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HomeMy WebLinkAbout1610 - APPROVE UP_2204 WEST OCEAN FRONT.RESOLUTION NO. 1610 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2003 -019 FOR PROPERTY LOCATED AT 2204 WEST OCEAN FRONT (PA2003 -119). THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. An application was filed by Umberto Autore, with respect to property located at 2204 West Ocean Front, requesting approval of Use Permit No. 2003 -019 to enclose an open stairway on an existing non - conforming multiple - family residential structure. The site is designated Retail & Service Commercial by the General Plan Land Use Element and Cannery Village/McFadden Square Speck Plan (SP -6) with a Retail and Service Commercial designation by the Zoning Code. Section 2. A public hearing was held on September 4, 2003 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of 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: 1. The City's General Plan designates the site as Retail & Service Commercial uses. The Zoning Code designates the site as Cannery Village /McFadden Square Specific Plan (SP- 6). The use is an existing legal non - conforming use. Although the existing use is inconsistent with the Land Use Element of the General Plan and the Zoning for the property, the proposed enclosure of the existing stairway is not significant in this case and alterations and additions to non - conforming uses are not precluded by the General Plan. 2. Expansion of a non - conforming use is permitted under Municipal Code Section 20.62.050.A upon approval of a Use Permit. The proposed project will not increase any non - conforming condition as no increase in units will result, nor create any new non- conforming condition on the site, nor will it increase the parking demand for the site. 3. The proposed addition will not conflict with any easements acquired by the public at large for access through use of property within the proposed development. 4. The approval of the project will not, under the circumstances of this case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing and working the neighborhood or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. 5. The project has been reviewed, and it qualifies for a categorical exemption pursuant to the California Environmental Quality Act under Class 3 (New Construction of Small Structures). This exemption allows for the construction of a single family residence within a residential zone. Exhibit No. 1 Planning Commission Resolution No. 2of3 Section 4. Based on the aforementioned findings, the Planning Commission hereby approves Use Permit No. 2003 -019, subject to the Conditions set forth in Exhibit "A." 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 4th DAY OF SEPTEMBER, 2003. AYES: Eaton, Cole, Toerqe. McDaniel. Selich, Kiser and Tucker EXCUSED: None NOES: None BY: Lt 4 Earl McDaniel, Chairman le BY: Mich oerge, ecretary Planning Commission Resolution No. Page 3 of 3 EXHIBIT "A" CONDITIONS OF APPROVAL USE PERMIT NO. 2003 -019 The development shall be in substantial conformance with the approved plot plan, floor plan, elevations and preliminary grading plan dated August 8, 2003. Use Permit No. 2003 -002 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. The Planning Commission may add to or modify conditions of approval to this Use Permit, or revoke this Use Permit 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. 4. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent City- adopted version of the Uniform Building Code (UBC). For the purposes of the UBC, the lower garagetstorage level shall comply with the UBC definition of basement. 5. All improvements shall be constructed as required by Ordinance and the Public Works Department. 6. One garage parking space shall be provided for each dwelling unit and shall be maintained for vehicular storage at all times. 7. The 10 -foot rear yard setback on the ground floor shall be kept free and clear at all times and shall not be used for parking purposes.