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Home My WebLink About08 - Reestablishing the Ad Hoc Committee on Short Term LodgingQ SEW Pp�T CITY OF 5 == z NEWPORT BEACH <,FORN'P City Council Staff Report March 23, 2021 Agenda Item No. 8 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Seimone Jurjis, Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov TITLE: Resolution No. 2021-24: Reestablishing the Ad Hoc Committee on Short Term Lodging ABSTRACT: At the March 10, 2020 City Council meeting, the City Council adopted Resolution No. 2020-23 reestablishing the Ad Hoc Committee on Short Term Lodging ("Ad Hoc Committee") with three City Council Members to review and determine whether provisions of the Short Term Lodging ordinance should be modified and to make recommendations to the entire City Council. The Committee is to sunset on June 30, 2021. The committee members would like to continue to further study short term lodging issues related to enforcement and regulation in the coastal zone, and desires to reestablish and extend the Ad Hoc Committee. For the City Council's consideration, is a resolution reestablishing and extending the Ad Hoc Committee until June 30, 2022. RECOMMENDATION: a) Determine this action is exempt from the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because this action will not result in a physical change to the environment, directly or indirectly; and b) Adopt Resolution No. 2021-24, A Resolution of the City Council of the City of Newport Beach, California, Reestablishing the Ad Hoc Committee on Short Term Lodging DISCUSSION: At the June 23, 2020 City Council Meeting, the City Council adopted Ordinance No. 2020- 15 amending Section 3.16.060 and Chapter 5.95 of the Newport Beach Municipal Code related to short term lodging. Per Resolution No. 2020-23 the Ad Hoc Committee is set to sunset on June 30, 2021. The Ad Hoc Committee would like to continue their review and enforcement of short term lodging. Due to the automatic sunset of the Ad Hoc Committee, a new resolution, reestablishing the Ad Hoc Committee is required. The attached resolution rescinds Resolution No. 2020-23 and reestablishes the Ad Hoc Committee, comprised of City Council Members Diane Dixon, Joy Brenner, and Duffy Duffield. 8-1 Resolution No. 2021-24: Reestablishing the Ad Hoc Committee on Short Term Lodging March 23, 2021 Page 2 FISCAL IMPACT: There is no fiscal impact related to this item. ENVIRONMENTAL REVIEW: Staff recommends the City Council find approval of the Agreement is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENT: Attachment A — Resolution No. 2021-24 8-2 ATTACHMENT A RESOLUTION NO. 2021-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, REESTABLISHING THE AD HOC COMMITTEE ON SHORT TERM LODGING WHEREAS, Short Term Lodging is currently defined under Section 5.95.010 (Definitions) of the Newport Beach Municipal Code ("NBMC") as a dwelling unit that is rented or leased as a single housekeeping unit for a period of thirty (30) consecutive calendar days or less; WHEREAS, in July 2019, the City Council adopted Resolution No. 2019-69 forming the Ad Hoc Committee on Short Term Lodging, comprised of three (3) Council Members, to review and determine whether provisions of the Short Term Lodging ordinance set forth in Chapter 5.95 (Short Term Lodging Permit) of the NBMC ("Short Term Lodging Ordinance") should be modified and to make a recommendation to the entire City Council in regards thereto; WHEREAS, Section 2 of Resolution No. 2019-69 set the expiration of the Ad Hoc Committee on Short Term Lodging to expire automatically upon its recommendation to the City Council of proposed changes to the Short Term Lodging Ordinance; WHEREAS, at the February 11, 2020 meeting, the City Council gave first reading to Ordinance No. 2020-8 updating the Short Term Lodging Ordinance based, in part, upon recommendations of the Ad Hoc Committee on Short Term Lodging, therefore, the committee automatically terminated on that date; WHEREAS, at the February 25, 2020 meeting, the City Council gave direction to further study Short Term Lodging issues and expressed a desire to reestablish the Ad Hoc Committee on Short Term Lodging, WHEREAS, at the March 10, 2020 meeting, the City Council adopted Resolution No. 2020-23 extending the Ad Hoc Committee on Short Term Lodging to June 30, 2021, unless terminated sooner by the City Council; WHEREAS, at the June 23, 2020 meeting, the City Council adopted Ordinance No. 2020-15 amending Section 3.16.060 and Chapter 5.95 (Short Term Lodging Permit) of the NBMC relating to Short Term Lodging; and RIM Resolution No. 2021 - Page 2 of 3 WHEREAS, the Ad Hoc Committee on Short Term Lodging would like to continue to further study Short Term Lodging issues related to enforcement and regulation in the coastal zone and desires to reestablish and extend the Ad Hoc Committee on Short Term Lodging. NOW, THEREFORE, the City Council of the City of Newport Beach resolved as follows: Section 1: The City Council hereby rescinds Resolution No. 2020-23 and reestablishes the Ad Hoc Committee on Short Term Lodging, comprised of Council Members Diane Dixon, Joy Brenner, and Duffy Duffield. The purpose and responsibility of the Ad Hoc Committee on Short Term Lodging shall be to review, determine and make recommendations to the entire City Council regarding proposed revisions to the NBMC related to Short Term Lodging enforcement and regulation in the coastal zone as well as any other actions necessary to comply with the California Coastal Act, as set forth in California Public Resources Code Section 30000 et seq. Section 2: The Ad Hoc Committee on Short Term Lodging shall be an advisory committee and shall expire on June 30, 2022 unless terminated sooner by the entire City Council. Section 3: The Ad Hoc Committee on Short Term Lodging shall not be subject to the Brown Act; however, the recommendation of the Ad Hoc Committee on Short Term Lodging shall be considered at a noticed and public hearing by the entire City Council. Section 4: The recitals provided in this resolution are true and correct and are incorporated into the operative part of this resolution. Section 5: If any section, subsection, sentence, clause or phrase of this resolution is, for any reason, held to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of the remaining portions of this resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 6: The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Resolution No. 2021 - Page 3 of 3 Section 7: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting the resolution. ADOPTED this 23rd day of March, 2021. Brad Avery Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFI E Aar n C. Harp City Attorney RE