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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. _. � l _ j. -�� I' ......... . . . .. .. �`--- SEAN CARDENAS, VICE-CHAIRMAN ATTEST: f,,�" —__� . _ - CITY ,ERK �" � 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 . � -- _ __._ , CITY CLERK �_ �_. Reso.No.2019-09 5 Flying Mane Lane 5 �:y;�.;: �::;: