MINUTES PLANNING COMMISSION CITY OF CHINO HILLS FEBRUARY 5, 2008 REGULAR MEETING

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1 MINUTES PLANNING COMMISSION CITY OF CHINO HILLS FEBRUARY 5, 2008 REGULAR MEETING Chairman Braun called the Regular Meeting of the Planning Commission of the City of Chino Hills to order at 7:00 p.m. ROLL CALL PRESENT: COMMISSIONERS: KAREN BRISTOW ABRAHAM HOVSEPIAN ADAM ELIASON MICHAEL BRAUN COMMISSIONERS: ART BENNETT ALSO PRESENT: CHRISTINE KELLY, COMMUNITY DEVELOPMENT DIRECTOR ZAI ABU BAKAR, ASSISTANT COMMUNITY DEVELOPMENT DIRECTOR -DEVELOPMENT SERVICES WINSTON WARD, ASSISTANT COMMUNITY DEVELOPMENT DIRECTOR - BUILDING SERVICES BETTY DONAVANIK, SENIOR PLANNER JERROD WALTERS, ASSISTANT PLANNER BRAD WOHLENBERG, ASSISTANT CITY ATTORNEY PAUL MONTOYA, ASSOCIATE ENGINEER PLEDGE OF ALLEGIANCE TO THE FLAG Chairman Braun led the Assembly in the Pledge of Allegiance. ITEM #4 - PUBLIC COMMENTS There were no public comments. ITEM #5 - CONSENT CALENDAR ITEMS a. Minutes of the Planning Commission Meeting of January 15, COMMISSION ACTION: presented. The Planning Commission approved Item 5a as Hovsepian

2 AYES: Bristow, Hovsepian,, Braun None b. Design Review #360: A request for approval of a Custom Home Design Review #360 for the construction of a single-story, 1,289-square foot single-family detached home with an attached 441-square foot, two-car garage located at 4616 Fairway Boulevard. Applicant: Pomona Valley Habitat for Humanity, Inc., La Verne: 2111 Bonita Avenue, La Verne, CA Recommendation: Adopt a resolution approving Custom Home Design Review #360 based on the findings of facts and subject to the Conditions of Approval. The Commission received a report from Assistant Planner Jerrod Walters for Design Review #360 and Minor Variance 08MV02 for the construction of a single-story, 1,289- square foot single-family detached home with an attached 441-square foot, two-car garage located at 4616 Fairway Boulevard. The request for Minor Variance 08MV02 is for a thirty percent (30%) reduction of the required 15-0 rear yard setback to 10-6 to allow the construction of an attached two-car garage. Vice Chairman applauded Habitat for Humanity for coming forward with a great design for this affordable single-family home. He stated he is well acquainted with the architect for Habitat who has done fabulous work with other non-profit organizations in the Inland Empire. Commissioner Hovsepian said that as he has said in the past, he thinks it is a big plus for the City to be partnering with Habitat for Humanity and that they did a great job. COMMISSION ACTION: presented. The Planning Commission approved Item 5b as AYES: Bristow Bristow, Hovsepian,, Braun None ITEM #6 PLANNING COMMISSION ACTION ITEMS a. General Plan Annual Report: Review and recommend approval to the City Council of the Annual Report on the progress of the City s General Plan implementation. Planning Commission Minutes February 5, 2008

3 Senior Planner Betty Donavanik presented the report for Fiscal Year COMMISSION ACTION: presented. The Planning Commission approved Item 6a as AYES: Hovsepian Bristow, Hovsepian,, Braun None ITEM #7 PUBLIC HEARING a. Tentative Parcel Map No : A request for approval of a Tentative Parcel Map for a subdivision of a 9.65-acre property into four lots. The property is located on Woodglen Avenue within Planned Development (Green Valley PD). [Continued from January 15, 2008] Applicant: Julie Sa, Woodglen Avenue, Chino Hills, CA Recommendation: Adopt a resolution approving Tentative Parcel Map No based on the findings of facts and subject to the Conditions of Approval. Senior Planner Betty Donavanik presented a history of the Chino Hills Specific Plan s Prominent Knoll and Ridgeline Standards, the creation of Planned Development (PD) in 1986, and explained that the project is exempt from the City s current Ridgeline Protection Requirements (adopted in 1999) because the project was previously approved through the PD. Commissioner Bristow expressed concerns regarding the preservation of the ridgeline. She said that the Specific Plan showed the attempt of the Plan to keep all of Carbon Canyon Road totally free and designated as a scenic view area. She explained that the map of the view analysis also shows the prominent ridgeline to almost Peyton Drive, adding that it wasn t an accident that the attempt was to keep the area as a scenic view area. She also pointed out that many of the ridgelines slide when they re cut. She asked staff which general plan the area was zoned on to which Ms. Donavanik replied that it was the current General Plan Land Use Map. Staff confirmed that the map meets all requirements of the Subdivision Map Act, and will comply with the Chino Hills Specific Plan s Prominent Knoll and Ridgeline Standards as well as the standards of the Planned Development. Staff also added conditions of approval to the project requiring that a ridgeline study and photosimulations be submitted for review along with the Design Review for the Planning Commission Minutes February 5, 2008

4 development of each lot. Sally Alvarez, 3031 Windrose Court, an 11 year resident of Chino Hills stated that she and several other Green Valley residents have been highly affected by the proposed project and that she considers Chino Hills a city that should be preserved. She also expressed concern about the possibility of a landslide. Christian Bergum of AIA and Associates, Park Ave. Suite B, Victorville, CA 92392, the applicant s representative, stated that the applicant accepts all conditions of approval. Furthermore, of the 9.65 acres, nearly two-thirds remain as is, and that is the highest two-thirds of the project terrain, and only the lowest third is where the smaller sites are clustered around an existing troublesome, not yet finished cul-de-sac. He offered to add a condition of approval stating that the project would be approved subject to being in substantial conformance to the composite plan submitted, that is, clustered, smaller lot size, away from the south side property line. Community Development Director Christine Kelly stated that the City Engineer makes the finding that the final map is in substantial conformance with the tentative map; however, the Subdivision Map Act also allows for lot line adjustments that can be done at staff level. The offer the applicant is making is that they will not at any time in the future file for lot line adjustments. Mike Riley, 3082 Windemere Court, spoke in opposition to the project and requested the City come up with ways to make information regarding future development more available and more understandable to future property owners within the City. John Ruef, 4608 Fairway Boulevard, was the next resident to speak. He stated he lived next door to the proposed new development and expressed concerns regarding the danger of bodily harm and property damage to the new residents of the project caused by erratically flying golf balls from Jack Kramer s Los Serranos Country Club. He said that he has a petition with approximately 50 signatures of residents who came forth describing how they have been affected. He said he will carry this further to the City Council as time goes on. He also has an attorney putting the City of Chino Hills and the golf course on notice of what is happening. [When it became apparent that he was speaking with regard to Item 5b, Chairman Braun advised him that he would be allowed to speak after this matter was voted on.] Pat Short, 3085 Windemere Court, a 16-year resident of Chino Hills, spoke in opposition to the project. Leslie Tait, 3032 Daybreak Court, opposed, asked if it was possible to reevaluate the property lines so that the homes are only on the north side of the hill. Chairman Braun closed the public hearing at 8:15 p.m. and brought the discussion back up to the Commission. Planning Commission Minutes February 5, 2008

5 Commissioner Hovsepian had no objections to the project. Chairman Braun stated that staff has sufficiently shown that the PD is the controlling document with respect to the ridgeline act. Commissioner Bristow said that it distressed her that a document that the Commission worked so hard to make work better for the City ends up causing destruction to what has been a public view for more than twenty years in a community that participated back in the early eighties to preserve what they considered was their community s particularly special views. She went on to say that when they worked on the project to secure the prominent ridgelines, she never envisioned that what they had tried to accomplish in the eighties would be destroyed by some of the words that are now in the document. She didn t think they would have to go all the way to the top of the ridgeline for this project. Commissioner Bristow asked the Commission if they would consider removing the buildable area on the south side of the lot. Assistant City Attorney Brad Wohlenberg said that would be essentially changing the map so that what the applicant has submitted is not what is being approved. Therefore, the map would have to be resubmitted and redrawn. Chairman Braun reopened the public hearing at 8:26 p.m. Mr. Bergum explained that if they back the property lines off the south side, then to meet the minimum size they would need to go further away from the cul-de-sac, not an idea the Commission would want them to pursue. He said it is not his intention to build on the south area because of the geological undesirability of the site and it isn t his wish to redraw the map. The engineer on the project stated that it is not possible to move the south side property line because the property line has to be a closure. In order to do that, they would have to push the property line further north, giving up part of the land. Chairman Braun closed the public hearing at 8:32 p.m. COMMISSION ACTION: The Planning Commission approved item 7a adding the following Condition of Approval: The developer offers and the City accepts that the Final Parcel Map and all future lot lines shall be in substantial conformance with the Tentative Parcel Map as approved by the Planning Commission. AYES: Hovsepian Hovsepian,, Braun Bristow Planning Commission Minutes February 5, 2008

6 All Planning Commission decisions may be appealed to the City Council. An appeal of a Planning Commission decision must be filed with the City Clerk within ten (10) working days of the meeting. Please contact the City Clerk at (909) for further information about filing an appeal or obtaining an appeal application. Chairman Braun opened the public hearing to hear public comments regarding Item 5b. Assistant Community Development Director Building Services, Winston Ward, said that with respect to any of the newer subdivisions, the tracts that came in after the golf course was built, staff was able to condition the developer of the tracts to provide for protection from the flight of golf balls, both as it relates to the structure of the house itself and to the streets, Los Serranos Country Club Drive and Torrey Pines Drive on the north side. The problem is that the golf course predated the actual subdivisions and the homes that went in there as well as the streets. Therefore, it is not the responsibility of the golf course to build fences. John Ruef, 4608 Fairway Boulevard, showed the Commission various photos of property damage done by the golf balls. Daniel Ruef, 4608 Fairway Boulevard, said that he has received over 1200 golf balls. He asked that this issue be addressed at a future planning commission meeting. He said that he feels a serious hazard exists for anyone, especially children, who will be occupying the new Habitat for Humanity home. ITEM #8 - STAFF PRESENTATIONS None. ITEM #9 - COMMISSION INFORMATION None. ITEM #10 - COMMISSIONER COMMENTS The Commission directed staff to explore Area D of the Planned Development amendment for accessory structures. Commissioner Hovsepian directed a question to Mr. Wohlenberg re AB641 which prohibits local governments from requiring the payment of local developer fees before the developer has received a certificate of occupancy for any housing development in which at least 49 percent of the units are affordable or low housing. It exempts developer fees from school construction purposes. Planning Commission Minutes February 5, 2008

7 Mr. Wohlenberg responded that they do have to pay fees, but not until later in the process, after the certificate of occupancy. He said that he would have to look at the exact language of the bill, but that schools are a branch of the state. If the state decides they wish to exempt themselves from local fees, they generally have the right to do so. If they are building for classroom purposes, for instance, they have a lot of exemptions. Commissioner Braun thanked staff for a good job in researching. Commissioner Hovsepian suggested that perhaps someone should look into the liability of a golf course and the damage errant golf balls do. Mr. Wohlenberg commented that the subject has probably come up before, so he will talk to the City Manager. ITEM #11 - STAFF COMMENTS Chairman Braun adjourned the Planning Commission meeting of February 5, 2008 at 8:55 p.m. to the next regularly scheduled meeting of February 19, Karen Pulvers, Planning Commission Secretary Planning Commission Minutes February 5, 2008