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Home My WebLink About07 - Formation of Ad Hoc Committee on Short Term LodgingPORT CITY OF O � _ i NEWPORT BEACH City Council Staff Report <i FO RN July 9, 2019 Agenda Item No. 7 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Seimone Jurjis, Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov PREPARED BY: Seimone Jurjis, Community Development Director - 949-644-3232, sjurjis@newportbeachca.gov TITLE: Resolution No. 2019-69: Formation of Ad Hoc Committee on Short Term Lodging ABSTRACT - At the June 11, 2019 City Council Study Session on Short Term Lodging, the City Council requested that an Ad Hoc Committee be formed to review proposed code changes. The attached resolution will establish the Ad Hoc Committee on Short Term Lodging. Mayor Dixon has provided her recommendations on the membership of the committee. 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; b) Adopt Resolution No. 2019-69, A Resolution of the City Council of the City of Newport Beach, California, Creating an Ad Hoc Committee on Short Term Lodging; and c) Confirm Mayor Diane B. Dixon's appointments of Mayor Diane B. Dixon, Council Member Joy Brenner, and Council Member Jeff Herdman to the Ad Hoc Committee on Short Term Lodging. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. DISCUSSION - At the June 11, 2019, City Council Study Session, staff presented a draft ordinance on proposed changes to the short term lodging provisions of the municipal code for public comments. The comments received from the public were both in support and against the different changes proposed. 7-1 Resolution No. 2019-69: Formation of Ad Hoc Committee on Short Term Lodging July 9, 2019 Page 2 There are many stake holders and residents that either operate, manage or reside next to over 1,400 permitted short term lodging units. To address the many stake holders' comments and resident concerns, the City Council decided to form an Ad Hoc Committee to review the proposed code changes and provide an opportunity for public engagement. The Ad Hoc Committee will make a final recommendation to the entire City Council on proposed changes to the Short Term Lodging provisions of the municipal code. In accordance with City Council Policy A-2, Boards, Commissions, and Committees, the Ad Hoc Committee will be composed of three City Council Members appointed by Mayor Diane B. Dixon. The Mayor has proposed the Ad Hoc Committee be comprised of Council Members Joy Brenner and Jeff Herdman and herself. The Ad Hoc Committee would sunset after recommendations are made to the City Council. 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. 2019-69 7-2 ATTACHMENT A RESOLUTION NO. 2019-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, CREATING AN AD HOC COMMITTEE ON SHORT TERM LODGING WHEREAS, Short Term Lodging is currently defined under Section 5.95.010 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, due to the ever-increasing demand of Short Term Lodging in the City, review of the NBMC is desirable to determine which provisions governing Short Term Lodging should be updated or modified; WHEREAS, on January 22, 2019, the City Council held a study session presentation on the status of Short Term Lodging and possible changes to the provisions of the NBMC; WHEREAS, on June 11, 2019, the City Council held a follow up study session presentation on proposed changes to the Short Term Lodging provisions of the NBMC; and WHEREAS, the City Council desires to create an Ad Hoc Committee on Short Term Lodging, comprised of three (3) Council Members, to review and determine which provisions of the NBMC governing Short Term Lodging should be modified or updated and make a recommendation to the entire City Council in regards thereto. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby creates an Ad Hoc Committee on Short Term Lodging, comprised of three (3) Council Members appointed by the Mayor and confirmed by the entire City Council. The sole purpose and responsibility of the Ad Hoc Committee on Short Term Lodging shall be to review and determine which provisions of the NBMC governing Short Term Lodging should be modified or updated and make a recommendation to the entire City Council in regards thereto. Section 2: The Ad Hoc Committee on Short Term Lodging shall be an advisory committee and shall expire upon making a recommendation to 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. 7-3 Resolution No. 2019 - Page 2 of 2 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. 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 9th day of July, 2019. Diane B. Dixon Mayor Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE aron C. Harp City Attorney 7-4