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HomeMy WebLinkAbout1541 - APPROVE UP_4545 MACARTHUR BLVDRESOLUTION NO. 1541 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING AN AMENDMENT TO USE PERMIT (UP) NO. 1547 FOR THE RADISSON HOTEL LOCATED AT 4545 MACARTHUR BLVD. (PA2001 -039). The Planning Commission of the City of Newport Beach does hereby find, resolve and order as follows: Section 1. An application was duly filed by the Applicant, Mr. Zovic with respect to property located at 4545 MacArthur Boulevard (PA2001 -039) and legally described as Parcel I of Parcel Map No. 91 -292, Re- Subdivision No. 980, requesting approval of an amendment to Use Permit (UP) No. 2001 -001 to construct a 4,500 square foot, open— sided, covered patio structure located to take the place of the existing tennis courts. Section 2. A public hearing was duly held on October 18, 2001, 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 duly presented to and considered by the Planning Commission at the aforesaid meeting. Section 3. The Planning Commission finds as follows: a) That the proposed location of the use is in accord with the objectives of the Zoning Code and the purposes of the district in which the site is located. The location and the use of die additional fimction space. both ancillary, to the oneratons of the hotel. will replace an existing recreational space and use that is also ancillary to the operations of the hotel. The project has been conditioned and designed in a manner that will ensure the use is compatible with the main operations of the hotel. b) That the proposed project is consistent with the General Plan as it pertains to a hotel property within the Retail and Service Commercial Land Use designation. The project involves the creauon of auurtionat [unction space for an existing use within the confines of an exis:ipg hotel property. Furthermore, the function space is proposed to better serve group bookings at the hotel and not increase the total amount of group bookings. C) That the proposed project qualifies for a Categorical Exemption pursuant to Section 15303 (Class 3, New Construction or Conversion of Small Structures) of the California Environmental Quality Act (" CEQA ") Implementing Guidelines. The project involves constructing a 4,500 square foot open - sided, covered patio structure where a tennis court currently exists. d) That the proposed project will comply will all applicable provisions of the Municipal Code as well as any specific Conditions of Approval. The applicant is required to obtain building permits for the structure trorn the tiuiiurng Uepartment. �)ubsequeut approvals trom the City would be required for alcohol beverage service. outdoor entertainment, or other use requiring city approval of a permit. Section 4. Based on the aforementioned findings, the Planning Commission hereby approves an amendment to Use Permit (UP) No. 1547, subject to the Conditions set forth in Exhibit "A" attached. Section 5. This action shall become final and effective fourteen (14) 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 18`h DAY OF OCTOBER, 2001. AYES: Mcdaniel, Kiser, Agajanian, Tuck , Seiicli NOES: AT— -- ABSENT: Kranziey BY: Lard Tuck Chairman Earl McDaniel, Secretary F: \Users \PLN\Shared \PA's \PA2001 - 039 \U P 1 547- peresolution.doc EXHIBIT "A" CONDITIONS OF APPROVAL Amendment to Use Permit (UP) No. 1547 That development shall be in substantial conformance with the approved site plan, electrical lighting plan, and elevations dated as received by the Planning Department on September 13, 2001. 2. The amendment to UP No. 1547 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 if the Newport Beach Municipal Code, unless an extension is otherwise granted. 3. That the applicant is required to obtain all applicable permits from the City Building Department. 4. The covered patio shall only be used in an ancillary capacity in conjunction with an event or function taldng place inside the hotel. The combined occupant capacity of both the interior meeting space and the proposed covered patio shall not exceed the maximum capacity of the interior meeting space as it exists on October 18, 2001. 5. If the service of alcohol on the covered patio constitutes an expansion of premises pursuant to the State Department of Alcoholic Beverage Control, City approval of a Use Permit pursuant to the Alcoholic Beverage Outlet (ABO) Ordinance shall be required prior to the expansion of premises. 6. No activities involving sound amplification equipment or musical instruments including brass, drums or other percussion elements are permitted in the covered patio area. Should the applicant wish to remove this prohibition, City approval of a request for an amendment to the Use Permit is required. 7. Approval from the Planning Director is required for the finished appearance and color of the metal roof prior to installation. 8. Use Permit No. 1547 including all conditions of approval for the hotel facility located at 4545 MacArthur Boulevard remains in full force and effect except where modified by this or other amendments. F:\ Users \PLN\Shared\PA's \PA2001 - 039 \UP 1547- peresolution.doc