Attack on Property Rights?

The City of Newport Beach has recently had it's issues with Sober Living Group Homes. And there has been lots and lots of ugly accusations thrown around. Whether it's conflicts of interest to over concentration of homes on a street to a moratorium, this issue has been discussed and discussed (put in Sober Living in the search menu in the top left of the screen to see all the stuff I've written), even to a point a City Committee was formed and Community forums were held. So, this issue may actually get in front of the City Council, but not before more conflict will arise.

Before I start, let me emphasize that the City definitely needs to do something REAL to stop the proliferation of Sober Living Homes in residential areas. With that said...

With the proposed Newport Beach City Ordinance discussion, for some reason (due my ignorance) I cannot figure out why Short Term Rentals have been thrown in the mix. In today's Bible is this article about how the proposed ordinance will probably upset more than they had intended to upset. From the Daily Pilot, "The rule changes, which the City Council has not yet approved, would end the practice of vacation rentals in single-family districts." The article quotes Burr White Realty's owner Craig Batley (who is a member of the City's Economic Development Committee) saying, "unlike many group homes, his clients’ rentals already are regulated, they pay hotel bed taxes, and they account for 1% or less of the noise complaints in the city — “They’re not a nuisance,” A look at Burr-White's website shows 191 short term vacation rentals that they handle. How many of them are in R-1 areas, I do not know, but to say that this proposed ordinance would hurt Craig Bately and Burr-White Realty's business is a given.

So in addition to the fact that this part of the proposed City ordinance would HURT BUSINESS, wouldn't it be an attack on PERSONAL PROPERTY RIGHTS?

The City Ordinance would make it so I could not do with my PERSONAL PROPERTY as I choose (within reason), meaning that I could not rent out my house for the summer, or winter.

Are these Short-Term rental people a problem? Well, I know many people who rent, on a weekly basis, vacation homes in Newport Beach in the summer. At least one Congressman and a former Orange County City Councilman, to start. And while some Congressman can be problematic...I don't think this one is. Isn't that how Newport Beach was? People who lived in Los Angeles came to Newport Beach in the summer? They didn't buy the first year they came right, I think they rented? Shoot, we even have a current City Councilmember who, up until a few years ago, summered here (in a home he owns), and lived up in LA the rest of the time. Short Term Rentals is part of Newport Beach. So much so that the City recognized it as a REGULATED AND TAXABLE BUSINESS (while the Sober Livings Homes are not regulated). I never heard complaints about the people who spent $8000 for the week they were next door. Now...when these Summer rentals become Winter rentals and the college kids rent them...well...that's another subject (and Newport Beach pastime).

But I'm not surprised with the City's desire to limit PERSONAL PROPERTY RIGHTS. Just last year, they tried to limit it. The recently voted upon General Plan originally had part of the Peninsula and West Newport getting down zoned from R-2 to R-1, with a current City Councilman going along with that plan saying that some change is good, nevermind all the money those homeowners would lose. When those residents caught wind of it, they turned out in mass to the City Council chambers to voice their displeasure. If it wasn't an election year (and 6 seats weren't up) I don't think the City Council would have cared.

But what about this ordinance? Well, my guess is that most of the homeowners affected don't live in Newport and since this is not an election year, not a peep will be heard. And since it's tied to limiting Sober Living Homes, no one on the dais will dare make a peep about it, if they want to get re-elected in 2008.

So the City will help put a few business out of business, or at least seriously hurt business.

So the City will tell homeowners in R-1 areas what they can and cannot do with their own homes, even if what they want to do with it is ALREADY REGULATED AND TAXED.

And so the City will purposely take out a small percentage of income from their coffers (Hotel Bed Tax, albeit, not a big part of the pie...too lazy to check).

To pull out this quote...again, as President Ronald Reagan once said, " The nine most terrifying words in the English language are: 'I'm from the government and I'm here to help."