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HomeMy WebLinkAbout03 - Safety Enhancement Zones Expansion and Enforcement During Peak Activity PeriodsQ �EwPpRT CITY OF s NEWPORT BEACH `q44:09 City Council Staff Report February 10, 2026 Agenda Item No. 3 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Tara Finnigan, Assistant City Manager - 949-644-3001, tinnigan@newportbeachca.gov PREPARED BY: Lorig Yaghsezian, Management Analyst — 949-644-3028, laghsezian@newportbeachca.gov TITLE: Safety Enhancement Zones Expansion and Enforcement During Peak Activity Periods ABSTRACT: For the City Council's consideration is a resolution and ordinance intended to enhance public safety during certain periods of high visitor activity, including spring break and the Fourth of July holiday, that have historically resulted in increased municipal code and legal violations. These high -risk periods are often characterized by large gatherings, overcrowding, excessive noise, alcohol -related offenses, illegal fireworks, and violations associated with short-term lodging units. RECOMMENDATIONS: 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. 2026-08, A Resolution of the City Council of the City of Newport Beach, Designating a Geographical Area in West Newport and the Peninsula and a Portion of Corona del Mar as "Safety Enhancement Zones" During the Designated Spring Break Period Beginning on March 14t" Through April 12t", Which Designation is Necessary to Address Illegal Activity During these High -Risk Periods; and c) Introduce Ordinance No. 2026-2, An Ordinance of the City Council of the City of Newport Beach, California, Amending Sections 1.04.060 (Safety Enhancement Zone)of Chapter 1.04 (Code Enforcement), Sections 5.95.045 (Conditions) and 5.95.065 (Suspensions and Revocations) of Chapter 5.95 (Short Term Lodging Permit), and Section 11.08.020 (Use of Shade Coverings) of Chapter 11.08 (Conduct on Beaches and Piers) of the Newport Beach Municipal Code to Address Illegal Activity During High -Risk Periods, and pass to second reading on February 24, 2026. Safety Enhancement Zones Expansion and Enforcement During Peak Activity Periods February 10, 2026 Page 2 DISCUSSION: For well over a century, visitors of all ages have come to Newport Beach to enjoy day trips, holidays, long weekends, and summer vacations. Many make their time here an annual tradition and the City of Newport Beach and the community recognize the importance of sharing the city's public assets and the economic value that tourism brings. There are, however, some visitors whose stays have been marked by unruly, disruptive behavior that threatens the quality of life for surrounding neighbors and tourists, and taxes the City's public safety resources. Maintaining a safe environment that all can enjoy is essential and staff is proposing additional measures intended to discourage and curb this unwanted conduct during peak visitor periods including spring break and summer holidays. Draft Resolution Newport Beach Municipal Code (NBMC) Section 1.04.060 authorizes the City Council to designate specific geographical areas as Safety Enhancement Zones upon finding that unique conditions during a defined period create a significant threat to public health, safety and welfare. Within these zones, enhanced penalties and additional enforcement mechanisms are intended to deter violations and reduce the demand on public safety resources. The City has designated Safety Enhancement Zones for areas of West Newport / the Balboa Peninsula and Corona del Mar around the Fourth of July holiday. However, in recent years, the City has seen an increase in unruly behavior, leading to arrests and citations, during the various spring breaks that occur largely in March and April. The following table provides the number of arrests and the stated residence of the arrestee during the spring break period in 2025. Spring Break 2025 Arrests (March and April) Residence # % Newport Beach 86 17.0% Adjacent Cities 113 22.3% All Other CA 276 54.5% Nevada 9 1.8% Arizona 5 1.0% All Other States 17 3.4% Staff recommends implementing Safety Enhancement Zones during this year's spring break period to help discourage and curtail unruly behavior. If adopted, Resolution No. 2026-08 would designate areas of West Newport / the Balboa Peninsula and Corona del Mar as Safety Enhancement Zones during two periods that correspond with the 2026 Safety Enhancement Zones Expansion and Enforcement During Peak Activity Periods February 10, 2026 Page 3 spring break schedules for schools in Arizona and Nevada. Further, the resolution expands the West Newport / Peninsula Safety Enhancement Zone so that it would end at B Street rather than at 32nd Street. All other boundaries would remain the same. Draft Ordinance During the Fourth of July weekend in 2025, City public safety personnel responded to a substantial number of calls for service and issued citations for violations including illegal fireworks, excessive noise, alcohol -related offenses, use of the beach after hours, and loud and unruly gatherings. A significant portion of these incidents occurred on the Balboa Peninsula and in West Newport, including areas outside the existing Safety Enhancement Zone boundaries. Many of the violations were associated with short-term lodging units, where large gatherings contributed to repeated calls for service and enforcement actions. Fourth of July 2025 Arrests Residence # % Newport Beach 6 7.9% Adjacent Cities 11 14.5% All Other CA 31 40.8% Nevada 5 6.6% Arizona 15 19.7% All Other States 8 10.5% While the Fourth of July holiday has traditionally been a busy time for public safety in Newport Beach, staff has found that Memorial Day and Labor Day have also drawn larger crowds in recent years. If adopted, Ordinance No. 2026-2 would amend multiple sections of the NBMC to strengthen enforcement tools to help address illegal activity during busy holidays including the Fourth of July, Memorial Day, and Labor Day, as well as during spring break. The amendments include codifying the timing and applicability of Safety Enhancement Zones, enhancing short-term lodging permit conditions and enforcement, including mandatory revocation provisions, and clarifying regulations related to the use of shade coverings on City beaches to ensure public safety and emergency access. The proposed ordinance would amend several sections of the NBMC to strengthen enforcement during high -risk periods, including: Safety Enhancement Zones Expansion and Enforcement During Peak Activity Periods February 10, 2026 Page 4 • Safety Enhancement Zones (NBMC Section 1.04.060): Codifies applicable high -risk periods, including spring break and summer holidays, and clarifies notice requirements. • Short -Term Lodging Permits (NBMC Chapter 5.95): Adds response requirements for owners, agents and adult transient users; enhances suspension and revocation provisions; and establishes mandatory revocation for certain violations occurring during high -risk periods. Beach Shade Coverings (NBMC Section 11.08.020): Clarifies spacing, height, placement and visibility requirements to ensure unobstructed emergency access, public safety visibility and safe pedestrian movement during periods of heavy beach use. General notice of Safety Enhancement Zone designations will be provided through posted signage within the designated areas prior to the effective dates. Notices will also be mailed to property owners within the zones, as well as to short-term lodging permit holders, consistent with NBMC requirements. Operational Enhancements In addition to the proposed resolution and ordinance, staff is also planning operational changes and enhancements for this year's Fourth of July holiday weekend. The measures include increasing the amount of contracted public safety assistance, deploying a mobile booking station, utilizing the City's Corporation Yard as a staging area, partnering with Hoag Hospital, and increasing public outreach and social media messaging to inform residents, visitors and short-term lodging occupants of applicable regulations, restrictions and enforcement measures. FISCAL IMPACT: Should the City Council adopt the proposed ordinance and resolution, the boundaries of the West Newport / Peninsula Safety Enhancement Zone would be expanded and the frequency in which that zone and the Corona del Mar Safety Enhancement Zone are implemented would increase. Staff estimates the total cost of the related, required noticing would increase to approximately $30,000 per fiscal year. The Police Department estimates that the planned operational enhancements would increase its Fourth of July related costs by approximately $80,000 - $100,000 per year. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this action 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 Safety Enhancement Zones Expansion and Enforcement During Peak Activity Periods February 10, 2026 Page 5 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. 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). ATTACHMENTS: Attachment A — Resolution No. 2026-08 Attachment B — Ordinance No. 2026-2 ATTACHMENT A RESOLUTION NO. 2026-8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, DESIGNATING A GEOGRAPHICAL AREA IN WEST NEWPORT AND THE PENINSULA AND A PORTION OF CORONA DEL MAR AS "SAFETY ENHANCEMENT ZONES" DURING THE DESIGNATED SPRING BREAK PERIOD BEGINNING ON MARCH 14TH THROUGH MARCH 22ND AND BEGINNING APRIL 4TH THROUGH APRIL 12TH, WHICH DESIGNATION IS NECESSARY TO ADDRESS ILLEGAL ACTIVITY DURING THESE HIGH -RISK PERIODS 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, pursuant to Section 1.04.060, the City Council may by resolution upon a finding that there is a need to take action to protect the public health, safety and welfare, designate a specific geographical area as a "Safety Enhancement Zone" and specify the date and/or time that the designation is effective upon a finding that the geographical area is subject to unique conditions and circumstances during a specific period of time that create the potential for a significant threat to public health and safety and that the threat would be reduced by enhanced penalties for violations of provisions of this Code and increased responsibilities on the part of residents and occupants in the area; WHEREAS, the resolution establishing a Safety Enhancement Zone shall contain the following provisions: (1) a description of the geographical area comprising the Safety Enhancement Zone; (2) the date and time during which the Safety Enhancement Zone designation is applicable to the geographical area; (3) the factual basis for the designation; (4) the manner in which general notice of the Safety Enhancement Zone and the penalties for violations shall be given; and (5) the manner in which specific notice of additional duties, responsibilities and/or restrictions shall be given to owners or occupants of property affected by the Safety Enhancement Zone designation; WHEREAS, in 2025, the City experienced a significant increase in crime such as curfew violations, noise disturbances, overcrowding, large unruly gatherings, and other violations of the law, during high -risk periods, especially during the designated Resolution No. 2026- Page 2 of 4 spring breaks for schools in the Phoenix, Arizona area (whose spring break begins this year on March 14th and ends on March 22nd) and in Clark County, Nevada (whose spring break begins this year on April 4th and ends on April 12th, 2026) (collectively "Spring Breaks"); WHEREAS, the violation of laws and permit conditions related to short-term lodgings including, but not limited to, illegal fireworks, excessive noise, drug or alcohol offenses, and unruly gatherings, during the Spring Breaks poses a significant threat to public health, safety, and welfare; and WHEREAS, the City Council seeks to balance public enjoyment of beaches and recreational areas with the protection of residents, visitors, and public safety personnel from unsafe or unlawful activities. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: The City Council hereby designates the following areas as Safety Enhancement Zones: 1. West Newport / Peninsula: The area bounded by West Coast Highway on the north, Newport Boulevard from West Coast Highway to West Balboa Boulevard and from West Balboa Boulevard to East Balboa Boulevard ending at B Street on the east, the Pacific Ocean on the south, and 54th Street and Jo Anne Place on the west. 2. Corona Del Mar: The portions of Corona del Mar bounded by the Pacific Ocean and Newport Harbor on the south, Buck Gully from the Pacific Ocean to Fifth Avenue on the east, Fifth Avenue to Dahlia Avenue (north of East Coast Highway), Dahlia Avenue (north of East Coast Highway) to East Coast Highway, and East Coast Highway to Avocado Avenue on the north, and the east side of Avocado Avenue (and its extended alignment) from East Coast Highway to Newport Harbor on the west, which area shall include Pirate's Cove, Corona del Mar State Beach, and Little Corona Beach as well as the immediately adjacent parking lots, roads, stairs, and paths that provide ingress and egress thereto. Section 2: The Safety Enhancement Zones referenced in Section 1 shall be in effect from 12:01 a.m. on March 14th, the first day of the first Spring Break. until 11:59 p.m. on March 22nd, 2026, the last day of the first Spring Break, and from 12:01 a.m. on April 4th, the first day of the second Spring Break, until 11:59 p.m. on April 12th, 2026, the last day of the second Spring Break. Section 3: The City Council hereby finds that the geographical areas set forth herein are subject to unique conditions and circumstances during the designated times, Resolution No. 2026- Page 3 of 4 which creates the potential for a significant threat to public health and safety and that the threat would be reduced by enhanced penalties for violations of provisions of this Code and increased responsibilities on the part of residents and occupants in the area. The basis for the designation of the Safety Enhancement Zones is set forth in the accompanying staff report, this resolution and Ordinances 2026-_, 2025-3 and 2003-5. Section 4: General notice of the Safety Enhancement Zones shall be provided on or before 6:00 p.m. on Friday March 13th and Friday April 3rd at the following locations: 1. West Newport / Peninsula: No less than three locations along West Coast Highway, two locations along Newport Boulevard, two locations on West and East Balboa Boulevard, one location on C Street, four locations along Oceanfront Walk/Seashore Drive and two locations along 54th Street or Jo Anne Place. 2. Corona del Mar: No less than three locations along East Coast Highway, at least one location on MacArthur Boulevard south of San Miguel Drive, one location on Marguerite Avenue south of San Joaquin Hills Road, and at Pirate's Cove, Corona del Mar State Beach and Little Corona Beach. Section 5: Specific notice of the Safety Enhancement Zones and the fines, penalties and provisions shall be sent before February 28, 2026, to owners of property within the Safety Enhancement Zones, based on the most recent property tax records. Section 6: Notice of the adoption subsection (A) (24) of Section 5.95.045 (Conditions) and the mandatory revocation provision set forth in subsection (A) (9) (a) Section 5.95.065 (Suspensions and Revocations) of the Newport Beach Municipal Code shall be sent to all short-term lodging owners in accordance with Newport Beach Municipal Code Section 1.08.080 by February 28, 2026. The notice shall inform the short term lodging property owners that a violation of the rules, regulations or laws set forth in Section 5.95.065 subsection (A)(9)(a) during a high -risk period, including the Spring Break designated herein as April 4th through April 12th, and as defined in Section 5.95.065 subsection (A)(9)(b), which violation relates in any way to the short- term lodging unit and that occurs on March 26, 2026, or thereafter, shall result in revocation of the short-term lodging permit. Section 7: 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 Resolution No. 2026- Page 4 of 4 more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 8: The recitals provided in this resolution are true and correct and are incorporated into the substantive portion of this resolution. Section 9: 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 10: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this resolution. ADOPTED this 10th day of February, 2026. Lauren Kleiman, Mayor ATTEST: Lena Shumway, City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE baron C. Harp, City Attorney ATTACHMENT B ORDINANCE NO. 2026-2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING SECTION 1.04.060 (SAFETY ENHANCEMENT ZONE) OF CHAPTER 1.04 (CODE ENFORCEMENT), SECTIONS 5.95.045 (CONDITIONS) AND 5.95.065 (SUSPENSIONS AND REVOCATIONS) OF CHAPTER 5.95 (SHORT TERM LODGING PERMIT), AND SECTION 11.08.020 (USE OF SHADE COVERINGS) OF CHAPTER 11.08 (CONDUCT ON BEACHES AND PIERS) OF THE NEWPORT BEACH MUNICIPAL CODE TO ADDRESS ILLEGAL ACTIVITY DURING HIGH -RISK PERIODS 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 Council recognizes that certain periods of high public activity ("high -risk periods") including, but not limited to, Memorial Day, Fourth of July, and Labor Day weekends, as well as Spring Break, have historically been associated with increased public safety risks, including noise disturbances, illegal fireworks, overcrowding, and other violations of the law; WHEREAS, during the Fourth of July weekend in 2025, law enforcement issued over 285 citations for violations of the Newport Beach Municipal Code ("NBMC"), including 16 citations for use and possession of illegal fireworks, 24 citations for use of the beach after hours, 27 citations related to loud and unreasonable noise; and over 160 citations related to possession of open containers of alcohol or drinking in public; WHEREAS, on the Fourth of July in 2025, there were over 450 citations issued for violations of the NBMC and state laws, including 11 citations for violations of the Loud and Unruly Gathering Ordinance ("LUGO"), as well as 602 calls for service, and 43 arrests, with many of these citations, calls for service and arrests occurring outside of the current West Newport Safety Enhancement Zone, primarily concentrated between the current boundaries of the West Newport Safety Enhancement Zone and the area around the Balboa Pier; WHEREAS, over the Fourth of July weekend, many of the problems encountered by law enforcement stemmed from short-term lodging units including, but not limited to, the issuance of LUGO and other citations to transient users of short-term Ordinance No. 2026- Page 2 of 11 lodging units or property owners on 28th Street, 33rd Street, W. Balboa Boulevard, E. and W. Oceanfront, and Seashore Drive in Newport Beach; WHEREAS, the City has also seen increased violations during other high -risk periods, especially during those periods designated as Spring Break for schools in Arizona and Nevada; WHEREAS, the City Council has previously established the West Newport Safety Enhancement Zone to promote public safety, regulate illegal activity, and ensure compliance with applicable laws and regulations; WHEREAS, extending the West Newport Safety Enhancement Zone to include the areas of the peninsula from the current boundary to the area adjacent to Balboa Pier is necessary to address documented incidents of high -risk behavior, including large gatherings, unruly parties, and other activities that threaten public health, safety, and welfare; WHEREAS, during high -risk periods, the beaches experience significant crowding, and the use of shade structures can obstruct clear lines of sight for public safety personnel, conceal unsafe behavior from view, and impede the safe movement of pedestrians and emergency vehicles; WHEREAS, many short term lodging units are being rented by adults for occupancy by individuals under the age of twenty-five during high -risk periods; WHEREAS, requiring the owner or owner's agent and the adult transient user on the rental agreement to respond promptly to a short term lodging unit when there has been a good faith determination that there has been a violation of the law or the short- term lodging permit conditions, will enhance enforcement, prevent escalation of unsafe activities, and ensure accountability of both property owners and transient users; WHEREAS, the violation of laws and permit conditions related to short-term lodgings including, but not limited to, illegal fireworks, excessive noise, drug or alcohol offenses, and unruly gatherings, during high -risk periods poses a significant threat to public health, safety, and welfare; WHEREAS, the City Council finds that the mandatory revocation of a short-term lodging permit is an appropriate and necessary enforcement tool when significant violations have occurred during high -risk periods because it ensures accountability, deters future violations, and protects the community from recurring safety risks; and Ordinance No. 2026- Page 3 of 11 WHEREAS, the City Council seeks to balance public enjoyment of beaches and recreational areas with the protection of residents, visitors, and public safety personnel from unsafe or unlawful activities. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: Section 1.04.060 (Safety Enhancement Zone) of the Newport Beach Municipal Code is hereby amended to read as follows: Section 1.04.060 Safety Enhancement Zone. A. Designation Process. The City Council may designate a specific geographical area as a Safety Enhancement Zone by ordinance or by resolution upon finding that the area is subject to unique conditions during a specific period creating a significant threat to the public health, safety and welfare. The ordinance or resolution establishing a Safety Enhancement Zone shall contain the following provisions: (1) a description of the geographical area comprising the zone; (2) the date and time the designation is in effect; (3) the factual basis for the designation; (4) the manner in which general notice of the Safety Enhancement Zone and applicable penalties for violations shall be provided; and (5) the manner in which specific notice of additional duties, responsibilities or restrictions shall be provided to owners of property within the zone. B. West Newport Safety Enhancement Zone. The City Council hereby designates the area bounded by West Coast Highway on the north, Newport Boulevard from West Coast Highway to West Balboa Boulevard and from West Balboa Boulevard to East Balboa Boulevard ending at B Street on the east, the Pacific Ocean on the south, and 54th Street and Jo Anne Place on the west as a Safety Enhancement Zone. General notice of the Safety Enhancement Zone, as provided for in subsection (E), shall be provided at no less than three locations along West Coast Highway, two locations along Newport Boulevard, two locations on West and East Balboa Boulevard, one location on C Street, four locations along Oceanfront Walk/Seashore Drive and two locations along 54th Street or Jo Anne Place. C. Corona del Mar Safety Enhancement Zone. The City Council hereby designates the portions of Corona del Mar bounded by the Pacific Ocean and Newport Harbor on the south, Buck Gully from the Pacific Ocean to Fifth Avenue on the east, Fifth Avenue to Dahlia Avenue (north of East Coast Highway), Dahlia Avenue (north of East Coast Highway) to East Coast Highway, and East Coast Highway to Avocado Avenue on the north, and the east side of Avocado Avenue (and its extended alignment) from East Coast Highway to Newport Harbor on the west, which area shall include Pirate's Cove, Corona del Mar State Beach, and Little Corona Beach as well as the immediately Ordinance No. 2026- Page 4 of 11 adjacent parking lots, roads, stairs, and paths that provide ingress and egress thereto as a Safety Enhancement Zone. General notice of the Safety Enhancement Zone, as provided for in subsection (E), shall be provided at no less than three locations along East Coast Highway, at least one location on MacArthur Boulevard south of San Miguel Drive, one location on Marguerite Avenue south of San Joaquin Hills Road, and at Pirate's Cove, Corona del Mar State Beach and Little Corona Beach. D. The designation for the West Newport and Corona del Mar Safety Enhancement Zones shall be effective: (1) from 12:01 a.m. on the Friday before the Memorial Day Holiday in May until 11:59 p.m. on Memorial Day ("Memorial Day"); (2) from 12:01 a.m. on Friday until 11:59 p.m. on Monday when the Fourth of July falls on a Friday, Saturday, Sunday or Monday; (3) from 12:01 a.m. on July 4th to 3:00 a.m. on July 5th when the Fourth of July falls on a Tuesday, Wednesday or Thursday; (4) from 12:01 a.m. on the Saturday before the first Monday in September until 11:59 p.m. on the first Monday in September ("Labor Day"); (5) from 12:01 a.m. on the date designated by resolution of the City Council as first day of any Spring Break until the 11:59 p.m. on the last day of any designated Spring Break ("Spring Break"); and (6) at other times when designated by ordinance or resolution upon a finding that unique conditions during a specific period of time create a significant threat to the public health, safety and welfare. The factual basis for this designation is found in Ordinances 2026-_, 2025-3 and 2003- 5. E. General notice of the designation of the Safety Enhancement Zone shall be provided at the locations set forth in subsections B and C on or before 6:00 p.m. on the Friday before Memorial Day, Labor Day and July 4th when the Fourth of July holiday falls on Friday, Saturday, Sunday or Monday, before 6:00 p.m. on July 3rd when the Fourth of July holiday falls on a Tuesday, Wednesday or Thursday, and before 6:00 p.m. of the first day of any Spring Break as set forth in a resolution adopted by the City Council. F. Specific Notice advising of the Safety Enhancement Zone designation and the fines, penalties and provisions shall be sent before the date set forth in the City Council resolution that designates any Spring Break, and before April 15th, June 15th, and August 15th, to each property owner within the zone, based on the most recent property tax records. Section 2: Subsection (A) of Section 5.95.045 (Conditions) of the Newport Beach Municipal Code is hereby amended to add subsection (24), which shall read as follows: 24. If a City law enforcement officer, fire official, code enforcement officer, or other authorized City official makes a good -faith determination that a violation of any law, ordinance, regulation or permit condition is occurring at a unit and provides verbal Ordinance No. 2026- Page 5 of 11 notice of the violation to any person occupying the site and to the owner's local contact, the following persons shall appear in person at the unit within two (2) hours of such notice being provided: the owner of the property or the owner's agent; and a transient user who is 25 years or older and whose name appears on the rental agreement for the unit. Section 3: Section 5.95.065 (Suspensions and Revocations) of the Newport Beach Municipal Code is hereby amended to read as follows: 5.95.065 Suspensions and Revocations. In addition to any fine or penalty that may be imposed pursuant to any provision of this Code, a short term lodging permit for a unit may, or where required shall, be suspended or revoked as provided in this section. A. Suspensions/Revocations. 1. If any person violates any short term lodging permit condition two or more times in any twelve (12) month period or any other provision of this Code, state law or federal law, two or more times in any twelve (12) month period, and the violation relates in any way to the unit that has a short term lodging permit, the short term lodging permit for the unit may be suspended for a period of six months in accordance with subsection (B) of this section. 2. In the case of a short term lodging permit for a unit that is located in a safety enhancement zone, if there is a violation of any provision of this Code during the period that the safety enhancement zone is in effect, the short term lodging permit for the unit may be suspended for a period of one year or revoked in accordance with subsection (B) of this section. 3. If a lodging unit that is subject to a short term lodging permit has been the location of two or more loud or unruly gatherings, as defined in Chapter 10.66, while the lodging unit was occupied on a short term basis, within any twenty-four (24) month period, the permit may be suspended for a period of one year or revoked in accordance with subsection (B) of this section. A loud or unruly gathering that occurred prior to the passage of fourteen (14) days from the mailing of notice to the owner in compliance with Section 10.66.030(D) shall not be included within the calculation of the two or more loud or unruly gatherings required to revoke a short term lodging permit. 4. If a person violates Section 5.95.020 regarding any unit that has had a short term lodging permit suspended pursuant to subsection (B) of this section, the short term lodging permit for the unit may be revoked in accordance with subsection (B) of this section. Ordinance No. 2026- Page 6 of 11 5. If any person violates any short term lodging permit condition or any other provision of this Code, state or federal law within six (6) months of having a previously suspended short term lodging permit reinstated for a unit, and the violation relates in any way to the unit that has the short term lodging permit, the short term lodging permit for the unit may be revoked in accordance with subsection (B) of this section. 6. If any person violates any short term lodging permit condition three or more times in any twelve (12) month period or provision of this Code, state or federal law three or more times in any twelve (12) month period, and the violation relates in any way to the unit that has a short term lodging permit, the short term lodging permit for the unit may be revoked in accordance with subsection (B) of this section. 7. If any person fails to collect and remit transient occupancy tax or the visitor service fee in accordance with the requirements of this chapter, Chapter 3.16 or 3.28 in regards to any unit that has a short term lodging permit, two or more times within any thirty-six (36) month period, the short term lodging permit for the unit may be revoked in accordance with subsection (B) of this section. 8. If any person is determined to have provided false information on an application for an annual short term lodging permit, or renewal thereof, the short term lodging permit for the unit may be revoked in accordance with subsection (B) of this section. 9. If the preponderance of the evidence shows that any person has violated any of the rules, regulations or laws set forth in subsection (A)(9)(a) during a high -risk period, as defined in subsection (A)(9)(b) of this section, and the violation relates in any way to the unit that has a short term lodging permit, the short term lodging permit for the unit shall be revoked in accordance with subsection (B) of this section. a. For purposes of this subsection, the applicable rules, regulations and laws are as follows: Chapters 6.40 (Prohibition of Sale Distribution and Use of Nitrous Oxide), 10.24 (Discharge of Weapons -Permission Required), 10.28 (Loud and Unreasonable Noise), 10.58 (Police Services at Large Parties, Gatherings or Events on Private Property), or 10.66 (Loud and Unruly Gatherings) of this Code; Sections 5.95.045 (A) (2), (4), (5), (6), (10), (12), (17), (18), (21), or (24) (Conditions), 5.95.047 (A) (1), (4), (5), or (6) (Violations of Permit Conditions by Transient User, Occupant or Guest), 9.04.420 (Amendments to Section 5601.1.3 Fireworks), or 10.12.020 (Interference) of this Code; California Business and Professions Code Section 25658; California Penal Code Sections 69, 148(a), 148.9, 243 (b) (c), 272, 415, 416, 29610, 22210, or 21510; Health and Safety Code Sections 12677, or 11357; and any law punishable as a felony. Ordinance No. 2026- Page 7 of 11 b. For purposes of this subsection, a "high -risk period" shall include the following: (1) from 12:01 a.m. on the last Friday in May until 11:59 p.m. on the last Monday in May; (2) from 12:01 a.m. on Friday until 11:59 p.m. on Monday when the Fourth of July falls on a Friday, Saturday, Sunday or Monday; (3) from 12:01 a.m. on July 4th to 3:00 a.m. on July 5th when the Fourth of July falls on a Tuesday, Wednesday or Thursday; (4) from 12:01 a.m. on the Saturday before the first Monday in September until 11:59 p.m. on the first Monday in September; (5) from 12:01 a.m. on the date designated by resolution of the City Council as first day of any Spring Break until the 11:59 p.m. on the last day of any designated Spring Break; and (6) at other times when designated by ordinance or resolution upon a finding that unique conditions during a specific period of time create a significant threat to the public health, safety and welfare. Where a violation or set of violations qualifies for suspension or revocation under more than one subsection, the subsection that imposes the most severe penalty, including mandatory revocation, shall control. B. Permits shall be suspended or revoked only in the manner provided in this section. 1. The Administrative Services 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, or 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 Administrative Services 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 Administrative Services 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) days from the date the notice is given, unless the owner files with the Administrative Services 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. Subject to subsection (E) of this section, failure to file a timely request for hearing and pay all applicable fees shall result in the suspension or revocation of the permit. 2. If the owner requests a hearing and pays the hearing fee, established by resolution of the City Council, within the time specified in subsection (B)(1) of this Ordinance No. 2026- Page 8 of 11 section, the Administrative Services Director shall serve written notice on the owner, pursuant to Section 1.08.080, setting forth the date, time and place for the hearing. The hearing shall be scheduled not less than fifteen (15) days, nor more than sixty (60) days, from the date on which notice of the hearing is served by the Administrative Services Director. The hearing shall be conducted according to the rules normally applicable to administrative hearings. At the hearing, the hearing officer will preside over the hearing, take evidence and then submit proposed findings and recommendations to the City Manager. The City Manager shall suspend or revoke the short term lodging permit only upon a finding that a violation has been proven by a preponderance of the evidence, and that the suspension or revocation is consistent with the provisions of this section. The City Manager shall render a decision within thirty (30) days of the hearing, and the decision shall be final as to the City but subject to judicial review pursuant to California Code of Civil Procedure Section 1094.5. C. If a short term lodging permit is suspended, it shall be the owner's responsibility to vacate any future bookings and remove all advertisements related to the short term rental of the unit during the term of the suspension. If a short term lodging permit is revoked, it shall be the owner's responsibility to vacate any future bookings and remove all advertisements related to the short term rental of the unit. D. After any suspension, the owner may reapply for reinstatement of the short term lodging permit which shall be processed in accordance with Section 5.95.030, provided the owner has paid the City all amounts owed the City in accordance with this chapter and Chapters 3.16 and 3.28. E. The Administrative Services Director may extend the deadlines set forth in this section if the Administrative Services Director determines that good cause has been shown to extend the deadline. Section 4: Section 11.08.020 (Use of Shade Coverings) of the Newport Beach Municipal Code is hereby amended to read as follows: 11.08.020 Use of Shade Coverings. A. Unless authorized by the City Council, City Manager, authorized City personnel or a special event permit, no person shall install, erect or maintain any shade covering on any ocean beach, bay beach, public park adjacent to an ocean or bay beach, or tideland that: 1. Is connected, attached, or tied in any manner to another shade covering. 2. Is positioned so that both the base and the outer edge of the canopy, fabric, or covering are located less than five (5) feet from the base or outer edge of any Ordinance No. 2026- Page 9 of 11 other shade covering. The required separation shall be measured horizontally from the closest point of the canopy, fabric or covering and from the closest point of the base, pole, frame, or anchoring point. 3. Is grouped, arranged or positioned to allow multiple shade coverings to function as a single structure or to expand the usable shaded area, regardless of whether the individual shade covering meets the spacing requirements set forth in this section. 4. Is not sufficiently anchored to prevent displacement by wind or tides. No ropes, cords, guy lines, stakes, or similar devices may extend beyond the perimeter of the shade covering, and improvised anchors including, but not limited to, concrete blocks, buckets, coolers, or water -filled containers, are prohibited. 5. Exceeds six (6) feet in height or six (6) feet in width at its widest point. 6. Is closed to public view on more than one side or obstructs line -of -sight access from the surrounding beach or shoreline. 7. Is located within fifty (50) feet of any lifeguard tower, emergency access point, or public access point. Proximity shall be measured horizontally from the nearest point of the shade covering to the base/edge of any lifeguard tower, emergency access point, or public access point. 8. Interferes with a lifeguard's ability to observe the water or adjacent lifeguard towers. 9. Prohibits reasonable ingress and egress on any ocean beach, bay beach, public park adjacent to an ocean or bay beach, or tideland. Such areas shall be clearly marked by City personnel or City contractors through signage, cones, flags, painted markings, or other visible means indicating that the area is reserved for ingress and egress. 10. Is placed in proximity to a fire ring so as to create a fire hazard. The reasonableness of proximity shall be determined by existing conditions. Under no condition shall a shade covering be within ten (10) feet of any exposed fire. B. Shade coverings shall only be erected, maintained, or occupied on any ocean beach, bay beach, public park adjacent to an ocean or bay beach, or tideland during daytime hours (6:00 a.m. to 7:00 p.m.) and only when a responsible person is present in the immediate vicinity. C. A shade covering shall be immediately removed during hazardous weather conditions, high wind advisories, emergency operations, or when otherwise directed by Ordinance No. 2026- Page 10 of 11 a fire official, lifeguard, law enforcement officer, or other authorized City personnel for public safety reasons. D. Any shade covering that violates subsections A (7) through A (10) or C of this section, shall be immediately relocated at the request of a fire official, lifeguard, law enforcement officer, or other authorized City personnel. Failure to immediately comply with a request to relocate shall constitute a violation of this section. E. For purposes of this section the term "shade covering" shall include any umbrella, canopy, or other shade structure. Section 5: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 6: 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, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases may be declared invalid or unconstitutional. Section 7: The City Council of the City of Newport Beach finds the introduction and adoption of this ordinance is exempt from environmental review under the California Environmental Quality Act ("CEQA") pursuant to Section 15060(c)(2) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, which states that an activity is not subject to CEQA if "[t]he activity will not result in a direct or reasonably foreseeable indirect physical change in the environment". Section 8: Except as expressly modified in this ordinance, all other sections, subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code shall remain unchanged and shall be in full force and effect. Ordinance No. 2026- Page 11 of 11 Section 9: 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 and shall become final thirty (30) days after adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 10th day of February 2026, and adopted on the 24th day of February 2026, by the following vote, to -wit: AYES: NAYS: ABSENT: Lauren Kleiman, Mayor ATTEST: Lena Shumway, City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE C ar n C. Harp, City Attorney Section 1.04.060 Safety Enhancement Zone. A. Designation Process. The City Council may by ordinance, or by resolution upon a finding that there is a need to take aetion to protect the pubLie health, safety and , designate a specific geographical area as a "Safety Enhancement Zone" and speeify the date ai-r& by ordinance or tame that the designation as effeefiveby resolution upon a --finding that the geographical area is subject to unique conditions and eircurnstanees during a specific period of time that ereate the potentini forcreatin a significant threat to safety and that the threat wouid be reduced by enhanced penalties for violations of of this Code and increased responsibilities on the part of residents and oeetipants in the the public health, safety and welfare. The ordinance or resolution establishing a Safety Enhancement Zone shall contain the following provisions: (1) a description of the geographical area comprising the Safety Enhancement Zo zone; (2) the date and time the Safety Enhancement Zone designation is appiieabLe to the geographieai in effect; (3) the factual basis for the designation; (4) the manner in which general notice of the Safety Enhancement Zone and theapplicable penalties for violations shall be givei-t rovided; and (5) the manner in which specific notice of additional duties, responsibilities antYor restrictions shall be givenprovided to owners Or oeetlpai of property affected by the Safety Enhancement Zone designati mwithin the zone. B. West Newport Safety Enhancement Zone. The City Council hereby designates as a Safety Enhancement Zone the area bounded by the Pacific Ocean on the south, 32nd Street Newport Boulevard on the east, West Coast Highway on the north a V. d 54th Street on , Newport Boulevard from 12.01 a.m. on the last Saturday On May until 11:59 p.m. on the Last Monday in May ("Memoriai Day") during each year that the designation as in effect, (2) frorn 12:01 a.m. on juiy 5th during each year that the designation is On effect; and (3) frorn 12001 a.n-i. on the first Monday On September ("Labor Day") during each year that the designation is in effect. The factual basis for this designation is found in Ordonanee 2025-3 and Ordinance - West Coast Highway to West Balboa Boulevard and from West Balboa Boulevard to East Balboa Boulevard ending at B Street on the east, the Pacific Ocean on the south, and 54th Street and Jo Anne Place on the west as a Safety Enhancement Zone. General notice of the Safety Enhancement Zone designatiern, as provided for in subsection (E), shall be posted on or before 6.00 p.m. on the Friday before Plernor,ai and Labor Dar, and on juiy 3rd provided at no less than three Locations along West Coast Highway, two locations along Newport Boulevard/- re- two locations on West and East Balboa Boulevard, one location on C Street, four locations along Oceanfront Walk/Seashore Drive and two locations along 54th Street. In addition, letters Enh - neenI Zone. or JoAnne C. Corona del Mar Safety Enhancement Zone. The City Council hereby designates as -a Safety EnhancementZone the portions of Corona del Mar bounded bythe Pacific Ocean and Newport Harbor on the south, Buck Gullyfrom the Pacific Ocean to Fifth Avenue on the east, Fifth Avenue to Dahlia Avenue (north of East Coast Highway), Dahlia Avenue (north of East Coast Highway) to East Coast Highway, and East Coast Highwayto Avocado Avenue on the north, and the east side of Avocado Avenue (and its extended alignment) from East Coast Highway to Newport Harbor on the west, which area shall include Pirate's Cove, Corona del Mar State Beach, and Little Corona Beach as well as the immediately adjacent parking lots, roads, stairs, and paths that provide ingress/egress thereto. This designation *8 effective (1) frorn 12*01 a.m. on the iast Saturday in May until 11 *59 p.m. on the last Monday in Play ("Men -I Day") dtiring each year that the deSigl"I *8 *M effeet; (2) fron-i 12001 a.m. on juiy4th to 3:00 a.m. on juLy 5th duilng each year that the designation is an effect; and (3) frorn 12:01 a.m. on the Saturday before the first Monday an September until 11:59 p.m. on the first Plonday in Septen-I ("Labor Day") during eaeh year that the designation is in effeet. TI-I factual basis for this designation is found in Ordinance 2025-3. Notice of the Safety Enhancement Zone designation shall be posted on or before 6:00 p.m. on the Friday before Pleniorial and Labor Day-, and on juiy 3rd and egress thereto as a Safety Enhancement Zone. General notice of the Safety Enhancement Zone, as provided for in subsection (E), shall be provided at no less than three locations along East Coast Highway, at least one location on MacArthur Boulevard south of San Miguel Drive, one location on Marguerite Avenue south of San Joaquin Hills Road, and at Pirate's Cove, Corona del Mar State Beach and Little Corona Beach. D. The designation for the West Newport and Corona del Mar Safetv Enhancement Zones shall be effective: U from 12:01 a.m. on the Friday[ before the Memorial Day Holiday in May until 11:59 p.m. on Memorial Day ("Memorial Day"); (2) from 12:01 a.m. on Friday until 11:59 p.m. on Monday when the Fourth of Julyfalls on a Friday, Saturday, Sunday or Monday; (3) from 12:01 a.m. on July 4th to 3:00 a.m. on July 5th when the Fourth of July falls on a Tuesday, Wednesday or Thursday; (4) from 12:01 a.m. on the Saturday before the first Monday in September until 11:59 p.m. on the first Monday in September ("Labor Day"); from 12:01 a.m. on the date designated by resolution of the City Council as first day of any Spring Break until the 11:59 p.m. on the last day of any designated Spring Break ("Spring Break"); and (6) at other times when designated by ordinance or resolution upon a finding that unique conditions during a specific period of time create a significant threat to the public health, safety and welfare. The factual basis for this designation is found in Ordinances 2026- . 2025-3 and 2003-5. E. General notice of the designation of the Safety Enhancement Zone shall be provided at the locations set forth in subsections B and C on or before 6:00 p.m. on the Friday before Memorial Day, Labor Day and July 4th when the Fourth of July holiday falls on Friday, Saturday, Sunday or Monday, before 6:00 p.m. on July 3rd when the Fourth of July holiday falls on a Tuesday, Wednesday or Thursday, and before 6:00 p.m. of the first day of any Spring Break as set forth in a resolution adopted by the City Council. F. Specific Notice advising of the Safety Enhancement Zone designation and the fines penalties and provisions shall be sent before the date set forth in the City Council resolution that designates any Spring Break, and before April 15th, June 15th, and August 15th, to each property owner within the zone, based on the most recent property tax records. Subsection (A) of Section 5.95.045 (Conditions) of the Newport Beach Municipal Code A. All permits issued pursuant to this chapter are subject to the following standard conditions: 1. The owner shall prohibit a lessee of a lodging unit from renting the lodging unit to a transient user for a short term and from home -sharing. 2. The owner shall not rent a lodging unit to a transient user that is under the age of twenty- five (25). 3. The owner shall enter into a written agreement with the transient user that requires: a. All persons residing in the short term lodging unit to live together as a single housekeeping unit; and b. Limits the overnight occupancy of the short term lodging unit to the maximum permitted by the building code and fire code. 4. The owner shall ensure that the transient user complies with all terms of the written agreement set forth in subsection (A)(3) of this section. 5. The owner shall 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. 6. The owner shall, 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. 7. The owner of the short term lodging unit shall use best efforts to ensure compliance with all the provisions of Title 6. 8. The owner of the short term lodging unit shall provide the transient user with a copy of Sections 5.95.047, 10.28.007, 10.28.010, 10.28.020, 10.58.030, and 10.66.020. 9. The owner of the short term lodging unit shall provide the transient user with a copy of the good neighbor policy created by the City and available on the City website, post a copy of the short term lodging permit and post a copy of the conditions set forth in this subsection in a conspicuous place within the unit. The notice shall be in substantial compliance with a template created by the City, which shall be available on the City website, and contain the following: a. The name of the local contact person(s) and phone number at which that person(s) may be reached on a twenty-four (24) hour basis. The local person(s) must be located within twenty-five (25) miles of the unit and shall respond to any call related to the unit within thirty (30) minutes; b. The number and location of on -site parking spaces; c. The street sweeping schedule for all public rights -of -way within three hundred (300) feet of the unit; d. The trash collection schedule for the unit, and the Code rules and regulations concerning the timing, storage and placement of trash containers and recycling requirements; e. Notification that no amplified sound or reproduced sound is allowed outside or audible from the property line between the hours of 10:00 p.m. and 10:00 a.m.; and f. Notification that any transient user, occupant or guest is responsible for all activities occurring on the property and that any transient user, occupant or guest may be cited and fined for creating a disturbance or violating any provision of this Code. 10. With respect to any short term lodging unit that is located in any safety enhancement zone, the owner of the unit and any agent retained by the owner shall take immediate action during the period that the safety enhancement zone is in effect to prevent any transient user, occupant or guest from engaging in disorderly conductor committing violations of this Code or state or federal law pertaining to noise, disorderly conduct, the consumption of alcohol or the use of illegal drugs. 11. The owner shall: a. Ensure that all transient occupancy taxes and visitor service fees are collected and remitted to the City and otherwise comply with all transient occupancy tax and visitor service fee requirements, as set forth in Chapters 3.16 and 3.28. b. If the owner uses an agent to collect and remit the transient occupancy tax and the visitor service fee, either voluntarily or as directed by the City, the owner shall be responsible for ensuring that the agent collects and remits the transient occupancy tax and the visitor service fee to the City pursuant to the requirements set forth in this chapter and Chapters 3.16 and 3.28. c. If the Finance Director directs, in writing, a hosting platform to collect and remit the transient occupancy tax and the visitor service fee, the owner shall: (i) be responsible for ensuring that the hosting platform collects and remits the transient occupancy tax and the visitor service fee to the City in accordance with this chapter; and (ii) when filing a return in accordance with Sections 3.16.070 and 3.28.040, the owner shall provide the City with a copy of all receipts showing the date the short term lodging unit was rented, the name of the hosting platform, the amount of transient occupancy tax and visitor service fee collected by the hosting platform, and proof that the transient occupancy tax and visitor service fee was remitted to the City. 12. The owner shall provide the Citywith the name and twenty-four (24) hour phone number of a local contact person(s) (who resides within twenty-five (25) miles of the property) who shall respond to contacts from the answering service, respond to any call related to the unit within thirty (30) minutes, and ensure compliance with this chapter in a timely manner. The owner or agent must provide a new local contact person and his or her phone numberwithin five business days, if there is a change in the local contact person(s). 13. The owner shall ensure that all available parking spaces on site, which may include garage, carport, and driveway spaces as well as tandem parking, are available for the transient user, occupant or guest of the short term lodging unit. The owner shall disclose the number of parking spaces available on site and shall inform the transient user, occupant and/or guest that street parking may not be available. 14. The owner shall maintain a valid business license and short term lodging permit when engaging in short term lodging. 15. The owner shall include the City issued short term lodging permit number on all advertisements for the rental of the short term lodging unit and shall ensure the transient user is informed of the amount of the transient occupancy tax and visitor service fee prior to completion of the booking transaction. 16. The owner shall ensure that a permitted short term lodging unit is only used for residential purposes and not used for nonresidential uses, including, but not limited to, large commercial or non-commercial gatherings, commercial filming and/or nonowner wedding receptions. 17. The owner shall ensure that no amplified sound or reproduced sound is used outside or audible from the property line between the hours of 10:00 p.m. and 10:00 a.m. and that the transient user does not violate the requirements set forth in this chapter and Chapters 10.28, 10.58 and 10.66. 18. The owner shall complywith the nuisance response plan submitted with the application for a short term lodging permit and approved by the Finance Director. 19. The owner shall allow the City to inspect the short term lodging unit to confirm the number of bedrooms, gross floor area, and number/availability of parking spaces, seven days after the City serves the owner with a request for inspection in accordance with Section 1.08.080. If, based on the inspection, it is determined that the information submitted to the City in accordance with Section 5.95.030 was false, in addition to any other remedy set forth in this chapter, the owner agrees that the owner shall be liable for the cost of conducting the inspection. 20. The owner shall provide the City with a copy of any written rental agreement(s) and the good neighbor policy, within seven days after the City serves the owner with a notice of request for written rental agreements and the good neighbor policy in accordance with Section 1.08.080. 21. Neither an owner nor the owner's agent shall rent, let, advertise for rent, or enter into an agreement for the rental of any lodging unit, for less than two consecutive nights. 22. The owner shall: a. Require every transient user and guest of the transient user to comply with all State and Local laws that regulate parking while staying at or visiting the short term lodging unit; b. Require every transient user to provide the owner with the license plate number for all vehicles which are used by the transient user or the transient user's guest while staying at or visiting the short term lodging unit; and c. Provide the City with the vehicle license plate number(s) for every vehicle which was used by the transient user or the transient user's guest while staying at or visiting the short term Lodging, within seven days after the City serves the owner with a notice of request for the vehicle license plate number(s) in accordance with Section 1.08.080. 23. The owner shall ensure that any transient user or transient user's guest complies with all State and local laws that regulate parkingwhile the transient user or transient user's guest is staying at or visiting the short term lodging unit. For purposes of this condition, a transient user or transient user's guest shall be presumed to be staying at or visiting a short term Lodging unit if a parking citation is issued to the transient user or the transient user's guest within one hundred (100) feet of the property line of the short term lodging unit during the time the transient user is renting the short term lodging unit. 24. If a City law enforcement officer, fire official, code enforcement officer, or other authorized City official makes a good -faith determination that a violation of any law, ordinance, regulation or permit condition is occurring at a unit and provides verbal notice of the violation to any person occupying the site and to the owner's local contact, the following persons shall appear in person at the unit within two (2) hours of such notice being provided: the owner of the property or the owner's agent; and a transient user who is 25 years or older and whose name appears on the rental agreement for the unit. 5.95.065 Suspensions and Revocations. In addition to any fine or penalty that may be imposed pursuant to any provision of this Code Wig; a short term lodging permit for a unit may, or where required shall, be suspended or revoked as provided in this section. A. Suspensions/Revocations. 1. Except as otherwise provided an this , ' If any person violates any short term lodging permit condition two or more times in any twelve (12) month period or any other provision of this Code, state law or federal law, two or more times in any twelve (12) month period, and the violation relates in any way to the unit that has a short term lodging permit, the short term lodging permit for the unit may be suspended for a period of six months in accordance with subsection (B) of this section. 2. In the case of a short term lodging permit for a unit that is located in a safety enhancement zone, if there is a violation of any provision of this Code during the period that the safety enhancement zone is in effect, the short term lodging permit for the unit may be suspended for a period of one year or revoked in accordance with subsection (B) of this section. 3. If a lodging unit that is subject to a short term lodging permit has been the location of two or more loud or unruly gatherings, as defined in Chapter 10.66, while the lodging unit was occupied on a shortterm basis, within anytwenty-four (24) month period, the permit may be suspended for a period of one year or revoked in accordance with subsection (B) of this section. A loud or unruly gathering that occurred prior to the passage of fourteen (14) days from the mailing of notice to the owner in compliance with Section 10.66.030(D) shall not be included within the calculation of the two or more loud or unruly gatherings required to revoke a short term lodging permit. 4. If a person violates Section 5.95.020 regarding any unit that has had a short term lodging permit suspended pursuant to subsection (B) of this section, the short term lodging permit for the unit may be revoked in accordance with subsection (B) of this section. 5. —If any person violates any short term lodging permit condition or any other provision of this Code, state or federal law within six (6) months of having a previously suspended short term lodging permit reinstated for a unit, and the violation relates in any way to the unit that has the short term lodging permit, the short term lodging permit for the unit may be revoked in accordance with subsection (B) of this section. 6. If any person violates any short term lodging permit condition three or more times in any twelve (12) month period or provision of this Code, state or federal law three or more times in any twelve (12) month period, and the violation relates in any way to the unit that has a short term lodging permit, the short term lodging permit for the unit may be revoked in accordance with subsection (B) of this section. 7. If any person fails to collect and remit transient occupancy tax or the visitor service fee in accordance with the requirements of this chapter, Chapter 3.16 or 3.28 in regards to any unit that has a short term lodging permit, two or more times within any thirty-six (36) month period, the short term lodging permit for the unit may be revoked in accordance with subsection (B) of this section. 8. If any person is determined to have provided false information on an application for an annual short term lodging permit, or renewal thereof, the short term lodging permit for the unit may be revoked in accordance with subsection (B) of this section. 9. If the preponderance of the evidence shows that any person has violated any of the rules, regulations or laws setforth in subsection (A)(9)(a) during a high -risk period, as defined in subsection (A)(9)(b) of this section, and the violation relates in anywayto the unit that has a short term Lodging permit, the short term lodging permit for the unit shall be revoked in accordance with subsection (B—. of this section. a. For purposes of this subsection, the applicable rules, regulations and laws are as follows: Chapters 6.40 (Prohibition of Sale Distribution and Use of Nitrous Oxide), 10.24 (Discharge of Weapons -Permission Required), 10.28 (Loud and Unreasonable Noise), 10.58 (Police Services at Large Parties, Gatherings or Events on Private Property), or 10.66 (Loud and Unruly Gatherings) of this Code; Sections 5.95.045 (A) (2), (4). (5), (6), (10). (12). (17), (18), (21), or (24) (Conditions), 5.95.047 (A) (1). (4), (5), or (6) (Violations of Permit Conditions by Transient User, Occupant or Guest), 9.04.420 (Amendments to Section 5601.1.3 Fireworks), or 10.12.020 (Interference) of this Code: California Business and Professions Code Section 25658; California Penal Code Sections 69, 148(a), 148.9, 243 (b) (c). 272, 415, 416, 29610, 22210, or 21510; Health and Safety Code Sections 12677, or 11357; and any law punishable as a felony. b. For purposes of this subsection, a "high -risk period" shall include the following: (1) from 12:01 a.m. on the last Friday in May until 11:59 p.m. on the last Monday in May; (2) from 12:01 a.m. on Friday until 11:59 p.m. on Monday when the Fourth of July falls on a Friday, Saturday, Sunday or Monday; (3) from 12:01 a.m. on July 4th to 3:00 a.m. on July 5th when the Fourth of July falls on a Tuesday, Wednesday or Thursday; (4) from 12:01 a.m. on the Saturday before the first Monday in September until 11:59 p.m. on the first Monday in September; (5) from 12:01 a.m. on the date designated by resolution of the City Council as first day of any Spring Break until the 11:59 p.m. on the last day of any designated Spring Break; and (6) at other times when designated by ordinance or resolution upon a finding that unique conditions during a specific period of time create a significant threat to the public health, safety and welfare. Where a violation or set of violations qualifies for suspension or revocation under more than one subsection, the subsection that imposes the most severe penalty, including mandatory revocation, shall control. B. Permits shall be suspended or revoked only in the manner provided in this section. 1. The Rr�Administrative Services 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, or 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 feeAdministrative Services 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 Administrative Services 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) days from the date the notice is given, unless the owner files with the FinanceAdministrative Services 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. Subject to subsection (E) of this section, failure to file a timely request for hearing and pay all applicable fees shall result in the suspension or revocation of the permit. 2. If the owner requests a hearing and pays the hearing fee, established by resolution of the City Council, within the time specified in subsection (B)(1) of this section, the FurianeoAdministrative Services Director shall serve written notice on the owner, pursuant to Section 1.08.080, setting forth the date, time and place for the hearing. The hearing shall be scheduled not less than fifteen (15) days, nor more than sixty (60) days, from the date on which notice of the hearing is served by the financeAdministrative Services Director. The hearing shall be conducted according to the rules normally applicable to administrative hearings. At the hearing, the hearing officer will preside over the hearing, take evidence and then submit proposed findings and recommendations to the City Manager. The City Manager shall suspend or revoke the short term lodging permit only upon a findingthat a violation has been proven by a preponderance of the evidence, and that the suspension or revocation is consistent with the provisions of this section. The City Manager shall render a decision within thirty (30) days of the hearing, and the decision shall be final as to the City but subject to judicial review pursuant to California Code of Civil Procedure Section 1094.5. C. If a short term lodging permit is suspended, it shall be the owner's responsibility to vacate anyfuture bookings and remove all advertisements related to the short term rental of the unit during the term of the suspension. If a short term lodging permit is revoked, it shall be the owner's responsibility to vacate any future bookings and remove all advertisements related to the short term rental of the unit. D. After any suspension, the owner may reapply for reinstatement of the short term lodging permit which shall be processed in accordance with Section 5.95.030, provided the owner has paid the City all amounts owed the City in accordance with this chapter and Chapters 3.16 and 3.28. E. The rfieeAdministrative Services Director may extend the deadlines set forth in this section if the FinariceAdministrative Services Director determines that good cause has been shown to extend the deadline. 11.08.020 Use of Shade Coverings. A. Unless authorized or permitted to do so by formal action of the City Council, or a special event permit, no person shall instalL erect7-or maintain or oectipy aan sha covering, which shall include, but not be limited to, umbrellas, canopies, te objects, or group of shade coverings, which consists of two or more shade coverings, on a ocean beach, bay beach-c-r-, public park ad - jacent to an ocean or bay beach, or tidela uniess the following - - -- - - --- - ----- - -- --- -- - - - - - - --- -- - -- -- KTAWMM- I= III---MAE NEI-- --- -- -- - - IF Era Era E III -- - - - - - -- - --- -- - - -- 1- - - -- -IF IF V IF - - -- - --- -- - -- - - - ---------------- -- - -- --- --- - - - - - -- ---- - -- --- - -- ----- -- - --- - - - -- - -- ----- -- - -- - - - - - ----- -- - --- --- -- -- - ---- - - - --Emig- ----- - --- -- -- - - -- - - - -- - - --------- ----- - - - -- - -- - --- • - - . .. - - - -IF - -- -- - -- ---111 -1 j,- - -- ---- --- --- -- ---- -- --- - ----- -- - -- - - - - - - --- -- - --- -- - -- -- - -- - ----- - � - ----- -- - - - - - - G&VII tIMAM- Law enforcement officer. F The shade covering oi- group of shade coverings shaR not obstruct any e pubLie 1. ls connected, attached, or tied in any manner to another shade covering. 2. Is positioned so that both the base and the outer edge of the canopy, fabric, or covering are located less than five (5) feet from the base or outer edge of any other shade covering. The required separation shall be measured horizontally from the closest point of the canopy, fabric or covering and from the closest point of the base,pole, frame, or anchoring point. 3. Is grouped, arranged or positioned to allow multiple shade coverings to function as a single structure or to expand the usable shaded area, regardless of whether the individual shade covering meets the spacing requirements set forth in this section. 4. Is not sufficiently anchored to prevent displacement by wind or tides. No ropes, cords, guy lines, stakes, or similar devices may extend beyond the perimeter of the shade covering, and improvised anchors including, but not limited to, concrete blocks, buckets, coolers, orwater-filled containers, are prohibited. 5. Exceeds six U feet in height or six (6) feet in width at its widest point. 6. Is closed to public view on more than one side or obstructs line -of -sight access or befrom the surrounding beach or shoreline. 7. Is located within fifty (50) feet of any lifeguard tower, emergency access point�or public access.. point. Proximity shall be measured horizontally from the nearest point of the shade covering to the base/edge of any lifeguard tower, emergency access point, or public access point. G. 8. Interferes with a lifeguard's ability to observe the water or adjacent lifeguard towers. 9. Prohibits reasonable ingress and egress on any ocean beach, bay beach, public park adjacent to an ocean or bay beach, or tideland. Such areas shall be clearly marked by City personnel or City contractors through signage, cones, flags, painted markings, or other visible means indicating that the area is reserved for ingress and egress. 10. Is placed in proximity to a fire ring so as to create a fire hazard. The reasonableness of proximity shall be determined by existing conditions. Under no condition shall a shade covering be within ten (10) feet of any exposed fire. B. Shade coverings shall only be erected, maintained, or occupied on any ocean beach, bay beach, public park adjacent to an ocean or bay beach, or tideland during daytime hours (6:00 a.m. to 7:00 p.m.). (Ord. 2009- ,1 and only when a responsible person is present in the immediate vicinity. C. A shade covering shall be immediately removed durin hazardous weather conditions, high wind advisories, emergency operations, orwhen otherwise directed by a fire official, lifeguard, law enforcement officer, or other authorized City personnel for public safety reasons. D. Any shade covering that violates subsections A U through A (10) or C of this section, shall be immediately relocated at the request of a fire official, lifeguard, law enforcement officer, or other authorized City personnel. Failure to immediately comply with a request to relocate shall constitute a violation of this section. E. For purposes of this section the term "shade covering" shall include any umbrella canopy, or other shade structure.