HomeMy WebLinkAbout5.0 - BALBOA ISLAND RESIDENTIAL CONDOMINIUM PROHIBITION CODE AMENDMENT - PA2014-170 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).
INTRODUCTION
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.
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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).
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Analysis
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.
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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.
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January 22, 2015
Page 4
Prepared by: Submitted by:
Patrick J. Alford, Planning Program Manager +nasnes i, ICP, Deputy Director
ATTACHMENTS
PC 1 Draft Resolution
PC 2 Ordinance No. 97-20
PC 3 Subdivision Code Section 19.64.030
Attachment No. PC 1
Draft Resolution for Approval
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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.
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.
Planning Commission Resolution No. ####
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.
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:
ABSTAIN:
ABSENT:
BY:
Larry Tucker, Chairman
BY:
Jay Myers, Secretary
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Planning Commission Resolution No. ####
Page 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 — PW 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 mud condominium conversions are not pertained in the R-BI Zo istrict,
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20
Attachment No. PC 2
Ordinance No. 97-20
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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 Commissionhas determinedthat 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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1-4
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 May. 1997,and was adopted on the
9th day of .Tune 1997,by the following vote,to wit:
AYES,COUNCIL MEMBERS O'NEIL, THOMSON, EDWARDS,
HEDGES, GLOVER, NOYES, MAYOR DEBAY
NOES,COUNCIL MEMBERS NONE
ABSENT COUNCIL MEMBERS NONE
• MAYOR
�fti'�JF�R
T
ATTEST:
1a
CITY CLERK
F:\...\PLN\ICITYCNL\199T0527\A853ORD.DOC
•
3
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 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
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of sai City this 10th day of June, 1997.
• City Clerk of the City of
Newport Beach, California
(Seal) Fp:R ..
CERTIFICATE OF PUBLICATION
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 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 § 1 (Exh. 1 § 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),vahoo.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 20 039 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 20.42.09
20.18.020
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 "R-1.5" to read "R-BI" since
according to the staff report the "R-1.5" designation no longer exists.