HomeMy WebLinkAbout1769 - DENY UP_801 EAST BALBOA BLVDRESOLUTION NO. 1769
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH DENYING WITH PREJUDICE USE
PERMIT NO. 2008 -045 TO ALLOW AN EXISTING RESTAURANT
WITH A PARKING WAIVER, LIVE ENTERTAINMENT, AND
OPERATION OF AN ALCOHOLIC BEVERAGE OUTLET
LOCATED AT 801 EAST BALBOA BOULEVARD (PA 2008 -123)
WHEREAS, an application was filed by Shore House Cafe Inc., with respect to property
located at 801 East Balboa Boulevard, and legally described as Lots 1, 2, 3, 4, 5, and 6 in
Block 12 of Balboa Tract, as shown on a map recorded in Book 4, Page 11 of Miscellaneous
Maps, in the Office of the County Recorder of Orange County, California, requesting approval
of Use Permit No. 2008 -045 for an existing eating and drinking establishment to allow 1)
conversion of approximately 93 square -feet of storage area into net public area; 2) operation of
an alcoholic beverage outlet; 3) parking waiver; and
WHEREAS, a public hearing was held on October 9, 2008, 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 Municipal Code. Evidence, both
written and oral, was presented to, and considered by, the Planning Commission at this
meeting; and
WHEREAS, the Land Use Element of the General Plan and the Coastal Land Use
Plan designate the project site as Mixed Use Vertical, which is intended to provide for the
development of properties for mixed -use structures that vertically integrate housing with retail
uses including restaurant uses or exclusively for retail uses in accordance with other
commercial designations; and
WHEREAS, the subject property is designated as a Retail Service Commercial land
use within the Specific Plan District #8 (Central Balboa) Zoning District, which is intended to
provide the Central Balboa area with commercial services for permanent residents and
visitors of the area; and
WHEREAS, the Planning Commission finds that the requested waiver of on -site parking
spaces does not meet one or more conditions stated in Section 20.66. 100 of the City of Newport
Beach Municipal Code; and
WHEREAS, the Planning Commission finds that the requested waiver of on -site parking
spaces is not consistent with one or more policies of the Coastal Land Use Plan; and
WHEREAS, the Planning Commission finds that the requested live entertainment is not
compatible with the neighborhood and is detrimental to public health, safety, peace, morals,
comfort, and welfare of persons residing or working in or adjacent to the neighborhood due to
the proximity to the restaurant of residential uses; and
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Planning Commission Resolution No. 1769
Paae 2 of 3
WHEREAS, a use permit for the establishment of an existing restaurant has been
denied with prejudice in accordance with Section 20.91.035 of the Newport Beach Municipal
Code based on the following finding and facts in support of such finding:
1. Finding: That the proposed location of the Use Permit and the proposed conditions
under which it would be operated or maintained will not be consistent with the General
Plan and the purpose of the district in which the site is located; will 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 be detrimental to the
properties or improvements in the vicinity or to the general welfare of the city.
Facts in support of finding:
• The parking waiver based on the nearby municipal public parking lot is detrimental
to public health, safety, peace, morals, comfort, and welfare of persons residing or
working in or adjacent to the neighborhood because parking in the municipal lot at
the Balboa Pier is severely impacted during June, July, and August.
• The parking waiver is not consistent with Coastal Land Use Plan Policies 2.9.3 -8
and 2.9.3 -9.
• Live entertainment is detrimental to public health, safety, peace, morals, comfort,
and welfare of persons residing or working in or adjacent to the neighborhood due
to the proximity to the restaurant of residential uses.
WHEREAS, the project qualifies for a Categorical Exemption pursuant to Section 15301
(Class 1 Existing Facilities) of the Implementing Guidelines of the California Environmental
Quality Act because the scope of the physical construction is limited to minor interior alterations,
the existing eating and drinking establishment use will continue, and the number of parking
stalls provided and the type of ABC license will remain unchanged; and
NOW THEREFORE, BE IT RESOLVED:
Section 1. The Planning Commission of the City of Newport Beach hereby denies with
prejudice Use Permit No. 2008 -045.
Section 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.
Planning Commission Resolution No. 1769
Paae 3 of 3
PASSED, APPROVED AND ADOPTED THIS 23rd DAY OF OCTOBER.
AYES:
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NOES:
EXCUSED: '> ,
BY:
Scott Peotter, Chairman
BY:
arty Cato ecretary