HomeMy WebLinkAbout96-33 - Prohibiting for Forty-Five Days the Approval of Residential Condominium Conversions in the R1.5 Zoning District (Balboa Island)ORDINANCE NO., 96 -33,
AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH PROHIBITING FOR FORTY -FIVE DAYS THE
APPROVAL OF RESIDENTIAL CONDOMINIUM CONVERSIONS IN THE R1.5
ZONING DISTRICT (BAILBOA 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. Pursuant to Sections 65858 (b) and 65090 of the Government Code, notice
was published in the Daily Pilot on July 31, 1996, advising the public of a City Council
public hearing to consider this Ordinance at its regular meeting of August 12, 1996.
C. The City has concern that the conversion of existing duplexes in the R1.5
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 R1.5 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 R1.5 District is located, is an isolated area of the City, which is
Ord. No. 96 -33
unique in its lack of any off - street public parking, and increased parking demand to
support intensified residential use must be carefully considered.
D. 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.
SECTION 2: Prohibitions.
No residential condominium conversions shall be approved in the R1.5 Zoning
District during the term of this Ordinance.
SECTION 3: Planning Study.
The Planning Department is hereby directed to work with a committee of Balboa
Island property owners and residents to study the impacts of residential condominium
conversions on surrounding neighborhoods in the R1.5 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 but in no
event more than forty -five days after the date of this Ordinance.
SECTION 4: CEOA 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. No. 96 -33
SECTION 5• Term.
This Ordinance shall become effective immediately upon its adoption, and shall
remain in effect for a period of forty -five (45) days 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 12thday of August , 1996,
by the following vote:
ATTEST:
CI e� /1). J l a'4 �.
CITY CLERK
AYES, COUNCILMEMBERS: HEDGES, DEBAY,
GLOVER, EDWARDS, WATT, O'NEIL, COX
NOES, COUNCILMEMBERS: NONE
ABSENT COUNCILMEMBERS: NONE
MAYOR �jj
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