HomeMy WebLinkAbout2020-004 - Extending the Restriction Set Forth in Emergency Ordinance No. 2020-001 Prohibiting the Issuance of Any New Short Term Lodging Permit Pursuant to Newport Beach Municipal Code Chapter 5.95 and Requiring a Minimum Night Stay for All Short Term LoEMERGENCY ORDINANCE NO. 2020-004
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH, CALIFORNIA,
EXTENDING THE RESTRICTION SET FORTH IN
EMERGENCY ORDINANCE NO. 2020-001 PROHIBITING
THE ISSUANCE OF ANY NEW SHORT TERM LODGING
PERMIT PURSUANT TO NEWPORT BEACH MUNICIPAL
CODE CHAPTER 5.95 AND REQUIRING A MINIMUM
NIGHT STAY FOR ALL SHORT TERM LODGING
RENTALS
WHEREAS, Section 200 of the Charter of the City of Newport Beach ("City") vests
the City Council with the authority to make and enforce all laws, rules and regulations with
respect to municipal affairs subject only to the restrictions and limitations contained in the
Charter and the State Constitution, and the power to exercise, or act pursuant to any and
all rights, powers, and privileges, or procedures granted or prescribed by any law of the
State of California;
WHEREAS, on January 31, 2020, the United States Secretary of Health and
Human Services announced a nationwide public health emergency, in response to the
COVID-19 outbreak;
WHEREAS, on March 4, 2020, Governor Gavin Newsom declared a State of
Emergency to make additional resources available, formalize emergency actions already
underway across multiple state agencies and departments, and help the state prepare for
the broader spread of COVID-19 ("State of Emergency);
WHEREAS, on March 11, 2020, the World Health Organization declared the
COVID-19 outbreak a pandemic;
WHEREAS, on March 15, 2020, Governor Newsom called for all bars, wineries,
nightclubs and brewpubs to close throughout the state, urged all seniors and people with
chronic health conditions to isolate themselves at home, and for restaurants to reduce
occupancy by half to keep people farther away from each other;
WHEREAS, on March 15, 2020, in response to the COVID-19 outbreak, Newport
Beach City Manager Grace Leung, who is the Director of Emergency Services ("Director
of Emergency Services") for the City, issued a Proclamation of Local Emergency
("Proclamation");
WHEREAS, on March 18, 2020, the Newport Beach City Council ratified the
Proclamation and authorized the Director of Emergency Services to take certain actions
to protect the health, safety, and welfare of the public;
Emergency Ordinance No. 2020-004
Page 2 of 6
WHEREAS, on March 19, 2020, Governor Newsom issued Executive Order N-33-
20, requiring all individuals living in the State of California to stay home or at their place
of residence, except as needed to maintain continuity of operations of the federal critical
infrastructure sectors ("Stay at Home Order");
WHEREAS, on March 19, 2020 the Federal Cybersecurity and Infrastructure
Security Agency issued guidance identifying 14 critical infrastructure sectors whose
workers provide services and functions that are essential to support a strong response to
the COVID-19 outbreak;
WHEREAS, COVID-19 has been detected in millions of people worldwide,
including, as of April 30, 2020, 97 cases in the City, and is primarily spread from person
to person;
WHEREAS, COVID-19 is easily transmitted, especially in group settings, and it is
essential that the spread of the virus be slowed to protect the ability of public and private
health care providers to handle the influx of new patients and safeguard public health and
safety;
WHEREAS, this worldwide outbreak of COVID-19 is emerging and rapidly
evolving;
WHEREAS, since the declaration of the State of Emergency, issuance of the
Proclamation and issuance of the Stay at Home Order, owners of lodging units in the City
of Newport Beach have continued to rent lodging units for short durations;
WHEREAS, the rental of lodging units for a short term jeopardizes the health,
safety, and welfare of the public and residents of the City because: (a) there are over
1,500 lodging units in the City that have short term lodging permits; (b) the short term
lodging units, which have permits, are interwoven throughout the City's residential
districts; (c) the Stay at Home Order provides that "... all individuals living in the State of
California [are] to stay home or at their place of residence, except as needed to maintain
continuity of operations of the federal critical infrastructure"; and (d) the continuous
turnover of persons occupying short term lodging units, which are interwoven throughout
the residential districts, has the potential to create a risk that COVID-19 will spread
throughout the City and beyond;
WHEREAS, Charter Section 412 provides that an ordinance necessary to
preserve the public peace, health or safety, may be introduced and adopted at one and
the same meeting if passed by at least five affirmative votes;
Emergency Ordinance No. 2020-004
Page 3 of 6
WHEREAS, in furtherance of Governor Newsom's Stay at Home Order and to help
prevent the spread of COVID-19 throughout the residential areas of Newport Beach and
beyond, on April 3, 2020, the City Council adopted Emergency Ordinance 2020-001,
which prohibits the issuance of new short term lodging permits and/or the rental of units
for a short term to any person other than those medical professionals and emergency
responders coming to the City of Newport Beach to aid with the COVID-19 outbreak;
WHEREAS, there is a need to extend the restrictions set forth in Emergency
Ordinance No. 2020-001 prohibiting the issuance of new short term lodging permits and
to require a minimum night stay for all short term lodging rentals to help protect the
community from the spread of COVID-19; and
WHEREAS, this emergency ordinance extending the restriction prohibiting the
issuance of new short term lodging permits set forth in Emergency Ordinance No. 2020-
001 and to require a minimum night stay for all short term lodging rentals is the least
restrictive way to help ensure that the health, safety, and welfare of the public is protected.
NOW, THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: The City Council for the City of Newport Beach hereby finds and
declares that this emergency ordinance is necessary to help limit the spread of COVID-
19 and to protect the health, safety and welfare of the public, including, but not limited to,
the residents of the City of Newport Beach because there are over 1,500 short term
lodging units in the City of Newport Beach, which are interwoven throughout the
residential districts, and the continuous turnover of occupants at these short term lodging
units creates a potential risk that COVID-19 will spread throughout the City of Newport
Beach and beyond. The City Council also finds and declares that there are over 1,500
units in the City of Newport Beach that have been issued short term lodging permits,
which exceeds the demand for short term lodging units in the City of Newport Beach that
are necessary to provide temporary housing to medical professionals and emergency
responders coming to Newport Beach to help aid with the COVID-19 outbreak.
Section 2: As long as this emergency ordinance is in effect, no new permits for
a short term lodging unit, which permit is required prior to renting a lodging unit on a short
term basis by Chapter 5.95 of the Newport Beach Municipal Code ("NBMC"), shall be
issued by the City of Newport Beach. For purposes of this emergency ordinance, the
definition of "short term" shall have the same meaning as Section 5.95.010 (C) of the
NBMC; and the definition of "lodging unit" shall have the same meaning as Section
5.95.010 (A) of the NBMC.
Emergency Ordinance No. 2020-004
Page 4 of 6
Section 3: Except as provided in Emergency Ordinance 2020-003, as long as
this emergency ordinance is in effect, it shall be unlawful for any owner, as defined in
Section 5.95.010 (B) of the NBMC, or agent of an owner, to rent, let, advertise for rent, or
enter into an agreement for the rental of any lodging unit for less than three consecutive
nights, where the occupancy would take place during the time period the local or
statewide emergency related to COVID-19 is in effect. Nothing in this section shall be
construed, however, to bar or preclude an existing permit holder from renting a lodging
unit for a short term to a medical professional or emergency responder coming to the City
of Newport Beach to aid with the COVID-19 outbreak for any length of time. The owner
of the short-term lodging unit or units is responsible for compliance with the provisions of
this section and the failure of an agent, or any other person or entity to comply with this
section shall be deemed non-compliance by the owner.
Section 4: Any person occupying a lodging unit as of April 3, 2020, may
continue such occupancy.
Section 5: A first violation of this emergency ordinance shall be enforceable in
accordance with Chapter 1.05 of the NBMC and the fine shall be one thousand dollars.
A second violation of this emergency ordinance, as determined by a hearing officer in
accordance with Chapter 1.05 of the NBMC, shall be punishable by the suspension of the
short term lodging permit for one year from the date of decision by the hearing officer. A
third violation of this emergency ordinance, as determined by a hearing officer in
accordance with Chapter 1.05 of the NBMC, shall be punishable by the revocation of the
short term lodging permit, and the short term lodging permit holder shall not be eligible to
reapply for a short term lodging permit for one year. For any suspension or revocation
referred to in this section, the City shall conduct the hearings in accordance with Sections
1.05.080, 1.05.090 and 1.05.110 of the NBMC except that the City shall set the hearing
for consideration by a hearing officer without requiring a request for hearing to be filed or
fine to be paid or deposited and all notices shall be sent to the holder of the short term
lodging permit.
Section 6: The City Manager shall take any and all action to ensure that this
emergency ordinance and the provisions contained herein are given widespread publicity.
Section 7: The City Manager and Director of Emergency Services is hereby
authorized to issue orders and regulations and take such other actions as may be
necessary or appropriate to respond to the COVID-19 outbreak.
Section 8 The recitals provided in this emergency ordinance are true and
correct and are incorporated into the substantive portion of this emergency ordinance.
Emergency Ordinance No. 2020-004
Page 5 of 6
Section 9: If any section, subsection, sentence, clause or phrase of this
emergency ordinance 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
emergency ordinance. The City Council hereby declares that it would have passed this
emergency ordinance 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 10: The City Council finds and determines that the introduction and
adoption of this emergency ordinance is not subject to the California Environmental
Quality Act ("CEQA") pursuant to Sections 15269(c) (the activity is necessary to prevent
or mitigate an emergency), 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 11: This emergency ordinance shall become effective on May 20, 2020,
and shall continue in full force and effect until: (a) the State of Emergency is terminated
by proclamation of the Governor of California; (b) the local emergency proclaimed on
March 15, 2020 and ratified by the City Council on March 18, 2020, is terminated by
proclamation of the City Council; or (c) such time as this emergency ordinance is repealed
in whole, or in part, by the City Council.
Section 12: The Mayor shall sign, and the City Clerk shall attest to the passage
of this emergency ordinance. The City Clerk shall cause the emergency ordinance, or a
summary thereof, to be published pursuant to City Charter Section 414.
Emergency Ordinance No. 2020-004
Page 6 of 6
This emergency ordinance was introduced and adopted at a regular meeting of the
City Council of the City of Newport Beach held on the 12th day of May 2020, by the
following vote, to -wit:
AYES: Mayor O'Neill, Mayor Pro Tem Avery Council Member Brenner Council
Member Dixon, Council Member Duffield Council Member Herdman
NAYS: Council Member Muldoon
ABSENT:
ATTEST:
4A4 11
LEILANI I. BROWN, Y CLERK
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
4 06"�" C
AARON C. C. HARP, CITY ATTORNEY
C
WILL O'NEILL, MAYOR
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the
whole number of members of the City Council is seven; that the foregoing ordinance, being Emergency
Ordinance No. 2020-004, was duly introduced and adopted at a regular meeting of the City Council on
the 12th day of May, 2020, by the following vote, to wit:
AYES: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner, Council
Member Diane Dixon, Council Member Duffy Duffield, Council Member Jeff Herdman
NAYS: Council Member Kevin Muldoon
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 131h day of May, 2020.
I(k
0a
STATE OF CALIFORNIA }
COUNTY OF ORANGE }
CITY OF NEWPORT BEACH }
C `
Leilani I. Brown, MMC
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
ss.
I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that
Emergency Ordinance No. 2020-004 has been duly and regularly published according to law and the
order of the City Council of said City and that same was so published in The Daily Pilot, a newspaper of
general circulation on the following date:
Published Date: May 16, 2020
In witness whereof, I have hereunto subscribed my name this day of
2020.
FL"#.A.W.!.rN.,A,
Leilani I. Brown, MMC`
City Clerk
City of Newport Beach, California