September 8, 2026
Agenda Item No. 4
TO:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM:
Aaron Harp, City Attorney - 949-644-3131, [email protected] PREPARED BY:
Yolanda M. Summerhill, Assistant City Attorney - 949-644-3131, [email protected]
TITLE:
Ordinance No. 2026-14: Amending Chapter 5.95 (Short Term Lodging Permit) of the Municipal Code ABSTRACT:
For the City Council’s consideration is the second reading and adoption of Ordinance No. 2026-14, amending Chapter 5.95 of the Newport Beach Municipal Code (NBMC) related to short term lodging permits. If adopted, this ordinance would limit the number of times a short term lodging permit can be reinstated RECOMMENDATION:
Find this project categorically 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 the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment; and b) Waive full reading of an Ordinance, read by title only, conduct Second reading and adopt Ordinance No. 2026-14, An Ordinance of the City Council of the City of Newport Beach, California, Amending Chapter 5.95 (Short Term Lodging Permit) of the Newport Beach Municipal Code.
Discussion:
On August 25, 2026, the City Council introduced Ordinance No. 2026-14 to amend certain portions of Chapter 5.95 of the NBMC, limiting the number of times a short term lodging permit can be reinstated and reflecting the administrative services director’s proper title, which were inadvertently omitted during an intervening code amendment.
On December 12, 2023, the City Council adopted Ordinance No. 2023-23 and Resolution No. 2023-83 to amend Chapter 5.95 (Short Term Loding Permit), Title 20 (Planning and Zoning) and Title 21 (Local Coastal Program Implementation Plan) of the NBMC related to short term lodging. The code amendments were required to establish regulations permitting short term lodging within the Mixed Use Water (MU-W2) and Mixed-Use Cannery Village and 15th Street) (MU-CV/15th Street) zoning districts; change the maximum cap of short term lodging permits; correct inconsistencies in definitions; and revise language related to violations, suspensions, revocations and permit closures.
Since amendments to Title 21 require approval by the California Coastal Commission (Commission), Ordinance No. 2023-23, amending Chapter 5.95 (Short Term Lodging Permit) and Title 20 (Planning and Zoning) of the NBMC, did not take effect until the California Coastal Commission approved the Local Coastal Program (LCP) Amendment.
The Commission denied the LCP Amendment as submitted at its May 7, 2025, hearing and approved it with suggested modifications (LCP-5-NPB-24-0004-1 Part A). As a result, the City of Newport Beach (City) was required to make revisions to Chapter 5.95 (Short Term Lodging Permit) and Title 20 (Planning and Zoning) for consistency.
The City Council adopted Ordinance Nos. 2025-15 and 2025-16 on August 26, 2025, to effectuate the Commission’s suggested modifications and the Commission’s executive director certified the LCP Amendment with the modifications on October 9, 2025. During the LCP Amendment process, an intervening amendment to Chapter 5.95 that limited the number of times a short term lodging permit could be reinstated was not captured. Additionally, references to the City’s finance director should be modified to reflect the administrative services director. Therefore, this code amendment simply incorporates language already approved by the City Council.
FISCAL IMPACT:
There is no fiscal impact related to this item.
ENVIRONMENTAL REVIEW:
The project is categorically exempt from environmental review under 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 the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment. The code amendment would simply limit the number of times that a permit may be reinstated, therefore, will not result in a direct or indirect physical change to the environment.
NOTICING:
Notice of this amendment was published in accordance with California Government Code Section 54950 et seq. (Ralph M. Brown Act).
ATTACHMENTS:
Attachment A – Ordinance No. 2026-14
Attachment B – Redlines to Chapter 5.95
Ordinance No. 2026-14: Amending Chapter 5.95 (Short Term Lodging Permit) of the Municipal Code September 8, 2026
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