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HomeMy WebLinkAbout03 - NBMC Amendments Related to Short Term Lodging (PA2023-0116) - CorrespondenceReceived after Agenda Printed December 12, 2023 Item No. 3 From: City Clerk"s Office To: Mulvey, Jennifer; Rieff, Kim Subject: FW: Comments for the Public Record re City Council Session of Dec 12, Agenda Item 3 re STL Date: December 11, 2023 5:42:02 PM From: Denys Oberman <dho@obermanassociates.com> Sent: Monday, December 11, 2023 5:33:49 PM (UTC-08:00) Pacific Time (US & Canada) To: Dept - City Council<CityCouncil@newportbeachca.gov>; City Clerk's Office <CityClerk@newportbeachca.gov> Cc: dho@obermanassociates.com <dho@obermanassociates.com> Subject: Comments for the Public Record re City Council Session of Dec 12, Agenda Item 3 re STL [EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you recognize the sender and know the coiSafe. Mayor and Councilmembers: We appreciate the City's admission as to the adverse impacts to the residential neighborhood caused by the concentration of Short Term Rentals in residential zones -in particular, the Balboa Penninsula and Balboa Island. We support the conceptual direction of the Council to "reallocate" a portion of the current maximum number of STLs from Residential zones to, MU/Commercial zones. The City has proposed the "reallocation" of 75 permitted uses of the 1550 maximum permitted to MU/Commercial zones, proposing a corresponding reduction of permitted STLs in Residential zones . However, the City's proposed Ordinances or Amendments to the LPC falls short of providing a Clear Implementation Plan for the timely reduction of permitted STLs in Residentiial zones. In order to effectuate a true reduction in Residential zones, significant modification to the STL Ordinances and program is required. Critical modifications are listed below: • Revise the Ordinance so that STLs do NOT "travel with the land", and are operating permits subject to time frames and regular review. Permits should be applied for and conditionally approved. • Increase the minimum number of days' stay to one week or more. We need to take a thoughtful planning -based approach to encouraging those bona fide commercial businesses engaged in hospitality short term stays to assist with solutions. • Increase fines for violations, and step up the progressive violation and citation program.( Note, violations need to be more than, "loud and unruly", as the proposed Ordinance suggests. • Applicants need to evidence professional management, with 24/7 service and in- neighborhood physical operation. Out of area landlords serving as property managers cannot realistically administer regulation of their tenants' behavior. • Enforce what is already in the City ordinance, which is to permit only 1 STL per 5 units in a building/rounded down. The City has been permitted 100% of the units in multiple residential apartment buildings, displacing regular residents. • There are compelling reasons why the City should REDUCE the TOTAL MAXIMUM NUMBER OF STLs in Residential zones, significantly ---to restore much needed Housing stock to regular residents. A target reduction of the maximum to 1,000. Is desirable. The trend of declining regular resident population in District 1 is alarming —and is substantially driven by speculative investment and operation of Short Term rentals. Further, the City per its own admission; cannot provide sufficient Enforcement needed to effectively manage the number of STLs currently allowed. By adopting some of the policies above, and providing clear direction to Enforcement agents ( code enforcement, Police). The current STL program has contributed to an unfavorable trend of reduction of residents and residential Housing stock in the coastal zone, and increasing displacement of regular residents including younger families and others . It is counter to sound public policy to cause a zone to be over -run by transient, disruptive uses. If the Council is insistent on enacting the proposed Ordinances without the benefit of thoughtful planning, STL permits should only be released to MU/CV in increments as Reduction in Residential zones is realized. Thank you for your consideration. Denys H. Oberman Oceanfront Resident and Community leadership council. Cc: Community Association leaders- Balboa Penninsula, Balboa Penninsula Point, West Newport, Newport Shores, Corona del Mar, Balboa island, Lido Island Regards, Denys H. Oberman, CEO flOBERMAN OBERMAN Strategy and Financial Advisors 19200 Von Karman Avenue, 6th Floor Irvine, CA 92612 Tel (949) 476-0790 Cell (949) 230-5868 Fax (949) 752-8935 Email: dhona obermanassociates.com CONFIDENTIALITY NOTICE: The documents accompanying this transmission contain confidential information belonging to the sender which is legally privileged. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this telecopied information is strictly prohibited. If you have received this transmission in error, please notify us immediately at 949/476-0790 or the electronic address above, to arrange for the return of the document(s) to us.