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Ordinance No. 238 ORDINANCE NO. 238 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA AMENDING TITLE 16, CHAPTER 16.06 GENERAL DEVELOPMENT STANDARDS, CHAPTER 16.09 NON-RESIDENTIAL DESIGN GUIDELINES, AND APPENDIX A OF THE MUNICIPAL CODE PERTAINING TO COMMERCIAL OUTDOOR PATIOS. 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 project proponent, the City of Chino Hills, requested approval of a Negative Declaration and Development Code Amendment 10DCA03 for the amendments to Chapter 16.06 "General Development Standards," Chapter 16.09 "Non-Residential Design Guidelines," and Appendix A of the Municipal Code for Commercial Outdoor Patios. b. The applicant proposes a Development Code Amendment 10DCA03 for Title 16 Development Code to amend Chapter 16.06 "General Development Standards," Chapter 16.09 "Non-Residential Design Guidelines," and Appendix A specifically by adding requirements, standards and locations where commercial outdoor patios can locate and operate within the City, The purpose of the project is to provide opportunities for uses, such as restaurants to construct outdoor patios that can encroach into the side and front yard setbacks subject to a conditional use permit. c. In accordance with the California Environmental Regulations, Title 14, Section 15000 et seq., and the rules, regulations, and procedures for implementing the California Environmental Quality Act (CEQA) Guidelines as adopted by the City of Chino Hills, a determination has been made that the proposed project will not have a significant impact on the environment, and a Negative Declaration (ND) is recommended for approval. The Draft Negative Declaration was available for public comments from May 8, 2010 thru June 1, 2010. d. The Planning Commission reviewed the proposed project on June 1, 2010 and recommended approval of the project to the City Council. The Planning Commission revised Commercial Outdoor Guideline No. 1 to include the following at the end of the sentence, "or as modified by the Planning Commission based on compatibility of the neighboring residential uses and the results of the acoustical analysis findings". 1 e. A duly noticed public hearing before the City Council was conducted on June 22, 2010, at which time all interested persons were given an opportunity to testify regarding in support of, or in opposition to the project. SECTION 2. With regard to the approval of this Development Code Amendment (10DCA03), based upon oral and written testimony and other evidence received at the public hearing held for this item, and upon studies and investigations made by the City Council and on its behalf, the City Council does further find, pursuant to Section 16.62.040 of the Development Code, as follows: (a) FACT: That the proposed Development Code Amendment is consistent with the goals, policies and objectives of the General Plan. FINDING: Development Code Amendment 10DCA03 will amend the Municipal Code, including the Development Code to provide development standards which will allow commercial outdoor patios to encroach into the side and front yard setbacks by a maximum of 15' (minimum of 10' landscape area from property line to the outdoor patio). Chapter 16.09 Non-Residential Design Guidelines will provide development standards that are required with the development of an outdoor patio, such as hours of operation, noise level standards, acoustical study requirements if located adjacent to residential uses, and architectural requirements (i.e. wall or fence). Appendix A adds a new use "Outdoor Commercial Patio" and allows them to be permitted with the approval of a Conditional Use Permit in the General Commercial, Neighborhood Commercial, Freeway Commercial, Commercial Recreation, Business Park, Light Industrial, Private Institutional and Public Institutional zoned properties. The Development Code Amendment will provide a more diversified economic base for all residents, which is consistent with the goals, policies, and objectives of the General Plan (Major Goal 3). (b) FACT: That the proposed Development Code Amendment will not adversely affect surrounding properties. FINDING: That proposed Development Code Amendment is a citywide Development Code Amendment that provides development code standards and requirements for outdoor patios to ensure that the health, safety, and welfare of the surrounding properties is not affected. SECTION 3. The Development Code is hereby amended as follows: (a) Section 16.06.070, The Architectural Projections and Open Patio standards and Notes j and k for Table 1 below, shall be amended as follows. All other items in the table and notes for Table 10-1 remain the same. 2 Table 10-1. Maximum Permitted Projections into Required Yard Areas Front and Interior Side Street Side Yards and Yards Rear Courts Maximum Projection Feature Maximum Maximum Above Height Limit Maximum Projection Projection Projection Into Into Rear Into Side Yard Area (a) Yard Area Yard Area (a) Patios, Commercial Maximum N/A N/A N/A Outdoor° projection into front and street side setback is 15'0"(k) Notes for Table 10-1: Note (j) See Chapter 16.09.100 for requirements and standards. Note (k) A minimum of 10'-0" of landscaped area measured from the property line to the patio shall be provided. (b) Section 16.09.100 of Title 16, Chapter 16.09 of the Chino Hills Development Code is added to read as follows: "Commercial Outdoor Patio Guidelines" 1. The hours of operation for the outdoor patio shall be between 7 a.m. and 10 p.m. everyday or as modified by the Planning Commission based on compatibility of the neighboring residential uses and the results of the acoustical analysis findings. 2. The noise levels of the outdoor patio shall be in compliance with the City's Noise Standards. 3. If the outdoor patio is located adjacent to a residential use, an acoustical analysis shall be required to demonstrate the proposed outdoor patio will comply with the City's Noise Standards (CHMC 16.48.020). 4. The outdoor patio shall be encompassed by a decorative wall or fence, not exceeding three feet in height unless a taller height is required by the approved acoustical analysis. The style of the wall/fence shall complement the architecture of the building. 5. Outdoor lighting shall be provided for the patio area, and comply with CHMC 16.48.040. 6. The outdoor patio shall be kept clean at all times. 3 7. Construction and operation of the outdoor patio shall comply with the National Pollutant Discharge Elimination System (NPDES) permit. 8. The applicant shall not convert required on-site parking spaces into an outdoor patio area. The outdoor patio shall be required to comply with Chapter 16.34 Parking and Loading and a shared parking analysis may be required by the Community Development Director to demonstrate sufficient parking spaces during peak hours. (c) Appendix A, Regulation of Uses by Zoning District, of the Chino Hills Development Code, is hereby amended to add to the Conditional Use Permit in the CN, CF, CG, CR, BP, 11 and 12 Zoning Districts the land use "Outdoor Commercial Patios, Encroaching into Setback." SECTION 4. The City Clerk shall certify as to the adoption of this ordinance and shall cause the summary thereof to be published within fifteen (15) days of the adoption and shall post a certified copy of this Ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code Section 36993, for the City of Chino Hills. SECTION 5. This Ordinance shall become effective thirty (30) days after the date of its adoption. PASSED, APPROVED AND ADOPTED this 13th of July, 2010. W.C. "BILL" KRUGER, MAYOR ATTEST: A101111.44,..-= • Mk .di-s...L.P 111. 11111 MARY M. 1 A DUFFEE, CITY CLERK,�� APPROVED AS TO FORM: �� 1 MARK D. HENSLEY, CITY ATTORNEY 4 STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO ) ss CITY OF CHINO HILLS I, MARY M. McDUFFEE, City Clerk of the City of Chino Hills, DO HEREBY CERTIFY that Ordinance No. 238 was duly introduced at a regular meeting of the City Council held on the 22°d day of June, 2010 and adopted at a regular meeting held on the 13th day of July, 2010 by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: KRUGER, GRAHAM, BENNETT, NORTON-PERRY AND ROGERS NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE Lia MARY M. •PUFFEE, CITY CLE, (SEAL) I hereby certify that the foregoing is the original of Ordinance No. 238 duly passed and adopted by the Chino Hills City Council at their regular meeting held on 13th day of July 2010, and that a Summary of the Ordinance was published on July 24, 2010 in the Chino Hills Champion newspaper. ..nrAf Alf 4111 1142— MARY M. ' P UFFEE, C TY CL RK� (SEAL) cc 5 of 5