HomeMy WebLinkAbout85-10 - Declaring a Moratorium on the Issuance of Street Construction PermitsORDINANCE NO. 85 -10
• AN ORDINANCE OFTHE CITY OF NEWPORT BEACH
DECLARING A MORATORIUM ON THE ISSUANCE OF
STREET CONSTRUCTION PERMITS
WHEREAS, the City Council of the City of Newport Beach,
under the Charter laws and Constitution of the State of
California, is vested with the power to regulate and control the
access to and construction, opening, extending, widening and
straightening of, public streets within the City of Newport
Beach; and
WHEREAS, the right to control and approve access to and
construction of public streets includes the right to establish
procedures for approval of permits to allow such access or
construction, as well as the right to impose reasonable
conditions on the permits; and
• WHEREAS, there is substantial, unimproved property
situated adjacent to the City of Newport Beach but within City's
sphere of influence which, if developed, could significantly
contribute to traffic volumes on existing City streets; and
WHEREAS, the City of Newport Beach has limited control
over the size and scope of development adjacent to the City but
within its sphere of influence, and the construction of large
developments in these areas could accelerate the need for planned
roadway improvements and /or increase the number, size or scope of
roadway improvements necessary to accommodate additional
vehicular traffic generated by such development; and
WHEREAS, the City of Newport Beach has adopted a Fair
Share Traffic Contribution Ordinance in an effort to fund a
• shortfall in revenues required to construct roadway improvements
necessary to accommodate traffic volumes generated by development
or redevelopment within the City of Newport Beach; and
WHEREAS, to the extent that development nearby but
• outside the City of Newport Beach accelerates the need for
planned roadway improvements or creates a need for roadway
improvements in addition to those funded through the Fair Share
Traffic Ordinance, it is appropriate and fair to require such
development to contribute its fair share to required roadway
improvements; and
WHEREAS, the City must exercise control over the design
and construction of public streets, as well as intersections
between City streets and roadways serving developments located
outside of the City, to ensure that traffic on City streets is
not unduly impaired and to ensure, to the maximum extent
feasible, that streets and intersections are designed and
constructed in a manner that will not adversely impact the
health, safety and welfare of the citizens of the City of Newport
Beach and those using City streets; and
• WHEREAS, the City of Newport Beach presently has no
comprehensive ordinance establishing standards and criteria for
the construction of certain roadway improvements and /or the
construction of roads connecting to City streets; and
WHEREAS, the City of Newport Beach presently is
considering the adoption of a "Street Construction Permit
Ordinance" and it is necessary to adopt this temporary moratorium
ordinance to preserve the status quo and the health, safety and
welfare of the citizens using streets within the City of Newport
Beach.
NOW, THEREFORE, the City Council of the City of Newport
Beach DOES ORDAIN as follows:
SECTION I. No person shall construct, reconstruct, lay
• out, open, extend, widen, straighten or establish the grade of
any public street, nor shall any person lay out, open or
construct any roadway providing access to any public street in
the City of Newport Beach.
SECTION 2. This ordinance shall take effect
• immediately and remain in effect for 45 days.
This Ordinance was introduced at a regular meeting of
the Ci.ty Council of the City of Newport Beach held on the 8th day
of April , 1985, and was adopted on the 8th day of April ,
1985 by the following vote:
• ATTEIT:
City Clerk
ORP /Street2
•
AYES, COUNCILMEMBERS Agee, Cox, Hart,
Heather, Maurer, Plummer, Strauss
NOES, COUNCILMEMBERS
ABSENT COU CILMEMBERS