HomeMy WebLinkAbout2020-98 - Initiating Amendments to Title 20 (Planning and Zoning) of the City of Newport Beach Municipal Code Related to Eating and Drinking Establishments and Health/Fitness Facilities in the MU-DW (Mixed-Use Dover/Westcliff) Zoning District (PA2020-316)RESOLUTION NO. 2020-98
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH, CALIFORNIA, INITIATING
AMENDMENTS TO TITLE 20 (PLANNING AND ZONING)
OF THE CITY OF NEWPORT BEACH MUNICIPAL CODE
RELATED TO EATING AND DRINKING
ESTABLISHMENTS AND HEALTH/FITNESS FACILITIES
IN THE MU -DW (MIXED-USE DOVER/WESTCLIFF)
ZONING DISTRICT (PA2020-316)
WHEREAS, Section 20.66.020 (Initiation of Amendment) of the Newport Beach
Municipal Code ("NBMC") provides that the City Council of the City of Newport Beach
("City Council") may initiate an amendment to the Zoning Code with or without a
recommendation from the Planning Commission;
WHEREAS, the MU -DW (Mixed -Use Dover/Westcliff) zoning district does not
allow for eating and drinking establishments or larger health/fitness facilities despite
being located immediately adjacent to general commercial uses along Westcliff Drive
that include these uses;
WHEREAS, property owners of MU -DW (Mixed -Use Dover/Westcliff) zoned
properties have raised concerns about the challenges of leasing existing office space
and propose expanding the uses to include restaurants or fitness type uses; and
WHEREAS, the City Council desires to amend Title 20 (Planning and Zoning) of
the NBMC related to Eating and Drinking Establishments, and Health/Fitness Facilities
in the MU -DW (Mixed -Use Dover/Westcliff) zoning district.
NOW, THEREFORE, the City Council of the City of Newport Beach resolves as
follows:
Section 1: The City Council hereby initiates amendments to Title 20 (Planning
and Zoning) of the NBMC related to Eating and Drinking Establishments and
Health/Fitness Facilities in the MU -DW (Mixed -Use Dover/Westcliff) zoning district.
Section 2: 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.
Resolution No. 2020-98
Page 2 of 2
Section 3: The recitals provided in this resolution are true and correct and are
incorporated into the substantive portion of this resolution.
Section 4: The City Council finds the adoption of this resolution is exempt
from environmental review under the California Environmental Quality Act ("CEQA"),
pursuant to Section 15262 of the CEQA Guidelines, California Code of Regulations,
Title 14, Division 6, Chapter 3, because it involves feasibility or planning studies for
possible future actions which the agency, board, or commission has not approved or
adopted.
Section 5: This resolution shall take effect immediately upon its adoption by
the City Council, and the City Clerk shall certify the vote adopting this resolution.
ADOPTED this 24th day of November, 2020.
Will O'Neill
Mayor
ATTEST:
Leilani I. Brown — r _K71to
City Clerk v �"
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APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
C.4, C.
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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; the foregoing resolution, being Resolution
No. 2020-98 was duly introduced before and adopted by the City Council of said City at a regular meeting
of said Council held on the 241h day of November, 2020; and the same was so passed and adopted by the
following vote, to wit:
AYES: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Joy Brenner,
Council Member Diane Dixon, Council Member Jeff Herdman, Council Member Kevin
Muldoon
NAYS: None
ABSENT: Council Member Duffy Duffield
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of
said City this 25th day of November, 2020.
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Leilani I. Brown
City Clerk
Newport Beach, California
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