HomeMy WebLinkAbout2020-91 - 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 LodgingRESOLUTION 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;
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.
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:
Resolution No. 2020-91
Page 4 of 6
Land Use
R -BI
R-1
R-2 RM
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R-2- RM -
R -A
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6,000 6,000 Specific Use Regulations
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Short -Term Lodging —
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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:
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.
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
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Leilani I. Brown
City Clerk`
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APPROVED AS TO FORM:
CITY TTORNEY'S OFFICE
Aaron'C. Harp
City Attorney
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.
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PAM-
Leilani I. Brown
City Clerk
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