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04-26-2016 CC Rpt C01Return to Agenda COUNCIL AGENDA STAFF REPORT t Meeting Date: April 26. 2016 Public Hearing: Discussion Item: ❑ Consent Item: ❑ April 19, 2016 CITY CLERK USE ONLY Item No.: C01 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY MANAGER SUBJECT: DEVELOPMENT CODE AMENDMENT NO. 16DCA01 TO AMEND TITLE 16, CHAPTER 16.10 RESIDENTIAL DISTRICTS RELATIVE TO IMPERVIOUS SURFACE COVERAGE AND PAVING WITHIN THE FRONT YARD SETBACK OF SINGLE-FAMILY RESIDENTIAL PROPERTIES RECOMMENDATION: Introduce an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA AMENDING THE CHINO HILLS MUNICIPAL CODE TITLE 16, CHAPTER 16.10 RESIDENTIAL DISTRICTS RELATIVE TO IMPERVIOUS SURFACE COVERAGE AND PAVING WITHIN THE FRONT YARD SETBACK OF SINGLE-FAMILY RESIDENTIAL PROPERTIES AND FINDING PROPOSED DEVELOPMENT CODE AMENDMENT NO. 16DCA01 EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT BACKGROUND Chino Hills Municipal Code Section 16.10.030 Development Standards, Table 20-1 establishes development standards (e.g. residential density, minimum lot sizes, and setbacks) for the City`s residential zoning districts. One of the development standards stipulated in this section limits the impervious surface coverage within the required front yard setback of single-family residential properties to a maximum of 50 percent of the front yard area. Section 16.02.210 "1" Definitions and Illustrations defines impervious surface as "any surface, including concrete, asphalt, paving blocks, bricks, waterproof plastic, or other materials, which cover the soil with a surface impervious to water." Based on these sections of the Development Code, a maximum of 50 percent of the required front yard setback area of a single-family residential property may be paved with concrete, asphalt, brick or other surface through which water cannot pass. On May 28, 2013, the City Council adopted Ordinance No. 263, which included an amendment to exempt flag lots from the impervious surface coverage standard and allow lots narrower than 50 feet in width to exceed this standard as reasonably required 84/139 AGENDA DATE: APRIL 26, 2016 PAGE 2 SUBJECT: DEVELOPMENT CODE AMENDMENT NO. 16DCA01 to provide a driveway and walkway, subject to the review and approval of a minor variance. The amendment was intended to provide relief for instances in which the strict application of the impervious surface coverage standard would create a hardship for narrow properties. Despite this provision for a minor variance, numerous single-family residential properties with front yard widths between 30 to 80 feet do not meet the 50 percent impervious surface coverage requirement. Homes with three -car garages or additional paving for the parking of recreational vehicles often do not conform to this requirement. The City's Code Enforcement Division is currently processing 49 code cases regarding properties that exceed the 50 percent impervious surface coverage standard within the front yard setback. Code Enforcement staff estimate that as many as 35 percent of the City's existing single-family residential properties with front yard widths between 30 and 80 feet currently exceed the 50 percent impervious surface coverage standard. The proposed code amendment has been initiated to resolve the ongoing issue of compliance and provide property owners with increased flexibility. ANALYSIS: Community Development staff met with Code Enforcement staff to develop standards that provide property owners with more flexibility in using hardscape within the front yard setback while maintaining a visually attractive street scene. Staff recommends that that Section 16.10.030 Development Standards, Table 20-1 be amended as follows: Development Zoning Zoning Zoning Zoning Zoning Zoning Standard District: District: District: District: District: District: R-A R-R R-S RM-1 RM-2 RM-3 E. Maximum Coverage In Front 5" 6"0 a0°�e N/A NIA N/A Yard Setback by Impervious See See See Surfaces(W note (h) note (h) note (h) Notes for Table 20-1 (Residential Zone Districts —Development Standards): (g) For maximum lot coverage by building within the PD District, please see each PD. For the maximum coverage in the front yard setback area by impervious surfaces within the PD district, Subsection E in Table 20-1 shall apply. There is o i iircmcn4 fnr m7yim� im Ini nn1ror�nn for 4n�.�1 iYY11gYlrin{ n n11rfaGe �arWi fha P rory See S ihccn4ion E in Table in4peMcus cur aGe within the PD. (h) The maximum coverage in the front vard setback by impervious surfaces shall be the greater of 50% or the aaareoate area of the followina: (i) the area comprising the drivewav directiv fronting a orimary aaraae door(s) to the street, (ii) one additional area of up to 15 feet in width on one side of the drivewav to the street, NO a waikwav(s) of up to 5 feet in width providina a walking path between the front door of the residence and the front oroperty line and/or the driveway. and (iv) a walkwav of up to 5 feet wide providing access from the drivewav to the side vard. The remainder of the area within the front vard setback shall consist of landscaping and/or other pervious surfaces (e.a. bark or decomposed granite); notwithstandina. anv other provision of this code. for the purposes of this section only, permeable 85/139 AGENDA DATE: APRIL 26, 2016 PAGE 3 SUBJECT: DEVELOPMENT CODE AMENDMENT NO. 16DCA01 concrete shall be included in the calculation of impervious surface area. Impervious surface coverage that exceeds the maximum coverage permitted by this section within the reauired front vard setback area and that was installed prior to [insert the day after the effective date of this ordinancel shall be considered legal non- conforming pursuant to Section 6 of Ordinance No. [insert ordinance numbed. DmrtorFiee Mh a Int wirJthrvf Ic---- th= C,with-an irrfrnntanc /ounh as a GUI de saG Intl mat eXGeed the standard as reasonably Fequ!Fed to provide a drive a'kway, s bjeGt to the review and anRrG al_nF a miner tfo�, r�Qc �--t to Ch-pter 16..72 Minor Variannes Flag lots, as defined in Section 16.02.240, are exempt from the maximum coverage in front yard setback by impervious surfaces development standard. Q Asphalt and/or porous asphalt are not permitted pavina materials within the front vard setback as of [insert the effective date of this ordinancel. Anv asphalt or porous asphalt existina in the front vard setback as of [insert the effective date of this ordinancel shall be leaal non -conforming pursuant to Chanter 16.82 of this code. The proposed amendment would provide increased flexibility for owners of single-family residential properties to provide adequate driveway and walkways and to reduce turf areas and water consumption, while retaining the requirement for vegetation and other soft surfaces within the front yard setback to maintain the aesthetic appeal of street scenes within the City's single-family residential neighborhoods. Additionally, the proposed amendment would deem any impervious surface coverage that would exceed the maximum coverage standard and that was installed prior to the day after the effective date of the ordinance to be legal non -conforming by permitting 100 percent of the front yard setback to be impervious on the day, and only the day, that the ordinance becomes effective. This action would resolve the current Code Enforcement cases pertaining to impervious surface coverage and allow property owners with previously installed paving to retain their paving through its useful service life. Subsequent to the adoption of the proposed ordinance, property owners would be required to comply with the maximum impervious surface coverage standard for new paving installations and the replacement of existing paved areas within the front yard setback areas of single-family residential properties. Aerial images of the City recorded on March 15, 2016, will be available to City staff as a tool for determining whether paving within the front yard setback was installed prior to adoption of the ordinance. Review by the Plannina Commission: On February 16, 2016, the Planning Commission conducted a public hearing to consider staff's recommendation to amend the Chino Hills Municipal Code to increase the permissible coverage by impervious surfaces within the required front yard setback of single-family residential properties, provided that the additional paving beyond the current 50 percent maximum coverage standard is decorative in design to maintain the aesthetic appeal of neighborhood street scenes. The Commission discussed whether there should be a staff review process for the installation of pavement within the front yard. Staff explained that building permits are not required for paving and the requirement of a permit could be a concern for homeowners. The Commission also recommended increased public outreach regarding front yard paving requirements and 86/139 AGENDA DATE: APRIL 26, 2016 PAGE 4 SUBJECT: DEVELOPMENT CODE AMENDMENT NO. 16DCA01 recommended design treatments. Commissioner Eliason expressed concern that the proposed amendment would allow up to 100 percent of the area within the front yard setback to be covered with impermeable surfaces; he suggested that the standard also require a portion of the front yard setback area to be covered with a soft surface, such as vegetation or bark chips, to soften and break up the hardscape, and that a paved walkway from the front yard to the side yard be permitted. The Commissioners also discussed whether the expansion of paved areas would encourage the parking of vehicles across the property frontage. Commissioner Romero noted that the Development Code would currently allow the installation of an asphalt driveway for single-family residential properties, which would detract from the appearance of the property and neighborhood. Commissioner Bristow noted that allowing additional decorative paving would facilitate the parking of recreational vehicles on single-family residential properties. There were no speakers during the public hearing. Continuing the public hearing, the Planning Commission directed staff to consider incorporating requirements for a portion of the front yard setback to include permeable surfaces and provide a discussion of how the proposed amendment would affect existing single-family residential properties. The Planning Commission resumed the continued public hearing on the proposed amendment on April 5, 2016. Commissioner Bristow inquired whether the proposed amendment would provide opportunities for the parking of recreational vehicles on single-family residential properties. Staff responded that the proposed amendment would allow an additional paved area of up to 15 feet in width to be installed on one side of the driveway; this additional paved area could be utilized for recreational vehicle parking or to provide access to recreational vehicle parking on the side of the home or in the rear yard. Commissioner Eliason inquired whether a permit would be required for paving and how staff would communicate the amended standard to the residents if a permit is not required. Staff advised the Commission that the requirement for a permit was not proposed; if the proposed amendment is adopted, staff anticipates that an article may be written in the Champion newspaper, which would increase resident awareness. Additionally, staff would provide information on the standard on the City's website and would work with the Community Relations Division to identify other opportunities for outreach to the residents. Commissioners Bristow and Larson discussed the challenges of finding a balance between providing opportunities for off street parking, while retaining attractive landscape area and treatments. Commissioner Eliason noted that while some residents may opt to install additional paving pursuant to the proposed amendment, he believes that many residents value the aesthetic quality of front yard landscaping and would choose to retain their landscaped areas in lieu of installing additional paving. There were no speakers during the public hearing. The Planning Commission adopted a resolution recommending to the City Council the adoption of the proposed Development Code Amendment by a unanimous vote, 3-0 (Commissioner Stover recused himself and Commissioner Romero was absent). 87/139 AGENDA DATE: APRIL 26, 2016 PAGE 5 SUBJECT: DEVELOPMENT CODE AMENDMENT NO. 16DCA01 Public Notice/Public Comments: Staff published a public hearing notice in the Chino Hills Champion newspaper on April 16, 2016. As of the writing of this staff report, staff has not received any public comments concerning the proposed Municipal Code Amendment. REVIEW BY OTHERS: This item has been reviewed by the City Attorney's Office. FISCAL IMPACT: There is no fiscal impact associated with the adoption of this Ordinance. CEQA REVIEW: Adoption of the proposed ordinance is exempt from the provisions of 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 involves minor alteration of existing private structures or topographical features with negligible or no expansion of use; minor private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees; and minor alterations in land use limitations in areas with an average slope of less than 20 percent, which do not result in any changes in land use or density. This Ordinance, therefore, is categorically exempt from further CEQA review under California Code Regs. Title 14, §§ 15301, 15304, and 15305. This ordinance merely modifies development standards relative to the amount of impervious surfaces and paving within the front yard setback area of single-family residential properties and does not have the potential to cause a significant effect on the environment. Consequently, the proposed amendment to the Development Code relative to impervious surfaces and paving with the front yard setback is also exempt from further CEQA review under Cal. Code Regs. Title 14, §15061.b.3. Respectfully submitted, Recommended by: Konradt Bartlam Joann Lombardo 'V City Manager Community Development Director KB/JL/RG Attachments: 1. Ordinance for Municipal Code Amendment 15MCA02 2. Public Hearing Notice 88/139 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA AMENDING THE CHINO HILLS MUNICIPAL CODE TITLE 16, CHAPTER 16.10 RESIDENTIAL DISTRICTS RELATIVE TO IMPERVIOUS SURFACE COVERAGE AND PAVING WITHIN THE FRONT YARD SETBACK OF SINGLE- FAMILY RESIDENTIAL PROPERTIES AND FINDING PROPOSED DEVELOPMENT CODE AMENDMENT NO. 16DCA01 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 City currently regulates the amount of impervious surface coverage within the required front yard setback area. The purpose of this standard is to provide an aesthetically attractive front yard and prevent the creation of a visually unappealing mass of gray concrete and/or asphalt paving across the frontage of single-family residential properties. b. On May 28, 2013, the City Council adopted Ordinance No. 263, which included an amendment to exempt flag lots from the impervious surface coverage standard and allow lots narrower than 50 feet in width to exceed this standard as reasonably required to provide a driveway and walkway, subject to the review and approval of a minor variance. The amendment was intended to provide relief for instances in which the strict application of the impervious surface coverage standard would create a hardship for narrow properties. c. Despite the provision for a minor variance, numerous single-family residential properties with front yard widths between 30 to 80 feet do not meet the 50 percent impervious surface requirement. Homes with three - car garages or additional paving for the parking of recreational vehicles often do not conform to this requirement. The City's Code Enforcement Division is currently processing 49 code cases regarding properties that exceed the 50 percent impervious surface coverage standard within the front yard setback. Code Enforcement staff estimate that as many as 35 percent of the City's existing single-family residential properties with front yard widths between 30 and 80 feet currently exceed the 50 percent impervious surface coverage standard. The proposed code amendment has been initiated to resolve the ongoing issue of compliance and provide property owners with increased flexibility. Page 1 of 8 89/139 d. On February 16, 2016, the Planning Commission held a duly noticed public hearing to receive oral and documentary evidence from the public regarding the proposed amendments. The Commission expressed concern that the amendment proposed by staff at that time would allow the entire front yard of single-family residential properties to be covered with hardscape and indicated that the standard should incorporate a requirement for some vegetation or other soft surface to provide visual relief. Walkways to the front door and side yard were identified as features that should be permitted. The Commission also expressed concern about the number of vehicles that could be parked within the front yard setback if the permissible paving area is increased and indicated that asphalt paving is not desirable within the front yard setback. The Planning Commission directed staff to revise the proposed amendment to incorporate the direction provided and continued the public hearing to March 15, 2016. e. At its meeting on March 15, 2016, the Planning Commission, at the request of staff, continued the public hearing to April 5, 2016, to provide additional time for staff to consider the input previously provided by the Planning Commission and develop alternative standards for the Commission's consideration. f. Staff subsequently revised the proposed amendment to the Development Code regarding the regulation of impervious surface coverage within the front yard setback of single-family residential properties to incorporate the Planning Commission's comments. g. On April 5, 2016, the Planning Commission held a duly noticed public hearing to receive oral and documentary evidence from the public regarding the proposed amendments. The Commission discussed the challenges of finding a balance between providing opportunities for off street parking, including for recreational vehicles, while retaining attractive landscape area and treatments. The Commission also encouraged staff to seek opportunities to provide increased outreach to residents regarding the proposed standard. The Planning Commission adopted a resolution recommending to the City Council the adoption of the proposed Development Code Amendment. h. This Ordinance will provide increased flexibility for owners of single-family residential properties to provide adequate driveway and walkways and to reduce turf areas and water consumption, while retaining the requirement for vegetation and other soft surfaces within the front yard setback to maintain the aesthetic appeal of street scenes within the City's single- family residential neighborhoods. Page 2 of 8 90/139 j. This Ordinance also permits one hundred percent impervious surface coverage in the front yard setback for one day upon the effective date of this Ordinance so that all non -compliant properties that our not in compliance with the impervious coverage front yard setback requirements as of that date will obtain legal non -conforming status pursuant to Chapter 16.82 of this code. This action resolves the current Code Enforcement cases pertaining to impervious surface coverage and allows property owners with previously installed paving to retain their paving through its useful service life. The day after the effective date of the Ordinance, property owners will be required to comply with the newly adopted maximum impervious surface coverage standard for new paving installations and the replacement of existing paved areas within the front yard setback areas of single-family residential properties that do not meet any applicable exemption under Chapter 16.82 of this code. Aerial images of the City recorded on March 15, 2016, will be available to City staff as a tool for determining whether paving within the front yard setback was installed prior to adoption of the Ordinance. k. Notice of public hearing was published in the Chino Hills Champion newspaper on April 16, 2016. I. A duly noticed public hearing before the City Council was conducted on April 26, 2016, 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 involves minor alteration of existing private structures or topographical features with negligible or no expansion of use; minor private alterations in the condition of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees; and minor alterations in land use limitations in areas with an average slope of less than 20 percent, which do not result in any changes in land use or density. This Ordinance, therefore, is categorically exempt from further CEQA review under California Code Regs. Title 14, §§ 15301, 15304, and 15305. This ordinance merely modifies development standards relative to the amount of impervious surfaces and paving within the front yard setback area of single-family residential properties and does not have the potential to cause a significant effect on the environment. Consequently, the proposed amendment to the Development Code relative to impervious surfaces and paving with the front yard setback is also exempt from further CEQA review under Cal. Code Regs. Title 14, §15061.b.3. SECTION 3. As required under Government Code § 65860, the City Council finds that Chino Hills Municipal Code amendments proposed in Development Code Amendment No. 16DCA01 are consistent with the Chino Hills General Plan as follows: Page 3 of 8 91/139 a. The proposed Ordinance amending the Chino Hills Development Code conforms to General Plan Goals LU-3 and LU-4 and Policy LU-4.1 in that the amendment will update the Development Code to provide reasonable development standards for single-family residential properties, maintain the integrity of City neighborhoods, and provide excellence in urban 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-3 and LU-4 and Policy LU-4.1 in that the amendment will update the Development Code to provide reasonable development standards for single-family residential properties, maintain the integrity of City neighborhoods, and provide excellence in urban design. b. FINDING: That the proposed Development Code Amendment will not adversely affect surrounding properties. FACT: The proposed Development Code Amendment would be effective citywide and provides reasonable development standards to further enhance the health, safety, and welfare of the community and will not adversely affect surrounding properties. SECTION 5. Upon the effective date of this ordinance Chino Hills Development Code § 16.10.030 Development Standards, Table 20-1 Residential Zone Districts — Development Standards shall be amended to revise Subsection "E" Maximum Coverage in Front Yard by Impervious Surfaces and revise notes "g" and "h", and add note "i" as follows, while all other items in this section shall remain unchanged: Development Zoning Zoning Zoning Standard District: District: District: R-A R-R R-S E. Maximum Coverage In Front Yard Setback b� Impervious Surfaceso' See note See note See note (h) (h) (h) Zoning Zoning Zoning District: District: District: RM-1 RM-2 RM-3 N/A N/A N/A Page 4 of 8 92/139 Notes for Table 20-1 (Residential Zone Districts —Development Standards): (g) For maximum lot coverage by building within the PD District, please see each PD. For the maximum coverage in the front yard setback area by impervious surfaces within the PD district, Subsection E in Table 20-1 shall apply. (h) The maximum coverage in the front yard setback by impervious surfaces shall be permitted to be 100% of the front yard setback. (i) Asphalt and/or porous asphalt are not permitted paving materials within the front yard setback as of [insert the effective date of this ordinance]. Any asphalt or porous asphalt existing in the front yard setback as of [inert the effective date of this ordinance] shall be legal non -conforming pursuant to Chapter 16.82 of this code. SECTION 6. Upon the day after the effective date of this ordinance Chino Hills Development Code § 16.10.030 Development Standards, Table 20-1 Residential Zone Districts — Development Standards shall be amended to revise Subsection "E" Maximum Coverage in Front Yard by Impervious Surfaces and revise notes "g" and "h", and add note "i" as follows, while all other items in this section shall remain unchanged: Development Zoning Zoning Zoning Zoning Zoning Zoning Standard District: District: District: District: District: District: R-A R-R R-S RM-1 RM-2 RM-3 E. Maximum Coverage In See note See note See note N/A N/A N/A Front Yard Setback by (h) (h) (h) Impervious Surfaces0 Notes for Table 20-1 (Residential Zone Districts —Development Standards): (g) For maximum lot coverage by building within the PD District, please see each PD. For the maximum coverage in the front yard setback area by impervious surfaces within the PD district, Subsection E in Table 20-1 shall apply. (h) The maximum coverage in the front yard setback by impervious surfaces shall be the greater of 50% or the aggregate area of the following: (i) the area comprising the driveway directly fronting a primary garage door(s) to the street, (ii) one additional area of up to 15 feet in width on one side of the driveway to the street, (iii) a walkway(s) of up to 5 feet in width providing a walking path between the front door of the residence and the front property line and/or the driveway, and (iv) a walkway of up to 5 feet wide providing access from the driveway to the side yard. The remainder of the area within the front yard setback shall consist of landscaping and/or other pervious surfaces (e.g. bark or decomposed granite); notwithstanding any other provision of this code, for the purposes of this section only, permeable concrete shall be included in the calculation of impervious surface area. Impervious surface coverage that exceeds the maximum coverage permitted by this section within the required front yard setback area and that was installed prior to [insert the day after the effective date of this ordinance] is legal non -conforming pursuant to Section 5 of Ordinance No. [insert ordinance number], consistent with Chapter 16.82 Page 5 of 8 93/139 of this code. Flag lots, as defined in Section 16.02.240, are exempt from the maximum coverage in front yard setback by impervious surfaces standard. (i) Asphalt and/or porous asphalt are not permitted paving materials within the front yard setback as of [insert the effective date of this ordinance]. Any asphalt or porous asphalt existing in the front yard setback as of [insert the effective date of this ordinance] shall be legal non -conforming pursuant to Chapter 16.82 of this code. 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 6 of 8 94/139 SECTION 13. This Ordinance will take effect on the 30th day following its final passage and adoption. PASSED, APPROVED AND ADOPTED this day of , 2016. ART BENNET, MAYOR ATTEST: CHERYL BALZ, CITY CLERK APPROVED AS TO FORM: MARK D. HENSLEY, CITY ATTORNEY Page 7 of 8 95/139 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 April 26, 2016; and adopted at a regular meeting of the City Council held on the 10th day of May, 2016 by the following vote, to wit: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS: BENNETT, MARQUEZ, GRAHAM MORAN, ROGERS NONE NONE 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 April 26, 2016 and that summaries of the Ordinance were published on and in the Chino Hills Champion newspaper. CHERYL BALZ, CITY CLERK Page 8 of 8 96/139 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, April 26, 2016 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, Section 16.10.030 Development Standards relative to the regulation of impervious surface coverage within the front yard setback area for properties in single- family residential zoning districts. (Development Code Amendment No. 16DCA01) NOTICE IS FURTHER GIVEN that a determination has been made that the adoption of the ordinance associated with proposed Development Code Amendment No. 16DCA01 is exempt from the provisions of the California Environmental Quality Act (CEQA) because it modifies development standards relative to impervious surfaces within the required front yard setback of single-family residential properties, which does not involve the construction of new buildings or an activity that has the potential of causing a significant effect on the environment. Consequently, the proposed amendment to the Municipal Code is categorically exempt from further CEQA review under Cal. Code Regs. Title 14, §§ 15301, 15304, 15305, and 15061.b.3. 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 5:30 p.m. and Friday from 7:30 a.m. to 4:30 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: April 13, 2016 S/ Cheryl Balz, City Clerk PUBLISH: Chino Hills Champion Saturday, April 16, 2016 97/139 Development Code Amendment No. 16DCA01 Pubic Hearing April 26, 2016 ❑ Section 16.10.030 Development Standards establishes the development standards applicable to 111 111 ■ _iCdDCll'Mi 111 111 II�11 ❑ Limits the amount of impervious surface coverage within the required front yard setback of single-family residential properties ❑ Concrete, asphalt, brick, or other surfaces rou Intended to h which water cannot pass preserue thetically attractive fro � yard and visually appealing street scene Impervious Surfaces (cont.) ❑ Amended in 2013 to exempt flag lots and allow narrow lots to exceed the impervious surface coverage with approval of a minor variance ❑ However, homes with three -car garages or additional paving for the parking of recreational vehicles often do not conform to this requirement ❑ Code Enforcement has received 50 complaints since 2005 ❑ Conformance with the current standard is particularly c a We- ngi #or-p=hecurr tiesh street frontages that are narrower that -standard Tract 13915-5 L L Q O Z Sampling of 10 homes: A Conforming:4 Non-conformin : ( Tract 7363 nw I�� IMP .-i� . i5S0$ �.''4k 4 ■ ■l ■■ rIl y iw ■ fs`fl y., ��� � r --, Ap'`--rs Sampling of 10 homes: Conforming: 10 Non-conforming:0 Tract 14652 'D OQ-01 Sampling of 10 homes. - Conforming: 3 Non-conforming:7 Tract 14425-2 L PD 97 NOTE: " U.S. 1ARf PROPER PER i Ph 57.771 kk Sampling of 10 homes: Conforming:7 Non-conforming:3 Tract 13880-3 Sampling of 10 homes: -j Conforming: 5 N on-confonmina Tract 13396 Sampling of 10 homes: * Conforming: 3 W N on,E . - ■ ❑ Revise the standard to provide increased flexibility for property owners, while maintaining a visually attractive street scene E. Maximum Coverage In Front Yard r 5"0 !' !' Setback by Impervious Surfaces(#}(il See note - note - note N/A N/A N/A Proposed Amendment(cont.) ❑ The maximum coverage in the front yard setback by impervious surfaces shall be the greater of 50% or the aggregate area of the following: ❑ Driveway directly fronting primary garage door(s) ❑ One additional area of up to 15 feet in width on one side of the driveway to the street ❑ A walkway from the front door of up to 5 feet in width to the street and/or driveway A walkway from the side yard of up to 5 feet in width from the side yard to the driveway - -Lj_ The remainder ofthe-ntY and setback shall be landscaping or pervious surface Proposed Amendment(cont.) ❑ The proposed amendment would also legalize all existing impervious surface coverage within the front yard setback ❑ Impervious surface coverage that exceeds the new standard will be considered legal non -conforming ❑ Asphalt and/or porous asphalt would be prohibited as a paving material within the front yard setback 1 r �a r 1r l 5 lb Lu r .J 5 k GAR PRME f m Z GAR 6AkME ;0, �6&m CAR GARA" /I 1■ O N 5GALF-. P 2 GAR GARA&E F� ❑ Development Code Amendment 16DCA01 ❑ Exempt from the California Environmental Quality Act (CEQA) pursuant to the California Code of Regulations Title 14, §§ 15301, 15304, 15305, and 15061.b.3. ❑ Staff recommends that the City Council ❑ Conduct a public hearing; and ❑ Introduce an ordinance finding that the proposed amendment is exempt from review under the California Environmental Quality Act and adopting Development Code Amendment No. 16DCA01 .