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• <br />• <br />• <br />ORDINANCE NO. 85 -30 <br />AN ORDINANCE OF THE CITY OF NEWPORT BEACH <br />AMENDING CHAPTER 15.40 OF THE NEWPORT BEACH MUNICIPAL CODE <br />TO ADD WORDING IN SECTIONS 15.40.036 AND 15.40.050. <br />The City Council of the City of Newport Beach does ordain as follows: <br />SECTION 1. Chapter 15.40 of the Newport Beach Municipal Code is <br />amended to read: <br />Sections: <br />15.40.010 <br />15.40.020 <br />15.40.030 <br />15.40.040 <br />15.40.050 <br />15.40.060 <br />15.40.070 <br />15.40.080 <br />Chapter 15.40 <br />TRAFFIC PHASING ORDINANCE <br />Finding. <br />Purpose. <br />Traffic Impact Limitation. <br />Definitions. <br />Procedure <br />Fees. <br />Appeal <br />Severability <br />15.40.010 Finding. The City Council of the City of Newport <br />Beach finds that congestion of streets and intersections, traffic <br />accidents, interference with emergency vehicles, and general over- <br />crowding of existing neighborhoods have resulted, or will soon result, <br />from inadequate phasing of commercial, industrial and residential <br />growth, in relation to traffic capacity, which is harmful to the <br />public health, safety and general welfare, (Ord. 1787 S 1 (part), <br />1979: Ord. 1765 S 1 (part), 1978). <br />15.40.020 Purpose. The City Council of the City of Newport <br />Beach declares that aggravation of these conditions can be avoided, <br />eliminated or alleviated by enacting the following, designed to permit <br />major development only in those areas of the City of Newport Beach <br />where adequate transportation facilities exist, are being implemented, <br />or will be installed in conjunction with the development which will <br />accommodate the traffic generated by such development, or where other <br />trip generation reductions are adopted which will alleviate traffic <br />impacts. (Ord. 1787 S 1 (part), 1979: Ord. 1765 5 1 (part), 1978). <br />15.40.030 Traffic Impact Limitation. (A) Limitation. No build- <br />ing or grading permit shall be issued, and no construction shall be <br />commenced, for any project not exempt from this Chapter until the <br />Planning Commission of the City of Newport Beach shall make a written <br />finding that the proposed project: <br />i <br />(i) is anticipated to commence construction within sixty (60) <br />months of project approval; and <br />(a) will neither cause nor make worse an unsatisfactory level of <br />traffic service on any "major," "primary- modified" or "primary" <br />street; or <br />will include major <br />benefit to the circulation system; or <br />to the majority of the <br />h will result in a net <br />