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City Council Resolution No. 98 -28
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RESOLUTION NO. 98:28
A RESOLUTION AMENDING RESOLUTION
NO. 89 -7 OF THE CITY COUNCIL. OF THE
CITY OF NEWPORT BEACH REGARDING IN
LIEU PARKING FEES
WHEREAS, the City Council adopted Resolution No. 89 -7 on February 27, 1989,
which prohibited the issuance of new permits pursuant to the provisions of Section
12.44.125, until the City Council's approval of the Specific Area Plan for Central Balboa
and Council action on Ordinance No. 88 -47. The Central Balboa Specific Area Plan has
been adopted; however, the City Council has not taken action on Ordinance 88-47;
WHEREAS, the City Council has authorized the preparation of a Parking
Management Action Plan for Balboa Peninsula;
WHEREAS, the City Council anticipates that, as a result of said Plan, action will be
taken to address Ordinance No. 88 -47 in the near future;
WHEREAS, the City Council finds that eating and drinking establishments that
operate with certain characteristics have a very low parking demand, which can be met
with street parking without causing adverse impacts on the surrounding neighborhood.
Said characteristics include small scale (fewer than forty-five seats), very low turnover,
closure earlier than midnight, and location in an area with ample and convenient street
parking for which there is limited demand;
WHEREAS, the City Council finds that an exception to Resolution No. 89 -7 is
warranted for eating and drinking establishments with the operational characteristics
described above. Said exception will provide for an alternative arrangement for parking
consistent with the waiver standards provided in Title 20 of the Newport Beach Municipal
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Code and with the requirements of the Coastal Act; will not be detrimental to the health,
safety and welfare of the areas surrounding qualifying eating and drinking establishments;
and will not have a detrimental impact on available parking or on any future decisions to
amend the provisions of Section 12.44.125;
NOW, THEREFORE, BE IT RESOLVED that a permit pursuant to the provisions
of Section 12.44.125 of the Newport Beach Municipal Code may be issued to eating and
drinking establishments with the operational characteristics described in the findings
above. This issuance shall be an exception to the prohibition for issuance of new permits
contained in Resolution No. 89 -7 limited to the unique circumstances provided in the
findings above.
ADOPTED, this
ATTEST:
27th day of April 1998.
Thomas Cole dwards, Mayor
LaVonne Harkless, City Clerk
F: 1caNcsXResolutionlParkgPerrnit .doc
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STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, LEILANI V. INES, Deputy 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. 98 -28, 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 27th
day of April, 1998, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Thomson, Debay, O'Neil, Hedges, Glover, Noyes, Mayor Edwards
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 28th day of April, 1998.
Deputy City Clerk of the City of
Newport Beach, California
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