HomeMy WebLinkAbout1994/02/09 - Agenda Packet1977
WEDNESDAY
CITY OF
RANCHO C[.~A MONGA
PLANNING COMMISSION
/W ENDA
FEBRUARY 9, 1994
7:00 P.M.
RANCHO CUCAMONGA CIVIC CENTER
COUNCIL CHAMBER
10500 CIVIC CENTER DRIVE
RANCHO CUCAMONGA, CALIFORNIA
II.
III·
I. Roll Call
Chairman Barker
Vice Chairman McNiel
Commissioner Lumpp
Announcements
Commissioner Melcher
Commissioner Tolstoy __
Public Hearings
The following items are public hearings in which
concerned individuals may voice their opinion of
the related project. Please wait to be recognized
by the Chairman and address the Commission by
stating your name and address. All such opinions
shall be limited to 5 minutes per individual for
each project. Please sign in after speaking.
MODIFICATION TO A CONDITION OF APPROVAL FOR
TENTATIVE PARCEL MAP 12877 - GOLDEN - A request
to modify the condition of approval to
underground the existing overhead utilities
beyond the limits of the project site for a
subdivision of 3.28 acres of land into 2
parcels in the Very Low Residential District
(less than 2 dwelling units per acre), located
on the north side of Hillside Road, east of
Moonstone Avenue - APN: 1061-251-24.
CONDITIONAL USE PERMIT 94-01 - DEEB - A request
to sell distilled spirits in addition to beer
and wine within an existing convenience market
of 2,124 square feet within the Community
Commercial District (Subarea 3) of the Foothill
Boulevard Specific Plan, located at the
northeast corner of Foothill Boulevard and
Ramona Avenue - APN: 1077-621-34.
VI.
VII ·
ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN
AMENDMENT 93-02B - MASI - A request to amend
the land use designation from Industrial Park
to General Commercial for 15 acres of land
extending along Foothill Boulevard to a
parallel line approximately 520 feet south,
within the Masi Plaza development, located at
the southwest corner of Foothill Boulevard and
Rochester Avenue - APN: 229-011-10, 19, 21,
and 26 through 28. Staff recommends issuance
of a Negative Declaration. Related File :
Conditional Use Permit 91-24.
Be
CONDITIONAL USE PERMIT 93-31- MASI - A request
to permit a health club of 15,800 square feet
in Building 15 of previously approved
Conditional Use Permit 91-24, in the Industrial
Park District (Subarea 7) of the Industrial
Area Specific Plan, located on 27 acres at the
southwest corner of Foothill Boulevard and
Rochester Avenue - APN: 229-011-28.
IV. Director's Reports
E. BROWN ACT UPDATE - (Oral report)
V. Public Comments
This is the time and place for the general public
to address the Commission. Items to be discussed
here are those which do not already appear on this
agenda.
Commission Business
Adjournment
The Planning Commission has adopted Administrative
Regulations that set an 11:00 P.M. adjournment
time. If items go beyond that time, they shall be
heard only with the consent of the Commission.
VICINITY MAP
CITY HALL
CITY OF
RANCHO CUCAMONGA
DATE:
TO:
FROM:
BY:
SUBJECT:
February 9, 1994
CITY OF RANCHO CUCAMONGA
STAFF REPORT
Chairman and Members of the Banning Commission
Dan James, Senior Civil Engineer
Betty A. Miller, Associate Engineer
MODIFICATION TO A CONDITION OF APPROVAL FOR TENTATIVE PARCEL MAP
128)7 - GOLDEN - A request to modify the condition of approval to
underground the existing overhead utilities beyond the limits of
the project site for a subdivision of 3.28 acres of land into 2
parcels in the Very Low Residential District (less than 2 dwelling
units per acre), located on the north side of Hillside Road east of
Moonstone Avenue - APN: 1061-251-24
BACKGROUND: The tentative map (Exhibit "B") was approved on December 9,
I992. At that time the applicant requested that the undergrounding
requirement be waived because less than 300 feet was involved. The Manning
Commission chose not to waive the condition (see attached minutes). "ow the
applicant is requesting a modification to the limits of undergrounding, as
indicated in the attached letter.
ANALYSIS: Engineering Division condition number 7 reads
"The existing overhead utilities (telecommunications
and ~ectrical) along the north property line of Parc~
1 shall be undergrounded from the first pole west of
Moonstone Avenue to the terminus about 135 feet east of
Moonstone Avenue prior to approval of the Final Parc~
Map."
The wording of the condition is based upon Banning Commission Resolution No.
87-96 (attached) which states dev~opment "shall be responsible for
undergrounding all existing overhead utility lines including the removal of
related supporting poles adjacent to and within the limits of a
development..." Section 5.b of the res~ution indicates undergrounding shall
extend across the street for corner properties. The applicant has been told
installing a new pole on the southwest corner of Moonstone Avenue and Via ~
Dorado would satisfy the condition and minimize the length of undergrounding
required (Exhibit "C"). The applicant would prefer to leave the existing pole
on the east side of Moonstone Avenue and underground only the portion running
along his north property line.
ITEM A
PLANNING COMMISSION STAFF REPORT
TENT PARCEL MAP 12877 - GOLDEN
February 9, 1994
Page 2
RECOMMENDATION: The Commission should review all the evidence and either deny
the request or determine whether appropriate findings can be made within the
context of Resolution 87-96 to support the applicant's request. Staff has
provided both a Resolution of Denial and a Resolution of Approval for your
consideration. In order to adopt the latter, the Commission will need to
complete the Findings Section (B.2) at the meeting.
Respectfully submitted,
Dan James
Senior Civil Engineer
DJ: BAM: dl w
Attachments:
Applicant's Letter of Request
Exhibit "A" - Vicinity Map
Exhibit "B" - Tentative Parcel Map
Exhibit "C" - Existing Overhead Utilities
Resolution 87-96
Resolution g2-145
Planning Commission Minutes of December 9, lgg2
Proposed Resolution of Denial
Proposed Resolution of Approval
Civil Engineers and Land Surveyors
9640 Center Avenue, Suite 100
Rancho Cucamonga, California 91730-5809
(714) 941-1903
The City of Rancho Cucamonga
Engineering Division
10500 Civic C~nter Drive
P.O. Box 807
Rancho Cucamonga, CA 91729
Date: December 29,1993
Attention: Ms. Betty Miller, Associate Engineer
Reference: Tentative Parcel Map 12877
Dear Ms. Miller:
My client, Dr. Irwin B. Golden, i~ desirous of obtaining a
modification to one of the conditions that was placed by the
Planning Commission for their approval of the above referenced
Parcel map. In particular we are referring to Section 3: Item no.
7 of Resolution 92-145. We are requesting that this ~tem be
modified to eliminate the undergrounding of the overhead electrical
line beyond the limits of Dr. Golden's property line.
Per your letter of November 23, 1993 we are enclosing Dr.
Golden's check in the amount of One Thousand, One Hundred and
Ninety Dollars ($1190.00) as the fee for this request.
"'hank ycu :~ your assista~lce in thia matter.
very truly youf~ /9
Carl T. Kobbins fr.
President
R.C.E. NO. 13669
RESOLUTION NO. 87-96
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA ESTABLISHING A REVISED POLICY FOR THE
UNDERGROUNDING OF EXISTING OVERHEAD UTILITIES AND
REPEALING RESOLUTION NO. 86-77
WHEREAS, the Planning Commission of the City of Rancho Cucamonga
wishes to repeal Resolution No. 86-77 which was adopted on the 28th day of
May, 1986 and establish the revised policy contained herein;
WHEREAS, the Planning Commission of the City of Rancho Cucamonga
wishes to remove unsightly existing overhead utility lines in order to promote
a more aesthetic and desirable working and living environment within the City;
and
WHEREAS, it is necessary to establish a policy to inform property
owners and developers of the City goal.
NOW, THEREFORE, be it resolved and established that all developments,
except those contained in Section 7 and any others specifically waived by the
Planning Commission, shall be responsible for undergrounding all existing
overhead utility lines including the removal of the related supporting poles
adjacent to and within the limits of a development as follows:
1. Lines on the project side of the street*:
a. Said lines shall be undergrounded at the developer's expense.
In those circumstances where the Planning Commission decides that
undergrounding is impractical at present for such reasons as a short
length of undergrounding (less than 300 feet and not undergrounded
adjacent), a heavy concentration of services to other users,
disruption to existing improvements, etc., the Developer shall pay an
in-lieu fee for the full amount per Section 6.
C#
The Developer shall be eligible for reimbursement of one-half the cost
of undergrounding from future developments as they occur on the
opposite side of the street.
2. Lines on the opposite side of the street from the project: The Developer
shall pay a fee to the City for one-half the amount per Section 6.
Lines on both sides of the street: The Developer shall comply with
Section 1 above and be eligible for reimbursement or pay additional fees
so that he bears a total expense equivalent to one-half the total cost of
undergrounding the lines on both sides of the street.
4. Pole lines containing 66KV or larger electrical lines: All lines shall be
undergrounded or in-lieu fees paid in accordance with section l, 2 or 3,
above, except for 66 KV or larger electrical lines.
5. Limits of Responsibilities:
In-lieu fees shall be based upon the length of the property being
developed from property line to property line (the center of adjacent
streets for corner properties).
be
Undergrounding shall include the entire project frontage and extend
to: (1) the first existing pole off-site from the project boundaries
(across the street for corner properties}, {2} a new pole erected at a
project boundary (across the street for corner properties), or (3) an
existing pole within 5 feet of a project boundary, except at a corner.
Fee Amount: The amount for in-lieu fees shall equal the length (per
Section 5.a) times the unit amount as established by the City Council
based upon information supplied by the utility companies and as updated
periodically as deemed necessary.
Exemptions: The following types of projects shall be exempt from this
policy:
The addition of functional equipment to existing developments, such
as: loading docks, silos, satellite dishes, antennas, water tanks, air
conditioners, cooling towers, enclosure of an outdoor storage area,
parking and loading areas, block walls and fences, etc.
Building additions or new free standing buildings of less than 25% of
the floor area of the existing building{s) on the same assessor's
parcel, or 5,000 square feet, whichever is less.
Ce
Exterior upgrading or repair of existing developments, such as:
reroofing, addition of trellis, awnings, landscaping, equipment
screening, repainting and exterior finishes, etc.
d. Interior tenant improvements and non-construction CUPs.
e. The construction of a single family residence on an existing parcel.
fJ
Existing overhead utility lines located in trails, alleys, and utility
easements with a heavy concentration of services to adjacent
developments, and the utility lines are 500' or more from the right of
way line of a Special Boulevard.
Residential subdivisions of four or fewer single family residential
parcels, where the utility lines extend at least 600' offsite from
both the project boundaries and the adjacent property is not likely to
contribute to future undergrounding.
All references to streets shall also mean alleys, railroad or channel
rights-of-way, etc.
PLANNING COM~
ATTEST: ~
/r ad-Baqy,~OePu~9 Secr et ary
APPROVED AND ADOPTED THIS loth DAY OF JUNE lg87.
ISSION OF THE CITY OF RANCHO CUCAMONGA
I, Brad Buller, Deputy Secretary of the Planning Commission of the City of
Rancho Cucanonga, do hereby certify that the foregoing Resolution was duly and
regularly introduced, passed, and adopted by the Planning Commission of the
City of Rancho Cucamonga, at a regular meeting of the Planning Cc,,m, ission held
on the lO day of June, lg87, by the f.ollowing vote-to-wit:
EMERICK, CHITIEA, MCNIEL
AYES: COMMISSIONERS:
TOLSTOY
NOES: CO~ISSIO~ERS:
ABSENT: COMMISSIONERS: NONE
ABSTAIN': COMMISSIONERS: BLAKESLEY
RESOLUTION NO. 92-145
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, CONDITIONALLY APPROVING
TENTATIVE PARCEL MAP NUMBER 12877, LOCATED ON THE NORTH
SIDE OF HILLSIDE ROAD EAST OF MOONSTONE AVENUE, AND
MAKING FINDINGS IN SUPPORT THEREOF - APN: 1061-251-24
WHEREAS, Tentative Parcel Map Number 12877, submitted by Dr. Irwin
Golden, applicant, for the purpose of subdividing into two parcels, the real
property situated in the City of Rancho Cucamonga, County of San Bernardino,
State of California, identified as APN: 1061-251-24, located on the north side
of Hillside Road east of Moonstone Avenue; and
WHEREAS, on December 9, 1992, the Planning Commission held a duly
advertised public hearing for the above-described map.
NOW, THEREFORE, THE RANCHO CUCAMONGA PLANNING COMMISSION RESOLVES AS
FOLLOWS:
SECTION 1: That the following findings have been made:
1. That the map is consistent with the General Plan.
2. That the improvement of the proposed subdivision is
consistent with the General Plan.
3. That the site is physically suitable for the
proposed development.
That the proposed subdivision and improvements will
not cause substantial environmental damage or public
health problems or have adverse effects on abutting
properties.
SECTION 22 This Commission finds and certifies that the project has
been reviewed and considered in compliance with the California Environmental
Quality Act of 1970; and further, this Commission hereby issues a mitigated
Negative Declaration.
SECTION 3: Tentative Parcel Map Number 12877 is hereby approved
subject to the attached Standard Conditions and the following Special
Conditions:
ENGINEERING DIVISION
A final Soils and Geologic report shall be submitted
to and approved by the Building Official and City
Engineer prior to Final Parcel Map approval. The
report shall address slope analysis, stability, and
sloughing and shall include a calculation of the
angle of repose for erosive slope failure which, if
flatter than 2:1, shall be used to determine the
slope influence line.
PLANNING COMMISSION RESOLUTION NO. 92-145
TENTATIVE PARCEL MAP 12877 - GOLDEN
DECEMBER 9, 1992
PAGE 2
The final Drainage Study shall include a design of
the proposed erosion protection method to stabilize
the existing slope under conditions of a 100 percent
bulked 100-year storm. Erosion protection shall be
installed to the satisfaction of the City Engineer
and Building Official prior to Final Parcel Map
approval.
Revise the existing 60-foot offer of dedication to
the City for drainage purposes shown on Parcel Map
9646 so that the centerline more closely follows the
existing flowline and crosses the south property
line near the existing inlet to the pipe under
Hillside Road for the westerly drainage course.
Along the south property line, the easement shall be
widened to encompass the overflow route across
Hillside Road in the event of blockage in the pipe.
Revise the existing 40-foot offer of dedication
along the east property line of Parcel Map 9646 to
one which more closely follows the existing flowline
and measures 30-feet from centerline.
Show the irrevocable offers of dedication for slope
easement purposes for both parcels on the Final
Parcel Map. Label the offer-of-dedication areas as
subject to special design restrictions, as outlined
in the final Soils and Geologic report and other
City code requirements.
6e
Required public improvements fronting Parcel 1
(Moonstone Avenue) per Standard Condition No. B.3,
shall be completed prior to approval of the Final
Parcel Map.
The existing overhead utilities (telecommunications
and electrical) along the north property line of
Parcel I shall be undergrounded from the first pole
west of Moonstone Avenue to the terminus about 135
feet east of Moonstone Avenue prior to approval of
the Final Parcel Map.
PLANNING DIVISION
1. NO local feeder trails shall be provided.
me
Any future residence on Parcel 2 shall be designed
in accordance with the City's Hillside Development
Ordinance. A separate development review
application will be processed for the development of
Parcel 2 at such time as a residence is proposed.
PLANNING COMMISSION RESOLUTION NO. 92-145
TENTATIVE PARCEL MAP 12877 - GOLDEN
DECEMBER 9, 1992
PAGE 3
Concurrent with recordation of the Final Parcel Map,
the following statement shall appear on the record
title for Parcel 2:
"Please be advised that the property you
are considering to purchase is subject to
the requirements of the Hillside
Development Regulations, as contained in
Rancho Cucamonga Municipal Code Chapter
19.24. The basic purpose of these
regulations is to implement the City's
General Plan, to minimize the adverse
effects of grading, to avoid grading in
environmentally sensitive areas, and to
provide for the safety and welfare of the
community while allowing for the reasonable
development of land. The Hillside
Development Regulations include standards
and guidelines for site design, driveway
design, architecture, building envelopes,
landscaping, fencing, grading, and
drainage. For additional information or
copies of the Hillside Development
Ordinance contact the City of Rancho
Cucamonga Planning Division at
(909) 989-1861."
APPROVED AND ADOPTED THIS 9TH DAY OF DECEMBER 1992.
PLANNING CO~SSION ~F THE CITY OF RANCHO CUCAMONGA
BY: ~
I, ~rad Bullet, Secretary of the Planning Commission of the City of Rancho
Cucamonga, do hereby certify that the foregoing Resolution was duly and
regularly introduced, passed, and adopted by the Planning Commission of the
City of Rancho Cucamonga, at a regular meeting of the Planning Commission held
on the 9th day of December 1992, by the following vote-to-wit:
AYES: COMMISSIONERS: CHITIEA, MCNIEL, MELCHER, TOLSTOY, VALLETTE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE
PUBLIC HEARINGS
ENVIRONMENTAL ASSESSMENT AND TENTATIVE PARCEL MAp 12877 - GOLDEN - A
subdivision of 3.28 acres of land into 2 parcels in the Very Low
Residential District (less than 2 dwelling units per acre), located on the
north side of Hillside Road, east of Moons%one Avenue - APN: 1061-251-24.
Staff recommends issuance of a mitigated Negative Declaration.
Betty Miller, Associate Engineer, presented the staff report.
Chairman McNiel opened the public hearing.
Greg Golden, 8231 Sunflower Avenue, Rancho Cucamonga, stated he represented
his parents, the owners. He said there were two main issues: the trail
proposed by the Trails Committee on the north side of Parcel 1 and the
undergrounding requirement. He provided pictures of the existing landscaping
in the area of the proposed trail and the undergrounding. He noted that the
landscaping had been there for 35 years and stated he felt it would be
detrimental to the property to have to remove the olive and avocado trees in
order to build the trail and underground the utilities. He observed that
there is a clause in the Undergrounding Policy Resolution %hat permits waiving
of the undergrounding requirement if less than 300 feet is involved. He
remarked that he had received feedback from neighbors that %hey oppose
disturbing the parkway in order to underground. He questioned why nhe
landscaping on Parcel 1 should be destroyed in order to develop Parcel 2. He
stated that the proposed trail would have to cross two 30-foot deep ravines to
reach Parcel 2, and therefore was depicted as stopping at the edge of the
ravine. He noted that construction of the trail would require removal of nine
mature trees. He thought it would be better to consider constructing a trail
for Parcel 2 when the 5-acre parcel to the north is developed.
Commissioner Melcher asked if the three lots facing Hillside Road had
originally been owned by the Gold, ns.
Mr. Golden responded affirmatively.
Ralph Hanson, Deputy City Attorney, discussed Planning Condition 3 and
suggested that the requirement regarding a notice of applicability of Hillside
Development Regulations be tied to the record title because it would otherwise
be imprac%ical to determine if the notice had been disclosed.
Hearing no further testimony, Chairman McNiel closed the public hearing.
Chairman McNiel stated that one of the goals of the City is to have utilities
undergrounded at the earliest possible time. He said the requirement is
therefore generally tied to lot splits.
Commissioner Melther asked the maximum number of parcels that can be created
by a parcel map under the Map Act.
Planning Commission Minutes
-3-
December 9, 1992
Ms. Miller responded i= must be less than five parcels.
Commissioner Mmicher observed =ha= =he Geldens had gone through =he process
twice, previously subdividing in=o four plrcels and now dividin9
parcels. He noted =ha= with a Co=el of six lots, it would have required a
subdiviaion if it had been split all a= once.
Chilrman McNiel asked when the first lot splits had occurred.
Ms. Miller responded it hid been approximately 1986.
Commissioner Valle=re asked for clarification of =he Undergrounding Policy
with respect to undergrounding and the provision for waiving the requirement
in Cllll whirl llll than 300 fie= is to be undergrounded.
Ms. Miller tempo=did that the policy allows for waiving of the undergrounding
requirement if i= is impractical a= =he time~ however, i= requires payment of
an in-lieu fee for the full amount if that occurs. She etated there is alii a
clause permitting exemption if the lines ix=end 600 feet off-site and the
adjacent property would likely not develop. She stated that was no= true in
this case.
Co~miesioner Ville=as asked for confirmation of the trail issue.
Din Coleman, Principal Planner, s=l=ld the ipplicint hid originally proposed a
local trail along the east boundary of Parcel 2, but the Trails Committee had
felt that would not be practical because of =he topography. He said the
Co~i~=ee had envisioned the =rail as providing access to Parcel I from
Moons=one.
COmmissioner Molcher questioned the purpose of requiring =he =rail.
Hr. Coleman stated it was to provide access for horses, hay deliveries, etc.
Commissioner Valle=as asked if =he Trails Committee typically requires removal
of miture vegeua=ion to establish a trail.
Mr. Colemmn did not believe the Committee was aware of the vegetation at the
time they prOpoled the trail location.
Commissioner Melther noted there is a single service leaving Moons=one to
serve Parcel 1 and he felt it would be appropr£ate to require the
undergrounding at =hil ti~. He noted that the uuilinies are undergrounded
soon after entering the property.
Commissioner Tolstoy felt the condition requiring the trail could be deleted
because it would not lervl anyone but Parcel 1. He =emirkid that if there had
been I possibility to extend the triil in the future =o serve other
prOper=ill, hi would have voted for requiring the =rail. He felt that if the
property =o the north ie subdivided, i =rail could then be required to reach
Parcel 2. He agreed that the undergrounding should be required.
Planning Commission Minutes
-4-
December 9, 1992
Commissioner Melther agreed the trail should not be required on Parcel 1.
Convnissioner Chitiea concurred that it would be appropriate to delete the
trail. because it would serve only Parcel 1 and Parcel 2 could have direct
access to the Community Trail.
Commissioner Vallette agreed.
Motion: Moved by Chitlea, seconded by Melther, to issue a Negative
Declaration and adopt the resolution approving Tentative Parcel Map 12877 with
modifications to delete the requirement for a local feeder trail and to
require a statement on the record title regarding the applicability of
Hillside Development Regulations. Motion carried by the following vote:
AYES:
NOES:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
CHITIEA, MCNIEL, MELCHBR, TOLSTOY, VALLETTE
NONE
NONE -carried
rla u~1- ....... ~r aD~T ~D~r[D -- A w~,----~ ~-- --eFIIE~ -~ -
83 square foot building containing 1,200 square feet of retail space
1,983 square foot fast food restaurant (with drive-thru), within a
y approved commercial retail center in the Regional Related
Commer~ designation (Subarea 4) of the Foothill Boulevard Specific
Plan, loc~ on the south side of Foothill Boulevard between 1-15 and
Etiwanda Ave~- APN: 229-031-03 ~hrough 13, 15, 16, 20, and a por~ion
B a~ B~r,~'~y Plann~ stated staff had received word from the Wattson
Arno Company, prop~ o~rs, =hat =he project proponen~ wou~d like
con~ue the matter ~ allow~rther review by the Design Review Co~ittee.
to January 13, 1993.
Chairman McNiel opened the public ~i~There were no
Motion: Moved by Melther, seconded by Tol~.~oy, ~o continue Conditional Use
Permit 92-20 to January 13, 1993. Motion car~ied by the followin9 vo~e:
AYES: COMMISSIONERS: CHITIEA, MCNIEL, MELC~R, TOLSTOY, VALLETTE
NOES: COMMISSIONERS: NONE
ABSENT: COMMISSIONERS: NONE '~ried
H. ENVI ONMENTAL ASSESSMENT AND TENTATIVE TRACT 14116 - WILLI~ LYON COMPANY
A residential subdivision of 19 single family lots on 4.09"~re
- e of land
in the Low Medium Residential Distric~ (4-8 dwelling units ~r acre),
located south of Highland Avenue, west of the Deer Creek CharmS- APN:
1076-61-03. Associated with this application is Tree Removal~ermit
91-27. Staff recommends issuance of a mitigated Negative Declara~.
Associated with this project is Tree Removal Permit 92-17.
Planning Commission Minutes
-5-
December 9, 1992
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, DENYING A REQUEST FOR A
MODIFICATION OF A CONDITION OF APPROVAL FOR TENTATIVE
PARCEL MAP 12877, LOCATED ON THE NORTH SIDE OF HILLSIDE
ROAD, EAST OF MOONSTONE AVENUE WITHIN THE VERY LOW
RESIDENTIAL DISTRICT (LESS THAN 2 DWELLING UNITS PER
ACRE), AND MAKING FINDINGS IN SUPPORT THEREOF -
APN: 1061-251-24
A. Recitals.
1. On December 9, 1992, the Planning Commission adopted Resolution
No. 92-145, thereby approving, subject to specified conditions, Tentative
Parcel Map 12877, which provides for the development of two single family lots
on 3.28 acres of land within the Very Low Residential District.
2. On January 3, 1994, a request was filed by Dr. Irwin B. Golden to
modify the condition of approval requiring the undergrounding of existing
overhead utilities across Moonstone Avenue.
3. On February 9, 1994, the Planning Commission of the City of
Rancho Cucamonga conducted a duly noticed public hearing on the application
and concluded said hearing on that date.
4. All legal prerequisites prior to the adoption of this Resolution
have occurred.
B. Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the
Planning Commission of the City of Rancho Cucamonga as follows:
1. This Commission hereby specifically finds that all of the facts
set forth in the Recitals, Part A, of this Resolution are true and correct.
2. Based upon substantial evidence presented to
during the above-referenced public hearing on February 9,
written and oral staff reports, together with public
Commission hereby specifically finds as follows:
this Commission
1994, including
testimony, this
a. The requirement to underground utilities across the street on
corner properties is consistent with current Planning Commission policy.
3. Based upon the substantial evidence presented to this Commission
during the above-referenced public hearing and upon the specific findings of
facts set forth in paragraphs i and 2 above, this Commission hereby finds and
concludes as follows:
a. That the requirement to begin undergrounding at the first
pole on the west side of Moonstone Avenue is necessary and reasonable.
PLANNING COMMISSION RESOLUTION NO.
TENT PARCEL MAP 12877 - GOLDEN
February 9, 1994
Page 2
4. Based upon the findings and conclusions set forth in
paragraphs 1, 2, and 3 above, this Commission hereby denies the requested
condition modification and reaffirms Resolution No. 92-145.
5. The Secretary to this Commission shall certify to the adoption of
this Resolution.
APPROVED AND ADOPTED THIS 9TH DAY OF FEBRUARY 1994.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
E. David Barker, Chairman
ATTEST:
Brad Bullet, Secretary
I, Brad Bullet, Secretary of the Planning Commission of the City of Rancho
Cucamonga, do hereby certify that the foregoing Resolution was duly and
reqularly introduced, passed, and adopted by the Planning Commission of the
City of Rancho Cucamonga, at a regular meeting of the Planning Commission held
on the 9th day of February 1994, by the following vote-to-wit=
AYES= COMMISSIONERS:
NOES= COMMISSIONERS:
ABSENT: COMMISSIONERS:
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, MODIFYING A CONDITION OF
APPROVAL FOR TENTATIVE PARCEL MAP 12877, LOCATED ON THE
NORTH SIDE OF HILLSIDE ROAD, EAST OF MOONSTONE AVENUE
WITHIN THE VERY LOW RESIDENTIAL DISTRICT (LESS THAN 2
DWELLING UNITS PER ACRE), AND MAKING FINDINGS IN SUPPORT
THEREOF - APN: 1061-251-24
A. Recitals.
1. On December 9, 1994, the Planning Commission adopted Resolution
No. 92-145, thereby approving, subject to specified conditions, Tentative
Parcel Map 12877, which provides for the development of two single family lots
on 3.28 acres of land within the Very Low Residential District.
2. On January 3, 1994, a request was filed by Dr. Irwin B. Golden to
modify the condition of approval requiring the undergrounding of existing
overhead utilities across Moonstone Avenue.
3. On February 9, 1994, the Planning Commission of the City of
Rancho Cucamonga conducted a duly noticed public hearing on the application
and concluded said hearing on that date.
4. All legal prerequisites prior to the adoption of this Resolution
have occurred.
B. Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the
Planning Commission of the City of Rancho Cucamonga as follows:
1. This Commission hereby specifically finds that all of the facts
set forth in the Recitals, Part A, of this Resolution are true and correct.
2. Based upon substantial evidence presented to this Commission
during the above-referenced public hearing on February 9, 1994 including
written and oral staff reports, together with public testimony, this
Commission hereby specifically finds as follows:
ao
be
PLANNING COMMISSION RESOLUTION NO.
TENT PARCEL MAP 12877 - GOLDEN
February 9, 1994
Page 2
3. Based upon the substantial evidence presented to this Commission
during the above-referenced public hearing and upon the specific findings of
facts set forth in paragraphs I and 2 above, this Commission hereby finds and
concludes as follows=
a. That the map is consistent with the General Plan.
b. That the improvement of the proposed subdivision is
consistent with the General Plan.
c. That the site is physically suitable for the proposed
development.
d. That the proposed subdivision and improvements will not cause
substantial environmental damage or public health problems or have adverse
effects on abutting properties.
4. This Commission hereby finds and certifies that the project has
been reviewed and considered in compliance with the California Environmental
Quality Act of 1970, as amended, and that a Negative Declaration was issued on
December 9, 1992.
5. Eased upon the findings and conclusions set forth in
paragraphs 1, 2, 3, and 4 above, this Commission hereby modifies Resolution
No. 92-145 by changing Condition No. 7 under Engineering Division to read as
follows:
"The existing overhead utilities (telecommunications
and electrical) along the north property line of
Parcel I shall be undergrounded from the first pole
east of Moonstone Avenue to the terminus about 135
feet east of Moonstone Avenue prior to approval of
the Final Parcel Map."
6. The Secretary to this Commission shall certify to the adoption of
this Resolution.
APPROVED AND ADOPTED THIS 9TH DAY OF FEBRUARY 1994.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCANONGA
BY:
E. David Barker, Chairman
ATTEST=
Brad Bullet, Secretary
PLANNING COMMISSION RESOLUTION NO.
TENT PARCEL MAP 12877 - GOLDEN
February 9, 1994
Page 3
I, Brad Bullet, Secretary of the Planning Convission of the City of Rancho
Cucamonga, do hereby certify that the foregoing Resolution was duly and
regularly introduced, passed, and adopted by the Planning Commission of the
City of Rancho Cucamonga, at a regular meeting of the Planning Commission held
on the 9th day of February 1994, by the following vote-to-wit=
AYES= COMMISSIONERS=
NOES= COMMISSIONERS=
ABSENT=
COMMISSIONERS=
DATE:
TO:
FROM:
BY:
SUBJECT:
CITY OF RANCHO CUCAMONGA
STAFF REPORT
February 9, 1994
Chairman and Members of the Planning Commission
Brad Buller, City Planner
Steve Hayes, Associate Planner
CONDITIONAL USE PERMIT 94-01 - DEEB - A request to sell distilled
spirits in addition to beer and wine within an existing convenience
market of 2,124 square feet within the Community Commercial
District (Subarea 3) of the Foothill Boulevard Specific Plan,
located at the northeast corner of Foothill Boulevard and Ramona
Avenue - APN: 1077-621-34.
PROJECT AND SITE DESCRIPTION:
A. Site Characteristics: The site is currently improved with a 41,320 square
foot retail co~m~ercial shopping center.
ANALYSIS:
A. General: The applicant is proposing to add the sale of hard liquor to
their business activities at the Ramona Market at 9950-A Foothill
Boulevard. The distilled spirits will be displayed on the wall shelves
adjacent to the cashier. The current business activities are proposed to
change only in that the number of employees on a shift will be increased
from one to two. Please refer to the applicant's letter (Exhibit "A") for
more information about the request.
Be
Background: With adoption of the Foothill Boulevard Specific Plan, liquor
stores became conditionally permitted within the Community Comercial
Development District. The purpose of this designation was to assure that
any businesses selling distilled spirits would not negatively impact the
residential areas in close proximity to Foothill Boulevard or other
sensitive uses. Activities such as loitering, public drunkenness, and an
increase in crime may be associated with the sale of hard alcohol.
Therefore, the Conditional Use Permit acted as a means to control the
number and location of liquor stores along Foothill Boulevard and would
only be allowed if site specific constraints were not evident.
Land Use Compatibility: In analyzing the proposed Conditional Use Permit,
the primary issue to consider in this situation is the compatibility of
the proposal with nearby residential development and other uses.
Currently, retail users occupy adjacent suites within the shopping center
and a service station exists directly west, across Ramona Avenue
ITEM B
PLANNING COMMISSION STAFF REPORT
CUP 94-01 - DEEB
February 9, 1994
Page 2
(see Exhibit "B"). Single family homes exist directly north of the
station and immediately north of the shopping center is a condomini%u~
project. The entrance to the market is oriented away from all residential
development. In addition, drive aisles for service vehicles for the
shopping center, a block wall and a drive aisle on the residential
property separate the market from any residences. Therefore, no residents
of the area should be directly affected by loitering or other issues that
were envisioned with the addition of hard liquor sales.
As noted earlier, the general business function of the convenience market
will not change with this proposal. The sale of hard liquor will only be
an ancillary function of the convenience store, and differs from the
typical liquor store where the sale of liquor is the primary function.
The convenience store is already selling beer and wine. Staff has
verified that no complaints have been received recently regarding the
business activities at this location. Therefore, staff does not
anticipate any negative impacts associated with the sale of spirits for
off-site consumption at this location.
Alcoholic Beverage Control License: The Ramona Market has possessed an
Alcoholic Beverage Control (ABC) license to sell off-sale wine and beer
for a number of years. However, on November 17, 1993, the City Council
denied the application to continue sales of beer and wine at the Ramona
Market in light of r-ports of sales of alcoholic beverage to minors.
Since that time, the store has been under periodic surveillance ~y the
'Police Department. No observances of any alcohol sales to minors was
observed during the observation periods. Given that the market is now
complying with the law and not knowingly selling alcoholic beverages to
minors, staff feels the request to sell beer, wine, and hard liquor for
off-site consumption is acceptable.
Window Signage: The Sign Ordinance currently allows a maximum of
30 percent of any window area within a commercial shopping center to be
covered with temporary window signage. The Ramona Market window signs
exceed this limitation (see Exhibit "E"). In addition, the wood panel
exposed behind the two barriers on the west elevation block visibility
into the store and takes away from the architectural integrity of the
center in its present state. Therefore, conditions of approval requiring
compliance with the window signage provisions in the Sign Ordinance and
removal of the plywood panel are included in the attached Resolution of
Approval. Police studies have determined that lack of visibility into a
convenience store, such as that caused by too many window signs and the
wood paneling noted above, is a contributing factor to robbery.
Fire District: The Rancho Cucamonga Fire Protection District reviewed the
conceptual floor plan and feels that no additional upgrades will be
required to allow the sale of hard liquor as shown on the floor plan.
PLANNING CO~ISSION STAFF REPORT
CUP 94-01 - DEEB
February 9, 1994
Page 3
Police Department: The Rancho Cucamonga Police Department has reviewed
this request and found that no correlation exists between the sale of
distilled spirits and an increase in activities such as loitering or
crime. The activities are typically connected with the sale of more
accessible alcoholic products, such as beer and wine, which are already
sold at this store and is permitted by the Foothill Boulevard Specific
Plan. The Police Department feels the addition of the sales of hard
liquor will not create a significant impact at this location and may be
approved by the Commission.
However, in this specific case the Police Department is concerned that the
excessive window signage and the wood wall panel adjacent to one of the
west windows block views necessary for surveillance purposes. Therefore,
they concur with the conditions in the attached Resolution of Approval
requiring a reduction in the window signage and removal of the wood wall
panel within the time frame established by the conditions.
RECO~ENDATION: Staff recommends approval of Conditional Use Permit 94-01
through adoption of the attached Resolution of Approval with Conditions.
City Planner
BB:SH:mlg
Attachments:
Exhibit "A" - Letter from Applicant
Exhibit "B" - Vicinity Map
Exhibit "C" - Site Plan
Exhibit "D" - Floor Plan
Exhibit "E" - Window Signage Pictures
Exhibit "F" - City Council Minutes dated November 17, 1993
Resolution of Approval with Conditions
January 7, 1994
City of Rancho Cucamonga
Comm~mity Dev~l~ Depaitment
10500 Civic Center Drive
Rancho Cucamonsa, CA. 91730
Arm: Steve Hayes:
The following information is ~ubmitted ~ x~xdmd by the Uniform Application, Part 1.
A. The purpo~ of adding hard liquor permit is to ~ the business m the~ hard
fim~ we all foma~ and ~ for the customers ~lt~ta. This will 8~rate more taxes for
the city, ABC and state. In addition it will help m~ ~ the busms at a more piofitable
B. Hours as follows:
Monday ~ Thursday 9:00 AM to 11:00 PM
Fnday and Saturday 9:00 AM to 12:00 PM
Sunday 9:00 AM to 10:00 PM
C. Woddn8 $hi~
D. I am ~,questin8 this Conditional Use P=,,,,it (CUP) at mi, particular l~tion
~ ~is ~ ~lp ~ a 1~ ~ stay ~ f~ a !~ fi~. I ~w my c~ ~111o~
~ing ~ ~ h~ I ~ ~ able W ~ e~ ~.
Thank you fo~ your time and effort.
Sincerely:
DEED I. DDEP
PLANN1NG~ DIVISION
.... ~,~..,.~: ,~ s~,~: -~-_ ,.~
STATE OF CALIFORNIA
DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL
DEEB I. DE~B
........ c~_9_50R.F__.o_~ t hi 1 1 Blv~ancho C_uc amon f, a
DIAGRAM OF LICENSED PREMISES
_21
lb~ IMmg,-~. below is a true ~md ~t d~e. rtptt. o~ of the e~tr~noes, e~tts, tnterto~ ~alls rand ext~tor bm~rlart~ or
the rr~ises t~ be. 1teer~al, Mtzilr~ dimmsic~a.
Back Door
Store Rest
Storage Room Room
DIAGRAM:
Stora[e~ v.
o ~
/7
Walk in Cooler
Beer, Wine, Soft
Sales floor with
Cash
Drinks
shelving
,~,
u
Rag star
N
It is hereby declmm~d that the above-described totr~a-ies, entrames and plmrmed or.ration (as indt~4 ~ t)~ r~v.~
mlde), wt_ll ~ot be
~ver~ge C~tmol.
Do,e:
Place: A B C, Riverside, CA. DEEB I. DEEB _
DEPARTMENT use e-,Iv. 6 ?
a~7~ (~-~l)
Intpec le,,I on:
Ce,~lilieJ eo,,ee, .
STOREFRONT
SIDE ELEVATION
(Facing Ramona Ave.)
EXHIBIT "E"
City Council Minutes
November 17, 19~3
DI4. Approval to execute a Real Property Improvement Contract and Lien Agreement from Mania R. Clever and
Janice A. Clever, for uNe defen~ consm~tion of sidewalk and street uees and removal of the ex'tsting brick/wrought
iron fence within the s~et right-of-way adjacent to 9029 Caballero Drive, located west of Beryl Suent.
RESOLUTION NO. 93-216
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY
I]ViPROVEMENT CONTRACT AND LIEN AGREEMENT FROM MARTXN R.
CLEVER AND JANICE A. CLEVER AND AUTHORIZING TI~ MAYOR AND
CITY CLERK TO SIGN SAM~ (APN: 1061-331.22)
DIS. Api:roval to execute Improvement Agreement and lm!~ovement / for Parcel Map 11640, located at
the east comer of Terra Vista Parkway East and Moonlain View Drive, submitted by Lewis Development Company.
RESOLUTION NO. 93-217
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING IMPROVEMENT AGI~-~MENT AND
IMPROVEMENT SECURrI'~S FOR PARCEL MAP 11640
DI6. Approval to substitute securities between the current developer, Brock Homes, and the new developer,
J.C.C. Development, for Tract 12332-2, located on the east side of Haven Avenue at Almond Slmet.
$1,381,000.00
690,50O.O0
33,063.00
16,532.00
RESOLUTION NO. 93-218
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, AUTHORIZING A SUBSTITUTION OF
SECURITIES FOR TRACT 12332-2
MOTION: Moved by Buquet, __~eco__nded by Williams to approve the staff recommendations in the staff repom
contained in the Con~t Calendar with the exception of Item D4 and DS. Motion ~t~ed unanimously, 5-0.
DISCUSSION OF ITEM D4. Alcoholic Beverale Application for Off-Sale Beer & Wine
Conditional 7 for Ramona Market, Deeb L Deeb, 9950 W. [roothill Boulevard, Unlls A and B.
Conncilmembsr Buq~t asked that this be ~moved from the agenda so he cotrid state his disapproval of this item and
vote separately on it. He continued to inform the Council of the illegal selling of alcohol to minors at this
establishment and that hc did not think the Council should approve this. Itc added this has been referred m Sgt.
Ke!lne~ of the Police Department for further investination.
Mayer Stout suggested a iet~r be written to the Alcoholic Beverage Conuol Board infm~ning Ihem of this l~oblem.
He stated Ilmt no matter what the Council does toni{ht, it will not stop the Ramona Market from getling their
application ~q~mved. He felt the ARC should be made aware of the im~biem~t at ~hi_, location.
City Council Minutes
November 1'/, 1993
Page 5
MOTION: Moved by Smut, seconded by Alexander to deny the application for Ramona Market, for a !eUer to be
wril~en to the Alcoholic Beverage Conlrol Board expressing the City's concerns about the sale of alcohol to minors,
and for them to seriously reconsider Ibis application. Motion carried unanimously, 5-0.
DISCUSSION OF ITEM DS. Approval to designate the site of the C. N. Ross House, a
recently demolished potential Io~al landmark house, which was located at the southeast corner
of Etiwanda and Highland Avenues, Rancho Cucamonga, as a Point of Historic Interest 93-02 .
APN: 227-051-03,
Valerie Wisot, re!~'~senting the landowner, presented information for a revision to the Resolution and staff report
which was disuibuted to the Council by Brad Bullet.
Jim Frost, Etiwandn Historical Society, stated he did not agree with the proposed amendment.
Councilmember Buquet stated he felt if this was approved, it would he setting a precedent and did not feel the
RESOLUTION NO. 93-209
A RESOLUTION OF THE CITY COUNCIL OF TIlE CITY OF RANCHO
CUCAMONGA, CALIFORNIA, APPROVING POINT OF HISTORIC INTEREST
DESIGNATION 93-02, THEREBY DESIGNATING THE C. N. ROSS HOUSE SITE,
FOR!Vfi~RLY LOCATED AT THE SOUTHEAST CORNF..R OF ETIWANDA AND
HIGHLAND AVENUES, AS A POINT OF HISTORIC INTEREST, AND MAKING
FINDINGS IN SUPPORT THEREOF- APN: 227-051-03
MOTION: Moved by Buquet, seconded by Williams to approve Resolution No. 93.209 ~s submitted by staff
without the proposed amendment. Motion carried 4-1 (Gutierrez no).
Mayor Stout stated it should he understood that this doe~ not ma~d_n_w_. anything else. All it does is say the~ is a
process someone would go through.
E. CONSENT ORDINANCES
No items were submittal.
F. ADVERTISED PUBLIC HEARINGS
Fl. SIGN ORDINANCE AM~ND!V~.NT NO. 93-01 - CITY OF RANCHO CUCAMONGA - Consideration
of an amendment to allow additional monument signs for shopping centers. Staff report presented by D~n Coleanna,
Principal Planner.
Del~a .I. Adams, City clerk, mad the title of Ordinance 516.
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
RANCHO CUCAMONGA, CALIFORNIA, APPROVING CONDITIONAL USE
PERMIT NO. 94-01, A REQUEST TO SELL DISTILLED SPIRITS IN
ADDITION TO BEER AND WINE WITHIN AN EXISTING CONVENIENCE
STORE OF 2,124 SQUARE FEET IN THE COMMUNITY COMMERCIAL
DISTRICT (SUBAREA 3) OF THE FOOTHILL BOULEVARD SPECIFIC
PLAN, LOCATED AT THE NORTHEAST CORNER OF FOOTHILL
BOULEVARD AND RAMONA AVENUE, AND MAKING FINDINGS IN
SUPPORT THEREOF - APN: 1077-621-34.
A. Recitals.
1. Deeb Deeb has filed an application for the issuance of
Conditional Use Permit No. 94-01, as described in the title of this
Resolution. Hereinafter in this Resolution, the subject Conditional Use
Permit request is referred to as "the application."
2. On the 9th day of February 1994, the Planning Commission of the
City of Rancho Cucamonga conducted a duly noticed public hearing on the
application end concluded said hearing on that date.
3. All legal prerequisites prior to the adoption of this Resolution
have occurred.
B. Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the
Planning Commission of the City of Rancho Cucamonga as follows:
1. This Commission hereby specifically finds that all of the facts
set forth in the Recitals, Part A, of this Resolution are true and correct.
2. Based upon substantial evidence presented to this Commission
during the above-referenced public hearing on February 9, 1994, including
written and oral staff reports, together with public testimony, this
Commission hereby specifically finds as follows:
a. The application applies to property located at the northeast
corner of Foothill Boulevard and Ramona Avenue with a street frontage of
approximately 632 feet and lot depth of 278 feet and is presently improved
with a retail commercial center and curb and gutter along Foothill Boulevard
and Ramona Avenue; and
b. The property to the north of the site is an existing
residential condominium project, the property to the south is an existing
mobile home park, the property to the east is an existing restaurant and the
property to the west is an existing automotive service station; and
PLANNING COMMISSION RESOLUTION NO.
CUP 94-01 - DEEB
February 9, 1994
Page 2
c. The applicant is proposing to modify their existing Alcoholic
Beverage Control License to include the sale of distilled spirits in addition
to their existing beer and wine license. The sale of hard liquor requires
approval of a Conditional Use Permit in the Community Commercial District of
the Foothill Boulevard specific Plan; and
d. All other business activities will remain unchanged except an
additional employee will be added to all shifts.
e. The application applies to property which presently has
window signs covering more than 30 percent of the window area, contrary to the
City's Sign Ordinance (RCMC 14.16.010.Q).
3. Based upon the substantial evidence presented to this Commission
during the above-referenced public hearing and upon the specific findings of
facts set forth in paragraphs i and 2 above, this Con~nission hereby finds and
concludes as follows=
a. That the proposed use is in accord with the General Plan, the
objectives of the Development Code, the Foothill Boulevard Specific Plan, and
the purposes of the district in which the site is located.
b. That the proposed use, together with the conditions
applicable thereto, will not be detrimental to the public health, safety, or
welfare or materially injurious to properties or improvements in the vicinity.
c. That the proposed use complies with each of the applicable
provisions of the Development Code and Foothill Boulevard Specific Plan.
4. Pursuant to the State CEQA Guidelines, it has been determined
that the proposed project does not have the potential for causing e
significant effect on the environment. The project has been determined to be
exempt from CEQA pursuant to Section 15061(b)(3). The Planning Commission,
having final approval over this project, has reviewed and considered this
exemption prior to the approval of this project.
5. Based upon the findings and conclusions set forth in paragraphs
1, 2, 3, and 4 above, this Commission hereby approves the application subject
to each and every condition set forth below:
Plannina Division
1)
Approval is granted for the addition of the
ancillary sale of distilled spirits at this
location.
2)
Approval of this request shall not waive
compliance with all sections of the Foothill
Boulevard Specific Plan and all other City
ordinances.
PLANNING COMMISSION RESOLUTION NO.
CUP 94-01 - DEBB
February 9, 1994
Page 3
3)
If operation of the facility causes adverse
effects upon adjacent residential development or
the shopping center or other uses, the
Conditional Use Permit shall be brought before
the Planning Commission for consideration and
possible termination of the use.
4)
The use shall be limited to the current hours of
operation (9 a.m. to 11 p.m. Monday through
Thursday, 9:00 a.m. to midnight Friday and
Saturday, and 9 a.m. to 10 p.m. on Sunday). Any
proposed change to these hours shall require a
modification to this application.
5)
All signs, particularly temporary signs, shall be
brought into conformance with the City of Rancho
Cucamonga Sign Ordinance within 30 days or prior
to commencement of sale of distilled spirits,
whichever comes first.
6)
The wood panel adjacent to the west windows shall
be relocated within the store or removed within
30 days or prior to commencement of sale of
distilled spirits, whichever occurs first.
6. The Secretary to this Commission shall certify to the adoption of
this Resolution.
APPROVED AND ADOPTED THIS 9TH DAY OF FEBRUARY 1994.
PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA
BY:
E. David Barker, Chairman
ATTEST:
Brad Bullet, Secretary
I, Brad Buller, Secretary of the Planning Commission of the City of Rancho
Cucamonga, do hereby certify that the foregoing Resolution was duly and
regularly introduced, passed, and adopted by the Planning Commission of the
City of Rancho Cucamonga, at a regular meeting of the Planning Commission held
on the 9th day of February 1994, by the following vote-to-wit:
AYES:
NOES:
ABSENT:
COMMISSIONERS:
COMMISSIONERS:
COMMISSIONERS:
~CUTIVE SUMMARY
AND LAN~ USE A~ALYSI$
Prepared for the
CITY OF ~HO CUCAMON'AC, A PLANNING DEPARTMENT
Claire Associates
January, 1994
EXECIYFIVE SUMMARY
TRADE AREA AND LAND USE ANALYSIS
L INTRODUCTION
A. PURPOSE AND ~
It is the purpose and the intent of this document to briefly summarize the overall
considerations for changing __,,,~t:ni_ 'n ar~ of the Footh/11 Boulevard Corridor from
other uses to commercial.
Staff of the Rancho Cu~monga Planning Department has requested Claire Associates
to amplify the approach and implications of the general reconsideration of commercial
use and zoning along Foothill Boulevard in the City.
The focus of this document will be to elaborate on a broader scale using a variety of
sources to generate specific baei%~.ound information for the consideration of creation
of a corninertial corridor along Foothill Boulevard between the Project Site at the
Southwest corner of Rochester and Foothill Boulevard easterly to the existing
corninertial land uses shown on the General Plan of L~nd Use along Foothill
Boulevard.
B. CONCLUSIONS
1. Trade Area Potentials: We conclude that:
F. fYeetive Buying Income: The potentials run up over the next 20 year~ to
over 3 Billion per year. The Project Site and proposed general plan amendment
area is surrounded by households with 2 billion dollars of effective buying
income of which over 30% of the retail trade potential and 80% of effective
buying income is being spent outside the City with resultant sales tax losses
and fiscal impact. The potential exists over the next few years, to recapture a
portion of the retail sales "leakage" now being experienced.
Sales Potential: There exists sufficient trade area potential and demand to
~,~.i~ suuoort 100,000 .quare feet of sub-re-ion and re,ion-serving uses that
are not major general merchandise department stores, food or drug stores at
the Project Site and the area easterly along Foothill Boulevard to Dry Creek.
The M~i Commerce Center should benefit from "-qglom~rat-lon" of
corninertial lnnd uses -nd its prox'imitv to the 1-15 Freeway. the future Victoria
Gardens and the emerging corninertial contars at that location. UP, A ha~
estimated that a r~,ionn! shopping center creates demand for additional.
ancillary region-sc~-ving retsi! space which approaches 1.5 to 2.0 times the gross
leasable area of the center itself. This translates into 800,000 -1,200,000 feet
of additional OLA which could be supported in the area by Trade Area build-
out ill 20 years. An important caveat of this factor is that the attn'butse of the
sites must be excellent.
2. PhvliOId ,,n,! !'-~a~on,,1 Art;tiburon:
We sonelude that:
Location: The Project Site and the frontage easterly to Dry Creek is superbly
located at a meier intersection of the main commercial cot~t=ldor of the City of
Rancho Cu_r~monga and its neighbors within one quarter mile of the 1-15
o
Exposure: The site has excellent exposure to the Sports Complex and Stadium
nnd passing traffic on Foothill Boulevard. As the area develops, the exposure
will increase as the traff¢ volumes increase. The site is visible form the
elevated 1-15 Freeway.
Development Epicenter: The Project Site is located in the middle. of the ne~
mnjor waves of commercial and residential development in eastern Rancho
Oucmnonga and Fontan& It is one quarter mfie west of the future Victoria
Oardens Regional Shopping Center.
o Topography and Sob: Site is flat with typical alluvial soils of the area.
Adequate Size: The Site is large enough for a community or region-serving
shopping center with a total of 23.76 net acres available for development. Total
OLA is estimated at 278,900 square feet for all corninertial uses. See Figures
3 and 4. All but 40,000 s~re feet of OLA bns been signed up by the
developers.
The lite oonqntntl I-eluae:
FInaneJn~ The problem of financing commer~inl improvements with
industrial !nnd use/specific plan (zoning) on the site. Perceptions by the
commercial real e~mte development industry and finannA1 representatives: that
the site is industrial and not useful for commercial.
O
Ofliee/ludu~rial ~lut of space: The market for office and induKrlal uses
will take a long time measured in years to absorb existing vaunt office and
industrial space as well develop all of the raw acreage presently planned for
such us~.
Wo conclude that:
The General Plan and the specific pJA_n~ should be amended to bitter plan A-d
provide for the development of general commercial frontage on Foothill
Boulevard in the vicinity and easterly of the Project 8ite. The limiting factors
of the underlying land use and zoning in the specific plan and General Plan
needleesly restrict the su~essful and viable development of the Project site for
commtmity ~nd region-serving uses.
The Sports Complex has materially changed the office/industrial character of
its surroundin~ proposed origina~ for Sub-Area 7 of the Industrial 8poc~c
Pla~ to a more commercial character. This should be recognized and a more
compatible land u~e designation be applied to the surrounding properties.
C. SPECIFIC RECOM~I~,NDATIONS
It is recommended that Foothill Boulevard from the Project Site west of
l~ochestor Avenue za~tward to Dry Creek be re-designated in the variou~ plans
and elemonte of the General Plan and the supporting specific plans as General
Commercial land u~e with supporting zoning.
It is recommended that the General and Specific Plan uses be changed as
shown on Figure 1 as General Commercial (GC) from their ~xisting
designations to assist in the implementation of Recommendation 1.
It is recommended that one of three options outlined in the text be selected to
chsn~e the land use~ to ~_,~y out the changes outlined in Recommendation No.
1.
.~,mend the Subarea Land U~e provisions of the Industrial Specific Plan
to change the land uses to match the General Plan changes (to General
Co~ercia]) requested by the applicant; or
Carve from e:d~n~ Subarea 7, a new Subarea (7-A) with a changed list
of land use~ permitted in the General Commercial (GC) listing~ without
affecting the development standards currently in effect. This new
Subarea could be linlited to property ~butting the Foothill Boulevard
Corridor and currently undeveloped from the Project Site easterly to Dry
Creek; or
Remove the abuttin~ properties from the appropriate spedtic p!sn and
create (:hneral Commercial uses areas with consistent zoning and
6
deve/opment standards reverting to the Rancho Cu~monga Development
Coda, as amended.
D. ARGUMENTS AND DATA SUPPORT~G ~ REQUEST
The info~-aation representact above/nd/cates that the present Project Site is in a
location that exh/bits the necessary attributes to be viable as region-serving
commercial development, that the trs&e area is large, well defined and expected to
grow substent/ally to support ma~ times the commercial acreage of this request. The
Site has l~c~n m/scast as office-industrial site and is furthee impacted by the location
of the incompatible use (the Sports Complex is not a compatible use for industrial)
wh/ch chang~ the basic use characteristics of the area from industrial to commerd~1
land use.
L The Urban Re.arch ,q~ociatef Study
A key document contributing to the land use analysis of corninertial land in the City
is the report prepared by URA for the City in 1991. It analyzed land uses in the
Foothill Corridor and concluded that the corr/dor should become "the pr/ma~
commercial corridor for the City". Tiffs document presents a number of different land
use reasons for committing the Foothfil frontage and the Project Site to commerc/al.
The study observed the following:
Co,~el,,~ton: There is just barely enough commercial land designated for
commercial uses in the City. The total is of 475-570 acres (in 1991), 610-850
acres by 1996, and 660.1050 acres by the year 2001. The study concludes at
buildout that the City will have 33% less commercial land than Fontana and
59% im than Ontario.
Comm_entary:. ~ has unknown but perhaps serious loss of sales tax
revenues to the City over an extended period of time. It is also of critical
importance to have enough well-located land/n parcels large enough to be
effectively developed into viable cornmartial centers.
~ URA found that the cornmartial land use al]ocat/on in the City of
Rancho Cu~monga measures only about half of the total land us~ as a
percentage of the total city as do the comrn~rc~ land use cat~t~u'ies of its
nearby neighboring communities including Ontario Rialto and Upland.
Commentary:. Trends in COremerdA! land use today ind/cate that the larger
sites and facilities are tming more ~__~ge and the ranges expres~d years ago
in the var/ous plans may not reflect current commercial s/zing needs. The
eo
allocation of oommerc/al land uses in the various plans, and the Industrial
Spedfie Plan in particular, wa~ based upon the premise that the office-
industrial was the first choice, but faiLin& that a number of commerc/al uses
were permitted by conditional or special approvals. This, in essence be~s the
question of whether the land use should be chanl~l. In particular, on the
Project Site, a number of conditional uses have been approved for convenience
commercial and commerdal service uses including restaurants, fast food, auto-
related selwice and repair, fsmily entertainment etc..
Co~ol-aion~ LIRA concluded that a nutrket-senaitive acrea&e allocation to
commercial land use would be one quarter or 25% higher than the existing
a~eafe allocation. URA estimated would be approximately 1,280 -1,380 acres
of retail, commercial and office acres could be absorbed by the year 2001 which
9 years before the potential commercial buildout in support of the trade area
buildout.
Commentary: It is unclear from the text whether this market-sensitive
acreqe refers to the future year of 2001 as bein~ sufficient or indi~_.$es that a
current (1991) estimate of market-sensitive acreage could be supported.
Assumin~ the former, the difference between 1,050 acres and 1,380 acres is 320
acres which could be added to the commercial land use inventory of the City
without affectins the viability of the rema/ning commercial land uses or
creatin~ nellstirs land use/specks. Nonetheless, the URA P, eport reco~ni~.es
that the current acreage allocations are minimal.
Findlxt~ The next waves of urbanization will be concentrated east of Milliken
Avenue in the area of the Masi Commerce Center and its surroundings.
Commentary: This development has already occurred around the Foothill
Boulevard 1-15 interchange. The land in all qufidrsnts of this intercbsnge is
designated for commerdal use. The Project Site and Foothill Boulevard
frontage to the east of the Project Site which is adjacent to and located within
a thousand feet o~ this interchange also are prime commercial sites which could
be added to the inventory without reducing dama&e to the trade area or
competition. These site have all of the necessary attributes of successful
cornmartial sites with the exception of the appropriate land use and zonin~
entitlements.
,t, npl~tll~ The study contemplates that the 1990'8 will be used for commerdal
infill to support the spurts of residential growth which took place in the mid
to late 1980's.
Commentary:. This growth is b~nni.g to OCCUl* westward from the 1-15 along
Foothfi! Boulevard toward the Project Site.
IPl,~dl,,m ~ descn'bes their research qu&n~ the "agglomeration effect"
of the Victoria Oardens Regional Center. Their study concludes that a
substantial market for should be creaied by this effect to support up to 200
acres of additional commercial land use in the vicinity of the regional center.
Comment~ Much of this "agglomerated~ land use will be used for region-
serving specialty retatJ uses of the type proposed for the M,-~ Commerce
Center. Parenthetically, this acreage could be larger because of the trend
toward larger floor area known s~ 'big box" retailing. These "power"centers
together with auto dealers have grown in scale and land demanded to gain
economies of ~,'-le and merchandise offerings.
Coneluflofi: The study concludes that the short term convenience needs of the
eastern portion of Rancho Cucamonga go unserved.
Commentsrye, This had been partially 8ariafled by the Walmart and the
Foothill Place Center. Notwithstanding the addition of this commereis!_, the
Mosi Commerce Center has been able to sign up a number of restaitrant, fast
food and convenience tenants for their center because of its lo~tional
attributes.
Co~I~I,,~ou~ The study also concludes that the eastern Rancho Cucamonga
area will build out with middle and upper income households which will create
strong, 'close-in~ economic support for commercial uses which are not now
present.
Commentary:. It is this growth which assures both the ne~cl for the
commercial land use requested and its support in future years.
The Industri'-! $DqCific Pl-p
In addition to the URA study in 1991, there have been some changes to the Specific
Plans, particularly the Industrial Specific Plan which change the nature of the land
use compatibility in the vicinity of the Project Site.
The addition of the Civic Sports Complex to the previously designated office-
industrial area changes the land use mix which is compatible with the sports
complex from office-industrial to commercial and commercial service uses.
The arbitrary and convenient dividing line (Foothill Boulevard) between two
Specific Plan areas which also split tho frontage into two or more different land
uses into different categories. When the specific plans were adopted in the early
1980'8, there was no demand for any commercial because the entire area was
undeveloped. Therefore, it wes possible to place l~nd uses on properS/es without
re~rd to market parameters or commercial locatiohal factors.
Trade Area and Land Use An-tvsb- Clsai~e Associates
The analysis in the report, Tradq Area And !~nd Uss Analysis, by Claire Associates,
dated January 1994 is focused on a specific site at the southwest corner of Foothill
Boulevard and Rochester Avenue. The report concludes that the area between the
Freeway and the project site fronting on Foothill Boulevard should be changed to
commercial from the e0dstil~ Industrial/office use. The report also concluded that
there is sufficient effective buying income to support the amount of commercial
requested on the site as well a broader scale. This report reaches ~/milar conclusions
and recommendations to those of the URA and RDRI studies.
Mark®t SUpport for New Retail Space and Commercisfity ~'~ned
~creq~o~ Rancho Cuc'mo~p Ce~tforni.- Realty Development
Refear~h, Inc. November 1008.
This study was commissioned by Lewis Homes and was a site specific analysis of two
sites for commercial uses. It included a trade area analysis and competing centers
analysis drawing on existing data as well as pHmRty research conducted for the study.
One of the sites which is the focus of the study is directly across Foothill Boulevard
from the Project Site. The Study made the following pertinent conclusions:
Estimate: Trade Area buying income was estimated to range from $1.8 billion
in 1993 to $ 3.1 billion by 2010.
Cornmental*y: This is very close to the estimates presented in the Trade Area
and Land Use Analysis by Claire Associates.
Conclufton: "For commercial acreage within the primary zone, the analysis
indicates a total of 801 supportable acres in 1993, increasing to 859 is 1995,
1,010 in 2000, 1,200 acres in 2005 And 1,400 acres in 2010/They sn~;icipate
that a secondsty trade area could support the addition to the land inventory in
Rancho Cucamonga of up to an additional 80 acres in 1993, 88 more additional
acres by 199~, 104 more new acres by 2000, 113 more new acres by 2005, 134
more new acree by 2010.
Commentary~. The progression of demand for 8~'eage is very aimilar to the
market-ssnsitive project by I. IRA in their 1991 Report. The CA Report did not
address the total comemrcial land use allocations for the City.
10
Conelusio~ "Ore' analysis indicates that considerable retail demand will also
rentsin available to other key commercial devdopments in the immediate
vicinity. It is felt that the area's understoring in the areas targeted for these
sites as excellent locatiohal positioning vif~a-vis the more developed portions
of 1Z*anChO ~'~aoAmonga alld Interstate 15 are especially good arguments for
rezoni]3g.s
Commentary: The findh~ and analysis closely l:)aral]el the other studies.
11
GENERAL PLAN AMENDMENT 93-02B
ALTERNATIVE LAND USE
MASI PLAZA
· Create a new General Plan land use category as follows:
Recreational Commerdal. Development of recreation facilities and retail
uses shall be encouraged along Foothill Boulevard surrounding the Rancho
Cucamonga Adult Sports Park near the intersection of Rochester Avenue. The
baseball stadium and year-round sports activities in the Sports Park create a unique
opportunity to provide secondary region-serving specialty retail uses that are not
major general merchandise department stores, food or drug stores. They generally
use approximately 3,.500 - 55,000 square feet of gross leasable area and require sites
with high visibility and high traffic counts. These centers typically have convenient
freeway access and draw their customers from within a $ to 10 mile radius. Uses in
this category are regional in nature and not no~a~ally found in neighborhood
corninertial centers. These types of occupancies could include discount retailers,
such as sporting goods, apparel, electronics, furniture, and appliances.
· Amend ISP Subarea 7 regulations as follows:
SUBAREA 7
Primary Function: Subarea 7 occupies an area directly south of Foothill
Boulevard which represents an important land use edge between the City's
Industrial Area and a large master planned community to the north. Foothill
Boulevard is the City's primary commercial corridor and serves as a gateway to the
City. Along Foothill Boulevard, the intersections at Haven, Milliken and Rochester
Avenues have been designated as activity centers to promote concentrated activity
and establish a unique design theme. A major industrial and office development on
approximately 300 acres is currently undergoing phased construction between
Haven and Milliken Avenues. Within this area is the Rancho Cucamonga Civic
Center and San Bernardino County Courthouse.
Add the following paragraph:
Special Consideration: At the southwest corner of Foothill Boulevard and
Rochester Avenue, adjoining the Rancho Cucamonga Adult Sports Park and
Rancho Cucamonga Stadium, the Development Code land use provisions for the
General Commercial District shall also apply to the planned 27 acre mixed-use
center, except that department stores, food or drug stores shall not be allowed. These
uses shall be in addition to those uses allowed by the Industrial Park (Subarea 7).
The amount of general commercial shall not exceed 35% of the total gross leaseable
area for the project.
Modify definition of Automotive Service Court as follows:
Automotive Service Court: An integrated duster of related automotive
service activities, which typically include: gas stations; service stations, with or
without ancillary uses such as car washes and food marts; general automotive
service and repair including mufflers, shocks, alignments, brakes, oil changes,
lubrications, tune-ups, smog checks, and tire repair and replacement, and
transmissions; installation of air conditioning, car phones, stereos, windshields, and
upholstery; windshield tinting; sale of auto parts; and other related services.
(Note: No changes to design guidelines.)
DATE:
TO:
FROM:
BY:
SUBJECT:
CITY OF RANCHO CUCAMONGA
STAFF REPORT
February 9, 1994
Chairman and Members of the Planning Commission
Brad Buller, City Planner
Beverly Luttrell, Associate Planner
ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT 93-02B -
MASI - A request to amend the land use designation from
Industrial Park to General Comercial for 15 acres of land
extending along Foothill Boulevard to a parallel line
approximately 520 feet south, within the Masi Plaza
development, located at the southwest corner of Foothill
Boulevard and Rochester Avenue - APN: 229-011-10, 19, 21,
and 26 through 28. Related File: Conditional Use Permit
91-24.
PROJECT AND SITE DESCRIPTION:
A. Action Requested by Applicant: Approval of a General Plan Amendment
and issuance of a Negative Declaration.
Surrounding Land Use and Zoning:
North - Vacant; Terra Vista Planned Community; MOC (Mixed, Office,
Commercial, Residential).
South - Sports Complex; Subarea 7 (Industrial Park), Industrial
Area
Specific Plan.
East - Aggazzotti Winery; Subarea 8 (Industrial Park), Industrial
Area Specific Plan.
West - Vacant; Subarea 7 (Industrial Park), Industrial Area
Specific Plan.
General Plan Designations:
Project Site - Industrial Park
North - Medium Residential (8-14 dwelling units per acre)
South - Industrial Park
East - Industrial Park
West - Industrial Park
Site Characteristics: The primarily vacant site is approximately 27
acres in size and is the site of an approved project including 32
multi-tenant industrial and restaurant buildings (Conditional Use
Permit 91-24). The applicant is currently in the process of
revising the approved site plan and seeking approval for several
commercial and recreation non-construction Conditional Use Permits.
ITEM C
PLANNING COMMISSION STAFF REPORT
GPA 93-02B - MASI
February 9, 1994
Page 2
LAND USE ANALYSIS:
A. Background:
Industrial Area Specific Plan:
Subarea 7 of the Industrial Area Specific Plan stretches along
the south side of Foothill Boulevard from Day Creek to Deer
Creek, a distance of approximately two miles. Although it is
designated "Industrial Park" in the Industrial Area Specific
Plan, land use activities currently permitted include not only
traditional light manufacturing, but also a full range of
office, administrative, business support, and other business
and personal related services, including convenience retail,
entertainment, and automotive services. A list of permitted
and conditionally permitted uses can be found in Exhibit "C."
This very broad mix of uses is intentional. It was devised to
provide a viable transition between the industrial and
employment areas to the south and the residential/retail
developments to the north. It ~1~o recognizes that Foothill
Boulevard, as the major east-west artery connecting to the I-~5
Freeway, will eventually attract high volume services needed in
the community but not appropriately located within either the
industrial area t~ the south or the residential/retail areas to
the north.
At the same time, the current regulations stop short of
allowing a full range of unrestricted retail activities in
Subarea 7. The City's current land use plan for Foothill
Boulevard recognizes that the community must balance the amount
and location of retail/commercial establishments along the
entire 6-1/2 mile corridor so as not to create a negative
impact on existing retail centers in the older part of the
community or already planned commercial centers elsewhere.
The intention is to strike a balance. Ideally, an ample amount
of commercial zoning should be available to accommodate needed
retail services within the community without creating such an
overabundance of commercially zoned land that it cannot be
developed to its potential, resulting in marginal or temporary
land uses.
2. Previous Applications:
The Planning Commission reviewed a reql, est to expand the list
of permitted and conditionally permitted uses in Subarea 7 of
the Industrial Area Specific Plan (~PA 92-02) in March 1992.
The list of uses originally requested included a broad range of
retail/co~ercial uses. Through the Planning Commission review
PLANNING COMMISSION STAFF REPORT
GPA 93-02B - MASI
February 9, 1994
Page 3
process, the request for such a broad array of additional
retail uses was denie'd. At the time of the previous request,
it was the Planning Commission's belief that the community
could not support the broad range of additional
retail/commercial establishments on this property without a
negative impact on the existing retail centers in the older
part of the community or already planned commercial centers
elsewhere. The Amendment in its final form as approved by City
Council on June 3, 1992, only included the addition of
"Specialty Building Supplies and Home Improvement" and
"Automotive Service Court" as conditionally permitted uses.
3. Proposed Land Uses:
The applicant has requested a change in the land use
designation from Industrial Park to General Commercial. The
General Plan states that the General Commercial category "is
categorized by a broader range of use activities" than any of
the commercial designations. This category includes local
commercial, community shopping/office complexes, and commercial
uses surrounding the regional center. The General Plan intends
that future commercial activities be organized into planned,
group concentrations as opposed to being organized in a linear
fashion.
As an alternative to this the applicant has presented an option
which proposes a "special retail allowance" for their site and
other "eligible" sites which meet a set of locatiohal and size
criteria (noted in Exhibit "B"). The proposed uses include
sports related retail which is to include uses such as hobby
supplies; arts and crafts supplies; video/cd rentals and sales,
sporting goods, sports wear and accessories, western wear, and
antique and art sales. The applicant contemplates a 40,000
square foot cap on these uses.
Additionally, "specialty retail" is proposed as part of this
alternative which would include such uses as housewares,
appliances, electronics, home furnishings and accessories, auto
parts and accessories, sewing supplies, health and beauty
supplies, card and gift stores, plants and garden supplies;
apparel, footware and related items; variety stores and other
related specialty retail items. The applicant proposes a
25,000 square foot cap on these uses.
The applicant also proposes that a "retail allowance" be
assigned which would be equal to 35 percent of the total
planned square footage for the project or 85,000 square feet.
Also, the applicant proposes that these uses only be permitted
in certain building locations.
PLANNING COMMISSION STAFF REPORT
GPA 93-02B - MASI
February 9, 1994
Page 4
However, both of these alternatives are similar to the request
that the Planning Commission denied on April 8, 1992 (ISPA 92-
02). If the Commission considers this option as a valid
proposal, then serious consideration should be given to
redesignating the southeast corner of Rochester Avenue and
Foothill Boulevard. This property has a similar setting to the
site being considered and is in closer proximity to existing
commercially zoned property and the 1-15 Freeway Corridor.
Land Use Issues: Notwithstanding the concerns noted above which
were voiced by the Planning Commission on the previous application,
there are several factors which lend support to the concept of
additional co~ercial uses on the site.
Sports Complex:
The construction and completion of the Sports Complex in early
1993 has created a synergy and a niche for sports oriented
commercial which was not anticipated by the City's General Plan
or Industrial Area Specific Plan. Additionally, the location
of the stadium physically separates the project site from the
industrially zoned area to the south.
2. Proximity to 1-15 Freeway:
The project site is situated 1/4 mile west of the 1-15 Freeway
corridor which makes it attractive for region serving
commercial development.
3. Activity Center:
The corner of Rochester Avenue and Foothill Boulevard has been
designated an Activity Center by the Foothill Boulevard
Specific Plan as well as the Industrial Area Specific Plan. As
such, this intersection must comply with specific design
standards which generally provide for a more formalized and
urban appearance. Such aspects as site design, reduced
setbacks, hardscape, pedestrian orientation, landscape,
lighting, and architectural concept must be considered. These
types of special design considerations set apart Activity
Center intersections from other intersections along Foothill
Boulevard and therefore, could make the area more suitable for
co~nercial development.
PLANNING CO~4ISSION STAFF REPORT
GPA 93-02B - MASI
February 9, 1994
Page 5
C. Economic Issues:
Market Analysis:
In order to evaluate the need and viability of designating the
site as General Co~nercial, staff requested an economic
analysis and market study. The applicant submitted the
attached "Trade Area and Land Use Analysis" report. The study
was conducted by Claire and Associates and examines the
viability of designating the project site as General
Com~nercial. The study examines the existing and future trade
area demographic characteristics available to support
commercial and analyzes the attributes and constraints of the
site. The study recommends that the General Plan be amended to
designate the site as General Con~ercial.
In reviewing the report, staff has identified the following
deficiencies with the study:
The need for additionally zoned commercial land within the
con, unity is not clearly demonstrated.
The study does not address how additional commercial land
is necessary within the context of the Industrial Area
Specific Plan, the community and the region. It is not
clear from the study why more co~nercial land is needed
beyond what is already planned for in the City.
b. The study is site specific only.
The study is site specific and does not address the City
wide impact of the proposed land use change to add more
co~nercial land. Previous studies have indicated that we
have an abundance of commercially zoned properties.
c. The study does not take into consideration already
designated commercially zoned property.
The study acknowledges the demand (i.e., "agglomeration")
for secondary region-serving retail and commercial service
in the vicinity of the planned Victoria Gardens Regional
Shopping Center. However, the study should indicate that
there is already approximately 300 acres of comercial
property designated along Foothill Boulevard and around
the Victoria Gardens project that can fulfill this
demand. The study should analyze whether the existing
designations are adequate to meet the retail needs of the
trade area.
PLANNING COMMISSION STAFF R~PORT
GPA 93-02B - MASI
February 9, 1994
Page 6
de
fe
Effective buying income of the trade area is not analyzed
in relation to existing and planned commercial properties.
The study projects an effective buying income within the
trade area of over $3 billion in the year 2010, and total
retail store sales of $614,002,383. In order to give
meaning to these figures, the study should analyze the
amount of existing and planned commercial land and their
projected total retail sales. In other words, will
existing and planned commercial properties meet or exceed
the buying power of the trade area?
The study does not acknowledge the recent completion of
several commercial centers.
The study references sales "leakage" in the trade area,
and particularly Rancho Cucamonga. It should note the
recent reversal of this trend with the completion of
several commercial centers, particularly secondary region-
serving centers, such as the Terra Vista Town Center
(Target, Mervyn's, Ross, Montgomery Wards, Service
Merchandise) and Foothill Marketplace (Price Club, Wal-
Mart). This has resulted in an increase in sales tax
revenue for the City of Rancho Cucamonga, whereas most of
the other cities in the region have seen declining or
stagnant sales tax revenues. Whereas the region posted a
2.6 percent loss in the second quarter of 1993, the City
of Rancho Cucamonga saw an increase of 11.3 percent in
taxable sales (see Exhibit "D").
The study does not consider pending General Plan Amendment
requests.
Three such requests are currently being processed through
the City: 25 acres at the northeast corner of Spruce
Avenue and Foothill Boulevard, 12 acres at the southeast
corner of the 1-15 Freeway and Base Line Road, and the
General Dynamics site which could potentially add 200
acres of mixed-use comercial land to the City. The
cumulative impact of all these requests is significant.
The study does not justify the scope of retail uses
requested.
The study states that the trade area could "easily support
100,000 square feet of sub-region and region-serving uses
that are not nuajor general merchandise department stores,
food or drug stores." The study further defines these
uses as "secondary region-serving specialty retail
uses...approxim~tely 10,000 - 40,000 square feet," such as
PLANNING CO~4ISSION STAFF REPORT
GPA 93-02E - MASI
February 9, 1994
Page 7
discount retailers. However, the applicant's request
includes local-serving retail uses (see Exhibit "B") which
typically are found in neighborhood shopping centers.
Consideration of Alternative Designations: To provide the
Commission with alternatives to the existing and proposed
designations, staff has included an analysis of categories similar
in character to those under discussion. Office and residential uses
were not considered viable land use alternatives. Staff examined
the following land use alternatives:
Limited Sports or Recreation Related Commercial: Although no
such land use category exists in the General Plan, a
specialized commercial definition could be developed and added
to the Industrial Area Specific Plan, Subarea 7 as a
conditionally permitted use. This co,--ercial usage would take
into account the presence of the Sports Complex and would thus
acknowledge the unanticipated market this facility has
created. Potential uses would include sporting good stores,
sportswear and accessory stores, sports collectables and
trophies, and sports equipment rental, repair, and sales.
The Limited Sports/Recreation Commercial designation would
allow for a specific type of retail that would be directly
related to the S~orts Complex. Staff could support thi~ option
which could be processed as an Industrial Area Specific Plan
Amendment to expand the list of conditionally perm. itted uses
within Subarea 7. However, the applicant does not support this
option because of its limitation on the type of retail allowed.
General Commercial with a cap of 40,000 Square Feet: This
category would be identical to the General Commercial
designation requested by the applicant except that a cap of
40,000 square feet would be added to any individual user. This
square foot limitation would ostensibly eliminate larger retail
users such a K-Mart, Home Depot, Circuit City, etc., which
could locate elsewhere in General Commercial areas. Even with
this limitation, it would be adding additional General
Commercial uses to the Foothill Boulevard corridor without the
justification to support it.
Conmnunity Commercial: The General Plan defines this category
as in=ended to provide residents with a greater range of
services and merchandise than found at the neighborhood
commercial level. Businesses located within Community
Commercial designations tend to provide general merchandise.
The amount of gross leasable area ranges from 100,000 to
300,000 square feet. These centers have a trade area with a 3
to 5 mile radius and are between 15 to 50 acres in size.
Centers within Community Commercial areas often include the
PLANNING CO~4ISSION STAFF REPORT
GPA 93-02B - MASI
February 9, 1994
Page 8
same range of retail and service uses found in r=gion~l centers
and typically accommodate a junior department store or a
variety store. Examples include: Foothill Marketplace (Price
Club, Wal-Mart) and the ~erra Vista Town Center. Staff cannot
support this request because of the extent of commercial uses
which could be added to the site and the lack of justification
for additional Community Commercial uses on Foothill Boulevard.
Industrial Park (Subarea 7): The existing designation has no
inherent problems in staff's opinion and would still be an
appropriate land use. Adjacent property to the west is
designated for Industrial Park, as is land on the east side of
Rochester Avenue. This arrangement of industrially designated
land in Subarea 7 could allow for a viable development in the
future. Staff could support the existing designation on the
site since Subarea 7 allows a full range of office, business
support services, business supply retail, convenience retail,
recreation, entertainment, and certain automotive services.
CONCLUSION:
Upon review of possible land use designations, staff has determined
a reco~ended course of action which the Planning Commission could
take:
1. Limited Sports/Recreation Co~m%ercial: If the Commission
believes that Limited Sports/Recreation Commercial uses are
most appropriate, then staff should be dir=¢ted to prepare a
Resolution of Approval to the City Council for an Industrial
Area Specific Plan Amendment. This use would be added as a
conditionally permitted use to Subarea 7; Industrial Park of
the Industrial Area Specific Plan. It is staff's opinion that
the following facts for findings can be made:
ae
The subject property is suitable for the uses permitted in
the proposed Industrial Area Specific Plan Amendment and
is compatible with existing and surrounding land use
designations as evidenced by the site's being bordered on
the south by the Sports Complex which has created a unique
opportunity for recreation-related commercial.
The proposed amendment will not have significant impacts
on the environment nor on the surrounding properties as
evidenced by the findings and conclusions listed in
Parts I & II of the Initial Environmental Assessment of
this application.
Ce
The proposed amendment does not exhibit any conflicts with
the provisions of the General Plan and the Industrial Area
Specific Plan.
PLANNING COMMISSION STAFF REPORT
GPA 93-02B - MASI
February 9, 1994
Page 9
ENVIRONmeNTAL ASSESSMENT: Staff has reviewed Part I of the Initial
Study and completed Part II and has found no significant adverse
environmental impacts that will occur as a result of the proposed
General Plan Amendment.
CORRESPONDENCE: This item has been advertised as a public hearing in
the Inland Valley Daily Bulletin newspaper, the property has been
posted, and notices were sent to all property owners within 300 feet of
the project site.
RECOmmENDATION: Staff recommends that the Planning Commission reco~end
denial of General Plan Amendment 93-02B and direct staff to initiate an
Industrial Area Specific Plan Amendment as discussed above.
City Planner
BB:BL:mlg
Attachments:
Plan
Exhibit "A" - General Plan and Industrial Area Specific
Amendment Location Map
Exhibit "B" - Applicant's Justification Statement
Exhibit "C" - List of Uses - Subarea 7
Exhibit "D" - Retail Sales Figures
Trade Area and Land Use Analysis Study and Addendum
(Under Separate Cover to Comissioners)
Resolution of Denial
To:
From:
Dan Coleman, Beverly Luttrell
Planning Division, City of Rancho Cucamonga
Jack Masi, Michael Scandiffio
Masi Commerce Center Partners
Date:
Re:
November 22, 1993
Masi Plaza - General Plan Amendments
Dear Mr. Coleman and Ms. Luttrell:
We request that our application, dated November 9, 1993, requesting
an amendment to the Industrial Specific Plan be converted into an
application for the following General Plan Amendments:
1) Rezone to "General Commercial" Parcels 1, 2 and 3 of
Parcel Map 4485, per plat recorded in Book 40, at Pages
65 and 66, of Parcel Maps, and Lot 17 of the Map of
Rochester, per plat recorded in Book 9, at Page 20, of
Maps, Official Records of San Bernardino County,
california. . -- --, j--,
2) &~mend the ~eneral. Plan ~o as to allow in Subare9 7 of the
/Industrial Specific Plan veterinary clinics with
ancillary pet supply sales and pet grooming facilities
with ancillary pet supply sales.
~Amend the General Plan so as to allow in Subarea 7 of the
--Industrial Specific Plan a "retail allowance" for mixed-
use projects that have recreation and/or entertainment
components, restaurants and other service oriented
commercial uses and meet other specific criteria. Our
proposal for a special "retail allowance" category to
Subarea 7 of the Industrial Specific Plan is attached.
~T~end the General Plan to allow in Subarea 7 of the
Industrial Specific ~Is the following additional
activities under the "Automotive Service Court"
definition:
- transmission service and replacement
- general automobile repair
- car rentals
If you have any questions or need further information, please call
Michael Scandiffio at (818) 846-2070.
Sincerely,
Masi Commerce Center Partners - Amendments to the General Plan
November 22, 1993
Page 2
PLAN AHENDHENTS
PROPOHED AMENDMENTS TO 8UBARF~ 7 OF THE XNDUSTRXAL SPECXFTC
2)
Specialty Retail:
Specialty retail stores specializing in the sale of one
or more of the following: housewares, appliances,
electronics, home furnishings & accessories, plants &
garden supplies, auto parts & accessories, keys & locks,
sewing supplies, health & beauty supplies, apparel,
footwear & related accessories, cards & gifts, variety
stores and other related specialty retail items. Maximum
size of any single user limited to 25,000 square feet.
Establishing Amount and Location of Permitted Retail
1) Amount Permitted:
The total amount of the "retail allowance" that can be
granted from the above permissible retail use categories
shall not exceed the lesser of either a) an amount equal
to 35% of the total planned square footage for the
project or b) 85,000 square feet.
2) Permissible Locations:
Permissible retail uses will be allowed only in specified
building locations. Designated retail building
locations must be compatible with adjacent non-retail
uses. However, up to 15% of allowable retail uses may
be permitted in non-designated locations if such
locations are compatible with adjacent uses (as
determined by the City Planner).
ApPlication and Proiect DesiGnation for "Special Retail Allowance"
1) Application:
The "special retail allowance" shall be granted only as part
of an application for a Conditional Use Permit, or amended
Conditional Use Permit, for a master planned development.
2) Project Designation:
As part of the Conditional Use Permit, the Planning Commission
may grant an eligible Project a "retail allowance" for the
above permitted retail use categories, specifying the total
amount of such allowance that is permissible and the building
locations where at least 85% of this retail allowance must
occur.
Masi Commerce Center Partners - Amendments to the General Plan
November 22, 1993
GENERAL PLAN~MENDMENTS
PROPOSED AMENDMENTS TO SUBAREA 7 OF THE INDUSTRIAL SPECIFIC PLAN
"Special Retail Allowance for Mixed-Use Projects with Recreation
and/or Entertainment Components, Restaurants and Other Service
Oriented Commercial Uses."
Criteria
The project must meet the following criteria:
1) Must be at least 20 acres in size;
2)
Must be located along Foothill Boulevard and have a
frontage of at least 1,000 feet;
3)
Must be located at the intersection of Foothill Boulevard
and a major arterial;
4) Must contain a designated "activity center";
5)
Must be in reasonable proximity to City-owned
recreational facilities or parks and have natural links
to such facilities;
6)
Must have a significant level of building area
designated for recreation and/or entertainment uses,
restaurants and other service oriented commercial uses;
7)
Must not be part of a larger master planned project that
is predominantly office, professional or industrial in
character; and,
7)
Must have on-site pedestrian amenities, such as plazas
and landscaped walkways, and have an overall design
conducive to pedestrian use.
Permitted Retail Use Categories
The following retail use categories may be permitted for eligible
projects:
1) Recreation & Entertainment Related Retail:
This category includes the sale of sporting goods,
sportswear & accessories, western wear, hobby supplies,
arts, crafts, photo & music supplies & services, coins
& stamps, toys, pets & pet supplies, art & antiques,
sports collectibles & trophies, books & magazines and
video/record/tape/CD rentals & sales. Maximum size of
any single user limited to approx. 40,000 square feet.
Land Use Designation
Primary Functt on
Permitted Uses
Condi riohal Uses
SUBAREA 7
Industrial Park
Subarea 7 occupies an area directly south of Foothill
Boulevard which represents an important land use edge
between the City's Industrial Area and co~unity
oriented non-industrial area and is a gateway to the
City. A major industrial, office, and commercial
development on approximately 300 acres is currently
undergoing phased construction. Within this area is a
planned Civic Center which will include San Bernardino
County and City offices.
Custom l~anufacturing
Light Manufacturing
Administrative and Office
Professi ohal/Oesign Services
Research Services
Light Wholesale, Storage, Oistrtbutton
Bull dt ng Maintenance Services
Business Supply Retail Sales and Services
Business Support Services
Camuni cati on Services
Eating and Orinking Establishments
Financial, Insurance and Real Estate Services
Hotel/#ore1
Admi ni strati ve Ct vi c Services
F1 ood Control/Utt It ty Corri
Automotive Rental/Leasing
Automort ve Sal es
Automort ve Servtce Start on
Convenience Sales and Servtces
Entertat nment
Fast Food Sales
Food and Beverage Sales
Medical/Health Care Services
Personal Services
Recreatt on Fact1 ttt es
Cul tufa1
Pub1 tc Assembly
Publtc Safety and Utiltty Services
Re1 tgtous Assembly
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
~ANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING DENIAL OF TRE
GENERAL PLAN AMENDMENT 93-02B, REQUESTING TO AMEND THE
GENERAL PLAN LAND USE MAP FROM INDUSTRIAL PARK TO GENERAL
COMMERCIAL FOR 15 ACRES OF LAND EXTENDING ALONG FOOTHILL
BOULEVARD TO A PARALLEL LINE APPROXIMATELY 520 FEET
SOUTH, WITHIN THE MASI PLAZA DEVELOPMENT, LOCATED AT THE
SOUTHWEST CORNER OF FOOTHILL BOULEVARD AND ROCHESTER
AVENUE, RANCHO CUCAMONGA, CALIFORNIA, AND MAKING FINDINGS
IN SUPPORT THEREOF - APN= 229-011-10, 19, 20, 21, and 26
through 28
A. Recitals.
(i) Masi Partners has filed an application for General Plan
Amendment No. 93-02B as described in the title of this Resolution.
Hereinafter in this Resolution, the subject General Plan Amendment is referred
to as "the application."
(ii) On February 9, 1994, the Planning Commission of the City of
Rancho Cucamonga conducted a duly noticed public hearing on the application.
(iii) All legal prerequisites prior to the adoption of this Resolution
have occurred.
B. Resolution.
NOW, THEREFORE, it is hereby found, determined, and resolved by the
Planning Commission of the City of Rancho Cucamonga as follows:
1. This Commission hereby specifically finds that all of the facts
set forth in the Recitals, Part A, of this Resolution are true and correct.
2. Based upon substantial evidence presented to this Commission
during the above-referenced public hearing on February 9, 1994, including
written and oral staff reports, together with public testimony, this
Commission hereby specifically finds as follows:
(a) The application applies to approximately 14 acres of land,
at the southwest corner of Foothill Boulevard and Rochester Avenue with a
frontage of approximately 1,250 feet along Foothill Boulevard and a depth of
approximately 520 feet and is presently vacant except for the Masi Winery
currently being used as the Victory Chapel and leasing office. Said property
is currently designated as Subarea 7 (Industrial Park) of the Industrial Area
Specific Plan; and
(b) The property to the north of the subject site is designated
as Medium Residential (8-14 dwelling units per acre) and is vacant. The
property to the west is designated Industrial Park and is vacant. The
property to the east is designated Industrial Park and is developed with the
PLANNING COMMISSION RESOLUTION NO.
GPA 93-02B - MASI PARTNERS
February 9, 1994
Page 2
Aggazzoti Winery. The property to the south is designated Industrial Park and
is developed with the Sports Complex~ and
(c} The application applies to properties located within
Subarea 7 of the Industrial Area Specific Plan; and
(d) The General Plan designates the area south of Foothill
Boulevard between Deer and Day Creeks as part of the Industrial Area Specific
Plan~ and
(e) The purpose of the Industrial Area Specific Plan is to
provide a broad range of primarily industrial and business support activities;
and
(f) The intent of the "Industrial Park" designation is to
reserve land for light industrial uses, office and administration facilities,
research and development laboratories, support businesses, and com~aercial
service uses; and
(g) The applicant's request would add the full range of General
Commercial uses to the list of uses already permitted in Subarea 7, Industrial
Park; and
(h) The trade area and land use analysis did not conclusively
find the need for more general commercial. According to the General Plan,
there are currently 819 acres of vacant land designated for a wide variety of
commercial uses. There exists approximately 300 acres of General Commercial
zoned land within 5,000 feet of the project site. The creation of additional
land zoned for such uses would adversely impact the existing and already
planned retail areas along Foothill Boulevard~ and
(i) Foothill Boulevard between Day and Deer Creeks is an
important land use edge between the City's Industrial Area and community
oriented non-industrial areas to the north~ and
(j) The intent of Subarea 7 is to function as a transitional
area between the General Industrial areas to the south and the
Commercial/Retail and Residential areas to the north of Foothill Boulevard;
and
(k) This amendment does conflict with the Land Use Policies of
the General Plan and will not provide for development within the district in a
manner consistent with the General Plan and with related development; and
(1) This amendment does not promote the goals and objectives of
the Land Use Element; and
(m) This amendment would not be materially injurious or
detrimental to the adjacent properties and would not have a significant impact
on the environment nor the surrounding properties.
PLANNING COMMISSION RESOLUTION NO.
GPA 93-02B - MAS! PARTNERS
February 9, 1994
Page 3
3. Based upon the substantial evidence presented to this Commission
during the above-referenced public hearing and upon the specific findings of
facts set forth in paragraphs i and 2 above, this Commission hereby finds and
concludes as follows=
(a) That the subject property is not suitable for the uses
permitted in the proposed district in terms of access, size, and compatibility
with existing land use in the surrounding area; and
(b) That the proposed amendment would not have significant
impacts on the environment nor the surrounding properties; and
(c) That the proposed amendment is not in conformance with the
General Plan.
4. Based upon the facts and information contained in the proposed
Negative Declaration, together with all written and oral reports included for
the environmental assessment for the application, the Planning Commission
finds that there is no substantial evidence that the project will have a
significant effect upon the environment and adopts a Negative Declaration
based upon the findings as follows:
(a) That the Negative Declaration has been prepared in
compliance with the California Environmental Quality Act of 1970, as amended,
and the State CBQA guidelines promulgated thereunder; that said Negative
Declaration and the Initial Study prepared therefore reflect the independent
Judgment of the Planning Commission; and, further, this Commission has
reviewed and considered the information contained in said Negative Declaration
with regard to the application.
(b) That, based upon the changes and alterations which have
been incorporated into the proposed project, no significant adverse
environmental effects will occur.
(c) Pursuant to the provisions of Section 753.5(c) of Title 14
of the California Code of Regulations, the Planning Commission finds as
follows: In considering the record as a whole, the Initial Study and Negative
Declaration for the project, there is no evidence that the proposed project
will have potential for an adverse impact upon wildlife resources or the
habitat upon which wildlife depends. Further, based upon substantial evidence
contained in the Negative Declaration, the staff reports and exhibits, and the
information provided to the Planning Commission during the public hearing, the
Planning Commission hereby rebuts the presumption of adverse effect as set
forth in Section 753.5(c-l-d) of Title 14 of the California Code of
Regulations.
5. Based upon the findings and conclusions set forth in
paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends denial of
General Plan Amendment No. 93-02B.
PLANNING COMMISSION RESOLUTION NO.
GPA 93-02B - MASI PARTNERS
February 9, 1994
Page 4
6. The Secretary to this Commission shall certify to the adoption
of this Resolution.
DENIED THIS 9TH DAY OF FEBRUARY 1994.
PLANNING COMMISSION OF TRE CITY OF RANCHO CUCAMONGA
BY:
E. David Barker, Chairman
ATTEST~
Brad Bullet, Secretary
I, Brad Bullet, Secretary of the Planning Commission of the City of Rancho
Cucamonga, do hereby certify that the foregoing ReBolution was duly and
regularly introduced, passed, and adopted by the Planning Commislion of the
City of Rancho Cuuamonga, at a regular meeting of the Planning Co~uilsion held
on the 9th day of February 1994, by the following vote-to-wit:
AYES= COMMISSIONERS=
NOES= COMMISSIONERS=
ABSENT=
COMMISSIONERS=
DATE:
TO:
FROM:
BY:
SUBJECT:
CITY OF RANCHO CUCAMONGA
February 9, 1994
STAFF REPORT
Chairman and Members of the Planning Commission
Brad Buller, City Planner
Beverly Luttrell, Associate Planner
CONDITIONAL USE PERMIT 93-31- MASI - A request to permit a
health club of 15,800 square feet in Building 15 of
previously approved Conditional Use Permit 91-24, in the
Industrial Park District (Subarea 7) of the Industrial Area
Specific Plan, located on 27 acres at the southwest corner of
Foothill Boulevard and Rochester Avenue - APN: 229-011-28.
PROJECT AND SITE DESCRIPTION:
ae
Action Req%lested by Applicant: The applicant is requesting a non-
constzxlction Conditional Use Permit within the previously approved
Masi Plaza (Conditional Use Permit 91-24). The proposed health club
is classified as a "Recreational Facility" by the Industrial Area
Specific Plan (ISP) and is conditionally permitted in Subarea 7.
Site Characteristics: The 27-acre site is primarily vacant except
for the Masi Winery building which is currently being utilized by
the Victory Chapel and as a leasing office. The northern portion of
the site has recently ~ndergone several modifications to the site
plan and building footprints. The revised site plan is indicated in
Exhibit "B."
C. Parking Calculations for Building 15:
Number of Number of
Type Square Parking Spaces Spaces
of Use Footage Ratio Required Provided
Health Club 15,800 1:150 106 106
Total 106 106
ANALYSIS:
ae
General: Conditional Use Permit 93-31 is for a health club which is
proposed to occupy the entirety of Building 15. The facility will
include a 2,500 square foot aerobics room and 9,000 square feet of
exercise area with weight training machines. Locker rooms and
ITEM D
PLANNING CO}94ISSION STAFF REPORT
CUP 93-31 - MASI
February 9, 1994
Page 2
showers will occupy approximately 2,000 square feet and the lounge
area, sales area, and foyer will occupy approximately 2,000 square
feet. A juice bar will occupy approximately 200 square feet. The
application states that the health club would be open Monday through
Sunday, from 6:00 a.m. to 10:00 p.m. (see Exhibit "E"). Health
clubs of this nature generally peak during the evenings and on
weekends. The total number of employees is estimated to be four to
six. A detailed floor plan was not available at the time this
report was written; however, staff has requested that one be
provided prior to the hearing.
Compatibility: The main consideration with any proposed use within
a center is one of compatibility. The use proposed is compatible
with the other recreation oriented Conditional Use Permits which
have been approved for the center. The proposed use occupies the
entirety of Building 15 and therefore, noise and/or vibration will
not be an issue.
As a condition of approval, the applicant will be required to submit
tenant improvement plans to the City for review. This review will
be conducted to ensure compliance with Building and Safety and Fire
District requirements.
Adequate parking is available for the uses proposed, subject to the
limitations described above.
Environmental Assessment: Staff has determined that the Negative
Declaration previously issued for Conditional Use Permit 91-24 on
the same site is sufficient for this Conditional Use Permit.
FACTS FOR FINDINGS: The Commission must make all of the following
findings in order to approve this application:
Am
That the proposed use is in accord with the General Plan, the
objectives of the Development Code, the Industrial Area Specific
Plan, and the purposes of the district in which the site is located.
That the proposed use, together with the conditions applicable
thereto, will not be detrimental to the public health, safety, or
welfare or materially injurious to properties or improvements in the
vicinity.
Ce
That the proposed use complies with each of the applicable
provisions of the Development Code and Industrial Area Specific
Plan.
CORRESPONDENCE: This item has been advertised as a public hearing in
the Inland Valley Daily Bulletin newspaper, the property has been
posted, and notices were sent to the adjacent property owners within 300
feet of the project.
PLANNING CO~4ISSION STAFF REPORT
CUP 93-31 - MASI
February 9, 1994
Page 3
RECOMMENDATION: At the January 26, 1994, Planning Commission meeting,
the Commission requested additional information on three other
conditional use permit applications at this center. Staff recommends
that this item be continued to February 23 at 5:00 p.m. to be considered
together with those three other applications. The applicant has agreed
to this request.
BB:BL:mlg
Attachments:
Exhibit "A" - Location Map
Exhibit "B" - Site Plan
Exhibit "C" - Space Allocation
Exhibit "D" - Parking Allocation
Exhibit "E" - Use Description
CONDZ~IONAL USE PERMI~ - MASI PLA'X-A
HEALTH CLUB
November R2, 1993
Lot Number:
Building Number:
Space Location=
Size=
Estimated Hours of Operation=
Estimated Number of Employees=
Use:
Parking Required:
(! stall per 150 square feet)
Parking Provided:
15
15
Entire building; see attached space
allocation plan.
15,800 square feet.
Monday through Sunday, 6 a.m. to 10 p.m.
4 to 6.
Aerobics and weight training.
Ancillary uses include juice bar, locker
rooms, showers and offices.
106 stalls.
106 stalls
USE DESCRIPTION
Exhibit
................... J-c~il'Ltal'y'" 12 , 1994
Brea
MEMORANDUM TO:
FROM:
RE:
Debbie Adams, City Clerk,
City of Rancho Cucamonga
Ralph D. Hanson, Deputy City Attorney~
1993 Amendments to the Brown Act
The purpose of the following is to highlight and
summarize those changes which will most affect normal City
Clerk Brown Act duties and activities.
Naturally, the 1993 amendments include a number of
technical changes not necessarily pertinent to day-to-day
operations. For the exact wording of the Brown Act, with the
1993 amendments, please refer to the attached League
publication of the 1994 Brown Act.
All of the new requirements in the 1993 amendments
will be effective April 1, 1994 (the sole exception is Section
54954.6 - notice and hearing for new or increased taxes or
assessments; effective immediately upon adoption in October,
1993).
1. Permanent committees of the City Council and City
Commissions must comply with the Brown Act /~ 54952).
In the past, committees of less than a quorum of the
body could meet without compliance with the Brown Act. By this
amendment, "standing committees", regardless of their number,
must comply with the Brown Act. A standing committee is
defined to be one with "a continuing subject matter
jurisdiction, or a meeting schedule fixed by charter,
ordinance, resolution, or formal action .... " An ad hoc, less
than quorum, subcommittee formed for a limited and temporary
ITEM E
Memorandum to: Debbie Adams
January 12, 1994
Page Two
purpose (to study or investigate some issue and report back to
the majority) will still be exempted from compliance with the
Brown Act. Again, permanent committees will be considered "a
Legislative body" and subject to all normal Brown Act
requirements (e.g., notice, agendas, public meeting place,
public comment opportunities, etc).
2. Private corporations (i.e., ~ Community
Foundation) must comply with the Brown Act (~ 54952.(c)).
Although always assumed under the Brown Act, the 1993
amendments make explicit the requirement that a non-profit
private corporation be treated as a "Legislative body" for
purposes of the Brown Act when:
A. It is created by the Legislative body; or
B. Receives funds from the local agency and the
membership of the governing board includes one appointed member
of the Legislative body.
3. Newly elected (but not seated) Councilmembers
must comply with the Brown Act (~ 54952.1).
4. New definition of "meeting,' and the social or
community event exceptions explained /~ 54952.2).
Although the information is not new, the amendments
do now specifically set forth what has always been assumed as
to what constitutes a meeting and what types of events (i.e.,
social events, local community agencies not involving City
business, league conferences, etc.) are exempt from the Brown
Act..
5. Video tape recordinqs of meetings must be allowed
(~ 54953.5 and 54953.6).
The use of a video tape recorder, or still or motion
picture camera, must be allowed during a meeting absent a
"reasonable finding" by the City Council that such activity
constitutes a disruption of proceedings due to "noise,
illumination or obstruction of a view."
Memorandum to: Debbie Adams
January 12, 1994
Page Three
6. Meetinqs must be within the City limits and at
facilities accessible to disabled persons. City Council
retreats and workshops outside of City limits not allowed
(~ 54954 and 54961.).
By the new legislation, all regular and special
meetings shall be within the boundaries of the City except as
specifically provided by Section 54954. The seven exceptions
listed (see attached for exact wording) are specific to
activities (e.g., by court order, to inspect real property, to
participate in multi-agency meetings, etc.), the net effect of
which is to eliminate the more generalized City Council retreat
at locations outside of the City.
7. Executive Session amendments.
A. The 72 hour rule for matters on the agenda
now applies to items to be discussed in Executive Session.
(Section 54954.2).
B. Agenda descriptions of Executive Session
matters set forth by statute (Section 54954.5).
By Section 54954.5, each type of action allowed to be
discussed in Executive Session will have a minimum amount of
information to be included on the agenda. The section sets
forth a format of the agenda description; however, it should be
noted that any format will suffice so long as the necessary
information in included. For example, a mere notation of
"personnel items" will not suffice and will have to specify
what type of personnel activities are involved. Please refer
to the attached section for particulars. Because of such
descriptions on the agenda, the Executive Session memorandum
supplied our office on litigation or property matters are no
longer required. Despite the expanded agenda disclosure on
Executive Session items, Section 54957.7 still requires that
prior to holding a closed session the Legislative body state,
in the open meeting, the items to be discussed in closed
sessions (although this disclosure may reference the number or
other reference on the agenda).
C. Following Executive Session, the City
Council must reconvene the meeting and specifically report on
action taken (§§ 54957.1 and 54957.7(b)).
Section 54957.1 now spells out in detail what must be
said following an Executive Session. Although said section
Memorandum to: Debbie Adams
January 12, 1994
Page Four
always required a report of a roll call vote, that Section now
requires that the report state the particular vote or
abstention of every member present on any matter voted. Each
type of Executive Session item (e.g., real estate negotiations,
litigation, personnel) have particular public reporting
requirements and reference should be made to the particular
section for exact language. Although this requirement is not
the particular concern of the City Clerk's Office, you should
nevertheless, be aware of the requirements.
Finally, the League of California Cities reports that
they expect a certain legislation in 1994 to clean-up certain
inconsistencies with regard to the above-referenced amendments.
No major changes to the substantive provisions are expected.
Naturally, our office will report on any changes which effect
the foregoing requirements.
RDH:clf
C~131~MCC
Enclosure
League of
California Cities
The 1994
Ralph M. Brown Act
October 1993
(Reflecting Changes Made by
AB 1426, SB 36, SB 376 and SB 1140)
Additional copies may be purchased for:
$ 5.00 - City Officials
$10.00 - Non-City Officials
--including sales tax, shipping and handling
FROM:
League of California Cities
Publications
1400 K Street, 4th floor
Sacramento, CA 95814
916/444-5790
This publication is provided for general information only and is not offered or intended
as legal advice. Readers should always seek the advice of an attorney when confronted
with legal issues and attorneys should perform an independent evaluation of legal issues
raised by the subject of this publication.
CON"rENTS
General Explanatory Comments: Text Convention J, Resolving Inconsistencies
~lmong Bills, Effective Dates and Obtaining Bill Texts .........................
Section
54950.
54950.5.
54951.
54951.1.
54951.7.
Declaration of intent; sovereignty ............................ 5
Short title .............................................. 5
Local agency, definition .................................... 5
Local agency; private nonprofit organizations ineludcd ............. 5
Local agency as including nonprofit corporation appointed by local
agcncy to aequirc, constru~ maintain of opcrate public work
pro, jeer ................................................ 6
54952. Legislative body, definition ................................. 6
' '~~)~:i¢~:;~? >' ' '~' '~~~~~~~~~:~ .~ .~..~ ........................ 7
54952.2. "Legislative body" as including body ~vith dclcgatcd authority ........ 7
::~'~:i ili:?~11~;~ 't~ ~'~~:~~11~[~i:.iii~ ....................................... 7
54952.3. "Legislative body" as including advisory bodics ................... 8
54952.5. Lcgislative body as including permanent boards or commissions of
local agencics ........................................... 9
54952.6, Action taken, definition .................................... 9
54952.7. Copies of chapter to members of legislative body of local agencies .... 9
54953. Meetings to be open and public; attendance; video teleconferencing;
duration of section (in effect until January 1, 1994) secret ballots .... 10
54953. Meetings to be open and public; attendance; operative date of section
(in effect January 1, 1994) ................................. 10
54953.1. Testimony of members before grand jury ...................... 11
54953.3. Conditions to attendance .................................. 11
54953.5.
54953.6.
54953.7.
54954.
54954.1.
54954.:2.
54954.3.
54954.4.
54954.5
54954.6
54955.
54955.1.
54956.
54956.5.
54956.6.
54956.7.
54956.8.
54956.9.
54956.95.
54957.
Recording of meetings .................................... 11
Broadcast of proceedings ............. ..................... 12
Allowance of greater access to meetings than minimal standards in this
chapter ............................................... 12
Time and place of regular meetings; holidays; emergencies ........ 12
Mailed notice to persons who filed written request; time; duration and
renewal of requests; fee ................................... 14
Agenda posting; action on other matters ...................... 14
Opportunity for public to address legislative body; adoption of
regulations ............................................ 15
Reimbursements to local agencies and school districts for costs ..... 16
Closed session agenda descriptions .......................... 16
New or increased taxes or assessments; hearings; notice ........... 19
Adjournment; adjourned meetings ........................... 23
Continuance ........................................... 23
Special meetings; call; notice ............................... 23
Emergency meetings in emergency situations ................... 24
Fees ................................................. 25
Closed sessions; license applications; rehabilitated criminals ........ 25
Real property transactions; closed meeting with negotiator ......... 25
Pending litigation; closed session; abrogation of privilege; notice;
memorandum .......................................... 26
Closed sessions; insurance pooling; tort liability losses; public liability
losses; workers' compensation liability ........................ 28
Closed sessions; threat to public services; personnel matters; exclusion
of witnesses ............................................ 29
54957.1.
54957.2.
54957.5.
54957.6.
54957.7.
54957.8.
54957.9.
54958.
54959.
54960.
54960.1.
54960.5.
54961.
54962.
Closed sessions; public report of action taken .................. 30
Minute book record of closed sessions; inspection ............... 32
Agendas and other writings distributed for discussion or consideration
at public meetings; public records; inspection; closed sessions ....... 33
Closed sessions; legislative body of local agencies; salaries, salary
schedules or fringe benefits; mandatory subjects ................. 34
Closed sessions; disclosure of items to be discussed; notice ......... 35
Closed sessions; legislative body of a multijurisdictional drug law
enforcement agency ...................................... 35
Disorderly conduct during meeting; clearing of room ............. 36
Application of chapter .................................... 36
Penalty for unlawful meeting ............................... 36
Action to prevent violations or determine applicability of chapter .... 36
Unlawful action by legislative body; action for rnandamus or injunction;
prerequisites ...........................................
Costs and attorney fees ...................................
Use of facility allowing discrimination; applicability to local agencies .
Closed session by legislative body prohibited ...................
Note on Other Code Sections Affected by SB 1140, SB 36, and AB 1426 ..........
Note on Other Code Sections Affected by SB 376 ...........................
38
39
40
40
41
41
GENERAL EXPLANATORY COMMENTS
Text Conventions
As a general matter, redlining indicates additions to the existing language of the Brown
Act; strikeouts indicate deletions of language. In a few instances, inconsistent changes
are indicated with italicized language and a note below the section text.
Resolving Inconsistencies Among Bills
Generally speaking, in the absence of any express provision to the contrary in the statute
which is enacted last, a conclusive presumption exists the legislature intended a later-
enacted (higher chapter number) statute to prevail over statutes which are enacted
earlier (lower chapter) at the same session. See Cal. Gov't Code § 9605. The Governor
signed AB 1426 first (making it chapter 1136 of the Statutes of 1993), then SB 36
(making it chapter 1137) and then SB 1140 (making it chapter 1138). SB 376 is chapter
1194 of the Statutes of 1993.
Thus SB 36 prevails over inconsistencies with AB 1426, SB 1140 prevails over
inconsistencies with both SB 36 and AB 1426. Readers should be aware, however, the
inconsistencies were, in most if not all cases, unintended and areas in which there are
inconsistencies are likely to be the subject of clean-up legislation in January of 1994.
Because of this, these inconsistencies have been left in this document (usually marked
with italics or brackets)~ so readers may anticipate areas which may be the subject of
clean-up legislation.
Effective Dates
Changes made by AB 1426, SB 36, and SB 1140 are operative on April 1, 1994.a
Changes made by SB 376 are effective immediately, inasmuch as SB 376 was an urgency
measure.2 In addition to being effective immediately, the changes made to the law by
SB 376 are declaratory of existing law. See SB 376, § 27.
Getting the Real Thing
Copies of these bills are available through CITYLINK, the League's online legislative
service. Copies are also available from the legislative bill room (916/445-2323). West's
and Deering's also publish commercial legislative services showing, by chapter number,
legislation enacted in a given year. Most county law libraries subscribe to one of these
services.
~ SB 36, § 23, SB 1140, § 12, AB 1426, § 23.
See SB 376, § 29.
THE RALPH M. BROWN ACT3
54950.
Declaration of intent; sovereignty
In enacting this chapter, the Legislature finds and declares that the public
commissions, boards and councils and the other public agencies in this State exist to aid
in the conduct of the people's business. It is the intent of the law that their actions be
taken openly and that their deliberations be conducted openly.
The people of this State do not yield their sovereignty to the agencies which serve
them. The people, in delegating authority, do not give their public servants the right to
decide what is good for the people to know and what is not good for them to know. The
people insist on remaining info~ued so that they may retain control over the instruments
they have created.
54950.5. Short title
This chapter shall be known as the Ralph M. Brown Act.
54951.
Local agency, definition
As used in this chapter, "local agency" means a county, city, whether general law
or chartered, city and county, town, school district, municipal corporation, district,
political subdivision, or any board, commission or agency thereof, or other local public
agency.
Local ageacy; private nonprofit organizatio~ lneluded
For the putpad, cs of this chapter, and to the extent not inconsistent with fedcral
law, the term "local agency" shall include all private nonprofit organizations that receive
public money to bc expended for public purposes pursuant to the "Economic Opportunity
Act of 196d" (P.L. 88 452; 78 Stat. 508).
(Repealed by SB 1140)
3 All section references are to the Government Code, unless otherwise indicated.
5
$'1951.7.
Local agency as including nonprofit corporation appointed by Local agency
to acquire, construct, ...aintain or operate public work project
"Local agency" includes any nonprofit corporation, created by one or more local
agencies, any one of the members of wh~e board of directors Z appointed by such local
agencies and which is formed to acquire, construct, reconstruct, mointnin or operate any
public work project.
(Repealed by SB 1140)
54952.
Legislative body, definition
As used in this chapter, "legislative body" means the governing board, commission,
directors or body of a local agency, or any board or commission theroof, and shall
include any board, commission, committoe, or other body on which officers of a local
agency s~,~c in their official capacity as merehers and which is supported in whole or in
part by funds provided by such agency, whether such board, commission, committoe or
other body is organized and operarod by such local agency or by a private corporation.
(a) The governing bo~ ofa lo~al ~gency or an~ other local body ~re~ted by ~ale
or federal statute.
composed solely of the membe.,rs of the legislative body which are less than a ¢~.Omm of
the legislative body. are not leglgl'itiire bodies, except that standing committ&sqif a
legislative body, irrespective of, their composition, which have a continuing sub~et matter
jurisdiction. or a meeting schedule flied by charter, ordinance, resolution, or formal
action of a legislative body are,legislative bodies for purposes of this chapter.
(c) A board, commffsldii.~"(ofiiiittf~ or oth6i' m61tfiimmbei body t~i"i~t'~6~i.m a
private corporation or entity that either:
(1) ls created by the elected legislative body in O:rder'tO ixe/?~
authority that may lawfully be delegated by the elected governingbody:~i!to a
private corporation or entity.
(2) Receives 'funds from:a local agency and the membership of Wh6se
governing body includes areember of the legislative body of the local -agency
appointed to that governing body by the legislative body of the local agency.
(d) The lessee of any hospital the whole or part of which is first leased pursuant
to subdivision (p) of Section 32121 of the Health and Safety Code after January 1, 1994,
where the lessee exercises any material authority of a legislative body of a local agency
delegated mlt by that legislative body whether the lessee is organized and Operated by
the local agency or by a delegated authorityi
(Amended by SB 1140)
As used in this chapter, "member of a legislative body of a local agency" includes, bm is
not limited to, any person elected to serve as a member of a legislative body who has
yet assumed the duties of office. That person shall conform his or her conduct to the
requirements 5f this chapter and"shalf'be'tr~a,'t&l for purposes of ~nforcern'~i~i'
chapter as if he or she has already assumed office.
(Added by SB 36)
"Legislative body" as including body with delegated authority
As uc~d in th~ chapter, "lcgi~ntive body" ~ meam an5, board, commission,
committee, or sLy.ilar multimcmi~r body which exercises a~y authority of a legialativ~
body of a local agency delegated to it by that legislative body.
(Repealed by SB 1140)
(l). ' .any congregatioii'Of a majority of the.members of a ie...~g~. · body
in, the same time and place to.hear, d!i,.'tl~ or deliberate upon any item that is
w~tha'the mbject mater jugsdiction of the legislative body or the I .o~ ~.ucy to
which it pertains.
(2) Any use of direct communication, personal intermediaries, or
technological devices that is employed by a majority of the members of the
legislative body to develop a collective concurrence as to action to be
item by the members of the legislative body.
sub&vmon (a) shall ~mpose:the requlreme ts of this Chapter upon
any of the following:
(1) Individual contacts or conversations between a memberof a
legislative body and any olher person,
(2)" The attendance ofa majority of members of a legislative body at a
conference or similar gathering open to the public that involves a discussionpf
issues of general interest to the public or to pubtic agencies of the type
represented by the legislative body, provided that a majority of themem~'::do
not discuss among themselves tmsin~ss of aspceltic nature that is within the
subject matter jurisdictionof tlie! local agency, Nothing in this para~ph '~S
inte ..~:toall, ,o~, memb~so~f.~.~!!i~btic .ji:~ admission to a coherence .or similar
./~i:;!iave req:Uired other participants or regatrants to
'The atteni4~n'~e' ~lr. ~orlt~ 'of the members of a
(~4dd_ed by $B 36 and AB 1426)
Note: Becau~ of the order in which the bills were signed, there is some controversy as to whether the
repealer in SB 1140 repealed the 'nex,/' section 54952.2 added by SB 36 and AB 1426 (adding a new
definition of the term 'meeting'). Legislative cou_~t_~l reportedly takes the position the new der'tuition of
meeting should go in effect. In any event, this controversy is likely to be resolved by clean-up legislation.
54952,3, 'Legislative body' as ineludin~ adviso,/bodics
As used in this chapter "legislative body" ~ includcs any ad, dsory eommiosion,
advisory committee or advisory body of a local agency, created by charter, ordinance,
resolution, or by any similar formal action of a legislative body or member of a
legislative body of a local agency.
Meetings of such advisory commissions, committees or bodies concerning subjects
which do not require an examination of facts and data outside the territory of the local
agency shall be held within the territory of the local agency and shall be open and public,
and notice thereof must bc delivered personally or by mail at least 24 hours before the
time of such meeting to each person who has requested, in switing, notice of such
meeting.
If the advisory commission, committee or body elects to provide for the holding of
rcgular meetings, it shall providc by bylaws, or by whatcvcr other rule is utilizcd by that
advisor), body for thc conduct of its busincss, for the time and place for holding such
rcgular meetings. No other notice of regular meetings is required.
'Lcg'slativc body" as defined in this scotion docs not include a committcc
composed solely of members of the governing body of a local age. hey which arc less than
a quorum of such governing body.
Thc provisions of Sections 54954, 54055, 54955.1, and 54956 shall not apply to
meetings under this soetion.
(Repealed by SB 1140)
$~5~.5.
Legislative body as including gex...ane~t boards or eo~,~missions of local
As used in this chapter, "legislative body~ a}so includes, but is not limitcd to,
planning eommisoions, library boards, recreation commissions, and other permanent
boards or commissions of a local agent)'.
(Repealed by SB 1140)
54952.6. Action taken, definition
As used in this chapter, "action taken" means a collective decision made by a
majority of the members of a legislative body, a collective commitmere or promise by a
majority of the members of a legislative body to make a positive or a negative decision,
or an actual vote by a majority of the members of a legislative body when sitting as a
body or entity, upon a motion, proposal, resolution, order or ordinance.
54952.7. Copies of chapter to members of legislative body of local agencies
A legislative body of a local agency may require that a copy of this chapter be
given to each member of the legislative body _~qd ax~j person elect64 :to!i!.':.~.::!:.as a
m6~r of the legislative body. who has not assumed the duties of office. An elected
legislative body of a local agency may require that a copy of this chapter be given to
each member of each legislative body all or a majority of whose members are appointed
by or under the authority of the elected legislative body.
(Amended by SB 1140, SB 36 and AB 1426)
54953.
Meetings to be open and public; attendance; video teleconferencing;
duration of ~ection (in effect until Janum~' 1, 1994) secret ballots
Tart of sec'tion otx'vativc until Jan. l, 1994.
(a) All meetings of the legislative body of a local agency shall be open and public,
and all persons shall be permitted to attend any meeting of the legislative body of a local
agency, except as otherwise provided in this chapter~ except as 0'the~se provided !tt this
chapter.
(b) Notwithstanding any other provision of law, the legislative body of a local
agency may use video teleconferencing for the benefit of the public or the legislative
body of a local agency in connection with any meeting or proceeding authorized by law.
The use of video teleconferencing, as authorized by this chapter, shall be limited to the
receipt of public comment or testimony by the legislative body and to deliberations of
the Legislative body. If the legislative body of a local agency elects to use video
teleconferencing it shall post agendas at all video taleconference locations and adopt
reasonable regulations to adequately protect the statutory or constitutional rights of the
parties or the public appearing before the legislative body of a local agency. The term
'Mdeo taleconference" shall mean a system which provides for both audio and visual
participation between all members of the legislative body and the public attending a
meeting or hearing at any video taleconference location.
This section shall remain in cffcct until January 1, 1994, and on that date is
repealed, unless a later enacted statute, which is chaptoted before Januat-y 1, 1994,
deletes or extends that date.
(Amended by $B 36 and AB 1426)
Note: AB 1426 does not add the language in subdivision (c) relating to secret ballots. Since SB 36 was
chaprated after AB 1426, the language is presently in the new law.
54s953.
Meetings to bc open and public; attendance; operative date of section (in
eftcot Jnnua:-~' 1, 1994)
Text of section operativc Jan. 1, 199¢.
All mc, ctings of thc Icgislativc body of a local agency shall bc opcn and public,
ant all pcrsons shall bc permitted to attend any meeting of the lcgislativc body of a local
agency, except as othcrwisc provided in this chapter.
10
This .~cclion ~halt become opcrafivc January 1, 199'1.
(Repealed by SB 36)
54953.1. Testimony of members before grand jury
The provisions of this chapter shall not be construed to prohibit the members of
the legislative body of a local agency from giving testimony in private before a grand
jury, either as individuals or as a body.
54953.3. Conditions to attendance
A member of the public shall not be required, as a condition to attendance at a
meeting of a legislative body of a local agency, to register his or her name, to provide
other infotmation, to complete a questionnaire, or otherwise to fulfill any condition
precedent to his or her attendance.
If an attendance list, register, questionnaire, or other similar document is posted
at or near the entrance to the room where the meeting is to be held, or is circulated to
the persons present during the meeting, it shall state clearly that the signing, registering
or completion of the document is voluntary, and that all persons may attend the meeting
regardless of whether a person signs, registers, or completes the document.
54953.5. Recording of meetings
('j~) Any person attending an open and public meeting of a legislative body of a
local agency shall have the right to reco?. th~ proceedings oa a tape recorder :~
reasonable finding ~f by the legislative body of the local agency that :'-'-oh .i"f~ recording
would constitute, a disruption of the proceedings.
purpose ~ or at the dlre~on of t~ I~ ~ $h~ ~ ~ ~' ~s~ p~u~t
to the ~or~a ~blic Rear& A~ (~pt~ 3~ (~~ ~ ~on 6~0) of
Di~ion 7 of Tige 1), bu~ ~t~g. ~cgoa ~ ~ ~ or ~d 30
da~ after the taping or r~ ~y ~lo~"of a.~d~.~ m~:~r~ng s~U ~
provided ~Sthout ch~ge on a tape recorder made a~milable ~ the 1~ ~en~.
(An,ended by SB 36 and AB 1426)
11
549~3.6. Broadcast of prmmedings
No legislativ~ body shall proh~it or otherwise restrict the broadcast of its
proceedings in the absence of a reasonable finding that the broadant ~anot be
accomplished without noise, ilhunination, or obstruction of view.that would constitute a
persistent diaruptio.t~ of the proceedings.
(Added by SB 36 and AB 1426)
54953.7.
Allowance of greater access to meetings than minimal standards in this
chapter
Notwithstanding any other provision of law, legislative bodies of local agencies
may impose requirements upon themselves which allow greater access to their meetings
than prescribed by the minimal standards set forth in this chapter. In addition thereto,
an elected legislative body of a local agency may impose such requirements on those
appointed legislative bodies of the local agency of which all or a majority of the
members are appointed by or under the authority of the elected legislative body.
54954. Time and place of regular meetings; holidays; emergencies
(:.'!) The legislative body of a local agency shall provide, by ordinance, resolution,
by-laws, or by whatever other rule is required for the conduct of business by that body,
the time :~'~i"?/~ for holding regular meetings. Unless othera~e pro~ided for in the
act under which the local agent3' was formed, meetings of the }eg/rJntive body need not
be held within the boundarks of the tcr-,~tow over which the leeal agent9' caereiaea
jurisdiction. If at any time any regular meeting fall6 on a holiday, such regular meeting
shall bc held on the next bus/hess day.
boundarie~ of the territory over which the local agen~y~ex.~,i 7~'.~'}~sdicfian exceptlo'do
any of the followh~
(2) Inspect real or personal property which '¢/m/ot, b/'convenieatly bmuF, ht
within the boundaries of the territory over which tl{//'.l.o~al. agency'exercises
jurisdietio~
(3) Participate in:m~fingsoi:'di '~i"ons::~:~:: ......i~ff~ ::.~:si...gnificaoc~i..i~t
are outside the boundaries era local agenofs juriadietion.;ii:How~wer, any: :meeting
or discussion held pursuant to this subdivision:shall:take:place' within:the
jurisdiction of one of the partic/paring local agencies and be noticed by all
participating agencies as provided for in this chapter.
12
(4) Meet in the closest meeting facility if the local agency has no meeting
facility within the boundaries of the territory over which the local agency exercises
jurisdiction, or at the principal office of the local agency if that office, is located
outside the territory over which the agency exercises jurisdiction.
(5) Meet outside their immediate juri~i~6n with elected or appointed
officials o£:the United States or the State of Calii~ornia when a local meeting
would be ;:~mpra~ical, solety t.o discussa legis!a.fi :~i oriYegulato~ ~sue 'affecting
the!_::ocal i:agea.cyand ~i!whieh the ./edc.i.:;~i:or-iSi.11~'tC::offidals have jurisdiction.
(6) Meet outside their hmnediate jurisdiction if the
or nearby a faculty owned by the agent, provided. that the topic ~11~.imeefing is
limit,~l to..~,.t,,em$ directlit' related to the
(7) Visit the office of the local ageney'i legal counsel for a closed session
on p~nding litigation held pursuant to S~ctio~ 54956.9, when to do so would
(c) Me~tings of the governing tn~ard of a school district shall be held within the
district axe,pt under the circumstances enumerated in subdivision (b). or to do either of
the following: ......
(2)'Ini~ntiew m~mb~s of I~ publie"ri~"in" m,.othe~: district 'With
r~.~.,~?'_'-~_~./,~ the .u~.pOt~vtt,! empi~l~.'.:~h6 'shperin~ldent'='ui' ~{mt
distrk
(d) Meetings of a joint powers authority shall o~ur within the territory of at least
one of its m~mber agencies, or ~ provided in subdivision (b), However, a joint powers
authority. wtfich lax merebern throughout the state may'"~mi~ at any. fatill .ty fix"the rate
which complies with the requirements of Section 54961.
(e)If, by reason of fire, flood, earthquake or other emergency, it shall be unsafe
to meet in the place designated, the meetings may :~111~11 be held for the duration of the
emergency at sac.', ih~ place a~ '1; designated by the presiding officer of the legislative
body or his or her designee in a notice to the local medici that have requested notice
pursuant to Section 54956, by the most rapid means of communication available at
time.
(Amended by SB 36 and AB 1426)
13
54954.1.
Mailed notice to persons who filed written request; time; duration and
renewal of requests; fee
The legislative body which is subject to the provisions of this chapter shall give
mailed notice of ever3, regular meeting, and any special meeting which is called at least
one week prior to the date set for the meeting, to any person who has filed a written
request for that notice with the legislative body. Any mailed notice required pursuant to
this section shall be mailed at least one week prior to the date set for the meeting to
which [t applies except that the legislative body may give the notice as it deems practical
of special meetings called less than seven days prior to the date set for the meeting.
Any request for notice filed pursuant to this section shall be valid for one year
from the date on which it is filed unless a renewal request is filed. Renewal requests for
notice shall be filed within 90 days after January 1 of each year.
The failure of any person to receive the notice given pursuant to this section shall
not constitute grounds for any court to invalidate the actions of the legislative body for
which the notice was given.
The legislative body may establish a reasonable annual fee for sending the notice
based on the estimated cost of providing the service.
549S4.2. Agenda posting; action on other matters
(a) At least 72 hours before a regular meeting, the legislative body of the local
agency, or its designee, shall post an agenda containing a brief general description of
each ,tern of business it) be transacted or d~scussed a: the meet:ng including iliiiiia to be
discussed in cloud soseSau. A brief 8choral deaeription of an item generally neex~...not
exceed 20 words. The agenda shall specify the nine and location of the regular meeting
and snail be posted in a location that is freeiy accessible to members oi the public.
No action or diao_i$~on shall be taken on any item not appearing on the posted agenda,
except that membor~ of the. i~'~a,~ftr~~' .'b~d); nmy bri.cgl, ~nd t6 ~iatem~n~/"n~[.gt
questions posed by persons ' ~eae~?6i'd.a~'tli~i~ 'i~ublfe"~esifi~'fi~rlgh~ undex. S6~W~j~S~:3.
In addition, on t~r o~ inig~iv~ or in res~e to quaore ~d ~ the ~b~
mem~ of a ~s~tive b~ ~y ~k a qu~gon ~r ~6om p~6de a refefen~ to
staff or o~er r~r~s for ~ ~o~ion, or r~ mff to rein ~& to the
b~y at a ~e~ent m~ting con~ng ~ ~tter. Fu~rmor~ a ~m~r of a
legislative b~y, or ~c ~dy itself, may take ac6on to dk~t s~f to pla~ a matter of
b~ine~ on:a: ~re :agenda.
(b) Notwithstanding subdivision (a), the legislative body may take action on items
of business not appearing on the posted agenda under any of the following conditions:
conditions stated below. Prior to discussing any item pursuant to this subdivision, the
14
legislative body shall publicly identify the item.
(1) Upon a determination by a majority vote of the legislative body that an
emergency situation exists, as defined in Section 54956.5.
(2) Upon a determination by a two-thirds vote of the legislative body, or, if
less than two-thirds of the members are present, a unanimous vote of those
members present, that there is a:: t~c need to take inunediate action and that~
need for ~action :camel to the:attenfion:'~f tl/"~ local agency a ....subsequent to the
agenda being posted as specified in subdivision (a).
(3) The item was posted pursuant to subdivision (a) for a prior meeting of
the legislative body occurring not more than five calendar days prior to the date
action is taken on the item, and at the prior meeting the item was continued to
the meeting at which action is being taken.
(/lmended by $B 36 and/lB 1426)
54954..3. Opportunity for public to address legislative body; adoption of regulations
(a) Every agenda for regular meetings shall provide an opportunity for members
of the public to directly address the legislative body on any item of interest to the public,
before or during the legislative body's consideration of the item, that is within the subject
matter jurisdiction of the legislative body, provided that no action shall be taken on any
item not appearing on the agenda unless the action is otherwise authorized by
subdivision (b) of Section 54954.2. However, in the ~ of a meeting of a eitT eaunell in
a city or a board of supervisors in a city and county, the agenda need not provide an
opportunity for members of the public to address the council or board '~~~<i~:~~~
on any item that has already been considered by a committee, composed exclusively of
members of the council or board [~"~"~ii'~/:f.~ at a public meeting wherein all
interested members of the public were afforded the opportunity to address the
committee on the item, before or during the committee's consideration of the item,
unless the item has been substantially changed since the committee heard the item, as
determined by the council or board leghlativ¢ body. E~/ery notice for a sp~/ial meeting
at whi~ action is proposed to be taken on a~ item shall provide an opportunity for
members of the public to direaly address ~e legislative body con~engag tl~t item Prioi
to action on that item.
(b) The legislative body of a local agency may adopt reasonable regulations to
ensure that the intent of subdivision (a) is carried out, including, but not limited to,
regulations limiting the total amount of time allocated for public testimony on particular
issues and for each individual speaker.
15
(c) The legislative body of a local agency shall:not proh~it public criticism of the
policies, procedures, prograr~, or services of the agency or the acts or omissions of the
legislative body. Nothing in:this subdivision shall coafer any privilege or protection for
expression beyond that otherwise provided by law.
(Amended by SB 36 and/lB 1426)
54954.4. Reimbursements to local agencies and school districts for costs
(a) The Legislature hereby finds and declares that Section 12 of Chapter 641 of
the Statutes of 1986, authorizing reimbursement to local agencies and school districts for
costs mandated by the state pursuant to that act, shall be interpreted strictly. The intent
of the Legislature is to provide reimbursement for only those costs which are clearly and
unequivocally incurred as the direct and necessary result of compliance with Chapter 641
of the Statutes of 1986.
(b) In this regard, the Legislature directs all state employees and officials involved
in reviewing or authorizing claims for reimbursement, or otherwise participating in the
reimbursement process, to rigorously review each claim and authorize only those claims,
or parts thereof, which represent costs which are clearly and unequivocally incurred as
the direct and necessary result of compliance with Chapter 641 of the Statutes of 1986
and for which complete documentation exists. For purposes of Section 54954.2, costs
eligible for reimbursement shall only include the actual cost to post a single agenda for
any one meeting.
(c) The Legislature hereby finds and declares that complete, faithful, and
uninterrupted compliance with the Ralph M. Brown Act (Chapter 9 (commencing with
Section 54950) of Part 1 of Division 2 of Title 5 of the Government Code) is a matter of
overriding public importance. Unless specifically stated, no future Budget Act, or related
budget enactments, shall, in any manner, be interpreted to suspend, eliminate, or
otherwise modify the legal obligation and duty of local agencies to fully comply with
Chapter 641 of the Statutes of 1986 in a complete, faithful, and uninterrupted manner.
For purposes of describing closed session items' pursuant to Section 54954.2, the
agency may describe closed sessions as provided below. No legislative body or elected
official shall be in violation of section .54954.2 if the dosed session items were described
in substantial compliance with this section. Substantial compliance is satisfied by
including the info,marion provided below, irrespective of its fore,at.
(a) With i res 'p~ctl/t0 :alCi0sed .session held punuam to :Section $4956J:
LICENSE/PERMIT DETERMINATION
16
Applicant(s): (Specify number of applicants)
(b) With respect to every item of business to be diso~ssed in closed session held
pursuant to Section 54956.8: ,
CO~'F'ERENCE WITH REALPROPERTY NEGOTIATOR
Proper!y:' ($pecifj street addr~: or:if ~ street address, the parcel
number or other unique referen~:!of thereal property under
nego~.ation~
Under negotiation: (Specify Wh~tli~r'ins"tr~ctibii to negotiator will
concern price, tetra of paymenL'-o~ both)
Name'of ~: (Speci .fy ¥~fe ..t~.. ce'to elaimam's name, name~ of
Care rm~ 'm~aecified: (s~eeif~.4~ 'Iratier d~h~re x~Juld
jeopard~/.~,'n~e or'proem' 'e~,~ll~l/~i~'s~ttlement =e~o~tio=)
LITIGATION
S~g~it~ exposttre to tili~tion lJtusuant to subdivi~tor~Co) o~
Section 54956.9: (Specify number of potential cases)
Initiation of litigation pursuant to subdivision
(Specify number of potential cases)
(d) With respect to every item of bUsiness:tO :~::di~Sed in :dosed"Session
pursuant to Section 54956.95:
LIABILITY CLAIMS
Claimant: (Speci~ name unless unspecified pursuant to Section
17
54961)
Agency claimed against: (Specify name)
(e) With respect to every item of business to. be discussed in closed session
pursuant to Section 54957:
THREAT TO PUBLIC 'SERVICESiOR::i:.FACII'~F_3
Consultat on w~th. (Speo~:aameofla~v::eni'oreement ency:Imd
(No additional informatiSa~,~tt~il'~.in connection with a dosed
session to consider discipRn"~'~xlfsinissal, 9r release)
Agen~::negot~tor.: (Sp¢c'd7
employee)
or
Unrepreseated employeei (Specify:position title 0f Untcpi:esented
employee who is the subject o£ the negotiations)
18
With respect to closed session called pursuant to Section 54957.8:
CASE REVIEW/PLANNING
(h) With respect to every item of businessdiscussed.in closed session pursuant to
Section 54962 and Sections 1461, 32106, and 32155 of the Health and Safety Code or
SeCtions 37606 and' 37624.3 of the Government Cod¢~
REPORT~VOLVINO TRADE SEc .RET
Discussion will concern: (Specify whether discussion:fwill'60ficern
proposed new service. program, or facility)
HE'ARING$
Subject matter: (Specify Wimtlmr testimony/deliberation will concern
st. aft pri~eSe. s; report ~~,lj.aUdi~.,~mmitt~; or rqx~n of
(Added by SB 36 and AB 1426)
549S4.6 New or increased taxes or assessments; hearings; notice
(a)(1) Before adopting any new or increased general tax or any new or increased
assessment, the legislative body of a city, county, os, special distric~4~o~.j0int~l~we,~
i'i~"~ shall conduct at least one public meeting at which local officials must allow
public testimony regarding the proposed new or increased general tax or new or
increased assessment in addition to the noticed public hearing at which the legislative
body proposes to enact or increase the general tax or assessment.
Fo~ purposes of ~his se~or~ the term 'n~w-or increased asse~nt' does not
include any of the following:
(A) A fee which does not exceed the reasonable cost of providing the
s~rvic~s, facilities,' or r~iatory ac6vit~ for which the fee is cha~ed.
(B) :iA:'se~i~i:~ii'axg¢ Or beneiii:'Cti"' 'arg-e4:~nlesi;'ia~:speciat d'~triC/'S~::'principal
aci:'requires service'charges or benefit 'chargesl to confonu to the: requirements of
this section.
(C) An ongoing annual assessment if it is imposed at the same or lower
amount as any previous year.
19
(D) An assessment which does not exceed an assessment formula or range
of as.sessmcnts previously adopted by the agency or approved by the voters in the
area where the assessment is imposed.
(E) Standby or immediate availability charges.
(2) The legislative body shall provide at least 45 days' public notice of the public
hearing at which the legislative body proposes to enact or increase the general tax or
assessment. The:legislative:body shall provide notice for the public meetingat the sue
time:and.in ithe::same::doeument as the notice for the public hearing. but the: meeting
shall ~ceur p 'ri'o~: to ::~ hearmE,
(b)(1) The :jO7'~ notice of bdth:.fiieii!publi~?!i'"'~::.~fi~g 'and the public hearing required
by paragraph (2) of subdivision (a) with respect to a proposal for a new or increased
general tax shall be accomplished by placing a display advertisement of at least one-
eighth page in a newspaper of general circulation for three weeks pursuant to Section
6063 and by a first-class mailing to those interested parties who have filed a written
request with the local agency for mailed notice of public meetings or hearings on new or
~ncreased general taxes. The public meeti~ ~.~m$..mt to sulxlivi~ion (a) ~1 t~ pla~
no= _~r ~ '10'~ aft~'~ ~ pu~.~-~ ,~:l~t.~' ~"~t to ~
su~on. ~ public h~ ~ ~~' '~!i~ i~ ~'~"~"'~
~'4~ '~ ~ the' S'~ {~on of ~]~t' ~'~ p~t'~'~~
pu~ant to th~ su~i~sion. Any written request for mailed notices shall be effective for
one ye~ from the date on which it is filed u~ess a renewal request is filed. Renewal
requests for mailed notices shall be filed on or before April 1 of each year. ~e
legislative body may establish a re~onable a~ual charge for sending notices b~ed on
the estimated cost of providing the se~ce.
(2) The notice required by paragraph (1) i:O..'i~i::.i~!'Sl;11.~=d~visifi~i shallinclude, but not
be limited to, the following:
(A) The amount or rate of the tax. ffi~e :~,~proposed to be increased
fi'om anyprevlous'~ear, tbe]omtnot~ce:::'~:'"alli~parately a both the existing tax
rate and theproposedi"tax rate increase.,
(B) The activity to be taxed.
(C) The estimated amount of revenue to be raised by the tax annually.
(D) The method and frequency for collecting :ihe tax.
20
x~J (E) The dates, times. and locations of the public hearings described in
subdivision (a).
(-E9 (F) The phone number of an individual, office, or organization that
interested persons may contact to receive additional information about the tax.
(c)(1) The notice of the public hearing required by paragraph (2) of subdivision
(a) with respect to a proposal for a new or increased assessment on real property shall
be accomplished through a mailing, postage prepaid, in the United States mail and shall
be deemed given when so deposited The public meeting l~tnnant to subdivisibn: a
shall take place no earlier than 10 days afte~ the joint m 'afthag pursuant to this
subdivision. The public hearing shsll lake pi~e no era-liar. titan seven days' aft~' !the
public meeting pursus. nt to this subdivision. The envelope of the cover of the mailing
shall include the name of the 'local agency and the return address of the sender. This
mailed notice shall be in at le..~'10-poinl ~ and be given to all property owners
proposed to be subject to the new or increased assessment by a mailing by name to those
persons whose names and addresses appear on the last equalized county assessment roll
or the State Board of Equalization assessment roll, as the case may be.
(2) The notice required by paragraph (1) .~::~:L:~:!i::i~i_,'~,~O shall include, but not
be limited to, the following:
(A) The estimated amount of the assessment per parcel. If tlie ~ra
is propo~.. re.be in~.rnm m~, p~'?~. _. y~...',.~,a~ joint noti~'r, lnli
~s~meat in~teas¢.
(B) A general description of the purpose or improvements that the
assessment will fund,
(C) The address to which property owners may mail a protest against the
assessment.
(D) The phone number and address of an individual, office, or
organization'.that interested persons .may contact ~o receive additional information
about ~h¢ assc~ment.
Jr, x (E) If applieablc, a ~A statement that a majority protest ~"~" will cause
the assessment to be abandoned if the assessment act used to levy:!:~i~k~ser, smem
so provides~ii::Nofice :must:::also::state the percentage of protests required to trigger
an election, if applicable.
~ (F) The dates, times, and locations of the public meeting and hearings
described in subdivision (a).
21
(3) Notwithstanding paragraph (1); in the caseof an assessment whi~ is proposed
exclusively for operation and maintenance expenses for an entire city, coLm~;' or :district,
or operation and maintenance assessments :proposed to be levied on 50,000 parcels or
more;. notice may be'provided :pursuant:to paragraph(I) of :subdivision (b) and .shall
include the information required by!pata~aph::(2) of subdMsion (c);
(4) Notwithstanding paragraph (1), in the ,-~e of an assessment proposed to be
levied pursuant to Part 2 (commencing with Section 22500) of Dis4slon 2 of the Slxeets
and Hi~.hwavs Code by a retzional oark district, regional park and open-spa~ district,
regioual" OLd-? d~sttia~onn~l:i:
55oo) of Omp .r 3 of Division'5: d
parngraph (1)'Of subdivision
(d) The notice requirements imposed by this section shall be construed as
additional to, and not to supersede, existing provisions of law, and shall be applied
concurrently with the existing provisions so as to not delay or prolong the governmental
decisionmaking process.
....... ~ .......................shall
(e) $ubdiviaiova (b) and (c) i::..:~:~i..'~:~i~not apply to any new or increased
general tax or any new or increased assessment that requires an election of the property
owncrs or regi~tered voters subjoct to the prop~cd gcneral tax or or~cssrr. ent. '":'~i~
(2)'The voters.within ttte:dtyi.'eo.uaty, spedal district, or'joint powers a~hOiity
imposing the t~ or assessment.
(f) Nothing in this section shall prohibit a local agency from holding a
consolidated ?~'~i'e'~i'~ri:~.ii~:116i~ hearing at which the legislative body discusses multiple tax or
assessment proposals.
(g) The local agency may recover the .....'~'-:" '""~'15i'~ costs of
:~c hearings~ and notice required by this section:'::'from the proceeds of the tax or
assessment. The costs recovered for .these purposes, whether'recovered pursuant to this
subdivision or may other provision of law, shall not exceed the reasonable costs of the
public meetings, public hearings, and notice.
(Amended by SB 376, an urgency measure)
22
54955.
Adjournment; adjourned meetings
The legislative body of a local agency may adjourn any regular, adjourned regular,
special or adjourned special meeting to a time and place specified in the order of
adjournment. Less than a quorum may so adjourn from time to time. If all members
are absent from any regular or adjourned regular meeting the clerk or secretary of the
legislative body may declare the meeting adjourned to a stated time and place and he
shall cause a written notice of the adjournment to be given in the same manner as
provided in Section 54956 for special meetings, unless such notice is waived as provided
for special meetings. A copy of the order or notice of adjournment shall be
conspicuously posted on or near the door of the place where the regular, adjourned
regular, special or adjourned special meeting was held within 24 hours after the time of
the adjournment. When a regular or adjourned regular meeting is adjourned as provided
in this section, the resulting adjourned regular meeting is a regular meeting for all
purposes. When an order of adjournment of any meeting fails to state the hour at which
the adjourned meeting is to be held, it shall be held at the hour specified for regular
meetings by ordinance, resolution, by law, or other rule.
54955.1. Continuance
Any hearing being held, or noticed or ordered to be held, by a legislative body of
a local agency at any meeting may by order or notice of continuance be continued or
reeontinued to any subsequent meeting of the legislative body in the same manner and
to the same extent set forth in Section 54955 for the adjournment of meetings; provided,
that if the hearing is continued to a time less than 24 hours after the time specified in
the order or notice of hearing, a cow of the order or notice of continuance of hearing
shall be posted immediately following the meeting at which the order or declaration of
continuance was adopted or made.
54956.
Special meetings; call; notice
A special meeting may be called at any time by the presiding officer of the
legislative body of a local agency, or by a majority of the members of the legislative
body, by delivering personally or by mail written notice to each member of the legislative
body and to each local newspaper of general circulation, radio or television station
requesting notice in writing. The notice shall be delivered personally or by mail and
shall be received at least 24 hours before the time of the meeting as specified in the
notice. The call and notice shall specify the time and place of the special meeting and
the business to be transacted. No other business shall be considered at these meetings
by the legislative body. The written notice may be dispensed with as to any member who
at or prior to the time the meeting convenes files with the clerk or secretary of the
legislative body a written waiver of notice. The waiver may be given by telegram. The
written notice may also be dispensed with as to any member who is actually present at
the meeting at the time it convenes. Notice shall be required pursuant to this section
regardless of whether any action is taken al the special meeting.
The call and notice shall be posted at least 24 hours prior to the special meeting
in a location that is freely accessible to members of the public.
54956.5. Emergency meetings in emergency situations
In the case of an emergency situation involving matters upon which prompt action
is necessary due to the disruption or threatened disruption of public facilities, a
legislative body may hold an emergency meeting without complying with either the 24-
hour notice requirement or the 24-hour posting requirement of Section 54956 or both of
the notice and posting requirements.
For purposes of this section, "emergency situation" means any of the following:
(a) Work stoppage or other activity which severely impairs public health, safety, or
both, as determined by a majority of the members of the legislative body.
(b) Crippling disaster which severely impairs public health, safety, or both, as
determined by a majority of the members of the legislative body.
However, each local newspaper of general circulation and radio or television
station which has requested notice of special meetings pursuant to Section,54956 shall be
notified by the presiding officer of the legislative body, or designee thereof, one hour
prior to the emergency meeting by telephone and all telephone numbers provided in the
most recent request of such newspaper or station for notification of special meetings
shall be exhausted. In the event that telephone services are not functioning, the notice
requirements of this section shall be deemed waived, and the legislative body, or
designee of the legislative body, shall notify those newspapers, radio stations, or
television stations of the fact of the holding of the emergency meeting, the purpose of
the meeting, and any action taken at the meeting as soon after the meeting as possible.
Notwithstanding Section 54957, the legislative body shall not meet in closed
session during a meeting called pursuant to this section.
All special meeting requirements, as prescribed in Section 54956 shall be
applicable to a meeting called pursuant to this section, with the exception of the 24-hour
notice requirement.
The minutes of a meeting called pursuant to this section, a list of persons who the
presiding officer of the legislative body, or designee of the legislative body, notified or
attempted to notify, a copy of the rollcall vote, and any actions taken at the meeting
shall be posted for a minimum of 10 days in a public place as soon after the meeting as
24
E.30
possible.
$49S6.6. Fees
No fees may be charged by the legislative body of a local agency for carrying out
any provision of this chapter, except as specifically authorized by this chapter.
54956,7. Closed sessions; license applications; rehabilitated criminals
Whenever a legislative body of a local agency determines that it is necessary to
discuss and determine whether an applicant for a license or license renewal, who has a
criminal record, is sufficiently rehabilitated to obtain the license, the legislative body may
hold a closed session with the applicant and the applicant's attorney, if any, for the
purpose of holding the discussion and making the determination. If the legislative body
detecttrines, as a result of the closed session, that the issuance or renewal of the license
should be denied, the applicant shall be offered the opportunity to withdraw the
application. If the applicant withdraws the application, no record shall be kept of the
discussions or decisions made at the closed session and all matters relating to the closed
session shall be confidential. If the applicant does not withdraw the application, the
legislative body shall take action at the public meeting during which the closed session is
held or at its next public meeting denying the application for the license but all matters
relating to the closed session are confidential and shall not be disclosed without the
consent of the applicant, except in an action by an applicant who has been denied a
license challenging the denial of the license.
S4956.8. Real property transactions; closed meeting with negotiator
Notwithstanding any other provision of this chapter, a legislative body of a local
agency may hold a closed session with its negotiator prior to the purchase, sale,
exchange, or lease of real property by or for the local agency to give instructions to its
negotiator regarding the price and terms of payment for the purchase, sale, exchange, or
lease.
However, prior to the closed session, the legislative body of the local agency shall
hold an open and public session in which it identifies the real property or real properties
which the negotiations may concern and the person or persons with whom its negotiator
may negotiate.
For the purpose of this section, the negotiator may be a member of the legislative
body of the local agency.
For purposes of this section, "lease" includes renewal or renegotiation of a lease.
25
Nothing in this section shall preclude a local agency from holding a closed session
for discussions regarding eminent domain proceedings pursuant to Section 54956.9.
54956.9.
Pending litigation; closed session; abrogation of privilege; notice;
memorandum
Nothing in this chapter shall be construed to prevent a legislative body of a local
agency, based on advice of its legal counsel, from holding a closed session to confer with,
or receive advice from, its legal counsel regarding pending litigation when discussion in
open session concerning those matters would prejudice the position of the local agency in
the litigation.
For purposes of this chapter, all expression of the lawyer-client privilege other
than those provided in this section are hereby abrogated. This section is the exclusive
expression of the lawyer-client privilege for purposes of conducting closed-session
meetings pursuant to this chapter.
For. purposes of this sagtim!.,~litigatian', '~la~:a~ ~ijudieato~ Ig, oee~;a~¢~
For purposes of this section, litigation shall be considered pending when any of
the following circumstances exist:
(a) An adjudieato~ proceeding before a court, nd.liai~trative body excreting its
adjudicatoff authority, hearing officer, or arbitrator ¥-'~'~, to which the local agency
is a party, has been initiated formally.
(b) (1) A point has been reached where, in the opinion of the legislative body of
the local agency on the advice of its legal counsel, based on existing facts and
circumstances, there is a significant exposure to litigation against the local agency.
(2) Based on existing facts and circumstances, the legislative body of the local
agency is meeting only to decide whether a closed session is authorized pursuant to
paragraph (1) of this subdivision.
For purposes og paragraphs (1) and (2), "existing fac~s and dr '~i~r~ceSf~i:~hait
consist only of one of the following:
(A~) :Fact~ and'circumstances that might result in litigation
ageacy but which the agency believes are not yet known to a potential p!aint'~ff or
plaintiff~::.which facts a.n~l:~Cu~tances n~d not be disclosed.
(B) Facts and cii-cu"mst'ances,:incl~tding but ntt limited to, an accident,
26
disaster, incident, or transactional occurrence that might result in litigation against
the agency and that are known to a potential plaintiff or plaintiffs, which facts or
circumstances shall be publicly stated on the agenda or announced.
(C) The receipt of a claim pursuant to th~ Tort Claims Act or ~ome other
written communication from a potential plaintiff threatening litigation, which
claim or communication shall :tin available.for public inspection ~ant to
Section! 54957.5~
(D) A'statement made by a person in an open and public meeting
thr~ate_nln_g litigation on a specific matter within the responsibility.of the
tegislative::body~
(E) A statement t!~ ~eat~niag'li~ation mail~'bl/~ ~n o~!~'~
and ~bNc meeting m~ on'a ~c ~Uer ~n ~ ~ibffi~ of
le~agve ~dy so long ~ ~e offi~ or eraplace.of the 1~
~owi~ge of the ~re~ ~ a ~n~m~r~eom.~rd or o~r..re~
smt~ent prior to ~e .m~ ~ r~d ~.~ ~la~ fm pubffc
i~ p~t-to ~i~n~957.5. :' ~ ~:~ ~t~ ~,~'
(F) Nothiag in this s~on shall r~luire disclosure of written
codt~munkafions that are'priidle~d,mitl'not snbj~tt~ d' .~1~. _im 'mmnt ~ the
Public Records'Agt (Clmpter 3.5 (cornm~cit
Division 7 of Title 1).
(c) Based on existing facts and circumstances, the legislative body of the local
agency has decided to initiate or is deciding whether to initiate litigation.
Prior to holding a closed session pursuant to this section, the legislative body of
the local agency shall state publicly to ~.v. hich subdivision it is pursuant
the session is closed pursuant to subdivision (a), the body shall state the title of or
otherwise specifically identify the litigation to be discussed, unless the body states that to
do so would jeopardize the agency's ability to effectuate service of process upon one or
more unserved parties, or that to do so would jeopardize its abiliry to conclude existing
settlement negotiations to its advantage.
A local agency shall be considered to Iaea "parry" or to have a "significant
exposure to litigation" if an officer or employee of the local agency is a party or has a
significant exposure to litigation concerning prior or prospective activities or alleged
27
activities du.gng tbe courae and scop~ of that offica or emptoyment,::iaciuding litigation in
which it iS _ :~ss~e wnemer and activity is outside the course.: and:s ope of th~ office or
employment.
The icgal counsel of thc legislative body of the local agcnoy shall prepare and
submit to the body a memorandum stating the specific reasons and !cgnl authority for
the closed session. If the closed session is pursuant to subdivision (n), the memorandum
shall include the title of the litigation. If the closed session is pursunnt to subdivision (b)
or (c), the memorandum shall include the existing facts and circumstances on which it is
based. The legal counsc] shall submit the memorandum to the body prior to thc dosed
session if foa~iblc, and in any caac no later than one wcck after the elo,'~d session. The
memorandum shall be cxcmpt from disclo,:,urc pursuant to Section 6254.1.
For purposes of this t~tion, "litigation' includes any adjudicato,¥ proceeding,
including eminent domain, before a eour~ ad.dn~rativc body exercising its adjudicatory
authority, hearing officer, or arbitrator.
(Amended by SB 36 and AB 1426)
Note: The langua~ in italics indicates language in AB 1426 which was not in $B 36. $inc~ SB 36 was
chaptered later, the language is presently not in the new law.
$4956.95.
Closed sessions; insurance pooling; tort liability losses; public liability
losses; WoFkeFs' compensation liability
(a) Nothing in this chapter shall be construed to prevent a joint powers agency
formed pursuant to Article 1 (commencing with Section 6500) of Chapter 5 of Division 7
of Title 1, for purposes of insurance pooling, or a local agency member of the joint
powers agency, from holding a closed session to discuss a claim for the payment of tort
liability losses, public liability losses, or workers' compensation liability incurred by the
joint powers agency or a local agency member of the joint powers agency.
(b) Nothing in this chapter shall be construed to prevent the Local Agency Self-
Insurance Authority formed pursuant to Chapter 5.5 (commencing with Section 6599.01)
of Division 7 of Title I, or a local agency member of the authority, from holding a closed
session to discuss a claim for the payment of tort liability losses, public liability losses, or
workers' compensation liability incurred by the authority or a local agency member of
the :authority.
(c) Nothing in this section shall be construed to affect Section 54956.9 with
respect to any other local agency.
28
54957. Closed sessions; threat to public services; personnel matters; exclusion of
witnesses
Nothing contained in this chapter shall be construed to prevent the legislative
body of a local agency from holding closed sessions with the Attorney General, district
attorney, sheriff, or chief of police, or their respective deputies, on matters posing a
threat to the security of public buildings or a threat to the public's right of access to
public services or public facilities, or from holding closed sessions during a regular or
special meeting to consider the appointment, employment, evaluation of performance, or
dismissal of a public employee or to hear complaints or charges brought against :'.'.c~ the
employee by another person or employee unless :uch the employee requests a public
"~--'-~ :AS conddion to:holding el ~fie complaintS
........ ~ 8e~10II. ::a: ai ::tteti$1oll oil: .or
charges brought agaimt an employee by snother
~. , pers~.?~,,o~r employee, the employee shall
be givell'wrt'ttell~nOtice of his or
open seatdOn rathe. r~.than a clol~l session, which notice.shall b~ d, livered to
employee personally or by mail at least ~ hours before the 'tn~ for holding the
If notice.~.~,,~ot ~.v,~ any disciplinary or other action t~en by the legislative body
aga/ns! ~h~:e. mplgl~.~ basexl on th. speaific ~maplaims or ch~8~sia the dosed session
.__ - .......~- that public
shall I~'.~t aalt~O'ta_ The legislative body also may ~xclude from .,..j
or closed meeting, during the examination of a witness, any or all other witnesses in the
matter being investigated by the legislative body.
an iz.ut,pendent. con~,ctor who. fun~ons as an officer or.an.ea~.,.o~e but shall not
· :""" ' "~"' "~:' * ' t~t'"'" : ..,,~t ...... ", ~,.~ .,,
pursuant to this section shall not include di-scu'.~sions of a locnl'nsency's available fundt,
funding priorities, or budget.
For thc purposes of this section, the term "employee" shall not inetudc any person
elected to office, or appointed to an office by the legislative body of a local agent;
provided, however, that nonclcctivc positions of cit3' manager, county administrator, city
attorney, county counsel, or a department head or other similar administrative officer of
a local agcn~ shall bc considered employee positions; and provided further that
nonelective positions of general manager, chief engineer, legal counsel, district secretary,
auditor, a.,scssor, treasurer, or tax eollc, ctor of any governmental district supplying
scrviecs vAthin limited boundarks shall Ix: deemed employee positions.
Nothing in this chapter shall be construed to prevent any board, commission,
eommittcc, or other body organized and opcratcd by any private organization as defined
in Section 5 ~952 from holding closed sessions to consider (a) matters affecting the
national security, or (b) the appointment, employment, evaluation of performance, or
29
dismissal of an employee or to hear complaints or chargcs brought against such
employee by another person or employee unlc~ such employee rcqucsts a public
hearing. Such body also may exclude from any such public or closed meeting, during the
examination of a witness, any or all other witnesses in the matter being investigated by
the legislative body.
(Amended by SB 36 and AB 1426)
54957.1. Closed sessions; public report of action taken
(a) The legislative body of any local agency shall publicly report at the public
mccting during which the dosed session is hcld or at its ncxt public mccting any action
taken, and any roll call vote thereon, to appoint, employ, or dismiss a public cmploycc
arising out of any dosed session of the lcgi~Aative body. anyactio~ taken in'dosed
session and'~h .~.yot.e. o~ abg't6nfi'Sn of.every.member pr6sent there,'as .fo!loy~,!
(1) App ,al ot an a~,~m~t concluding real eatate ,,tmgotiatiom pumaant
to Section 54956~ shall be ~eported aftel *he a~reement is final, ns spetified
report. that approval and th¢~,13~...t!,..~e of the agree. re.ca,it 'm open.. ,action at
of the agreement upon inquiry by any penson, as loon'as the other party or
its agont frei inform~l the Io~i agency of its approval
(2) Approval given to the bodl~l~.legal courtsc~ to de'Fend, or ~ or refrain
from seeking appellate,review or relief, or, to emer as an amicus curiae in any
form of litigation is the result of a.conatlltation u~dex Section,-~4956.9 shall bg
reported in open ses,_~i.o~n'.at the public m~¢fing {~uring Which.t:h~ d .,o~1 ae,,nSiOn/a
held[.] The report shall'identi~y, if knoxOn, the adverse party Or parties 'land the
substance of the litigation. In the case of approval given to initiate or intervene
in an action, the announcement need not identify the action, the defendants, or
other particulars, but shall specify that the direction to initiate or intervene in an
action has been given and that the action, the defendants, and other panicutah
shall, once formally commenced, be disclosed to any person upon inquiry, unless
to do sol would jeopardize its ability to effectuate :service of process on oneor
more urtserved parties, or that to do so would jeopardize its ability to conclude
existing settlement negotiations to its advantage;
(3) Approval given to the body's legal counsel of a settlement of pending
30
litigaiion, as defined in Section 54956.9, at any stage prior to or during a judicial
or quasi-judicial proceeding shall be reported after the settlement is final, as
specified below:
(A) If the: body accepts a settlement offer signed by the opposing
party, the body shall report its acceptance and identify the substance of the
agreement in open scsiion at :tl~ p~lic meeting during which the closed
session is held.
(B) If final;.:~provalr~ts with some other party tO the. litigation or
with the court, then as soon as the settlement becomes rma!/.:and upon
inquiry by any person, the local ag, ncy shall disclose tbe:f.act ::.~i~i!i[~
approval, and id~n ~.t~...lh¢ s.u. bst*_~ce of the agreement.
(4) Disposition reached as.~ claims discussed in closed se.~ion pursuant to
Section 54956.95 shall be reported as soon as reached in a manner that identifies
the ;name of ~he ct~imnt, the nn~e of the ioc~ ~mcy cl~'Tted a~n~'the
.~ubStsn~ of the claim, and any.m?.nets~ amount approved for payment and
(5) Action taken to appoint, employ, dismira, accept the resignation ~.
oth..'~.ea~..'.s~ 'nffect tl~ emplolm~,nt....ala~S. 'of'a public employee i- ~ ~ .'..~ .....
~ 'ii'~,iheut of this pmaamph,n~mithstnndin&'the'relmn of
fim'~.r.~ of sa empl,//.t m,~a,al~'"shall be defmvd ~til fi~.~,...,~
na~mg following the eahanstion,~f adminisarative remedies, if any.
{6) '.Approval of ~tn"'a~r~e~ii~iif '6m~'luding labor' negotiations putimnnt
Sect[on 54957.6 shall be reported'~te, r.lbe slUrcement is f'mal and hn~ been
a~cepted or,,ralified ~ the other.pml~j. Tag report shall identi~ thg~item
approved :and'th~ other party or partii~tO the n~gotiation.
(b) Repor~ that are required to be made pursuant to tl'ds :se'ctioni!'m'a~!~b~i:made
orally or in.writing. The legislative body 'shall provide to any p~rmn wh0:has.~sulxniUnd
a written request to the legislative body within 2~ hours of the posting !:Ofi::t'~' ~nda,.o~
to any penon who has made a standing request for all documentation as: pan'i:!ofa
request for notice of meetings pursuant m Section 54954.1 or 54956, if'd~::'requester is
present ai':the time the.dosed session ends, copies of any contracts, settlement
agreement.s, or other documents that were finally approved or adopted in tbe c10sed
session. If the action taken results in one or more substantive amendments to the
related documents requiring retyping, the documents need not be released until the
retyping is completed during normal business hours, provided that the presiding officer of
31
the legislative body or his or her designee orally summarizes the substance :of
amendmen~ for the benefit of the document requester or anylother person::pres~rit and
requesting the information.
(c) Thedocumentation referred to in .p~aph Co) shall be available to any
person on the next business day folloiving the meeting inwhich the: action referred
taken or,.in :the case iof substantial 'amendmen~!~n any n~azy:retyp'mg is
complete;
(d) Nothing in this section shall be construed to require that the legislative body
approve actions not otherwise subject to le~imtlv~' ' 'a aL
(e) N'o action for inju~ io a repu~tiomfl~' h'l:mhl/;;.or other p~rsonal interest may
be commenced b~ or on behalf of any,e~~:~ormet ,e.mp..19yee with re~pe, ct ~o who
a disclosure is.'ma~e by 'a legishtive ~ ~bad~ i.si~/~lG~ ~:mmp¥~tb 'thls's&-tion. '
(Amended by SB 36 and AB 1426)
Note: The punauation in brackcts is punctuation in AB 142~ but no~ in SB 36. Since SB 36 was chapleted
after AB 142fi, the punctuation is missing from the new law.
54957.2. Minute book record of closed sessions; inspection
(a) The legislative body of a local agency may, by ordinance or resolution,
designate a clerk or other officer or employee of the local agency who shall then attend
each closed session of the legislative body and keep and enter in a minute book a record
of topics discussed and decisions made at the meeting. The minute book made pursuant
to this section is not a public record subject to inspection pursuant to the California
Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title
1), and shall be kept confidential. The minute book shall be available only to members
of the legislative body or, if a violation of this chapter is alleged to have occurred at a
closed session, to a court of general jurisdiction wherein the local agency lies. Such
minute book may, but need not, consist of a recording of the closed session.
(b) An elected legislative body of a local agency may require that each legislative
body all or a majority of whose members are appointed by or under the authority of the
elected legislative body keep a minute book as prescribed under subdivision (a).
32
54957.5.
Agendas and other writings distributed for discussion or consideration at
public meetings; public records; inspection; closed sessions
(a) Notwithstanding Section 6255 or any other provisions of law, agendas of public
meetings and a~ other writings, when distributed to all, or a majority of all, of the
members of a legislative body of a local agency by a mcmbcr, officer, cmployce, or agent
of such body for any person in connection with amatter:::subje~t!ito discussion or
consideration at a public meeting of :uz.'. the body, are public records under the
California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division
7 of Title 1) as soon as distributed, and shall be made available pursuant to Sections
6253 and 6256 without delay. However, this section shall not include any writing exempt
from public disclosure under Section 6253.5, 6254, or 6254.7.
(b) Writings which arc public records under subdivision (a) and which are
distributed prior to commencement of a public meeting shall be made available for
public inspection upon request prior to commencement of such meeting.
(c) Writin3s which arc p~._bllc recoils under s~bdivision'(&) nnd which are
distribmed~dugn~"a~ublic meziing. gaal] In~'mlide IValhtble' .f-dd'*publi~' ingl~on'~lat!~
m~ting if ~:! 'by the Im:~l ~ney or · 'member of i~ ,,!~. lalive body.'"~i;'Lff~' t!~
meetin$i~.~4uplzt~!,, by some,~',ll~erso~
(e) Writings which arc publie records under subdivision (a) and xvhieh are
dhtributed during a public meeting and prio~ to commcnocmeat of their di~-ao~ion at
such meeting shall be made available for public inspcotion prior to commencement of,
and during, their discussion at suean meeting.
(d) Writings which arc public records under subdivision (a) and which arc
distributed during their discttssion at a public meeting shall be made available for public
inspection immediatcly or as soon thereafter as is practicable.
(~ (:fl~ Nothing in this section shall be construed to prevent the legislative body of
a local agency from charging a fee or deposit for a copy of a public record pursuant to
Section 6257.
(e) This section shall not be construed to limit or delay the publics fight to
inspect any record required to be disclosed under Thc writings described in sulxlivi~ions
(b), {c), and (d) arc subject to the requirements of the California Public Records Act
(Chapter 3.5 (commencing with Section 6250), Division 7, Title I) and subdivisions (b),
(c), and (d) shall not bc construed to exempt from public inspection any record covered
by that act, or to limit the public's right to inspect any record required to be disclosed ~/
that act. This scction shall not bc construed to bc applicable to any writings solely
because they arc properly discussed in a closed scss/on of a legislative body of the local
agency. Nothing in this chapter shall be construed to require a legislative body of a local
33
agency to place any paid advertisement or any other paid notice in any publication.
(f) "Writing" for purposcs of this scction mca~ "writing" a3 dcfincd undcr Scction
(Amended by SB 36 and AB 1426)
Note: Language in italics is language added by SB 36 but not added by AB 1426. Since SB 36 was chaptered
after AB 1426, the italicized language is in the new law.
54957.6.
Closed sessions; legislative body of local agencies; salaries, salary
schedules or fringe benefits; mandatory subjects
(a) Notwithstanding any other provision of law, a legislative body of a local
agency may hold closed sessions with the local agency's designated representatives
regarding the salaries, salary schedules, or compensation paid in the form of fringe
benefits of its represented and unrepresented employee.% algt~og,i!~teae,~a~e. d
e~ee~ ........................... ' " ' '~"*~ '~' ....... " "'
Closed se~io~ of a icelathe b~7 of a 1o~1 ~ea~, ~ ~tt~ ~ ~2 se~o~ sh~]
be for the p~e of re~e~ng i~ ~sition ~d i~ing ~e l~ agents desi~ated
representa~ves. Closed se~iom, ~ peatted in ~is sectio~ may ~e place p~or to
~d d~ng comulm6om ~d ~ssiom ~ repregntatives of employee org~tio~
and u~epresented employees.
For the purposes enumerated in this section, a legislative body of a local agency
may also meet with a state conciliator who has intervened in the proceedings.
(b) In addition to the eloc, ed ussions authorii~! by sulMivision (a), the lcgislativc
body, as dcfincd by ~,~,etions 54952, 54952.2, 54952.3, and 54952.5, of a public agency, as
deftnod by subdivision (c) of Section 3501, may hold olo~l s~sions with its dcsignatod
rcprcscntativcs on mandatory subjects within thc scope of rcprcscntation of its
rcprescnted cmployecs, as dctctminod pursuant to Section 3504.
(b) For the purposes of this section, the te,',u "employee" shall include an officer
or a.e independent contractor who functions as an officer or an employee, but shall not
include any elected official, member of a legi$1ativ¢ body, or other independent
contractors,
(Amended by SB 1140)
34
54957.7. Closed sessions; disclosure of items to be discussed; notice
(a) Prior to ~ holding any closed session, the legislative body of the local
agency shall state the general rc~son or reasons for the closed session, and may cite the
statutory authority, including the specific ~ction and ~bdivision, or other legal authority
under which the session is being held. In the closed session, the legislative body may
consider only those mattcrg covered in its statement. In the eo.se of special, adjourned,
and continued meetings, the statement shall bc made 0a part of the notice provided for
the special, adjourned, or continued meeting. Nothing in thi~ section shall require or
authorize the giving of names or other information which would constitute an invasion of
pricey or othenvisc unnecessarily divulge the particular facts concerning the dosed
:~¢~c,n. disdo~ in ~m olin m~tin~. the item or items Io h~ discu.~d in the cloud
session. Tlaz aizelmure may t~e the form o~ a L~r~z~..~ ~e itzrn or ttzm~ ~s thzy
any elo.~ed .~e~on, the legislative ,,b~,. shall reconvene into open Son
' ~,m~mmnent and ~all'maim any dir..losures'~r~flr~ by Seaion 54957.1 of
action taken in ~z cloaed seasion.
~nonn~en~tits.
(Amended by SB 36 and AB 1426)
54957.8.
Closed sessions; legislative body of a multijurisdictional drug law
enforcement agency
Nothing contained in this chapter shall be construed to prevent the legislative
body of a multijurisdictional drug law enforcement ager, cy, or-an advisory body of a
multijurisdictional drug law enforcement agency, from holding closed sessions to discuss
the case records of any ongoing criminal investigation of the multijurisdictional drug law
enforcement agency or of any party to the joint powers agreement, to hear testimony
from persons involved in the investigation, and to discuss courses of action in particular
cases.
"Multijurisdictional drug law enforcement agency," for purposes of this section,
means a joint powers entity formed pursuant to Article 1 (commencing with Section
6500) of Chapter 5 of Division 7 of Title I, which provides drug law enforcement
services for the parties to the joint powers agreement.
35
The Legislature finds and declares that this section is within the public interest, in
that its provisions are necessary to prevent the impairment of ongoing law enforcement
investigations, to protect witnesses and informants, and to permit the discussion of
effective courses of action in particular cases.
54957.9. Disorderly conduct during meeting; clearing of room
In the event that any meeting is wilfully interrupted by a group or groups of
persons so as to render the orderly conduct of such meeting unfeasible and order cannot
be restored by the removal of individuals who are wilfully interrupting the meeting, the
members of the legislative body conducting the meeting may order the meeting room
cleared and continue in session. Only matters appearing on the agenda may be
considered in such a session. Representatives of the press or other news media, except
those participating in the disturbance, shall be allowed to attend any session held
pursuant to this section. Nothing in this section shall prohibit the legislative body from
establishing a procedure for readmitting an individual or individuals not responsible for
wilfully disturbing the orderly conduct of the meeting.
54958. Application of chapter
The provisions of this chapter shall apply to the legislative body of every local
agency notwithstanding the conflicting provisions of any other state law.
54959.
Penalty for unlawful meeting
Each member of a legislative body who attends a meeting of ~'.'.¢~ i~..:~ legislative
body where action is taken in violation of any provision of this chapter, with knowlcdgc
of the fact that the mccting is in ~4olation thcreof wrongful intent to deprive the,public
of information to which it is'~nfitl~cl~nder this chapter, is guil~ of a misdemeanor.
(Amended by SB 36 and AB 1426)
54960.
Action to prevent violations or determine applicability of chapter
(a) i::The::.disl 'tHCl::ati'6i;~"~i~i!!i:6:i/i!aAny interested person may commence an action by
mandamus, injunction or declaratory relief for the purpose of stopping or preventing
violations or threatened violations of this chapter by members of the legislative body of a
local agency or to determine the applicability of this chapter to actions or threatened
future action of the legislative body, olrl ~i determine;~.thevali:dity under 'the ta 'wsofthi~
state or of the:United States::0fany rule: or action by:the legislative body:to'penalize or
otherwise discourage the expression o£ one:or:more of its members, or to'compel the
legislative body to tap~ record its closed sessions as :hereinafter provided.
(b) The court in its discretion may, upon a judgment of a violation of Sections
36
54956.7, 54956.8, 54956.9, 54956.95, 54957, or 54957.6, order the legislative body to tape
record its dosed sessions and preserve the tape recordings for the period and under the
terms of security and confidentiality the court deems appropriate.
(c) (1) Each recording so kept shall be immediately labeled with the date of the
closed se~ion recorded and the title :of the clerk or other officer who shall be custodian
of thc recording,
ao 'ught ~ ~eithe~ i~.th~: .di~ri~ attomelt or ~:the p!aintiff in:a civil ~
pm-suaat~ to iSe 'cgon:!5495~;i54.960,~or:54960,t~all~ging that a~i~i':
this chapter has Occurred in a dosed setsion Which has be~"~t"~d '
pursuant to this section. the party. seeking dise. overy. or disclosure abel! file
a written notice of motion with the appropriate court with notice.to'the
governmental agency which has custody and consol of the tape reieording.
'I'h¢ notice shall b~ ~iven pursuant to subdivision Co) of Secti6n'10~,,. ot the
Code.'of
(B) The notice, shall include, in addition ~o the items re. qm~/'.ed by
secaon 10i0 ot, t c. ..of ovii..Premium au of fol
disclosure is sought, the party seekin~ discovery or dli~lC"'Y~ii]ie
date and time'Of .the meetins re~orded, and the ~,ove, 'anmila'~tity
which hu custody and control of the recording.
(ii).An-at~4avit which contains spe~:ific facts ixadic~6~g ti~t a
violation of the act occurred in the cloaed session.
(c) If the'court, forlowing a review of the motion, finds that 'there is
good cause to believ~ that a violation has occurred, the cout~"may"t,L.e~ew,
in camera, the recording of that portion of the closed session alleged to
have violated the act.
(4)::If,' following xhe ili~ ~era:': review; the Court 'COnCludes that d'"~sclosure~?of: a
po~on :of thexecording:would :be likely.to materially assist in the: resolution of the
litigation:allcging:~olation of:this chapter, the court shall, in its discretion, makea
certified transcript of the portion of the recording a public exhibit in the proceeding.
37
(5) Nothing in this section shall permit discoyeD, of communications which are
protected by the attorney-client prlvilege;
(Amended by SB 36 and AB 1426)
54960.1.
Unlawful action by legislative body; action for mandamus or injunction;
prerequisites
(a) The 'district attorney:i0r.::'a,X. ny interested person may commence an action by
mandamus or injunction for the purpose of obtaining a judicial determination that an
action taken by a legislative body of a local agency in violation of Section 54953, 54954.2,
54954.5.~ 54954.6, or 54956 is null and void under this section. Nothing in this chapter
shall be construed to prevent a legislative body from curing or correcting an action
challenged pursuant to this section.
(b) Prior to any action being commenced pursuant to subdivision (a), the
att0f~'~i~ interested person shall make a demand of the legislative body to cure or
correct the action alleged to have been taken in violation of Section 54953, 54954.2,
5'495~j~:i54954.6, or 54956. The demand shall be in writing and clearly describe the
challenged action of the legislative body and nature of the alleged violation.
The written demand shall be made within ~0 ~ days from the date the action was
was taken. Within 30 da.~s of receipt of the demand, the legislative body" shall cure or
correct the challenged action and inform the demanding party in writing of its actions to
cure or correct or inform the demanding party in writing of its decision not to cure or
correct the challenged action. If the legislative body takes no action within the 30-day
period, the inaction shall be deemed a decision not to cure or correct the challenged
action, and the 15-day period to commence the action described in subdivision (a) shall
commence to run the day after the 30-day period to cure or correct expires. Within 15
days of receipt of the ~xitten notice of the legislative body's decision to cure or correct,
or n0tto: cure.i:.or. eo irreet,.: .0:!~i:::wi~th~.~':~;~.~.~"~"~'~11111~ the expiration of the 30-day period to
cure or correct, or not to eurc or correct, ~4thin 15 days of or within 75 days from thc
datc the ch~llcngcd action was takcn, whichever is earlier, the demanding party shall be
required to commence the action pursuant to subdivision (a) or thereafter be barred
from commencing the action.
(c) An action taken that is alleged to have been taken in violation of Sections
54953, 54954.2, 54954.5,, 54954.6, and 54956 shall not be determined to be null and void
if any of the following conditions exist:
(1) The action taken was in substantial compliance with Sections 54953,
54954.2, 54954.5, 54954.6, and 54956.
38
(2) The action taken was in connection with the sale or issuance of n~tes,
bonds, or other evidences of indebtedness or any contract, instrument, or
agreement thereto.
(3) The action taken gave rise to a contractual obligation, including a
contract let by competitive bid other than compensation for service~ in the form
of salary or fees l~or profea.~iomfi services, upon which a party has, in good faith
andwithout notice :0£ ~ ~11enge to:the validity of the action, detrimentally
relied.
(4) The action taken was in connection with the collection of any tax.
(5) Any persoa,. ~t~, dt~ ~ e~ty, s.~,mty, distrwt, or any ~ea~ ~r
sulxli~ion of th~ siab~'ille.~l~ n~li 'asic~' ~iSth sulxlivisibn (a)'~el~,
54954.~ Seaion 54956, or Section 54956.5 1/ecnuse of any defe~t, 'er~r,
irregulari .ty, or omission in the notice given pursuant to those provisiot~ h~
actual notice of the item'o[ I~,~iae.~'at teas~ 72 hours prior to the meetin~ at
which the action wasltnkoh~f the m~-nin&wns noticed pursuant to Socfion
54SY34~;-or'24 'botJr~J~[PMF~'~t~g'ix'~db' the acfion~ho-ta]d~ll~the
m~fin$ w~ uotlced'l~.ltJ~'t~.,Sertion 54~56, or prior m the
the actinn was taken.if.~be...mee. Rn~ is held lmrSunnt to
(d) During any action seeking a judicial determination pursuant to subdivision (a)
if the court determines, pursuant to a showing by the legislative body that an action
alleged to have been taken in violation of Section 54953, 54954.2, ~gY~ 54954.6, or
54956 has been cured or corrected by a subsequent action of the legislative body, the
action filed pursuant to subdivision (a) shall be dismissed with prejudice.
(e) The fact that a legislative body takes a subsequent action to cure or correct an
action taken pursuant to this section shall not be construed or admissible as evidence of
a violation of this chapter.
(Amended by SB 36 and AB 1426)
54960.5. Costs and attorney fees
A court may award court costs and reasonable attorney fees to the plaintiff in an
action brought pursuant to Section 54960 or 54960.1 where it is found that a legislative
body of the local agency has violated this chapter. The costs and fees shall be paid by
the local agency. and shall not become a personal liability of any public officer or
employee of the local agency.
A court may award court costs and reasonab!e attorney fees to a defendant in any
action brought pursuant to Section 54960 or 54960.1 where the defendant has prevailed
39
in a final determination of such action and the court finds that the action was clearly
frivolous and totally lacking in merit.
54961.
Use of facility allowing discrimination; applicability to local agencies
(a) No legislative body of a local agency shall conduct any meeting, conference, or
other function in any facility that prohibits the admittance of any person, or persons, on
the basis of race, religious creed, color, national origin, ancestry, or sex, or:which is
inacc~'ible :m .disab!ed pcr~omi::0r where membea'a of the public'may not 1:~ present
without m:~kiqg a:'paymcnt:or:purcha.~. This section shall apply to every local agency as
defined in Section 54951, 54951.1, or 54951.7.
notice, agenda, tmnouncement, or report required under this chapter need
identity o[ the person°lass been pubticty discJosed.
(Amended by SB 1140, AB 1426 and SB 36)
Note: Amendments made in SB 36 and AB 1426 which were not made in SB 1140 are identified by italics.
Sinc.~ SB 1140 w~ chaptered last, the italicized language i~ presently not in the new law.
54962.
Closed session by legislative body prohibited
Except as expressly authorized by this chapter, or by Sections 1~;i~i~ 32106 and
32155 of the Health and Safety Code or ~(~J6. and 376~.'~f"..~...~~
C, ode as they apply to hospitals d~,,,/~, or I[duc~ti '0~ ~
pertahilng to school districts and ¢ommunity ~oll*g~ distiicti, no closed session may be
held by any legislative body of any local agency.
(Amended by SB 1140 and SB 36)
Note: Amendments made in SB 36 and AB 1426 which were not made in SB 1140 are identified by italics.
Since SB 1140 was chaptered last, the italicized language is presently not in the new law.
40
Note on Other Code Sections Affected by SB 1140, $B 36, and AB 1426
SB 1140 amended section 35145.5 of the Education Code, repealed section 36808 of the
Government Code.
SB 36 added section 1461 to the Health and Safety Code, as did AB 1426.
AB 1426 added a section 54925.1 to the Government Code, which appears to contain a
typographical error in the section number (the number should be 54952.1.). However,
this language duplicates the language in SB 36 which did indeed add a section 54952.I to
the Brown Act.
Note on Other Code Sections Affected by SB 376
SB 376 also made changes to the following: section 50078.6 of the Government Code
(amended); section 61712 of the Government Code (amended); section 2291.2 of the
Health and Safety Code (amended); sections 2850, 2853, 5194, 9527, 10301, 11302, 18070,
18343, 18663, 22090, 22526, 22556, 22588, 22590, 22624, 22626, 22629, 22630.5, 22631,
36523, and 36523.5 of the Streets and Highways Code (amended); section 11300 of the
Streets and Highways Code (repealed). SB 376 is an urgency measure, which means
these changes are effective immediately.
41