HomeMy WebLinkAbout2025-4 - Amending Section 1.08.120 (Definitions) of Title 1 (General Provisions), Section 5.95.042 (Maximum Number of Permits), Section 5.95.043 (Transfer of Permit), and Section 5.95.065 (Suspensions and Revocations) of Chapter 5.95 (Short Term Lodging PORDINANCE NO. 2025-4
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, AMENDING
SECTION 1.08.120 (DEFINITIONS) OF TITLE 1 (GENERAL
PROVISIONS), SECTION 5.95.042 (MAXIMUM NUMBER
OF PERMITS), SECTION 5.95.043 (TRANSFER OF
PERMIT), AND SECTION 5.95.065 (SUSPENSIONS AND
REVOCATIONS) OF CHAPTER 5.95 (SHORT TERM
LODGING PERMIT) OF TITLE 5 (BUSINESS LICENSES
AND REGULATIONS) OF THE NEWPORT BEACH
MUNICIPAL CODE TO UPDATE ADMINISTRATIVE
PROCEDURES RELATED TO GOOD CAUSE
DETERMINATIONS AND THE EXTENSION OF
DEADLINES
WHEREAS, Section 200 of the City Charter, of the City of Newport Beach
("City"), 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 City 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 committed to ensuring the safety, health, and welfare of
all its residents, visitors, and businesses;
WHEREAS, Chapter 5.95 (Short Term Lodging Permit) of the Newport Beach
Municipal Code ("NBMC"), regulates the rental of dwelling units, for less than thirty (30)
consecutive calendar days, to help preserve the City's housing stock, maintain the
quality and character of the City's residential neighborhoods, and limit the impacts of
short term lodgings on residential neighborhoods;
WHEREAS, Section 5.95.042 (Maximum Number of Permits), which imposes a
limit on the number of active short term lodging permits, Section 5.95.043 (Transfer of
Permit), which imposes limits on the transfer of short term lodging permits, and Section
5.95.065 (Suspensions and Revocations), which sets forth the applicable procedures for
the suspension and revocation of short term lodging permits, contain fixed deadlines
that cannot be extended;
WHEREAS, as part of the administration of the short term lodging permit
program, the Finance Director has determined that, in certain circumstances, good
cause may exist to extend deadlines for the transfer of permits or the filing of a request
for hearing;
Ordinance No. 2025-4
Page 2 of 11
WHEREAS, to ensure that the short term lodging permit provisions of the NBMC
are administered in the most fair and efficient manner, the Finance Director requests the
City Council amend Section 5.95.042 (Maximum Number of Permits), Section 5.95.043
(Transfer of Permit), and Section 5.95.065 (Suspensions and Revocations) to authorize
the Finance Director to extend deadlines if the Finance Director determines that there is
good cause to grant an extension;
WHEREAS, several sections throughout the NBMC provide exceptions from the
provisions of the NBMC based on a determination that good cause exists, such that
adding a globally applicable definition for good cause will provide consistency and
minimize redundancy;
WHEREAS, Chapter 1.08 (Rules of Construction) sets forth provisions that are
globally applicable throughout the NBMC, including but not limited to, Section 1.08.120
(Definitions) which defines terms that are commonly used throughout the NBMC, except
where a more specific definition is provided or the context clearly requires otherwise;
and
WHEREAS, the City Council desires to amend the NBMC to increase efficiency
and ensure that the NBMC is administered in an efficient and fair manner by adding a
global definition of good cause to Section 1.08.120 (Definitions), and by amending
Section 5.95.042 (Maximum Number of Permits), Section 5.95.043 (Transfer of Permit),
and Section 5.95.065 (Suspensions and Revocations) to authorize the Finance Director
to grant an extension where the Finance Director determines goods cause exists.
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: Section 1.08.120 (Definitions) is hereby amended in its entirely to
read as follows:
1.08.120 Definitions.
Unless a more specific definition is provided or the context in which they are
used clearly requires otherwise, the following terms and phrases used in this
Code shall have the meaning ascribed to them in this section:
Assistant City Manager. The term "Assistant City Manager" means an Assistant
City Manager working in the City Manager's office.
Ordinance No. 2025-4
Page 3 of 11
Building Official. The term "Building Official" means the Building Manager or
Chief Building Official of the City's Community Development Department or the
person designated by the Community Development Director as the Building
Official.
California Code of Regulations. The terms "California Code of Regulations" or
"CCR" means the State administrative regulations that are cited as "title number
CCR section number" or "title number CCR division number, chapter number,
article number, section number."
California Environmental Quality Act or CEQA. The term "California
Environmental Quality Act" or "CEQA" means the California Environmental
Quality Act (California Public Resources Code Section 21000 et seq.) and the
State CEQA Guidelines (14 CCR Section 15000 et seq.).
Chief of Police. The term "Chief of Police" or "Police Chief' means the individual
who manages and directs the City's Police Department.
City. The term "City" means the City of Newport Beach, a municipal corporation
and charter city, or, when referring to territory or territorial limits, it means the
area within the territorial City limits of the City and such territory outside the City
over which the City has jurisdiction or control by virtue of any law.
City Attorney. The term "City Attorney" means the City Council appointed official
who occupies the position as the City Attorney of the City.
City Charter. The term "City Charter" means the City Charter of the City.
City Clerk. The term "City Clerk" means the City Council appointed official who
occupies the position as the City Clerk of the City.
City Council. The term "City Council" or "Council" means the City Council of the
City of Newport Beach.
City Engineer. The term "City Engineer" means the City Engineer of the City's
Public Works Department, or the individual designated by the Public Works
Director as the City Engineer.
Ordinance No. 2025-4
Page 4 of 11
City Hall or Civic Center. The term "City Hall" or "Civic Center" means the City's
Civic Center located at 100 Civic Center Drive, Newport Beach, California, that
includes most administrative offices of the City and related parking.
City Manager. The term "City Manager" means the City Council appointed official
who occupies the position as the chief administrative officer of the City.
City Treasurer. The term "City Treasurer" means the individual appointed as the
City's Finance Director.
Code. The term "Code" means the Newport Beach Municipal Code.
Community Development Director. The term "Community Development Director"
means the individual who manages and directs the City's Community
Development Department.
Consumer Price Index. The term "Consumer Price Index" means the Los
Angeles -Long Beach -Anaheim, California Area, All Urban Consumers, All Items,
Base Period (1982-84 = 100), or successor index, as published by the United
States Department of Labor, Bureau of Labor Statistics.
County. The term "County" means the County of Orange.
Day. The term "day" or "days" means a calendar day, unless otherwise
specifically provided.
Day Care Center. The term "day care center" means a child care —infant center,
and child care center (preschool) licensed by the State Department of Social
Services that is not located on a residentially zoned property including, but not
limited to, Bright Horizons at Newport Beach; Carden Hall; Catalyst Kids -Newport
Heights; Christ Church by the Sea Children's Center; Environmental Nature
Center (ENC) Nature Preschool; Miraculous Milestones; Montessori Way
Learning Center, Inc., Newport Coast Child Development Preschool; Newport
Harbor Lutheran Church; St. Andrew's Preschool; St. Mark Community
Preschool; St. Matthew's Montessori Preschool; Temple Bat Yahm; and Tutor
Time Child Care/Learning Center.
Designee. The term "designee" means a position, employee, or person that is
authorized to fulfill a duty, obligation or responsibility.
Ordinance No. 2025-4
Page 5 of 11
District Attorney. The term "District Attorney" means the Orange County District
Attorney.
Fair Political Practices Commission. The term "Fair Political Practices
Commission" or "FPPC" means the five -member independent, nonpartisan
commission that has primary responsibility for the impartial and effective
administration of the Political Reform Act.
Finance Director. The term "Finance Director" means the individual who
manages and directs the City's Finance Department.
Fire Chief. The term "Fire Chief' means the individual who manages and directs
the Fire Department.
Fire Marshal. The term "Fire Marshal" means the Fire Marshal of the City's Fire
Department, or the individual designated by the Fire Chief as the Fire Marshal.
Good Cause. The term "good cause" means that there is substantial evidence
that unusual or unforeseen circumstances justify the taking of a particular action,
which circumstances include, but are not limited to, a medical emergency; a
delay caused by events beyond the person's control; a natural disaster; a
weather -related delay; an administrative error; or health and safety concerns.
Harbor Commission. The term "Harbor Commission" means the Harbor
Commission of the City.
Harbor Department. The term "Harbor Department" means the Harbor
Department of the City. Any provision within this Code or any uncodified
ordinance or resolution referring to the Harbor Resources Division shall mean the
Harbor Department.
Harbormaster. The term "Harbormaster" means the individual who manages and
directs the Harbor Department. Any provision within this Code or any uncodified
ordinance or resolution referring to the Harbor Resources Manager shall mean
the Harbormaster.
Health Officer. The term "Health Officer" means the Orange County Health
Officer.
Ordinance No. 2025-4
Page 6 of 11
Human Resources Director. The term "Human Resources Director" means the
individual who manages and directs the City's Human Resources Department.
Library Services Director. The term "Library Services Director" means the
individual who manages and directs the City's Public Library System.
Oath. The term "oath" means and includes affirmation.
Office. The term "office" means the title of any officer, employee, or office, of the
City of Newport Beach.
Owner. The term "owner," applied to a building or land, means and includes any
part owner, joint owner, tenant, tenant in common or joint tenant, of the whole or
a part of such building or land.
Pacific Ocean. The term "Pacific Ocean" means the waters off of the City from
the beach to a point three nautical miles seaward.
Person. The term "person" means and includes any individual, firm, partnership,
joint venture, limited liability company, association, social club, fraternal
organization, corporation, estate, trust, business trust, receiver, assignee for the
benefit of creditors, trustee, trustee in bankruptcy, syndicate, the United States,
this State, any county, city and county, municipality, district, or other political
subdivision of the State, or any other group or combination acting as a unit.
Public park or public facility. The terms "public park" or "park facility" means all
publicly owned, managed or leased land that is open to the public, walking or
hiking trails, parks and park -related buildings, facilities and improvements, and
any school facilities when they are in use as recreational or community center
facilities and under the control of the Director of the Recreation and Senior
Services Department including, but not limited to, Arroyo Park; 38th Street Park;
Back Bay View Park; Bayside Park; Bayview Park; Begonia Park; Big Canyon
Park; Bob Henry Park; Bolsa Park; Bonita Canyon Sports Park; Bonita Creek
Park & Community Center; Buffalo Hills Park; Canyon Watch Park; Carroll Beek
Community Center and Balboa Island Park, Castaways Park; Channel Place
Park; Civic Center Community Center; Civic Center Park; Cliff Drive Park and
Community Center; Coastal Peak Park, Corona del Mar Pocket Park; Corona del
Mar State Beach; Dog Park; Eastbluff Park and Boys and Girls Club; Galaxy
Ordinance No. 2025-4
Page 7 of 11
View Park; Gateway Park; Grant Howald Park & Community Youth Center;
Harbor View Nature Park; Harbor Watch Park; Inspiration Point; Irvine Terrace
Park; Jasmine Creek Park; John Wayne Park and Theater Arts Center; Kings
Road Park; L Street Park; Lake Ave Park; Lido Park; Lincoln Athletic Center;
Lookout Point; Los Trancos Canyon View Park (lower, middle, upper); Lower
Castaways Park; M Street Park; Marian Bergeson Aquatic Center; Marina Park;
Mariners Park and VJ Community Center; Mesa Birch Park; Miramar Park; Myrtle
Park; Newport Aquatic Center; Newport Coast Community Center; Newport
Island Park; Newport Shores Park; North Star Beach; OASIS Senior Center; Old
School Park; Peninsula Park; Rhine Wharf Park; San Joaquin Hills Park and
Lawn Bowling Center; San Miguel Park; Spyglass Hill Park; Spyglass Hill
Reservoir Park; Sunset Ridge Park; Sunset View Park; Upper Buck Gully
Reserve; Uptown Park; Veterans Memorial Park; West Jetty View Park; West
Newport Community Center; West Newport Park; and Westcliff Park.
Public Works Director. The term "Public Works Director" means the individual
who manages and directs the City's Public Works Department.
Recreation and Senior Services Director. The term "Recreation and Senior
Services Director" means the individual who manages and directs the City's
Recreation and Senior Services Department.
Revenue Division. The term "Revenue Division" means the City's Finance
Department Revenue Division.
Risk Manager. The term "Risk Manager" means the Risk Manager of the City's
Human Resources Department, or the individual appointed by the Human
Resources Director as the Risk Manager.
School. The term "school" means an institution of learning, whether public or
private, which offers in -person instruction in grades K through twelve (12) in
those courses of study required by the California Education Code and is licensed
by the State Board of Education. This definition includes all kindergarten,
elementary, junior high, senior high or any special institution of learning under the
jurisdiction of the State Department of Education including, but not limited to,
Andersen Elementary School; Carden Hall; Corona del Mar Middle and High
School; Eastbluff Elementary School; Ensign Intermediate School; Harbor Day
School; Harbor View Preschool and Elementary School; Lincoln Elementary
School; Mariners Elementary School; Newport Christian Academy; Newport
Ordinance No. 2025-4
Page 8 of 11
Coast Preschool and Elementary School; Newport Preschool and Elementary
School; Newport Harbor High School; Newport Heights Elementary School; Our
Lady Queen of Angels Catholic School; Pacifica Christian High School; and Sage
Hill High School.
State. The term "State" means the State of California.
Street. The term "street" means and includes all streets, roads, highways,
avenues, lanes, alleys, courts, boulevards, places, squares, curbs, or other
public ways in this City, which have been or may hereafter be dedicated and
open to public use, or such other public property so designated in any law of this
State.
Tenant, Occupant. The term "tenant" or "occupant" applied to a building or land
means and includes any person who occupies the whole or part of such building
or land, whether alone or with others.
Utilities Director. The term "Utilities Director" means the individual who manages
and directs the City's Utilities Department.
Section 2: Subsection (D) of Section 5.95.042 (Maximum Number of Permits)
of the NBMC is hereby amended and shall read as follows:
D. If the City has issued the maximum number of permits available, the City
shall maintain a waiting list. An application for placement on the waiting list shall
be submitted to the Finance Director, on a form approved by the Finance
Director, and shall be accompanied by a fee established by resolution of the City
Council. In the event a short term lodging permit becomes available, the Finance
Director shall notify the person or persons next in order on the waiting list. The
notice shall specify that applications will be accepted for ten (10) calendar days
after the date of the notice, and that failure to apply within the ten (10) calendar -
day period shall result in removal of the person or persons receiving notice from
the waiting list. The Finance Director may extend the deadline to apply if the
Finance Director determines that good cause has been shown to extend the
deadline. Notice shall be deemed given when deposited in the United States
mail, with the first-class postage prepaid, and addressed as specified by the
person or persons on the waiting list. The City shall not be liable for a failure to
notify any person or persons on the waiting list since placement on the list does
Ordinance No. 2025-4
Page 9 of 11
not create any property right in any person or persons on the list nor any
contractual obligation on the part of the City.
Section 3: Subsection (B) of Section 5.95.043 (Transfer of Permit) of the
NBMC is hereby amended and shall read as follows:
B. The deadlines set forth in subsection (A) of this section are established for
purposes of setting deadlines for the transfer of a valid permit that has not been
deemed abandoned in accordance with Sections 5.95.030 (B) through (F). The
deadlines set forth in subsection (A) of this section shall not extend the deadlines
set forth in or in accordance with Sections 5.95.030 (B) through (F). Authorization
to transfer a valid short term lodging permit shall be deemed waived and the
permit abandoned if an application is not filed to transfer a permit in accordance
with the deadlines set forth in subsection (A), unless the Finance Director
determines that good cause has been shown for extending the deadline.
Section 4: Subsection (B) (1) of Section 5.95.065 (Suspensions and
Revocations) of the NBMC is hereby amended and shall read as follows:
B. Permits shall be suspended or revoked, only in the manner provided in
this section.
1. The Finance Director shall investigate whenever he or she has reason
to believe that an owner has submitted an application that contains false
information or committed a violation of a permit condition, this Code, state or
federal law related to a permitted unit. Such investigation may include, but is not
limited to, on -site property inspections. Should the investigation reveal
substantial evidence to support a finding that warrants a suspension or
revocation of the short term lodging permit, the Finance Director shall issue
written notice of intention to suspend or revoke the short term lodging permit. The
written notice shall be served on the owner in accordance with Section 1.08.080,
and shall specify the facts which, in the opinion of the Finance Director constitute
substantial evidence to establish grounds for imposition of the suspension and/or
revocation, and specify the proposed time the short term lodging permit shall be
suspended and/or that the short term lodging permit shall be revoked within thirty
(30) calendar days from the date the notice is given, unless the owner files with
the Finance Director, before the suspension or revocation becomes effective, a
request for hearing before a hearing officer, who shall be retained by the City,
and pays the fee for the hearing established by resolution of the City Council.
Ordinance No. 2025-4
Page 10 of 11
Subject to subsection (E), failure to file a timely request for a hearing and pay all
applicable fees shall result in the suspension or revocation of the permit.
Section 5: Subsection (E) is hereby added to Section 5.95.065 (Suspensions
and Revocations) of the NBMC and shall read as follows:
E. The Finance Director may extend the deadlines set forth in this section if the
Finance Director determines that good cause has been shown to extend the
deadline.
Section 6: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 7: The Finance Director is hereby authorized to retroactively extend
deadlines as provided in Sections 2 through 5 of this ordinance upon a determination by
the Finance Director that good cause has been shown to do so.
Section 8: If any section, subsection, sentence, clause or phrase of this
ordinance 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 ordinance. The
City Council hereby declares that it would have passed this ordinance 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 9: The City Council finds the introduction and adoption of this
ordinance 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 10: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the NBMC shall remain unchanged
and shall be in full force and effect.
Ordinance No. 2025-4
Page 11 of 11
Section 11: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414. This ordinance shall be effective thirty
(30) calendar days after its adoption.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 11th day of March, 2025, and adopted on the 25th day of
March, 2025, by the following vote, to -wit:
AYES: Mayor Stapleton, Mayor Pro Tern Kleiman Councilmember Barto,
Councilmember Blom, Councilmember Grant, Councilmember
WebeL_ Councilmember Weigand _
NAYS
Nine
JOE STAPLETON, MAYOR
ATTEST:
(1�11t
LEILANI 1. BRO1W;Nj, CITY CLERK
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; that the foregoing ordinance, being Ordinance
No. 2025-4 was duly introduced on the 11th day of March, 2025, at a regular meeting, and adopted by the
City Council at a regular meeting duly held on the 25th day of March, 2025, and that the same was so
passed and adopted by the following vote, to wit:
AYES: Mayor Joe Stapleton, Mayor Pro Terri Lauren Kleiman, Councilmember Michelle Barto,
Councilmember Noah Blorri, Councilmember Robyn Grant, Councilmember Sara J.
Weber, Councilmember Erik Weigand
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said
City this 26th day of March, 2025.
O
STATE OF CALIFORNIA }
COUNTY OF ORANGE }
CITY OF NEWPORT BEACH }
�LIFO�
910 �1l„1,J ANY,I � �
Leilani I. Brown, WC
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
ss.
I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that
Ordinance No. 2025-4 has been duly and regularly published according to law and the order of the City
Council of said City and that same was so published in the Daily Pilot, a newspaper of general circulation
on the following dates:
Introduced Ordinance: March 15, 2025
Adopted Ordinance: March 29, 2025
In witness whereof, I have hereunto subscribed my name this day of April, 2025.
Leilani I. Brown, MMC
City Clerk
City of Newport Beach, California