HomeMy WebLinkAbout2016-51 - Temporarily Waiving Application Fees for Special Events Involving Commercial Businesses on Balboa Peninsula, Mariners’ Mile and West NewportRESOLUTION NO. 2016-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, TEMPORARILY WAIVING
APPLICATION FEES FOR SPECIAL EVENTS INVOLVING
COMMERCIAL BUSINESSES ON BALBOA PENINSULA,
MARINERS' MILE AND WEST NEWPORT
WHEREAS, commercial businesses on Balboa Peninsula, Mariners' Mile and West
Newport have recently endured the impacts of necessary public utility and construction
improvement projects;
WHEREAS, the City Council recognizes that the community as a whole benefits
from vibrant commercial corridors and districts;
WHEREAS, the City Council desires to provide an incentive for special events to
promote commercial businesses in these areas by temporarily waiving application fees for
special event permits;
WHEREAS, Chapter 11.03 of the Newport Beach Municipal Code requires a special
event permit approved by the Recreation and Senior Services Director for events, such as
concerts, sporting events, festivals and fairs, vehicle and boat shows, firework displays and
other outdoor events; and
WHEREAS, Chapter 3.36 of the Newport Beach Municipal Code and the City of
Newport Beach's ("City") fee schedule establish the fees for special event permit
applications.
NOW THEREFORE, the City Council of the City of Newport Beach hereby resolves
as follows:
Section 1: The City Council waives special event application fees for special
events that promote commercial businesses located on Balboa Peninsula, Mariners' Mile
and West Coast Highway, as those three geographical areas are depicted on Exhibit 1,
which is attached hereto and incorporated herein by reference. The special event
application fee waiver applies to special events held, or scheduled to be held, between the
effective date of this resolution to and including December 31, 2016. Special event
applications may be submitted under this wavier commencing on the effective date of this
resolution and through and including September 13, 2016, at which time this waiver shall
automatically sunset without further action by the City Council. Any special event permit
applications submitted to the City prior to the effective date of this resolution, or after its
sunset on September 13, 2016, are expressly excluded.
Resolution No. 2016-51
Page 2 of 2
Section 2: Except as expressly set forth herein, nothing contained in this resolution
shall be deemed to waive any fees otherwise required by any other provision of law
(including but not limited to fees for City zoning entitlements, environmental clearance,
and/or fees collected by the City on behalf of any other public agency or entity), nor
otherwise waive compliance with any other applicable provisions of the Newport Beach
Municipal Code, City Charter, or any other City ordinance, policy or regulation.
Section 3: 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.
Section 4: The City Council finds the adoption of this resolution and the waiver of
special event application fees is not subject to the California Environmental Quality Act
("CEQA') pursuant to Sections 15060(c)(2) (the activity will not result in a direct or
reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the
activity is not a project as defined in Section 15378) of the CEQA Guidelines, California
Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly.
Section 5: This resolution shall take effect immediately upon its adoption by the
City Council, and the City Clerk shall certify the vote adopting the resolution.
ADOPTED this 12th day of April, 2016.
ATTEST:
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Leilani I. Brown
City Clerk
Diane B. Dixon
Mayor
Exhibit 1: Maps Depicting the Geographic Areas of the Balboa Peninsula, Mariners' Mile
and West Coast Highway
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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; that the foregoing resolution, being Resolution
No. 2016-51 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 121" day of April, 2016, and that the same
was so passed and adopted by the following vote, to wit:
AYES: Council Member Peotter, Council Member Selich, Council Member Curry,
Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon
NAYS: None
RECUSED: Council Member Duffield
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 13th day of April, 2016.
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Leilani I. Brown, MMC
City Clerk
Newport Beach, California
(Seal)