HomeMy WebLinkAbout2008-104 - Shore House - 801 East Balboa BlvdRESOLUTION NO. 2008 -104
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH UPHOLDING AND
AFFIRMING THE DECISION OF THE PLANNING
COMMISSION DISAPPROVING USE PERMIT NO.
2008 -045 FOR PROPERTY LOCATED AT 801 EAST
BALBOA BOULEVARD (PA 2008 -123)
WHEREAS, an application was filed by Linda Dulay on behalf of the Shore House
CaM, with respect to property located at 801 East Balboa Boulevard, and legally described as
Lots 1, 2, 3, 4, 5, and 6 in Block 12 of Balboa Tract, as shown on a map recorded in Book 4,
Page 11 of Miscellaneous Maps, in the Office of the County Recorder of Orange County,
California, requesting approval of Use Permit No. 2008 -045 for an existing eating and drinking
establishment to allow 1) conversion of approximately 93 square feet of storage area into net
public area; 2) live entertainment on Fridays and Saturdays; 3) operation of an alcoholic
beverage outlet under the provisions of the Alcoholic Beverage Ordinance (ABO); 4) parking
waiver; and
WHEREAS, a public hearing was held on October 9, 2008, in the City Hall Council
Chambers, at 3300 Newport Boulevard, Newport Beach, California. A notice of time, place,
and purpose of the aforesaid meeting was given. The application, plans, staff report, and
evidence, both written and oral, were presented to and considered by the Planning
Commission at this meeting; and
WHEREAS, the Planning Commission disapproved the application due to conflict with
Coastal Land Use Plan policies, and recommendations of the Public Works and Police
Departments; and
WHEREAS, Coastal Land Use Plan Policies 2.9.3 -8 and 2.9.3 -9 do not support a
parking waiver for expansions to nonconforming properties that increase the parking demand
and that impact public parking available for coastal access; and
WHEREAS, on October 23, 2008, an application was filed to appeal the decision of
the Planning Commission to the City Council; and
WHEREAS, on November 25, 2008, the City Council held a noticed public hearing in
the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California at which
time the appeal was considered. A notice of time, place, and purpose of the aforesaid
meeting was given. The application, plans, staff report, and evidence, both written and oral,
were presented to and considered by the City Council at this meeting; and
WHEREAS, this project qualifies for an exemption from environmental review pursuant
to Section 15301 (Class 1 Existing Facilities) of the Implementing Guidelines of the California
Environmental Quality Act (CEQA), which exempts minor alterations to existing facilities.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Newport
Beach hereby disapproves the appeal and upholds and affirms the decision of the Planning
Commission to disapprove Use Permit No. 2008 -045.
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This resolution shall take effect immediately upon adoption. Passed and adopted by the City
Council of Newport Beach at a regular meeting held on the November 25, 2008.
MAYOR
STATE OF CALIFORNIA }
COUNTY OF ORANGE
CITY OF NEWPORT BEACH }
I, Leilani I. 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. 2008 -104 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 25th day of
November, 2008, and that the same was so passed and adopted by the following vote, to wit:
Ayes: Henn, Rosansky, Daigle, Webb, Curry, Gardner, Mayor Selich
Noes: None
Absent: None
Abstain: None
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the
official seal of said City this 26th day of November, 2008.
(Seal)
)g- - -C
City Clerk
Newport Beach, California