HomeMy WebLinkAbout05 - Discretionary Approvals for Unlawful UsesCODN� AGENDA
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CITY OF NEWPORT BEACH
CITY COUNCIL STAFF REPORT
Agenda Item No. 3
February 27, 2007
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Robin Clauson, City Attorney
ext. 3131, rclauson @city.newport- beach.ca.us
SUBJECT: TO AMEND CHAPTER 1.01 OF THE NEWPORT BEACH MUNICIPAL
CODE TO ADD SECTION 1.01.090 PROHIBITING THE ISSUANCE OF
BUSINESS LICENSES, PERMITS AND THE GRANTING OF
DISCRETIONARY APPROVALS FOR UNLAWFUL USES
ISSUE:
Should the Municipal Code be amended to include provisions to prohibit the issuance of
business licenses, permits and the granting of discretionary approvals for unlawful
uses?
RECOMMENDATION:
It is recommended that the City Council pass the Ordinance at a second reading.
It is requested the City Council adopt the first reading of the attached ordinance
clarifying that business licenses, permits should not be issued and discretionary
approvals should not be granted .for activities and uses that are illegal or unlawful under
applicable local, state or federal laws.
Environmental Review: This is not a project under CEQA.
Public Notice: Public notice was provided in accordance with all applicable laws.
Prepared By:
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Aaron C. Harp,
Assistant City Attorney
r Attachments: Ordinance
Submitted by:
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FOP, Robin Clauson,
City Attorney
ORDINANCE NO. 2007-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH
ADDING SECTION 1.01.090 TO CHAPTER 1.01 OF TITLE 1 OF THE NEWPORT
BEACH MUNICIPAL CODE PERTAINING TO ADOPTION OF CODE -
UNLAWFUL USES
NOW THEREFORE, the City Council of the City of Newport Beach, Califomia, HEREBY ORDAINS as follows:
SECTION 1: Section 1.01.090, Chapter 1.01, of Title 1 of the Newport Beach Municipal Code is hereby
added to read as follows:
Section 1.01.090 Unlawful Business. In no event shall any license, permit, or approval, including but not
limited to, amendments, development plans, modification permits, site plan review, use permits, variances,
coastal permits, or other entitlement, be granted for a use or activity that is illegal or unlawful under federal,
state or City laws or regulations. The issuance or granting of any license, permit or approval under this
Code shall not be deemed or construed to be a permit to conduct or to continue an illegal or unlawful
business, or to conduct or continue a lawful business in an unlawful manner, or at a place prohibited by law
or the ordinances of this City.
SECTION 2: 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 3: The Mayor shall sign and the City Clerk shall attest to the passage of this ordinance. The Ct
Clerk shall cause the same to be published once in the official newspaper of the City, and it shall be effectiv.,,
thirty (30) days after its adoption.
SECTION 4: This ordinance was Introduced at a regular meeting of the City Council of the City of Newport
Beach, held on the _ day of . 2007, and adopted on the _ day of 2007, by
the following vote, to wit:
AYES, COUNCILMEMBERS
NOES, COUNCILMEMBERS
ABSENT COUNCILMEMBERS
MAYOR
ATTEST:
LaVonne Harkless, City perk