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10-23-2018 CC Rpt 17-ri COUNCIL AGENDA STAFF REPORT t�il5 til TO: HONORABLE MAYOR AND CITY COUNCIL DATE: OCTOBER 23, 2018 MEMBERS FROM: CITY MANAGER ITEM NO: 17 SUBJECT: MUNICIPAL CODE AMENDMENT 18MCA04 TO AMEND TITLE 16 OF THE CHINO HILLS MUNICIPAL CODE TO ESTABLISH TIME LIMITS FOR THE USE OF RESIDENTIAL DESIGN REVIEW APPROVALS RECOMMENDATION: Introduce an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, AMENDING TITLE 16 OF THE CHINO HILLS MUNICIPAL CODE, CHAPTER 16.10 RESIDENTIAL DISTRICTS AND CHAPTER 16.20 PLANNED DEVELOPMENT DISTRICT TO ESTABLISH TIME LIMITS FOR THE USE OF RESIDENTIAL DESIGN REVIEW APPROVALS AND FINDING PROPOSED MUNICIPAL CODE AMENDMENT 18MCA04 EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT BACKGROUND/ANALYSIS: In 1998, the City Council adopted Ordinance No. 112 to establish more uniform Design Review procedures and standards to regulate single-family residential development throughout the City. The adopted ordinance expanded the applicability of Design Review requirements to include the proposed construction of custom and tract homes in the City's residential zoning districts in addition to the residential land use areas of the planned developments. Application of the adopted development and design standards was intended to encourage the creation of a varied, interesting, and attractive streetscape. Furthermore, the Design Review application provides an opportunity for the City to ensure that proposed single-family residences provide a high quality external appearance that is in harmony with the designs of existing residences in the neighborhood and surrounding community. Since 1995, the City has received 459 Design Review applications for the development of custom and tract homes. Construction of approved home designs has typically commenced within one -to -two years of the approval of the Design Review application. For some projects, however, construction does not occur within a timely fashion following design approval. Staff estimates that there are approximately 32 Design Review applications, approved by the Planning Commission (Commission), that have not started construction. The earliest such Design Review application was approved in 2000. The Development Code does not stipulate a time limit for Design Review application approvals. Therefore, Design Review approvals that are not constructed remain valid indefinitely, which creates the potential for the approved design to become outdated and disharmonious with the surrounding community. The Municipal Code sets time limits for all other Commission approved applications, including Site Plan Reviews, Conditional Use Permits, and Variances. These time limits vary between one to three years. At the Commission's request, staff initiated this Code change to add time limits to Design Review approvals. 436/454 Review by the Planning Commission At their meeting on August 21, 2018, the Commission received a report from City staff recommending the establishment of a three-year time limit for Design Review approvals; the Community Development Director would be able to grant a one-year extension to the life of the approval. The Commission discussed the appropriate time limit for the use of a residential Design Review approval, applicability to previously approved applications, difference in timing and extensions for custom and tract homes, and differences in the City's proposed provisions and those of other jurisdictions. The Planning Commission continued the public hearing to their meeting on September 18, 2018, by a unanimous vote, 4-0 (Commissioner Adam Eliason was absent), and directed staff to provide additional information regarding: • Surrounding jurisdictions' Design Review requirements, time limits, and extension processes; • The amortization process for Design Reviews that were previously approved but never constructed; and • Perspectives on creating different time limit and extension provisions for custom and tract Design Review approvals. At their meeting on September 18, 2018, the Commission resumed the public hearing and considered additional information provided by staff. As directed in the previous meeting, this additional information addressed the Design Review procedures of surrounding cities, the potential amortization process for previously approved applications, and establishing different time limits for custom and tract home Design Review approvals. The Commission also discussed the process for requesting, considering, and granting extensions. The Commission amended the resolution to clarify the time limit for tract home Design Reviews and to provide a four-year time limit for Design Review approvals without additional extensions. By a vote of 4-1, the Planning Commission adopted the amended resolution recommending to the City Council the adoption of the ordinance approving Municipal Code Amendment 18MCA04; Commissioner Sheran Voigt opposed the adoption of the amended resolution, expressing concern that four years was too long of a time limit for the use of a custom home Design Review approval. Regarding the need for an amortization process, the Commission agreed with staff that there did not appear to be a need at this time, but directed staff report back at a future date to discuss the number and nature of previous Design Review approvals and whether an amortization process should be considered. ANALYSIS The following are the proposed amendments to Title 16 (Development Code) of the Chino Hills Municipal Code to establish a time limit for the use of Design Review approvals. Chapter 16.10 Residential Districts Section 16.10.050 will be amended to add subparagraph 8 to Subsection A to read as follows: 8. Time Limits. a. Applicability. The time limit provisions of this section shall apply to Design Reviews for all single-family detached residential development within the City, unless the development is part of a tract home Design Review, in which case the tract home Design Review will not expire unless otherwise tied to the expiration of the tentative map in which the property is located. b. Use of Approved Design Review Plan. Any approved Design Review Plan 437/454 which is not used within the time specified in the grant of approval or, if no time is specified, within four years of the effective date of such approval, expires at the end of that period. For the purposes of this section, "used" means the commencement of construction activity authorized by the approval. c. Expiration; Appeal. Any applicant disputing the expiration of any Design Review Plan under this section must appeal within ten (10) working days of the expiration date. The appeal must follow the process set forth in Section 16.58.060 of this Code. The appeal must be made to the Planning Commission for permits approved by the Planning Commission, and to the City Council for permits approved by the City Council. Chapter 16.20 Planned Development District Section 16.20.090 will be amended to add Subsection J to read as follows: J. Time Limits. 1. Applicability. The time limit provisions of this section shall apply to Design Reviews for all single-family detached residential development within the City, unless the development is part of a tract home Design Review, in which case the tract home Design Review will not expire unless otherwise tied to the expiration of the tentative map in which the property is located. 2. Use of Approved Design Review Plan. Any approved Design Review Plan which is not used within the time specified in the grant of approval or, if no time is specified, within four years of the effective date of such approval, expires at the end of that period. For the purposes of this section, "used" means the commencement of construction activity authorized by the approval. 3. Expiration; Appeal. Any applicant disputing the expiration of any Design Review Plan under this section must appeal within ten (10) working days of the expiration date. The appeal must follow the process set forth in Section 16.58.060 of this Code. The appeal must be made to the Planning Commission for permits approved by the Planning Commission, and to the City Council for permits approved by the City Council. Public Notice/Public Comments Staff published a public hearing notice in the Chino Hills Champion newspaper on October 13, 2018. As of the writing of this staff report, staff has not received any public comments concerning the proposed Municipal Code Amendment. ENVIRONMENTAL (CEQA) REVIEW: In accordance with the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.), the proposed Ordinance has been determined to be exempt from CEQA for the following reasons: (1) it will not result in a direct or reasonably foreseeable indirect physical change in the environment (14 Cal. Code Regs. § 15060(c)(2)), (2) there is no possibility that the ordinance may have a significant effect on the environment (14 Cal. Code Regs. § 15061(b)(3)), and (3) the Ordinance does not constitute a "project" as defined in the CEQA Guidelines (14 Cal. Code Regs. § 15378). FISCAL IMPACT: There is no fiscal impact associated with the adoption of this Ordinance. 438/454 REVIEWED BY OTHERS: This item has been reviewed by the City Attorney's Office. Respectfully Submitted, Konradt Bartlam City Manager Attachments Ordinance August 21, 2018 Staff Report September 18, 2018 Staff Report Public Hearing Notice Recommended By: Joann Lombardo Community Development Director 439/454 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, AMENDING TITLE 16 OF THE CHINO HILLS MUNICIPAL CODE, CHAPTER 16.10 RESIDENTIAL DISTRICTS AND CHAPTER 16.20 PLANNED DEVELOPMENT DISTRICT TO ESTABLISH TIME LIMITS FOR THE USE OF RESIDENTIAL DESIGN REVIEW APPROVALS AND FINDING PROPOSED MUNICIPAL CODE AMENDMENT 18MCA04 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. In 1998, the City Council adopted Ordinance No. 112 to establish more uniform Design Review procedures and standards to regulate single-family residential development throughout the City. The adopted ordinance expanded the applicability of Design Review requirements to include the proposed construction of custom and tract homes in the City's residential zoning districts in addition to the residential land use areas of the planned developments. Application of the adopted development and design standards was intended to encourage the creation of a varied, interesting, and attractive streetscape. Furthermore, the Design Review application provides an opportunity for the City to ensure that proposed single-family residences provide a high quality external appearance that is in harmony with the designs of existing residences in the neighborhood and surrounding community. b. Since 1995, the City has received 459 Design Review applications for the development of custom and tract homes. Construction of approved home designs has typically commenced within one -to -two years of the approval of the Design Review application. For some projects, however, construction does not occur within a timely fashion following design approval. Staff estimates that there are approximately 32 Design Review applications, approved by the Planning Commission, that have not started construction. The earliest such Design Review application was approved in 2000. c. The Development Code does not stipulate a time limit for Design Review application approvals. Therefore, Design Review approvals that are not constructed remain valid indefinitely, which creates the potential for the approved design to become outdated and disharmonious with the surrounding community. Page 1 of 7 440/454 d. The Municipal Code sets time limits for all other Commission approved applications, including Site Plan Reviews, Conditional Use Permits, and Variances. These time limits vary between one to three years. At the Commission's request, staff initiated this Code change to add time limits to Design Review approvals. To be consistent with other Municipal Code sections and to ensure that Design Review approvals are used within a timely manner, a four-year time limit would be established for Design Review approvals. This would provide a reasonable period of time for the applicant to obtain grading and building permits to start construction. e. On August 21, 2018, the Planning Commission held a duly noticed public hearing to receive oral and documentary evidence from the public regarding the proposed amendments, opened the public hearing, and continued the project to September 18, 2018. The Planning Commission directed staff to survey the practices of surrounding cities, provide information on an amortization process for previous approvals, and elaborate on the effect of the proposed time limits on custom home and tract home Design Review approvals. f. On September 18, 2018, the Planning Commission resumed the duly noticed public hearing to receive oral and documentary evidence from staff and the public regarding the proposed amendments. The Commission adopted a resolution recommending to the City Council the adoption of the proposed Municipal Code Amendment. g. Notice of the public hearing was published in the Chino Hills Champion newspaper on October 13, 2018. h. A duly noticed public hearing before the City Council was conducted on October 23, 2018, 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.) for the following reasons: (1) it will not result in a direct or reasonably foreseeable indirect physical change in the environment (14 Cal. Code Regs. § 15060(c)(2)), (2) there is no possibility that the ordinance may have a significant effect on the environment (14 Cal. Code Regs. § 15061(b)(3)), and (3) the Ordinance does not constitute a "project" as defined in the CEQA Guidelines (14 Cal. Code Regs. § 15378). SECTION 3. As required under Government Code § 65860, the City Council finds that Chino Hills Municipal Code amendments proposed in Municipal Code Amendment 18MCA04 are consistent with the Chino Hills General Plan as follows: Page 2 of 7 441/454 a. The proposed amendment to the Chino Hills Municipal Code conforms to General Plan Goals LU -3, LU -4, and H-2, which require the maintenance and promotion of the character, integrity, and excellence of design of the City's neighborhoods. The proposed amendment would establish time limits for the use of Design Review application approvals, which ensures that approvals are used within a timely manner and reduces the potential for new homes to be constructed in a style that is incompatible with the evolving character of the surrounding neighborhood. New single-family residential homes will provide a high quality external appearance that is in harmony with the designs of existing residences in the neighborhood and surrounding community, which contributes to the maintenance and promotion of the character, integrity, and excellence of design of the City's neighborhoods. SECTION 4. In accordance with Chino Hills Municipal Code § 16.62.040, the City Council makes the following findings of fact: a. FINDING: That the proposed Municipal Code Amendment is consistent with the goals, policies, and objectives of the General Plan. FACT: The proposed amendment to the Chino Hills Municipal Code conforms to General Plan Goals LU -3, LU -4, and H-2, which require the maintenance and promotion of the character, integrity, and excellence of design of the City's neighborhoods. The proposed amendment would establish time limits for the use of Design Review application approvals, which ensures that approvals are used within a timely manner and reduces the potential for new homes to be constructed in a style that is incompatible with the evolving character of the surrounding neighborhood. New single- family residential homes will provide a high quality external appearance that is in harmony with the designs of existing residences in the neighborhood and surrounding community, which contributes to the maintenance and promotion of the character, integrity, and excellence of design of the City's neighborhoods. b. FINDING: That the proposed Municipal Code Amendment will not adversely affect surrounding properties. FACT: The proposed Municipal Code Amendment would establish time limits for the use of Design Review applications approvals, which ensures that approvals are used within a timely manner and reduces the potential for new homes to be constructed in a style that is incompatible with the evolving character of the surrounding neighborhood. Thus, the proposed Municipal Code Amendment intends to preserve neighborhood character and thereby reduce the potential for adverse impacts to existing communities. Page 3 of 7 442/454 SECTION 5. Upon the effective date of this ordinance, Chino Hills Municipal Code § 16.10.050 shall be amended to add Subparagraph 8 to Subsection A to read as follows, while all other items in this section shall remain unchanged: 8. Time Limits. a. Applicability. The time limit provisions of this section shall apply to Design Reviews for all single-family detached residential development within the City, unless the development is part of a tract home Design Review, in which case the tract home Design Review will not expire unless otherwise tied to the expiration of the tentative map in which the property is located. b. Use of Approved Design Review Plan. Any approved Design Review Plan which is not used within the time specified in the grant of approval or, if no time is specified, within four years of the effective date of such approval, expires at the end of that period. For the purposes of this section, "used" means the commencement of construction activity authorized by the approval. c. [Expiration; Appeal.] Any applicant disputing the expiration of any Design Review Plan under this section must appeal within ten (10) working days of the expiration date. The appeal must follow the process set forth in Section 16.58.060 of this Code. The appeal must be made to the Planning Commission for permits approved by the Planning Commission, and to the City Council for permits approved by the City Council. SECTION 6. Upon the effective date of this ordinance, Chino Hills Municipal Code § 16.20.090 shall be amended to add Subsection J to read as follows, while all other items in this section shall remain unchanged: J. Time Limits. 1. Applicability. The time limit provisions of this section shall apply to Design Reviews for all single-family detached residential development within the City, unless the development is part of a tract home Design Review, in which case the tract home Design Review will not expire unless otherwise tied to the expiration of the tentative map in which the property is located. 2. Use of Approved Design Review Plan. Any approved Design Review Plan which is not used within the time specified in the grant of approval or, if no time is specified, within four years of the effective date of such approval, expires at the end of that period. For the purposes of this section, "used" means the commencement of construction activity authorized by the approval. 3. [Expiration; Appeal.] Any applicant disputing the expiration of any Design Review Plan under this section must appeal within ten (10) working days of the expiration date. The appeal must follow the process set forth in Section 16.58.060 of this Code. The appeal must be made to the Planning Commission for permits approved by the Planning Commission, and to the City Council for permits approved by the City Council. Page 4 of 7 443/454 SECTION 7. 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 8. 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 9. 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 10. 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. SECTION 11. 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 12. 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. Page 5 of 7 444/454 SECTION 13. This Ordinance will take effect on the 30th day following its final passage and adoption. PASSED, APPROVED AND ADOPTED this day of , 2018. PETER ROGERS, MAYOR ATTEST: CHERYL BALZ, CITY CLERK APPROVED AS TO FORM: MARK D. HENSLEY, CITY ATTORNEY Page 6 of 7 445/454 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. was duly introduced at a regular meeting held October 23, 2018; and adopted at a regular meeting of the City Council held on the 13th day of November, 2018 by the following vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: CHERYL BALZ, CITY CLERK I hereby certify that the foregoing is the original of Ordinance No. duly passed and adopted by the Chino Hills City Council at their regular meeting held on November 13, 2018, and that summaries of the Ordinance were published on and in the Chino Hills Champion newspaper. CHERYL BALZ, CITY CLERK Page 7 of 7 446/454 PLANNING COMMISSION AGENDA STAFF REPORT •c - Meeting Date: August 21, 2018 Public HeOring: R1 Discussion Item: ❑ Chino Hills Consent Item: ❑ August 14, 2018 Agenda Item No.: 7c TO: CHAIRMAN AND PLANNING COMMISSIONERS FROM: JOANN LOMBARDO, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: MUNICIPAL CODE AMENDMENT 18MCA04 TO AMEND TITLE 16 OF THE CHINO HILLS MUNICIPAL CODE TO ESTABLISH TIME LIMITS FOR THE USE OF RESIDENTIAL DESIGN REVIEW APPROVALS RECOMMENDATION That the Planning Commission adopt a resolution: Recommending to the City Council the approval of Municipal Code Amendment 18MCA04 to amend Title 16 (Development Code) of the Chino Hills Municipal Code to establish time limits for the use of residential Design Review approvals and determining that the Municipal Code Amendment is exempt from review under the California Environmental Quality Act. BACKGROUND/ANALYSIS In 1998, the City Council adopted Ordinance No. 112 to establish more uniform Design Review procedures and standards to regulate single-family residential development throughout the City. The adopted ordinance expanded the applicability of Design Review requirements to include the proposed construction of custom and tract homes in the City's residential zoning districts in addition to the residential land use areas of the planned developments. Application of the adopted development and design standards was intended to encourage the creation of a varied, interesting, and attractive streetscape. Furthermore, the Design Review application provides an opportunity for the City to ensure that proposed single-family residences provide a high quality external appearance that is in harmony with the designs of existing residences in the neighborhood and surrounding community. Since 1995, the City has received 459 Design Review applications for the development of custom and tract homes. Construction of approved home designs has typically commenced within one -to -two years of the approval of the Design Review application. For some projects, however, construction does not occur within a timely fashion following design approval. Staff estimates that there are approximately 32 Design Review applications, approved by the Planning Commission, that have not started construction. The earliest such Design Review application was approved in 2000. The Development Code does not stipulate a time limit for Design Review application approvals. Therefore, approved Design Review applications remain valid indefinitely, 447/454 Meeting Date: August 21, 20' Page: 2 SUBJECT: MUNICIPAL CODE AMENDMENT 18MCA04 — ESTABLISHING TIME LIMITS FOR RESIDENTIAL DESIGN REVIEWS which creates the potential' for the approved design to become outdated and disharmonious with the surrounding community. Architectural design principles and trends in exterior building materials evolve over time. Additions and remodels of the existing homes can change the predominant architectural themes and characteristic design elements of the neighborhood. An architectural design that provided a high quality appearance at the time of its approval may be incompatible with refreshed designs of the surrounding community ten years after such approval. The Municipal Code sets time limits for other Planning Commission approved applications, including Site Plan Reviews, Conditional Use Permits, and Variances. These time limits vary between one to three years. To be consistent with other Municipal Code Sections and to ensure that Design Review approvals are used within a timely manner, staff recommends establishing a three-year time limit for Design Review approvals. The Community Development Director would be able to grant a one-year extension to the life of the approval. This would provide a reasonable period of time for the applicant to obtain grading and building permits to start construction. The following are the proposed amendments to Title 16 (Development Code) of the Chino Hills Municipal Code to establish time limits for residential Design Review applications: Chapter 16.10 Residential Districts Section 16.10.050 will be amended to add a subparagraph 8 to subsection A to read as follows: 8. Time Limits. a. Use of Approved Design Review Pian. Any approved Design Review Plan which is not used within the time specified in the grant of approval or, if no time is specified, within three years of the effective date of such approval, expires at the end of that period. The Community Development Director may extend such approval for a period of time not to exceed one year, provided an application requesting the extension is filed thirty (30) days prior to the original expiration date and the Director determines that the findings set forth in subparagraph 7 of subsection A of CHMC § 16.10.050 continue to apply to the residential Design Review. For purposes of this section, "used" means the commencement of construction activity authorized by the approval. b. [Expiration; Appeal.] Any applicant disputing the expiration of any Design Review Plan under this section must appeal within ten (10) working days of the expiration date. The appeal must follow the process set forth in Section 16.58.060 of this Code. The appeal must be made to the Planning Commission for permits approved by the Planning Commission, and to the City Council for permits approved by the City Council. Chapter 16.20 Planned Development District Section 16.20.090 will be amended to add subsection J to read as follows: J. Time Limits. Use of Approved Design Review Plan. Any approved Design Review Plan 448/454 Meeting Date: August 21, 201F Page: 3 SUBJECT: MUNICIPAL CODE AMENDMENT 18MCA04 — ESTABLISHING TIME LIMITS FOR RESIDENTIAL DESIGN REVIEWS which is not used within the time specified in the grant of approval or, if no time is specified, within three years of the effective date of such approval, expires at the end of that period. The Community Development Director may extend such approval for a period of time not to exceed one year, provided an application requesting the extension is filed thirty (30) days prior to the original expiration date and the Director determines that the residential Design Review continues to meet the criteria set forth in CHMC § 16.20.090. For purposes of this section, "used" means the commencement of construction activity authorized by the approval. 2. [Expiration; Appeal.] Any applicant disputing the expiration of any Design Review Plan under this section must appeal within ten (10) working days of the expiration date. The appeal must follow the process set forth in Section 16.58.060 of this Code. The appeal must be made to the Planning Commission for permits approved by the Planning Commission, and to the City Council for permits approved by the City Council. ENVIRONMENTAL ASSESSMENT In accordance with the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.), the proposed Ordinance has been determined to be exempt from CEQA for the following reasons: (1) it will not result in a direct or reasonably foreseeable indirect physical change in the environment (14 Cal. Code Regs. § 15060(c)(2)), (2) there is no possibility that the ordinance may have a significant effect on the environment (14 Cal. Code Regs. § 15061(b)(3)), and (3) the Ordinance does not constitute a "project" as defined in the CEQA Guidelines (14 Cal. Code Regs. § 15378). PUBLIC COMMENTS The notice of the public hearing for Municipal Code Amendment 18MCA04 was published in the Chino Hills Champion newspaper on August 11, 2018. As of the writing of this report, staff has not received any public comments concerning the proposed Municipal Code Amendment. Respectfully submitted, Prepared by: `j hn Lombardo Community Development Director Attachments: ■ Resolution ■ Public Notice RAackstetter Senior Planner 449/454 PLANNING COMMISSION AGENDA STAFF REPORT .r Meeting Date:__ September 18, 2018 Public Hearing: R Discussion Item: ❑ Chino x<<€s Consent Item: Li September 11, 2018 Agenda Item No.: 7a TO: CHAIRMAN AND PLANNING COMMISSIONERS FROM: JOANN LOMBARDO, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: MUNICIPAL CODE AMENDMENT 18MCA04 TO AMEND TITLE 16 OF THE CHINO HILLS MUNICIPAL CODE TO ESTABLISH TIME LIMITS FOR THE USE OF RESIDENTIAL DESIGN REVIEW APPROVALS RECOMMENDATION That the Planning Commission adopt a resolution: Recommending to the City Council the approval of Municipal Code Amendment 18MCA04 to amend Title 16 (Development Code) of the Chino Hills Municipal Code to establish time limits for the use of residential Design Review approvals and determining that the Municipal Code Amendment is exempt from review under the California Environmental Quality Act. BACKGROUND At their meeting on August 21, 2018, the Planning Commission received a report from City staff regarding the above-mentioned item, a proposal from City staff to establish a time limit for the use of residential Design Review application approvals. This proposal responds to a request by the Planning Commission to consider adding time limits to Design Review approvals. The Municipal Code sets time limits for other Planning Commission approved applications, including Site Plan Reviews, Conditional Use Permits, and Variances. These time limits vary between one to three years. To be consistent with these other entitlement application provisions, staff recommended establishing a three-year time limit for Design Review approvals. The Community Development Director would be able to grant a one-year extension to the life of the approval. The Commission discussed the appropriate time limit for the use of a residential Design Review approval, applicability to previously approved applications, difference in timing and extensions for custom and tract homes, and differences in the City's proposed provisions and those of other jurisdictions. The Planning Commission continued the public hearing to their meeting on September 18, 2018, by a unanimous vote, 4-0 (Commissioner Eiiason was absent), and directed staff to provide additional information regarding: 450/454 Meeting Date: September 18, 2 Page: 2 SUBJECT: MUNICIPAL CODE AMENDMENT 18MCA04 — ESTABLISHING TIME LIMITS FOR RESIDENTIAL DESIGN REVIEWS • Surrounding jurisdictions' Design Review requirements, time limits, and extension processes; • The amortization process for Design Reviews that were previously approved but never constructed; and • Perspectives on creating different time limit and extension provisions for custom and tract Design Review approvals. A N A I Y.1; 1.1; Survey of Surrounding Cities Staff contacted six surrounding cities (Chino, Ontario, Yorba Linda, Brea, Diamond Bar, and San Dimas) regarding their Design Review requirements and procedures. Two of the cities (Ontario and Yorba Linda) do not require a Design Review approval for the construction of one single-family (custom) home. Two other cities (Chino and Brea) process and approve custom home Design Reviews at the staff level. In another two cities (Diamond Bar and San Dimas) custom home Design Reviews are subject to a public meeting. Three cities (Chino, Yorba Linda, and San Dimas) provide a one-year time limit for the use of a Design Review approval, Diamond Bar provides a two-year time limit, and Brea does not impose a time limit on custom home Design Review approvals. Yorba Linda and Diamond Bar require that requests for extensions be considered by their planning commissions. The City of San Dimas reviews extension requests at the staff level. The City of Chino reviews the first two extension requests at the staff level, but any further requests are subject to planning commission approval. All of the surveyed cities require a Design Review approval at a public hearing before their planning commissions for tract home Design Reviews. Three of the cities (Ontario, Yorba Linda, and Brea) tie the approval time limit of the Design Review to the life of the tentative map. Chino and San Dimas impose a one-year time limit for the use of the tract home Design Review approvals and Diamond Bar stipulates a two-year time limit. Staff level review is required by two of the cities for extension requests and one requires extensions to be granted by their planning commission. Diamond Bar requires that requests for extensions be considered by their planning commissions. The City of San Dimas reviews extension requests at the staff level. The City of Chino reviews the first two extension requests at the staff level, but any further requests are subject to planning commission approval. A matrix of the survey results is attached as Exhibit A. Amortization Process Amortizations are typically applied to nonconforming uses or structures, not entitlement approvals. While there is no clear legal precedent for the amortization of previous entitlement approvals, the City Attorney's Office recommends that a process similar to the amortization process established in Section 16.82.050 of the Chino Hills Municipal Code (CHMC) for nonconforming uses and structures be utilized. The City has never utilized this Code section to amortize a nonconforming use or structure. 451/454 Meeting Date: September 18, f 3 Page: 3 SUBJECT: MUNICIPAL CODE AMENDMENT 18MCA04 — ESTABLISHING TIME LIMITS FOR RESIDENTIAL DESIGN REVIEWS Given that there is an investment made by property owners in applying for the Design Review approvals, the City Attorney's office recommends that if the amortization of the previous approvals is desired, the minimum amortization period should be two years. However, each Design Review approval would be considered on its own merits considering the investment made and other factors to determine the appropriate amortization period. The amortization period must be reasonable and commensurate with the investment period. If the amortization period was found to be unreasonably short, it could result in a finding that the City has deprived the property owner of property without due process of law. Once the amortization period was determined for each Design Review approval, notice of the amortization period would be provided to the property owner and an appeal process would be established. Staff does not recommend the amortization of the previously approved Design Reviews for the following reasons: 1. The City has not previously used an amortization process. 2. Staff estimates that in the past ten years there have been fewer than five instances of a new owner building a custom home based upon a Design Review processed by a previous owner more than three years prior. 3. Moving forward, a condition of approval will be added to any new Design Review approvals stating that the new approval supersedes any previously approved Design Review for that property. This condition will ensure that the City's files contain only one approved Design Review for a property. Time Limits for Custom and Tract Design Reviews The proposed Municipal Code Amendment would establish a three-year time limit for the use of a Design Review approval and would authorize the Community Development Director to grant a one-year extension if requested by the applicant. The time limit would be applicable to Design Reviews for all single-family detached residential development within the City, unless the development is part of a tract home Design Review, in which case the tract home Design Review will not expire. This would allow an owner of an undeveloped lot within a tract to use the previously approved Design Review consistent with the neighboring houses rather than force the owner of the undeveloped tot to apply for a new Design Review. ENVIRONMENTAL ASSESSMENT In accordance with the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.), the proposed Ordinance has been determined to be exempt from CEQA for the following reasons: (1) it will not result in a direct or reasonably foreseeable indirect physical change in the environment (14 Cal. Code Regs. § 15060(c)(2)), (2) there is no possibility that the ordinance may have a significant effect on the environment (14 Cal. Code Regs. § 15061(b)(3)), and (3) the Ordinance does not constitute a "project" as defined in the CEQA Guidelines (14 Cal. Code Regs. § 15378). 452/454 Meeting Date: September 18, ? - '9 Page: 4 SUBJECT: MUNICIPAL CODE AMENDMENT 18MCA04 — ESTABLISHING TIME LIMITS FOR RESIDENTIAL DESIGN REVIEWS PUBLIC COMMENTS The notice of the public hearing on August 21, 2018, for Municipal Code Amendment 18MCA04 was published in the Chino Hills Champion newspaper on August 11, 2018, The Planning Commission opened the public hearing on August 21, 2018, and continued it to September 18, 2018. As of the writing of this report, staff has not received any public comments concerning the proposed Municipal Code Amendment. Respectfully submitted, ` c��.� Eye ��� �✓� Joann Lombardo Community Development Director Prepared by: Ryan ackstetter Senior Planner Attachments: ■ Resolution ■ Survey of Surrounding Cities Matrix ■ Planning Commission Staff Report from August 21, 2018 453/454 CITY OF CHINO HILLS NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Chino Hills will hold a public hearing on Tuesday, October 23, 2018, at 7:00 p.m. in the Council Chambers of the City Hall, 14000 City Center Drive, to consider a proposal to amend Title 16 of the Chino Hills Municipal Code, Chapter 16.10 Residential Districts and Chapter 16.20 Planned Development Districts to establish time limits for the use of residential design review approvals. (Municipal Code Amendment 18MCA04) NOTICE IS FURTHER GIVEN that a determination has been made that the adoption of the ordinance associated with proposed Municipal Code Amendment 18MCA04 is exempt from the provisions of the California Environmental Quality Act (CEQA) for the following reasons: (1) it will not result in a direct or reasonably foreseeable indirect physical change in the environment (14 Cal. Code Regs. § 15060(c)(2)), (2) there is no possibility that the ordinance may have a significant effect on the environment (14 Cal. Code Regs. § 15061(b)(3)), and (3) the Ordinance does not constitute a "project' as defined in the CEQA Guidelines (14 Cal. Code Regs. § 15378). Additional information regarding this project is available for public review at the City of Chino Hills Community Development Department, 14000 City Center Drive, Chino Hills, CA 91709 during the following hours: Monday thru Thursday from 7:30 a.m. to 5:00 p.m. and Friday from 7:30 a.m. to 4:00 p.m. NOTICE IS FURTHER GIVEN that if you challenge the above described action in court, you may be limited to raising only those issues you or someone else raised at a public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. ALL INTERESTED PERSONS are invited to be present at the public hearing. All persons may give testimony at the time and place indicated above. Additional information regarding this project may be obtained from Ryan Gackstetter, Senior Planner with the Community Development Department at (909) 364-2749 or rgackstetter@chinohills.org. DATED: October 10, 2018 S/ Cheryl Balz, City Gerk PUBLISH: Chino Hills Champion Saturday, October 13, 2018 454/454 Date: 10-23-18 Cheryl Ba.lz Item No.: 17 From: Gabriel DeLuna <gdeluna@yahoo.com> Distributed after the posting of Sent: Friday, October 19, 2018 2:42 PM the agenda packet To: Community Development -web mail Subject: municipal code amendment Joann, I saw the item on the agenda of the city council for next Tuesday. I believe a one year time limit for Design Review approval for both custom AND tract homes is more appropriate for the City of Chino Hills. How can we change this? Gabriel DeLuna I Meeting date: 1 4.2� 1 q c� c� REQUEST TO SPEAK COMMENTS ARE LIMITED TO 3 MINUTES The Red Light on the podium indicates your time has elapsed NOTE - THIS IS A PUBLIC DOCUMENT SUBJECT TO POSTING ON THE CITY'S WEBSITE. YOU ARE NOT REQUIRED TO PROVIDE PERSONAL INFORMATION IN ORDER TO SPEAK, EXCEPT TO THE EXTENT NECESSARY FOR THE CITY CLERK TO CALL UPON YOU. PLEASE PRINT Name: L-,� ( 5 �"0) � 4 c-,-- � Company/Association/Organization (if Address or Area of Residence (Optional I wish to speak under: 1. PUBLIC COMMENTS SECTION Subject: l 2. AGENDA ITEM NO. I4 Y, /,AVQR OPPOSE i The City Council is interested in your comments. You may address the City Council regarding any item within the subject matter jurisdiction of the City Council, provided no action or discussion may be taken on items not appearing on the agenda unless authorized by law, except the City Council may briefly respond to statements made or questions posed. PLEASE SUBMIT TO CITY CLERK PRIOR TO MEETING Meeting date: ld2311 4 C4 c&o cA REQUEST TO SPEAK COMMENTS ARE LIMITED TO 3 MINUTES The Red Light on the podium indicates your time has elapsed NOTE — THIS IS A PUBLIC DOCUMENT SUBJECT TO POSTING ON THE CITY'S WEBSITE. YOU ARE NOT REQUIRED TO PROVIDE PERSONAL INFORMATION IN ORDER TO SPEAK, EXCEPT TO THE EXTENT NECESSARY FOR THE CITY CLERK TO CALL UPON YOU. PLEASE PRINT Name: Company/Association/Organization (if any): Address or Area of Residence ( I wish to speak under: 1. PUBLIC COMMENTS SECTION 2. AGENDA ITEM NO. FAVOR OPPOSE The City Council is interested in your comments. You may address the City Council regarding any item within the subject matter jurisdiction of the City Council, provided no action or discussion may be taken on items not appearing on the agenda unless authorized by law, except the City Council may briefly respond to statements made or questions posed. PLEASE SUBMIT TO CITY CLERK PRIOR TO MEETING