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Home My WebLink About03 - Short Term Lodging PermitsCOUNCIL AGENDA CITY OF NEWPORT BEACH N0. 3 • CITY COUNCIL STAFF REPORT 5 -ay Agenda Item No. 3 April 20, 2004 �- 7 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 I.ong- 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 -1 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. Proged by: bert burnham, City Attorney Exhibit A: Ordinance Amendment is 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 unit on any parcel zoned for "Single - family Residential (R -1)" or is designated for single- family residential use as part of a Planned Community Development Plan, Specific Area Plan or Planned Residential District unless a permit has previously been issued for that dwelling unit and has not been was 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 Page 1 of 2 • 0 9 ABSENT COUNCILMEMBERS tyil:1'[ Tod Ridgeway ATTEST: LaVonne Harkless, City Clerk F:\users\cat\shared\da\OrdinanceAm endS ection5.95.020.doc Page 2 of 2 ORDINANCE NO. 2004 -6 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 TO 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. No permit shall be issued subsequent to June 1, 2004 to any dwelling unit on any parcel zoned for "Single- family Residential (R -1)" or is designated for single - family residential use as part of a Planned Community Development Plan, Specific Area Plan or Planned Residential District unless a permit has previously been issued for that dwelling unit and was not subsequently 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 27th day of April, 2004, and adopted on the 11th day of May 2004, by the following vote, to wit: ATTEST: CITY CLERK AYES, COUNCILMEMBERS Heffernan, Rosansky, Adams, Bromberg, Mayor Ridgeway NOES, COUNCILMEMBERS Nichols ABSENT, COUNCILMEMBERS Webb MAYOR LJ STATE OF CALIFORNIA COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH ? I, LAVONNE M. HARKLESS, 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. 2004 -6 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 11th day of May 2004, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, Rosansky, Adams, Bromberg, Mayor Ridgeway Noes: Nichols Absent: Webb Abstain: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 12th day of May 2004. (Seal) City Clerk City of Newport Beach. California 3RTIFICATE OF PUBLICATION STATE OF CALIFORNIA COUNTY } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach. California, do hereby certifv that Ordinance No. 2004 -6 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 Daffy Pilot, a daily newspaper of general circulation on the following date, to wit: May lo, 2004. 2004. In witness whereof, 1 have hereunto subscribed my name this day of City Clerk City of Newport Beach, California