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Ordinance No. 291 ORDINANCE NO. 291 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA AMENDING THE CHINO HILLS DEVELOPMENT CODE, TITLE 16, AMENDING CHAPTER 16.06 GENERAL DEVELOPMENT STANDARDS AND CHAPTER 16.10 RESIDENTIAL DISTRICTS TO ESTABLISH SECOND STORY MASSING GUIDELINES FOR SINGLE-FAMILY RESIDENCES AND FINDING DEVELOPMENT CODE AMENDMENT 15DCA01 EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO HILLS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council does hereby make the following findings of fact: a. The Planning Commission conducted three public workshops to discuss the potential for existing single-family residential neighborhoods to be redeveloped with homes that are boxy and negatively impact the aesthetic appearance of the neighborhood. As the community ages, there is some potential for single-family houses to redevelop with larger and boxier forms than currently exist. Houses with boxy second story elements could negatively impact the aesthetic appearance of the neighborhood and, over time, change the character of the community. b. During the public workshops, the Planning Commission identified potential impacts of this type of redevelopment and explored several approaches to addressing these impacts. The Planning Commission directed staff to develop a second story setback to address these concerns without unduly burdening smaller properties. c. Based upon the direction and input from the Planning Commission, City staff developed a three-tiered second story setback approach based upon lot width. Establishing a second story setback for single-family residences would reduce the potential for the redevelopment of these residences with large, boxy structures. Lot width was identified as an appropriate basis for determining the appropriate second story setback standards as lot width directly affects a house's proximity to its neighbors and appearance from the adjacent street. d. On April 7, 2015, the Planning Commission held a public hearing to review the proposed second story setback approach and receive public testimony. The Commission discussed the potential design limitations and financial burden that the second story setback approach could impose Page 1 of 7 upon single-family residential property owners. Continuing the hearing, the Commission directed staff to explore alternative approaches that provide more flexibility, achieve the Commission's intent to prevent the visual impact of boxy design and massing of structures at the front setback, provide staff with the authority to require residential designs to achieve the intent, and provide a mechanism to consider requests to accommodate special circumstances. e. Pursuant to the direction and input of the Planning Commission, staff developed second story massing guidelines to address the concerns identified by the Planning Commission, while retaining flexibility for property owners. f. On July 21, 2015, the Planning Commission held a public hearing to receive oral and documentary evidence from the public, regarding the proposed amendments. By unanimous vote, 4-0-1 (Commissioner Bristow was absent), the Planning Commission adopted a resolution recommending to the City Council the approval of Development Code Amendment 15DCA01 to establish second story massing guidelines for single-family residential properties and recommending that the City Council find the Development Code Amendment exempt from the provisions of the California Environmental Quality Act. g. A duly noticed public hearing before the City Council was conducted on August 11, 2015, at which time all interested persons were given an opportunity to testify in support of, or in opposition to the project. SECTION 2. The City Council finds that this ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA regulations (Title 14 California Code of Regulations §§ 15000, et seq.) because it establishes standards intended to reduce the potential visual impact of new homes or additions to existing homes being built up to the setbacks, creating a boxy and visually crowded appearance. This ordinance, therefore, does not have the potential to cause significant effects on the environment. Further, it is categorically exempt from further CEQA review under Cal. Code Regs. Title 14, §§ 15301, 15303, and 15308 because the proposed regulation will lessen the impacts of minor alterations to existing facilities and new construction, and is a regulation that will enhance the protection of the aesthetic environment. SECTION 3. As required under Government Code § 65860, the Chino Hills Development Code amendments proposed in Development Code Amendment No. 15DCA01 are consistent with the Chino Hills General Plan as follows: a. The proposed amendment to the Chino Hills Development Code conforms to General Plan Goals LU-2, LU-3, and LU-4 in that the amendment ensures that development standards reflect current market trends and Page 2 of 7 community needs, maintain the character and quality of existing neighborhoods, and promote a high quality of design. SECTION 4. In accordance with Chino Hills Development Code § 16.62.040, the City Council makes the following findings of fact: a. FINDING: That the proposed Development Code Amendment is consistent with the goals, policies and objectives of the General Plan. FACT: The proposed amendment to the Chino Hills Development Code conforms to General Plan Goals LU-2, LU-3, and LU-4 in that the amendment ensures that development standards reflect current market trends and community needs, maintain the character and quality of existing neighborhoods, and promote a high quality of design. b. FINDING: That the proposed Development Code Amendment will not adversely affect surrounding properties. FACT: That proposed Development Code Amendment would be effective citywide and is intended to prevent the potentially adverse effects of the redevelopment of single-family residences with large, boxy structures from adversely impacting the surrounding properties. SECTION 5. The Chino Hills Development Code § 16.06.130 is amended to read as follows: "16.06.130 General design compatibility and enhancement. A. Any new building or structure, any addition to an existing building or structure, and installation or construction of any site improvements shall be designed to create a unified functional and comprehensive Site Plan. The improvements shall have an integrated architectural theme that is compatible with and will complement and enhance the subject and surrounding properties, as determined by the Community Development Director or designee. B. Any new single family dwelling or addition to an existing single family dwelling that creates or modifies a second story element, shall be designed to complement and enhance the subject and surrounding properties and to have appropriate treatments for second story elements oriented towards a street including front, side, and rear elevations that provide visual relief and avoid an uninterrupted flat wall from ground floor to second story, as determined by the Community Development Director or designee. C. Single-family detached residential development in all residential districts and for all residential uses in a PD district or an existing PD shall be subject to design review as set forth in Section 16.10.050, Residential design guidelines, of this Code, prior to or concurrently with: (1) approval of a tentative tract or parcel map pursuant to the division of land uses proceeding Page 3 of 7 in Appendix D of this Code, (2) approval of a preliminary development plan pursuant to Chapter 16.74 of this Code, (3) approval of a final development plan pursuant to Chapter 16.74 of this Code, or (4) submittal of architectural plans for the issuance of any building permits (with the exception of grading permits, which may be issued prior to the completion of the design review process), at the landowner's option. For residential subdivisions which have been subdivided by a master builder or developer for the purpose of constructing a unified subdivision, new units constructed within that subdivision shall be compatible in design with the units constructed during the earlier phases. (See also Chapter 16.20, Planned Development District, for standards related to the design of residential developments constructed in the PD - Planned Development zoning district. An applicant requesting approval of a single-family detached residential development in a PD zoning district may elect to undergo review pursuant to Chapter 16.20 concurrently with the review required pursuant to Section 16.10.050.)" SECTION 6, The Chino Hills Development Code § 16.10.050.A.6.a is amended to read as follows: "a. An application shall be filed pursuant to the provisions of Section 16.10.050(A)(5) and Section 16.58.020 (Application Procedures) of the Development Code. The Community Development Director or his or her designee shall review the residential design review application for completeness and conformance with the provisions of this Development Code. Upon the determination that the application is complete and the completion of the environmental review, the Director shall prepare a recommendation and forward the recommendation, the application, and any other relevant materials to the Planning Commission Secretary within the timeframe specified in Government Code Section 65950. The Secretary shall schedule the matter for consideration concurrently with the approval of the tentative tract or parcel map, preliminary development plan, final development plan, or if none of the above are applicable at the next regularly scheduled Planning Commission meeting for which it is practical to provide the required notice. The Community Development Director or designee shall provide notice to all contiguous property owners of the design review and the scheduled Planning Commission meeting ten (10) days prior to the meeting. At the Planning Commission meeting, the applicant and all other persons shall have the right to present testimony and evidence on any relevant aspect of the application under consideration." SECTION 7. The Chino Hills Development Code § 16.10.050.C.1 is amended to read as follows: "1. Building Massing/Scale and Style. a. Massing/Scale. Mass is the three dimensional bulk of a structure: its height, width, and depth. Scale is the size and magnitude of a structure Page 4 of 7 as distinguished from its shape, which is the form of a building created by its outline. The mass and scale of a building should relate to its use as a single-family residence. Each residence should be designed at a human scale so as not to overwhelm or dominate its surroundings. b. Second Story Massing Guidelines: i. The second story of a house shall, wherever feasible, exhibit a lighter mass and scale than the base, by reducing floor area and/or building mass. ii. Second story wall planes oriented towards a street, including front, side, and rear elevations, shall be varied and articulated to reduce the overall massing and scale, and to avoid an uninterrupted flat wall from the ground floor to the second story. c. Style. There is no particular architectural "style" required for single- family residences. Rather, the focus is to be on developing a high quality residential environment, a neighborhood. The appearance of the houses, including their architectural style, should be compatible with the character of the neighborhood, including harmonious and unified style, form, size, color, material, and roofline. However, each of the individual houses should be distinguishable from one another. The mixing of various elements from distinctly different architectural styles should be avoided. The creation of houses with a classic and/or vintage style using scale, proportion, and materials is encouraged so as to create a strong sense of place." SECTION 8. Upon the effective date of this Ordinance, the provisions hereof shall supersede any inconsistent or conflicting provisions of the San Bernardino County Code as the same were adopted by reference by City Ordinances Nos. 91-01 and 92-02. SECTION 9. If any part of this ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 10. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council's intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance. SECTION 11. Repeal of any provision of the Chino Hills Municipal Code does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this ordinance. Page 5 of 7 SECTION 12. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the Chino Hills Municipal Code or other city ordinance by this Ordinance will be rendered void and cause such previous Chino Hills Municipal Code provisions or other city ordinances to remain in full force and effect for all purposes. SECTION 13. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Chino Hills' book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. SECTION 14. This Ordinance will take effect on the 30th day following its final passage and adoption. PASSED, APPROVED AND ADOPTED this 8th day of September , 2015. dAtn CYNTHIA KORAN, MAYOR ATTEST: Oh CHERYL BAL4'C:ITY CCK APPROVED AS TO FORM: MARK D. HENSLEY, OITY'ATTOIAtEt Page 6 of 7 STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ) ss CITY OF CHINO HILLS I, CHERYL BALZ, City Clerk of the City of Chino Hills, DO HEREBY CERTIFY that Ordinance No. 291 was duly introduced at a regular meeting held August 11, 2015; and adopted at a regular meeting of the City Council held on the 8th day of September, 2015 by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: MORAN, BENNETT, GRAHAM, MARQUEZ, AND ROGERS. NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE 40444,11P CHERYL BALZ, CITYG'LE'R} (SEAL) I hereby certify that the foregoing is the original of Ordinance No. 291 duly passed and adopted by the Chino Hills City Council at their regular meeting held on September 8, 2015 and that Summaries of the Ordinance were published on August 29, 2015 and September 12, 2015 in the Chino Hills Champion newspaper. Imo ; CHERYL BALZ, CITY'Ct_ERK (SEAL) 7 of 7 AFFIDAVIT OF POSTING STATE OF CALIFORNIA CITY OF CHINO HILLS ) §. COUNTY OF SAN BERNARDINO ) CHERYL BALZ, being first duly sworn, deposes and says: That she is the duly appointed and qualified City Clerk of the City of Chino Hills; That in compliance with the State laws of the State of California, a certified copy of the full text of proposed Ordinance No. 291, being: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA AMENDING THE CHINO HILLS DEVELOPMENT CODE, TITLE 16, AMENDING CHAPTER 16.06 GENERAL DEVELOPMENT STANDARDS AND CHAPTER 16.10 RESIDENTIAL DISTRICTS TO ESTABLISH SECOND STORY MASSING GUIDELINES FOR SINGLE-FAMILY RESIDENCES AND FINDING DEVELOPMENT CODE AMENDMENT 15DCA01 EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT attached hereto and made a part hereof, was caused to be posted in the Office of the City Clerk. Dated this 8th of September, 2015. 4r-40taw CHERYL BALI, CI1YCLERK (SEAL) PROOF OF PUBLICATION STATE OF CALIFORNIA County of San Bernardino 1 am citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled mat- ter. I am the principal clerk of the publisher of the CHINO CHAMPION, a newspaper of general circulation, print- ed and published weekly in the City of Chino, County of San Bernardino, and which newspaper has been adjudged a newspaper of general circulation by the Su- perior Court of the County of San Bernardino, State of California, under the date of August 5, 1952, Case Number 73453; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: September 12 all in the year 2015 I certifiy (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Chino, California, this 12th day of September I Signature Lynn Conner p#gf - till LTA r V nf"Z ,f SEE 16 2015 AC,Cril q i fq! f ABLE Champion Serving the Chino Valley and Chino Hills 9th & D Streets • P.O. Box 607 Chino, California 91708 Phone: (909) 628-5501 Adjudicated August 5, 1952 Case No. 73453 This space is for the County Clerk's Filing Stamp PUBLIC NOTICE OF ADOPTION OF CITY OF CHINO HILLS ORDINANCE NO. 291 NOTICE IS HEREBY GIVEN that on September 8, 2015, the City Council of the City of Chino Hills adopted Ordinance No. 291 entitled; AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA AMENDING THE CHINO HILLS DEVELOPMENT CODE, TITLE 16, AMENDING CHAPTER 16.06 GENERAL DEVELOPMENT STANDARDS AND CHAPTER 16.10 RESIDENTIAL DISTRICTS TO ESTABLISH SECOND STORY MASSING GUIDELINES FOR SINGLE-FAMILY RESIDENCES AND FINDING DEVELOPMENT CODE AMENDMENT ISDCA01 EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT. The Ordinance amends Title 16 of the Chino Hills Municipal Code, Chapter 16,06 General Development Standards and Chapter 16.10 Residential Districts to address concerns about the second story massing and the construction of homes with a boxy appearance through the establishment of guidelines addressing the architectural design and massing for the second story of homes within the single-family residential zoning districts. . Ordinance No. 291 was adopted by the City Council by the following vote: Ayes: Moran, Bennett, Graham, Marquez,Rogers Noes; None A certified copy of the full text of Ordinance No. 291 is available for review in the office of the City Clerk, City of Chino Hills, 14000 City Center Drive, Chino Hills. DATED: September 10, 2015 s/CHERYL BALI, CITY CLERK PUBLISH: Chino Hills Champion September 12, 2015 760-15