HomeMy WebLinkAbout16 - Balboa Island Residential Condominium Prohibition Code AmendmentCITY OF
y NEWPORT BEACH
City Council Staff Report
March 10, 2015
Agenda Item No. 16
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Kimberly Brandt, Community Development Director — (949) 644 -3226,
kbrandt @newportbeachca.gov
PREPARED BY: Patrick J. 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:
a) Conduct a public hearing;
b) Find that the adoption of Code Amendment CA2014 -005 is not subject to the California Environmental
Quality Act (CEQA) pursuant to Section 15305 of the CEQA Guidelines; and
c) Introduce Ordinance No. 2015 -5, An Ordinance of the City Council of the City Of Newport Beach
Approving an Amendment to Title 20 (Zoning Code) of the Newport Beach Municipal Code to Prohibit
Residential Condominium Projects in the R -BI Zoning District (Staff Report Attachment No. CC 1),
approving Code Amendment No. CA2014 -007, and pass to second reading on March 24, 2015.
FUNDING REQUIREMENTS:
There is no direct fiscal impact related to this item.
DISCUSSION:
Background
Pursuant to staffs request, the City Council initiated the code amendment on November 12, 2014.
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Analysis
The proposed amendment would reinstate a prohibition on residential condominium development and
conversions in the in the R -BI Zoning District on Balboa Island and Little Balboa Island. This prohibition
was originally adopted in 1997, but was inadvertently omitted when the Zoning Code was comprehensively
updated in 2010.
The prohibition was adopted out of concern that the residential condominium development and
conversions were not consistent with the historic pattern of development on Balboa Island and Little
Balboa Island, which generally consists of one primary dwelling unit on a parcel and the addition of a small
apartment accessory dwelling unit. As the primary /accessory dwelling unit development pattern is seen as
contributing to the unique character of Balboa Island and Little Balboa Island, reinstating the prohibition on
residential condominiums is an appropriate method of maintaining the quality of the neighborhood.
Planning Commission Recommendation
On January 22, 2015, the Planning Commission conducted a public hearing on the proposed amendment.
After a brief discussion on the scope of the proposed amendment and the method of public notice, the
Planning Commission voted (4 -0) to recommend approval of the proposed amendment (see Attachment
No. CC 2).
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.
NOTICING:
Notice of this amendment was published in the Daily
with the provisions of the Municipal Code. Additionally,
which was posted at City Hall and on the City website
Island Improvement Association, Little Balboa Island
Business Association.
ATTACHMENTS:
Description
Attachment CC 1 - Draft Ordinance
Attachment CC 2 - Planning Commission Minutes
Attachment CC 3 - Planning Commission Staff Report
Pilot as an eighth page advertisement, consistent
the item appeared on the agenda for this meeting,
and a notice of this item was mailed to the Balboa
Property Owner Association, and Balboa Island
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r_MIr_N1:1 •AIA►r19014aI
ORDINANCE NO. 2015-
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH APPROVING AN AMENDMENT TO TITLE 20
(ZONING CODE) OF THE NEWPORT BEACH MUNICIPAL CODE
TO PROHIBIT RESIDENTIAL CONDOMINIUM PROJECTS IN
THE R -BI ZONING DISTRICT
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. On November 12, 2014, the City Council initiated an amendment of the Zoning Code
(CA2014 -007) that would reinstate the prohibition on residential condominium projects in
the R -BI Zoning District on Balboa Island and Little Balboa Island.
2. On January 22, 2015, the Planning Commission conducted a public hearing and voted
(4 -0) to recommend to the City Council approval Code Amendment No. CA2014 -007.
3. A public hearing was held on March 10, 2015, in the City Hall Council Chambers, 100
Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of
the meeting was given in accordance with the Newport Beach Municipal Code.
Evidence, both written and oral, was presented to, and considered by, the City Council
at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
The code amendment 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 twenty
percent (20 %); and the proposed amendment would not result in any changes in land use or
density.
SECTION 3. FINDINGS.
1. On June 9, 1997, the City Council adopted Ordinance No. 97 -20, which amended the
Zoning Code to prohibit residential condominium development and conversions in the
R -1.5 Zoning District, which, at that time, covered residential areas of Balboa Island
and Little Balboa Island.
2. When the Zoning Code was comprehensively updated in 2010, the prohibition on
residential condominium development and conversions in the R -BI Zoning District (the
successor to the R -1.5 Zoning District) was inadvertently omitted.
3. In the R -BI Zoning District on Balboa Island and Little Balboa Island, the historic
pattern of development consists of one (1) primary dwelling unit on a parcel and the
addition of a small apartment accessory dwelling unit. This development pattern
contributes to the unique character of Balboa Island and Little Balboa Island.
16 -3
City Council Ordinance No. 2015 -_
Page 2 of 3
4. Residential condominium development and conversions are not consistent with the
smaller lot sizes and historic pattern of development in the R -BI Zoning District on
Balboa Island and Little Balboa Island.
5. General Plan Land Use Element Policy LU 1.1 calls for the maintenance and
enhancement of the beneficial and unique character of the different neighborhoods,
business districts, and harbor that together identify Newport Beach.
6. Reinstating the prohibition on residential condominiums in the R -BI District would
assist in maintaining the beneficial and unique character of Balboa Island and Little
Balboa Island, pursuant to General Plan Land Use Element Policy LU 1.1.
THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS
FOLLOWS:
Section 1: Table 2 -1 within Section 20.18.020 (Residential Zoning Districts Land Uses and
Permit Requirements) of the Newport Beach Municipal Code is hereby amended in part to read
as follows with all other provisions of Section 20.18.020 remaining unchanged:
Land Use
See Part 7 of this title for land use
R -BI
RM
Specific Land
R -A
R -1 **
Use
definitions.
R -2
RMD
Regulations
See Chapter 20.12 for unlisted uses.
Two -Unit Dwellings
P(1)
P
Section
20.48.180
' 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).
Includes R -1- 6,000, R- 1- 7,200, and R- 1- 10,000.
(1) Condominium projects and condominium conversions are not permitted in the R -BI Zoning District.
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: This action shall become final and effective thirty (30) days after the adoption of
this Ordinance.
Section 4: The Mayor shall sign and the City Clerk shall attest to the passage of this
Ordinance. The City Clerk shall cause this ordinance, or a summary thereof, to be published
pursuant to Charter Section 414.
16 -4
City Council Ordinance No. 2015 -_
Page 3 of 3
This Ordinance was introduced at a regular meeting of the City Council of the City of Newport
Beach held on the 10 "' day of March. 2015, and adopted on the 24"' day of March, 2015, by
the following vote, to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT. COUNCIL MEMBERS
MAYOR
Edward D. Selich
ATTEST:
Leilani Brown, City Clerk
APPROV AS TO FORM,
CITY ATTORNEY'S QFFICE:
C. Harp, City Attorney
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ATTACHMENT CC 2
NEWPORT BEACH PLANNING COMMISSION MINUTES
1/22/15
Mosher expressed concerns regarding expansion of the airport and suggested corrections to the Conditions
of A royal.
Ali Solt%num licant, responded to questions from the Commission regarding landscaping, proposed signage
and the r of va ns allowed on the property.
Chair Tucker closed public comments.
Mr. Zbeda reported that ff has not received any public inquiry regarding this item.
Motion made by Vice Chair mer and seconded by Chair Tucker to adopt Resolution No. 1968 approving
Conditional Use Permit No. UP 4 -040 with an added Condition of Approval relating to adding landscaping
enhancements and striking the wor "either" on Condition No. 19 and replace it with the word "be ".
AYES:
Hillgren, Koetting, ramer and Tucker
NOES:
None
ABSTENTIONS:
None
ABSENT:
Brown and Lawler
RECUSED:
Myers
ITEM NO.4 SESSIONS SANDWICHES ABC LICENS A2014.153)
2823 Newport Boulevard
The aforementioned item was continued to the Planning Commission eeting of February 19, 2015, per the
applicant's request and Planning Commission motion under Requests fo ontinuance.
Secretary Myers returned to the Chambers and took his place on the dais.
Items No. 7, 8 and 9 were heard at this juncture at the request of Chair Tucker. \
ITEM NO. 5 BALBOA ISLAND RESIDENTIAL CONDOMINIUM PROHIBITION CODE AMENDMENT
(PA2014 -170)
Balboa Island / Little Balboa Island
Chair Tucker recused himself from hearing this matter due to ownership of a house on Little Balboa Island, and
departed the Chambers.
Planning Program Manager Patrick Alford provided details of the staff report addressing a description of the item,
restoring the prohibition that was inadvertently omitted during the last Zoning Code update, validity of the
grounds for the prohibition and recommendations. Additionally, he addressed existing condominiums, which
would again become non- conforming and noted that staff does not feel that the restrictions for nonconforming
land uses would not apply in this case and noted that the effects of the amendment will be minimal.
Discussion followed regarding why it took so long to discover the omission.
Vice Chair Kramer opened public comments.
Jim Mosher requested clarification regarding the two non - conforming units.
Vice Chair Kramer closed public comments.
Discussion followed regarding applicability to the Commercial District and noticing efforts provided for this matter.
Vice Chair Kramer indicated he is in favor of the resolution adding that it preserves the unique character of
Balboa Island.
Page 3 of 5
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ra
NEWPORT BEACH PLANNING COMMISSION MINUTES
1/22/15
Motion made by Vice Chair Kramer and seconded by Secretary Myers to adopt Resolution No. 1969
recommending City Council approval of Code Amendment CA2014 -007.
AYES:
Hillgren, Koetting, Kramer and Myers
NOES:
None
ABSTENTIONS:
None
ABSENT:
Brown and Lawler
RECUSED:
Tucker
STAFF AND COMMISSIONER ITEMS
ITEM NO. 6 MOTION FOR RECONSIDERATION - None
NO. 7 COMMUNITY DEVELOPMENT DIRECTOR'S REPORT
1. Update on the General Plan /Local Coastal Program Implementation Committee
Deputy Comm ity Development Director Wisneski provided an update on the General Plan /Local Coastal
Program Implem ation Committee noting that it met for a short meeting in January. She stated that four
workshops will be he in February and March focusing on specific areas of the Coastal Zone. The item will be
presented to the Plannin Commission in April.
Commissioner Hillgren noted ttw need for improved communication relative to committee meetings.
It was noted that the next Committee`Reeting will follow the second City Council meeting in February.
Discussion followed regarding the timelineXd approval of marketing materials.
2. Update on City
Ms. Wisneski reviewed items discussed and acted upo at recent City Council meetings as well as items to be
considered during upcoming meetings. She added that th are no items for the Planning Commission agenda
for its February 5th meeting and therefore, requested adjourning the meeting to the meeting of February 19th.
ITEM NO. 8 ANNOUNCEMENTS ON MATTERS THAT T PLANNING COMMISSION MEMBERS
WOULD LIKE PLACED ON A FUTURE AGEN FOR DISCUSSION, ACTION, OR
REPORT
Commissioner Koetting commented positively on staff's summary of the Mariner Mile Charrette and suggested
that a presentation be made regarding the findings, to the Planning Commission at uture meeting.
ITEM NO.9 REQUESTS FOR EXCUSED ABSENCES - None
ADJOURNMENT
There being no further business to come before the Planning Commission, the meeting was adl rued at
7:25 p.m. to the Planning Commission meeting of February 19, 2015.
Page 4 of 5
16 -7
ATTACHMENT CC 3
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
January 22, 2015 Meeting
Agenda Item 5
SUBJECT: Balboa Island Residential Condominium Prohibition Code Amendment
(PA2014 -170)
Code Amendment No. CA2014 -007
APPLICANT: City of Newport Beach
PLANNER: Patrick Alford, Planning Manager
(949) 644 -3235, palford @newportbeachca.gov
PROJECT SUMMARY
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
1) Conduct a public hearing; and
2) Adopt Resolution No. recommending City Council approval of Code
Amendment CA2014 -007 (Attachment No. PC 1).
On June 9, 1997, the City Council adopted Ordinance No. 97 -20, which amended the
Zoning Code to prohibit residential condominium development and conversions in the
R -1.5 Zoning District, which, at that time, covered residential areas of Balboa Island and
Little Balboa Island (Attachment No. PC 2).
Ordinance No. 97 -20 was adopted out of concern that the residential condominium
development and conversions were not consistent with the lot sizes and historic pattern
of development in the R -1.5 Zoning District. Generally, the pattern of development
consists of one primary dwelling unit on a parcel and the addition of a small apartment
accessory dwelling unit. This development pattern was considered well- suited to the
smaller -sized lots in the R -1.5 District.
When the Zoning Code was comprehensively updated in 2010, the prohibition on
residential condominium development and conversions in the R -BI Zoning District (the
successor to the R -1.5 Zoning District) was inadvertently omitted. Condominium
conversions continued to be prohibited due to a parallel regulation in the Subdivision
Code (Attachment No. PC 3). However, new residential condominium developments are
currently permitted in the R -BI Zoning District.
1
16 -8
BI Condos
January 22, 2015
Page 2
The City Council initiated the code amendment on November 12, 2014.
DISCUSSION
The Proposed Amendment
The proposed amendment would add a note to Table 2 -1 of Section 20.18.020
(Residential Zoning Districts Land Uses and Permit Requirements) of the Zoning Code,
stating that condominium projects and condominium conversions are not permitted in
the R -BI Zoning District. The proposed change to this table is provided in "Exhibit A" of
the draft resolution (Attachment No. PC 1).
R} Ri
�
11 - R]
Y t p
R1
OS ¢'� WPlE0.PFa
v9i h' -Ci
55
Figure 1 Location of the R -BI Zoning District (appears in light brown)
Analysis
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W
- R 81 _ayln
0.BI i` M1P�I
RBI RBI RBI
ew -vrz
R.ol R:.1 R -91
R uxe I_ µPc.
R.RI- B}REI,
R BI (
PF RBI B, 'i�VEn P'RI
'�R BI RBI Y �RBI
RR
P 9
FIRM,
m
General Plan Land Use Element Policy LU 1.1 calls for maintaining "the beneficial and
unique character" of neighborhoods:
LU 1.1 Unique Environment
Maintain and enhance the beneficial and unique character of the different
neighborhoods, business districts, and harbor that together identify
Newport Beach. Locate and design development to reflect Newport
Beach's topography, architectural diversity, and view sheds.
2
16 -9
BI Condos
January 22, 2015
Page 3
As the primary/accessory dwelling unit development pattern is seen as contributing to
the unique character of Balboa Island and Little Balboa Island, reinstating the prohibition
on residential condominium is an appropriate method of maintaining the quality of the
neighborhood.
The R -BI Zoning District is applied to 1,332 lots on Balboa Island and Little Balboa
Island. While there are approximately 2,170 dwelling units on these R -BI lots, only two
(2) are condominiums. These condominiums were created through a conversion project
approved prior to the adoption of Ordinance No. 97 -20. If this amendment is adopted,
these units would again be classified as nonconforming uses, as they would not
conform to a land use regulation. The Zoning Code does not permit nonconforming
residential uses to be "expanded, increased, or intensified." However, because the
fundamental land use (i.e., a two -unit dwelling) would not change, staff has determined
that this would not prohibit future remodels and additions.
As this code amendment only applies to the R -BI Zoning District, condominium
development would continue to be permitted in Balboa Island's mixed -use zoning
district: the MU -W2 (Mixed -Use Water) Zoning District located along Marine Avenue
and Agate Avenue. Although, as of this time, no condominiums currently exist in these
areas and none are proposed.
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.
PUBLIC NOTICE
Notice of this amendment was published in the Daily Pilot as an eighth page
advertisement, consistent with the provisions of the Municipal Code. Additionally, the
item appeared on the agenda for this meeting, which was posted at City Hall and on the
City website and a notice of this item was mailed to the Balboa Island Improvement
Association, Little Balboa Island Property Owner Association, and Balboa Island
Business Association.
3
16 -10
Prepared by: Submitted by:
L —/
Patrick J. Alford, Planning Program Manager &na
ATTACHMENTS
PC 1 Draft Resolution
PC 2 Ordinance No. 97 -20
PC 3 Subdivision Code Section 19.64.030
BI Condos
January 22, 2015
Page 4
, Deputy Director
4 1s -11
Attachment No. PC 1
Draft Resolution for Approval
S
16 -12
L`®
w
16 -13
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH RECOMMENDING CITY COUNCIL
ADOPTION OF CODE AMENDMENT NO. CA2014 -007
AMENDING TITLE 20 (ZONING CODE) OF THE NEWPORT
BEACH MUNICIPAL CODE TO PROHIBIT RESIDENTIAL
CONDOMINIUM PROJECTS IN THE R -BI ZONING DISTRICT
(PA2014 -170)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. On November 12, 2014, the City Council initiated an amendment of the Zoning Code that
would prohibit residential condominium projects in the R -BI Zoning District on Balboa Island
and Little Balboa Island.
2. A public hearing was held on January 22, 2015, in the Council Chambers at 100 Civic
Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was
given in accordance with the Newport Beach Municipal Code. Evidence, both written and
oral, was presented to, and considered by, the Planning Commission at this meeting.
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
The code amendment 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.
61x01[•]► IBM 9fn Is] I►[eL-3
1. On June 9, 1997, the City Council adopted Ordinance No. 97 -20, which amended the
Zoning Code to prohibit residential condominium development and conversions in the R-
1.5 Zoning District, which, at that time, covered residential areas of Balboa Island and
Little Balboa Island.
2. When the Zoning Code was comprehensively updated in 2010, the prohibition on
residential condominium development and conversions in the R -BI Zoning District (the
successor to the R -1.5 Zoning District) was inadvertently omitted.
3. In the R -BI Zoning District on Balboa Island and Little Balboa Island, the historic pattern of
development consists of one (1) primary dwelling unit on a parcel and the addition of a
small apartment accessory dwelling unit. This development pattern contributes to the
unique character of Balboa Island and Little Balboa Island.
7 16 -14
Planning Commission Resolution No. ####
Paqe 2 of 3
4. Residential condominium development and conversions are not consistent with the
smaller lot sizes and historic pattern of development in the R -BI Zoning District on Balboa
Island and Little Balboa Island.
5. General Plan Land Use Element Policy LU 1.1 calls for the maintenance and
enhancement of the beneficial and unique character of the different neighborhoods,
business districts, and harbor that together identify Newport Beach.
6. Reinstating the prohibition on residential condominiums in the R -BI District would assist in
maintaining the beneficial and unique character of Balboa Island and Little Balboa Island,
pursuant to General Plan Land Use Element Policy LU 1.1.
NOW, THEREFORE, BE IT RESOLVED:
The Planning Commission of the City of Newport Beach hereby recommends approval of Code
Amendment No. CA2014 -007 as set forth in Exhibit "A."
PASSED, APPROVED AND ADOPTED THIS 22 "d DAY OF JANUARY, 2015.
AYES:
NOES: t*4x�'
ABSTAIN:
ABSENT:
BY: AOO
Larry Tucker, Cha'irmi
BY:
Jay Myers, Secretary
8
16 -15
Planning Commission Resolution No. ####
Paqe 3 of 3
EXHIBIT A
Code Amendment No. CA2014 -007
Table 2 -1 within of Section 20.18.030 (Residential Zoning Districts Land Uses and Permit
Requirements) of the Newport Beach Municipal Code is hereby amended to include the
following text with all other provisions of Section 20.42.090 remaining unchanged:
Two -Unit Dwellings
—
P (1)
p
Section
20.48.180
* 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).
** Includes R -1- 6,000, R -1- 7,200, and R- 1- 10,000.
R'A
9 16 -16
L`®
10
16 -17
Attachment No. PC 2
Ordinance No. 97 -20
11
16 -18
L`®
12
16 -19
�J
J
ORDINANCE NO. 97 -20
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
NEWPORT BEACH AMENDING TITLE 20 OF THE
MUNICIPAL CODE PROHIBITING CONDOMINIUM
DEVELOPMENT AND CONDOMINIUM CONVERSIONS IN
THE R -1'.5 DISTRICT (BALBOA ISLAND AND LITTLE
BALBOA ISLAND)
(PLANNING COMMISSION AMENDMENT NO. 853)
WHEREAS, Section 20.84.010 of the Municipal Code of the City of Newport
Beach provides that Title 20 (the Zoning Code) may be amended by changing provisions whenever
the public necessity and convenience and the public welfare require such amendment; and
WHEREAS, at its meeting of May 8, 1997, the Planning Commission adopted a
resolution recommending to the City Council the adoption of Amendment No. 853, amending
Chapter 20.93 of the Municipal Code prohibiting condominium development and condominium .
conversions in the R -1.5 District (Balboa Island and Little Balboa Island); and
WHEREAS, the Planning Commission has determined that the subject amendment
is exempt from the requirements of the California Environmental Quality Act under Class 5 (Minor
Alterations in Land Use Limitations); and
WHEREAS, on May 8, 1997, the Planning Commission of the City of Newport
Beach held a public hearing regarding Amendment No. 853; and
WHEREAS, on June 9, 1997, the City Council of the City of Newport Beach held
a duly noticed public hearing regarding this ordinance;
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of
Newport Beach does hereby ordain as follows:
® SEC.TION 1. That Section 20.83.015 of Title 20 of the Newport Beach
Municipal Code to read as follows:
13
16 -20
Ord 97 -20
20.83.015 Required Approvals
A. Condominium projects may be permitted in any district in which residential uses
are permitted, including planned communities, except within the R-1.5 District
(Balboa Island). In planned community districts, residential developments,
residential developments, all or part of which have been specifically designated as
condominium projects on the approved planned community development plan,
shall be permitted in accordance with the provisions of said plan.
B. Condominium conversions shall be similarly permitted in any district in which
residential uses are permitted, except within the R -1.5 District (Balboa Island),
subject to securing a modifications permit in accordance with the provisions of
Chapter 20.93.
C. The approval of a tentative and final tract map or parcel map shall be required for
all new condominium projects in accordance with Title 19 of the Municipal Code.
D. The approval of a tentative and final tract map or parcel map shall be required for
all new condominium projects, and for condominium conversion projects
containing 5 or more units in accordance with Title 19, of the Newport Beach
Municipal Code.
E. No persons shall construct a new condominium development, or convert an
existing residential use to a condominium, within the City of Newport Beach
without first complying with the provisions of this chapter. If it is determined
that a parcel map or tentative map and final map is required for a condominium
conversion, the map shall not be required to be filed until a modification permit
has been approved in accordance with the provisions of Section 20.83.015. This
however, shall not preclude the concurrent processing of the map and the
modification permit.
SECTION 2. The Mayor shall sign and the City Council shall attest to the passage
of this Ordinance. This Ordinance shall be published. once in the official newspaper of the City,
and the same shall become effective thirty (30) days after the date of its adoption.
SECTION 3. The Planning Director of the City of Newport Beach is also hereby
instructed and directed to apply all of the, provisions of said District Regulations as described
herein, the same shall be in full force and effect and be a part of Title 20 of the Newport Beach
• Municipal Code.
2
14
16 -21
Ord. 97 -20
SECTION 4. This Ordinance was introduced at a regular meeting of the City
0 Council of the City of Newport Beach held on the 27th- day of May. 1997, and was adopted on the
9th day of .Tune 1997, by the following vote, to wit:
EI
ATTEST:
CITY CLERK
l A
AYES, COUNCIL MEMBERS O'NEIL, THOMSON, EDWARDS,
HEDGES, GLOVER, NOYES', MAYOR DEEAY
NOES, COUNCIL MEMBERS NONE
ABSENT COUNCIL MEMBERS NONE
MAYOR ,c-
3
F: \... \PLN\ICITYCNLV 997\0527\A853ORD.DOC
15
16 -22
E
STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
1, 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. 97 -20 was duly and regularly introduced before and adopted'by the
City Council of said City at a xegular meeting of said Council, duly and'xegularly held on.the 9th day
of June, 1997, and that the same was so passed and adopted by the following vote, to wit:
Ayes: O'Neil, Thomson, Edwards, Hedges, Glover, Noyes, and Mayor Debay
Noes: None
Absent: None
Abstain: None
official
(Seal)
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
Ith day of June, 1997.
..id? >1 I A, llv
City Clerk of the City of
Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE j ss.
CITY OF _NEWPORT BEACH 1
I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby
certify that Ordinance No. 97 -20 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: June 14, 1997.
In witness whereof, 'I have hereunto subscribed my name this 20th day of
June 1997.
City Clerk of the City of
Newport Beach, California
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Attachment No. PC 3
Subdivision Code Section 19.64.030
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Newport Beach Municipal Code Page 1/1
19.64.030 General Requirements.
A. Where Permitted. If approved under the provisions of this chapter and Title 20 (Zoning Code), residential
condominium conversions may be allowed in any district in which residential uses are permitted, including planned
communities, except within the R -1.5 District (Balboa Island). Nonresidential condominium conversions may be
allowed in any district in which such uses are permitted.
B. Subdivision Required. All condominium conversions subject to this chapter shall require approval of tentative
and final subdivision maps.
C. Review Responsibilities. Condominium conversions containing five or more dwelling units shall be reviewed
by the Planning Commission via a tentative tract map. Condominium projects or conversions containing four or
fewer dwelling units, or nonresidential property, shall be reviewed by the Zoning Administrator via a tentative
parcel map.
D. Applicable Standards. Condominium conversion projects shall conform to: (1) the applicable standards and
requirements of the zoning district in which the project is located at the time of approval per Title 20 (Zoning Code),
and (2) the applicable provisions of this title. (Ord. 2009 -30 § I (Exh. I § 7), 2009: Ord. 2001 -18 § 2 (Exh. ZA -1)
(part), 2001)
The Newport Beach Municipal Code is current through Ordinance 2014 -17, passed October 28, 2014.
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Planning Commission - January 22, 2015
Item No. 5a: Additional Materials Received
Balboa Island Residential Condominium Prohibition Code Amendment (PA2014 -170)
January 22, 2015, Planning Commission Agenda Comments
Comments on Newport Beach Planning Commission regular meeting agenda item submitted by:
Jim Mosher ( iimmosher(o)yahoo.com ), 2210 Private Road, Newport Beach 92660 (949- 548 - 6229).
Item No. 5: BALBOA ISLAND RESIDENTIAL CONDOMINIUM
PROHIBITION CODE AMENDMENT (PA2014 -170)
There appear to be several typographical errors in Exhibit A of the proposed resolution (page 3
of 3, handwritten page 9).
The table and section whose title is cited is Section 20.18.020 of the Zoning Code (not Section
20.18.030), and Section 20.42.090 contains what seem to be completely unrelated provisions
setting "Standards for Temporary Signs."
As a result, I suspect the introductory paragraph is intended to read:
"Table 2 -1 within of Section 29.18.039 20.18.020 (Residential Zoning Districts Land
Uses and Permit Requirements) of the Newport Beach Municipal Code is hereby
amended to include the following text with all other provisions of Section 200 -42.09
20.18.020 remaining unchanged:"
In addition, the reproduction of NBMC Section 19.64.030 on handwritten page 19 suggests that
code also needs to be amended to change the reference to "11-1.5" to read "R -BI" since
according to the staff report the "R -1.5" designation no longer exists.
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