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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: M �� i Iii �' � 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