HomeMy WebLinkAbout03 - Short Term Lodging PermitsCITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 3
April 20, 2004
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TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: City Attorney's Office; Robert Burnham, City Attorney; 644 -3131 -
rburnham@city.newport-beach.ca.us
SUBJECT: Introduction of an Ordinance prohibiting issuance of new Short Term
Lodging Permits in Single Family Zones subsequent to June 1, 2004.
ISSUE
Should the City Council introduce, and pass to second reading, an ordinance that would prohibit
issuance of new Short Term Lodging Permits in Single Family Zones subsequent to June 1,
2004.
RECOMMENDATION
Introduce the proposed Ordinance (Exhibit A) as submitted or as amended by the City Council.
DISCUSSION
The City Council first adopted the Short Term Lodging Permit Ordinance (Ordinance) in 1992
The Ordinance was adopted in an effort to regulate the long- standing practice of many property
owners to rent dwelling units on a weekly basis in the summer and a monthly basis in the fall,
winter and spring. The vast majority of permits have been issued for dwelling units in the R1.5,
R -2 and MFR zones — residential areas with relatively high densities. Staff is concerned that the
issuance of permits for dwelling units in R -! zones — areas with relatively low densities and
typically fewer short term or long term rentals — could change the character of those
neighborhoods. To address this concern, staff is proposing an amendment to Chapter 5.95 that
would prohibit the issuance of new permits subsequent to June 1, 2004 for dwelling units in
areas zoned "R -1" or the equivalent. The amendment would not impact existing permits.
Environmental Review: None required.
by:
Burnham, City Attorney
Exhibit A: Ordinance Amendment
E
ORDINANCE NO. 2004 =
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AMENDING SECTION 5.95.020, OF
TITLE 5 OF THE NEWPORT BEACH MUNICIPAL CODE,
PERTAINING SHORT TERM LODGING PERMIT
The City Council of the City of Newport Beach does hereby ordain that certain Newport
Beach Municipal Code section is amended to read, in full, as follows:
SECTION 1: Section 5.95.020 of Chapter 5.95 is amended to read as follows:
Section 5.95.020 Permit Required.
No owner of a lodging unit located within a residential district shall rent that unit for a
short term without a valid short term lodging permit (permit) for that unit issued pursuant
to this chapter. Subsequent to June 1, 2004, no permit shall be issued to any dwelling
Plan or Planned Residential District unless a permit has previously been issued for that
dwelling unit and has not been featly- revoked.
SECTION 2: 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 and phrases be declared unconstitutional.
SECTION 3: The Mayor shall sign and the City Clerk shall attest to the passage of this
ordinance. The City Clerk shall cause the same to be published once in the official
newspaper of the City, and it shall be effective thirty (30) days after its adoption.
SECTION 4: This ordinance was introduced at a regular meeting of the City Council of the
City of Newport Beach, held on the _ day of 2004, and adopted on the
day of 2004, by the following vote, to wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
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0 ABSENT COUNCILMEMBERS
0
L
WIC
Tod Ridgeway
ATTEST:
LaVonne Harkless, City Clerk
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