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HomeMy WebLinkAbout2017-08-09 - Agenda Packet - PC-HPCAUGUST 9, 2017 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA A. 7:00 P.M. - CALL TO ORDER Pledge of Allegiance Roll Call: Chairman Oaxaca Vice Chairman Macias Commissioner Fletcher Commissioner Munoz Commissioner Wimberly B. PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Historic Preservation Commission or Planning Commission on any item listed or not listed on the agenda. State law prohibits the Commission from addressing any issue not previously included on the Agenda. The Commission may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals embers of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises or engaging in any activity which might be disruptive to the decorum of the meeting. C. CONSENT CALENDAR/HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION The following Consent Calendar items are expected to be routine and non -controversial. They will be acted upon by the Commission at one time without discussion. Any item may be removed for discussion. C1. Consideration to adopt Regular Meeting Minutes of July 26, 2017 Page 1 of 5 AUGUST 9, 2017 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA D. ANNOUNCEMENTS/PRESENTATIONS D1. INTRODUCTION TO THE CENTRAL PARK MASTER PLAN UPDATE E. PUBLIC HEARINGS/PLANNING COMMISSION The following items have been advertised and/or posted as public hearings as required by law. The Chairman will open the public hearing to receive testimony. All such opinions shall be limited to 5 minutes per individual or less as determined by the Chairman. Please sign in after speaking. E1. DEVELOPMENT CODE AMENDMENT DRC2017-00400 — CITY OF RANCHO CUCAMONGA - A request to amend Title 17 (Development Code) of the Municipal Code to add a definition for "haunted house" and to add additional requirements for the operation of haunted house temporary uses. This item is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA guidelines under CEQA Section 15061(b)(3). This item will be forwarded to the City Council for final action E2. ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2016-00206 - PACIFIC SUMMIT FOOTHILL, LLC - A request to amend tables and text, including clarifying text as necessary, in the General Plan to allow the development of land that contains slopes of 30 percent or greater. Related files: Tentative Tract Map SUBTT16605M, Design Review DRC2012-00672, Variance DRC2016-00207, and Tree Removal Permit DRC2012-00673. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. This application will be forwarded to the City Council for final action. CONTINUANCE REQUESTED TO AN UNSPECIFIED DATE. E3. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP MODIFICATION SUBTT16605M - PACIFIC SUMMIT FOOTHILL, LLC - A request subdivide 24.19 acres into 6 parcels for the development of 175 condominium units in the Mixed Use (MU) District located on the north side of Foothill Boulevard, between Red Hill Country Club Drive and Pacific Electric Trail Right -of -Way; 207-101-13, 17, 24, 25, 31, 34, and 41 and 207-112-09 and 10. Related Files: General Plan Amendment DRC2016-00206, Design Review DRC2012-00672, Variance DRC2016-00207, and Tree Removal Permit DRC2012-00673. Staff has prepared Page 2 of 5 AUGUST 9, 2017 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA a Mitigated Negative Declaration of environmental impacts for consideration. CONTINUANCE REQUESTED TO AN UNSPECIFIED DATE. E4. ENVIRONMENTAL ASSESSMENT AND DESIGN REVIEW DRC2012-00672 - PACIFIC SUMMIT FOOTHILL, LLC - A request to develop 175 attached condominium units on 24.19 acres of land in Mixed Use (MU) District, located on the north side of Foothill Boulevard, between Red Hill Country Club Drive and the Pacific Electric Trail Right -of -Way; APN: 207- 101-13, 17, 24, 25, 31, 34, and 41 and 207-112-09 and 10. Related Files: General Plan Amendment DRC2016-00206, Tentative Tract Map SUBTT16605M, Variance DRC2016- 00207, and Tree Removal Permit DRC2012-00673. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. CONTINUANCE REQUESTED TO AN UNSPECIFIED DATE. E5. ENVIRONMENTAL ASSESSMENT AND VARIANCE DRC2016-00207 - PACIFIC SUMMIT FOOTHILL, LLC - A request to exceed the 30 foot building envelop established by Development Code Section 17.122.020.D.1.e.(i and ii) for the develop 175 attached condominium units on 24.19 acres of land in the Mixed Use (MU) District, located on the north side of Foothill Boulevard, between Red Hill Country Club Drive and the Pacific Electric Trail Right -of -Way; APN: 207-101-13, 17, 24, 25, 31, 34, and 41 and 207-112-09 and 10. Related Files: General Plan Amendment DRC2016-00206, Tentative Tract Map SUBTT16605M, Design Review DRC2012-00672, and Tree Removal Permit DRC2012-00673. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. CONTINUANCE REQUESTED TO AN UNSPECIFIED DATE. E6. ENVIRONMENTAL ASSESSMENT AND TREE REMOVAL PERMIT - DRC2012-00673 - PACIFIC SUMMIT FOOTHILL, LLC - A request to remove 188 trees associated with the proposed development of 175 attached condominium units on 24.19 acres of land in Mixed Use (MU) District, located on the north side of Foothill Boulevard, between Red Hill Country Club Drive and the Pacific Electric Trail Right -of -Way; APN: 207-101-13, 17, 24, 25, 31, 34, and 41 and 207-112-09 and 10. Related Files: General Plan Amendment DRC2016-00206, Tentative Tract Map SUBTT16605M, Design Review DRC2012-00672, and Variance DRC2016-00207. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. CONTINUANCE REQUESTED TO AN UNSPECIFIED DATE. Page 3 of 5 AUGUST 9, 2017 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA E. COMMISSION BUSINESS/HISTORIC PRESERVATION AND PLANNING COMMISSION INTER -AGENCY UPDATES: COMMISSION ANNOUNCEMENTS: F. ADJOURNMENT I, Lois J. Schrader, Planning Commission Secretary of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on August 3, 2017, seventy two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. Lois J. Schrader Planning Commission Secretary City of Rancho Cucamonga If you need special assistance or accommodations to participate in this meeting, please contact the Planning Department at (909) 477-2750. Notification of 49 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. INFORMATION FOR THE PUBLIC TO ADDRESS THE PLANNING COMMISSION The Planning Commission encourages free expression of all points of view. To allow all persons to speak, given the length of the agenda, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire Page 4 of 5 AUGUST 9, 2017 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION AGENDA RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the Planning Commission on any agenda item. To address the Planning Commission, please come forward to the podium located at the center of the staff table. State your name for the record and speak into the microphone. After speaking, please sign in on the clipboard located next to the speaker's podium. It is important to list your name, address and the agenda item letter your comments refer to. Comments are generally limited to 5 minutes per individual. If you wish to speak concerning an item not on the agenda, you may do so under "Public Comments." There is opportunity to speak under this section prior to the end of the agenda. Any handouts for the Planning Commission should be given to the Planning Commission Secretary for distribution to the Commissioners. A copy of any such materials should also be provided to the Secretary to be used for the official public record. All requests for items to be placed on a Planning Commission agenda must be in writing. Requests for scheduling agenda items will be at the discretion of the Commission and the Planning Director. AVAILABILITY OF STAFF REPORTS Copies of the staff reports or other documentation to each agenda item are on file in the offices of the Planning Department, City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730. These documents are available for public inspections during regular business hours, Monday through Thursday, 7:00 a.m. to 6:00 p.m., except for legal City holidays. APPEALS Any interested party who disagrees with the City Planning Commission decision may appeal the Commission's decision to the City Council within 10 calendar days. Any appeal filed must be directed to the City Clerk's Office and must be accompanied by a fee of $2,725 for all decisions of the Commission. (Fees are established and governed by the City Council). Please turn off all cellular phones and pagers while the meeting is in session. Copies of the Planning Commission agendas, staff reports and minutes can be found at www.CityofRC.us. Page 5 of 5 1S 3a IQ Air Vicinity Map Historic Preservation and Planning Commission Meeting August 9, 2017 f = i _.._..,�.—•mac _Z E •-•--�•-••- ''—'� i v_ a €CL l! a � a x x ! iE Id i td i c p W � O th St — /Base se Line 4 J ' Y Church I Church 4 ,i )thill� i 1 Foothill N � 1 W row E ` O W Arrow Je 41 rsey t 3 _ i Sth 0w m d a 6th\ c 6th w W C7 L 4th Q O x W 2 __._.. e__.�_�4th E2-E6 11 ® * Meeting Location: City Hall/Council Chamber: 10500 Civic Center Drive Item E1: Development Code Amendment —Haunted Houses — Citywide Item E2-E6: GPA DRC2016-00206; SUBTT16605M, DR DRC2012-00672, VAR DRC2016-00207 and TRP DRC2012-00673—Continuance Requested JULY 265 2017 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA A. 7:00 P.M. - CALL TO ORDER Pledge of Allegiance 7:00 PM Roll Call: Chairman Oaxaca x Vice Chairman Macias x Commissioner Fletcher A Commissioner Munoz _x_ Commissioner Wimberly _x_ Additional Staff Present: Candyce Burnett, City Planner, Nick Ghirelli, Assistant City Attorney; Tom Grahn, Associate Planner, Albert Espinoza, Asst. City Engineer, Lois Schrader, Planning Commission Secretary; Mike Smith, Senior Planner, Nikki Cavazos, Assistant Planner B. PUBLIC COMMUNICATIONS This is the time and place for the general public to address the Historic Preservation Commission or Planning Commission on any item listed or not listed on the agenda. State law prohibits the Commission from addressing any issue not previously included on the Agenda. The Commission may receive testimony and set the matter for a subsequent meeting. Comments are to be limited to five minutes per individual or less, as deemed necessary by the Chair, depending upon the number of individuals embers of the audience. This is a professional business meeting and courtesy and decorum are expected. Please refrain from any debate between audience and speaker, making loud noises or engaging in any activity which might be disruptive to the decorum of the meeting. None Page 1 of 7 Cl—Pgl JULY 26, 2017 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA C. CONSENT CALENDAR/HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION The following Consent Calendar items are expected to be routine and non -controversial. They will be acted upon by the Commission at one time without discussion. Any item may be removed for discussion. C1. Consideration to adopt Regular Meeting Minutes of June 28, 2017 C2. Consideration to adopt Adjourned Meeting (Workshop) Minutes of June 28, 2017 Moved by Munoz, seconded by Wimberly carried 4-0-1 (Fletcher absent) to adopt the Consent Calendar D. SCHEDULED MATTERS The following items do not legally require any public testimony, although the Chairman may open the meeting for public input. D1. SELECTION OF THE HISTORIC PRESERVATION/PLANNING COMMISSION CHAIRMAN AND VICE CHAIRMAN OFFICER POSITIONS Candyce Burnett, City Planner, noted Commissioner Fletcher acknowledged that he world be absent for this meeting and that he was ok with the remaining Commissioners proceeding with the selections as scheduled. Moved by Munoz, seconded by Wimberly, carried 4-0-1 (Fletcher absent) to affirm Commissioner Oaxaca as Chairman and Commissioner Macias as Vice Chairman for a 1-year term D2. SELECTION OF THE COMMISSION REPRESENTATIVES FOR THE DESIGN REVIEW COMMITTEE Moved by Macias. seconded by Munoz. carried 4-0-1 (Fletcher absent) to affirm Commissioners Wimberly and Macias to remain as regular members of the DRC and Commissioner Munoz as First Alternate Page 2 of 7 C1—Pg2 JULY 265 2017 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA D3. SELECTION OF THE COMMISSION REPRESENTATIVES FOR THE TRAILS ADVISORY COMMITTEE Moved by Munoz, seconded by Wimberly, carried 4-0-1 (Fletcher absent) to affirm Commissioners Oaxaca and Fletcher. Commissioner Munoz was named first Alternate to the Trails Advisory Committee E. PUBLIC HEARINGS/PLANNING COMMISSION The following items have been advertised and/or posted as public hearings as required by law. The Chairman will open the public hearing to receive testimony. All such opinions shall be limited to 5 minutes per individual or less as determined by the Chairman. Please sign in after speaking. El. ENVIRONMENTAL ASSESSMENT AND DESIGN REVIEW DRC2016-00726 - IPT ARROW ROUTE DC, LP - A request for site plan and architectural review of a 611.573 square foot industrial building on a vacant parcel of 26.63 acres in the General Industrial (GI) District on the north side of Arrow Route, about 1,200 feet east of Interstate 15, and about 2,600 feet west of Etiwanda Avenue — APN: 0229-021-60. A Mitigated Negative Declaration of environmental impacts has been prepared for consideration. Nikki Cavazos, Assistant Planner gave the staff report and PowerPoint presentation (copy on file). She noted correspondence had been received regarding the proposed MND from the Department of Toxic Substances Control, Native American Heritage Commission, San Bernardino County Public works, A Law firm representing LiUna and So California Air Quality Management District (SCAQMD). She said she received an email from the consultants offering a technical response to SCAQMD and then later this afternoon she received an email with a response to those comments from SCAQMD; they stated that although they did not agree with all the responses provided by the consultant, they submitted no further comment. (Copies on file). Chairman Oaxaca opened the public hearing seeing and hearing no further comment, he closed the public hearing. Russel Pierce, representing the applicant, thanked staff for their excellent assistance in Design Review and the CEQA process He noted their team was available to answer questions. Page 3 of 7 C1—Pg3 JULY 26, 2017 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA Commissioner Munoz noted it as a good project, he liked the design, he said it is attractive for being a tilt -up and he appreciated the hard work put into it. Commissioner Wimberly concurred and thanked the applicant for working with staff and making the changes that were recommended. Commissioner Macias said it was a straightforward project. Chairman Oaxaca said he drives by the site all the time and it is good to see the final outcome. He said it looks nice. He asked about the planned improvements on the North side of Arrow Route. Ms. Cavazos said the street will be widened and there will be a parkway with landscaping and a sidewalk. Albert Espinoza, Assistant City Engineer, said the traffic light currently to the north of the project on Arrow Route will also serve the new public street and will be modified, the street will be widened in front of the property and will again taper down to one lane in each direction. Moved by Munoz, seconded by Macias carried 4-0-1 (Fletcher absent) to adopt the Resolution of Approval for Design Review DRC2016-00726 and adopt the Mitigated Negative Declaration of environmental impacts. E2 and E3 were heard concurrently. E2. DESIGN REVIEW MODIFICATION REVOCATION DRC2017-00480 - BIANE FAMILY PROPERTIES - A request to revoke Design Review Modification DRC2016-00345, approved in error on November 9, 2016, for a request to revise the conditions of approval for DRC2007- 00951 (Planning Commission Resolution No.14-08) for the Biane Winery, a complex comprised of fifteen (15) buildings/structures and three (3) single-family residences located on two (2) parcels with a combined area of 10.41 acres in the General Industrial (GI) District located on the south side of 8th Street, between Hermosa and Archibald Avenues; APN: 0209- 201-19 and 20. On January 22, 2014, the Planning Commission adopted a Mitigated Negative Declaration of environmental impacts for DRC2007-00951. The California Environmental Quality Act provides that no further environmental review or Negative Declaration is required for subsequent projects or minor revisions to projects within the scope of a previous Negative Declaration. Continued from June 28. 2017 and re -advertised. Page 4 of 7 C1-Pg4 JULY 263 2017 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA E3. DESIGN REVIEW MODIFICATION DRC2017-00481 - BIANE FAMILY PROPERTIES - A request to revise the conditions of approval for DRC2007-00951 (Planning Commission Resolution No.14-08) to allow for the demolition of two residential structures, both previously conditioned for off -site relocation, for the Biane Winery, a complex comprised of fifteen (15) buildings/structures and three (3) single-family residences located on two (2) parcels with a combined area of 10.41 acres in the General Industrial (GI) District located on the south side of 8th Street, between Hermosa and Archibald Avenues; APN: 0209-201-19 and 20. Staff has found the proposed project to be within the scope of a project covered by a previously approved Initial Study and Mitigated Negative Declaration approved by the Planning Commission on January 22, 2014. Staff has prepared an addendum prepared per CEQA Section 15164 which does not raise or create new environmental impacts not already considered in that Initial Study. Continued from June 28, 2017 and re -advertised. Tom Grahn, Associate Planner, gave the staff report and PowerPoint presentation (copy on file). Chairman Oaxaca opened the public hearing and seeing and hearing no comment, closed the public hearing. Jerry Cockroft stated he is the Project Manager for Biane Family Properties and was available for questions. Moved by Wimberly, seconded by Macias, carried 4-0-1 (Fletcher absent) to adopt the Resolution Approving Design Review Revocation DRC2016-00480 (for previously approved Design Review Modification DRC2016-00345) and to adopt the Resolution of Approval for Design Review Modification DRC2017-00481. F. COMMISSION BUSINESS/HISTORIC PRESERVATION AND PLANNING COMMISSION INTER -AGENCY UPDATES: None Page 5 of 7 Cl-Pg5 VULT LVI ACV 1 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA COMMISSION ANNOUNCEMENTS: Commissioner Munoz reported that he attended a Commissioner Training event. He said this is a new way for Commissioners to receive training and could be very beneficial to Commissioners from cities that may not have the same resources available to them that we have such as the League and other training opportunities. He said this new training was made available by B!A and such folks as the Lewis Group participated. He said this was a good source -and he found the event informative and good for communities that don't have what we have. He gave kudos to the groups that put it together and he said he gave them good feedback G. ADJOURNMENT The Commission adjourned at 7:40PM I, Lois J. Schrader, Planning Commission Secretary of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on July 20, 2017, at least seventy two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. Lois J. Schrader Planning Commission Secretary City of Rancho Cucamonga INFORMATION FOR THE PUBLIC TO ADDRESS THE PLANNING COMMISSION The Planning Commission encourages free expression of all points of view. To allow all persons to speak, given the length of the agenda, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the Planning Commission on any agenda item. To address the Planning Commission, please come forward to the podium located at the center of the staff table. State your name for the record and speak into the microphone. After speaking, please sign in on the clipboard located next to the speaker's podium. It is important to list Page 6 of 7 C1—Pg6 JULY 26, 2017 HISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MINUTES RANCHO CUCAMONGA CIVIC CENTER COUNCIL CHAMBERS 10500 CIVIC CENTER DRIVE RANCHO CUCAMONGA, CALIFORNIA your name, address and the agenda item letter your comments refer to. Comments are generally limited to 5 minutes per individual. If you wish to speak concerning an item not on the agenda, you may do so under "Public Comments." There is opportunity to speak under this section prior to the end of the agenda. Any handouts for the Planning Commission should be given to the Planning Commission Secretary for distribution to the Commissioners. A copy of any such materials should also be provided to the Secretary to be used for the official public record. All requests for items to be placed on a Planning Commission agenda must be in writing. Requests for scheduling agenda items will be at the discretion of the Commission and the Planning Director. AVAILABILITY OF STAFF REPORTS Copies of the staff reports or other documentation to each agenda item are on file in the offices of the Planning Department, City Hall, located at 10500 Civic Center Drive, Rancho Cucamonga, California 91730. These documents are available for public inspections during regular business hours, Monday through Thursday, 7:00 a.m. to 6:00 p.m., except for legal City holidays. APPEALS Any interested party who disagrees with the City Planning Commission decision may appeal the Commission's decision to the City Council within 10 calendar days. Any appeal filed must be directed to the City Clerk's Office and must be accompanied by a fee of $2,725 for all decisions of the Commission. (Fees are established and governed by the City Council). Please turn off all cellular phones and pagers while the meeting is in session. Copies of the Planning Commission agendas, staff reports and minutes can be found at www.CityofRC.us. Page 7 of 7 C1—Pg7 +il+r CITY OF RANCHO CUCAMONGA STAFF REPORT DATE: August 9, 2017 TO: Chairman and Members of the Planning Commission FROM: Candyce Burnett, City Planner INITIATED BY: Dat Tran, Assistant Planner SUBJECT: DEVELOPMENT CODE AMENDMENT DRC2017-00400 — CITY OF RANCHO CUCAMONGA - A request to amend Title 17 (Development Code) of the Municipal Code to add a definition for "haunted house" and to add additional requirements for the operation of haunted house temporary uses. This item is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA guidelines under CEQA Section 15061(b)(3). RECOMMENDATION: Staff recommends that the Planning Commission adopt the attached Resolution 17-72 recommending the City Council approve Development Code Amendment DRC2017- 00400. BACKGROUND: Prior to 2012, the Development Code had no provisions for the establishment or operation of haunted houses. Following the 2012 Development Code Update, haunted houses are required to obtain a Temporary Use Permit prior to commencement of the activity. The Temporary Use Permit gives broad authority to review both residential and commercial haunted houses to ensure that they do not adversely impact neighboring properties. Historically, staff has generally interpreted 'residential' haunted houses as minimally decorated homes and yards by homeowners for personal use. These haunted houses were expected to have a limited number of visitors around Halloween. In contrast, 'commercial' haunted houses are more elaborately decorated homes or non-residential facilities that have a regional following, charge a fee and/or collect a donation prior to entry. Until recently, haunted houses operating in the City have largely fit the "residential" interpretation. 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. Staff has received complaints regarding a number of these haunted houses. Based on the feedback, staff believes that additional regulations in the Development Code are warranted to ensure that commercial haunted houses are uniformly regulated and impacts are mitigated. Currently, the Development Code allows for staff to review all haunted houses via a Temporary Use Permit. However, the Temporary Use Permit process in the Development Code does not specify how haunted houses should be regulated nor the extent of which regulation should occur. E1—Pg1 PLANNING COMMISSION STAFF REPORT DEVELOPMENT CODE AMENDMENT DRC2017-00400 — CITY OF RANCHO CUCAMONGA AUGUST 9, 2017 Page 2 Staff presented a Director's Report to the Planning Commission on June 14, 2017 to obtain direction for the regulation of haunted houses. The Director's Report (Exhibit A) included a discussion of the impacts commercial haunted houses have in residential areas and potential "pathways" to mitigate the impacts. The Commission directed staff to compile all available data the City had on haunted houses in the City, including the number and location of haunted houses, the types and frequency of complaints from neighbors, records from other City departments, etc. The Commission wanted a better understanding of the overall situation before weighing in on the policy direction of the City. The Commission also expressed interest in stronger restrictions and prohibition of commercial haunted houses in residential areas. The Commission requested that staff review all data and draft regulations for the Commission to consider. ANALYSIS: A. General: The Development Code currently requires a Temporary Use Permit for all entertainment and assembly events, which includes language in Section 17.104.020.A.2 specifying haunted houses as an event type. this section of the Code currently reads as follows: "Entertainment and assembly events, including carnivals, circuses, concerts, fairs, festivals, food events, fundraisers, haunted houses, outdoor entertainment/sporting events, and similar events designed to attract large crowds and that are held either on private or public property when not otherwise part of or consistent with a permitted use (e.g., race at a raceway)." Based upon review of the compiled information, collaboration with other City departments, and the direction from the Planning Commission, staff proposes to amend the Development Code as summarized below. Attachment 1 of the Resolution has been included to show the actual text changes to the Development Code. Article V — Specific Use Requirements 1. New Haunted House Specific Use Requirements. Amend Section 17.104.040 to include a new sub -section "L", specifying new restrictions on where haunted houses may operate and new requirements for haunted house operators to mitigate for traffic, noise and public safety impacts. An exemption from the Temporary Use Permit is added for yard displays and decorations. 2. Clarifying Exemption In Permit Requirement Section. Amend Section 17.104.020.E to include an additional provision reiterating that yard displays and decorations are exempt from the Temporary Use Permit requirement. Article Vill — Glossary New Haunted House Definition. Amend Section 17.126.020 to include a new definition for "Haunted House", specifying that a haunted house is a structure defined according to E1—Pg2 PLANNING COMMISSION STAFF REPORT DEVELOPMENT CODE AMENDMENT DRC2017-00400 — CITY OF RANCHO'CUCAMONGA AUGUST 9, 2017 Page 3 California Building and. Fire Codes or is any enclosed or semi -enclosed structure with access provided to the general public. A Temporary Use Permit is ;required for all haunted houses. Staff designed the proposed modifications to work with the existing requirements for a Temporary Use Permit. The new requirements proposed provide additional guidelines for all haunted house operators. The new Section 17.104.040.E contains provisions to address the presence and/or expansion of commercial haunted houses in residential areas. The proposed regulations for this purpose are as follows: 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. With the new provisions, haunted houses will no longer be able to operate within a residence or within 100 feet of a residence. The location and distance restrictions are designed to limit noise, traffic and other impacts from neighborhoods. Non-residential structures in residential districts, such as an apartment clubhouse or a church, can operate a haunted house less than 100 feet from residences. Haunted houses in non-residential buildings are exempted from the requirement to be located less than 100 fleet from residences because these facilities are not expected to attract large crowds because attendance would be limited generally to, for example, residents of the apartment complex or members of the church. Similarly, they would not have substantial impacts on the surrounding neighborhoods as they typically, for example, operate in spaces designed for large gatherings and have on -site parking areas Section 17.104.040.E also includes a few provisions to ensure that commercial haunted houses do not significantly impact the public. The proposd requirements will provide a uniform way to regulate haunted houses. Staff can rely on these regulations, instead of reviewing haunted E1—Pg3 PLANNING COMMISSION STAFF REPORT DEVELOPMENT CODE AMENDMENT DRC2017-00400 — CITY OF RANCHO CUCAMONGA AUGUST 9, 2017 Page 4 houses on a case -by -case basis. Specific conditions of approval may also be added if a haunted house has a unique feature that can't be mitigated by the proposed requirements alone. The proposed regulations for this purpose are as follows: 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. d. Restrooms shall be provided meet the needs of the general public. e. Security personnel shall be provided to ensure public safety is maintained at all times. f. Haunted house operators shall be subject to all applicable fees associated with the permitting and operation of the haunted house. Section 17.104.040.E also includes a provision to exempt for yard displays and light decorations. The proposed text for this purpose is as follows: 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 17.126.020 (Universal Definitions) are exempt from obtaining a Temporary Use Permit. The provision allows .for residents to decorate their residence and yard without the need for a Temporary Use Permit. While elaborate yard displays can generate visitors, the level of public interest is unlikely to attract the same number of visitors that attend commercial haunted houses. Section 17.104.020 has also been amended to include similar wording to exempt yard display and decorations. Section 17.104.020 includes a list of other temporary uses exempt from the Temporary Use Permit process. The purpose of amending Section 1.7.104.020 is to ensure that all Temporary Use Permit exemptions are codified in one location. The addition of a new "haunted house" definition in Chapter 17.126 establishes a baseline for determining what constitutes as a haunted house and whether it is required to obtain a Temporary Use Permit. The new definition is as follows: Haunted House: A temporary use where the primary activity occurs in a facility or structure defined as a "haunted house" by the California Building and Fire E1—Pg4 PLANNING COMMISSION STAFF REPORT DEVELOPMENT CODE AMENDMENT DRC2017-00400 — CITY OF RANCHO CUCAMONGA AUGUST 9, 2017 Page 5 Codes; or consists of enclosed or semi -enclosed structures where access is provided to members of the general public. This definition is based on the Building & Fire Code definition for such structures and ensures that the City's Fire Department review is consistent for each Temporary Use Permit. The definition also expands the requirement of the Temporary Use Permit over any enclosed structure or semi - enclosed structures where access is provided to the general public. The wording allows for staff to regulate structures that may generate public interest and the associated impacts, but is not covered under the Building & Fire Code's definition. Overall, the proposed modifications. to the Development Code ensures that commercial haunted houses are identified and prohibited from areas where they may adversely impact residences. The proposed modifications also ensure that all haunted houses maintain adequate provisions for traffic circulation, parking and public safety. B. Public Safety Impacts In addition to resolving impacts to residential neighborhoods, the proposed Development Code modifications will also improve public safety. 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. Each violation poses a danger to the well-being of the operators, employees, and members of the general public. Additionally, other residences in the neighborhood are at risk if a fire spreads beyond the haunted house. There are three commercial haunted houses that staff is currently aware of, as detailed in Exhibit C. The operators of these haunted houses have previously been issued correction notices for having structures and/or equipment that fail to meet Fire Code standards. In addition to the three major haunted houses, the Fire Department has also inspected a number of smaller haunted house structures. These mostly consisted of non -fire rated maze structures found in the yards of existing residences. Notice of Corrections were given to those homeowners to correct, and no structures have been erected the following years. 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. E1—Pg5 PLANNING COMMISSION STAFF REPORT DEVELOPMENT CODE AMENDMENT DRC2017-00400 — CITY OF RANCHO CUCAMONGA AUGUST 9, 2017 Page 6 C. Alternative Pathways Staff presented alternative pathways to regulate haunted houses at the Planning Commission meeting on June 14, 2017. The Director's Report (Exhibit A) includes a discussion of the various pathways proposed. Upon further review of the haunted house situation in the City and the feedback received from Planning Commission members, staff determined that the prohibition of haunted houses from residential areas was the most effective option in regulating commercial haunted houses. The other pathways proposed were: 1. Maintain the Development Code as it currently exists; and 2. Modify the Development Code to have separate requirements for haunted houses in residential and commercial areas. The first rejected pathway would not have provided adequate guidelines for the regulation of haunted houses. Staff would have reviewed haunted houses on a case -by -case basis and used their best judgement to mitigate for impacts to residential neighborhoods. Even with the second rejected pathway, where requirements are established for haunted houses, inspections by City staff is necessary to ensure that all requirements and mitigation measures are properly employed. Lastly, even with the right mitigation measures and inspections, some noise and traffic is unavoidable. Staff ultimately decided to prohibit haunted houses from residential areas to ensure that residential districts are not impacted to any degree. D. Environmental Assessment: 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). FISCAL IMPACT: The proposed Development Code Amendment will prohibit the operation of commercial haunted houses in residential areas. Prohibition of haunted houses from residential areas will potentially reduce the number of commercial haunted houses in the City and the amount that the City collects through the Business License Department. The Business License fee varies from business to business and can range from $23 to a maximum of $1,000. El—Pg6 PLANNING COMMISSION STAFF REPORT DEVELOPMENT CODE AMENDMENT DRC2017-00400 — CITY OF RANCHO CUCAMONGA AUGUST 9, 2017 Page 7 The proposed Development Code Amendment could also result in positive fiscal impact for the City. The City's Building & Safety, Community Improvement and Fire Departments inspect haunted houses at various costs to the City. The cost to the City to review and inspect a "full" haunted house can range between $1,000 to $1,500. Reducing the number of haunted houses would reduce the cost of inspections and overall financial impact on the City. COUNCIL GOAL(S) ADDRESSED: The Development Code Amendment was designed to address recent problems in the community. The growing popularity of commercial haunted houses has created impacts on the residential neighborhoods where they are located. The amendment will prohibit commercial haunted houses from operating in these communities and remove the source of these impacts. No long-term City Council goals are directly addressed with the proposed amendment. CORRESPONDENCE: This item was advertised as a public hearing with a large 1/8th page legal advertisement in the Inland Valley Daily Bulletin newspaper. No correspondence has been received in response to the newspaper advertisement. Staff informed the owners/operators of the three haunted house discussed above of the public hearing (in order to provide them the opportunity to comment). The individuals who had previously contacted the City regarding these haunted houses in their neighborhoods were also notified. They voiced support for staff's proposed amendment to prohibit haunted houses from residential areas. EXHIBITS: Exhibit A - Director's Report for Planning Commission Meeting on June 14, 2017 Exhibit B - Fire Code Definition for Haunted. Houses Exhibit C - Public Testimony and Collected Data Regarding Haunted Houses in the City Draft Resolution of Approval for Development Code Amendment DRC2017-00400 CB:DT/Is E1—Pg7 Exhibit A Fire Code Definition for Haunted Houses California Fire Code Section 202 — Special Amusement Buildings "A building or structure that is temporary, permanent, or mobile that contains a device or system that conveys passengers or provides a walkway along, around, or over a course in any direction as a form of amusement arranged so that the egress path is not readily apparent due to visual or audio distractions or an intentionally confounded egress path, or is not readily available because of the mode of conveyance through the building or structure." "UMBIT A E1—Pg8 DEVELOPMENT CODE AMENDMENT DRC2017-00400— HAUNTED HOUSES Exhibit B Page 1 Exhibit B Public Testimony and Collected Data Regarding Haunted Houses in the City Full Haunted Houses in Residential Districts 12798 Camassia Court— RC Haunt Received three complaints from neighbors beginning in 2016. Complaints included: o Operated on both the weekend before and the weekend of Halloween, as well as Halloween night for a total of 5 nights. o Excessive noise late into the night o Visible Flashing lights o Blocked neighborhood traffic circulation and driveways o Littering and trash in neighborhood o Public consumption of alcohol off -site o Collection. of fees/donations not going to charities • Notice of corrections received in 2011 for not meeting Fire Code. Interior Decorations were not flame retardant and there were inadequate smoke alarms and fire sprinklers. • Received Permits to operate subsequent years and has been working with the Fire Department to ensure they meet the Building and Fire Code. • Granted a Temporary Use Permit to operate out of Bass Pro Shops parking lot in 2015. However, the cost of operation was deemed too high for the operator. Relocated haunted house back to residence on Camassia Court. Has a business license with the City. No fees collected for Fire Review. 7611 Duck Creek Place — The Garden of Evil • No complaints from neighbors as of July 2017. • Notice of corrections received in 2011 for not meeting Fire Code. No smoke detection equipment, emergency exits or emergency lighting provided. Construction materials were not flame retardant. Exposed electrical wiring and open -face breaker. • Received Permits to operate subsequent years and has been working with the Fire Department to ensure they meet the Building and Fire Code. • Operate on both the weekend before and the weekend of Halloween, as well as Halloween night for a total of 5 nights, • Sold homemade food last year without a permit. • Does not have a business license with the City. No fees collected for Fire Review. EXHIBIT B E1—Pg9 DEVELOPMENT CODE AMENDMENT DRC2017-00400— HAUNTED HOUSES Exhibit B Page 2 10185 Palo Alto Street— Waterman Bros Haunted House • No complaints from neighbors as of July 2017. • Operated on Halloween night only. • Operated as far back as 2008. Fire Department issued a letter to the Homeowner on October 7, 2008 with requests to provide additional exits, flame retardant decorations and walls, fire extinguishers, smoke alarms and no -smoking signs be provided. • Received Permits to operate in subsequent years and has been working with Building & Safety and Fire Department to ensure they meet the Building and Fire Code. • Notice of corrections received in 2014 for not meeting Fire & Building Code. Interconnected single station smoke detectors. • Does not have a business license with the City. No fees collected for Fire Review. Yard Displays & Decorations In Residential Districts 7618 Jadeite Avenue and 7055 Isle Court • Elaborate yard displays were reported to the Fire District. • No access for the general public. Displays were only for public observation. • Staff determined that there was no danger to the general public. • No business license required and no fees collected. Haunted Houses In Commercial Districts 10950 Church Street — The Haunt at Jamboree • Operated in the clubhouse of the Jamboree Apartment complex for the benefit of staff onsite. • Parking for staff provided at nearby Coyote Canyon Elementary School during off-peak hours. • Operated until 9:30pm on the weekend before the weekend of Halloween. • Clubhouse is fully sprinklered and fire alarm system fully in service. • Fire and security plan provided for the safety of all participants. • Received permits to operate since 2013. No notice of corrections issued. E1—Pg10 DEVELOPMENT CODE AMENDMENT DRC2017-00400— HAUNTED HOUSES Exhibit B Page 3 Inactive Haunted Houses in Residential Districts *Haunted houses in this category mainly consist of mazes and small yard construction that have been deemed unsafe by the Fire Department. 6179 Blue Grass • Homeowner constructed a haunted house maze in local trails at the rear of the home in 2011. • Fire Department staff was alerted to the haunted house via a complaint from the member of the public. • Fire Department staff visited the site and found structures consisting of flammable plastic sheeting and untreated fabric. • Fire Department staff requested the structures be taken down. 8343 Leucite Avenue • Homeowners constructed haunted house maze structures in the driveway in 2012. Structures also extended to and impeded access along the sidewalk. • Fire Department staff visited the site and found structures consisting of flammable plastic sheeting. • Fire Department staff requested the structures be taken down. 6541 Woodruff Place — The Church of Jesus Christ of Latter-day Saints • Fire Department staff called to the church on October 27, 2012. • Fire Department staff found activities occurring inside the church that met the definition of a Haunted House, including the operation of a fog machine and decorations designed to creating confusing situations and obscured pathways. • Letter sent from Fire Department on October 30, 2012 requesting that plans be submitted and approved prior to any Halloween activity. 8568 Hunter Drive • Homeowners constructed haunted house maze structures in the front yard in 2013. • Fire Department staff issued a notice of correction with requests to provide flame retardant decorations, exit and no -smoking signs, fire extinguishers and garden hoses. Staff also requested limits for the number of participants in the maze at any given time and safety measures to be added for children. Unconfirmed Haunted Houses *Haunted houses and/or mazes in this category are unverified by staff Commercial Districts 8643 Base Line Road — Red Dragon Karate Studio Haunted Maze at Victoria Gardens Residential Districts 9763 Candlewood 8450 Hunter 8511 Hunter 8811 Monte Vista E1—Pg11 DEVELOPMENT CODE AMENDMENT DRC2017-00400— HAUNTED HOUSES Exhibit 8 Page 4 Lemon & Haven Arrow & Hellman Ell -Pg12 Tran, Dat From: John Michael Sent: Tuesday, July 25, 2017 9:18 PM To: Tran, Dat Subject: Re: Haunted House Noises Regulations Hi Dat, We have had quite a problem over the years with our neighbor at 12798 Camassia Ct with a out of control Halloween House. He always says that the Halloween House is done to raise money charity 'after expenses' Two of the charities that he says he has donated to (the drama department at Rancho High School and a charity connected to Loma'Linda Hospital) have no records of donations with this Halloween House. The key words are'after expenses'. The money goes to buying more Halloween decorations (an obsession with my neighbor). Hundreds of people come. They are running in the streets screaming, drinking beer on neighbor's lawns and blocking the street and driveways. If there was an emergency vehicles would not be able to get into the neighborhood. The noise continued past midnight and neighbors had to go to work the next morning. Several neighbors have complained including Robert Zomphiek on Santolina Pl. If you want to call his number is� Please stop this madness. Thanks Karen Michael Sent from my iPad On Jul 20, 2017, at 4:50 PM, Tran, Dat <Dat.Tran@cityofrc.us> wrote: Hi John and Karen, My name is Dat, and I am a planner here at the City of Rancho Cucamonga's Planning Department. I am in the process of drafting up regulations to ban commercial haunted houses in residential areas. It is my understanding that you have been troubled by one located in your neighborhood. I'd like to reach out personally and see you would like to discuss with me your issues. I have email that you had sent to our Planning Director Candyce Burnett late last year, in which you addressed most of your concerns. I'd just like to see if you have any other concerns and/or opinions. I'd also like to let you know that we will be preparing a resolution for the Planning Commission to consider for the public meeting on August 91h, 2017, at 7:00pm. If you would like to attend to hear the final proposed regulations then and voice your opinion/concerns, that would also be an option. Dat Tran Assistant Planner City of Rancho Cucamonga 909-477-2750 x4326 dat.tran(@citvofrc.us E1—Pg13 Burnett, Candyce From: John Michael > Sent: Tuesday, November 08, 2016 2:25 PM To: Burnett, Candyce Subject: Haunted House at 12798 Camassia Ct. Hello Ms. Burnett, My husband and I bought our home 29 years ago in Rancho Cucamonga because the city was known for good schools, safe neighborhoods, and a well planned community. In the last 9 years ,that has rented the house across the street from us at 12798 Camassia Ct. his haunted house has been increasingly disruptive. The haunted house ran for 4 nights from 10-28 through 10-31, 7:30 to 11:30pm. Cars from people coming to the haunted house blocked driveways on Camassia Ct. up and down Santolina and continuing down Kalmia. Teenagers were swarming in the streets screaming. If there had been a medical emergency the paramedics would have had a very difficult time getting to the distressed person possibly putting a life a risk. The situation was totally out of control. Neighbors complained about the inability to sleep due to the noise. Trash was strewn across yards and cigarette butts were put out on block walls and thrown into yards. How can the Halloween obsession of one person overrule the peace and safety of multiple neighbors? states he donated money to a medical organization in Loma Linda and Rancho Cucamonga High Schoo Theater Arts in the past but both the medical organization and Rancho Cucamonga High School have no record of his donations. We would vey much appreciate future permits for the haunted house be denied. Thank you, John and Karen Michael E1—Pg14 Burnett, Candyce From: brian herbelin WW Sent: Monday, October 31, 2016 5:26 PM To: Burnett, Candyce Subject: haunted house Candyce, My name is Brian Herbelin and I am a resident of Rancho Cucamonga. I live on Camassia Ct.Amommo� Over the course of the last several years we have seen an increase.in littering (cigarette butts, bottles, cans, etc.), traffic, both foot and car, and increased noise levels. It has now, in my opinion, become a huge nuisance and I would like to see this haunted house not be allowed to continue in the future. Construction of this haunted house begins the month before, so we are treated to late night music, saws, hammering, yelling, etc. for an entire month before the event itself. I have had to address this issue with Mr. Borghi on several occasions. As far as the event itself, the yelling coming from the house, is quite piercing at times, forcing us to close all of our windows. That doesn't include the: loud chainsaw noise that echoes throughout the neighborhood. If there is anything else that I can do to make sure this event does not happen next year, please let me know. Thank you for addressing these concerns. Sincerely, Brian Herbelin 1 E1—Pg15 Af Exhibit B — RC Haunt (12798 Camassia Court ) Social Media RC Haunt - Haunted House. Rancho Cucamonga Home About Photos Likes Donate Videos Eventc Posts A like \, Follow A Share .., RC Haunt - Haunted House, Rancho Cucamonga Tomorrow Is the big dav! Our first night Is tomorroe October 25th from 7- 10 Come out and get scared whiie helping a good cause PaY lust 52 to get into both of our haunted houses 12798 Camassia Ct 3 7611 Duck Creek PI. Rancho Cucamonga. CA Your admission fee willbe donated to Lama Linda Chtidren's Hospital & two local high schools. Ik Like. * Comment 00 Share © ,q cnronologiclu Martha Macros Cant avadl Like Reply Q Message Just For Faun in Rancho Cucamonga. California commutnty Invite your friends to like this Page ,a 1.602 people Ilke this 1 581 people follow this About See nil m Send Message 1. w-avi rdia ulu arg 0 Just For Fun Landman k Hlstoncal Plate Chanty Organization (t n•.r.ressun, Pages liked by this Page rfE GAb j�g of �'� ErII� MIENGM 1 ABOUT I GALLERY I LOCATION -1 The Garden Of Evil 2014 Q �► RE11p1E51E0 90w+nmeFS2 . $1CNilDNEN UNOERI2 ,I 4i9 , r 10- rl 0:1611:311 7Qt..re�� [; _ Exhibit B — Waterman Bros Haunted House (10185 Palo Alto Street ) Social Media Waterman Bros m Haunted House JV in Rancho 00 Cucamonga I Home Posts rir Like Follow Q nec :mmcn:l ■Waterman Bros Haunted House in Rancho Cucamonga One more day!!! The haunted house will still be FREE to enter However. every year we have had guests that have asked if thev could give a donation. So. this year we will be having a donation box out front where if anyone wants to voluntarily donate some money. we will forward 100% of everything given to the St. Jude Children's Research Hospital We would also like to thank Costco of Rancho Cucamonga for donating some candy. Hasco Wholesale of Ontario for donating some light fixtures. and Curtis Pitts from C&W Feed for donating pallets for our pallet maze every year! Thank you for your generosity tk Like * Comment A Share 01 Chronological' Reviews Richard Venturelli address? Photos ® Like Reply About ■ Waterman Bros Haunted House in Rancho Cucamonga 10185 Palo Alto St Likes Rancho Cucamonga. 91730 Like Reply Landmark & Historical Place in Rancho Cucamonga. California 5.0 ***** community sC Invite your friends to like this Page ,i 40 people like this 40 people follow this 9 6 people have visited About See All 0 10 185 Palo Alto St Rancho Cucamonga Califomia CA 91730 G Send Message Landmark & Historical Place Haunted House Espahol Portugues, Brasil + Francais,France, Deutsch 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 (Exhibit A) 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.E to Article V — Specific Use Requirement. Section 17.104.040.E 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 E1—Pg19 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 California Building & 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.E 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. E1—Pg20 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 E1—Pg21 PLANNING COMMISSION RESOLUTION NO.17-72 DEVELOPMENT CODE AMENDMENT DRC2017-00400 - CITY OF RANCHO CUCAMONGA August 9, 2017 Page 4 M ATTEST: Francisco Oaxaca, Chairman Candyce 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: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: E1—Pg22 STAFF REPORT DATE: August 9, 2017 TO: Chairman and Members of the Planning Commission FROM: Candyce Burnett, City Planner* INITIATED BY: Tom Grahn, Associate Planner SUBJECT: ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT DRC2016-00206 - PACIFIC SUMMIT FOOTHILL, LLC - A request to amend tables and text, including clarifying text as necessary, in the General Plan to allow the development of land that contains slopes of 30 percent or greater. Related files: Tentative Tract Map SUBTT16605M, Design Review DRC2012- 00672, Variance DRC2016-00207, and Tree Removal Permit DRC2012-00673. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. This application will be forwarded to the City Council for final action. ENVIRONMENTAL ASSESSMENT AND TENTATIVE TRACT MAP MODIFICATION SUBTT16605M - PACIFIC SUMMIT FOOTHILL, LLC - A request subdivide 24.19 acres into 6 parcels for the development of 175 condominium units in the Mixed Use (MU) District located on the north side of Foothill Boulevard, between Red Hill Country Club Drive and Pacific Electric Trail Right -of -Way; 207-101-13, 17, 24, 25, 31, 34, and 41 and 207-112-09 and 10. Related Files: General Plan Amendment DRC2016-00206, Design Review DRC2012-00672, Variance DRC2016-00207, and Tree Removal Permit DRC2012-00673. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. ENVIRONMENTAL ASSESSMENT AND DESIGN REVIEW DRC2012-00672 - PACIFIC SUMMIT FOOTHILL, LLC - A request to develop 175 attached condominium units on 24.19 acres of land in Mixed Use (MU) District, located on the north side of Foothill Boulevard, between Red Hill Country Club Drive and the Pacific Electric Trail Right -of -Way; APN: 207-101-13, 17, 24, 25, 31, 34, and 41 and 207-112-09 and 10. Related Files: General Plan Amendment DRC2016-00206, Tentative Tract Map SUBTT16605M, Variance DRC2016- 00207, and Tree Removal Permit DRC2012-00673. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. ENVIRONMENTAL ASSESSMENT AND VARIANCE DRC2016-00207 - PACIFIC SUMMIT FOOTHILL, LLC - A request to exceed the 30 foot building envelop established by Development Code Section 17.122.020.D.1.e.(i and ii) for the develop 175 attached condominium units on 24.19 acres of land in the Mixed Use (MU) District, located on the north side of Foothill Boulevard, between Red Hill Country Club Drive and the Pacific Electric Trail Right -of -Way; APN: 207-101-13, 17, 24, 25, 31, 34, and 41 and 207-112-09 and 10. Related E2—E6Pg 1 PLANNING COMMISSION STAFF REPORT DRC2016-00206, SUBTT16605M, DRC2012-00672, DRC2016-00207, AND DRC2012-00673 — PACIFIC SUMMIT FOOTHILL, LLC August 9, 2017 Page 2 Files: General Plan Amendment DRC2016-00206, Tentative Tract Map SUBTT16605M, Design Review DRC2012-00672, and Tree Removal Permit DRC2012-00673. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. ENVIRONMENTAL ASSESSMENT AND TREE REMOVAL PERMIT - DRC2012-00673 - PACIFIC SUMMIT FOOTHILL, LLC - A request to remove 188 trees associated with the proposed development of 175 attached condominium units on 24.19 acres of land in Mixed Use (MU) District, located on the north side of Foothill Boulevard, between Red Hill Country Club Drive and the Pacific Electric Trail Right -of -Way; APN: 207-101-13, 17, 24, 25, 31, 34, and 41 and 207-112-09 and 10. Related Files: General Plan Amendment DRC2016-00206, Tentative Tract Map SUBTT16605M, Design Review DRC2012-00672, and Variance DRC2016-00207. Staff has prepared a Mitigated Negative Declaration of environmental impacts for consideration. RECOMMENDATION: Staff recommends that General Plan Amendment DRC2016-00206, Tentative Tract Map Modification SUBTT16605M, Design Review DRC2012-00672, Variance DRC2016-00207, and Tree Removal Permit DRC2012-00673 be continued to an unspecified date. The project applications will be re -advertised, noticed, and posted. CB:TG/Is E2—E6Pg 2