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01-08-2019 CC Rpt 17 COUNCIL AGENDA STAFF REPORT Chino !hi', TO: HONORABLE MAYOR AND CITY COUNCIL DATE: JANUARY 8, 2019 MEMBERS FROM: CITY MANAGER ITEM NO: 17 SUBJECT:MUNICIPAL CODE AMENDMENT 18MCA05 TO AMEND TITLE 16 OF THE CHINO HILLS MUNICIPAL CODE TO UPDATE THE PROVISIONS REGULATING THE FEATURES ALLOWED TO PROJECT INTO THE REQUIRED SETBACKS RECOMMENDATION: Introduce an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA AMENDING TITLE 16 (DEVELOPMENT CODE) OF THE CHINO HILLS MUNICIPAL CODE SECTION 16.06.070 TO UPDATE THE PROVISIONS REGULATING THE FEATURES ALLOWED TO PROJECT INTO THE REQUIRED PROPERTY SETBACKS AND CHAPTER 16.02 TO UPDATE THE DEFINITIONS OF TERMS REFERENCED IN SECTION 16.06.070 AND DETERMINING THAT THE MUNICIPAL CODE AMENDMENT IS EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT BACKGROUND/ANALYSIS: In 1995, the City Council adopted Ordinance No. 68 to amend the Chino Hills Municipal Code to adopt Title 9 Development Code (subsequently renumbered to Title 16), which superseded the previously adopted Title 8 of the San Bernardino County Code. Included in the newly adopted Development Code was a section that established the type of features allowed to be constructed within the required setback areas and established the maximum permissible projection for these features into the setback. This section has been amended in the intervening years to add additional permissible feature types and update the permissible projections. Some of these amendments established provisions allowing an unspecified projection into the setback provided that a minimum distance was maintained from the property line. These existing provisions are organized into Table 10-1 Maximum Permitted Projections Into Required Yard Areas and its accompanying notes within the Chino Hills Municipal Code Section 16.06.070 (see Exhibit "C"). The inclusion of both approaches to regulating features in the required setbacks (specifying a projection into the setback for some features and a minimum distance from the property line for other features) within Table 10-1 has generated confusion in the application of its standards by the public, contractors, and architects. Furthering this potential for confusion, the Development Code does not provide definitions for all of the features permitted to project into the required setbacks, which causes difficulty in drawing distinctions between the improvements and features permitted within the setback areas and those that are required to maintain the required building setback. Review by the Plannina Commission At their meeting on November 6, 2018, the Planning Commission (Commission) received a report from City staff regarding the proposal to update and clarify the provisions regulating features permitted to be located within required property setbacks and updating the definitions for these features. The Commission discussed the proposed updates to the table and requested clarification on the definitions for fire pits, outdoor fireplaces, and open 230/253 patio covers; staff proposed some additional language to clarify the definition of these terms. The Planning Commission adopted a resolution recommending that the City Council adopt Municipal Code Amendment 18MCA05, as amended, by a unanimous vote, 3-0 (Vice Chair Voigt and Commissioner Eliason were absent). Analysis To provide greater clarity for the public, staff proposes to update Table 10-1 by separating the table into three sections: permitted projections into the required setbacks for residentially zoned properties, features permitted within the setback subject to a minimum distance from the property line of residentially zoned properties, and permitted projections into the required setbacks of non-residentially zoned properties. Additionally, the proposed amendment would modify or establish definitions for those terms referenced within the Chino Hills Municipal Code Section 16.06.070. During the preparation of this update, staff reviewed the current provisions and is recommending some modifications to address concerns raised by staff and the public. The proposed modifications include the following: • Decks will be divided into two categories. Decks at 30 inches above grade are proposed to retain their current permissible projection. Decks higher than 30 inches above adjacent grade and up to second story floor height would be categorized with balconies as they have similar potential impacts to adjacent properties. • The repeal of the current provision allowing decks on properties that are adjacent to public or private open space to project to within five feet of the rear property line. This provision provides an unequal benefit to these properties and is a potential source of confusion and frustration for property owners. • Increase from 5 feet to 10 feet, the minimum distance required for accessory building or structures from the street side property line to retain the more visually open aesthetic intended by the increased street side property line. • Increase from 1 foot to 5 feet the required distance from a barbecue structure to the rear property line to reduce the potential impact to adjacent properties and allow barbecue structures to be located within the street side setback provided they maintain at least a five-foot separation from the property line. Outdoor bars, countertops, and pizza ovens will also be subject to these provisions. • Incorporate the provisions in Figure 10-1A for outdoor, non-wood burning fireplaces into the projections Table to replace the provisions for wood burning fireplaces. This provision is also expanded to include fire pits. • Modify open patio encroachments into the required side and street side setbacks requiring a minimum distance of 5 feet and 10 feet to the respective property lines. This provides a more uniform standard for patio covers throughout the City. • Delete the entry for enclosed patios, which may not be located within required setbacks under the current or proposed provisions. • Allow playground equipment within the required setbacks subject to the same distance requirements as accessory buildings or structures. • Establish a maximum height of ten feet for swimming pools and spas, including any grotto, associated appurtenance, slide, water fall, etc. located within a required setback. This maximum height is consistent with the maximum height for accessory buildings or structures. • Allow water features within the required setbacks subject to the same distance requirements as accessory buildings or structures. The proposed revisions to Section 16.06.070 are attached as Exhibit "A". The provisions that have been modified, as previously discussed, are highlighted for ease of reference. Additionally, the currently adopted Section 16.06.070 is attached as Exhibit "C" for comparison. Exhibit "B" provides the current and proposed definitions for all features addressed in Section 16.06.070. Modifications to the existing definitions and proposed new definitions are highlighted for reference. 231/253 Public Notice/Public Comments Staff published a public hearing notice in the Chino Champion newspaper on December 29, 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. REVIEWED BY OTHERS: This item has been reviewed by the City Attorney's Office. Respectfully Submitted, Recommended By: (7. fA C-944,k(0 W0110 14ke RP-4 I�vnrad# 13artlam Joann Lombardo City Mrnr �r Community Development Director Attachments Ordinance Proposed Code Update Definitions Current Code Public Hearing Notice 232/253 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA, AMENDING TITLE 16 (DEVELOPMENT CODE) OF THE CHINO HILLS MUNICIPAL CODE SECTION 16.06.070 TO UPDATE THE PROVISIONS REGULATING THE FEATURES ALLOWED TO PROJECT INTO THE REQUIRED PROPERTY SETBACKS AND CHAPTER 16.02 TO UPDATE THE DEFINITIONS OF TERMS REFERENCED IN SECTION 16.06.070 AND DETERMINING THAT THE MUNICIPAL CODE AMENDMENT IS 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 1995, the City Council adopted Ordinance No. 68 to amend the Chino Hills Municipal Code to adopt Title 9 Development Code (subsequently renumbered to Title 16), which superseded the previously adopted Title 8 of the San Bernardino County Code. Included in the newly adopted Development Code, was a section that established the type of features allowed to be constructed within the required setback areas and established the maximum permissible projection for these features into the setback. This section has been amended in the intervening years to add additional permissible feature types and update the permissible projections. Some of these amendments established provisions allowing an unspecified projection into the setback provided that a minimum distance was maintained from the property line. These existing provisions are organized into Table 10-1 Maximum Permitted Projections Into Required Yard Areas and its accompanying notes within Chino Hills Municipal Code Section 16.06.070. b. The inclusion of both approaches to regulating features in the required setbacks (specifying a projection into the setback for some features and a minimum distance from the property line for other features) within Table 10-1 has generated confusion in the application of its standards by the public, contractors, and architects. Furthering this potential for confusion, the Development Code does not provide definitions for all of the features permitted to project into the required setbacks, which causes difficulty in drawing distinctions between the improvements and features permitted within the setback areas and those that are required to maintain the required building setback. c. To provide greater clarity for the public, the City proposes to update Table Page 1 of 12 233/253 10-1 by separating the table into three sections: permitted projections into the required setbacks for residentially zoned properties, features permitted within the setback subject to a minimum distance from the property line of residentially zoned properties, and permitted projections into the required setbacks of non-residentially zoned properties. Additionally, the proposed amendment would modify or establish definitions for those terms referenced within the Chino Hills Municipal Code Section 16.06.070. d. The Municipal Code Amendment would also modify some of the provisions regulating the features permitted within the required setbacks to address concerns identified by the public and staff and to provide more uniform standards throughout the City. e. On November 6, 2018, the Planning Commission held a 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. f. Notice of the public hearing was published in the Chino Hills Champion newspaper on December 29, 2018. g. A duly noticed public hearing before the City Council was conducted on January 8, 2019, 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 18MCA05 are consistent with the Chino Hills General Plan as follows: 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 update the provisions regulating the type of features allowed to be constructed within the required setback areas to provide increased clarity and more uniform standards throughout the City. By providing clear and uniform regulations Page 2 of 12 234/253 for the features permitted within the required setbacks, the Municipal Code Amendment 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 update the provisions regulating the type of features allowed to be constructed within the required setback areas to provide increased clarity and more uniform standards throughout the City. By providing clear and uniform regulations for the features permitted within the required setbacks, the Municipal Code Amendment 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 update the provisions regulating the type of features allowed to be constructed within the required setback areas to provide increased clarity and more uniform standards throughout the City. Thus, the proposed Municipal Code Amendment intends to allow property owners greater use of their property, while minimizing the potential impact on adjacent properties and thereby reducing the potential for adverse impacts to existing communities. SECTION 5. Upon the effective date of this ordinance, Chino Hills Municipal Code § 16.06.070 shall be amended in its entirety to read as follows: 16.06.070 — Features Permitted within Required Setbacks All required setback areas shall be open and unobstructed from finished grade to the sky, except that the following features are permitted within the setback areas subject to permissible projections into the setback and/or minimum distance to property lines as indicated in Tables 10-1(A), 10-1(B), and 10-1(C). Table 10-1(A) Maximum Permitted Projections into Required Setbacks for Residentially Zoned Properties Page 3 of 12 235/253 Front I Rear I Interior Side I Street Side I Maximum Feature Maximum Projection into Setback I Height Antenna/Satellite Not permitted Allowed — Not Not See Chapter Dish larger than one 2 See Chapter Permitted Permitted 16.44 (1) meter 1 16.44 Arbor— Freestanding I 3'0" I 3'0" 3'0" I 3'0" I 8'0" Arbor as part of a No Setback Required. 8'0" fence Architectural 4'0" 4'0" 2'0" 4'0" N/A Projection: Cornice, Ease, Porte Cochere, Covered Porch, and Roof Overhang 3 Awning I 4'0" I 4'0" 2'0" I 4'0" I N/A Balcony, Second 2'6" 2'6" 2'0" 2'6" N/A Story Deck, or Stairway and Stairway Landing 4 Bay Window 5 I 4'0" I 4'0" 2'0" I 4'0" I N/A Deck 6 I Not I 4'0" Not I Not N/A Permitted Permitted Permitted Chimney attached to 4'0" 4'0" 2'0" 4'0" Per minimum habitable structure height above roof established by the CBC/CRC Gate 'and Pilaster as No Setback Required. 2'0" above part of a fence/wall 8 the maximum height of the fence/wall Page 4 of 12 236/253 Table 10-1(B) Minimum Distance to the Property Line for Residentially Zoned Properties Front I Rear I Interior Side I Street Side Maximum Maximum Feature Projection into Front Minimum Distance to Property Lines Height Setback Accessory Building or Not 5'0" 5'0" 10'0" 10'0" Structure (not Permitted 2 exceeding 120 square feet) Barbecue Structure Not 5'0" 5'0" 5'0" N/A (Built-In), Bar, Permitted Countertop, and Pizza Oven Fireplace or Fire Pit Not 5'0" 5'0" 5'0" 6'0" (non-wood burning; Permitted outdoor; free- standing) Patio (Open) 9 and Not 5'0" 5'0" 10'0" 12'0" Shade Structure Permitted Playground Not 5'0" 5'0" 10'0" 10'0" Equipment Permitted Pool Equipment, Not 3'0" 3'0" 3'0" N/A HVAC, Mechanical Permitted Equipment, and Air Conditioner Swimming Pool and Not 5'0" 5'0" 5'0" 10'0" Spa, including any Permitted grotto, associated appurtenance, slide, water fall, etc. 10 Water Feature (not Not 5'0" 5'0" 5'0" 10'0" associated with a Permitted swimming pool) Table 10-1(C) Maximum Permitted Projections into Required Setbacks for Non- Residentially Zoned Properties I Front I Rear I Interior Side I Street Side I Maximum Feature Maximum Projection into Setback I Height Antenna/Satellite Not Allowed — Not Not See Chapter Dish larger than one Permitted 2 See Chapter Permitted Permitted 16.44 (1) meter 1 16.44 Architectural 4'0" 4'0" 2'0" 4'0" N/A Projection: Cornice, Ease, Porte Cochere, Covered Porch, and Roof Overhang 3 Awning 4'0" 4'0" 2'0" 4'0" I N/A Page 5 of 12 237/253 Balcony or Stairway I 2'6" 2'6" 2'0" I 2'6" N/A and Stairway Landing Gate 'and Pilaster as No setback required. 2'0" above part of a fence/wall 8 the maximum height of the fence/wall Patio, Commercial 15'0" 12 N/A N/A 15'0" 12 N/A Outdoor 11 Table Notes: 1. Exemptions. See Chapter 16.44. 2. When the matrix indicates that a feature is not permitted, that feature shall not be located within the specified building setback for the property. 3. Eave projections included in this section do not apply to patio covers. Please see note (10) for eave overhangs for patio covers. 4. Steps at grade are permitted in all setback areas. 5. Bay windows shall have no livable area, except a bench seat, and shall not exceed fifty (50) percent of the length of the wall containing the window. Bay windows must be cantilevered and cannot extend to the foundation. 6. When located within a required setback, a deck shall be at a height of 30 inches above adjacent grade. 7. Within a required setback, a pedestrian gate shall not exceed four (4) feet in width for a single gate or eight (8) feet in width for a double gate and a vehicular gate shall not exceed the width of the driveway up to a maximum of 24 feet. 8. Fence posts may be a maximum of four (4) inches above the height of the fence. 9. Patio cover setback is measured from the posts to the property line. Eaves are allowed to extend a maximum of one foot past the posts (supports). 10. Setbacks for above-ground swimming pools, spas, or appurtenances shall be measured from the edge of the structure to the property lines. Setbacks for an in-ground swimming pool and/or spa shall be measured from the water's edge to the property lines. 11. See Chapter 16.09.100 for requirements and standards. Commercial patios may include shade structures, lighting, fire pits, water features, and similar features. Patio cover setback is measured from the posts to the property line. Eaves are allowed to extend a maximum of one foot past the posts (supports). 12. A minimum of 10'-0" of landscaped area measured from the property line to the patio shall be provided. SECTION 6. Upon the effective date of this ordinance, Chino Hills Municipal Code § 16.02.130 shall be amended to revise the definition "arbor" and to add a definition of "awning" to read as follows, while all other items in this section shall remain unchanged: "Arbor" means a decorative, raised structure that is intended to walk under and that may be part of a fence and may be plantable. Page 6 of 12 238/253 "Awning" means a secondary covering attached to the exterior wall without support from the ground; awnings are typically used to shield a window, door, or storefront from the sun or rain. SECTION 7. Upon the effective date of this ordinance, Chino Hills Municipal Code § 16.02.140 shall be amended to add definitions of"bar" and "barbecue structure" to read as follows, while all other items in this section shall remain unchanged: "Bar" means an elevated horizontal working surface, especially one intended to be used in the preparation or consumption of food and beverages. "Barbecue Structure" means a permanently affixed appliance or structure used to roast or broil food over or before a source of heat. The appliance or structure may include additional features (e.g. stovetop burners, small refrigerators, etc.). SECTION 8. Upon the effective date of this ordinance, Chino Hills Municipal Code § 16.02.150 shall be amended to add the definitions of "countertop" to read as follows, while all other items in this section shall remain unchanged: "Countertop" means an elevated horizontal working surface, especially one intended to be used in the preparation or consumption of food and beverages. SECTION 9. Upon the effective date of this ordinance, Chino Hills Municipal Code § 16.02.160 shall be amended to revise the definition of "deck" to read as follows, while all other items in this section shall remain unchanged: "Deck" means a structure at least thirty (30) inches above adjacent grade which is supported from the ground. Where permitted within a required setback, a deck shall not exceed a maximum height of 30 inches above adjacent grade. See also "Second Story Deck", "Balcony", and "Platform." SECTION 10. Upon the effective date of this ordinance, Chino Hills Municipal Code § 16.02.180 shall be amended to add the definition of "fence post", "fire pit", and "fireplace" to read as follows, while all other items in this section shall remain unchanged: "Fence Post" means a vertical post that supports and is incorporated into a fence. Fence posts may be a maximum of four (4) inches above the height of the fence and shall be no wider than six (6) inches. Fence posts shall be spaced at least six (6) feet on center. "Fire Pit" means any permanent or portable structure or appliance intended to contain fire, excluding a barbecue or pizza oven. Fire pits shall be non-wood burning. "Fireplace" means any permanent or portable structure or appliance intended to contain fire, excluding a barbecue or pizza oven. Fireplaces shall be non-wood burning. Page 7 of 12 239/253 SECTION 11. Upon the effective date of this ordinance, Chino Hills Municipal Code § 16.02.190 shall be amended to add the definition of "gate" to read as follows, while all other items in this section shall remain unchanged: "Gate" means a moveable barrier that provides access through a fence or wall. SECTION 12. Upon the effective date of this ordinance, Chino Hills Municipal Code§ 16.02.250 shall be amended to revise the definition of"mechanical equipment" to read as follows, while all other items in this section shall remain unchanged: "Mechanical Equipment" means a machine that is created to perform one or more specific functions consisting of one or more components. Components typically found in mechanical equipment may include compressors, condensers, evaporators, motors, and pumps. SECTION 13. Upon the effective date of this ordinance, Chino Hills Municipal Code§ 16.02.280 shall be amended to revise the definitions of"enclosed patio"and "open patio" and to add the definitions of "pilaster", "pizza oven", "playground equipment", and "pool equipment" to read as follows, while all other items in this section shall remain unchanged: Patio, Enclosed. "Enclosed patio" means any one-story structure not exceeding twelve (12) feet in height that is partially open to the surrounding environment. Enclosure walls may have any configuration. Openings may be enclosed with insect screening or translucent plastic that is readily removable or transparent plastic not more than 0.125-inch in thickness. Patio covers may be detached or attached to other buildings provided they are consistent with applicable sections of the Development Code or Building Code. Patio, Open. "Open patio" means any one-story structure not exceeding twelve (12) feet in height that is fully open without any screening to the surrounding environment. An open patio shall not be enclosed on any side, except that it may share a maximum of one common wall with the primary structure. Open patios may have four posts with widths no wider than one (1) foot in diameter. Patio covers may be detached or attached to other buildings provided they are consistent with applicable sections of the Development Code and Building Code. "Pilaster" means a vertical column incorporated into a wall or fence. Pilasters shall be a maximum of sixteen (16) inches in width and shall be spaced at least eight (8) feet on center. "Pizza Oven" means an enclosed chamber or compartment used to heat, bake, roast, or otherwise cook food. "Playground Equipment" means a structure, feature, or collection of structures and/or features primarily intended for recreational use by children (e.g. slides, Page 8 of 12 240/253 swing sets, climbing apparatus, etc.). "Pool Equipment" means a collection of machines that operate together to recirculate water in a pool and/or spa to perform several functions. The primary function of pool equipment is the filtration of pool water. Secondary functions may include the heating of pool water, chemically sanitizing pool water, or injecting air into spa water. SECTION 14. Upon the effective date of this ordinance, Chino Hills Municipal Code§ 16.02.300 shall be amended to add the definition of "roof-mounted equipment" to read as follows, while all other items in this section shall remain unchanged: "Roof-Mounted Equipment" means any mechanical equipment, appliance, device, ducting, or similar features located on the roof of a structure. SECTION 15. Upon the effective date of this ordinance, Chino Hills Municipal Code § 16.02.310 shall be amended to revise the definitions of "stairway' and "stairway landing" and add the definitions of"second story deck" and "spa" to read as follows, while all other items in this section shall remain unchanged: "Second Story Deck" means a structure projecting from a building (typically a home) more than thirty (30) inches above adjacent grade, not to exceed second story floor level, which is supported from the ground. "Spa" means a water-filled enclosure, permanently constructed or portable, having a depth of more than twenty-four (24) inches below the level of the surrounding land, or an above-surface enclosure, having a depth of more than twenty-four (24) inches, designed, used, and maintained as an accessory use for swimming and/or bathing. "Stairway" means one or more flights of stairs, either interior or exterior, with the necessary landings and platforms connecting them, to form a continuous and uninterrupted passage from one level to another. "Stairway Landing" means a flat area at the top and bottom of a stairway and/or the intermediate platform on a flight of stairs. SECTION 16. Upon the effective date of this ordinance, Chino Hills Municipal Code § 16.02.350 shall be amended to add the definition of "water feature" to read as follows, while all other items in this section shall remain unchanged: "Water Feature" means one or more items consisting of fountains, pools, ponds, cascades, waterfalls, and streams. SECTION 17. Upon the effective date of this Ordinance, the provisions hereof shall supersede any inconsistent or conflicting provisions of the San Bernardino County Page 9 of 12 241/253 Code as the same were adopted by reference by City Ordinances Nos. 91-01 and 92-02. SECTION 18. 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 19. 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 20. 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 21. 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 22. 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 10 of 12 242/253 SECTION 23. This Ordinance will take effect on the 30th day following its final passage and adoption. PASSED,APPROVED AND ADOPTED this day of ,2019. CYNTHIA MORAN, MAYOR ATTEST: CHERYL BALZ, CITY CLERK APPROVED AS TO FORM: MARK D. HENSLEY, CITY ATTORNEY Page 11 of 12 243/253 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 January 8, 2019; and adopted at a regular meeting of the City Council held on the day of , 2019 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 , 2019, and that summaries of the Ordinance were published on and in the Chino Hills Champion newspaper. CHERYL BALZ, CITY CLERK Page 12 of 12 244/253 § 16.06.070— Features Permitted within Required Setbacks All required setback areas shall be open and unobstructed from finished grade to the sky, except that the following features are permitted within the setback areas subject to permissible projections into the setback and/or minimum distance to property lines as indicated in Tables 10-1(A), 10-1(B), and 10-1(C). Table 10-1(A) Maximum Permitted Projections into Required Setbacks for Residentially Zoned Properties Front Interior Side Street Side Feature Maximum Height Maximum Projection into Setback Antenna/Satellite Dish larger than one (1) meter'. Not permitted2 Allowed—See Not Permitted Not Permitted See Chapter Chapter 16.44 16.44 Arbor — Freestanding 3'0" 3'0" 3'0" 3'0" 8'0" Arbor as part of a fence No Setback Required. 8'0" Architectural Projection: Cornice, Eave, Porte 4'0" 4'0" 2'0" 4'0" N/A Cochere,Covered Porch, and Roof Overhang3 Awning 4'0" 4'0" 2'0" 4'0" N/A Balcony, Second Story Deck, or Stairway and 2'6" 2'6" 2'0" 2'6" N/A Stairway Landing' Bay Windows 4'0" 4'0" 2'0" 4'0" N/A Deck' Not Permitted 4'0" Not Permitted Not Permitted N/A Chimney attached to habitable structure 4'0" 4'0" 2'0" 4'0" Per minimum height above roof established by the CBC/CRC Gate'and Pilaster as part of a fence/wall' No setback required. 2'0" above the maximum height of the fence/wall Table 10-1(B) Minimum Distance to the Property Line for Residentially Zoned Properties Front411 . Es Interior Side Street Side Maximum Maximum Projection into Minimum Distance to Property Lines Height Front Setback Accessory Building or Structure(not exceeding I Not Permitted9 5'0" 5'0" 10'0" 10'0" 120 square feet) Barbecue Structure(Built-In), Bar,Countertop, Not Permitted 5'0" 5'0" 5'0" N/A and Pizza Oven Fireplace or Fire Pit (non-wood burning; outdoor; Not Permitted 5'0" 5'0" 5'0" 6'0" free-standing) Patio(Open)10 and Shade Structure Not Permitted 5'0" 5'0" 10'0" 12'0" Playground Equipment Not Permitted 5'0" 5'0" 10'0" 10'0" Pool Equipment, HVAC, Mechanical Equipment, Not Permitted 3'0" 3'0" 3'0" N/A and Air Conditioner Swimming Pool and Spa, including any grotto, Not Permitted 5'0" 5'0" 5'0" 10'0" associated appurtenance,slide,water fall,etc.11 Water Feature (not associated with a swimming Not Permitted 5'0" 5'0" 5'0" 10'0" pool) 1 Exemptions.See Chapter 16.44. 2 When the matrix indicates that a feature is not permitted,that feature shall not be located within the specified building setback for the property. 3 Eave projections included in this section do not apply to patio covers. Please see note(10)for eave overhangs for patio covers. 4 Steps at grade are permitted in all setback areas. S Bay windows shall have no livable area,except a bench seat,and shall not exceed fifty(50) percent of the length of the wall containing the window. Bay windows must be cantilevered and cannot extend to the foundation. 6 When located within a required setback,a deck shall be at a height of 30 inches above adjacent grade. 'Within a required setback,a pedestrian gate shall not exceed four(4)feet in width for a single gate or eight(8)feet in width for a double gate and a vehicular gate shall not exceed the width of the driveway up to a maximum of 24 feet. 8 Fence posts may be a maximum of four(4) inches above the height of the fence. 'When the matrix indicates that a feature is not permitted,that feature shall not be located within the specified building setback for the property. 19 Patio cover setback is measured from the posts to the property line. Eaves are allowed to extend a maximum of one foot past the posts(supports). 'Setbacks for above-ground swimming pools,spas,or appurtenances shall be measured from the edge of the structure to the property lines.Setbacks for an in-ground swimming pool and/or spa shall be measured from the water's edge to the property lines. 245/253 Table 10-1(C) Maximum Permitted Projections into Required Setbacks for Non-Residentially Zoned Properties Front willan Interior Side Street Side Maximum Height Maximum Projection into Setback Antenna/Satellite Dish larger than one (1) Not Permitted13 Allowed—See Not Permitted Not Permitted See Chapter meter' Chapter 16.44 16.44 Architectural Projection: Cornice, Eave, Porte 4'0" 4'0" 2'0" 4'0" N/A Cochere,Covered Porch, and Roof Overhang' Awning 4'0" 4'0" 2'0" 4'0" N/A Balcony or Stairway and Stairway Landing 2'6" 2'6" 2'0" 2'6" N/A Gately and Pilaster as part of a fence/wall16 2'0" above the No setback required. maximum height of the fence/wall Patio, Commercial Outdoor' 15'0"18 N/A N/A 15'0"19 N/A 12 Exemptions.See Chapter 16.44. 13 When the matrix indicates that a feature is not permitted,that feature shall not be located within the specified building setback for the property. 14 Eave projections included in this section do not apply to patio covers. Please see note(17)for eave overhangs for patio covers. 'Within a required setback,a pedestrian gate shall not exceed four(4)feet in width for a single gate or eight(8)feet in width for a double gate and a vehicular gate shall not exceed the width of the driveway up to a maximum of 24 feet. 16 Fence posts may be a maximum of four(4) inches above the height of the fence. 17 See Chapter 16.09.100 for requirements and standards. Commercial patios may include shade structures, lighting,fire pits,water features, and similar features. Patio cover setback is measured from the posts to the property line. Eaves are allowed to extend a maximum of one foot past the posts(supports). 18 A minimum of 10'-0"of landscaped area measured from the property line to the patio shall be provided. 19 A minimum of 10'-0"of landscaped area measured from the property line to the patio shall be provided. 246/253 16.02 General Provisions and Definitions Definitio Accessory building "Accessory building or structure" means a building or structure detached from, on the same lot as, and customarily or structure incidental and subordinate to the principal building Antenna "Antenna" means any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission, reception, or both, of electromagnetic radiation waves. Antenna,Satellite "Satellite (dish) antenna" means any antenna used to receive and/or transmit radio or television signals from orbiting (Dish) communication satellites. Arbor "Arbor" means a decorative, raised structure that is intended to walk under and that may be part of a fence and may be plantable. Architectural "Architectural Projection" shall mean cornices, eaves, porto cochere, roof overhangs, architectural roof screening, or projection similar features. Awning "Awning" means a secondary covering attached to the exterior wall without support from the ground; awnings are typically used to shield a window, door, or storefront from the sun or rain. Balcony "Balcony" means a structure with a walking surface at least thirty(30) inches above adjacent grade which extends from a building without support from the ground. See also "Deck" and "Platform." Bar "Bar" means an elevated horizontal working surface, especially one intended to be used in the preparation or consumption of food and beverages. Barbecue Structure "Barbecue Structure" means a permanently affixed appliance or structure used to roast or broil food over or before a source of heat.The appliance or structure may include additional features (e.g. stovetop burners, small refrigerators, etc.). Bay Window "Bay window" means a group of windows projecting from a room in a floor-level recess. Countertop "Countertop" means an elevated horizontal working surface, especially one intended to be used in the preparation or consumption of food and beverages. Deck "Deck" means a structure projccting frc^^ a ":!ding (typically a home}at least thirty (30) inches above adjacent grade which is supported from the ground. Where permitted within a required setback, a deck shall not exceed a maximum height of 30 inches above adjacent grade. See also "Second Story Deck", "Balcony", and "Platform." Fence Post "Fence Post" means a vertical post that supports and is incorporated into a fence. Fence posts may be a maximum of four(4) inches above the height of the fence and shall be no wider than six (6) inches. Fence posts shall be spaced at least six (6)feet on center. Fire Pit "Fire Pit" means any permanent or portable structure or appliance intended to contain fire, excluding a barbecue or pizza oven. Fire pits shall be non-wood burning. Fireplace "Fireplace" means any permanent or portable structure or appliance intended to contain fire, excluding a barbecue or pizza oven. Fireplaces shall be non-wood burning. Gate "Gate" means a moveable barrier that provides access through a fence or wall. Mechanical "Mechanical Equipment" means a machine that is created to perform one or more specific functions consisting of one Equipment or more components. Components typically found in mechanical equipment may include compressors, condensers, evaporators, motors, and pumps. Patio(enclosed) Current definition: Patio, Enclosed. "Enclosed patio" means any one-story structure not exceeding twelve (12) feet in height. Enclosure walls may have any configuration, provided the open area of the longer wall and one additional wall is equal to at least sixty-five (65) percent of the area below a minimum of six feet, eight inches of each wall, measured from the floor. Openings may be enclosed with insect screening or translucent plastic that is readily removable or transparent plastic not more than 0.125 inch in thickness. Patio covers may be detached or attached to other buildings as accessories to Group U; Group R, Division 3; or single dwelling units in Group R, Division 1 occupancies. Proposed definition: Patio, Enclosed. "Enclosed patio" means any one-story structure not exceeding twelve (12)feet in height that is partially open to the surrounding environment. Enclosure walls may have any configuration. Openings may be enclosed with insect screening or translucent plastic that is readily removable or transparent plastic not more than 0.125-inch in thickness. Patio covers may be detached or attached to other buildings provided they are consistent with applicable sections of the Development Code or Building Code. Patio(open) Current Definition: Patio, Open. "Open patio" means any one-story structure not exceeding twelve (12)feet in height. Patio covers may be detached or attached to other buildings as accessories to Group U; Group R, Division 3; or single dwelling units in Group R, Division 1 occupancies. Patio covers shall be used only for recreational, outdoor living purposes and not as carports,garages, storage rooms, or habitable rooms. Proposed Definition: Patio, Open. "Open patio" means any one-story structure not exceeding twelve (12)feet in height that is fully open without any screening to the surrounding environment. An open patio shall not be enclosed on any side, except that it may share a maximum of one common wall with the primary structure. Open patios may have four posts with widths no wider than one (1)foot in diameter. Patio covers may be detached or attached to other buildings provided they are consistent with applicable sections of the Development Code and Building Code. Pilaster "Pilaster" means a vertical column incorporated into a wall or fence. Pilasters shall be a maximum of sixteen (16) inches in width and shall be spaced at least eight(8) feet on center. Pizza Oven "Pizza Oven" means an enclosed chamber or compartment used to heat, bake, roast, or otherwise cook food. Playground "Playground Equipment" means a structure,feature, or collection of structures and/or features primarily intended for Equipment recreational use by children (e.g. slides, swing sets, climbing apparatus, etc.). Pool Equipment "Pool Equipment" means a collection of machines that operate together to recirculate water in a pool and/or spa to perform several functions.The primary function of pool equipment is the filtration of pool water. Secondary functions may include the heating of pool water, chemically sanitizing pool water, or injecting air into spa water. Roof-Mounted "Roof-Mounted Equipment" means any mechanical equipment, appliance, device, ducting, or similar features located Equipment on the roof of a structure. Second Story Deck "Second Story Deck" means a structure projecting from a building (typically a home) more than thirty(30) inches above adjacent grade, not to exceed second story floor level, which is supported from the ground. 247/253 Spa "Spa" means a water-filled enclosure, permanently constructed or portable, having a depth of more than twenty-four (24) inches below the level of the surrounding land, or an above-surface enclosure, having a depth of more than twenty-four(24) inches, designed, used, and maintained as an accessory use for swimming and/or bathing. Stairway "Stairway" means one or more flights of stairs, either interior or exterior, with the necessary landings and platforms connecting them ,to form a continuous and uninterrupted passage from one level to another. Stairway Landing "Stairway Landing" means a flat area at the top and bottom of a stairway and/or the intermediate platform on a flight of stairs. Swimming Pool Swimming Pool, Private. "Private swimming pool" means a water-filled enclosure, permanently constructed or portable, having a depth of more than twenty-four(24) inches below the level of the surrounding land, or an above- surface pool, having a depth of more than twenty-four(24) inches, designed, used, and maintained as an accessory use for swimming and bathing by not more than three owner families and their guests and intended for non-commercial use. Water Feature "Water Feature" means one or more items consisting of fountains, pools, ponds, cascades,waterfalls, and streams. 248/253 16.06.070- Maximum projections into yards. All required yard areas shall be open and unobstructed from finished grade to the sky, except that projections into yard areas shall be permitted as indicated in Table 10-1. Table 10-1. Maximum Permitted Projections Into Required Yard Areas Interior Side Front and Street Rear Yards and Side Yards Courts Maximum Feature Projection Maximum Above Height Maximum Maximum Projection Into Limit Projection Into Projection Into Side Yard Area Yard Area (a) Rear Yard Area (a) Not permitted in Accessory Building or Structure Minimum of front yard; Minimum of not exceeding 120 square feet 5'0"setback Minimum of 5'0" 5'0"setback (Maximum height of 10'to the from interior Not Permitted setback from from rear top of the accessory building or side property street side property line structure) line property line Antennas/Satellite Dishes larger Allowed — See See Chapter �.� Not Permitted Not Permitted than one (1) meter Chapter 16.44 16.44 Arbor — Freestanding (Maximum 8'to the top of the 3'0" 3'0" 3'0" N/A arbor) Arbor as part of a fence (Maximum 8'to the top of the No setback required. N/A arbor Awnings 4'0" 4'0" 2'0" Not Permitted Balconies or Stairways and Stairway Landings(f) 2'6" 2'6"(`) 2'0" Not Permitted Bay Windows(b) 4'0" 4'0" 2'0" N/A Fireplace attached to habitable 4'0" 4'0" 2'0" Per minimum 249/253 structure(g) height above roof established by the UBC Per minimum Fireplace (Free- height above 4'0" 4'0" 2'0" standing/Outdoor) (h) roof established by the UBC 4'0" 4'0" 2'0" Not Permitted Architectural Projections: Cornices, Eaves, Porte Cochere, * Eaves do not apply to patio covers. Please see note (d) for eaves and Roof Overhangs overhung for patio covers. Decks 30"above grade, not to Not Permitted 4'0" ) Not Permitted N/A exceed second story floor level No setback required. Gates and pilasters are allowed Gates and Pilasters as part of a to project two (2) feet above the maximum height of N/A fence/wall a fence. Not permitted in Maximum front yard; 4'0" Projection up Patios, Open (d) projection to 5'0"from Not Permitted Not Permitted permitted into rear property street side yard line Patios, Enclosed (d) Not Permitted Not Permitted Not Permitted Not Permitted Maximum projection into Patios, Commercial Outdoor(J) front and street N/A N/A N/A side setback is 15'0"(k) Swimming Pools and Spas, No closer than No closer than Not permitted in including any grottos, �e� 5 0 to the rear 5 0 to the side N/A front yard associated appurtenances, property line property lines slides, water falls, etc. (e)* * Setbacks for above-ground appurtenances shall be measured from 250/253 the edge of the structure to the property lines. Setbacks for a swimming pool shall be measured from the water's edge to the property lines. No closer than No closer than Not permitted in Barbeque Structures 10 to any 5 0 to any N/A the front yard property line property line Not permitted in Pool Equipment, HVAC, No closer than No closer than front yard; see Mechanical Equipment, and Air 3 0 to the rear 3 0„to the side N/A note(e)for street Conditioners property line property lines side yards Roof-mounted equipment is not permitted in single-family detached Roof-Mounted Equipment residential development. See Sections 16.06.140 and 16.10.050(C)(6). Notes for Table 10-1: "Yard" areas are illustrated in Figure 200-2, in Chapter 16.02 of this Development Code. (a) On a corner lot, projections permitted in a front yard setback also apply to a street side yard. (b) Bay windows shall have no livable area, except a bench seat, and shall not exceed fifty (50) percent of the length of the wall containing the window. Bay windows must be cantilevered and cannot extend to the foundation. (c) For decks and associated stairs in rear yards where the rear yard abuts public open space or permanent private open space that is maintained by the City, a homeowners association, or similar entity, the deck may project to within five feet of the rear property line. (d) Patio cover setback is measured from the posts to the property line. Eaves are allowed to extend a maximum of one foot past the posts (supports). (e) Pools and spas may project into the street side yard but must maintain a five-foot separation from the side property line; mechanical equipment, including pool equipment, air conditioners, and HVAC, may project into the street side yard but must maintain a three-foot separation from the side property line. (f) Steps at grade are permitted in all setback areas. (g) If a media niche is adjacent and attached to the projection fireplace, then the total length of the wall projection can be a maximum of ten (10)feet in length. (h) See attached Figure 10-1A. (i) Exemptions. See Chapter 16.44. (j) See Chapter 16.09.100 for requirements and standards. (k) A minimum of 10'-0" of landscaped area measured from the property line to the patio shall be provided. (Ord. 182 § 3(C), 2005: Ord. 68 § 9.10.070, 1995) (Ord. No. 225, § 3G, 6-9-2009; Ord. No. 238, § 3(a), 7-13-2010; Ord. No. 252, § 3(a), 1-24- 2012; Ord. No. 255, § 3(d), 8-28-2012) Figure 10-1A. Outdoor Fireplace Requirements 251/253 I Frio e lerrninauiaai Pr Th Its of the chir'nney • mufti b.h' _ 10' Frq;n SLructurt above irwyrhIri { within 10' PVT Tubku cf Re1Jons WOOD BURNING: • Permits are required for the structure. • Two sets of structural calculations and Site Plans are required for plan review. • Must be ten (10)feet from structures, not to include fences, walls, or hedges. • The termination of the chimney must be two feet above anything within ten (10)feet of the fireplace. • The fireplace can only encroach into the setbacks per Table 10-1 and the following: NON-WOOD BURNING (decorative only): • Permits are required for the structure. •A valid ICC legacy report shall be provided for pre-fabricated fireplaces. • Installation requirements per manufacture specification. • Two copies of the Site Plans are required for plan review. • Can be no closer than five feet to any property line. • Cannot be over six feet in height within the setbacks. 252/253 CITY OF CHINO HILLS NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Chino Hills w ill hold a public hearing on Tuesday,January 8,2019,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 16.02 General Provisions and Definitions and Chapter 16.06 General Development Standards to update the provisions regulating the features allowed to project into the required property setbacks. (Municipal Code Amendment 18MCA05) NOTICE IS FURTHER GIVEN that a determination has been made that the adoption of the ordinance associated with proposed Municipal Code Amendment 18MCA05 is exempt from the provisions of the California Environmental Quality Act (CEQA) for the following reasons: (1) it w ill 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: December 19,2018 S/Cheryl Balz, City Qerk PUBLISH: Chino Hills Champion Saturday, December 29,2018 253/253 Municipal Code Amendment 18MCA05 Public Hearing January 8, 2019 ti ago rhino Hills C iw nd Chinn HiI s • Section 16.06.070 of the Chino Hills Municipal Code • Required setback areas shall be open and unobstructed from finished grade to the sky • Table 10- 1 identifies features that are permitted to project into the required setbacks • Current provisions may be unclear and cause confusion for the public • of the features identified in Table 10-1 are not defined riIw I Chinn Hii s • Separate the table into three sections • Permitted projections into required setbacks for residential properties • Minimum distance to property lines for residential properties • Permitted projections into required setbacks for non-residential properties • .nition for all features identified in tables Chino Hu s Code Amendment (cont.) • Review of features allowed to project into setbacks: • Provide consistent standards for features with similar impacts • Delete features not permitted within setbacks • Add frequently proposed features • Water features, playground equipment, pizza ovens, etc. C iw nd Chinn HiI s • Staff recommends that the City Council • Conduct a public hearing ; and • Adopt an ordinance adopting Municipal Code Amendment 18MCA05 and finding that the proposed amendment is exempt from review under the California Environmental Quality Act.