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RESOLUTION NO. 1646 <br />A RESOLUTION OF THE PLANNING COMMISSION OF THE <br />CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. <br />2004 -003 FOR PROPERTY LOCATED AT 707 EAST BALBOA <br />BOULEVARD (PA2004 -032). <br />THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, <br />RESOLVES AND ORDERS AS FOLLOWS: <br />WHEREAS, an application was filed by Mary Lonich on behalf of the Balboa Performing <br />Arts Theater Foundation, with respect to property located at 707 East Balboa Boulevard, <br />requesting approval of Use Permit No. 2004 -003 permitting the use, alteration and additions to <br />an existing, nonconforming theater by increasing in height of the building up to a maximum <br />height of 55 feet pursuant to Section 20.65.070 of the Municipal Code. <br />WHEREAS, the site is designated as Retail and Service Commercial by the Land Use <br />Element of the General Plan and Local Coastal Program Land Use Plan and is located within <br />the Central Balboa Specific Plan District (SP -8), which designates the site as Retail and Service <br />Commercial. <br />WHEREAS, a public hearing was held on September 23, 2004 in the City Hall Council <br />Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and <br />purpose of the aforesaid meeting was given. Evidence, both written and oral, was presented to <br />and considered by the Planning Commission at this meeting. <br />WHEREAS, the Planning Commission finds: <br />1. The Retail and Service Commercial designations for the site permit the use of the site for <br />commercial uses. Specifically, a theater at this location with no more than 350 seats is <br />authorized by the General Plan Land Use Element and Local Coastal Program Land Use <br />Plan. <br />2. The existing theater is a nonconforming use and nonconforming structure as it does not <br />operate pursuant to an approved Use Permit, the building exceeds the 26 -foot basic <br />height limit, the site provides no parking, and the building does not comply with the alley <br />setback requirement. <br />3. The Balboa Theater qualifies as a landmark building as it was constructed in 1927, has a <br />single stage and has approximately 450 seats. <br />4. Section 20.62.065 of the Municipal Code allows the use, alteration and expansion of a <br />landmark building under specific conditions without obtaining a Use Permit. <br />5. The application proposes the use, alteration and expansion of a landmark building and the <br />project meets the conditions contained within Section 20.62.065 of the Municipal Code <br />that would exempt the activities and construction from obtaining a Use Permit for, the <br />following reasons: <br />