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02-21-2006 PLANNING COMMISSION Minutes CITY OF CHINO HILLS PLANNING COMMISSION MEETING/PUBLIC HEARING MINUTES FEBRUARY 21, 2006 CHINO HILLS COUNCIL CHAMBERS 2001 GRAND AVENUE CHINO HILLS, CALIFORNIA COMMISSIONERS PRESENT STAFF PRESENT Adam Eliason James DeStefano . Abe Hovsepian Bradley E. Wohlenberg Art Bennett Winston Ward Karen Bristow Jeff.Adams Betty Donavanik Adam Collier Steve Nix Luz Recca COMMISSIONERS ABSENT Mike Braun The Planning Commission Meeting of February 21, 2006, was called to order at 7:00 P.M. by Chairman Bristow. Commissioner Eliason then led the audience in the Pledge of Allegiance. ITEM #4 - PUBLIC COMMENTS None ITEM #5 - CONSENT CALENDAR a. Minutes: November 15, 2005; December 6, 2005 b. Residential Design Review #291: 15481 Quail Street. A request by Leopoldo Castaneda to add 771 square feet of living space to the rear of the home. Adopt resolution. In regard to Item 5b, Commissioner Hovsepian inquired whether garage and patio area were included in the living area square footage. City Planner Jeff Adams responded that Commissioner Hovsepian was referring to the figure for structure coverage; the livable area is 1,981 square feet. I Planning Commission Minutes— February 21, 2006 1 Commissioner Eliason inquired what other requirements there were for the applicant to upgrade the property. He had noticed the short asphalt driveway. Planning Intern Adam Collier confirmed that the applicant did have a short asphalt driveway. In response to Commissioner Eliason's question in regard to health, safety, and code violations, Assistant Community Development Director Winston Ward responded that violations are only addressed in the area proposed. He,added that City inspectors are proactive, and if they were to see a health and safety issue in the existing house, they would mention it to the homeowner, and the Code Enforcement officer, who would issue a notice of violation. Assistant Community Development Director Ward further stated that approvals for building and plan check only concern the area under permit. In response to a question from Commissioner Eliason, Planning Intern Collier confirmed that the front elevation was not to change; the change was strictly to the rear of the property. Planning Intern Collier further stated that the garage would also be new. c. Residential Design Review #300, and Minor Variance #J06006: 15488 Pomona Rincon Road. A request by Jim Burdett to construct a new single-family home. Adopt resolution. d. Residential Design Review #301, and Minor Variance #J06005: 15480 Pomona Rincon Road. A request by Jim Burdett to construct a new single-family home. Adopt resolution. COMMISSION ACTION: The Planning Commission approved Items 5a through 5d. MOTION: Hovsepian SECOND: Bennett AYES: Eliason, Hovsepian, Bennett, Bristow NOES: None ABSENT: Braun Chairman Bristow announced that Item 7a on Fieldstone Communities, Inc., was to be continued to March 7, 2006. ITEM #6 - ACTION ITEMS a. CASE NO: Tract Home Design Review#295 OWNER/APPLICANT: Meritage Homes, Inc. PROPOSAL: Meritage Homes is proposing to develop 98 single-family detached homes within Tentative Tract Map No. 16596. The project will utilize three (3) floor plans with three different building elevations: Spanish, French Country, and Tuscany. Each plan has three colors and materials' schemes, for a total of 9 colors and materials' schemes for the entire project. The sizes of the homes range from 3,337 square feet to 4,014 square feet.• • -- Planning Commission Minutes— February 21, 2006 2 l k LOCATION: The project site is located within Tentative Tract Map No. 16596 and within Planned Development (PD) 2003-01. The site is located north of Carbon Canyon Road and west of Western Hills Country Club. RECOMMENDATION: Staff recommends that the Planning Commission adopt a resolution approving Tract Home Design Review #295 based on the site plan, floor plans, elevations, color/material boards, and subject to the conditions of approval. City Planner Adams introduced Planning Intern Adam Collier, who presented the staff report, which is on file in the Community Development Department. Commissioner Eliason inquired about the timeline for landscaping as depicted in site photo exhibits. City Planner Adams responded that he believed it would be a 10 to 15 year growth • period. Commissioner Eliason inquired about the different plan elevations, and what percentage of the home had to be a single-story element. Planning Intern Collier responded that Plans 1 and 2 provide strong single-story elements, which is a total of 38 homes. City Planner Adams explained that the Code defines single-story as a certain height and depth of the house. Vice Chairman Bennett inquired where the Plan 1 units were to be located. City Planner Adams responded that placement of these homes was intended to minimize the side mass and scale of the house when it has two street sides. Commissioner Hovsepian inquired about the number of garages in Plans 1 and 2. Planning Intern Collier explained that Plan 1 has a side loading, two-car garage, and one car front loading. Planning Intern Collier stated that Plan 2 includes a two-car garage. Commissioner Hovsepian noted that the smaller homes in the development had more garage space than the larger homes. He questioned why this project did not conform to the City Council approved amendment to the Code in regard to additional garages. Planning Intern Collier explained that this Planned Development had been approved prior to the amendment. City Planner Adams reiterated that the Planned Development, which is the zoning for this site, had been approved prior to the amendment. Instead of low density residential, the site is PD 2003-01, which set the standards for the project. Dan Hosseinzadeh, applicant, 19600 Fairchild Road, Irvine, stated that he accepted all conditions in the staff report. Mr. Hosseinzadeh assured the Planning Commission that he had complied with the Development Code standards that were in effect during the entitlement phase of the project. Commissioner Eliason noted that the floor plans call for optional garages. He inquired how many would have the optional garage. Mr. Hosseinzadeh responded that there were a few lots that were pretty wide and would accommodate some larger garages. He thought the number was about 15 of the lots. Planning Commission Minutes— February 21, 2006 3 • Chairman Bristow inquired whether anyone from the public wished to address the Planning Commission on this matter. Marty Schaffer, 17425 Jessica Lane, Chino Hills, noted concern about garage sizes. Chairman Bristow informed Mr. Schaffer that what he suggested had been discussed and is in effect, however, does not apply to projects approved prior to the Code change. Vice Chairman Bennett inquired about the lot coverage ratio if the developer decided to build three or four car garages. City Planner Adams responded that staff would look at lot and structure coverage. Commissioner Eliason inquired whether this development allows for two car garages, to which City Planner Adams responded in the affirmative. City Planner Adams explained that there are options for converting tandem garage space to a different use, however; there is also space to allow a secondary garage off to the side. COMMISSION ACTION: The Planning Commission adopted a resolution approving Tract Home Design Review #295 based on the site plan, floor plans, elevations, color/material boards and subject to the approved conditions of approval. MOTION: Hovsepian SECOND: Eliason AYES: Eliason, Hovsepian, Bennett, Bristow NOES: None ABSENT: Braun • • • ITEM #7 - PUBLIC HEARING a. CASE NO: . General Plan Amendment 05GPA02 and Zone Change 05ZC01, Tentative Tract Map No. 17653 and Design Review No. 284. OWNER/APPLICANT: Fieldstone Communities, Inc. PROPOSAL: A subdivision of 3.18-acre portion of the larger 10.33-acre property into 27 single-family residential lots and four lettered lots for open space purposes (Edison easement including trail and landscape). Three lettered lots (Lots A, B, C & D, a portion of Pomona Rincon Rd.) are for private streets. The residential lot sizes range from 4,950 square feet to 12,275 square feet. A General Plan amendment to change a portion of the property from a commercial to RM-1 land use designation and a concurrent Zone Change to re-zone the same portion from commercial to Planned Development PD 97-01. LOCATION: The site is generally located on the northwest corner of Los Serranos Country Club Drive and Soquel Canyon Parkway. RECOMMENDATION: Staff recommends that the Planning Commission continue this item to March 7, 2006. Planning Commission Minutes—February 21, 2006 4 COMMISSION ACTION: The Planning Commission continued Item 7a to March 7, 2006. MOTION: Hovsepian SECOND: Eliason AYES: Eliason, Hovsepian, Bennett, Bristow NOES: None ABSENT: Braun ITEM #8 - STAFF PRESENTATIONS a. Verbal report from the Assistant City Attorney regarding development fee court case. Assistant City Attorney Bradley Wohlenberg gave an update on a case involving the BIA and their lawsuit against the City of Rancho Cucamonga in regard to building fees. Assistant City Attorney Wohlenberg explained that the city of Rancho Cucamonga had been assigning fees as a percentage of value of the improvements being made and inspected. Litigation from the BIA established a rule similar to what Chino Hills uses for development impact fees. We show that the cost of the fee reflects the cost of the work performed. The case is not yet final; Rancho Cucamonga may seek a rehearing. Assuming that the case stands, we will be reviewing our own fee structure. The majority of our fees of that type are established based on the size of the structure, and there's a greater connection there between the amount of work necessary and what the fee may be. Commissioner Eliason inquired whether there were a formula or variable factor that had to be determined for the fee. Assistant Community Development Director Ward stated that most of the cities that have been sued by the BIA and have lost have gone to a cost for services fee. They assign an hourly cost to building inspector services. Based on the square footage of the house, they figure it will be so much per square foot to inspect. They have time studies that attest to the number of hours required to perform each type of inspection. Similarly, several time studies have been performed in regard to the hourly cost of plan checks. ITEM #9 - COMMISSION INFORMATION a. City Council Unofficial Action Agenda of February 14, 2006 ITEM #10 - COMMISSIONER COMMENTS Commissioner Hovsepian stated that the BIA plans to do something about in-lieu fees. Assistant City Attorney Wohlenberg responded that the BIA does have an extensive lawsuit about affordable housing and in-lieu fees with Sacramento County pending, and added that they are liberal in their distribution of the complaint. Commissioner Eliason inquired whether BIA and SCANPH had been invited to the public hearing on March 1, 2006. Community Development Director James DeStefano responded • Planning Commission Minutes—February 21, 2006 5 that no organization had been formally invited other than the BIA and a few members who are working on projects in the City and.have a specific interest in the outcome. He stated that SCANPH would be invited as well. Chairman Bristow inquired how the City plans to use the in-lieu fee. Community Development Director DeStefano responded that staff is preparing a detailed staff report which outlines the reasons why staff is proposing an in-lieu fee. The in-lieu fee would not be due until occupancy of dwelling units, which is at least a year and a half in the future. Over the next several months, staff will come back to the City Council and the Planning Commission with a proposal for how the in-lieu fee moneys would be used to create affordable housing. Vice Chairman Bennett inquired how the preserve or adjacent cities have dealt with affordable housing. Community Development Director DeStefano responded that staff could research what neighboring cities have done and report back to the Planning Commission on March 1, 2006. Assistant City Attorney Wohlenberg interjected that the topic of affordable housing had not been agendized, and recommended that discussion be concluded. ITEM #11 - STAFF COMMENTS Community Development Director DeStefano announced that staff would hold a Public Scoping Session on the Commons Retail Project on the DeGroot property, which is on Chino Hills Parkway across from the Ford dealership. The Public Scoping Session for public agencies would begin at 4:00 p.m. and for the general public at 7:00 p.m. Staff would be seeking feedback on the environmental impact report. He added that this project would not come to the Planning Commission for several more months. Commissioner Eliason inquired whether staff had a site plan at this point. Community Development Director DeStefano responded in the affirmative. He added that the project is proposed to be about 530,000 square feet, and staff knows, in general, the types of land uses being proposed. Community Development Director DeStefano stated that on Thursday, he would be the primary speaker at the Neighborhood Network meeting, talking about a variety of different developments. He stated that the meeting begins at 7 p.m. at the McCoy Equestrian Center, and he expects up to 75 attendees. The Planning Commission Meeting of February 21, 2006 was adjourned at 8:00 P.M. to the next regularly scheduled meeting. Luz Recc- Secretary APPROVED AT PLANNING COMMISSION MAY ' 2 2006 Planning Commission Minutes—February 21, 2006 - 6 CITY OF CHINO HILLS