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Home My WebLink About2013-19 - Amending Newport Beach Municipal Code Sections 5.04.210 and 12.68.040ORDINANCE NO. 2013 -19 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING NEWPORT BEACH MUNICIPAL CODE SECTIONS 5.04.210 AND 12.68.040 WHEREAS, fees for business license location changes and preferential parking permits are cost -of- services fees identified in the Master Fee Schedule, which updates are approved by the City Council; and WHEREAS, Newport Beach Municipal Code ( "Municipal Code ") Section 5.04.210 provides for a fee of ten dollars ($10.00) to be collected from a business license holder in order to change the location of the business; and WHEREAS, Municipal Code Section 12.68.040 provides for fee of ten dollars ($10.00) to be collected prior to the issuance of each Preferential Parking permit; and WHEREAS, City Council now desires to update and amend Municipal Code Sections 5.04.210 and 12.68.040 to reflect the cost of those services, as updated by the Master Fee Schedule. NOW THEREFORE, the City Council of the City of Newport Beach ordains as follows: SECTION 1: Section 5.04.210 (License Nontransferable) is hereby amended to read as follows: 5.04.210 License Nontransferable. Each license granted or issued under any provisions of this title shall authorize the licensee to transact or carry on the business therein named, at the place therein designated and at no other place and the license shall not be assignable or transferable. A change of location shall be allowed to the holder of the license upon the payment, set forth by resolution of the City Council, to the Finance Director within thirty (30) days of such change taking place. If licensee fails to apply for the change of address within thirty (30) days of such change taking place, his license shalt terminate and expire at midnight of the thirtieth day. In the event of any such termination and expiration of a license, there shall be no rebate of any portion of the tax or fee paid by such licensee and in any application for a new license, there shall be no proration of the required tax or fee. (Ord. 1757 § 1 (part), 1977) SECTION 2: Section 12.68.040 (Preferential Parking Privileges — Issuance of Permits), is hereby amended to read as follows: 12.68.044 Preferential Parking Privileges— issuance of Permits. A. Issuing Authority. The Finance Director shall issue permits for preferential parking. Applicants for such permits may be required to present such proof as may be required by the Finance Director, of residence adjacent to the area designated as a preferential parking zone. Any combination of permanent and visitor permits, up to a total of three per unit, shall be issued for each qualified dwelling unit to any qualified applicant. B. Fees. The Finance Director shall collect a fee set forth by resolution of the City Council for each permit issued pursuant to this section, whether permanent or visitor. C. Duration of Permits. Permits issued pursuant to this section shall remain effective for one year, commencing January 1st and ending December 31st, or fraction thereof, or until the preferential parking zone for which such permit was issued was eliminated, whichever period of time is less. Notwithstanding the foregoing, permits issued to residents for the year 1981 shall be valid during 1982 without additional cost. D. Conditions of Permits. Each permit issued pursuant to this section shall be subject to all the conditions and restrictions set forth in this chapter and of the preferential parking zone for which it was issued, including conditions or restrictions which may be altered or amended from time to time. The issuance of such permit shall not be construed to be a permit for or approval for any violation of any provision of this Code or any other law or regulation. (Ord. 84-25 § 1, 1984: Ord. 1897 § 1, 1982; Ord. 1883 § 1 (part), 1981) SECTION 3: 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 4: The City Council finds that this ordinance is not subject to the California Environmental Quality Act ( "CEQA ") pursuant to Sections 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 for resulting in physical change to the environment, directly or indirectly. SECTION 5: 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 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 22 °d day of October, 2013, and adopted on the 12t}' day of November, 2013, by the following vote, to wit: AYES, COUNCILMEMBERS Gardner, Petros, Selich, Mayor Curry NOES, COUNCILMEMBERS None RECUSED, COUNCILMEMBERS: Hill, Henn, ABSENT, COUNCILMEMBERS None ATT}E� ST: Leilani 1. Brown, City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE By Aaron C. Harp, City Attar ey Keith D. Curry, Mayor 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; that the foregoing ordinance, being Ordinance No. 2013 -19 was duly and regularly introduced on the 22nd day of October, 2013, and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 12th day of November, 2013, and that the same was so passed and adopted by the following vote, to wit: Ayes: Gardner, Petros, Selich, Mayor Curry Nays: None Recused: Hill, Henn, Daigle IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 13th day of November, 2013. i 1 L'I.i FOP'% City Clerk City of Newport Beach, California (Seal) CERTIFICATE OF PUBLICATION 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 Ordinance No. 2013 -19 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 dates: Introduced Ordinance: October 26, 2013 Adopted Ordinance: November 16, 2013 /�l In witness whereof, I have hereunto subscribed my name this day of bmw 2013. �A' i 1 he"'� City Cle k City of Newport Beach, California (Seal)