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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