HomeMy WebLinkAbout2015-28 - Extending Section 12.32.022 of the Newport Beach Municipal Code Prohibiting Commercial Vehicles Over Eight Thousand (8,000) Pounds on Ridge Park Road between Newport Coast Drive and Vista Ridge RoadORDINANCE NO. 2015-28
AN ORDINANCE OF
THE CITY
COUNCIL OF THE CITY OF
NEWPORT BEACH,
CALIFORNIA, EXTENDING SECTION
12.32.022 OF THE
NEWPORT
BEACH MUNICIPAL
CODE
PROHIBITING COMMERCIAL
VEHICLES OVER
EIGHT
THOUSAND (8,000)
POUNDS
ON RIDGE PARK
ROAD
BETWEEN NEWPORT COAST
DRIVE AND VISTA
RIDGE
ROAD
WHEREAS, Ordinance No. 2005-15 was adopted on August 9, 2005 adding Section
12.32.022 to the Newport Beach Municipal Code; and
WHEREAS, as adopted by the City Council, Municipal Code Section 12.32.022
prohibited commercial vehicles over eight thousand (8,000) pounds on Ridge Park Road
between Newport Coast Drive and Vista Ridge Road; and
WHEREAS, Municipal Code Section 12.32.022 provided that "This section shall
remain in effect until September 1, 2008 and is repealed as of that date unless a later
enacted ordinance deletes or extends that date"; and
WHEREAS, Newport Coast residents have now requested that the eight thousand
(8,000) pound vehicle weight restriction be extended; and
WHEREAS, The City Council now desires to extend the prohibition on commercial
vehicles over eight thousand (8,000) pounds on Ridge Park Road between Newport Coast
Drive and Vista Ridge Road;
NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows:
Section 1: Section 12.32.022 of Newport Beach Municipal Code is hereby amended
to read:
A. When signs are erected giving notice thereof, no person shall operate any
commercial vehicle exceeding eight thousand (8,000) pounds gross weight at any time upon
any of the streets or parts of streets described in subsection (B) of this section. The City
Traffic Engineer shall erect and maintain appropriate signs on those streets affected by this
section.
B. The following streets are the streets designated by the City Council upon which
commercial vehicles exceeding eight thousand (8,000) pounds weight may not be operated:
1. Ridge Park Road, from Newport Coast Drive to Vista Ridge Road.
Section 2: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 3: 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,
Ordinance No. 2015-28
Page 2 of 2
clause or phrase hereof, irrespective of the fact that any one or more sections, subsections,
sentences, clauses and phrases be declared invalid or unconstitutional.
Section 4: The City Council finds the approval of this ordinance is not subject to the
California Environmental Quality Act ("CEQA") pursuant to Section 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 to have a significant effect on the environment.
Section 5: Except as expressly modified in this ordinance, all other Sections,
Subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code
shall remain unchanged and shall be in full force and effect.
Section 6: The Mayor shall sign and the City Clerk shall attest to the passage of this
ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published
once in the official newspaper of the City, and it shall be effective thirty (30) days after its
adoption.
This Ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach held on the 22nd day of September, 2015, and adopted on the 13th day of
October, 2015, by the following vote, to -wit:
Mayor Selich, Dixon,
AYES, COUNCILMEMBERS Peotter. PetroRF Curry, Duffield, Mnldnnn
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
ATTEST:
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M-MIMETMEWURTME70
APPROVED AS TO FORM:
CITYVY'S OFFICE
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; that the foregoing ordinance, being Ordinance
No. 2015-28 was duly and regularly introduced on the 22nd day of September, 2015, and adopted by the
City Council of said City at a regular meeting of said Council, duly and regularly held on the 13th day of
October, 2015, and that the same was so passed and adopted by the following vote, to wit:
AYES: Council Member Peotter, Council Member Petros, Council Member Curry,
Council Member Duffield, Council Member Muldoon, Mayor Pro Tem Dixon,
Mayor Selich
NAYS: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 14th day of October, 2015.
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City Clerk
f— n City of Newport Beach, California
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CERTIFICATE OF PUBLICATION
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
Ordinance No. 2015-28 has been duly and regularly published according to law and the order of the City
Council of said City and that same was so published in The Daily Pilot, a newspaper of general circulation
on the following dates:
2015.
Introduced Ordinance: September 26, 2015
Adopted Ordinance: October 17, 2015 f�-�{/� (�
In witness whereof, I have hereunto subscribed my name this AJv'day of V
City Clerk -
City of Newpor IR, is
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(Seal)
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