HomeMy WebLinkAbout2002-14 - Amending Sections of Chapter 20.64 of the NBMC, Pertaining to Transportation Demand Management (TDM) – Urgency Ordinance.ORDINANCE NO. 2002- 14
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH AMENDING SECTIONS OF CHAPTER 20.64
OF THE NEWPORT BEACH MUNICIPAL CODE, PERTAINING TO
TRANSPORTATION DEMAND MANAGEMENT (TDM)
WHEREAS, the City of Newport Beach wishes to maintain the City's eligibility for
Measure M funding as an important and valuable program that provides assistance with
developing or improving transportation projects; and
WHEREAS, in compliance with the 5 year review period adopted by the Orange
County Transportation Authority (OCTA) that administers Measure M funds, the City of
Newport Beach wishes to maintain consistency between the language contained in the City's
Transportation Demand Management (TDM) Ordinance and the corresponding regulations
adopted and implemented by the South Coast Air Quality Management District (SCAQMD),
as well as any additional language recommended by the OCTA, in order to maintain eligibility
for Measure M funding; and
NOW, THEREFORE, the City Council of the City of Newport Beach does hereby
ORDAIN as follows:
SECTION 1. Section 20.64.050 of the Newport Beach Municipal Code is hereby
amended to read as follows:
20.64.050 Applicability
This Chapter shall apply to all new, nonresidential development projects that are
estimated to employ a total of one hundred (100) or more persons, or the current limit set by
the South Coast Air Quality Management District (SCAQMD) in Rule 2202, whichever is
lower at the time of project submittal. For the purposes of this section, the effective date of
project submittal shall be that date upon which the Planning Department accepts the
application as complete.
SECTION 2. Section 20.64.085 is added to the Newport Beach Municipal Code to
read as follows:
20.64.085 Enforcement
To assure that applicable developments comply with the provisions of this Chapter,
the City shall, following written notice to subject property owner or designee, initiate
enforcement action(s) which may include, but not be limited to, the following:
A. Withholding issuance of a Building Permit or Certificate of Occupancy.
B. Issuance of Stop Work Orders.
SECTION 3. This Ordinance shall take effect immediately.
SECTION 4. The City Council finds and declares this Ordinance to be necessary as
an emergency measure for the preservation of the public peace, health or safety as follows:
(a) To maintain eligibility for Measure M funding.
(b) Loss of Measure M funding could jeopardize public works projects and
transportation improvements that have been planned and scoped within the City's Capital
Improvement Plan (CIP).
SECTION 5. If any section, subsection, sentence clause or phrase of the 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
declares that it would have passed this Ordinance, and each section, subsection, clause or
phrase, irrespective of the fact that any one to more sections, subsections, sentences
clauses and phrases be declared unconstitutional.
SECTION 6. The Mayor shall sign and the City Clerk shall attest to the passage of this
Ordinance. The City Clerk shall cause the same to be published once in the official
newspaper within fifteen (15) days after its adoption.
SECTION 7. Adopted and approved this 23`d day of July, 2002 by the following vote:
ATTEST:
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AYES, COUNCILMEMBERS Heffernan, Bromberg,
Adams, Proctor, Mayor Ridgeway
NOES, COUNCILMEMBERS None
ABSENT COUNCILMEMBERS
O'Neil, Glover
MAYOR l J.
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, 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. 2002 -14 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
23rd day of July 2002, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Heffernan, Bromberg, Adams, Proctor, Mayor Ridgeway
Noes: None
Absent: O'Neil, Glover
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 24th day of July 2002.
(Seal)
4/
City Clerk
City of Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA }
COUNTY OF ORANGE } as.
CITY OF NEWPORT BEACH }
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 2002 -14 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 daily
newspaper of general circulation on the following date, to wit: July 27, 2002.
In witness whereof, I have hereunto subscribed my name this S day of
2002.
City Clerk
City of Newport Beach, California