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HomeMy WebLinkAbout1796 - APPROVE UP_333 OLD NEWPORT BLVDRESOLUTION NO. 1796 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2009 -014 TO WAIVE THE ADDITIONAL OFF - STREET PARKING REQUIRED FOR THE CONVERSION OF 3,061 SQUARE -FEET OF RETAIL TO MEDICAL OFFICE IN AN EXISTING MULTI - TENANT BUILDING LOCATED AT 333 OLD NEWPORT BOULEVARD (PA2009 -059) THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. The applicant proposes to convert a 3,061 square -foot retail space to medical office in an existing multi- tenant building located at 333 Old Newport Boulevard. Based upon the minimum required parking ratios of the Zoning Code specified in Section 20.66.030, three additional spaces are required. The subject property does not provide any off - street parking and the site cannot be modified to provide additional parking without demolition of the existing multi- tenant building. 2. In accordance with Section 20.66.100 and Chapter 20.91 of the Municipal Code, an application for a use permit requesting the waiver of 3 parking spaces was filed by Ann Ong Hung, with respect to property located at 333 Old Newport Boulevard, and legally described as Tract 27 Lot 24 Block 9 Triangular Lot in Lot — including portion of abandoned streets adjacent on northwest and southwest NW & SE in the City of Newport Beach, California. 3. Public hearings were held on December 3, 2009, and January 21, 2010, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meetings were given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at these meetings. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. This project is categorically exempt from environmental review pursuant to Section 15301 of Title 14 of the California Code of Regulations. The existing building will remain with no additional square footage; the scope of the physical construction is limited to minor interior alterations and restriping of existing parking spaces. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.91.035 of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Planning Commission Resolution No. 1796 Page 2 of 5 Finding A. That the proposed location of the use is in accord with the objectives of this code and the purposes of the district in which the site is located. Facts in Su000rt of Finding: A -1. The site is located in the Old Newport Boulevard Specific Plan District in an area designated as Retail and Service Commercial. Medical office is a permitted use within this district. Finding: B. That the proposed location of the use permit and the proposed conditions under which it would be operated or maintained will be consistent with the General Plan and the purpose of the 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. Facts in Support of Finding: B -1. The proposed medical office is consistent with the General Commercial Office (CO -G) land use designation. The waiver of three parking spaces will not be detrimental to the adjoining properties as there are municipal parking spaces conveniently located adjacent to the subject site. Finding: C. That the proposed use will comply with the provisions of this code, including any specific condition required for the proposed use in the district in which it would be located. Facts in Su000rt of Finding: C -1. In accordance with Section 20.68.100, a waiver of the required parking may be allowed as municipal parking spaces are conveniently located adjacent to the subject site. These spaces are located as to be useful in connection with the conversion of retail space to medical office use as they provide sufficient parking based upon the November 15, 2009, parking study prepared by Traffic Safety Engineers. C -2. Compliance with all other applicable regulations of the Municipal Code will be required and enforced. Finding: D. If the use is proposed within a Residential District (Chapter 20.10) or in an area where residential uses are provided for in Planned Community Districts or Specific Plan Districts, Planning Commission Resolution No. 1796 Paqe 3 of 5 the use is consistent with the purposes specified in Chapter 20.91A and conforms to all requirements of that Chapter. Facts in Support of Finding: D -1. The proposed use is not located within a Residential District. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Planning Commission of the City of Newport Beach hereby approves Use Permit No 2009 -014, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 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. PASSED, APPROVED AND ADOPTED THIS 216f DAY OF JANUARY, 2010. AYES: NOES: U !L t uc r1 T tf /_�irA ABSENT: i BY: Robert Hawkins, Chairman I BY: Charles Unsworth, Secretary Planning Commission Resolution No. 1796 EXHIBIT "A" CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan stamped and dated December 3, 2009. (Except as modified by applicable conditions of approval.) 2. Use Permit No. 2009 -014 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. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 4. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 5. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 6. This Use Permit may be modified or revoked by the City Council or Planning Commission should they determine that the proposed uses or conditions under which it is being operated or maintained is detrimental to the public health, welfare or materially injurious to property or improvements in the vicinity or if the property is operated or maintained so as to constitute a public nuisance. 7. Any change in operational characteristics, expansion in area, or other modification to the approved plans, shall require an amendment to this Use Permit or the processing of a new Use Permit_ 8. Prior to the issuance of a building permit, the applicant shall pay any unpaid administrative costs associated with the processing of this application to the Planning Department. 9. Should the property be sold or otherwise come under different ownership, any future owners or assignees shall be noted of the conditions of this approval by either the current business owner, property owner or the leasing agent. 10. The medical office shall be limited to a maximum of 3,061 gross square feet. 11. The applicant shall submit a revised site plan showing the striping of three additional parallel parking spaces between the subject property and adjacent municipal lot and the restriping of the existing parking spaces fronting the building to accommodate one additional disabled parking space within the public right -of -way. The plan shall be Planning Commission Resolution No. 1796 Paae 5 of 5 reviewed by the Public Works Department and Building Department for compliance with applicable requirements. Implementation of these improvements shall be subject to the approval of an encroachment permit/agreement and inspection by the Public Works and Building Department inspectors. The encroachment permit/agreement shall be obtained prior to the issuance of a building permit or establishment of the proposed medical office use. 12. Prior to the issuance of a building permit for the proposed project or the establishment of the proposed medical office use, the owner, who is also the applicant, shall relinquish all rights granted pursuant to Use Permit No 2006 -017 for the full- service, small -scale eating and drinking facility.