HomeMy WebLinkAbout96-41 - Extending A Moratorium Prohibiting the Approval of Residential Condominium Conversions in the R-1.5 Zoning District (Balboa Island)ORDINANCE NO. 96- 41
AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NEWPORT BEACH EXTENDING A
MORATORIUM PROHIBITING THE APPROVAL OF
RESIDENTIAL CONDOMINIUM CONVERSIONS IN THE R -1.5
ZONING DISTRICT (BALBOA ISLAND)
• The City Council of the City of Newport Beach does hereby ordain as follows:
SECTION 1: Findings.
The City Council finds and declares as follows:
A. The City Council is authorized, pursuant to provisions of City Charter and Section
65858 of the Government Code, to adopt a temporary prohibition on the issuance of permits for,
or the establishment of, land uses which may be in conflict with contemplated zoning ordinances
which the legislative body, planning commission or planning department intends to study within
a reasonable time.
B. The City has concern that the conversion of existing duplexes in the R -1.5 Zoning
District to condominiums is not consistent with the lot sizes and historic pattern of development
• in the district. For the most part, development has consisted of one primary dwelling unit on a
parcel, with the addition of a small apartment unit on some parcels. This pattern is well suited to
the lot sizes in the R -1.5 District, which are smaller than in other areas of the City. In this
environment, the conversion of residential units to condominiums has the potential to increase
the intensity of use in the district by converting units designed for accessory or occasional use to
primary units under separate ownership. This intensity of use is beyond that anticipated by the
historic pattern of development and may be beyond that which the district can accommodate
without adverse impacts. Of particular concern is the ability to convert properties that do not
have the number of parking spaces required for new residential development under current
regulations, and the resulting impact on the surrounding neighborhood when residential use is
• intensified through conversion to condominium ownership. Balboa Island, on which all of the
R -1.5 District is located, is an isolated area of the City, which is unique in its lack of any off-
street public parking, and increased parking demand to support intensified residential use must be
carefully considered.
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Ord. 96 -41
C. This Ordinance is deemed necessary as an emergency measure for preserving the
public safety, health and welfare in that:
1. Failure to study the potential impacts of condominium conversions on the
surrounding neighborhood could result in the approval of conversions that, individually
• or cumulatively, intensify residential use beyond that which the area can accommodate,
thereby reducing the desirability of the neighborhood for single family residential uses
and adversely impacting both property values and commercial operations in the vicinity.
2. The conversion of property to condominium ownership is not reversible by City
action, and any adverse impacts resulting therefrom are likely to be long -term.
D. The hearing on the extension of this Ordinance was noticed in accordance with
the provisions of Section 65090 of the California Government Code, as required by Section
65858(a) of that Code.
E. On September 9, 1996, the City Council received a report on the measures taken
to alleviate the condition which led to the adoption of the Ordinance as required by Section
65858(d) of the California Government Code.
•
SECTION 2: Prohibitions.
No residential condominium conversions shall be approved in the R -1.5 Zoning District
during the term of this Ordinance.
SECTION 3: Planning Study.
The Planning Department is hereby directed to continue the study of the impacts of
residential condominium conversions on surrounding neighborhoods in the R -1.5 Zoning
District, to evaluate whether such conversions intensify residential use beyond that which the
area can accommodate, and to report its findings to the City Council as soon as possible. The
Planning Department also is directed to coordinate with and seek input from the Balboa Island
Improvement Association in the course of this study.
• SECTION 4: CEQA Compliance.
The City Council determines that this Ordinance is "categorically exempt' from the
California Environmental Quality Act as a Class 5 project as defined in the CEQA Guidelines.
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Ord. 96 -41
SECTION 5• Term.
This Ordinance shall become effective immediately upon its adoption, and shall remain in
effect for a period of nine (9) months and one (1) day thereafter unless earlier terminated or
repealed, or extended, by ordinance of the City Council.
• SECTION 6: Severability.
The City Council hereby declares that 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, sentence, clause or phrase hereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses or phrases may be declared unconstitutional.
SECTION 7:
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 within
• fifteen (15) days after its adoption.
•
This Ordinance was adopted as an urgency measure at a regular meeting of the City
Council of the City of Newport Beach held on the 23rd day of Sept. 1996, by the
following vote:
ATTEST:
AYES, COUNCILMEMBERS: HEDGES, DEBAY,
GLOVER EDWARDS, WATT, O'NEIL, COX
NOES, COUNCILMEMBERS: NONE
ABSENT COUNCILMEMBERS: NONE
MAYOR
CITY CLERK
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