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HomeMy WebLinkAbout12 - Balboa Island Residential Condominium Prohibition Code AmendmentCTY OF F NEWPORT BEACH City Council Staff Report February 24, 2015 Agenda Item No. 12 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Kimberly Brandt, Community Development Director — (949) 644-3226, kbrandt@newportbeachca.gov PREPARED BY: Patrick Alford, Planning Program Manager PHONE: (949) 644-3235 TITLE: Balboa Island Residential Condominium Prohibition Code Amendment ABSTRACT: An amendment to the Zoning Code (Title 20) to prohibit residential condominium projects in the R -BI Zoning District on Balboa Island and Little Balboa Island. RECOMMENDATION: Due to an error in the publication of the public hearing notice, staff recommends that this item be continued to March 10, 2015, City Council meeting. FUNDING REQUIREMENTS: There is no direct fiscal impact related to this item. DISCUSSION: The public hearing newspaper advertisement for this item did not meet the one-eighth page size requirement pursuant to the Municipal Code. Therefore, the public hearing for this item cannot be conducted. Attachment CC -1 provides the proposed revisions to Table 2-1 of Section 20.18.020 (Residential Zoning Districts Land Uses and Permit Requirements) of the Zoning Code. ENVIRONMENTAL REVIEW: This item is categorically exempt under Section 15305, of the California Environmental Quality Act (CEQA) Guidelines — Class 5 (Minor Alterations in Land Use Limitations) because the properties involved have an average slope of less than 20 percent; and the proposed amendment would not result in any changes in land use or density. 12-1 NOTICING: The notice for this item did not meet the minimum requirements of the Municipal Code. ATTACHMENTS: Description Attachment CC 1 - Pr000sed Zoning Code Revisions 12-2 ATTACHMENT CC 1 PROPOSED CODE AMENDMENT CA2014-007 A proposed amendment to the Zoning Code that would prohibit condominium projects and condominium conversions in the R -BI Zoning District on Balboa Island and Little Balboa Island Table 2-1 within of Section 20.18.020 (Residential Zoning Districts Land Uses and Permit Requirements) of the Newport Beach Municipal Code would be amended to include the following text with all other provisions of Section 20.18.020 remaining unchanged: Land Use Specific Land See Part 7 of this title for land use RR -111 RM R -A Rd" Use definitions. R-2 RAID Regulations See Chapter 20.12 for unlisted uses. Two -Unit Dwellings P Lt) P Section 20.48. LSO * Uses Not Listed. Land uses that are not listed in the table above, or are not shown in a particular zoning district, are not allowed, except as provided by Chapter 20.12 (Interpretation of Zoning Code Provisions). ** hicludes R-1-6.000. R-1-7,200, and R-1-10.000. (1) Condominium projects and condominium convections are not permitted in the R -BI Zonine District. 12-3 CITY OF NEWPORT BEACH NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that on Tuesday, February 24, 2015, at 7:00 p.m. or soon thereafter as the matter shall be heard, a public hearing will be conducted in the Council Chambers at 100 Civic Center Drive, Newport Beach. The City Council of the City of Newport Beach will consider the following application: Balboa Island Residential Condominium Prohibition Code Amendment - An amendment to the Zoning Code (Title 20) to prohibit residential condominium projects in the R -BI Zoning District on Balboa Island and Little Balboa Island. The project is categorically exempt under Section 15305, of the California Environmental Quality Act (CEQA) Guidelines — Class 5 (Minor Alterations in Land Use Limitations). All interested parties may appear and present testimony in regard to this application. If you challenge this project in court, you may be limited to raising only those issues you raised at the public hearing or in written correspondence delivered to the City, at, or prior to, the public hearing. Administrative procedures for appeals are provided in the Newport Beach Municipal Code Chapter 20.64. The application may be continued to a specific future meeting date, and if such an action occurs additional public notice of the continuance will not be provided. Prior to the public hearing the agenda, staff report, and documents may be reviewed at the City Clerk's Office or the Community Development Department Permit Center (Bay C-1 st Floor), at 100 Civic Center Drive, Newport Beach, California, CA 92660 or at the City of Newport Beach website at www.newportbeachca.gov. Individuals not able to attend the meeting may contact the Planning Division or access the City's website after the meeting to review the action on this application. For questions regarding this public hearing item please contact Patrick J. Alford, Planning Program Manager, at (949) 644-3235 or PAlford ,newportbeachca.gov. Project File No.: PA2014-170 Activity No.: CA2014-007 Zone: R -BI (Two -Unit Residential, Balboa Island) General Plan: Two -unit Residential Location: Balboa Island/Little Balboa Island Applicant: City of Newport Beach � SEW PORE � a Leilani I. Brown,'MMC, City Clerk 1 City of Newport Beach PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF ILLINOIS County of Cook XM5 20 A.' S' 26 I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the action for which the attached notice was published. i am a principal clerk of the Newport Harbor News Press Combined With Daily Pilot, which was adjudged a newspaper of general circulation on lune 19, 1952, Cases A24831 for the City of Newport Beach, County of Orange, and State of California. Attached to this Affidavit is a true and complete copy as was printed and published on the following date(s): Feb 14, 2015; I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated at Chicago, Illinois on this 24 day of ftr20j,62-_. r [sign ture] 435 N. 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