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01-03-2006 PLANNING COMMISSION Minutes CITY OF CHINO HILLS PLANNING COMMISSION MEETING/PUBLIC HEARING MINUTES JANUARY 3, 2006 CHINO HILLS COUNCIL CHAMBERS 2001 GRAND AVENUE CHINO HILLS, CALIFORNIA COMMISSIONERS PRESENT STAFF PRESENT Mike Braun James DeStefano Adam Eliason Winston Ward Abe Hovsepian Jeff Adams Art Bennett Betty Donavanik Steve Nix Dawn Vierheilig COMMISSIONERS ABSENT . Karen Bristow The Planning Commission Meeting of January 3, 2006, was called to order at 7:00 P.M. by Vice Chairman Bennett, who then led the audience in the Pledge of Allegiance. ITEM #4 - PUBLIC COMMENTS None ITEM #5 - CONSENT CALENDAR a. Residential Design Review #296: 4277 Sierra Vista Drive. A request by Renee Valdez to add 774 square feet to an existing 1,502 square foot home and to reduce a side yard setback from 5'-0"to 4'-6." COMMISSION ACTION: The Planning Commission approved Item 5a. MOTION: Hovsepian SECOND: Braun AYES: Braun, Eliason, Hovsepian, Bennett NOES: None ABSENT: Bristow Planning Commission Minutes—January 3, 2006 1 c ITEM #6 - ACTION ITEMS None ITEM #7 - PUBLIC HEARING a. CASE NO: Site Plan Review 04SPRO3, 04SPRO4 and associated Sign Program, and 04SPRO6; Tentative Parcel Map 17543; and Development Agreement. (Continued from 12/6/05) OWNER/APPLICANT: City of Chino Hills and Opus West Corporation (Opus) PROPOSAL: The project involves the following five components: (1) Site Plan Review for the Shoppes Retail Center with approximately 360,000 square feet of retail, restaurant, service and office building area on 26.18 acres, ancillary surface parking and accompanying sign program; (2) Site Plan Review for the Shoppes Residential with 190 multifamily dwelling units on 9.38 acres and ancillary surface parking; plus a Mixed Use component consisting of 18 multifamily dwelling units and approximately 4,147 square feet of retail, with ancillary parking garage space; (3) Site Plan Review for the Park . Residential with 96 multifamily dwelling units on 6.78 acres, plus ancillary surface parking; (4) Development Agreement between the City of Chino Hills and Opus; and (5) Tentative Parcel Map 17543. LOCATION: Shoppes Retail Center Site: Generally southeast corner of Grand Avenue and Peyton Drive; Shoppes Residential and Mixed Use Component Site: Generally southeast corner of Grand Avenue and Peyton Drive; Park Residential Site: Northwest corner of the intersection of Eucalyptus Avenue and Peyton Drive. RECOMMENDATION: Staff recommends that the Planning Commission continue this item to January 17, 2006. COMMISSION ACTION: The Planning Commission continued this item to January 17, 2006. MOTION: Hovsepian SECOND: Eliason AYES: Braun, Eliason, Hovsepian, Bennett NOES: None ABSENT: Bristow — Planning Commission Minutes—January 3, 2006 2 • • • b. CASE NO: Tentative Tract Map No. 16683 and Design Review#278 OWNER/APPLICANT: Thomas Wynne 927 Deep Valley Drive Rolling Hills Estates, California 90274 PROPOSAL: A request for the approval of Tentative Tract Map No. 16683 for the subdivision of 2.5 acres into ten lots and Design Review #278 for the single-family residences on the proposed lots. LOCATION: ' The site is located on the northeast corner of Bird Farm Road and Wallace Avenue, adjacent to the 71 Freeway. • RECOMMENDATION: Staff recommends that the Planning Commission approve the Mitigated Negative Declaration and Mitigation Monitoring Program, and adopt a resolution approving Tentative Tract Map No. 16683 and Design Review#278 based on the findings of facts as listed in the resolution and subject to the conditions of approval. Associate Planner Betty Donavanik presented the staff report, which is on file in the Community Development Department. Associate Planner Donavanik responded to Commissioner Eliason that there was no plan to extend the sound attenuation wall. Lot 10 is accessible from Bird Farm Road. There is approximately 400 feet between this development and the approved condominium project and the project is not continuing the sound attenuation wall because it is required to provide a new 17-foot sound wall. Commissioner Braun said he found the setback table easier to read. Commissioner Braun asked if the acoustical study was done from ground level or at the point of the second story units. Associate Planner Donavanik responded that this preliminary study was done at different levels. Commissioner Braun asked that Condition of Approval #104 be more specific about who would review and approve the final acoustical study to wit, the City Engineer with review and approval of the Community Development Director. Assistant Community Development Director Winston Ward responded to Commissioner Braun that Condition of Approval #85 was subject to all of the conditions of CFD 5 and Special Tax A and Special Tax B — Chino Unified School District taxes. Commissioner Hovsepian asked what would happen if Mr. Wynne decided he did not want to participate in the Affordable Housing Program. Community Development Director DeStefano responded that the applicant had an opportunity tonight to object to any of the proposed conditions and the Planning Commission could weigh the issues and determine whether the objection should be resolved as a part of the final decision. When a condition reflects the City's Code, the Planning Commission has far less flexibility to offer amendments. For example, the • • Commission does not have the ability to waive a project from participation in a taxing district. However, the developer stated he did not have an objection and as a result, the condition was amended. The dollar amount outlined in the Affordable Housing Condition is in accordance with the State's adopted policy. The Chino Hills General Plan has an adopted Housing Element and has been working for some time on an Affordable Housing Ordinance. The Keyser Planning Commission Minutes—January 3, 2006 3 Marston study indicates that cities like Chino Hills have the ability to charge developers a per square foot rate from $6.00 to $41.00 so that developers either create affordable housing within their residential projects or contribute an "in-lieu" fee to the local jurisdiction toward the creation of an affordable housing fund to create a variety of different programs to assist residents in buying properties in the City where they would otherwise,be priced out of the market. In staff's estimation, the $15,000 per unit contribution would not significantly affect the developer's anticipated return nor will it affect the ability of homebuyers to purchase products in the City at their current selling prices. Commissioner Eliason asked if an easement would be provided for the 10-inch waterline through Lot 10 and Associate Planner Donavanik responded affirmatively. Commissioner Eliason asked if there would be a Landscape Maintenance District along Bird Farm Road or would the individual property owners be responsible for maintenance to which Associate Planner Donavanik responded maintenance would be the responsibility of the individual property owners. Commissioner Eliason asked staff to consider moving the AC condensers from the side of the property to the rear of the property on future projects. He noticed the driveway locations of Lots 4, 5 and 9 were located immediately adjacent to Bird Farm Road and he was accustomed to seeing driveways flipped to the opposite side of properties so that residents backing out of their driveway are not impeded by oncoming traffic. Vice Chairman Bennett opened the Public Hearing. Thomas Wynne, 927 Deep Valley Drive, Rolling Hills Estates, thanked Associate Planner Donavanik for her wonderful presentation and said it was a pleasure to work with staff to develop the best possible project. With respect to the Affordable Housing fee, he said he appreciated the City allowing him to take whatever fee was in effect at the time of occupancy (no higher than $15,000 per unit) and hoped that his development would be under the umbrella of the policy in effect at the time of the Certificate of Occupancy. Mr. Wynne affirmed to Vice Chairman Bennett that he was in agreement with amended Condition of Approval #122. Mr. Wynne responded to Commissioner Hovsepian that if the City had required him to include affordable housing units, the affordable unit would most likely be so far under the market value price that it would probably have prevented the project from being built. Mr. Wynne indicated to Vice Chairman Bennett that if the project were approved this evening, the civil engineer plans and architectural plans would be submitted for plan check and he would commence grading by June or July 2006. Unless the market changed, all the units would be constructed at one time and be ready for delivery in spring 2007. In response to Commissioner Braun, Mr. Wynne said that the color palate, floor plans and heights were varied from unit to unit so that each home appeared unique. Vice Chairman Bennett closed the Public Hearing. Commissioner Eliason commented that in today's market, this project would likely have an affordability gap of about $200,000 per unit. He said he supported Keyser Marston's study and — felt it would not hinder development. He was excited about how the City would be able to utilize the in-lieu fees in'the future. He was also pleased to see a lot of variation in floor plans and _ Planning Commission Minutes—January 3, 2006 4 • • a 4 architectural plans with good detail in the front elevation of the homes and he felt it would be a good project for the City. Commissioner Braun asked if an easement condition was appropriate for Lot 10. Associate Planner Donavanik referred Commissioner Braun to Condition of Approval #9. Assistant Community Development Director Ward stated that the easement would appear on the owner's title and any item requiring a building permit would not be allowed within the easement. Commissioner Braun asked the Condition of Approval #104 be modified to call for a final acoustical study to be reviewed and approved by the City Engineer and/or the Community Development Director. COMMISSION ACTION: The Planning Commission approved the Mitigated Negative Declaration and Mitigation Monitoring Program, and adopted a resolution approving Tentative Tract Map No. 16683 and Design Review No. 278 based on the Findings of Facts as listed in the Resolution and subject to the conditions of approval and the following amendments to the Resolution: Condition No. 104 — add "the acoustical study is to be submitted to the City for review and approval by the Community Development Director." Condition No. 122 — changed to include verbiage to wit: "the dollar amount may be less than $15,000 per dwelling unit based upon the dollar amount required by the City at the time of occupancy." MOTION: Eliason SECOND: Hovsepian 111 AYES: Braun, Eliason, Hovsepian, Bennett NOES: None ABSENT: Bristow ITEM #8 - STAFF PRESENTATIONS Assistant Community Development Director Ward reported iri response to a question from the Commission on December 20 that the homeowner on Painter Drive was sent an expiring permit notice that generated a request for an inspection. At the time of inspection the building inspector issued a correction notice that required submittal of revised plans to show all the work that had taken place on the site that was not part of the original approval. In addition, the Deputy Welder required submittal of all welding reports. On December 22, a stop work notice was issued and no work was to take place until the homeowner complies with the correction notice of December 20, 2005, and until the revised plans were approved by the Building and Planning Divisions. The property owner visited City Hall on December 22 and was advised about the corrections and was told that time was of the essence because his permit would expire. • Vice Chairman Bennett asked if staff knew what the homeowner. was building. Assistant Community Development Director Ward responded that the plans called for a series of two tiered retaining walls with inf ill capped with a concrete slab. The clans indicate a raised patio/deck structure on the concrete pad. ., Commissioner Braun wanted to know what the Commission should look for in' its approval process to avoid such approvals in the future. Assistant Community Development Director Planning Commission Minutes—January 3, 2006 5 Ward cautioned the Commission that building is allowed within the buildable area and in this zoning district a property owner would be allowed to have a structure up to 30 feet high. In its present form this structure would not have been subject to design review. City Planner Jeff Adams said that staff could look at modifying the design review criteria. However, the process for Chino Hills is fairly typical of most agencies. Commissioner Eliason recommended additional staff and Planning Commission review for highly visible projects. Assistant Community Development Director Ward said that staff discussed the feasibility of more in-depth review on through-lots. Community Development Director James DeStefano said that an adjacent city requires that additions or structures of this nature that are on a descending slope abutting a public street require a review of the Planning Commission. ITEM #9 - COMMISSION INFORMATION None ITEM #10 - COMMISSIONER COMMENTS None ITEM #11 - STAFF COMMENTS • Community Development Director DeStefano confirmed that the Commission would meet on January 17, 2006. The Planning Commission Meeting of January 3, 2006 was•adjourned at,8:00 P.M. to the next regularly scheduled meeting. Dawn Vierheilig Planning Commission Secreta APPROVED AT PLANNING COMMISSION MAR 7 2006 CITY OF CHINO HILLS Planning Commission Minutes—January 3, 2006 6