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HomeMy WebLinkAbout05 - Discretionary Approvals for Unlawful UsesCODN� AGENDA ISO._ _-- �; CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 3 February 27, 2007 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Robin Clauson, City Attorney ext. 3131, rclauson @city.newport- beach.ca.us SUBJECT: TO AMEND CHAPTER 1.01 OF THE NEWPORT BEACH MUNICIPAL CODE TO ADD SECTION 1.01.090 PROHIBITING THE ISSUANCE OF BUSINESS LICENSES, PERMITS AND THE GRANTING OF DISCRETIONARY APPROVALS FOR UNLAWFUL USES ISSUE: Should the Municipal Code be amended to include provisions to prohibit the issuance of business licenses, permits and the granting of discretionary approvals for unlawful uses? RECOMMENDATION: It is recommended that the City Council pass the Ordinance at a second reading. It is requested the City Council adopt the first reading of the attached ordinance clarifying that business licenses, permits should not be issued and discretionary approvals should not be granted .for activities and uses that are illegal or unlawful under applicable local, state or federal laws. Environmental Review: This is not a project under CEQA. Public Notice: Public notice was provided in accordance with all applicable laws. Prepared By: oti-ti C 6n.._� Aaron C. Harp, Assistant City Attorney r Attachments: Ordinance Submitted by: c.+ r `_ �- FOP, Robin Clauson, City Attorney ORDINANCE NO. 2007- AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH ADDING SECTION 1.01.090 TO CHAPTER 1.01 OF TITLE 1 OF THE NEWPORT BEACH MUNICIPAL CODE PERTAINING TO ADOPTION OF CODE - UNLAWFUL USES NOW THEREFORE, the City Council of the City of Newport Beach, Califomia, HEREBY ORDAINS as follows: SECTION 1: Section 1.01.090, Chapter 1.01, of Title 1 of the Newport Beach Municipal Code is hereby added to read as follows: Section 1.01.090 Unlawful Business. In no event shall any license, permit, or approval, including but not limited to, amendments, development plans, modification permits, site plan review, use permits, variances, coastal permits, or other entitlement, be granted for a use or activity that is illegal or unlawful under federal, state or City laws or regulations. The issuance or granting of any license, permit or approval under this Code shall not be deemed or construed to be a permit to conduct or to continue an illegal or unlawful business, or to conduct or continue a lawful business in an unlawful manner, or at a place prohibited by law or the ordinances of this City. 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 Ct Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effectiv.,, 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 . 2007, and adopted on the _ day of 2007, by the following vote, to wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS MAYOR ATTEST: LaVonne Harkless, City perk