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11-13-2018 CC Rpt 16Page 1 of 7 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that are not constructed remain valid indefinitely, which creates the potential for the approved design to become outdated and disharmonious with the surrounding community. Date: 11-13-18 Item No.: 16 101/211 Page 2 of 7 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: 102/211 Page 3 of 7 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. 103/211 Page 4 of 7 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. 104/211 Page 5 of 7 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. 105/211 Page 6 of 7 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 106/211 Page 7 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.___ was duly introduced at a regular meeting held October 23, 2018; and adopted at a regular meeting of the City Council held on the ____ day of ___________, 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 _____________ 2018, and that summaries of the Ordinance were published on __________ and __________ in the Chino Hills Champion newspaper. ________________________________ CHERYL BALZ, CITY CLERK 107/211