopment is not proposed at this time a�d th��xisting irr�pravements are cohesive with the rr�ral character of t�e area. 5. The variance will not grant special privilege to the applicants because there is very little change ta the fwo proper�ies and the benefits gained a�re consistent with other elements enjoyed by adjacent properties. 6. The variance is consistent with the porfions af the Counfy of Los Angeles Hazardous Waste Management Plan re�a�ing to siting and siting criteria for hazardous waste fac�lities beca�use it does not affect any hazardous waste facilities. �. The variance is consistent with the general pIan of the City of �oIling Hills. The proposed project, together with the variance, will be compatible with the objectives, policies,�general Iand uses and programs specified in the General Plan and will uphold the City's goals to protect and pxomote construction that is rural in nature. Reso.2Q18-11 5 3 and b Middleridge Lane North Lot Line Adjustment/ Site Plane Review/ Variance PASSED, APPROVED AND ADOPTED ON THE 21ST DAY OF AUGUST, 2018. BR EL�,CHA RMAN ATTEST: - - � - -l�'�� TTE HA L CFTY CLERK Any action challQnging the final decisian of the City made as a result of the publzc hearing on this application must be filed within the�ime Iimits set forth in Section 17.54.070 of the Rolling Hills Municxpal Code and Code of Civil Procedure Section 1094.6. Reso.2Q18-11 6 3 and b Middleridge Lane North Lo�Line Adjustment/ Site Plane Review/Variance STATE 4F CALIFORNIA } COUNTY OF LOS ANGELES ) �� CFTY OF 1ZOLLING HILLS) I certify that the foregaing IZesolution No. 2Q38-11 en�itled: A RESOLUTION OF THE PLANIVING COMI��IISSION OF THE CITY OF R4LLING HILLS AUTHORIZING A LOT LINE ADJUSTMENT BETWEEN TWO LOTS AT 3 MIDDLERIDGE LANE NORTH {PORTIONS OF LOT 11-MR) AND 6 MIDDLERIDGE LANE NOI�TH {POKTIONS OF LOTS 12, �3, 14, AND Z5-MR) TO ALTER THE LOTS BY 51,b24 SQUARE FEET AND GRANTING A SITE PLAN AND VARIANCE IN ZONIlVG CASE NO. 945.('I ILLES/ WILS�N FANIILY TRUST}. was approved a�d adopted at a regular meeting of the Planning Commission on August 21, 2018 by the following roll call vote: AYES: CARDENAS, COOLEY,SEABURN, AND CHAIR CHELF. N�ES: NONE. ABSENT: KIRKPATRICK. ABSTAIN: NONE. and in comp2iance with the laws of California was posted at the following: Administrative O£fices � YVE HALL, CTTY CLERK Reso.2018-11 7 3 and 6 Middleridge Lane North Lot Line Adjustmant/Site Plane Review/ Variance