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HomeMy WebLinkAbout2020-38 - Initiating an Amendment to Title 20 (Planning and Zoning) of the City of Newport Beach Municipal Code Related to Food and Alcohol Service in the Industrial Zoning District (IG) (PA2020-042)RESOLUTION NO. 2020-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH, CALIFORNIA, INITIATING AN AMENDMENT TO TITLE 20 (PLANNING AND ZONING) OF THE CITY OF NEWPORT BEACH MUNICIPAL CODE RELATED TO FOOD AND ALCOHOL SERVICE IN THE INDUSTRIAL ZONING DISTRICT (IG) (PA2020-042) WHEREAS, Section 20.66.020 (Initiation of Amendment) of Newport Beach Municipal Code ("NBMC") provides that the City Council of the City of Newport Beach ("City Council") may initiate an amendment to Title 20 (Planning and Zoning) of the NBMC with or without a recommendation from the Planning Commission; and WHEREAS, the City Council desires to amend Title 20 of the NBMC related to food and alcohol service in the Industrial Zoning District (IG). NOW, THEREFORE, the City Council of the City of Newport Beach resolves as follows: Section 1: The City Council hereby initiates an amendment to Title 20 (Planning and Zoning) of the NBMC related to allowing food and alcohol service in the Industrial Zoning District (IG). Section 2: The recitals provided in this resolution are true and correct and are incorporated into the operative portion of this resolution. Section 3: If any section, subsection, sentence, clause or phrase of this resolution 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 resolution. The City Council hereby declares that it would have passed this resolution, and each section, subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. Section 4: The City Council finds the adoption of this resolution is exempt from environmental review under the California Environmental Quality Act ("CEQA"), pursuant to Section 15262 of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it involves feasibility or planning studies for possible future actions which the agency, board, or commission has not approved or adopted. Resolution No. 2020-38 Page 2 of 2 Section 5: This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this resolution. ADOPTED this 14th day of April, 2020. Will O'Neill Mayor ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Aaron C. Harp City Attorney 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; the foregoing resolution, being Resolution No. 2020-38, was duly introduced before and adopted by the City Council of said City at a regular meeting of said Council held on the 141h day of April, 2020; and the same was so passed and adopted by the following vote, to wit: AYES: Council Member Joy Brenner, Council Member Duffy Duffield, Council Member Jeff Herdman, Council Member Kevin Muldoon NAYS: Mayor Will O'Neill, Mayor Pro Tem Brad Avery, Council Member Diane Dixon IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 151h day of April, 2020. r Leilani I. Brown , City Clerk Newport Beach, California