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.}
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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.
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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. '
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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
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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.
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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.
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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
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3 and 6 Middleridge Lane North Lot Line Adjustmant/Site Plane Review/ Variance