HomeMy WebLinkAbout20 - Balboa Island CondoCITY OF
F NEWPORT REACH
City Council Staff Report
November 12, 2014
Agenda Item No. 20
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Kimberly Brandt, Community Development Director — (949) 644 -3226,
kbrandt@newportbeachca.gov
PREPARED BY: Patrick J. Alford, Planning Program Manager
PHONE: (949) 644 -3235
TITLE: Balboa Island Residential Condominium Prohibition Code Amendment Initiation
ABSTRACT:
Initiation of an amendment to the Zoning Code to prohibit residential condominium projects on Balboa
Island and Little Balboa Island.
RECOMMENDATION:
a) Find this action is exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section
15262 of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3; and
b) Initiate an amendment to Title 20 to prohibit residential condominium projects on Balboa Island and
Little Balboa Island.
FUNDING REQUIREMENTS:
There is no direct fiscal impact related to this item.
DISCUSSION:
On June 9, 1997, the City Council adopted Ordinance No. 97 -20, amending the Zoning Code to prohibit
new residential condominium development and condominium conversions in the R -1.5 Zoning District,
which, at that time, covered residential areas of Balboa Island and Little Balboa Island.
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 unit. This development pattern was considered well- suited to the
smaller -sized lots in the R -1.5 District.
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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
Title 19 (Subdivision Code). However, new residential condominium development is currently permitted in
the R -BI Zoning District.
The reasoning behind the prohibition of new residential condominium development on Balboa Island and
Little Balboa Island still remains valid. Therefore, staff recommends that the City Council initiate an
amendment to the Zoning Code to restore the prohibition on new residential condominium development
and condominium conversions in the R -BI Zoning District.
ENVIRONMENTAL REVIEW:
This action is exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Sections 15262
(feasibility and planning studies) of the State CEQA Guidelines, California Code of Regulations, Title 14,
Chapter 3, because the initiation of the Municipal Code Amendment is not the adoption of a legally binding
plan or regulation and merely directs staff to analyze the suggested amendments and present a
recommendation for future action. Environmental analysis will be performed consistent with CEQA prior to
acting on any proposed code amendment.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at
which the City Council considers the item).
As a courtesy, letters were sent to the Balboa Island Improvement Association, Little Balboa Island
Property Owner Association, and Balboa Island Business Association advising them of the proposed
ordinance and this meeting.
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