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HomeMy WebLinkAbout1043 - Ordinance INTERIM URGENCY ORDINANCE NO. 1043 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 12 MONTHS 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 the use of land and the conduct of 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 dwelling—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, there are a number of adverse impacts upon residential neighborhoods — including, but not limited to, increased noise, disorderly conduct, and lack of adequate off-street parking for residents, that the City's current laws would 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 complaints. Additionally, Home Experience Sharing raises health and safety concerns as there are currently no regulations pertaining to 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. On October 15, 2024, in accordance with California Government Code Section 65858(a),the City Council of the City of Rancho Cucamonga adopted Interim Urgency Ordinance No. 1032, which extended the moratorium (enacted pursuant to Interim Urgency Ordinance No. 1030) by an additional 10 months and 15 days. E. On June 18, 2025, pursuant to California Government Code Section 65858(d), the City Council of the City of Rancho Cucamonga adopted and issued a report describing the measures taken to alleviate the condition which led to the adoption of Interim Urgency Ordinances Nos. 1030 and 1032. Interim Urgency Ordinance No. 1043 - Page 1 of 5 F. Since the adoption of the moratorium, City Staff has undertaken efforts to study of the benefits and detriments of Home Experience Sharing in order to determine whether such a use would be appropriate within the residential areas of the City—and, after thorough evaluation, Staff will be proposing the enactment of an Ordinance that will modify the City's Development Code to explicitly prohibit Home Experience Sharing within the City. G. Pursuant to California Government Code Sections 65853 through 65857, a zoning ordinance (including an amendment to the Rancho Cucamonga Development Code) that imposes, removes, or modifies a regulation of the use of buildings, structures, or lands cannot be submitted to the City Council for consideration until after it has been considered by the Planning Commission at a public hearing and the Planning Commission has issued and submitted a recommendation to the City Council. H. The moratorium enacted pursuant to Interim Urgency Ordinance No. 1030 (and extended by Interim Urgency Ordinance No. 1032)is scheduled to expire on September 17, 2025. I. An extension of the moratorium is necessary in order to provide Staff sufficient time to prepare a permanent ordinance prohibiting Home Experience Sharing for consideration by both the Planning Commission and City Council at duly noticed public hearings. J. 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 12 months to provide Staff sufficient time to prepare a permanent ordinance prohibiting Home Experience Sharing for consideration by both the Planning Commission and City Council at duly noticed public hearings is immediately necessary and appropriate, K. 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 Nos. 1030 and 1032 and the corresponding moratorium, which was at least ten (10) days prior to the expiration of Interim Urgency Ordinance No. 1030 (as extended by Interim Urgency Ordinance No. 1032)and the City Council's consideration of this extension. L. Pursuant to California Government Code Sections 65858 and 65090, the City Council conducted a duly noticed public hearing on July 16, 2025, at which time, the City Council considered this Interim Ordinance to extend the existing moratorium on Home Experience Sharing for an additional 12 months. SECTION 2. Urgency Findings. 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, and that the approval of any zoning approval, home occupation permit, or other permit or land use entitlement for Home Sharing Experiences would constitute an immediate threat to the public health, safety, and welfare. 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, and lack of required parking, without adequate safeguards in place to address minimum standards for maintenance of the recreational amenities, Interim Urgency Ordinance No. 1043- Page 2 of 5 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. 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 . Extension of Moratorium and Interim Regulations. 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 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 set forth in Sections I 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 4.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 . 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. SECTI . 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 Interim Urgency Ordinance No. 1043- Page 3 of 5 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. SECTION 6. Severabili!y. 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 nay one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases hereof be declared invalid or unenforceable. SECTION 7. 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 (as extended by Interim Urgency Ordinance No. 1032) at midnight on September 17, 2025, and shall continue in effect for a period of not longer than twelve (12) months. This Interim Urgency Ordinance will be superseded upon the effective date of any ordinance enacted by the City Council of the City of Rancho Cucamonga that regulates or prohibits Home Experience Sharing within the City — including the issuance 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. SECTION 8. Publication. The City Clerk shall certify to the passage and adoption of this Interim Urgency Ordinance and shall cause its publication in accordance with applicable law. Interim Urgency Ordinance No. 1043- Page 4 of 5 PASSED, APPROVED, AND ADOPTED this 1611 day of July, 2025. L.4Dennts Michael, ayor ATTEST: im Svy, City C erk STATE QE CALIFORNIA COUNTY OF SAN BERNARDINO ss CITY CE RANCHO CUCAMONGA I, Kim Se y, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Interim Urgency Ordinance was passed and adapted by a 4l6 vote at a regular meeting of the City Council of the City of Rancho Cucamonga held on the 161 day of July, 2025, by the following vote:. YES:: Hutchison, Kennedy, Michael, Scott, Stickler NOES: Bone ABSENT: None ABSTAINED: None Executed this 1711 day of July 2025, at Rancho Cucamonga, California. 4KilSev , City Cler APPROVED AS TO FORM: . m Nicholas Chirelli, City ,attorney Interim Urgency Ordinance No. 1043 - Page 5 of 5