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HomeMy WebLinkAbout1564 - APPROVE UP_514 W BALBOA BLVDRESOLUTION NO. 1564 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2002 -014 (PA2002 -076) FOR PROPERTY LOCATED AT 514 W. BALBOA BOULEVARD THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. An application was filed by Ms. Nancy Nelson with respect to property located at 514 W Balboa Boulevard, and legally described as Lot 15 of East Newport, Block 3, requesting approval of Use Permit No. 2002 -014 that would authorize the conversion of an enclosed parking space to storage area and a waiver of the off - street parking requirements associated with losing 1 space as a result of the conversion. Section 2. A public hearing was held on July 18, 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 project 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 RSC -R 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 conversion of an enclosed parking space to storage area and a waiver of the off - street parking requirements associated with losing 1 space as a result of the conversion. The loss of an additional space will not significantly worsen the existing situation in the surrounding community where there is a lack of adequate parking spaces. The area to be converted is to be used for storage and not additional net public area. The operational characteristics of the restaurant are such that a majority of the business' customers come from the surrounding community who do not drive to the restaurant. The request will not be detrimental to the area because the parking space has been used for storage for several years prior without complaint. 2. The mix of existing and approved development within the statistical area in which the project is proposed does not exceed the base development allocation established for that statistical area. The statistical area in which the project is proposed does not contain any undeveloped or underdeveloped properties of sufficient size which, if developed within the land use intensities established by the Land Use Element of the General Plan, would cause the base development allocation for that statistical area to be exceeded. City of Newport Beach Planning Commission Resolution No. Page 2 of 3 3. The operational characteristics of the converted storage area are the reason for granting the parking waiver. The converted space will not be used for additional net public area that potentially could result in additional vehicle trips to and from the site. The parking demand for such space, as utilized, 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 storage that would allow it to become additional seating, would require an amendment to the Use Permit, reviewed by the Planning Commission, with the parking waiver reconsidered. 4. The project has been reviewed, and it qualifies for a categorical exemption pursuant to the California Environmental Quality Act under Class 1 (Existing Facilities). Section 4. Based on the aforementioned findings, the Planning Commission approves Use Permit No. 2002 -014, subject to the conditions set forth in Exhibit "A ", the plans dated July 18, 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 18`h DAY OF JULY 2002. AYES: Tucker, Agaianian, McDaniel, Kiser Gifford, Kranzlev and Selich NOES: None ABSENT: City of Newport Beach Planning Commission Resolution No. Paee 3 of 3 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2002-014 1. The development shall be in substantial conformance with the approved floor plan dated July 18, 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 storage area that would allow it to become net public area, would require an amendment to the Use Permit, reviewed 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 as well as the Orange County Health Department. 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. 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. 6. The Commission may add or modify conditions of approval to this use permit, or revoke this pen-nit upon a determination that the implementation of the project which is the subject of this approval causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. F: \USERS\PLMShared\PA's\PA2002- 076 \UP2002 -014 resolution.doc