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HomeMy WebLinkAbout1474 - RECOMMEND APPROVAL GPA_DEVELOPMENT POLICY G _LAND USE ELEMENTRESOLUTION NO. 1474 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING APPROVAL TO THE CITY COUNCIL OF AN AMENDMENT TO DEVELOPMENT POLICY G OF THE LAND USE ELEMENT OF THE GENERAL PLAN [GENERAL PLAN AMENDMENT 98 -2 (B)] WHEREAS, Development Policy G of the Land Use Element of the General Plan relates to time -share developments; and WHEREAS, Policy G was drafted to address issues relating to the mismanagement, insufficient funds for maintenance and repair of visitor - serving accommodations; and WHEREAS, in 1996, the City of Newport Beach adopted a set of land use and property development regulations that addresses these and other issues; and WHEREAS, the discussion and implementation sections of Policy G needs to be revised to reflect these regulations; and WHEREAS, on July 9, 1998, July 23, 1998, and August 6, 1998 the Planning Commission of the City of Newport Beach held public hearings regarding this amendment; and WHEREAS, the public was duly noticed of the public hearing; and WHEREAS, pursuant to the California Environmental Quality Act, it has been determined that the proposed amendment is categorically exempt under Class 5, minor alterations in land use limitations. NOW THEREFORE BE IT RESOLVED, that the Planning Commission of the City of Newport Beach does hereby recommend that the City Council of the City of Newport Beach approve General Plan Amendment 98 -2 (B) to read as follows: Policy G. Restrict certain types of land use conversions or forms of ownership which, by their nature, reduce available housing, are incompatible with residential uses, or present police, health, or safety problems. DISCUSSION As more fully discussed in the Housing Element, the City has a duty to provide housing for all economic segments of the community. A large proportion of the City's low -and moderate - income housing stock is in the form of multi - family rental units. Given the high cost of land in the City of Newport Beach there is economic pressure to convert rental units to condominium or cooperative form of ownership. In the absence of regulations, it is likely that the existing multi - family rental stock would suffer substantial reductions. Certain forms of ownership, by their nature, present unique issues. Time -share projects differ in many aspects from other transient visitor facilities in types of construction, forms of ownership, patterns of use, occupancy, and commercial management. These unique features can have effects on both the area immediately adjacent to the time -share and the City as a whole. Another significant issue involves the loss of Transient Occupancy Tax (TOT) revenues associated with time -share development or conversions. Consequently, special land use and property development regulations for time -share developments are necessary. IMPLEMENTATION Maintain the restrictions on conversions of multi - family dwellings to a condominium form of ownership unless the vacancy rate of rental units within the City of Newport Beach exceeds 5 %. 2. Time -share projects shall address potential impacts to adjacent properties during the marketing phase of the project. 3. Time -share projects shall guarantee the future adequacy, stability, and continuity of a satisfactory level of management and maintenance of a time -share project. 4. Time -share projects shall be approved only in conjunction with a development agreement and pursuant to terms which do not adversely impact the City's fiscal ability to provide a high level of municipal services. m 1:3 ADOPTED this 6th day of August 1998, by the following vote, to wit: A. Fuller, Secretary AYES Adams, Ashley, Fuller, Gifford, Kranzley, Ridgeway, Selich NOES ABSENT Gifford