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HomeMy WebLinkAbout26 - A Code Amendment Related to Short -Term Lodging Citywide and on Newport Island (PA2020-048 and PA2020-326) - CorrespondenceReceived After Agenda Printed November 30, 2021 Mulvey, Jennifer Item No. 26 Subject: FW: Short term lodging LC2020-007 From: Murillo, Jaime <JMurillo(a)newportbeachca.gov> Sent: Monday, November 29, 20217:53:18 AM (UTC -08:00) Pacific Time (US & Canada) To: City Clerk's Office <CityClerk@newportbeachca.go�> Subject: FW: Short term lodging LC2020-007 Comments on Agenda Item 26. From: Mike Regus <hobie2626@yahoo.com> Sent: November 27, 202111:58 AM To: Murillo, Jaime <JMurillo@newportbeachca.gov> Subject: Short term lodging LC2020-007 Jaime, I disagree with short term lodging. I own a duplex at 306 36th St and have long term tenants in both units. A 2 unit vacation rental was just constructed next to my property and the tenants complain it is like living next to a hotel, with numerous cars blocking the alley and parking illegally, 10 or more people in each rental each weekend, loud parties constantly, trash, and other issues. Limiting the number of permits does not appear equitable especially for landlords that would change from long term rentals to short term. Minimum night stay of two nights is causing turnover like a hotel. The minimum night stay should be one week if vacation rentals are allowed. For the longest time, peninsula rentals were either yearly or, for 9 months and weekly in the summer. This method should be considered. Please call if you desire. Mike Regus 714-334-1641 Received After Agenda Printed November 30, 2021 Mulvey, Jennifer Item No. 26 Subject: FW: Short Term Lodging Amendments From: Larry Leifer <lawrelei gmail.com> Sent: Monday, November 29, 2021 12:46:30 PM (UTC -08:00) Pacific Time (US & Canada) To: City Clerk's Office <CityClerk@newportbeachca.gov> Subject: Short Term Lodging Amendments To: Newport Beach City Council Persons: We wish to express our support of the Short Term Lodging Amendments to be heard at the City Council meeting on November 30, 2021. We firmly believe that the amendments, already approved by the Coastal Commission, are in the best interest of our community and urge the Council to pass them. Lawrence and Susan Leifer 3706 Channel Place Newport Island Newport Beach, Ca 92663 Received After Agenda Printed November 30, 2021 Mulvey, Jennifer Item No. 26 Subject: FW: Agenda Item 26 From: Gary Cruz <gdcruz194%boutlook.com> Sent: Monday, November 29, 2021 1:54:47 PM (UTC -08:00) Pacific Time (US & Canada) To: City Clerk's Office <CityClerk@newportbeachca.gov> Subject: Agenda Item 26 Dear Mayor Avery and Honorable City Council Members, I am writing to encourage you to vote in favor of Ordinance No. 2021-28: A Code Amendment Related to Short -Term Lodging Citywide and on Newport Island (PA2020-048 and PA2020-326). Residents on Newport Island were pleased with city council approving the recommendations specific to Newport Island that were sent to the Coastal Commission and with how City Staff presented our case. I attended and spoke at the Zoom meeting and I was impressed with the discussion and the outcome. The only'No' vote came from one of the commissioners who had concerns unrelated to the recommendations but with the omission of discrimination guidelines. My presentation: "Good morning Commissioners. My name is Gary Cruz and 1 have lived on Newport Island since 1986. Thank you for offering an opportunity for the residents of Newport Island to present our case for amendments to the Newport Beach Local Coastal Program specific to Newport Island regarding Short Term Rentals. 1 am appreciative that the Newport Beach City Council and Staff have worked with the California Coastal Commission Staff and have submitted recommendations that, if approved in their entirety, will provide proactive relief for residents that have been adversely impacted by the growth of Short -Term Rentals on the island. Code enforcement was reactive, unsuccessful, a drain on city services and a strain on residents. Obviously, staff has done their homework and 1 will not waste your valuable time citing how residents have been impacted. The recommendations, with the modifications, addresses all our needs and concerns. Newport Beach Mayor, the Honorable Brad Avery, summed it up well when he said..." we didn't know we had a problem until we had a problem." Until you experience having an STR nearby you don't appreciate the many ways they can impact your quality of life. Especially in a unique setting like Newport Island. Our proximity to a tourist region does not mean we are a vacation community. We are a quiet residential neighborhood. We are not denying anyone coastal access nor are we infringing on anyone's property rights or efforts to generate revenue. We are only asking that owners respect the property rights and wishes of many residents on Newport Island. Over 85% of property owners on the island signed a petition to require owner occupied and managed as a requirement to hold a STR permit. Please vote YES for the recommendations." I hope you agree that how well the City worked with Coastal on this matter represents a positive step. Thank You! Gary Cruz Received After Agenda Printed November 30, 2021 Mulvey, Jennifer Item No. 26 Subject: FW: November 30, 2021 Agenda Item: Opposition to Amendment to Restrict STR to Owner -Occupied Dwellings From: Lori Bowman <lorib425@yahoo.com> Sent: Monday, November 29, 20213:14:36 PM (UTC -08:00) Pacific Time (US & Canada) To: City Clerk's Office <CityClerk@newportbeachca.gov>; Avery, Brad <bavery@newportbeachca.gov>; Dixon, Diane <ddixon@newportbeachca.gov>; Duffield, Duffy <dduffield@newportbeachca.gov>; Muldoon, Kevin <kmuldoon@newportbeachca.gov>; Blom, Noah <NBlom 0newportbeachca.gov>; Brenner, Joy <JBrenner@newportbeachca.gov>; O'Neill, William <woneill@newportbeachca.gov> Subject: November 30, 2021 Agenda Item: Opposition to Amendment to Restrict STR to Owner -Occupied Dwellings To Newport Beach City Council, We are writing to oppose item #26 on the November 30 City Council agenda regarding the amendment to the Short Term Lodging ordinance (2021-28). The proposed requirement to only allow owners on Newport Island to rent for a short term if the property is an owner -occupied dwelling is unfair and is not an adequate solution to the issues with short term lodging. We agree that those renters who are not following the rules and who are renting to disruptive parties should be fined or have their permits revoked. But we don't feel it is fair to penalize responsible renters who follow the rules by completely eliminating our ability to rent our property on a short term basis. This is a violation of the property owners' rights to rent our homes as we are currently legally permitted by the City of Newport Beach to do so. When this amendment was considered by the Newport Beach Planning Commission in a previous meeting, they voted to recommend that the City Council deny this zoning amendment with prejudice. The Planning Commission advised that this amendment will deny owners their property rights and also eliminate already permitted rights that were legally granted to existing STR operators. We currently own a home on Newport Island with our siblings 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 arc responsible renters and do not rent to parties who cause disturbances or damage property. We follow all city rules related to STRs and renew our business license and STR permit on a timely basis. Our property does not fall under the "owner occupied" category and it would cause a significant drop in income and financial hardship to maintain our property if we were unable to generate short-term rental income. We are aware of the ongoing problems with short-term tenants who are disruptive, disrespectful and damage property and we understand the importance of establishing rules and policies to penalize property owners on the Island who rent to the "bad seeds". However, we don't 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 recommendation claim Newport Island is a unique residential community but 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. We understand the need and importance to consider all of Newport Island property owners' and residents' viewpoints and concerns but do not believe that restricting short term renting to owner -occupied dwellings only is a fair and equitable compromise for all parties involved. The solution is continued enforcement of the STR regulations that were passed in 2020, NOT to eliminate property rights for those who do not have owner - occupied units. We implore you to review the Planning Commission recommendation and not discriminate against property owners on Newport Island who have responsibly followed and adhered to the STR rules and regulations. Thank you for your time and consideration. Best regards, Lori & Lynne Bowman Property Owners 506 38th St., Newport Island lorib425 (kyahoo. com lynnebee25 &yahoo. com Cell Phone: (310) 621-1237 Received After Agenda Printed November 30, 2021 Mulvey, Jennifer Item No. 26 Subject: FW: STR From: Mark Markos <msm619@vmail.com> Sent: November 29, 20213:26 PM To: Dept - City Council<CityCouncil@newportbeachca.gov> Subject: Fwd: STIR To all city Council persons, My family and I have been working on this short term rental issue that has plagued our small island for years now. We are in complete support of these amendments that the Coastal Commision has already approved and we urge the city Council to do the same at the upcoming meeting tomorrow. Thank you in advance for all your help and support to fix this situation and make our island safe for our kids again. Mark Markos 407 39th Street Received After Agenda Printed November 30, 2021 Mulvey, Jennifer Item No. 26 Subject: FW: Support for Short Term Lodging LCP Amendments ( Newport Island and City Wide ) From: Scott McFetters <smcfetters@outlook.com> Sent: November 29, 20213:54 PM To: Dept - City Council <CityCouncil@newportbeachca.gov>; Leung, Grace <gleung@newportbeachca.gov> Cc:... Subject: Support for Short Term Lodging LCP Amendments ( Newport Island and City Wide ) Dear Honorable City Council and City Manager, I hope everyone had a great Thanksgiving! I am going to make this simple based upon all the prior communication, evidence and testimony provided over the last 3 years. Please Support the Short -Term lodging LCP Amendments as proposed by Coastal Commission so we can put this recent Newport Beach residential nightmare to rest. The Newport Island residents and anyone else negatively impacted by STL's in their neighborhoods really appreciate a majority of the City Councils members that supported their community throughout the process along with all of the supportive City Staff. It really show's what neighborhoods in Newport beach can do to protect themselves with Newport Beach's current City Council structure. It worksM Thank you again for all those who support your fellow Newport Beach residents, community and neighbors! Best regards, Scott McFetters Newport Island From: Scott McFetters Sent: Monday, June 21, 20215:38 PM To: citycouncil@newportbeachca.gov <citycouncil@newportbeachca.gov>; gleung@newportbeachca.gov <gleung@newportbeachca.gov> Cc:... Subject: Newport Island STIR CAP and Owner Occupied Honorable City Council, I hope all is well! The overwhelming majority ( 85% plus and close to 100% of the people who actually live on the island full time ) Newport Island residents are asking for the City of Newport Beach not to issue any more STIR permits on Newport Island until the Coastal Commission has addressed the Newport Beach STIR cap and the Newport Island Owner Occupied Amendment. The STIR hotel permits are not property rights and the program can go away at any time. That's why it makes since to put STR's in parts of Newport that want them and keep them out of the residential neighborhoods. The safety, quiet enjoyment and community that Newport Island neighborhood previously maintained prior to the City of Newport Beach increasing the STR permits from 2 to around 20 will continue to tear down the foundation of community and tear the fabric of Newport Island like a recking ball. R-2 zoning should not be discriminated against and should have the same STR permit protection as R-1 zoning. R-2 zoned residents are going through the same problem that R-1 went through when they had the permitting changed years ago. Why is Newport Island not zoned R-1 when 85% of the houses are single family? There should be separate zoning for the areas of Newport Beach that are no longer neighborhoods and want to keep or bring in more STR hotel permits. Our Newport Island lots, streets are very narrow and small. We have no idea who your STR permits are allowing into our small island neighborhood including people supposedly quarantining while walking the few island sidewalks and our crowded boardwalks. Enforcement does not work. The permanent residents have to call the police and code enforcement and they have to witness the bad acts. The City of Newport Beach does not currently proactively patrol for STR violations. Occupancy- Let 15 people in a 3,000 square foot house on a 3,000 square foot lot ( Current STR Occupancy formula ) with prison tattoos and who ever checks in after they are evicted sleep next to your family. Please protect the Newport Beach Residents on Newport Island who need your help! Thank you. Best regards, Scott McFetters Newport Island Mulvey, Jennifer Subject: FW: Support for Short Term Lodging LCP Amendments ( Newport Island and City Wide ) From: Scott McFetters <smcfetters@outlook.com> Sent: November 29, 20214:40 PM To: Dept - City Council <CityCouncil@newportbeachca.gov>; Leung, Grace <gleung@newportbeachca.gov> Cc:... Water Quality Enforcement Team<CodeEnforcement@newportbeachca.gov>; Laura@ laurabrightwell.com; newportislandiim@gmail.com; brunnerr@pacbell.net; Mary Vaught <bluesandg@icloud.com>; drs690@gmail.com Subject: Re: Support for Short Term Lodging LCP Amendments ( Newport Island and City Wide ) 3711 Channel STIR live impeding trash pick up on Newport Island..... Received After Agenda Printed November 30, 2021 Mulvey, Jennifer Item No. 26 Subject: FW: Support for Short Term Lodging LCP Amendments ( Newport Island and City Wide ) From: Roger Saxton <roger.saxton@icloud.com> Sent: November 29, 20214:08 PM To: Dept - City Council<CityCouncil@newportbeachca.gov>; Jurjis, Seimone <siuriis@newportbeachca.gov>; Leung, Grace <gleung@newportbeachca.gov> Cc: Chris Harano <chris@harano.com>; drs6080@gmail.com, Mike Veal <mike@goldcoastglass.com>; Mark Markos <msm619@ymail.com>; Barry Mycorn <rlmequitiesl@gmail.com>; Gary Cruz <gary.cruz4@gmail.com>; gcruz@ushandball.org; Larry Leifer <lawrelei@gmail.com>; Bud Reveley <budreveley@gmail.com>; thomas@stratcomponent.com; winfieldwells@gmail.com; Jeff Friedman <JFriedman @turnerfiber.com>; Martin O'Hea <mohea@bixbvland.com>; ibowerbank@prof unditymarketing.com; Ken Keirstead <ken@eclecticfinishes.com>; mundocane@vahoo.com; penny reveley <pennyreveley@gmail.com>; Richard Wolpow <rwolpow@pocnettech.com>; Code & Water Quality Enforcement Team<CodeEnforce ment@newportbeachca.gov>; Laura@laurabrightwell.com; newportislandiim@gmail.com; brunnerr@pacbell.net; Mary Vaught <bluesandg@icloud.com>; drs690@gmail.com; Scott McFetters <smcfetters@outlook.com> Subject: Re: Support for Short Term Lodging LCP Amendments ( Newport Island and City Wide ) Dear Honorable City Council and City Manager, I have lived here for 7 years and have never been happier living anywhere else. Sadly, that has begun to erode over the last handful of years due to the disproportionate influx of STRs. Please support our request to maintain our neighborhood with neighbors, not houses overstuffed with visitors, excess of cars and noise. We are a very appreciative tight knit group of people who sincerely appreciate all consideration you make to protect our neighborhood. Please help us protect it as you would your own. Thank you again for your consideration. Roger Saxton roger.saxton@icloud.com On Nov 29, 2021, at 3:54 PM, Scott McFetters <smcfetters@outlook.com> wrote: Dear Honorable City Council and City Manager, (See previous comments submitted by Scott McFetters) Received After Agenda Printed November 30, 2021 Mulvey, Jennifer Item No. 26 Subject: FW: Newport Island STR From: Bud Reveley <budreveley@gmail.com> Sent: November 29, 20214:13 PM To: Chris Harano <chris@harano.com>; D Simmons <drs6080@gmail.com>; Dept - City Council <CityCouncil@newportbeachca.gov>; Gary Cruz <gcruz@ushandball.org>; Larry Leifer <lawrelei@gmail.com>; Scott McFetters <smcfetters@outlook.com> Subject: Newport Island STR On Tuesday the Council will be voting on the final action to advance all the hard work done to finally affirm peace and safety on Newport Island. All the opponents will argue that property rights and access to the beach and money in their pockets justify a negative vote. The truth is STR's are still legal here, but under a different form of management known to preserve the neighborhood dignity and safety. It's like we are on the half yard line and Tom Brady is about to do his famous quarterback sneak. Do it for us please. This action only applies to our small and beautiful island. Save it for us please. Remember the overwhelming support from the Coastal Commission! Received After Agenda Printed November 30, 2021 Mulvey, Jennifer Item No. 26 Subject: FW: Short Term Rental proposal for Newport Island From: Mark Younglove <markyounglove@gmail.com> Sent: November 29, 20214:10 PM To: Dept - City Council<CityCouncil@newportbeachca.gov> Subject: Short Term Rental proposal for Newport Island Honorable City Council members: We are writing to object to the proposed restrictions/eliminations of Short Term Rentals on Newport Island. We believe these this proposal is unfair and discriminatory against the STIR owners and users on Newport Island. This proposal appears to be politically motivated and not based on legitimate complaints. Our reasons for this belief are summarized with the below facts: • The Newport Beach Planning Commission voted against this proposal because it is not justified on a legitimate land use basis. • Much of Newport Beach is directly similar to Newport Island with small typically 3000 square foot lots and narrow street and alleys. Newport Island is not an atypical section of Newport Beach - much of the peninsula and city is very similar in lot and street size. The problems on Newport Island such as tight parking and problems caused by homes very close together on small lots are typical to many Newport Beach neighborhoods particularly on the Peninsula and other Islands. To discriminate against Newport Island specifically is at best catering to an unhealthy NIMBY attitude of some residents and at worst overtly discriminatory. • Owner management only of STRs is not the best management method. Owners are generally not expert in rental management and in almost all cases do not have the ability to provide 24 hour a day management as is provided by a professional management company. For example, our management company provides 24/7/365 inspectors who cruise and observe their rentals and provide a staff which monitors our rental's video/sound camera and Noiseaware decibel monitor and responds to any complaints as per code. How could an owner manager who presumably is working and not at their property much of the time even approach this level of monitoring? • Parking - there are parking ordinances in place to control parking problems. Parking is a problem everywhere in Newport Beach including R1 zoned non STIR areas. • Some of the people pushing for owner operated only and the other proposed STR restrictions have STIR permits themselves. How is this not a blatant conflict of interest? • Noise and loud party ordinances have been in effect for many years and are effective at controlling loud parties and other disturbances. In closing, we fully support good ordinances and enforcement to produce healthy neighborhoods in Newport Beach. Short Term Rentals have been a part of the culture and economy of Newport Beach since its inception. Efforts by some to gentrify Newport Beach are not in the best interest of Newport Beach in the long or the short run. We ask you to work with the responsible STIR owners to continue to produce a Newport Beach that is a world class location for all to enjoy. Sincerely, Norton and Ardith Younglove Mark and Kerry Younglove 517 36th St owners Received After Agenda Printed November 30, 2021 Item No. 26 From: Gina Unsworth To: City Clerk"s Office Subject: Ordinance No. 2021-28: A Code Amendment Related to Short -Term Lodging Citywide and on Newport Island (PA2020-048 and PA2020-326). Date: November 29, 20214:47:07 PM [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear Mayor Avery and Honourable City Council Members I am writing to ask that you please vote in favor of Ordinance No. 2021-28: A Code Amendment Related to Short - Term Lodging Citywide and on Newport Island (PA2020-048 and PA2020-326). I have attended many meetings about short-term rentals at the city and have also spoken directly with the Coastal Commission on the subject when it was put before them. I understand how important it is for Newport Beach and the Coastal Commission to work together and so I would ask that you kindly pass this and show everyone how successful partnerships between residents, council and commission can be effective and a solid foundation for future endeavours. Yours sincerely Gina Unsworth resident of Newport Island Received After Agenda Printed November 30, 2021 Mulvey, Jennifer Item No. 26 Subject: FW: Newport Island STR From: Jeff Friedman <JFriedman (a)turnerfiber.com> Sent: Monday, November 29, 2021 5:16:14 PM (UTC -08:00) Pacific Time (US & Canada) To: City Clerk's Office <CityClerk@newportbeachca.gov> Cc: Mark Markos <msm619@ymail.com>; Lynn Friedman <haus2ful@gmail. com> Subject: Newport Island STR Honorable City Council members The Internet has revolutionized all of our lives. How we shop, by groceries, obtain our news, get driving directions, etc.... We all know this story. There is no going back, but how we move forward is in the hands of our elected representatives. My wife and I have been residences in the OC for over 40 years. Our desire to live in Newport Beach was driven by our childhood memories of vacationing for a few weeks every year near the beach. These were weekly summer rentals occupied mostly by families. Newport was a great vacation destination. But that is changing. The Internet has facilitated an opportunity to exploit vacation rentals into hotel party hot spots. STR's may be profitable for the city and for a few businesses that sublease properties by turning them into STR's. But this is not conducive to full time residence. We live on Newport Island and chose this location because it offered serene living, its close proximity to Lido village and the beach. There clearly is a problem, evidenced by the outcry of the full time residences of Newport Island. I urge you, our elected representatives to seek a better balance between profits from STRs and full time residences. It is imperative that you limit the damage STR's inflict on our neighborhood. Regards Jeff and Lynn Friedman 3704 Channel Place. Newport Island Received After Agenda Printed November 30, 2021 Mulvey, Jennifer Item No. 26 Subject: FW: Newport Island STRs From: Lynn Friedman <haus2ful(d)gmail.com> Sent: Monday, November 29, 2021 5:24:22 PM (UTC -08:00) Pacific Time (US & Canada) To: Dept - City Council<CityCouncil@newportbeachca.gov>; City Clerk's Office <CityClerk@newportbeachca.gov> Subject: Newport Island STRs Dear Newport Beach City Council Members, Unintended consequences of "STR's" My husband and I have been residences in the OC for over 40 years. Our desire to live in Newport Beach was driven by our childhood memories of vacationing for a few weeks every year near the beach. These were weekly summer rentals occupied mostly by families. Newport was a great vacation destination. But that is changing. The Internet has facilitated an opportunity to exploit vacation rentals into hotel party hot spots. STR's may be profitable for the city and for a few businesses that sublease properties by turning them into STRs. But this is not conducive to full time residence. We live on Newport Island and chose this location because it offered serene living, its close proximity to Lido village and the beach. There clearly is a problem, evidenced by the outcry of the full time residences of Newport Island. I urge you, our elected representatives to seek a better balance between profits from STRs and full time residences. It is imperative that you limit the damage STR's inflict on our neighborhood. The location of our home necessitates that we have to drive backwards to exit our garage and we often encounter illegally parked cars from short term renters; and the streets are very tight. We hope this amendment will Alleviate increased demand for on -street parking that short-term lodging creates. Thank you for consideration of this matter. Regards, Lynn Friedman 3704 Channel PI, Newport (Island) Beach, CA. 92663 Received After Agenda Printed November 30, 2021 Mulvey, Jennifer Item No. 26 Subject: FW: Newport Island STR From: chris@harano.com <chris@harano.com> Sent: November 29, 20215:24 PM To: Bud Reveley <budreveley@gmail.com> Cc: D Simmons <drs6080@gmail.com>; Dept - City Council<CityCouncil@newportbeachca.gov>; Gary Cruz <gcruz@ushandball.org>; Larry Leifer <lawrelei@gmail.com>; Scott McFetters <smcfetters@outlook.com> Subject: Re: Newport Island STR https://www.longbeach.gov/globalassets/lbds/media-librarv/documents/code-enforcement/short-term-rentals- str/sense-of-communitv--what-we-heard-from-you Here is an interesting summary of the STR issues done by Long Beach a few years ago. On Nov 29, 2021, at 4:12 PM, Bud Reveley <budreveley@gmail.com> wrote: On Tuesday the Council will be voting on the final action to advance all the hard work done to finally affirm peace and safety on Newport Island. All the opponents will argue that property rights and access to the beach and money in their pockets justify a negative vote. The truth is STR's are still legal here, but under a different form of management known to preserve the neighborhood dignity and safety. It's like we are on the half yard line and Tom Brady is about to do his famous quarterback sneak. Do it for us please. This action only applies to our small and beautiful island. Save it for us please. Remember the overwhelming support from the Coastal Commission! Received After Agenda Printed November 30, 2021 Mulvey, Jennifer Item No. 26 Subject: FW: Newport Island - STRs From: Martin O'Hea <mohea@bixbvland.com> Sent: November 30, 202111:20 AM To: Dept - City Council<CityCouncil@newportbeachca.gov> Subject: Newport Island - STRs Please support the Short Term Lodging LCP Amendments as approved by the Coastal Commission ..... it has been a long and difficult road but getting the Coastal Commission to understand the plight of Newport Island residents and approve these changes was a herculean task and the residents are incredibly appreciative of all of the hard work put in by the city council and city staff. Final approval at tonight's meeting is the final step in this journey. Martin O'Hea 4001 Marcus Avenue Newport Island Received After Agenda Printed November 30, 2021 Mulvey, Jennifer Item No. 26 Subject: FW: Ordinance No. 2021-28: A Code Amendment Related to Short -Term Lodging Citywide and ob Newport Island (PA2020-048 and PA2020-326) From: Kim DiGiovanni <kimdigiovanni(d)me.com> Subject: Ordinance No. 2021-28: A Code Amendment Related to Short -Term Lodging Citywide and ob Newport Island (PA2020-048 and PA2020-326) Date: November 29, 2021 at 6:28:19 PM PST To: baverv(aa)newportbeachca.gov, ddixon(d)newportbeachca.gov, dduffield(a)newportbeachca.gov, kmuldoon(aMewportbeachca.gov, nblom(@newportbeachca.gov, brenner(a)newportbeachca.gov, woneill(a)newportbeachca.gov November 29, 2021 Dear City Council Member, This is the 3rd letter over the past year and a half that I am writing to you regarding our short-term rental on Newport Island. We purchased our home in 2016 to use as a family vacation home and a short term rental, when our family was not using it. We have enjoyed the supplemental income it provides us and have received letters and seen online reviews from many diverse, happy families that have enjoyed the use of a Bayfront home. As stated in Attachment D, City Council Resolution, No. 2021-30 (LC2020-008), I assume that our home was one of the 3 parcels on Newport Island that was utilized for short-term lodging prior to 2018, since we purchased it in 2016. Before May of 2020, we had never received any complaints or citations from the city for violating any laws or ordinances. We fully understand the necessity of being a law-abiding and friendly neighbor. No one wants to live near people that are loud and willfully disobey the laws. As a short-term rental homeowner, I can tell you that enforcing the laws and issuing citations do work to get the homeowners and management companies and guests to comply with the ordinances. We now have very strict regulations from our management company that notifies the renters of the rules and regulations. The guests are now well aware of the fact that they will be evicted if they violate the noise or parking ordinances. I can tell you that Newport Beach police department has only started issuing us citations in the last 6 months. I believe that prior to that time, the laws were not being enforced and the full-time residents were understandably frustrated, which has led to the drastic proposals that are being considered today. The new proposal of owner -occupied and owner -managed short-term rentals are effectively banning STR's on Newport Island. Since our home is not a duplex, it would be impossible to rent out the home, if we are also living in the same space (especially now with Covid). While the constitutionality of this may be challenged, it may set a dangerous precedent for all of Newport Beach. As the long term residents of Newport Island like to advocate for the uniqueness of Newport Island, I would argue that most everywhere on the peninsula has limited parking, small alley ways, and limited street access for driving and putting trash cans out. The long term residents of Newport Island are frustrated with the lack of enforcement of the laws and ordinances. Perhaps if NBPD is given more time to enforce the ordinances (as they have now been doing in the last 6 months), the residents will be appeased. We purchased our home with the intent to rent it out for short term rentals and use for family vacations. If these new owner - occupied, owner -managed proposals are passed, it would be a violation of our rights as property owners to rent our home as are currently legally permitted by the City. At the very least, I would propose that the homes that already have short-term rental permits be grandfathered in to not have the additional regulation of being owner -occupied and owner -managed. In fact, I doubt the residents would be happy with owner - managed as our professional management company does a much better job at screening guests, attending to complaints, cleaning and maintaining the property than we would have time to do. If this regulation passes, I would assume there will be a lot of construction on these properties to turn them into duplexes which would only add to the congestion on Newport Island with more people, more noise, more cars, less parking spaces, more construction, etc... Thank you for your consideration, Kim and John DiGiovanni Received After Agenda Printed November 30, 2021 Mulvey, Jennifer Item No. 26 Subject: FW: Support for passage of Resolution No. 2021-123 From: Michelle Giron <chair(Onewportbeach.surfrider.org> Sent: Tuesday, November 30, 2021 1:59:22 PM (UTC -08:00) Pacific Time (US & Canada) To: City Clerk's Office <CityClerk@newportbeachca.gov> Subject: Support for passage of Resolution No. 2021-123 Newport Beach City Council: I am a 12 -year resident of Newport Beach. I am writing in support of Resolution No. 2021-123, which is a step in the direction of protecting our coast from future oil spills. Our beach and bay are vital to our local economy and well-being. The oil spill in October could have been worse, and it is a reminder of what could again happen in the future if we do not take steps to safeguard our marine environment today. I respectfully urge you to pass this resolution. Thank you. Michelle Giron Chair, Surfrider Foundation - Newport Beach Chapter Received After Agenda Printed November 30, 2021 Mulvey, Jennifer Item No. 26 Subject: FW: BIIA comments Short Term Lodging/Terry Janssen From: Lee Pearl <smartpearll@hotmail.com> Sent: November 30, 20211:20 PM To: Dept - City Council<CityCouncil@newportbeachca.gov> Cc: Terry Janssen <ful1fender32@ao1.com> Subject: 1311A comments Short Term Lodging/Terry Janssen November 29, 2021 Mayor and City Council: On November 30 the agenda for the Council meeting lists "Short Term Lodging". It is our understanding that an Ad Hoc Committee was established to study STL in the City and the subject was discussed in public meetings and study sessions. The Balboa Island Improvement Association is disappointed that we were not personally contacted to enter into a dialogue with the Ad hoc Committee regarding our concerns which would have been but not limited to the maximum of permits on the Island(s), minimum of night stay, number of permits per block, parking and general disruption of our resident's quality of life. We have close to 400 permits on Balboa Island. Respectively submitted, Terry Janssen President Balboa Island Improvement Association Received After Agenda Printed November 30, 2021 Mulvey, Jennifer Item No. 26 Subject: FW: Newport Island STR Restrictions. From: Michael Zuccato <mzuccato(amac.com> Sent: Tuesday, November 30, 20214:02:05 PM (UTC -08:00) Pacific Time (US & Canada) To: City Clerk's Office <CityClerk@newportbeachca.gov>; Dept - City Council<CityCouncil@newportbeachca.gov> Subject: Newport Island STR Restrictions. Dear Newport Beach City Council, I am a 35 -year resident of Newport Beach and would like to thank the Newport Beach City Council for taking the time to read my response to the recent proposed ordinance impacting our short-term rental (STRs) on Newport Island. An owner -occupied requirement is a de facto ban on nearly all STRs on the Island and is discriminatory. We are opposed to any new ordinance limiting our ability and rights to rent our home in a legal reasonable and responsible manner. 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 and should not be treated any different. There are beautiful homes along River Street (just 30 feet on the other side of the canal) are they going to be treated differently? Is there going to be an owner -occupied requirement on STRs on the rest of the Newport Peninsula as well? What about Balboa Island? They have narrow streets and an even worse parking problem. If not, the City Council's decision is discriminatory on its face and should be rejected. 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. I have monitored all guests at my rental and only 1 car parked on the street over the past 8 months. This is a fact. 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 Received After Agenda Printed November 30, 2021 Mulvey, Jennifer Item No. 26 Subject: FW: Support for Short Term Lodging LCP Amendments ( Newport Island and City Wide ) From: Barry Mycorn <rlmequitiesl@gmail.com> Sent: November 30, 202110:38 PM To: Roger Saxton <roger.saxton@icloud.com> Cc: Jeff Friedman <JFriedman@turnerfiber.com>; Dept - City Council <CityCouncil@newportbeachca.gov>; Jurjis, Seimone <siuriis@newportbeachca.gov>; Leung, Grace <gleung@newportbeachca.gov>; Chris Harano <chris@harano.com>; drs6080@gmail.com; Mike Veal <mike@goldcoastglass.com>; Mark Markos <msm619@ymail.com>; Gary Cruz <gary.cruz4@gmail.com>; gcruz@ushandball.org; Larry Leifer <lawrelei@gmail.com>; Bud Reveley <budreveley@gmail.com>; thomas@stratcomponent.com; winfieldwells@gmail.com; Martin O'Hea <mohea@bixbvland.com>; ibowerbank@profunditymarketing.com; Ken Keirstead <ken@eclecticfinishes.com>; mundocane@vahoo.com; penny reveley <pennyreveley@gmail.com>; Richard Wolpow <rwolpow@pocnettech.com>; Code & Water Quality Enforcement Team<CodeEnforce ment@newportbeachca.gov>; Laura@laurabrightwell.com; newportislandiim@gmail.com; brunnerr@pacbell.net; Mary Vaught <bluesandg@icloud.com>; drs690@gmail.com; Scott McFetters <smcfetters@outlook.com> Subject: Re: Support for Short Term Lodging LCP Amendments ( Newport Island and City Wide ) [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the content is safe. Dear councilman in Council woman and mayor My name is Barry Mycorn I have owned and lived at 400 38th street, Newport Island for the past seven years I love this quaint little island plan to spend the rest of my life in my little house J have seen changes and it's overwhelming the idea of Airbnb's and other short term rentals is over whelming we have no parking and now we have less parking our streets are narrow and now they're getting narrower every day with all extra cars from short term renters that come in for a few days who don't really respect what we have on this island peace & quiet please I urge you let our island be for Owner occupied and or long term rentals Respectfully Barry Mycorn 400 38th St., Newport Beach Sent from my iPad