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HomeMy WebLinkAbout2005-12 - Amending Section 19.64.070 of Title 19 (Subdivision Code) Related to the Parking Standards for Condominium Conversions [Code Amendment No. 2005-001].ORDINANCE 2005 -12 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AMENDING SECTION 19.64.070 OF TITLE 19 (SUBDIVISON CODE) RELATED TO THE PARKING STANDARDS FOR CONDOMINIUM CONVERSIONS. [CODE AMENDMENT NO. 2005 -0011 WHEREAS, in 1994, the City Council adopted amendments to the condominium conversions standards of Title 19 in an effort to facilitate the conversion of smaller rental units to potential affordable ownership units, and while maintaining a balance of rental and ownership opportunities; and WHEREAS, the amendments to the condominium conversion standards were anticipated to increase home ownership which eventually would improve the visual character of the area by providing a greater sense of pride in ownership and a vested interest in the maintenance of the property; and WHEREAS, per the request of the City Council, on November9, 2004, the Planning Department presented a status report on condominium conversions and the effects thatthe 1994 changes had on structures throughout the City; and WHEREAS, the City Council determined that the desired effects of the original objectives of the 1994 Code Amendment may not have been achieved; and WHEREAS, the City Council directed the Planning Department to prepare a study analyzing various amendment options to Section 19.64.070 (Standards for Condominium Conversions) of Title 19 specifically related to the minimum off - street parking standards required for proposed conversions; and WHEREAS, the City Council on June 28, 2005, held duly noticed public hearings regarding this code amendment; and WHEREAS, the current condominium conversion regulations require a project to comply with the minimum number of off - street parking spaces that were required at the time of original construction, provided there is a minimum of 1 covered space per dwelling unit; and WHEREAS, by maintaining the current minimum parking regulations for condominium conversion projects consisting of 3 units or greater, the City risks preserving older non - conforming housing stock that is more reliant on street parking and constructed to older building code standards; and WHEREAS, the proposed action is not defined as a project under the California Environmental Quality Act (CEQA) because it involves general policy and procedure making activities not associated with a project or a physical change in the environment (Section 15378 of the CEQA Guidelines). THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Title 19 (Subdivision Code) of the Newport Beach Municipal Code shall be amended to revise Section 19.64.070.A as follows: "A. Off - Street Parking Requirements 1. Residential Conversions. The minimum number, and the design and location, of off - street parking spaces shall be provided in conformance with the provisions of Chapter 20.66 of the Municipal Code (Off - Street Parking and Loading Regulations) in effect at the time of approval of the conversion. Exception: For duplexes within the R -2 District, the minimum number of off - street parking spaces that were required at the time of original construction shall be provided on the same property to be converted to condominium purposes. Under no circumstance shall there be less than one covered parking space per dwelling unit. 2. Nonresidential Conversions. The number of off - street parking spaces that were required at the time of original construction shall be provided on the same property to be converted to condominium purposes, and the design and location of such parking shall be in conformance with the provisions of Chapter 20.66 of the Municipal Code (Off - Street Parking and Loading Regulations)." All other provisions of Chapter 19.64 shall remain unchanged. SECTION 2: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the 2 City, and the same shall become effective ninety (90) days after the date of its adoption. SECTION 3: Any condominium conversion application deemed complete by the effective date of this Ordinance shall not be subject to this amendment. This Ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach held on June 28, 2005, and adopted on the 26th day of July 2005, by the following vote, to wit: AYES, COUNCIL MEMBERS Selich, Webb, Daigle, Nichols, Mayor Heffernan NOES, COUNCIL MEMBERS ABSTAIN, COUNCIL MEMBERS Rosansky, Ridgeway ABSENT, COUNCIL MEMBERS Xa 6-x�' /t CITY CLERK STATE OF CALIFORNIA } COUNTY OF ORANGE } as. 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. 2005 -12 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 26th day of July 2005, and that the same was so passed and adopted by the following vote, to wit: Ayes: Selich, Webb, Daigle, Nichols, Mayor Heffernan Noes: None Absent: None Abstain: Rosansky, Ridgeway IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 27th day of July 2005. City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE } as. CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2005 -12 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: July 30, 2005. In witness whereof, I have hereunto subscribed my n me this / 1 dd�ay of c . 2005. ��� City Clerk City of Newport Beach, California