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HomeMy WebLinkAbout1032 - Ordinance INTERIM URGENCY ORDINANCE NO. 1032 AN INTERIM URGENCY ZONING ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ENACTED PURSUANT TO GOVERNMENT CODE SECTION 65858 EXTENDING BY 10 MONTHS AND 15 DAYS A MORATORIUM ON THE GRANTING OF ANY ZONING APPROVAL, HOME OCCUPATION PERMIT, OR OTHER PERMIT, LICENSE, OR LAND USE ENTITLEMENT FOR USING REAL PROPERTIES ZONED AND/OR DEVELOPED FOR RESIDENTIAL USE IN THE CITY OF RANCHO CUCAMONGA FOR HOME EXPERIENCE SHARING AND DECLARING THE URGENCY THEREOF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Legislative Findings. A. The City of Rancho Cucamonga is responsible for enacting and implementing regulations governing land use and business activities within its boundaries. B. Within the past few years, the rental of recreational amenities (e.g., swimming pools, playgrounds, barbeques and grills, pickleball courts, tennis courts;•and other sports areas, and other exterior portions of real properties) separate and apart from the rental of the residential dwellings — a use that is commonly known as "Home Experience Sharing", has surged in popularity. While the rental of recreational amenities as part of a Home Experience Sharing can provide supplemental income to families within our community and provide recreational opportunities for persons without these amenities, these amenities also cause several adverse impacts upon residential neighborhoods —including, but not limited to, increased noise, disorderly conduct, and lack of adequate off-street parking for residents, that current City laws do not adequately address. Such impacts would, in turn, result -in potential conflicts between Home Sharing Experience guests and neighbors — and an increased expenditure of City resources in responding to these complaints. Additionally, Home Experience Sharing raises health and safety concerns as there are currently no regulations about the minimum standards for maintenance of the recreational amenities, sanitation facilities (especially since the recreational facilities are not rented in conjunction with a residential building), insurance coverage to cover accidents or injuries suffered by these social guests. C. On September 17, 2024, in accordance with California Government Code Section 65858, the City Council of the City of Rancho Cucamonga adopted Interim Urgency Ordinance No. 1030, which enacted an initial 45-day moratorium on Home Experience Sharing in the City. D. Since the adoption of the moratorium, City Staff has undertaken efforts to study of the benefits and detriments of Home Experience Sharing to determine whether such a use would be appropriate within the residential areas of the City — and, if so, what types of regulations and standards would be appropriate to impose upon the operation of Home Experience Sharing to mitigate any adverse impacts upon our residential communities. E. The moratorium enacted pursuant to Interim Urgency Ordinance No. 1030 is scheduled to expire on November 1, 2024. Ordinance No.1032 - Page 1 of 5 F. Although the City intends on completing its evaluation of Home Experience Sharing within a reasonable time, staff needs additional time to complete the study and to draft and enact standards and regulations regarding Home Experience Sharing that specifically address this land use and activity that protects the health, safety, and welfare of Home Experience Sharing hosts and guests, and that of the general public. G. Absent an extension of the moratorium and the passage of this Ordinance, the City Council of the City of Rancho Cucamonga finds and determines that the extension of the current moratorium for 10 months and 15 days to provide the City reasonable time to continue evaluating Home Experience Sharing and its adverse impacts and to enact adequate safeguards to protect the health, safety, and welfare is immediately necessary and appropriate. H. Pursuant to California Government,Code Section 65858(d), the City Council of the City of Rancho Cucamonga issued a written report describing the measures that were taken by the City to alleviate the conditions that led to the adoption of Interim Urgency Ordinance No. 1030 and the corresponding moratorium, which was at least ten (10) days before the expiration of Interim Urgency Ordinance No. 1030 and the City Council's consideration of this extension. I. Pursuant to California Government Code Sections 65858 and 65090, the City Council conducted a duly noticed public hearing on October 15, 2024, at which time, the City Council considered this Interim Ordinance to extend the existing 45-day moratorium on Home Experience Sharing. SECTION 2. Urgency Findings. A. The City Council finds and determines that Home Experience Sharing within the City without adequate safeguards upon expiration of the current moratorium presents an immediate threat to the public health, safety, and welfare. B. As described in Section 1, the Staff Report accompanying this Urgency Ordinance, and other evidence in the record, Home Sharing Experiences could threaten the health, safety, and welfare of the community through adverse impacts that include, but are not limited to, increased noise, disturbances of the peace and disorderly conduct, lack of required parking, and adequate safeguards in place that address minimum standards for-maintenance of the recreational amenities, sanitation facilities (especially since the recreational facilities are not rented in conjunction with a residential building), and insurance coverage to cover accidents or injuries suffered by these social guests. C. To preserve the public health, safety, and welfare, the City Council finds that it is necessary to extend the moratorium on Home Experience Sharing and that this Interim Urgency Ordinance take effect immediately pursuant to Government Code Sections 65858, 36934, and 36937 to prevent such harm. SECTION 3. Moratorium Established. A. Definitions. For purposes of this Interim Urgency Ordinance, the following terms shall be defined as set forth herein: "Home Sharing Experience" shall mean the rental or lease of a recreational amenity or recreational amenities located on real property zoned and/or developed for Ordinance No. 1032 - Page 2 of 5 residential use within the City of Rancho Cucamonga, separate from or otherwise not in conjunction with the rental of a residential dwelling unit. "Recreational amenity" or "recreational amenities" shall include any swimming pool, barbeque, grill, pickleball court, basketball court, tennis court, playground, yard area, or other portion of a residentially zoned and/or developed property that is designed or used for recreational activities. B. Moratorium. Based on the facts and findings outlined in Sections 1 and 2 of this Interim Urgency Ordinance, and notwithstanding any other ordinance or provision of the Rancho Cucamonga Municipal Code, the City Council hereby establishes a moratorium providing for the following: 1. Home Experience Sharing, as defined in Section 3.A, above, is unlawful and a public nuisance in all zones within the City during the term of the moratorium established herein or any extension thereof. 2. No Home Experience Sharing activities shall be established or continued, if previously established, in any zone within the City. 3. No application for zoning approval, home occupation permit, or other permit, license, or land use entitlement shall be approved during the term of the moratorium established herein or any extension thereof. SECTION 4. Enforcement. The provision of this Interim Urgency Ordinance shall be enforceable pursuant to the general enforcement provisions in Title 1 of the Rancho Cucamonga Municipal Code. SECTION 5. Ordinance is Supplemental. This Interim Ordinance is additional to and supplemental to, and shall not affect, except as specifically provided herein, any provision of the Rancho Cucamonga Municipal Code, which shall be operative and remain in full force and effect without limitation. SECTION 6. CEQA Findings. The City Council hereby finds that it can be seen with certainty, that there is no possibility that the adoption of this Interim Urgency Ordinance may have a significant effect on the environment, because the Interim Urgency Ordinance will impose and/or extend a temporary moratorium on the granting of any zoning approval, home occupation permit, or other permit, license, or land use entitlement for Home Experience Sharing in the City in order to protect the public health, safety, and general welfare, and will thereby serve to avoid potentially significant environmental impacts during the term of the moratorium and any extensions thereof. It is therefore not subject to the California Environmental Quality Act review pursuant to Title 14, Chapter 3, Section 15061(b)(3) of the California Code of Regulations. Ordinance No. 1032 - Page 3 of 5 SECTION 7. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Interim Urgency Ordinance or its application to any person or circumstances, if for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases of this Interim Urgency Ordinance, or its application to any other person or circumstance. The City Council hereby declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases hereof be declared invalid or unenforceable. SECTION B. Penalty. Violation of any provision of this Interim Ordinance shall constitute a misdemeanor and shall be punishable by a fine not to exceed one thousand dollars ($1,000)or by imprisonment for a period not to exceed six (6) months, or by both such fine and imprisonment. Each and every day such a violation exists shall constitute a separate and distinct violation of this Interim Ordinance. SECTION 9. Civil Remedies. The violation of any of the provisions of this Interim Ordinance hereby adopted shall constitute a nuisance and may be abated by the City through the civil process by means of a restraining order, preliminary or permanent injunction, or in any other manner provided by law for the abatement of such nuisances. SECTION 8. Effective Date; Approval and Extension of Ordinance. This Interim Urgency Ordinance, being adopted as an urgency measure for the immediate protection of the public health, safety, and welfare, containing a declaration of the facts constituting the urgency, and passed by a minimum four-fifths (4/5)vote of the City Council, shall take effect concurrent with the expiration of Interim Urgency Ordinance No. 1030 at midnight on November 1, 2024, and shall continue in effect for a period of no longer than ten (10) months and fifteen (15) days. After notice pursuant to Government Code Section 65090 and a public hearing, the City Council may extend the effectiveness of this Interim Urgency Ordinance as provided in Government Code Section 65858. SECTION 9. Publication. The City Clerk shall certify the passage and adoption of this Interim Urgency Ordinance and shall cause its publication in accordance with applicable law. Ordinance No. 1032 - Page 4 of 5 PASSED, APPROVED, AND ADOPTED this 15' day of October, 2024. L. Dennis Micha I, May r ATTEST: Qam,i� —.-- - V ice C. Reynolds, Ci y lerk STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF RANCHO CUCAMONGA ) 1, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Interim Urgency Ordinance was passed and adopted by a 4/5 vote at an Adjourned Regular meeting of the City Council of the City of Rancho Cucamonga held on the 15th day of October, 2024, by the following vote: AYES: Hutchison, Kennedy, Michael, Scott, Stickler NOES: None ABSENT: None ABSTAINED: None Executed this 16th day of October 2024, at Rancho Cucamonga, California. Yn'i-c e C. Reynol s ity Clerk APPROVED AS TO FORM: Nicholas Ghirelli, City Attorney Ordinance No. 1032 - Page 5 of 5