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HomeMy WebLinkAboutResolution 2026-012RESOLUTION NO. 2026-012 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE A MUNICIPAL CODE AMENDMENT TO AMEND TITLE 17 ("DEVELOPMENT CODE") OF THE RANCHO CUCAMONGA MUNICIPAL CODE TO PROHIBIT HOME EXPERIENCE SHARING, AND MAKE A FINDING OF EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER SECTIONS 15060(C)(2) AND 15061(B)(3) OF THE CEQA GUIDELINES. A. Recitals. 1. The City of Rancho Cucamonga has prepared Municipal Code Amendment DRC2026- 00097, as described in the title of this Resolution. Hereinafter in this Resolution, the subject Municipal Code Amendment is referred to as "the application". 2. On the 22nd day of April 2026, the Planning Commission of the City of Rancho Cucamonga conducted a duly noticed public hearing on said 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 this Commission during the above -referenced public hearing on April 22, 2026, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. Observations of home experience sharing highlighted problems such as inadequate maintenance of amenities, increased noise and traffic, and disturbances and confrontations in residential areas from the use of these spaces. Prohibition of home experience sharing uses is necessary to mitigate these challenges. b. The Amendments conform to and do not conflict with the goals, policies, and implementation programs of the General Plan, including, without limitation, the Housing and Land Use Elements thereof, and will provide for development in a manner consistent with the General Plan, specifically: 1) General Plan Goal N-1, Noise promotes a city with appropriate noise and vibration levels that support a range of places from quiet neighborhoods to active, exciting districts; 3. The Planning Department Staff have determined that the project is statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under Sections 15060(C)(2) AND 15061(B)(3) of the Government Code as set forth in Section 21080.17 of the Public Resources Code. The proposed code amendment is consistent with this exemption. The Planning Commission has reviewed the Planning Department's determination of exemption, and based on its own independent judgement, concurs in the staff determination of exemption. 4. Based upon the findings and conclusions set forth in paragraphs 1, 2, and 3 above, this Commission hereby recommends that the City Council approve Municipal Code Amendment DRC2026-00097 as indicated in Exhibit A incorporated herein by this reference. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 22nd DAY OF APRIL 2026. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA Alvin C. Boling, it ATT Nakamura, Secretary I, Jennifer Nakamura, Secretary of the Planning Commission of 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 22nd day of April 2026, by the following vote -to -wit: AYES: COMMISSIONERS: BOLING, DOPP, MORALES, DIAZ NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: EXIHIBIT A DRAFT ORDINANCE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, APPROVING A MUNICIPAL CODE AMENDMENT TO AMEND TITLE 17 ("DEVELOPMENT CODE") OF THE RANCHO CUCAMONGA MUNICIPAL CODE TO PROHIBIT HOME EXPERIENCE SHARING AND FINDING AN EXEMPTION FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER SECTIONS 15060(C)(2) AND 15061(B)(3) OF THE CEQA GUIDELINES. WHEREAS, 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; and, WHEREAS, 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 Experience Sharing 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; and, WHEREAS, 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; and, WHEREAS, 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; and, WHEREAS, on July 16, 2025, in accordance with California Government Code Sections 65858 and 65090, the City Council of the City of Rancho Cucamonga adopted Interim Urgency Ordinance No. 1043, which extended the moratorium (initially enacted pursuant to Interim Urgency Ordinance No. 1030 and subsequently extended by Interim Urgency Ordinance No. 1032) by an additional 12 months (beyond September 17, 2025), in order to allow City Staff sufficient time to prepare a permanent ordinance prohibiting Home Experience Sharing; and, WHEREAS, the City of Rancho Cucamonga ("City") has prepared a Municipal Code Amendment (set forth in EXHIBIT 1) to prohibit the use of any land within the City for Home Experience Sharing; and, WHEREAS, on April 22, 2026, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing on the proposed Municipal Code Amendment and concluded said hearing on that date, at which point, the Planning Commission voted to adopt Resolution No. 2026-012 recommending that the City Council approve Ordinance No. WHEREAS, on , 2026, the City Council conducted a duly noticed public hearing, considered all written and oral Staff reports, together with public testimony, and concluded said hearing on that date, and thereafter introduced for first reading this Ordinance; and, WHEREAS, based upon the reports and testimony presented to the City Council during the public hearing, the City Council specifically finds that Home Experience Sharing would have extensive adverse impacts upon the health, safety, and welfare of the community — including, but not limited to, as a result of increased noise, disorderly conduct, lack of adequate sanitation facilities, and lack of adequate on -street and off-street parking for residents and guests; and, WHEREAS, the City Council desires to prohibit properties within all Residential Zones of the City from being used for Home Experience Sharing to prevent the adverse impacts resulting therefrom; and, WHEREAS, All legal prerequisites prior to the adoption of this Ordinance have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA DOES ORDAIN AS FOLLOWS: SECTION 1: The City Council hereby specifically finds that each of the recitals set forth hereinabove are true and correct, and are incorporated by this reference as findings in support of this Ordinance. SECTION 2: DEFINITIONS. Section 17.140.020 ("Universal Definitions") of Chapter 140 ("Universal Definitions") of Article IX ("Glossary") of Title 17 ("Development Code") of the Rancho Cucamonga Municipal Code is hereby amended to add a definition for "Home Experience Sharing" to read as follows: "Home experience sharing" 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. SECTION 3: DEFINITIONS. Section 17.140.020 ("Universal Definitions") of Chapter 140 ("Universal Definitions") of Article IX ("Glossary") of Title 17 ("Development Code") of the Rancho Cucamonga Municipal Code is hereby amended to add a definition for "Recreational Amenity" to read as follows: "Recreational amenity" 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. SECTION 4: PROHIBITED LAND USE BY BASE ZONE. Table 17.30.030-1 ("Allowed Land Uses and Permit Requirements by Base Zone") of Section 17.30.030 ("Allowed Land Use by Base Zone") of Chapter 17.30 ("Allowed Land Use by Base Zone") of Article Ill ("Zones, Allowed Uses, and Development Standards") of Title 17 ("Development Code") of the Rancho Cucamonga Municipal Code is hereby amended to add "Home Experience Sharing" as "Not Permitted" in all zones. SECTION 5: PROHIBITED LAND USE BY PLACETYPE. Table 17.38.060-1 ("Allowed Land Uses and Permit Requirements by Placetype") of Section 17.38.060 ("The Resort.") of Chapter 17.38 ("Overlay Zones and Other Special Planning Areas") of Article III ("Zones, Allowed Uses, and Development Standards") of Title 17 ("Development Code") of the Rancho Cucamonga Municipal Code is hereby amended to add "Home Experience Sharing" as "Not Permitted" in all placetypes — including Village Neighborhood ("VN"), Core Living ("CL"), Urban Neighborhood ("UN"), Transit ("T"), Mixed Use ("MU"), Recreation ("REC"), and Mixed -Use Overlay ("MU Overlay"). SECTION 6: Section 17.38.060 ("The Resort") of Chapter 17.38 ("Overlay Zones and Other Special Planning Areas") of Article III ("Zones, Allowed Uses, and Development Standards") of Title 17 ("Development Code") of the Rancho Cucamonga Municipal Code is hereby amended to add a Subsection D to read as follows: D. Notwithstanding any other provision of this code, in the event of any conflict between this Section and the specific plan, the Development Code shall prevail. SECTION 7: PROHIBITED LAND USE IN ETIWANDA HEIGHTS NEIGHBORHOOD. Table 17.38.070-1 ("Allowed Land Uses and Permit Requirements for the Etiwanda Heights Neighborhood and Conservation Plan") Section 17.38.070 ("Etiwanda Heights Neighborhood and Conservation Plan.") of Chapter 17.38 ("Overlay Zones and Other Special Planning Areas") of Article III ("Zones, Allowed Uses, and Development Standards") of Title 17 ("Development Code") of the Rancho Cucamonga Municipal Code is hereby amended to add "Home Experience Sharing" as "Not Permitted" in all zones within the Neighborhood Area ("NA") and Rural/Conservation Area ("RCA"). SECTION 8: PROHIBITED LAND USE BY FORM -BASED ZONE. Table 17.136.020-1 ("Allowed Land Uses in Form -Based Zones") of Section 17.136.020 ("Allowed Land Uses.") of Chapter 17.136 ("Land Use Standards") of Article VIII ("Form -Based Code") of Title 17 ("Development Code") of the Rancho Cucamonga Municipal Code is hereby amended to add "Home Experience Sharing" as "Not Permitted" in all form -based zones. SECTION 9: CEQA. The City Council hereby finds that it can be seen with certainty, that there is no possibility that the adoption of this Ordinance may have a significant effect on the environment, because the Ordinance will prohibit 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. It is therefore not subject to the California Environmental Quality Act review pursuant to Title 14, Chapter 3, Sections 15060(c)(2) and 15061(b)(3) of the California Code of Regulations. SECTION 10: SEVERABILITY. If any section, subsection, subdivision, paragraph, sentence, clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared unconstitutional, invalid, or ineffective. SECTION 11. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published in the manner prescribed by law. SECTION 12: EFFECTIVE DATE. This Ordinance shall take effect thirty days after its adoption pursuant to California Government Code section 36937. APPROVED AND ADOPTED THIS TH DAY OF 2026. CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA BY: L. Dennis Michael, Mayor I, Janice C. Reynolds, City Clerk of the City of Rancho Cucamonga, do hereby certify that the foregoing Ordinance was adopted at a regular meeting of the City Council held on the _ day of 2026, by the following vote: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ATTEST: City Clerk of the City of Rancho Cucamonga City Clerk EXHIBIT 1 1. Added to Section 17.140.020 ("Universal Definitions") of Chapter 140 ("Universal Definitions") of Article IX ("Glossary") of Title 17 ("Development Code"): "Home experience sharing" 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" 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. 2. Amended Table 17.30.030-1 ("Allowed Land Use and Permit Requirements by Base Zone") of Section 17.30.030 ("Allowed Land Use by Base Zone") of Section 17.38.060 ("The Resort.") of Chapter 17.30 ("Allowed Land Use by Base Zone") of Article III ("Zones, Allowed Uses, and Development Standards") of Title 17 ("Development Code"): TABLE 17.30.030-1: ALLOWED LAND USES AND PERMIT REQUIREMENTS BY BASE ZONE Land Use/Zoning District VL L LM M MH H NI IE OSC HR P FCIUC Residential Uses Home Experience Sharing N N N N N N N N N N N N 3. Amended Table 17.38.060-1 ("Allowed Land Uses and Permit Requirements by Placetype") of Section 17.38.060 ("The Resort.") of Chapter 17.38 ("Overlay Zones and Other Special Planning Areas") of Article III ("Zones, Allowed Uses, and Development Standards") of Title 17 ("Development Code"): Placetype VN CL UN T MU Rec MU Overlay* Residential Uses Home Experience Sharing N N N N N N N 4. Added to Section 17.38.060 ("The Resort") of Chapter 17.38 ("Overlay Zones and Other Special Planning Areas") of Article III ("Zones, Allowed Uses, and Development Standards") of Title 17 ("Development Code"): D. Notwithstanding any other provision of this code, in the event of any conflict between this Section and the specific plan, the Development Code shall prevail. 5. Amended Table 17.38.070-1 ("Allowed Land Uses and Permit Requirements for the Etiwanda Heights Neighborhood and Conservation Plan") of Section 17.38.070 ("Etiwanda Heights Neighborhood and Conservation Plan.") of Chapter 17.38 ("Overlay Zones and Other Special Planning Areas") of Article III ("Zones, Allowed Uses, and Development Standards") of Title 17 ("Development Code"): Neighborhood Area (NA) Rural/Conservation Area (RCA) (1) Regulating Zones! Subzones SR NG-2 NG-1 NE R -OS R -H R-FCIUC R -C Residential Uses Home Experience Sharing N N N N N N N N 6. Amended Table 17.136.020-1 ("Allowed Land Uses in Form -Based Zones") of Section 17.136.020 ("Allowed Land Uses.") Chapter 17.136 ("Land Use Standards") of Article VIII ("Form -Based Code") of Title 17 ("Development Code"): Form -Based Zone CE1- Land Use NE -2 NG3L NG3 CEI SWC ME1 ME2 COI CO2 CE2L CE2 Residential Home Experience Sharing N N N N N N N N N N N