HomeMy WebLinkAbout2017-08-09 - SupplementalsHaunted House Regulations
Development Code Amendment
DRC2017=00400
QMOIAS-� O1, X I 1 z-" F=-
Background
• Staff presented a Director's Report to the Planning
Commission on June 14, 2017.
• Staff gave a brief background of existing
regulations for haunted houses and outlined the
commercial haunted houses in residential areas.
policy and
impacts of
Public Nuisance
Staff has received the following complaints from neighbors:
• Excessive noise and flashing lights late at night
• Blocked neighborhood traffic circulation and driveways
• Littering and trash spilling into the neighborhood
• Loitering and consuming alcohol on resident's properties
• Continuous operation of haunted house for multiple days/nights
Public Safety Impacts
• Haunted houses pose a fire hazard to residential neighborhoods. The
Fire Department has encountered the following violations over the last
few years:
• Use of non -fire rated decoration materials
• Improper setup of electric equipment
• Lack of fire detectors and alarms
• Lack of fire prevention equipment
• Lack of emergency and non-smoking signage
• Lack of/obscured emergency exits
• Structures located too close to pool areas
• Excessive number of visitors allowed in at the same time
Background
• Staff presented three "pathways" to mitigate the impacts of these
haunted houses, and asked for feedback from the Planning
Commission.
1. Retain Development Code as Existing
2. Modify the Development Code to prohibit haunted houses from residential
areas
3. Modify the Development Code to have separate requirements for
residential and commercial haunted houses
• The Planning Commission requested staff to compile available data on
haunted houses and to prepare a draft resolution for consideration.
Alternative Pathways
1. Retain Development Code as existing
2. Prohibit haunted houses from operating in residential areas
3. Modify the Development Code to have separate requirements for
residential and commercial haunted houses
Issues:
• Inadequate guidelines and problematic for regulation. Staff would have to
review haunted houses on a case -by -case basis.
• Mitigation measures must be properly employed and inspections must be
conducted.
• Noise and traffic impacts to residential neighborhoods are unavoidable
and alter the residential character of neighborhoods.
Proposed New Definition for
Haunted Houses
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 Codes; or consists of enclosed or semi -enclosed
structures where access is provided to members of the general public.
• Creates a threshold for determining what is and what isn't a haunted
house, and therefore whether the new requirements apply.
• Designed to cover haunted houses in residences as well as semi -
enclosed mazes and structures.
Proposed Regulations for Haunted
Houses
• Haunted houses are permitted if:
• Located in a Commercial or Industrial Districts AND located 100 feet
from residential dwelling.
• One
hundred
(100) foot
requirement may be modified if applicant can
show
how all
impacts will
be mitigated.
• Located in a non-residential structure (e.g. apartment clubhouse) or
non-residential use (e.g. church, school) in a Residential District.
(Haunted houses would not be permitted in residential dwellings)
• A yard display or decoration where there is no built structure does not
qualify as a haunted house and is permitted.
Proposed New Requirements for
Permitted Haunted Houses
• All permitted haunted houses subject to following requirements:
• Limited to 30 continuous days of operation per calendar year.
• Provide adequate traffic circulation, parking and pedestrian safety
onsite.
• Provide restrooms to meet the needs of the general public.
• Provide security personnel to ensure public safety at all times.
• Pay all applicable fees associated with permits and operations.
Existing Temporary Use Permit
Requirement
• Retain the existing portion of the Development Code.
• The Development Code currently requires a Temporary Use Permit for
haunted houses.
• All additions to the Development Code will work in conjunction with the
Temporary Use Permit requirement.
• If a haunted house meets the new definition and is located in a permitted
location, it is required to obtain a Temporary Use Permit prior to
operations.
Other Departments
• Fire Department — Rob Ball, Fire Marshall
• Community Improvements — Jana Cook, Community Improvement Manager
• Building & Safety — Michael Frasure, Building Inspector Supervisor
Conclusion
RECOMMENDATION: Staff recommends the Planning
Commission take the following actions:
• Recommend that the City Council approve
Development Code Amendment DRC2017-00400
through the adoption of the attached Resolution of
Approval. 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). The recommendation of the Planning
Commission will be forwarded to the City Council for
final action.
CONTINUANCE OF PUBLIC HEARING
At its regular meeting held on August 9, 2017, the Rancho Cucamonga Planning Commission
continued the following item(s) to its meeting to be held on August 23, 2017.
ENVIRONMENTAL ASSESSMENT AND GENERAL PLAN AMENDMENT
DRC2016-00206, TENTATIVE TRACT MAP MODIFICATION SUBTT16605M,
DESIGN REVIEW DRC2012-00672, VARIANCE DRC2016-00207, AND TREE
REMOVAL PERMIT DRC2012-00673 - 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. The associated applications include a request to subdivide 24.19 acres into
6 parcels associated with the development of 175 attached condominium units in the
Mixed Use (MU) District, a request to exceed the 30-foot building envelope
established by Development Code Section 17.122.020 D. 1. E (I and ii), as well as a
request to remove 180 trees also associated with the development. The project is
located on the north side of Foothill Boulevard, between Red Hill Country Club Drive
and the Pacific Electric Trail Right -of -Way 207-101-13, 17, 24, 25, 31, 34, and 41
and 207-112-09 and 10. Staff has prepared a Mitigated Negative Declaration of
environmental impacts for consideration. The General Plan Amendment application
will be forwarded to the City Council for final action.
The meeting will be held at 7:00 p.m. in the Council Chambers at the Rancho Cucamonga Civic
Center, located at 10500 Civic Center Drive, Rancho Cucamonga, California.
Said continuance was passed by the following vote:
Ayes:
FLETCHER, MACIAS, MUNOZ, OAXACA, WIMBERLY
Noes:
NONE
Absent:
NONE
Abstain:
NONE
Date: August 10, 2017
AFFIDAVIT OF POSTING
I, Lois J. Schrader, declare as follows
I am the Planning Commission Secretary of the City of Rancho Cucamonga; that at a regular
meeting of the Planning Commission of the City of Rancho Cucamonga held on August 9, 2017,
said public hearing was opened and continued to the time and place specified in the NOTICE OF
CONTINUANCE shown above; and that on August 10, 2017, at the hour of 4:00 p.m., a copy of said
notice was posted in a conspicuous place near the door in which said meeting was held.
I declare under penalty of perjury that the foregoing is true and correct
Executed on August 10, 2017, at Rancho Cucamonga, California.
Lois J. Schra r
Planning Commission Secretary
P_Gorr_d r6/J`i
Proposals:
- Reverse the rejection of the 2nd Alternative Pathway listed in Page 6, Paragraph C of the Staff Report
that discusses the proposed code amendments, which states:
0 3. Modify the Development Code to have separate requirements for haunted houses in
residential and commercial areas
- Clarify Residential/Neighborhood Haunted House Definition and Restrictions:
o Can be set up in a residential area.
o Must adhere to all requirements set forth in 2012 Development Code Update in order to
obtain a Temporary Use Permit.
0 Operating days and hours for Neighborhood Haunted Houses to be restricted as follows:
• If October 31" falls on a day between Sunday and Friday. Attraction may only
operate on Saturday of weekend prior to, and on the night of October 311. Must
cease operations by no later than 10:00pm on all nights. If Halloween falls on a
Friday, then attraction may operate until 10:30pm on that Halloween night.
If October 31" falls on a Saturday. Attraction may only operate on both Friday
October 30th, and Saturday October 31". Must cease operations by no later than
10:00pm on the Friday night. Must cease operations by no later than 10:30pm on
Halloween night.
0 Neighborhood Haunted Houses must be completely "free -of -charge" to the public, meaning
that the operators may not collect any form of payment, compensation, gratuity, donation,
etc. from the public.
o Operators of Neighborhood Haunted Houses must not sell any items and/or food to public.
0 Operator(s) of Neighborhood Haunted Houses must ensure that area within 100ft in any
direction of residence hosting them is clear of trash and debris that could have been
generated by patrons of the attraction, and/or the attraction itself by no later than sunset
on the day after the attraction is operated.
o In order to avoid excessive crowds and maintain manageable attendance, Neighborhood
Haunted Houses must refrain from advertising in regional print, broadcast, and electronic
news media/outlets. They may maintain a Facebook page as a forum to keep local
residents informed about them.
o Not adhering to the operating days/curfews, "free -of -charge", clean-up, and advertising
requirements will result in future permits being denied.
- -- Re- .: , c
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R"' CITY OF RANCHO CUCAMONGA R �P�
E,YO,T Ca I le Cates be
AUG 07 2017 Rancho Coc311100�atOR 9I7Z0
CgOq) 93 i - 0 BSS
Plaonins conlMjssl•oRECEIVED - PLANNING Au�qust ti zol7
C i-Fy of Rancho 00ca monya
My concerns aboof +be proposed 6.*c,11110re. Nei Ms •D .vel.nn
are ex prossed below and In +he attached newsjf�a,peir article,
�=PnPra I Plan F?�tit,�n�P1c 6?t'
Required +o , fermi't development o-F .sjopes in excess o-� 3o°ro,
Those o-. us living uphill -Prom 1-he prgjeef- have been essure44hat
bui ld i n� on these hi llsidas is e,^ ec+l saFe .
A F y goweve►� we Were
given i-hase same assurances when our coloMun %ty Wes& hoi lt) yet
somA of +be slopes .give wayy Wl'+hin a yelqr. And be�ac�seo�+he
insfahili+y o-p Red Hill soi�j mrsd jacking has been required f-a
s+abi(ize some op our units,
T —6y i c
avehicle -rips generated by this projetc-i- will exacerba+(- condition
t
probably fhe worstirterisca-I-i6n in+hc Ci+y-- Foothill as)4 Pecl
Hill Coun+ry Club Drive. A+ least 3sD vel7icles Will be based in +he
CoMnluni+y and who Knows how much tra-pfic +he liue-Warr, om'fs will
crea`0-- With only one way in and out and right turyls• anly, exit'
n
drivers who wish +o travel east kvill haveto ini+ially proee�
west, eyecu+e a u - •i-urr1 somet where and bead back (or cut over _Rid
Hi II). Eastbound drivers who want -to enter the deueloprn nit rx/r ll
have +o reverse -F he process.
Name lecrnecc
N0r06k6s people Some�imgs Camp 00thia• proper-ty. 'Rut- buildirzq+his
PrWect will not salve tro he pi, -- r+ Will only cause these rndividva(ss
40 relocate• z..F +he City, and cleueloper-arc ser-roes about a I leuia-I-i n�q
hoiwele�oc'SEJ +bey shoolcl coordinate With ci'q encies +hat can prduiye
+he sh--l+er and assistance with mental health and sub Lance chose
ISSOc" i-hat -these poor lost Soe)ls neecl,
I urje you +o catt- neya+ive Votes on all o-� the aSpeof6 o-�
+h*s v preet you have -Pinal approua) aUfhorit/ for- and rc�orwMen4
+0 +he city Coonol I -+hat it reject the reybircd General pl l?
amendments make +he developer- creai-e a pirgjectt +haf- can be
built QA�L ;aMe0clor9Ci1i-c 0_r_ Va.i4ncPS,
ThanI you,
Sincer(ely)
Attach men Hens r Na n K" S'fay
ONCE PRISTINERE6 HILL,,COMMUNITY D ABSORB I1 l5,
CONDOS,- 350 MORE VENICLES. ON 1STEEP`-:SLOPES
By Sherm Goldstein
Of the CUE'arn(
ruined iffhe.ci
unit conclornit
mit-Foothill Cj
of Alhambra.7
Sycamore Inn
remaining und
Red Hill.
:I iVE n of t K6
inc special,. 1
c
0 e- With three -story structures
r� or four
1=6se
ning nd.,
handling a
rt '00thi l3ou vard
le 17 u its
n,
.�appr8va
�y the
.
wo-uldifit at the bottom: 6 t� e hill _away
'city n6il.in
council
from �h b siope;, Such dbsigni�are common
order joamend
onthoroughfares -' hrobgh6'yt Southern'
-the,citys gen-
California --,iq Ana' e
, , and,l3rea,
eral plan, which
Ur'eAdMple i7
prghibited the"But
.concerned tifiz'
ens are also upset
�d'6 veloprrepit.,�.
b
--..'a outthe :imDactbh--tra ic'Afleast_350
fri
f §jop_0s6rpat7
_4
Tnqr&�cars,i�i(l bo'aumpeo:,qnto F pothill
erahan'Boulevard
betw'
grik
grade `:'The'
-are,ln iritffsectipn, of Foothill.
.
genera pap._.-.
mga resident too, o.much the:an money:to p;
o develop,
v and rove probi pmqtiq;,espe
Boulevard J5;
6all urin rush.hour. Therewill only be
so much unity1riput' hv-even
'w
on a Jn out of'thp.-,�development,
:)rgpous view -r HAVE a general j��Lou're
itview will be,.'
g—oihq to:
betwe IT t yca ore lnhand, Red: Hill
' keel2 amending- it?."- lame toy.,.,l
off'on- a 175 ntsS
nt
q rive--,T�hai,eniry will be most
Country,
I., 20y6,...Imilar.prop.osal.eamebef8r(4::,
Pacific Sum- -city-�council::Council�mu-mbers
_easiI_','a-c_6` ssiib[6 for vehi�-Ies'h di
y ,ea prig west
the Diane
Y.-�Properties-
on Fooi traveling east on Foot -
Williarns-and Rex Gutierrez voted ag ainst
.6s arobrid the' jt, but.it'stillpasse&Th failing economy
hill corning from m
Upland will.,be'--. '.et,wa
an-:s will have to make'
cement,mpdian, tqy�
s up the last and recession ndth e- project was then llft,� ai
of historic I
a u-turn farther down Foothill and come.'
- ..5cbttl6d.'GO�tierreziso4the'c*6'un''ci-i:'Ob-
back'--"
d serversare won Qringho%WIVIs.Villiams
The entire Proi6ct does nothing for Ran
. .....
will vote this"tirrie around. Her colleagpe's,-
'ty� Ic thaMayor
-
gho Cucamonga other
than decrease the
-bennis,�Midkael,-and co tindlmen*
believes Haink'Stoy., lfDevel-
ties e Sam Spagq�[Oaricl:'Biill Ale�ander,�Votecl for
quality,bflife
p ii i s n't'p ro a' re' st
ss", says Stoy, !�U
h
t e project,in, 2QO6. Will they continue to
d fr a', -I� - - - -
more, of th-P same-- traffic, bollution and:
— �a
�� +e, +k I A 1)
'ore
structures have slid d6wn.�Ho`m"eowrers4
, , - I i -
like Sto'y ask, idiy!_e_rr�p_1fate? Most of
the slope's grade is 306 or more, I requir-
- I an scope
A possible [,� _* I-
ss i would be to �.approve
the r)roiect,�butkeedc6:ncloanff thptppp Gra PeU i ne _Press
2-6 �1 7"
®r I
C-ALIFOft�
mp"1b
14
H a 5f
WILIE E
July 2.7,:2011
Sent ilia emai/
atUral Resources,Aqency EDMUND G. BROW, Jr., Govemo
FISH AND WILDLIFE 6HARLTON H. BONHAM, D"Otor
WI., suite b-2.20
Mt. Thornas` Gr6hh
i"Rancho Cucamonga
�1060�6CIVI G Ce nf er'Onve
RanchO'QucamPngq,,,-.CA,91730
tbm.Qfahn@C'itvbfr6.us
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PDNGP
VNI,
Subjpct initial S , tudy with'Proposed MIit igated Negative, Declaration
GP�� DkG2016-60206, SU31716605M, DR DR02012-0672, VAR
Q DR�016-
. _ _ PP2017,,&TRP,DRIC2012-OOQ,7,0(SypamoreHei..ghtsProjoct)
State Clearinghouse No.2017071410
I Dear Mr: Grahn:
The Department,of Fis
comment on'theInitial
(lWMND)j6t General I
Nodification 8U13TTI E
'DRC2016-00207 and
'Sycimore,1169hts Prc
Department ,is,res.ponc
resources (California F
California Environmen
a Rdsponsiblb'Agency
Zection 15391), such;
Agreeme
nt (041ifornia,
California Endangered
Endangered', Threater
Code Sections 2080,a
afent
any
-Clearinghouse No. 201707101 Of. the
as -a Trustee Agency for fish -and Wildlife
le, Sections 711 .7-and 1802, and the,
tAj Guidelines Section 1. 5386)i and as, -
et seq,') and/o,ra
and Game,
The project, proposes the developmentf 1 ' ' o ' 75- attached
ttached condominium
ndominium units on,
24.19 acres located on the north sid.eOf Foothill Boulevard, between Red HIIV
Country Club Drive 'and the Padfi c, Electrictrali, inihetity of Rarichd
Cucamonga, San Bernardino County,.
Conserving Cgifmia s, 'Wildlife Sinc,e 1870
Mitigated Negative Declaration
Sycamore Heights Project
SCH No. 2017071.01.0
Page 2 of 3'
COMMENTS AND RECOMMENDATIONS
The Department has jurisdiction overthe conservation, protection, and
management offish, wildlife, native,plants, and the habitat necessary for
biologically sustainable populations,of those species (i.e., biological resources);
and administers the Natural Community Conservation Planning Program (NCCP
Program). The Department offers the comments and recommendations
presented'belowto assist the City of Rancho Cucamonga (City; the CEQA lead
agency)'in adequately,identifying and/or mitigating the project's significant, or
potentially significant, impacts on biological resources.
The Department's comments and�recommendatlons on the IS/MND include:
Jurisdictional Waters
Please note that the Department requires notification for work undertaken in or
near any river, stream, or lake that flows at least episodically, including
ephemeral streams, desert washes, and watercourses with a subsurface flow.
Fishand Game Codesection1602 states, "An entity may not substantially divert
or obstruct the, natural flow of, or substantially change or use any material from
the bed, channel, or bank of, any river, stream, or lake, or deposit or dispose of
debris, waste, or other material containing crumbled, flaked, or ground pavement
where it may pass into any river, stream, or lake, unless all of the following
occur...." Upon receipt of a complete notification, the Department determines if
the activities may'substantially adversely affect existing fish and wildlife
resources.
The July 21, 2003 Ecological -Sciences, Inc., 2003'Habitat Suitability Evaluation
states (Page 4) "The site is ... bisected by several north -south trending drainages
(n=4)" and (Page 12) "...based on our initial site visit and general jurisdictional
analysis, several potentially jurisdictional features are present on site (e.g., four
generally north -south trending drainages." Page 12 of the 2003 Habitat Suitability
Evaluation also comments that "A formal delineation for either state or federal
wetland jurisdiction was not conducted for this analysis" and that "Further
analysis would be necessary to determine jurisdictional status and more fully
evaluate the need for permitting prior to site development." Despite the
recommendation forfurther analysis, the Department was unable"to ascertain
(based on the documents circulated for review) whether further analysis was
completed.
Based on "review of aerial photography, the site plan, and conceptual grading
plan (copies of the latter two were requested for review by the Department) the
Department recommends that prior to adoption of the MND the City condition a
new mitigation measure requiring, that the project applicant submit a :Notification
of Lake or Streambed Alteration to the Department's Lake and Streambed
Mitigated Negative Declaration
Sycamore Heights Project
'SCH No. 2017071010
Page 3of 3
Alteration Program` at the, Ontario office.`Specifically, the Department requests
that the City condition the inclusion of the following new mitigation measure in the
MND:
Mitigatioh Measure B10-3: Prior to issuance of any grading permit
Project Applicant shall provide to the City of Rancho Cucamonga either of
the following:
Written correspondence from the California Department of Fish and
Wildlife stating that notification under Section 1602 of the California Fish
and Game Code is not required for the project; or copy of a Department
executed Lake or Streambed Alteration Agreement;, authorizing impact's to
California Fish and Game Code, section 1602'resources associated with
the project.
Department Conclusions and Further Coordination
The Department, appreciates the opportunity to comment on the IS/MND'for
the Sycamore Heights Project (SCH No, 2017071010), and we request that
the City of Rancho Cucamonga condition the inclusion of Mitigation Measure
BIC-3 prior to adoption of the MND. If you should have any questions
pertaining to the, comments provided in this letter; please contact Joanna
Gibson at (909).987-7449 or at ioanna..gibson(a)wildlife.ca.gov.
Sincerely,
�^' "a !tc•rv�lNan
'- gional Manager
ec: State Clearinghouse