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HomeMy WebLinkAbout1969 - BALBOA ISLAND CONDOMINIUMS - 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 - 1 Citywide Project RESOLUTION NO. 1969 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. 1969 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 22nd DAY OF JANUARY, 2015. AYES: HILLGREN, KOETTING, KRAMER AND MYERS NOES: ABSTAIN: ABSENT: BROWN AND LAWLER RECUSED: TUCKER BY: 44 J,4�� rr -T hair P Eva- BY: J vyolte retary Planning Commission Resolution No. 1969 Page 3 of 3 EXHIBIT A Code Amendment No. CA2014-007 Table 2-1 within of Section 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 20.42.090 remaining unchanged: Two-Unit Dwellings P(1) P Section 20.48 18 * 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 condomhniwm conversions are not permitted in the R-BI Zoning District.