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12-05-2006 PLANNING COMMISSION Minutes CITY OF CHINO HILLS PLANNING COMMISSION MEETING/PUBLIC HEARING MINUTES December 5, 2006 CHINO HILLS COUNCIL CHAMBERS 2001 GRAND AVENUE CHINO HILLS, CALIFORNIA COMMISSIONERS STAFF PRESENT PRESENT Dan Joseph Abe Hovsepian Bradley E. Wohlenberg Michael Braun Zai Abu Bakar Adam Eliason Henry Noh Art Bennett Winston Ward Karen Bristow Ryan Gackstetter Dita Darrah Myrna Medina COMMISSIONERS ABSENT The Planning Commission Meeting of December 5, 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: November 7, and November 21, 2006 COMMISSION ACTION: The Planning Commission approved the minutes of November 7, 2006. MOTION: Hovsepian SECOND: Eliason AYES: Hovsepian, Eliason, Bristow NOES: None ABSENT: None ABSTAIN: Braun, Bennett I Planning Commission Minutes—December 5, 2006 1 COMMISSION ACTION: The Planning Commission approved the minutes of November 21, 2006. MOTION: Hovsepian SECOND: Eliason AYES: Hovsepian, Eliason, Braun, Bristow NOES: None ABSENT: None ABSTAIN: Bennett b. Residential Design Review #327 and Minor Variance B35229: 15455 Country Club Drive. A request by Efren Delgado to construct a 763-square-foot addition to the existing single-family residence and a carport in lieu of constructing an additional garage. Staffs recommendation: Adopt a resolution of approval. Commissioner Eliason requested that staff ensure that construction drawings show the roof overhang and facia for the carport so that the carport design is consistent with the house. Assistant Community Development Director Abu Bakar responded in the affirmative. Commissioner Bennett asked that the labeling of Exhibit B, page 2, be corrected. Administrative Technician Ryan Gackstetter indicated that the correction would be done and reflected on the final documentation. COMMISSION ACTION: The Planning Commission approved Item 5b. MOTION: Eliason SECOND: Bennett AYES: Hovsepian, Eliason, Braun, Bennett, Bristow NOES: None ABSENT: None c. Residential Design Review #329: 1883 Ginseng Lane (Parcel 1 of Parcel Map No. 15706). A request by Billy Lee to construct a 5,200-square-foot, two-story, single-family detached home and a three-car garage. Staffs recommendation: Adopt a resolution of approval. d. Residential Design Review #330: 1883 Ginseng Lane (Parcel 2 of Parcel Map No. 15706). A request by Billy Lee to construct a 4,555-square-foot, two-story, single-family detached home and a three-car garage. Staffs recommendation: Adopt a resolution of approval. Chairman Bristow opened this session for public comments. Dan Fox, 1899 Ginseng Lane. Mr. Fox's residence is located adjacent to the project site on a lot that is substantially lower than the project site. Mr. Fox indicated that he was pleased to see that the developer proposed to use the existing driveway to serve '—' both houses, which would eliminate the construction of a separate driveway to serve one of the houses. Planning Commission Minutes—December 5, 2006 2 , Mr. Fox stated his concern regarding off-site grading of the slope and the lack of flat land for proper percolation and installation of a leach field to serve two homes. Commissioner Bennett clarified the fact that it was strictly the design that was being reviewed by the Commission; he explained that once the design was approved, the project would still have to go through the appropriate permitting process. Assistant Community Development Director Ward explained that as part of that process, the applicant would be required to submit a Soils and Geology Report, which would address private sewage disposal system issues. Additionally, Mr. Ward explained that most of the systems being used these days in that area have a vertical sippage pit, instead of a leach field, where the effluent is handled in a vertical manner, so the topography then comes less into play. However, the percolation test is handled by the San Bernardino County Environmental Health services, and they review it for two reasons: to make sure that the soil is capable of percolating the effluent; and to make sure the lot will not encounter ground water at too shallow of a depth. The property will have to pass this test in order to have permits issued. The Commission discussed the process to be followed if there was a need to revise the design to accommodate for the sewage disposal system. Mr. Ward stated that if such situation arose, it would be at the discretion of the Community Development Director whether the project would have to be brought back to the Planning Commission. Commissioner Bristow brought up Mr. Fox's additional concern which was regarding debris rolling down the property in question and onto Mr. Fox's property when grading for the retaining wall was to occur, and whether there would be something to catch such debris. Ms. Bristow asked Assistant Community Development Director Ward to provide information on this issue. Mr. Ward explained that the developer would be required to provide some type of protection from debris for the property down below. Commissioner Bennett indicated that if there are any trees that will require preservation, there is a tree preservation report to be adhered to. And that any trees that require preservation must be protected during grading, as recommended in the Arborist's report issued when the Tentative Tract Map was approved. COMMISSION ACTION: The Planning Commission approved Items 5c and 5d. MOTION: Bennett SECOND: Hovsepian AYES: Hovsepian, Eliason, Braun, Bennett, Bristow NOES: None ABSENT: None ITEM #6 - ACTION ITEMS None Planning Commission Minutes—December 5, 2006 3 ITEM #7 - PUBLIC HEARING iI a. CASE NO. Major Variance 06MJV007 APPLICANT/ OWNER: Dan and Marlene Plunkett PROPOSAL: The applicants request approval of Major Variance 06MJV007 to allow for the reduction in the required rear yard setback for a pool from five feet to four feet as well as retaining walls totaling eight and one-half feet in height in the rear yard setback and ten feet in height in the side yard setback. LOCATION: The site is located at 16420 Starstone Road. Assessor's Parcel Number 1017-492-08 (Tract No. 14144, Lot 8). RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached resolution approving Major Variance 06MJV007 based on the findings of facts as listed in the Resolution and subject to the Conditions of Approval. Associate Planner Dita Darrah presented the staff report which is on file. Commissioner Eliason expressed concern regarding the Building Official's decision to authorize continuation of work where a problem existed. Commissioner Bennett explained that, based on information stated in the staff report, it appears that the Building Official recognized an immediate threat to the slope and public road stability, which caused his decision to authorize continuation of work in an effort to re-establish safety and avoid the possibility of having a public road end up in the applicant's backyard. Assistant Community Development Director Ward indicated that this situation had occurred during a time of heavy rain, and re-affirmed what Mr. Bennett had explained regarding Mr. Ward's decision to authorize continuation of work. Assistant Community Development Director Ward stated that the issue of having a retaining wall that did not comply with City standards had turned into a much more serious issue having to do with protecting public health and safety. At that point the priority became protecting public safety by ensuring stabilization of a public road. The Commission discussed issues relative to the stability of the slope, and the public road which is located above the applicant's property. Planning Commission Minutes—December 5, 2006 4 Assistant Community Development Director Ward explained that staff had advised the developer to have his engineer make the appropriate recommendations to stabilize the slope. The City subsequently required the geotechnical engineer to re-visit the site and make additional recommendations in respect to the second retaining wall. The City concurred with those recommendations, and believes that once the walls are built, the level of safety will be acceptable. Commissioner Eliason requested Assistant Community Development Director Ward to elaborate on the geotechnical reports for the project. Mr. Ward explained that a number of geotechnical reports were required for the project and that additional geotechnical investigations by the geotechnical engineer of record were made. Assistant Community Development Director Ward also explained that excavations of the pool and the original retaining wall were done in incorrect locations, which precipitated unexpected problems. The geotechnical engineer made several recommendations on two different occasions regarding methods to correctly stabilize the condition of the project. The City plan checked the subsequent plans submitted to make sure that the additional walls that were required met the intent of the geotechnical report. Mr. Ward indicated that the walls were necessary to stabilize the slope, but that caused the need for approval of a Major Variance due to the over-height issue. After much discussion, the Commission believed that the decisions made at the time to handle an imminent situation had been the most prudent ones given the circumstances. COMMISSION ACTION: The Planning Commission approved Item 7a. MOTION: Braun SECOND: Bennett AYES: Hovsepian, Eliason, Braun, Bennett, Bristow NOES: None ABSENT: None b. CASE NO. Conditional Use Permit 06CUP05 APPLICANT/ OWNER: Chino Hills Land West, LLC PROPOSAL: Chino Hills Land West, LLC, is requesting approval of Conditional Use Permit 06CUP05 for the construction and operation of a temporary clubhouse, golf cart storage facility, and temporary parking, for a maximum of two years to serve the Vellano golf course while the permanent clubhouse is under construction. A separate modular building will be used as a temporary restroom facility. It will be located to the west of the temporary clubhouse. Planning Commission Minutes—December 5, 2006 5 LOCATION: The site is located at the southwest corner of Vellano Country Club Drive and Pallermo Drive, on the south side of ifl the proposed permanent clubhouse, swim and fitness b center, and practice range and north of the golf maintenance building. RECOMMENDATION: Staff recommends that the Planning Commission adopt a resolution approving Conditional Use Permit 06CUP05 based on the findings of facts as listed in the resolution and subject to the Conditions of Approval. Assistant Community Development Director Abu Bakar requested that this item be continued to December 19, 2006. The City Attorney is still negotiating some of the language on Agreement No. 2. The applicant concurs with this continuation. Commissioner Hovsepian requested that the developer restore the operation of the temporary clubhouse back to the original condition, that all other temporary buildings be removed, and grading is restored. Assistant Community Development Director Abu Bakar indicated that the Condition of Approval would be revised to reflect such indications made by the Planning Commission. COMMISSION ACTION: The Planning Commission continued Item 7b to P December 19, 2006. MOTION: Bennett SECOND: Braun AYES: Hovsepian, Eliason, Braun, Bennett, Bristow NOES: None ABSENT: None c. CASE NO. Amendment to Specific Plan 04-01 APPLICANT/ OWNER: City of Chino Hills PROPOSAL: The City is requesting an amendment to the approved Specific Plan (SP 04-01) to not allow apartments as an allowed use to both the Shoppes and Park Residential projects. This amendment is being requested because the City envisions these developments to be "for sale" products only. In addition, the City is adding language to the Shoppes Residential project to establish allowed uses within the Live/Work units. Planning Commission Minutes—December 5, 2006 6 LOCATION: Shoppes Residential Site: Generally southeast corner of Grand Avenue and Peyton Drive; Park Residential Site: Northwest corner of Eucalyptus Avenue and Peyton Drive. RECOMMENDATION: Staff recommends that the Planning Commission adopt a resolution recommending to the City Council approval of amendment to Specific Plan 04-01. Principal Planner Henry Noh presented the staff report, which is on file. Commission Hovsepian asked if the City's desire was to have for-sale products only, like condominiums. Principal Planner Noh responded affirmatively. Commissioner Hovsepian was concerned about the live/work units because there is a tendency for people to circumvent the rules (i.e., rent them out) and they become a City issue creating parking problems, etc. Mr. Hovsepian asked the City Attorney to comment on the issue. Assistant City Attorney Brad Wohlenberg indicated that it is basically impossible under California law to regulate what is done to the unit. Once someone owns the unit, the owner has the right to do with it as desired. The Homeowners Association will some times take action against some of the owners if the HOA has regulations in place regarding the number of rental units but they are very difficult to enforce. After much discussion on the conversion issue of live/work units the Planning Commission discussed uses that will be prohibited under the amendment to the Shoppes Specific Plan. Commissioner Eliason indicated that there was a typing error in the Development Standards, on page 76. The 4th bullet point which talks about personal services such as barbers shops, beauty salons, etc., erroneously states mail salons, which should be corrected to read nail salons. Mr. Eliason also indicated concerns about massage and tattoo parlors that could potentially operate within the live/work units. He was further concerned about prohibited uses that are not listed in the list of prohibited uses, and therefore, people would assume that unspecified uses are actually permitted. Commissioner Bennett indicated that the list of prohibited uses is not intended to be an all inclusive list, and suggested including some general language indicating that other uses are allowed as permitted by the Director of Community Development other than those identified as prohibited. Commissioner Eliason advised Planning staff to contact other cities that have live/work units in place, request and review their information relative to prohibited uses in the live-work units. I Planning Commission Minutes—December 5, 2006 7 Interim Community Development Director Joseph indicated that staff understands the concerns expressed by the Planning Commission and, as advised, will incorporate that i into a staff report for City Council. i COMMISSION ACTION: The Planning Commission adopted item 7c incorporating all of the Planning Commission's comments with tightening of language relative to prohibited used within the live-work units. MOTION: Bennett SECOND: Braun AYES: Hovsepian, Eliason, Braun, Bennett, Bristow NOES: None ABSENT: None Item 7d — Development Code Amendment 050DCA04 Amending Title 16 of the Chino Hills Municipal Code Related to Conversion of Multiple-Family Rental Units to Condominiums, Wall Height in Residential and Non-Residential Zones, Small Lot Overlay District, and Minor Code Corrections was inadvertently excluded from the Planning Commission agenda. COMMISSION ACTION: The Planning Commission continued Item 7d to December 19, 2006. MOTION: Eliason SECOND: Braun 1 AYES: Hovsepian, Eliason, Braun, Bennett, Bristow NOES: None ABSENT: None ITEM #8 - STAFF PRESENTATIONS None. ITEM #9 - COMMISSION INFORMATION a. City Council Unofficial Action Agenda of November 14, 2006. ITEM #10 - COMMISSIONER COMMENTS Commissioner Eliason said that the installation of a flat drain at English Springs Road was a mistake. Director Ward will refer this issue to Engineering. 7 Commissioner Bennett asked about the access gates at Oak Tree Dows. Director Ward L stated that Oak Tree Downs was currently working their way through the gate guarded Planning Commission Minutes—December 5, 2006 8 procedures ordinance. Commissioner Bennett asked about the non-functioning gate at the south end of that development. Director Ward said they were trying to eliminate having a-gate-within-a-gate situation and just have only one gate on Canon Lane. Assistant Community Development Director Abu Bakar informed the Commission that Dawn Vierheilig resigned effective December 8. A new secretary will be staring on December 18, 2006. ITEM #11 - STAFF COMMENTS None. The Planning Commission Meeting of December 5, 2006 was adjourned at 8:45 PM to the next regularly scheduled meeting. Myrna M:Ana, Administrative Secretary Planning Commission Minutes—December 5, 2006 9