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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 you for helping the children of St. Jude. Gonzalez, gratefully acknowledge your support of St. Jude Children's Research Hospital®. On behalf of St. e, and especially on behalf of the children and their families, thank you for your generosity. If you have any questions, please callus at 1-800-805-5856 or email us at doncrsrasliude oL . Your donation information: Confirmation number. 4245937 Date: November 16, 2016 5:03 PM Payment method: Check Bill to: Mario Gonzalez 7611 Duck Creek PL RCH CUCAMONGA, CA US 91739 9097307605 Email address zQ jengoP7ale8 hotmail.com Gift amount: �$1.605 i Donation type I, Mario Gonzalez, on November 16, 2016 authorize St. Jude Children's Research Hospital to process my donation as a single ACH debit from my Checking account for $1.605, which will be debited within 24 hours. For inquiries, changing donation amounts, and revoking authorization, I can call St. Jude between the hours of 7 a.m. and 9 p.m. CT at 800-822-6344, 1 will communicate any changes to my donation to St.Jude with enough advance notice for St. Jude and my financial institution to take appropriate action. Please print and save a copy of this receipt for your records. In accordance with I.R.S. guidelines, no goods or services were given in exchange for this gift. Federal tax law requires that we give you this receipt to substantiate your charitable deduction. To ensure you stay connected with St. Jude, please adddonors@atjude.org to your address book. Check to see if your employer contributes matching gifts to St. Jude at Honor accomplishments, celebrate special events and holidays, or arrange for a gift to be made in memory of a loved one to benefit St. Jude. Notify options include e-cards, print cards, or mail cards http iiwww stlude orgltribute. Donate to a named fund or learn how to make a tax -saving gift through your will, trust or other estate Click to Print Receipt cl Close Window 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 r 'too 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