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715, To legalize portions of existi, Staff Reports•aty ig • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityotrh@aol.com Agenda Item No.: 4G Mtg. Date: 9 / 26 / 05 DATE: SEPTEMBER 26, 2005 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ATTN: CRAIG R. NEALIS, CITY MANAGER FROM: YOLANTA SCHWARTZ, PLANNING DIRECTOR SUBJECT: RESOLUTION NO. 2005-31. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO PERMIT CONSTRUCTION OF AN ADDITION THAT WOULD ENCROACH INTO THE EAST SIDE YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 715, AT 44 CHUCKWAGON ROAD, (LOT 21-CF), (MINKES). 1. The Planning Commission adopted Resolution No. 2005-31, which is attached, on September 20, 2005 at their regular meeting granting approval in Zoning Case No. 715. The vote was 4-0-1. Chairwoman DeRoy was absent and excused. 2. The applicants propose to construct a 577 square foot addition to the existing 4,222 square foot residence, of which 196 square feet would encroach into the side setback, which requires a Variance. When completed, the residence will be 4,799 square feet with a 649 square foot garage. The area of the addition that is not in the setback can be administratively approved. 3. Fifty-six square feet of the existing residence encroaches up to 6 feet into the side setback. The proposed addition would encroach between 6 and 8 feet into the side setback. A minimum of 96 square foot service yard is required and will be provided. 4. The lot is developed with a 4,222 square foot residence, 649 square foot garage, 1,120 square foot swimming pool, 544 square feet of covered porches and 800 square foot guest house. In 1987 a CUP was granted for the guest house and a Variance was approved by the Planning Commission to construct a 1,075 square foot stable and a riding ring on an adjacent lot, (Lot 22-CF), owned by the same property owners. @Pruned on Recycled Pn,xti • • 5. The subject lot is the only property on Chuckwagon Road that is zoned RAS-2 (requiring that the size of the lot be 2 acres minimum and requiring a 35- foot side yard setback). The remaining properties along Chuckwagon Road are zoned RAS-1. The side setback requirement in the RAS-1 zone is 20-feet from the property line. If the property were zoned RAS-1, no Variance would be required and this addition would be approved administratively. 6. The Rolling Hills Community Association approved the proposed addition, and the Los Angeles County Building and Safety Department reviewed the project under their Plan Check review process. Prior to issuance of a building permit for the construction, the County required approval from the City. During the City's review, it was determined that the property is located in the RAS-2 zone and that the proposed addition encroaches into the 35-foot side setback. 7. No grading is required for this project. 8. The net lot area of the lot is 87,080 square feet. The structural lot coverage is proposed to be 8,008 square feet or 9.2% of the net lot area, (20% permitted), (currently 8.42%) The total lot coverage including structures and flatwork is proposed at 17,218 square feet or 19.8% of the net lot area, (35% permitted), (currently 19.0%) (These coverages do not include the stable, as the stable is located on an adjacent lot). 9. There are two building pads on the property. The residential building pad is 20,925 square feet and the guest house building pad is 6,000 square feet. The residential building pad coverage is proposed to be 6,249 square feet or 29.9%, which includes 64 square feet of the 544 square feet covered porches, (10% of the proposed size of the house is 480 sq.ft. Therefore, 480 sq.ft. of covered porches is not included in the pad coverage). Currently, the building pad coverage is 5,634 square feet or 26.9%, including the 122 sq.ft. of covered porches, (10% of the size of the existing house is 422 sq.ft., which is not included in the pad coverage). The guest house building pad coverage is 13.3%. The combined coverage is 26.6%. 10. The disturbed area of the lot, not including the stable and access thereto is 28,925 square feet or 33.2% of the net lot area, and will not change, as the proposed addition will be located on an already disturbed area. 11. The adjacent neighbors submitted a letter of support for the addition, which is attached. 12. Responding to the criteria to be satisfied for grant of a Variance for the encroachment, the applicants' representative states, in part, that the pad area is limited and restricted by upslope and downslope conditions around the existing structure and that the addition is proposed on a level land, which does not require grading. Further, the area where the addition is proposed is concealed from neighboring residence by vegetation and grade change and no privacy or view encroachments are encountered. • 13. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). 14. It will be required that all utility lines to the residence be placed underground and that the roof material of the entire roof complies with City and Community Association standards. The Zoning Ordinance calls for utility lines to be placed underground regardless of whether the addition requires Planning Commission approval or is administratively approved. RECOMMENDATION It is recommended that the City Council receive and file this report or provide other direction to staff. ACCESSWAY VIEWS ZONING CASE NO. 715 SITE PLAN REVIEW RA-S-2 ZONE SETBACKS Front: 50 ft. from front easement line Side: 35 ft. from property line Rear: 50 ft. from property line STRUCTURES (Site Plan Review required if size of structure increases by at least 1,000 sq. ft. and has the effect of increasing the size of the structure by more than 25% in a 36-month period). EXISTING Single family residence Residence Garage Service Yard Pool Porch Guest House TOTAL STRUCTURAL LOT COVERAGE 8.42% (20% maximum) TOTAL LOT COVERAGE 119.0% (35% maximum) BUILDING PAD COVERAGE RESIDENTIAL 26.9% 4222 sq.ft. 649 sq.ft 0 sq.ft. 1120 sq.ft. 544 sq.ft. 800 sq.ft. 7,335 sq.ft GUEST HOUSE PAD COVERAGE 13.3% (30% maximum guideline) GRADING N/A Site plan review required if excavation and/or fill or combination thereof is more than 3 feet in depth and covers more than 2,000 sq. ft., must be balanced on site DISTURBED AREA 28,925 sq.ft. or 33.2% (40% maximum; any graded building pad area, any remedial grading (temporary disturbance), any graded slopes and building pad areas, and any nongraded area where impervious surfaces exist.) STABLE (minimum 450 sa. ft.) and Existing on adjacent lot CORRAL (minimum 550 sq. ft.) STABLE ACCESS Existing from Chuckwagon I Existing from Chuckwagon IN/A PLANTS AND ANIMALS I N/A a PROPOSED Additions, part of which would encroach into the side setback Residence Garage ServiceYard Pool Guest House Porch TOTAL 4799 sq.ft 649 sq.ft 96 sq.ft 1120 sq.ft. 800 sq.ft. 544 sq.ft. 8,008 sq.ft 9.2% of 87,080 sq.ft. net lot area 19.8% of 87,080 sq.ft. net lot area 6,249 s.f. or 29.9% of 20,925 s.f. pad (includes 64 s.f. of 544 s.f covered porch) 13.3% Combined: 26.6% None 28,925 sq.ft. or 33.2% Existing on adjacent lot No changes No changes Planning Commission condition Planning Commission condition VARIANCE REQUIRED FINDINGS A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; and B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; and C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; and D. That in granting the variance, the spirit and intent of this title will be observed; and E. That the variance does not grant special privilege; F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and G. That the variance request is consistent with the General Plan of the City of Rolling Hills. NEARBY PROPERTIES For information purposes only. (NOTE: ALL ADJOINING DEVELOPED PROPERTIES EXCEPT # 3 POPPY TRAIL ARE ZONED RAS-1) ADDRESS OWNER RESIDENCE LOT AREA In square feet (excl. road) 3 Poppy Trail (RAS-2) Jonas 2,542 116,740 7 Poppy Trail Lacey 3,354 84,510 35 Chuckwagon Rd. Enright 4,506 I 52,054 37 Chuckwagon Rd. Elliott 3,107 I 65,340 39 Chuckwagon Rd. Black 3,131 I 37,026 40 Chuckwagon Rd. Long 3,816 47,505 38 Chuckwagon Rd. Horn 2,555 46,609 36 Chuckwagon Rd. Huete 3,444 50,704 AVERAGE 3,307 62,560 44 Chuckwagon Rd. Minkes Existing 4,222 101,843 Proposed 4,799 SOURCE: Assessors' Records/Department of Planning Records The above calculations do not include garages. From : from home DONOUNANCY BLACK PHONE No. : 310 377 18 City of Rolling Hills Gentlemen: By AUG 3 1 2005 CITY OF ROLLING HILLS Aug.31 2005 11:34AM POI August 31, 2005 Please use this note as nay agreement to allow our neighbors Dr, & Mrs, Mark Minkel to proceed with the plans for their kitchen addition. This date, Dr. Minkel reviewed the encroachment aspects of his project with me, and Nancy & I have no objection to this plan. Please let me know if you need anything further from us, in order to expedite this ter, Than +u. r Donovan B1: 39 Chuckw Rd. Rolling Hil s Nancy Black 39 Chuckwagon Rd. Rolling Hills 414' 'W 1 Pag, ri.S,7,,V.M.,S. 40. 5' • p . A4d, • 0'!; • • - ,"•• • • s?-1 • ,-1 • - - • • • • • —.2r; wiLo . • '7"4:4 we" . - • • ' . . • -2;_. n"; ,:4%! • -- ' - . 4 pp.'" • a_f e. ; • „?..„ 4 " , • > • • • a* • .1- . '11 - 41;t,. ra. . ••• • • . -W• 14 • •p; _ rimmossie • 1-4 1 14 17-.E._51 De-14c. 14-uc14 (71-12e19- °F Pk.D1-c-coN) • 1'rG- G- V4A Aic RESOLUTION NO. 2005-31 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO PERMIT CONSTRUCTION OF AN ADDITION THAT WOULD ENCROACH INTO THE EAST SIDE YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 715, AT 44 CHUCKWAGON ROAD, (LOT 21-CF), (MINKES). THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. Application was duly filed by Dr. and Mrs. Mark Minkes with respect to real property located at 44 Chuckwagon Road, Rolling Hills (Lot 21-CF) requesting a 577 square foot addition to the existing residence, of which 196 square feet would encroach into the side setback. When completed the residence will be 4,799 square feet with a 649 square foot garage. Section 2. The Planning Commission conducted duly noticed public hearings to consider the application at a field trip on September 20, 2005 and at a regular meeting on September 20, 2005. The applicants were notified of the public hearings in writing by first class mail. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. The applicants and their representative were in attendance at the hearings. Section 3. The Rolling Hills Community Association approved the proposed addition, and the Los Angeles County Building and Safety Department reviewed the project under their Plan Check review process. Structural plan, floor plan, roof plan, foundation plan and mechanical plans have also been prepared. Prior to issuance of a building permit for the construction, the County required approval from the City. During the City's review, it was determined that the property is located in the RAS-2 zone and that the proposed addition encroaches into the 35-foot side setback. Section 4. The Planning Commission finds that the project qualifies as a Class 1 Exemption, Existing Facilities, and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 5. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code permit approval of a Variance from the standards and requirements of the Zoning Ordinance when exceptional or extraordinary circumstances applicable to the property and not applicable to other similar properties in the same zone prevent the owner from making use of a parcel of property to the same extent enjoyed by similar properties in the same vicinity. A Variance to Section 17.16.120 is required because it states that every lot in the RAS-2 zone shall have a side yard of not less than 35 feet from the side property line. The applicant is requesting a Variance to encroach between 6 feet to 8 feet into the required 35-foot east side yard setback, for a total of 196 square feet encroachment. With respect to this request for a Variance, the Planning Commission finds as follows: A. There are exceptional and extraordinary circumstances and conditions applicable to the property that do not apply generally to the other property or class of use in the same zone because the subject lot is the only property on Chuckwagon Road that is zoned RAS-2 (requiring that the size of the lot be 2 acres minimum and requiring a 35-foot side yard setback). The remaining properties along Chuckwagon Road are zoned RAS-1. The lot size and configuration, together with the existing development on the lot creates a difficulty in meeting the side yard setback Code requirement. The existing residence was built with the residence encroaching up to 6 feet into the side yard setback. B. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, but which is denied to the property in question. Strict application of the Zoning Ordinance would deprive the property owner of the right and benefits enjoyed by similarly situated properties in the same vicinity and zone. The encroachment permits the use of the lot to the extent allowed for other properties in the vicinity. The Variance will permit the development of the property in a manner similar to development patterns on surrounding properties and will square off already existing encroachment. C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. Development in the side yard will allow the remaining portion of the lot to remain undeveloped, would minimize grading and would follow the existing line of encroachment. The area of addition is screened from adjacent property owners and would not impair views. The structural lot coverage and the total impervious lot coverage are within the requirements of the City. The residential building pad coverage is also within the City's guidelines of 30%. Section 6. Based upon the, foregoing findings, the Planning Commission hereby approves the Variance in Zoning Case No. 715 to encroach 196 square feet into the east side yard setback with an addition, subject to the following conditions: A. The Variance approval shall expire within two years from the effective date of approval as defined in Section 17.38.070, unless otherwise extended pursuant to the requirements of this section. B. It is declared and made a condition of the Variance that if any conditions thereof are violated, this approval shall be suspended and the privileges granted thereunder shall lapse; provided that the applicant has been given written notice to cease such violation, the opportunity for a hearing has been provided, and if requested, has been held, and thereafter the applicant fails to correct the violation within a period of thirty (30) days from the date of the City's determination. C. All requirements of the Buildings and Construction Ordinance, the Zoning Ordinance, and of the zone in which the subject property is located must be complied with unless otherwise set forth in the Permit, or shown otherwise on an approved plan. Reso. 2005-31 Minkes I✓ 9 • • D. The lot shall be developed and maintained in substantial conformance with the site plan on file marked Exhibit A and dated September 7, 2005 except as otherwise provided in these conditions. E. The property on which the project is located contains a stable and corral with access thereto on the adjacent lot, approved in 1987, and it shall remain, subject to conditions of the 1987 approval. F. The property owners shall comply with the requirements of the Lighting Requirements of the City of Rolling Hills, pertaining to lighting on said property. G. The property owners shall comply with the requirements of Section 17.16.190 of the Zoning Ordinance pertaining to roof covering. H. Utility lines serving subject residence shall be placed underground. I. Structural lot coverage shall not exceed 8,008 square feet or 9.2% in conformance with lot coverage limitations. J. Total lot coverage of structures and paved areas shall not exceed 17,218 square feet or 19.8% in conformance with total lot coverage limitations. K. The disturbed area of the lot shall not exceed 28,925 square feet or 33.2% in conformance with disturbed area limitations. L. Residential building pad coverage on the 20,925 square foot residential building pad shall not exceed 6,249 square feet or 29.9%, which includes 64 square feet of the 544 square feet covered porches; coverage on the 6,000 square foot existing guest house building pad shall not exceed 13.3%. M. There shall be no grading for this project. N. The existing topography, flora and natural features of the lot shall be retained to the greatest extent feasible. O. If new landscaping is introduced for this project, the landscaping shall include water efficient irrigation that incorporates low gallonage irrigation system; utilizes automatic controllers, incorporates an irrigation design using "hydrozones," considers slope factors and climate conditions in design, and utilizes means to reduce water waste resulting from runoff and overspray in accordance with Section 17.27.020 (Water Efficient Landscaping Requirements) of the Rolling Hills Municipal Code. Further, landscaping shall be designed using mature trees and shrubs so as not to obstruct views of neighboring properties but to screen the residence. Any new trees and shrubs planned to be planted in conjunction with this project shall, at maturity, not be higher than the ridge height of the residence. P. During construction, dust control measures shall be used to stabilize the soil from wind erosion and reduce dust and objectionable odors generated by Reso. 2005-31 Minkes • construction activities in accordance with South Coast Air Quality Management District, Los Angeles County and local ordinances and engineering practices. Q. During construction, conformance with local ordinances and engineering practices so that people or property are not exposed to landslides, mudflows, erosion, or land subsidence shall be required. R. During construction, conformance with the air quality management district requirements, stormwater pollution prevention practices, county and local ordinances and engineering practices so that people or property are not exposed to undue vehicle trips, noise, dust, objectionable odors, landslides, mudflows, erosion, or land subsidence shall be required. S. During construction, the property owners shall be required to schedule and regulate construction and related traffic noise throughout the day between the hours of 7 AM and 6 PM, Monday through Saturday only, when construction and mechanical equipment noise is permitted, so as not to interfere with the quiet residential environment of the City of Rolling Hills. T. If a construction fence is erected during construction, it shall not be located in any easement or cross over trails, if any. U. During and after construction, all parking shall take place on the project site and, if necessary, any overflow parking shall take place within nearby roadway easements. V. The property owners shall be required to conform with the Regional Water Quality Control Board and County Public Works Department Best Management Practices (BMP's) related to solid waste. W. During and after construction, all soil preparation, drainage, and landscape sprinklers shall protect the building pad from erosion and direct surface water in an approved manner. X. An above ground drainage system is required by the Drainage Engineer. Such system shall be designed in such a manner as not to cross over any equestrian trails. The drainage system(s) shall not discharge water onto a trail, shall incorporate earth tone colors, including in the design of the dissipater and be screened from any trail and neighbors' views to the maximum extent practicable, without impairing the function of the drainage system. Y. The working drawings submitted to the County Department of Building and Safety for plan check review shall conform to the development plan described in Condition D. Z. The applicant shall execute an Affidavit of Acceptance of all conditions of this Variance pursuant to Section 17.38.060, or the approval shall not be effective. Minkes Reso. 2005-31 II • • AA. All conditions of this Variance approval, that apply, must be complied with prior to the issuance of a building permit from the County of Los Angeles. PASSED, APPROVED AND ADOPTED THIS 20th DAY OF SEPTEMBER, 2005. ARVEL WITTE, VECE CHAIRMAN ATTEST: MARILYN KERN, DEPUTY CITY CLERK Reso. 2005-31 Minkes STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) § CITY OF ROLLING HILLS) I certify that the foregoing Resolution No. 2005-31 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO PERMIT CONSTRUCTION OF AN ADDITION THAT WOULD ENCROACH INTO THE EAST SIDE YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 715, AT 44 CHUCKWAGON ROAD, (LOT 21-CF), (MINKES). was approved and adopted at a regular meeting of the Planning Commission on September 20, 2005 by the following roll call vote: AYES: Commissioners Hankins, Henke, Sommer and Vice Chairman Witte. NOES: None. ABSENT: Chairwoman DeRoy. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. Reso. 2005-31 Minkes DEPUTY CITY CLERK 13 6 Cii /e0fA Jd.PP, (F4COPFC:RATGD J.r`;I:IJAPY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: ciiyofrh@aol.com Agenda Item No.: 6-A Mtg. Date: 7/24/00 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: CRAIG R. NEALIS, CITY MANAGER SUBJECT: CONSIDERATION OF PROPOSED ORDINANCE NO. 280: AN ORDINANCE OF THE CITY OF ROLLING. HILLS TO REQUIRE- THAT UTILITIES BE PLACED UNDERGROUND AND AMENDING TITLE 15 (BUILDINGS & CONSTRUCTION) AND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. (FIRST READING AND INTRODUCTION) DATE: JULY 24, 2000 BACKGROUND This ordinance was originally introduced to the City Council on Monday, June 26, 2000. The purpose of the ordinance was to codify existing policy regarding the undergrounding of utilities that was approved in 1983 by minute order of the City Council. Under that draft ordinance, and policy to date, changes in electrical services to existing residential structures and accessory buildings are required to be placed underground when the electrical lines are lengthened or added, electrical service panels are increased or relocated on the property, or if the residential structure is enlarged or the building footprint is altered. Undergrounding requirements are limited to the building undergoing the structural or utility modifications and may trigger undergrounding of the entire property under certain circumstances. On July 10, 2000, staff provided amendments that were requested by the City Council to establish that any waiver of these requirements shall only be permitted through the variance process which would include a public hearing before the Planning Commission. When the ordinance was considered at that time, the City Council requested that staff provide an amendment that would identify the requirement for undergrounding of wires and poles on private property if that property is included in a future underground utility district. This amendment has been included as Paragraph E under Section 2 of the draft ordinance. -1- d ®Pnn erl nr Rrtr.VrlfxJ RECOMMENDATION It is recommended that members of the City Council open the public hearing, take public testimony, and consider draft Ordinance No. 280 for consideration of first reading and introduction. CRN:mlk 07/24/00ord280.sta G t_✓J J : • ✓J4 RICHARDS LIRTSONaGERSHON67 46? P.02/02 ORDINANCE NO. AN ORDINANCE OF THE CITY OF ROLLING HILLS TO REQUIRE THAT UTILITIES BE PLACED UNDERGOUND AND AMENDING TITLE 15 (BUILDINGS & CONSTRUCTION) AND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE The City Council of the City -of Rolling Hills does ordain as follows: Section 1. , Section 15.16.040 of Title 15, Chapter 15.16 of the Rolling Hills Municipal Code is amended by deleting paragraphs A and B thereof, and relettering paragraph C thereof as paragraph A. Section 2. Title 17, Chapter 17.27 of the Rolling Hills Municipal Code is amended by adding thereto a new Section 17.27.030 to read: "17.27.030. Undergrounding of utilities. All utilities servicing the building in question on any residentially zoned parcel shall be installed underground upon: A. Construction of any new primary or accessory building; B. Remodeling of a primary or accessory building which entails enlargement of the structure or alteration of the building footprint: C. Lengthening or adding electrical lines servicing a building or parcel; D. ReIocating or increasing the electrical panel servicing a building or parcel; or E. Inclusion of a parcel in an underground utility assessment district (in which event new or replacement utility poles are prohibited)." PASSED, APPROVED AND ADOPTED this day of July, 2000. ATTEST: Deputy City Clerk R698010001\615135.1 MAYOR TO: FROM: SUBJECT: e!1,, ofiePe.nS iii INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 Email: cityolrh@aol.com Agenda Item No.: 6-A Mtg. Date: 7/10/00 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CRAIG R. NEALIS, CITY MANAGER CONSIDERATION OF PROPOSED ORDINANCE NO. 280: AN ORDINANCE OF THE CITY OF ROLLING HILLS TO REQUIRE THAT UTILITIES BE.PLACED UNDERGROUND=AND=*MENDING TITLE 15 (BUILDINGS & CONSTRUCTION) AND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. (FIRST READING AND INTRODUCTION) DATE: JULY 10, 2000 BACKGROUND At the regular City Council meeting held Monday, June 26, 2000, the City Council considered introduction of an ordinance relating to the above referenced topic. The purpose of the ordinance was to codify existing policy regarding the undergrounding of utilities that was approved in 1983 by minute order of the City Council. Under that draft ordinance, and policy to date, changes in electrical services to existing residential structures and accessory buildings are required to be placed underground when the electrical lines are lengthened or added, electrical service panels are increased or relocated on the property, or if the residential structure is enlarged or the building footprint is altered. Undergrounding requirements are limited • to the building undergoing the structural or utility modifications and may trigger undergrounding of the entire property under certain circumstances. During City Council deliberations of this subject, the City Council requested that staff return with an amended ordinance establishing that any waiver of these requirements shall only be permitted through the variance process including a public hearing before the Planning Commission. Therefore, the attached ordinance drafted by our City Attorney's office places the undergrounding utility requirements in the Zoning Code. As drafted, permission to not comply with these underground utility requirements could only be granted through approval of a variance by the Planning Commission. RECOMMENDATION It is recommended that members of the City Council open the public hearing, take public testimony, andconsider draft Ordinance No. 280 for first reading and introduction. CRN:mlk ord280.sta ®Pnnled qr Heevrbpj I' ;r}:r L � w I JUIN UtK5HUN67 46? .;P.02/02 ORDINANCE NO. AN ORDINANCE OF THE CITY OF ROLLING HILLS TO REQUIRE THAT UTILITIES BE PLACED UNDERGOUND AND AMENDING TITLE 15 (BUILDINGS & CONSTRUCTION) AND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE The City. Council of the City of Rolling Hills does ordain as follows: Section 1. Section 15.16.040 of Title 15, Chapter 15.16 of the Rolling Hills Municipal Code is amended by deleting paragraphs A and B thereof, and relettering paragraph C thereof_as_paragraph-:A.:-._.__:::__ Section 2. Title 17, Chapter 17.27 of the Rolling Hills Municipal Code is amended by adding thereto a new Section 17.27.030 to read: "17.27.030. Undersroundin¢ of utilities. All utilities servicing the building in question on any residentially zoned parcel shall be installed underground upon: A. Construction of any new primary or accessory building; B. Remodeling of a primary or accessory building which entails enlargement of the structure or alteration of the building footprint: C. ' Lengthening or adding electrical lines servicing a building or parcel; or D. Relocating or increasing the electrical panel servicing a building or parcel." PASSED, APPROVED AND ADOPTED this day of July, 2000. MAYOR ATTEST: Deputy City Clerk R6980\0001\615135.1 • DATE: TO: ATTN: FROM: SUBJECT: Ciia ol12 P�,S JJPP, JUNE 26, 2000 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CRAIG R. NEALIS, CITY MANAGER LOLA M. UNGAR, PLANNING -_DIRECTOR _: -- - -- - _= CONSIDERATION OF PROPOSED ORDINANCE NO. 280: A N ORDINANCE OF THE CITY OF ROLLING HILLS TO REQUIRE THAT UTILITIES BE PLACED UNDERGROUND WHEN ANY BUILDING STRUCTURE IS EXPANDED, MODIFIED, ALTERED, OR REPAIRED IN ACCORDANCE WITH EXISTING POLICY AND AMENDING TITLE 15 (BUILDINGS & CONSTRUCTION) AND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. The purpose of the ordinance is to codify an existing policy regarding the undergrounding of utilities that was approved in 1983 by a minute order of the City Council and enforced by the City since that time to require that when any existing building structure is expanded, modified, altered, or repaired that the utilities be placed underground and that under certain conditions the City Council may waive compliance. INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377-7288 E-mail: cityofrh@aol.com Agenda Item No.: 7.A. Mtg. Date: 6/26/2000 BACKGROUND At the April 5, 2000 joint meeting of the Planning Commission and City Council, following deliberations regarding the undergrounding of utilities, the City Council requested that the Planning Commission consider an ordinance regarding the undergrounding of utilities in the City of Rolling Hills. On May 16, 2000, the Planning Commission approved attached Resolution No. 2000- 12 with a vote of 4-0. Commissioner Sommer was absent. The purpose of the ordinance is to codify an existing policy regarding the undergrounding of utilities that was approved in 1983 by a minute order of the City Council and enforced by the City since that time to require that when any residence is enlarged or the building footprint is altered or the utility lines lengthened, that the utilities be placed underground and that under certain conditions the City UNDERGROUND UTILITIES PAGE 1 cD, ®Pr it oerl :;r Recycled P%9n(tr '..-- Council may waive compliance. Further, staff has been requiring utilities to be undergrounded when upgraded electrical service is requested. HISTORY OF PROPOSED ORDINANCE On August 8, 1983, Dr. Frudenfeld requested that the City Council clarify the City's requirement for undergrounding utilities because he wanted to install a new panel board to accommodate a new air conditioning system at his residence without lengthening the overhead electrical lines, making any other changes to the_ service, .. or adding on to .his _home._.In- response- to -Dr.- Frudenfeld's request, the City Council waived his need for .undergrounding and by minute order determined that the policy developed by the City of Rolling Hills Estates should be adopted by the City of Rolling Hills. The minute order policy (attached) has been enforced since 1983. EXISTING_-ORDINANCE--.- Section 15.16.040, Section 83-1 (Installation, amended.), of the City's Electrical Code reads as follows: "Section 83-1 of the Electrical Code of the City of Rolling Hills is subject to the following exceptions: A. Overhead service shall not be installed except • to supply temporary service used for construction purposes only. B. The, wiring between the serving electrical power and communications utilities systems and the premises served and the wiring between separate buildings shall be installedunderground. C. Underground services may be installed in rigid, nonmetallic conduit or armored cable approved for underground installations and shall conform to Public Utilities Requirements and Standards and as approved by .the Chief Electrical Inspector." PROPOSED AMENDMENTS TO THE MUNICIPAL CODE Following are pertinent sections of the proposed Ordinance No. _ 280 in which additions are dash underlined. Section 3. The following paragraph is added to Chapter 17.27 (Additional Development Standards) of Title 17 of the , Zoning Ordinance of the Rolling Hills Municipal Code to read as follows: "17.27.030 Undergrounding of utilities. All utilities shall be placed underground for any new building structure and for any existing. building structure when electrical service is changed unless certain conditions merit a waiver by the City Council in accordance with Section 15.16.040 of the Rolling, Hills Municipal Code." ---- UNDERGROUND UTILITIES PAGE 2 Section 4. The following paragraphs are added to Section 15.16.040 of Chapter 15.16 (Electrical Code) of Title 15 of the Buildings, &Construction Ordinance of the Rolling Hills Municipal Code to read as follows: "D. Change of electrical service shall require that electrical service be placed underground when: 1. The electrical lines are lengthened or addedi 2. The electrical service 2anel is increased or relocated to a different location on the ._property;--: ------- 3. Any residence is enlarged or the building footprint is altered. E. There is no requirement to place electrical service underground if the wires are not altered or lengthened., F. The Cites Council may waive the requirement to underground utilities when electrical service is changed if it finds all of the following_ 1. The aggregate cost of the building. construction does not exceed 50% of the reasonable replacement value of said building,prior to such expansion,, modification, alteration or repair and 2. The waiver will not result in a significant change in the existing visual pattern created by existing overhead service lines and 3. The underground utility . requirement would impose undue financial hardship." After reviewing the initial study for the proposed ordinance, staff has determined that this ordinance will have no impact on the environment. Based on this finding, staff has determined the proposed ordinance to be categorically exempt as a Class 2 exemption in accordance with Section 15302(d) (Replacement or Reconstruction) of the CEQA Guidelines. RECOMMENDATION It is recommended that the City Council open the public hearing and take public. testimony, and consider draft Ordinance No. 280 for first reading. UNDERGROUND UTILITIES PAGE 3 DRAFT ORDINANCE NO. 280 AN ORDINANCE OF THE CITY OF ROLLING HILLS TO REQUIRE THAT UTILITIES BE PLACED UNDERGROUND WHEN ANY BUILDING STRUCTURE IS EXPANDED, MODIFIED, ALTERED, OR REPAIRED IN ACCORDANCE WITH EXISTING. POLICY AND AMENDING TITLE 15 (BUILDINGS & CONSTRUCTION) AND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF_ROLLING__HILLS-DOES HEREBY" ORDAIN- --AS-FOLLOWS:. Section 1. At the March .27, 2000 joint meeting of the Planning Commission and City Council, following deliberations regarding undergrounding of utilities, the City_Council requested that. thePlanningCommission,: re are --an---- -.---- _ordinance, enforced=-as=---policy==sir 1983; - requiring that utilities be placed underground during property redevelopment and that under certain conditions the City Council may waive compliance.. Section 2. The Planning Commission studied the various options on May 16, 2000 at a duly authorized public hearing. The Commissioners reviewed and approved Resolution No. 2000-12 an ordinance recommendation to require that utilities be placed underground for any new building and for any existing building structure when electrical service is changed ,unless certain conditions are waived by the City Council because an existing policy has been enforced by the City by minute order since August 8, 1983. Section 3. On June 26, 2000 and , 2000, the City Council held a public hearing regarding the proposed ordinance to require that utilities be placed underground when . any building structure is. expanded, .modified, altered, or repaired in accordance with existing policy. Section 4. Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) and the CEQA Guidelines of the City of Rolling Hills, the Planning staff analyzed the proposed ordinance and concluded that the ordinance will not have the potential for causing a significant . effect on the - environment. Based on this finding, staff has determined ,the proposedordinance to be categorically exempt 'in accordance with Section 15061(b)(3) of the CEQA Guidelines. The City Council has reviewed the proposed exemption and finds that it represents the independent judgment of the City and is in compliance with CEQA. Based upon this finding, the City Council finds the proposed ordinance categorically exempt in accordance with the CEQA Guidelines. Section "5. The following paragraph is added to Chapter 17.27 (Additional Development Standards) of Title 17, of the Zoning Ordinance of the Rolling Hills Municipal Code to read as follows: ORDNANCE NO. 280 PAGE 1 DRAFT "17.27.030 Undergrounding of utilities. All utilities shall be placed underground for any new building structure and for any existing building structure when electrical service is changed unless certain conditions merit a waiver by the City Council in . accordance with Sections 15.16.040 of the Rolling Hills Municipal. Code." Section 6. The following paragraphs are added to Section 15.16.040 of Chapter 15.16 (Electrical Code) of Title 15 of the Buildings & Construction Ordinance of the Rolling Hills Municipal Code to read as follows: ' D: - C-hange ofelectrical service shall require that electrical service be placed underground when: 1. The electrical lines are lengthened or added; __._2._.._----- The_electrical..service-panel_is._.increased=ar-relocatedyto.=a: different--` �______--- laeation on tthe property; 3. Any residence is enlarged or the building footprint is altered. E. There is no requirement to place electrical service underground if the wires are not altered or lengthened. F. The City Council may waive the requirement to underground utilities when electrical service is changed if it finds all of the following: 1. The aggregate cost of the building construction does not exceed 50% of the reasonable replacement value of said building prior to such expansion, modification, alteration or repair; and 2. The waiver will not result in a significant change in the existing visual pattern created by existing overhead service lines; and 3. The underground utility requirement would impose undue financial hardship." PASSED AND APPROVED ON THE _TH DAY OF , 2000.. GODFREY PERNELL, D.D.S., MAYOR ATTEST: MARILYN KERN, DEPUTY CITY CLERK ORDINANCE NO. 280 PAGE 2 DRAFT STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Ordinance No. 280 entitled: AN ORDINANCE OF THE CITY OF ROLLING - HILLS TO REQUIRE THAT UTILITIES BE PLACED UNDERGROUND WHEN ANY BUILDING STRUCTURE IS EXPANDED; MODIFIED, ALTERED, OR REPAIRED IN ACCORDANCE ._._WI-TH---EXISTING-POLICY-AND -.. AMENDING TITLE 15 (BUILDINGS & CONSTRUCTION) AND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular' meeting of the City Council on 2000- by -the -following- roll=ca_ll_,vote:---.:...� AYES: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices DEPUTY CITY CLERK ORDINANCE NO.280 PAGE 3 RESOLUTION NO. 2000-12 A RESOLUTION OF THE PLANNING COMMISSION _OF THE CITY OF ROLLING HILLS RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE TO REQUIRE THAT UTILITIES BE PLACED UNDERGROUND WHEN ANY BUILDING STRUCTURE IS EXPANDED, MODIFIED, ALTERED, OR REPAIRED IN ACCORDANCE WITH EXISTING POLICY AND AMENDING TITLE 15 (BUILDINGS & CONSTRUCTION) AND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1. At the March 27, 2000 joint meeting of the _Planning__ Commission and_Ci+y cni,n -i i l}swingydklziatiuns--regarciuig-undergrounding of utilities; `the City -Council requested that the Planning Commission prepare an ordinance, enforced as policy since 1983, requiring that utilities be placed underground during property redevelopment and that under certain conditions the City Council may waive compliance. Section 2. The Planning Commission studied the various options at a public hearing on May 16, 2000. The Commissioners reviewed an ordinance to require that utilities be placed underground for any new building and for any existing building structure when electrical service is changed unless certain conditions are waived by the City Council because an existing policy has been enforced by the City by minute order since August 8, 1983. Section 3. The Planning Commission recommends that the City Council add the following paragraph to Chapter 17.27 (Additional Development Standards) of Title 17 of the Zoning Ordinance of the Rolling Hills Municipal Code to read as follows: "17.27.030 Undergrounding of utilities. All utilities shall be placed underground for any new building structure and for any existing building structure when electrical service is changed unless certain conditions merit a waiver by the City Council in accordance with Section 15.16.040 of the . Rolling Hills Municipal Code." Section 4. The Planning Commission recommends that the City Council add the following paragraphs to Section 15.16.040 of Chapter 15.16 (Electrical Code) of Title 15 of the Buildings & Construction Ordinance of the Rolling Hills Municipal Code to read as follows: "D. Change of electrical service shall require that electrical service be placed underground when: (1) The electrical lines are lengthened or added; RESOLUTION NO. 2000-12 PAGE 1 (2) The electrical service panel is increased or relocated to a different location on the property; (3) Any residence is enlarged or the building footprint is altered. •a E. There is no requirement to place electrical service underground if the wires are not altered or lengthened. F. The City Council may waive the requirement to underground_utilities�_... wlieri electriaThervice✓is changed_if _it_.finds. all-o t e o owing: 1. The aggregate cost of the building construction does not exceed 50% of the reasonable replacement value of said building prior to such expansion, modification, alteration or repair; and y �,:.._,_.._.._.___._Y'Me waiver will not result in a significant change in the existing visual pattern created by existing overhead service lines; and; 3. The underground utility requirement would impose undue financial hardship." PASSED AND APPROVED ON THE 16TH DAY OF ', ; 00.' ALLAN ROBERTS, CHAIRMAN ATTEST: MARILYN KERN, DEPUTY CITY CLERK RESOLUTION NO. 2000-12 PAGE 2 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 2000-12 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE TO REQUIRE THAT UTILI IThS BE PLACED UNDERGROUND WHEN ANY --BUILDING---STRUCTURE—IS EXPANDED, MODIFIED, ALTERED, OR REPAIRED IN ACCORDANCE WITH EXISTING POLICY AND AMENDING TITLE 15 (BUILDINGS & CONSTRUCTION) AND I'I'I"LE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the Planning Commission on May 16, 2000 by the following roll call vote: AYES: Commissioners Hankins, Margeta, Witte and Chairman Roberts.. NOES: None. ABSENT: Commissioner Sommer. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices RESOLUTION NO. 2000-12 PAGE 3 DEPUTY CITY CLERK —Se ... •» 418 P. 1 17 4 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA August 8. 1983 • A regular meeting of the City Couricii of the City of Roiling Stills was called to order at the Adaioistrstfoa Buildimg. 2 Portuguese Bend Road. Rolling Rills. California by Mayor Murdock at 7:30 P.H. Monday, August 8, 1963. • .ROLL CALL PRESENT: ABSENT: Councilmembers ?ieinsheimer. Leeuwenburgh. Pernell Mayor Hiurdock • Councilwoman Sw nsctn (arrived _at_8:10• P.K. ) • ALSO PRESENT: APPROVAL OF MIN171ES Stiff requested that the minutes of the meeting of July 27. 1983 be amended on page 5. Closure of Roads•and Trails to Pedestrians and Cyclists, to reflect that roads and trails will be closed for 24 hours on August 13, 1983 to non-resident pedestrians and cyclists. and that the Sheriff has been notified and will,assist in the temporary closure. • The minutes as ascended were appproved and accepted on a motion made by Councilwoman Leeuwenburgh, seconded'by Councilman Parnell and carried by the following roll mall vote: • ' Ronald Smith Michael Jenkins: L. D. Courtright June Cunniag:bas% Richard Esposito City Msnagsr . City Attorney City Treasurer • F os City Clerk Verdes Peninsula flaws AYES: NOES: ABSENT: PAYMENT OF BILLS . Couaciltmenbers lieinsheimer, Leeusaenburgh. Pernell Mayor Mazdock None • Coimeilwooan S Iianarr. Councilman Heinsheimer moved that Demands No. 11263 through 11285 in the amount of $27,774.63 he approved for payment from the General mod. The motion vas seconded by Councilwoman Lesuwcnburgh and carried by the following roll call vote:. e AYES: Councilmenbers ieiasheimer. Leeuvenburgh. Pernall Mayor Murdock NOES: None 1 t ABSENT: Councilwoman Swanson PURCHASE OF COMPUTER ACCOUNTING SYSTEM 1373 Following discussion of a proposal to purchase a computer account- ing system to be shared by the City and Community Association, Council- man Neinsheimer moved that the City Treasurer be authorised to negotiate for the purchase of the necessary equipment at a price not to exceed $8.000. The motion was seconded by Councilman Peraell and carried by the .following roll call vote: S AYES: Councilmembers fleinsheisaer, Lecuvanburgh. Pernell Mayor Murdock • NOES: None ABSENT: Councilwoman Swanson f'. a 1 • ::::rt I. 1983 •T NOTICE OP VIOLATION, 38 CREST .EAR 1 395 The City Manager reported that.fynds for undergrounding utilities have been deposited with Southern California Edison Company by Mr. . Emmanuel David, owner of property at Z8 Crest Road, but no funds have been deposited with the telephone cotipany. The Manager reoaamended that the matter be held on the agecnda:until the next meeting, and the Mayor so ordered. PROPOSED BURGLAR ALARM ORDINANCE, . L40x • A proposed ordinance prepared by'the City Attorney to bill users for Sheriff's time :pant responding to files burglar alarms was presents to the Council. In discussing the matter members of the Council agreed that their intent was to assess all ooners for response by the Sheriff. not to charge for false alarms only_in excess.o!_tbxee-facie-alaras-in_. — a -twelve -month -period -'iris City Attorney ems requested to modify the proposed ordinance and the matter ►as•hetd on the agenda for future consideration. _ Co M1lr.CLFS rum THE cTTY Oot cn., • r j Councilasn Parnell reported trhat: hs and Mayor Murdock nest tac.ntly .rn with- two members of t:hs PLyin gf.e_Hometneter___' .ssss>cier. -...� representative=of=ebeA oaird=o DirebtfYe of the Rolling Hills Comeunity d�Assoeiati.on to discuss problems ire I the Flying Triangle and proposed remedies. Councilman Bernell sai4 the discussions ere ongoing. Maryor Murdock reported that following that pasting she, the City Manager and Dr. Richard Hoffman representing the y� Tri • Ho:Moa are, mac DOA. Councilman tea Da. of the City offer Rancho Patois Verdes to discuss poseibis formation. of a bezard ab4temenc district. BATTERS FROM THE CZTY 'MANAGER . I -UNDERGROUND UI I7 iTLES . •• T e Manager.reported that in ;response to a request frees a 'resident for clarification of the City's riquiirement for tmdergrounding 'utilitie, he discussed the matter with Bill Magill, Los' Angeles' County Building. inspector. and was advised that tFe City of Rolling Hi1Ts.Estates a policy requires that if' a reel. Os is enlarged'or the footprint of the building is altered. or if there is a' need to Lgoetken lines which pro- vide residential service, utiliti.s sjnrvin the test ence.muse he place underground; if installation of einew p>nn1 does not require leng;thenin the Lines, and if the residence is not enlarged the existing overhead • installation can remain. even whit* a new panel board is installed. Mr. Smith said Dr. Frzdenfeld. 1 Buckboard Lane. is planning to instill an air conditioning aystam which will require a new'board, but is not plan sing to make may other changes in the service, nor to add on to his hoe and he asked that the requirements for placing all utilities serving hi home underground Be waived. Following discussion members.of the Council present agreed that th policy developed by Rolling Hills•Estates should be adopted by the City of Rolling Hills, and the City Mapager was authorized to so inform the Department of Building and Safety of the County Engineer, and Dr. Karl F udenfeld. j SOUND SYSTEM. COUNCIL CHAMBERS I `. The City Manager reported that in response to complaints about the inadequacy of the amplification system in the Council Chambers he has investigated various means of improving the system. Kr. Smith said the amplification can be improved slightly by addition of individual trans- formers on each microphone at a cyst of $27 per microphone, but the nee to project directly into the microphone will continue. Individual.cLi; on microphones which would project the individual voices to the audienc would cost $125 each, and eight to ten would be needed. he said. Councilman ?eraelt said it has been determined that the mixer now in use picks up voices of members of the Council and persons who speak -2- 15.1 1514.120 Uadergrotndiang of utilities. Notvilhaod'mg any pcovisbris of the building code too die contrary: A. Overhead utility services shall not be inhaled. except to supply temporary service pm wed for cos- ptnccti near • B. AU permanent utility services shall be installed Underground services lion service utilities' overhead or underground systems shall be installed 1 conform with tie utility requirements and standards. Utility services may be ice: rued..in rigid nonmetallic. ------=ch it.-or'Emeeed-cable ' �1-lbr d- ons- All mhdergzo d conduits iced on pri- rade pr+opertY must comply with the electrical coder. Cr The city council may waive compliatxas with arty err all provisions of this section if it if all of tthe fol- icwirg: • Thar- nairecitlisir-blending-ii . r .., . J. rep:abed or added to at an aggregate cost which does not exceed fifty pe:haht of the reasonable replacement value af, the building prior to such renova- lion, repair or :Whim; and . 2 rot soh waiver tvr71 not rt;sult in a significant icant change in the existing visual pattern created by exist' overhead service lbietc dad' 3. That imposing the era i _ ,, , ... . would impose ursine financial hardship.. D. Inhere is.a far additional wires from pole to boz, nr if wires and box are relocated to 'differ- ent loca&oq on the ropeity, the service must be but if the wires remain the same, there is no requitement to place than aadergrourhd_ (Ord. 553 1 (patt),1993: prior code 4 1104) 1544.1.341 Violations sad penalties. Section 20ft of the county banding code is adopted in • full and made a part hereof. Such section. reads in full as follow= • (I) Compliance: with Code. A person shall not erect; construct, enlarge,, ram repair, moves. improve, convert. demolish, equip.'use, occupy or maintain arty building or structure or perform any grading ih the City of Rolling Hills Ftrarrc, or cause the same to be done, contrary b, or in violation of any of the .provisions of this code;. (2) Penalty. Any person, firm or corporation violating any of the provisions of this code shall be deemed guilty of a misdemeanor, and each such per- son shall be deemed guilty of a separate offense for each and every day or portion thereof during which 241 any violation continued. orof the ptoti►iuoaa of this .: WO of gay such violation perniitted, and upon pee= tk shall be pe able by a linoof not we than $1,000 or hying meet lbr not i x= than six moths. or by both line and. imprison ((d. 553 1 1 (pan). 1993) Alin` ZELL EEtabrx 7-94 DATE: TO: FROM: • City 0/ R.ifinl SEPTEMBER 20, 2005 • INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377-7288 E-mail: cityo(rh@aol.com HONORABLE MEMBERS OF THE PLANNING COMMISSION YOLANTA SCHWARTZ, PLANNING DIRECTOR APPLICATION NO. SITE LOCATION: ZONING AND SIZE: APPLICANT: REPRESENTATIVE: PUBLISHED: REQUEST ZONING CASE NO. 715 44 CHUCKWAGON ROAD (LOT 21-CF) RA-S-2, 2.35 ACRES (GROSS) DR. AND MRS. MARK MINKES OLYMPIA GREER, ARCHITECT SEPTEMBER 10, 2005 Request for a Variance to permit construction of an addition, which would encroach into the side setback at an existing single family residence. BACKGROUND 1. A special meeting (public hearing) was held earlier tonight at the property to view the proposed project. 2. The applicants propose to construct a 577 square foot addition to the existing 4,222 square foot residence, of which 196 square feet would encroach into the side setback, which requires a Variance. When completed, the residence will be 4,799 square feet with a 649 square foot garage. 3. Due to the fact that this project is in an advanced review stage, staff has prepared a Resolution of Approval tobe considered by the Planning Commission at tonight's meeting. Resolution No. 2005-31 is attached. 4. Fifty-six square feet df the existing residence encroaches up to 6 feet into the side yard. The proposed addition would encroach between 6 and 8 feet into the side setback. A minimum of 96 square foot service yard is required and will be provided. 5. The lot is developed with a 4,222 square foot residence, 649 square foot garage, 1,120 square foot swimming pool, 544 square feet of covered porches and 800 square foot guest house. In 1987 a CUP was granted for the guest house and a Variance was approved by the Planning Commission to construct a 1,075 square foot stable and a riding ring on an adjacent lot, (Lot 22-CF), owned by the same property owners. ZC NO. 715 Pr Q/'n/nS Printed on Recycled Paper • • t 6. The subject lot is the only property on Chuckwagon Road zoned RAS-2 (requiring that the size of the lot be 2 acres minimum and requiring a 35-foot side yard setback). The remaining properties along Chuckwagon Road are zoned RAS- 1. The side setback requirement in the RAS-1 zone is 20-feet from the property line. If the property were zoned RAS-1, no Variance would be required and this addition would be approved administratively. 7. The Rolling Hills Community Association approved the proposed addition, and the Los Angeles County Building and Safety Department reviewed the project under their Plan Check review process. Structural plan, floor plan, roof plan, foundation plan and mechanical plans have also been prepared. Prior to issuance of a building permit for the construction, the County required approval from the City. During the City's review, it was determined that the property is located in the RAS-2 zone and that the proposed addition encroaches into the 35-foot side setback. A Resolution of approval for Commission's consideration was prepared for tonight's meeting. 8. No grading is required for this project. 9. The net lot area of the lot is 87,080 square feet. The structural lot coverage is proposed to be 8,008 square feet or 9.2% of the net lot area, (20% permitted), (currently 8.42%) The total lot coverage including structures and flatwork is proposed at 17,218 square feet or 19.7% of the net lot area, (35% permitted), (currently 19.0%) (These coverages do not include the stable, as the stable is located on an adjacent lot). 10. There are two building pads on the property. The residential building pad is 20,925 square feet and the guest house building pad is 6,000 square feet. The residential building pad coverage is proposed to be 6,249 square feet or 29.9%, which includes 64 square feet of the 544 square feet covered porches, (10% of the proposed size of the house is 480 sq.ft. Therefore, 480 sq.ft. of covered porches is not included in the pad coverage). Currently, the building pad coverage is 5,634 square feet or 26.9%, including the 122 sq.ft. of covered porches, (10% of the size of the existing house is 422 sq.ft., which is not included in the pad coverage). The guest house building pad coverage is 13.3%. The combined coverage is 26.6%. 11. The disturbed area of the lot, not including the stable and access thereto is 28,925 square feet or 33.2% of the net lot area, and will not change, as the proposed addition will be located on an already disturbed area. 12. The adjacent neighbors submitted a letter of support for the addition, which is attached. 13. Responding to the criteria to be satisfied for grant of a Variance for the encroachment, the applicants' representative states, in part, that the pad area is limited and restricted by upslope and downslope conditions around the existing structure and that the addition is proposed on a level land, which does not require grading. Further, the area where the addition is proposed is concealed from ZC NO. 715 Pr Qignms 2 (ij • • neighboring residence by vegetation and grade change and no privacy or view encroachments are encountered. 14. The project has been determined to be categorically exempt pursuant to the California Environmental Quality Act (CEQA). 15. It will be required that all utility lines to the residence be placed underground and that the roof material of the entire roof complies with City and Community Association standards. The Zoning Ordinance calls for utility lines to be placed underground regardless of whether an addition requires Planning Commission approval or is administratively approved. RECOMMENDATION It is recommended that the Planning Commission approve the attached Resolution of Approval granting the Variance, or provide other direction to staff. ZC NO.715 3 03 PC Q/ Ifls ZONING CASE NO. 715 SITE PLAN REVIEW RA-S-2 ZONE SETBACKS Front: 50 ft. from front easement line Side: 35 ft. from property line Rear: 50 ft. from property line STRUCTURES (Site Plan Review required if size of structure increases by at least 1,000 sq. ft. and has the effect of increasing the size of the structure by more than 25% in a 36-month period). STRUCTURAL LOT COVERAGE (20% maximum) TOTAL LOT COVERAGE (35% maximum) BUILDING PAD COVERAGE RESIDENTIAL GUEST HOUSE PAD COVERAGE (30% maximum guideline) GRADING Site plan review required if excavation and/or fill or combination thereof is more than 3 feet in depth and covers more than 2,000 sq. ft., must be balanced on site DISTURBED AREA (40% maximum; any graded building pad area, any remedial grading (temporary disturbance), any graded slopes and building pad areas, and any nongraded area where impervious surfaces exist.) STABLE (minimum 450 sa. ft.) and CORRAL (minimum 550 sa. ft.) STABLE ACCESS ACCESSWAY VIEWS PLANTS AND ANIMALS ZC NO. 715 Pr Qi,nrns EXISTING Single family residence Residence Garage Service Yard Pool Porch Guest House TOTAL 8.42% 19.0% 26.9% 13.3% N/A 4222 sq.ft. 649 sq.ft 0 sq.ft. 1120 sq.ft. 544 sq.ft. 800 sq.ft. 7,335 sq.ft 28,925 sq.ft. or 33.2% Existing on adjacent lot Existing from Chuckwagon I Existing from Chuckwagon N/A N/A PROPOSED Additions, which would encroach into the side setback Residence Garage ServiceYard Pool Guest House Porch 544 sq.ft. TOTAL 4799 sq.ft 649 sq.ft 96 sq.ft 1120 sq.ft. 800 sq.ft. 8,008 sq.ft 9.2% of 87,080 sq.ft. net lot area 19.8% of 87,080 sq.ft. net lot area 6,249 s.f. or 29.9% of 20,925 s.f. pad (includes 64 s.f. of 544 s.f covered porch) 13.3% Combined: 26.6% None 28,925 sq.ft. or 33.2% Existing on adjacent lot No changes I No changes Planning Commission condition IPlanning Commission condition VARIANCE REQUIRED FINDINGS A. That there are exceptional or extraordinary circumstances or conditions applicable to the property that do not apply generally to other properties in the same vicinity and zone; and B. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity and zone but which is denied the property in question; and C. That the granting of such variance will not be materially detrimental to the public welfare or injurious to properties or improvements in the vicinity; and D. That in granting the variance, the spirit and intent of this title will be observed; and E. That the variance does not grant special privilege; F. That the variance is consistent with the portions of the County of Los Angeles Hazardous Waste Management Plan relating to siting and siting criteria for hazardous waste facilities; and G. That the variance request is consistent with the General Plan of the City of Rolling Hills. NEARBY PROPERTIES For information purposes only. (NOTE: ALL ADJOINING DEVELOPED PROPERTIES EXCEPT #3 POPPY TRAIL ARE ZONED RAS-1) ADDRESS !OWNER 3 Poppy Trail (RAS-2) I Jonas 7 Poppy Trail I Lacey 35 Chuckwagon Rd. I Enright 37 Chuckwagon Rd. I Elliott 39 Chuckwagon Rd. I Black 40 Chuckwagon Rd. I Long 38 Chuckwagon Rd. I Horn 36 Chuckwagon Rd. I Huete AVERAGE _ I44 Chuckwagon Rd. I Minkes RESIDENCE LOT AREA In square feet (excl. road) 2,542 116,740 3,354 84,510 4,506 52,054 3,107 65,340 3,131 37,026 3,816 47,505 2,555 46,609 3,444 50,704 3,307 62,560 Existing 4,222 101,843 Proposed 4,799 SOURCE: Assessors' Records/Department of Planning Records The above calculations do not include garages. ZC NO.715 5 PC Qi1nrns From : from home DON,BNANCY B' PHONE No. : 310 377 • 0:8711 City of Rolling Mills Gentlemen: By AUG 3 1 2005 CITY OF ROLLING HILLS .g.31 2005 11:34RM P01 August 3], 2005 Please use this note as my agreement to allow our neighbors Tyr, & Mrs, Mark Minkes 10 proceed with the plans for their kitchen addition. This date, Dr. Miukes reviewed the encroachment aspects of his project with me, and Nancy & I have no objection to this plan. Please let me know if you need anything further from us, in order to expedite this t after. Than h u. Of Donuvitn Bl 39 Chuckw ' Rd. Rolling HI g Nancy Black 39 Chuckwagon Rd. Rolling Hills • g�.�� --Vim•`-��y�� =.a'�T c_ � a- � , R1�.ff�. • ts41sKg..✓ SlDeuc.P 4- G A-ucicktil s c,14 04126--,1- bF iloN) R O M LNG- Via-Ro NCt- RESOLUTION NO. 2005-31 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO PERMIT CONSTRUCTION OF AN ADDITION THAT WOULD ENCROACH INTO THE EAST SIDE YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 715, AT 44 CHUCKWAGON ROAD, (LOT 21-CF), (MINKES). THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, RESOLVE AND ORDER AS FOLLOWS: Section 1. Application was duly filed by Dr. and Mrs. Mark Minkes with respect to real property located at 44 Chuckwagon Road, Rolling Hills (Lot 21-CF) requesting a 577 square foot addition to the existing residence, of which 196 square feet would encroach into the side setback. When completed the residence will be 4,799 square feet with a 649 square foot garage. Section 2. The Planning Commission conducted duly noticed public hearings to consider the application at a field trip on September 20, 2005 and at a regular meeting on September 20, 2005. The applicants were notified of the public hearings in writing by first class mail. Evidence was heard and presented from all persons interested in affecting said proposal and from members of the City staff and the Planning Commission having reviewed, analyzed and studied said proposal. The applicants and their representative were in attendance at the hearings. Section 3. The Rolling Hills Community Association approved the proposed addition, and the Los Angeles County Building and Safety Department reviewed the project under their Plan Check review process. Structural plan, floor plan, roof plan, foundation plan and mechanical plans have also been prepared. Prior to issuance of a building permit for the construction, the County required approval from the City. During the City's review, it was determined that the property is located in the RAS-2 zone and that the proposed addition encroaches into the 35-foot side setback. Section 4. The Planning Commission finds that the project qualifies as a Class 1 Exemption, Existing Facilities, and is therefore categorically exempt from environmental review under the California Environmental Quality Act. Section 5. Sections 17.38.010 through 17.38.050 of the Rolling Hills Municipal Code permit approval of a Variance from the standards and requirements of the Zoning Ordinance when exceptional or extraordinary circumstances applicable to the property and not applicable to other similar properties in the same zone prevent the owner from making use of a parcel of property to the same extent enjoyed by similar properties in the same vicinity. A Variance to Section 17.16.120 is required because it states that every lot in the RAS-2 zone shall have a side yard of not less than 35 feet from the side property line. The applicant is requesting a Variance to encroach between 6 feet to 8 feet into the required 35-foot east side yard setback, for a total of 196 square feet encroachment. With respect to this request for a Variance, the Planning Commission finds as follows: • • A. There are exceptional and extraordinary circumstances and conditions applicable to the property that do not apply generally to the other property or class of use in the same zone because the subject lot is the only property on Chuckwagon Road that is zoned RAS-2 (requiring that the size of the lot be 2 acres minimum and requiring a 35-foot side yard setback). The remaining properties along Chuckwagon Road are zoned RAS-1. The lot size and configuration, together with the existing development on the lot creates a difficulty in meeting the side yard setback Code requirement. The existing residence was built with the residence encroaching up to 6 feet into the side yard setback. B. The Variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property in the same vicinity and zone, but which is denied to the property in question. Strict application of the Zoning Ordinance would deprive the property owner of the right and benefits enjoyed by similarly situated properties in the same vicinity and zone. The encroachment permits the use of the lot to the extent allowed for other properties in the vicinity. The Variance will permit the development of the property in a manner similar to development patterns on surrounding properties and will square off already existing encroachment. C. The granting of the Variance would not be materially detrimental to the public welfare or injurious to the property or improvements in such vicinity and zone in which the property is located. Development in the side yard will allow the remaining portion of the lot to remain undeveloped, would minimize grading and would follow the existing line of encroachment. The area of addition is screened from adjacent property owners and would not impair views. The structural lot coverage and the total impervious lot coverage are within the requirements of the City. The residential building pad coverage is also within the City's guidelines of 30%. Section 6. Based upon the foregoing findings, the Planning Commission hereby approves the Variance in Zoning Case No. 715 to encroach 196 square feet into the east side yard setback with an addition, subject to the following conditions: A. The Variance approval shall expire within two years from the effective date of approval as defined in Section 17.38.070, unless otherwise extended pursuant to the requirements of this section. B. It is declared and made a condition of the Variance that if any conditions thereof are violated, this approval shall be suspended and the privileges granted thereunder shall lapse; provided that the applicant has been given written notice to cease such violation, the opportunity for a hearing has been provided, and if requested, has been held, and thereafter the applicant fails to correct the violation within a period of thirty (30) days from the date of the City's determination. C. All requirements of the Buildings and Construction Ordinance, the Zoning Ordinance, and of the zone in which the subject property is located must be complied with unless otherwise set forth in the Permit, or shown otherwise on an approved plan. Reso. 2005-31 Minkes • • D. The lot shall be developed and maintained in substantial conformance with the site plan on file marked Exhibit A and dated September 7, 2005 except as otherwise provided in these conditions. E. The property on which the project is located contains a stable and corral with access thereto on the adjacent lot, approved in 1987, and it shall remain, subject to conditions of the 1987 approval. F. The property owners shall comply with the requirements of the Lighting Requirements of the City of Rolling Hills, pertaining to lighting on said property. G. The property owners shall comply with the requirements of Section 17.16.190 of the Zoning Ordinance pertaining to roof covering. H. Utility lines serving subject residence shall be placed underground. I. Structural lot coverage shall not exceed 8,008 square feet or 9.2% in conformance with lot coverage limitations. J. Total lot coverage of structures and paved areas shall not exceed 17,218 square feet or 19.8% in conformance with total lot coverage limitations. K. The disturbed area of the lot shall not exceed 28,925 square feet or 33.2% in conformance with disturbed area limitations. L. Residential building pad coverage on the 20,925 square foot residential building pad shall not exceed 6,249 square feet or 29.9%, which includes 64 square feet of the 544 square feet covered porches; coverage on the 6,000 square foot existing guest house building pad shall not exceed 13.3%. M. There shall be no grading for this project. N. The existing topography, flora and natural features of the lot shall be retained to the greatest extent feasible. O. If new landscaping is introduced for this project, the landscaping shall include water efficient irrigation that incorporates low gallonage irrigation system, utilizes automatic controllers, incorporates an irrigation design using "hydrozones," considers slope factors and climate conditions in design, and utilizes means to reduce water waste resulting from runoff and overspray in accordance with Section 17.27.020 (Water Efficient Landscaping Requirements) of the Rolling Hills Municipal Code. Further, landscaping shall be designed using mature trees and shrubs so as not to obstruct views of neighboring properties but to screen the residence. Any new trees and shrubs planned to be planted in conjunction with this project shall, at maturity, not be higher than the ridge height of the residence. P. During construction, dust control measures shall be used to stabilize the soil from wind erosion and reduce dust and objectionable odors generated by Reso. 2005-31 Minkes • • construction activities in accordance with South Coast Air Quality Management District, Los Angeles County and local ordinances and engineering practices. Q. During construction, conformance with local ordinances and engineering practices so that people or property are not exposed to landslides, mudflows, erosion, or land subsidence shall be required. R. During construction, conformance with the air quality management district requirements, stormwater pollution prevention practices, county and local ordinances and engineering practices so that people or property are not exposed to undue vehicle trips, noise, dust, objectionable odors, landslides, mudflows, erosion, or land subsidence shall be required. S. During construction, the property owners shall be required to schedule and regulate construction and related traffic noise throughout the day between the hours of 7 AM and 6 PM, Monday through Saturday only, when construction and mechanical equipment noise is permitted, so as not to interfere with the quiet residential environment of the City of Rolling Hills. T. If a construction fence is erected during construction, it shall not be located in any easement or cross over trails, if any. U. During and after construction, all parking shall take place on the project site and, if necessary, any overflow parking shall take place within nearby roadway easements. V. The property owners shall be required to conform with the Regional Water Quality Control Board and County Public Works Department Best Management Practices (BMP's) related to solid waste. W. During and after construction, all soil preparation, drainage, and landscape sprinklers shall protect the building pad from erosion and direct surface water in an approved manner. X. An above ground drainage system is required by the Drainage Engineer. Such system shall be designed in such a manner as not to cross over any equestrian trails. The drainage system(s) shall not discharge water onto a trail, shall incorporate earth tone colors, including in the design of the dissipater and be screened from any trail and neighbors' views to the maximum extent practicable, without impairing the function of the drainage system. Y. The working drawings submitted to the County Department of Building and Safety for plan check review shall conform to the development plan described in Condition D. Z. The applicant shall execute an Affidavit of Acceptance of all conditions of this Variance pursuant to Section 17.38.060, or the approval shall not be effective. Reso. 2005-31 Minkes • • AA. All conditions of this Variance approval, that apply, must be complied with prior to the issuance of a building permit from the County of Los Angeles. PASSED, APPROVED AND ADOPTED THIS 20th DAY OF SEPTEMBER, 2005. ARVEL WITTE, VICE CHAIRMAN ATTEST: MARILYN KERN, DEPUTY CITY CLERK Reso. 2005-31 Minkes • • STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS) I certify that the foregoing Resolution No. 2005-31 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS GRANTING A VARIANCE TO PERMIT CONSTRUCTION OF AN ADDITION THAT WOULD ENCROACH INTO THE EAST SIDE YARD SETBACK AT AN EXISTING SINGLE FAMILY RESIDENCE IN ZONING CASE NO. 715, AT 44 CHUCKWAGON ROAD, (LOT 21-CF), (MINKES). was approved and adopted at a regular meeting of the Planning Commission on September 20, 2005 by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: and in compliance with the laws of California was posted at the following: Administrative Offices. DEPUTY CITY CLERK Reso. 2005-31 Minkes DATE: TO: ATTN: FROM: SUBJECT: C1tyie0tt�4 �a�P INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377-1521 FAX: (310) 377.7288 E-mail: cityofrh@aol.com Agenda Item No.: 7.A. Mtg. Date: 6/26/2000 JUNE 26, 2000 HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL CRAIG R. NEALIS, CITY MANAGER LOLA M. UNGAR, PLANNING DIRECTOR CONSIDERATION OF PROPOSED ORDINANCE NO. 280: AN ORDINANCE OF THE CITY OF ROLLING HILLS TO REQUIRE THAT UTILITIES BE PLACED UNDERGROUND WHEN ANY BUILDING STRUCTURE IS EXPANDED, MODIFIED, ALTERED, OR REPAIRED IN ACCORDANCE WITH EXISTING POLICY AND AMENDING TITLE 15 (BUILDINGS & CONSTRUCTION) AND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. The purpose of the ordinance is to codify an existing policy regarding the undergrounding of utilities that was approved in 1983 by a minute order of the City Council and enforced by the City since that time to require that when any existing building structure is expanded, modified, altered, or repaired that the utilities be placed underground and that under certain conditions the t City Council may waive compliance. BACKGROUND' At the April 5, 2000 joint meeting of the Planning Commission and City Council, following deliberations regarding the undergrounding of utilities, the City Council requested that the Planning Commission consider an ordinance regarding the undergrounding of utilities in the City of Rolling Hills. On May 16, 2000, the Planning Commission approved attached Resolution No. 2000- 12 with a vote of 4-0. Commissioner Sommer was absent. The purpose of the ordinance is to codify an existing policy regarding the undergrounding of utilities that was approved in 1983 by a minute order of the City Council and enforced by the City since that time to require that when any residence is enlarged or the building footprint is altered or the utility lines lengthened, that the utilities be placed underground and that under certain conditions the City UNDERGROUND UTILITIES PAGE 1 Printed on Recycled Parer. Council may waive compliance. Further, staff has been requiring utilities to be undergrounded when upgraded electrical service is requested. HISTORY OF PROPOSED ORDINANCE On August 8, 1983, Dr. Frudenfeld requested that the City Council clarify the City's requirement for undergrounding utilities because he wanted to install a new panel board to accommodate a new air conditioning system at his residence without lengthening the overhead electrical lines, making any other changes to the service, or adding on to his home. In response to Dr. Frudenfeld's request, the City Council waived his need for undergrounding, and by minute order determined that the policy developed by the City of Rolling Hills Estates should be adopted by the City of Rolling Hills. The minute order policy (attached) has been enforced since 1983. EXISTING ORDINANCE Section 15.16.040, Section 83-1 (Installation, amended.), of the City's Electrical Code reads as follows: "Section 83-1 of the Electrical Code of the City of Rolling Hills is subject to the following exceptions: A. Overhead service shall not be installed except • to supply temporary service used for construction purposes only. B. The wiring between the serving electrical power and communications utilities systems and the premises served and the wiring between separate buildings shall be installed underground. C. Underground services may be installed in rigid, nonmetallic conduit or armored cable approved for underground installationsand shall conform to Public Utilities Requirements and Standards and as approved by the Chief Electrical Inspector." PROPOSED AMENDMENTS TO THE MUNICIPAL CODE Following are pertinent sections of the proposed Ordinance No. 280 in which additions are dash underlined. _ Section 3. The following paragraph is added to Chapter 17.27 (Additional Development Standards) of Title 17 of the Zoning Ordinance of the Rolling Hills Municipal Code to read as follows: "17.27.030 Undergrounding of utilities. All utilities shall be placed underground for any new building structure and for ani existing building structure when electrical service is changed unless certain conditions merita waiver by the City Council in accordance with Section 15.16.040 of the Rolling Hills Municipal Code." UNDERGROUND UTILITIES PAGE 2 Section 4. The following paragraphs are added to Section 15.16.040 of Chapter 15.16 (Electrical Code) of Title 15 of the Buildings &Construction Ordinance of the Rolling Hills Municipal Code to read as follows: "D. Change of electrical service shall require that electrical service be placed underground when: 1. The electrical lines are lengthened or addedi f 2. The electrical service panel is increased or relocated to a different location on the property; 3. Any residence is enlarged or the building footprint is altered. E. There is no requirement to place electrical service underground if the wires arenot altered or lengthened. F. The Citty Council may waive the requirement to underground utilities when electrical service is chan_,ged if it finds all of the following: 1. . The aggreate cost of the building, construction doesnot exceed 50% of the reasonable replacement value of said buildingprior to_such__expansion_, modification, alteration or repair and 2. The waiver will not result in a significant change ' in the existing visual pattern created by existing overhead service lines and 3. The underground utility requirement would impose undue financial hardship." After reviewing the initial study for the proposed ordinance, staff has determined that this ordinance will have no impact on the environment. Based on this finding, staff has determined the proposed ordinance to be categorically exempt as a Class 2 exemption in accordance with Section 15302(d) (Replacement or Reconstruction) of the CEQA Guidelines. RECOMMENDATION It is recommended that the City Council open the public hearing and take public testimony, and consider draft Ordinance No. 280 for first reading. UNDERGROUND UTILITIES PAGE 3 DRAFT ORDINANCE NO. 280 AN ORDINANCE OF THE CITY OF ROLLING HILLS TO REQUIRE THAT UTILITIES BE PLACED UNDERGROUND WHEN ANY BUILDING STRUCTURE IS EXPANDED, MODIFIED, ALTERED, OR REPAIRED IN ACCORDANCE WITH EXISTING . POLICY AND. AMENDING TITLE 15 (BUILDINGS & CONSTRUCTION) AND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES HEREBY ORDAIN AS FOLLOWS: Section 1. At the March 27, 2000 joint meeting of the Planning Commission and City Council, following deliberations regarding undergrounding of utilities, the City Council requested that the Planning Commission prepare an ordinance, enforced: • as = policy- since-1983,:. requiring' that iitilitieg be placed underground during property redevelopment and that under certain conditions . the City Council may waive compliance. Section 2. The Planning Commission studied the various options on May 16, 2000 at a duly authorized public hearing. The Commissioners reviewed and approved Resolution No. 2000-12 an ordinance recommendation to require that utilities be placed underground for any new building and for any existing building structure when electrical service is changed unless certain conditions are waived by the City Council because an existing policy has been enforced by the City by minute order since August 8, 1983. Section 3.. On June 26, 2000 and , 2000, the City Council held a public hearing regarding the proposed ordinance to require that utilities be placed underground . when any building structure is expanded, modified, altered, or repaired in accordance with existing policy. Section 4. Pursuant to the authority and criteria contained in the California Environmental Quality Act (CEQA) and the CEQA Guidelines of the City of Rolling Hills, the Planning staff analyzed the proposed ordinance and concluded that the ordinance will not have the potential for causing a significant effect on the environment. Based on this finding, staff has determined the proposed ordinance to be categorically exempt in accordance with Section 15061(b)(3) of the CEQA Guidelines. The City Council has reviewed the proposed exemption and finds that it represents the independent judgment of the City and is in compliance with CEQA. Based upon this finding, the City Council finds the proposed ordinance categorically exempt in accordance with the CEQA Guidelines. . Section 5. The following paragraph is added to Chapter 17.27 (Additional Development Standards) of Title .17 of the Zoning Ordinance of the Rolling Hills Municipal Code to read as follows: . ORDINANCE NO. 280 PAGE 1 DRAFT "17.27.030 Undergrounding of utilities. All utilities shall be placed underground for any new building structure and for any existing building structure when electrical service is changed unless certain conditions merit a waiver by the City Council in accordance with Section 15.16.040 of the Rolling Hills Municipal Code." Section 6. The following paragraphs are added to Section 15.16.040 of Chapter 15.16\ (Electrical Code) of Title 15 of the Buildings & Construction Ordinance of the Rolling Hills Municipal Code to read as follows: "D. Change of electrical service shall require that electrical service be placed underground when: 1. The electrical lines are lengthened or added; 2. The, electrical service panel is increased or relocatedto. a different - location on the property; 3. Any residence is enlarged or the building footprint is altered. E. There is no requirement to place electrical service underground if the wires are not altered or lengthened. F. The City Council may waive the requirement to underground utilities when electrical service is changed if it finds all of the following: 1. The aggregate cost of the building construction does not exceed 50% of the reasonable replacement value of said building prior to such expansion, modification, alteration or repair; and 2. The waiver will not result in a significant change in the existing visual pattern created by existing overhead service lines; and 3. The underground utility requirement would impose undue financial hardship." PASSED AND APPROVED ON THE _TH DAY OF , 2000. GODFREY PERNELL, D.D.S., MAYOR ATTEST: MARILYN KERN, DEPUTY CITY CLERK ORDINANCE NO. 280 PAGE.2 DRAFT STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS I certify that the foregoing Ordinance No. 280 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS TO REQUIRE THAT UTILITIES BE PLACED UNDERGROUND WHEN ANY BUILDING STRUCTURE IS EXPANDED, MODIFIED, ALTERED, OR REPAIRED IN ACCORDANCE WITH EXISTING POLICY. AND AMENDING TITLE 15 (BUILDINGS & CONSTRUCTION) AND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the City Council on 2000 by the following .roll call vote: AYES: NOES: ABSENT: ABSTAIN: and, in compliance with the laws of California was posted at the. following: Administrative Offices. DEPUTY CITY CLERK . ORDINANCE NO. 280 PAGE 3 RESOLUTION NO. 2000-12 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE TO REQUIRE THAT UTILITIES BE PLACED UNDERGROUND WHEN ANY BUILDING "STRUCTURE IS EXPANDED, MODIFIED, ALTERED, OR REPAIRED IN 'ACCORDANCE WITH EXISTING POLICY AND AMENDING TITLE 15 (BUILDINGS & CONSTRUCTION) AND TITLE 17 (ZONING) OF THE ROLLING HILLS, MUNICIPAL CODE. THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1. At 'the March 27, 2000 joint meeting of the Planning Commission arid City Council, following„ deliberations regarding..undergrounding of= itiiifi s�the t fty Council requested that the Planning Commission prepare an ordinance, enforced as. policy since 1983, , requiring that . utilities be placed underground during property redevelopment and that under certain conditions the City Council may waive compliance. Section 2. The Planning Commission studied the various options at a public hearing on May 16, 2000. The , Commissioners reviewed an ordinance to. require thatutilities be placed underground for any new building, 'and for any existing building structure when electrical service 'is changed'. unless certain conditions are waived by the City Council because an existing policy has been enforced by the City by minute order since August 8, 1983. Section 3. The Planning Commission recommends that the City Council add the . following paragraph to Chapter 17.27 (Additional Development Standards) of Title 17 of the Zoning Ordinance of the Rolling Hills Municipal Code to read as follows: "17.27.030 Undergrounding of utilities. All utilities . shall be placed underground for any new building structure and for any existing building structure when electrical service . is changed unless certain conditions merit a waiver by the City Council in accordance with Section 15.16.040 of the Rolling Hills `Municipal Code." Section 4. The Planning Commission recommends that the City Council add the following paragraphs to Section 15.16.040 of Chapter 15.16 (Electrical Code) of Title 15 of the Buildings & Construction Ordinance of the Rolling ' Hills Municipal Code to read as follows: "D. Change of electrical service shall require that electrical service be placed underground when: (1) The'electrical lines are lengthened or added; RESOLUTION NO. 2000-12 PAGE 1 (2) The electrical service panel is increased or relocated to a different location on the property; (3) Any residence is enlarged or the building footprint is altered. E. There is no requirement to. place electrical service underground if the wires are not altered or lengthened. F. The City Council may waive the requirement to underground utilities when electrical service is changed if it finds all of the following: 1. The aggregate cost of the building construction does not exceed 50% of the reasonable replacement value of said building prior to such expansion, modification, alteration or repair; and - -The-waiver-will l L L i e uli in a significant change in the existing visual pattern created by existing overhead service lines; and 3. The underground utility requirement would impose undue financial hardship." PASSED AND APPROVED ON THE 16TH DAY OF 'v 00. ALLAN ' ROBERTS, CHAIRMAN ATTEST: ci. kwhNJ MARILYN 'KERN, DEPUTY CITY CLERK RESOLUTION NO. 2000-12 PAGE 2 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) §§ CITY OF ROLLING HILLS ) I certify that the foregoing Resolution No. 2000-12 entitled: A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE TO REQUIRE THAT UTILITIES BE . PLACED UNDERGROUND WHEN ANY BUILDING STRUCTURE IS EXPANDED, MODIFIED, ALTERED, OR REPAIRED IN ACCORDANCE WITH EXISTING POLICY AND AMENDING TITLE 15 (BUILDINGS & CONSTRUCTION) AND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. was approved and adopted at a regular meeting of the Planning Commission on May 16, 2000 by the following roll call vote: AYES: NOES: ABSENT: Commissioners Hankins, Margeta, Witte and Chairman Roberts. None. Commissioner Sommer. ABSTAIN: None. and in compliance with the laws of California was posted at the, following: Administrative Offices DEPUTY CITY CLERK RESOLUTION NO. 2000-12 PAGE 3 P. 418 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL CITY OF ROLLING HILLS, CALIFORNIA August 8, 1963 A regular meeting of the City 3ouncii of the City of Rolling Hills was called to order at the Administration Building. 2 Portuguese Bend Road, Rolling Hills, California by Mayor Murdock at 7:30 P.M. Monday, August 8, 1983.. .ROLL CALL PRESENT: Councilmembers Ieinsheimar. Leeuwenburgh, Pernell Mayor Murdock • ABSENT: Councilwoman Swanson (arrived at 8:10 P.N.) ALSO PRESENT: Ronald Smith Michael Jenkins; L. D. CourtrighC June Cunninet a4 Richard Esposito APPROVAL OF MINUTES • City Manager . City Attorney City Treasurer Deputy City Clerk • Palos Verdes Peninsula Hews • • • • ~-- Stnff`requested=thtt=the=stitnite-3 =df-the-aeeti of July z7. 1983 beamended on page 5, Closure of Roads•and Trails to Pedestrians and Cyclists, to reflect that roads and trails will be closed for 24 hours on August 13, 1983 to non-resident pedestrians and cyclists, and that the Sheriff has been notitied and will:assist in the temporary closure. The minutes as amended were approved and accepted on a motion made by Councilwoman Leeuwenburgh, seconded`by Councilman Parnell and carried by the following roll call vote: • ' AYES: NOES: ABSENT: PAYMENT OF GILTS . Councilmembers Heisisheimer. Leeuwenburgh. Parnell Mayor Murdock None Councilwoman Ssins• Councilman Heinsheimer moved that Demands No. 11263 through 11285 in the amount of $27,774.63 be approved for payment from the General Fund. The motion was seconded by Councilwoman Leeuwenburgh and carried by the following roll call vote: _ AYES: Cauacilmembers Heinsheimer. Leeuwenburgh. Pernell Mayor Murdock NOES: None ABSENT: Councilwoman Swanson PURCHASE OF COMPUTER ACCOUNTING SYSTERi 1373 Following discussion of a proposal to purchase a computer account- ing system to be shared by the City and Community Association, Council- man Heinsheimer moved that the City Treasurer be authorised to negotiate for the purchase of the necessary equipment at a price not to exceed $8,000. The motion was seconded by Councilman Pernell and carried by the following roll call vote: AYES: NOES: ABSENT: Councilmembers!Heinsheimer, Leeuwenburgh. Pernell Mayor Murdock None .Councilwoman Swanson Augv t 4. 1983 NOTICE OF VIOLATION 36 CREST ROADIEL6T 1395 The City Manager rsported.that.finds for undergrounding utilities have been deposited with Southern California Edison Company by Mr. . Emmanuel David. owner of property et 38 Crest Road, but no funds have been deposited with the telephone company. The ?Sanger recommended that the matter be held on the agenda:until the next meeting„ and the Mayor so ordered. . PROPOSED BURGLAR ALARM ORDINANCE .1403 414 A proposed ordinance prepared by'the City Attorney to bill users for Sheriff's time spent responding to false burglar alarms was presents to the Council. In discussing the matter members of the Council agreed that their intent was to assess all owners for response by the Sheriff. not to charge for false alarms only is excess of three false alarms in e twelve month period. The City Attorney vas requested to modify the proposed ordinance and the matter ias • held on the agenda for future consideration. . CO,, 'MATTERS FROM THE CITY COUNCIL - ri Councilman Pernsll reported that; hs sad Mayor Murdock net recently .m with -two membersof the Flying Triangle flomeown rs' Association and one __reprotentative_of_tha_Board_of_DirectOra_of-the--Eollima-Hills-Cgs eel}_ ---____-_-- Q Association to aiscuss probioms in th* Flying Triangle and proposed remedies. Councilmen Parnell said the discussions are ongoing. Mayor Murdock reported that following that Meeting she. the City Manager and Dr. Richard Hoffman representing the flying Triangle Homeowners, met with Councilman ten Dyda of the City if Rancho Palos Verdes to discuss possible formation of a hazard abetesent district. HATTERS FROM THE CITY MANAGER UUDERGRDW D UTILITIES' • The Manager.reported that in;response to a request from axes/dent for clarification of the City's rSquixement for undergrounding utlitie± he discussed the matter with Bill Magill, Los,Angeles'County Building Inspector. and was advised that le the City of Rolling Hills Estates a policy requires that if resides s is enlarged'or the footprint of the building is altered. or if there is a need to lines which pro- vide residential service. utilities serving the rani ence.mnst ba place underground; if installation of a•taete panel does not require lengthanin the lines. and if the residence is not enlarged the existing,overhead • installation can remain. even wheO anew panel'board is installed. Mr. Smith said Dr. Frudenfeld. 1 Buckboard Lane, is planning to install as air conditioning system which will require a'new•board. but is not plan ning to make any other changes in the service, nor to add on to bii.a hog and he asked that the requirements for placing all utilities serving hi home underground be waived. Following discussion members -of the Council present agreed that th policy developed by Rolling Hills•Estates should be adopted by the City of Rolling Hills, and the City Manager was authorized to so inform the Department of Building and Safety of the County Engineer. and Dr. Karl Frudenfeld. j SOUND SYSTEM, COUNCIL CHAMBERS I The City Manager reported that in response to complaints about the inadequacy of the amplification system in the Council Chambers he has investigated various means of improving the system. Mr. Smith said the amplification can be improved slightly by addition of individual trans- formers on each microphone at a cyst of $27 per microphone. but the nee to project directly into the microphone will continue. Individual clit on microphones which would project the individual voices to the audienc would cost $125 each, and eight to ten would be needed. he said. Councilman Pennell said it has been determined that the mixer now in use picks up voices of members of the Council and persons who speak -2- 15.04.124 I.04.120 Uadeergranading of utilities. Notwithstanding any provisions of the building code to So coning: • � A. Overhead utility services shall not be masted. except to sapply,. L.II. Y se l 11 iY„i service poles used ftir con. and B. All permanent utility services shall be installed underground. Underground aer/ices horn service utilities` ovatead or underground systems shall be installed to .. means with the utility 1. . ,ants and ambush. Ut0ih1 services may be itWalied, in rigid nonmetallic. conduit. ar armored cable approved for underground installations. All conduits installed oa pri- vate property must comply with the electrical code. rC The city council may waive compliance with any or all provisions of this section if it finds all of de fol. lowiav • -- — - ig= abate d,- reconstructed. repaired or added to at an aggregate cost which does not exceed fifty percent of the reasonable replant value of .the building prrior to such renova- tion. reconstruction. repair or addition; and • 2. That such waiver wall not result in a significant • change in the existing visual pattern created by existing overhead service linern and • 3. That i, li,1M,:g the w _.,�:„ , Eng requirement would impose undue financial banish p,• D. If these is a ne*irement for additional wires from pole to box. or if wires and box are relocated to a differ- ent location on the prppeXty, the service must be wndeigroundcd. but if the wires remain the same. there • is no requirenteat to place them underground. (Ord. 553 g 1 (part). 1993: prior code 9 1104) v 15.04.130 Violations and penalties. Section 208 of the county building code is adopted in - full and made a part hereof. Such section reads in full as follows; (1) Compliance with Code. A person shall not erect, construct, enlarge, alder, repair, move. improve, remove, convert, demolish, equip. use, occupy or maintain any building or structure or perform any grading in the City of Rolling Hills Fcratr,, or cause the same to be done, contrary to, or in violation of any of the provisions of this code. (2) Penalty. Any person, firm or corporation violating any of the provisions of this code shall be deemed guilty of a misdemeanor, and each such per- son shall be deemed guilty of a separate offense for each and every day or portion thereof during which 241 any violation of any of the provisions of this code cominitled, continued, or permitted, and upon cottvio fiat daily such violation such parson still be punish. able by s &le'of not mono than 311000 or by Imprison meat for not inure: than six moats, or by both such Itne sit imprisonment. (Ord. 553 f I (part).1993) Main Riilk Estsza. 7-94) CEO o/ MALS JJ,PP, u._C):<6T, ,l;iLHU +RY 1 c.,5 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (310) 377.1521 FAX: (310) 377-7288 E-mail: cilyofrh@aol.com DATE: MAY 16, 2000 TO: HONORABLE MEMBERS OF THE PLANNING COMMISSION FROM: LOLA M. UNGAR, PLANNING DIRECTOR SUBJECT: CONSIDERATION OF A PROPOSED RESOLUTION RECOMMENDING THAT THE CITY COUNCIL ADOPT A N ORDINANCE TO REQUIRE THAT UTILITIES BE PLACED UNDERGROUND WHEN ANY BUILDING STRUCTURE IS EXPANDED, MODIFIED, ALTERED, OR REPAIRED IN ACCORDANCE WITH EXISTING POLICY AND AMENDING TITLE 15 (BUILDINGS & CONSTRUCTION) AND TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. The purpose of the ordinance is to codify an existing policy regarding the undergrounding of utilities that was approved in 1983 by a minute order of the City Council and enforced by the City since that time to require that when any existing building structure is expanded, modified, altered, or repaired that the utilities be placed underground and that under certain conditions the City Council may waive compliance. BACKGROUND At the April 5, 2000 joint meeting of the Planning Commission and City Council, following deliberations regarding the undergrounding of utilities, the City Council requested that the Planning Commission consider an ordinance regarding the undergrounding of utilities in the City of Rolling Hills. The purpose of the ordinance is to codify an existing policy regarding the undergrounding of utilities that was approved in 1983 by a minute order of the City Council and enforced by the City since that time to require that when any residence is enlarged or the building footprint is altered or the utility lines lengthened, that the utilities be placed underground and that under certain conditions the City Council may waive compliance. Further, staff has been requiring utilities to be undergrounded when upgraded electrical service is requested. UNDERGROUND UTILITIES PAGE 1 ®r'rin4�r1 nn f4,i:Yrjr'C3 I :ru. r following exceptions: HISTORY OF PROPOSED ORDINANCE • On August 8, 1983; Dr. Frudenfeld requested that the City Council clarify the City's requirement for ' undergrounding utilities because he wanted to Install a new panel board to accommodate a new air conditioning system at . his residence without lengthening the, overhead electrical lines, making any other changes to the service, or adding on to his home... In response to Dr. Frudenfeld's request, the City Council . waived his need for undergrounding and by minute order determined that the policy developed by the City of Rolling Hills Estates should be adopted 'by the City of, Rolling Hills. The minute order policy (attached) has been enforced since 1983. EXISTING ORDINANCE Section 15.16.040, Section 83-1 (Installation, amended.), of the City's Electrical Code reads as follows:" "Section 83-1 of the Electrical Code. of the City of Rolling Hills is subject to the A. Overhead service shall ,not be installed except to supply temporary service used for construction purposes only. B. . The wiring between the serving electrical power and communications utilities systems and the premises served and the wiring between separate buildings shall be installed underground. C. ' Underground services may be installed . in rigid, nonmetallic conduit or. armored cable approved . for underground installations and shall conform to Public Utilities Requirements and Standards and as approved by the Chief. Electrical Inspector." PROPOSED AMENDMENTS TO THE MUNICIPAL CODE Following are pertinent sections of the proposed Resolution No. 2000-12 in which additions. are 'dash underlined. Section 3.The Planning: Commission recommends that the City_ Council add the following paragraph to Chapter '17.27 (Additional Development Standards) of. Title 17 of the Zoning Ordinance of the Rolling Hills Municipal Code to read as follows: "17.27.030 Undergrounding, of utilities. All 'utilities shall be placed underground for any new building structure and for any existing building structure when electrical service is changged unless certain conditions merit a waiver by the City Council in accordance with Section 15.16.040 ofthe Rolling Hills Municipal Code." UNDERGROUND UTILITIES PAGE 2 1'= Section 4. The Planning Commission recommends that the City Council add the following paragraphs to Section 15.16.040. of Chapter, 15.16 (Electrical rode) of Title 15 of the Buildings. &.Construction Ordinance of the Rolling Hills Municipal •Code to read as follows: "D. Change of electrical service shall require that electrical service be placed underground when: (1) The electrical lines are lengthened or added.; (.2) The electrical service panel is increased or relocated to a different location on the property= (.3) 'Any residence .is enlarged or the building" footprint is altered. E There is no requirement to place electrical service underground if the wires are not- F. The Cites Council may waive the requirement to underground utilities when 'electrical service is 'chan_ged if it finds all of the following: 1. The aggregate cost of the building construction does not exceed 50% of the reasonable replacement value of said building prior to such .expansion,, modification, alteration or re_pair1 and 2. The waiver will not result in a significant change in the existing visual pattern created by existing overhead service linesL and 3. The underground utility 'requirement would impose' undue financial hardship_. After reviewing the initial study for the proposed ordinance, staff has determined that this ordinance will have no impact on the environment. Based on this . finding, staff has determined the proposed ordinance ' to be categorically exempt as a Class 2 ,exemption in accordance with Section .15302(d) (Replacement or r Reconstruction) of the CEQA Guidelines. RECOMMENDATION It is recommended ; that the Planning Commission open the public hearing, take public testimony, and consider draft Resolution No. 2000-12.. UNDERGROUND UTILITIES. PAGE RESOLUTION NO. 2000-12 A RESOLUTION OF THE PLANNING COMMISSION, OF THE CITY 'OF ROLLING HILLS RECOMMENDING THAT THE CITY :COUNCIL ADOPT AN ORDINANCE TO REQUIRE THAT. UTILITIES BE PLACED UNDERGROUND WHEN ANY BUILDING • STRUCTURE IS EXPANDED, MODIFIED, ALTERED, OR REPAIRED IN ACCORDANCE WITH EXISTING POLICY AND, AMENDING TITLE 15 (BUILDINGS & CONSTRUCTION) AND.. TITLE 17 (ZONING) OF THE ROLLING HILLS MUNICIPAL CODE. THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1. At . the ' March 27, 2000 joint meeting of the Planning Commission and City Council, following deliberations regarding undergrounding of utilities, the City Council requested that the Planning Commission prepare an ordinance, ' enforced as policy since 1983, requiring that utilities be placed underground during property,redevelopment and that under certain conditions the City Council may waive compliance. Section 2. The Planning Commission studied the various options at a public hearing on May 16, .2000. The Commissioners reviewed an ordinance to require that ' .utilities . be placed . underground for any 'new building and for any existing building structure when electrical service is changed unless , certain conditions , are waived by the City Council because an ' existing policy has been enforced by the City by minute order since August 8, 1983. ' Section 3. The. Planning Commission recommends that the City Council add the following paragraph to Chapter 17.27 (Additional . Development Standards) of Title ' 17 of the Zoning Ordinance of the Rolling Hills Municipal Code to read as follows: "17.27.030 Undergrounding of utilities. All, utilities shall ,. be placed underground for anynew building structure and for any existing building structure when electrical service is changed unless certain conditions . merit ' a waiver by the City Council in accordance, with Section 15.16.040 of the Rolling' Hills Municipal Code." Section 4.. The Planning Commission recommends that . the City ' Council add the following paragraphs to Section '15.16.040 of Chapter 15.16 (Electrical Code) of Title 15 of the Buildings. &' Construction Ordinance of, the Rolling Hills Municipal Code to read as follows: "D. Change of electrical serviceshall require that electrical service be placed underground : when: (1) The electrical lines are lengthened or added; RESOLUTION NO. 2000-12.' ' PAGE 1.. (2) The electrical service panel is increased, or relocated to a different location on the property; (3) Any residence is enlarged or the building footprint is altered. E. ' There is no requirement to place electrical service underground if., the wires are not altered or lengthened. F. ; The City Council may waive the requirement to underground utilities when electrical service is changed if it finds all of the following: 1. ' The aggregate cost of the building construction does not exceed 50% of the reasonable replacement value of said building prior to suchexpansion, modification, alteration or repair; and 2. The waiver will not result in a significant change in the existing visual pattern created by existing overhead service lines; and 3.. ' The underground utility requirement would impose undue financial hardship." PASSED AND APPROVED ON THE 16TH DAY .OF0 ALLAN ROBERTS, CHAIRMAN ATTEST: . K 1, N.) MARILYN KERN, DEPUTY CITY CLERK RESOLUTION NO. 2000-12 PAGE '2' . STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS §§ I certify thatthe foregoing Resolution No: 2000-12 entitled: A RESOLUTION OF THE PLANNING COMMISSION,. OF THE CITY OF ROLLING HILLS RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE " TO REQUIRE THAT UTILITIES BE PLACED UNDERGROUND WHEN ANY BUILDING STRUCTURE . IS EXPANDED, MODIFIED, ALTERED, ' OR REPAIRED IN ACCORDANCE WITH EXISTING POLICY AND AMENDING TITLE 15 (BUILDINGS & CONSTRUCTION) AND TITLE 17 (ZONING) OF THE ROLLING :HILLS. MUNICIPAL CODE. was approved andadopted at , ado tedat , meeting of the Planning Commission on May 16, .2000 by the following roll call , AYES:' Commissioners Hankins, Margeta, Witte and.:, Chairman Roberts. NOES: None. ABSENT: ' Commissioner Sommer'. ABSTAIN: None . and in compliance with the laws of California was posted at the following: Administrative Offices . DEPUTY CITY CLERK RESOLUTION NO. 2000-12 PAGE 3'` ,. August 11. 1983 tNOTICE OF VIOLATION. 38 CREST RdA� EAST 1395 • 41:1 The City Manager reported that funds for undergrounding utilities have been deposited with Southern Palifornia Ediaon Company by Mr. . Emmanuel David. owner of property at 38 Crest Road. but no funds have been deposited with the telephone company. The Manager recommended that the matter be held on the aganda.untii the next meeting. and the Mayor so ordered. - PROPOSED BURGLAR ALARM ORDINANCE .1403 A proposed ordinance prepared by'the City Attorney to bill users for Sheriff's time spent responding to false burglar alarms was presents to the Council. In discussing the matter members of the Council agreed that their intent was to assess all oVners for response by the Sheriff. not to charge for false alarms only in excess of three false alarms in a twelve month period. The City Attoiney was requested to modify the - proposed ordinance and the matter was•held on the agenda for future consideration. CO MATTERS FROM THE CITY COUNCIL riCouncilmen Parnell reported that?he and Mayor Murdock met recently m with -two members of the Plying Triangle Homeowners' Association and one representative of the Board of Directors of the Rolling. Hills Community m. -Association- to discuss- problems -in= th4- Flyin.g-Triangle and -proposed 4 remedies. Councilman Permit sai4 the discussions are ongoing. Mayor Murdock reported that following that Meeting she, the City Manager and Dr. Richard Hoffman representing the rlying Triangle Homeowners. met with Councilman Len Dyda of the City of Rancho Palos Verdes to discuss possible formation of a hazard abatement district. HATTERS FROM THE CITY MANAGER UNDERGROUND UTILITIES\-- ' The Manager reported that in res onse to a request from a'resident for clarification of the City's r4quirement for undergrounding utilities he discussed the matter with Bill Magill. Los'Angeles'County Building an Inspector, d vas advised that inthe City of Rolling Hills Estates a policy requires that if•a residence ,s enlarged or the footprint of the building is altered, or if there is a:need to rest lines which pro- vide residential service, utilities serving the ence.mssst be place underground; if installation of a°new panel does not require lssngthenin the lines, and if the residence i* not enlarged the existing overhead installation can remain. even whe a pew panel'boerd is installed. Mr. Smith said Dr. Ftudenfeld, 1 Buckboard Lane. is planning to install an air conditioning system which will require a'new•board. but is not plan ning to make any other changes in the service, nor to add on to his hom and be asked that the requirements for placing all utilities serving hi home underground be waived. Following discussion members.of the Council present agreed that tb policy developed by Rolling Hills'Estates should be adopted by the City of Rolling Hills, and the City Manager was authorized to so inform the Department of Building and Safety•of the County Engineer, and Dr. Karl Frudenfeld. SOUND SYSTEM. COUNCIL CHAMBERS I� The City Manager reported that i;n response to complaints about the inadequacy of the amplification system in the Council Chambers he has investigated various means of improving the system. Mr. Smith said the amplification can be improved slightly by addition of individual trans- formers on each microphone at a cpst of $27 per microphone, but the nee to project directly into the microphone will continue. Individual Olt on microphones which would project the individual voices to the audienc would cost $125 each, and eight to ten would be needed, he said. Councilman Pernell said it has been determined that the mixer now in use picks up voices of members of the Council and persons who speak -2-