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HomeMy WebLinkAbout17-72 - Resolutions - Recommending Approval Of Develpment Code Amendment DRC2017-00400 RESOLUTION NO.17-72 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF DEVELOPMENT CODE AMENDMENT DRC2017-00400, ADDING ADDITIONAL REGULATIONS AND A DEFINITION FOR HAUNTED HOUSES WITHIN TITLE 17 (DEVELOPMENT CODE) OF THE RANCHO CUCAMONGA MUNICIPAL CODE A. Recitals. 1. The City of Rancho Cucamonga has prepared Development Code Amendment DRC2017-00400, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Development Code Amendment is referred to as "the application." 2. On August 9, 2017, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing on the application and 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 the substantial evidence presented to the Planning Commission during the above-referenced public hearing on August 9, 2017, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. The application applies to property located within the City; and b. On June 14, 2017, the Planning Commission received a Director's Report from City staff outlining the issues concerning haunted houses in the City. The Director's Report included a discussion of the impacts commercial haunted houses have in residential areas and potential "pathways" to mitigate the impacts. c. Based on feedback received from Planning Commission at the June 14, 2017 Planning Commission meeting, City staff prepared an amendment to the Development Code, included as Attachment 1, to address the impacts of commercial haunted houses in residential areas. d. The City proposes to amend the Development Code to add Section 17.104.040.L to Article V— Specific Use Requirement. Section 17.104.040.L includes additional requirements that all haunted house operators must adhere prior to and during operation of haunted houses. e. The City also proposes to amend the Development Code to add a provision to Section 17.104.020.B. The new provision allows for yard displays and decorations to be exempt PLANNING COMMISSION RESOLUTION NO.17-72 DEVELOPMENT CODE AMENDMENT DRC2017-00400 - CITY OF RANCHO CUCAMONGA August 9, 2017 Page 2 from the Temporary Use Permit process and is consistent with a similarly worded exemption provision proposed in Section 17.104.040.L. f. The City also proposes to amend the Development Code to add a definition for "haunted house" to Section 17.126.020 — Universal Definitions. The new definition defines a "haunted house" as temporary use consistent with the Special Amusement Building definition found in the California Fire Code. The definition also defines a haunted house as any enclosed or semi-enclosed structure where access is provided to members of the general public. g. The proposed modifications work with the existing requirements for a Temporary Use Permit. The new haunted house definition in Section 17.126.020 clarifies what types of structures require a Temporary Use Permit. The proposed regulations in in Section 17.104.040.L are designed to prevent the operation of haunted houses within proximity of residences, while allowing for yard displays and decorations where the public does not have access. The proposed regulations also limit the number of days a haunted house may be in operation, require proof of adequate onsite circulation, restrooms, security personnel and payment of all associated fees. 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 1 and 2 above, this Commission hereby finds and concludes as follows: a. This amendment does not conflict with the Land Use Policies of the General Plan and will provide for development, within the district, in a manner consistent with the General Plan and with related development. This amendment proposes new requirements for haunted houses in the Development Code to be more consistent with the General Plan's Land Use Policies. In the past couple of years, residential haunted houses in the City have become more business-oriented and commercial in nature. Some haunted house operators are charging fees and operating for longer lengths of times. Many advertise their haunted house through social media resulting in larger crowds. The result has been an increase in noise, traffic and other public nuisances in surrounding neighborhoods. The goals of the General Plan's Land Use Policies include protecting, maintaining, and enhancing established residential neighborhoods. The General Plan also encourages public safety and compatibility between uses in residential areas. The operation of commercial haunted houses in residential areas is not a compatible land use with other residential uses. Commercial haunted houses generate impacts upon existing neighborhood and have led to complaint, while decreasing the level of public safety in these neighborhoods. Prohibiting commercial haunted houses in residential areas will enhance public safety while protecting the integrity of existing residential neighborhoods; and b. The proposed amendment will not be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity. Over the last few years, the Fire Department has inspected a number of haunted houses and have issued correction notices for a variety of unsafe structures. Violations of the Fire Code has included the use of non- fire rated materials for decorations; improper setup of electrical equipment; and the lack of fire detectors, fire prevention equipment, emergency and non-smoking signs, and proper ingress/egress points. Haunted houses structures are also often constructed in the backyard near swimming pools, which increases the likelihood of a pool-related accident. Each violation poses a danger to the well-being of the operators, employees, and members of the general public. PLANNING COMMISSION RESOLUTION NO.17-72 DEVELOPMENT CODE AMENDMENT DRC2017-00400 - CITY OF RANCHO CUCAMONGA August 9, 2017 Page 3 In addition to the risk of fire, haunted houses encourage an increase in pedestrian and vehicular traffic in the residential areas where they are located. The increased traffic creates the potential for accidents in residential areas where the roadways are designed for minimal traffic flow. An increase in the number of people also creates a higher likelihood for criminal activities. Members of the general public have complained that visitors to the haunted houses do not respect their front yard and property, and they report public alcohol consumption on their properties and in the public right-of-way. The proposed amendment will prohibit commercial haunted houses from residential neighborhoods, which will reduce the overall risk of fire and traffic accidents in these neighborhoods; and c. The proposed modifications to the Development Code do not remove existing regulations. The proposed regulations and definition are designed to work with existing requirements for haunted houses in the City. All haunted houses will be required to obtain a Temporary Use Permit as currently required by the Development Code; and 4. The Planning Department Staff has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the general rule that CEQA applies only to projects, which have the potential for causing significant effect on the environment. Pursuant to State CEQA Guidelines Section 15061(B)(3), where it can be seen with certainty that there is no possibility that the activity in question may have significant effect on the environment, the activity is not subject to CEQA. The proposed Development Code Amendment does not propose any physical change to the environment itself. The amendment only revises the land use regulation applicable to the operation of haunted houses. Applications to operate haunted houses will be reviewed under a separate Temporary Use Permit application. The applicant may be required to submit environmental studies that analyzes the impact(s) caused by the site-specific project. The environmental impacts of each application will be reviewed when they are submitted and the appropriate environmental documents will be prepared to address project-specific impacts (if any). 5. Based upon the findings and conclusions set forth in paragraphs 1, 2, 3, and 4 above, this Commission hereby recommends that the City Council approve Development Code Amendment DRC2017-00400 as indicated in Attachment 1 incorporated herein by this reference. 6. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 9TH DAY OF AUGUST 2017. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA PLANNING COMMISSION RESOLUTION NO.17-72 DEVELOPMENT CODE AMENDMENT DRC2017-00400 - CITY OF RANCHO CUCAMONGA August 9, 2017 Page 4 BY: Francisco Oaxaca, Chairman ATTEST: Candy Burnett, Secretary I, Candyce Burnett, Secretary of the Planning Commission for 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 August 2017, by the following vote-to-wit: AYES: COMMISSIONERS: FLETCHER, MACIAS, MUNOZ, WIMBERLY NOES: COMMISSIONERS: OAXACA ABSENT: COMMISSIONERS: NONE ABSTAIN: COMMISSIONERS: NONE • Attachment 1 Text Revisions in the Development Code 1. New Code Text Indicated In Bold: Section 17.104.040 —Standards for Specific Temporary Uses is hereby amended as follows: Add the following Section 17.104.040.L: L. Haunted House. 1. Haunted houses may be permitted in commercial and industrial districts only. Haunted houses are not permitted in residential districts except when they are proposed to be located in a non-residential structure (e.g. clubhouses, common-use apartment facilities)or associated with a non-residential use(e.g. churches, schools, etc.) 2. Haunted houses located in commercial or industrial districts shall be a minimum of one hundred feet (100') from any residential dwelling. This requirement may be waived by the Planning Director if it is determined that no adverse impacts would result due to the operation of the haunted house. The applicant shall provide the following information to assist the Planning Director in making the determination: a. A description of the operations associated with the proposed haunted house. b. A management plan showing how the applicant will manage traffic circulation, noise, off-street parking, and pedestrian safety and comply with any other applicable regulatory requirements. 3. All haunted houses shall be subject to the following requirements: a. Haunted houses are limited to a maximum of thirty(30) continuous days of operation or exhibition per calendar year. b. Adequate provisions for traffic circulation, parking, and pedestrian safety shall be provided to the satisfaction of the Planning Director. c. Restrooms shall be provided meet the needs of the general public. d. Security personnel shall be provided to ensure public safety is maintained at all times. e. Haunted house operators shall be subject to all applicable fees associated with the permitting and operation of the haunted house. 4. Yard displays or decorations in which there are no built or constructed structures that meet the definition of a "haunted house" as defined in Section ATTACHMENT 1 17.126.020 (Universal Definitions) are exempt from obtaining a Temporary Use Permit. 2. Section 17.104.020 — Permit Requirements and Exemptions is hereby amended as follows: Add the following text to Section 17.104.020.E 11. Yard displays or decorations in which there are no built or constructed structures that meet the definition of a "Haunted House" as defined in Section 17.126.020 (Universal Definitions). 3. Section 17.126— Universal Definitions is hereby amended as follows: Add the following text to Section 17.126.020: Haunted House: A temporary use where the primary activity occurs in a facility or structure defined as a "Special Amusement Building" by the California Fire Code; or consists of enclosed or semi-enclosed structures where access is provided to members of the general public.