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HomeMy WebLinkAbout1634 - APPROVE TS_401 OLD NEWPORT BLVDRESOLUTION NO. 1634 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING TRAFFIC STUDY NO. 2003 -005 FOR PROPERTY LOCATED AT 401 OLD NEWPORT BOULEVARD (PA2003- 301). THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDER AS FOLLOWS: Section 1. An application was filed by Orange Coast Association of Realtors, Inc. with respect to property located at 401 Old Newport Boulevard and legally described as Lots 21 through 24 of Tract No. 27 (Assessor's Parcel No. 425 - 271 -16), requesting approval of Traffic Study No. 2003 -005 that will facilitate the construction of a 16,500 square foot, two -story office building. The 0.82 acre site is zoned SP -9 (Old Newport) District and has a General Plan land use designation of Retail & Service Commercial. Section 2. A public hearing was held on April 8, 2004, at 6:30 P.M. in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was duly 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: a) A traffic study, entitled Traffic Impact Analysis for 401 Old Newport Boulevard, Newport Beach, California (LSA Associates, March 22, 2004), was prepared for the project in compliance with Chapter 15.40 of the Municipal Code (Traffic Phasing Ordinance). b) The traffic study indicated that the project will not increase traffic on six (6) of the eight (8) primary intersections by one percent (1 %) and therefore no impact is predicted. c) The traffic study determined that the project will not cause the level of service to decline at the two (2) intersections where there will be an increase of more than one percent (1 %) in traffic volume, and therefore no mitigation is required. d) The traffic study also performed a cumulative traffic analysis. Reasonably foreseeable projects and approved projects that are not included in the committed project list were added to project related traffic and evaluated. The conclusion of this analysis also indicates that there will be a less than significant impact to traffic circulation and that no mitigation is required. e) The project is categorically exempt pursuant to Section 15332 (Class 32 - In- Fill Development Projects) of the California Environmental Quality Act. The project will occur on a 35,632 square feet site within the City of Newport Beach corporate limits and the site is surrounded by urban uses. The site is presently developed with a 4,782 square foot office building which will be demolished to accommodate the new development and has no value as habitat for endangered, rare or threatened species. Approval of the project will not create any significant impacts to traffic, noise, air, and water quality in compliance with existing codes, policies and regulations of the City of Newport Beach. The traffic study concludes no significant impacts to area intersections. Lastly, adequate utility services and other public services presently exist and are so located to serve the project site. Section 4. Based on the aforementioned findings, the Planning Commission hereby approves Traffic Study No. 2003 -005, subject to the Conditions set forth in Exhibit "A" attached. 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 call 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 8th DAY OF APRIL, 2004. AYES: Eaton, Cole. Kiser and Selich Toerge, McDaniel ABSENT: Tucker BY. T Earl McDaniel, Chairman Michae`I'f6V-rge, Secretary EXHIBIT "A" CONDITIONS OF APPROVAL Traffic Study No. 2003 -005 1. The development shall be in substantial conformance with the conceptual site plan, floor plan, and elevations received by the Planning Department on March 18, 2004, and specified below: a. The maximum FAR permitted is 0.46 (16,500 gross square feet). b. The maximum building bulk permitted is 0.60 (21,500 square feet). 2. The development shall provide and maintain a minimum of 66 on -site parking spaces at all time. 3. Traffic Study No. 2003 -005 shall expire unless exercised within 24 months from the date of approval pursuant to Section 15.40.035 of the Newport Beach Municipal Code. This approval shall be deemed exercised by the issuance of a building permit to construct the proposed office building. 4. Pursuant to the Traffic Phasing Ordinance, construction of the proposed office building shall be completed no more than 60 months from the date of final approval of Traffic Study No. 2003 -005.