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Home My WebLink About2015-5 - Approving an Amendment to Title 20 (Zoning Code) of the Newport Beach Municipal Code to Prohibit Residential Condominium Projects in the R-BI Zoning DistrictORDINANCE 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 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. City Council Ordinance No. 2015 -5 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 11. 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 definitions. R -A R -1 �� R -2 RMD Use See Chapter 20.12 for unlisted uses. Regulations 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 -131 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. City Council Ordinance No. 2015 -5 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 10th day of March, 2015, and adopted on the 24th day of March, 2015, by the following vote, to wit: AYES, COUNCIL MEMBERS Peotter, curry, Duffield, Muldoon Dixon, Mayor Selich NOES, COUNCIL MEMBERS Nnna ATTEST: Leilani I. Brown City Clerk APPROVED AS TO FORM, OFFICE - F C,IT�Y- ATTORNEY: Aaron C. Harp City Attorney Edward D. Selich Mayor STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } I, Leilani I. Brown, 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. 2015 -5 was duly and regularly introduced on the 10th day of March, 2015, and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 24th day of March, 2015, and that the same was so passed and adopted by the following vote, to wit: AYES: Council Member Peotter, Council Member Curry, Council Member Duffield, Council Member Muldoon, Mayor Pro Tem Dixon, Mayor Selich NAYS: None ABSENT: Council Member Petros IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 25th day of March, 2015. ��!nl sC1 Foa� STATE OF CALIFORNIA } COUNTY OF ORANGE } CITY OF NEWPORT BEACH } 0Q, ok J, City Clerk City of Newport Beach, California (Seal) CERTIFICATE OF PUBLICATION ss. I, LEILANI I. BROWN, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2015 -5 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 dates: Introduced Ordinance: March 14, 2015 Adopted Ordinance: March 28, 2015 In witness whereof, I have hereunto subscribed my name this `� day of 2015. �Li Fo4 IUD — A City Clerk City of Newport Beach, California (Seal)