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HomeMy WebLinkAbout2005-19 - Amending Section 19.64.070 of Title 19 (Subdivision Code) Related to the Minimum Parking Standards for the Conversion of a Duplex to Condominiums (Code Amendment No. 2005-008).ORDINANCE 2005 -19 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 MINIMUM PARKING STANDARDS FOR THE CONVERSION OF A DUPLEX TO CONDOMINIUMS (CODE AMENDMENT NO. 2005 -008). WHEREAS, in 1994, the City adopted amendments to condominium conversion standards to promote home ownership in an effort to facilitate a revitalization of the West Newport area; and WHEREAS, on June 28, 2005 the City Council determined that the desired effects of the 1994 condominium conversion amendments were not being achieved as home ownership in West Newport was not increased significantly; and WHEREAS, by maintaining a minimum parking standard for the conversion of duplexes that is less than current standards (2 spaces per unit with 1 being covered), 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 Planning Commission on August 4, 2005, held noticed public meeting regarding increasing the minimum parking required for the conversion of a duplex to condominiums, and at the conclusion of the meeting, the Planning Commission voted unanimously to recommend approval of an amendment to Title 19 to increase the minimum parking for duplex conversions to 2 spaces per unit with one being covered; and WHEREAS, the City Council on September 27, 2005, held noticed public meeting regarding this Code Amendment; and WHEREAS, The City Council finds converting multi - family housing, including duplexes, that does not provide parking identical to that required of new construction effectively preserves older nonconforming housing stock that is more reliant upon street parking. Preserving older nonconforming housing stock in this fashion is not in the long term best interest of the community; 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 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. 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 City, and the same shall become effective one - hundred eighty (180) days afterthe date of its adoption. SECTION 3: Any condominium conversion application for the conversion of a duplex 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 September 27, 2005, and adopted on the 11th day of October, 2005, by the following vote, to wit: MAY CITY CLERK AYES; Selich, Webb, Ridgeway, Mayor Heffernan NOES; Daigle ABSENT; None. ABSTAIN Rosansky, Nichols 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 the whole number of members of the City Council is seven; that the foregoing ordinance, being Ordinance No. 2005 -19 as 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 11th day of October 2005, and that the same was so passed and adopted by the following vote, to wit: Ayes: Selich, Webb, Ridgeway, Mayor Heffernan Noes: Daigle Absent: None Abstain: Rosansky, Nichols IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 12th day of October 2005. cUi. � City Clerk City of Newport Beach, California (Seal) 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. 2005 -19 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: October 15, 2005. In witness whereof, I have hereunto subscribed my name this day of J ' ^ 200, -j %��xorij (�7Y�✓a City Clerk City of Newport Beach, California