HomeMy WebLinkAbout1892 - DENY CUP_ 441 OLD NEWPORT BOULEVARDRESOLUTION NO. 1892
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH DENYING CONDITIONAL USE
PERMIT NO. UP2011 -011 FOR A REDUCTION OF THE OFF -
STREET PARKING REQUIREMENT UTILIZATION OF AN OFF -
SITE PARKING LOT FOR AN EXISTING COMMERCIAL OFFICE
BUILDING LOCATED AT 441 OLD NEWPORT BOULEVARD
(PA2011 -056)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
An application was filed by John Bral, with respect to property located at 441 Old
Newport Boulevard, and legally described as Parcel 1 of Parcel Map No. 80 -719, in the
City of Newport Beach, County of Orange, State of California, as shown on a map filed in
Book 163, Pages 31 and 32 of Parcel Maps in the office of the Orange County Recorder
requesting approval of a conditional use permit.
2. The applicant proposes a conditional use permit to reduce the required off - street parking
and to utilize an off -site parking lot. The project proposes to utilize the recently renovated
commercial office building (11,540 quare feet) for medical office and to provide 51 of the
56 required parking spaces (a reduction of 5 required spaces). Forty -four spaces would
be on -site and seven spaces would be provided on the abutting property to the north at
445 Old Newport Boulevard which is developed with a vacant restaurant.
3. The subject property is located within the Office General (OG) Zoning District and the
General Plan Land Use Element category is General Commercial Office (CO -G).
4. The subject property is not located within the coastal zone.
5. A public hearing was held on September 6, 2012 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. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
Pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines,
projects which a public agency rejects or disapproves are not subject to CEQA review.
Planning Commission Resolution No. 1892
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SECTION 3. REQUIRED FINDINGS.
Pursuant to Section 20.40.100 (Off -Site Parking) and 20.40.110 (Adjustments to Off - Street
Parking Requirements)., the Planning Commission may approve or conditionally approve a
conditional use permit for an off -site parking facility and an adjustment to off - street parking
requirements subject to certain findings and conditions per Section 20.52.20 (Conditional Use
Permits), Section 20.40.1 00(6) (Off -Site Parking) and Section 20.40.110 (B) (Adjustments to
Off - Street Parking) . In this case, the Planning Commission was unable to make the required
findings based on the following facts:
1. The applicant did not provide any data such as a parking study and a parking
management plan to indicate that the parking demand will be less than the required
number of spaces or that other parking is currently suitable and realistically available
for use.
2. The physical condition of the proposed off -site parking location precludes its
availability for parking because the property is dilapidated with vacated buildings,
ungraded areas, and overgrown landscaping.
3. The applicant provided a copy of a Reciprocal Easement Parking Agreement to
establish the rights to use 445 Old Newport Boulevard for off -site parking. There are
inconsistencies within the Reciprocal Easement Parking Agreement such as the
location and the number of parking spaces. In addition, the Reciprocal Easement
Parking Agreement does not establish that the off -site parking will be available
permanently. Monitoring the use and requiring a reduction in the use should the
parking become unavailable in the future is unrealistic and difficult to maintain.
4. The existing commercial office is already deficient in providing the required off - street
parking for a general office use.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Planning Commission of the City of Newport Beach hereby denies Use Permit No.
UP2011 -011.
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.
Tmplt: 12/1512011
Planning Commission Resolution No. 1892
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PASSED, APPROVED AND ADOPTED THIS 61h DAY OF SEPTEMBER, 2012.
AYES: Ameri, Brown, Hillgren, Kramer, Myers, Toerge, and Tucker
NOES: None
ABSTAIN: None
ABSENT: None
la F-31-pWo r
Tmplt: 12115/2011