CITY OF CHINO HILLS PLANNING COMMISSION MEETING/PUBLIC HEARING MINUTES. May 15, 2007

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1 CITY OF CHINO HILLS PLANNING COMMISSION MEETING/PUBLIC HEARING MINUTES May 15, 2007 CHINO HILLS COUNCIL CHAMBERS 2001 GRAND AVENUE CHINO HILLS, CALIFORNIA The Planning Commission Meeting of May 15, 2007, was called to order at 7:00 P.M. by Chairman Bennett. ROLL CALL COMMISSIONERS: PRESENT: Karen Bristow, Adam, Vice Chair Michael, Chairman Art Bennett Abe STAFF PRESENT: Christine Kelly, Community Development Director Zai Abu Bakar, Assistant Community Development Director - Development Services Winston Ward, Assistant Community Development Director - Building Services Jerrod Walters, Planning Intern Brad Wohlenberg, Assistant City Attorney Steve Nix, Assistant City Engineer Anne Dutrey, Senior Engineer Karen Pulvers, Planning Commission Secretary PLEDGE OF ALLEGIANCE TO THE FLAG: Chairman Bennett led the Assembly in the Pledge of Allegiance. ITEM #4 - PUBLIC COMMENTS. ITEM #5 - CONSENT CALENDAR a. Approval of Minutes: April 3, COMMISSION ACTION: The Planning Commission approved the Minutes of April 3, 2007.,, Bennett

2 ABSTAIN: Bristow b. Design Review #340 A request for approval of Custom Home Design Review #340 for the construction of a 1,485-square foot, single-family detached home and a 475-square foot, two-car garage located at 4726 Fairway Boulevard. Applicant: Joe Wijono. Recommendation: Adopt a resolution approving Custom Home Design Review #340 based on the findings of facts and subject to the Conditions of Approval. Commissioner commented that the design of the house was a great job. COMMISSION ACTION: The Planning Commission approved Item 5b. Bristow,,, Bennett ITEM #6 - PLANNING COMMISSION ACTION ITEMS a. General Plan Conformity Findings for the Capital Improvement Program Budget for Fiscal Year 2007/08. Recommendations: (1) Adopt Resolution entitled A Resolution of the Planning Commission of the City of Chino Hills making findings, pursuant to California Government Code Section 65401, that the City s Fiscal Year Capital Improvement Program (CIP) is consistent with General Plan and recommending approval to the City Council. (2) Transmit a certified copy of this resolution to the City Council of the City of Chino Hills for use in its deliberations regarding the City s budget. Anne Dutrey, Senior Engineer, gave the presentation. She indicated that there were a few minor adjustments to the budget report as presented to the Commission, which was drafted ten days earlier. She reported that the total Parks and Open Space budget is now $4,808,100. There was a budget projection shortfall in park facilities fee fund and a decrease in the budget for the Big League Dreams Field enhancement by $263,900. The sewer and storm drain project balance now is $5,966,100, a reduction of $240,000 in storm drain facilities fund that came out of the English Channel project. She stated that adjustments have been made to balance the budget. It is a very aggressive budget, with approximately 60% of the budget generated or dedicated to facilities, the government center, in particular. The $115 million figure does not include $13 million in developer-funded projects, which are typically some park and trail work, etc. Planning Commission Minutes May 15, 2007

3 The Staff is aggressively pursuing five grant proposals that they are hoping to hear about in the next 30 to 60 days for approximately $15 million in funds. The Staff continues to pursue grant opportunities per Council direction and look for other opportunities to fund future projects. Commissioner Bristow asked if the City Yard security upgrades were in the City of Chino Hills side, and was told by Ms. Dutrey that it is physically located in the City of Chino. They are attempting some improvements to limit the loss to the City. Commissioner Bristow inquired about the Pipeline Avenue Community Center. Ms. Dutrey responded that it was part of a land swap for the former sheriff station site, and is owned by the County. The City has contracted with the County for $6 million over two years to fund the design and development for that site as a community center. She stated we have already received the first $1 million in revenue from the County and we have 13 proposals that have been whittled down to 4 and we will be conducting interviews for architectural services in the next week. Commissioner Bristow inquired what the community center will be used for and Ms. Dutrey related that some of the program in the initial plan will be senior oriented. The agreement is that the County provides $6 million and the use of the facility for 25 years. The City is responsible for the upkeep and the maintenance of the building and the County retains ownership of the site and the building. The agreement is open-ended. Commissioner Bristow asked about the Salvador Vasquez property acquisition. Ms. Dutrey stated that the project cannot be formally closed out until the court decision is final. When asked, Ms. Dutrey stated that the Park and Shoppes Residential properties are both fully entitled properties, so the City has invested money into that property to enhance its marketability. Developers have a significant outlay just in getting through the entitlement process. The money we have expended thus far is to get them through the entitlement process and it enhances the value of the property if in fact the City Council chooses to sell the property. Commissioner inquired if the City entrance monument signs were what was going on on Chino Hills Parkway. Ms. Dutrey stated that that is one piece of it. There is going to be an entry monument on the north side of Grand Avenue. She stated those are the first two projects of a multi-element, multi-year project. Commissioner also raised questions regarding the architectural services for the Parks residential project, as well as the Pipeline Avenue Community Center, and there was further discussion. Commissioner specifically inquired as to who is controlling the design and providing input on what is included in the process. Ms. Dutrey responded that the County provided the funding for it and the City is conducting the management oversight of the project. She added that the request for proposals specifically asks for a number of public scoping meetings. It will most likely be a special workshop. Chairman Bennett asked for clarification on the funding for the Community Center project, and Ms. Dutrey responded that the funding comes totally from the County grant. She added that it is not the intent to add City money to the project unless something unforeseen comes up and it Planning Commission Minutes May 15, 2007

4 is decided to add additional funding to it. It is believed that the $6 million grant will be sufficient, even though it is still early in the project, Ms. Dutrey said. She stated that it would be up to the City to pay for change orders or supplements, if they are decided upon, because the contractual relationship with the County has a cap on it. Commissioner then asked why we are replacing the tile roofs with seamless metal roofs at four different parks. Ms. Dutrey responded that her understanding from talking to the Parks and Open Space Supervisor is that the particular material they use is not a standard clay tile and it has not stood up. Additionally, it is not a material that is readily available for repair, anymore. She clarified that the repairs are being done not to give it consistency with other parks, but rather because they need replacement due to wearing out. Chairman Bennett stated he thought the dog park was supposed to be out of budget totally, at which Ms. Dutrey responded that she thought so, as well, but it has reappeared. Chairman Bennett also asked about the Grand Avenue Park turf and soil replacement. Ms. Dutrey stated that when the project was first put into the budget, she thought it was going to cost about $1 million and the City was pursuing grant money on top of the one-half million dollars budgeted. The City didn t get the grant, and with continuing escalating construction costs, the City keeps rolling over the $500,000 and looking for other revenue sources. There has been some consideration that if, in fact, the Council decides to sell all of this residential property, that maybe some of that could supplement this budget and finally get this project done. Ms. Dutrey asked if there was anything specifically the Commission would like her to include in her report when she presents it to the Council. She then requested an adoption of resolution of conformity. Hearing no further questions or comments, Chairman Bennett asked for a motion. COMMISSION ACTION: The Planning Commission approved the report and adopted a resolution pursuant to Government Code Section finding that the CIP is consistent with the City s General Plan. Bristow,,, Bennett ITEM #7 PUBLIC HEARING a. Conditional Use Permit 07CUP001 A request for approval of a Conditional Use Permit to increase an existing small (up to eight children) family day care to a large (up to twelve children) family day care located in a single-family detached home at Bueno Drive. Applicant: Kenneth and Grace Kang Planning Commission Minutes May 15, 2007

5 Recommendation: Adopt a resolution approving Conditional Use Permit 07CUP001 based on the findings of facts and subject to the Conditions of Approval. Planning Intern Jerrod Walters made the presentation. The Commission voiced concerns regarding the hours of operation, licensing and certification requirements. Grace Kang, the applicant, spoke in favor of the project and proposal and addressed the Commission s concerns. Assistant City Attorney Brad Wohlenberg also spoke to the licensing and certification requirements. There were no other public speakers. COMMISSION ACTION: The Commission approved the project with the following amendment to the Conditions of Approval: Condition of Approval #6 to read: The hours of operation for the day care shall be limited to 6:30 AM to 7:00 PM, Monday through Friday. Bristow,,, Bennett b. General Plan Amendment No. 07GPA001 A request for an amendment to the Circulation Element of the City of Chino Hills General Plan to amend the existing roadway plan map and add a cross-section for modified four-lane major highway classification for Pine Avenue, from the SR-71 Chino Valley Freeway to the City limit line/boundary, which is adjacent to the City of Chino. The amendment will modify the right-of-way width from 104 to 78. Applicant: City of Chino Hills Recommendation: Adopt a resolution recommending to the City Council the approval of the Initial Study/Negative Declaration and General Plan Amendment 07GPA001 based on the findings of facts as indicated in the resolution. Assistant Community Development Director - Development Services, Zai Abu Bakar presented the report, assisted by Assistant City Engineer Steve Nix and Senior Engineer Anne Dutrey. Commissioner asked why we are going to a smaller width. Ms. Abu Bakar responded that the area is a very sensitive environmental area and is a portion of the Prado Dam, so the less right-of-way that is needed is better for the environment and getting through the various environmental agencies. Chairman Bennett added that the City of Chino has already submitted this for federal funding at 78 feet, so it is more for consistency and uniformity than anything else. Chairman Bennett asked if there was going to be a bridge across the area where you come off of Pine Avenue as opposed to a built-up berm. He also pointed out that the alignment doesn t match up on the prints. Planning Commission Minutes May 15, 2007

6 Mr. Nix explained that the blue line is the City boundary between Chino and Chino Hills. The red line is a straight-line projection of Pine. The only bridge involved will be the one on El Prado Road. Commissioner asked about the estimated time frame for the construction of Pine Avenue and Ms. Dutrey indicated that the construction would be done by the year COMMISSION ACTION: The Planning Commission approved Item No. 7b. Bristow Bristow,,, Bennett ITEM #8 - STAFF PRESENTATIONS. TEM #9 - COMMISSION INFORMATION a. City Council Unofficial Action Agenda of April 10, 2007 b. City Council Unofficial Action Agenda of April 24, c. City Council Unofficial Action Agenda of May 8, ITEM #10 - COMMISSIONER COMMENTS Commissioner commented that with regard to the day-care center, we spent a considerable amount of time as Commissioners talking to Staff and legal counsel about what would happen in the event of a sale, and that what speaks well to our City is when we have Commissioners who express concern about the detail that might exist down the road someday when property changes hands and conditional use permits are extended, then our City will continue to be a well-maintained City because we are trying to ensure that the future will be taken care of as well. He appreciates the Commissioners concerns. In addition, Commissioner brought to the attention of the Commission two properties that are across from each other, the first one being Palomino Drive. He said this property is being operated as a frat house with more than a dozen college students living there in addition to a mortgage business. The police were called for an incident. He suggested that Code Enforcement pay a visit. The second house, Palomino, is a property that is being operated as a school of some sort, taking in boarders. He expressed a desire to find out if there are permits, etc. for the property. Assistant Community Development Director - Building Services, Winston Ward stated that Staff is aware of the address, and that they have actually had a meeting with the property owners who do in fact take in boarders so that they can take advantage of living in this school district and attending the schools. The parents live outside the district. The school district also Planning Commission Minutes May 15, 2007

7 made the City aware of this fact. Mr. Ward stated that between Community Development and Code Enforcement, we are working through that issue. He stated Staff will check on the other property. Chairman Bennett commended Commissioner for his affordable housing PowerPoint presentation at the last Council meeting, saying it was very professional and one of the nicest presentations he has ever seen. Community Development Director Christine Kelly agreed with Chairman Bennett, saying it has set a new standard and that she would like to put it on the agenda sometime. Chairman Bennett stated that it was brought to his and Commissioner Bristow s attention at the recent volunteer dinner that there is an activity going on on English Road. It involves the property that is adjacent to the Edison substation. Apparently there is a church operation making major alterations to the property, which is an equestrian-zoned property. Mr. Ward stated that Staff has an application for a church operation at that facility that is currently working its way through the entitlement process. They started doing construction before permitted, remodeling some existing stables so that they could have some classroomtype uses. Code Enforcement was able to intercede, stop it, and now they are working with Staff. They have dropped the idea of the re-conversion to classrooms of the stables, and will most likely remove them. Vice Chairman inquired about the status of the large patio structure on Peyton. Mr. Ward replied that there is currently a stop-work order for the individual who lives there. He was exceeding what he was allowed to do on his approved plans. He submitted a revision to the City and is currently working through that now. Chairman Bennett inquired as to whether there is anything the City can do as far as enforcement when you have applicants who insist on building without permits. Ms. Kelly explained that you normally have to provide the party with due process by notifying them of the violation, issuing a stop-work order, and giving them time to comply with the Code. If they don t comply, you take progressively more restrictive steps in a more restrictive manner. It normally takes a court order to actually require the structure to be torn down. She stated that her experience is that you would normally declare it a public nuisance, a hearing follows, court papers are filed, and it goes on for quite a while. She said that Staff needs to continue to lay it out in a progressively more restrictive manner. ITEM #11 - STAFF COMMENTS Chairman Bennett adjourned the Planning Commission Meeting of May 15, 2007, at 8:08 PM. Karen Pulvers, Planning Commission Secretary Planning Commission Minutes May 15, 2007