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11-12-2008 CC Rpt C02COUNCIL AGENDA STAFF REPORT « Meeting Date: November 12. 220D8 Public Hearing: W( Discussion Item: U a , Consent Item: D CYfY OFCNINOPILLS November 5, 2008 CITY CLERK USE ONLY '•l: l: it ':1i C'riii'0 }'TILLS TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY MANAGER SUBJECT: DEVELOPMENT CODE AMENDMENT 08DCA01 - REVIEW AND CONSIDERATION OF AN ORDINANCE AMENDING THE CHINO HILLS MUNICIPAL CODE, INCLUDING TITLE 16 DEVELOPMENT CODE TO REPLACE EXISTING REFERENCES TO THE UNIFORM BUILDING CODE WITH THE CALIFORNIA BUILDING CODE AND TO CORRECT INCONSISTENCIES BETWEEN THE DEVELOPMENT CODE AND CALIFORNIA BUILDING CODE RELATIVE TO BUILDING HEIGHT DEFINITION AND MEASUREMENT, AND TO CLARIFY PATIO COVER SETBACKS AND EAVE EXTENSIONS INTO THE YARD AREAS RECOMMENDATION: Introduce an ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA AMENDING THE CHINO HILLS MUNICIPAL CODE, INCLUDING TITLE 16 DEVELOPMENT CODE TO REPLACE EXISTING REFERENCES TO THE UNIFORM BUILDING CODE WITH THE CALIFORNIA BUILDING CODE AND TO CORRECT INCONSISTENCIES BETWEEN THE DEVELOPMENT CODE AND CALIFORNIA BUILDING CODE RELATIVE TO BUILDING HEIGHT DEFINITION AND MEASUREMENT, AND TO CLARIFY PATIO COVER SETBACKS AND SAVE EXTENSIONS INTO THE YARD AREAS (DEVELOPMENT CODE AMENDMENT 08DCA01) BACKGROUND/ANALYSIS: The City Council adopted the California Building Code (CBC) on November 27, 2007 (Ordinance No. 201), as a replacement to the Uniform Building Code (UBC). Since some sections of the Municipal Code, including the Development Code, still refer to the UBC, these sections must be revised so that residents, developers, and contractors know to use the CBC for plan preparation and building construction. (�C�— AGENDA DATE: November 12, 2008 PAGE SUBJECT: DEVELOPMENT CODE AMENDMENT 08DCA01 - REVIEW AND CONSIDERATION OF AN ORDINANCE AMENDING THE CHINO HILLS MUNICIPAL CODE, INCLUDING TITLE 16 DEVELOPMENT CODE TO REPLACE EXISTING REFERENCES TO THE UNIFORM BUILDING CODE WITH THE CALIFORNIA BUILDING CODE AND TO CORRECT INCONSISTENCIES BETWEEN THE DEVELOPMENT CODE AND CALIFORNIA BUILDING CODE RELATIVE TO BUILDING HEIGHT DEFINITION AND MEASUREMENT, AND TO CLARIFY PATIO COVER SETBACKS AND SAVE EXTENSIONS INTO THE YARD AREAS Additionally, two sections of the Development Code need to be revised to clarify their relationship to the Building Code. Sections 16.02.140"B" and 16.06.100, provide a definition of building height, as well as a description as to how to measure the height of a building. The definition of building height (Section 16.02.140"B") is not consistent with Section 16.06.100, which references the Building Code when defining how to measure the height of a building. Finally, Table 10-1 "Maximum Permitted Projections into Required Yard Areas" does not permit "architectural projections", whereas the building height definition in Section 16.02.140 does. The proposed ordinance would address these ambiguities by referring to the Building Code (CBC) for height and method of measurement. A final area that needs to be clarified in relation to the Building Codes is the setbacks and eave extensions for patio covers. Although this ambiguity has not impacted any projects, staff is proposing that this be clarified as part of this proposed ordinance. The rear setback for a patio cover has previously been defined as measured from the post, however, as part of the November 2006, Development Code update; it was inadvertently referred to as from the eave, thereby increasing the required rear setback for patio eaves. This issue is corrected in the proposed ordinance. PLANNING COMMISSION REVIEW: The Planning Commission reviewed the proposed Development Code Amendment at their meeting of October 7, 2008. A copy of the Planning Commission staff report is attached. The Planning Commission was concerned that the CBC uses the average height as part of the building height definition instead of specifying the maximum height limit. The CBC defines the building height as, "The vertical distance from the grade plan to the average height of the highest roof surface". Staff explained that the maximum building height was already included in each of the zoning districts for residential, commercial, and other zones. For example, the single-family residential district limits the building height to 35' maximum. As part of the Planning Commission recommendation to the City Council for approval of this Development Code Amendment (unanimous vote, 4-0, Commissioner Eliason absent), the Commission directed the Assistant City Attorney to verify if further height restrictions can be added in the Development Code. Assistant Citv Attornev's Legal Research: The Assistant City Attorney has researched the State law and court cases, including one Attorney General Opinion that clarifies that the California Health and Safety Code preempts all local regulations on building standards. The only exception to this is if the AGENDA DATE: November 12, 2008 PAGE 3 SUBJECT: DEVELOPMENT CODE AMENDMENT 08DCA01 - REVIEW AND CONSIDERATION OF AN ORDINANCE AMENDING THE CHINO HILLS MUNICIPAL CODE, INCLUDING TITLE 16 DEVELOPMENT CODE TO REPLACE EXISTING REFERENCES TO THE UNIFORM BUILDING CODE WITH THE CALIFORNIA BUILDING CODE AND TO CORRECT INCONSISTENCIES BETWEEN THE DEVELOPMENT CODE AND CALIFORNIA BUILDING CODE RELATIVE TO BUILDING HEIGHT DEFINITION AND MEASUREMENT, AND TO CLARIFY PATIO COVER SETBACKS AND SAVE EXTENSIONS INTO THE YARD AREAS City finds there is a local climatic, geological or topographical conditions under the process found in Health and Safety Code Sections 17958.5 and 17958.7, Based on the information provided, unless the City can make the findings for a local condition under Health and Safety Code Sections 17958.5 and 17958.7, the City is bound by the building height definition found in the California codes as adopted by the Legislature. The ambiguity identified by the Planning Commission was created by the Legislature, and the City lacks the power to resolve it by changing the language of the Code. ENVIRONMENTAL ANALYSIS: The proposed Development Code Amendment 08DCA01 and adoption of the ordinance is exempt for the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that there is no possibility that the implementation of the Ordinance may have significant effects on the environment. REVIEW BY OTHERS: In addition to the Planning Commission review, the City Attorney has reviewed this report. FISCAL IMPACT: There is no fiscal impact associated with the adoption of the ordinance. R ectfully Submitted, Recommended by: Do gl s N. La Belle Christine Kelly City Manager Community Development Dirt Attachments: Ordinance Public Hearing Notice Planning Commission Staff Report ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA AMENDING THE CHINO HILLS MUNICIPAL CODE, INCLUDING TITLE 16 DEVELOPMENT CODE TO REPLACE EXISTING REFERENCES TO THE UNIFORM BUILDING CODE WITH THE CALIFORNIA BUILDING CODE AND TO CORRECT INCONSISTENCIES BETWEEN THE DEVELOPMENT CODE AND CALIFORNIA BUILDING CODE RELATIVE TO BUILDING HEIGHT DEFINITION AND MEASUREMENT, AND TO CLARIFY PATIO COVER SETBACKS AND EAVE EXTENSIONS INTO THE YARD AREAS (DEVELOPMENT CODE AMENDMENT 08DCA01) 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 Chino Hills Municipal Code Chapter 1.04 and Development Code Chapter 16.62 authorize the City Council to initiate amendments to the Development Code to address health, safety, and welfare of the community. B. The City Council adopted the California Building Code on November 27, 2008. C. The Municipal Code, including Title 16 Development Code currently references Uniform Building Code which is superseded with the California Building Code. D. The amendment to the Municipal Code, including amendment to Title 16 Development Code to replace references to the Uniform Building Code with the California Building Code, to update sections of the Development Code relative to building height definition and measurement for consistency within the Codes, and to clarify the patio cover setbacks and allowance for eave extensions into the yard areas ensures that certain sections of the Code, as set forth herein are consistent and provide residents, developers, and contractors with the current Code and proper standards for plan preparation and building construction. E. The Planning Commission conducted a duly noticed public hearing on October 7, 2008, and after reviewing the Code Amendment and considering public testimony, the Planning Commission recommended to the City Council the approval of this Amendment. 1 of 5 F. The City Council conducted a duly noticed public hearing on November 12, 2008, at which time all interested persons were given an opportunity to testify in support of, or in opposition to the project. G. In accordance with the California Environmental Quality Act ("CEQA") Guidelines Section 21065, 21080, and 15061(b)(3) of the State CEQA Guidelines, the proposed ordinance amending the Chino Hills Municipal Code including Title 16 Development Code to replace references to the Uniform Building Code with the California Building Code, and to correct inconsistencies between the Development Code and the California Building Code regarding the building height definition and measurement and patio cover setbacks, is not considered a project. It can be seen with certainty that there is no possibility that the adoption of the ordinance may have a significant effect on the environment. SECTION 2. With regard to the approval of this Development Code Amendment (08DCA01), based upon oral and written testimony and other evidence received at the public hearing held for this item, and upon studies and investigations made by the City Council and on its behalf, the City Council does further find, pursuant to Section 16,62.040 of the Development Code, as follows: A. FACT: That the proposed Development Code Amendment is consistent with the goals, policies and objectives of the General Plan. FINDING: Development Code Amendment 08DCA01 will amend the Municipal Code, including Development Code to provide correct references to California Building Code when applicable sections of the Municipal Code and Development Code refer to the standards in the Uniform Building Code. The Development Code Amendment will also corrects the inconsistencies between definition and measurement of building height and clarify the setbacks for patio cover and the allowable extensions of the patio cover eave. The amendment will assist in the implementation of Development Code so that clear development standards are provided for development and building constructions in the City to ensure a high quality of life for all residents, which is consistent with the goals, policies, and objectives of the General Plan (Major Goal 2). B. FACT: That the proposed Development Code Amendment will not adversely affect surrounding properties. FINDING: That proposed Development Code Amendment is a citywide Development Code Amendment that ensures that there is an internal consistencies between standards in the Municipal Code and Development Code to further enhance the health, safety, and welfare of the community and will not affect surrounding properties. 2 of 5 SECTION 3. The Municipal Code is hereby amended as follows: A. All references in the Chino Hills Municipal Code to the "Uniform Building Code" are hereby amended to refer to the "California Building Code." Any conflict between this Ordinance and the existing Chino Hills Municipal Code will be interpreted broadly in favor of preserving the uniformity and effectiveness of the Chino Hills Municipal Code. B. Section 16.02.140 "B" Definition is hereby amended as follows: "Building height shall be defined and measured according to the definition contained in the California Building Code. C. Section 16.06.100 Measurement of Building height is hereby amended as follows: "The height limits for buildings are described in Title 16 for each of the individual zoning districts. Building height shall be defined and measured as prescribed in the California Building Code. D. Section 16.06.070, The Architectural Projections and Open Patio standards and Note d for Table 1 below, shall be amended as follows. All other items in the table and notes for Table 10-1 remain the same. Table 10-1. Maximum Permitted Projections Into Required Yard Areas Feature Architectural ;Projections: ;Cornices, Eaves, !Porte Cochere, and ;Roof Overhangs Patios, Open tdt Notes for Table 10-1: Interior Side + Maximum Projection Above Front and Street Yards and t Height Limit Side Yards Rear Courts j Maximum ' Maximum Maximum ;Projection Into Projection Into Projection Into Rear Yard Side Yard Area Yard Area ta) Area ta) 4'4" 4'-0" 2'-0" Not Permitted Eaves do not apply to patio covers. Please see note (d) for eaves overhang for patio covers. Not permitted in Maximum Not Permitte11 d Not Permitted front yard; 4'0" Projection up to projection 60" from rear permitted into property line street side yard (d) Patio cover setback is measured from the posts to the property line. Eaves are allowed to extend a maximum of one (1) foot past the posts (supports). 3of5 SECTION 4. Amendment of any provision of the Chino Hills Municipal Code herein will 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 amended part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance." SECTION 5. The City Council does hereby declares that the provisions of this Ordinance are severable and if for any reason a court of competent jurisdiction shall hold any sentence, paragraph or section of this Ordinance to be invalid, such decision shall not affect the validity of the remaining parts of this Ordinance. SECTION 6, The City Clerk shall certify as to the adoption of this ordinance and shall cause the summary thereof to be published within fifteen (15) days of the adoption and shall post a certified copy of this Ordinance, including the vote for and against the same, in the office of the City Clerk, in accordance with Government Code Section 36993, for the City of Chino Hills. PASSED, APPROVED, AND ADOPTED this day of November 2008. ATTEST: MARY M. McDUFFEE, CITY CLERK APPROVED AS TO FORM: MARK D. HENSLEY. CITY ATTORNEY 4 of 5 CURT HAGMAN, MAYOR NOTICE OF PUBLIC HEARING DATE: Wednesday, November 12, 2008 TIME: 7:00 P.M. PLACE, City of Chino Hills Council Chambers 14000 City Center Drive Chino Hills, CA 91709 NOTICE IS HEREBY GIVEN that the City Council of the City of Chino Hills will hold a public hearing at the time and place indicated above to consider Development Code Amendment 08DCA01, an amendment to the Chino Hills Municipal Code, including Title 15 Development Code to replace references to the Uniform Building Code with the California Building Code, to update sections of the Development Code relative to building height definition and measurement for consistency with the California Building Code, and to clarify patio cover setbacks and eaves extension into the yard areas. NOTICE IS FURTHER GIVEN that a determination has been made that the adoption of the Ordinance associated with the proposed Development Code Amendment 08DCA01 is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the State CEQA Guidelines and the City of Chino Hills Local Procedures for Implementing the California Environmental Quality Act. 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, Wednesday, Thursday, and Friday from 7:30 a.m, to 3:30 p.m., and Tuesday from 7:30 a.m. to 7:00 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 Zai Abu Baker, Assistant Community Development Director — Development Services with the Community Development Department at (909) 364-2756. DATED: October 29, 2008 S/Zai Abu Bakar, Assistant Community Development Director — Development Services PUBLISH: Chino Hills Champion Saturday, November 1, 2008 CITY OF oCHMOM" I OCT 7 2008 CITY OF CHINO HILLS STAFF REPORT TO THE PLANNING COMMISSION DATE: OCTOBER 7, 2008 APPROVED AS TO: PLANNING COMMISSION RECOMMENDED FROM: CHRISTINE KELLY, COMMUNITY DEVELOPMENT DIRECTOR SUBJECT: AGENDA ITEM NO. 7a - REVIEW AND CONSIDERATION OF AN ORDINANCE AMENDING THE CHINO HILLS MUNICIPAL CODE, INCLUDING TITLE 16 DEVELOPMENT CODE TO REPLACE EXISTING REFERENCES TO THE UNIFORM BUILDING CODE WITH THE CALIFORNIA BUILDING CODE AND TO CORRECT INCONSISTENCIES BETWEEN THE DEVELOPMENT CODE AND CALIFORNIA BUILDING CODE RELATIVE TO BUILDING HEIGHT DEFINITION AND MEASUREMENT, AND TO CLARIFY PATIO COVER SETBACKS AND EAVES EXTENSION INTO THE YARD AREAS (DEVELOPMENT CODE AMENDMENT 08DCA01) RECOMMENDATION That the Planning Commission adopt the attached resolution recommending to City Council approval of an amendment to the Municipal Code, including Title 16 Development Code to replace references to the Uniform Building Code with the California Building Code, to update sections of the Development Code relative to building height definition and measurement for consistency with the California Building Code, and to clarify the patio cover setbacks and allowance for eaves extension into the yard areas. BACKGROUND/ANALYSIS The City Council adopted the California Building Code (CBC) on November 27, 2007 (Ordinance No. 201), as a replacement to the Uniform Building Code (UBC). Since some sections of the Municipal Code, including the Development Code, still refer to the UBC, these sections must be revised so that residents, developers, and contractors know to use the CBC for plan preparation and building construction. Additionally, two sections of the Development Code need to be revised to clarify their relationship to the Building Code. Sections 16.02.140"B" and 16.06.100, provide a definition of building height, as well as a description as to how to measure the height of a building. The definition of building height (Section 16.02.140"B") is not consistent with Section 16.06.100, which references the Building Code when defining how to measure the height of a building. Finally, Table 10-1 "Maximum Permitted Projections into Required Yard Areas" does not permit "architectural projections", whereas the building height definition in Section 16.02.140 does. The Development Code Amendment 08DCA01 Planning Commission Staff Report proposed ordinance would address these ambiguities by referring to the Building Code (CBC) for height and method of measurement. A final area that needs to be clarified in relation to the Building Codes is the setbacks and eave extensions for patio covers. Although this ambiguity has not impacted any projects, staff is proposing that this be clarified as part of this proposed ordinance. The rear setback for a patio cover has previously been defined as measured from the post, however, as part of the November 2006, Development Code update; it was inadvertently referred to as from the eave, thereby increasing the required rear setback for patio eaves. This issue is corrected in the proposed ordinance. References to the California Building Code As indicated in the Background and Analysis section, the CBC replaces the UBC. The proposed ordinance will replace any references to the UBC with CBC in the Municipal Code, including Development Code so that residents, developers, and contractors know to use the CBC for plan preparation and building construction. Section 3.A, page 3 of the draft ordinance shows the proposed amendment. Building Height Definition and Measurement Development Code Sections 16.02.140 `B" and Section 16.06.100, provide a definition of and measurement for building heights (Refer to the bullets below). However, these sections are not consistent with each other, in that the Section 16.06.100 is based on the Building Code, and Section 16.02.140."B" is not. Section 16.02.140 "B" was adopted by the City in November 2006, as part of a Development Code update, however it was not benchmarked against other sections of the Municipal Code, which regulate the measurement of building heights, and establish regulations relating to appurtenant structures. In order to resolve this inconsistency, the Definition Section of the Development Code Section 16.02.140'B" is being revised to reference the Building Code as follows: Section 16.02.140 `B" -'Building Height' shall be defined and measured according to the definition and measurement contained in the California Building Code. The CBC defines the building height as, "The vertical distance from grade plane to the average height of the highest roof surface." Section 3.13 and C, page 3 of the draft ordinance show the proposed amendment. Patio Cover Setbacks Table 10-1 and Note (d) in Section 16.06.070 of the Development Code provide standards for the various projections of accessory structures, including patio cover setbacks and eaves overhang into the residential yard areas. The rear setback for a patio cover has previously been defined as measured from the post, however, as part of the November 2006, Development Code update; it was inadvertently referred to as from the eave, thereby increasing the required rear setback for patio eaves. City of Chino Hills 2 October 7, 2008 Development Code Amendment 08DCA01 Planning Commission Staff Report To correct this issue, a footnote needs to be added to the architectural projections feature to indicate that, "Eaves do not apply to patio covers," and Note (d) be amended to say, "Patio cover setback is measured from the posts to the property line. Eaves are allowed to extend a maximum of one (1) foot past the posts (supports)." Section 3.D of the proposed ordinance shows the proposed amendment. RECOMMENDED CHANGES The details of the recommended changes are indicated on page 3 of the proposed ordinance (attached). ENVIRONMENTAL DETERMINATION Adoption of the proposed ordinance is not considered a project per the California Environmental Quality Act ("CEQA") Guidelines Sections 21065, 21080, and 15061(b)(3) of the State CEQA Guidelines. The proposed ordinance amending the Chino Hills Municipal Code to replace references to the Uniform Building Code with the California Building Code, and to correct inconsistencies between the Development Code and the California Building Code regarding the building height definition and measurement and patio cover setbacks, is not considered a project. It can be seen with certainty that there is no possibility that the adoption of the ordinance may have a significant effect on the environment. Respectfully Submitted By: Christine Kelly Community Development Director Attachments: Resolution Draft Ordinance Public Hearing Notice Prep d and Recommended by: ff"L& Zai Abu Bakar Asst. Comm.Dev. Director— Dev. Svcs. City of Chino Hills 3 October 7, 2008 RESOLUTION NO. PC2008 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF CHINO HILLS RECOMMENDING TO THE CITY COUNCIL THE APPROVAL OF DEVELOPMENT CODE AMENDMENT 08DCA01 AND ADOPTION OF AN ORDINANCE AMENDING THE CHINO HILLS MUNICIPAL CODE, INCLUDING TITLE 16 DEVELOPMENT CODE TO REPLACE EXISTING REFERENCES TO THE UNIFORM BUILDING CODE WITH THE CALIFORNIA BUILDING CODE AND TO CORRECT INCONSISTENCIES BETWEEN THE DEVELOPMENT CODE AND CALIFORNIA BUILDING CODE RELATIVE TO BUILDING HEIGHT DEFINITION AND MEASUREMENT, AND TO CLARIFY PATIO COVER SETBACKS AND EAVES EXTENSION INTO THE REQUIRED YARD AREAS THE PLANNING COMMISSION OF THE CITY OF CHINO HILLS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission does hereby make the following findings of fact: A. That the Chino Hills Municipal Code Section 1.04 and Development Code Chapter 16.62 authorize the City Council to amend the Municipal Code and Development Code to address health, safety, and welfare of the community. B. The City Council on December 27, 2007 adopted the California Building Code. C. The amendment to the Municipal Code, including amendment to Title 16 Development Code to replace references to the Uniform Building Code with the California Building Code, to update sections of the Development Code relative to building height definition and measurement for consistency within the Codes, and to clarify the patio cover setbacks and allowance for eaves extension into the yard areas ensures that certain sections of the Code, as set forth herein are consistent and provide residents, developers, and contractors with the current Code and proper standards for plan preparation and building construction. D. The Planning Commission conducted a duly noticed public hearing on October 7, 2008, and after reviewing the Code Amendment and considering public testimony, the Planning Commission recommended to 1 of 4 the City Council the approval of this Amendment. SECTION 2. Based upon oral and written testimony and other evidence received at the public hearing held on the Development Code Amendment 08DCA01, and upon studies and investigations made by the Planning Commission and on its behalf, the Commission does hereby determine that the proposed Development Code Amendment is exempt for the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that there is no possibility that the implementation of the Ordinance may have significant effects on the environment. Therefore, no environmental impact analysis is required. SECTION 3. The Planning Commission hereby makes the following findings, pursuant to Section 16.62.040 of the Development Code, regarding Development Code Amendment (08DCA01), a request to amend the Municipal Code, including Title 16 of the Municipal Code to to replace references to the Uniform Building Code with the California Building Code, and to correct inconsistencies between the Development Code and the California Building Code regarding the building height definition and measurement and patio cover setbacks. A. FACT: That the proposed Development Code Amendment is consistent with the goals, policies and objectives of the General Plan. FINDING: Development Code Amendment 0BDCA01 will amend the Municipal Code, including Development Code to provide correct references to California Building Code when applicable sections of the Municipal Code and Development Code refer to the standards in the Uniform Building Code. The Development Code Amendment will also corrects the inconsistencies between definition and measurement of building height and clarify the setbacks for patio cover and the allowable extension of the patio cover eaves. The amendment will assist in the implementation of Development Code so that clear development standards are provided for development and building construction in the City to ensure a high quality of life for all residents, which is consistent with the goals, policies, and objectives of the General Plan (Major Goal 2). B. FACT: That the proposed Development Code Amendment will not adversely affect surrounding properties. FINDING: That proposed Development Code Amendment is a citywide Development Code Amendment that ensures that there is an internal consistencies between standards in the Municipal Code and Development Code to further enhance the health, safety, and welfare of the community and will not affect surrounding properties. SECTION 4. The Planning Commission does hereby recommend to the City Council the approval of Development Code Amendment 08DCA01 and adoption of an Ordinance as referenced herein to amend Title 16 of the Chino Hills Municipal, SECTION 5. The Planning Commission Secretary shall certify as to the adoption of this resolution. PASSED, APPROVED, AND ADOPTED this day of October, 2008. ATTEST: KAREN PULVERS PLANNING COMMISSION SECRETARY APPROVED AS TO FORM: BRADLEY E. WOHLENBERG ASSISTANT CITY ATTORNEY MICHAEL BRAUN, CHAIRMAN 3of4 AFFIDAVIT OF MAILING STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss. CITY OF CHINO HILLS ) I, Mary M. McDuff ee, City Clerk, being duly sworn, depose that on the 30th day of October, 2008, did place in the outgoing City mailbox for deposit in the United States mail, postage prepaid, the attached Notice of Public Hearing, a copy of which is attached hereto and made a part hereof, to the individuals listed in the attached document. (SEAL) Subscribed and sworn to before me this 30ih day of Octohu, 2uos 17A City Council: EdM.Graham Curt Hagman W.C.`Bill"Kruger GwennE.Norton-Perry Peterj.Rogers 2001 Grand Avenue, Chino Hills, CA 91709 • (909) 364-2600 • FAX (909) 364-2695 • www.chinohills.org NOTICE IS HEREBY GIVEN that the City Council of the City of Chino Hills will hold a public hearing on Wednesday, November 12, 2008, at 7:00 p.m., in the Council Chambers of City Hall located in the Government Center, 14000 City Center Drive, Chino Hills to consider the following project: CASE NOS.: Development Agreement, Tentative Parcel Map 19152, and Amendment #3 to Specific Plan 04-01 APPLICANT: City of Chino Hills PROPOSAL: The City of Chino Hills is proposing a Development Agreement ("Agreement") prepared pursuant to Government Code 65865 between the City of Chino Hills and the future developer of the Mixed -Use project site. The Development Agreement outlines terms relative to the development of the Shoppes Mixed -Use project, such as the approved commercial/retail and hotel tenant lists. Through the Agreement, the City would vest the right of the future developer to develop the Shoppes Mixed -Use property in accordance with the project approvals, including Specific Plan 04-01 provisions, conditions of approval and mitigation measures. The City is also proposing Tentative Parcel Map 19152 that subdivides Parcel 1 of Parcel Map 17933 into two (2) parcels for the future development of the hotel, commercial/retail and residential uses within the Shoppes Mixed -Use project site. Finally, the City is proposing amendment #3 to Specific Plan 04-01 to allow for a mixed -use development, which includes permitting the development of a mix of uses that include commercial/retail, office, apartments, hotel, and community center uses. Also proposed are various development standards to be revised to allow for an urban mixed -use development. LOCATION: Sh000es Mixed -Use Site: Generally southeast corner of Grand Avenue and Peyton Drive. Located north of St. Paul the Apostle, south of Shoppes Retail, west of Boy's Republic, east of the Post Office and Government Center. Communitv Park/Park Residential: Northwest corner of Peyton Drive and Eucalyptus Avenue. Locate( west of Ayala High School and south of McCoy Equestrian Center. A.P.N.: 1022-021-30 and 31 ENVIRONMENTAL Following a duly noticed public hearing before the City Council on August 23, 2005, the City of REVIEW: Chino Hills adopted an Environmental Impact Report (EIR) and associated Findings of Fact, Statement of Overriding Considerations and Mitigation Monitoring Program, for the subject project in accordance with the State of California Environmental Quality Act, California Public Resources Code Sections 21000, et seq., ("CEQX) and the CEQA Guidelines. In accordance with Section 15164 of the CEQA Guidelines, the proposals are consistent with the approved and certified EIR, and as set forth with the project environmental documentation the City of Chino Hills has determined that none of the conditions identified in Section 15162 occur and therefore, an addendum was prepared. STAFF: Christine Kelly, Community Development Director Henry Noh, Principal Planner Joann Lombarbo, Planning Consultant Any person affected by this application may submit their concerns in writing prior to the hearing or appear in person and be heard in support or opposition to the proposal at the time of the hearing. Due to time constraints and the number of persons wishing to give oral testimony, time restrictions may be placed on oral testimony at the public hearing regarding this proposal. You may wish to make your comments in writing to assure that you are able to express yourself adequately. If you challenge any decision regarding the above proposal in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City Council at, or prior to, the public hearing. The City Council in their deliberation could approve an alternative proposal for the above roject. The proposed project application and environmental finding may be viewed Monday, Wednesday, Thursday and Friday from 7:30 a.m. to 3:30 p.m. and Tuesday from 7:30 a.m. to 7:00 p.m. in the Community Development Department, City Hall, 14000 City Center Drive., Chino Hills, California. Additional information regarding this project may be obtained from Henry K. Noh, Principal Planner, with the Community Development Department at (909) 364-2761. Impression antibourrage et a s6chage rapide o www.avery com Q AVERY® 5160® Utilisez le gabarit 51600 �� 1-800-GO-AVERY APN: 1022-021-49 & 1022-021-56 103220137 102402207 SHOPPES AT CHINO HILLS INC LEE, GEORGE S DHAND, SUBHASH TR `OPUS WEST CORPORATION 'a E CAMELBACK RD STE 800 3058 GALLOPING HILLS RD 1433 W MERCED STE 311 26 PHOENIX AZ 85016-9267 � CHINO HILLS, CA - 91709 WEST COVINA, CA - 91790 APN: 1022-021-28 & 1022-021-29 103220132 102402210 ROMAN CATHOLIC BISHOP OF ',COFFIN, RAYMOND J ''CROSS, GARY K SAN BDNO 1 BUCKHAVEN RD 2991 ENGLISH RD HIG13094 SAN BERNARDINO CA 92404 E HIGHLAND AVE SAN CHINO HILLS, CA - 91709 CHINO HILLS, CA - 91709 102579111 APN: 1022-291-08 103222102 'GOMES, NORMA F LIVING TRUST 9- BOYS REPUBLIC CABALLERO FAMILY TRUST 12-27-90 ,14-00 3493 GRAND AVE 14566 PEYTON DR 3340 TACT CT CHINO HILLS CA 91709 CHINO HILLS, CA - 91709 ''CHINO HILLS, CA - 91709 APN: 1022-021-12 UNITED STATES POSTAL SERVICE 103220138 102233105 C/O PACIFIC FACILITIES SERV OFFICE LIN, LIU-YUH CHINO UNIFIED SCHOOL DIST 395 OYSTER POINT BLVD STE 225 ,3052 GALLOPING HILLS RD 5130 E RIVERSIDE DR SOUTH SAN FRANCISCO CA 94099- CHINO HILLS, CA - 91709 ,CHINO, CA - 91710 0300 102233107 APN: 1022-021-30, 31, 32, 35, 36, 37, 38, 130 LEE, F FLEE, UNG CORP PRIES BISHOP CH J C L D S 39, and 40 CITY OF CHINO HILLS 3099 BUCKHAVEN RD 3332 EUCALYPTUS AVE CHINO HILLS, CA - 91709 CHINO HILLS, CA - 91709 IS AVERY® 51600 103245104 SAN B 113 SAN BERNARDINO CO FLOOD 3OULET, LOUIS L CONTROL DIST ?299 AVENIDA LA PAZ - 825 E THIRD ST 102402208 :HINO HILLS, CA - 91709 SAN BERNARDINO, CA - 92415 KENNEDY, RONALD LEE 2951 ENGLISH RD CHINO HILLS, CA - 91709 103220139 102501104 FHUNE, JOHN H II MOE FAM TR 12/1/06 W44 GALLOPING HILLS RD 14551 PEYTON DR 102402209 ;HIND HILLS, CA - 91709 CHINO HILLS, CA - 91709 CHINO VALLEY EQUINE PROPERTIES LLC 2945 ENGLISH RD 03220136 CHINO HILLS, CA - 91709 AOORE, GEORGE E JR 1064 GALLOPING HILLS RD 103220131 :HIND HILLS, CA - 91709 KIM, YONG SUN 3098 BUCKHAVEN RD CHINO HILLS, CA - 91709 03220135 kGWUENU, AUGUSTINE 1076 BUCKHAVEN RD 103222104 %HINO HILLS, CA - 91709 CABALLERO, MADALENE 766 PEYTON DR ,[NO HILLS, CA - 91709 03220133 IAMADA, ROY KAZUO ;1088 BUCKHAVEN RD 103220134 ,HINO HILLS, CA - 91709 DODD, DENNIS E 3082 BUCKHAVEN RD Aa3nv o0 oos i ®ous altndw3loiaanyasn � n n4�no .... ...a........... Rnmma anij a6onwc oue wer Page 1 of 1 Cindy Winslow From: Barbara Branam[BBranam@championnewspapers.com] Sent: Thursday, October 30, 2008 10:14 AM To: Cindy Winslow Subject: RE: Notice of Public Hearing Confirming request for publication 11-1-08 Barbara S. Branam Legal Notices Champion Newspapers Chino Champion • Chino Hills Champion (909) 628-5501, ext 11 Bbranam C@ Ohamni onNewsnaoers.com www.Champion Newsmoers.com .0 t TA - From: Cindy Winslow[mailto:cwinslow@chinohills.org] Sent: Thursday, October 30, 2008 10:06 AM To: Barbara Branam Cc: Mary McDuffee Subject: Notice of Public Hearing Please publish the attached Notice of Public Hearing for items related to Tentative Parcel Map 19152. Thanks and please confirm. Cy?2thia I. WinSCow Assistant City CCerk C£7 y Of' C:1 ixo HILLS (909) 364-2621 c tviltisCow@chinvhiCC .ol A The information contained in this e-mail message is intended only for the use of the individual or individuals named, above. If the person actually receiving this message or any other reader of this message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you received this communication in error, please notify the sender immediately. 10/30/2008 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Chino Hills will hold a public hearing on Wednesday, November 12, 2008, at 7:00 p.m., in the Council Chambers of City Hall located in the Government Center, 14000 City Center Drive, Chino Hills, to consider a Development Agreement, Tentative Parcel Map 19152, and Amendment #3 to Specific Plan 04-01. PROJECT DESCRIPTION: The City of Chino Hills is proposing a Development Agreement ("Agreement") prepared pursuant to Government Code 65865 between the City of Chino Hills and the future developer of the Mixed -Use project site. The Development Agreement outlines terms relative to the development of the Shoppes Mixed -Use project, such as the approved commercial/retail and hotel tenant lists. Through the Agreement, the City would vest the right of the future developer to develop the Shoppes Mixed -Use property in accordance with the project approvals, including Specific Plan 04-01 provisions, conditions of approval and mitigation measures. The City is also proposing Tentative Parcel Map 19152 that subdivides Parcel 1 of Parcel Map 17933 into two (2) parcels for the future development of the hotel, commercial/retail and residential uses within the Shoppes Mixed -Use project site. Finally, the City is proposing amendment #3 to Specific Plan 04-01 to allow for a mixed - use development, which includes permitting the development of a mix of uses that include commercial/retail, office, apartments, hotel, and community center uses. Also proposed are various development standards to be revised to allow for an urban mixed -use development. PROJECT LOCATION: Sh000es Mixed -Use Site: Generally southeast corner of Grand Avenue and Peyton Drive. Located north of St. Paul the Apostle, south of Shoppes Retail, west of Boy's Republic, east of the Post Office and Government Center. Community Park/Park Residential: Northwest corner of Peyton Drive and Eucalyptus Avenue. Located west of Ayala High School and south of McCoy Equestrian Center. ENVIRONMENTAL REVIEW: Following a duly noticed public hearing before the City Council on August 23, 2005, the City of Chino Hills adopted an Environmental Impact Report (EIR) and associated Findings of Fact, Statement of Overriding Considerations and Mitigation Monitoring Program, for the subject project in accordance with the State of California Environmental Quality Act, California Public Resources Code Sections 21000, at seq., ("CEQA") and the CEQA Guidelines. In accordance with Section 15164 of the CEQA Guidelines, the proposals are consistent with the approved and certified EIR, and as set forth with the project environmental documentation the City of Chino Hills has determined that none of the conditions identified in Section 15162 occur and therefore, an addendum was prepared. NOTICE IS HEREBY FURTHER GIVEN that if you challenge the above described project in court, you may be limited to raising only those Issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. ALL PERSONS INTERESTED are invited to be present at the public hearing. Additional information regarding this project may be obtained from Henry K. Noh, Principal Planner, with the Community Development Department at (909) 364-2761, Monday, Wednesday, Thursday and Friday from 7:30 a.m. to 3:30 p.m. and Tuesday from 7:30 a.m. to 7:00 p.m. DATED: October 30, 2008 S/Mary M. McDuffee, City Clerk PUBLISH: Chino Hills Champion Saturday, November 1, 2008