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Home My WebLink About2013-40 - Upholding Planning Commission Action and Denying CUP 2011-011 for Existing Commercial Office Building Located at 441 Old Newport BoulevardRESOLUTION NO. 2013-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH UPHOLDING THE PLANNING COMMISSION'S ACTION AND DENYING CONDITIONAL USE PERMIT NO. 2011 -011 TO UTILIZE AN OFF -SITE PARKING LOT AT 445 OLD NEWPORT BOULEVARD FOR AN EXISTING COMMERCIAL OFFICE BUILDING LOCATED AT 441 OLD NEWPORT BOULEVARD (PA2011 -056) THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. An application was fled by John Brat, with respect to property located at 441 Old Newport Boulevard, and legally described as Parcel 1 of Parcel Map No. 80 -719, in the City of Newport Beach, County of Orange, State of California, as shown on a map fled in Book 163, Pages 31 and 32 of Parcel Maps in the office of the Orange County Recorder requesting approval of a conditional use permit. 2. The applicant proposed a conditional use permit to reduce the required off-street parking and to utilize an off -site parking lot. The project proposes to utilize the recently renovated commercial office building (11,540 square feet) for medical office and to provide 51 of the 56 required parking spaces (a reduction of five required spaces). Forty -four spaces would be on -site and seven spaces would be provided on the abutting property to the north at 445 Old Newport Boulevard which is developed with a restaurant presently vacant. 3, The subject property is located within the Office General (OG) Zoning District and the General Plan Land Use Element category is General Commercial Office (CO -G). 4. The subject property is not located within the coastal zone. 5. A public hearing was held on September 6, 2012, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. 6. At the September 6, 2012, meeting the Planning Commission denied the application request pursuant to Resolution No. 1892. On September 19, 2012, the applicant appealed the Planning Commission's decision to deny the entitlement request to allow a reduction in the required off - street parking and to utilize an off -site parking lot for a recently renovated commercial building that proposes a medical use. Subsequent to the Planning Commission's action on the project, the applicant has modified the project by securing the off - street parking with the ability to renovate an off -site lot for parking purposes through a private agreement and providing City Council Resolution No. 2013 -40 Paae 2 of 3 the minimum required parking spaces for the proposed medical use. Therefore, the entitlement request has changed to a use permit for off -site parking rather than a use permit for a parking waiver and for off -site parking. 8. A public hearing was held on March 26, 2013, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting. 9. At the March 26, 2013, hearing, the City Council took staffs recommendation and directed the Planning Commission to review and take action on the application which has been revised to provide the minimum required parking spaces for the proposed medical use of the commercial building through off -site parking, pursuant to Zoning Code Section 20.40.100. 10. A public hearing was held on April 3, 2013, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. At the April 3, 2013, hearing, the Planning Commission continued this item to the April 18, 2013 hearing. 11. A public hearing was held on April 18, 2013, in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Planning Commission at this meeting. 12. On April 25, 2013, the applicant appealed the Planning Commission's decision to deny the entitlement request to allow ofd site parking for the proposed medical office use. 13. A public hearing was held on May 14, 2013, in the City Hall Council Chambers, 100 Civic Center Drive, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the City Council at this meeting. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. Pursuant to Section 15270 of the California Environmental Quality Act {CEQA} Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. SECTION 3. FINDINGS FOR DENIAL. 1. The availability of the off -site parking lot at 445 Old Newport Boulevard is inadequate due to the current condition of the off -site lot with the dilapidated structures, the off -site lot being in bankruptcy court and the Reciprocal Easement Parking Agreement is not exclusively granted to the applicant. 2. The applicant provided, a establish the rights to use inconsistencies within the location and the number Parking Agreement does permanently. City Council Resolution No. 2013 -40 Paoe3of3 copy of a Reciprocal Easement Parking Agreement to 445 Old Newport Boulevard for off -site parking. There are Reciprocal Easement Parking Agreement such as the of parking spaces. In addition, the Reciprocal Easement not establish that the off -site parking will be available 3. The uncertainty of the future use of the off -site lot compromises the long -term availability of the parking for the proposed medical office use. If the lot changed to a use that did not have off -set hours of use to the proposed medical use, this could affect the Reciprocal Parking Easement Agreement and the availability of off -site parking spaces for the medical tenants occupying the the use and requiring a reduction in the use should the the future is unrealistic and difficult to maintain. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: building at the time. Monitoring parking become unavailable in The City Council of the City of Newport Beach hereby denies Conditional Use Permit Application No. UP2011 -011. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this resolution. PASSED, APPROVED AND ADOPTED THIS 14th DAY OF MAY, 2413. BY:�� _ Keith D. Curry, Mayor ATTEST: BY: au� � N44"� Leilani Brown, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } ss. CITY OF NEWPORT BEACH } V, Leilani 1. Brown, City Clerk of the City of Newport Beach, California, do hereby certify that the whole number of members of the City Council is seven; that the foregoing resolution, being Resolution No. 2013 -40 was duly and regularly introduced before and adopted by the City Council of said City at a regular meeting of said Council, duly and regularly held on the 14'h day of May, 2013, and that the same was so passed and adopted by the following vote, to wit: Ayes: Gardner, Petros, Hill, Selich, Henn, Daigle, Mayor Curry Nays: None IN WITNESS WHEREOF, 1 have hereunto subscribed my name and affixed the official seal of said City this 15"' day of May, 2013. alb 'I � ' ...._ City Clerk Newport Beach, California (Seal)