HomeMy WebLinkAbout1562 - APPROVE UP_1550 BAYSIDE DRIVERESOLUTION NO. 1562
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING USE PERMIT NO.
2002 -016 (PA2002 -077) FOR PROPERTY LOCATED AT 1550
BAYSIDE DRIVE
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS,
RESOLVES AND ORDERS AS FOLLOWS:
Section 1. An application was filed by Mr. Arthur Yelsey with respect to property located at
1550 Bayside Drive, and legally described as Parcel 1 of Parcel Map No. 279 -27 (Resubdivision 979),
requesting approval of Use Permit No. 2002 -016 that would authorize the submitted request for a waiver
of the off - street parking requirements associated with converting an existing outdoor patio into a sunroom.
Section 2. A public hearing was held on June 20, 2002 in the City Hall Council Chambers,
3300 Newport Boulevard, Newport Beach, California. A notice of the time, place and purpose of the
aforesaid meeting was given. Evidence, both written and oral, was presented to and considered by the
Planning Commission at this meeting.
Section 3. The Planning Commission finds as follows:
The location for the proposed sunroom requiring this use permit, and the proposed conditions
under which it would be operated or maintained, is consistent with the General Plan and the
purpose of the APF district in which the site is located; will not be detrimental to the public
health, safety, peace, morals, comfort, or welfare of persons residing or working in or adjacent
to the neighborhood of such use; and will not be detrimental to the properties or improvements
in the vicinity or to the general welfare of the city. The use permit pertains to the parking
required in association with the enclosure of an existing patio adjacent to the rear side of an
existing office building. This approval will not be detrimental to the area because it has been
conditioned in such a manner to eliminate the traffic and parking impacts associated with the
enclosure of the patio.
2. The operational characteristics of the proposed sunroom and the plans as conditioned, particularly
the exclusion of mechanical appurtenants for heating and cooling the space, are the reasons for
granting the parking waiver. The sunroom is to provide space for support activities that are
ancillary to the normal operations of an office building. The parking demand for such space will
be less than the requirement as prescribed by the Zoning Code. The probable long -term occupancy
of the project will not generate additional parking demand. Any change in the operational
characteristics, particularly any change in the use of the sunroom that would allow it to become
workspace, would require an amendment to the Use Permit, reviewed by the Planning
Commission, with the parking waiver reconsidered.
3. The project has been reviewed, and it qualifies for a categorical exemption pursuant to the
California Environmental Quality Act under Class 3 (New Construction or Conversion of Small
Structures).
City of Newport Beach
Planning Commission Resolution No.
Page 2 of 3
Section 4. Based on the aforementioned findings, the Planning Commission approves Use
Permit No. 2002 -016, subject to the conditions set forth in Exhibit "A ", the plans dated June 20, 2002.
Section 5. This action shall become final and effective fourteen days after the adoption of this
Resolution unless within such time an appeal is filed with the City Clerk or this action is called for review
by the City Council in accordance with the provisions of Title 20, Planning and Zoning, of the Newport
Beach Municipal Code.
PASSED, APPROVED AND ADOPTED THIS 20`h DAY OF JUNE 2002.
AYES: McDaniel, Ag_aianian, Tucker,
Gifford, Kranzley and Selich
RECUSED: Kiser
NOES:
BY: 'D /
Larry Tucker, Chairman
BY:
Earl McDaniel, Secretary
City of Newport Beach
Planning Commission Resolution No. _
Paee 3 of 3
EXHIBIT "A"
CONDITIONS OF APPROVAL
USE PERMIT NO. 2002 -016
The development shall be in substantial conformance with the approved plot plan, floor plan, and
elevations dated June 20, 2002.
2. Use Permit No. 2002 -016 shall expire unless exercised within 24 months from the date of
approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an
extension is otherwise granted.
3. Any change in the operational characteristics, particularly any change in the use of the sunroom
that would allow it to become retail or office space, would require an amendment to the Use
Permit, requiring review by the Planning Commission, with the parking waiver reconsidered.
4. The applicant is required to obtain all applicable permits from the City Building and Fire
Departments. The construction plans must comply with the most recent, City- adopted version of
the California Building Code. The construction plans must meet all applicable State Disabilities
Access requirements.
5. The patio area to be enclosed as a sunroom shall not exceed 383 square feet of area and shall have
a maximum height of 11 feet.
6. No mechanical appurtenants are permitted for the sunroom that would allow the space to be
cooled or heated.
7. The project site shall maintain 27 off -street parking spaces at all times.
8. Should this business be sold or otherwise come under different ownership, any future owners or
assignees shall be notified of the conditions of this approval by either the current business
owner, property owner or the leasing agent.
F : \USERS\PLN\Shared\PA's\PA2002- 077 \UP2002 -016 resoluion.doc