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09-05-2006 PLANNING COMMISSION Minutes 1 i CITY OF CHINO HILLS PLANNING COMMISSION MEETING MINUTES SEPTEMBER 5, 2006 CHINO HILLS COUNCIL CHAMBERS 2001 GRAND AVENUE CHINO HILLS, CALIFORNIA COMMISSIONERS PRESENT STAFF PRESENT Daniel Joseph Art Bennett Bradley E. Wohlenberg Mike Braun Winston Ward Karen Bristow Zai Abu Bakar Adam Eliason Henry Noh Betty Donavanik Jerrod Walters Carmen Fructuoso COMMISSIONERS ABSENT Abraham Hovsepian The Planning Commission Meeting of August 15, 2006 was called to order at 7:00 p.m. by Chairman Bristow, who then led the audience in the Pledge of Allegiance. ITEM #4 - PUBLIC COMMENTS None ITEM #5 - CONSENT CALENDAR a. Minutes: August 15, 2006. , b. Residential Design Review #319: 4433 Lugo Ave (APN 1028-073-19). A request by Fernando Meza/Juan Carlos Nungaray to construct a 1,052 square foot two-story second dwelling unit. ' COMMISSION ACTION: The Planning Commission approved Items 5a and b with Commissioner Eliason abstaining from approval of Item a. MOTION: Bennett SECOND: Braun AYES: Bennett, Braun, Eliason, Bristow NOES: None ABSENT: Hovsepian Planning Commission Minutes—September 5, 2006 1 ITEM #6 - PLANNING COMMISSION ACTION ITEMS None ITEM #7 - PUBLIC HEARING a. CASE NO: Environmental Impact Report (SCH #20060210140); General Plan Amendment 06GPA01; Zone Change 06ZC01; Specific Plan 06- 01, Development Agreement 06-02; Tentative Parcel Map No. 18236, Site Plan Review 06SPR02 and Sign Program (Continued from August 15, 2006). APPLICANT: Opus West Corporation PROPOSAL: The Applicant is proposing to develop an office/retail/hotel project. The proposed development includes a home improvement tenant, various retail, restaurant, office, financial and hotel totaling approximately 493,084 square feet of building area. The project site is approximately 49.1 acres. LOCATION: Southeast corner of Chino Hills Parkway and Ramona Avenue (APNs 1025-461-01 through 03, 1025-471-01,02 & 04; 1025-481- 01& 02). RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached Resolution recommending approval of the Environmental Impact Report (SCH #20060210140), Zone Change 06ZC01, Specific Plan 06-01, Tentative Parcel Map No. 18236, Site Plan Review 06SPR02 and associated Sign Program to the City Council based on findings of fact as listed in the attached Resolution and subject to the Conditions of Approval. Principal Planner Noh and Senior Contract Planner Lombardo presented staffs report, which is on file with the City's Community Development Department. Chairman Bristow opened the Public Hearing. Jeff Hill, with Opus West responded to Commissioners' concerns regarding noise and deliveries 24/7 in the area adjacent to Rancho Monte Vista Mobile Home Park and capping of the existing water well that is on site. Mr. Hill concurred with staff that there would be no deliveries between midnight and 6:00 a.m. The reason the EIR considered deliveries 24 hours per day was because the project originally considered Home Depot. However, Chino has a much more aggressive program for retail business and was able to give Home Depot a terrific land opportunity at a much lower price. The Chino Home Depot is able to take deliveries 24/7. Lowe's agreed to no deliveries and no trash pickup between midnight and 6:00 a.m. Commissioner Bennett was concerned about having two (2) Lowe's in the City of Chino Hills r--- and requested that the developer clarify the rationale for having two Lowe's in the same city. Commissioner Bennett would prefer to see a Home Depot as one of the tenants within the L___i Planning Commission Minutes—September 5, 2006 2 project. Commissioner Bennett was concerned that the new Lowe's would reduce the sales that are generated by the current Lowe's. Mr. Hill explained how the income between the two Lowe's stores is expected to increase substantially with freeway visibility resulting in significant tax revenue increase to the City of Chino Hills. Lowe's wants to remain in Chino Hills and wants to expand. The wells will be closed by permit from the County. He reiterated that in accordance with the City's requirements there will be no light spillage from the site into the mobile home park. Mr. Hill explained that this was one of the nicer power centers and would be heavily landscaped and articulated in a manner befitting the area. However, Opus would rather spend the dollars on the front people areas. The applicant intends to install one primary 100 foot and three 60-foot signs that will be at least 20 feet above the building height. Jeff Hill asked that the applicant be allowed the following changes: The applicant wants to include higher education extension facilities at the center and the City's attorney disagreed because the use would have allowed for church facilities. The applicant could exclude certain uses in their CC&Rs and grant deed whereas the City could not. Secondly, Opus would like to be able to display other Opus off-site projects on the reader board. Assistant City Attorney Brad Wohlenberg explained that under Federal law cities cannot discriminate between types of assembly uses. Therefore, if an educational use were allowed the city would have to allow any and all types of assembly use. With respect to the applicant's request to include names of off-site businesses on the reader board, off-site advertising is prohibited under the City's code. Therefore, it is essential that the sign be limited to companies and businesses operating on the site. Chairman Bristow closed the Public Hearing. COMMISSION ACTION: The Planning Commission approved Item 7a as recommended by staff and as amended by addition of the following conditions and recommendations: "There shall be no deliveries, trash pickup or cleaning of parking lot between midnight and 6:00 a.m. in the area adjacent to the mobile home park;" that the errata sheet be incorporated into the recommendation; that the issue of the signs be qualified to include one (1) only 100 foot sign and up to three (3) 70 foot signs with the third sign being approved only upon construction of a hotel; that the reader board issue be referred to the City Council for consideration of appropriate language that can be incorporated to allow the applicant's desire to advertise off-site businesses; and, that a higher educational use • on this site be compliant with any restrictions with final approval by the Community Development Director. MOTION: Bennett SECOND: Braun AYES: Braun, Eliason, Bennett, Bristow NOES: None ABSENT: Hovsepian (Note: Chairman Bristow called for a five-minute break at this point—the time was not indicated) I Planning Commission Minutes—September 5, 2006 3 r b. CASE NO: Conditional Use Permit 06CUP04 OWNER/ APPLICANT: OTO Development, LLC `� PROPOSAL: A request for a Conditional Use Permit to allow the sales of beer and wine, for offsite consumption within the gift shop of an existing Hampton Inn & Suites Hotel. LOCATION: 3150 Chino Avenue (within the Crossroads Entertainment Center) RECOMMENDATION: Staff recommends that the Planning Commission adopt a resolution approving Conditional Use Permit 06CUP04 based on the findings of facts as listed in the resolution and subject to the Conditions of Approval. Senior Planner Donavanik presented staffs report, which is on file with the City's Community Development Department. Chairman Bristow opened the Public Hearing. There was no one present who wished to speak on this item. Chairman Bristow closed the Public Hearing. COMMISSION ACTION: The Planning Commission approved Item 7b as recommended by staff. L-_ MOTION: Eliason SECOND: Bennett AYES: Eliason, Bennett, Braun Bristow NOES: None ABSENT: Hovsepian c. CASE NO: Site Development Permit 06SDP07 and Conditional Use Permit 06CU P02 APPLICANT: Circle K Stores, Inc. PROPOSAL: Construction and operation of a 2,993 square foot Circle K convenience store and gas station with four multi-dispenser units. Also proposed is a Conditional Use Permit to allow the sale of beer and wine for offsite consumption. LOCATION: 3260 Chino Avenue (within the Crossroads Entertainment Center) RECOMMENDATION: Staff recommends that the Planning Commission adopt a resolution approving Site Development Permit 06SDP07 and Conditional Use Permit 06CUP02 based on the findings of facts '^ as listed in the attached Resolution and subject to the Conditions of Approval. Planning Commission Minutes—September 5, 2006 4 Senior Planner Donavanik presented staffs report, which is on file with the City's Community Development Department. Chairman Bristow opened the Public Hearing. A representative of HL Design Group, 2401 E. Katella, Anaheim, said he concurred with the conditions of approval. Chairman Bristow closed the Public Hearing and the Commission discussed the hours of sale of beer and wine at the gas station to make sure that it is consistent with the existing condition for other gas stations in the City. Chairman Bristow reopened the Public Hearing. The applicant concurred with the proposed amended hours of operation of Sunday through Thursday 9:00 a.m. to 11:00 p.m. and Friday and Saturday 9:00 a.m. to 12:00 midnight. COMMISSION ACTION: The Planning Commission approved Site Development Permit 06SDP07 and Conditional Use Permit 06CUP02 based on the findings of fact as listed in the attached Resolution and subject to the Conditions of Approval with Condition 7 amended to restrict the hours of sales of beer and wine for offsite consumption to Sunday through Thursday 9:00 a.m. to 11:00 p.m. and Friday to Saturday 9:00 a.m. to 12:00 midnight. MOTION: Bennett SECOND: Braun AYES: Braun, Eliason, Bennett, Bristow NOES: None ABSENT: Hovsepian d. CASE NO: Site Plan Review 06SRPO3 APPLICANT: Fairfield Ranch, LLC PROPOSAL: Construction and operation of an 8,792 square foot, multi-tenant commercial retail building with a drive-thru on a .99-acre parcel within the existing Fairfield Ranch Business Park site. LOCATION: 15463 Fairfield Ranch Road (Planning Area 8) RECOMMENDATION: Staff recommends that the Planning Commission adopt a resolution approving Site Plan Review 06SPRO3 based on the findings of fact as listed in the resolution and subject to the Conditions of Approval. Senior Planner Donavanik presented staffs report, which is on file with the City's Community Development Department. Vice Chairman Bennett was concerned about the parking as it related to building entry. Chairman Bristow opened the Public Hearing. Planning Commission Minutes—September 5, 2006 5 The applicant pointed out the location of additional parking and said there would be no parking directly in front of the Starbucks restaurant. He explained the queuing and responded to Commissioners' questions. The applicant stated that he did not receive a copy of Parcel Map 15505 and was concerned about compliance under Item 46. Assistant Community Development Director Abu Bakar stated that the applicant must comply with the conditions of Parcel Map 15505 as they apply to the project site. The applicant asked that Items 83, 93 and 94 be amended to indicate the use Of recycled water "if available." Additionally, he requested that the reference to installation of a street light on Central Avenue be changed to read "prior to occupancy." COMMISSION ACTION: The Planning Commission approved Site Plan Review 06SRPO3 based on the findings of fact as listed in the resolution and subject to the Conditions of approval as recommended by staff with the amendment that all approved conditions of Parcel Map 15505 that concern this site shall apply; and, that Items 83, 93 and 94 include "when available" with respect to recycled water; and, that the condition referencing installation of a street light on Central Avenue be "prior to occupancy." MOTION: Eliason SECOND: Braun AYES: Braun, Eliason, Bennett, Bristow - NOES: None ABSENT: Hovsepian ITEM #8 - STAFF PRESENTATIONS None i ITEM #9 - COMMISSION INFORMATION a. City Council Unofficial Action Agenda of August 22, 2006 ITEM #10 - COMMISSIONER COMMENTS None ITEM #11 - STAFF COMMENTS I None I ADJOURNMENT: The Planning Commission Meeting of September 5, 2006 was adjourned at 9:55 p.m. to the next regularly scheduled meeting. Luz Rem r-Dr— Community Development Secretary Planning Commission Minutes—September 5, 2006 6