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11-07-2006 PLANNING COMMISSION Minutes CITY OF CHINO HILLS PLANNING COMMISSION MEETING/PUBLIC HEARING MINUTES November 7, 2006 . CHINO HILLS COUNCIL CHAMBERS 2001 GRAND AVENUE CHINO HILLS, CALIFORNIA COMMISSIONERS STAFF PRESENT PRESENT Dan Joseph Abe Hovsepian Bradley E. Wohlenberg Adam Eliason Zai Abu Bakar Karen Bristow Henry Noh Winston Ward Jerrod Walters Dita Darrah Myrna Medina COMMISSIONERS ABSENT Michael Braun Art Bennett The Planning Commission Meeting of November 7, 2006, was called to order at 7:00 PM by Chairman Bristow, who then led the audience in the Pledge of Allegiance. ITEM #4 - PUBLIC COMMENTS None. ITEM #5 - CONSENT CALENDAR a. Minutes: October 17, 2006 COMMISSION ACTION: The Planning Commission approved the minutes with the following correction: Page 4, last paragraph, November 2nd should be November 7th. MOTION: Hovsepian SECOND: Bristow AYES: Hovsepian, Bristow NOES: None ABSENT: Braun, Bennett ABSTAIN: Eliason Planning Commission Minutes—November 7, 2006 1 b. Residential Design Review #323: 15059 Sandalwood Lane. A request by M. Afzal Khan and Dilip & Parul Patel to add a 2,739-square foot addition to an existing 1,120-square foot single-family home. Staff recommendation: Adopt a resolution of approval. COMMISSION ACTION: The Planning Commission approved Item 5b: MOTION: Eliason SECOND: Hovsepian AYES: Eliason, Hovsepian, Bristow NOES: None ABSENT: Braun, Bennett c. Residential Design Review #326: 15732 Del Monte. A request by Maria Arias and Jorge Hernandez to construct a 2,857-square foot, one-story, single-family detached home. Staff recommendation. Adopt a resolution of approval. COMMISSION ACTION: The Planning Commission approved Item 5b. MOTION: Eliason SECOND: Hovsepian AYES: Eliason, Hovsepian, Bristow NOES: None ABSENT: Braun, Bennett i ITEM #6 -ACTION ITEMS a. Fiscal Year 2005-2006 General Plan Annual Report. Staffs recommendation: That the Planning Commission recommend to City Council the approval of Fiscal Year 2005-2006 General Plan Annual Report. Principal Planner Henry Noh presented the staff report, which is on file. He stated that his presentation was a sampling of major projects completed. Mr. Noh explained that the Government Code requires that an Annual Report on the General Plan be submitted to the local legislative body. The Planning Commission, as the City's Planning authority, is being requested to review and comment on the Annual Report. The report covers Fiscal Year 2005-2006. After the City Council reviews and approves the General Plan, City staff will send a copy of the Report to the Governor's Office of Planning and Research. The City's General Plan contains the seven required elements and one optional element. These elements include: Land Use, Housing, Circulation, Conservation, Safety, Parks and Open Space, Noise and Economic Development. In the current fiscal year, the Housing Element was the only element that the City updated. The updated Housing Element will incorporate the Affordable Housing Program, and staff anticipates the Housing Element will be ready for submission to the State Department of Housing and Community Development before the end of Fiscal Year 2006-07. Planning Commission Minutes—November 7, 2006 2 • Commissioner Eliason asked if the Affordable Housing Program would be forwarded to the Planning Commission before being sent to the State Department of Housing and Community Development. Assistant Community Development Director Abu Bakar stated that the Housing Element Update would most likely be forwarded to the State first. Commissioner Hovsepian asked if the income status for what is to be considered affordable housing in Chino Hills would be made available to the Commission. Assistant Community Development Director Abu Bakar responded affirmatively. Principal Planner Noh further stated that in Fiscal Year 2005-2006, the City approved the following three General Plan amendments that affected the Land Use Element: 1) The Shoppes at Chino Hills, which allowed the development of the Shoppes retail, permanent government center, the new community park, and the density transfers associated with The Shoppes and Park Residential projects. 2) The project comprised of Regency and Fieldstone, also known as the Soquel Canyon Crossings, which allowed the development and subdivision of commercial and residential parcels located on the northeast corner of Los Serranos County Club Dr. and Soquel Canyon Parkway. 3) Vila Borba, which allowed various land use changes and the subdivision of commercial and residential parcels, generally located south of Pine Avenue and along Butterfield Ranch Rd. As of January 1, 2006, the California Department of Finance estimated the city's population to be approximately 77,969. During the last fiscal year, the City issued 132 permits for residential construction, which included custom, single-family homes, as well as single-family tract units. Commissioner Hovsepian asked for clarification on the 132 permits, whether that meant 132 buildings or 132 actual developments. Principal Planner Noh stated that the 132 permits were for individual dwelling units, and added that permits issued during the past fiscal year did not include multi-family units. Commissioner Eliason asked whether a tract of single-family homes, would require one permit per unit. Principal Planner Noh responded affirmatively and continued with the presentation. He stated that there were two residential single-home developments, Vellano Country Club and Fieldstone Ridgegate. Some of the completed commercial projects included the inline tenant at Gateway Village, located behind Henry's Market Place, and Leslie's Pool Supplies, located at Gordon Ranch Market Place. Two other projects completed were 24 Hour Fitness and Turner's Outdoorsmen, both located at the Chino Hills Market Place. Two office projects completed were the Chino Hills Corporate Park and the Pine Corporate Center. For the Chino Hills Corporate Park, only the first phase was completed; there will be a second phase which will include two additional two story buildings. Mr. Noh stated that some of the recently completed projects, which will be included in the next fiscal year, are the Harkins Theater and the Hampton Inn and Planning Commission Minutes— November 7, 2006 3 Suites located at the Crossroads Entertainment Center. Also associated with the General Plan Annual Report is the Community Development Block Grant Program. The City received approximately $490,000 directly from the Housing Urban Development i (HUD), which were allocated for the following programs: Program Administration, Home Improvement Program, Library Literacy Program, Inland Fairhousing Mediation Board, House of Ruth, Project Sister, Community Senior Services, and Los Serranos Infrastructure Improvements. Some of the Capital Improvement Projects that were completed last fiscal year included the following: The design of the Government Center, design and construction of the new Community Park, the Eucalyptus Ave. extension, Peyton Drive widening, English Channel improvements, Los Serranos infrastructure improvements, Sleepy Hollow water main replacement design, and the traffic signal at Chino Ave. and Eagle Canyon Dr. Staff recommended that the Planning Commission review and comment on the Fiscal Year 2005-06 General Plan Annual Report implementation and direct staff to make any necessary changes to the Annual Report before submitting it to the City Council. . Commissioner Hovsepian questioned the status of in-lieu fees. Assistant Community Development Director Abu Bakar stated that the Affordable Housing Ad Hoc Committee is looking at different programs and funding options available. The Committee will meet this week and determine priorities. The Committee hopes to take their recommendations to Planning Commission and City Council some time in February ,- 2007. Commissioner Eliason asked how will this work line up with the Housing Element. Assistant Community Development Director Abu Bakar stated that the Housing Element update will be documented in the report, and that will let the State know that the City is making a good faith effort in trying to meet the State requirement and also provide affordable housing in the community. Commissioner Eliason asked when would the Housing Element update be due. Assistant Community Development Director Abu Bakar stated that there is a due date, however, to date, the City has forwarded three reports to the State, and staff is currently working with the State on some issues. The next round of Housing Element updates is not due at the State until July of 2008. SCAG is scheduled to release the new RHNA numbers before the end of the year. Commissioner Eliason asked if staff will be submitting to the State our existing plan to date since the City will not be through the process on the affordable housing program until probably after submittal to the State. Assistant Community Development Director Abu Bakar expressed her desire to have the State buy off before the Housing Element is presented to the Planning Commission and City Council. 7 H Planning Commission Minutes—November 7, 2006 4 • Commissioner Eliason indicated that the purpose of the General Plan Annual Report is basically to inform the State of recent changes in the General Plan and recently completed projects. Chairman Bristow opened the public hearing for comments. As there were no comments, the public hearing was closed. Chairman Bristow asked for a motion. COMMISSION ACTION: The Planning Commission approved Item 6 as presented. MOTION: Eliason SECOND: Hovsepian AYES: Eliason, Hovsepian, Bristow NOES: None ABSENT: Braun, Bennett ITEM #7 - PUBLIC HEARING a. CASE NO: Conditional Use Permit 06CUP03 (continued public hearing from October 3, 2006). APPLICANT: Cingular Wireless PROPOSAL: A request for approval of Conditional Use Permit 06CUP03 to install two (2) panel antennas on a new light standard, which will replace an existing Southern California Edison streetlight at the intersection of Glen Ridge Drive and Hawthorn Avenue. As part of the project, an underground vault will be constructed on Hawthorn Avenue to house four (4) equipment cabinets. LOCATION: Within the public right-of-way at the intersection of Glen Ridge Avenue and Hawthorn Avenue. RECOMMENDATION: Staff recommends that the Planning Commission schedule this item off calendar. Chairman Bristow asked if her message to Cingular Wireless regarding another site being available was relayed. Principal Planner Noh replied in the affirmative. Planning Commission Minutes—November 7, 2006 5 COMMISSION ACTION: The Planning Commission moved to schedule this item off calendar. MOTION: Eliason , SECOND: Hovsepian AYES: Eliason, Hovsepian, Bristow i NOES: None ABSENT: Braun, Bennett b. CASE NO: Tentative Parcel Map No. 17856 APPLICANT/ Dr. Thomas Albers, Ph.D. OWNER: 16101 Highland Pass Road, Chino Hills, CA 91709 I PROPOSAL: A request for approval of a Tentative Parcel Map to create two parcels on property located in the Oak Tree Downs Planned Development. LOCATION: Property located adjacent to Westridge Knoll and Westridge Way, Assessors Parcel Numbers 1000-191-02 and 1000-191-15, in Tract 9781, within Oak Tree Downs Planned Development (PD 5-157). RECOMMENDATION: Staff recommends that the Planning Commission adopt a 7 resolution approving Tentative Parcel Map No. 17856, J' based on the findings of fact as listed in the Resolution and subject to the Conditions of Approval. Associate Planner Dita Darrah presented the staff report, which is on file. Dr. Thomas Albers proposes to create a legal parcel by adjusting the lot line between a legal parcel and an illegal parcel in the Oak Tree Downs community. In 1983, property owners of Lot No. 33 and Lot No. 32, of Tract Map 9781, initiated a lot line adjustment; a portion of Lot 33 was going to be added to Lot No. 32. The property owner of Lot 33 filed all of the conformance deeds and created a legal parcel. The owner of Lot 32 did not file conformance deeds, and therefore the parcel was never legally recorded; it was only created as an assessor's parcel number. When that information was discovered by the Engineering Department, staff informed Dr. Albers that he needed to apply for a tentative parcel map in order to create a legal parcel from the assessor's parcel. The General Plan Land Use Designation for the Oak Tree Downs area is Low Density Residential and that allows for two to six dwelling units per acre. The Plan Development for the area is Low Density Residential with a minimum lot size of 20,000 sq. ft. The proposed parcels, one will be 32,313 sq. ft. and the other will be 38,518 sq. ft. Both parcels meet the minimum requirement for the Oak Tree Downs parcel size, as well as the General Plan Land Use Designation. Staff also considered Measure U, or the Save Our Canyon Initiative, when evaluating this parcel map, Section 1 of Chino Hills Ordinance 123 states, in part, that the maximum density of any land designated for Planning Commission Minutes—November 7, 2006 6 •I',. residential use shall not exceed the density established by the Chino Hills Specific Plan, the Chino Hills General Plan, Zoning Map or any finalized development agreements in effect prior to the initiative. The Oak Tree Downs final development agreement was finalled prior to 1999 with a maximum of 137 residential lots. In June of 2000, property owners Richard and Lori King, who owned two lots at that time in Oak Tree Downs, merged two lots. They filed all of the conformance deeds and is now one legal parcel. As a result of their merger, there were 136 lots in Oak Tree Downs. The proposed tentative parcel map to create two parcels does not conflict with Measure U because it will bring the number of lots within Oak Tree Downs back to 137. In terms of public comments, staff received a phone call from Euclid Management, which is the company that oversees the HOA for the Oak Tree Downs. They indicated that their CC&Rs do not allow for a subdivision of property within Oak Tree Downs. Staff indicated to Euclid Management that that is a civil matter, and that the City does not regulate private contractual matters. Euclid Management also called for a copy of the staff report; staff tried to fax it to them. The fax failed to get through and staff called after that to verify their fax number and they had already closed their offices. Ms. Darrah was able to meet with representatives for Euclid Management right before the Planning Commission meeting began and did give them a copy of the staff report. Associate Planner Darrah explained that this project is exempt from CEQA review because it is a minor revision of land of less than 4 parcels. Staff is consistent with the zoning map as well as the General Plan map. Staff recommends, based on conformance with the General Plan and zoning, that the Commission approve Tentative Parcel Map 17856. Commissioner Hovsepian asked if the entry is going to be on Westridge Knoll, and if there is a possibility that the applicant can build any more units there. Associate Planner Darrah indicated that they could build a second unit or a granny unit, which is legal, but creating another parcel would exceed the 137 parcels that were allowed under the original development agreement. Chairman Bristow asked the Assistant City Attorney on the issue of the rights of the homeowners association and what the City is compelled to do. Assistant City Attorney indicated that when the Planning Commission reviews an application like this tentative tract map, the Commission is reviewing it to ensure that it complies with the State law and City's codes. Other issues like a homeowners association CC&Rs, those are private contractual matters amongst the property owners. The City does not have a role in that the City is not a part of the CC&Rs; therefore, the City does not have any voting rights within the HOA. The City looks at those things as purely private matters. Somebody could get permission from the City to move forward as far as our rules are concerned, but they may have a private barrier stopping them that may create litigation if they were to take the permit we give them and subdivide or build as they are intending. One analogy is, when we approve a restaurant, we believe that it complies with all of the applicable codes. We do not take another extra step to make sure that they are following their franchise agreement, or that they are not violating any Planning Commission Minutes—November 7, 2006 7 trademarks. There is a number of private issues that are always involved in land use and we are only focusing on the code compliance issues. I f ) Chairman Bristow opened the public hearing and asked the applicant to introduce himself. Dr. Tom Albers stated that he had bought two parcels, built on one parcel and left the other one empty. In the process of trying to move a line between both parcels, discovered that one parcel is illegal. Dr. Albers indicated that he is trying to make both parcels legal. He indicated that he did bring it up with the homeowners board and they were going to get back to him with an answer. The board told him that it was clear it was two parcels. The rules say that he cannot split a parcel into two parcels but he showed them access for two parcels and thought that they had that settled. Nancy Sidoruk, Epsten, Grimmell & Howell spoke on behalf of the Oak Tree Downs Home Owners Association (HOA). The HOA opposes the requested subdivision of lots within the association since it violates the CC&Rs, Article 5, Section 3, which prohibits subdividing of lots within the Oak Tree Downs area. The HOA, through its board of directors, enforce the provisions of the CC&Rs. Ms. Sidoruk indicated that the subdivision does not actually correct an error. Mr. Albers already owns one legal parcel comprised of what was formally Lot 32 and a portion of Lot 33. The Albers parcel is also served by an easement upon Lot 40, a long driveway. The CC&Rs provide that each lot shall include only one residence. Mr. Albers already owns one legal parcel with one residence. Ms. Sidoruk indicated two certificates of compliance were filed in 1983 and they created two legal parcels from the adjustment of a common boundary of two original lots. These certificates of compliance did not actually resubdivide the property, instead, two legal parcels entered that process in 1983 and two legal parcels subsequently came out of that same process. So there was no resubdivision at that time. The proposed subdivision takes one legal parcel and out of it creates two parcels, which increase the number of parcels, and is in violation of the CC&Rs. Ms. Sidoruk indicated that assessor mapping of the property for billing purposes is irrelevant. She asked that the Commission consider the impact their decision might have on this entire neighborhood: change in population density, more traffic, and possible congestion. It could be a domino effect of others applying for similar resubdivisions. If this resubdivision is granted, the board has no choice but to bring a law suit or to file a writ. The board must sue the homeowner to enforce its own governing documents. Alternatively, amending the documents is also an expensive proposition, and one which the association and its homeowners should not have to bear. Ms. Sidoruk hopes the Planning Commission will assist so that the HOA is not forced to spend time and money on this issue. She asked the Commission to make a decision in the best interest of the majority of the community. Commissioner Eliason indicated that the HOA's pre-written response ignored what staff addressed regarding zoning and density allowed in that area and asked Ms. Sidoruk to respond to staffs report and presentation. Ms. Sidoruk indicated that she received the staff report just upon entering the chambers and would like the opportunity to review it 1 Planning Commission Minutes—November 7, 2006 8 'r. more carefully. Ms. Sidoruk agreed as to the zoning for the property, which is low density. The proposal is not necessarily going to create a tiny lot, but it takes one legal parcel which Mr. Albers already owns and creates two parcels which is in violation of the HOA's governing documents. Commissioner Eliason indicated that there was no possible way a domino effect could ever happen. Ms. Sidoruk indicated that she would be happy to address that with staff after reviewing the report and she insisted on the possibility that it could result in various requests from homeowners to subdivide. She further stated that if homeowners resubdivide, they are going to make applications and then try to amend the governing documents. She then added that if Mr. Albers wanted to do that, he would be welcome to make an attempt. Commissioner Eliason explained that one of the City requirements is to meet the minimum square footage of 20,000 sq. ft. in order to subdivide, he also added that Measure U prohibits any subdivision that increases the number of units in Oak Tree Downs to more than 137. Ms. Sidoruk said that the major issue relates to the 1983 Certificates of Compliance, at which time, in the opinion of the association, one legal lot was created and that is owned by Mr. Albers. Anything that would create two lots whether 40,000 sq. ft. or 200,000 sq. ft. is a resubdivision of that one legal parcel, which is the objection of the HOA. Commissioner Eliason stated that the applicant has met the City's requirements, and indicated that violation of the CC&Rs is a private issue between the HOA and the applicant. Commissioner Hovsepian asked Ms. Sidoruk how adding one home would create traffic problems. Ms. Sidoruk suggested that as a possibility if further resubdivisions were to occur in the neighborhood. Chairman Bristow indicated that, by law, now the State has made it that everywhere in this state one is allowed to build another home on his/her property if it meets development codes. With large lots in the Oak Tree Downs, residents could come in and ask for second units. Even though we are viewing this particular subdivision as not adding any more homes under Measure U, the City can not prohibit residents from adding a second home on their property because the State has now allowed it. The subdivision could face more,than one home down there but not from what is being discussed this evening. Commissioner Eliason indicated that in Chino Hills adding a second unit amounts to no more than a 1,200 sq. ft. Every homeowner in Chino Hills has a right to build another granny flat on their property as long as they meet the City's requirements. Ms. Sidoruk indicated that on behalf of the Association, she is opposed to the proposed parcel map readjustment and would like to continue the dialog with staff. Planning Commission Minutes—November 7, 2006 9 Assistant City Attorney Wohlenberg stated that the counsel for the HOA needs to put this information on the record to preserve their ability to move forward with litigation if i they so choose. Bryan Hopkins, 15874 Berkley Ct., Chino Hills. Resident of Oak Tree Downs and Treasurer of the Board of Directors for the Oak Tree Downs HOA. Mr. Hopkins stated that the board is opposed to the subdivision of the Albers lot for reasons that could potentially change the nature of the neighborhood, the density of the housing, cause traffic congestion, impact schools, other parks and other city's facilities. Chairman Bristow indicated that the City and Commission have always tried to deal with the homeowners associations and tried to understand their concerns, and that this is not the first issue recently that the Commission has run into where it had to make the decision that the City allowed something that the HOA did not allow. The Planning Commission's responsibility is to allow what is allowed within City and State parameters. In her opinion, what Mr. Albers intends to do does not change the density. Someone already combined two lots and the homeowners association there says they can only have the 137. The addition of the new lot will bring the total number of lots to 137. If the next application came in and asked for a resubdivision, which increased the total number beyond the 137, the City would say, no. Commissioner Eliason moved to approve Tentative Tract Map 17856, based on the 1 findings of fact as listed in the resolution and subject to conditions of approval. II COMMISSION ACTION: The Planning Commission approved Item 7b as presented. MOTION: Eliason SECOND: Hovsepian AYES: Eliason, Hovsepian, Bristow NOES: None ABSENT: Braun, Bennett ITEM #8 - STAFF PRESENTATIONS None. ITEM #9 - COMMISSION INFORMATION a. City Council Unofficial Action Agenda of October 24, 2006. Planning Commission Minutes—November 7, 2006 10 ITEM #10 - COMMISSIONER COMMENTS I None. ITEM #11 - STAFF COMMENTS None. The Planning Commission Meeting of November 7, 2006, was adjourned at 7:47 PM to the next regularly scheduled meeting. Myrn.i edina, Administrative Secretary I I Planning Commission Minutes—November 7, 2006 11