HomeMy WebLinkAbout1847 - DENY UP AND MD_101 15TH STREETRESOLUTION NO. 1847
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH REVERSING THE DECISION OF
THE ZONING ADMINISTRATOR AND DENYING USE PERMIT
NO. UP2010 -021 AND MODIFICATION PERMIT NO. MD2010 -027
FOR AN ADDITION AND ALTERATIONS TO A
NONCONFORMING STRUCTURE THAT WILL ENCROACH INTO
THE SIDE AND REAR SETBACKS LOCATED AT 101 15TH
STREET (PA2010 -105)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. An application was filed by William Azzalino, with respect to property located at 101 15th
Street, and legally described as Lots 1 and 2, Block 15, Section B, requesting approval of
a use permit and modification permit.
2. The applicant proposes an addition to a nonconforming, mixed -use structure. The Use
Permit would allow an addition of up to 75 percent of the existing square footage and
up to 75 percent structural alterations to the existing structures. The Modification
Permit would allow the proposed addition to encroach five (5) feet into the required
five -foot side setback on the northerly side of the property and eight (8) feet into the
required ten -foot rear alley setback.
3. The subject property is located within the Mixed -Use Cannery Village /15`h S t (MU-
CV /15`h St) Zoning District; however, the Retail and Service Commercial — Residential
Overlay (RSC -R) District regulations from the 1997 Zoning Code apply to this project.
The General Plan Land Use Element category is Mixed -Use Horizontal (MU -H4).
4. The subject property is located within the coastal zone. The Coastal Land Use Plan
category is Mixed -Use Horizontal (MU -H).
5. A public hearing was held on July 7, 2011, in the City Hall Council Chambers, 3300
Newport Boulevard, Newport Beach, California. A notice of time, place, and purpose of
the meeting was given in accordance with the Newport Beach Municipal Code.
Evidence, both written and oral, was presented to, and considered by, the Planning
Commission at this meeting.
SECTION 2. FINDINGS.
The Planning Commission may approve a use permit and modification permit only after
making each of the required findings set forth in Section 20.91.035, Section 20.62.040, and
Section 20.93.030 of the 1997 Zoning Code. In this case, the Planning Commission was
unable to make the required findings based upon the following:
Planning Commission Resolution No. 1847
Paqe 2 of 2
1. Allowing an addition above the commercial structures and alterations of up to 75
percent of the existing structural elements prolongs the life of the nonconforming
commercial structures. The nonconforming parking for the commercial uses is
detrimental to the community and the life of the structures should not be extended to
allow for an additional dwelling unit above.
2. The proposed structure should not be constructed within a setback area and the
structure should be at least partially brought into conformance with the required
setbacks.
SECTION 3. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby denies Use Permit No.
UP2010 -021 and Modification Permit No. MD2010 -027 (PA2010 -105), reversing the
decision of the Zoning Administrator.
2. 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 in accordance
with the provisions of Title 20 Planning and Zoning, of the Newport Beach Municipal
Code.
PASSED, APPROVED AND ADOPTED THIS 7t' DAY OF JULY, 2011.
AYES: Ameri, Hillgren, Myers, Toerge, and Unsworth
NOES: Hawkins and Kramer
ABSTAIN: None.
ABSENT: None.
Charles Unswo h,,Chairman
BY:
dle Tjren, ecretary
Tmplt 03/08111