2019-09.pdf RESOLUTION NO. 2019-09
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ROLLING HILLS GRANTING A VARIANCE FROM THE
REQUIREMENT THAT UTILITY LINES BE PLACED
UNDERGROUND IN CONJUNCTION WITH A CONSTRUCTION
OF AN ADDITION AND MAJOR REMODEL IN ZONING CASE
NO. 957, AT 5 FLYING MANE LANE, ROLLING HILLS (LOT 45-
SF), (WALKER).
THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS
DOES HEREBY FIND, RESOLVE AND ORDF�R AS FOLLOWS:
Section 1. Application was duly filed by Mr. Richard Walker with respect to
real property located at 5 Flying Mane Lane, Rolling Hills (Lot 45-SF) requesting a
Variance to not to underground utility lines on his property, after having made
improvements to the residence including an addition.
Section 2. The Planning Coxrunission conducted duly noticed public hearing
to consider the application at their regular meeting on April 16, 2019 and at a field trip
on the same day. Neighbors within a 1,000-foot radius were notified by mail of the
public hearings and a notice was published in the Peninsula News on Apri14, 2019. The
applicants and their agents were notified of the public hearings. One of the applicant's
agent was in attendance at the hearings. Evidence was heard and presented from a11
persons interested in affecting said proposal, and from members of the City staff. No
one from the public provided input on this project.
Section 3. In February 2013, the property owners received an administrative
approval (over-the counter) for a 992 square foot addition and major renovation to the
residence. In June of 2015 an administrative approval was granted for a new 790 square
foot swimming pool. The applicant has completed the construction and is awaiting final
sign off of the residential structure. Section 17.27.030 of the Zoning Ordinance states in
part that "All utilities servicing the building in question or any residentially zoned
parcel shall be installed underground upon: (B) Remodeling of a primary or accessory
building which entails enlargement of the structure or alteration of the building
footprint, and (D) Relocating or increasing the electrical panel servicing a building or
parcel".
Section 4. The residence is located approximately 20'-25' below the level of
the utility pole from which the applicant is drawing power and cable service, and
currently the utility lines are strung above ground from the pole to the panel located at
the residence. The descending slope from the pole to the residence ranges in slope from
3/4:1 and 1.5:1 gradient and in some areas 1.5:1 to 2:1 gradient.
Section 5. Prior to applying for the variance, the applicant consulted with the
electrical company (Edison), a Geotechnical Engineering firm, a Trenching/Grading
Contractor and an Earth and Mining Contractor for an opinion of whether the slope
could be trenched in order to place the lines underground in the slope. The industry
experts submitted letters with their opinion that it would be a hardship and dangerous
to underground the utility lines below such a steep slope. The geotechnical report found
that there is 1' to 1.5' fill over the slope, and below the fill bedrock of several feet deep
was encoutered. Edison and other utility companies require that the trench for
undergrounding of utility lines be at a minimum 30" deep; a depth where in this case
the bedrock is located. The applicant explored several other alternatives with Edison
Co., such as allowing trenching in a different direction and connecting to the new panel
from a different angle or trenching closer to the surface. These alternatives were rejected
by Edison Co. The letters from Southern California Edison Co., T.I.N. Engineering
Company, Checker Construction Co. and ECM, Earth, Construction and Mining Co. are
on file, in support of the Variance.
Reso.No.2019-09 5 Flying Mane Lane 1
Section 6. The Planning Commission finds that the project is exempt from the
California Envirorunental Quality Action (CEQA) pursuant to Class 1, 14 CCR Section
15301: minor alteration of existing public or private structures, facilities, mechanical
equipment, or topographical features, involving negligible or no expansion of use; and
common sense exemption: 14 CCR Section 15061(b)(3): can be seen with certainty that
there is no possibility that the activity in question may have a significant effect on the
environment.
Section 7. Variance. Sections 17.38.010 through 17.38.050 of the Rolling Hills
Municipal Code permit approval of Variances granting relief from the standards and
requirements of the Zoning Ordinance when exceptional or extraordinary
circumstances applicable to the property prevent the owner from making use of a parcel
of property to the same extent enjoyed by similar properties in the same vicinity or
zone. A variance from the requirements of RHMC Section 17.27.030 (Undergrounding
of utility lines) is being requested to waive the requirement for undergrounding of the
utility lines. With respect to the aforementioned 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 other properties in the
same vicinity and in the same zone. In 2013, the property owners received an
administrative approval (over-the counter) for a 992-square-foot addition to the
residence and major remodel. One of the conditions of the approval was to
underground the utility lines as required by Section 17.27.030 of the Zoning
Ordinance. The applicant consulted with Edison Co. for plans and specification
to underground the utility lines and, upon inspection by an Edison Co. Planner
was advised that the support soil on the surface and visible bedrock below are
of concern for undergrounding. The applicant then consulted a Geotechnical
Engineer, Trenching/grading Contractor and an Earth and Mining Company,
all of which found difficulties with undergrounding. Letters from these
companies are on file and are in support of the Variance. Alternatives were
discussed with the property owner and Edison Co., such as allowing trenching
in a different direction and connecting to the new electrical panel from a
different angle or trenching closer to the surface of the ground. Edison does not
permit this option even if the lines are encased in concrete as was offered. They
can only accept 30" deep trench. All of these alternatives were rejected by
Edison Co. Consequently, strict compliance with the requirements of Section
17.27.030 is simply not feasible on this property.
B. The variance is necessary for the preservation and enjoyment of a substantial
property right possessed by other properties in the same vicinity and zone, but
which would be denied to the property in question absent a variance. The
property owner desires an addition to an existing single-family residence. The
addition is otherwise permissible under the Code. Absent the variance, this
property owner would not be able to remodel the residence in a manner that
would result in enlargement of the structure or alteration of the building
footprint. These are rights that are afforded all other property owners in the
vicinity and zone—rights that should not be denied to this property owner solely
because of the exceptional and extraordinary circumstances discussed herein that
are beyond the owner's control.
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. Currently, the utilities are located on a utility pole
located on subject property, not in roadway easement or a neighboring property.
The lines are only visible from the subject property as they are screened by dense
vegetation, so that no other neighbors see them and they are not detrimental to
the public welfare or injurious to the property or improvements in the vicinity. In
fact, the status quo has been improved somewhat by the upgrading of the utility
Reso.No.2019-09 5 Flying Mane Lane 2
panel. While undergrounding of the utilities would be ideal, the fact that it is
infeasible does not result in a detriment to the public welfare or to any nearby
properties. The Coxnmission has considered the nature, condition, and
development of adjacent uses, buildings, and structures, and the topography of
the area in evaluating this finding.
D. In granting the variance, the spirit and intent of the Zoning Ordinance will be
observed. The purpose of the Zoning Ordinance is to regulate developrnent in
an orderly fashion and in a manner consistent with the goals and policies of the
General Plan. Approval of the variance will not impede any goals of the Zoning
Ordinance or the General Plan. While undergrounding of the utilities would be
ideal, the fact that it is infeasible does not result in infringing on the spirit and
intent of the Zoning Ordinance. Rather, the variance will allow the property
owner to enjoy the same rights and privileges afforded to other property owners
in the vicinity.
E. The variance does not grant special privileges to the applicant. To the contrary,
absent a variance, the property owner would be deprived of the same rights and
privileges afforded to other property owners in the vicinity. Unique
circumstances applicable to the subject property make it infeasible for the
property owner to comply with Section 17.27.030. The applicant's consultants
submitted letters testifying to the infeasibility of trenching for the
undergrounding, due to the location of bedrock, soft fill on the slope, steep
gradient of the hillside between the pole and the residence and presence of
foliage and natural landscape that would be lost if trenching was done.
F. 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. The project site is not listed on the current State of
California Hazardous Waste and Substances Sites List. It will not affect any
existing hazardous waste management facilities.
G. The variance request is consistent with the General Plan. Although the variance
will waive the requirement to underground utility lines, it will allow the
property owner to continue the use of the property. Accordingly, the project is
still in line with the General Plari s requirement of low profile, low-density
residential development and is respectful of maintaing the community's natural
terrain. The proposed project, together with the variance, will be compatible with
the objectives, policies, general land uses, and programs specified in the General
Plan.
Section S. Based upon the foregoing findings, the Planning Commission
hereby approves the Variance in Zoning Case No. 957 not to underground the utility
lines, subject to the following conditions:
A. The approval of the variance applies only in connection with the proposed
project and it does not imply that or prohibit the present or new property owner from
undergrounding the utility lines in the future.
, B. If any condition of this resolution is violated, the entitlement granted by
this resolution shall be suspended and the privileges granted hereunder shall lapse and
upon receipt of written notice from the City, all construction work being performed, if
any, on the subject property shall immediately cease, other than work determined by
the City Manager or his/her designee required to cure the violation. The stop work
order will be lifted once the Applicant cures the violation to the satisfaction of the City
Manager or his/her designee. In the event that the Applicant disputes the City
Manager or his/her designee's determination that a violation exists or disputes how the
violation must be cured, the Applicant may request a hearing before the City Council.
The hearing shall be scheduled at the next regular meeting of the City Council for
Reso.No.2019-09 5 Flying Mane Lane 3
which the agenda has not yet been posted; the Applicant shall be provided written
notice of the hearing. The stop work order shall remain in effect during the pendency
of the hearing. The City Council shall make a determination as to whether a violation of
this Resolution has occurred. If the Council determines that a violation has not occurred
or has been cured by the time of the hearing, the Council will lift the stop work order. If
the Council determines that a violation has occurred and has not yet been cured, the
Council shall provide the Applicant with a deadline to cure the violation; no
construction work shall be performed on the property until and unless the violation is
cured by the deadline, other than work designated by the Council to accomplish the
cure. If the violation is not cured by the deadline, the Council may either extend the
deadline at the Applicant's request or schedule a hearing for the revocation of the
entitlements granted by this Resolution pursuant to Chapter 17.58 of the RHMC.
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 this Permit, or shown otherwise on an
approved plan.
D. The lot shall be developed and maintained in substantial conformance
with the site plan on file marked Exhibit A and dated February 13, 2013 except as
otherwise provided in these conditions.
E. 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.
PASSED, APPROVED AND ADOPTED THIS 21st DAY OF MAY 2019.
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�`--- SEAN CARDENAS,
VICE-CHAIRMAN
ATTEST: f,,�"
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CITY ,ERK �"
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Any action challenging the fi`rial decision of the City made as a result of the
public hearing on this application must be filed within the time limits set forth in
Section 17.54.070 of the Rolling Hills Municipal Code and Code of Civil
Procedure Section 1094.6.
Reso.No.2019-09 5 Flying Mane Lane 4
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ��
CITY OF ROLLING HILLS)
I certify that the foregoing Resolution No. 2019-09 entitled:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROLLING HILLS GRANTING A VARIANCE FROM THE REQUIREMENT
,� THAT UTILITY LINES BE PLACED UNDERGROUND IN CONJUNCTION
WITH A CONSTRUCTION OF AN ADDITION AND MAJOR REMODEL IN
ZONING CASE NO. 957, AT 5 FLYING MANE LANE, ROLLING HILLS (LOT
45-SF), (WALKER).
was approved and adopted at a regular meeting of the Planning Commission on
May 21, 2019 by the following roll call vote:
AYES: CARDENAS,COOLEY AND SEABURN.
NOES: NONE.
ABSENT: KIRKPATRICK.
ABSTAIN: CHAIRMAN CHELF(RECUSED).
and in compliance with the laws of California was posted at the following:
Administrative Off' e .
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-- _ __._ ,
CITY CLERK �_
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Reso.No.2019-09 5 Flying Mane Lane 5
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