Loading...
HomeMy WebLinkAbout3.0_Short-Term Lodging on Newport Island LCP Amendment_PA2020-326CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT December 3, 2020 Agenda Item No. 3 SUBJECT: Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) ▪Local Coastal Program Amendment No. LC2020-008 SITE LOCATION: Citywide APPLICANT: City of Newport Beach PLANNER: Jaime Murillo, AICP, Principal Planner 949-644-3209, jmurillo@newportbeachca.gov PROJECT SUMMARY Amendment to the Local Coastal Program Implementation Plan to update coastal zoning regulations prohibiting the issuance of new short-term lodging permits on any property located on Newport Island. Any existing short-term lodging unit located on Newport Island would be permitted to remain provided it is located on an owner-occupied parcel and managed by the owner of the owner-occupied unit within one year of the effective date of the ordinance adopting the amendment (PA2020-326). RECOMMENDATION 1)Conduct a public hearing; 2)Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 21065 of CEQA and State CEQA Guidelines Sections 15060 (c)(2), 15060 (c)(3), and 15378. The proposed action is also exempt pursuant to State CEQA Guidelines Section 15061(b)(3) because it has no potential to have a significant effect on the environment; and 3)Adopt Resolution No. PC2020-044, recommending the City Council authorize submittal of Local Coastal Program Amendment No. LC2020-008 to the California Coastal Commission to amend Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code amending coastal zoning regulations for the operation of short-term lodging on Newport Island (PA2020-326) (Attachment No. PC 1). 1 INTENTIONALLY BLANK PAGE2 Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission, December 3, 2020 Page 2 INTRODUCTION Background Short-term lodging is a dwelling unit that is rented or leased for a period of less than thirty (30) consecutive calendar days. As of the date this report was written, the City has 1,478 active permits, which include 1,415 on coastal zone properties (95.7%) and 63 on non- coastal zone properties (4.3%). The City initially regulated short-term lodging by establishing Chapter 5.95 of the Newport Beach Municipal Code (NBMC) in 1992, which includes permitting requirements, standard operating conditions, and penalties. Chapter 5.95 was amended in 2004 when the City prohibited the establishment of short-term lodging in the R-1 (Single-Unit Residential) zoning district. In 2010, the City adopted a comprehensive update to the Zoning Code, which allowed short-term lodging in most residential zoning districts (not the R-1 zone) and did not list short-term lodging in mixed-use zones as allowed. 3 Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission, December 3, 2020 Page 3 Most Recent Changes Affecting Short Term Lodging Permits In January 2019, the City Council held a study session on short -term lodging and later formed an Ad Hoc Committee to review and recommend changes to the ordinance. The Ad Hoc Committee included City Council Members Diane Dixon, Joy Brenner, and Jeff Herdman. The committee members hosted several community events and meetings to gain public input from residents, property owners, as well as property managers and agents. In February 2020, after the Committee made its recommendations and more public comments were submitted, the City Council tasked the Committee with refining its recommendations. While the Committee was working on honing its recommendations, the COVID-19 outbreak occurred, and the City Council adopted emergency ordinances to protect Newport Beach residents. In May 2020, the City Council adopted Emergency Ordinance Nos. 2020-003 and 2020-004, which prohibited the issuance of any new short- term lodging permits and required a three-night minimum stay for all areas of the City, except for Newport Island where new rentals were prohibited. In June 2020, the City Council adopted Emergency Ordinance No. 2020-006 that required a four-night minimum stay on Newport Island. These requirements remain in effect until the end of the emergency period. At the June 23, 2020, City Council meeting, the Council introduced Ordinance No. 2020- 15 amending the City’s short-term lodging regulations provided in Chapter 5.95 (Short Term Lodging Permit). During the meeting, the Council took and considered further input from the public on the proposed changes. In total, nine public meetings were held with the community, including three district town hall meetings. Each meeting allowed community input from both owners of short-term rental properties and residents living next to them. At the July 14, 2020, City Council meeting, the Council adopted Ordinance No. 2020-15, amending NBMC Chapter 5.95 (Attachment No. PC 2). This ordinance was adopted in response to complaints about unlicensed units, noise, too many guests in on e unit, shortage of available street parking, and improper use of trash containers at short -term lodging units. Some of the changes adopted in the new ordinance require permit holders to post their permit number on all advertisements, register a local contact person with the City, limit the number of transient users that can stay overnight at a unit, comply with stricter noise standards, and provide transient users with a copy of a good neighbor policy. At the October 13, 2020, City Council meeting, the Council adopted Ordinance No. 2020 - 26, amending NBMC Chapter 5.95 (Attachment No. PC 3) that revised existing regulations as follows: 1. Establishes a minimum 3-night stay requirement; 2. Institutes a maximum cap of 1,550 short-term lodging permits citywide; 3. Creates of a waiting list once the 1,550 cap is reached; 4 Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission, December 3, 2020 Page 4 4. Adds regulations related to the transferability of permits; 5. Establishes a minimum age of 25 for the rental of short-term lodging units; and 6. Requires each owner to be responsible for parking violations issued to transient users while utilizing the unit. In addition, the Council adopted Resolution No. 2020-091 (Attachment No. PC 4) authorizing submittal of Local Coastal Program Amendment No. LC2020-007 amending Title 21 (Implementation Plan of the Local Coastal Program) of the Newport Beach Municipal Code to the California Coastal Commission to incorporate the minimum 3-night stay requirement and maximum cap of 1,550 permits. The changes to Chapter 5.95, described in items 1-4 above, will not go into effect until LC2020-007 is approved by the California Coastal Commission (CCC) and subsequent adoption, including any modifications suggested by CCC, of an ordinance by the City Council. Items 5-6 go into effect on November 26, 2020. Initiation of Newport Island Amendments At the October 13, 2020, City Council meeting, after deliberation of Local Coastal Program Amendment No. LC2020-007 discussed above, the City Council recognized the unique setting of Newport Island and the more intensified impacts short-term lodging units have on the residents of the small island. As a result, the City Council initiated another amendment to NBMC Title 21 (“LCP Amendment”) related to short-term lodging on Newport Island by straw vote (Attachment No. PC 5 - Meeting Minutes). The Council voted 6-1 to initiate an amendment that prohibits new permits on Newport Island and voted 5-2 to require short-term lodging on Newport Island to transition to owner-occupied and owner-managed within one year of receiving California Coastal Commission approval of the required LCP Amendments. DISCUSSION Proposed Amendments to Title 21 (Local Coastal Program Implementation Plan) The primary regulatory framework for short-term lodging is contained in Chapter 5.95 of the NBMC. However, it is classified as a visitor accommodation land use that provides lower cost access to the coast. As such, NMBC Section 21.48.115 of Title 21 currently includes general standards affecting the regulations of short-term lodging in the coastal zone, including permitted locations. In order to prohibit short-term lodging on Newport Island, an amendment to Title 21 is required. Amendments to the LCP must also be reviewed and approved by the City Council, with a recommendation from the Planning Commission, prior to submitting the amendment request to the California Coastal Commission. California Coastal Commission review and approval is required for any proposed amendment to the certified LCP. The proposed amendment (Attachment No. PC 6) would modify Local Coastal Program Amendment No. LC202020-007, currently under review by the California Coastal 5 Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission, December 3, 2020 Page 5 Commission, to further regulate short-term lodging on Newport Island in a manner that mitigates impacts on adjacent residents and public parking in an impacted area as follows: Newport Island Housing Characteristics Newport Island is a unique triangular-shaped island community surrounded by water channels on all sides and accessible via a single bridge. The Newport Island community consists of a total of 119 parcels zoned Two -Unit Residential (R-2), which could potentially allow up to two dwelling units per lot; however, the reality is 157 total dwelling units exist and more than 68 percent of the parcels (81 parcels) are developed with single- unit residences (Attachment No. PC 7). As such, the community is relatively low density and is more single-family in character than the underlying R-2 zoning suggests. The City prohibited short-term lodging in R-1 zoning districts in 2004 due to the impacts they generated, and the same reasons generally apply on Newport Island given the single- family character. Short-Term Lodging Impacts on Newport Island Prior to 2018, only three parcels (2 percent of the 157 total units) were utilized for short-term lodging. In the last three years, there has been a significant increase (475 percent) in properties used for short-term lodging with a total of 18 permits issued (11.5 percent of the 157 total units) on Newport Island. Given the limited access to Newport Island, it is important to ensure that the number of short- term lodging units on the island is limited so that emergency personnel can properly respond to incidents without compromising the safety of Newport Island residents and visitors. Newport Island is a residential area where dwelling units are primarily occupied by the property owner or long-term tenants and these more permanent residents are adversely impacted by the noise, traffic, refuse and demand for parking resulting from occupancy of short-term lodging units. The overabundance of such visitors within Newport Island can sometimes adversely disrupt the quiet enjoyment of property and is changing the residential character of the neighborhood. On-street parking on Newport Island is heavily impacted due to the age of the community, which was originally subdivided in 1907. Newport Island primarily consists of older residences, which are nonconforming to current modern parking standards and narrow streets. On-street parking is used by residents, their guests, and by visitors seeking public access to the water via nine street ends and a public park. With the proliferation of short - term lodging units on the island, the number of transient users and their guests has increased the need for on-street parking that is in very short supply. This negatively impacts the community and impacts public safety because transient users and their guests park in red zones, in front of driveways blocking access to neighborhood homes, and it interferes with emergency access. 6 Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission, December 3, 2020 Page 6 Phase-Out of Existing Short-Term Lodging Permits If the amendment is adopted, the existing short-term lodging permits would be permitted to remain active and transferable until one year following the effective date of the implementing ordinance. Following the one year, any existing permits would become void except for permit holders that are on -site property owners (owner-occupied properties) who directly manage their short-term lodging units. However, the LCP Amendment requires submittal to the California Coastal Commission (CCC) for review and approval prior to adoption, which generally takes one year to process through the CCC. If the CCC approves the LCP Amendment, the City Council could then formally adopt the ordinance and the regulations would become effective one-year after adoption. Therefore, the total transition period would effectively be approximately two years from now and is intended to allow existing permit holders adequate time to either sell their properties, find long -term tenants, or move into the property and manage the short-term lodging unit. Allowance for On-Site Property Owners and Management The amendment includes an exception for property owners that are existing permit holder, that live on-site and will directly manage the short-term lodging unit. This includes property owners that rent rooms for short term duration within their respective dwellings, or owners of a duplex that reside in one unit and rent out the second unit for short-term durations. As illustrated in Table 1 below, of the 18 units currently permitted for short-term lodging, it appears five are owner-occupied based County Assessor Tax records where the property address and owner’s mailing address match. A majority of these owner - occupied units are single-family dwellings. It is not clear if these owners rent rooms within their dwellings, rent their dwellings while away, or they are simply maintaining a license. The intent of requiring owners to live on-site and directly manage the rental units is to encourage greater responsibility and ability t o quickly respond to complaints and disturbances from transient tenants. Table 1- Summary of Short-Term Lodging Units on Newport Island Property Type Number of Properties Number of Licenses Number of Owner- Occupied Units Duplexes 7 10 1 Single-Family Dwellings 8 8 4 Total 15 18 5 General Plan Consistency General Plan Policy LU 2.6 (Visitor Serving Uses): “provide[s] uses that serve visitors to Newport Beach’s ocean, harbor, open spaces, and other recreational assets, while integrating them to protect neighborhoods and residents.” The proposed amendment is consistent with this policy since it continues to allow short-term lodging as a visitor serving 7 Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission, December 3, 2020 Page 7 use throughout other two-unit and multi-unit residential zoning and coastal zoning districts, while provide necessary protections for neighborhoods and residents. Local Coastal Program Consistency The City’s certified Coastal Land Use Plan includes Policy 2.3.3-6 that provides: 2.3.3-6. Continue to issue short-term lodging permits for the rental of dwelling units as a means of providing lower-cost overnight visitor accommodations while continuing to prevent conditions leading to increase demand for City services and adverse impacts in residential areas and coastal resources. Newport Beach hosts a variety of styles of visitor accommodations, including hotels, motels, short-term lodging units, and campground and RV sites. Short-term lodging accounts for a significant amount (28%) of the visitor accommodations within the City. Staff believes that cessation of issuing new permits on Newport Island will not result in a significant impact to public access. Within the coastal zone, there are 4,737 properties located in coastal zoning districts that allow short-term rentals; outside the coastal zone there are 1,350 properties located in zoning districts that permit short -term rentals. The previously proposed 1,550 permit cap equates to 25.5 percent of eligible properties. The current proposal to prohibit new permits on Newport Island would reduce the total number of eligible properties within the coastal zone to 4,618, a negligible reduction of 2.5 percent of properties. Furthermore, 4,086 hotel/motel rooms and approximately 471 campground/RV spaces are provided throughout the City above and beyond short-term lodging permits that would be ultimately capped at 1,550. As depicted on Coastal Access and Recreation Map 3 -1 (Attachment No. PC 8) of the Coastal Land Use Plan, Newport Island provides public beach access at nine street ends and the Newport Island Park. Prohibiting short-term lodging on Newport Island will help alleviate the increased parking demand for on -street parking that short-term lodging creates in the community, resulting in additional public parking opportunities for visitors accessing the coast at these public beach access points. It is staff’s opinion that the proposed changes under this amendment are consistent with this policy as permits would continue to be issued within other two-unit and multi-unit coastal zoning districts throughout the City and coastal zone, while limiting permits on Newport Island to address adverse impacts they have on this unique island’s residents and public access parking opportunities. Environmental Review The LCP Amendment is exempt from the California Environmental Quality Act (“CEQA”) pursuant to Section 21065 of CEQA and State CEQA Guidelines Sections 15060 (c)(2), 15060 (c)(3), and 15378. The proposed action is also exempt pursuant to State CEQA Guidelines Section 15061(b)(3) because it has no potential to have a significant effect on 8 Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission, December 3, 2020 Page 8 the environment. The LCP Amendment itself provides additional regulations on short-term lodging; but, since the use is already permitted, it does not authorize development that would directly result in physical change to the environment. Public Notice Pursuant to Section 13515 of the California Code of Regulations, a review draft of the LCP Amendment was made available and a Notice of Availability was distributed on November 20, 2020, to all persons and agencies on the Notice of Availability mailing list including the Coastal Commission. In addition, notice of this hearing was published in the Daily Pilot, mailed to all Newport Island property owners and owners of property within 300 feet of the boundaries of Newport Island (excluding intervening rights-of-way and waterways), and posted on the 15 properties that currently maintain a short-term lodging permit on Newport Island, at least 10 days before the scheduled meeting. The item also appeared on the agenda for this meeting, which was posted at City Hall and on the City website. Correspondence Received Correspondence received prior to the publication of this report is included as Attachment No. PC 9. Prepared by: Submitted by: ATTACHMENTS PC 1 Draft Resolution No. PC2020-044 PC 2 City Council Ordinance No. 2020-15 PC 3 City Council Ordinance No. 2020-26 PC 4 City Council Resolution No. 2020-91 PC 5 City Council minute excerpts, dated October 13, 2020 PC 6 Redlined Zoning Code Text Changes PC 7 Short-Term Lodging and Unit Count on Newport Island Exhibit PC 8 Coastal Access and Recreation Map 3-1 PC 9 Correspondence Received 9 INTENTIONALLY BLANK PAGE10 Attachment No. PC 1 Draft Resolution No. PC2020-044 11 INTENTIONALLY BLANK PAGE12 RESOLUTION NO. PC2020-044 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH, CALIFORNIA, RECOMMENDING THE CITY COUNCIL AUTHORIZE SUBMITTAL OF LOCAL COASTAL PROGRAM AMENDMENT NO. LC2020-008, AN AMENDMENT TO TITLE 21 (LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN) OF THE NEWPORT BEACH MUNICIPAL CODE RELATED TO SHORT-TERM LODGING ON NEWPORT ISLAND (PA2020-326) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. On October 13, 2020, after deliberation of Local Coastal Program Amendment No. LC 2020-007, the City Council initiated an amendment to Title 21 (Local Coastal Program Implementation Plan) (“LCP Amendment”) related to short-term lodging on Newport Island. 2. Pursuant to Section 13515 (Public Participation and Agency Coordination Procedures) of the California Code of Regulations, Title 14, Division 5.5, Chapter 8, a draft of the LCP Amendment was made available and a Notice of Availability was distributed on November 20, 2020, a minimum of six (6) weeks prior to the anticipated final action date. 3. A telephonic public hearing was held by the Planning Commission on December 3, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California, due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time, place, and purpose of the public hearing was given in accordance with Government Code Section 54950 et seq. (“Ralph M. Brown Act”) and Chapter 21.62 (Public Hearings) of the Newport Beach Municipal Code (“NBMC”). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. The LCP Amendment is not a project subject to the California Environmental Quality Act (“CEQA”) in accordance with Section 21065 of the California Public Resources Code and Sections 15060 (c)(2), 15060 (c)(3), and 15378 of the California Code of Regulations Title 14, Division 6, Chapter 3 (“CEQA Guidelines”). The proposed action is also exempt pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The LCP Amendment itself provides additional 13 Planning Commission Resolution No. PC2020-027 Page 2 of 7 regulations on short-term lodging; but, since the use is already permitted, it does not authorize development that would directly result in physical change to the environment. SECTION 3. FINDINGS. 1. The LCP Amendment is consistent with the City of Newport Beach General Plan (“General Plan”). General Plan Policy LU 2.6 (Visitor Serving Uses) “provide[s] uses that serve visitors to Newport Beach’s ocean, harbor, open spaces, and other recreational assets, while integrating them to protect neighborhoods and residents.” The LCP Amendment is consistent with this policy since it continues to allow short- term lodging as a visitor serving use, while providing necessary protections to the residents of Newport Island. 2. The LCP Amendment is consistent with the following policies of the City of Newport Beach Local Coastal Program Coastal Land Use Plan (“Coastal Land Use Plan”): Policy 2.3.3-6: Continue to issue short-term lodging permits for the rental of dwelling units as a means of providing lower-cost overnight visitor accommodations while continuing to prevent conditions leading to increase demand for City services and adverse impacts in residential areas and coastal resources. Policy 2.7-3: Continue to authorize short-term rental of dwelling units pursuant to permits and standard conditions that ensure the rentals will not interfere with public access and enjoyment of coastal resources. 3. Newport Island is a unique triangular-shaped island community surrounded by water channels on all sides and accessible via a single bridge. The Newport Island community consists of a total of 119 parcels zoned Two -Unit Residential (R-2), which could potentially allow up to two dwelling units per lot; however, the reality is more than 68 percent of the parcels (81 parcels) are developed with single-unit residences. As such, the community is relatively low density and is more single- family in character. 4. Prior to 2018, only 3 parcels (2 percent of the 157 total units) were utilized for short- term lodging. In the last three years, there has been a significant increase in properties used for short-term lodging with a total of 18 permits issued, which equates to 11.5 percent of the total units on Newport Island. 5. Given the limited access to Newport Island, it is important to ensure that the number of short-term lodging units on the island is limited so that emergency personnel can properly respond to incidents without compromising the safety of Newport Island residents and visitors. 14 Planning Commission Resolution No. PC2020-027 Page 3 of 7 6. On-street parking on Newport Island is heavily impacted due to the age of the community, which was originally subdivided in 1907. Newport Island primarily consists of older residences, which are nonconforming to current modern parking standards and narrow streets. On-street parking is also used by visitors seeking public access to the water via nine street ends and a public park. With the proliferation of short-term lodging units in the community, the number of transient users and their guests has exacerbated the need for on-street parking. This negatively impacts the community and impacts public safety because transient users and their guests park in red zones, interfering with emergency access, and in front of driveways blocking access to neighborhood homes. 7. Newport Island is a residential area where dwelling units are primarily occupied by the property owner or long-term tenants and these permanent residents are adversely impacted by the noise, traffic, refuse and demand for parking resulting from occupancy of short-term lodging units. The presence of such visitors within Newport Island can sometimes adversely disrupt the quietude and residential character of the neighborhood. 8. The City has an interest in preserving its housing stock and the quality and character of the Newport Island residential community. 9. The Planning Commission has reviewed and considered evidence and documentation attesting to the need to limit the number of short-term lodging permits on Newport Island. 10. The LCP Amendment shall not become effective until approval by the California Coastal Commission and adoption, including any modifications suggested by the California Coastal Commission, by resolution and/or ordinance of the City Council of the City of Newport Beach. 11. Title 21, including the LCP Amendment, will be carried out fully in conformity with the California Coastal Act. 12. The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission finds the LCP Amendment is not a project subject to CEQA pursuant to Section 21065 of CEQA and CEQA Guidelines Sections 15060 (c)(2), 15060 (c)(3), and 15378 of the California Code of Regulations Title 14, Division 6, Chapter 3. The LCP Amendment is also exempt pursuant to CEQA Guidelines Section 15061(b)(3), because it has no potential to have a significant effect on the environment. 15 Planning Commission Resolution No. PC2020-027 Page 4 of 7 2. The Planning Commission of the City of Newport Beach hereby recommends the City Council authorize submittal of Local Coastal Program Amendment No. LC2020- 008, as set forth in Exhibit “A,” which is attached hereto and incorporated herein by reference, to the California Coastal Commission. 3. The Planning Commission of the City of Newport Beach hereby further recommends to the City Council that any existing short-term lodging units located on Newport Island and legally established on or before the effective date of LC2020-008 may be permitted to continue operation provided they are located on a pa rcel with an owner-occupied unit and managed by the owner of the owner-occupied unit within one-year of the effective date of LC2020-008. PASSED, APPROVED, AND ADOPTED THIS 3RD DAY OF DECEMBER, 2020. AYES: NOES: ABSTAIN: ABSENT: BY:_________________________ Erik Weigand, Chair BY:_________________________ Lauren Kleiman, Secretary 16 Planning Commission Resolution No. PC2020-027 Page 5 of 7 EXHIBIT “A” LOCAL COASTAL PLAN AMENDMENT NO. LC2020-008 Section 1: Section 21.48.115 (Short-Term Lodging) of Chapter 21.48 (Standards for Specific Land Uses) of the NBMC is deleted and replaced in its entirety to read as follows: 21.48.115 Short-Term Lodging A. Purpose. This section provides standards for the operation of short-term lodging units to prevent over-burdening City services and adverse impacts on residential neighborhoods and on coastal access and resources. B. Permits. 1. No owner of a short-term lodging unit shall advertise for rent or rent a lodging unit located within a residential district for a short term without a valid short-term lodging permit for that unit issued pursuant Chapter 5.95. 2. An owner shall be permitted to renew, reinstate, or transfer a valid permit in accordance with the provisions of Chapter 5.95. 3. As set forth in Section 5.95.042, of Chapter 5.95, the maximum number of short- term lodging permits shall be limited to one thousand five hundred and fifty (1,550) permits at any time. If there are more than one thousand five hundred and fifty (1,550) valid permits that have been issued as of [EFFECTIVE DATE OF ORDINANCE NO. 2020-26], no new permit shall be issued to anyone on the waiting list, as described in Section 5.95.042 (D), until the total number of permits does not exceed the one thousand five hundred and fifty (1,550). 4. No short-term lodging unit shall be permitted on any parcel in the R-1 (Single-Unit Residential) Coastal Zoning District or any parcel designated for single-unit dwelling land use as part of a planned community development plan, unless the short-term lodging unit was legally established on or before June 1, 2004. 5. No short-term lodging unit shall be permitted on any parcel identified on Map A-16 (Newport Island), unless the short-term lodging unit was legally established on or before [EFFECTIVE DATE OF ORDINANCE]. On or after [ONE YEAR AFTER EFFECTIVE DATE OF ORDINANCE], a short-term lodging unit permit holder on Newport Island shall only be allowed to rent a unit for a short -term if the dwelling unit is located on a parcel with an owner-occupied dwelling unit, and is managed by the owner of the owner-occupied unit. 17 Planning Commission Resolution No. PC2020-027 Page 6 of 7 C. Operational Standards. The owner, or any other person(s) or entity(ies) that hold(s) legal and/or equitable title to the lodging unit, shall comply with all federal, state, and local laws, rules, regulations and conditions of approval including, but not limited to, all short term lodging permit conditions set forth in Chapter 5.95. In addition, the owner, or any other person(s) or entity(ies) that hold(s) legal and/or equitable title to the lodging unit, shall: 1. By written agreement, limit overnight occupancy of the short -term lodging unit to the maximum permitted by the Building Code and Fire Code. 2. Use best efforts to ensure that the transient user, occupants and/or guests of the short term lodging unit do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of this Code or any state or federal law pertaining to noise, disorderly conduct, the consumption of alcohol, or the use of illegal drugs. 3. Upon notification that any transient user, occupant and/or guest of his or her short term lodging unit has created unreasonable noise or disturbances, engaged in disorderly conduct or committed violations of this Code or any state or federal law pertaining to noise, disorderly conduct, the consumption of alcohol or the use of illegal drugs, promptly use best efforts to prevent a recurrence of such conduct by any transient user, occupant or guest. 4. Use best efforts to ensure compliance with applicable health and sanitation regulations relating to waste disposal. 5. Post a copy of any applicable permits and conditions in a conspicuous place within the unit. 6. Not rent, let, advertise for rent, or enter into an agreement for the rental of any lodging unit, for less than three (3) consecutive nights. 7. The City Manager shall have the authority to impose additional standard conditions, applicable to all short-term lodging units, as necessary to achieve the objectives of this section. Section 2: Section 21.70.020 (Definitions of Specialized Terms and Phrases) of Chapter 21.70 (Definitions) of the NBMC is amended to include the following definitions: “Dwelling unit, owner-occupied” means a dwelling unit that is occupied by a natural person with legal or equitable title to the lot who resides in the dwelling unit as the person’s legal domicile and permanent residence. 18 Planning Commission Resolution No. PC2020-027 Page 7 of 7 “Owner-occupied dwelling unit.” See “Dwelling unit, owner-occupied.” Section 3: Section 21.80.010 (Area Maps) of Chapter 21.80 (Maps) of the NBMC is amended to include the following map: A-16 – Newport Island (PDF) 19 INTENTIONALLY BLANK PAGE20 Attachment No. PC 2 City Council Ordinance No. 2020-15 21 INTENTIONALLY BLANK PAGE22 ORDINANCE NO. 2020-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING SECTION 3.16.060 AND CHAPTER 5.95 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO SHORT TERM LODGING 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, the City is a popular beach resort community that serves a large number of tourists during the summer months; WHEREAS, this influx of tourists' burdens City streets and services with heavy volume of vehicle traffic and heavy demand on parking, sewage, and refuse facilities, paramedics and police services; WHEREAS, the Police and Fire Departments frequently respond to complaints of noise disturbances, disorderly conduct and other illegal activity at short term lodging units; WHEREAS, a large number of short term lodging units are located in residential areas where dwelling units are occupied by the property owner or long term tenants and these permanent residents are adversely impacted by the noise, traffic, refuse and demand for parking resulting from occupancy of short term lodging units; WHEREAS, the presence of such visitors within the City's residential neighborhoods can sometimes disrupt the quietude and residential character of the neighborhoods and adversely affect the community; WHEREAS, the City has an interest in preserving its housing stock and the quality and character of its existing single and multi -family residential neighborhoods; WHEREAS, occupants of short term lodging units are generally not residents of the City and the City has limited ability to enforce provisions of the Newport Beach Municipal Code and the Penal Code related to disorderly conduct when violated by occupants of short term lodging units; 23 Ordinance No. 2020-15 Page 2 of 18 WHEREAS, on May 11, 1992, the City Council adopted Ordinance 92-13, establishing regulations for the operation of short term lodging units within residential zones to mitigate the impact of this use on the residents of the City; and WHEREAS, the City Council has reviewed and considered evidence and documentation attesting to the need to further regulate and control short term lodging units in residential zones to ensure that short term lodging units are regulated in a way to maintain harmony with surrounding uses and all transient occupancy taxes and visitor service fees are properly collected and remitted to the City. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: Section 3.16.060 of Chapter 3.16 of Title 3 of the Newport Beach Municipal Code is hereby amended to read as follows: 3.16.060 Registration of Hotel. Within thirty (30) days after commencing business each operator of any hotel renting occupancy to transients shall register the hotel with the Finance Director and obtain a "transient occupancy registration certificate" to be at all times posted in a conspicuous place on the premises. The certificate shall, among other things, state the following: A. The name of the operator; B. The address of the hotel; C. The date upon which the certificate was issued; and D. The following statement: This transient occupancy registration certificate signifies that the person named on the certificate has fulfilled the requirements of the Uniform Transient Occupancy Tax Ordinance (Chapter 3.16 of the Newport Beach Municipal Code) by registering with the Finance Director for the purpose of collecting the tax from transients and remitting the tax to the Finance Director. This certificate does not authorize any person to conduct any unlawful business, to conduct any lawful business in an unlawful manner or to operate a hotel without strictly complying with all local laws, including those requiring a permit from any board, commission, department or office of the City. This certificate does not constitute a permit. The requirements of this section shall not apply to the operator of a hotel required to obtain a short term lodging permit pursuant to Section 5.95.020. 24 Ordinance No. 2020-15 Page 3 of 18 Section 2: Chapter 5.95 of Title 5 of the Newport Beach Municipal Code is hereby amended to read as follows: Chapter 5.95 SHORT TERM LODGING PERMIT Sections: 5.95.005 Purpose and Findings. 5.95.010 Definitions. 5.95.015 Residential Properties Eligible for Short Term Lodging Permits. 5.95.020 Permit Required. 5.95.025 Agency. 5.95.030 Application for Permit. 5.95.035 Denial of Permit. 5.95.040 Filing Fee. 5.95.045 Conditions. 5.95.047 Violations of Permit Conditions by Transient User, Occupant or Guest. 5.95.050 Agent and Hosting Platform Responsibilities. 5.95.055 Issuance of Administrative Subpoenas. 5.95.060 Violations, Penalties and Enforcement. 5.95.065 Suspensions and Revocations. 5.95.070 Permits and Fees Not Exclusive. 5.95.080 License and Permit Closure. 5.95.005 Purpose and Findings. The City Council of the City of Newport Beach finds and declares as follows: A. An ever-increasing number of tourists renting short term lodging units is increasing the demand for City services and creating adverse impacts in residential zones. B. Over a thousand dwelling units within residential zones near the City's beaches and harbor are rented for less than thirty (30) consecutive calendar days with the vast majority of those rentals occurring during the summer when the demand for parking and City services is the greatest. 25 Ordinance No. 2020-15 Page 4 of 18 C. Many of the occupants of short term lodging units are permanent residents of areas distant from Newport Beach and the City has no effective way to prevent occupants from continuing to violate provisions of this Code and the Penal Code relating to noise, disturbances and disorderly conduct. The only effective way to minimize the problems associated with occupancy of short term lodging units is to impose responsibility on the owner of the property, either personally or through an agent, to control the conduct of guests and occupants. D. Numerous incidents involving excessive noise, disorderly conduct, vandalism, overcrowding, traffic congestion, illegal vehicle parking and accumulation of refuse are directly related to short term lodging units, which increasingly require response from police, fire, paramedic and other City services. E. The increase in demand for City services resulting from short term lodging units overburdens and threatens the City's ability to provide necessary services. F. Many short term lodging units are operated by agents and/or absentee owners who exercise little or no supervision or control of occupants. G. There has been an increase in the number of lodging units booked on a short term basis where the owner of the unit does not have a short term lodging permit, affecting the ability of the City to properly regulate the impacts caused by the illegal operation. H. There has been an increase in the number of lodging units booked on a short term basis where the owner of the property has not taken steps to ensure the transient occupancy tax and visitor service fee is collected and/or remitted to the City, resulting in an unfair business advantage to these illegal operations and loss of revenue necessary to provide City services. I. Problems with short term lodgings is particularly acute in residential districts where the peace, safety and general welfare of the long term residents are threatened. J. To ensure the effective enforcement of this Code, it is necessary to have the owner include the short term lodging permit number issued by the City on all advertisements for a short term lodging unit so the transient user knows the owner is authorized to rent the lodging unit on a short term basis. K. To ensure the transient user knows the total cost associated with renting the lodging unit and to prevent fraud, it is necessary for the owner to make sure the transient user is informed of the amount of the transient occupancy tax and visitor service fee prior to completing a booking transaction. 26 Ordinance No. 2020-15 Page 5 of 18 L. The restrictions of this chapter are necessary to preserve the City's housing stock, the quality and character of the City's residential neighborhoods as well as to prevent the continued burden on City services and adverse impacts on residential neighborhoods posed by short term lodgings. 5.95.010 Definitions. For the purpose of this chapter, the following definitions shall apply: A. "Accessory dwelling unit" shall have the same definition as set forth in Chapter 20.70 of Title 20 of this Code. B. "Agent" shall mean any person who is authorized in writing by the owner to represent and act for an owner. C. "Booking transaction" shall mean any reservation or payment service provided by a person who facilitates a short term lodging rental transaction between a transient user and owner for the use of a unit for a period of less than thirty (30) consecutive calendar days. D. "City Manager" shall mean the City Manager of the City or his or her designee. E. "Finance Director" shall mean the Finance Director of the City or his or her designee. F. "Gross floor area," shall mean the area of the lodging unit that includes the surrounding exterior walls and any interior finished portion of a structure that is accessible and that measures more than six feet from finished floor to ceiling. Stairwells and elevator shafts above the first level shall be excluded from the calculation of gross floor area. G. "Home -sharing" shall mean an activity whereby the owner hosts a transient user in the owner's lodging unit, for compensation, for periods of less than thirty (30) consecutive calendar days, during which time the owner of the unit lives onsite, in the unit, throughout the transient user's stay and the owner, the transient user and any other occupants live together in the same unit as a single housekeeping unit. H. "Hosting platform" shall mean a person, other than an owner or agent, who participates in the short term lodging business by facilitating a booking transaction using any medium of facilitation. I. "Lodging unit" or "unit" shall mean a "dwelling unit" as that term is defined in Chapter 20.70, of Title 20 of this Code. An accessory dwelling unit shall not be considered a lodging unit or unit for purposes of this chapter. 27 Ordinance No. 2020-15 Page 6 of 18 J. "Owner" shall mean the person(s) that hold(s) legal and/or equitable title to the lodging unit. K. "Person" shall mean any individual and any form of business entity including, but not limited to, all domestic and foreign corporations, associations, syndicates, joint stock corporations, partnerships of every kind, clubs, business or common law trusts, societies, or limited liability companies. L. "Residential district" shall mean those areas of the City so designated by Title 20 of this Code as well as any other area in the City designated for a residential use as part of a Planned Community Development Plan, Specific Area Plan or Planned Residential District. M. "Short term" shall mean a lodging unit that is rented or leased as a single housekeeping unit for a period of less than thirty (30) consecutive calendar days. This also includes home -sharing. N. "Short term lodging unit registry" shall mean the published registry maintained by the City that sets forth a list of all owners and the address of all units that have a valid short term lodging permit and business license with the City, a copy of which is available, without charge, to any person who requests a copy and which shall be accessible on the City's website. O. "Single housekeeping unit" shall have the same definition as set forth in Chapter 20.70 of Title 20 of this Code. P. "Transient" or "Transient user" shall mean any person or persons who, for any period less than thirty (30) consecutive calendar days either at his or her own expense, or at the expense of another, obtains lodging in a lodging unit or the use of any lodging space in any unit, for which lodging or use of lodging space a charge is made. 5.95.015 Residential Properties Eligible for Short Term Lodging Permits. Only properties in a residential district that are authorized under Titles 20 and 21 of this Code and this chapter shall be eligible for a short term lodging permit. Subsequent to June 1, 2004, no annual permit shall be issued to or renewed for any dwelling unit on any parcel zoned for "Single-family Residential (R-1)" or that is designated for a single-family residential use as part of a Planned Community Development Plan, Specific Area Plan or Planned Residential District, unless a permit has previously been issued for that lodging unit and the permit was not subsequently revoked. 28 Ordinance No. 2020-15 Page 7 of 18 5.95.020 Permit Required. No owner of a lodging unit shall advertise for rent or rent a lodging unit located within a residential district for a short term without a valid short term lodging permit for that unit issued pursuant to this chapter. 5.95.025 Agency. An owner may retain an agent to comply with the requirements of this chapter, including, without limitation, the filing of an application for a short term lodging permit, the management of the short term lodging unit or units, and the compliance with the conditions to the short term lodging permit. The permit shall be issued only to the owner of the short term lodging unit or units. The owner of the short term lodging unit or units is responsible for compliance with the provisions of this chapter and the failure of an agent to comply with this chapter shall be deemed non-compliance by the owner. 5.95.030 Application for Permit. An application for an annual short term lodging permit, or renewal thereof, shall be filed with the Finance Director upon forms provided by the City and shall contain the following information: A. The name, address and telephone number of the owner of the unit for which the short term lodging permit is to be issued. B. The name, address and telephone number of the agent, if any, of the owner of the unit. C. Evidence of a valid business license issued by the City for the separate business of operating a short term lodging unit or units. D. The number of bedrooms in the lodging unit. E. The gross floor area of the lodging unit. F. The number of parking spaces available onsite and a description indicating the location and size of each parking space. G. A nuisance response plan, which sets forth the owner's plan for handling disruptive guests. H. A certification that the applicant has reviewed the covenants, conditions and restrictions, if any, and a short term use is permitted at the location pursuant to the terms of the covenants, conditions and restrictions, if any. I. Acknowledgement of receipt and inspection of a copy of all regulations pertaining to the operation of a short term lodging unit. 29 Ordinance No. 2020-15 Page 8 of 18 J. Such other information as the Finance Director deems reasonably necessary to administer this chapter. 5.95.035 Denial of Permit. If permits are available for issuance, no application filed by an owner for an annual permit or renewal of a permit for a unit eligible to be used as a short term lodging unit, as provided for in Section 5.95.015 and this Code, shall be denied unless: the owner does not have a current valid business license; the owner has failed to pay transient occupancy tax, the visitor service fee, a penalty, a fine or inspection cost, due and owing to the City; the nuisance response plan is deemed inadequate by the Finance Director; or the short term lodging permit for the same unit and issued to the same owner has been revoked. 5.95.040 Filing Fee. An application or renewal application for a short term lodging permit shall be accompanied by a fee established by resolution of the City Council, provided, however, the fee shall be no greater than necessary to defer the cost incurred by the City in administering the provisions of this chapter and for providing the answering service. 5.95.045 Conditions. A. All permits issued pursuant to this chapter are subject to the following standard conditions: 1. The owner shall prohibit a lessee of a lodging unit from renting the lodging unit to a transient user for a short term and from home -sharing. 2. The owner shall not rent a lodging unit to a transient user that is under the age of 21. 3. The owner shall enter into a written agreement with the transient user that requires: a. All persons residing in the short term lodging unit to live together as a single housekeeping unit; and b. Limits the overnight occupancy of the short term lodging unit to the maximum permitted by the Building Code and Fire Code. 4. The owner shall ensure that the transient user complies with all terms of the written agreement set forth in Subsection 5.95.045 A (3). 30 Ordinance No. 2020-15 Page 9 of 18 5. The owner shall use best efforts to ensure that the transient user, occupants and/or guests of the short term lodging unit do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of this Code or any state or federal law pertaining to noise, disorderly conduct, the consumption of alcohol, or the use of illegal drugs. 6. The owner shall, upon notification that any transient user, occupant and/or guest of his or her short term lodging unit has created unreasonable noise or disturbances, engaged in disorderly conduct or committed violations of this Code or any state or federal law pertaining to noise, disorderly conduct, the consumption of alcohol or the use of illegal drugs, promptly use best efforts to prevent a recurrence of such conduct by any transient user, occupant or guest. 7. The owner of the short term lodging unit shall use best efforts to ensure compliance with all the provisions of Title 6 of this Code. 8. The owner of the short term lodging unit shall provide the transient user with a copy of Sections 5.95.047, 10.28.007, 10.28.010, 10.28.020, 10.58.030, and 10.66.020 of this Code. 9. The owner of the short term lodging unit shall provide the transient user with a copy of the good neighbor policy created by the City and available on the City website, post a copy of the short term lodging permit and post a copy of the conditions set forth in this subsection in a conspicuous place within the unit. The notice shall be in substantial compliance with a template created by the City, which shall be available on the City website, and contain the following: a. The name of the local contact person(s) and phone number at which that person(s) may be reached on a twenty-four (24) hour basis. The local person(s) must be located within twenty-five (25) miles of the unit and shall respond to any call related to the unit within thirty (30) minutes; b. The number and location of onsite parking spaces; C. The street sweeping schedule for all public rights-of-way within three hundred ( 300) feet of the unit; d. The trash collection schedule for the unit, and the Code rules and regulations concerning the timing, storage and placement of trash containers and recycling requirements; e. Notification that no amplified sound or reproduced sound is allowed outside or audible from the property line between the hours of 10:00 p.m. and 10:00 a.m.; and 31 Ordinance No. 2020-15 Page 10 of 18 f. Notification that any transient user, occupant or guest is responsible for all activities occurring on the property and that any transient user, occupant or guest may be cited and fined for creating a disturbance or violating any provision of this Code. 10. With respect to any short term lodging unit that is located in any Safety Enhancement Zone, the owner of the unit and any agent retained by the owner shall take immediate action during the period that the Safety Enhancement Zone is in effect to prevent any transient user, occupant or guest from engaging in disorderly conduct or committing violations of this Code or state or federal law pertaining to noise, disorderly conduct, the consumption of alcohol or the use of illegal drugs. 11. The owner shall: a. Ensure that all transient occupancy taxes and visitor service fees are collected and remitted to the City and otherwise comply with all transient occupancy tax and visitor service fee requirements, as set forth in Chapters 3.16 and 3.28. b. If the owner uses an agent to collect and remit the transient occupancy tax and the visitor service fee, either voluntarily or as directed by the City, the owner shall be responsible for ensuring that the agent collects and remits the transient occupancy tax and the visitor service fee to the City pursuant to the requirements set forth in this chapter, Chapter 3.16 and Chapter 3.28. C. If the Finance Director directs, in writing, a hosting platform to collect and remit the transient occupancy tax and the visitor service fee, the owner shall: i) be responsible for ensuring that the hosting platform collects and remits the transient occupancy tax and the visitor service fee to the City in accordance with this chapter; and (ii) when filing a return in accordance with Sections 3.16.070 and 3.28.040, the owner shall provide the City with a copy of all receipts showing the date the short term lodging unit was rented, the name of the hosting platform, the amount of transient occupancy tax and visitor service fee collected by the hosting platform, and proof that the transient occupancy tax and visitor service fee was remitted to the City. 12. The owner shall provide the City with the name and twenty-four (24) hour phone number of a local contact person(s) (who reside within twenty-five (25) miles of the property) who shall respond to contacts from the answering service, respond to any call related to the unit within thirty (30) minutes, and ensure compliance with this chapter in a timely manner. The owner or agent must provide a new local contact person and his or her phone number within five (5) business days, if there is a change in the local contact person(s). 32 Ordinance No. 2020-15 Page 11 of 18 13. The owner shall ensure that all available parking spaces onsite, which may include garage, carport, and driveway spaces, as well as tandem parking are available for the transient user, occupant or guest of the short term lodging unit. The owner shall disclose the number of parking spaces available onsite and shall inform the transient user, occupant and/or guest that street parking may not be available. 14. The owner shall maintain a valid business license and short term lodging permit when engaging in short term lodging. 15. The owner shall include the City issued short term lodging permit number on all advertisements for the rental of the short term lodging unit and shall ensure the transient user is informed of the amount of the transient occupancy tax and visitor service fee prior to completion of the booking transaction. 16. The owner shall ensure that a permitted short term lodging unit is only used for residential purposes and not used for non-residential uses, including, but not limited to, large commercial or non-commercial gatherings, commercial filming and/or non -owner wedding receptions. 17. The owner shall ensure that no amplified sound, or reproduced sound is used outside or audible from the property line between the hours of 10:00 p.m. and 10:00 a.m. and that the transient user does not violate the requirements set forth in this chapter, Chapters 10.28, 10.58 and 10.66. 18. The owner shall comply with the nuisance response plan submitted with the application for a short term lodging permit and approved by the Finance Director. 19. The owner shall allow the City to inspect the short term lodging unit to confirm the number of bedrooms, gross floor area, and number/availability of parking spaces, seven (7) calendar days after the City serves the owner with a request for inspection in accordance with Section 1.08.080. If, based on the inspection, it is determined that the information submitted to the City in accordance with Section 5.95.030 was false, in addition to any other remedy set forth in this chapter, the owner agrees that the owner shall be liable for the cost of conducting the inspection. 20. The owner shall provide the City with a copy of any written rental agreement(s) and the good neighbor policy, within seven (7) calendar days after the City serves the owner with a notice of request for written rental agreements and the good neighbor policy in accordance with Section 1.08.080. B. The City Manager shall have the authority to impose additional standard conditions, applicable to all short term lodging units, as necessary to achieve the objectives of this chapter. 33 Ordinance No. 2020-15 Page 12 of 18 C. The City Manager shall have the authority to impose additional conditions on any permit in the event of any violation of the conditions to the permit or the provisions of this chapter subject to compliance with the procedures specified in Section 5.95.065. 5.95.047 Violations of Permit Conditions by Transient User, Occupant or Guest. In addition to other provisions of this Code, it shall be unlawful for any transient user, occupant or guest of a short term lodging unit to: A. Exceed the overnight occupancy limit designated for the short term lodging unit. B. Use street parking prior to utilizing all available onsite parking space(s) for the lodging unit. C. Place trash for collection in violation of this Code's rules and regulations concerning: 1. The timing, storage or placement of trash containers; or 2. Recycling requirements. D. Amplify or reproduce sound between the hours of 10:00 p.m. and 10:00 a.m.: 1. Outside of the lodging unit; or 2. That is audible from the property line for the lodging unit. E. Use the short term lodging for any non-residential purpose, including, but not limited to, large commercial or non-commercial gatherings, commercial filming and/or non -owner wedding receptions. 5.95.050 Agents and Hosting Platform Responsibilities. A. If directed to do so by the Finance Director, in writing, agents or hosting platforms shall: 1. Collect all applicable transient occupancy taxes and visitor service fees that are imposed on the transient, pursuant to Chapters 3.16 and 3.28, from the transient, or from the person paying for such rental, at the time payment for such rental is made; and 2. Remit to the City any transient occupancy taxes or visitor service fees collected by the hosting platform or agent to the City before the last day of the month following the close of each calendar quarter or on the day specified by the Finance Director if a different reporting period has been established. 34 Ordinance No. 2020-15 Page 13 of 18 Hosting platforms shall not collect or remit such taxes unless expressly authorized to do so by the Finance Director, in writing. Nothing in this subsection shall be deemed to relieve an operator, as that term is defined in Sections 3.16.020 and 3.28.010, from complying with the requirements set forth in Chapters 3.16 and 3.28 of this Code, or to interfere with the ability of an agent or hosting platform and an owner to enter into an agreement regarding fulfillment of the requirements of this subsection. B. Subject to applicable laws, agents and hosting platforms shall disclose to the City on a regular basis each home -sharing and vacation 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. Agents and hosting platforms: 1. Shall prompt any person utilizing their advertising services to include the City -issued registration number in their listing(s), in a format designated by the City and shall not advertise any short term lodging unit where a registration number is not provided. Upon notice from the City that a listing is non-compliant, agents and hosting platforms shall cease any short-term rental booking transactions for said listing(s) within five (5) business days. An agent or hosting platform shall not complete any booking transaction for any short term lodging unit subject to a City notice that a unit is non- compliant, until notified by the City that the short term lodging unit follows the local registration requirement. 2. Shall not collect or receive a fee, directly or indirectly for facilitating or providing services ancillary to an unpermitted short term lodging unit including, but not limited to, insurance, concierge services, catering, restaurant bookings, tours, guide services, entertainment, cleaning, property management, or maintenance of the short term lodging unit. D. A hosting platform operating exclusively on the internet, which operates in compliance with subsection (A), (B), and (C) above, shall be presumed to be in compliance with this chapter, except that the hosting platform remains responsible for compliance with the administrative subpoena provisions of this chapter. E. 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, such law(s). 35 Ordinance No. 2020-15 Page 14 of 18 5.95.055 Issuance of Administrative Subpoenas. The City Manager shall have the authority to issue and serve administrative subpoenas to the owner, agent or hosting platform, as necessary, to obtain specific information regarding short term rental listings located in the City, including but not limited to, 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, to determine whether the short term rental listing complies with this chapter. Any subpoena issued pursuant to this section shall not require the production of information sooner than thirty 30) calendar days from the date of service. A person that has been served with an administrative subpoena may seek judicial review during that thirty (30) calendar day period. Failure to respond to an administrative subpoena in accordance with the terms set forth therein shall be punishable in accordance with Section 5.95.060 and the City may file a judicial action to compel compliance with the subpoena. 5.95.060 Violations, Penalties and Enforcement. A. It shall be unlawful for any person to violate any provisions or to fail to comply with any of the requirements of this chapter. B. In addition to, or separate from, the foregoing criminal penalties, any person violating any of the provisions or failing to comply with any of the requirements of this chapter is subject to the issuance of an administrative citation pursuant to the provisions of Section 1.04.010(E) and Chapter 1.05. 5.95.065 Suspensions and Revocations. In addition to any fine or penalty that may be imposed pursuant to any provision of this Code including, but not limited to Section 5.95.060, a short term lodging permit for a unit may be suspended or revoked as provided in this section. A. Suspensions/Revocations. 1. Except as otherwise provided in this subsection, if any person violates any short term lodging permit condition two (2) or more times in any twelve (12) month period or any other provision of this Code, state law or federal law, two (2) or more times in any twelve (12) month period, and the violation relates in any way to the unit that has a short term lodging permit, the short term lodging permit for the unit may be suspended for a period of six (6) months in accordance with subsection (B). 2. In the case of a short term lodging permit for a unit that is located in a Safety Enhancement Zone, if there is a violation of any provision of this Code during the period that the Safety Enhancement Zone is in effect, the short term lodging permit for the unit may be suspended for a period of one (1) year or revoked in accordance with subsection (B). 36 Ordinance No. 2020-15 Page 15 of 18 3. If a lodging unit that is subject to a short term lodging permit has been the location of two or more loud or unruly gatherings, as defined in Chapter 10.66 of this Code, while the lodging unit was occupied on a short term basis, within any twenty-four 24) month period, the permit may be suspended for a period of one (1) year or revoked in accordance with the subsection (B). A loud or unruly gathering that occurred prior to the passage of fourteen (14) calendar days from the mailing of notice to the owner in compliance with Section 10.66.030(D) shall not be included within the calculation of the two or more loud or unruly gatherings required to revoke a short term lodging permit. 4. If a person violates Section 5.95.020 regarding any unit that has had a short term lodging permit suspended pursuant to subsection (B), the short term lodging permit for the unit may be revoked in accordance with subsection (B). 5. If any person violates any short term lodging permit condition or any other provision of this Code, state or federal law within six (6) months of having a previously suspended short term lodging permit reinstated for a unit, and the violation relates in any way to the unit that has the short term lodging permit, the short term lodging permit for the unit may be revoked in accordance with subsection (B). 6. If any person violates any short term lodging permit condition three (3) or more times in any twelve (12) month period or provision of this Code, state or federal law three (3) or more times in any twelve (12) month period, and the violation relates in any way to the unit that has a short term lodging permit, the short term lodging permit for the unit may be revoked in accordance with subsection (B). 7. If any person fails to collect and remit transient occupancy tax or the visitor service fee in accordance with the requirements of this chapter, Chapters 3.16 or 3.28 in regards to any unit that has a short term lodging permit, two (2) or more times within any thirty six (36) month period, the short term lodging permit for the unit may be revoked in accordance with subsection (B). 8. If any person is determined to have provided false information on an application for an annual short term lodging permit, or renewal thereof, the short term lodging permit for the unit may be revoked in accordance with subsection (B). B. Permits shall be suspended or revoked, only in the manner provided in this section. 37 Ordinance No. 2020-15 Page 16 of 18 1. The Finance Director shall investigate whenever he or she has reason to believe that an owner has submitted an application that contains false information or committed a violation of a permit condition, this Code, state or federal law related to a permitted unit. Such investigation may include, but is not limited to, on-site property inspections. Should the investigation reveal substantial evidence to support a finding that warrants a suspension or revocation of the short term lodging permit, the Finance Director shall issue written notice of intention to suspend or revoke the short term lodging permit. The written notice shall be served on the owner in accordance with Section 1.08.080, and shall specify the facts which, in the opinion of the Finance Director constitute substantial evidence to establish grounds for imposition of the suspension and/or revocation, and specify the proposed time the short term lodging permit shall be suspended and/or that the short term lodging permit shall be revoked within thirty (30) calendar days from the date the notice is given, unless the owner files with the Finance Director, before the suspension and/or revocation becomes effective, a request for hearing before a hearing officer, who shall be retained by the City, and pays the fee for the hearing established by resolution of the City Council. 2. If the owner requests a hearing and pays the hearing fee, established by resolution of the City Council, within the time specified in subsection (13)( 1), the Finance Director shall serve written notice on the owner, pursuant to Section 1.08.080, setting forth the date, time and place for the hearing. The hearing shall be scheduled not less than fifteen (15) calendar days, nor more than sixty (60) calendar days, from the date on which notice of the hearing is served by the Finance Director. The hearing shall be conducted according to the rules normally applicable to administrative hearings. At the hearing, the hearing officer will preside over the hearing, take evidence and then submit proposed findings and recommendations to the City Manager. The City Manager shall suspend or revoke the short term lodging permit only upon a finding that a violation has been proven by a preponderance of the evidence, and that the suspension or revocation is consistent with the provisions of this section. The City Manager shall render a decision within thirty (30) calendar days of the hearing and the decision shall be final. C. If a short term lodging permit is suspended, it shall be the owner's responsibility to vacate any future bookings and remove all advertisements related to the short term rental of the unit during the term of the suspension. If a short term lodging permit is revoked, it shall be the owner's responsibility to vacate any future bookings and remove all advertisements related to the short term rental of the unit. D. After any suspension, the owner may reapply for reinstatement of the short term lodging permit which shall be processed in accordance with Section 5.95.030, provided the owner has paid the City all amounts owed the City in accordance with this chapter and Chapters 3.16 and 3.28 of this Code. 38 Ordinance No. 2020-15 Page 17 of 18 5.95.070 Permits and Fees Not Exclusive. Permits and fees required by this chapter shall be in addition to any license, permit or fee required under any other chapter of this Code. The issuance of any permit pursuant to this chapter shall not relieve the owner of the obligation to comply with all other provisions of this Code including, but not limited to, those provisions pertaining to the use and occupancy of the lodging unit or the property on which it is located as well as the collection and remittance of transient occupancy taxes and visitor service fees in accordance with this chapter and Chapters 3.16 and 3.28. 5.95.080 License and Permit Closure. A. Any owner that has ceased operating a short term lodging unit shall inform the Finance Director in writing of the date of the last rental, and having done such, the short term lodging permit shall be closed. The City will send a final transient occupancy tax and visitor service fee bill, which will be due and payable thirty (30) days from the date of the invoice. B. The Finance Director shall close any permit that has no short term lodging activity for a period of two consecutive years as evidenced by remitting zero dollars on the required transient occupancy tax and visitor service fee forms or has failed to return the transient occupancy and visitor service forms. After any permit closure pursuant to this subsection, the owner may reapply for reinstatement of the short term lodging permit which shall be processed in accordance with Section 5.95.030. Section 3: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 4: If any section, subsection, sentence, clause or phrase of this 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 ordinance. The City Council hereby declares that it would have passed this 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 5: The City Council finds the introduction and adoption of this ordinance 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. 39 Ordinance No. 2020-15 Page 18 of 18 Section 6: Except as expressly modified in this ordinance, all other Sections, Subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code shall remain unchanged and shall be in full force and effect. Section 7: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published pursuant to City Charter Section 414. This ordinance shall become effective thirty (30) days after the adoption of this ordinance. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 23rd day of June, 2020, and adopted on the 14th day of July, 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: Council Member Duffy Duffield RECUSED: ATTEST: WILL O'NEILL, MAYOR APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE AARON C. HARP, CITY ATTORNEY 40 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 Ordinance No. 2020-15 was duly introduced on the 231d day of June, 2020, at a regular meeting, and adopted by the City Council at a regular meeting duly held on the 14th day of July, 2020, and that the same was so passed and adopted by the following vote, to wit.- AYES: it: AYES: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner, Council Member Diane Dixon, Council Member Jeff Herdman NAYS: Council Member Kevin Muldoon ABSENT: Council Member Duffy Duffield IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 151h day of July, 2020. Qc r-oa/ da iou*_ Leilani I. Brown, MM City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION 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 Ordinance No. 2020-15 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 dates: Introduced Ordinance: June 27, 2020 Adopted Ordinance: July 18, 2020 2020. r' - In witness whereof, I have hereunto subscribed my name this ' day of W, 0 CIFO'P' INV• Leilani I. Brown, MMC City Clerk City of Newport Beach, California 41 INTENTIONALLY BLANK PAGE42 Attachment No. PC 3 City Council Ordinance No. 2020-26 43 INTENTIONALLY BLANK PAGE44 ORDINANCE NO. 2020-26 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING PORTIONS OF CHAPTER 5.95 OF THE NEWPORT BEACH MUNICIPAL CODE RELATING TO SHORT TERM LODGING 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, the City is a popular beach resort community that serves a large number of tourists during the summer months; WHEREAS, this influx of tourists' burdens City streets and services with heavy volume of vehicle traffic and heavy demand on parking, sewage, and refuse facilities, paramedics and police services; WHEREAS, the Police and Fire Departments frequently respond to complaints of noise disturbances, disorderly conduct and other illegal activity at short term lodging units; WHEREAS, a large number of short term lodging units are located in residential areas where dwelling units are occupied by the property owner or long term tenants and these permanent residents are adversely impacted by the noise, traffic, refuse and demand for parking resulting from occupancy of short term lodging units; WHEREAS, the presence of such visitors within the City's residential neighborhoods can sometimes disrupt the quietude and residential character of the neighborhoods and adversely affect the community; WHEREAS, the City has an interest in preserving its housing stock and the quality and character of its existing residential neighborhoods; WHEREAS, occupants of short term lodging units are generally not residents of the City and the City has limited ability to enforce provisions of the Newport Beach Municipal Code and the Penal Code related to disorderly conduct when violated by occupants of short term lodging units; 45 Ordinance No. 2020-26 Page 2 of 11 WHEREAS, requiring a three (3) night minimum stay has been shown to reduce the number of disturbances at short term lodging units, thereby reducing the demand on Police and Fire Department personnel; WHEREAS, the City has more short term lodging units than any other southern California city of a similar size, and limiting the number of short term lodging units will reduce the demand for City services, preserve the housing stock and quality and character of the City's neighborhoods; and WHEREAS, the City Council has reviewed and considered evidence and documentation attesting to the need to limit the number of short term lodging permits and further regulate and control short term lodging units in residential zones to ensure that short term lodging units are regulated in a way to maintain harmony with surrounding uses. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: The table of contents for Chapter 5.95. of Title 5 of the Newport Beach Municipal Code is hereby amended to read as follows: Chapter 5.95 SHORT TERM LODGING PERMIT Sections: 5.95.005 Purpose and Findings. 5.95.010 Definitions. 5.95.015 Residential Properties Eligible for Short Term Lodging Permits. 5.95.020 Permit Required. 5.95.025 Agency. 5.95.030 Application for Permit. 5.95.035 Denial of Permit. 5.95.040 Filing Fee. 5.95.042 Maximum Number of Permits. 5.95.043 Transfer of Permit. 46 Ordinance No. 2020-26 Page 3 of 11 5.95.045 Conditions. 5.95.047 Violations of Permit Conditions by Transient User, Occupant or Guest. 5.95.050 Agents and Hosting Platform Responsibilities. 5.95.055 Issuance of Administrative Subpoenas. 5.95.060 Violations, Penalties and Enforcement. 5.95.065 Suspensions and Revocations. 5.95.070 Permits and Fees Not Exclusive. 5.95.080 License and Permit Closure. Section 2: Section 5.95.005, Subsection (L), of Chapter 5.95. of Title 5 of the Newport Beach Municipal Code is hereby amended to read as follows: L. The restrictions of this chapter are necessary to preserve the City's housing stock, the quality and character of the City's residential neighborhoods as well as to prevent and address the impacts on residential neighborhoods posed by short term lodgings. Section 3: Section 5.95.025, of Chapter 5.95. of Title 5 of the Newport Beach Municipal Code is hereby amended to read as follows: 5.95.025 Agency. An owner may retain an agent to comply with the requirements of this chapter, including, without limitation, the filing of an application for an annual permit, the renewal of a permit, the reinstatement of a permit or the transfer of a permit; the management of the short term lodging unit or units; and the compliance with the short term lodging permit conditions. The permit shall be issued only to the owner of the short term lodging unit or units. The owner of the short term lodging unit or units is responsible for compliance with the provisions of this chapter and the failure of an agent to comply with this chapter shall be deemed non-compliance by the owner. Section 4: Section 5.95.030, of Chapter 5.95. of Title 5 of the Newport Beach Municipal Code is hereby amended to read as follows: 5.95.030 Application for Permit. An application for an annual short term lodging permit, renewal of a short term lodging permit, reinstatement of a short term lodging permit or transfer of a short term lodging permit shall be filed with the Finance Director upon forms provided by the City. 47 Ordinance No. 2020-26 Page 4 of 11 A. An application for a new permit, renewal permit, the reinstatement of a permit or the transfer of a permit shall contain the following information: 1. The name, address and telephone number of the owner of the unit for which the short term lodging permit is to be issued. 2. The name, address and telephone number of the agent, if any, of the owner of the unit. 3. Evidence of a valid business license issued by the City for the separate business of operating a short term lodging unit or units. 4. The number of bedrooms in the lodging unit. 5. The gross floor area of the lodging unit. 6. The number of parking spaces available on site and a description indicating the location and size of each parking space. 7. A nuisance response plan, which sets forth the owner's plan for handling disruptive transient users. 8. A certification that the applicant has reviewed the covenants, conditions and restrictions, if any, and a short term use is permitted at the location pursuant to the terms of the covenants, conditions and restrictions, if any. 9. Acknowledgement of receipt and inspection of a copy of all regulations pertaining to the operation of a short term lodging unit. 10. Such other information as the Finance Director deems reasonably necessary to administer this chapter. B. An application for the renewal of a short term lodging permit shall be filed within thirty (30) calendar days of the short term lodging permit's expiration, or the short term lodging permit shall be deemed abandoned. C. An application for the reinstatement of a short term lodging permit closed by the Finance Director pursuant to Section 5.95.080, shall be filed within thirty (30) calendar days of the date the permit was closed by the Finance Director, or the short term lodging permit shall be deemed abandoned. 48 Ordinance No. 2020-26 Page 5 of 11 D. An application for the reinstatement of a previously suspended short term lodging permit, shall be filed within thirty (30) calendar days of the end of the suspension period, or the short term lodging permit shall be deemed abandoned. E. If any application is deemed incomplete, which shall be determined in the sole discretion of the Finance Director, the application shall be completed within thirty (30) calendar days of the service of notice that the application is incomplete, which shall be served in accordance with Section 1.08.080, or the application and any associated permit shall be deemed abandoned. F. If good causes exist, as determined in the sole discretion of the Finance Director, the Finance Director may extend the deadlines set forth in Subsections (B) through (E). G. For purposes of calculating the maximum number of permits under Section 5.95.042, a short term lodging permit shall be deemed valid until the applicable permit has been deemed abandoned. Section 5: Section 5.95.035, of Chapter 5.95. of Title 5 of the Newport Beach Municipal Code is hereby amended to read as follows: 5.95.035 Denial of Permit. If permits are available for issuance, no timely application filed by an owner for an annual permit, renewal of a permit, reinstatement of a permit or transfer of a permit for a unit eligible to be used as a short term lodging unit, as provided for in Section 5.95.015 and this Code, shall be denied unless: the owner does not have a current valid business license; the owner has failed to pay transient occupancy tax, the visitor service fee, a penalty, a fine or inspection cost, due and owing to the City; the nuisance response plan is deemed inadequate by the Finance Director; or the short term lodging permit for the same unit and issued to the same owner has been revoked. Section 6: Section 5.95.040, of Chapter 5.95. of Title 5 of the Newport Beach Municipal Code is hereby amended to read as follows: 5.95.040 Filing Fee. An application for a new annual permit, the renewal of an existing permit, the reinstatement of a permit, or the transfer of a permit shall be accompanied by a fee established by resolution of the City Council; provided, however, the fee shall be no greater than necessary to defer the cost incurred by the City in administering the provisions of this chapter and for providing the answering service. 49 Ordinance No. 2020-26 Page 6 of 11 Section 7: Section 5.95.042 of Chapter 5.95. of Title 5 of the Newport Beach Municipal Code is hereby added to read as follows: 5.95.042 Maximum Number of Permits. A. The maximum number of short term lodging permits shall be limited to fifteen hundred and fifty (1,550) permits at any time. If there are more than fifteen hundred and fifty (1,550) valid permits that have been issued as of the effective date of this section, an owner shall be permitted to renew, reinstate, or transfer a valid permit in accordance with the provisions of this chapter; however, no new permit shall be issued to anyone on the waiting list, as described in Subsection (D), until the total number of permits does not exceed the fifteen hundred and fifty (1,550). For purposes of calculating the maximum number of permits available, a permit shall be deemed valid and unavailable until it is abandoned in accordance with Section 5.95.030, (B) through (F), and/or Section 5.95.043 (B). B. An owner who has a short term lodging permit or an owner seeking to reinstate a short term lodging permit, that has not been abandoned in accordance with Section 5.95.030 (B) through (F), shall have priority to renew or reinstate the permit over anyone on the waiting list, as described in Subsection (D). C. An owner seeking to transfer a valid short term lodging permit, that files an application within the timeframes set forth in Section 5.95.043 (A), shall have priority to transfer the permit over anyone on the waiting list, as described in Subsection (D). D. If the City has issued the maximum number of permits available, the City shall maintain a waiting list. An application for placement on the waiting list shall be submitted to the Finance Director, on a form approved by the Finance Director, and shall be accompanied by a fee established by resolution of the City Council. In the event a short term lodging permit becomes available, the Finance Director shall notify the person or persons next in order on the waiting list. The notice shall specify that applications will be accepted for ten (10) calendar days after the date of the notice, and that failure to apply within the ten (10) calendar day period shall result in removal of the person or persons receiving notice from the waiting list. Notice shall be deemed given when deposited in the United States mail, with the first class postage prepaid, and addressed as specified by the person or persons on the waiting list. The City shall not be liable for a failure to notify any person or persons on the waiting list since placement on the list does not create any property right in any person or persons on the list nor any contractual obligation on the part of the City. 50 Ordinance No. 2020-26 Page 7 of 11 Section 8: Section 5.95.043, of Chapter 5.95. of Title 5 of the Newport Beach Municipal Code is hereby added to read as follows.- 5.95.043 ollows: 5.95.043 Transfer of Permit. A. A short term lodging permit that is valid and has not been abandoned in accordance with Section 5.95.030 (B) through (F), may be transferred to any of the following: 1. If the owner transfers the ownership of the lodging unit to an inter vivos trust, family trust, or other similar type of trust estate, a valid short term lodging permit may be transferred to the inter vivos trust, family trust, or other similar type of trust estate, if an application to transfer a valid permit, in accordance with Section 5.95.030, is filed within three hundred and sixty-five (365) days of the date title is transferred to the inter vivos trust, family trust, or other similar type of trust estate. 2. If the owner transfers the ownership of the lodging unit to a corporation, limited liability company, partnership, limited partnership, or similar business entity, a valid short term lodging permit may be transferred to the business entity, if an application to transfer a valid permit, in accordance with Section 5.95.030, is filed within three hundred and sixty-five (365) days of the date title is transferred to the business entity. 3. If the owner transfers the ownership of the lodging unit to an immediate family member, which shall include a spouse, domestic partner, child, stepchild, grandchild, parent, stepparent, mother-in-law, father-in-law, son-in-law, daughter-in-law, grandparent, great grandparent, brother, sister, half-brother, half-sister, stepsibling, brother-in-law, sister-in-law, aunt, uncle, niece, nephew, or first cousin (that is, a child of an aunt or uncle), a valid short term lodging permit may be transferred to the immediate family member, if an application to transfer a valid permit, in accordance with Section 5.95.030, is filed within three hundred and sixty-five (365) days of the date title is transferred to the immediate family member. 4. If the owner sells the lodging unit to a bona fide purchaser for value, a valid short term lodging permit may be transferred to the purchaser, if an application to transfer a valid permit, is filed in accordance with Section 5.95.030, within sixty (60) days of the date title is transferred to the purchaser. 51 Ordinance No. 2020-26 Page 8 of 11 5. If the owner is deceased, the short term lodging permit for the short term lodging unit may be transferred to the heir(s) once the estate is closed and the assets distributed, if an application to transfer a valid permit, is filed in accordance with Section 5.95.030, within ninety (90) days of the date the heir(s) becomes the owner of the short term lodging unit. B. The deadlines set forth in Subsection (A) are established for purposes of setting deadlines for the transfer of a valid permit that has not been deemed abandoned in accordance with Section 5.95.030 (B) through (F). The deadlines set forth in Section A shall not extend the deadlines set forth in or in accordance with Section 5.95.030 (B) through (F). Authorization to transfer a valid short term lodging permit shall be deemed waived and the permit abandoned if an application is not filed to transfer a permit in accordance with the deadlines set forth in this section. Section 9: Section 5.95.045, Subsection (A), (2), of Chapter 5.95. of Title 5 of the Newport Beach Municipal Code is hereby amended to read as follows: 2. The owner shall not rent a lodging unit to a transient user that is under the age of twenty-five (25). Section 10: Section 5.95.045, Subsection (A), of Chapter 5.95. of Title 5 of the Newport Beach Municipal Code is hereby amended to add conditions numbers twenty- one (21) through twenty-three (23), which shall read as follows: 21. Neither an owner or the owner's agent shall rent, let, advertise for rent, or enter into an agreement for the rental of any lodging unit, for less than three (3) consecutive nights. 22. The owner shall: a. Require every transient user and guest of the transient user to comply with all state and local laws that regulate parking while staying at or visiting the short term lodging unit; b. Require every transient user to provide the owner with the license plate number for all vehicles, which are used by the transient user or the transient user's guest while staying at or visiting the short term lodging unit; and 52 Ordinance No. 2020-26 Page 9 of 11 C. Provide the City with the vehicle license plate number(s) for every vehicle, which were used by the transient user or the transient user's guest while staying at or visiting the short term lodging, within seven calendar days after the City serves the owner with a notice of request for the vehicle license plate number(s) in accordance with Section 1.08.080. 23. The owner shall ensure that any transient user or transient user's guest complies with all state and local laws that regulate parking while the transient user or transient user's guest is staying at or visiting the short term lodging unit. For purposes of this condition, a transient user or transient user's guest shall be presumed to be staying at or visiting a short term lodging unit if a parking citation is issued to the transient user or the transient user's guest within one hundred (100) feet of the property line of the short term lodging unit during the time the transient user is renting the short term lodging unit. Section 11: Section 5.95.047, of Chapter 5.95. of Title 5 of the Newport Beach Municipal Code is hereby amended to read as follows: 5.95.047 Violations of Permit Conditions by Transient User, Occupant or Guest. A. In addition to other provisions of this Code, it shall be unlawful for any transient user, occupant or guest of a short term lodging unit to: 1. Exceed the overnight occupancy limit designated for the short term lodging unit. 2. Use street parking prior to utilizing all available on-site parking space(s) for the lodging unit. 3. Place trash for collection in violation of this Code's rules and regulations concerning: a.m.: a. The timing, storage or placement of trash containers; or b. Recycling requirements. 4. Amplify or reproduce sound between the hours of 10:00 p.m. and 10:00 a. Outside of the lodging unit; or b. That is audible from the property line for the lodging unit. 53 Ordinance No. 2020-26 Page 10 of 11 5. Use the short term lodging for any nonresidential purpose, including, but not limited to, large commercial or noncommercial gatherings, commercial filming and/or nonowner wedding receptions. 6. Rent a lodging unit to any person for a short term. B. In addition to other provisions of this Code, it shall be unlawful for any lessee to rent a lodging unit to any transient user for a short term. Section 12: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 13: If any section, subsection, sentence, clause or phrase of this 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 ordinance. The City Council hereby declares that it would have passed this 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 14: The City Council finds the introduction and adoption of this ordinance 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 15: Except as expressly modified in this ordinance, all other Sections, Subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code shall remain unchanged and shall be in full force and effect. Section 16: The Mayor shall sign, and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published pursuant to City Charter Section 414. Section 9, the portion of Section 10, which adds Subsections 22 and 23 to Section 5.95.045, Chapter 5.95. of Title 5, and Section 11, of this ordinance, shall become effective thirty (30) calendar days after its adoption. Sections 1 through 8 and the portion of Section 10, which adds Subsection 21, to Section 5.95.045, Chapter 5.95. of Title 5, of this ordinance, shall become final and effective upon the effective date of approval by the California Coastal Commission of LC2020-007 and adoption, including any modifications suggested by the California Coastal Commission, by resolution(s) and/or ordinance(s) of the City Council. 54 Ordinance No. 2020-26 Page 11 of 11 This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 13th day of October, 2020, and adopted on the 27th day of October, 2020, by the following vote, to -wit: AYES: Mayor Pro Tem Avery Council Member Brenner Council Member Dixon Council Member Herdman NAYS: Mayor O'Neill, Council Member Duffield Council Member Muldoon ABSENT: ATTEST: IV422UTbTY CLERK APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE AARON C. HARP, CITY A TORNEY 55 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 Ordinance No. 2020-26 was duly introduced on the 131h day of October, 2020, at a regular meeting, and adopted by the City Council at a regular meeting duly held on the 27th day of October, 2020, and that the same was so passed and adopted by the following vote, to wit: AYES: Mayor Pro Tem Brad Avery, Council Member Joy Brenner, Council Member Diane Dixon, Council Member Jeff Herdman NAYS: Mayor Will O'Neill, Council Member Duffy Duffield, Council Member Kevin Muldoon IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 281h day of October, 2020. r Leif i64(rown, MMC City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION 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 Ordinance No. 2020-26 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 dates: Introduced Ordinance: October 17, 2020 Adopted Ordinance: October 31, 2020 I; In witness whereof, I have hereunto subscribed my name this day of V 2020. Ail Leilani I. Brown, MMC City Clerk City of Newport Beach, California 56 Attachment No. PC 4 City Council Resolution No. 2020-91 57 INTENTIONALLY BLANK PAGE58 RESOLUTION NO. 2020-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AUTHORIZING SUBMITTAL OF LOCAL COASTAL PROGRAM AMENDMENT NO. LC2020-007 TO THE CALIFORNIA COASTAL COMMISSION, AN AMENDMENT TO TITLE 21 (LOCAL COASTAL PROGRAM IMPLEMENTATION PLAN) OF THE NEWPORT BEACH MUNICIPAL CODE RELATED TO SHORT-TERM LODGING (PA2020-048) WHEREAS, Section 200 of the City of Newport Beach ("City") Charter 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, the City is a popular beach resort community that serves a large number of tourists during the summer months. To accommodate this large influx, the City has in excess of 4,000 hotel/motel rooms and 1,500 short-term lodging units; WHEREAS, this influx of tourists' burdens City streets and services with heavy volume of vehicle traffic and heavy demand on parking, sewage, and refuse facilities, paramedics and police services; WHEREAS, a survey conducted by the City of permitted short-term lodging within 52 communities that are located in Orange County and coastal regions of Los Angeles and San Diego counties has shown that the City has the third highest concentration of short-term lodging units, exceeding 177 short-term lodging units per 10,000 residents; WHEREAS, the Police and Fire Departments frequently respond to complaints of noise disturbances, disorderly conduct and other illegal activity at short-term lodging units; WHEREAS, a large number of short-term lodging units are located in residential areas where dwelling units are occupied by the property owner or long term tenants and these permanent residents are adversely impacted by the noise, traffic, refuse and demand for parking resulting from occupancy of short term lodging units; WHEREAS, the presence of such visitors within the City's residential neighborhoods can sometimes disrupt the quietude and residential character of the neighborhoods and adversely affect the community; 59 Resolution No. 2020-91 Page 2 of 6 WHEREAS, approximately 3.4 percent of the City's housing stock is utilized for short-term lodging units; WHEREAS, the City has an interest in preserving its housing stock and the quality and character of its existing residential neighborhoods; WHEREAS, the City has more short term lodging units than any other southern California city of a similar size, and limiting the number of short term lodging units will reduce the demand for City services, preserve the housing stock and quality and character of the City's neighborhoods; WHEREAS, occupants of short term lodging units are generally not residents of the City and the City has limited ability to enforce provisions of the Newport Beach Municipal Code and the Penal Code related to disorderly conduct when violated by occupants of short term lodging units; WHEREAS, requiring a three (3) night minimum stay has been shown to reduce the number of disturbances at short term lodging units, thereby reducing the demand on Police and Fire Department personnel; WHEREAS, establishing a maximum cap of 1,550 permits accommodates a minor expansion of the City's short-term lodging capacity, while guarding against future impacts that unregulated expansion would create; WHEREAS, the City Council has reviewed and considered evidence and documentation attesting to the need to limit the number of short term lodging permits and further regulate and control short term lodging units in residential zones to ensure that short term lodging units are regulated in a way to maintain harmony with surrounding uses; WHEREAS, a telephonic public hearing was held by the Planning Commission on July 23, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California, due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time, place, and purpose of the public hearing was given in accordance with Government Code Section 54950 et seq. ("Ralph M. Brown Act") and Chapter 21.62 (Public Hearings) of the Newport Beach Municipal Code ("NBMC"). Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this public hearing. WHEREAS, Local Coastal Program Amendment No. LC2020-007, as drafted at the time, included more restrictive proposed standards, including prohibiting the issuance of any new short-term lodging permits and establishing a minimum six (6) night stay for non owner -occupied units. 60 Resolution No. 2020-91 Page 3 of 6 WHEREAS, at the hearing, the Planning Commission adopted Resolution No. PC2020-027 by a majority vote (4 ayes, 2 nayes), thereby recommending the City Council deny Local Coastal Program Amendment No. LC2020-007; WHEREAS, a telephonic study session was held by the City Council on September 8, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California, due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-19 to discuss short-term lodging in the City; WHEREAS, a telephonic public hearing was held by the City Council on October 13, 2020, in the Council Chambers located at 100 Civic Center Drive, Newport Beach, California, due to the Declaration of a State Emergency and Proclamation of Local Emergency related to COVID-19. A notice of time, place and purpose of the public hearings was given in accordance with the Ralph M. Brown Act, and Chapter 21.62 Public Hearings) of the NBMC. Evidence, both written and oral, was presented to, and considered by, the City Council at these public hearings; and WHEREAS, pursuant to Section 13515 of the California Code of Regulations Title 14, Division 5.5, Chapter 8, Subchapter 2, Article 5 ("Public Participation"), drafts of LCP Amendment No. LC2020-007 were made available and a Notice of Availability was distributed at least six (6) weeks prior to the City Council public hearing. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council authorizes staff to submit Local Coast Amendment No. LC2020-007, as set forth below, to the California Coastal Commission. Section 2: The row entitled "Short -Term Lodging" set forth in Table 21.18-1 Allowed Uses) in Section 21.18.020(C) (Residential Coastal Zoning Districts Land Uses) of Chapter 21.18 (Residential Coastal Zoning Districts (R -A, R-1, R -BI, R-2, and RM)) of Title 21 (Local Coastal Program Implementation Plan) of the NBMC is amended to read as follows: 61 Resolution No. 2020-91 Page 4 of 6 Land Use R -BI R-1 R-2 RM R-1- R-2- RM - R -A 6,000 6,000 6,000 Specific Use Regulations Pps4... M_...:c° r:. --€s.c 'v h_ 1 x._.:,..,.m3.sT,.. a ....:. .. ... <. ._. - Short -Term Lodging — A A Chapter 5.95 and Section 21.48.115 Section 3: Section 21.48.115 (Short-term Lodging) of Chapter 21.48 (Standards for Specific Land Uses) of Title 21 (Local Coastal Program Implementation Plan) of the NBMC is repealed and replaced with the following: 21.48.115 Short -Term Lodging. A. Purpose. This section provides standards for the operation of short-term lodging units to prevent over -burdening City services and adverse impacts on residential neighborhoods and on coastal access and resources. B. Zoning Districts and Planned Communities. No short-term lodging unit shall be permitted on any parcel in the R-1 (Single -Unit Residential) Coastal Zoning District or any parcel designated for single -unit dwelling land use as part of a planned community development plan, unless the short-term lodging unit was legally established on or before June 1, 2004. C. Permits. No owner of a short term lodging unit shall advertise for rent or rent a lodging unit located within a residential district for a short term without a valid short term lodging permit for that unit issued pursuant Chapter 5.95. As set forth in Section 5.95.042, of Chapter 5.95, the maximum number of short term lodging permits shall be limited to fifteen hundred and fifty (1,550) permits at any time. If there are more than fifteen hundred and fifty (1,550) valid permits that have been issued as of the effective date of this section, an owner shall be permitted to renew, reinstate, or transfer a valid permit in accordance with the provisions of Chapter 5.95; however, no new permit shall be issued to anyone on the waiting list, as described in Section 5.95.043 (D), until the total number of permits does not exceed the fifteen hundred and fifty (1,550). D. Operational Standards. The owner, or any other person(s) or entity(ies) that hold(s) legal and/or equitable title to the lodging unit, shall comply with all federal, state, and local laws, rules, regulations and conditions of approval including, but not limited to, all short term lodging permit conditions set forth in Chapter 5.95. In addition, the owner, or any other person(s) or entity(ies) that hold(s) legal and/or equitable title to the lodging unit, shall: 62 Resolution No. 2020-91 Page 5 of 6 1. By written agreement, limit overnight occupancy of the short-term lodging unit to the maximum permitted by the Building Code and Fire Code. 2. Use best efforts to ensure that the transient user, occupants and/or guests of the short term lodging unit do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of this Code or any state or federal law pertaining to noise, disorderly conduct, the consumption of alcohol, or the use of illegal drugs. 3. Upon notification that any transient user, occupant and/or guest of his or her short term lodging unit has created unreasonable noise or disturbances, engaged in disorderly conduct or committed violations of this Code or any state or federal law pertaining to noise, disorderly conduct, the consumption of alcohol or the use of illegal drugs, promptly use best efforts to prevent a recurrence of such conduct by any transient user, occupant or guest. 4. Use best efforts to ensure compliance with applicable health and sanitation regulations relating to waste disposal. 5. Post a copy of any applicable permits and conditions in a conspicuous place within the unit. 6. Not rent, let, advertise for rent, or enter into an agreement for the rental of any lodging unit, for less than three (3) consecutive nights. 7. The City Manager shall have the authority to impose additional standard conditions, applicable to all short-term lodging units, as necessary to achieve the objectives of this section. Section 4: LCP Amendment No. LC2020-007, shall be carried out in full conformance with the California Coastal Act of 1976 as set forth in the California Public Resources Code Section 30000 et seq. LCP Amendment No. LC2020-007 shall not become effective until approval by the Coastal Commission and adoption, including any modifications suggested by the Coastal Commission, by resolution(s) and/or ordinance(s) of the City Council. Section 5: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. 63 Resolution No. 2020-91 Page 6 of 6 Section 6: 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 7: The City Council finds the adoption of this resolution is not a project subject to the California Environmental Quality Act ("CEQA") in accordance with Section 21065 of the California Public Resources Code and Sections 15060 ( c)(2), 15060 (c)(3), and 15378 of the California Code of Regulations Title 14, Division 6, Chapter 3 ("CEQA Guidelines"). The proposed action is also exempt pursuant to CEQA Guidelines Section 15061(b)(3), the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The LCP Amendment itself provides additional regulations on short-term lodging; but, since the use is already permitted, it does not authorize development that would directly result in physical change to the environment. Section 8: 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 131h day of October, 2020 Will O'Neill Mayor ATTEST: _c NEWO 04C aim Leilani I. Brown City Clerk` JR() ON IA - APPROVED AS TO FORM: CITY TTORNEY'S OFFICE Aaron'C. Harp City Attorney 64 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; the foregoing resolution, being Resolution No. 2020-91, was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 13th day of October, 2020; and the same was so passed and adopted by the following vote, to wit: AYES: Council Member Joy Brenner, Council Member Diane Dixon, Council Member Duffy Duffield, Council Member Jeff Herdman NAYS: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Kevin Muldoon IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 141h day of October, 2020. 6c PAM- Leilani I. Brown City Clerk is 65 INTENTIONALLY BLANK PAGE66 Attachment No. PC 5 City Council Minutes October 13, 2020 67 INTENTIONALLY BLANK PAGE68 CITY OF NEWPORT BEACH City Council Minutes Regular Meeting October 13, 2020 ROLL CALL - 4:00 p.m. Present: 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, Council Member Kevin Muldoon II. PUBLIC COMMENTS Jim Mosher believed Council could not fully discuss the five matters noted on Closed Session Item A in 25 minutes, as the issues may be complex. III. CLOSED SESSION - Council Chambers Conference Room A. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION - INITIATION OF LITIGATION Government Code § 54956.9(d)(4)): 5 matters IV. RECESSED - 4:01 p.m. V. RECONVENED AT 4:30 P.M. FOR REGULAR MEETING VI. ROLL CALL Present: 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, Council Member Kevin Muldoon VII. CLOSED SESSION REPORT City Attorney Harp reported that upon motion by Council Member Herdman and second by Mayor Pro Tem Avery, the Council voted unanimously to initiate litigation regarding one matter and added that particulars related to the litigation will be disclosed to any person upon inquiry once the litigation has formally commenced. VIII. INVOCATION - Pastor Drew Ross, Christ Lutheran Church, Costa Mesa IX. PLEDGE OF ALLEGIANCE - Mayor Pro Tem Avery X. NOTICE TO THE PUBLIC XI. CITY COUNCIL ANNOUNCEMENTS AND ORAL REPORTS FROM CITY COUNCIL ON COMMITTEE ACTIVITIES Council Member Brenner: Utilized slides to commend the Public Works and Fire Departments regarding their response to the water main breaks at Shorecliffs, announce the Corona del Mar High School COVID-19 Project, and the virtual Short -Term Lodging Rental Workshop on October 22, 2020 at 4:00 p.m. Council Member Dixon Attended an Ad Hoc Committee on Short -Term Lodging meeting and a Boardwalk safety meeting with the Balboa Peninsula Residents Association Requested a future agenda item to consider an ordinance to require owner -occupied short-term rentals on Newport Island only Volume 64 - Page 536 69 City of Newport Beach Regular Meeting October 13, 2020 Council Member Duffield: Requested a future agenda item to discuss the possibility of a zoning code amendment to allow restaurant and health club uses in MU -DW Mixed -Use Dover Drive/Westcliff area Council Member Muldoon: Requested a future agenda item to discuss traffic calming measures in the Dover Shores Mayor Pro Tem Avery: Attended the Orange County Sanitation District's operations committee meeting and the Ad Hoc Committee on Homeless Task Force meeting Utilized a slide to announce a virtual Zoning Amendment Workshop on October 19, 2020 at 6:00 p.m. Mayor O'Neill: Addressed the Orange County Bar Association regarding the City's and other cities' reactions for small businesses Attended the Housing Element Update Advisory Committee (HEUAC) meeting the prior week and the virtual Crystal Cove Annual Gala Announced Newport Harbor High School will begin its 90th anniversary celebrations over the weekend and the upcoming Police Appreciation Breakfast Utilized slides to announce a virtual workshop entitled, "Envisioning the Future of Housing" on October 20, 2020 at 6:00 p.m., a shred and e -waste event on October 17, 2020 at Harbor Day School from 8:00 a.m. to noon, the last day to register to vote is October 19, 2020, and the locations of ballot drop boxes XII. MATTERS WHICH COUNCIL MEMBERS HAVE ASKED TO BE PLACED ON A FUTURE AGENDA Consideration of additional restrictions concerning surrey use on the Peninsula [Dixon] Mayor O'Neill, Mayor Pro Tem Avery, Council Member Brenner, Council Member Dixon, Council Member Duffield, and Council Member Herdman concurred to bring this matter back at a future meeting. Consideration of holding a discussion about the General Plan Update [Brenner] In response to Mayor O'Neill's question, Council Member Brenner clarified that she wanted to review the General Plan Update process during a study session. The City Council unanimously concurred to bring this matter back at a future meeting. Consideration of maintaining outdoor dining after the COVID Emergency [O'Neill, Dixon, Muldoon] The City Council unanimously concurred to bring this matter back at a future meeting. XIII. PUBLIC COMMENTS ON CONSENT CALENDAR Due to technical difficulties, Mayor O'Neill recessed the meeting at 4:49 p.m. and reconvened at 4:58 p.m. with all members of the City Council in attendance. Council Member Brenner noted residents in the area of Item 8 (Concrete Alley and Street Replacement Award of Contract No. 7753-2 (21R07)) have underground utilities and will soon have new alleys. She expressed her appreciation for their willingness to provide funding. Volume 64 - Page 537 70 City of Newport Beach Regular Meeting October 13, 2020 In response to Council Member Dixon's question regarding Item 13 (Approval of Budget Amendment to Allocate Restricted Donations for Purchase of SWAT Team Protective Equipment), City Manager Leung reported that a group of community members who have a personal connection to a member of the police force anonymously donated funds which will be used to purchase protective equipment for the SWAT team. Mayor O'Neill thanked staff and the Spyglass Hill Homeowners Association for developing and funding Item 9 (Mission Bay Drive Drainage Project — Award of Contract No. 7889-1) and members of the community for donating to Item 13, and announced staff has pulled Item 16 (City Council Support for Opening Park Playgrounds) from the agenda. Jim Mosher noted that one-way streets adjacent to those named in Item 3 (Ordinance No. 2020-25: Designating Portions of 61St and Lancaster Streets in Newport Shores as One -Way Streets) are not included in the Newport Beach Municipal Code, questioned how Item 5 (Resolution No. 2020-86: Announcing Its Commitment to End Child Marriage and Authorizing the City Manager, or Designee, to Provide Educational Information Pertaining to Ending Child Marriage) pertained to the functions of the City, and inquired whether staff made Council aware of all the applicants for Item 14 (Confirmation of Appointment to the Newport Beach Restaurant Association Business Improvement District Advisory Board of Directors) prior to voting. Hoiyin Ip, addressing Item 11 (Amendment No. Two to Agreement for Beach Container Refuse Collection Service with Rainbow Disposal Co., Inc.), thanked the Public Works Department for cleaning the beaches, noted the annual cost of the contract increased from $120,000 to $320,000, and hoped Council would support the trash and toxics reduction ordinance. Denys Oberman, addressing Item 4, thanked staff for bringing this item forward, but believed the ordinance contained a significant gap regarding enforcement and that motorized vehicles on the Boardwalk are unsafe. XIV. CONSENT CALENDAR READING OF MINUTES AND ORDINANCES 1. Minutes for the September 22, 2020 City Council Regular Meeting [100-20201 Waive reading of subject minutes, approve as written, and order filed. 2. Reading of Ordinances Waive reading in full of all ordinances under consideration, and direct the City Clerk to read by title only. ORDINANCE FOR INTRODUCTION 3. Ordinance No. 2020-25: Designating Portions of 61st and Lancaster Streets in Newport Shores as One Way Streets [100-20201 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) Waive full reading, read by title only, introduce Ordinance No. 2020-25, An Ordinance of the City Council of the City of Newport Beach, California, Amending Section 12.52.060 of the Newport Beach Municipal Code to Designate Portions of Streets as One -Way Traffic Only, and pass to second reading on October 27, 2020. ORDINANCE FOR ADOPTION 4. Ordinance No. 2020-24: Amending Chapter 12.54 of the Newport Beach Municipal Code Pertaining to the Oceanfront Boardwalk Safety Program [100-20201 Volume 64 - Page 538 71 City of Newport Beach Regular Meeting October 13, 2020 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) Conduct second reading and adopt Ordinance No. 2020-24, An Ordinance of the City Council of the City of Newport Beach, California, Amending Chapter 12.54 of Title 12 of the Newport Beach Municipal Code Pertaining to the Oceanfront Boardwalk Safety Program. City Clerk Brown recused herself from Item 4 due to real property interest conflicts. Council Member Muldoon voted "no" on Item 4. RESOLUTIONS FOR ADOPTION 5. Resolution No. 2020-86: Announcing Its Commitment to End Child Marriage and Authorizing the City Manager, or Designee, to Provide Educational Information Pertaining to Ending Child Marriage [100-20201 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. 2020-86, A Resolution of the City Council of the City of Newport Beach, California, Announcing Its Commitment to End Child Marriage by Calling for an "End Child Marriage Under 18, No Exceptions" Law and Authorizing the City Manager, or Designee, to Provide Educational Information Pertaining to Ending Child Marriage. 6. Resolution No. 2020-87: Adding Street Sweeping Parking Restrictions on Terrace Ridge 100-20201 a) Determine that the 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 it will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2020-88, A Resolution of the City Council of the City of Newport Beach, California, Establishing "No Parking" Restrictions on Designated Streets on Specific Days and Times to Improve Street Sweeping Effectiveness and Rescinding Resolution No. 2017-66. 7. Resolution No. 2020-88: Emergency Management Performance Grant Authorization C-8653-1) [381100-20201 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. 2020-82, A Resolution of the City Council of the City of Newport Beach, California, Providing Written Authorization to the State of California Governor's Office of Emergency Services of the Standard Assurances Required to Apply for Grants from the Federal Department of Homeland Security, Federal Emergency Management Agency. CONTRACTS AND AGREEMENTS 8. Concrete Alley and Street Replacement - Award of Contract No. 7753-2 (21R07) [381100- 20201 a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301(b)(c), Class 1 (maintenance of existing public facilities involving negligible or no expansion of use) of the CEQA Guidelines, because this project has no potential to have a significant effect on the environment; b) Approve the project plans and specifications; c) Award Contract No. 7753-2 to S&H Civilworks for the total bid price of $1,288,025, and authorize the Mayor and City Clerk to execute the contract; d) Establish a contingency of $129,000 (approximately 10 percent of total bid) to cover the cost of unforeseen work not included in the original contract; and Volume 64 - Page 539 72 City of Newport Beach Regular Meeting October 13, 2020 e) Approve Budget Amendment No. 21-016 appropriating $122,671 in increased expenditures in Account No. 65802-941003 from Assessment District 117 unappropriated fund balance. Council Member Muldoon recused himself from Item 8 due to previous business interest conflicts. City Clerk Brown recused herself from Item 8 due to real property interest conflicts. 9. Mission Bay Drive Drainage Project- Award of Contract No. 7889-1 (211103) [381100-20201 a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15304 (minor alterations in the condition of land, water, and/or vegetation) of the CEQA Guidelines, as the project only entails minor trenching without removal of healthy, mature trees; installation of subdrain pipe; and backfilling to restore the original surface; b) Approve project drawings and specifications; c) Award Contract No. 7889-1 to Bunker Construction, Inc. for the total bid price of $143,983, and authorize the Mayor and City Clerk to execute the contract; d) Establish $14,400 (approximately 10 percent) contingency to cover the cost of unforeseen work not included in the original contract; and e) Approve a Cooperative Agreement (C-7889-2) with Spyglass Hill Community Association Association) and accept the $100,000 contribution included in the adopted FY2020-21 CIP budget for the project, and authorize the Mayor and City Clerk to execute the agreement. 10. Via Lido Soud and Nord Water Main Replacement - Award of Contract No. 7645-2 (20W12) 381100-20201 a) Find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Class 2 Section 15302(c) (replacement of existing public facilities involving negligible or no expansion of capacity) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment; b) Approve the project plans and specifications; c) Award Contract No. 7645-2 to T.E. Roberts, Inc. for the bid amount of $3,787,401 for the Via Lido Soud and Nord Water Main Replacement project and authorize the Mayor and City Clerk to execute the contract; d) Establish a contingency of $378,000 (approximately 10% of total bid) to cover the cost of unforeseen work not included in the original contract; and e) Approve Budget Amendment No. 21-017 appropriating $1,347,500 in increased expenditures in Account No. 70201931- 980000-20W12 from the Water Enterprise Fund unappropriated fund balance. 11. Amendment No. Two to Agreement for Beach Container Refuse Collection Service with Rainbow Disposal Co., Inc. (C-4709) [381100-20201 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; b) Approve Amendment No. Two to Agreement with Rainbow Disposal Co., Inc. for Beach Container Refuse Collection Service to modify the compensation terms to increase the total not - to -exceed amount by $400,000.00 for a total not -to -exceed amount of $1,897,624.30, and extend the contract to December 31, 2022; and c) Authorize the Mayor and City Clerk to execute the amendment. 12. Parking Meter Equipment Replacement Plan and Purchase Authorization (C-8644-1) 381100-20201 a) Find this project exempt from 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 1578) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because this project has no potential to have a significant effect on the environment; Volume 64 - Page 540 73 City of Newport Beach Regular Meeting October 13, 2020 b) Authorize staff to purchase and install the minimum number of pay stations as may be required to ensure compliance with the City's Local Coastal Program Implementation Plan and the California Vehicle Code; c) Authorize the City Manager or designee to enter into an agreement for the purchase, installation and maintenance of the minimum number of multi -space pay stations required to replace single space parking meters, in an amount not to exceed $661,004; and d) Waive the standard bidding requirements provided by City Council Policy F-14 and approve a single source award of the agreement to T2 Systems, Inc. (T2). Council Member Muldoon recused himself from Item 12 due to previous business interest conflicts. MISCELLANEOUS 13. Approval of Budget Amendment to Allocate Restricted Donations for Purchase of SWAT Team Protective Equipment [100-2020] 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) Approve Budget Amendment No. 21-012 increasing revenue estimates by $33,570 in the Police Department Private Donations/Contributions account, 01035352-561005, and increasing expenditure appropriations to the Police Department SWAT Supplies expenditure account, 01035353-841024. 14. Confirmation of Appointment to the Newport Beach Restaurant Association Business Improvement District Advisory Board of Directors [241100-2020] 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) Appoint Micah Schiesel, representing The Lounge Group, to the NBRA BID Advisory Board of Directors for term ending June 30, 2021. 15. Grants and Donations Report for the Quarter Ending September 30, 2020 [100-2020] 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) Receive and file. 16. City Council Suppo=t for Opening Park Playgrounds [100-2020] Removed from the agenda. Motion by Mayor Pro Tem Avery, seconded by Council Member Dixon, to approve the Consent Calendar; and noting the "no" vote by Council Member Muldoon on Item 4, recusals by Council Member Muldoon on Items 8 and 12, and the removal of Item 16 from the agenda. The motion carried unanimously. XV. ITEMS REMOVED FROM THE CONSENT CALENDAR — None XVI. PUBLIC COMMENTS ON NON -AGENDA ITEMS Hoiyin Ip hoped outdoor dining would become permanent in some way and that staff would consider a car -free entertainment area. Jim Mosher suggested Council discuss rules for rentals in excess of 30 days, particularly a homeowner's ability to rent a room or rooms for more than 30 days. Volume 64 - Page 541 74 City of Newport Beach Regular Meeting October 13, 2020 Mike Glenn understood that Council directed staff to prepare an ordinance limiting Boardwalk users to pedestrians only during summer weekends and questioned whether staff ignored the direction, obtained a modification from Council without the public's knowledge, or would present the ordinance at a future meeting. Mayor O'Neill indicated that staff would present the ordinance at a future meeting. XVII. PUBLIC HEARINGS 17. Resolution Nos. 2020-89 and 2020-90: Approving General Plan Amendment No. GP 2020- 005 and Tentative Parcel Map No. NP2020-007 for a Residential Subdivision at 2400 Santiago Drive (PA2020-041) [100-20201 Associate Planner Lee utilized a presentation to discuss the applicant's request and display a map of proposed and existing conditions on the parcel. In response to Council questions, Associate Planner Lee indicated two adjacent parcels have flag lots, structures are located on both, City records contain approvals for both, noted that this action could serve as a precedent for owners of other large lots in the area, stated that this is not spot zoning, advised that the Planning Commission has reviewed the application, the General Plan designation for the parcel will remain the same, and confirmed that the City will be able to count an additional housing unit towards its Regional Housing Needs Assessment (RHNA) allocation. Mayor O'Neill opened the public hearing. Jim Mosher noted the resolution does not include a map showing the parcel before and after the General Plan amendment. Steve Farwell opposed the subdivision of the parcel. Charlie Cotton advised that no one from the project has contacted him, inquired regarding the precedent for subdivisions mentioned in the report, requested that Council continue the item so he could learn about the property owner's intentions regarding trees on the parcel, and further requested the original zoning for the parcel. Shawna Schaffner, representing the applicant, related details of the proposal, noted that the subdivision will add one housing unit to the City, and that the subdivision will result in two parcels that are similar to parcels immediately surrounding the site. Hearing no further testimony, Mayor O'Neill closed the public hearing. Mayor O'Neill noted the application does not propose development of the parcel and believed Mr. Cotton will have time to meet with the owner regarding the trees. In response to Council questions, Deputy Community Development Director Campbell reported several lots on the block were subdivided in an almost identical fashion prior to the City's annexation and noted that staff has referred to the precedent as a way of indicating the proposed subdivision is compatible with the area. Further, future development of the resulting lot would be subject to R-1 zoning standards and could be a large house or a house and accessory dwelling unit but not a multifamily dwelling, stated that an application to develop the lot would be subject to the usual Planning Division review, noted that this type of proposal is not common but reflects the area, and added that, if Council feels the subdivision is inappropriate for the community, it does not have to approve the application. Volume 64 - Page 542 75 City of Newport Beach Regular Meeting October 13, 2020 Motion by Council Member Muldoon, seconded by Council Member Herdman, to a) find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15303 under Class 3 (New Construction) of the CEQA Guidelines, because it has no potential to have a significant effect on the environment; b) adopt Resolution No. 2020-89, A Resolution of the City Council of the City of Newport Beach, California, Approving General Plan Amendment No. GP2020-003 for a Residential Subdivision Located at 2400 Santiago Drive (PA2020-041); and c) adopt Resolution No. 2020-90, A Resolution of the City Council of the City of Newport Beach, California, Approving Tentative Parcel Map No. NP2020-007 for a Residential Subdivision Located at 2400 Santiago Drive (PA2020-041). With Mayor Pro Tem Avery voting "no," the motion carried 6-1. 18. Ordinance No. 2020-26: Short Term Lodging Amendments to Chapter 5.95 and Title 21 of the Newport Beach Municipal Code (PA2020-048) [100-20201 Mayor O'Neill recommended Council discuss provisions specific to Newport Island separately and direct staff to return with modifications because public comments have suggested the proposed amendments are insufficient. City Attorney Harp advised that the recommendation is appropriate. Mayor O'Neill acknowledged that the good operators wanted to obtain the City's support while balancing the needs of residents and visitors. Council Member Herdman reported that the Ad Hoc Committee on Short -Term Lodging (STL) has been working on this issue for 20 months, held ten community meetings and more than 20 ad hoc committee meetings, and heard from the community, property owners, and STL owners, stated that Council has adopted an ordinance that regulates the STL industry and that allows staff to collect data on problem units, believed the City has the tools and means to eliminate problem units, assured that good operators have nothing to worry about, and emphasized that Council is responsible for protecting the well-being of residents. Council Member Brenner noted comments from STL operators supporting a six -night minimum, the cap will not negatively impact current STL operators, and good operators appreciate the ordinance. Council Member Dixon stated that engagement with management companies and residents has been intensive, noted that the STL topic has been before Council for four or five years, believed the four -night minimum stay requirement for Newport Island is almost impossible to enforce, stated the answering service is not a legal enforcement mechanism, noted that residents are looking to the City to enforce the Code, affirmed that the ordinance contains the good operators' requirements for a minimum age of 25 years and a good neighbor policy, and stated that the City ha& not assessed the negative environmental impacts of STLs on the community. In response to Council Member Dixon's questions, Community Development Director Jurjis advised that the Coastal Commission believes STL units are low-cost visitor accommodations and wants to preserve the units in any Coastal Zone, stated the majority of complaints to the hotline concern noise, and noted that staff investigates all complaints, but code enforcement officers need evidence. Police Chief Lewis indicated police officers enforce after -hour parking violations and notify code enforcement of citations or advisements that are issued. Community Development Director Jurjis related that code enforcement resources appear to be enough and that staff will assess resources over time. In response to Mayor O'Neill's questions, Community Development Director Jurjis reported the ad hoc committee worked through and analyzed the cap, looked at the number of permits issued and the number in process and added a little more for a total of 1,550, stated that if Council approved a cap of 1,550, the ad hoc committee wants to amend the emergency ordinance to allow the issuance of permits up to the cap, reported approximately 30 citations not related to COVID-19 have been issued to STL owners in the past two years, noted that Government Code requires a six-week review Volume 64 - Page 543 76 City of Newport Beach Regular Meeting October 13, 2020 by the public before Council or a discretionary body takes a look at a Local Coastal Plan (LCP), and confirmed that staff published an LCP notice six weeks prior to any consideration and is not required to do another six week notice if the LCP is changed. Mayor O'Neill did not believe there is justification for the emergency ordinance and disagreed with staff regarding the six-week notice for an LCP. Council Member Brenner expressed concern that the number of STL units in the Coastal Zone will increase by 60 units, stated that the ad hoc committee has a pro-business approach and did not want to eliminate STLs, noted that the Police Department has to address crimes before STL complaints, but Council has to address citizen complaints. Council Member Herdman noted the ordinance has various infractions that can result in a citation, and two citations in a year can result in permit revocation. In response to Council Member Herdman's questions, Community Development Director Jurjis reported that the City cannot implement any ordinance revisions until the Coastal Commission approves them and if Council amends the emergency ordinance to remove the ban, staff will issue the permits in process. In response to Council Member Dixon's questions, Community Development Director Jurjis advised that a majority of the City's 4,000 hotel rooms are located in the Coastal Zone, stated that the number of units indicates the City's hospitality industry is very strong, confirmed that compared to cities of similar size, Newport Beach has the highest number of STL units. Council Member Brenner expressed concern about the transferability of permits because an STL permit could increase the value of the property and lower the value of surrounding properties. Council Member Muldoon believed complaints can easily be resolved if code enforcement officers work later hours or investigate a complaint without a police officer and impose hefty fines. Mayor O'Neill believed imposing a cap would result in inequities, noted that there are many ways to transfer property without changing ownership, provided examples, and stated that some changes in ownership are benign. Council Member Herdman noted an STL permit must be renewed annually and advised that the permit is not owned. Mayor O'Neill indicated an individual could not transfer ownership of his property without losing the STL permit, but an entity could. Council Member Herdman suggested transferability should be handled separate from the cap, the minimum night stay, and parking requirements. Mayor O'Neill believed the cap and transferability must be considered together. Council Member Brenner agreed that these issues should be discussed and considered further. In response to Council Member Dixon's question, Community Development Director Jurjis requested that the Mayor conduct a straw poll to determine whether staff returns with an amendment to the emergency ordinance to eliminate the ban on STL permits if Council wants to continue the transferability issue. Council Member Dixon noted noise and parking are the critical pillars of the problem, but service personnel facilitating the rapid turnover of units is also a problem, stated that eliminating the cap will place an enormous burden on public safety personnel, and believed the City has issued permits without considering the intensification of traffic and the impacts on neighborhoods. Council Member Muldoon reiterated that all STL rules will be irrelevant if they are not heavily enforced, which would alleviate problems. Council Member Brenner indicated that people are constantly telling Council Members that rules and ordinances are not being enforced and stated that enforcement is the key to any plan for STLs. Volume 64 - Page 544 77 City of Newport Beach Regular Meeting October 13, 2020 Council Member Herdman concurred with Council Member Muldoon's suggestions and stated that members of the ad hoc committee are advocating for residents in their districts who are being negatively impacted by STLs. Mayor Pro Tem Avery noted the same problems have occurred in the Harbor and on the Boardwalk, believed the Police Department does not have the resources to enforce every regulation and code enforcement does not have sufficient resources, and suggested that, with training, the City's park rangers could help with enforcement. Council Member Dixon pointed out that the issue is how to respond to the residents' pleas for help, hoped Council can approve a cap for a period of three years in order to stabilize the community, and preferred to delay the discussion about transferability. Council Member Muldoon appreciated the City's complaint -based system of enforcement and suggested Council consider alternatives to enforcement if staffing is not sufficient. Mayor O'Neill opened the public hearing. Carol McDermott, representing Craig Batley, Aaron Batley, Jeff Bosson, and Don Abrams believed the Planning Commission rejected phase 2 because they felt it infringed on coastal access and was unfair to some property owners, reported the hotline is not working effectively, phase 1 continues to create confusion, the workshop will not get the input Council wants, noise and parking issues come down to enforcement, STL guests do not overburden City services or impact traffic, confusion about some of the provisions requires a continuance of the item, limiting STL permits to 1,550 infringes on the industry, using the number of bedrooms is a better measurement than square footage for limiting occupancy, eliminating the cap could eliminate the need for an LCP amendment, the number of valid permits may be inflated, and suggested including two representatives of the STL industry on the ad hoc committee. Jim Mosher indicated he submitted a question regarding the six week noticing to the legal counsel for the Coastal Commission, stated that a draft of the proposed ordinance was not posted six weeks in advance, noted that the Coastal Act contains noticing requirements for hearings on LCP amendments, believed a lottery is the one equitable way to deal with a limited number of permits, and stated that, if Council includes two STL representatives on the ad hoc committee, it will have to notice public meetings in accordance with the Brown Act. Gary Cruz hoped Council would consider the concerns of Newport Island residents, expressed concern the sense of community is changing, and believed increasing enforcement with new hires or a contractor is a good idea. s Mark Markos stated it appears there have been 30 to 40 code violations in the last 45 days, but no citations have been issued, opposed STLs on Newport Island, and noted support for a ban on STL permits. Carmen Rawson agreed with Council Member Muldoon's comments regarding enforcement, opposed the provision which holds owners responsible for violations, and requested that the Police Department explain the procedure for issuing a citation. Scott McFetters commented that enforcement does not work on Newport Island, 90 percent of residents are permanent, lot sizes, parking, and streets without sidewalks are not appropriate for STL use, and believed banning STLs or requiring them to be owner -occupied may be a solution. An unidentified speaker indicated her experience renting to guests via Airbnb and noted she has no problems with STL tenants. Volume 64 - Page 545 78 City of Newport Beach Regular Meeting October 13, 2020 Nancy Scarbrough agreed with most of the provisions in the ordinance, noted that on September 6, 2020, a majority of Council supported a minimum night stay and a permit cap, commented that without community input, the Mayor added transfer of permits via inheritance and property sale, which Council also supported, believed the provisions should not be considered because the public has not provided input and the ad hoc committee has not considered them, and stated that the provisions will turn into a property right that no fixture Council will be able to remove. Mayor O'Neill stated the accusation of a backroom deal is obscene and not accurate, and confirmed that transferability and a cap have to be addressed together. Council Member Muldoon added that he had not addressed the provisions prior to the Council meeting, the provisions are standard legal language, and stated that he has no financial interest if he supports the language. Scott Carpenter, iTrip Vacations, believed that a cap of 1,550 permits seems arbitrary and that a cap of 2,000 units might be more appropriate, suggested that, if a STL unit does not pay more than 1,000 in Transient Occupancy Tax (TOT) per year over a two-year period, the permit is revoked and Council should consider removing the ban on new permits, and commented that the parking violations shown in the pictures on Newport Island should be enforced. Ms. Fine, Airbnb, supported reasonable regulations for STLs that protect public safety and preserve neighborhood integrity, stated that STL is a way to expand access to the coast, and encouraged Council to eliminate the minimum night stay requirement. Michelle Baccaro believed that STLs have been on Newport Island for more than 100 years, found long-term rental tenants to be more trouble than short-term rental tenants, and a property with a STL permit has a higher value than a property without a permit. She suggested that Council also provide a hotline phone number for long-term rentals. Denys Oberman supported placing a cap on the number of STL permits, agreed with Council Member comments about enforcement, and requested Council provide clear directions to the Police Department regarding enforcement. Rob Wright hoped to purchase a home in Newport Beach with an STL unit and believed parking is a problem for long-term tenants rather than short-term tenants. Lucinda indicated Newport Island is currently louder and has more traffic than in the past. Joe Bo werbank appreciated the four -night minimum stay provision and the complaint hotline, believed the ordinance is not working, and believed STLs will not work on Newport Island. Randy Beck advised that he bought his property believing that the STL permit would be transferable, expressed concern that the City is changing the rules without providing a deadline, and stated that residents work out parking issues amongst themselves. Jim Maloney explained that STL permits were not renewed for R-1 properties, believed any cap needs to be adjusted to market needs, many of the provisions for Newport Island will not change the complaints, the City should hire inspectors with permit fees and TOT revenues, and disagreed with the characterization of STLs as an explosion. Bud Weasley discussed the deterioration of quality of life and the loss of privacy and community, and believed permits should not be transferred with the sale of a property. Ray Beaton believed STL is a business that affects neighborhoods and Council should treat it like a business. Volume 64 - Page 546 79 City of Newport Beach Regular Meeting October 13, 2020 Penelope Gilbert indicated her property is surrounded by STL units and believed that the units on Newport Island should be owner -occupied and owner -managed. Ken Rawson expressed concern that STL owners will be responsible for paying parking citations issued to their tenants. Rob Ryan did not believe the Peninsula has changed since the 1990s, but suggested that Newport Island may need its own rules. Hearing no further testimony, Mayor O'Neill closed the public hearing. Council Member Herdman noted that the ad hoc committee discussed particular units having to pay a certain amount of TOT on an annual basis and believed that a STL permit should not be revoked because the unit does not rent, as it is not the fault of the owner. In response to Council Member Brenner's questions, Community Development Director Jurjis reported STL units are allowed in R-2 and multi -family zones but not in single-family, mixed-use, and commercial zones, the potential for 10,000 STL units would not affect all of the City, square footage is a uniform method for limiting the occupancy of any type of unit, limiting occupancy based on the number of bedrooms could lead to property owners adding bedrooms to a unit that cannot accommodate a large number of bedrooms, a template for a nuisance policy is available on the City's website, and the City does not have the authority to evict tenants immediately. In response to Mayor O'Neill's question, City Attorney Harp explained that under the ordinance, a STL owner would not be responsible for paying a ticket issued to another party for a parking violation. Further, in accepting a STL permit, the owner is agreeing to be responsible for where tenants park within 100 feet of the unit, and a notice of violation will be issued prior to a citation. In response to Council Member Muldoon's questions, City Attorney Harp advised that the City does not get involved in the relationship between the landlord and the transient user, and staff may include in the nuisance abatement plan a requirement for operators to include an immediate eviction clause in its lease agreement. City Manager Leung reported the Police Department and a contractor handle parking enforcement. Finance Director Matusiewicz indicated the contract may require the contractor to patrol STL areas more frequently without charging additional fees, the Police Department may dispatch the contractor directly, and the contractor cannot issue citations for Vehicle Code violations, only Municipal Code violations. City Manager Leung added that staff is discussing a reallocation of contract resources to focus on these types of violations in STL areas and if additional resources are needed, she will advise Council. Council Member Dixon liked the suggestion of requiring owner -occupied and owner -managed for units on Newport Island, stated that the ad hoc committee supported the provision to cite the owner for tenant parking violations because police cannot determine where vehicles belong, suggested Council consider requiring one onsite parking space per unit and the towing of illegally parked vehicles, restrict permits to R-2 properties only, provide a flexible cap, maintain the ban on issuing permits for Newport Island, and enforce parking regulations. In response to her question, Community Development Director Jurjis indicated staff has received complaints about the hotline and the vendor is addressing them, and stated that limiting STL to R-2 properties is acceptable with abatement and a grandfather program for properties holding a permit. Mayor Pro Tem Avery believed defining ordinance provisions will be difficult, the City needs a better partnership with STL operators more than enforcement, supported including provisions that will be effective, believed towing vehicles may not be allowed, commented that operators need to be located in California, and noted that many local operators do a good job managing STL units. Volume 64 - Page 547 80 City of Newport Beach Regular Meeting October 13, 2020 Council Member Duffield appreciated the ad hoc committee's many hours of work, concurred with Council Member Muldoon's comments regarding enforcement, believed Newport Island needs its own rules, and supported a requirement for owner -occupied and owner -managed on Newport Island. Mayor O'Neill noted four operators, who represent more than a third of the rental units, do not support the ordinance as currently written, expressed concern about the Coastal Commission accepting the LCP amendment as written, clarified the challenges of drafting language for a cap and transferability clause, stated that Council needs the support of good operators, and believed modifying the emergency ordinance will require multiple meetings. Council Member Brenner wanted to move the ordinance forward with the transferability language in order to begin the process for Coastal Commission approval and Council can amend the ordinance as needed. Motion by Council Member Brenner, seconded by Council Member Dixon, to a) find this project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 21065 of CEQA and State CEQA Guidelines Sections 15060(c)(2), 15060(c)(3), and 15378. The proposed action is also exempt pursuant to State CEQA Guidelines Section 15061(b)(3) because it has no potential to have a significant effect on the environment; b) waive full reading, read by title only, introduce Ordinance No. 2020-26, An Ordinance of the City Council of the City of Newport Beach, California, Amending Portions of Chapter 5.95 of the Newport Beach Municipal Code Relating to Short Term Lodging, and pass to second reading on October 27, 2020; and c) adopt Resolution No. 2020-91, A Resolution of the City Council of the City of Newport Beach, California, Authorizing Submittal of Local Coastal Program Amendment No. LC2020-007 to the California Coastal Commission, an Amendment to Title 21 (Local Coastal Program Implementation Plan) of the Newport Beach Municipal Code Related to Short -Term Lodging (PA2020-048). Mayor Pro Tem Avery compared STL permits to mooring permits, and believed a lottery is a good idea and preferable to the transferability language. Council Member Dixon supported the language for transferring ownership through a family trust and to an immediate family member, and suggested a time limit could be imposed in addition to a three -night minimum stay, the cap of 1,550 units, a minimum age of 25 years for tenants, and requiring owners to be responsible for parking violations. Council Member Herdman reported extensive surveys were conducted of cities and did not find any transferability policies, and stated Council needs to determine if the Coastal Commission will approve the cap and a three -night minimum stay. In response to Council Member Dixon's question, Community Development Director Jurjis advised that staff can discuss the issues with Coastal Commission staff. Council Member Muldoon indicated he supports lifting the ban on STL permits, but opposes the ordinance. City Attorney Harp proposed amending Condition of Approval 23 to state, "The owner shall ensure that any transient user or transient user's guest complies with state or local law." Council Members Brenner and Dixon accepted the amendment. With Mayor O'Neill, Mayor Pro Tem Avery and Council Member Muldoon voting "no," the motion, as amended, carried 4-3. City Attorney Harp requested Council consider whether provisions for Newport Island will include a grandfather clause. Volume 64 - Page 548 81 City of Newport Beach Regular Meeting October 13, 2020 Council Member Dixon proposed maintaining the freeze on permits for Newport Island until the City shifts to owner -occupied and owner -managed. City Attorney Harp advised that the ban on permits is tied to the emergency; if the emergency demands a freeze on permits, then the freeze is appropriate, as the ban is not a moratorium. Mayor O'Neill clarified that Council Member Dixon is not proposing an emergency ordinance but an ordinance. City Attorney Harp reported Council could propose a moratorium or modify the ordinance. Mayor Pro Tem Avery inquired about a transition point for Newport Island. Council Member Dixon suggested enforcement of parking and noise regulations begin immediately and suggested that staff can return with a proposed ordinance at the next Council meeting. In response to Council Member Brenner's question, City Attorney Harp suggested Council allow existing permitholders ten years to amortize out. Council Member Dixon noted existing permitholders may continue to operate if they transition to owner -occupied and owner -managed. Council Member Herdman questioned whether requiring owner occupancy and management would accomplish Council's goals for Newport Island. Council Member Dixon assumed conditions would improve with owner occupancy and management of units. Mayor Pro Tem Avery stated some property owners would have to move into the home in order to comply. City Attorney Harp added that some property owners may choose to sell the home rather than move into it, but a sale could require some time. City Attorney Harp suggested staff return with a draft ordinance with options. Council Member Brenner indicated Coastal Commission approval could take a year and, if the Council allows a year, property owners would have two years. Council Member Herdman advised that some STL units are rented for the entirety of 2021, so 24 months is probably the best way to go. City Attorney Harp advised that a transition period that interferes with owners' contractual relationships would create issues. Council Member Duffield related that, if there was a way to fund additional enforcement, he could support a 24 -month transition, as residents are suffering and their property values are plummeting. With Council Member Muldoon voting "no," there was a 6- 1 straw vote to issue no new permits on Newport Island. With Council Member Muldoon and Mayor O'Neill voting "no," there was 5- 2 straw vote to require short-term lodging on Newport Island to transition to owner -occupied and owner -managed within 12 months after Coastal Commission approval. Mayor O'Neill recessed the meeting at 9.05 p.m. and reconvened at 9.16 p.m. with all members of the City Council in attendance. XVIII. CURRENT BUSINESS 19. Resolution Nos. 2020-92 and 2020-93: Authorizing an Appeal of the Regional Housing Needs Assessment and Amending the Purpose of the Housing Element Update Advisory Committee [100-2020] Community Development Director Jurjis presented a map to demonstrate that only 45% of the City is not impacted by constraints and discussed the methodology, COVID-19 impacts, and the timeline. Volume 64 - Page 549 82 City of Newport Beach Regular Meeting October 13, 2020 Mayor O'Neill reported he has been working with other cities and the Southern California Association of Governments (SLAG) representative to draft a letter asking SCAG to re-form its litigation committee to consider filing litigation against the California Department of Housing and Community Development (HCD) to reduce the allocation. Community Development Director Jurjis advised that the HEUAC is busy with the Housing Element and opportunity sites, so the Chair does not believe the HEUAC has the capacity to focus on the Circulation Element, stated that work needs to begin on the Circulation Element, noted that the Planning Commission is authorized to review all aspects of the General Plan and make a recommendation to the City Council, and reported that staff recommends the Planning Commission update the Circulation Element. In response to Council Member Brenner's questions, Community Development Director Jurjis indicated a few Planning Commissioners are interested in participating in the HEUAC's outreach subcommittee, Tony Petros of LSA is serving as the consultant, and the Planning Commission can form ad hoc committees to engage community members and experts. Mayor O'Neill referred to the Orange Coast River Park Conservancy letter suggesting the City focus on open space and noted that while each element deserves its own review, unfortunately, the Housing Element is the primary focus. Council Member Dixon agreed that citizens should be involved and recommended Council direct the Planning Commission to supervise and work with a community -centered transportation/circulation ad hoc committee. Council Member Brenner believed it would be simpler for Council to appoint a committee that is focused on circulation. Community Development Director Jurjis expressed concern about staffing another committee and believed that involving the Traffic Affairs Committee would complicate matters. City Manager Leung stated that Mr. Petros knows the history of the City and has the necessary technical expertise, the Planning Commission has to review the Circulation Element Update at some point, and the Planning Commission is a forum for public review. Council Member Dixon inquired if anyone on the Planning Commission has circulation or transportation expertise and acknowledged the Planning Commission's regular workload. Council Member Brenner commented that traffic is a fundamental issue for the community, and the Council should not base its decision on staff resources. Mayor O'Neill clarified that the Planning Commission is needed to obtain public comment and stated staff time will be better spent on the Housing Element Update with the consultant providing expertise. Jim Mosher discussed the Housing Action Plan, the resolution of tasks on the list, staffs proposal to transfer the Circulation Element to the Planning Commission, the Planning Commission reviewing work it has authored, and Public Works staff working with a citizens committee on the Circulation Element. Hoiyin Ip suggested staff search for residents who want to contribute to the Circulation Element while Council decides if it wants the Planning Commission or another committee to update the Circulation Element. Mayor O'Neill recalled that no applications were submitted to create a circulation subcommittee for the Housing Element. In response to his question, Community Development Director Jurjis confirmed that traffic engineers from Public Works would work with the Planning Commission's ad hoc committee. Mayor O'Neill thanked staff for their effort in preparing the appeal letter, but questioned the effectiveness of the letter given that all cities will be filing appeals. Volume 64 - Page 550 83 City of Newport Beach Regular Meeting October 13, 2020 Motion by Mayor O'Neill, seconded by Council Member Muldoon, to 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; b) adopt Resolution No. 2020-92, A Resolution of the City Council of the City of Newport Beach, California, Authorizing the Filing of an Appeal of the Southern California Association of Governments Final Draft Regional Housing Needs Assessment Allocation for the City of Newport Beach Sixth Cycle Housing Element (PA2018-225); c) adopt Resolution No. 2020-93, A Resolution of the City Council of the City of Newport Beach, California, Amending the Purpose and Responsibilities of the Housing Element Update Aduisory Committee Related to the Circulation Element of the General Plan and Delegating those Responsibilities to the Planning Commission; and d) authorize the Mayor to send letters to SCAG in support of other Orange County cities' RHNA Allocation Appeal. The motion carried unanimously. 20. Coronavirus (COVID-19) Update [100-2020] City Manager Leung utilized a presentation to discuss the California Blueprint for a Safer Economy, Orange County's tier status and trends, the reopening of City facilities, Small Business Relief Grants, and Community Development Block Grant (CDBG) economic development grants. Mayor O'Neill noted hospitalizations continue to be low. XX. MOTION FOR RECONSIDERATION - None XXI. ADJOURNMENT - 10:00 p.m. The agenda was posted on the City's website and on the City Hall electronic bulletin board located in the entrance of the City Council Chambers at 100 Civic Center Drive on October 8, 2020, at 4:00 p.m. Leilani I. Brown City Clerk Will ff IN ein Mayor Volume 64 - Page 551 84 Attachment No. PC 6 Redlined Code Text Changes 85 INTENTIONALLY BLANK PAGE86 Proposed Local Coastal Program Amendment Short-Term Lodging on Newport Island (LC2020-008) [This proposed amendment would modify revision proposed under LC2020-007 currently under review by the California Coastal Commission] 21.48.115 Short-Term Lodging. A. Purpose. This section provides standards for the operation of short -term lodging units to prevent over-burdening City services and adverse impacts on residential neighborhoods and on coastal access and resources. B. Zoning Districts and Planned Communities. No short-term lodging unit shall be permitted on any parcel in the R-1 (Single-Unit Residential) Coastal Zoning District or any parcel designated for single-unit dwelling land use as part of a planned community development plan, unless the short-term lodging unit was legally established on or before June 1, 2004. C. Permits. No owner of a short term lodging unit shall advertise for rent or rent a lodging unit located within a residential district for a short term without a valid short term lodging permit for that unit issued pursuant Chapter 5.95. As set forth in Section 5.95.042, of Chapter 5.95, the maximum number of short term lodging permits shall be limited to fifteen hundred and fifty (1,550) permits at any time. If there are more than fifteen hundred and fifty (1,550) valid permits that have been issued as of the effective date of this section, an owner shall be permitted to renew, reinstate, or transfer a valid permit in accordance with the provisions of Chapter 5.95; however, no new permit shall be issued to anyone on the waiting list, as described in Section 5.95.043 (D), until the total number of permits does not exceed the fifteen hundred and fifty (1,550). B. Permits. 1. No owner of a short-term lodging unit shall advertise for rent or rent a lodging unit located within a residential district for a short term without a valid short-term lodging permit for that unit issued pursuant Chapter 5.95. 2. An owner shall be permitted to renew, reinstate, or transfer a valid permit in accordance with the provisions of Chapter 5.95. 3. As set forth in Section 5.95.042, of Chapter 5.95, the maximum number of short- term lodging permits shall be limited to one thousand five hundred and fifty (1,550) permits at any time. If there are more than one thousand five hundred and fifty (1,550) valid permits that have been issued as of [EFFECTIVE DATE OF ORDINANCE NO. 2020-26], no new permit shall be issued to anyone on the 87 waiting list, as described in Section 5.95.042 (D), until the total number of permits does not exceed the one thousand five hundred and fifty (1,550). 4. No short-term lodging unit shall be permitted on any parcel in the R-1 (Single-Unit Residential) Coastal Zoning District or any parcel designated for single -unit dwelling land use as part of a planned community development plan, unless the short-term lodging unit was legally established on or before June 1, 2004. 5. No short-term lodging unit shall be permitted on any parcel identified on Map A-16 (Newport Island), unless the short-term lodging unit was legally established on or before [EFFECTIVE DATE OF ORDINANCE]. On or after [ONE YEAR AFTER EFFECTIVE DATE OF ORDINANCE], a short-term lodging unit permit holder on Newport Island shall only be allowed to rent a unit for a short term if the dwelling units is located on a parcel with an owner-occupied dwelling unit, and is managed by the owner of the owner-occupied unit. C. Operational Standards. The owner, or any other person(s) or entity(ies) that hold(s) legal and/or equitable title to the lodging unit, shall comply with all federal, state, and local laws, rules, regulations and conditions of approval including, but not limited to, all short term lodging permit conditions set forth in Chapter 5.95. In addition, the owner, or any other person(s) or entity(ies) that hold(s) legal and/or equitable title to the lodging unit, shall: 1. By written agreement, limit overnight occupancy of the short-term lodging unit to the maximum permitted by the Building Code and Fire Code. 2. Use best efforts to ensure that the transient user, occupants and/or guests of the short term lodging unit do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of this Code or any state or federal law pertaining to noise, disorderly conduct, the consumption of alcohol, or the use of illegal drugs. 3. Upon notification that any transient user, occupant and/or guest of his or her short term lodging unit has created unreasonable noise or disturbances, engaged in disorderly conduct or committed violations of this Code or any state or federal law pertaining to noise, disorderly conduct, the consumption of alcohol or the use of illegal drugs, promptly use best efforts to prevent a recurrence of such conduct by any transient user, occupant or guest. 4. Use best efforts to ensure compliance with applicable health and sanitation regulations relating to waste disposal. 88 5. Post a copy of any applicable permits and conditions in a conspicuous place within the unit. 6. Not rent, let, advertise for rent, or enter into an agreement for the rental of any lodging unit, for less than three (3) consecutive nights. 7. The City Manager shall have the authority to impose additional standard conditions, applicable to all short-term lodging units, as necessary to achieve the objectives of this section. 21.70.020 (Definitions of Specialized Terms and Phrases) “Dwelling unit, owner-occupied” means a dwelling unit that is occupied by a natural person with legal or equitable title to the lot who resides in the dwelling unit as the person’s legal domicile and permanent residence. “Owner-occupied dwelling unit”. See “Dwelling unit, owner-occupied”. 21.80.010 (Area Maps) A-16 – Newport Island (PDF) 89 INTENTIONALLY BLANK PAGE90 Attachment No. PC 7 Short-Term Lodging and Unit Count on Newport Island Exhibit 91 INTENTIONALLY BLANK PAGE92 12 93601360336053605 1/23607A3609A36133615 1/23611371537133711370937073705B3703B3701380138033805 1/2380735 0 5 12 7 12 5 12 4 12 2 A 12 0 1 / 2 12 0 11 8 1 / 2 11 8 11 4 12 2 12 0 11 6 A 11 4 B 37 1 2 37 1 0 37 0 4 37 0 0 11 4 11 6 11 2 360136033605 1/236053607360936113613361537073707 1/2370938 0 0 3705A3703A3705B3703B12 3 A 36 0 4 36 0 0 12 3 B 11 0 A 11 0 B 504 21 8 21 4 20 4 3510B20 4 B 22 1 1 / 2 22 1 21 9 22 2 22 0 21 6 21 2 21 0 20 8 20 8 1 / 2 20 6 22 3 22 1 A 21 9 21 9 1 / 2 21 7 21 7 1 / 2 21 5 1 / 2 21 5 21 3 21 3 1 / 2 21 1 1 / 2 21 1 20 9 1 / 2 20 7 20 5 1 / 2 20 5 22 2 22 0 22 0 1 / 2 21 8 21 6 21 4 21 2 21 2 1 / 2 21 0 20 8 20 6 3601360536143608360236003604 1/2360631 53311330931 4 31 0 30 8 30 8 1 / 2 30 4 30 2 30 0 30 0 1 / 2 30 6 30 6 1 / 2 31 5 31 3 31 1 1 / 2 31 1 30 9 1 / 2 30 9 30 7 1 / 2 30 7 30 5 30 5 1 / 2 30 3 1 / 2 30 3 30 1 1 / 2 30 1 31 4 31 4 1 / 2 31 2 31 0 30 8 30 6 30 6 1 / 2 30 4 30 2 30 0 B 35 0 5 35 0 1 31 3 31 1 1 / 2 31 1 30 9 1 / 2 30 9 30 7 30 1 1 / 2 30 1 30 5 30 3 1 / 2 30 3 30 6 30 4 30 0 3212 1/23300330233043306331033123400340434023410341234083408 1/23406 1/23406350035023502 1/235043403 1/2340334013401 1/23405331140540933 1 6 34013345 3315 3337 3341 33333325 3305 A - FUNITS 406 408 1/2408406 1/2 400 1/2 400 404 402 36 0 0 3315331336 1 2 36 1 0 11 5 11 7 11 9 12 1 A 12 1 B 11 1 A 11 1 B 11 5 11 7 12 1 A 11 6 410 1/2410 500B502 21 7 1 / 237013701 1/212 7 12 1 1 / 2 12 7 38113811 1/2381339013903A11 8 12 0 12 0 1 / 2 37113711 1/237133713 1/238 1 0 38 1 2 12 7 12 7 1 / 2 12 5 12 3 1 / 2 12 312 1 11 9 11 7 11 5 1 / 2 11 5 38 0 4 13 0 12 8 1 / 2 12 6 1 / 2 12 612 4 A 12 2 12 0 11 4 11 2 12 5 1 / 2 12 5 12 3 1 / 2 12 3 11 9 11 1 13 0 13 0 1 / 2 12 6 12 6 1 / 2 12 8 12 4 11 8 11 8 1 / 2 11 2 A 396012 5 12 1 1 / 2 12 1 11 9 1 / 2 11 9 12 8 12 6 12 6 1 / 2 12 4 1 / 2 12 2 12 5 1 / 2 12 7 1 / 24463446544194417 441544114409440744054403440112 9 A 12 9 B 12 9 A 12 9 B 61 5 60 8 A 60 9 3531 506 508 510 512 516 524 (A-D) 518 50 3 50 9 B 51 6 21 2 21 0 38 1 0 20 5 A 36073609 1/236093618371437103708A3706A370437023700370137113714380038023804380638083810381239103912 1/2390639043902390039123910 1/23908 1/2390840004000 1/24002 A4004 B40064008 A4010 A41004102410441104110 1/241084106 1/2420042044204 1/2420642084208 1/24210 1/221 5 21 3 21 1 20 9 1 / 2 20 9 20 7 20 5 38 1 1 20 8 1 / 2 20 8 20 6 1 / 2 20 6 21 3 21 1 20 9 20 7 20 7 1 / 2 21 2 21 0 20 8 20 6 20 4 B 21 3 21 1 A 20 9 A 20 5 21 0 1 / 2 20 6 B 20 4 1 / 2 20 8 20 8 1 / 2 21 3 21 1 A 20 9 A 20 7 A 20 4 20 6 B 21 0 A 20 8 A 21 2 21 2 1 / 2 20 5 20 7 A 20 9 A 21 1 1 / 2 21 1 21 3 1 / 2 21 3 21 2 1 / 2 21 2 30 3 A 31 4 31 4 1 / 2 31 2 31 2 1 / 2 31 0 31 0 1 / 2 30 8 1 / 2 30 8 31 3 31 1 1 / 2 31 1 30 9 1 / 2 30 9 30 7 1 / 2 30 7 30 5 1 / 2 30 5 30 1 1 / 2 30 1 31 0 30 8 30 6 30 4 30 4 1 / 2 30 0 3506 1/235083510351236003600 1/2360236063608361031 2 31 0 30 8 40 0 40 2 40 4 40 6 40 8 41 0 41 2 41 4 41 4 1 / 2 41 6 50 0 50 2 50 4 50 6 50 8 51 0 51 2 41 3 41 1 41 1 1 / 2 40 9 1 / 2 40 9 40 5 40 3 1 / 2 40 3 40 1 41 6 41 4 1 / 2 41 0 41 2 40 840 6 1 / 2 40 6 40 4 40 2 38 1 2 38013801 1/238033803 1/2380939073909391139133915390139033905400140054005 1/24007 1/2400740094011401540 0 8 4000400240044008401040124012 1/240144016 1/2401640184020402240244026402840 1 7 A B 4019 3905 40 5 40 3 40 1 1 / 2 40 1 40 0 40 2 40 4 40 6 40 8 40 8 1 / 2 41 3 40 9 40 7 40 5 40 3 1 / 2 40 3 40 13916 3912390839003809 50 9 3801 50 5 50 3 50 1 38003802380638083810381238143818371437123710370837063706 1/23704370251 4 371137073717 37006362 615857565 4 53 5251494847 464544434238373635343332313029 2827232221201918 1716141312 111021 3456915 2650 5564 62 3 62 1 61 9 61 7 B 61 3 61 1 60 7 60 5 60 3 60 1 1 / 2 60 1 51 7 1 / 2 51 5 51 1 50 1 50 3 50 5 50 9 51 7 51 9 36053605 1/2360336073607 1/2351335073505 1/23505350335013413341134093409 1/23407360151 8 51 2 51 0 50 6 1 / 2 50 6 50 4 50 4 1 / 2 50 2 50 2 1 / 2 50 0 51 7 1 / 2 51 7 51 5 51 3 50 7 50 5 50 3 50 1 60 2 1 / 2 60 0 60 2 60 0 1 / 2 60 4 60 6 61 0 61 4 1 / 2 61 4617 61561260 1 60 3 60 5 50 1 50 5 50 0 50 0 1 / 2 50 2 50 4 50 4 1 / 2 50 6 50 8 51 0 51 6 1 / 2 51 6 616 1/2616 614614 1/2 612 604 602A 600A 3413 3405 34153417 3421 34113409 522522 1/2 514 1/2514 50739143914 1/24001 3939 370937073900BLDG 42 24 25 7 8 40 4139 59 6037 0 6 610 41 9 42 1 12 0 12 0 1 / 2 12 2 B 12 2 51 9 51 9 1 / 2 50 8 50 8 1 / 2 20 5 1 / 2 20 5 31 2 22 3 22 3 1 / 2 50 7 50 7 1 / 2 12412 8 1 / 2 12 8 606 1/2606 608 1/2608 11 5 1 / 2 38 0 0 11 2 A 11 2 B 20 7 A 20 7 B 12 9 1 / 2 12 9 31 3 1 / 2 330851 1 1 / 2 51 1 51 2 51 2 1 / 2 3809 1/2380911 6 11 8 51 4 A 51 4 B 41 1 381521 2 21 2 1 / 2 50 3 1 / 2 50 0 1 / 2 50 5 1 / 2 50 8 1 / 2 50 9 A 60 1 1 / 2 60 3 1 / 2 60 5 1 / 2 3606 1/2360421 0 B 20 8 B 20 6 A 20 5 1 / 2 20 7 B 20 9 B 21 3 1 / 2 21 1 B 20 9 B 20 7 B 20 5 B 4010 B4008 B4002 B4004 A21 2 1 / 2 21 0 1 / 2 12 8 21 0 20 6 A 20 4 12 4 12 7 20 9 B 21 1 B 20 8 1 / 2 20 4 A 11 2 B 12 1 12 4 B 12 2 1 / 2 30 8 1 / 23506 30 0 A 21 8 1 / 2 22 0 1 / 2 20 9 21 0 1 / 23705A11 6 B 11 4 A 41 44106421040 2 1 / 2 30 6 1 / 2 51 3 1 / 2 50 1 1 / 2 50 3 1 / 24002 1/220 4 1 / 2 30 5 1 / 2 30 7 1 / 23701 1/23711 1/23706B3708B3710 1/23714 1/220 7 1 / 2 3609B3607B3903B12 8 1 / 2 30 2 1 / 2 30 4 1 / 2 31 0 1 / 2 31 2 1 / 2 31 5 1 / 2 20 6 1 / 2 21 0 1 / 2 21 2 1 / 2 21 4 1 / 2 21 6 1 / 2 22 1 B 22 3 1 / 2 21 4 1 / 2 21 6 1 / 2 20 4 A 11 9 1 / 2 12 7 1 / 2 30 3 B 50 3 1 / 2 50 5 1 / 2 61 1 1 / 2 61 7 A 60 8 B 61 3 1 / 2 600B 602B 50 6 1 / 2 3407 1/23510A3611 1/23805361540 4 1 / 2 30 4 1 / 2 12 7 1 / 23703A11 8 1 / 2 516 1/2 500A 502 1/2 20 9 1 / 2 3608 1/212 0 1 / 2 11 9 1 / 2 12 1 B 11 6 1 / 2 12 2 B 30 2 1 / 2 30 4 1 / 2390641 5 1 / 2 41 5 50 0 B 50 0 A40034003 1/240064006 1/244003920394039023904BLDG 44 BLDG 41 BLDG 47 BLDG 50 5758 55 535456 BLDG 60 BLDG 6112 3 A 12 3 B 11 4 A 11 4 B 11 5 11 7 13 1 B 13 1 A 11 1 A 11 1 B 40 7 1 / 2 40 7 ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! ! NEWPORTISLANDCHANNEL RI V O A L T O RI V O A L T O RIALTOFINLEY AVE CHANNEL P L CLUBHOUSEAVEBA L B O A B L V D 35TH STSHORT ST43RD STSE A S H O R E D R 38TH STRI V E R A V E 36TH ST39TH ST41ST ST39TH ST40TH STBA L B O A B L V D LA K E A V E BA L B O A B L V D FI N L E Y A V E 34TH STSH O R T S T FI N L E Y A V E RI V O A L T O RI V O A L T O COAST HWY W M A R C U S A V E37TH ST34TH ST38TH ST40TH STM A R C U S A V E40TH ST37TH ST36TH ST35TH STBALBOA COVES 42ND STBALBOA COVES O C E A N F R O N T W BALBOACOVESBALBOACOVESBALBOA COVESRI V O A L T O PA R K L N RI V O A L T O BALBOA COVES RIALTORIALTOHOAG DR ChannelPlacePark 38thStreetPark NewportIslandPark LakeStreetPark NewportIsland_STLPt.mxd 0 260130 FeetI City of Newport BeachGIS DivisionNovember 10, 2020 Newport Island !Short-term Lodging Permits (18) R-2 Properties (119) Single Unit Existing (81 Total Lots) Two Units Exisiting (38 Total Lots) PA2020-326 93 INTENTIONALLY BLANK PAGE94 Attachment No. PC 8 Coastal Access and Recreation Map 3-1 95 INTENTIONALLY BLANK PAGE96 'BP- 'BP- 'BP- 'BP- 'BP- 'BP- 'BP- 'BP- 'BP- # #### ######### # # # # # # # # # #### # # # # # # # # # # # # # ## ### # ### # # # ## # # ### # # # # # # # # ## # # # # # # # # # # # # # # ## # # ## ## # # # # # # # # # # # # # # # # # # # ## ### # # # # # # L I D OW E S T L I D O C H A N N E L T U R N I N G C H A N N E L BA S I N N E W P O R T L I D OW E S T L I D O C H A N N E L T U R N I N G C H A N N E L BA S I N N E W P O R T Coastal Accessand Recreation: LEGEND 1 Miles City of Newport Beach, California (West Newport Area)N MAP3-1LCP05AccessRecWNpt.mxd Map 3-1 Local Coastal ProgramCoastal Land Use Plan (Map 1 of 3) 'BP- # Public Beach Location Public Beach Access Location Coastal Zone Boundary Lateral Access Potential Lateral AccessVertical Access Blufftop Access Potential Blufftop Access Public Beach or Park Proposed Park City Boundary City of Irvine City of Costa Mesa City of Laguna Beach Pacific Ocean Potential Access Point* July / 20093-38 97 INTENTIONALLY BLANK PAGE98 Attachment No. PC 9 Correspondence Received 99 INTENTIONALLY BLANK PAGE100 From: Lee, Amanda Sent: Monday, November 23, 2020 5:31 PM To: Murillo, Jaime Cc: Rodriguez, Clarivel Subject: FW: Owner Occupied, Ban and End New Permits on Newport Island in the Interim Attachments: Newport Island STR update November 2020.pdf From: chris@harano.com <chris@harano.com> Sent: Monday, November 23, 2020 5:24 PM To: Scott McFetters <smcfetters@coretechleasing.com> Cc: Planning Commissioners <PlanningCommissioners@newportbeachca.gov>; Mark Markos <msm619@ymail.com>; Jim Miller <newportislandjim@gmail.com>; Larry Leifer <lawrelei@gmail.com>; Michael Veal <mike@goldcoastglass.com>; Ken Keirstead <ken@eclecticfinishes.com>; Bud Reveley <budreveley@gmail.com>; Marty O'Hea <mohea@bixbyland.com>; Roger Saxton <roger@catalinacomponents.com>; citycouncil@newportbeachgov.org; Thomas Hoictan <thomas@stratcomponent.com>; Winfield Wells <winfieldwells@gmail.com>; Jeff Friedman <jfriedman@turnerfiber.com>; Joe Bowerbank <jbowerbank@profunditymarketing.com>; pennyreveley@gmail.com; drs690@gmail.com; Richard Wolpow <rwolpow@pocnettech.com>; kawrelei@gmail.com; mundocane@yahoo.com; Gary Cruz <gcruz@ushandball.org>; rlmequities@gmail.com; blueand.tv@gmail.com Subject: Re: Owner Occupied, Ban and End New Permits on Newport Island in the Interim [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Planning Commissioners, Thank you for taking the time to discuss and review the STR issues on Newport Island. STR has been a topic of discussion among community residents for the past several months. I have attached some information we shared with the City Manager this past summer including the results of our community survey. It is a brief power point but it touches on some of the major concerns we have as long term residents and home owners and hopefully gives you some perspective on how we perceive the issues. Thank you, Chris Harano On Nov 23, 2020, at 3:21 PM, Scott McFetters <smcfetters@coretechleasing.com> wrote: Dear Planning Commissioners, 101 I hope you had a great weekend! You will be receiving a lot of emails regarding our ongoing STR issues that you should be in fear if it happens in your neighborhoods. Newport Island is a very small island in the shape of a triangle with only one egress and ingress. It is the oldest Island in Newport. There are fire lanes on one side of each street and severely angled turns. There are around 90 plus single family homes and 20 plus duplexes some of which are utilized as single family homes. Until two years ago the island was almost 100 percent owner occupied or long term rentals. Most of the houses are small on lots that average about 3,000 square feet. bedrooms face the channels and hear all the noise of the STR rentals that want to stay outside all night. Most of us go to work, school, work at home or get up early. The STR’s have dictated when we go to sleep and when we wake up during the night. They have recently ruined our quality of life and the character of Newport Island. The Edwards family owned and controlled a good portion to the Newport Island until recent years. There is a park on Newport Island, underground utilities, a flashing stop sign on 38th street to cross over to the ocean, an upgraded bride. Due to the on going parking problems and safety concerns Newport Island is the only parking permitted Island in Newport and maybe the only neighborhood in Newport Beach. The biggest concerns of the Newport Island residents were organizing all the Newport Island community events and working on the storage shed solution for the park. There were very little problems on this peaceful Island until the short term rentals exploded from around to around 18 about two years ago. It has been hotel hell with STR businesses operating in our neighborhood without regard to the character, safety, quiet enjoyment, parking, noise, litter, water pollution and complete disrespect to the long term residents. The local reputable STR companies even agree that Newport Island is not a fit or the STR business due to the reasons already mentioned among others. Even some of the employee’s of the bad operators agree that is not a fit because there is not parking, some of their units only have one parking space and they allow 10 plus people to stay there including business functions with multiple different people coming in and out with over 10 cars. For example 3717 Channel was a 2 bedroom house until it became a STR. Now it is a 4 bedroom house with a bedroom in a kitchen nook and a closet. Avantstay and the owner just stuff them in but the city will not inspect because of Covid-19 even though it is obvious that the rooms and other work was probably not permitted. The lot is also 2,300 square feet and the house is listed as just over 1,500 square feet on some real estate sights or around 2,000 with the city? What is it because it impacts the character of the neighborhood when the average house has 3 or 4 people maybe but they are bringing in 10 plus visiting or other unregistered guests. The new ordinance regarding occupancy is horrible even though the though was there to help. The city is using fire code which is the MAXIMUM that should be in a building, period. If you have a 2,800 square foot house you can have 14 people stay there. The other option was based on the amount of bedrooms plus 2 but they did not want to inspect bedrooms. I have seen other cities do it by fire code or amount of bedrooms plus two whichever is less. That still will not work in our neighborhood without ruing the 102 character since the long term residents usually have less than 3 or 4 people at there houses and don’t party outside with voices and other noise carrying across the water our up to the bedrooms next door or across the channel. There is not fix or fit. STR’s do not work. Because short term rentals are new to Newport Island we don’t have the long history of repeat clients like Balboa Island, other areas on the peninsula, etc. We have the out of town newcomers such as Avantstay and Seabreeze that could care less where they put in a new STR as long as they get new clients to show growth for their investors. We are the island off last minute misfit STR’s that allow parties, business functions, multiple dogs, smoking, and anything they can do to keep it occupied. We have seen it all. Naked people, dogs running in the channel mud and grass at low tide, passed out people on the edge of rolling off into the channel, drugs, a lot of alcohol, arrests, blocked streets, blocked fire hydrants, blocked cars, blocked garages, noise and more noise, illegal businesses, prison tattooed tenants, uber drivers, STR cleaners, STR repair people, STR food deliveries, STR package deliveries, STR rental bike deliveries, STR paddle board deliveries, etc.. With not place to park so they block streets or our garages. They have had plenty of time to try to work with the neighbors but they have not. There was also no ability for Newport Beach to enforce any issues other than huge parties until recently. They keep cramming herds of people into small houses and small lots. It is so out of character for the neighborhood that is obvious which houses are STR’s. We are here to take our neighborhood back before it is to late. STR’s do not work and never will on Newport Island. It’s a complete failure. We would like a permanent ban, but owner occupied is the second best options unless you can ban any STR’s for safety purposes that any Newport Island with one egress and ingress. That would allow Balboa Island to continue if that’s what the residents support. We would also like no more permits to be issued in the interim of Coast Commissions review. We will not give up and we have the momentum with Costa Mesa, Huntington Beach, Laguna Beach, Santa Monica and cities all over the state of California and country taking the sides of their residential neighborhoods before the outside business interests in residential neighborhoods. The City made a big mistake creating this STR hell without out any type of study including traffic, noise, pollution, etc. on Newport Island. Please do the right thing and end our pain. More emails to follow. Best regards, Scott McFetters From: Scott McFetters Sent: Friday, July 24, 2020 11:05 AM To: planningcommissioners@newportbeachca.gov Cc: Mark Markos <msm619@ymail.com>; Chris Harano <chris@harano.com>; Jim Miller 103 <newportislandjim@gmail.com>; Larry Leifer <lawrelei@gmail.com>; Mike Veal <mike@goldcoastglass.com>; Ken Keirstead <ken@eclecticfinishes.com>; Bud Reveley <budreveley@gmail.com>; Marty O'Hea <mohea@bixbyland.com>; Roger Saxton <roger@catalinacomponents.com>; citycouncil@newportbeachgov.org Subject: Re: Ban Short Term Rentals on Newport Island Dear Planning Commissioners, I hope all is well. I felt for you last night. How can you vote on something that others have been working on for 2 years in the last last minute? Many of you asked about Newport Island. The Newport Island homeowners Association’s recent survey had 85% of the residents not wanting STR’s. I am resending my prior email because it covers most of the issues. The city is turning a residential neighborhood into hotel row and it does not work. 70 houses on the water an it only takes two STR’s out talking and laughing outside all night to keep houses up. Same thing at 6:00 am. The last two rentals next door were companies which bring shifts of people in and out. All the cars and constant noise. A lot of people are working out of their houses and kids our taking online school courses only to live next to a revolving door. Party, party, party... There seemed to be a lot of concern for the 6 or so neighbors on Santiago because they are going to split one large lot. Our lots are mostly 30 feet long with no high walls between them and one bad actor can impact the entire channel that they are located on. We also have the echos in the alleys. We only had 2 or 3 STR’s on the island until the last 18 months. I am sure many of the owner operator’s have repeat families. We mostly get out of town operators like Avantstay and Seabreeze with multiple families or groups or people who get one house and cheap hotel rooms. There is usually at least 3 or 4 cars per house not including their and some houses only have one spot including street parking. Why are the short term rental companies or an alliance of smaller players not obligated to provide private security like hotels. The operators around us not involved. The get a code and the pary gets to begin with no on person onboarding. The neighbors become the unpaid and overworked security. This needs to end. STR’s do not work on Newport Island and we will not allow it to become a duplex rental zone like it is across the bridge. Please look up Santa Monica’s recent STR case that is final which only allows owner occupied and it is my understanding that it gets around Coastal Commission. That is what we want on Newport Island for immediate relief of our STR hell. It will only increase the property tax intake and will not impact a vast majority of the STR business in Newport that are predominantly in areas that are mostly STR duplexes vs. single family home or R-2 that is utilized as single family like we are on Newport Island. Other 104 parts of Newport and Corona Del Mar have similar issues but not the massive disruption, character change and problems we have had in the last year. We will take any measures necessary protect our neighborhood. Please read below and call me anytime if you have questions. Best regards, Scott McFetters 714-343-1657 Begin forwarded message: From: Scott McFetters <smcfetters@coretechleasing.com> Date: July 21, 2020 at 4:22:00 PM MDT To: "planningcommissioners@newportbeachca.gov" <planningcommissioners@newportbeachca.gov> Cc: Mark Markos <msm619@ymail.com>, Larry Leifer <lawrelei@gmail.com>, Chris Harano <chris@harano.com>, Ken Keirstead <ken@eclecticfinishes.com>, Marty O'Hea <mohea@bixbyland.com>, Jeff Friedman <jfriedman@turnerfiber.com>, Richard Wolpow <rwolpow@pocnettech.com>, "mike@goldcoastglass.com" <mike@goldcoastglass.com>, Jim Miller <newportislandjim@gmail.com>, "citycouncil@newportbeachca.gov" <citycouncil@newportbeachca.gov>, "budreveley@gmail.com" <budreveley@gmail.com>, "thomas@stratcomponent.com" <thomas@stratcomponent.com>, "rlmequities@gmail.com" <rlmequities@gmail.com>, "pennyreveley@gmail.com" <pennyreveley@gmail.com>, Roger Saxton <roger@catalinacomponents.com>, "acooperz@gmail.com" <acooperz@gmail.com>, "msannaplamer@gmail.com" <msannaplamer@gmail.com>, "stacywyatt68@gmail.com" <stacywyatt68@gmail.com>, "patrickmccracken1@gmail.com" <patrickmccracken1@gmail.com> Subject: Ban Short Term Rentals on Newport Island Dear Newport Beach Planning Commission, I hope your day is going well! Short term rentals are a disaster on Newport Island and should be banned. They don't work on Newport Island period. To many people, not enough parking and we are a residential community. Not an un-supervised hotel row. As immediate relief we need owner occupied because of the mess we are in due to past incorrect zoning issues for Newport Island. Another big issue will be illegal short-term rentals. 515 36th ( No short-term rental permit ) has had six different groups stay there recently. Only two citations ( people won't answer the door for code enforcement, probably by instruction ) and the people get to stay anyway. They are not asked to leave. When will that end and what is the City of Newport Beach going to do about that? A small fine and the homeowner makes thousands and the city gets whatever the illegal short-term rental reports and we get the noise, pot smoking and the ongoing party without any punitive consequences for the owner? 105 The residents on Newport Island do not want short term rentals per my prior email to city council below. We pay taxes and want higher home values. We did not buy into this zoo the City has created it and we want the planning department to fix it. It's not to late for Newport Island and we won't let it happen. Please see below. I hope all is well. I will start off with a reminder of one weekend on Newport Island pre- Covid-19. Please see the attached pictures and prior email below. I have a lot more pictures and video of other Newport Island STR issues if anyone would like to request. Next Tuesday is a big day for Newport Island and other neighborhoods that are negatively impacted by Short Term Rental businesses that are being run out of our neighborhoods. It is a time for the Newport Beach City Council and the City of Newport Beach to take responsibility for issuing STL permits on Newport Island which is a residential Island regardless of what the current zoning states or how the STR permits are currently issued or enforced. That is another entirely connected Newport Beach planning issue. You can't run a business without policies, rules, regulations and enforcement which could include closure. There are over 100 plus homes on Newport Island and less than 30 lots listed as duplexes. Out of the less that 30 lots some are utilized as single family homes. Newport Island is a true residential Island that is different than other neighborhoods that are mostly duplexes with some single family houses. We did not have a STL problem or awareness until they showed up next door and around the Island which have two addresses. Two or three prior to over 16 in just over a year. We still have not seen the full impact because of Covid-19 regulations. I am asking for a complete STR ban on Newport Island. STR's do not work and will never work on a true small residential Island that the vast majority of residents do not want STR's. Newport Island does not have the shape, parking, space, lot size, house size, access, noise controls, regulations and enforcement to support it. The vast majority of Newport Island does not want any more disrespect, noise, dog issues, parties, crime, traffic, speeding, trespassing, fireworks, intimidation, etc. due to unacceptable increase of STR permits in the last year. The person who signs the lease. The others who stay that aren't on the lease. The others who visit during the day. The others that party at night. Unlike other surrounding areas Newport Island is still a true residential neighborhood that did not have a STR issue until last year. It can still be solved with a City Council Vote and presenting solid support to the Coastal Commission. A vast majority of the Newport Island residents do not want STR's. Especially anyone who lives next to one. There is one resident who lives and the property and has a STR permit. The other exceptions of people who want STR's on the Newport Island don't live permanently on the Island. They also have the right to voice their opinion. However, some might be the same people fighting any short term rentals that might be in their permanent neighborhood and would not want one next door if they lived on the island. SPON has a great report out on STR's. So does CDM. Newport Island's survey will be released shortly. Huntington Beach does not allow short term rentals. Laguna has very few and they are highly regulated. The trend is to get rid of them all together or regulate the hell the out of them. Wake up Newport... I have called the different departments in the City of Newport Beach and asked for 106 traffic studies or other studies that support the City issuing STR Permits on Newport Island. I have not found one yet. What I do know is a triangle is the worst possible shape to be in for an island if it needs parking spots. I am sure that is the reason that Newport Island is one, if not the only neighborhood in Newport Beach that has permitted parking because of the long known parking issues on the island. Forget, construction, City water pump trucks, maintenance workers and regular family visitors. How do the STR fit into the equation with their multiple cars, dogs, family, friends and volume of people for their summer parties? Short Term Rentals park illegally by blocking fire lanes, sidewalks, garages, alleys and the main streets causing major safety and liability issues. Let's not forget about putting 10 plus people in a 1,900 square foot house on a 2,300 lot which was a 2 bedroom converted to a 4 bedroom ( 3717 Channel, feel free to google ). One bedroom used to be a closet the other room was a dining room. The renters can't fit inside so they go outside and make all the noise outside which travels over the water or next door into our bedroom. They should have no more than 6 people in a house like that and that is pushing it. Still no Code Enforcement investigation after 6 months because they can't enter? This is the same house that has one small garage that a large truck, SUV or Van cannot fit in and there is not a driveway so they park illegally over the sidewalk for part in the red emergency vehicle zone. Not having one legitimate parking space but letting 10 plus people over? This is where Code Enforcement should be earning its money and come up with solutions to the problems they see instead of saying they can't do anything about it? Don't issue anymore STR permit's until the holes are filled. Simple. If you see a problem work on fixing it like we all have to do. How can the permanent City employees not see what's going on? One of the many things that we all agree on is that the owners, operators and renters should all be held accountable. This means getting rid of the bad owners, operators, no more STR subleases, punitive fines ( make it hurt ), kicking problem tenants out immediately, taking permits away. Any nuisance such as illegal parking and mortars should count towards revoking a permit. The owner will have to think twice if they have the space or parking to support more than 4 or 6 people in their house. We as a neighborhood are not taking it anymore and will be calling the owners and owners of the operators in the middle of the night after we call the police if their tenants keep us up for any reason. The owners should have skin in the game. If they want to rent for less than 30 days then they should have to also live on the property. I am sure that would fix most issues quickly. Since most of the STR' permits were approved in the last year very few are impacted by having to rent more than 30 days. Please do the right thing and ban Short Term Rentals from Newport Island. Please feel free to contact me anytime to discuss. I am here to assist. Best regards, Scott McFetters 714-343-1657 -----Original Message----- 107 From: Scott McFetters Sent: Monday, March 2, 2020 9:40 AM To: hmoss@nbpd.com Subject: Short Term Rentals Issues from this weekend! Specifically 3717 and 3806 Channel ( Avantstay.com) I hope everyone had a great weekend! I have attached the following pictures and police call logs from this weekend! Just and another 10 guys staying next door at 3717 Channel and another 10 of their friends staying next door at 3806 Channel is a residential neighborhood. What could go wrong? Please see all the attached pictures. This is going to become a legal issue soon if the city does not step up and protect our quality of life and our overall security. 3806 recently had all its patio furniture stolen and 3717 had a Kayak stolen. Please not that the police call log does not note specific addresses. It does not reflect all calls and it proves that the officers go out and ask people to move their cars instead of ticket. The same group of guys just kept doing it all weekend and got away with it. They said the officer let them off on Friday because it was the first night. They took full advantage the rest of the weekend with the 8 plus cars between the two houses. The 3717 does not even have a legitimate one car garage. You cannot fit a SUV in with without blocking the sidewalk. I called Friday at 4:04 PM about 3717 Channel. Truck blocking sidewalk and fire lane. Officer had them move. Called at Saturday at 8:04am Same truck blocking sidewalk and fire lane. Per the picture the truck at 3806 was parked illegally all weekend. Blocking the sidewalk and also leaving the gate blocking the sidewalk. Saturday morning the guys left their drunk friend passed out one foot from falling in the channel per the pictures. By the way my dog was barking all night because that guy was making noises outside all night. No one was home and I contacted Avantstay. Gets better. I go on a walk the dog when I get home around 10:00pm and one of the short term rental guys at 3717 was asking if I complained about noise and that they are getting a bunch of harassment for parking as his white car was parked illegally in the fire lane. He continued to tell me was to drunk to drive and was only going to move it in the driveway. I told him there is 10 of them so one of them can move it or they will get a ticket. They said there is no parking on the island so they had other cars parked at Pavillion's. They said that Avantstay gave them no special rules for the neighborhood or parking. He never moved so I called about all three cars that were parked illegally at 3717,3806 and the end of 38th. To my knowledge none were cited. However they arrested someone in front of my house and my guess is it was one of the drunk short term renters. You call can investigate that one. A picture is attached. Anyone who thinks it is an enforcement under current protocol is nuts. You should use the call log and not the actual cited complaints as your reference. It is not accurate. Everyone that comes in does the same thing. 108 I am asking that 3717 and 3806 get their permits pulled. 3806 is and ongoing party house and was mentioned about the naked woman and pot. I witnessed it along with many others including at lease 4 police cars if not 6. Let's not forget two large dogs at 3717 jumping of the dock on low tide and running all over the low tide habitat and leaving two large dog craps that are probably still floating around the channel. Some of you have already seen the pictures. I am sure it destroyed some eel grass? We haven't even discussed possible code violations that have already been brought up regarding both houses. When will that be enforced? Enough is enough. Best regards, Scott McFetters 714-343-1657 109 Short Term Rentals on Newport Island Status Discussion, Sept 2020 1 110 Newport Island has less street parking than any other R2 areas in Newport Beach •Balboa Island is a rectangle. The Peninsula/West Newport is a rectangle •They both have more alleys, more curb side and substantially more street parking than Newport Island •Newport Island is a triangle. All of the homes on the bay front on Newport Island have driveways which decrease street parking more than anywhere else in Newport Beach. The combination of R2 zoning and triangle shape make it the most impacted parking in Newport Beach. 2111 3 STRs before 2016, 16 new STRs issued since 2018 (533% increase in 2 years ) You are fundamentally changing the character of our neighborhood 3112 75% owner occupied 113 87% against STRs 114 STR Permit Violation Scrap Book 6115 Newport Island STR Summary •Most STR permits allow many more guest visitors than parking spaces allowed. Most homes on Newport Island only have two car garages. •There is virtually no street parking availability on Newport Island •Do to extremely tight parking just a few STR extra cars creates parking problems, havoc, and safety issues. Due to the transient nature of STR visitors these problems are repeated every weekend during the summer months with no solution. •STRs on Newport Island are creating safety issues for residents. 7116 From: Terri Lockhart <TLockhart@GPMCPA.com> Sent: Friday, November 20, 2020 5:25 PM To: Murillo, Jaime Subject: note (LC2020-008) [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. I can’t believe you guys. Shame on you for thinking that you own your neighbor’s houses. This is America – we have a right to own property in America. You shouldn’t think that you can make rules that limits if someone can rent out their house. If you don’t want to live in people’s vacation then you should buy your own island, you shouldn’t make stupid rules to take away the freedoms of your neighbors. Re: Short-Term Lodging on Newport Island LCP Amendment (LC2020-008) – Amendment to the Local Coastal Program Implementation Plan to update coastal zoning regulations prohibiting the issuance of new short-term lodging permits on any property located on Newport Island. Any existing short-term lodging unit located on Newport Island will be permitted to remain provided it is located on an owner- occupied parcel and managed by the owner of the owner-occupied unit within one-year of the effective date of the ordinance adopting the amendment (PA2020-326). 117 From: Lee, Amanda Sent: Monday, November 23, 2020 3:26 PM To: Murillo, Jaime Cc: Rodriguez, Clarivel Subject: FW: Owner Occupied, Ban and End New Permits on Newport Island in the Interim From: Scott McFetters <smcfetters@coretechleasing.com> Sent: Monday, November 23, 2020 3:21 PM To: Planning Commissioners <PlanningCommissioners@newportbeachca.gov> Cc: Mark Markos <msm619@ymail.com>; Chris Harano <chris@harano.com>; Jim Miller <newportislandjim@gmail.com>; Larry Leifer <lawrelei@gmail.com>; Mike Veal <mike@goldcoastglass.com>; Ken Keirstead <ken@eclecticfinishes.com>; Bud Reveley <budreveley@gmail.com>; Marty O'Hea <mohea@bixbyland.com>; Roger Saxton <roger@catalinacomponents.com>; citycouncil@newportbeachgov.org; thomas@stratcomponent.com; winfieldwells@gmail.com; Larry Leifer <lawrelei@gmail.com>; Jeff Friedman <jfriedman@turnerfiber.com>; Joe Bowerbank <jbowerbank@profunditymarketing.com>; pennyreveley@gmail.com; drs690@gmail.com; Richard Wolpow <rwolpow@pocnettech.com>; kawrelei@gmail.com; mundocane@yahoo.com; Gary Cruz <gcruz@ushandball.org>; rlmequities@gmail.com; blueand.tv@gmail.com Subject: Owner Occupied, Ban and End New Permits on Newport Island in the Interim [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Planning Commissioners, I hope you had a great weekend! You will be receiving a lot of emails regarding our ongoing STR issues that you should be in fear if it happens in your neighborhoods. Newport Island is a very small island in the shape of a triangle with only one egress and ingress. It is the oldest Island in Newport. There are fire lanes on one side of each street and severely angled turns. There are around 90 plus single family homes and 20 plus duplexes some of which are utilized as single family homes. Until two years ago the island was almost 100 percent owner occupied or long term rentals. Most of the houses are small on lots that average about 3,000 square feet. bedrooms face the channels and hear all the noise of the STR rentals that want to stay outside all night. Most of us go to work, school, work at home or get up early. The STR’s have dictated when we go to sleep and when we wake up during the night. They have recently ruined our quality of life and the character of Newport Island. The Edwards family owned and controlled a good portion to the Newport Island until recent years. There is a park on Newport Island, underground utilities, a flashing stop sign on 38th street to cross over to the ocean, an upgraded bride. Due to the on going parking problems and safety concerns Newport Island is the only parking permitted Island in Newport and maybe the only neighborhood in Newport Beach. The biggest concerns of the Newport Island residents were organizing all the Newport Island community events and working on the storage shed solution for the park. 118 There were very little problems on this peaceful Island until the short term rentals exploded from around to around 18 about two years ago. It has been hotel hell with STR businesses operating in our neighborhood without regard to the character, safety, quiet enjoyment, parking, noise, litter, water pollution and complete disrespect to the long term residents. The local reputable STR companies even agree that Newport Island is not a fit or the STR business due to the reasons already mentioned among others. Even some of the employee’s of the bad operators agree that is not a fit because there is not parking, some of their units only have one parking space and they allow 10 plus people to stay there including business functions with multiple different people coming in and out with over 10 cars. For example 3717 Channel was a 2 bedroom house until it became a STR. Now it is a 4 bedroom house with a bedroom in a kitchen nook and a closet. Avantstay and the owner just stuff them in but the city will not inspect because of Covid-19 even though it is obvious that the rooms and other work was probably not permitted. The lot is also 2,300 square feet and the house is listed as just over 1,500 square feet on some real estate sights or around 2,000 with the city? What is it because it impacts the character of the neighborhood when the average house has 3 or 4 people maybe but they are bringing in 10 plus visiting or other unregistered guests. The new ordinance regarding occupancy is horrible even though the though was there to help. The city is using fire code which is the MAXIMUM that should be in a building, period. If you have a 2,800 square foot house you can have 14 people stay there. The other option was based on the amount of bedrooms plus 2 but they did not want to inspect bedrooms. I have seen other cities do it by fire code or amount of bedrooms plus two whichever is less. That still will not work in our neighborhood without ruing the character since the long term residents usually have less than 3 or 4 people at there houses and don’t party outside with voices and other noise carrying across the water our up to the bedrooms next door or across the channel. There is not fix or fit. STR’s do not work. Because short term rentals are new to Newport Island we don’t have the long history of repeat clients like Balboa Island, other areas on the peninsula, etc. We have the out of town newcomers such as Avantstay and Seabreeze that could care less where they put in a new STR as long as they get new clients to show growth for their investors. We are the island off last minute misfit STR’s that allow parties, business functions, multiple dogs, smoking, and anything they can do to keep it occupied. We have seen it all. Naked people, dogs running in the channel mud and grass at low tide, passed out people on the edge of rolling off into the channel, drugs, a lot of alcohol, arrests, blocked streets, blocked fire hydrants, blocked cars, blocked garages, noise and more noise, illegal businesses, prison tattooed tenants, uber drivers, STR cleaners, STR repair people, STR food deliveries, STR package deliveries, STR rental bike deliveries, STR paddle board deliveries, etc.. With not place to park so they block streets or our garages. They have had plenty of time to try to work with the neighbors but they have not. There was also no ability for Newport Beach to enforce any issues other than huge parties until recently. They keep cramming herds of people into small houses and small lots. It is so out of character for the neighborhood that is obvious which houses are STR’s. We are here to take our neighborhood back before it is to late. STR’s do not work and never will on Newport Island. It’s a complete failure. We would like a permanent ban, but owner occupied is the second best options unless you can ban any STR’s for safety purposes that any Newport Island with one egress and ingress. That would allow Balboa Island to continue if 119 that’s what the residents support. We would also like no more permits to be issued in the interim of Coast Commissions review. We will not give up and we have the momentum with Costa Mesa, Huntington Beach, Laguna Beach, Santa Monica and cities all over the state of California and country taking the sides of their residential neighborhoods before the outside business interests in residential neighborhoods. The City made a big mistake creating this STR hell without out any type of study including traffic, noise, pollution, etc. on Newport Island. Please do the right thing and end our pain. More emails to follow. Best regards, Scott McFetters From: Scott McFetters Sent: Friday, July 24, 2020 11:05 AM To: planningcommissioners@newportbeachca.gov Cc: Mark Markos <msm619@ymail.com>; Chris Harano <chris@harano.com>; Jim Miller <newportislandjim@gmail.com>; Larry Leifer <lawrelei@gmail.com>; Mike Veal <mike@goldcoastglass.com>; Ken Keirstead <ken@eclecticfinishes.com>; Bud Reveley <budreveley@gmail.com>; Marty O'Hea <mohea@bixbyland.com>; Roger Saxton <roger@catalinacomponents.com>; citycouncil@newportbeachgov.org Subject: Re: Ban Short Term Rentals on Newport Island Dear Planning Commissioners, I hope all is well. I felt for you last night. How can you vote on something that others have been working on for 2 years in the last last minute? Many of you asked about Newport Island. The Newport Island homeowners Association’s recent survey had 85% of the residents not wanting STR’s. I am resending my prior email because it covers most of the issues. The city is turning a residential neighborhood into hotel row and it does not work. 70 houses on the water an it only takes two STR’s out talking and laughing outside all night to keep houses up. Same thing at 6:00 am. The last two rentals next door were companies which bring shifts of people in and out. All the cars and constant noise. A lot of people are working out of their houses and kids our taking online school courses only to live next to a revolving door. Party, party, party... There seemed to be a lot of concern for the 6 or so neighbors on Santiago because they are going to split one large lot. Our lots are mostly 30 feet long with no high walls between them and one bad actor can impact the entire channel that they are located on. We also have the echos in the alleys. We only had 2 or 3 STR’s on the island until the last 18 months. I am sure many of the owner operator’s have repeat families. We mostly get out of town operators like Avantstay and Seabreeze with multiple families or groups or people who get one house and cheap hotel 120 rooms. There is usually at least 3 or 4 cars per house not including their and some houses only have one spot including street parking. Why are the short term rental companies or an alliance of smaller players not obligated to provide private security like hotels. The operators around us not involved. The get a code and the pary gets to begin with no on person onboarding. The neighbors become the unpaid and overworked security. This needs to end. STR’s do not work on Newport Island and we will not allow it to become a duplex rental zone like it is across the bridge. Please look up Santa Monica’s recent STR case that is final which only allows owner occupied and it is my understanding that it gets around Coastal Commission. That is what we want on Newport Island for immediate relief of our STR hell. It will only increase the property tax intake and will not impact a vast majority of the STR business in Newport that are predominantly in areas that are mostly STR duplexes vs. single family home or R-2 that is utilized as single family like we are on Newport Island. Other parts of Newport and Corona Del Mar have similar issues but not the massive disruption, character change and problems we have had in the last year. We will take any measures necessary protect our neighborhood. Please read below and call me anytime if you have questions. Best regards, Scott McFetters 714-343-1657 Begin forwarded message: From: Scott McFetters <smcfetters@coretechleasing.com> Date: July 21, 2020 at 4:22:00 PM MDT To: "planningcommissioners@newportbeachca.gov" <planningcommissioners@newportbeachca.gov> Cc: Mark Markos <msm619@ymail.com>, Larry Leifer <lawrelei@gmail.com>, Chris Harano <chris@harano.com>, Ken Keirstead <ken@eclecticfinishes.com>, Marty O'Hea <mohea@bixbyland.com>, Jeff Friedman <jfriedman@turnerfiber.com>, Richard Wolpow <rwolpow@pocnettech.com>, "mike@goldcoastglass.com" <mike@goldcoastglass.com>, Jim Miller <newportislandjim@gmail.com>, "citycouncil@newportbeachca.gov" <citycouncil@newportbeachca.gov>, "budreveley@gmail.com" <budreveley@gmail.com>, "thomas@stratcomponent.com" <thomas@stratcomponent.com>, "rlmequities@gmail.com" <rlmequities@gmail.com>, "pennyreveley@gmail.com" <pennyreveley@gmail.com>, Roger Saxton <roger@catalinacomponents.com>, "acooperz@gmail.com" <acooperz@gmail.com>, "msannaplamer@gmail.com" <msannaplamer@gmail.com>, "stacywyatt68@gmail.com" <stacywyatt68@gmail.com>, "patrickmccracken1@gmail.com" <patrickmccracken1@gmail.com> Subject: Ban Short Term Rentals on Newport Island Dear Newport Beach Planning Commission, I hope your day is going well! Short term rentals are a disaster on Newport Island and should be banned. They don't work on Newport Island period. To many people, not enough parking and we are a residential community. Not an un-supervised hotel row. As immediate relief we need owner occupied 121 because of the mess we are in due to past incorrect zoning issues for Newport Island. Another big issue will be illegal short-term rentals. 515 36th ( No short-term rental permit ) has had six different groups stay there recently. Only two citations ( people won't answer the door for code enforcement, probably by instruction ) and the people get to stay anyway. They are not asked to leave. When will that end and what is the City of Newport Beach going to do about that? A small fine and the homeowner makes thousands and the city gets whatever the illegal short-term rental reports and we get the noise, pot smoking and the ongoing party without any punitive consequences for the owner? The residents on Newport Island do not want short term rentals per my prior email to city council below. We pay taxes and want higher home values. We did not buy into this zoo the City has created it and we want the planning department to fix it. It's not to late for Newport Island and we won't let it happen. Please see below. I hope all is well. I will start off with a reminder of one weekend on Newport Island pre-Covid- 19. Please see the attached pictures and prior email below. I have a lot more pictures and video of other Newport Island STR issues if anyone would like to request. Next Tuesday is a big day for Newport Island and other neighborhoods that are negatively impacted by Short Term Rental businesses that are being run out of our neighborhoods. It is a time for the Newport Beach City Council and the City of Newport Beach to take responsibility for issuing STL permits on Newport Island which is a residential Island regardless of what the current zoning states or how the STR permits are currently issued or enforced. That is another entirely connected Newport Beach planning issue. You can't run a business without policies, rules, regulations and enforcement which could include closure. There are over 100 plus homes on Newport Island and less than 30 lots listed as duplexes. Out of the less that 30 lots some are utilized as single family homes. Newport Island is a true residential Island that is different than other neighborhoods that are mostly duplexes with some single family houses. We did not have a STL problem or awareness until they showed up next door and around the Island which have two addresses. Two or three prior to over 16 in just over a year. We still have not seen the full impact because of Covid-19 regulations. I am asking for a complete STR ban on Newport Island. STR's do not work and will never work on a true small residential Island that the vast majority of residents do not want STR's. Newport Island does not have the shape, parking, space, lot size, house size, access, noise controls, regulations and enforcement to support it. The vast majority of Newport Island does not want any more disrespect, noise, dog issues, parties, crime, traffic, speeding, trespassing, fireworks, intimidation, etc. due to unacceptable increase of STR permits in the last year. The person who signs the lease. The others who stay that aren't on the lease. The others who visit during the day. The others that party at night. Unlike other surrounding areas Newport Island is still a true residential neighborhood that did not have a STR issue until last year. It can still be solved with a City Council Vote and presenting solid support to the Coastal Commission. A vast majority of the Newport Island residents do not want STR's. Especially anyone who lives next to one. There is one resident who lives and the property and has a STR permit. The other exceptions of people who want STR's on the Newport Island don't live permanently on the Island. They also have the right to voice their opinion. However, some might be the same people fighting any short term rentals that might be in their permanent neighborhood and would not want one next door if they lived on the island. 122 SPON has a great report out on STR's. So does CDM. Newport Island's survey will be released shortly. Huntington Beach does not allow short term rentals. Laguna has very few and they are highly regulated. The trend is to get rid of them all together or regulate the hell the out of them. Wake up Newport... I have called the different departments in the City of Newport Beach and asked for traffic studies or other studies that support the City issuing STR Permits on Newport Island. I have not found one yet. What I do know is a triangle is the worst possible shape to be in for an island if it needs parking spots. I am sure that is the reason that Newport Island is one, if not the only neighborhood in Newport Beach that has permitted parking because of the long known parking issues on the island. Forget, construction, City water pump trucks, maintenance workers and regular family visitors. How do the STR fit into the equation with their multiple cars, dogs, family, friends and volume of people for their summer parties? Short Term Rentals park illegally by blocking fire lanes, sidewalks, garages, alleys and the main streets causing major safety and liability issues. Let's not forget about putting 10 plus people in a 1,900 square foot house on a 2,300 lot which was a 2 bedroom converted to a 4 bedroom ( 3717 Channel, feel free to google ). One bedroom used to be a closet the other room was a dining room. The renters can't fit inside so they go outside and make all the noise outside which travels over the water or next door into our bedroom. They should have no more than 6 people in a house like that and that is pushing it. Still no Code Enforcement investigation after 6 months because they can't enter? This is the same house that has one small garage that a large truck, SUV or Van cannot fit in and there is not a driveway so they park illegally over the sidewalk for part in the red emergency vehicle zone. Not having one legitimate parking space but letting 10 plus people over? This is where Code Enforcement should be earning its money and come up with solutions to the problems they see instead of saying they can't do anything about it? Don't issue anymore STR permit's until the holes are filled. Simple. If you see a problem work on fixing it like we all have to do. How can the permanent City employees not see what's going on? One of the many things that we all agree on is that the owners, operators and renters should all be held accountable. This means getting rid of the bad owners, operators, no more STR subleases, punitive fines ( make it hurt ), kicking problem tenants out immediately, taking permits away. Any nuisance such as illegal parking and mortars should count towards revoking a permit. The owner will have to think twice if they have the space or parking to support more than 4 or 6 people in their house. We as a neighborhood are not taking it anymore and will be calling the owners and owners of the operators in the middle of the night after we call the police if their tenants keep us up for any reason. The owners should have skin in the game. If they want to rent for less than 30 days then they should have to also live on the property. I am sure that would fix most issues quickly. Since most of the STR' permits were approved in the last year very few are impacted by having to rent more than 30 days. Please do the right thing and ban Short Term Rentals from Newport Island. Please feel free to contact me anytime to discuss. I am here to assist. Best regards, Scott McFetters 714-343-1657 -----Original Message----- 123 From: Scott McFetters Sent: Monday, March 2, 2020 9:40 AM To: hmoss@nbpd.com Subject: Short Term Rentals Issues from this weekend! Specifically 3717 and 3806 Channel ( Avantstay.com) I hope everyone had a great weekend! I have attached the following pictures and police call logs from this weekend! Just and another 10 guys staying next door at 3717 Channel and another 10 of their friends staying next door at 3806 Channel is a residential neighborhood. What could go wrong? Please see all the attached pictures. This is going to become a legal issue soon if the city does not step up and protect our quality of life and our overall security. 3806 recently had all its patio furniture stolen and 3717 had a Kayak stolen. Please not that the police call log does not note specific addresses. It does not reflect all calls and it proves that the officers go out and ask people to move their cars instead of ticket. The same group of guys just kept doing it all weekend and got away with it. They said the officer let them off on Friday because it was the first night. They took full advantage the rest of the weekend with the 8 plus cars between the two houses. The 3717 does not even have a legitimate one car garage. You cannot fit a SUV in with without blocking the sidewalk. I called Friday at 4:04 PM about 3717 Channel. Truck blocking sidewalk and fire lane. Officer had them move. Called at Saturday at 8:04am Same truck blocking sidewalk and fire lane. Per the picture the truck at 3806 was parked illegally all weekend. Blocking the sidewalk and also leaving the gate blocking the sidewalk. Saturday morning the guys left their drunk friend passed out one foot from falling in the channel per the pictures. By the way my dog was barking all night because that guy was making noises outside all night. No one was home and I contacted Avantstay. Gets better. I go on a walk the dog when I get home around 10:00pm and one of the short term rental guys at 3717 was asking if I complained about noise and that they are getting a bunch of harassment for parking as his white car was parked illegally in the fire lane. He continued to tell me was to drunk to drive and was only going to move it in the driveway. I told him there is 10 of them so one of them can move it or they will get a ticket. They said there is no parking on the island so they had other cars parked at Pavillion's. They said that Avantstay gave them no special rules for the neighborhood or parking. He never moved so I called about all three cars that were parked illegally at 3717,3806 and the end of 38th. To my knowledge none were cited. However they arrested someone in front of my house and my guess is it was one of the drunk short term renters. You call can investigate that one. A picture is attached. Anyone who thinks it is an enforcement under current protocol is nuts. You should use the call log and not the actual cited complaints as your reference. It is not accurate. Everyone that comes in does the same thing. I am asking that 3717 and 3806 get their permits pulled. 3806 is and ongoing party house and was mentioned about the naked woman and pot. I witnessed it along with many others including at lease 4 police cars if not 6. 124 Let's not forget two large dogs at 3717 jumping of the dock on low tide and running all over the low tide habitat and leaving two large dog craps that are probably still floating around the channel. Some of you have already seen the pictures. I am sure it destroyed some eel grass? We haven't even discussed possible code violations that have already been brought up regarding both houses. When will that be enforced? Enough is enough. Best regards, Scott McFetters 714-343-1657 125 From: Lee, Amanda Sent: Tuesday, November 24, 2020 11:32 AM To: Murillo, Jaime Cc: Rodriguez, Clarivel Subject: FW: Meeting on 12/3/20 From: Martin O'Hea <mohea@bixbyland.com> Sent: Tuesday, November 24, 2020 11:26 AM To: Planning Commissioners <PlanningCommissioners@newportbeachca.gov> Subject: Meeting on 12/3/20 [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Planning Commission, The citizens of Newport Island anxiously await your approval of prohibiting the issuance of new short- term lodging permits on Newport Island as well as mandating that all existing permits be owner- occupied and owner-managed. It was a very trying time this past summer with the explosion of noise, partying, trash, foul language, illegal parking, etc caused by the STRs, such behavior that no homeowner in Newport Beach should have to put up with. I commend our city council for recognizing the problem and for stepping up and approving new regulations to return the neighborhood to its local citizens, not greedy out of town owners and/or their thought less vacation rental companies. It is now the planning commission’s turn to do the right thing for the citizens of Newport Island and approve the regulations already approved by the city council. Thank you, Marty O’Hea Newport Island resident 126 From:Larry Leifer To:Planning Commissioners Subject:Short Term Lodging on Newport Island Hearing 12/3/2020 Date:Tuesday, November 24, 2020 3:27:15 PM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Planning Commissioners: The residents of Newport Island need relief from the out of control situation occurring from short term rental properties. These commercial businesses situated among our otherwise quiet residential homes have changed the nature of our community. The advent of Short Term Rentals has caused daily stress on the owners and long term residents of the Island by accommodating the onslaught of short term tenants, their vehicles, move-in/move-out turnover, their visitors and their often disregard of acceptable behavior. Too many properties have been permitted as Short Term Rentals for this small, high density island which has only one ingress and egress and narrow streets that do not even allow two way passage without one car moving aside to the curb. This is further complicated by the continuing traffic mix of cleaners, repairmen, home deliveries and neighborhood visitors to our triangular shaped small island making the additional traffic load and parking competition from short term lodgers a nightmare for the residents. Essentially we have too many commercial lodging operations concentrated in a dense residential neighborhood that is, by its very nature, not planned, zoned or built for transient lodgers. Every municipality including Newport Beach has ordinances regarding the establishment of commercial lodging such as motels and hotels which specify living space, amount of parking spaces, access, safety, hours of operation and the law abiding conduct of operators and guests. In the event of violations at commercial lodgings, the mechanisms for enforcement are clearly identified and the means of enforcement established. Sadly, those regulations mandated for commercial lodging properties have been overlooked in the case of Short Term Rentals that use private homes in residential neighborhoods. Many STR owners and their agents see the promise of multiplying their income by commercializing their property and ignoring the impact on the neighborhood. The STR owner has property rights, but so do their neighbors who have chosen the Island for its quality of life and the anticipation of quietly enjoying their property. It is devastating when the transiency of STR’s intrudes to the extent that quiet enjoyment of life in your home and neighborhood is threatened. If there is no on-site ownership present there is no control of short term tenant compliance with rules and conformance with acceptable behavior. Non- resident STR owners are usually unaware or unconcerned as to the impact on the neighborhood and cannot exercise 24 hour control. City resources for code compliance or policing are simply not adequate to control disturbing or illegal transient tenant behavior particularly if it occurs at late hours. In the case of Newport Island specifically, I would like to see the City Council push for all Island STR’s being owner occupied. The presence of an owner’s on-site presence will reduce the likelihood of disturbance and disregard that has been far too common by transient lodgers who may have no inhibitions about behaving badly. It is essential for the City of Newport Beach act to ameliorate the situation by capping the allowable number of Short Term Rental properties and eliminating non-resident short term rental ownership. Therefore we urge you to vote in favor of the Short Term Lodging on Newport Island LCP Amendment on December 3, 2020 as the most effective means of addressing this issue. Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Thank you for your efforts in getting the Short Term Rental problems under control. We need to get back to a more peaceful life here without compromising the essential nature of our residential neighborhood. Sincerely, Lawrence and Susan Leifer 3706 Channel Place, Newport Island 949-290-2627 Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) From:Bud Reveley To:Planning Commissioners Cc:Chris Harano; Larry Leifer; Markof, Mark & Melissa; Scott McFetters Subject:Newport Island LCP Amendment Date:Tuesday, November 24, 2020 6:56:16 PM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. The function of the Planning Division is to promote and enhance the well-being of residents, visitors, property owners, and businesses of the City of Newport Beach. The division accomplishes its mission through programs that encourage high quality development as well as maintenance and revitalization of existing neighborhoods. The above wording of the official mission of Newport Planning Division gives me hope that we can successfully conclude all our efforts to enhance the well being of our residents as well as maintain and revitalize our neighborhood. Surely you must be aware of our resistance to the changes to our quiet enjoyment that has been forced on us by the rapid increase in STR’s on our island. In just two years their number grew from 3 to 19. That’s a huge percentage for a secluded and private community such as ours. This happened with no notice and no study of environmental impacts on our community. For the last few months after numerous meetings we and the Council have agreed to the terms and conditions you see before you. We pray that you will agree as well to the conditions put forward by these amendments. You may expect disagreements from various vested commercial interests. Many of those contesting us are not residents and are corporations who look out for their balance sheets and not families who live here and love our homes. It’s time for you to stand with us and protect our precious Newport Island. Thank you for understanding. Bud Reveley Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) From:Larry Leifer To:Bud Reveley Cc:Planning Commissioners; Chris Harano; Markof, Mark & Melissa; Scott McFetters Subject:Re: Newport Island LCP Amendment Date:Tuesday, November 24, 2020 7:52:25 PM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Very convincing words that add to our argument. Larry On Tue, Nov 24, 2020, 18:56 Bud Reveley <budreveley@gmail.com> wrote: The function of the Planning Division is to promote and enhance the well-being of residents, visitors, property owners, and businesses of the City of Newport Beach. The division accomplishes its mission through programs that encourage high quality development as well as maintenance and revitalization of existing neighborhoods. The above wording of the official mission of Newport Planning Division gives me hope that we can successfully conclude all our efforts to enhance the well being of our residents as well as maintain and revitalize our neighborhood. Surely you must be aware of our resistance to the changes to our quiet enjoyment that has been forced on us by the rapid increase in STR’s on our island. In just two years their number grew from 3 to 19. That’s a huge percentage for a secluded and private community such as ours. This happened with no notice and no study of environmental impacts on our community. For the last few months after numerous meetings we and the Council have agreed to the terms and conditions you see before you. We pray that you will agree as well to the conditions put forward by these amendments. You may expect disagreements from various vested commercial interests. Many of those contesting us are not residents and are corporations who look out for their balance sheets and not families who live here and love our homes. It’s time for you to stand with us and protect our precious Newport Island. Thank you for understanding. Bud Reveley Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) From:Richard Wolpow To:Planning Commissioners Subject:Short Term Lodging on Newport Island Hearing 12/3/2020 Date:Wednesday, November 25, 2020 8:24:59 AM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Planning Commissioners: Short term rentals introduce a commercial element that lacks acceptance byneighbors and is equivalent to creating mini motel lodging but without thepresence of management to oversee the short term occupants. This is not inline with the residential community environment that supports why mostresidents choose to live here. Additionally, the city has proven it cannot or willnot enforce current regulations which could have eased the burden of Islandresidence. Newport Island is a very compact, limited bridge-access island that is acompletely residential neighborhood that is predominantly owner occupied.The impact of short term lodging permitting has been a nightmare and hasproven to be incompatible to what our residents should have to tolerate. I am aware you have been provided with more than enough data needed tounderstand the dire situation here. Your actions are causing havoc betweenneighbors, impacting property values and are just wrong for our little compactand very tight community. I implore you to do the right thing, as I can insureyou, our actions will not stop until you have. Please take our concerns to heart Kindly Richard A. Wolpow 408 40th Street (27 year resident) -- Richard A. Wolpow Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) From:Larry Leifer To:Richard Wolpow Cc:Planning Commissioners Subject:Re: Short Term Lodging on Newport Island Hearing 12/3/2020 Date:Wednesday, November 25, 2020 9:26:36 AM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Very well said. On Wed, Nov 25, 2020, 08:24 Richard Wolpow <rwolpow@pocnettech.com> wrote: Dear Planning Commissioners: Short term rentals introduce a commercial element that lacks acceptance byneighbors and is equivalent to creating mini motel lodging but without thepresence of management to oversee the short term occupants. This is not inline with the residential community environment that supports why mostresidents choose to live here. Additionally, the city has proven it cannot orwill not enforce current regulations which could have eased the burden ofIsland residence. Newport Island is a very compact, limited bridge-access island that is acompletely residential neighborhood that is predominantly owner occupied.The impact of short term lodging permitting has been a nightmare and hasproven to be incompatible to what our residents should have to tolerate. I am aware you have been provided with more than enough data needed tounderstand the dire situation here. Your actions are causing havoc betweenneighbors, impacting property values and are just wrong for our little compactand very tight community. I implore you to do the right thing, as I can insureyou, our actions will not stop until you have. Please take our concerns to heart Kindly Richard A. Wolpow 408 40th Street (27 year resident) -- Richard A. Wolpow Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) From:Kim DiGiovanni To:Murillo, Jaime; Planning Commissioners Subject:Short Term Lodging on Newport Island LCP Amendment Date:Wednesday, November 25, 2020 9:37:53 AM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Jaime Murillo and Planning Commissioners Can you please send me a copy of the proposed amendment to the Local Coastal Program Implementation Plan? Thank you, Kim DiGiovanni Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) From:Bud Reveley To:Richard Wolpow Cc:Planning Commissioners Subject:Re: Short Term Lodging on Newport Island Hearing 12/3/2020 Date:Wednesday, November 25, 2020 9:43:55 AM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Well said! We need to keep pounding until they get tired of hearing from us. On Wed, Nov 25, 2020 at 8:24 AM Richard Wolpow <rwolpow@pocnettech.com> wrote: Dear Planning Commissioners: Short term rentals introduce a commercial element that lacks acceptance byneighbors and is equivalent to creating mini motel lodging but without thepresence of management to oversee the short term occupants. This is not inline with the residential community environment that supports why mostresidents choose to live here. Additionally, the city has proven it cannot orwill not enforce current regulations which could have eased the burden ofIsland residence. Newport Island is a very compact, limited bridge-access island that is acompletely residential neighborhood that is predominantly owner occupied.The impact of short term lodging permitting has been a nightmare and hasproven to be incompatible to what our residents should have to tolerate. I am aware you have been provided with more than enough data needed tounderstand the dire situation here. Your actions are causing havoc betweenneighbors, impacting property values and are just wrong for our little compactand very tight community. I implore you to do the right thing, as I can insureyou, our actions will not stop until you have. Please take our concerns to heart Kindly Richard A. Wolpow 408 40th Street (27 year resident) -- Richard A. Wolpow Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) From: To: Cc: Subject: Date: Attachments: Scott McFetters Planning Commissioners Mark Markos; Chris Harano; budreveley@gmail.com; Jim Miller Prior Newport Island City Council Email Wednesday, November 25, 2020 12:42:45 PM IMG_7924.PNG [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Planning Commissioners, Please review the following and attached. Best regards, Scott McFetters -----Original Message----- From: Scott McFetters Sent: Friday, June 19, 2020 2:23 PM To: citycouncil@newportbeachca.gov Subject: FW: Ban Short Term Rentals on Newport Island this Tuesday ( Please also see prior email and pictures from one weekend ) Dear Honorable City Council, City Manager and City Staff, I hope all is well. I will start off with a reminder of one weekend on Newport Island pre-Covid-19. Please see the attached pictures and prior email below. I have a lot more pictures and video of other Newport Island STR issues if anyone would like to request. Next Tuesday is a big day for Newport Island and other neighborhoods that are negatively impacted by Short Term Rental businesses that are being run out of our neighborhoods. It is a time for the Newport Beach City Council and the City of Newport Beach to take responsibility for issuing STL permits on Newport Island which is a residential Island regardless of what the current zoning states or how the STR permits are currently issued or enforced. That is another entirely connected Newport Beach planning issue. You can't run a business without policies, rules, regulations and enforcement which could include closure. There are over 100 plus homes on Newport Island and Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) less than 30 lots listed as duplexes. Out of the less that 30 lots some are utilized as single family homes. Newport Island is a true residential Island that is different than other neighborhoods that are mostly duplexes with some single family houses. We did not have a STL problem or awareness until they showed up next door and around the Island which have two addresses. Two or three prior to over 16 in just over a year. We still have not seen the full impact because of Covid-19 regulations. I am asking for a complete STR ban on Newport Island. STR's do not work and will never work on a true small residential Island that the vast majority of residents do not want STR's. Newport Island does not have the shape, parking, space, lot size, house size, access, noise controls, regulations and enforcement to support it. The vast majority of Newport Island does not want any more disrespect, noise, dog issues, parties, crime, traffic, speeding, trespassing, fireworks, intimidation, etc. due to unacceptable increase of STR permits in the last year. The person who signs the lease. The others who stay that aren't on the lease. The others who visit during the day. The others that party at night. Unlike other surrounding areas Newport Island is still a true residential neighborhood that did not have a STR issue until last year. It can still be solved with a City Council Vote and presenting solid support to the Coastal Commission. A vast majority of the Newport Island residents do not want STR's. Especially anyone who lives next to one. There is one resident who lives and the property and has a STR permit. The other exceptions of people who want STR's on the Newport Island don't live permanently on the Island. They also have the right to voice their opinion. However, some might be the same people fighting any short term rentals that might be in their permanent neighborhood and would not want one next door if they lived on the island. SPON has a great report out on STR's. So does CDM. Newport Island's survey will be released shortly. Huntington Beach does not allow short term rentals. Laguna has very few and they are highly regulated. The trend is to get rid of them all together or regulate the hell the out of them. Wake up Newport... I have called the different departments in the City of Newport Beach and asked for traffic studies or other studies that support the City issuing STR Permits on Newport Island. I have not found one yet. What I do know is a triangle is the worst possible shape to be in for an island if it needs parking spots. I am sure that is the reason that Newport Island is one, if not the only neighborhood in Newport Beach that has permitted parking because of the long known parking issues on the island. Forget, construction, City water pump trucks, maintenance workers and regular family visitors. How do the STR fit into the equation with their multiple cars, dogs, family, friends and volume of people for their summer parties? Short Term Rentals park illegally by blocking fire lanes, sidewalks, garages, alleys and the main streets causing major safety and liability issues. Let's not forget about putting 10 plus people in a 1,900 square foot house on a 2,300 lot which was a 2 bedroom converted to a 4 bedroom ( 3717 Channel, feel free to google ). One bedroom used to be a closet the other room was a dining room. The renters can't fit inside so they go outside and make all the noise outside which travels over the water or next door into our bedroom. They should have no more than 6 people in a house like that and that is pushing it. Still no Code Enforcement investigation after 6 months because they can't enter? This is the same house that has one small garage that a large truck, SUV or Van cannot fit in and there is not a driveway so they park illegally over the sidewalk for part in the red emergency vehicle zone. Not having one legitimate parking space but letting 10 plus people over? This is where Code Enforcement should be earning its money and come up with solutions to the problems they see instead of saying they can't do anything about it? Don't issue anymore STR permit's until the holes are filled. Simple. If you see a problem work on fixing it like we all have to do. How can the permanent City employees not see what's going on? One of the many things that we all agree on is that the owners, operators and renters should all be held accountable. This means getting rid of the bad owners, operators, no more STR subleases, punitive fines ( make it hurt ), kicking problem tenants out immediately, taking permits away. Any nuisance such as illegal parking and mortars should count towards revoking a permit. The owner will have to think twice if they have the space or parking to support more than 4 or 6 people in their house. We as a neighborhood are not taking it anymore and will be calling the owners and owners of the operators in the middle of the night after we call the police if their tenants keep us up for any reason. The owners should have skin in the game. If they want to rent for less than 30 days then they should have to also live on the property. I am sure that would fix most issues quickly. Since most of the STR' permits were approved in the last year very few are impacted by having to rent more than 30 days. Please do the right thing and ban Short Term Rentals from Newport Island. Please feel free to contact me anytime to discuss. I am here to assist. Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Best regards, Scott McFetters 714-343-1657 -----Original Message----- From: Scott McFetters Sent: Monday, March 2, 2020 9:40 AM To: hmoss@nbpd.com Subject: Short Term Rentals Issues from this weekend! Specifically 3717 and 3806 Channel ( Avantstay.com) I hope everyone had a great weekend! I have attached the following pictures and police call logs from this weekend! Just and another 10 guys staying next door at 3717 Channel and another 10 of their friends staying next door at 3806 Channel is a residential neighborhood. What could go wrong? Please see all the attached pictures. This is going to become a legal issue soon if the city does not step up and protect our quality of life and our overall security. 3806 recently had all its patio furniture stolen and 3717 had a Kayak stolen. Please not that the police call log does not note specific addresses. It does not reflect all calls and it proves that the officers go out and ask people to move their cars instead of ticket. The same group of guys just kept doing it all weekend and got away with it. They said the officer let them off on Friday because it was the first night. They took full advantage the rest of the weekend with the 8 plus cars between the two houses. The 3717 does not even have a legitimate one car garage. You cannot fit a SUV in with without blocking the sidewalk. I called Friday at 4:04 PM about 3717 Channel. Truck blocking sidewalk and fire lane. Officer had them move. Called at Saturday at 8:04am Same truck blocking sidewalk and fire lane. Per the picture the truck at 3806 was parked illegally all weekend. Blocking the sidewalk and also leaving the gate blocking the sidewalk. Saturday morning the guys left their drunk friend passed out one foot from falling in the channel per the pictures. By the way my dog was barking all night because that guy was making noises outside all night. No one was home and I contacted Avantstay. Gets better. I go on a walk the dog when I get home around 10:00pm and one of the short term rental guys at 3717 was asking if I complained about noise and that they are getting a bunch of harassment for parking as his white car was parked illegally in the fire lane. He continued to tell me was to drunk to drive and was only going to move it in the driveway. I told him there is 10 of them so one of them can move it or they will get a ticket. They said there is no parking on the island so they had other cars parked at Pavillion's. They said that Avantstay gave them no special rules for the neighborhood or parking. He never moved so I called about all three cars that were parked illegally at 3717,3806 and the end of 38th. To my knowledge none were cited. However they arrested someone in front of my house and my guess is it was one of the drunk short term renters. You call can investigate that one. A picture is attached. Anyone who thinks it is an enforcement under current protocol is nuts. You should use the call log and not the actual cited complaints as your reference. It is not accurate. Everyone that comes in does the same thing. I am asking that 3717 and 3806 get their permits pulled. 3806 is and ongoing party house and was mentioned about the naked woman and pot. I witnessed it along with many others including at lease 4 police cars if not 6. Let's not forget two large dogs at 3717 jumping of the dock on low tide and running all over the low tide habitat and leaving two large dog craps that are probably still floating around the channel. Some of you have already seen the pictures. I am sure it destroyed some eel grass? We haven't even discussed possible code violations that have already been brought up regarding both houses. When will that be enforced? Enough is enough. Best regards, Scott McFretters 714-343-1657 Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) From:Scott McFetters To:Planning Commissioners Cc:Mark Markos; budreveley@gmail.com; Chris Harano Subject:More Newport Island City Council Emails Date:Wednesday, November 25, 2020 12:44:45 PM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Planning Commissioners, Please review the following emails. Best regards, Scott McFetters From: Scott McFetters Sent: Wednesday, August 26, 2020 7:42 PM To: citycouncil@newportbeachca.gov Subject: Fwd: 3711, 3717 and 3806 Channel Place Honorable City Council, Please see the thread below regarding the post new ordinance Newport Island issues. In particular Roger Saxton’s email. Best regards, Scott 714-343-1657 Begin forwarded message: From: Scott McFetters <smcfetters@coretechleasing.com> Date: August 26, 2020 at 6:10:15 PM PDT To: Roger Saxton <roger@catalinacomponents.com> Cc: "Murray, John" <jmurray@newportbeachca.gov>, "mike@goldcoastglass.com" <mike@goldcoastglass.com>, "winfieldwells@gmail.com" <winfieldwells@gmail.com>, "Dixon, Diane" <ddixon@newportbeachca.gov>, "Brenner, Joy" <JBrenner@newportbeachca.gov>, "thomas@stratcomponent.com" <thomas@stratcomponent.com>, Mark Markos <msm619@ymail.com>, Chris Harano <chris@harano.com>, Jim Miller <newportislandjim@gmail.com> Subject: Re:  3711 Channel Place  Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) New renters at the Avantstay sub lease 3717 Channel. Will the owner be cited? This is the 4th or 5th rental since the sub lease ordinance went into effect. It is also at least day 10 of their trash cans being left on the sidewalk. On Aug 26, 2020, at 8:39 AM, Scott McFetters <smcfetters@coretechleasing.com> wrote:  Roger, I agree 200% ! The city is pushing us to have to protect our Island through legal means just to protect a few permitted out of town businesses that operate in our residential neighborhood. Scott On Aug 26, 2020, at 8:15 AM, Roger Saxton <roger@catalinacomponents.com> wrote:  Hello John, I can speak to 3806 and Advanstay could not care less about breaking violations and I doubt that they are viewing the sub leasing ordinances as an easy work around. They are inflicting a way of life in our neighborhood that none of us asked for and frankly should not be subjected to. The STRs have ballooned and we can’t accommodate them in a harmonious way. We are trying our best to keep handling this by the rules but it is a lousy result when Advanstay has no intentions of doing so. The last renters had no less than 15 people there and were very loud. Not their fault as renters, they rented it as the party house Advanstay promotes. I had kids screaming at/for their parents as they clung to my dock 2 houses away. This went on the better part of their stay. I will reiterate that the liability that this poses, far out weighs any revenue the city might get. Twice this week I was blocked from driving down channel. I have a son living here with severe peanut allergies. He has been rushed to the hospital more than once in anaphylactic shock. His throat 90%+ closed by the time we make it up the hill to Hoag. If I am driving in reverse down Channel to get a clear path to Hoag due to renters disregarding our neighborhoods, there will be hell to catch. More over, if he were harmed by this, it will become a massive issue that I will tell you is 100% avoidable. Please help us keep this civil with respect to the people who LIVE here. Best Regards, Roger Saxton Catalina Components Inc. Phone 949 375 6111 Fax 480 377 0436 The information in this email and attachments hereto may contain legally privileged, proprietary or confidential information that is intended for a particular recipient. If you are not the intended recipient(s), or the employee or agent responsible for delivery of this message to the intended Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) recipient(s),you are hereby notified that any disclosure, copying, distribution, retention or use of the contents of this e-mail information is prohibited and may be unlawful. When addressed to Catalina Components Inc. customers or vendors, any information contained in this e-mail is subject to the terms and conditions in the governing contract, if applicable. If you have received this communication in error, please immediately notify us by return e-mail, permanently delete any electronic copies of this communication and destroy any paper copies. On Aug 26, 2020, at 8:04 AM, Scott McFetters <smcfetters@coretechleasing.com> wrote: John, If they are staying involved then I hope the owners are being cited for all of the ordinance sub-lease, parking violations so that the bad actors like 3717 and 3806 Channel get the permits suspended and pulled. How many infractions do both properties have now under the new ordinance. They are terrible. Can you explain how that is going to work? Per their website ( www.avantstay.com ) they are not Property Managers they lease houses long term. Best regards, Scott McFetters President <image003.jpg> 20411 SW Birch Street, Suite 300 Newport Beach, CA 92660 949-723-2305: Direct 866-758-2673: Office Phone Ext. 204 714-343-1657: Cell Phone www.coretechleasing.com Follow Us! <image005.png> <image009.png> P Please consider the environment before printing this e-mail NOTICE: This email is intended solely for the use of the individual to whom it is addressed and may contain information that is privileged, confidential or otherwise exempt from Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) disclosure. If the reader of this email is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the listed email address. Thank You. From: Murray, John <jmurray@newportbeachca.gov> Sent: Wednesday, August 26, 2020 7:54 AM To: Scott McFetters <smcfetters@coretechleasing.com> Subject: RE: 3711 Channel Place Scott, We spoke with Avantstay this week and they are working with their homeowners to cancel their leases. In many cases they will remain involved as the property manager for the short term rental. Thank you, <image011.jpg>JOHN MURRAY Community Development Department Code Enforcement Officer II jmurray@newportbeachca.gov 949-270-8137 From: Scott McFetters <smcfetters@coretechleasing.com> Sent: Tuesday, August 25, 2020 3:33 PM To: Murray, John <jmurray@newportbeachca.gov> Cc: Hernandez, Joshua <JHernandez@newportbeachca.gov>; Mike Veal <mike@goldcoastglass.com>; winfieldwells@gmail.com Subject: Fwd: 3711 Channel Place [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. John, I hope all is well! Please see below from Heidi. They just cleaned 3717 so we should have the 4th Avantstay sub-lease group violation arriving soon since the ordinance went into effect. Are they ignoring your calls and letters? Please let me know how we can assist. Best regards, Scott Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) 714-343-1657 Begin forwarded message: From: "Moss, Heidi" <HMoss@nbpd.org> Date: August 25, 2020 at 3:26:10 PM PDT To: Scott McFetters <smcfetters@coretechleasing.com>, Mike Veal <mike@goldcoastglass.com> Subject: RE: 3711 Channel Place  Hello Mr. McFetters, I don’t work on Fridays so I’m glad that someone called dispatch about this vehicle. The vehicle was cited and the owner was advised that they cannot park there. Heidi Moss Parking Control Supervisor/Traffic Division Newport Beach Police Department ( 949.644.3741 | 7 949.644.3749 | * hmoss@nbpd.org From: Scott McFetters <smcfetters@coretechleasing.com> Sent: Friday, August 21, 2020 6:18 AM To: Moss, Heidi <HMoss@nbpd.org>; Mike Veal <mike@goldcoastglass.com> Subject: Fwd: 3711 Channel Place Warning, External email: The content or attachments contained in this message may be harmful. DO NOT CLICK links or attachments if you do not recognize the sender. Heidi, I hope all os well: 3711 is a short term rental. Can the citing officer please note the str and address. Thank you, Scott Begin forwarded message: From: Mike Veal <mike@goldcoastglass.com> Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Date: August 21, 2020 at 6:10:20 AM PDT To: Joshua Hernandez <JHernandez@newportbeachca.gov>, Seimone Jurjis <sjurjis@newportbeachca.gov> Cc: Scott McFetters <smcfetters@coretechleasing.com> Subject: 3711 Channel Place  mike veal from 3714 channel. car here all night, these photos depict a problem with this unit that has no parking. the entire south side is no parking. RED CURB. if this is allowed not one car can park LEGALLY on the north anywhere near this vehicle. ingress and egress on the entire street is now blocked due to 1 car! makes no sense and needs to be addressed to the owner. thanks mike veal. 714-231-0104 <image012.jpg><image013.jpg><image014.jpg> Sent from my iPhone Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) From:Scott McFetters To:Planning Commissioners Cc:Mark Markos; budreveley@gmail.com; Chris Harano Subject:Prior City Council Emails and attachments regarding Newport Island Date:Wednesday, November 25, 2020 12:52:43 PM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Planning Commissioners, Please review the following emails and attachments. Best regards, Scott McFetters -----Original Message----- From: Scott McFetters Sent: Monday, April 27, 2020 10:43 AM To: newportislandjim@gmail.com Subject: FW: Newport Island Parking and Short Term Rentals and Coronavirus ( COVID-19 ) Update -----Original Message----- From: Scott McFetters Sent: Monday, March 16, 2020 1:44 PM To: 'Navarrete, Monique' <MNavarrete@newportbeachca.gov> Cc: 'Muldoon, Kevin' <kmuldoon@newportbeachca.gov>; 'Dixon, Diane' <ddixon@newportbeachca.gov>; 'Duffield, Duffy' <dduffield@newportbeachca.gov>; 'O'Neill, William' <woneill@newportbeachca.gov>; 'Contino, Brian' <BContino@newportbeachca.gov>; 'Jurjis, Seimone' <sjurjis@newportbeachca.gov>; 'Rieff, Kim' <KRieff@newportbeachca.gov>; 'Tseng, Evelyn' <ETseng@newportbeachca.gov>; 'msm619@ymail.com' <msm619@ymail.com>; 'hmoss@nbpd.com' <hmoss@nbpd.com>; 'Chris Harano' <chris@harano.com>; 'mike@goldcoastglass.com' <mike@goldcoastglass.com>; 'Cartwright, Joseph' <JCartwright@nbpd.org>; 'Stafford, Jonathan' <jstafford@nbpd.org>; 'joy@newportbeachca.gov' <joy@newportbeachca.gov>; 'Matusiewicz, Dan' <DMatusiewicz@newportbeachca.gov>; 'Herdman, Jeff' <jherdman@newportbeachca.gov>; 'roger@catalinacomponents.com' <roger@catalinacomponents.com>; 'ken@eclecticfinishes.com' <ken@eclecticfinishes.com>; Moss, Heidi <HMoss@nbpd.org> Subject: Newport Island Parking and Short Term Rentals and Coronavirus ( COVID-19 ) Update Monique, I hope all is well! I wanted to update you with the continued illegal parking issues ( this has been a problem with at least 90 percent plus of the short term renters at both locations ) at 3717 and 3707 Channel. Please see the attached pictures. Another huge concern for the Newport Island residents and the City of Newport Beach is the high density of residents and the amount of City permitted short term rentals on Newport Island regarding the Coronavirus ( COVID-19 ). The issue is a concern for the entire island but more specially the area of Channel and 38th were there are elderly residents and a high density of City approved and permitted short term rentals. Please see the picture regarding the cluster of short term rentals. Many of the short term renters are from out of the country, out of state or area. Who knows what they have been exposed to. They also import large groups of 10, 15 or more depending on how many additional quests. There is a fluid, transient flow of a lot of new people on a daily, weekly and somewhere in between basis. This was a quiet neighborhood prior to the City providing 15 new permits in the last Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) year in excess of the existing 3 in a residential neighborhood. Does the city have a plan how to address City permitted short term rentals regarding Coronavirus ( COVID-19 ) for the entire city let alone Newport Island? Please let me know how I can assist. Best regards, Scott McFetters 714-343-1657 -----Original Message----- From: Scott McFetters Sent: Tuesday, March 10, 2020 3:51 PM To: Navarrete, Monique <MNavarrete@newportbeachca.gov> Cc: Muldoon, Kevin <kmuldoon@newportbeachca.gov>; Dixon, Diane <ddixon@newportbeachca.gov>; Duffield, Duffy <dduffield@newportbeachca.gov>; O'Neill, William <woneill@newportbeachca.gov>; Contino, Brian <BContino@newportbeachca.gov>; Jurjis, Seimone <sjurjis@newportbeachca.gov>; Rieff, Kim <KRieff@newportbeachca.gov>; Tseng, Evelyn <ETseng@newportbeachca.gov>; msm619@ymail.com; hmoss@nbpd.com; Chris Harano <chris@harano.com>; mike@goldcoastglass.com; Cartwright, Joseph <JCartwright@nbpd.org>; Stafford, Jonathan <jstafford@nbpd.org>; joy@newportbeachca.gov; Matusiewicz, Dan <DMatusiewicz@newportbeachca.gov>; Herdman, Jeff <jherdman@newportbeachca.gov>; roger@catalinacomponents.com; ken@eclecticfinishes.com Subject: Newport Island Nuisance, Safety, Zoning, Parking and Noise Update Monique, I hope all is well! I know I have been quiet but that only because I have been in Utah:) Same problems on Newport Island just have not been around to report. Can I please get an update on the issues listed below including but not limited to the following: Coastal commission short term rental ban on Newport Island. What is the next step? City Permitting issues ( 3717 Channel amount of bedrooms permitted, water heater shack on side of house, no fence on the channel to project kids or drunks from falling in the water, parking shed should not be a valid space. cannot fit the Suv's or vans that rent, 3806 gate that blocks the sidewalk with 3717 and 3809 Avantstay.com properties. Have the house or houses been inspected per the prior evidence provided? Short term rental permitting issues with 3717 and 3806 Channel. Noise and arrest complaints on both properties. Also including the recent arrest a couple Saturdays ago Police enforcement. Are they patrolling after parking enforcement goes home after 5:00pm and after 10:00PM for noise and parking Thursday until Saturday night until it gets under control. I don't think it will ever get fixed with new renters coming in all the time unless the owner and property managers are held liable for parking per the new proposed rules. Replace No Parking at Any time Signs with Tow Away so that the residents don't need to get involved. If someone is parked in a fire land or blocking it tow it. The ongoing influx of short term rentals are the only violators. Can the city make the parking over sidewalks more punitive. That’s enough until more pictures and videos show any new nuisance, safety, zoning. Parking or noise issues. Thank you again for your time and support! The residents on Newport Island and myself really appreciate it. Please let me know how I can assist at any time. Best regards, Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Scott McFetters 714-343-1657 -----Original Message----- From: Scott McFetters Sent: Wednesday, March 4, 2020 2:41 PM To: Navarrete, Monique <MNavarrete@newportbeachca.gov> Cc: Muldoon, Kevin <kmuldoon@newportbeachca.gov>; Dixon, Diane <ddixon@newportbeachca.gov>; Duffield, Duffy <dduffield@newportbeachca.gov>; O'Neill, William <woneill@newportbeachca.gov>; Contino, Brian <BContino@newportbeachca.gov>; Jurjis, Seimone <sjurjis@newportbeachca.gov>; Rieff, Kim <KRieff@newportbeachca.gov>; Tseng, Evelyn <ETseng@newportbeachca.gov>; msm619@ymail.com; hmoss@nbpd.com; Chris Harano <chris@harano.com>; mike@goldcoastglass.com; Cartwright, Joseph <JCartwright@nbpd.org>; Stafford, Jonathan <jstafford@nbpd.org>; joy@newportbeachca.gov; Matusiewicz, Dan <DMatusiewicz@newportbeachca.gov>; Herdman, Jeff <jherdman@newportbeachca.gov> Subject: RE: 3717 and 3606 Evidence Monique, Thank you for the update. It is always a pleasure working with you. I would be more than glad to give anyone from the city a tour of the island on a Friday or Saturday night or a Saturday or Sunday morning. That would give everyone a great prospective. Hearing the noise from outside your bedroom at night by your favorite 15 people talking over water from out of town at 2:00 AM is always a pleasure: ) Just hope that you don't have a stroke or another medical condition when the short term renters decide they are going to park in the fire lane because they have 6 or more cars with only one parking spot as almost all do and you can't get medical attention in time. I am sure there will be resolution to all the problems by correcting the zoning and safety issues, enforcement of building codes, permits and consistent prober enforcement of the nuisance and parking laws by the police. Which includes citations vs. ongoing warnings. Call in complaints need to count vs. citations. 35 total short term rental complaints for the year would be the toll from 3717 alone. Island residents looking at also implementing CC&R's Here is a brief summary of the issues we have been discussing but not all. End short term rentals on Newport Island for multiple reasons including safety, density, nuisance, parking, zoning, crime, harassment, destruction of coastal eco system, quality of life, etc. Consistent enforcement without the neighbors having to call police only to see officers let people move without citations. This goes for parties and parking at short term rentals. Replace No Parking at Anytime Signs with Tow Away so that the residents don't need to get involved. If someone is parked in a fire land or blocking it tow it. The ongoing influx of short term rentals are the only violators. Can the city make the parking over sidewalks more punitive. Enforce and get rid of the bad management companies such as AvantStay.com ( 3717 and 3806 Channel ) who are out of town operators that only care about money. Adding bedrooms and advertising 13 people for a permitted 10 person house based upon a 4 bedroom vs. 2 bedroom 1900 square foot house on a 2400 square foot lot. Please look at their website. They go after parties and retreats. That what they bringing on the island like last weekend and many other times. Investigate short term rental 3717 Channel for any permit and code violations. Evidence of a two bedroom house that converted a closet and dining room into a bedroom, water heater located outside and only one parking spot in which a van or SUV cannot fit without blocking the sidewalk. Also not sure how it can be legal not to have wall to prevent people from falling into the channel. You saw the dog pictures, the person passed out on the ledge and kids in the back. Pictures already provided. It is only a matter of time before something happens. 3806 has a driveway gate that is open every weekend which blocks the sidewalk and the short term renters park over the side walk with the gates open. Pictures already provided. Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) 3707 is a short term rental that has one parking space for both the long term rental and short term rental. Almost every night a car illegally parks across the sidewalk and into the No Parking Fire Lane. There are many other short term rental issues with other neighbors which will be added shortly but this is a great start. Thank you and again an please let me know how I can assist. Best regards, Scott 714-343-1657 -----Original Message----- From: Navarrete, Monique <MNavarrete@newportbeachca.gov> Sent: Wednesday, March 4, 2020 10:27 AM To: Scott McFetters <smcfetters@coretechleasing.com> Cc: Muldoon, Kevin <kmuldoon@newportbeachca.gov>; Dixon, Diane <ddixon@newportbeachca.gov>; Duffield, Duffy <dduffield@newportbeachca.gov>; O'Neill, William <woneill@newportbeachca.gov>; Contino, Brian <BContino@newportbeachca.gov>; Jurjis, Seimone <sjurjis@newportbeachca.gov>; Rieff, Kim <KRieff@newportbeachca.gov>; Tseng, Evelyn <ETseng@newportbeachca.gov>; msm619@ymail.com; hmoss@nbpd.com; Walter Adams (wadams8624@aol.com) <wadams8624@aol.com>; Chris Harano <chris@harano.com>; mike@goldcoastglass.com; Cartwright, Joseph <JCartwright@nbpd.org>; Stafford, Jonathan <jstafford@nbpd.org>; Matusiewicz, Dan <DMatusiewicz@newportbeachca.gov> Subject: RE: 3717 and 3606 Evidence Good morning Scott, Unfortunately, due to the issues with your neighborhood you and I are having more and more conversations, but it is always a pleasure speaking with you. As we discussed, I will liaise with our internal departments to strategize on working on your concerns and the nuisances. Documenting the violations continues to be important, therefore please be sure to continue to call the Newport Beach Police Department non-emergency contact number at 949-644- 3681 should there be any disturbance or parking violations. Monique Navarrete City of Newport Beach License Supervisor 949-644-3148 -----Original Message----- From: Scott McFetters <smcfetters@coretechleasing.com> Sent: Monday, March 02, 2020 2:29 PM To: Muldoon, Kevin <kmuldoon@newportbeachca.gov>; Dixon, Diane <ddixon@newportbeachca.gov>; Duffield, Duffy <dduffield@newportbeachca.gov>; O'Neill, William <woneill@newportbeachca.gov>; Navarrete, Monique <MNavarrete@newportbeachca.gov>; Contino, Brian <BContino@newportbeachca.gov>; Jurjis, Seimone <sjurjis@newportbeachca.gov>; Rieff, Kim <KRieff@newportbeachca.gov>; Tseng, Evelyn <ETseng@newportbeachca.gov>; msm619@ymail.com; hmoss@nbpd.com; Walter Adams (wadams8624@aol.com) <wadams8624@aol.com>; Chris Harano <chris@harano.com>; mike@goldcoastglass.com Subject: 3717 and 3606 Evidence [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) I hope all is well. Please see a sample of more evidence. No videos were included but they really tell the story and I can provide at anytime. This should be enough but it hasn’t been. One day parties, ongoing parties, large dogs on the lose destroying the coastal ecosystem and water quality in the bay, city creating a nuisance and safety issues on Newport Island by increasing permitting by over 500 percent in a year in a island that should have never been allowed to have short term rentals for multiple reasons. Horrible enforcement all the way around with each department in the city. We have elderly residents who can’t fend for themselves and should not have to agree with groups of drunk, irrational idiots with beer muscles. You all created the mess so please fix it. I am here to assist. Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) From:Scott McFetters To:Planning Commissioners Cc:Bud Reveley; "Mark Markos"; Chris Harano Subject:Re: The Real Story On Newport Beach Short Term Rental Occupancy vs. Hotels Date:Wednesday, November 25, 2020 1:06:13 PM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Planning Commissioners, Please review the prior emails sent to City Council. Best regards, Scott McFetters From: Scott McFetters <smcfetters@outlook.com> Sent: Thursday, October 22, 2020 2:47 PM To: Dixon, Diane <ddixon@newportbeachca.gov>; Brenner, Joy <JBrenner@newportbeachca.gov>; bavery@newportbeachca.gov <bavery@newportbeachca.gov>; Duffield, Duffy <dduffield@newportbeachca.gov>; Herdman, Jeff <jherdman@newportbeachca.gov> Cc: Bud Reveley <budreveley@gmail.com>; Martin O'Hea <mohea@bixbyland.com>; roger@catalinacomponents.com <roger@catalinacomponents.com>; thomas@stratcomponent.com <thomas@stratcomponent.com>; winfieldwells@gmail.com <winfieldwells@gmail.com>; Mike Veal <mike@goldcoastglass.com>; Larry Leifer <lawrelei@gmail.com>; jbowerbank@profunditymarketing.com <jbowerbank@profunditymarketing.com>; Mark & Melissa Markof <msm619@ymail.com>; Chris Harano <chris@harano.com> Subject: The Real Story On Newport Beach Short Term Rental Occupancy vs. Hotels Diane, Joy, Brad, Duffy, Jeff, I hope all is well! Please read the email below from Bud Reveley on Newport Island. This is scary!!! No accountability, impact studies, enforcement, safety concerns up to this point from Newport City Staff on the STR permits. They won't even inspect violating STR homes unlike their building inspecting counterparts. Also, the new ordinance will allow even more people to stay at STR's unless the language is revised. The maximum occupancy should protect the character of a neighborhood not destroy it. With the new ordinance you can put 15 people in a 3,000 square foot house on Newport Island and most lots are 3,000 sqaure feet or less and there is already no parking. That is why the STR's park on our sidewalks, fire lanes, block streets, garages and fire hydrants. We really appreciate your support! There seems to be no urgency with City Staff to get the Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Newport Island issues over to planning commission. Please let us know how we can assist. Thank you! Scott 714-343-1657 From: Bud Reveley <budreveley@gmail.com> Sent: Thursday, October 22, 2020 11:57 AM To: Dept - City Council <CityCouncil@newportbeachca.gov> Cc: Scott McFetters <smcfetters@outlook.com>; Chris Harano <chris@harano.com>; Larry Leifer <lawrelei@gmail.com>; Penny Reveley <pennyreveley@gmail.com> Subject: Council Meeting 10/13/2020 From the Report by Staff "The Coastal Commission has previously held that short-term lodging provides a low-cost alternative accommodation for families. Newport Beach hosts a variety of styles for visitor accommodations including, approximately 4,086 hotel/motel rooms and 471 campground/RV spaces, above and beyond what is provided by permitted short-term lodging units. Short- term lodging accounts for a significant amount (28%) of the visitor accommodations within the City. Establishing a maximum cap of 1,550 permits accommodates a minor expansion of the City’s short-term lodging capacity, while guarding against future impacts that unregulated expansion would create. The City has more short-term lodging units than any other southern California city of a similar size and limiting the number of short-term lodging units will reduce the demand for City services, preserve the housing stock, as well as the quality and character of the City’s neighborhoods." The paragraph above was included in the staff report given to the Council at their meeting on October 13 regarding Ordinance 2020-26 on regulations for local STR units. The underlined sentences highly underestimates the actual percentage by at least one hundred percent. The real figure is about 54%. After speaking with staff, they agree their Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) figure may be misleading. What we are looking for is the number of persons each accommodation can handle each day. Staff has provided me with the number of 10,700 person's daily when adding up the number of persons stated on each STL permit. Hotels at two persons per room can handle 8,172 persons per day and I will estimate that RV and Camp Sites can handle 942 persons per day for a grand total of 19,814. Dividing 10,700 by 19,814 comes up with a STL percentage of 54%. There is no doubt in my mind that if these numbers had been released years ago, our city would have revolted against turning the Peninsula into a kind of fun zone with no regard for family peace and security. STL's should be reduced, not increased. Permits should extinguish when property is sold. Bud Reveley Newport Island Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) From:Scott McFetters To:Planning Commissioners Cc:Chris Harano; "Mark Markos"; Bud Reveley; newportislandjim@gmail.com Subject:Fw: Newport Islands Short Term Rental Needs and Ordinance Requests Date:Wednesday, November 25, 2020 1:09:19 PM Attachments:Newport Island Short Term Rental Needs and Ordinace Requests.docx [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Planning Commissioners, Please review the prior City Council emails below. Best regards, Scott McFetters From: Scott McFetters Sent: Wednesday, October 7, 2020 4:40 PM To: citycouncil@newportbeachca.gov <citycouncil@newportbeachca.gov>; newportislandjim@gmail.com <newportislandjim@gmail.com>; Chris Harano <chris@harano.com>; Laura Brightwell <laura@lauriebrigthwell.com>; drs6080@gmail.com <drs6080@gmail.com>; winfieldwells@gmail.com <winfieldwells@gmail.com>; bluesand.tv@gmail.com <bluesand.tv@gmail.com>; 'Mark Markos' <msm619@ymail.com>; Larry Leifer <lawrelei@gmail.com>; Bud Reveley <budreveley@gmail.com>; Barry Mycorn <rlmequities1@gmail.com>; jbowerbank@profunditymarketing.com <jbowerbank@profunditymarketing.com>; roger@catalinacomponents.com <roger@catalinacomponents.com>; Mike Veal <mike@goldcoastglass.com>; ken@eclecticfinishes.com <ken@eclecticfinishes.com>; thomas@stratcomponent.com <thomas@stratcomponent.com>; Richard Wolpow <rwolpow@pocnettech.com>; Martin O'Hea <mohea@bixbyland.com>; Jeff Friedman <jfriedman@turnerfiber.com>; penny reveley <pennyreveley@gmail.com> Subject: Newport Islands Short Term Rental Needs and Ordinance Requests Honorable City Council, I hope your day is going well! Please see the attached for Newport Islands needs and some STR ordinance request based upon our ongoing issues and loopholes with enforcement. STR's do not work and will not work in the Newport Island's residential community and must be banned immediately or owner occupied. We do not want businesses or hotels operating in our residential neighborhood. That is why we have an assortment of hotels at all price points throughout the City of Newport Beach. They are zoned correctly, have plenty of parking and on-site security. You do not have to call Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) the police all the time for issues that you are getting no economic gain from. We also have areas that are not as residential that seem to be fine with STR's. It should be a neighborhood or community choice and that is who you are supposed to represent first. Businesses second. Short term Rentals/Hotels have been hell on Newport Island and they are unsafe let alone a severe threat to keeping our neighborhood residential. We refuse to allow our neighborhood be to turned into hotel row or be called the war zone. The City of Newport beach created this problem with all the recent STR permits, it was not a problem a year and a half ago. There were no ordinances for Newport Police or Code Enforcement to enforce except large out of control parties until recently . We thought the new ordinances would help but there has been zero enforcement. In my area alone the neighbors and I have called the police over 30 times for illegal parking, noise, less than 4 days stays, construction code violations, blocking sidewalks with trash cans and carport gates. We have pictures and evidence. We thought the owners were getting cited and they would have their STR permits suspended or revoked. We found out this week that all the police or code enforcement did was issue warnings. What a waste of time and who gives the police and code enforcement the right allows transient renters from keeping the residents unsafe on and ongoing basis by blocking our access out of garages, sidewalks and streets! Let alone letting the hotels next door dictate when we get to sleep. Newport Islands permanent residents or long-term renters still account for over 90% of the island's population. Newport Island has had a severe short-term rental problem for about a year and half now, which has been a problem since the STR' exploded onto Newport Island. I think all operators on Newport Island are from out of town because the local operators new that it would not work with the parking, lot sizes and the push back from the permanent or long-term residents. The operators we mostly see have raised investor money and need growth at any cost to the existing neighborhoods. They don't have the repeat customers that the old in town operators have. They are competing for same day last minute reservations with the hotels with not vetting what so ever. No track record of repeat clients. They have great rules that they don't enforce because no one ever comes on site unless there is a problem. The city should add some of these rules into the ordinances. They are already approved by the worst STR Operator https://avantstay.com/house-rules on Newport Island. The other operator is similar. Newport Island had around three part time STR's and then the city allowed another fifteen or so permits without any type of safety, traffic, noise, study done period. Newport Island is the only neighborhood in Newport that I am aware of that has parking permits because the parking was so bad before STR became the new uncontrollable growing virus that is impacting our neighborhood that is residential. City Council has heard horror stories, seen pictures, Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) videos, emails, testimony, etc. of all the ongoing safety, noise and the STR owner/operators attempt to change the character of the neighborhood. We have been told that the City want's its $4,000,000 plus share of the profits but does not have the money to enforce violations. Did you know that they City of Newport Beach only has four Code Enforcement for everything including real estate, STR's and other areas they are supposed to monitor? I think only a couple work a day and the leave around 5:00 PM before any of the issues start that they have to witness to give the owner citation. It is trickery at its best! Occupancy is the issue everything else is just a symptom on Newport Island. Putting 10, 12 or more people in a STR house that is less that 2,000 square feet on a 2,300 square foot lot after converting a closet and dining room into two bedrooms ( permits? ), without heat or air conditioning works out great for everyone else who needs to work or go to school when there is no room inside so they sit out on the patio on the water and talk or party all night. Bye the way, the average occupancy on the Newport island has to be 3 or 4 people max. The STR or hotels as they are called cannot support the amount of people which is the City Fire Code which is meant to be a maximum in a building. What a disaster. Let enough people check that is already party size in a residential neighborhood so the owner who does not live on the Island, the operator and the city make money. None of them would allow a STR next to their own home. Please be responsible and ban STR on Newport Island or at a minimum make the owner occupied. Thank you for your support! Please let me know how I can assist. Best regards, Scott McFetters Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Newport Island Needs Owner Occupied- Owner must live on property. or End STR’s on all Newport Island- For safety purposes all Newport Islands with one egress and one digress would be banned from having short term rentals- Balboa Island has two with the Ferry. New Ordinances Requests -Maximum Occupancy at any time would be 6 people at a STR on Newport Island. 90% of the residents are permanent or long-term rentals. The average occupancy is probably 3 to 4 people. Any additional people from STR’s impact the character of the existing neighborhood. 4 people if the have one parking spot available and 6 with additional parking spots. Any more people is a disruption for the neighbors that work or go to school. There has been no enforcement by the STR Owner/Operators or police. -Parking- All blocking parking citations will be issued without warnings. Blocking a street, sidewalk, bridge, garage fire lanes, etc. Al parking citations will lead to the owner being cited by code enforcement and go against the STR Permit. -Noise- Any outside or inside noise not just amplified that would keep a neighbor up after 10:00PM would still be a citation towards a STR permit even if not cited for a DAC, etc. Noise should be reasonable at anytime during the day or night. -Unpermitted bedrooms and additions including plumbing and electrical are subject to automatic revocation of the STR permit. Same goes for inaccurate livable square footage measurements. City will verify if a complaint is filed. - 4-day minimum stays- Code Enforcement must verify with each STR guest upon each check in that they have a minimum 4-day contract. - No dogs -Maximum Occupancy is the maximum on the STR Permit. -No Smoking -Parties and events are not allowed -If neighbors are disturbed the guests can be vacated from the premises -Only guests on the Reservations can stay over night -Guests shall not exceed the occupancy limit on the reservation Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) From:Scott McFetters To:Planning Commissioners Cc:Chris Harano; "Mark Markos"; newportislandjim@gmail.com; Bud Reveley Subject:Fw: More Short-Term Lodging Pictures on Newport Island Date:Wednesday, November 25, 2020 1:15:22 PM Attachments:FullSizeRender.mov [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Planning Commissioners, Please review the following emails and attachments. Best regards, Scott McFetters From: Scott McFetters <smcfetters@outlook.com> Sent: Tuesday, July 21, 2020 3:29 PM To: planningcommissioners@newportbeachca.gov <planningcommissioners@newportbeachca.gov> Subject: More Short-Term Lodging Pictures on Newport Island Please see below. From: Scott McFetters <smcfetters@outlook.com> Sent: Tuesday, June 23, 2020 11:40 AM To: kmuldoon@newportbeachca.gov <kmuldoon@newportbeachca.gov>; Dixon, Diane <ddixon@newportbeachca.gov>; Duffield, Duffy <dduffield@newportbeachca.gov>; O'Neill, William <woneill@newportbeachca.gov>; Navarrete, Monique <MNavarrete@newportbeachca.gov>; Contino, Brian <BContino@newportbeachca.gov>; Jurjis, Seimone <sjurjis@newportbeachca.gov>; Rieff, Kim <KRieff@newportbeachca.gov>; Moss, Heidi <HMoss@nbpd.org>; Brenner, Joy <JBrenner@newportbeachca.gov>; Martin O'Hea <mohea@bixbyland.com>; chris@harano.com <chris@harano.com>; 'Mark Markos' <msm619@ymail.com>; Larry Leifer <lawrelei@gmail.com>; Richard Wolpow <rwolpow@pocnettech.com>; Jeff Friedman <jfriedman@turnerfiber.com>; newportislandjim@gmail.com <newportislandjim@gmail.com>; ken@eclecticfinishes.com <ken@eclecticfinishes.com>; Herdman, Jeff <jherdman@newportbeachca.gov>; avery@newportbeachca.gov <avery@newportbeachca.gov>; roger@catalinacomponents.com <roger@catalinacomponents.com>; citycouncil@newportbeachca.gov <citycouncil@newportbeachca.gov>; Mike Veal <mike@goldcoastglass.com> Subject: Re: More Short-Term Lodging Pictures on Newport Island IMG_7971.MOV Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) IMG_7971. 3717 Channel Get Outlook for iOS Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) From: Scott McFetters <smcfetters@outlook.com> Sent: Monday, June 22, 2020 2:39 PM To: kmuldoon@newportbeachca.gov; Dixon, Diane; Duffield, Duffy; O'Neill, William; Navarrete, Monique; Contino, Brian; Jurjis, Seimone; Rieff, Kim; Moss, Heidi; Brenner, Joy; Martin O'Hea; chris@harano.com; 'Mark Markos'; Larry Leifer; Richard Wolpow; Jeff Friedman; newportislandjim@gmail.com; ken@eclecticfinishes.com; Herdman, Jeff; avery@newportbeachca.gov; roger@catalinacomponents.com; citycouncil@newportbeachca.gov; Mike Veal Subject: Short-Term Lodging Pictures on Newport Island Honorable City Council, City Manager and City Staff, I hope everyone had a great Father's Day weekend! Now back to the theme of our pain is your pain. Would you want a business next to your home? Especially when not currently accountable. A second email later with more pictures will follow. I am forwarding a previous email that was sent to some of you regarding short term renters who are allowed to bring dogs without a fenced in back yard at 3717 Channel and then let them loose into our channel during low tide or other times with no disregard as if it is their personal back yard. There have been multiple dogs more than 3 or times in the last year. Some dogs run around including on my dock at low tide and others jump in after the ducks, stingrays and whatever else. Please see the pictures of what they leave behind. How is bringing transient, irresponsible short-term rental on the water without appropriate fencing or yard any type of restrictions positive for the charter of the Coastal Commission? The Newport Island residents on the channel cannot do any work without a permit from Coastal Commission but short-term rentals can allow habitat destruction and leave. They are the same dogs that bark because they are not used to the area and can see anything that goes by including the wildlife, boats, kayakers, etc. Why the short-term renters leave the dogs in a new environment lock up inside or with the backdoor open all day why they are having fun we the permanent neighbors get to listen to them bark and moan all day. I have notified Advanstay,com. and Code Enforcement and sent pictures and all we get is more multiple dog situations. The same people trespassed on my property to wash the channel mud of my deck and dock while we were on our boat so we would not see it happened. I noticed right away and contacted AvantStay.com. They did nothing. The owner is also aware but nonresponsive and wants me to talk to his attorney with any issues. This is the same person listed in the Newport Beach Short Term City directory as a contact with his phone number. Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Please ban short term rentals on Newport Island. in the interim if there is and in the interim, please hold the owners and operators responsible by making them be owner occupied ( Santa Monica and other cities ), much higher fines, inspections, limit the amount of total people to 7 or less depending on the size of the lot, house and real bedrooms. Illegal parking, fireworks, etc. should count towards a permit infraction. Eliminate subleases for short term rentals where the owner is off the hook. If DAC ( Disturbance Activation Card ) is 8 or more people than allowing permits over 7 occupants are asking for a party on Newport Island. It is a neighborhood not STR hub. There are many more restrictions not mentioned in this email. Make it easy for Code Enforcement to enforce and pull permits. Make STR fees and fines more expensive to cover the costs of having dedicated police to enforce the STR's 24 hours a day. The hotels have to bear that expense whey do the STR owners have no skin in the game. They make money and the neighbors suffer in our own neighborhoods. Our pain should be the owner, operator, short term renter pain. Any further residential pain should be eliminated immediately. We live there and the almost all the owners of the STR's don't. Best regards, Scott McFetters 714-343-1657 Get Outlook for iOS From: Scott McFetters <smcfetters@outlook.com> Sent: Tuesday, May 12, 2020 10:03:12 AM To: Contino, Brian <BContino@newportbeachca.gov> Subject: Fwd: Short-Term Lodging on Newport Island Last time dogs stayed at 3717 Channel. No gates to keep them in. Get Outlook for iOS From: Scott McFetters <smcfetters@outlook.com> Sent: Monday, February 10, 2020 1:51 PM To: Jurjis, Seimone; Campbell, Jim; Dixon, Diane; Duffield, Duffy; Tseng, Evelyn; Navarrete, Monique; Contino, Brian; Rieff, Kim Subject: Short-Term Lodging on Newport Island I hope all is well! I wanted to give you an update and send you some pictures and video from 3717 Channel this weekend. I think two parking citations were given out Thursday and Saturday. I called to complain about them being out until midnight in the back deck and having two big dogs out at 6:30 am in the morning which woke up the neighbors who live on the water along with them talking. Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) I came back yesterday on our boat and dogs had been on my back deck, dock and all offer the channel around the sea wall during the low tide. Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Two piles of dog feces that are now part of our channel water supply. Probably killed a bunch of eel grass, etc. The dogs have been barking or making noise When they leave they put them in the house and they bark when anyone goes Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) outside including this weekend! Thank you for the support: I will be out of town this week along with some other neighbors. However we should still be represented. Best regards, Scott 714-343-1657 Get Outlook for iOS From: Rodriguez, Clarivel Sent: Tuesday, January 14, 2020 12:21:36 PM To: Rodriguez, Clarivel <CRodriguez@newportbeachca.gov>; Jurjis, Seimone <sjurjis@newportbeachca.gov>; Campbell, Jim <JCampbell@newportbeachca.gov>; Dixon, Diane <ddixon@newportbeachca.gov>; Duffield, Duffy <dduffield@newportbeachca.gov>; Tseng, Evelyn <ETseng@newportbeachca.gov>; Navarrete, Monique <MNavarrete@newportbeachca.gov>; Contino, Brian <BContino@newportbeachca.gov>; 'Scott McFetters' <smcfetters@outlook.com>; Rieff, Kim <KRieff@newportbeachca.gov> Subject: Short-Term Lodging on Newport Island When: Wednesday, February 5, 2020 11:00 AM-12:00 PM. Where: Mtg Room-Crystal Cove(Bay 2D, Max 26 A/V) The purpose of the meeting is to discuss short-term lodging issues on Newport Island, specifically at 38th St. and Channel Place. From: Rodriguez, Clarivel Sent: Tuesday, January 14, 2020 12:21:36 PM To: Rodriguez, Clarivel <CRodriguez@newportbeachca.gov>; Jurjis, Seimone <sjurjis@newportbeachca.gov>; Campbell, Jim <JCampbell@newportbeachca.gov>; Dixon, Diane <ddixon@newportbeachca.gov>; Duffield, Duffy <dduffield@newportbeachca.gov>; Tseng, Evelyn <ETseng@newportbeachca.gov>; Navarrete, Monique <MNavarrete@newportbeachca.gov>; Contino, Brian <BContino@newportbeachca.gov>; 'Scott McFetters' <smcfetters@outlook.com>; Rieff, Kim <KRieff@newportbeachca.gov> Subject: Short-Term Lodging on Newport Island When: Wednesday, February 5, 2020 11:00 AM-12:00 PM. Where: Mtg Room-Crystal Cove(Bay 2D, Max 26 A/V) The purpose of the meeting is to discuss short-term lodging issues on Newport Island, specifically at 38th St. and Channel Place. From: Rodriguez, Clarivel Sent: Tuesday, January 14, 2020 12:21:36 PM To: Rodriguez, Clarivel <CRodriguez@newportbeachca.gov>; Jurjis, Seimone <sjurjis@newportbeachca.gov>; Campbell, Jim <JCampbell@newportbeachca.gov>; Dixon, Diane Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) <ddixon@newportbeachca.gov>; Duffield, Duffy <dduffield@newportbeachca.gov>; Tseng, Evelyn <ETseng@newportbeachca.gov>; Navarrete, Monique <MNavarrete@newportbeachca.gov>; Contino, Brian <BContino@newportbeachca.gov>; 'Scott McFetters' <smcfetters@outlook.com>; Rieff, Kim <KRieff@newportbeachca.gov> Subject: Short-Term Lodging on Newport Island When: Wednesday, February 5, 2020 11:00 AM-12:00 PM. Where: Mtg Room-Crystal Cove(Bay 2D, Max 26 A/V) The purpose of the meeting is to discuss short-term lodging issues on Newport Island, specifically at 38th St. and Channel Place. Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) From:Scott McFetters To:Planning Commissioners Cc:"Mark Markos"; Chris Harano; newportislandjim@gmail.com; Bud Reveley Subject:Fw: Newport Island STR Ban, Short Term Rental Ordinances, SeaBreeze Example Date:Wednesday, November 25, 2020 1:18:28 PM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Planning Commissioners, Please review the emails below. Best regards, Scott McFetters From: Scott McFetters <smcfetters@outlook.com> Sent: Saturday, July 11, 2020 10:48 PM To: Dixon, Diane <ddixon@newportbeachca.gov>; Duffield, Duffy <dduffield@newportbeachca.gov>; Navarrete, Monique <MNavarrete@newportbeachca.gov>; kmuldoon@newportbeachca.gov <kmuldoon@newportbeachca.gov>; Brenner, Joy <JBrenner@newportbeachca.gov>; Herdman, Jeff <jherdman@newportbeachca.gov>; O'Neill, William <woneill@newportbeachca.gov>; Jacobs, Carol <cjacobs@newportbeachca.gov>; Jurjis, Seimone <sjurjis@newportbeachca.gov>; bavery@newportbeachca.gov <bavery@newportbeachca.gov>; gleung@newportbeachca.gov <gleung@newportbeachca.gov>; Murray, John <jmurray@newportbeachca.gov>; citycouncil@newportbeachca.gov <citycouncil@newportbeachca.gov>; Brenan, Ellen <EBrenan@newportbeachca.gov>; Moss, Heidi <HMoss@nbpd.org> Cc: 'Mark Markos' <msm619@ymail.com>; Chris Harano <chris@harano.com>; Larry Leifer <lawrelei@gmail.com>; Jeff Friedman <jfriedman@turnerfiber.com>; ken@eclecticfinishes.com <ken@eclecticfinishes.com>; Martin O'Hea <mohea@bixbyland.com>; newportislandjim@gmail.com <newportislandjim@gmail.com>; mundocane@yahoo.com <mundocane@yahoo.com>; Mike Veal <mike@goldcoastglass.com>; Barry Mycorn <rlmequities1@gmail.com>; Bud Reveley <budreveley@gmail.com>; roger@catalinacomponents.com <roger@catalinacomponents.com>; Richard Wolpow <rwolpow@pocnettech.com>; acooperz@gmail.com <acooperz@gmail.com>; penny reveley <pennyreveley@gmail.com> Subject: Newport Island STR Ban, Short Term Rental Ordinances, SeaBreeze Example Distinguished City Council City Manager and City Staff, I hope all is well! We appreciate your support for Newport Island as it is a residential Island with over 80 percent single-family lot utilization, versus other neighborhood's that may have over 50 percent of the lots utilized as rental duplexes. Newport Island is different in many Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) ways from the surrounding areas, in addition to the fact that it is still a residential neighborhood. Around 80 homes are located on the water and just over 40 are located off the water. Newport Island is shaped in a triangle, which is the worst possible shape for parking and safe streets. Our streets are single lane with a fire lane and easily blocked by illegally parked short-term renters ( STR's ), their friends and family, construction workers, bridge jumpers, bridge jump bystanders and parents, delivery trucks, Uber's, etc. Let's not forget all the blocked sidewalks, making it even more unsafe for the Newport Island residents. The SPON, CDMCA and Newport Island Home Owners survey all overwhelmingly show that people don't want STR's in their Newport Beach neighborhoods. The Edwards family had a big presence on Newport Island, and the island was well looked after for years. There was very little official business to do on the island after the only bridge, underground utilities, park improvements, etc. were complete. Newport Island Association Island was pretty much involved with social activities at the park until Newport Island was recently taken over by short term rental permits. The number of STR's permitted in such a short period of time and the ongoing problems and diminished quality of life that the STR permits produced changed everything. The overwhelming majority of long-term residents have stepped up to stop STR's before Newport Island becomes the other side of the bridge. STR rental hell, if you are an owner-occupied holdout. Balboa Coves just across the channel on PCH does not allow STR's. STR's should not be allowed on Newport Island either, which is obvious to anyone who lives there or has spent much time visiting. STR's have been a disaster -- parties, illegal fireworks, noise over water, close proximity, held hostage to STR's sleep hours, parking, illegal parking, threats, arrest, disrespect, etc. If we cannot get a permanent STR ban now without going to the Coastal Commission, then we should receive immediate relief from the Newport Beach City Council by proposing and passing owner occupied STR's like other cities recently have as soon as possible. Whether to permit STR's should be each neighborhood’s decision in the rest of the city as well. There seems to be many neighborhoods in the area that are mostly STR's because there are very few owners left on a permanent basis. That's why the city needs to end STR's on Newport Island. We are a residential Island and it is the City of Newport beach's responsibility to protect that, with overwhelming support from the island residents to keep it that way. With over 80 houses on the water we have even more challenges with STR's. It is not only the STR's on the Island but the STR's across the channels from our houses in the Finley neighborhood, etc.. When you look down the Channel after 10:00 PM it is usually the STR's with all the lights on being loud and inconsiderate of the vast majority who are permanent residents that have to get up for jobs, kids and other obligations. The same people renting these STR's would be complaining if they were at home and not on vacation. With the small lots and being located on the water it only takes two inconsiderate or uneducated by the STR Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) operators to keep the neighbors up all night. It is up to the owners and operators to enforce and manage, as STR permits are only a privilege and not a property right to make sure each STR does not impact the immediate or distant neighbors. Long term rentals over 30 days also have to be held accountable, especially if they are still holding a STR permit. I see a lot STR employee vehicles cleaning their properties. Why can't they also use the vehicles to patrol and physically check people in to make sure there are not too many people and educate them on noise and neighbor respect. Why are we paying or the police to do it? We don't want them and we do not want to pay their expenses. The STR's should be charged for any police calls if they don't want to monitor themselves. The fines and penalties are extremely low and not sufficiently punitive based upon the income the STR operators are generating vs. the STL hell the neighbors have to live with on a daily basis. The police have not been putting the STR addresses in the police reports, so there has not been sufficient accountability and they have not been losing their permits. Illegal parking should also count as a strike against the STR permit for revocation. A two-bedroom house or condo with one space should not be allowed to have more than 5 people at that house – this is a proven disaster regarding noise and behavior. 10:00 PM at the latest should be drop dead quiet time for STR's. We have previously talked about the bad operators such as AvantStay since last November, but they are still in business and no other operators have done anything to stop the bad practices that I am aware of. Why would the Newport Beach City Council give the STR operators any more time to stall any new ordinances that are long overdue? So, the impacted neighborhoods can continue to suffer why the STR owners and operators continue to count their cash? They can sleep while we police their properties. We have STR owners that live off the Island with an exception of less than maybe 2, if that many. The vast majority of the island residents want to ban STR's immediately. I have not seen or heard of any proposal or email from STR owners or operators on Newport Island that call for any rules or regulations that would be custom to their properties other than whatever the current STR ordinances are.. Why do we have to do their job and they make all the money and we get all the noise and disruption? We often hear threats to the City Council from SeaBreeze out of La Jolla, California about litigation, etc.. Somehow, they are a victim in Newport Beach because we don't want STR's to ruin our quality of life. The residents in the residential neighborhoods are the victims when STR owners and operators run a business next to our homes in our neighborhoods. They don't care about the neighborhoods they are impacting or they would already have taken responsibility without being forced by the City of Newport Beach to comply to some simple ordinances and common decency that should have been in place when the City of Newport Beach started issuing STL permits. It's all about cramming as many people into a house that they can so they can charge more money. It's all about the money! The STL owners and operators don't take into account (or maybe they do and don't care, like Avantsay ) all the Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) other overflow friends, friends of friends and family. Unlike a hotel, there is no on-premise security or someone checking them in to see what they are dealing with. The City of Newport Beach should take care of its neighborhoods first. Isn't that why we all live here? The City Council should be supporting our hotels that are not located in residential neighborhoods. Last week a group of people rented a SeaBreeze STR house across the Channel. Next to it was another house that was sold to be torn down ( sited today by Code Enforcement for no STR permit ). There were two separate large groups raging next to them throughout last week and the 4th of July weekend but they were also out late making noise. The SeaBreeze house is a two-bedroom house with a permit for 6 and a website ad that says 7. It had many more people than 6 but I let it go for the 4th even though they were outside until 2:00 AM on occasion. It did not stop Sunday night so I went to the SeaBreeze website. No link for complaints. Tried to message but it was closed until business hours which I think is around 5:00 PM or so. No response so I called. There is no menu item for complaints. Eventually, I spoke with a SeaBreeze operator that said she can only email the main office. There is no one to talk to. Left my info. No call back from SeaBreeze. Sent a complaint to the general guest email again. Said it would be taken care of. It wasn't. Said next time they would be out. Emailed to complain about them being out late again yesterday and no response all day. Then a generic response email that it was being handled, with a person's name. I called for the person and they seemed uncomfortable I was calling and wanted to talk to a specific person. She said she would leave a message and have him call me. No call back no emails? People are still there as of this morning with less people but still out after 10:00 PM. There were over 20 people over there yesterday and last night. This same house is on the water and has a jacuzzi that people love to stay in late night talking, laughing and having a great time, while across the water we are getting up at 5:30 AM to go to work. Add a long-term rental unit and 3 Duffy's on its dock which two are paying the owner for dock space so you get to hear them come and go whenever they or their friends and possibly other sub-rentals want. They make all the money and we hear all the noise. Please see SeaBreeze details below in the attachments or links. No one at any of the STR companies, owners, renters, City Staff and City Council would want an STR next door to them in their permanent neighborhood. So let's do the right thing and correct the error the City of Newport Beach created on Newport Island. I am challenging the Newport Beach City Council, City Staff, STR owners and Staff to locate a specific Seabreeze or similar STR Operator property and call or go to their website as if you were filing a complaint after not being able to sleep for days. Let's see if you are satisfied with the customer service experience that you have been hearing about from all the STR operators that have chimed in saying that they walk on water and is only a few bad operators. They are only the best and everyone loves them. Reality is every new STR check in is like ground hog day in your own house, in your own neighborhood wondering how you are going to get relief Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) from a permit that is a privilege and not a right. Just ask all the other cities who banned, heavily restricted or made the owner have skin in the game by living there.to have the privilege to rent. Thank you or being responsible in helping the citizens of Newport Island solve the recent STR problem that they did not create. Homeowners and long-term rentals sleep and quality of life should not be dictated by short term rental businesses in their neighborhood. https://www.seabreezevacationrentals.com/vacation-rentals/nb-517a-stunning-channel- front-home-wprivate-spaduffy-boat NB-517A - Stunning Channel Front Home W/Private Spa/Duffy Boat! | SeaBreeze Vacation Rentals Enjoy a soak in the spa while watching Gondolas pass you by More beautiful views of the Newport Back Bay. Aerial view of private patio with spa, dining, and private dock with Duffy Boat (Available to rent) Duffy boat available t t f t ! O t id di i www.seabreezevacationrentals.com http://nbgis.newportbeachca.gov/NewportHTML5Viewer/? viewer=neighborhoodmap&layerTheme=Short-Term%20Lodging Best regards, Scott McFetters 714-343-1657 Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) From:Scott McFetters To:Planning Commissioners Cc:Chris Harano; Bud Reveley; newportislandjim@gmail.com; "Mark Markos" Subject:Fw: City of Newport Beach: Short Term Lodging Complaints ( Newport Island, AvantStay, 3806 and 3717 Channel ) Date:Wednesday, November 25, 2020 1:24:45 PM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Planning Commissioners, Please review the emails below. Best regards, Scott McFetters From: Scott McFetters <smcfetters@outlook.com> Sent: Monday, May 18, 2020 6:49 PM To: Dixon, Diane <ddixon@newportbeachca.gov>; Duffield, Duffy <dduffield@newportbeachca.gov>; Navarrete, Monique <MNavarrete@newportbeachca.gov>; kmuldoon@newportbeachca.gov <kmuldoon@newportbeachca.gov>; Brenner, Joy <JBrenner@newportbeachca.gov>; Herdman, Jeff <jherdman@newportbeachca.gov>; O'Neill, William <woneill@newportbeachca.gov>; Jacobs, Carol <cjacobs@newportbeachca.gov>; Jurjis, Seimone <sjurjis@newportbeachca.gov>; 'Mark Markos' <msm619@ymail.com>; Mike Veal <mike@goldcoastglass.com>; ken@eclecticfinishes.com <ken@eclecticfinishes.com>; Chris Harano <chris@harano.com>; bavery@newportbeachca.gov <bavery@newportbeachca.gov>; gleung@newportbeachca.gov <gleung@newportbeachca.gov>; Larry Leifer <lawrelei@gmail.com>; Chris Harano <chris@harano.com>; Jeff Friedman <jfriedman@turnerfiber.com>; ken@eclecticfinishes.com <ken@eclecticfinishes.com>; 'Mark Markos' <msm619@ymail.com>; Martin O'Hea <mohea@bixbyland.com>; Richard Wolpow <rwolpow@pocnettech.com>; newportislandjim@gmail.com <newportislandjim@gmail.com>; AnnO'Flynn <annofly@gmail.com>; Boles, Sharon <sharonboles@gmail.com>; Garber_Chris <Garber_Chris@allergan.com>; Gignoux, Suzanne <suzanne.gignoux@gmail.com>; thomas@stratcomponent.com <thomas@stratcomponent.com>; roger@catalinacomponents.com <roger@catalinacomponents.com>; mundocane@yahoo.com <mundocane@yahoo.com> Subject: City of Newport Beach: Short Term Lodging Complaints ( Newport Island, AvantStay, 3806 and 3717 Channel ) Honorable City Council, City Staff and Newport Island Neighbors, I hope you had a nice weekend. It is the responsibility of the different departments with in the City of Newport Beach to protect and provide a reasonable quality of life to the homeowners that it represents. These departments are not limited to Community Development, Code Enforcement, Police and the City Council of Newport Beach. Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) It is my understanding that the Short Term Rental issues will not be addressed at the May 23rd meeting. The new date is sometime after the first week In June. Why? We continue have continued safety issues on Newport Island that no department in the City wants to take responsibility for. The city increases the amount of short term rentals on Newport Island over 500% in a year where there was no prior awareness or issues. We have had many problems in an off season with limited people. Can you imagine if all 17 were operational with probably 6 cars per day per house going on an off the island. Sports teams, bachelor or bachelorette, multiple families, etc. at the same house, There has been not time to establish a record of emergency access because the City of Newport beach created the short term rental pandemic on Newport Island it the last year and it has been flattened by the Corona virus pandemic so we not seen anything yet but what we have seen has been toxic, unsafe and poorly managed by all departments related to short term rentals. When our blocked fire lanes, bridge, sidewalks, garages and alley create a deadly situation there will be hell to pay! Code Enforcement and Parking Enforcement leave at 5:00 PM. Code Enforcement is a non-factor anyway. Code Enforcement and Community Development have been of no assistance when any issues regarding and code or safety issues such as a business operating out of 3806 Channel which left neighbors living i in fear for weeks. No assistance with the police who had to be called to investigate after multiple emails send to code enforcement. Prison tattoo's on some the in and out occupants. Cars coming and going all night. Cars blocking Driveways, Speeding, Breaks squeaking. Thugs. Please read the prior related emails below. We also have the ongoing 2 bedroom house being converted into a 4 bedroom house just to pack them in. Must be fun sleeping in a closet? Let's not for forget the one parking spot ( 3717 Channel ). Requested an inspection in the first meeting we had on the Newport Island issue months ago. Currently we have 2 service dogs at 3717 no response to my complaint. I am making an exception this time because they are only the second group of normal people who have stayed at that house since it became a short term rental in the last year. David the local Manager at AvantStay says he feels for us and he sends all of our texts, emails and phone calls to his boss Josh Bruener ( 415-847-2971 ) who is the Avant Stays owners brother. David says he ignores them even though they have video of people coming and going from their houses. He said Josh wants the houses filled all the time because they do long term rentals from the owner and have to pay the owner. The city needs to end this practice right away. The CIty of Newport Beach created this problem so the Newport Beach City Council should take responsibility to fix it since it to easy to put off or ignore by all the other City Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) departments. The city can end the short term issues on the island now or we will do whatever is necessary to make sure all residents are safe and salvage our quality of life on Newport Island. While you are at it can get enforcement back in police department. They are my favorite Department in Newport Beach. We were told at a City Council meeting that there were only 35 complaints about STL's to the Police Department. My neighbor and I must have made 40 of them. Somebody has been giving out to many warnings. The police used to consistently enforce which created respect for the different laws and the department. We all knew not to speed in Newport or it was a ticket. You can't even cross the sidewalk at at 38th street without almost getting hit and it has blinking stop signs. Its like Mad Max out there now and if you don't see it you can hear it. I am sure that is a focus for the Police force right now. I really appreciate all that they do! Thank you for your time. I am available to discuss anytime and also here to help. Best regards, Scott McFetters 714-343-1657 From: Scott McFetters <smcfetters@coretechleasing.com> Sent: Monday, May 18, 2020 4:43 PM To: Scott McFetters <smcfetters@outlook.com> Subject: FW: City of Newport Beach: Short Term Lodging Complaint From: Scott McFetters Sent: Monday, May 18, 2020 10:02 AM To: Roger Saxton <roger@catalinacomponents.com> Cc: Contino, Brian <BContino@newportbeachca.gov>; Brenan, Ellen <EBrenan@newportbeachca.gov>; Navarrete, Monique <MNavarrete@newportbeachca.gov>; sjurjis@newportbeachca.gov Subject: RE: City of Newport Beach: Short Term Lodging Complaint Brain, Ends up we were right and an investigation was warranted. Did the tenants at 3806 and 3717 stay Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) 30 days or is that not required. Just a one month lease review at the beginning? AvantStay is an irresponsible short term rental business that is not in the business of a long term lease unless it is their own and they get to do the short term rentals. Do they need a permit if they are the ones renting the house out? They are not listed as a contact on the city website and the owner that is listed at 3717 does not respond to neighbors and told me to talk to his attorney. Your team has no control over the situation and those two houses. The city allow businesses in our neighborhood, we don’t. Please take responsibility of the cities actions and be helpful every other department I have dealt with at the City of Newport Beach. Best regards, Scott From: Roger Saxton <roger@catalinacomponents.com> Sent: Saturday, May 16, 2020 8:57 AM To: Scott McFetters <smcfetters@coretechleasing.com> Cc: Contino, Brian <BContino@newportbeachca.gov>; Brenan, Ellen <EBrenan@newportbeachca.gov>; Navarrete, Monique <MNavarrete@newportbeachca.gov> Subject: Re: City of Newport Beach: Short Term Lodging Complaint Brian, So much for the 31 day rental! This place Advanstay is a scam & a degradation to our neighborhood. I can say that I walked away from our correspondence with the feeling you could not be any less interested in our situation. I am beyond disappointed that this is the case. The city of Newport Beach is supposed to protect the ordinances that are in place to protect us. FAIL On Apr 27, 2020, at 4:49 PM, Scott McFetters <smcfetters@coretechleasing.com> wrote: Brian, How does it work? Avantstay.com is a short term rental outfit. They lease from the owner who has the short term rental permit. They possibly do a long term rental one month and then go back to a short term rental. For enforcement purposes do they fall under the short term rental permit or not until it is short term again. Same operator same issues. How do we make it work with a bad operator in our residential neighborhood for 3806 and 3717 in the long term besides calling Avandtstay and the police all the time? What can the city do to help? If not, Is it the police we have to call or who at the city is in charge of nuisance long term rental issues? What are the current rules for long term rentals in the city regarding being a nuisance? Sounds like we need some fangs in the short and long term rental agreements if our only remedy is to call the bad operator that has a long Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) pattern of bringing in bad renters. Please help the police out and give them something to enforce and please educate us on how we can assist to se can eliminate the problems based up todays codes and laws vs. what we need to project ourselves in the future. Thank you, Scott 714-343-1657 From: Roger Saxton <roger@catalinacomponents.com> Sent: Monday, April 27, 2020 2:53 PM To: Contino, Brian <BContino@newportbeachca.gov> Cc: Brenan, Ellen <EBrenan@newportbeachca.gov>; Navarrete, Monique <MNavarrete@newportbeachca.gov>; Scott McFetters <smcfetters@coretechleasing.com> Subject: Re: City of Newport Beach: Short Term Lodging Complaint Until they have been there 30 days I would request that you treat it as it is registered… a short term rental. Please help us out here. On Apr 27, 2020, at 2:52 PM, Contino, Brian <BContino@newportbeachca.gov> wrote: I have a copy of their lease Sent from my iPhone On Apr 27, 2020, at 2:51 PM, Roger Saxton <roger@catalinacomponents.com> wrote:  [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Hello Brian, It is registered as a short term rental. How do we know that this is not being rented short term? Advanstay has not been standup or forthright about this property up to this point. Short term or 30 day they have people shoehorned in there. Until they have been there 30 days I would request that you Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) treat it as it is registered…a short term rental. Please help us out here. This group is a handful and we want to keep everything peaceful. Best Regards, Roger Saxton Catalina Components Inc. Phone 949 375 6111 Fax 480 377 0436 The information in this email and attachments hereto may contain legally privileged, proprietary or confidential information that is intended for a particular recipient. If you are not the intended recipient(s), or the employee or agent responsible for delivery of this message to the intended recipient(s),you are hereby notified that any disclosure, copying, distribution, retention or use of the contents of this e-mail information is prohibited and may be unlawful. When addressed to Catalina Components Inc. customers or vendors, any information contained in this e-mail is subject to the terms and conditions in the governing contract, if applicable. If you have received this communication in error, please immediately notify us by return e-mail, permanently delete any electronic copies of this communication and destroy any paper copies. On Apr 27, 2020, at 1:50 PM, Contino, Brian <BContino@newportbeachca.gov> wrote: Mr. Saxton, This property is currently being used as a montly rental. If you have concerns about the tenant and parking, please contact Avantstay at (424) 372 8268. Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) From: City of Newport Beach <NoReply@newportbeachca.gov> Sent: Monday, April 27, 2020 1:05 PM To: Campagnolo, Daniel <DCampagnolo@newportbeachca.gov>; Contino, Brian <BContino@newportbeachca.gov>; Navarrete, Monique <MNavarrete@newportbeachca.gov>; Brenan, Ellen <EBrenan@newportbeachca.gov> Subject: City of Newport Beach: Short Term Lodging Complaint A new entry to a form/survey has been submitted. Form Name:Short Term Lodging Complaint Form Date & Time:04/27/2020 1:04 pm Response #:219 Submitter ID:16476 IP address:68.3.10.70 Time to complete:6 min. , 59 sec. Survey Details Page 1 Your Contact Information 1. All information provided in this complaint shall be considered confidential and is only used to assist staff with investigating your concern. Your First Name Roger Your Last Name:Saxton Your Call Back Number:9493756111 Your Email Address: roger@catalinacomponents.com 2. Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Address of Violation Address or Location 3806 Channel Place Newport Beach Please Provide a Detail Description of Your Complaint This is being used as a short term rental. There were no less than 12 different cars in & out of there ALL NIGHT long. They parked a truck blocking my garage multiple times as well as my 80 year old neighbors garage. Both my neighbor & my son have critical health concerns that could be disastrous if we are not able to leave do to the garage obstruction. They have also resorted to parking in the middle of the street! I have a strong feeling that there is illicit business being done there. This owner has completely disregarded their neighbors. This is boiling to a head. Thank you, City of Newport Beach This is an automated message generated by the Vision Content Management System™. Please do not reply directly to this email. Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) From:Scott McFetters To:Planning Commissioners Cc:Chris Harano; "Mark Markos"; newportislandjim@gmail.com; Bud Reveley Subject:Fw: 3717 Channel- Illegally parked Cars and friends leaving Newport Island Date:Wednesday, November 25, 2020 1:42:50 PM Attachments:IMG_7564.MOV IMG_7971.MOV IMG_7972.mov [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Planning Commissioners, Please review the following emails and attachments. Best regards, Scott McFetters day, June 23, 2020 12:00 PM To: kmuldoon@newportbeachca.gov <kmuldoon@newportbeachca.gov>; Dixon, Diane <ddixon@newportbeachca.gov>; Duffield, Duffy <dduffield@newportbeachca.gov>; O'Neill, William <woneill@newportbeachca.gov>; Navarrete, Monique <MNavarrete@newportbeachca.gov>; Contino, Brian <BContino@newportbeachca.gov>; Jurjis, Seimone <sjurjis@newportbeachca.gov>; Rieff, Kim <KRieff@newportbeachca.gov>; Moss, Heidi <HMoss@nbpd.org>; Brenner, Joy <JBrenner@newportbeachca.gov>; Martin O'Hea <mohea@bixbyland.com>; chris@harano.com <chris@harano.com>; 'Mark Markos' <msm619@ymail.com>; Larry Leifer <lawrelei@gmail.com>; Richard Wolpow <rwolpow@pocnettech.com>; Jeff Friedman <jfriedman@turnerfiber.com>; newportislandjim@gmail.com <newportislandjim@gmail.com>; ken@eclecticfinishes.com <ken@eclecticfinishes.com>; Herdman, Jeff <jherdman@newportbeachca.gov>; Maglinti, Avery <AMaglinti@newportbeachca.gov>; roger@catalinacomponents.com <roger@catalinacomponents.com>; citycouncil@newportbeachca.gov <citycouncil@newportbeachca.gov>; Mike Veal <mike@goldcoastglass.com> Subject: 3717 Channel- Illegally parked Cars and friends leaving Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) From:Mark Markos To:Planning Commissioners Subject:Fw: Newsletter Update Date:Wednesday, November 25, 2020 2:22:34 PM Attachments:newsletter.pdf [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Planning Commissioners, my family and I have lived on Newport Island for 15 years and we love it here (or we used to). My wife and I specifically chose Newport Island as a place where we could raise our children without the party noise and nonsense of the peninsula. A place of community, great neighbors, and peace and quiet. A place where neighbors join together (50-75 at a time) for potlucks at the park, Easter Egg hunts , Christmas parties, barbecues, 4th of July parades, etc.. We even had an annual celebration with the TK Burger truck where over 115 meals were served. The island is 85-90% full time residents (owners and long term renters) who in a recent survey unanimously voted against short term rentals on the island. Unfortunately, without even knowing it the city issued close to 20 STL permits (the island only has 120 or so homes) and this completely changed the dynamics of the island. Out of nowhere we have this massive transient population of out of town guests that came to have a good time and party. Due to the large number of STL homes the island quickly became overrun with congestion, noise, trash, cars, and many times out of control parties. Each STL unit would bring an average of 10 guests with 3-5 cars causing a parking nightmare. We only have 50 guests parking spots of which barely handle the residents who live here full time. Out of frustration these STL guests would park on sidewalks, red zones, neighbors driveways, and even double park and block the ends of the island restricting access to the ends of the streets. To complicate matters the island is a small triangular shaped island that is very tight, there is one ingress and one egress (through a small bridge), we have very narrow two way streets that act as one way streets, and extremely limited parking all which add to our growing safety nightmare. I have brought this safety concern to the city council multiple times and it must be addressed, from the illegal sidewalk parking, to the spedding STL guests frustrated that they can't find parking, to the blocking access to the ends of the island for emergency vehicles this is a ticking time bomb for the city! In the last 6 months the number of confrontations with STL guests gone up dramatically. The residents can't handle the nonsense anymore with the out of control parties, parking, and overall disrespect for the people who live, work and play here. Although I don't believe the city intended for this to happen to this quiet residential neighborhood, just the opposite has happened and we need your help to right this wrong. Just in the last 3 months we have had three long time residents put their house up for sale and move off the island as they can't handle the stress of living next door to one of the STL units. This is where the line should be drawn! If you were to do a impact study it would be clear that mini hotels in a place like this should never exist. Please vote to make the changes necessary to bring this neighborhood back to what it was meant to be. Also, I have a attached a copy of our community newsletter complete with photo's of our events, island projects, and local news. It clearly shows that Newport Island is a community of neighbors, that love where they live and care for one another. Please help us get our community back! Regards, Mark Markos Newport Island Community Association Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) NEWPORT ISLANDNews October 2020 End of Summer Newport Island Extravaganza Saturday October 24 The Newport Island Community Association is dedicated to preserving a safe, enjoyable and harmonious neighborhood while increasing the value of the island’s properties. NEWPORT ISLAND PARK Recent upgrades to the island: GOOD NEIGHBOR POLICY Newport Island Residents Newport Island park took on a whole new look after decades with no change. Jim Miller and Larry Leifer (local residents) were the voice that got the whole project started and we are very grateful to them................... 2 The front entry marquee got a little makeover with new paint and Newport Island Logo. Another local island resident, Ken Keirsted, donated his time and materials to give the marquee an updated look.................................... 4 I have added a Good Neighbor Policy toward the end of the newsletter. Please take a few minutes to review and read. If we all follow these simple respectful policies, our island with become the best place to live in Newport! .....................9 FRONT ENTRY MARQUEE Newport Island (Food Truck, Refreshments and all) 3pm-7pm Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Page 2 October 2020 | Newport Island News Acting President’s Report, Mark Markos – August 2020 Well it has been a heck of a year with the onset of the Coronavirus pandemic. No one could have seen it coming and it has been challenging to say the least, working from home to homeschooling to working out in the park. The landscape of business, government and home life has all changed and I hope that each and every one of you is getting through this with a positive outlook on the future as we still live at the greatest place around, NEWPORT ISLAND! We have had to cut back on our summer social engagements, but these will soon return and we can all hang out together safely. We will have one final event for the summer at the end of October where we bring in a Food Truck and provide everything. We will set up tents, canopies, chairs and tables. We will all social distance and the Newport Island Board will provide a Island Update. October 24th Newport Island Park 3pm-7pm. We have not had a newsletter in some time so I am going to include several photos of past events as well as island upgrades and local improvement projects (completed and in progress). We have many property owners who live out of town and we want to update them on things going on both on and off the island and also share the community spirit that exists on the island. We hope you enjoy them. Website: Currently we do not have an island website but would love to find an island resident that is willing and able to help put one together for the island. We would like it to include our renewal membership form, Island store inventory (hats, t-shirts, koozies, and flags) pictures, suggestion box and a calendar of events. Please contact me direct if you can help with this project. Your help would be greatly appreciated. Mark Markos 949 524 6094 NEWPORT ISLAND PARK Recent upgrades to the island: Newport Island park took on a whole new look after decades with no change. Jim Miller and Larry Leifer (local residents) were the voice that got the whole project started and we are very grateful to them. There was controversy through the process on which base material to use sand / rubber matt combo or all rubber matt. In the end, it was decided that it would be what the kids on the island preferred, which was the sand/ matt combo. There were several upgrades besides the playground base material, new benches, new concrete picnic tables, new BBQs, new trash containers, new metal fencing along the water, new concrete pathways, new basketball backboard, newly painted basketball court, new water fountain with bottle filler and dog bowl, partial new landscaping, and new grass throughout the park. Also, there was a newly painted chain link safety fence put up near the basketball court to keep the basketballs and kids from going into the street. This fence not only looks good it actually works and keeps the kids safe. Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Page 3 October 2020 | Newport Island News Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Page 4 October 2020 | Newport Island News NEWPORT ISLAND FRONT ENTRY MARQUEE NEWPORT ISLAND BRIDGE LIFEGUARD PATROL NEWPORT ISLAND SMALL CELL TOWER The front entry marquee got a little makeover with new paint and Newport Island’s Logo. Another local island resident, Ken Keirsted, donated his time and materials to give the marquee an updated look. Thank you Ken. Due to the excessive number of bridge jumpers, multiple accidents, noise, nuisance and the sand carried from the adjacent small beach up and down the sidewalk and wall, the city made the decision to place lifeguard patrol through the summer at the bridge. This has almost eliminated the problem and brought peace back to the bridge. Over the summer the city council approved a small cell technology tower at the light pole just over the bridge at Lake and 38th Street.This is just one of many you will start seeing throughout Newport. The city council and the cell companies claim these towers will provide a better wireless infrastructure which will provide faster cell service to our community. The opposition still believes there will be negative health effects! To be determined! NEWPORT ISLAND STORAGE SHED NEWPORT ISLAND ASSOCIATION MEMBERSHIP DRIVEDuring the park construction improvements our storage shed was torn down and the city approved replacing it with a new shed. After 8 months of back and forth with the city attorney, it appears we have reached an agreement to put in a new shed to match the surrounding area. Next step is to get the design and style of the shed approved by the building department. Hopefully, this won’t take as long as the shed agreement. It is that time of year again for our annual membership drive, Membership is open to homeowners, renters, family and all who enjoy Newport Island. The funds raised are used to support various services, (insurance, etc.), improvements, (storage shed) and Island events (Easter Egg Hunt, 4th of July Parade, Annual Island Meeting and Food Truck dinner, etc.). Your dues also pay for periodic bulletin reports, Annual Newsletter among others. There are several levels of which you can participate ranging from $50 to $1,000 and always we encourage our bigger donors to go above and beyond. Also, this year we are bringing back are Newport Island Store including an array of logo gear from hats to flags. With each level of membership participation you will receive some of these items and you can purchase separately. Look for the membership dues form to arrive at your door shortly or you can send in your dues now. Mail or drop off to Marty O’Hea’s house Checks payable to: NEWPORT ISLAND INC. 4001 Marcus Street or VENMO to @NEWPORT-ISLAND INC. Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Page 5 October 2020 | Newport Island News WEST NEWPORT UNDERGROUND UTILITY PROJECT The undergrounding of the utilities has been in the works for quite some time now and it will take at least in late 2021 before all the utility poles are removed and power is transferred. A good portion of the underground work is complete near Newport Island, but there is more work to be completed along Balboa Blvd. The green section on the map is what has been approved and utilities will be undergrounded. Channel Rd/ 44th St. / Balboa Blvd / 38th / River Ave. / 47th St. / Balboa Blvd / 45th St. and Newport Blvd./ 23rd St. / Ocean Front Blvd. / 31st St. SA N T A A N A RI V ER JE T T Y NE WP O RT PIE R L ID O PE NIN S UL A L ID O IS L E BA Y ISL A N D HA RB O R ISL A N D LIN D A IS L E NE WP O RT SH O RE S CO L L IN S IS LA N D BA L BO A PIE R F A S H I O N TH E W E D G E W E S T J E T T YE A S T J E T T Y BIG CO R O NA N E W P O R T D U N E S NO R T H ST A R BE A C H BALBOA ISLAND I S L A N D N E W P O R T C O A S T N E W P O R T R I D G E B u c k G u ll y S p y g l a s s C a n y o nB igC a n y o nHA RB O R E NT RA N CE CH A N N E L BA L B O A I SLA N D CHA NNELL I D O CH A N N E L NE W P O R TWE ST L ID O CH A NN E L TU R N IN G BA S I N B I G C A N Y O N RE S E R V O I R SA N JO A Q U IN R E S E R V O IR ( R e cl a i m e d W a te r ) U P P E RN E W P O R TB A Y SA N D IE G O C R E E K P A C I F I C O C E A N 68 69A 69B 69E 69D 69C 69F 69G 99-2 15 60 74 66 100 75 71 10 12 61 86 64 8 72 63 11 14 17 9 92 65 2 70 13 91 98 6 3 79 78 16 4 117 56 7 67 82 84 1 62 57 18 13 5 110 101 103 102 104 19 105 120 111 20 21 22 116 114 115 113 119 116B 80 114B 87 121 123 122 City Boundary DISTRICT STATUS COMPLETED APPROVED PROPOSED INACTIVE FAILED 3/5/2019 AssessDistricts2017_11X17.mxd Underground Assessment& Utility DistrictsPublic Works Department 1 OCEAN BLVD. 2 WEST COAST HWY. - RIVERSIDE AVE. TO MARINO DR. 3 EAST COAST HWY. - BAYSIDE DR. TO JAMBOREE RD. 4 EAST COAST HWY. - JAMBOREE RD. TO DAHLIA AVE. 5 JAMBOREE RD. - SAN JOAQUIN HILLS RD. TO SANTA BARBARA DR. 6 UPPER BAY BRIDGE. 7 WAY LANE. 8 SUPERIOR AVE. - WEST COAST HWY. TO TRACT 7817 BOUNDARY. 9 SUPERIOR AVE. - 15TH ST. TO INDUSTRIAL WAY. 10 BALBOA BLVD. AT "I" ST. 11 WEST COAST HWY. - NEWPORT BLVD. TO SANTA ANA RIVER. 12 EAST BAY FRONT - "J" ST. TO "M" ST. 13 PORTIONS OF WEST COAST HWY. & MACARTHUR BLVD. 14 ALLEY/NEWPORT BLVD. - RIVO ALTO TO ARCHES BRIDGE. 15 NEWPORT BLVD./BALBOA BLVD. MCFADDEN INTERSECTION - 19TH ST. TO 30TH ST. 16 BAYSIDE DR. - JAMBOREE RD./EL PASEO DR./ BAYSIDE DR./SEADRIFT DR. 17 SUPERIOR AVE. - PLACENTIA AVE. TO SOUTH OF TICONDEROGA ST. 18 SAN JOAQUIN HILLS RD. - SPYGLASS HILLS RD. TO EL CAPITAN DR. 21. HOSPITAL RD BETWEEN SUPERIOR AVE AND OLD NEWPORT BLVD. 22. BALBOA BLVD. BETWEEN COAST HWY W. AND 26TH ST. UNDERGROUND UTILITY DISTRICTS (RULE 20A) UNDERGROUND ASSESSMENT DISTRICTS (RULE 20B)19 SANTA ANA HEIGHTS - MESA DR./CYPRESS ST.20. MARINA PARK - 15TH ST TO 18TH ST, NORTH OF BALBOA BLVD W.56 CHINA COVE.57 CORONA HIGHLANDS.60 WEST BAY AVE. - 8TH ST. TO 15TH ST.61 BAY AVE. & EAST BAY FRONT - "J" ST. TO "M" ST.62 HAZEL DR. - SOUTH OF EAST COAST HWY.63 NEWPORT ISLAND.64 CHANNEL RD.65 WEST COAST HWY. - RIVERSIDE AVE. TO ROCKY POINT.66 BAY AVE. - 7TH ST. TO 8TH ST.67 ALLEY - FERNLEAF AVE./GOLDENROD AVE./SEAVIEW AVE./ BAYVIEW AVE.68 NEWPORT SHORES.69A ALLEY - SUMMIT ST. TO 61ST ST.69B SEASHORE DR. - 61ST ST. TO 54TH ST.69C LIDO SANDS DR.69D RIVER AVE.69E SEASHORE DR. - 54TH ST. TO 46TH ST.69F SEASHORE DR. - 46TH ST. TO 34TH ST.69G ALLEY - 34TH ST. TO 30TH ST.70 BAYSHORES.71 BALBOA BLVD. - "A" ST. TO "G" ST.72 BALBOA COVES.74 WEST BAY AVE. - 7TH ST. TO ISLAND AVE. & ISLAND AVE. - EDGEWATER BAY AVE.75 BALBOA BUSINESS DISTRICT - ADAMS ST./"A" ST./ OCEANFRONT/NEWPORT BAY.78 LITTLE BALBOA ISLAND.79 BEACON BAY.80 BEACON ST./SANTA ANA AVE./15TH ST.81 RIVER AVE. - CHANNEL PL. TO 38TH ST. (SEE 116)82 CORONA DEL MAR - GOLDENROD AVE./BAYVIEW DR./ HELIOTROPE AVE./OCEAN BLVD. 83 ALLEYS - EAST COAST HWY./MARIGOLD AVE./NARCISSUS AVE./SECOND AVE.84 SEAVIEW AVE./LARKSPUR AVE./JASMINE AVE.85 ALLEYS - MARGUERITE AVE./MARIGOLD AVE./SEAVIEW AVE./OCEAN BLVD. 86 ALLEY - "G" ST./CHANNEL RD./OCEAN BLVD./PUBLIC BEACH. 87 BALBOA ISLAND - BIG ISLAND (SEE 113 A-E) 88 COMBINED AS PART OF DISTRICT 101. 89 COMBINED AS PART OF DISTRICT 101. 90 COMBINED AS PART OF DISTRICT 101. 91 KINGS PL. - KINGS RD. 92 COAST HIGHWAY W. - TUSTIN AVE. (BETWEEN AVON ST. & CLIFF DR.) 93 RIVER AVE./38TH ST./BALBOA BLVD./44TH ST. 94 BAYSIDE DR./PACIFIC DR./BEGONIA AVE./FIRST AVE. (SEE 117) 95 (PART of 103) E. BALBOA BLVD./CHANNEL RD./OCEAN BLVD./"L" ST. 96 COMBINED AS PART OF DISTRICT 101. 98 ST. JAMES RD./ST. JAMES PL./KINGS PL./15TH ST. 99-2 BALBOA BLVD./14TH ST./WEST OCEAN FRONT/ 19TH ST/NORTH & SOUTH OF BALBOA BLVD 100 BALBOA BLVD./WEST OCEAN FRONT/ADAMS ST./13TH ST. 101 LINDO AVE./EDGEWATER AVE. E/ADAMS AVE./BALBOA BLVD E. 102 32ND ST./LAFAYETTE AVE./28TH ST./NEWPORT BLVD. 103 G ST./BALBOA BLVD E./L ST./OCEAN BLVD. 104 POPPY AVE. TO HAZEL AVE. FROM COAST HWY. TO FIFTH AVE. 105 FINLEY TRACT. 107 LA JOLLA AVE./SANTA ANA AVE./CLIFF DR. (SEE 118) 108 15TH ST./SAN BERNARDINO AVE./CLIFF DR./TUSTIN AVE. (SEE 118) 109 15TH ST./TUSTIN AVE./CLIFF DR./IRVINE AVE. (SEE 114) 110 IRVINE AVE./HIGHLAND AVE./MARINERS DR./DOVER DR. 111 NEWPORT BLVD/23RD ST/OCEAN FRONT W/31ST ST 113 AGATE AVE/BAY FRONT N/BAY FRONT S/COLLINS ISLE 114 CLIFF DR./TUSTIN AVE./15TH ST./IRVINE AVE. B CLIFF DR/RIVERSIDE AVE/15TH ST/TUSTIN AVE 115 BAYSIDE DR./HELIOTROPE AVE./OCEAN BLVD./JASMINE AVE. 116 CHANNEL RD/44TH ST/BALBOA BLVD/38TH ST B. RIVER AVE/47TH ST/BALBOA BLVD/45TH ST 117 BAYSIDE DR./AVOCADO AVE./COAST HWY E./CARNATION AVE 118 15TH ST./TUSTIN AVE./CLIFF DR./NEWPORT BLVD. 119 MARGUERITE AVE/HAZEL DR/FIFTH AVE/OCEAN BLVD 120 SANTA ANA AVE/BROAD ST/OLD NEWPORT BLVD/CLIFF DR 121 AVOCADO AVE/ACACIA AVE 122 BALBOA BLVD W/45TH ST/32ND ST 123 15TH ST/BALBOA BLVD/BAY AVE W/8TH ST 0 2,5001,250 FeetI PACIFIC COAST HWY LANDSCAPE PROJECT SHORT TERM RENTAL ORDINANCE PHASE 1 Pacific Coast Hwy center median and sidewalk planters in West Newport from Newport Shores to Newport Blvd. was completely re-landscaped. The old 70’s plants and trees were torn out and replaced with new drought tolerant succulents, palms and rock accents. It looks great! After months of heated debate on the subject of Short Term Rentals on Newport Island and throughout Newport the City Council voting to enact Phase 1 of a Short Term Rental Ordinance to clean up an industry that has taken over neighborhoods like Newport Island all over Newport. We currently have 17 active STR licenses (approx 14 being used) and the dynamic of our island has undergone a new look with new tenants flowing in and out of these Short term rentals weekly if not every 3-4 days. With this new transient group comes a whole new set of challenges (noise, parking violations, excessive occupancy and trash, and a multitude of nuisance problems). The new ordinance went into effect in August to address the majority of these issues and now we are closely watching to see if code enforcement will issue violations to get suspensions and revocations for the bad actors. If you are having any problems with Short Term Rentals near your house please see the contact list on the last page for the police and code enforcement numbers. It will take all of us working together to clean up this situation. THANK YOU TO ALL THE SHORT TERM RENTAL OWNERS WHO HAVE ALREADY IMPLEMENTED SOME OR ALL OF THESE POLICIES AND RUN A CLEAN OPERATION. SA N T A A N ARI V ER JE T T Y NE WP O RT PIE R L ID O PE NIN S UL A L ID O IS L E BA Y ISL A N D HA RB O R ISL A N D LIN D A IS L E NE WP O RTSH O RE S CO L L IN S IS LA N D BA L BO A PIE R F A S H I O N TH E W E D G E W E S T J E T T YE A S T J E T T Y BIG CO R O NA N E W P O R T D U N E S NO R T HST A RBE A C H BALBOA ISLAND I S L A N D N E W P O R T C O A S T N E W P O R T R I D G E B u c k G u ll y S p y g l a s s C a n y o n B igC a n y o n HA RB O R E NT RA N CE CH A N N E L BA L B O A I SLA N D CHANNELL I D O CH A N N E L NE W P O R TWE ST L ID O CH A NN E L TU R N IN G BA S I N B I G C A N Y O N RE S E R V O I R SA N JO A Q U IN R E S E R V O IR ( R e cl a i m e d W a te r ) U P P E RN E W P O R TB A Y SA N D IE G O C R E E K P A C I F I C O C E A N 6869A69B69E 69D69C 69F 69G 99-2 15 60 74 66 100 75 71 10 12 61 86 64 8 72 63 11 14 17 9 92 65 2 70 13 91 98 6 3 79 78 16 4 117 56 7 67 82 84 1 62 57 18 13 5110 101 103 102 104 19 105 120 111 20 21 22 116 114 115 113 119 116B 80 114B 87 121 123 122 City Boundary DISTRICT STATUS COMPLETED APPROVED PROPOSED INACTIVE FAILED 3/5/2019 AssessDistricts2017_11X17.mxd Underground Assessment& Utility DistrictsPublic Works Department 1 OCEAN BLVD. 2 WEST COAST HWY. - RIVERSIDE AVE. TO MARINO DR. 3 EAST COAST HWY. - BAYSIDE DR. TO JAMBOREE RD. 4 EAST COAST HWY. - JAMBOREE RD. TO DAHLIA AVE. 5 JAMBOREE RD. - SAN JOAQUIN HILLS RD. TO SANTA BARBARA DR. 6 UPPER BAY BRIDGE. 7 WAY LANE. 8 SUPERIOR AVE. - WEST COAST HWY. TO TRACT 7817 BOUNDARY. 9 SUPERIOR AVE. - 15TH ST. TO INDUSTRIAL WAY. 10 BALBOA BLVD. AT "I" ST. 11 WEST COAST HWY. - NEWPORT BLVD. TO SANTA ANA RIVER. 12 EAST BAY FRONT - "J" ST. TO "M" ST. 13 PORTIONS OF WEST COAST HWY. & MACARTHUR BLVD. 14 ALLEY/NEWPORT BLVD. - RIVO ALTO TO ARCHES BRIDGE. 15 NEWPORT BLVD./BALBOA BLVD. MCFADDEN INTERSECTION - 19TH ST. TO 30TH ST. 16 BAYSIDE DR. - JAMBOREE RD./EL PASEO DR./ BAYSIDE DR./SEADRIFT DR. 17 SUPERIOR AVE. - PLACENTIA AVE. TO SOUTH OF TICONDEROGA ST. 18 SAN JOAQUIN HILLS RD. - SPYGLASS HILLS RD. TO EL CAPITAN DR. 21. HOSPITAL RD BETWEEN SUPERIOR AVE AND OLD NEWPORT BLVD. 22. BALBOA BLVD. BETWEEN COAST HWY W. AND 26TH ST. UNDERGROUND UTILITY DISTRICTS (RULE 20A) UNDERGROUND ASSESSMENT DISTRICTS (RULE 20B)19 SANTA ANA HEIGHTS - MESA DR./CYPRESS ST.20. MARINA PARK - 15TH ST TO 18TH ST, NORTH OF BALBOA BLVD W.56 CHINA COVE.57 CORONA HIGHLANDS.60 WEST BAY AVE. - 8TH ST. TO 15TH ST.61 BAY AVE. & EAST BAY FRONT - "J" ST. TO "M" ST.62 HAZEL DR. - SOUTH OF EAST COAST HWY.63 NEWPORT ISLAND.64 CHANNEL RD.65 WEST COAST HWY. - RIVERSIDE AVE. TO ROCKY POINT.66 BAY AVE. - 7TH ST. TO 8TH ST.67 ALLEY - FERNLEAF AVE./GOLDENROD AVE./SEAVIEW AVE./ BAYVIEW AVE.68 NEWPORT SHORES.69A ALLEY - SUMMIT ST. TO 61ST ST.69B SEASHORE DR. - 61ST ST. TO 54TH ST.69C LIDO SANDS DR.69D RIVER AVE.69E SEASHORE DR. - 54TH ST. TO 46TH ST.69F SEASHORE DR. - 46TH ST. TO 34TH ST.69G ALLEY - 34TH ST. TO 30TH ST.70 BAYSHORES.71 BALBOA BLVD. - "A" ST. TO "G" ST.72 BALBOA COVES.74 WEST BAY AVE. - 7TH ST. TO ISLAND AVE. & ISLAND AVE. - EDGEWATER BAY AVE.75 BALBOA BUSINESS DISTRICT - ADAMS ST./"A" ST./ OCEANFRONT/NEWPORT BAY.78 LITTLE BALBOA ISLAND.79 BEACON BAY.80 BEACON ST./SANTA ANA AVE./15TH ST.81 RIVER AVE. - CHANNEL PL. TO 38TH ST. (SEE 116)82 CORONA DEL MAR - GOLDENROD AVE./BAYVIEW DR./ HELIOTROPE AVE./OCEAN BLVD. 83 ALLEYS - EAST COAST HWY./MARIGOLD AVE./NARCISSUS AVE./SECOND AVE.84 SEAVIEW AVE./LARKSPUR AVE./JASMINE AVE.85 ALLEYS - MARGUERITE AVE./MARIGOLD AVE./SEAVIEW AVE./OCEAN BLVD. 86 ALLEY - "G" ST./CHANNEL RD./OCEAN BLVD./PUBLIC BEACH.87 BALBOA ISLAND - BIG ISLAND (SEE 113 A-E)88 COMBINED AS PART OF DISTRICT 101.89 COMBINED AS PART OF DISTRICT 101.90 COMBINED AS PART OF DISTRICT 101.91 KINGS PL. - KINGS RD.92 COAST HIGHWAY W. - TUSTIN AVE. (BETWEEN AVON ST. & CLIFF DR.)93 RIVER AVE./38TH ST./BALBOA BLVD./44TH ST.94 BAYSIDE DR./PACIFIC DR./BEGONIA AVE./FIRST AVE. (SEE 117)95 (PART of 103) E. BALBOA BLVD./CHANNEL RD./OCEAN BLVD./"L" ST.96 COMBINED AS PART OF DISTRICT 101.98 ST. JAMES RD./ST. JAMES PL./KINGS PL./15TH ST.99-2 BALBOA BLVD./14TH ST./WEST OCEAN FRONT/ 19TH ST/NORTH & SOUTH OF BALBOA BLVD100 BALBOA BLVD./WEST OCEAN FRONT/ADAMS ST./13TH ST.101 LINDO AVE./EDGEWATER AVE. E/ADAMS AVE./BALBOA BLVD E. 102 32ND ST./LAFAYETTE AVE./28TH ST./NEWPORT BLVD. 103 G ST./BALBOA BLVD E./L ST./OCEAN BLVD. 104 POPPY AVE. TO HAZEL AVE. FROM COAST HWY. TO FIFTH AVE. 105 FINLEY TRACT. 107 LA JOLLA AVE./SANTA ANA AVE./CLIFF DR. (SEE 118) 108 15TH ST./SAN BERNARDINO AVE./CLIFF DR./TUSTIN AVE. (SEE 118) 109 15TH ST./TUSTIN AVE./CLIFF DR./IRVINE AVE. (SEE 114) 110 IRVINE AVE./HIGHLAND AVE./MARINERS DR./DOVER DR. 111 NEWPORT BLVD/23RD ST/OCEAN FRONT W/31ST ST 113 AGATE AVE/BAY FRONT N/BAY FRONT S/COLLINS ISLE 114 CLIFF DR./TUSTIN AVE./15TH ST./IRVINE AVE. B CLIFF DR/RIVERSIDE AVE/15TH ST/TUSTIN AVE 115 BAYSIDE DR./HELIOTROPE AVE./OCEAN BLVD./JASMINE AVE. 116 CHANNEL RD/44TH ST/BALBOA BLVD/38TH ST B. RIVER AVE/47TH ST/BALBOA BLVD/45TH ST 117 BAYSIDE DR./AVOCADO AVE./COAST HWY E./CARNATION AVE 118 15TH ST./TUSTIN AVE./CLIFF DR./NEWPORT BLVD. 119 MARGUERITE AVE/HAZEL DR/FIFTH AVE/OCEAN BLVD 120 SANTA ANA AVE/BROAD ST/OLD NEWPORT BLVD/CLIFF DR 121 AVOCADO AVE/ACACIA AVE 122 BALBOA BLVD W/45TH ST/32ND ST 123 15TH ST/BALBOA BLVD/BAY AVE W/8TH ST 0 2,5001,250 FeetI Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Page 6 October 2020 | Newport Island Events 4th of July COVID Style 4th of July COVID Style 4th of July COVID Style Halloween 2019 4th of July COVID Style Halloween 2019 Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Page 7 October 2020 | Newport Island Events Easter PartyEaster Egg Hunt Easter 2019 2019 Summer Kickoff Potluck 2019 Summer Kickoff Potluck Praise & Worship COVID Style Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Page 8 October 2020 | Newport Island News David Prince Pacific Sotheby’s International Realty Cell: 949-500-1746 | Fax: 949-554-1284 dprince@pacificsir.com | DRE #00580854 REAL ESTATE MARKET OVERVIEW Newport Island: PAST 18 MONTHS AS OF SEPTEMBER 1, 2020 The real estate market in Newport Beach as a whole and Newport Island specifically is currently experiencing low inventory of active listings and can best be described a strong seller’s market. Historically low interest rates coupled with surprisingly strong buyer demand has resulted in upward pressure on values. Currently there are no active listings on Newport Island and four pending sales. TREASURER’S REPORT BY MARTY O’HEA As of 9/01/20 our treasury balance is currently $11,290. This balance will be depleted after we pay for the storage shed, Christmas lights and end of summer annual meeting with food truck. Thank you for your continued generous support which allows us to improve and beautify our community. You may pay your membership using Venmo to @Newport-Island or you may send a check for your desired amount payable to Newport Island Inc. 4001 Marcus Ave. Newport Beach, CA 92663 Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Page 9 October 2020 | Newport Island News GOOD NEIGHBOR POLICY NEWPORT ISLAND RESIDENTS PARKING POLICY Use your garage and your onsite parking areas efficiently when possible to park all your vehicles. It really helps to free up street parking. Don’t unnecessarily use up valuable street parking spots. DO NOT PARK IN RED ZONES OR ON SIDEWALKS! Ask your guests to park off the island when possible and/or use bikes or Ride Share (Uber or Lyft) to reduce congestion. On-street parking is extremely limited (50 +- total spots) for 120 homes. Be mindful when parking on the street by maximizing all street parking spots. NOISE POLICY There is a 8am to 10 pm Noise Enjoyment period that we ask you to follow during the week and 10 am to 12 midnight on the weekends. After these hours move your gathering inside and close up all windows and doors and be conscious of how noise is traveling into your neighbors homes. No foul or obscene language on your premises and no disorderly conduct. DRIVING POLICY No Speeding. Keep to 10-15 mph Fully Stop at all STOP signs Be conscious of children playing and people crossing the street PET PAWLICY Please use the designated areas for your dog to do their business, DO NOT LET YOUR DOG PEE OR POOP ON YOUR NEIGHBOR’S PROPERTY (THEIR GARAGES, TRASH CANS, GRASS, BUSHES, ETC.) Keep your dog on a leash at all times! CONTACT AND NUISANCE POLICY If you are having challenges with your neighbor, talk with them about the situation and work it out when possible. SMOKING POLICY Please no smoking of any kind outside. If you smoke inside please take care to not let second hand smoke flow into your neighbor’s house. We have a lot of small children and elderly residents in the neighborhood that don’t need to be subject to second hand smoke. BASICALLY BE A GOOD NEIGHBOR!!!!!!!! Here is our Good Neighbor Policy, please take a few minutes to Read and Review. If we all follow these simple respectful policies, our island with become the best place to live in Newport! Please note I have also provided a set of Good Neighbor Policies to our Short Term Rental Owners and Management Companies and asked them to also be good neighbors. If we can all make little adjustments, I believe we will all see the positive change we all desire. Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) NEWPORT ISLANDNews Newport Beach Police (non-emergency). 949-644-3717 Newport Beach Code Enforcement 949-644-3215 Newport Beach Harbor Master. 949-270-8159. VHF Channel 19 Newport Beach Parking Control 949-644-3717 Orange County Sheriff Harbor Patrol 949-723-1002 CR&R (refuse collection) 866-949-9694 Important phone numbers: Your City Councilwoman: Diane Dixon ddixon@newportbeachca.gov Email the entire City Council and City Manager Grace Leung at citycouncil@newportbeachca.gov Here are your current hardworking Newport Island Community Association Acting Board Members and how to reach them: Mark Markos President msm619@ymail.com 949-524-6094 Jeff Friedman jfriedman@turnerfiber.com 714-620-5132 Marty O’Hea Treasurer mohea@bixbyland.com 949-300-9042 Richard Wolpow rwolpow@poenettech.com 949-632-6762 Chris Harano Vice President and Secretary chris@hurano.com 949-842-7603 Scott McFetters mcfetters@outlook.com 714-343-1657 Larry Leifer lawrelei@gmail.com 949-290-2627 Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) From:Bud Reveley To:chris@harano.com Cc:Gary Cruz; Jeff Friedman; Jim Miller; Joe Bowerbank; Ken Keirstead; Larry Leifer; Mark Markos; Marty O"Hea; Michael Veal; Richard Wolpow; Roger Saxton; Scott McFetters; Thomas Hoictan; Winfield Wells; blueand.tv@gmail.com; citycouncil@newportbeachgov.org; drs690@gmail.com; kawrelei@gmail.com; mundocane@yahoo.com; pennyreveley@gmail.com; Planning Commissioners; rlmequities@gmail.com Subject:Re: Owner Occupied, Ban and End New Permits on Newport Island in the Interim Date:Thursday, November 26, 2020 10:53:12 AM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Thank you! On Mon, Nov 23, 2020 at 5:24 PM chris@harano.com <chris@harano.com> wrote: Dear Planning Commissioners, Thank you for taking the time to discuss and review the STR issues on Newport Island. STR has been a topic of discussion among community residents for the past several months. I have attached some information we shared with the City Manager this past summer including the results of our community survey. It is a brief power point but it touches on some of the major concerns we have as long term residents and home owners and hopefully gives you some perspective on how we perceive the issues. Thank you, Chris Harano On Nov 23, 2020, at 3:21 PM, Scott McFetters <smcfetters@coretechleasing.com> wrote: Dear Planning Commissioners, I hope you had a great weekend! You will be receiving a lot of emails regarding our ongoing STR issues that you should be in fear if it happens in your neighborhoods. Newport Island is a very small island in the shape of a triangle with only one egress and ingress. It is the oldest Island in Newport. There are fire lanes on one side of each street and severely angled turns. There are around 90 plus single family homes and 20 plus duplexes some of which are utilized as single family homes. Until two years ago the island was almost 100 percent owner occupied or long term rentals. Most of the houses are small on lots that average about 3,000 square feet. bedrooms face the channels and hear all the noise of the STR rentals that want to stay outside all night. Most of us go to work, school, work at home or get up early. The STR’s have dictated when we go to sleep and when we wake up during the night. They have recently ruined our quality of life and the character of Newport Island. Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) The Edwards family owned and controlled a good portion to the Newport Island until recent years. There is a park on Newport Island, underground utilities, a flashing stop sign on 38th street to cross over to the ocean, an upgraded bride. Due to the on going parking problems and safety concerns Newport Island is the only parking permitted Island in Newport and maybe the only neighborhood in Newport Beach. The biggest concerns of the Newport Island residents were organizing all the Newport Island community events and working on the storage shed solution for the park. There were very little problems on this peaceful Island until the short term rentals exploded from around to around 18 about two years ago. It has been hotel hell with STR businesses operating in our neighborhood without regard to the character, safety, quiet enjoyment, parking, noise, litter, water pollution and complete disrespect to the long term residents. The local reputable STR companies even agree that Newport Island is not a fit or the STR business due to the reasons already mentioned among others. Even some of the employee’s of the bad operators agree that is not a fit because there is not parking, some of their units only have one parking space and they allow 10 plus people to stay there including business functions with multiple different people coming in and out with over 10 cars. For example 3717 Channel was a 2 bedroom house until it became a STR. Now it is a 4 bedroom house with a bedroom in a kitchen nook and a closet. Avantstay and the owner just stuff them in but the city will not inspect because of Covid-19 even though it is obvious that the rooms and other work was probably not permitted. The lot is also 2,300 square feet and the house is listed as just over 1,500 square feet on some real estate sights or around 2,000 with the city? What is it because it impacts the character of the neighborhood when the average house has 3 or 4 people maybe but they are bringing in 10 plus visiting or other unregistered guests. The new ordinance regarding occupancy is horrible even though the though was there to help. The city is using fire code which is the MAXIMUM that should be in a building, period. If you have a 2,800 square foot house you can have 14 people stay there. The other option was based on the amount of bedrooms plus 2 but they did not want to inspect bedrooms. I have seen other cities do it by fire code or amount of bedrooms plus two whichever is less. That still will not work in our neighborhood without ruing the character since the long term residents usually have less than 3 or 4 people at there houses and don’t party outside with voices and other noise carrying across the water our up to the bedrooms next door or across the channel. There is not fix or fit. STR’s do not work. Because short term rentals are new to Newport Island we don’t have the long history of repeat clients like Balboa Island, other areas on the peninsula, etc. We have the out of town newcomers such as Avantstay and Seabreeze that could care less where Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) they put in a new STR as long as they get new clients to show growth for their investors. We are the island off last minute misfit STR’s that allow parties, business functions, multiple dogs, smoking, and anything they can do to keep it occupied. We have seen it all. Naked people, dogs running in the channel mud and grass at low tide, passed out people on the edge of rolling off into the channel, drugs, a lot of alcohol, arrests, blocked streets, blocked fire hydrants, blocked cars, blocked garages, noise and more noise, illegal businesses, prison tattooed tenants, uber drivers, STR cleaners, STR repair people, STR food deliveries, STR package deliveries, STR rental bike deliveries, STR paddle board deliveries, etc.. With not place to park so they block streets or our garages. They have had plenty of time to try to work with the neighbors but they have not. There was also no ability for Newport Beach to enforce any issues other than huge parties until recently. They keep cramming herds of people into small houses and small lots. It is so out of character for the neighborhood that is obvious which houses are STR’s. We are here to take our neighborhood back before it is to late. STR’s do not work and never will on Newport Island. It’s a complete failure. We would like a permanent ban, but owner occupied is the second best options unless you can ban any STR’s for safety purposes that any Newport Island with one egress and ingress. That would allow Balboa Island to continue if that’s what the residents support. We would also like no more permits to be issued in the interim of Coast Commissions review. We will not give up and we have the momentum with Costa Mesa, Huntington Beach, Laguna Beach, Santa Monica and cities all over the state of California and country taking the sides of their residential neighborhoods before the outside business interests in residential neighborhoods. The City made a big mistake creating this STR hell without out any type of study including traffic, noise, pollution, etc. on Newport Island. Please do the right thing and end our pain. More emails to follow. Best regards, Scott McFetters From: Scott McFetters Sent: Friday, July 24, 2020 11:05 AM To: planningcommissioners@newportbeachca.gov Cc: Mark Markos <msm619@ymail.com>; Chris Harano <chris@harano.com>; Jim Miller <newportislandjim@gmail.com>; Larry Leifer <lawrelei@gmail.com>; Mike Veal <mike@goldcoastglass.com>; Ken Keirstead <ken@eclecticfinishes.com>; Bud Reveley <budreveley@gmail.com>; Marty O'Hea <mohea@bixbyland.com>; Roger Saxton <roger@catalinacomponents.com>; citycouncil@newportbeachgov.org Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Subject: Re: Ban Short Term Rentals on Newport Island Dear Planning Commissioners, I hope all is well. I felt for you last night. How can you vote on something that others have been working on for 2 years in the last last minute? Many of you asked about Newport Island. The Newport Island homeowners Association’s recent survey had 85% of the residents not wanting STR’s. I am resending my prior email because it covers most of the issues. The city is turning a residential neighborhood into hotel row and it does not work. 70 houses on the water an it only takes two STR’s out talking and laughing outside all night to keep houses up. Same thing at 6:00 am. The last two rentals next door were companies which bring shifts of people in and out. All the cars and constant noise. A lot of people are working out of their houses and kids our taking online school courses only to live next to a revolving door. Party, party, party... There seemed to be a lot of concern for the 6 or so neighbors on Santiago because they are going to split one large lot. Our lots are mostly 30 feet long with no high walls between them and one bad actor can impact the entire channel that they are located on. We also have the echos in the alleys. We only had 2 or 3 STR’s on the island until the last 18 months. I am sure many of the owner operator’s have repeat families. We mostly get out of town operators like Avantstay and Seabreeze with multiple families or groups or people who get one house and cheap hotel rooms. There is usually at least 3 or 4 cars per house not including their and some houses only have one spot including street parking. Why are the short term rental companies or an alliance of smaller players not obligated to provide private security like hotels. The operators around us not involved. The get a code and the pary gets to begin with no on person onboarding. The neighbors become the unpaid and overworked security. This needs to end. STR’s do not work on Newport Island and we will not allow it to become a duplex rental zone like it is across the bridge. Please look up Santa Monica’s recent STR case that is final which only allows owner occupied and it is my understanding that it gets around Coastal Commission. That is what we want on Newport Island for immediate relief of our STR hell. It will only increase the property tax intake and will not impact a vast majority of the STR business in Newport that are predominantly in areas that are mostly STR duplexes vs. single family home or R-2 that is utilized as single family like we are on Newport Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Island. Other parts of Newport and Corona Del Mar have similar issues but not the massive disruption, character change and problems we have had in the last year. We will take any measures necessary protect our neighborhood. Please read below and call me anytime if you have questions. Best regards, Scott McFetters 714-343-1657 Begin forwarded message: From: Scott McFetters <smcfetters@coretechleasing.com> Date: July 21, 2020 at 4:22:00 PM MDT To: "planningcommissioners@newportbeachca.gov" <planningcommissioners@newportbeachca.gov> Cc: Mark Markos <msm619@ymail.com>, Larry Leifer <lawrelei@gmail.com>, Chris Harano <chris@harano.com>, Ken Keirstead <ken@eclecticfinishes.com>, Marty O'Hea <mohea@bixbyland.com>, Jeff Friedman <jfriedman@turnerfiber.com>, Richard Wolpow <rwolpow@pocnettech.com>, "mike@goldcoastglass.com" <mike@goldcoastglass.com>, Jim Miller <newportislandjim@gmail.com>, "citycouncil@newportbeachca.gov" <citycouncil@newportbeachca.gov>, "budreveley@gmail.com" <budreveley@gmail.com>, "thomas@stratcomponent.com" <thomas@stratcomponent.com>, "rlmequities@gmail.com" <rlmequities@gmail.com>, "pennyreveley@gmail.com" <pennyreveley@gmail.com>, Roger Saxton <roger@catalinacomponents.com>, "acooperz@gmail.com" <acooperz@gmail.com>, "msannaplamer@gmail.com" <msannaplamer@gmail.com>, "stacywyatt68@gmail.com" <stacywyatt68@gmail.com>, "patrickmccracken1@gmail.com" <patrickmccracken1@gmail.com> Subject: Ban Short Term Rentals on Newport Island Dear Newport Beach Planning Commission, I hope your day is going well! Short term rentals are a disaster on Newport Island and should be banned. They don't work on Newport Island period. To many people, not enough parking and we are a residential community. Not an un-supervised hotel row. As immediate relief we need owner occupied because of the mess we are in due to past incorrect zoning issues for Newport Island. Another big issue will be illegal short-term rentals. 515 36th ( No short-term rental permit ) has had six different groups stay there recently. Only two citations ( people won't answer the door for code enforcement, probably by instruction ) and the people get to stay anyway. They are not asked to leave. When will that end and what is the City of Newport Beach going to do about that? A small fine and the homeowner makes thousands and the city gets whatever the illegal short-term rental Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) reports and we get the noise, pot smoking and the ongoing party without any punitive consequences for the owner? The residents on Newport Island do not want short term rentals per my prior email to city council below. We pay taxes and want higher home values. We did not buy into this zoo the City has created it and we want the planning department to fix it. It's not to late for Newport Island and we won't let it happen. Please see below. I hope all is well. I will start off with a reminder of one weekend on Newport Island pre-Covid-19. Please see the attached pictures and prior email below. I have a lot more pictures and video of other Newport Island STR issues if anyone would like to request. Next Tuesday is a big day for Newport Island and other neighborhoods that are negatively impacted by Short Term Rental businesses that are being run out of our neighborhoods. It is a time for the Newport Beach City Council and the City of Newport Beach to take responsibility for issuing STL permits on Newport Island which is a residential Island regardless of what the current zoning states or how the STR permits are currently issued or enforced. That is another entirely connected Newport Beach planning issue. You can't run a business without policies, rules, regulations and enforcement which could include closure. There are over 100 plus homes on Newport Island and less than 30 lots listed as duplexes. Out of the less that 30 lots some are utilized as single family homes. Newport Island is a true residential Island that is different than other neighborhoods that are mostly duplexes with some single family houses. We did not have a STL problem or awareness until they showed up next door and around the Island which have two addresses. Two or three prior to over 16 in just over a year. We still have not seen the full impact because of Covid- 19 regulations. I am asking for a complete STR ban on Newport Island. STR's do not work and will never work on a true small residential Island that the vast majority of residents do not want STR's. Newport Island does not have the shape, parking, space, lot size, house size, access, noise controls, regulations and enforcement to support it. The vast majority of Newport Island does not want any more disrespect, noise, dog issues, parties, crime, traffic, speeding, trespassing, fireworks, intimidation, etc. due to unacceptable increase of STR permits in the last year. The person who signs the lease. The others who stay that aren't on the lease. The others who visit during the day. The others that party at night. Unlike other surrounding areas Newport Island is still a true residential neighborhood that did not have a STR issue until last year. It can still be solved with a City Council Vote and presenting solid support to the Coastal Commission. A vast majority of the Newport Island residents do not want STR's. Especially anyone who lives next to one. There is one resident who lives and the property and has a STR permit. The other exceptions of people who want STR's on the Newport Island don't live permanently on the Island. They also have the right to voice their opinion. However, some might be the same people fighting any short Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) term rentals that might be in their permanent neighborhood and would not want one next door if they lived on the island. SPON has a great report out on STR's. So does CDM. Newport Island's survey will be released shortly. Huntington Beach does not allow short term rentals. Laguna has very few and they are highly regulated. The trend is to get rid of them all together or regulate the hell the out of them. Wake up Newport... I have called the different departments in the City of Newport Beach and asked for traffic studies or other studies that support the City issuing STR Permits on Newport Island. I have not found one yet. What I do know is a triangle is the worst possible shape to be in for an island if it needs parking spots. I am sure that is the reason that Newport Island is one, if not the only neighborhood in Newport Beach that has permitted parking because of the long known parking issues on the island. Forget, construction, City water pump trucks, maintenance workers and regular family visitors. How do the STR fit into the equation with their multiple cars, dogs, family, friends and volume of people for their summer parties? Short Term Rentals park illegally by blocking fire lanes, sidewalks, garages, alleys and the main streets causing major safety and liability issues. Let's not forget about putting 10 plus people in a 1,900 square foot house on a 2,300 lot which was a 2 bedroom converted to a 4 bedroom ( 3717 Channel, feel free to google ). One bedroom used to be a closet the other room was a dining room. The renters can't fit inside so they go outside and make all the noise outside which travels over the water or next door into our bedroom. They should have no more than 6 people in a house like that and that is pushing it. Still no Code Enforcement investigation after 6 months because they can't enter? This is the same house that has one small garage that a large truck, SUV or Van cannot fit in and there is not a driveway so they park illegally over the sidewalk for part in the red emergency vehicle zone. Not having one legitimate parking space but letting 10 plus people over? This is where Code Enforcement should be earning its money and come up with solutions to the problems they see instead of saying they can't do anything about it? Don't issue anymore STR permit's until the holes are filled. Simple. If you see a problem work on fixing it like we all have to do. How can the permanent City employees not see what's going on? One of the many things that we all agree on is that the owners, operators and renters should all be held accountable. This means getting rid of the bad owners, operators, no more STR subleases, punitive fines ( make it hurt ), kicking problem tenants out immediately, taking permits away. Any nuisance such as illegal parking and mortars should count towards revoking a permit. The owner will have to think twice if they have the space or parking to support more than 4 or 6 people in their house. We as a neighborhood are not taking it anymore and will be calling the owners and owners of the operators in the middle of the night after we call the police if their tenants keep us up for any reason. The owners should have skin in the Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) game. If they want to rent for less than 30 days then they should have to also live on the property. I am sure that would fix most issues quickly. Since most of the STR' permits were approved in the last year very few are impacted by having to rent more than 30 days. Please do the right thing and ban Short Term Rentals from Newport Island. Please feel free to contact me anytime to discuss. I am here to assist. Best regards, Scott McFetters 714-343-1657 -----Original Message----- From: Scott McFetters Sent: Monday, March 2, 2020 9:40 AM To: hmoss@nbpd.com Subject: Short Term Rentals Issues from this weekend! Specifically 3717 and 3806 Channel ( Avantstay.com) I hope everyone had a great weekend! I have attached the following pictures and police call logs from this weekend! Just and another 10 guys staying next door at 3717 Channel and another 10 of their friends staying next door at 3806 Channel is a residential neighborhood. What could go wrong? Please see all the attached pictures. This is going to become a legal issue soon if the city does not step up and protect our quality of life and our overall security. 3806 recently had all its patio furniture stolen and 3717 had a Kayak stolen. Please not that the police call log does not note specific addresses. It does not reflect all calls and it proves that the officers go out and ask people to move their cars instead of ticket. The same group of guys just kept doing it all weekend and got away with it. They said the officer let them off on Friday because it was the first night. They took full advantage the rest of the weekend with the 8 plus cars between the two houses. The 3717 does not even have a legitimate one car garage. You cannot fit a SUV in with without blocking the sidewalk. I called Friday at 4:04 PM about 3717 Channel. Truck blocking sidewalk and fire lane. Officer had them move. Called at Saturday at 8:04am Same truck blocking sidewalk and fire lane. Per the picture the truck at 3806 was parked illegally all weekend. Blocking the sidewalk and also leaving the gate blocking the sidewalk. Saturday morning the guys left their drunk friend passed out one foot from falling in the channel per the pictures. By the way my dog was barking all night because that guy was making noises outside all night. No one was home and I contacted Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Avantstay. Gets better. I go on a walk the dog when I get home around 10:00pm and one of the short term rental guys at 3717 was asking if I complained about noise and that they are getting a bunch of harassment for parking as his white car was parked illegally in the fire lane. He continued to tell me was to drunk to drive and was only going to move it in the driveway. I told him there is 10 of them so one of them can move it or they will get a ticket. They said there is no parking on the island so they had other cars parked at Pavillion's. They said that Avantstay gave them no special rules for the neighborhood or parking. He never moved so I called about all three cars that were parked illegally at 3717,3806 and the end of 38th. To my knowledge none were cited. However they arrested someone in front of my house and my guess is it was one of the drunk short term renters. You call can investigate that one. A picture is attached. Anyone who thinks it is an enforcement under current protocol is nuts. You should use the call log and not the actual cited complaints as your reference. It is not accurate. Everyone that comes in does the same thing. I am asking that 3717 and 3806 get their permits pulled. 3806 is and ongoing party house and was mentioned about the naked woman and pot. I witnessed it along with many others including at lease 4 police cars if not 6. Let's not forget two large dogs at 3717 jumping of the dock on low tide and running all over the low tide habitat and leaving two large dog craps that are probably still floating around the channel. Some of you have already seen the pictures. I am sure it destroyed some eel grass? We haven't even discussed possible code violations that have already been brought up regarding both houses. When will that be enforced? Enough is enough. Best regards, Scott McFetters 714-343-1657 Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) From:Penny Gilbert To:Planning Commissioners; Dept - City Council; undisclosed recipients Subject:Newport Island Short Term Rentals Date:Friday, November 27, 2020 12:19:48 PM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. I am writing to you once again regarding the Short Term Rental situation on Newport Island as I understand that you will be meeting on December 3, 2020 to discuss an amendment to the Local Coastal Program Implementation Plan and I want to go on record as being in favor of the suggested changes. I am the owner of the property at 409 38th St. which has been continuously owned by the Gilbert family since 1946. It was purchased as a vacation property as were many of the small beach cottages on Newport Island in the early days. The R-2 zoning was probably an error in the beginning because it allowed subsequent owners to become landlords and speculators. Today, Newport Island has become overbuilt and is now the place where investment speculation has become a problem. Recent buyers are heavily taxed and some have resorted to renting their properties out like hotels to pay the property taxes and mortgages payments their speculation has produced. Those of us who have been owners for a while are not burdened with large property tax bills based on the purchase price of the property and therefore not in need of the revenue produced by the Short Term Rental industry. I am in favor of prohibiting the issuance of any more Short Term Lodging permits on Newport Island and am definitely in favor of the provision that calls for only owner occupied parcels that are managed by the owner themselves. Currently my property is located between two Short Term Rentals. One is inactive and no longer a problem however the other unit was purchased as an investment property for over $2,000.000.00 by two investors and has property taxes and a mortgage to match. Although one of the owners lives on the property, it is managed by SeaBreeze Realty and when a problem arises with the tenants, the resident owner leaves it to the management company to resolve. My experience leaves me to feel that owner occupied, owner managed is the only way to renew existing permits. Sincerely, Penelope Gilbert 409 38th St. Newport Beach, CA 92663 (760) 861-2499 Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) From:Gary Cruz To:Planning Commissioners Subject:STR Discussion Date:Friday, November 27, 2020 2:49:27 PM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. TR Dec 3 Planning Commission Dear Commissioners, I don’t know how many of you live in a neighborhood that is zoned to permit STR but I can safely say that if you lived in one, your opinion would be similar to the residents on NI. Residents living in neighborhoods zoned R2 are impacted whereas residents living in R1 are not. Please consider that when reviewing the recommendation from the city council. Yes the residents are asking for restrictions because it has gotten out of hand. We were never asked if it was okay to issue STR permits in our neighborhood. If we were then I missed it. It is my feeling that STR have come in because of a lack oversight by the city. Were impact studies ever conducted? For decades residents of the island have seen the impact that STR have had in the War Zone just across the bridge and we don’t want that in our neighborhood. Many of the owners have bought in NI to avoid that type of use of property. They bought to live in a residential community, not a holiday getaway. I had a recent conversation with a young professional couple who bought on the island specifically because it was a quiet community. They were in support of efforts to at least put restrictions if not ban STR and subleases. Sadly the other day a For Sale sign appeared on their home. I feel that the increase and sub leases has negatively impacted the quality of life for residents on Newport Island. I’m sure you are aware of Chapter 5.85 from the code that details STR permitting. https://www.codepublishing.com/CA/NewportBeach/html/NewportBeach05/NewportBeach0595.html#5.95.015. I want to address a couple of points from the code below. C. Many of the occupants of short term lodging units are permanent residents of areas distant from Newport Beach and the City has no effective way to prevent occupants from continuing to violate provisions of the this Code and the Penal Code relating to noise, disturbances and disorderly conduct. The only effective way to minimize the problems associated with occupancy of short term lodging units is to impose responsibility on the owner of the property, either personally or through an agent, to control the conduct of guests and occupants. D. Numerous incidents involving excessive noise, disorderly conduct, vandalism, overcrowding, traffic congestion, illegal vehicle parking and accumulation of refuse are directly related to short term lodging units which increasingly require response from police, fire, paramedic and other City services. For months the solution has been code enforcement and that has been dropped on the doorstep of the police force. Is that the best use of police services? Would it not be better to curb the problem at the source? Was the problem not a direct result of not enough oversight by the city council and the planning commission? Another point made in the permit conditions is: 12. The owner shall provide the City with the name and twenty-four (24) hour phone number of a local contact person(s) (who resides within twenty-five (25) miles of the property) who shall respond to contacts from the answering service, respond to any call related to the unit within thirty (30) minutes, and ensure compliance with this chapter in a timely manner. The owner or agent must provide a new local contact person and his or her phone number within five business days, if there is a change in the local contact person(s). Why are the police called and not the responsible owner or agent? Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Please respect the wishes of the majority of residents on Newport Island and approve the recommendations from the city council. There are a small number of impacted STR owners affected by the restrictions. The majority of the residents want to live in a residential neighborhood made up of full time residents and not in business neighborhood made up of part time residents.   Sincerely,   Mr and Mrs Cruz 503 38th St   Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) From:Gina Unsworth To:Planning Commissioners Subject:PLANNING COMMISSION DEC 3RD -STR Date:Friday, November 27, 2020 4:39:22 PM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Planning Commission I am writing to you in hope that you will review my few but important points below and consider backing the city council’s latest restrictions and recommendation on Short Term Rentals, especially for Newport Island. I have been a resident and home owner on Newport Island for almost 15 years, my husband for over 30 years. We chose this as our home because it was a small and residential community. However over the last few years with the increase of STRs on Newport Island the ambience has changed and not in a positive way. Whilst I understand home owners have rights to use their home to make a profit there has been little consideration for residents to be allowed to have their home, enjoy it safely and peacefully in a manner which allows them to be able to go out and work to make an honest living by just getting a good night’s sleep. Too many times have I been kept awake by party goers who stay up and party indoors and outdoors into the night both on weekdays and weekends. There is no respite. I have never in my time as a resident on Newport Island seen any home owner urinate on their own home or on a neighbour’s residence. Yet, unfortunately, I can say that I have witnessed this more times than I should have, by short term renters, and even then, I have been verbally abused when asking them to respect the neighborhood. Never, have I seen a resident of Newport Island drunk and almost drown in the channel. Yet, unfortunately my husband and I have had to help a drunk short term renter out of the channel and from imminent drowning. This shouldn’t be something which I have to be a party of because no-one wants to take residents seriously, or value their opinions and curb the expansion of the already infamous war zone. I have sat at many city meetings and heard short term rental companies accuse residents of Newport Island of being a small but 'whiney' group. I have also had to listen to them say that I should ‘share’ Newport. Believe me I am all for encouraging everyone to enjoy the coastal area, but the sort of conduct which is turning the residential area of Newport Island into another war zone is not anything anyone should be proud of, or, encourage. Lack of regulations and too many permits in a small area which has only one way on and off, has unfortunately, made me think otherwise. Attached photo shows one STR on Channel Place which continually leaves its gates open thus negating the ability to use the pavement. How can I share Newport Beach with my elderly or frail friends who use walking frames. Should I share Newport Beach by requesting them to play dodge with cars and construction vehicles? Who exactly do Sea Breeze want me to share the Island with ? Drunk short term renters who don't care or even know if they are on the street or in the road? Is it really my responsibility to get in touch with police or 'the non emergency' department for such an issue, when if it was a resident living on the property it wouldn't probably last for more than an hour or two, not the whole day or multiple days. Years ago the island residents including my husband were encouraged to pay out of their own pocket to beautify the island and move utilities underground. Each household laid out thousands of dollars. Now long term residents have to put up with more rubbish, vomit, urination on houses, illegal parking, pavements used as parking spots, short term renters letting off fireworks in the park and the street. Why did we pay all that money for everything to be allowed to go to wrack and ruin by the increase of STRs in such a small area? In the real estate realm I hear that sellers are now being asked to be disclose if the neighbouring property is an STR to potential buyers, much the same way as other negative impacts such as barking dogs and noisy neighbours are Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) disclosed. How is this a fair way to treat the majority of homeowners who want to maintain the tranquility of the island and the value of their property. Do you really think that Sea Breeze, amongst other companies, cares more about Newport Island than I do? Their interest is purely a financial one. Mine is a lifetime’s investment. It is my home, my castle and my keep which should be protected by myself and by the city hierarchy to whom I pay my taxes and show allegiance with my voting rights. I hope that you take into account that I am too am just a home owner who is trying to make a living. In order to do that I need to be able to relax and live calmly in my home in the residential neighbourhood in which my home was purchased. I did not choose to live in a small business park, or reside in a hotel carpark surrounded by unsupervised hotel guests who, if they were in a proper hotel setting would be asked by staff to curb their behaviours or otherwise be shown the door. I could have listed more points but presume that the studies which the city made before increasing the amount of STR permits should address every negative issue which we are currently facing. Please feel free to contact me if I can be of any further service. Yours sincerely Gina Unsworth Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) From:chris@harano.com To:Scott McFetters Cc:Planning Commissioners; Mark Markos; Jim Miller; Bud Reveley Subject:Re: 3717 Channel- Illegally parked Cars and friends leaving Newport Island Date:Saturday, November 28, 2020 8:02:55 AM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Planning Commissioners, This is the Saturday morning vomit in front of short term rental at 4015 Marcus on Newport Island this morning. Prior to 4015 Marcus becoming an STR unit this kind of thing never happen. Now it happens all the time, in addition to illegal parking, loud parties, Uber drop offs and loud drunk conversations in the street at 2-3 am after the bars close. The city won’t clean this up, the owner won’t clean this up, the renters won’t clean this up. This will sit here on the sidewalk and bake in until the next rain storm. Or one of the neighbors will come out and hose it down. The lack of responsibility for the impact of STRs on our neighborhood is one of the primary reasons these permits need to stop. STRs are destroying our neighborhood. Thank you, Chris Harano Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) On Nov 25, 2020, at 1:42 PM, Scott McFetters <smcfetters@outlook.com> wrote: Dear Planning Commissioners, Please review the following emails and attachments. Best regards, Scott McFetters day, June 23, 2020 12:00 PM To: kmuldoon@newportbeachca.gov <kmuldoon@newportbeachca.gov>; Dixon, Diane <ddixon@newportbeachca.gov>; Duffield, Duffy <dduffield@newportbeachca.gov>; O'Neill, William <woneill@newportbeachca.gov>; Navarrete, Monique <MNavarrete@newportbeachca.gov>; Contino, Brian <BContino@newportbeachca.gov>; Jurjis, Seimone <sjurjis@newportbeachca.gov>; Rieff, Kim <KRieff@newportbeachca.gov>; Moss, Heidi <HMoss@nbpd.org>; Brenner, Joy <JBrenner@newportbeachca.gov>; Martin O'Hea <mohea@bixbyland.com>; chris@harano.com <chris@harano.com>; 'Mark Markos' <msm619@ymail.com>; Larry Leifer <lawrelei@gmail.com>; Richard Wolpow <rwolpow@pocnettech.com>; Jeff Friedman Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) <jfriedman@turnerfiber.com>;newportislandjim@gmail.com <newportislandjim@gmail.com>; ken@eclecticfinishes.com <ken@eclecticfinishes.com>; Herdman, Jeff <jherdman@newportbeachca.gov>; Maglinti, Avery <AMaglinti@newportbeachca.gov>; roger@catalinacomponents.com <roger@catalinacomponents.com>;citycouncil@newportbeachca.gov <citycouncil@newportbeachca.gov>; Mike Veal <mike@goldcoastglass.com> Subject: 3717 Channel- Illegally parked Cars and friends leaving   <IMG_7564.MOV><IMG_7971.MOV><IMG_7972.mov> Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) From:Joe Foster To:Planning Commissioners Subject:Newport island short term rentals Date:Monday, November 30, 2020 12:05:17 PM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Our family have had a home on Newport Island at 4018 Channel Place ,for 15 years ,we are totally against short term lodging ,the islands has always had issues with parking ,but it has continuing gotten worst .Their is a real safety issue with cars parked on sidewalk and doubled parked ,our streets are narrow. And the short term rentals come in with lots of cars and don’t respect the neighborhood... Thank You, Joe and Laura Foster Planning Commission - December 3, 2020 Item No. 3a Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) From:Scott McFetters To:Planning Commissioners Cc:winfieldwells@gmail.com; Mike Veal; Larry Leifer; Richard Wolpow; "Mark Markos"; Chris Harano; Roger Saxton; thomas@stratcomponent.com; newportislandjim@gmail.com Subject:Newport Island-3717 Channel Pictures Date:Monday, November 30, 2020 2:33:36 PM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Planning Commissioners. I hope you had a great Thanksgiving! Please see a sample of pictures showing the constant dangerous STR blockage of our fire lanes,sidewalks streets, fire hydrants, garages, alleys, etc. Will also include some parties, late nights and dog destruction of the channel in a separate email. Planning Commission - December 3, 2020 Item No. 3b Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3b Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) November 29th Planning Commission - December 3, 2020 Item No. 3b Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3b Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3b Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3b Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3b Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3b Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3b Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3b Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Best regards, Scott McFetters Get Outlook for iOS Planning Commission - December 3, 2020 Item No. 3b Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) From:chris@harano.com To:Scott McFetters Cc:Planning Commissioners; Winfield Wells; Michael Veal; Larry Leifer; Richard Wolpow; Mark Markos; Roger Saxton; Thomas Hoictan; Jim Miller Subject:Re: Newport Island-3717 Channel Pictures Date:Monday, November 30, 2020 2:49:55 PM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Planning Commissioners, I want to add some photos of the six cars parked in the two car garage at the STR at 4015 Marcus. The black car is blocking the only fire hydrant on this corner of Newport Island. There is just a constant repeat every weekend of parking violations, code violations, unruly behavior, street blockages, etc. with the STRs on Newport Island. And I want to give a very big thank you to the Planning Commissioners for taking the time to listen to the Newport Island STR issues we are brining to your attention. Best regards, Chris Harano 4012 Channel Place ( Newport Island) Planning Commission - December 3, 2020 Item No. 3b Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3b Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) On Nov 30, 2020, at 2:33 PM, Scott McFetters <smcfetters@outlook.com> wrote: Dear Planning Commissioners. I hope you had a great Thanksgiving! Please see a sample of pictures showing the constant dangerous STR blockage of our fire lanes,sidewalks streets, fire hydrants, garages, alleys, etc. Will also include some parties, late nights and dog destruction of the channel in a separate email.<Image.jpeg><Image.jpeg> November 29th <Image.jpeg><Image.jpeg><Image.jpeg><Image.jpeg><Image.jpeg><Image.jpeg><I mage.jpeg><Image.jpeg> Best regards, Scott McFetters Get Outlook for iOS Planning Commission - December 3, 2020 Item No. 3b Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) From:Scott McFetters To:Planning Commissioners Cc:"Mark Markos"; Chris Harano; winfieldwells@gmail.com; Larry Leifer; Jeff Friedman; thomas@stratcomponent.com; newportislandjim@gmail.com; Bud Reveley; Mike Veal Subject:Newport Island 3717 Channel Date:Monday, November 30, 2020 2:57:41 PM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Planning Commissioners, Please review the sample pictures of STR parties, dog destruction of the channel habitat, etc.. Best regards, Scott McFetters Planning Commission - December 3, 2020 Item No. 3b Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3b Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3b Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3b Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3b Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3b Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3b Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3b Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3b Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3b Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3b Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3b Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) From:Scott McFetters To:Planning Commissioners Cc:"Mark Markos"; Chris Harano; winfieldwells@gmail.com; Larry Leifer; mike@goldcoast.com; roger@catalinacomponents.com; thomas@stratcomponent.com; newportislandjim@gmail.com; Bud Reveley Subject:Newport Island-Fire Truck Date:Monday, November 30, 2020 3:27:34 PM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Planning Commissioners, This is what it looks like when a fire truck comes on Newport Island any a car illegally parked in the fire lanes per previous pictures could lead to a bee bad ending. The call was for a house across the street from 3711 and 3717 Channel with no cars parked illegally at the time but they still had to park on 38th Street. Thanks again for reviewing. Best regards, Scott McFettera Get Outlook for iOS Planning Commission - December 3, 2020 Item No. 3b Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3b Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3b Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) From:Scott McFetters To:Planning Commissioners Cc:roger@catalinacomponents.com; thomas@stratcomponent.com; Mike Veal; winfieldwells@gmail.com; Larry Leifer; newportislandjim@gmail.com; Bud Reveley; Chris Harano; "Mark Markos"; mundocane@yahoo.com Subject:Newport Island-3806 Channel Date:Monday, November 30, 2020 4:03:23 PM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Planning Commissioners, 3806 Channel has had at least one party or renters with drugs, naked woman, prison tatooes and all night drive up and pick ups and that does not include the illegal parking and gate that blocks our sidewalk almost everyday it is rented. It also has more people than permitted and organized parties like 3717 Channel. Both were subleased by the owners to Avantstay and they rent out the STR’s like last minute hotels. The new ordinance was supposeed to get rid of them and their model but they are still in business. Please see for yourself www.avantstay.com Best regards, Scott McFetters Planning Commission - December 3, 2020 Item No. 3b Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3b Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3b Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3b Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3b Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3b Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3b Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3b Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3b Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3b Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) From:Scott McFetters To:Planning Commissioners Cc:newportislandjim@gmail.com; "Mark Markos"; Chris Harano; Bud Reveley Subject:Newport Island-407 38th Date:Monday, November 30, 2020 4:10:31 PM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Planning Commissioners, Early Morning walk. Best regards, Scott McFetters Get Outlook for iOS Planning Commission - December 3, 2020 Item No. 3b Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3b Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) From:Scott McFetters To:Planning Commissioners Cc:"Mark Markos"; Bud Reveley; Chris Harano Subject:Newport Island-506 38th Date:Monday, November 30, 2020 4:15:17 PM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Planning Commissioners, Running out of time:) One picture and no one can use the sidewalk. Best regards, Scott McFetters Get Outlook for iOS Planning Commission - December 3, 2020 Item No. 3b Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3b Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3b Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) From:Roger Saxton To:Planning Commissioners Cc:Mark Markos; Chris Harano; winfieldwells@gmail.com; Larry Leifer; mike@goldcoast.com; thomas@stratcomponent.com; newportislandjim@gmail.com; Bud Reveley; Scott McFetters Subject:Re: Newport Island-Fire Truck Date:Monday, November 30, 2020 7:50:18 PM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Hello Planning Committee, I echo what Scott has been experiencing. I am not able to spend much time at my house on Channel so this becomes more off-putting when I am able to be there. The First Responders not being able to maneuver problem is 100% real. My elderly neighbor struggled for the last 2 years of his life and the EMTs were not an uncommon sight at his home next to mine. On more than one occasion 3808 Channel had cars impeding the route to his house. My son has severe health concerns that require quick transport to the hospital due to anaphylactic shock. It is real, it has happened and it is life and death serious. God forbid an EMT or myself are slowed in the case of an emergency. This is very real and very scary to me. It is more than me just being put off by 10 people in a house suited with one parking space (which is beyond ridiculous that this persist). That said, I have seen movie screens set up, cars burning out, screaming and arguing, what appeared very much like a drug house for a week, and other risqué things that frankly belong in Vegas not Newport Island. Please take this email as an effort to convey our frustration and desperation in hopes that you understand and will help. This is in no way what we bought homes here for. These are just a few of the recent photos. Planning Commission - December 3, 2020 Item No. 3b Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3b Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3b Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3b Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3b Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3b Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Dear Planning Commissioners, This is what it looks like when a fire truck comes on Newport Island any a car illegally parked in the fire lanes per previous pictures could lead to a bee bad ending. The call was for a house across the street from 3711 and 3717 Channel with no cars parked illegally at the time but they still had to park on 38th Street. Thanks again for reviewing. Best regards, Scott McFettera Get Outlook for iOS Planning Commission - December 3, 2020 Item No. 3b Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3b Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3b Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) From:Lori Bowman To:Planning Commissioners; Lowrey, Lee; Weigand, Erik; Kleiman, Lauren; Ellmore, Curtis; Klaustermeier, Sarah; Koetting, Peter; Rosene, Mark; Jurjis, Seimone Subject:Short-Term Lodging on Newport Island LCP Amendment Date:Tuesday, December 1, 2020 11:41:40 AM Attachments:Public Notice (2).pdf [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. To the Newport Beach Planning Commission, We are writing in regards to the proposed amendment to short term lodging that is on the Planning Commission meeting agenda on December 3. We are writing to oppose the recommendation being considered that would only allow owner occupied parcels on Newport Island for all existing short-term lodging permits. As noted in our previous emails to the Newport Beach City Council, we currently own a home on Newport Island that has been in the family for over 80 years. We share the home for get- togethers, reunions and vacations with relatives and friends. We also rent the house throughout the year on a short-term basis and rely on the rental income to help with the cost of home maintenance, repair and other property-related expenses. We are responsible renters and do not rent to parties who cause disturbances or damage property. We follow all city rules related to short-term lodging and renew our business license and STL permit on a timely basis. Our property does not fall under the “owner occupied” category and it would cause significant financial hardship to maintain our property if we are unable to generate short-term rental income. We are aware of the ongoing problems with short-term tenants who are disruptive, disrespectful and cause damage to property. We understand and support the need to establish and enforce rules and policies that penalize property owners on the Island who rent to the “bad seeds”. However, we do not believe that as responsible property owners we should be penalized for those owners who do not follow the rules and who rent their homes out in an irresponsible manner. Those in favor of the owner occupied restriction cite Newport Island as a unique residential community and their reasons for supporting this recommendation - parking problems, density of homes, narrow streets, etc. - are the same problems that all other areas in Newport Beach have experienced with short-term rentals. This sends a message that Newport Island is an exclusive community with special privileges that do not apply to the rest of the city. The problems with short-term lodging are not unique to Newport Island. Why should Newport Island homeowners who are responsible short-term rental operators be penalized when all other homeowners in Newport Beach are permitted to rent non owner occupied properties on a short-term basis? It is unfair and inequitable to single out Newport Island when the other island communities in Newport Beach – Balboa Island, Little Balboa Island, Bay Island, Collins Island, Harbor Island, Lido Isle, Linda Isle – are not under this restriction. As long time property owners of Newport Island, we are proud to be a part of this community and we would ask to be treated fairly, equitably and respectfully by our local government officials. Thank you for your time and consideration. Planning Commission - December 3, 2020 Item No. 3b Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Best regards, The Bowman Family Newport Island Property Owners Planning Commission - December 3, 2020 Item No. 3b Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) From:Scott McFetters To:Planning Commissioners Cc:"Mark Markos"; Chris Harano; roger@catalinacomponents.com; thomas@stratcomponent.com; winfieldwells@gmail.com; Larry Leifer; newportislandjim@gmail.com; Mike Veal; Bud Reveley Subject:Newport Island-3711 Channel Date:Monday, November 30, 2020 3:19:23 PM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Planning Commissioners, Please see more dangerous parking issues at 3711 Chnnel. 3711 and 3717 only have one parking spot total. 3717 has a permit for 10 people Best regards, Scott McFetters November 29th Planning Commission - December 3, 2020 Item No. 3c Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3c Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Thanksgiving day Planning Commission - December 3, 2020 Item No. 3c Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3c Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3c Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3c Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3c Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3c Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Get Outlook for iOS Planning Commission - December 3, 2020 Item No. 3c Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) From:Mason FY To:Planning Commissioners Subject:Newport Island STR Hearing Date:Wednesday, December 02, 2020 10:52:41 AM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. To the Newport Beach Planning Commission,   My name is Mason Ye. I am a resident of 402 38th Street on Newport Island. This place is home to me and home to my fiancé and our children. My son was born at Hoag across the street and spent the first parts of his life in this house.   Originally, this house belonged to my parents. I remember the day they bought it, more than five years ago, and how happy all of us were. This was before my kids were born into the world so it was a home to our family at first. Due to complications from Covid, my parents have had to move back to their home country overseas, where the rest of our extended family and my siblings live so they would have someone to help care for them, given now I have children of my own. Their wish before leaving was for our family to hold onto this home however necessary so that my kids can grow up in this beautiful, special community of Newport Island. They placed it into a trust and entrusted us to take good care of it, and take good care of it we have.   I consider this community my home. My kids have played with the other kids on this island. My godfather, Barry, literally lives right next door to us. His son, Randall, and I have grown up together. We consider ourselves so very fortunate to live next door to someone we consider family. My dad may not be here now, but my kids and I have Barry’s love and support right next door. We are very protective of our community and our home, which is why it was so difficult at first to come to terms with the fact that we would have to short- (and sometimes long-) term rent it out in order to make ends meet during this unprecedented pandemic. When the house remains empty due to a lack of renters, we continue to spend as much time there as possible because it is our home.   My parents’ family business has suffered, making it so they need to keep what they have to care for themselves. My business, helping companies and people around the world enhance businesses of their own, has fallen apart from its peak because of Covid. My fiancé is taking on part-time work (she’s a student currently since she had to place her studies on hold to help raise our children while I worked to build my business). I am currently also a student, working part-time as a paralegal, before starting law school in the upcoming fall semester. Covid has caused serious financial strains to my family, as it has to so many other families. I am a father to two young children, 5 and 3 years old. The income we derive from renting out our family home is crucial in helping us pay the property taxes, the upkeep, and for us to stay afloat while living nearby thanks to the generosity of certain members of our extended family until this pandemic passes through and all of our jobs and businesses can be restored.   Planning Commission - December 3, 2020 Item No. 3c Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) This has been the only option that allows us to handle the expenses of this home during this pandemic while allowing us to hold onto it as well. Even so, we are always reminded that this is our home, and because of that, we have been so ridiculously picky about the tenants, and in particular the short-termers, that we are willing to forgo income from a potential tenant for the sole reason that we have a gut feeling they may not be in full respect of the community, and we have decided to partner with a boutique vacation rental management company consisting of a duo of founders that feel the same way. Every booking inquiry this house has received, we limit it to no less than four nights, in order to maintain the sanctity of the calm, relaxed neighborhood. So far, we haven’t had any short-term tenants that shorter than a two- week booking. We check in with our next door neighbors constantly, both of whom have been extremely satisfied without vetting process so far and the measure we take to preserve the community’s ambiance and family-oriented qualities. We have agreements with every tenant stating they if any of our neighbors so much as complains, they must leave immediately, no matter the time of day. For parking purposes, they also agree to no more than two vehicles, both of which must be parked in the garage. We have hardwired security cameras surrounding the property, keeping a constant eye on everything that happens around the house. We have been and intend on continuing to be residents of this island and we understand the annoyances that residents of this island face.   We love this community because of it’s genuine, family-oriented qualities. I have made continuous efforts to maintain these qualities for the community. We would be more than happy to observe and respect any increased strictness measures in order to preserve the community. Whether that means increasing the minimum number of nights stayed or otherwise, but please do not take away short-term rentals on Newport Island. There are several kind-hearted, considerate short-term rental homeowners on the island who feel the same way we do and also wish to preserve the community and we don’t believe we deserve to be punished because most of us are doing this because of the financial complications Covid has caused.   We understand after hearing from some of the residents, some of which don’t even live on the island full time either before or during the pandemic, that two issues that are bothersome are parking problems and rowdy short-term tenants. We empathize with this, and we hate it as well, which is why we as short-term “landlords” take the enhanced measures we do. But with all due respect, it doesn’t seem right to discriminate Newport Island from the rest of our lovely city. Newport Island is a public island, and each Island (Lido, Balboa, etc.) all have parking issues. I consider us lucky on Newport Island to have Zone 1 parking passes enacted in the summertime, unlike the other islands. Could we not explore the possibility of enforcing those passes year-round like other parking pass locations on the peninsula? I know our hard-working officers at the police station are always looking out for the residents of this town and enforce the Loud and Unruly Gathering Ordinance (LUGO Laws) vigilantly. Is this not a wonderfully protective measure our city’s stewards have already enacted? Many measures have already been taken to combat the primary problems addressed by residents, year-round and otherwise, and we understand sometimes existing measures can evolve. But to fully ban this particular source of Planning Commission - December 3, 2020 Item No. 3c Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) income that is desperately needed by some of us only in the geographical location of Newport Island feels almost discriminatory because those folks residing on the other islands of Newport, and the rest of Newport proper in general, who are supplementing their Covid-damaged incomes in the same manner we are aren’t affected by this ordinance in question.   We respectfully request and plead the planning commission to strike down this proposed ordinance. We love our home, our children love our home, my parents wish to return one day to their home, but some of us are getting a bad stroke of luck right now and given this is the only way that allows several of us on the Island to keep our homes, we don’t feel like we deserve to lose our homes, especially if we are willing to work with the city to not only find a mutually agreeable solution that does not result in a ban but also wish to preserve the sanctity of our special Newport Island community and relations with our neighbors at the same time.   Thank you all for considering what my family and I have to say. We greatly appreciate it.   Sincerely, Mason, Ashly, Bella, and Damien 402 38th Street, Newport Island Planning Commission - December 3, 2020 Item No. 3c Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) From:chuck To:Planning Commissioners Subject:Short term lodging on Newport Island Date:Wednesday, December 02, 2020 12:40:51 PM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Planning Commissioners, "The best form of government is local government." It does not only represent and protect the majority; it does so for all citizens—especially the minority. Just because the majority or a vocal group on Newport Island want to take away our livelihood (short term rentals, a tradition that goes back to the beginning of Newport Beach) and what we feel is our right like other property owners off the island (though you may disagree), our city government should still represent all of its citizens especially a minority of 19 and try to strike a balance. Many of these vocal people are recent residents, many of whom have not been on the island for any considerable time at all. These new residents are building giant houses with more people and more cars, and then they claim that WE are changing the character of Newport Island. I’ve had my short term rental for 30 years—half of my duplex—and my full time renter keeps me fully apprised of everything that goes on upstairs. To be honest, in the past I’ve had more problems with full time renters than our short term visitors. You’ve enacted many new rules, policies and procedures for landlord accountability in the past few months. Before we make more rules that harm short-term rental owners, wouldn’t it be prudent to see what these new rules foster? Or was it always the intent to drive us out of business—one step at a time? It is necessary and fair to look at the facts, and find a reasonable settlement between those who don’t have short term rentals and those who do. By the way, if one was truly trying to be balanced, in your current measure you would have owner and/or representative/manager who lives on property. Hotels don’t have owners live on premises—why should we? And once again, only Newport Island is being singled out. I don’t think any fair minded person and/or court would find acceptable. We have bent over backwards to get along with phase one and phase two, but that’s not enough... it doesn’t look like the other side—which you seem to represent—wants to get along. I look forward to discussing this and would appreciate a call any time at your convenience. In summary, here are the three questions I would like to ask: 1) Who is directing city staff to keep targeting 19 of us on Newport Island? 2) Why are you not allowing the current rules to go into effect for a year before you judge their outcome? 3) Why must our short-term rentals have owners on site, while hotels get by with having a manager/representatives on premises and no owner? Thank you for your time. Charles Gayton Planning Commission - December 3, 2020 Item No. 3c Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) 818-415-1919 Planning Commission - December 3, 2020 Item No. 3c Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) From:chuck To:Planning Commissioners; Weigand, Erik; Lowrey, Lee; Kleiman, Lauren; Ellmore, Curtis; Klaustermeier, Sarah; Koetting, Peter; Rosene, Mark Subject:Questions for tomorrow"s meeting Date:Wednesday, December 02, 2020 12:43:16 PM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Planning Commissioners, Here are the questions I would like you to address at tomorrow’s meeting. Thank you for your time and cooperation. 1) Who is directing city staff to keep targeting 19 of us short term permit holders on Newport Island? 2) Why are you not allowing the current rules for short term rentals to go into effect for a year before you judge their outcome? 3) Why must our short term rentals have owners on site, while hotels get by with having a manager/representatives on premises and no owner? Charles Gayton 818-415-1919 Planning Commission - December 3, 2020 Item No. 3c Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) From:Joan Foster To:Planning Commissioners Subject:Fwd: Short-Term Lodging on Newport Island Date:Wednesday, December 02, 2020 1:40:40 PM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Sent from my iPad Begin forwarded message: From: Joan Foster <joan@westcoastturf.com> Date: December 2, 2020 at 9:31:10 AM PST To: PlanningCommissioners@newportbeach.gov Cc: Joan Foster <joan@westcoastturf.com> Subject: Short-Term Lodging on Newport Island Dear Newport Beach City Council and Planning Commission, Our family has been on the Island for over 75 years. Obviously, we do not want to see the tranquility of the community disrupted with this challenge to our neighborhood allowing short term rentals Because of the R-2 zoning, Newport Island has always had some long term rentals which is part of the community culture and we have embraced that history. Having mini hotel rooms in the neighborhood is totally out of place and should be located in the proper hotel zoning. Short term rentals have totally changed the feel of the Island. More and more, the feeling of a secure neighborhood is becoming a concern. We have now had to installed security cameras and alarms. Thank you. Planning Commission - December 3, 2020 Item No. 3c Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Joan and John Foster 4022 Channel Pl. Newport Island Planning Commission - December 3, 2020 Item No. 3c Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) From:rlmg17@gmail.com To:Planning Commissioners Subject:Newport Island Short term rental hearing Date:Wednesday, December 02, 2020 2:03:31 PM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. To whom it may concern, I’m Randall Mycorn, Barry Mycorn’s son. My father lives at 400 38th St, right next to 402 38th St. I’ve known Mason for most of my life, and understand the rental situation on Newport Island. I also understand and support the resident’s concern to maintain the standard of quality on the island. I’ve spent an enormous amount of time on the island with my family, and it’s a home for me as well. Mason is friendly with our neighbours and considers them with every booking he receives at his house. My father, brother, and I, have met the renters many times over, and there’s never been a problem or any red flags. They’re respectful and don’t bother us or anyone else as far as I’m aware. As someone who’s house is right next door, we have no complaints and don’t foresee any in the future either. Like many Americans, Mason and his family are going through a lot of financial struggles due to COVID. Renting out his home has lifted a high weight off his shoulders just like it’s done the same for many other homework’s. The income from the rental is providing for him and his children, helping them meet all their basic needs, and contributes even further to the economy of both Newport Beach and wider California. Mason, being a student in law school now, is unable to provide for himself, let alone his children, without this income. Because of financial problems caused by COVID, his family is no longer able to support him as much as they used to. I hope whomever this letter finds can understand the gravity of the situation and recognise Mason’s position, a position shared by countless others. Respectfully, Randall Mycorn Planning Commission - December 3, 2020 Item No. 3c Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) December 2, 2020 Dear Planning Commissioners: I am writing to you as a homeowner on Newport Island with a short-term rental permit issued to us in 2016. We specifically purchased our home to use as a family get-away and investment to rent out when we were not using it. The income generated from the short-term rentals has helped supplement our household income. We strongly oppose the Short-Term Lodging on Newport Island LCP Amendment. Since our property at 3800 Channel Place is a single unit family home, we would be unable to occupy the home and rent it out at the same time. Especially during this unprecedented time of Covid-19, we would be very reluctant to share our living space with members of other households. This would mean that we would be losing valuable rental income and would likely have to sell our Newport Island house if the proposed amendment is enacted. I understand that the major complaints by permanent residents are the issues of noise and parking. But the proposed amendment will do nothing to alleviate the parking problem and may, in fact, exacerbate it. Based on the proposed amendment, it appears the permanent residents believe that parking would improve by either: (1) forcing homeowners to occupy the units they are also renting to others, (2) forcing renters to increase the time they lease their units to at least 4 nights, or (3) forcing homeowners to sell their homes to others who will agree to reside at the home. Any of these options will result in increased use of the premises currently subject to short-term rentals. All of these options will result in more people being on the island, and therefore, more pressure on available parking. I would think the permanent residents would actually appreciate the fact that because the demand to rent houses on Newport Island is not overwhelming, some rental units remain vacant a portion of the time and thereby decrease parking pressure. That benefit to the community will be removed if the amendment is enacted and homes on the island are essentially fully occupied all the time. Moreover, if the city is proposing a limit to the number of parking spots to the homes that have short-term renters, then the city should limit the number of parking spots available to ALL the homes on the island. Many of the permanent residents have more cars than can fit in their garages and they take up the many desirable street parking spaces. This is not only an issue brought on by short-term renters. There are already new regulations in place to address the complaints, such as the implementation of a 24 hour hotline (949-718-3443) to call to file a complaint related to short- term rental violations of loud parties, noise, parking, trash and occupancy limit violations. Complaints may also be made directly to the Newport Beach Police Department who should be enforcing the noise ordinance violations and issuing the citations. In addition, we owners have had to provide parking spot numbers and locations, and submit a nuisance response plan to the Planning Commission - December 3, 2020 Item No. 3c Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) City of Newport Beach Revenue Division. Moreover, the city has already amended the regulations to suspend or revoke short-term rental permits based on the number of violations a homeowner receives. Also, there is now a minimum 4 night stay that has been authorized only for Newport Island, which is unfairly singling out this island from the rest of Newport Beach that has a 3 night minimum stay. We oppose this 4 night minimum, since other areas of Newport Beach have similar issues with noise and parking. We also oppose the proposed ban on the use of a property management company. As a busy homeowner, we simply do not have the time to personally manage the property. This ban would impact the revenue of the property management companies who also strongly oppose this amendment. Also, our past renters have enjoyed their family vacations in our home and appreciated staying in a nice Bayfront home that was more affordable than a hotel. Our rental provides diversified lodging opportunities and revenue for the city and property management companies. Taking away our short-term rental permit would discriminate against people who otherwise would not be able to afford to stay on the Bayfront and enjoy the beach and surrounding area. We are providing diversity to renters as there are no hotels on Newport Island. We find the proposed amendment unlawful and unconstitutional in that we had purchased the home with the intent to have short-term rental income that we have received over the past 4 years and you are now trying to take it away from us and are singling out Newport Island only. Our diversified lodging opportunity provides necessary revenue to the City of Newport Beach, Property Management Companies and short-term permit homeowners, as well as an enjoyable experience to many diverse vacationers in Newport Beach. There are already laws in place to address the noise and parking violations. These laws just need to be enforced and the short- term permit homeowners should not be discriminated against by changing the regulations that had already been in place. Our rights as short-term permit homeowners are being violated. We would not want to have to issue a lawsuit to fight this and then seek reimbursement of lawyers’ fees from the city. I also want to add that we oppose any future changes to being able to pass on the short-term rental permit along with the property to any future owners. Some questions that I would like to bring up are the following: 1. Has there been a record maintained that can be shown to the public documenting the accuracy of a short-term renter causing excessive noise and how often in a period of 365 days? 2. Why are we not enforcing the current laws? As I understand it, there are 157 homes on Newport Island and only 18 short-term rental permits. If there are so many complaints about noise and parking pertaining to some of those 18 short-term rentals, why hasn’t that short-term rental permit holder had his/her permit suspended or revoked? My Planning Commission - December 3, 2020 Item No. 3c Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) understanding is that there has never been a suspension or revocation of a short-term rental permit. Wouldn’t this be a fair and less drastic compromise? 3. Has there been a study to determine the impact of this proposed ordinance on the current short-term rental permit owners? Can any of them realistically live in their residence on Newport Island while renting it out? I know I cannot. If not, isn’t the net effect of this proposed ordinance a ban on future short-term rentals, notwithstanding its proposed language of allowing it so long as it is “owner-occupied”? 4. Has there been any analysis of the loss of revenue this proposed new ordinance will have to a). Newport Beach in fees for permits; b). Property managers in fees for service; and c). Short-term rental permit holders in rental revenue? 5. Is the Planning Commission prepared to face legal challenges to the constitutionality of the proposed new ordinance? I honestly do not believe the proposed ordinance is constitutional. The mere fact that other cities may have a similar “owner-occupied” requirement does not mean the ordinance is constitutional. History will show you that copycat laws do not make a law constitutional. 6. Why isn’t the Planning Commission looking at less drastic proposed changes that could be a middle ground between the residents of Newport Island and the short-term rental owners, such as further reducing the limit of any new short-term rentals rather than adding the requirement of “owner-occupied”, which is drastic and effectively bans short-term rentals? Sincerely, Kim and John DiGiovanni Planning Commission - December 3, 2020 Item No. 3c Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) From:Maggie Adams To:Planning Commissioners Cc:Rod Adams Subject:Newport Island STR topic on tomorrow"s agenda Date:Wednesday, December 02, 2020 4:12:30 PM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. To Whom it May Concern, I'm writing in regards to the public hearing item related to short-term lodging on Newport Island that is on your meeting agenda tomorrow. My husband and I oppose the amendment to restrict STRs to owner-occupied and owner-managed. I fundamentally disagree with singling out Newport Island. Why would it not be treated consistently as the rest of the community? Here's a bit about us and why this amendment would hurt us personally and financially... We love Southern California, have roots and friends there and of course a love for the amazing landscape, weather, and activities that it affords. Long term we were even thinking of retirement there and on Newport Island specifically. In the meantime, we love it as a wonderful extended family vacation destination with our two young, but very active, girls. It also affords us some much needed relief from the long and cold Chicago winters. We bought a home that we could see doing all this in over the next 40+ years, but for now we can only spend a few months there a year so need to rent it out on a short term basis for those months/weeks we can't be there. If we don't have a viable STR option, we will need to sell the house and look elsewhere for our short and long term family/lifestyle plans. We've hired Seabreeze, at a premium, to help us manage STRs and keep up our high standards for our home and our renters. They have been absolutely amazing to work with and we have received no complaints from neighbors, renters or Seabreeze. Please consider us, our story and our lives, as you discuss this item tomorrow. I'm sure we're not alone. Thank you for your consideration, Maggie and Rod Adams Planning Commission - December 3, 2020 Item No. 3c Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) From:Meagan Cooper To:Planning Commissioners Subject:Treating Newport Island differently is unfair and inequitable Date:Wednesday, December 02, 2020 4:16:18 PM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Planning Commission, By means of introduction, I am Meg Cooper, and I am a responsible short-term rental owner on Newport Island. I recently became aware of the Planning Commission public hearing regarding short term lodging on Newport Island and I would like to explain my strong opposition to the proposed changes, namely: "Any existing short-term lodging unit located on Newport Island will be permitted to remain provided it is located on an owner-occupied parcel and managed by the owner of the owner-occupied unit within one- year of the effective date of the ordinance adopting the amendment." Here is my position and arguments… Let me take the second point first - properties must be managed by the owner of the owner- occupied unit. I actually am in an owner occupied property. I own a duplex and rent out the front unit and live in the small back apartment. I am also an HR Executive locally here - I have been honing this craft for over 20 years, living in multiple different countries and cities, working with companies and executives on best practice HR initiatives. I know a LOT about best-in-class HR for fortune 100 companies. In contrast, I know very little about managing a vacation rental, which is why, I hired Seabreeze Vacation Rentals to manage my property for me. They are the best-in-class in the business. I wanted the property to be managed in a way that keeps both my property, my guests, my neighbors and myself in the best possible situation — and I have the self awareness to know that is better handled by a professional organization that does this for a living, rather than by me. Now don’t get me wrong, Seabreeze charges 25% of my income to manage this for me. But to me, that is worth it, because I KNOW they will do (and have done!) a much better job than I ever could in managing and maintaining my property. So this recommendation is just absurd — I can confidently say that if I had to let go of Seabreeze and manage my property alone, the quality of the guests, property, and neighbor experience would go downhill significantly. What facts does the Commission have that Owner managed units are more responsibly owned than Professional Rental managed properties? I’m curious. Now, onto the first point, that permits will be allowed to remain provided it is located on an owner-occupied parcel. Like I mentioned, I live in an owner-occupied unit. My plan was to stay in that small, two-bedroom apartment for a few years, then move on to something a little larger for my growing family. That was the decision I made when I bought this $2.5m home. Since then, things have changed in my neighborhood. My unit (and the only entrance-exit to my unit) backs up to a VERY dangerous man. A man, who lives NOT in a STR or a LTR, but lives with his wife in a home they own in trust for the past 15 years. After one of his more recent arrests that occurred in the alley between my house and his, he violently came after me in the alley, threatening my life and that of my same-sex partner. He has come after me multiple times since. On recommendation of the NBPD, I filed a restraining order against this Planning Commission - December 3, 2020 Item No. 3c Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) man, which was granted by a judge in less than 30 minutes and for a period of 5 years, rather than 3 years (the norm) without us even asking for this. He is a proven “clear and convincing danger” to me and my family. Now, I keep my doors locked at all times, my windows closed, and every time I walk out the door, I am walloped by fear. This is no way to live. We need to move. My partner and I actually just put an offer in on a house - locally on the Peninsula. Now I understand this is an extreme case - but the thought of forcing citizens where they MUST live, safe or unsafe, ideal or unideal, based on decisions that were made prior to this amendment being brought up for discussion is not only unfair, but a complete government overstep. And I would like to close with the fact that I have been asking for facts on the inequitable treatment of Newport Island from the rest of Newport Beach since this issue first was raised and still have seen no facts. So let me share some facts based off the “assumptions” and “arguments” I’ve heard from other Newport Island residents: “Oh but the Parking!” - FACTS: I have a 4-car garage. Parking isn’t an issue for my property. There is more than enough parking for me, and our guests. And to contrast this, the majority of my owner-neighbors live in multi-generational, hand-me-down homes with a minimum of 3-4 cars per family AND a garage so packed that they have to park all of these cars on the street. Where’s the parking problem here? “This Island is for families, we don’t want frat parties here” - FACTS: My partner and I are a family. It might look different than other families on Newport Island, but we are a family nonetheless. And our front-unit is a 4-bedroom, BEAUTIFUL home that rents for $750-1000 a night - this is not a price point for frat parties. In fact, the vast majority of our guests are (wait for it...) families! Families that love to spend time in Newport Beach, have been doing so for years, they visit the restaurants, rent surfboards and paddle boards and add to the amazing culture of Newport Beach “But it’s an Island” - FACTS: what?? What does a landmass have to do with STRs? And if it has ANYTHING to do with STR regulations, Newport Beach has 7 islands. Why is this ONE island being singled out and treated differently? Our constitution has a rationale that bases laws on not singling people out. A basis where the majority of torch-bearers who hate change, can’t come and surround the minority of us, that are working to manage a responsible local business. STR owners only represent 10% of the Newport Island population - there are just approx. 10 of us on Newport Island - we ARE the minority. I urge you to dismiss this amendment and the torch-bearers, and rather, enforce the violations if and when they arise. Thank you, Meg Cooper 949-698-0173 meg.cooper0410@gmail.com Planning Commission - December 3, 2020 Item No. 3c Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) From:Jeff SeaBreeze To:Meagan Cooper Cc:Planning Commissioners Subject:Re: Treating Newport Island differently is unfair and inequitable Date:Wednesday, December 02, 2020 4:33:43 PM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Well, if that doesn’t put an end to this subject I don’t know what will. Well written! On Wed, Dec 2, 2020 at 4:16 PM Meagan Cooper <meg.cooper0410@gmail.com> wrote: Dear Planning Commission, By means of introduction, I am Meg Cooper, and I am a responsible short-term rental owner on Newport Island. I recently became aware of the Planning Commission public hearing regarding short term lodging on Newport Island and I would like to explain my strong opposition to the proposed changes, namely: "Any existing short-term lodging unit located on Newport Island will be permitted to remain provided it is located on an owner-occupied parcel and managed by the owner of the owner-occupied unit within one-year of the effective date of the ordinance adopting the amendment." Here is my position and arguments… Let me take the second point first - properties must be managed by the owner of the owner- occupied unit. I actually am in an owner occupied property. I own a duplex and rent out the front unit and live in the small back apartment. I am also an HR Executive locally here - I have been honing this craft for over 20 years, living in multiple different countries and cities, working with companies and executives on best practice HR initiatives. I know a LOT about best-in-class HR for fortune 100 companies. In contrast, I know very little about managing a vacation rental, which is why, I hired Seabreeze Vacation Rentals to manage my property for me. They are the best-in-class in the business. I wanted the property to be managed in a way that keeps both my property, my guests, my neighbors and myself in the best possible situation — and I have the self awareness to know that is better handled by a professional organization that does this for a living, rather than by me. Now don’t get me wrong, Seabreeze charges 25% of my income to manage this for me. But to me, that is worth it, because I KNOW they will do (and have done!) a much better job than I ever could in managing and maintaining my property. So this recommendation is just absurd — I can confidently say that if I had to let go of Seabreeze and manage my property alone, the quality of the guests, property, and neighbor experience would go downhill significantly. What facts does the Commission have that Owner managed units are more responsibly owned than Professional Rental managed properties? I’m curious. Now, onto the first point, that permits will be allowed to remain provided it is located on an owner-occupied parcel. Like I mentioned, I live in an owner-occupied unit. My plan was to stay in that small, two-bedroom apartment for a few years, then move on to something a Planning Commission - December 3, 2020 Item No. 3c Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) little larger for my growing family. That was the decision I made when I bought this $2.5m home. Since then, things have changed in my neighborhood. My unit (and the only entrance-exit to my unit) backs up to a VERY dangerous man. A man, who lives NOT in a STR or a LTR, but lives with his wife in a home they own in trust for the past 15 years. After one of his more recent arrests that occurred in the alley between my house and his, he violently came after me in the alley, threatening my life and that of my same-sex partner. He has come after me multiple times since. On recommendation of the NBPD, I filed a restraining order against this man, which was granted by a judge in less than 30 minutes and for a period of 5 years, rather than 3 years (the norm) without us even asking for this. He is a proven “clear and convincing danger” to me and my family. Now, I keep my doors locked at all times, my windows closed, and every time I walk out the door, I am walloped by fear. This is no way to live. We need to move. My partner and I actually just put an offer in on a house - locally on the Peninsula. Now I understand this is an extreme case - but the thought of forcing citizens where they MUST live, safe or unsafe, ideal or unideal, based on decisions that were made prior to this amendment being brought up for discussion is not only unfair, but a complete government overstep. And I would like to close with the fact that I have been asking for facts on the inequitable treatment of Newport Island from the rest of Newport Beach since this issue first was raised and still have seen no facts. So let me share some facts based off the “assumptions” and “arguments” I’ve heard from other Newport Island residents: “Oh but the Parking!” - FACTS: I have a 4-car garage. Parking isn’t an issue for my property. There is more than enough parking for me, and our guests. And to contrast this, the majority of my owner-neighbors live in multi-generational, hand-me-down homes with a minimum of 3-4 cars per family AND a garage so packed that they have to park all of these cars on the street. Where’s the parking problem here? “This Island is for families, we don’t want frat parties here” - FACTS: My partner and I are a family. It might look different than other families on Newport Island, but we are a family nonetheless. And our front-unit is a 4-bedroom, BEAUTIFUL home that rents for $750-1000 a night - this is not a price point for frat parties. In fact, the vast majority of our guests are (wait for it...) families! Families that love to spend time in Newport Beach, have been doing so for years, they visit the restaurants, rent surfboards and paddle boards and add to the amazing culture of Newport Beach “But it’s an Island” - FACTS: what?? What does a landmass have to do with STRs? And if it has ANYTHING to do with STR regulations, Newport Beach has 7 islands. Why is this ONE island being singled out and treated differently? Our constitution has a rationale that bases laws on not singling people out. A basis where the majority of torch-bearers who hate change, can’t come and surround the minority of us, that are working to manage a responsible local business. STR owners only represent 10% of the Newport Island population - there are just approx. 10 of us on Newport Island - we ARE the minority. I urge you to dismiss this amendment and the torch-bearers, and rather, enforce the violations if and when they arise. Thank you, Meg Cooper Planning Commission - December 3, 2020 Item No. 3c Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) 949-698-0173 meg.cooper0410@gmail.com -- JEFFBOSSON NEWBUSINESSDEVELOPMENT c: 949-216-8566 v: CLICK HERE TO VIEW SEABREEZE VIDEO a:2523 W Coast Hwy, Newport Beach, CA 92663 s: www.seabreezevacationrentals.com . Inline image Inline image . Inline image Planning Commission - December 3, 2020 Item No. 3c Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) From:Mitch Meleski To:Planning Commissioners Subject:Re: STR on Newport Island Date:Wednesday, December 02, 2020 4:55:38 PM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. To the Newport Beach Planning Commission, I am writing on behalf of Mason Ye, owner of the licensed short-term rental property located at 402 38th Street on Newport Island. As a recent client of our growing, boutique management company, Mason has in all aspects acted as what we consider to be a "model owner." While other owners may hesitate to invest in facilitating a smoothly-run rental, he has jumped at any opportunity to improve his business. Not only has he immediately implemented our recommendations, whether for monitoring the property (external cameras) or adding to the comfort of guests, but he has also insisted that we include him as an available contact. He has personally introduced himself to each group so far, as he is often on Newport Island visiting family next door. Given his relation with the community and the property itself, we go beyond typical structures for nightly minimums and vetting guests to ensure there are no issues. This level of investment and attentiveness is everything we hope for in our partners, as we emphasize a personal touch of hospitality throughout our business. We understand the common concerns related to short term rentals, but are confident that our perfect track record of respectful guests will continue, especially with Mason's assistance. We sincerely hope that you will allow the continued operation of this and all other rule-abiding rentals on Newport Island. Thank you very much, Mitch Meleski Ocean Group Rentals Planning Commission - December 3, 2020 Item No. 3c Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) MICHAEL ZUCCATO NEWPORT ISLAND RESIDENT December 2, 2020 Planning Commission of Newport Beach Re: Update current coastal zoning regulations and their impact on short term lodging Dear Planning Commission, Thank you for your time and consideration regarding an issue that will significantly impact our investments and quality of life on Newport Island. I am a 35-year resident of Newport Beach and would like to thank the planning commission for taking the time to read my response to the recent ordinance impacting our short-term rental (STRs) on Newport Island. A few years ago, we purchased an investment property about a block away from our residence on Newport Island. We relied on existing coastal zoning regulations, coastal land use plan, city permitting, California Coastal Commission zonings along with State and City designations when making the decision to purchase our investment property on Newport Island. Although we understand the concerns of the minority of those in our community who have expressed their concerns about short term renters (parking, noise, partying, use of city resources, etc.), the facts simply don’t support their claims. We have never had a short-term renter that required the police or fire departments or that lead to a complaint from our neighbors. Since we live a block away, we are available to address any issue that may arise. The only issue we had with a renter, was with a long-term renter that partially blocked the sidewalk. Someone actually took a photo of this and submitted it to the City Council incorrectly claiming it was a short- term renter. I understand there are problem operators but there are also problem long-term renters and home owners as well. I have attached a letter that was submitted to the City Council earlier this year that addressed many of the relevant issues; parking, noise, trash, safety etc. The property rights of those who purchased properties while relying on existing zoning regulations must be protected by the City Council. There are other remedies available to the City Council that will address the concerns of our neighbors without a de facto ban on short-term rentals. Noise curfews, trash polices and parking policies should all be enforced by existing regulations and codes. Although I agree with most everyone who lives here and believe Newport Island is a beautiful place to live, it’s still part of the peninsula community as is Balboa Island and the beautiful homes along River Street (just 30 feet on the other side of the canal). Here there are a dozen or so short-term rental units that are closer to our family room and in plain sight of all of us that live on Marcus. Is there going to be a ban on River Street and the rest of Planning Commission - December 3, 2020 Item No. 3c Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) 2 the Newport Peninsula as well? If not, the City Council’s decision is discriminatory on its face and should be rejected by the Planning Commission and the California Coastal Commission. Responsible short-term renters on Newport Island provide a means for people who can’t afford to live here, to enjoy this special area. The owner-occupied requirement suggested by the City Council will result in an de facto ban on STRs on Newport Island because it’s not feasible nor cost effective to live in a multi-million-dollar investment rental property, especially when your residence is just one block away. I do believe the City Council and some of our neighbors who support the ban or owner-occupied requirement of STRs have the best intentions but are misguided as the reality simply do not support their claims. For example: short term renters actually use less parking than full-time residents. Full time residents also have parties in the summer and create unsightly trash from time to time. If I moved in the flight path of John Wayne Airport, I’d expect some airplane noise from time to time. People who have lived on the peninsula (including Newport Island and Balboa Island) understand this is a special vacation destination area and people have been renting short term here for decades. We used to call them “weeklies” back in the day before the online booking platforms existed. Instead of going through the screening process used by Airbnb or VRBO, prospective renters simply called a number on the house and with the cash, they were in. For us living on Newport Island, we have some excellent remedies available to us that will help improve the quality of life here. Let’s use these remedies to close down the problem short-term rental operators and keep the good ones which will allow us to share this amazing place with those less fortunate. I’m hopeful we can be inclusive of everyone regardless of what side of this issue they are on and help build a better community. Thank you for your kind consideration and we look forward to finding a safe equitable and fair solution for everyone involved. Please reject any further changes to the STR regulations as well as the owner-occupied de facto ban on short-term rentals on Newport Island. The decision to change these regulations only on Newport Island is discriminatory, wrong and violates the property rights of those who have relied on current regulations and zoning to their detriment. Sincerely, Michael Zuccato Newport Island Resident Planning Commission - December 3, 2020 Item No. 3c Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3c Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3c Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3c Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3c Additional Materials Received Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) From:DONALD ROGERS To:Planning Commissioners Subject:Newport island Date:Thursday, December 3, 2020 9:23:49 AM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. I am a 20 resident of Newport island. I am very discouraged that the City is currently in the process of taking away my rights without compensation for the taking. Restriction on my ability to rent is a taking of property rights. Please reconsider. The real problem is lack of enforcement of noise ordinances. You do not need to take property rights to solve the problems Don Rogers 9094862771 Sent from my iPhone Planning Commission - December 3, 2020 Item No. 3d Additional Materials Received After Deadline Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission - December 3, 2020 Item No. 3d Additional Materials Received After Deadline Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) From:Barry Mycorn To:Planning Commissioners Cc:Mason Foster Ye Date:Thursday, December 3, 2020 12:46:41 PM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. To whom it may concern: I am Barry Mycorn at 400 38th St, a long-time resident of the area. I’m writing today in support of Mason F. Ye, who is not just a fellow resident of this community, but is also my godson, a friend, and a brother to my own son, Randall. We consider Mason family, and I’ve known him now for well over a decade. He’s an excellent young man, and I wholeheartedly vouch for his character. Since Mason’s father bought the house next door to mine in 2015, Mason’s put a lot of effort into making it a home, and this property has really been a labour of love for him. Together, Mason’s family and mine have shared many happy memories in our community. I fondly remember standing in my driveway when Mason and Ashley, the mother of his kids and another valued member of this community, came home from Hoag Hospital with their newborn son, Damien. This community is where Mason become a father, and like myself and others here, Mason is dedicated to preserving its peace, quiet and safety. I have met every tenant so far, and they have all been good people. As a property owner myself, I strongly support our community’s efforts in weeding out rowdy renters — our community is no place for inconsiderate tenants, parties that go well into the early hours of the morning, or other people who may disturb the pristine conditions of this island. With that in mind, I feel compelled to similarly state that I have not experienced any disturbances whatsoever from Mason’s tenants. I trust Mason, and I urge this council to do so as well, as I’m confident the people he opens his home to can be trusted as well. Being a father, a working young man, and now a determined student of the law pursuing his Juris Doctor — these are not small responsibilities, and Mason takes them very seriously. He is just as committed to the responsibility of home ownership in one of Newport Beach’s finest areas, and I believe whatever issues this community may have with short-term tenants can be resolved by means other than a blanket ban on short term rentals — a source of income important for many homeowners during this pandemic, and a lifeline to families who want to temporarily explore what Newport Beach has to offer before making long-term decisions to buy property and settle here. I urge this committee and those concerned to give the highest consideration to homeowners like Mason, and I trust everyone will come to a decision that benefits all of our residents. Sincerely, Barry Mycorn Sent from my iPhone Planning Commission - December 3, 2020 Item No. 3d Additional Materials Received After Deadline Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Planning Commission December 3, 2020 LCP Amendment Short-Term Lodging on Newport Island Planning Commission - December 3, 2020 Item No. 3e Additional Materials Presented at Meeting by Staff Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Community Development Department -Planning Division 2 Early 2019 To address complaints from residents. City Council Ad Hoc Committee formed to develop a STL Code that balances the quality of life needs of the residents with the needs of the property owners Note: STL allowed in residential zone except R-1 or Mixed-Use zones Planning Commission - December 3, 2020 Item No. 3e Additional Materials Presented at Meeting by Staff Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Community Development Department -Planning Division 3 ORDINANCE #2020-15 Adopted -July 14,2020 –Phase I Changes to Title 5: Operational Rules Permit number postings Platform responsibility Tighter enforcement Minimum age to rent Planning Commission - December 3, 2020 Item No. 3e Additional Materials Presented at Meeting by Staff Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Community Development Department -Planning Division 4 ORDINANCE #2020-26 Adopted –Oct 27,2020 –Phase II Changes to Title 5: 3-night stay 1550 permit cap; waiting list; transferability 25 -year minimum age Owner responsibility for parking violations Changes to Title 21 (LCP)-under review 3-night stay and 1550 permit cap Planning Commission - December 3, 2020 Item No. 3e Additional Materials Presented at Meeting by Staff Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Initiation of Proposed Amendments Community Development Department -Planning Division 5 City Council Initiation October 13, 2020•At request of Ad Hoc Committee and in response to increased complaints from Newport Island residents •6-1 vote to prohibit new permits on Newport Island •5-2 vote to require existing permits transition to owner-occupied and managed Planning Commission - December 3, 2020 Item No. 3e Additional Materials Presented at Meeting by Staff Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) LCP Amendment Summary Prohibits issuance of new permits on Newport Island Phases out existing permits (approx. 2 years) Retains existing permits for owner- occupied and managed permits Community Development Department -Planning Division 6 Planning Commission - December 3, 2020 Item No. 3e Additional Materials Presented at Meeting by Staff Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Unique Geography Predominately single-family (68% of lots) 475% increase in properties used for short-term rentals in last 3 years Community Development Department -Planning Division 7 Planning Commission - December 3, 2020 Item No. 3e Additional Materials Presented at Meeting by Staff Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Short-Term Lodging Impacts Community Development Department -Planning Division 8 Noise Refuse Parking Traffic Exacerbated on Newport Island Planning Commission - December 3, 2020 Item No. 3e Additional Materials Presented at Meeting by Staff Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Parking Impacts Community Development Department -Planning Division Multiple Curb Cuts Single Loaded Parking Narrow Streets 9 Limited on-street parking•Small lots & limited alley access multiple curb cuts •Narrow streets single loaded parking Demand for parking•Residents, transient users, public access (off-peak) Planning Commission - December 3, 2020 Item No. 3e Additional Materials Presented at Meeting by Staff Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Impacts to: -Circulation -Pedestrian -Emergency Community Development Department -Planning Division 10 Planning Commission - December 3, 2020 Item No. 3e Additional Materials Presented at Meeting by Staff Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Public Access Community Development Department -Planning Division 11 PB PB Public Beach Park Public Beach Access Location LCP Coastal Access and Recreation Planning Commission - December 3, 2020 Item No. 3e Additional Materials Presented at Meeting by Staff Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Recommended Action 1.Conduct the public hearing 2.Find this action is exempt/not subject to CEQA 3.Recommend City Council approve LCP Amendment Community Development Department -Planning Division 12 Planning Commission - December 3, 2020 Item No. 3e Additional Materials Presented at Meeting by Staff Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) For more information Contact Questions? Jaime Murillo, AICP 949-644-3209 jmurillo@newportbeachca.gov www.newportbeachca.gov Community Development Department -Planning Division 13 Planning Commission - December 3, 2020 Item No. 3e Additional Materials Presented at Meeting by Staff Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) 14 Why address STL Complaints received on short-term lodging by the City Council and City staff. Complaints are City wide. Very little regulations on the books. Note: Short-term lodging 30 days or less is not a Property Right Planning Commission - December 3, 2020 Item No. 3e Additional Materials Presented at Meeting by Staff Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) 15 STL CODE ENFOR CEMEN T STL 2017 2018 2019 2020 Complaints 294 240 128 136 NOV 120 63 70 10 Citations 102 44 40 33 STL BAN 2020 Complaints 87 Citations 17 STL CODE ENFORCEMENT Community Development Department -Planning Division Planning Commission - December 3, 2020 Item No. 3e Additional Materials Presented at Meeting by Staff Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) 16 AD HOC COMMITTEE MEMBERS Joy Brenner, Diane Dixon, Jeff Herdman PUBLIC MEETINGS 1 Jan 19, 2019 City Council Study Session 2 Aug 19, 2019 Community Meeting 3 Oct 14, 2019 District 5, Town Hall 4 Oct 26, 2019 District 6, Town Hall 5 Nov 19, 2019 City Council Study Session 6 Feb 3, 2020 District 1, Town Hall 7 Feb 11, 2020 City Council Meeting 8 Jun 23, 2020 Ordinance 2020-15 Introduced 9 Oct 13, 2020 Ordinance 2020-26 Introduced Planning Commission - December 3, 2020 Item No. 3e Additional Materials Presented at Meeting by Staff Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Community Development Department -Planning Division 17 Hours, Hours, & Hours Spent City Council Ad Hoc Committee spent a lot of time with: Residents Community Groups (Non-City Surveys) Operators Businesses Meetings, Conference Calls, Emails…Meetings Planning Commission - December 3, 2020 Item No. 3e Additional Materials Presented at Meeting by Staff Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Community Development Department -Planning Division 18 Potential Over 10,000 Units Planning Commission - December 3, 2020 Item No. 3e Additional Materials Presented at Meeting by Staff Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) 19 ACTIVE SHORT-TERM LODGING PERMITS CONCENTRATED AREAS (2020) Planning Commission - December 3, 2020 Item No. 3e Additional Materials Presented at Meeting by Staff Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Active STL Comparable Cities CITY Active STL Permits San Clemente*172 Carpinteria*215 Huntington Beach*266 BNB Anaheim 277 Dana Point*307 Santa Monica*340 Carlsbad*690 Newport Beach*1,478 20 *Coastal City Community Development Department -Planning Division Planning Commission - December 3, 2020 Item No. 3e Additional Materials Presented at Meeting by Staff Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Year Number of Properties Registered 2007 707 2008 731 2009 678 2010 677 2011 661 Low Point 2012 704 2013 738 2014 749 2015 769 2016 957 2017 1028 2018 1070 2019 1055 +60% 21 Active Properties History Community Development Department -Planning Division Planning Commission - December 3, 2020 Item No. 3e Additional Materials Presented at Meeting by Staff Short-Term Lodging on Newport Island LCP Amendment (PA2020-326) Year Active Units 2016 1068 2017 2018 2019 2020 1478 +38% 22 Active Units History Community Development Department -Planning Division Planning Commission - December 3, 2020 Item No. 3e Additional Materials Presented at Meeting by Staff Short-Term Lodging on Newport Island LCP Amendment (PA2020-326)