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Home My WebLink About2016-4 - Amending Newport Beach Municipal Code Subsection 11.03.020(C) Relating to Special Event PermtisORDINANCE NO. 2016-4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, AMENDING NEWPORT BEACH MUNICIPAL CODE SUBSECTION 11.03.020(C) RELATING TO SPECIAL EVENT PERMITS WHEREAS, the City of Newport Beach ("City") is authorized under California Constitution Article 11, Section 7 to make and enforce within its limits local laws and regulations; WHEREAS, the City is a destination location that plays host to a diverse array of special events in the community sponsored by private individuals, businesses, not-for- profit organizations, government entities, and the City; WHEREAS, the City regulates special events in Newport Beach Municipal Code ("NBMC") Chapter 11.03 (Special Events) and Title 20 (Planning and Zoning); WHEREAS, NBMC Subsection 11.03.020(C) provides a number of events or activities that are exempt from obtaining a special event permit due to their regulation by other entities or other sections in the code; WHEREAS, the City's Zoning Regulations provide for the issuance of a conditional use permit ("CUP") to allow for land uses that may be appropriate in a zoning district; WHEREAS, the City desires to provide efficiencies and reduce administrative duplication by providing for certain special events and activities through a CUP; and WHEREAS, any special event or activity allowed through a CUP will be appropriately conditioned to ensure the general safety, health, and welfare of the community and to ensure that the temporary operation of each special event or activity is compatible with the neighborhood or area in which the special event or activity is located. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: The City Council hereby amends NBMC Subsection 11.03.020(C), in part, to add Subsection (C)(9) to read as follows: 9. Activities or events authorized under a Conditional Use Permit issued under Title 20 of this Code. Ordinance No. 2016-4 Page 2 of 3 Section 2: Except as expressly modified in this ordinance, all other sections, subsections, terms, clauses and phrases set forth in the NBMC shall remain unchanged and shall be in full force and effect. Section 3: The recitals provided above are true and correct and are incorporated into the substantive portion of this ordinance. Section 4: 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, sentence, clause or phrase hereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 5: The City Council finds the approval of this ordinance 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. Alternatively, the City Council finds the approval of this ordinance is not a project under CEQA Regulation Section 15061(b)(3) because it has no potential for causing a significant effect on the environment. Section 6: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause this ordinance, or a summary thereof, to be published pursuant to Charter Section 414. Ordinance No. 2016-4 Page 3 of 3 This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the 23rd day of February, 2016, and adopted at a regular meeting of the City Council of Newport Beach, held on the 8th day of March, 2016, by the following vote, to wit: AYES, COUNCILMEMBERS Council Member Peotter, Council Member Duffield, Council Member Selich Council Member Curry Council Member Petros Mayor Pro Tem Muldoon Mayor Dixon NAYES, COUNCILMEMBERS None ABSENT COUNCILMEMBER None B. DIXON, MAYOR ATTEST: LEILANI I. BROWN, CITY CLERK APPROVED AS TO FORM: THE CITY ATTORNEY'S OFFICE AARON_�IHARP, 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. 2016-4 was duly and regularly introduced on the 23 d day of February, 2016, and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 8 adopted of March, 2016, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Peotter, Council Member Duffield, Council Member Selich, Council Member Curry, Council Member Petros, Mayor Pro Tem Muldoon, Mayor Dixon NAYS: None IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 9th day of March, 2016. c PO A� d Leilani I. Brown, MMC ®� City Clerk %• City of Newport Beach, California � n Uc (Seal) 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. 2016-4 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: Introduced Ordinance: February 27, 2016 Adopted Ordinance: March 19, 2016 In witness whereof, I have hereunto subscribed my name this � day of 2016. W L"eilani I. Brown, MMC City Clerk City of Newport Beach, California (Seal)