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Home My WebLink About03 - Repeal Outdated Regulations4 �gW Pp�,r CITY OF NEWPORT BEACH C9G1FO0.NP City Council Staff Report Agenda Item No. 3 March 12, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: City Manager's Office Dave Kiff, City Manager 949 - 644 -3001, dkiff @newportbeachca.gov PREPARED BY: Dave Kiff, City Manager APPROVED: 1 '" 0 � TITLE: ADOPTION OF ORDINANCE NO. 2013 -7 AMENDING THE NEWPORT BEACH MUNICIPAL CODE TO REPEAL / AMEND OUTDATED AND INEFFICIENT REGULATIONS ABSTRACT: On February 26, 2013, Ordinance No. 2013 -7 was introduced by the City Council and a first reading was conducted. Ordinance No. 2013 -7 repeals / amends various laws within the Newport Beach Municipal Code ( "NBMC ") that are outdated or have been superseded by state law. The City Council passed Ordinance No. 2013 -7 to a second reading at the March 12, 2013 meeting. RECOMMENDATION: Conduct a second reading and adopt Ordinance No. 2013 -7 repealing Chapters 2.04, 5.16, 5.34, 6.15 and 6.20, Sections 2.32.010 through 2.32.050, 10.12.020, 11.12.140, 12.12.060, and amending Section 5.04.020 of the NBMC. FUNDING REQUIREMENTS: There is no fiscal impact related to this item. ENVIRONMENTAL REVIEW: Staff recommends the City Council find the approval of the attached ordinance is not subject to the California Environmental Quality Act ( "CEQX) pursuant to Section 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of Regulations, Title 1 ADOPTION OF ORDINANCE NO. 2013 -7 AMENDING THE NEWPORT BEACH MUNICIPAL CODE TO REPEAL / AMEND OUTDATED AND INEFFICIENT REGULATIONS March 12, 2013 Page 2 14, Chapter 3, because it has no potential to have a significant effect on the environment. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by City Manager Attachments: Ordinance No. 2013 -7 E ORDINANCE NO. 2013 -7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, REPEALING CHAPTER 2.04, 5.16, 5.34, 6.15 AND 6.20, SECTIONS 2.32.010 THROUGH 2.32.050, 10.12.020, 11.12.140, AND 12.12.060, AND AMENDING SECTION 5.04.020 OF THE NEWPORT BEACH MUNICIPAL CODE WHEREAS, the City of Newport Beach ( "City ") is a charter city, governed by a charter adopted by the citizens of the City; and WHEREAS, Article XI, Section 5 of the Constitution of the State of California authorizes charter cities to enact ordinances with respect to their municipal affairs; and WHEREAS, in 2012, the City completed a review of its Charter resulting in various amendments being approved by the electorate that eliminated outdated rules and inefficiencies; and WHEREAS, the City has conducted a review of the Newport Beach Municipal Code to identify and eliminate outdated rules and inefficiencies; and WHEREAS, the City is seeking to reduce the burden on local businesses through the repeal of certain provisions of the Newport Beach Municipal Code; and WHEREAS, certain chapters and /or sections of the Newport Beach Municipal Code are no longer needed or have been superseded by state law and therefore may be repealed. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: Section 1: Chapter 2.04 of the Newport Beach Municipal Code is hereby repealed in its entirety. Section 2: Sections 2.32.010, 2.32.020, 2.32.030, 2.32.040 and 2.32.050 of the Newport Beach Municipal Code are hereby repealed in their entirety. Section 3: Chapter 5.16 of the Newport Beach Municipal Code is hereby repealed in its entirety. Section 4: Section 5.04.020 of the Newport Beach Municipal Code is hereby amended to read as follows: 5.04.020 License and Tax Payment, and Fingerprinting Fee Requirements. No person, either for himself or any other person, shall operate any business specified in this title in the City without first having obtained a license from the City to do so, or without complying with any and all regulations of such business contained in this title; and the carrying on of any such business without first having obtained a license from the City to do so, or without complying with any and all regulations of such business contained in this title, shall constitute a separate violation of this title for each and every day that such business is so carried on. Where fingerprinting is required as a condition of obtaining a license to operate any such business, in addition to any other fees imposed pursuant to this title, a fee equal to that currently charged to the City by the State of California will be charged for each person required to be so fingerprinted. Section 5: Chapter 5.34 of the Newport Beach Municipal Code is hereby repealed in its entirety. Section 6: Chapter 6.15 of the Newport Beach Municipal Code is hereby repealed in its entirety. Section 7: Chapter 6.20 of the Newport Beach Municipal Code is hereby repealed in its entirety. Section 8: Section 10.12.020 of the Newport Beach Municipal Code is hereby repealed in its entirety. Section 9: Section 11.12.140 of the Newport Beach Municipal Code is hereby repealed in its entirety. Section 10: Section 12.12.060 of the Newport Beach Municipal Code is hereby repealed in its entirety. Section 11: The recitals provided in this ordinance are true and correct and are incorporated into the substantive portion of this ordinance. Section 12: 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, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. Section 13: Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments. Section 14: The City Council finds the approval of this ordinance is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Section 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 to have a significant effect on the environment. Section 15: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be published once in the official newspaper of the City; and it shall be effective thirty (30) days after its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on the 26th day of February, 2013, and adopted on the 12th day of March, 2013, by the following vote, to -wit: AYES, COUNCILMEMBERS NOES, COUNCILMEMBERS ABSENT COUNCILMEMBERS 31 VIT160 ATTEST: KEITH D. CURRY LEILANI I. BROWN, CITY CLERK APPROVED ASt TO FORM: CITY ATTO. NEY'S OFFICE AA'f3ON.8. HARP, CITY ATTORNEY