HomeMy WebLinkAbout2010-10 - Amending Newport Beach Municipal Code Section 11.03.020(B) to Eliminate Farmers’ Markets from the Special Event Permit ProcessORDINANCE NO, 2010 -10
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT
BEACH AMENDING SECTION 11.03.020(6) OF THE NEWPORT BEACH
MUNICIPAL CODE, PERTAINING TO SPECIAL EVENT PERMITS
WHEREAS, the City of Newport Beach ( "City ") regulates special event permits in
Newport Beach Municipal Code ( "Code ") Section 11.03.020(B); and
WHEREAS, Section 11.03.020(B) includes farmers' markets as events that
require special event permits; and
WHEREAS, the City has determined that a license agreement is a more suitable
method of regulating farmers' markets in that it allows for conditions to be placed on the
operation, the duration of the license, insurance requirements, indemnification, etc.;
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
SECTION 1: Section 11.03.020(6) of Chapter 11.03 of the Newport Beach
Municipal Code is hereby amended to read as follows:
Section 11.03.020 General Provisions
B. Applicability. These regulations shall apply to the following special events:
1. Outdoor concerts and other entertainment, public or semi public, dance,
recreation, or sporting events.
2. Circuses, carnivals, fairs and festivals.
3. Swap meets.
4. Walks, runs, athletic events, bicycle and vehicle races not exempted
under subsection C of this section.
5. Organized /Sponsored Vehicle and boat shows.
6. Sales events outside the normal sales area of a business, such as
sidewalk and parking lot sales and other special promotions.
7. Auto dealer sales events involving promotional attractions such as
barbecues, tents, canopies, special signage, and similar facilities.
8. Fireworks displays.
9. Outdoor weddings and picnics with attendance of one hundred fifty (150)
or more persons, within guidelines established by City Council Policy 13-
16.
10. Assemblies, conferences or meetings in a designated reserved area
outdoors, with attendance of one hundred fifty (150) or more persons.
11. Street fair, craft show on a residential or commercial right -of -way which is
likely to obstruct or delay or interfere with normal flow of pedestrian or
vehicular traffic.
12. Other events with potential attendance of one hundred fifty (150) or more
persons, as determined by the Director, which are not exempted per
subsection C of this section.
13. Car washes whereby the public is encouraged /invited to attend.
SECTION 2: The provisions of this ordinance shall be effective thirty (30) days after the
adoption of this ordinance by the City Council.
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 25th day of May, 2010, and adopted on the 8`" day of
June, 2010, by the following vote, to wit:
AYES, COUNCIL MEMBERS
Selich, Rosansky, Henn, Mayor Curry, Webb,
Gardner,
NOES, COUNCIL MEMBERS None
ABSENT COUNCIL MEMBERS
APPROVED AS TO FORM:
None
OFFICE OF THE CITY ATTORNEY
BY�
DAVID R. HUNT, CITY ATTORNEY
A�
KEITH D. CURRY, MAYOR
ATTEST:
By:_aw-
LEILANI I. BROWN, CITY CLERK
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STATE OF CALIFORNIA }
COUNTY OF ORANGE
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. 2010 -10 was duly and regularly introduced on the 25th day of May, 2010, and
adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held
on the 8th day of June, 2010, and that the same was so passed and adopted by the following vote, to
wit:
Ayes: Selich, Rosansky, Henn, Mayor Curry, Webb, Gardner, Daigle
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 9th day of June, 2010.
(Seal)
City Clerk
City of Newport Beach, California
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. 2010 -10 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:
2010.
Introduced Ordinance: May 29, 2010
Adopted Ordinance: June 12, 2010 ri
In witness whereof, I have hereunto subscribed my name this day of ��✓
ay�
City Clerk
City of Newport Beach, California