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Home My WebLink About04 - Reestablishing the Ad Hoc Committee on Short Term LodgingQ �EwPpRT CITY OF O � z NEWPORT BEACH <,FORN'P City Council Staff Report March 10, 2020 Agenda Item No. 4 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Seimone Jurjis, Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: Seimone Jurjis, Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov TITLE: Resolution No. 2020-23: Reestablishing the Ad Hoc Committee on Short Term Lodging ABSTRACT: In July 2019, the City Council adopted Resolution No. 2019-69 forming an Ad Hoc Committee (committee) of three City Council Members to review and determine whether provisions of the Short Term Lodging ordinance should be modified and to make recommendations to the entire City Council. The committee automatically expired on February 11, 2020 after the committee made their recommendations to the City Council. The committee members desire to continue reviewing the provisions of the Short Term Lodging ordinance and return with updated recommendations. For City Council's consideration, is a resolution reestablishing the Ad Hoc Committee on Short Term Lodging. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2020-23, A Resolution of the City Council of the City of Newport Beach, California, Reestablishing the Ad Hoc Committee on Short Term Lodging. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. 4-1 Resolution No. 2020-23: Reestablishing the Ad Hoc Committee on Short Term Lodging March 10, 2020 Page 2 DISCUSSION: At the February 11, 2020 City Council meeting, the Ad Hoc Committee on Short Term Lodging (Ad Hoc Committee) submitted recommended changes to the Newport Beach Municipal Code (NBMC) on short term lodging. The Ad Hoc Committee automatically expired after the recommendations were introduced to the entire City Council. At the February 25, 2020 City Council meeting, the Ad Hoc Committee members desired to continue working on the recommendations before the City Council took final action. Due to the automatic sunset of the Ad Hoc Committee a new resolution, reestablishing the Ad Hoc Committee is required. The attached resolution rescinds Resolution No. 2019-69 and reestablishes the Ad Hoc Committee, comprised of City Council Members Diane Dixon, Jeff Herdman, and Joy Brenner. The purpose of the Ad Hoc Committee is to review, determine and make recommendations to the entire City Council of proposed revisions to the NBMC related to Short Term Lodging. ENVIRONMENTAL REVIEW: Staff recommends the City Council find approval of the Agreement is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENT: Attachment A — Resolution No. 2020-23 4-2 ATTACHMENT A RESOLUTION NO. 2020- 23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, REESTABLISHING THE AD HOC COMMITTEE ON SHORT TERM LODGING WHEREAS, Short Term Lodging is currently defined under Section 5.95.010 (Definitions) of the Newport Beach Municipal Code ("NBMC") as a dwelling unit that is rented or leased as a single housekeeping unit for a period of thirty (30) consecutive calendar days or less; WHEREAS, in July 2019, the City Council adopted Resolution No. 2019-69 forming the Ad Hoc Committee on Short Term Lodging, comprised of three (3) Council Members, to review and determine whether provisions of the Short Term Lodging ordinance set forth in Chapter 5.95 (Short Term Lodging Permit) of the NBMC ("Short Term Lodging Ordinance") should be modified and to make a recommendation to the entire City Council in regards thereto; WHEREAS, Section 2 of Resolution No. 2019-69 set the expiration of the Ad Hoc Committee on Short Term Lodging to expire automatically upon its recommendation to the City Council of proposed changes to the Short Term Lodging Ordinance; WHEREAS, at the February 11, 2020 meeting, the City Council gave first reading to Ordinance No. 2020-8 updating the Short Term Lodging Ordinance based, in part, upon recommendations of the Ad Hoc Committee on Short Term Lodging, therefore, the committee automatically terminated on that date; and WHEREAS, at the February 25, 2020 meeting, the City Council gave direction to further study Short Term Lodging and desires to reestablish the Ad Hoc Committee on Short Term Lodging. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby rescinds Resolution No. 2099-69 and reestablishes the Ad Hoc Committee on Short Term Lodging, comprised of Council Members Dixon, Herdman and Brenner. The purpose and responsibility of the Ad Hoc Committee on Short Term Lodging shall be to review, determine and make recommendations to the entire City Council of proposed revisions to the NBMC related to Short Term Lodging and any other actions necessary to comply with the California Coastal Act as set forth in California Public Resources Code Section 30000 et seq. Section 2: The Ad Hoc Committee on Short Term Lodging shall be an advisory committee and shall expire on June 30, 2021 unless terminated sooner by the entire City Council. 4-3 Resolution No. 2020 - Page 2 of 2 Section 3: The Ad Hoc Committee on Short Term Lodging shall not be subject to the Brown Act, however, the recommendation of the Ad Hoc Committee on Short Term Lodging shall be considered at a noticed and public hearing by the entire City Council. Section 4: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 5: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 6: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Section 7: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 10th day of March, 2020. Will O'Neill Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY TTORNEY'S OFFICE Aaron C. Harp City Attorney