HomeMy WebLinkAbout97-20 - 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)u
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:
• SECTION 1. That Section 20.83.015 of Title 20 of the Newport Beach
Municipal Code to read as follows:
•
•
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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.
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Ord 97 -20
SECTION 4. This Ordinance was introduced at a regular meeting of the City
• Council of the City of Newport Beach held on the 27th- day of MaL 1997, and was adopted on the
9th day of .Tune 1997, by the following vote, to wit:
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ATTEST:
CITY CLERK
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AYES, COUNCIL MEMBERS O'NEIL, THOMSON, EDWARDS,
HEDGES, GLOVER, NOYES, MAYOR DEBAY
NOES, COUNCIL MEMBERS NONE
ABSENT COUNCIL MEMBERS NONE
MAYOR
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STATE OF CALIFORNIA }
COUNTY OF ORANGE } ss.
CITY OF NEWPORT BEACH }
I, 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 regular meeting of said Council, duly and regularly 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 of
(Seal)
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
this 10th day of June, 1997.
D�a MAO"
BYO"
City Clerk of the City of
Newport Beach, California
CERTIFICATE OF PUBLICATION
STATE OF CALIFORNIA )
COUNTY OF ORANGE
CITY OF NEWPORT BEACH )
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