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HomeMy WebLinkAbout2020-06-10 Agenda Packet - PC-HPCHistoric Preservation Commission and Planning Commission Agenda June 10, 2020 Rancho Cucamonga, CA 91730 7:00 p.m. PURSUANT TO GOVERNOR GAVIN NEWSOM'S EXECUTIVE ORDER N-29-20 THIS MEETING WILL BE HELD AS A TELECONFERENCE MEETING In response to the Governor's Executive Orders, the San Bernardino County Department of Public Health requirements, and to ensure the health and safety of our residents by limiting contact that could spread the COVID- 19 virus, there will be no members of the public in attendance at the Planning Commission Meetings. Members of the Planning Commission and staff will participate in this meeting via teleconference. In place of in -person attendance, members of the public can observe and offer comment at this meeting via Zoom: VIEW MEETING VIA ZOOM APP OR ZOOM.COM AT: zoom.us/join using Webinar ID: 813-5929-0472 .or - YOU CAN DIAL -IN USING YOUR PHONE UNITED STATES: + 1 (669) 900-6833 Access Code: 813-5929-0472 A. Call to Order and Pledge of Allegiance B. Public Communications This is the time and place for the general public to address the Commission on any item listed or not listed on the agenda. The Commission may not discuss any issue not included on the Agenda but set the matter for a subsequent meeting. C. Consent Calendar C1. Consideration to adopt Regular Meeting Minutes of May 27, 2020. D. Public Hearings D1. Consideration to Amend the Municipal Code for the Regulation of Short -Term Rentals. This Item Will Be Forwarded to City Council for Final Action. E. General Business F. Director Announcements G. Commission Announcements H. Workshops -None I. Adjournment If you need special assistance or accommodations to participate in this meeting, please contact the Planning Department at (909) 477-2750. Notification of 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility. Listening devices are available for the hearing impaired. TO ADDRESS THE PLANNING COMMISSION The Planning Commission encourages free expression of all points of view. To allow all persons to speak, given the length of the agenda, please keep your remarks brief. If others have already expressed your position, you may simply indicate that you agree with a previous speaker. If appropriate, a spokesperson may present the views of your entire group. To encourage all views and promote courtesy to others, the audience should refrain from clapping, booing or shouts of approval or disagreement from the audience. The public may address the Planning Commission on any agenda item. To address the Planning Commission, please raise hand using the option feature on the device you are using. Dial -in calls, will be notified when they can speak. It is important to state your name, address (optional). Comments are generally limited to 5 minutes per individual. If you wish to speak concerning an item not on the agenda, you may do so under "Public Comments." There is opportunity to speak under this section prior to the end of the agenda. As an alternative to participating in the meeting you may submit comments in writing to Elizabeth.Thornhill(a)-citvofrc.us by 12:OOpm on the date of the meeting. Written comments will be distributed to the Commissioners and included in the record. AVAILABILITY OF STAFF REPORTS Copies of the staff reports or other documentation to each agenda item are available at www.CitvofRC.us. APPEALS Any interested party who disagrees with the City Planning Commission decision may appeal the Commission's decision to the City Council within 10 calendar days. Any appeal filed must be directed to the City Clerk's Office and must be accompanied by a fee of $3,114 for all decisions of the Commission. (Fees are established and governed by the City Council). Please turn off all cell phones while the meeting is in session. I, Elizabeth Thornhill, Executive Assistant of the City of Rancho Cucamonga, or my designee, hereby certify that a true, accurate copy of the foregoing agenda was posted on Thursday, June 04, 2020, seventy-two (72) hours prior to the meeting per Government Code 54954.2 at 10500 Civic Center Drive. HPC/PC Meeting Agenda — June 10, 2020 Page 2 of 2 PRESERVATION COMMISSION AND PLANNING COMMISSION MEETING MINUTES MAY 275 2020 A. Call to Order The meeting of the Historic Presentation Commission and Planning Commission was held on May 27, 2020. The meeting was called to order my Chairman Guglielmo at 7:04pm. Planning Commission present: Chairman Guglielmo, Vice Chair Oaxaca joined the meeting at 7:11 pm, Commissioner Dopp, Commissioner Morales, and Commissioner Williams. Staff Present: Nick Ghirelli, Assistant City Attorney; Anne McIntosh, Planning Director; Mike Smith, Principal Planner; Elizabeth Thornhill, Executive Assistant; Tabe van der Zwaag, Associate Planner; Brian Sandona, Sr. Civil Engineer; Jason Welday, City Engineer, Assistant Planner; Dat Tran, Assistant Planner; David Eoff, Sr. Planner. B. Public Communications Chairman Guglielmo opened the public communications and hearing no comment, closed public communications. C. Consent Calendar C1. Consideration to adopt Regular Meeting Minutes of April 22, 2020 Motion by Commissioner Morales, second by Commissioner Williams to approve Item C1. Motion carried 4-0-1 vote, Vice Chair Oaxaca Absent, to adopt the minutes as presented. D. Public Hearings D1. DESIGN REVIEW DRC2017-00193 AND CONDITIONAL USE PERMIT DRC2017-00194 — GEORGE BOTROS — A request for site plan and architectural review along with the operation of a proposed 12,350 square foot church and 18,033 square foot social building on a 3.28 acre (143,053 square foot) project site located at the southwest corner of East and Wilson Avenues in the Very Low (VL) Residential District of the Etiwanda Specific Plan; APN: 0225-123-05. This item is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA guidelines under CEQA Section 15332 — Infill Development. (Continued from April 22, 2020 HPC/PC meeting.) Tabe van der Zwaag, Associate Planner, presented Commissioners with a Staff Report and oral presentation (copy on file). HPC/PC Meeting Minutes — May 27, 2020 Page 1 of 7 Draft 003 ISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MEETING MINUTES MAY 275 2020 George Botros, Architect, expressed support to the neighbors assuring them soundproof walls, no distraction during events. Very sensitive to the neighbors and hope they would appreciate all that will be done in regard to landscaping being placed around church and social building, lowering the roof to minimum, and placing sidewalk on the north side of lot. There will be no outside activities. Security guard will be hired to secure premises during events. Chairman Guglielmo opened public hearing: For the record, comments received via email by the following individuals expressing in favor of the project: Mousa Diab, Aida Attiyah, John Wardeh, Lina Wardeh, Jima Awad, Samer Danial, Marta Diab, Jizelle Dakhil, Salem Diab, Alan Dahi, Fadi Jarrah, Sylvia Diab, Veolate Hannon, Fairuz Habhab, Samaher Dandouch, Tony Salhab, Wissam Dandouch, Salam Haddad, Odiet Trad, Juli Salhab, Fadi Maidaa, Mary Hannon, Brenda Samaan, Seham Hanna, Selene Saif, Kristine Saif, Basel Salhab, Bassem Diab, Christopher Salhab, Melanie Husry, Amal Salhab, Osama Kassih, Dima Kassih, Diyala Chahla, Roula Darouj, Miranda Husry, Laila Massis, Heather Hawara, Mores Naem, Dima Hannoun, Tony Kassih, Michael Salhab, Mera Salhab, Alaa Khalil, Madeline Farha, Mary Dahi, Rania Askar, Angelina Awad, Rakan Awad, Hend Danyal, Dalal Dib, Zoey Habhab, Jay Attiyah, Reem Mbarakah, Shifaa Salhab, Adib Attiyah, Elia Ghanem, Aida Ghanem, Marlien Samaan, Mark Makhoul, Christina Salhab, Rasha Hawara, Darin Farrouh, Anthony Diab, Andrew Diab, Haifaa Askar, Rouba Salhab, Aida Samaan, Jennifer Salhab, Meriel Elmalih, Malynda Wanis, Wafaa Wanis, Renee Alberre, Ghassan Elmalih, Melad Elmalih, Bernard Hanna, Haifaa Alshekh, Jovana Mahho, Aida Durghalli, Fatan Danial, Joleen Wardeh, Abdo Diab, Deena Kassab, Dr. Ziad Kassab, Silva Khalel, Evonne Alsalamy, Alondra Alsalamy, Nazir Habhab, Susan Attiyah, Hussam Durghalli and Family, Ekab Eldiab, Susan Hawara, Joun Seder, Ibraham Diab, Sherin Salhab, Clara Diab, Wafaa Batech, Ibrahim Zakour, Christine Samaan, Danny Dandouch, Hana Dandouch, Stephanie Salhab. Comments received during Public Communication Lisa and Jeff Unger, residents, requesting uniform gates needs to be a barrier at Horse Thief Lane, and Rolling Pasture. Weekend traffic is especially bad. Strongly believes light is needed. Ziat Corsot, Vice President, Perish Council of St. Elias Church, expressed his favor for church project. Michael Tahan, part of applicant team, stated the church has compromised working with neighbors to accommodate their needs. The concerns the church is having and cannot live with are the conditions regarding no more than three events. Requests to work on the language for events. HPC/PC Meeting Minutes — May 27, 2020 Page 2of7 Draft 004 PRESERVATION COMMISSION AND PLANNING COMMISSION MEETING MINUTES MAY 273 2020 T. Hedger, resident, mentioned he appreciates the new notice that went out. Commented Mr. Botros doing a good job with the project but expressed the one thing he is very happy to hear about are the three -event limit per month. Regarding the time events lasting till 11:30 p.m., so starting at 10:00pm, they will have to limit the noise. How do they report if event goes past that at night? Does it need to be documented. How will it work? Cathy Hedger, resident, agrees with Lisa Unger regarding concerns of the traffic around the area of Philly Drive, asking for better traffic control in area. Amira Dandou, Mrs. Dandou (mom), Jay Ahiyah, Fayek Salhab, Lucy N., Meriel Elmalih, Mary Hannah, Wafaa Batech all are in favor of the project. Fayah Salhab, church member requesting the three event limitations be removed. Tony Salhab, church member, expressed his concerns on the event limitations. Believes they are being treated unfairly. They're constitutional right is to practice their religion freely and openly, not conditioned. Requesting city legal team investigate further because he feels they are being treated differently due to their faith. Chairman Guglielmo closed the public hearing. Nick Ghirell, Assistant City Attorney responded to the comment that there was discriminatory intent behind the condition limiting the number of events that would be held per month. It was the applicant's written project description that indicated 3 events per month would be held. That is the only reason this condition was included in the draft resolution. There was no discriminatory intent. He reminded the Commission that there is another condition that allows a review of the CUP if there are issues. This provides a safety valve if there are problems down the road. This would be an alternative to limiting the number of events as a condition. Tabe van der Zwaag, Associate Planner, agrees with Mr. Ghirelli's comments when staff asked the applicant representative regarding limitations the church can live under. It could be interpreted two ways when they mentioned three events. Staff never interpreted that Christmas or Easter or any of those type of events are special events. We were thinking more Weddings, Anniversary parties, events that individual church members invite their families and have a party not related to a regular church event. We did not intend the limitation on these three events would capture all these church related events. Commissioner Morales asked about the Conditional Use Permit limiting the special events to three times, if it can be removed tonight and then make a motion to approve with that change. HPC/PC Meeting Minutes — May 27, 2020 Page 3 of 7 Draft 005 PRESERVATION COMMISSION AND PLANNING COMMISSION MEETING MINUTES MAY 273 2020 Commissioner Williams agrees to have the limitations removed. Regarding gate at end of street, she is asking staff to clarify that issue. Tabe van der Zwaag, Associate Planner explained there is an existing street that currently dead ends because Wilson does not pull through and it dead ends into an undeveloped area that will be in the future landscaped, including a sidewalk and bike lane. Right now, there is roughly a 10 ft. wide wood barrier that is in middle of street and people drive up and residents are asking if city can install a more permanent gate until Wilson Avenue is completed and street is pulled through. It is located approximately 1 block over from the project site. Jason Welday, City Engineer added it appears that our standard temporary barricade located at the end of the street sounds like it might need to be looked at to make sure it is in good working order. He will pass it along to Public works for them to look at and he explained it is a standard barricade for when a street is temporary closed until the extension is made to Wilson. Vice Chair Oaxaca expressed his concerns, along with other commissioners, regarding the limitation on the number of monthly events. He did read through the letter provided by the applicant that staff received making an estimate of the number of events held at the social hall. Requests if it could be explored or if there is a consensus among commissioners to drop that condition with the understanding the Conditional Use Permit (CUP) can be brought back if there seems to be an issue down the road and have an opportunity to be re-examined. It could be brought back by anyone in the community, church members, etc. and be revisited by staff and commissioners. Commissioner Dopp agrees with commissioners and stated it is unreasonable to expect any organization religious or not to plan out 12 months in advance. He understands the concerns of residents the impact to their community but at the same time, hearing we were discriminatory against this specific group, that is not the case. It is ourjob as commissioners to consider impacts. He does agree to strike out the limitations of the planning conditions. It is an unreasonable burden on any organization. Chairman Guglielmo stated one of the residents asked about the noise requirements and hours of operation. Requested staff to explain more in depth regarding the noise standards. Tabe van der Zwaag, Associate Planner, explained the development code does provide noise standards for residential districts. It is broken down from 7am to 10pm and then 10pm till 7am. It gives decibel limitations on each of those times. The church will be required to live within those same noise standards as a single-family residence. HPC/PC Meeting Minutes — May 27, 2020 Page 4 of 7 Draft 006 PRESERVATION COMMISSION AND PLANNING COMMISSION MEETING MINUTES MAY 273 2020 Nick Ghirelli, Assistant City Attorney, explained how code revision is enforced. Violation of the municipal code is a misdemeanor. Code enforcement is brought in to handle situations like that. Violation of condition of approval is subject to an administrative citation in order to remedy the violation. Anne McIntosh, Planning Director stated situations work out best when the church can identify somebody in the congregation or a responsible party the neighbors can call to try and solve the problem between them before getting the city involved. Chairman Guglielmo requested Jason Welday to speak on the traffic study on Philly Drive. Jason Welday, City Engineer explained they can look if a signal is warrant once the development on the east side comes through. Looking at the number of homes that currently come out on Philly Drive and the traffic volumes measured in the past, the volumes currently would not meet the state warrants for a traffic signal. Unfortunately, from a traffic signal standpoint, it does not meet the warrant. Looking at the traffic collision history in the last 10 years, there has been one (1) traffic collision reported in that intersection. Regarding the speed limit, they are in the process of reviewing/ updating speed limits and have added this location to the list to evaluate. Commissioner Morales commented he likes the new gate design on Rolling Pasture Place. Also, he heard a comment earlier regarding Horse Thief Place Street. The project does not extend to Horse Thief Place street. Only on Rolling Pasture and entrance at East. Nick Ghirelli, Assistant City Attorney, corrected a statement he made earlier regarding in the event there were impacts created by the project after its operation later down the road, the CUP would be brought back to the Planning Commission for consideration of potentially a new COA or a replication. Looking at Condition of Approval #10, it looks like the item would be brought back to the Planning Director. He suggestions to modify and amend condition to say, "if the operation of the facility causes adverse effects upon the adjacent neighborhood, the CUP may be reviewed by the Planning Director for consideration of additional or modified conditions of approval or termination of use. The Planning Director may refer the matter to Planning Commission for further action". He also wanted to get the consensus from the commission on how to draft the three time per month limit on events rather than strike the entire condition. All Commissioners agreed to the modification omitting the three times per month event limitation rather than strike the entire condition. Nick Ghirelli also reminded the commission the requirement for valet parking is still on the condition for larger events to prevent on street parking. HPC/PC Meeting Minutes — May 27, 2020 Page 5 of 7 Draft 007 ISTORIC PRESERVATION COMMISSION AND PLANNING COMMISSION MEETING MINUTES MAY 273 2020 Mr. Ghirelli recommends modifying the first sentence on #12 to read, "Special events in the social building shall end by 11:30pm, with all guests off the church grounds by 12:00am". Motion by Commissioner Dopp, second by Commissioner Morales to approve Item D1. Motion carried unanimously, 5-0 vote, staff recommendation to approve Design Review DRC2017-00193 and Conditional Use Permit DRC2017-00194, with the recommended changes to the Condition of Approval as stated. E. General Business E1. FY20/21 Capital Improvement Program (CIP) — Determination of conformance with the General Plan. Jason Welday, City Engineer, presented Commissioners with a Staff Report. Chairman Guglielmo opened the public communications and hearing no comment, closed public communications. Motion by Commissioner Williams, second by Oaxaca to adopt Resolution No. 20-25. Motion carried unanimously, 5-0 vote. E2. General Plan Update Anne McIntosh, Planning Director, presented Commissioners with a general plan update and video presentation. Commissioner Morales commented it was a great video and informative to show our arena requirements on how many homes we have to build and help explain to people why we are doing what we are doing. He also asked if we were caught up on our timeline or did we fall back due to Covid-19 restrictions. Ms. McIntosh answered we are on schedule and right where we should be. Commissioner Williams mentioned she noticed on the video it talked about 92% of our housing is single-family residence. She would think the next slide would be maybe a slide showing the actual number of single-family residence and the number of apartments to show that percentage situation. People do not realize the percentage of apartments. The subject needs to be addressed upfront that yes, we do have a lot of apartments and here is our percentage. It really is quite small compared to single-family houses. HPC/PC Meeting Minutes — May 27, 2020 Page 6 of 7 Draft 008 PRESERVATION COMMISSION AND PLANNING COMMISSION MEETING MINUTES MAY 273 2020 F. Director Announcements - None G. Commission Announcements - None H. Workshops — None Adjournment Motion by Vice Chair Oaxaca, second by Commissioner Williams, to adjourn the meeting; motion carried unanimously, 5-0 vote. Meeting was adjourned at 8:48pm. HPC/PC Meeting Minutes — May 27, 2020 Page 7 of 7 Draft 009 STAFF REPORT DATE: June 10, 2020 TO: Chairman and Members of the Planning Commission FROM: Anne McIntosh, AICP, Planning Director INITIATED BY: Jana Cook, Community Improvement Manager SUBJECT: CONSIDERATION OF AN ORDINANCE TO PERMIT AND REGULATE SHORT-TERM RENTAL AT RESIDENTIAL PROPERTY RECOMMENDATION: Staff recommends the Planning Commission consider providing a recommendation to City Council to approve an amendment to the Municipal Code to permit and regulate short-term rental of residential property in zones VL, L, LM, HR or single-family residence in other residential zones. BACKGROUND: Short-term rental of residential property has not been a traditional use in Rancho Cucamonga, seen much more commonly in resort or coastal communities. Through the "sharing economy" and amplified by internet services, such as Airbnb and VRBO, city staff have seen this use grow. While the activity is fully prohibited in Rancho Cucamonga, hosting platforms have provided generalized information indicating they hold listings for 270-320 properties in the city where travelers are welcome for periods of less than 30 days. The transient nature of short-term rentals makes it extremely difficult to enforce on the full prohibition. Hosting platforms provide aggregate information and remit the required Transient Occupancy Tax but are not cooperative on providing the exact location of the property or the information about the responsible person. The necessary research to identify the property and host is extremely labor intensive with little ability to obtain true compliance. Community Improvement staff have seen an increase in problems associated with this type of unpermitted land use. These issues have included large parties that have become disruptive, neighborhood parking use, late or early arrivals and departures creating neighborhood noise, and other concerns. One advertised unit was for a "Luxury Trailer" where the residents were allowing guests to stay in the 5th wheel trailer next to the house, compounding the violation. Most concerning is unpermitted construction that may create issues of life safety for residents and guests. One recent case involved a four -bedroom, three -bathroom house which had rooms subdivided and an additional five bathrooms installed to accommodate up to eight rental units. This included the unpermitted conversion of a barn to a guest house. This last property exemplifies another trend not originally seen in the sharing economy which is the property is purchased with the intent for use only as short-term rental and the host does not live on site. This has a negative effect on neighborhoods in several ways, including changing the character of a neighborhood in that the host has little interest in developing connections to 010 PLANNING COMMISSION STAFF REPORT Resolution 20-28 June 10, 2020 Page 2 of 4 the community. Exclusive short-term rental use also has the effect of reducing available housing stock for long-term residential use, increasing the housing crisis in the region. ANALYSIS: The proposed ordinance has been developed with the intent to: • Establish a regulatory framework to legalize and regulate short-term rental at residential property • Restate the requirement on hosts and Hosting Platforms to collect and remit Transient Occupancy Tax • Explicitly prohibit short-term rental at a property not occupied by the host • Prohibit any person from advertising of a short-term rental without a valid permit, and • Require Hosting Platforms to disclose to the City on a regular basis the name of the host, the address of each listing, length of stay for each listing, and the price paid for each stay. Through the permitting process, the responsible party for the short-term rental will be identified and acknowledging the operating requirements for short-term rental. The process will include an inspection of the property for rent to ensure the areas are properly intended for human habitation, including appropriate emergency egress. In 2018, the City entered into an agreement with Airbnb to collect and remit Transient Occupancy Tax. Indications from independent sources are that approximately 90% of listings in the City are on Airbnb, with the remainder spread across several platforms. This ordinance will provide the authority to hold the remaining hosting platforms accountable for transactions taking place on those sites. A large contributing factor to the perceived issues at properties reported is that there is not a full- time occupant of the residence being utilized for short-term rental. There are very few reports received about problems or nuisance activity at any property where the host is a full-time resident. This is attributable to the resident having neighborhood connections and the desire to maintain the character of the neighborhood in which the host lives. With the requirement for the host to be a full-time resident, whether owner or renter, it is anticipated the resident will prevent nuisance activity from developing. The prohibition for advertising of any unit which is not properly permitted will be a strong incentive for hosts to obtain the permit and renew in a timely manner. It will also allow the City to direct hosting platforms to remove listings which are not compliant. This may cause a reduction in the number of listings from hosts who are unable or unwilling to submit a permit application. The requirement for a hosting platform to disclose to the City the location of properties and identification of the host is similar to other cities, most closely to Santa Monica. This has been challenged legally but has been upheld as part of the proper exercise of the police powers of the city in regulating land use. Very specific to land use and for consideration by the Commission is the zones in which short- term rental will be permitted. The proposed ordinance allows permits in residential zones (Very Low (VL), Low (L), Low Medium (LM), Medium (M), and Hillside Residential (HR) districts) and any single-family residence otherwise not located in any industrial and commercial zones. The proposed ordinance does not allow short term rentals in higher density residential zones such as Medium High (MH) and High (H) that are developed with attached single-family and multi -family residences. The purpose for these restrictions is to limit the anticipated impacts of short-term rental on neighborhoods which are already high density. Many such developments already U& PLANNING COMMISSION STAFF REPORT Resolution 20-28 June 10, 2020 Page 3 of 4 experience reduced parking availability and other concerns which would be exacerbated by the intensified use. The restriction on commercial and industrial zones are in place to prevent the rental of any legal non -conforming property in areas that are likely to produce noise complaints from guests who are not familiar with the areas. Short-term rental of residential property is not specifically defined in Table 17.30.010-1: Allowed Land Uses and Permit Requirements by Base Zoning District. However, the use is most consistent with the definition of a bed and breakfast inn which is a residential structure with one family in permanent residence and up to six bedrooms rented for overnight lodging. This use is subject to a Conditional Use Permit and limited to zones VL, L, LM, CC and SC. The proposed ordinance would allow a resident in almost any single-family residence to provide short-term lodging subject to obtaining a permit and meeting the operating requirements. The permit process and operating requirements will be administered under Title 8 - Health and Safety. Accessory Dwelling Units are often used for short-term rental as there is increased privacy for the host family and guest. The construction of such units has increased with recent changes to State law permitting these additions. New units will continue to be covenant restricted to rental for 30 days or more and these units will not be permitted as short-term rental. Residents will be able to obtain a permit for older units which were lawfully constructed and not subject to covenant restriction. Environmental Assessment: The Planning Department Staff has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the general rule that CEQA applies only to projects, which have the potential for causing significant effect on the environment. Pursuant to State CEQA Guidelines Section 15061(13)(3), where it can be seen with certainty that there is no possibility that the activity in question may have significant effect on the environment, the activity is not subject to CEQA. The proposed Municipal Code Amendment does not propose any physical change to the environment itself. The amendment establishes the permitted zoning districts where an existing single- family dwelling unit, designed for overnight occupancy, can be used as a short-term rental with the approval of a short-term rental permit. The amendment is a procedural change and does not eliminate the need for the future entitlements at a specific location that may be subject to CEQA. Therefore, the amendment will not have a significant effect on the environment. FISCAL IMPACT: To avoid significant impacts on staff time, staff intends to contract with an outside firm offering enforcement tools for short-term rental. Using data analytics and their own staff, they identify properties which may not be in compliance for staff to investigate further for potential enforcement action. There will be increased impact on Business Licensing to issue permits and Community Improvement to provide inspections and any necessary enforcement. Along with the Ordinance, a Resolution to authorize Administrative Fees will be submitted. The proposed fees are $150.00 for a new permit and $100.00 for a renewal. The fees do not fully cover the costs but will offset the staff costs and data analytics contract while still remaining low enough that the cost alone is not a deterrent to obtaining a permit. 012 PLANNING COMMISSION STAFF REPORT Resolution 20-28 June 10, 2020 Page 4 of 4 COUNCIL GOAL(S) ADDRESSED: PROMOTING AND ENHANCING A SAFE AND HEALTHY COMMUNITY FOR ALL. CORRESPONDENCE: This item was advertised as a public hearing with a regular or large 1/8th page legal advertisement in the Inland Valley Daily Bulletin newspaper on May 26, 2020. As of June 2, there have been no phone calls or written correspondence received in response. EXHIBITS: Exhibit A - Resolution 20-28 013 RESOLUTION NO. 20-28 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, RECOMMENDING APPROVAL OF A MUNICIPAL CODE AMENDMENT AMENDING REQUIREMENTS AND STANDARDS FOR SHORT TERM RENTALS WITHIN THE CITY AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals. 1. The City of Rancho Cucamonga has prepared Municipal Code Amendment for the regulation of short-term rentals 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 June 10, 2020, the Planning Commission of the City of Rancho Cucamonga conducted a noticed public hearing on the 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 the Planning Commission during the above -referenced public hearing on June 10, 2020, including written and oral staff reports, together with public testimony, this Commission hereby specifically finds as follows: a. General Plan Land Use Policy LU-1.1 encourages the protection of neighborhoods from the encroachment of incompatible activities or land uses that may have a negative impact on the residential living environment. Regulating the operational standards for short-term rental located in residential neighborhoods will reduce potential impacts created by the intensified land use; and b. General Plan Public Safety Goal PS-4, Provide a high level of public safety services throughout Rancho Cucamonga, can continue to be achieved through partnerships between rental hosts, Community Improvement, City Police and Fire services designed to promote safety in short-term rental and reduce nuisance activity in residential neighborhoods. 3. The Planning Department Staff has determined that the project is exempt from the requirements of the California Environmental Quality Act (CEQA) and the City's CEQA Guidelines. The project qualifies under the general rule that CEQA applies only to projects, which have the potential for causing significant effect on the environment. Pursuant to State CEQA Guidelines Section 15061(B)(3), where it can be seen with certainty that there is no possibility that the activity in question may have significant effect on the environment, the activity is not subject to CEQA. The proposed Municipal Code Amendment does not propose any physical change to the environment itself. The amendment establishes the permitted zoning districts where Exhibit A 014 PLANNING COMMISSION RESOLUTION NO. 20-28 MUNICIPAL CODE AMENDMENT - CITY OF RANCHO CUCAMONGA June 10, 2020 Page 2 an existing single-family dwelling unit, designed for overnight occupancy, can be used as a short- term rental with the approval of a short-term rental permit. The amendment is a procedural change and does not eliminate the need for the future entitlements at a specific location that may be subject to CEQA. Therefore, the amendment will not have a significant effect on the environment. 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 as indicated in Attachment A incorporated herein by this reference. 5. The Secretary to this Commission shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 10TH DAY OF JUNE 2020. PLANNING COMMISSION OF THE CITY OF RANCHO CUCAMONGA ATTEST: Tony Guglielmo, Chairman Anne McIntosh, AICP, Secretary I, Anne McIntosh, AICP, Secretary of the Planning Commission for 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 10th day of June 2020, by the following vote -to - wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: OR Chapter 8.34 Short -Term Rentals 8.34.010 Definitions. 8.34.020 Permit Required for Authorized Short -Term Rental. 8.34.030 Permit Application. 8.34.040 Application Investigation and Criteria for Approval or Denial of Permit. 8.34.050 Permit Expiration and Renewal. 8.34.060 Permit Revocation. 8.34.070 Appeals. 8.34.080 Permits Nontransferable. 8.34.090 Operating Requirements. 8.34.100 Hosting Platform Requirements. 8.34.110 Enforcement and Penalties. 8.34.010 Definitions. The following words and phrases, whenever used in this Chapter, shall mean as follows: BOOKING TRANSACTION means any reservation or payment service provided by a person who facilitates a short-term rental, home sharing, or similar transaction between a prospective guest and a host. DIRECTOR means the Finance Director of the City of Rancho Cucamonga. DWELLING UNIT means a structure or portion thereof which is used for human habitation, as more particularly described in Section 17.126.020. GUEST means a person who rents a short-term rental for a period of less than 30 days. GROUP means a single guest or any number of guests who are occupying a short-term rental on a single rental agreement. HOST means a person engaged in providing short-term rental at their primary residence. HOSTED STAY means short-term rental activity whereby the host remains on the site of his or her primary residence throughout the duration of the guest's stay, expect during daytime and/or workhours. HOSTING PLATFORM means a marketplace in whatever form or format which facilitates the short-term rental activity, through advertising, match -making, or any other means, using any medium of facilitation, and from which the operator of the hosting platform derives revenues, including booking fees or advertising revenues, from providing or maintaining the marketplace. PRIMARY RESIDENCE means the dwelling unit used as the permanent residence or usual place of return for housing by the host. A person may have only one primary residence. SHORT-TERM RENTAL means a dwelling unit, or any portion thereof, that is rented by the host to another party for a period of not more than thirty (30) consecutive days in exchange for any form of monetary or non -monetary consideration, including trade, fee, swap or any other Attachment A 016 consideration in lieu of cash payment. Hosted stays, Un-hosted stays, and vacation rentals are types of short-term rental. TRANSIENT OCCUPANCY TAX or "TOT" means the tax imposed on occupancies of thirty (30) consecutive calendar days or less under Chapter 3.40. UN -HOSTED STAY means a short-term rental activity whereby the host remains off the site of his or her primary residence -site for some or all of the duration of the guest's stay. VACATION RENTAL means a dwelling unit that is not a primary residence, and which is available for temporary lodging, for compensation or any form of consideration. The term "vacation rental" shall not include: single -room occupancy buildings, bed and breakfast inns, hotels, a dwelling unit for which a tenant has a month -to -month rental agreement and the rental payments are made on a monthly basis, or corporate housing. 8.34.020 Permit Required for Authorized Short -Term Rental. No person, either for themselves or any other person, shall cause, allow, conduct, permit, maintain, or facilitate short-term rental at any dwelling unit within the City without first obtaining a Short -Term Rental Permit pursuant to this Chapter, and complying with all other applicable provisions of this Code. A Short -Term Rental Permit shall only be issued to authorize hosted stays and un-hosted stays. Vacation rentals are prohibited. 8.34.030 Permit Application. To apply for a Short -Term Rental Permit, a person seeking to become a host must file an application with the Director, accompanied by a nonrefundable processing fee in an amount established by resolution of the City Council. The application shall be in a form prescribed by the Director and shall contain, at a minimum, the following: A. The legal name, current address and telephone number of the applicant; B. Address of the short-term rental property, and if applicable, location telephone number; C. An index of all residents of the property with name and date of birth, juveniles may be listed by title and age only; D. A diagram of the property indicating areas intended for use as short-term rental; E. Documentation indicating the number of bedrooms within the dwelling unit, such as a record from the County Assessor's Office; F. A parking plan indicating sufficient lawful parking on the property for all vehicles belonging to residents and one additional space for each bedroom of the house to be used for short-term rental; G. A copy of a valid business license issued pursuant to Chapter 5.04 of the Rancho Cucamonga Municipal Code; H. A copy of a valid transit occupancy registration certificate pursuant to Chapter 3.4 of this code; -2- 017 L A Home Occupation Permit pursuant to Title 17 of this code is not required; J. Emergency contact information for 24-hour response within 30 minutes; K. Certification by the applicant that the information contained in the application is true to his or her knowledge and belief; L. Documentation establishing that the dwelling unit proposed to be used as a short-term rental is the host's primary residence. Such documentation shall include at least two of the following and be in the name of the host: Motor vehicle registration, driver's license, voter registration, or tax documents showing the residential unit as the residence of the host. M. The applicant shall provide two passport size photographs; and, N. Any other information required by regulations promulgated pursuant to this Chapter or deemed necessary by the Director. 8.34.040 Application Investigation and Criteria for Approval or Denial of Permit. Upon receipt of a completed application, the Director, or his or her designee, shall cause an investigation of the applicant and the application as submitted. The investigation shall be completed in a timely manner as follows and the applicant shall be notified of the result in writing in a timely manner: A. The applicant shall be required to pay the established fees for such service in addition to the permit fee. B. Inspection of the property by city staff shall be scheduled within thirty (30) days of application. C. If, as a result of this investigation, the applicant is found to satisfy all of the requirements of Section 8.34.030 and no grounds for denial exist, the application shall be approved, and a Short -Term Rental Permit shall be issued to the applicant. The permit shall contain the name, address of the permittee, a description of the short-term rental to be offered, the date of issuance and term of the permit, photograph of the permittee, and the signature of the Director or his or her designee. D. A Short -Term Rental Permit application may be denied for any of the following reasons: 1. Information contained in the application, or supplemental information requested from the applicant, is false or misleading in any material detail; 2. The applicant failed to provide a complete application, after having been notified of the requirement to produce additional information or documents; 3. The applicant is delinquent in payment of any city or county taxes, fines, or penalties in relation to short-term rental. 4. The applicant has previously held a Short -Term Rental Permit which was revoked by the City during the year prior to the application; -3- 018 5. The applicant has failed to pay any previous administrative fines, remediate any other violations, and/or complete any other alternative disposition associated with a previous violation of this Chapter; or 6. The applicant has failed to demonstrate an ability to conform to the operating standards set forth in Section 8.34.090. If the permit application is denied, written notice of such denial and the reasons therefore shall be provided to the applicant. 8.34.050 Permit Expiration and Renewal. A Short -Term Rental Permit shall be valid for twelve (12) months from the date of issuance and shall expire and become null and void on the anniversary date of its issuance. A person may apply for a permit renewal on a form provided by the City prior to the expiration of his or her active Short -Term Rental Permit and upon successfully completing an inspection by city staff. The applicant shall be required to pay the administrative fee for the permit renewal in the amount established by City Council resolution at the time the renewal application is filed. Failure of the applicant to submit a complete application prior to the expiration date of the existing Short -Term Rental Permit shall be a basis for denial of the renewal. 8.34.060 Permit Revocation. The Director may revoke a Short -Term Rental Permit issued to a short-term rental host for a third or subsequent violation of this Chapter within any period of time or for any violation of Chapter 3.40 relating to transient occupancy tax. A short-term rental host whose permit is revoked may apply for a new Short -Term Rental Permit one year after the revocation of the permit. 8.34.070 Appeals. Any person whose Short -Term Rental Permit is denied or revoked may appeal the decision in writing with the City Clerk within fifteen (15) days following the date of the Director's decision stating the grounds for said appeal. The appellant shall pay a non-refundable fee in an amount established by resolution of the City Council for such appeal. The City Clerk shall schedule an appeal hearing with the City Manager or his or her designee within fifteen (15) days of an appeal being filed. The decision of the City Manager or the designee shall be final. 8.34.080 Permits Nontransferable. A Short -Term Rental Permit granted pursuant to this Chapter shall not be transferable to another person, parcel number, or to another property owner. Said permit shall not run with the land or property to which it applies. 8.34.090 Operating Requirements. Short -Term rental hosts shall comply with the following: A. The host shall be: 1. The property owner or the spouse, parent or adult child of the property owner. 2. A tenant of the property who has occupied the property as his or her primary residence prior to making application for a Short -Term Rental Permit and who has submitted written authorization from the property owner to operate short-term rental at the residence. B. The dwelling unit shall be the primary residence of the host. -4- 019 C. The dwelling unit must be located within zones VL, L, LM, or is a single-family residence in any other zone except zones I, HI, GC, or C. A short-term rental shall not be permitted in zones 1, HI, GC, or C. D. All advertising for the dwelling unit as a short-term rental that is displayed on a hosting platform or other media shall display the number of the current and valid permit as issued by the City, a street -view photo of the front of the house and the maximum number of guests based on the occupancy limit set forth in Subsection E. E. The dwelling unit's occupancy, including the host, other residents of the dwelling unit, and guests, during a short-term rental shall not exceed two times the number of bedrooms of the dwelling unit. F. The Short -Term Rental Permit shall be conspicuously displayed in each area of the dwelling unit available for occupancy. G. Any accessory dwelling unit subject to a covenant that specifically prohibits rentals of thirty (30) days or less may not be used as a short-term rental. H. A single dwelling unit shall be limited to two (2) groups of any number concurrently or two concurrent booking transactions. I. The short-term rental shall comply with all applicable provisions of this Code and State law. I Conditions that cause a public nuisance, as defined by this Code or State law, are prohibited at the dwelling unit during a short-term rental. K. Un-hosted stays shall be limited to a total of 90 days within a calendar year at the same dwelling unit. Hosted stays shall not be limited. 8.34.100 Hosting Platform Requirements. A. Hosting platforms shall be responsible for collecting all applicable TOTS and remitting the same to the City. The hosting platform shall be considered a managing agent of the host for purpose of TOT collections and remittance responsibilities as set forth in Chapter 3.40 of this code. B. Subject to applicable laws, hosting platforms shall disclose to the City on a regular basis each short-term rental listing located in the City, the names of the persons responsible for each such listing, the address of each such listing, the length of stay for each such listing and the price paid for each stay. C. Hosting platforms shall not complete any booking transaction for any residential property or dwelling unit unless there is an approved, current and valid Short -Term Rental Permit pursuant to section 8.34.040 for the subject dwelling unit at the time the hosting platform receives a fee for the booking transaction. -5- 020 D. Hosting platforms shall not collect or receive a fee, directly or indirectly through an agent or intermediary, for facilitating or providing services ancillary to a vacation rental or unregistered short-term rental, including but not limited to, insurance, concierge services, catering, restaurant bookings, tours, guide services, entertainment, cleaning, property management, or maintenance of the dwelling unit. E. A hosting platform operating exclusively on the internet, which operates in compliance with subsections A., B., C., and D. above, shall be presumed to be in compliance with this Chapter. F. The provisions of this Section shall be interpreted in accordance with otherwise applicable State and Federal law(s) and will not apply if determined by the City to be in violation of, or preempted by, any such law(s). 8.34.110 Enforcement and penalties. A. Operating a short-term rental without a valid Short -Term Rental Permit, business license, and valid transit occupancy registration certificate is prohibited. Advertising shall be considered prima facie evidence of operation. Additional evidence of operation may include, but shall not be limited to, guest testimony, online reviews, rental agreements, receipts, or any other information deemed relevant by the City. B. A violation of this Chapter shall constitute a public nuisance, which may be abated by any means provided by law, including but not limited to injunctive relief, issuance of administrative fines pursuant to Chapter 1.12, and shall also constitute a misdemeanor punishable pursuant to Chapter 1.12. C. Each and every day, or portion thereof, a violation of this Chapter exists shall constitute a separate and distinct violation. D. The remedies provided herein are intended to be cumulative and may be used in lieu of or in addition to any other remedy provided by this Chapter or other law. -6- 021