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CITY OF |
STAFF APPROVAL NO. SA2007-007 (PA2007-136) |
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PLANNING
DEPARTMENT |
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Staff Person: |
Javier S. Garcia, 644-3206 |
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(949)
644-3200; FAX (949) 644-3229 |
Appeal Period: |
14 days after approval date |
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August 1, 2007
John Baile
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Application: |
Staff Approval No. SA2007-007
(PA2007-136) |
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Applicant: |
John Baile |
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Site Address: |
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Legal Description: |
Parcel 2 of PM-340/06-07 |
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Request as Modified and
Approved: Determination of
use classification for a proposed mail-order pharmaceutical facility. The
applicant requests a determination from the Planning Director that the
appropriate use classification is not a retail use but that the proposed use
is more consistent with a general office use as authorized by Use Permit No.
2003-025. The original project for three office buildings was approved by the
Planning Commission on October 23, 2003. The property is located in the SP-7 (BP District of the Santa Ana Heights Specific
Plan Area) District. |
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Section 20.00.065 A of the
Newport Beach Municipal Code provides that the Planning Director is authorized to
determine the intent of the Zoning Code provisions. The applicant requests an interpretation of the intent
of the Code in the case of the use classification for the proposed mail-order
pharmaceutical facility. The
property is located in the SP-7 (BP District of
the Santa Ana Heights Specific Plan Area) District.
ACTION: Approved - August 1, 2007
The Planning Director determined in this
particular case that the use classification for a
proposed mail-order pharmaceutical facility is more consistent with the general
office uses authorized by Use Permit No. 2003-025 and is not a retail use based
on the operational characteristics presented herein.
FINDINGS
1.
The proposed mail-order pharmaceutical
facility, based on its operational characteristics is more appropriately
classified as a general office use and not a retail or service business.
2.
The equipment utilized by the
proposed use is not a manufacturing type of machinery and therefore is not a
service business or assembly of components use classification.
3.
The parking demand of the
proposed facility is expected to be less intense than a retail use or general
office use.
CONDITIONS
1.
The facility shall generally
comply with the operational characteristics described in this application and
may be subject to further review by other City departments, including the
Public Works Department for traffic circulation and deliveries.
2.
This determination is for the
facility described herein and shall not extend to any future uses or
occupancies that may occur within this building or other buildings on site,
unless otherwise approved by the Planning Director.
3.
The introduction of similar
uses within the building and other buildings on site shall be subject to review
and approval by separate application.
4.
The Planning Director or the
Planning Commission may add to or modify conditions of approval to this use
permit, or revoke this permit upon a determination that the operation which is the
subject of this approval causes injury, or is detrimental to the health,
safety, peace, morals, comfort, or general welfare of the community.
The decision of the Planning Director may be appealed by the applicant
or any interested party to the Planning Commission within 14 days of the
decision date. Any appeal filed shall be accompanied by a filing fee of $600.00.
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DAVID LEPO, Planning Director |
By _____________________________
Javier S. Garcia, AICP
Senior Planner
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Attachments: |
Vicinity Map WatkinsBaile &
Assoc Letter – 06/06/07 |
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cc: |
property owner: Mickey Motors LLC |
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contact: Tony Gauthier |
VICINITY MAP
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Staff Approval No. SA2007-007
(PA2007-136)
SITE ADDRESS: