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HomeMy WebLinkAbout2020-98 - Initiating Amendments to Title 20 (Planning and Zoning) of the City of Newport Beach Municipal Code Related to Eating and Drinking Establishments and Health/Fitness Facilities in the MU-DW (Mixed-Use Dover/Westcliff) Zoning District (PA2020-316)RESOLUTION NO. 2020-98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, INITIATING AMENDMENTS TO TITLE 20 (PLANNING AND ZONING) OF THE CITY OF NEWPORT BEACH MUNICIPAL CODE RELATED TO EATING AND DRINKING ESTABLISHMENTS AND HEALTH/FITNESS FACILITIES IN THE MU -DW (MIXED-USE DOVER/WESTCLIFF) ZONING DISTRICT (PA2020-316) WHEREAS, Section 20.66.020 (Initiation of Amendment) of the Newport Beach Municipal Code ("NBMC") provides that the City Council of the City of Newport Beach ("City Council") may initiate an amendment to the Zoning Code with or without a recommendation from the Planning Commission; WHEREAS, the MU -DW (Mixed -Use Dover/Westcliff) zoning district does not allow for eating and drinking establishments or larger health/fitness facilities despite being located immediately adjacent to general commercial uses along Westcliff Drive that include these uses; WHEREAS, property owners of MU -DW (Mixed -Use Dover/Westcliff) zoned properties have raised concerns about the challenges of leasing existing office space and propose expanding the uses to include restaurants or fitness type uses; and WHEREAS, the City Council desires to amend Title 20 (Planning and Zoning) of the NBMC related to Eating and Drinking Establishments, and Health/Fitness Facilities in the MU -DW (Mixed -Use Dover/Westcliff) zoning district. NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby initiates amendments to Title 20 (Planning and Zoning) of the NBMC related to Eating and Drinking Establishments and Health/Fitness Facilities in the MU -DW (Mixed -Use Dover/Westcliff) zoning district. Section 2: 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 more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Resolution No. 2020-98 Page 2 of 2 Section 3: The recitals provided in this resolution are true and correct and are incorporated into the substantive portion of this resolution. Section 4: The City Council finds the adoption of this resolution is exempt from environmental review under the California Environmental Quality Act ("CEQA"), pursuant to Section 15262 of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it involves feasibility or planning studies for possible future actions which the agency, board, or commission has not approved or adopted. Section 5: 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 24th day of November, 2020. Will O'Neill Mayor ATTEST: Leilani I. Brown — r _K71to City Clerk v �" �P �gLIF0 APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE C.4, C. Gtr-` Aaron C. Harp City Attorney STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; the foregoing resolution, being Resolution No. 2020-98 was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 241h day of November, 2020; and the same was so passed and adopted by the following vote, to wit: AYES: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner, Council Member Diane Dixon, Council Member Jeff Herdman, Council Member Kevin Muldoon NAYS: None ABSENT: Council Member Duffy Duffield IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 25th day of November, 2020. 11l, W1 144iP Leilani I. Brown City Clerk Newport Beach, California New