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CITY OF NEWPORT BEACH - - - - - - - --
CITY COUNCIL STAFF REPORT 3-
Agenda Item No. 32
December 9, 2003
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Planning Department
Daniel R.-Trimble, Program Administrator
(949) 644 -3230
dtrimble()ciN.newport- beach.ca.us
SUBJECT: Landmark Buildings, Code Amendment No. 2003 -009; and Balboa Theater,
707 East Balboa Boulevard, General Plan Amendment No. 2003 -006 and
Local Coastal Program Amendment No. 2003 -005 (PA2003 -212)
ISSUES:
Should the City Council amend Title 20 of the Municipal Code to specify a maximum height
limitation specific to Landmark Buildings?
Should the City Council amend the Land Use Element of the General Plan and Local Coastal
Program land use designations to change the intensity limit for property located at 707 East
Balboa Boulevard from a floor area ratio to one based on the number of seats?
RECOMMENDATIONS:
1) Approve first reading of Ordinance No. 2003- (Exhibit A) amending Title 20 of
the Municipal Code, and
2) Adopt Resolution No. 2003- (Exhibit B) amending the General Plan and Local
Coastal Program.
DISCUSSION:
On November 20, 2003 the Planning Commission voted 7 -0 to recommend to the City
Council approval of GPA No. 2003 -006, LCPA No. 2003 -005, and CA 2003 -009. The
November 20, 2003 Planning Commission Staff Report and a Supplemental Staff Report are
attached and describe the proposed amendments.
The discussion during the Commission hearing focused on possible changes in intensity of
use and, to a lesser extent, existing non - conforming conditions as well as what structural
elements would be allowed within the 55 foot height limit. The main concern was how any
change in height and therefore intensity would be regulated. Staff responded by clarifying
that finding 2 in the proposed Code Amendment allows for the expanded height but only if the
use is not intensified.
Amendments PA 2003 -212
December 9, 2003
Page 2
Environmental Review:
This project has been reviewed, and it has been determined that it is categorically exempt
under the requirements of the California Environmental Quality Act under Class 5 (Minor
Alterations in Land Use Limitations). The site is currently developed with a commercial
structure within an urbanized area, utilities are available and no significant environmental
resources are located on the site.
Public Notice:
Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300
feet of the property and posted at the site a minimum of 10 days in advance of this hearing
consistent with the Municipal Code. A notice was also sent to the property owners of each of
landmark buildings. Additionally, the item appeared upon the agenda for this meeting, which
was posted at City Hall and on the city website.
Prepared by:
Daniel R. Trimble
Program Administrator
Submitted by:
/A
'(Let
Sharon Z. Wood `
Assistant City M,a )ager
Attachments: A. Proposed Ordinance 2003-
B. Proposed Resolution 2003 -_
C. Draft Planning Commission Resolution
D. Planning Commission Staff Report, November 20, 2003
E. Supplemental Planning Commission Staff Report
F. Draft Planning Commission Minutes, November 20, 2003
6I
9.
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ORDINANCE NO. 2003_
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH APPROVING CODE AMENDMENT
NO. 2003 -0.09 TO SPECIFY A MAXIMUM HEIGHT
LIMITATION SPECIFIC TO LANDMARK BUILDINGS
(PA2003 -212)
Section 1. The City initiated several amendments with respect to property
located at 707 East Balboa Boulevard and legally described as Balboa Tract, Block 10,
Lot 4 &5, proposing to change the General Plan and Local Coastal Plan land use
intensity limit from a floor area ratio to a number of seats standard, and change Title 20
of the Municipal Code to specify a maximum height limitation specific to Landmark
Buildings.
Section 2. A public hearing was held on November 20, 2003 in the City Hall
Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of
time, place and purpose of the aforesaid meeting was given in accordance with the
Municipal Code. Evidence, both written and oral, was presented to and considered by
the Planning Commission at this meeting. At the conclusion of this meeting, the Planning
Commission adopted Resolution No. 1620, recommending that the City Council approve
the proposed amendment to the zoning district map.
Section 3. The City Council held a public hearing on December 9, 2003 in the
City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A
notice of time, place and purpose of the aforesaid meeting was given in accordance
with the Municipal Code. Evidence, both written and oral, was presented to and
considered by the City Council at this meeting.
Section 4. The subject property is located within General Plan Land Use
Element Statistical Area D3 Central Balboa Area. The Central Balboa Area is
designated for Retail and Service Commercial, pure residential uses and mixed
commercial /residential uses with residential uses permitted on the second floor or
above only. The Balboa Theater.site is designated Retail and Service Commercial.
Section 5. The proposed project has been determined to be Categorically
Exempt under the Class 5 (Minor Alterations in Land Use Limitations) requirements of
the California Environmental Quality Act (CEQA), and the State CEQA Guidelines. The
site is currently developed with a commercial structure within an urbanized area, utilities
are available and no significant environmental resources are located on the site.
Section 6: The City Council of the City of Newport Beach does hereby approve
Code AmendMent No. 2003 -009 as depicted in Attachment "l ".
3
Ordinance No. 2003 -
Page 2 of 3
Section 7: The Mayor shall sign and the City Clerk shall attest to the passage of
this Ordinance. This Ordinance shall be published once in the official newspaper of the
City, and the same shall become effective thirty (30) days after the date of its adoption.
This ordinance was introduced at a regular meeting of the City Council of the City of
Newport Beach, held on the _ day of 2003, and adopted on the _ day
Of 2003, by the following vote, to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT COUNCIL MEMBERS
MAYOR
ATTEST:
CITY CLERK
1�
•
Ordinance No. 2003 -
Page 3 of 3
. ATTACHMENT "1"
TO ORDINANCE NO.
Section 20.65.070 (Exceptions to Height Limits) shall remain unchanged except for
the following added subsection:
"H. Landmark Buildings. Any alteration or addition to a Landmark Building
(see Section 20.62.065) shall be exempt from the restrictions of this
chapter, provided any such structural alteration or addition that exceeds
the height of the existing structure shall require a use permit and shall not
exceed fifty -five (55) feet." The use permit may be approved only if the
following findings are made:
1. The portion of the structural alteration or addition that exceeds the
height of the existing building does not significantly impact public
views.
2. The portion of the structural alteration or addition that exceeds the
height of the existing building will not be used in a manner that
increases the intensity of the use of the Landmark Building or the
project site.
• 3. The height of the Landmark Building approved by the use permit
will not, under the circumstances of the particular case, be
detrimental to the health, safety, peace, comfort and general
welfare of persons residing or working in the neighborhood of the
Landmark Building."
• �
RESOLUTION NO. 2003 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT •
BEACH APPROVING GENERAL PLAN AMENDMENT NO. 2003 -006,
LOCAL COASTAL PLAN AMENDMENT NO. 2003 -005 FOR
PROPERTY IDENTIFIED AS 707 EAST BALBOA BOULEVARD
(PA2003 -212)
Section 1. The City initiated several amendments with respect to property
located at 707 East Balboa Boulevard and legally described as Balboa Tract, Block 10,
Lot 485, proposing to change the General Plan and Local Coastal Plan land use intensity
limit from a floor area ratio to a number of seats standard, and change Title 20 of the
Municipal Code to specify a maximum height limitation specific to Landmark Buildings.
Section 2. A public hearing was held on November 20, 2003 in the City Hall
Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time,
place and purpose of the aforesaid meeting was given in accordance with the Municipal
Code. Evidence, both written and oral, was presented to and considered by the Planning
Commission at this meeting. At the conclusion of said hearing, the Planning Commission
adopted Resolution No. 1620, recommends that the City Council approve General Plan
Amendment No. 2003 -006 and Local Coastal Plan Amendment No. 2003 -005.
Section 3. A public hearing was held by the City Council on December 9, 2003 .
in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A
notice of time, place and purpose of the aforesaid meeting was given in accordance with
the Municipal Code. Evidence, both written and oral, was presented to and considered by
the City Council.
Section 4. The City Council finds as follows:
1. The City's General Plan requires the City insure redevelopment of older or
underutilized properties and preserve the value of property by allowing for some
modest growth, while maintaining acceptable levels of traffic service. The
amendment would reduce the allowable intensity by 450 seats from the existing
800 seats which, in turn, reduces parking demand and trip generation. The
amendment is therefore consistent with this policy in that it establishes a land
use limit based upon a typical trip generation characteristic. The reduction in
intensity ensures that traffic will not exceed acceptable levels.
2. The City's General Plan requires the City encourage its community commercial
districts to reflect and complement the high quality of its residential areas. The
City shall promote the prosperity of its several community commercial districts
through the adoption and application of its planning, zoning, building and public
works codes, regulations, policies and activities. The subject property is located •
in the center of the Central Balboa commercial area fronting on Balboa
to
City Council Resolution No.
Page 2 of 3
• Boulevard. Any development on the property will'still be subject to the Landmark
Buildings regulations as well as the Balboa Village Design Guidelines to ensure
compatibility with the surrounding commercial district and neighborhood.
3. The change of the land use intensity standards of the subject property from floor
area ratio to number of seats within the Local Coastal Plan Amendment shall
only become effective upon the approval of Local Coastal Plan No. 2003 -005 by
the California Coastal Commission.
4. The proposed project has been determined to be Categorically Exempt under the
Class 5 (Minor Alterations in Land Use Limitations) requirements of the California
Environmental Quality Act (CEQA), and the State CEQA Guidelines. The site is
currently developed with a commercial structure within an urbanized area, utilities
are available and no significant environmental resources are located on the site.
Section 5. Based on the aforementioned findings, the City Council hereby
approves General Plan Amendment No. 2003 -006 and Local Coastal Plan Amendment
No. 2003 -005 as depicted in Attachment "1 ".
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 25th day of
November, 2003 by the following vote to wit:
AYES, COUNCIL MEMBERS
NOES, COUNCIL MEMBERS
ABSENT, COUNCIL MEMBERS
1yo -7
ATTEST:
CITY CLERK-
City Council Resolution No._
Page 3 of 3
ATTACHMENT "1"
TO RESOLUTION NO. _
All provisions of the Land Use Element of the General Plan remain unchanged
except for the following additional text:
Central Balboa Area, Section 5.
"The Balboa Theater property located at 707 East Balboa Boulevard is designated for
Retail and Service Commercial land use and is allocated 350 theater seats associated
with its use as a community theater."
All provisions of the Local Coastal Program remain unchanged except for the
following additional text:
Central Balboa Area, Section 5.
"The Balboa Theater property located at 707 East Balboa Boulevard is designated for
Retail and Service Commercial land use and is allocated 350 theater seats associated
with its use as a community theater." •
Y
DRAFT
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
NEWPORT BEACH RECOMMENDING THE CITY COUNCIL APPROVE
GENERAL PLAN AMENDMENT NO. 2003 -006, LOCAL COASTAL
PLAN AMENDMENT NO. 2003 -005 FOR PROPERTY IDENTIFIED AS
707 EAST BALBOA BOULEVARD AND CODE AMENDMENT NO.
2003 -009 FOR LANDMARK BUILDINGS (PA2003 -212)
Section 1. The City initiated several amendments with respect to property
located at 707 East Balboa Boulevard and legally described as Balboa Tract, Block 10,
Lot 4 &5, proposing to change the General Plan and Local Coastal Plan land use intensity
limit from a floor area ratio to a number of seats standard, and change Title 20 of the
Municipal Code to specify a maximum height limitation specific to Landmark Buildings.
Section 2. A public hearing was held on November 20, 2003 in the City Hall
Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time,
place and purpose of the aforesaid meeting was given in accordance with the Municipal
Code. Evidence, both written and oral, was presented to and considered by the Planning
Commission at this meeting.
0 Section 3. The Planning Commission finds as follows:
1. The City's General Plan requires the City insure redevelopment of older or
underutilized properties and preserve the value of property by allowing for some
modest growth, while maintaining acceptable levels of traffic service. The
amendment would reduce the allowable intensity by 450 seats from the existing
800 seats which, in turn, reduces parking demand and trip generation. The
amendment is therefore consistent with this policy in that it establishes a land
use limit based upon a typical trip generation characteristic. The reduction in
intensity ensures that traffic will not exceed acceptable levels.
2. The City's General Plan requires the City encourage its community commercial
districts to reflect and complement the high quality of its residential areas. The
City shall promote-the prosperity of its several community commercial districts
through the adoption and application of its planning, zoning, building and public
works codes, regulations,. policies and activities. The subject property is located
in the center of thef Central Balboa commercial area fronting on Balboa
Boulevard. Any development on the property will still be subject to the Landmark
Buildings regulations as well as the Balboa Village Design Guidelines to ensure
compatibility with the surrounding commercial district and neighborhood.
3. The Code amendment would specify a maximum height limitation specific to
Landmark Buildings and establish a permit process that would regulate
development of properties subject to the Landmark Building Ordinance, The
Code amendment does not add to or reduce the permitted height to any of the
Planning Commission Resolution No.
Page 2 of 5
subject properties. Any development seeking to alter or increase the height of a .
subject property would be required to apply for a Use Permit pursuant to the
provisions established by this Code amendment.
4. The change of the land use intensity standards of the subject property from floor
area ratio to number of seats within the Local Coastal Plan Amendment shall
only become effective upon the approval of Local Coastal Plan No. 2003 -005 by
the California Coastal Commission.
5. The proposed project has been determined to be Categorically Exempt under the
Class 5 (Minor Alterations in Land Use Limitations) requirements of the California
Environmental Quality Act (CEQA), and the State CEQA Guidelines. The site is
currently developed with a commercial structure within an urbanized area, utilities
are available and no significant environmental resources are located on the site.
Section 4. Based on the aforementioned findings, the Planning Commission
hereby recommends that the City Council approve General Plan Amendment No. 2003-
006 as depicted in Attachment "A ", Local Coastal Plan Amendment No. 2003 -005 as
depicted in Attachment "B" and Code Amendment No. 2003 -009 as depicted in
Attachment "C ".
PASSED, APPROVED AND ADOPTED THIS 20u' DAY OF NOVEMBER 2003.
BY:
Earl McDaniel, Chairman
Michael Toerge, Secretary
AYES:
ABSENT:
DRAFT
11
10 0
Planning Commission Resolution No.
Page 3 of 5
ATTACHMENT "A"
TO RESOLUTION NO.
All provisions of the Land Use Element of the General Plan remain unchanged
except for the following additional text:
Central Balboa Area, Section 5.
"The Balboa Theater property located at 707 East Balboa Boulevard is designated for
Retail and Service Commercial land use and is allocated 350 theater seats associated
with its use as a community theater."
w�0
9
I!
Planning Commission Resolution No. _
Page 4 of 5
ATTACHMENT "B"
TO RESOLUTION NO. _
All provisions of the Local Coastal Program remain unchanged except for the
following additional text: .
Central Balboa Area, Section 5.
"The Balboa Theater property located at 707 East Balboa Boulevard is designated for
Retail and Service Commercial land use and is allocated 350 theater seats associated
with its use as a community theater."
0.
) < 0
Planning Commission Resolution No.
Page 5 of 5
• ATTACHMENT "C"
TO RESOLUTION NO. _
Section 20.65.070 (Exceptions to Height Limits) shall remain unchanged except for
the following added subsection:
"H. Landmark. Buildings. Any alteration or addition to a Landmark Building
(see Section 20.62.065) shall be exempt from the restrictions of this
chapter, provided any such structural alteration or addition that exceeds
the height of the existing structure shall require a use permit and shall not
exceed fifty -five (55) feet." The use permit may be approved only if the
following findings are made:
1. The portion of the structural alteration or addition that exceeds the
height of the existing building does not significantly impact public
views.
2. The portion of the structural alteration or addition that exceeds the
height of the existing building will not be used in a manner that
increases the intensity of the use of the Landmark Building or the
project site.
3. The height of the Landmark Building approved by the use permit
• will not, under the circumstances of the particular case, be
detrimental to the health, safety, peace, comfort and general
welfare of persons residing or working in the neighborhood of the
Landmark Building."
l�
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT •
Agenda Item No. 4
November 20, 2003
TO: PLANNING COMMISSION
FROM: Planning Department
Daniel'R. Trimble, Program Administrator
(949) 644 -3230
dtrimbleCil city. newport- bea ch. ca. us
SUBJECT: Landmark Buildings; Balboa Theater, 707 East Balboa Boulevard
General Plan Amendment No. 2003 -006, Local Coastal Program
Amendment No. 2003 -005, Code Amendment No. 2003 -009 (PA2003-
212)
Request to amend the Land Use Element of the General Plan and Local
Coastal Program land use designations to change the intensity limit for
property located at 707 East Balboa Boulevard from a floor area ratio to one
based on the number of seats and amend Title 20 of the Municipal Code to
specify a maximum height limitation specific to Landmark Buildings.
APPLICANT:City Initiated .
RECOMMENDATION:
Staff recommends that the Planning Commission recommend approval of the listed
amendments to the City Council by adopting the attached draft resolution.
0
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VICINITY MAP
VICINITY MAP
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707 East Balboa Boulevard
General Plan Amendment No..•2003 -006, Local Coastal Program Amendment No.
2003 -005. Code Amendment No. 2003 -009 IPA2003 -2121
Current
Development:
Two story
commercial buildin
To the north:
Single story
commercial building across East Balboa Blvd.
To the east:
Two story
Mixed use round floor commercial second floor residential
,
To the south:
Two story
hotel Balboa Inn
To the west:
Two story
commercial buildin
/C�
DISCUSSION:
Background: •
The City Council took action on October 14, 2003 and October 28, 2003 to initiate the
requested GP, LCP, and Code amendments.
The General Plan and Local Coastal Program amendments would affect one property at
707 East Balboa Boulevard. The subject property is located on the southerly side of
East Balboa Boulevard between Main Street and Washington Street. The property is a
two story commercial building with no on -site parking. As of the writing of this staff
report the building is being restored as a community theater.
The Zoning Code amendment would affect four properties which are the Balboa
Pavilion, Balboa Theater, Lido Theater, and Port Theater.
Analysis
The General Plan and Local Coastal Program amendments would change the density
calculation for the existing theater use at 707 East Balboa Boulevard from a Floor Area
Ratio standard to a number of seats standard. If the GP, LCP and Zoning Code
amendments are approved, the landmark buildings would be required to apply for a use
permit in order to alter the existing structure height.
General Plan and Local Coastal Program amendments •
The subject property is located within General Plan Land Use Element Statistical Area
D3 Central Balboa Area. The Central Balboa Area is designated for Retail and Service
Commercial, pure residential uses and mixed commercial /residential uses with
residential uses permitted on the second floor or above only. The Balboa Theater site is
designated Retail and Service Commercial.
The Land Use Element of the General Plan sets forth objectives, policies and limitations
for development in the City and designates the general distribution and location of land
uses and residential and commercial densities. During its review, staff found that
policies B, and L should be considered.
Land Use Element Policy B states:
"To insure redevelopment of older or underutilized properties, and to preserve the value
of property, the floor area limits specified on the Land Use Element allow for some
modest growth. To insure that traffic does not exceed the level of service desired by the
City, variable floor area limits shall be established based on the trip generation
characteristics of land uses. [GPA 96- 1(D)]."
The Retail and Service Commercial designation allows for a commercial use with a .
maximum floor area ratio (FAR) of 0.5 or a mixed use development up to FAR of 1.25
lb
on the subject property. The FAR of the existing structure is 1.37. However, traffic and
. parking generation associated with a theater use is measured by the number of seats.
The proposed land use intensity limit would permit a maximum of 350 seats associated
with a theater use on the subject property. The amendment would reduce the allowable
intensity by 450 seats from the existing 800 seats which reduces parking demand and
trip generation. The proposed amendment is therefore consistent with this policy in that
it establishes a land use limit based upon a typical trip generation characteristic. The
reduction in intensity ensures that traffic will not exceed acceptable levels.
Land Use Element Policy L states:
"The City shall encourage its community commercial districts to reflect and complement the
high quality of its residential areas. The City shall promote the prosperity of its several
community commercial districts through the adoption and application of its planning,
zoning, building and public works codes, regulations, policies and activities."
The subject property is located in the center of the Central Balboa commercial area
fronting on Balboa Boulevard. Should the proposed amendment and accompanying
Code Amendment be approved, development on the property will still be subject to the
Landmark Buildings regulations as well as the Balboa Village Design Guidelines to
ensure compatibility with the surrounding commercial district and neighborhood.
The restoration of the structure on the subject property and the operation of the
• community theater use will revive a destination activity for residents and visitors. This
would benefit existing uses in the commercial district such as restaurants. The
restoration of this structure and the revitalization of the use are also consistent with the
City's $8 million pedestrian and streetscape improvements in Balboa Village.
Charter Section 423. Protection from Traffic and Density (Measure S Analysis)
The amendment consists of a change in the land use intensity measurement from FAR
to number of seats. The amendment will result in a net decrease in the number of
permitted seats associated with the community theater within the General Plan. The
reduction of 450 seats will result in a decrease in average daily vehicle trips. Therefore,
none of the three thresholds to require a vote pursuant to Charter Section 423 (Measure
S) are exceeded.
Local Coastal Plan Amendment
The subject property is located within the Central Balboa Area statistical area (Central
Balboa). Like the General Plan, the Local Coastal Plan designates the subject propertyfor
Retail and Service Commercial uses with residential uses permitted on the second floor
or above only. The Local Coastal Program also allows a minimum of one dwelling unit
permitted per lot.
. Coastal Act policies state that visitor serving commercial uses are a priority over
residential uses in the coastal zone and that land uses should not impact public views,
i-4
coastal access or coastal environmental resources. The existing commercial structure
on the subject property contributes to the quantity of commercial establishments in the .'
Central Balboa area and will serve both residents and visitors, but is non - conforming
because it exceeds the maximum permitted FAR and does not provide any off - street
parking. There are no public views through or across the property that will be adversely
impacted by this amendment. Additionally, coastal access will not be impeded by the
proposed amendment due to the location of the property and the fact that the lot is
entirely covered by the existing building. The reduction in intensity will reduce off -site
parking demands, thereby reducing any impact to coastal access through a reduction in
parking availability.. The property in question is void of measurable environmental or
biological resources.
Zoning Code Amendment
In addition to the General Plan and Local Coastal Program amendments, staff proposes
a Code Amendment to the Landmark Building chapter in Title 20 of the Zoning Code
related to building height.
The Code amendment would specify a maximum height limitation (existing height or 50
feet) specific to Landmark Buildings and establish a permit process that would regulate
development of properties subject to the Landmark Building Ordinance. Approval of
the Code amendment does not add to or reduce the permitted height to any of the
subject properties. Any development seeking to alter or increase the height of a subject .
property would be required to apply for a Use Permit pursuant to the provisions
established by this Code amendment.
The reason for providing flexibility for landmark buildings is tied to the Building Code
and ADA regulations, specifically elevators. During the restoration of any of the subject
properties an elevator will be required for fire safety and disabled persons access.
These structures will exceed height limits as all four landmark buildings are non-
conforming. This is consistent with the proposed General Plan and Local Coastal
Program designations if they are approved as the amendments together would allow for
an effective and feasible restoration of the Balboa Theater structure as well as a viable
community theater use. The implementation section of Land Use Element Policy L
expressly supports this type of flexibility.
`Guidelines 4' The City recognizes that the older and historic building within its
community commercial districts often require special consideration and concessions.
`Planning and Building 2. The' City shall encourage the refurbishment, remodeling and
modest expansion of older, nonconforming buildings within community commercial
districts by grandfathering such nonconforming uses when feasible and practicable."
' Planni0g and Building 6. The City shall utilize the less stringent historical building
codes whenever feasible and practicable to promote the restoration of older commercial
buildings.
•
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If approved, future development on the subject property would still be required to
comply with all development and land use regulations established in the Landmark
Buildings chapter and, in the case of the Balboa Theater and Balboa Pavilion, they
would also be regulated by the Balboa Village Design Guidelines.
Environmental Review:.
This project has been reviewed, and it has been determined that it is categorically exempt
under the requirements of the California Environmental Quality Act under Class 5 (Minor
Alterations in Land Use Limitations). The site is currently developed with a commercial .
structure within an urbanized area, utilities are available and no significant environmental
resources are located on the site.
Public Notice:
Notice of this hearing was published in the Daily Pilot, mailed to property owners within
300 feet of the property and posted at the site a minimum of 10 days in advance of this
hearing consistent with the Municipal Code. A notice was also sent to the property
owners of each of landmark buildings. Additionally, the item appeared upon the agenda
for this meeting, which was posted at City Hall and on the city website.
Conclusion:
The Commission may decide that the change of General Plan land use intensity
standard is not appropriate for the subject property or that the specification of a height
limit for Landmark Buildings is not appropriate. If this is the case the Commission may
recommend that Council not approve the proposed amendments. This would likely
forestall the efforts to restore the Balboa Theater and may result in the restoration effort
being abandoned. However, the Commission may find that the proposed amendments
are consistent with the objectives and policies of the General Plan Land Use Element
and that the specification of a height limit for Landmark Buildings is appropriate. This
would likely result in the Balboa Theater restoration moving forward via a Use Permit
application in the next couple of months. Should the Commission determine that a
favorable recommendation to the City Council is appropriate, staff has included a draft
Planning Commission Resolution,as Exhibit "A ".
Prepared by:
Daniel Trimble, Program Administrator
Submitted by:
Patricia L. Temple, Planning Director
Exhibits:
1. Resolution No. findings for recommendation of approval
6
CITY OF NEWPORT BEACH
SUPPLEMENTAL
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 4
November 20, 2003
TO: PLANNING COMMISSION
FROM: Planning Department
Daniel R. Trimble, Program Administrator
(949) 644 -3230
dtrimb lea city. newport- beach. ca. us
SUBJECT: Landmark Buildings; Balboa Theater, 707 East Balboa Boulevard
General Plan Amendment No. 2003 -006, Local Coastal Program
Amendment No. 2003 -005, Code Amendment No. 2003 -009 (PA2003-
212)
Request to amend the Land Use Element of the General Plan and Local
Coastal Program land use designations to change the intensity limit for
property located at 707 East Balboa Boulevard from a floor area ratio to one
based on the number of seats and amend Title 20 of the Municipal Code to
specify a maximum height limitation specific to Landmark Buildings.
APPLICANT:City Initiated
Staff recommends that the Planning Commission recommend approval of the listed
amendments to the City Council, as shown in the revised Attachment C, to the draft
resolution.
DISCUSSION:
In continuing to think about the proposed Code Amendment, staff has concluded that
the findings required for a use permit to exceed the base height limit, found in Section
20.65.055, would not be appropriate for the proposed height provision specific to
Landmark Buildings. The findings in Section 20.65.055 relate to architecture and
design, whereas the purpose of the Landmark Buildings section is to preserve and
encourage the adaptive reuse of historic structures. Staff is recommending the
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LI
following findings be required for the use permit established by the proposed Code
Amendment.
1. The portion of the structural alteration or addition that exceeds the
height-of the existing building does not significantly impact public
views.
2. The portion of the structural alteration or addition that exceeds the
height of the existing building will not be used in a manner that
increases the intensity of the use of the Landmark Building or the
project site.
3. The height of the Landmark Building approved by the use permit
will not, under the circumstances of the particular case, be
detrimental to the health, safety, peace, comfort and general
welfare of persons residing or working in the neighborhood of the
Landmark Building.
The proposed findings are intended to assist staff and the Planning Commission in
determining whether approval of the use permit is appropriate. The first finding seeks to
protect public views from significant impacts. The second finding seeks to control
intensification of use with out limiting alterations or additions necessary for a viable
restoration. The third finding is a standard one that the City requires for all discretionary
permits.
Staff is also recommending that the height limit be fifty -five (55) feet rather than the fifty
(50) feet proposed in the previous staff report. This revision will accommodate the
elevator required for the proposed restoration of the Balboa Theater. Due to fire
regulations, elevators in the Theater, and in all of the Landmark Buildings, will need to
be large enough to accommodate a gurney. Because the square footage of these
elevator towers will exceed the twenty -five (25) square foot exception from the height
limit, staff is recommending that the Landmark Buildings height provision anticipate this
need and facilitate renovation and adaptive reuse of these buildings.
Prepared by:
Daniel Trimble, Program Administrator
Exhibit: Revised "Attachment C'
Submitted by:
Patricia L. Temple, Planning Director
'I
ATTACHMENT 6V$
TO RESOLUTION NO.
Section 20.65.070 (Exceptions to Height Limits) shall remain unchanged except for
the following added subsection:
"H. Landmark Buildings. Any alteration or addition to a Landmark Building
(see Section 20.62.065) shall be exempt from the restrictions of this
chapter, provided any such structural alteration or addition that exceeds
the height of the existing structure shall require a use permit and shall not
exceed fifty -five (55) feet." The use permit may be approved only if the
following findings are made:
1. The portion of the structural alteration or addition that exceeds the
height of the existing building does not significantly impact public
views.
2. The portion of the structural alteration or addition that exceeds the
height of the existing building will not be used in a manner that
increases the intensity of the use of the Landmark Building or the
project site.
3. The height of the Landmark Building approved by the use permit ,
will not, under the circumstances of the particular case, be
detrimental to the health, safety, peace, comfort and general
welfare of persons residing or working in the neighborhood of the
Landmark Building."
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Planning Commission Minutes 11/20/2003
)erational requirement of businesses issued a use permit under this
ovision. It would be appropriate to modify if the Commission wanted with
60 day time period to get the training.
comment was opened
comment was closed.
otion was
made by Comm issioner'Tucker approve Use Permit No. 2003-
9 to allow an eating and drinking establishment within Neiman - Marcus to
erate under a Type 47 (On -Sale General Eating Place) License, subject
the findings and conditions of approval attached with modification to
ndition 5, to insert the words at the end of the sentence, ..'within 60
ys becoming an employee of the applicant'. Also on condition 15,
Mete the sentence, 'The sale for off -site consumption of alcoholic
verages is prohibited.' I don't have a fear that Neiman - Marcus selling out
their restaurant will turn into a liquor store type of problem.
Ayes
Noes: None
Absent:1 None
Abstain:l None
Landmark Buildings
707 East Balboa Boulevard
!quest for a General Plan Amendment to the Land Use Element of
meral Plan and Local Coastal Program to change the intensity limit
7 East Balboa Boulevard from a floor area ratio to one based on
mber of seats and a Code Amendment to Title 20 of the Municipal C,
add a specific height limitation for landmark buildings.
in Trimble, Program Administrator gave an overview of the staff report
ting that the Code Amendment would specify a maximum heigh
citation that would only apply to the Landmark Buildings. The reason fo
s flexibility is tied to the renovations that would be needed, specifically
:vators and ADA regulations. He concluded with the recommendation tc
opt the resolution and three attachments, the General Plan Amendment
a Local Coastal Program Amendment and the Zone Code Amendment.
• supplemental staff report has the findings that would go along with the
• permit. He then noted two corrections to the resolution, an extra wort
d reference to 50 feet should read 55 feet.
Toerge asked for the current height of the four
(dings.
Pr. Trimble answered that each of them is under the 55 foot height and
on- conforming status may be at or over the existing height limits. He
not know the exact height of each building. This item would allow for
xpansion of the building itself to the height limit.
Page 6 of 15
ITEM NO. 4
PA2003 -212
Recommended
for Approval
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Planning Commission Minutes 11/20/2003
mmissioner Toerge asked under the circumstances that a building mig
demolished, whether choice or disaster, does the action before us off
additional rights to the existing development should they rebuild it oth
n what they have today?
r. Trimble answered it does not by right, it does by use permit and tt
ould need to meet the.frndings of the use permit, which would be
gards to significant views and visual impacts as well as not allowing
i intensification of use. They can build higher, but they can not intent
e use of that structure.
s. Temple added that if the property owner with a Landmark Buildin
ould elect to demolish the entire structure by his own judgment with th
cception of those in the Central Balboa Specific Plan, outrigl
construction would not be allowed as it would no longer be a Landmar
gilding. In the case of natural disaster or act of public enemy, our Nor
informing Chapters does allow reinstatement of non - conforming rights i
ertain circumstances.
ommissioner Toerge, referring to page 4 of the staff report, noted the
eduction in intensity insures that traffic will not exceed 'acceptable levels'.
ow are 'acceptable levels' defined?
r
Trimble answered that staff took the existing non - conforming m
the floor area ratio and considered the 800 seats, which is the E
iacity, to be equivalent and going off from the reduction of 450
t is how we made that conclusion.
GIs. Temple answered that the City's General Plan assumes continuation o
all the uses that are non - conforming. In the General Plan, we make the
udgment that the traffic system and the land use plan are correlated.
(here is the presumption that those 800 seats stay forever within ou
Overall land use and circulation balance. With the project that reduces tha
ion- conforming number, it should be less in terms of traffic.
r
imissioner Tucker noted that the motivation for the 55 foot height lira
to do with ADA type access, the way the Code Section is written, if th
icant came in with sufficient reason for us to grant a use permit w
t have the duty to limit it to those type of uses in the higher areas.
mmissioner Eaton asked about. the roof deck being used
ertainment purposes. Does that fit within the non - conformity that
erent in the land mark designation? What is the capacity of the n
;k and has there been any discussion if that would be operati
iultaneously with events in the theater itself?
Trimble answered that we have recommended a condition that ti
ony not be used if the theater is being used to capacity. If there was
it event going on, not sold out and they wanted to have an event on ti
they would be within their capacity and still meet the intent of no
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Planning Commission Minutes 11/20/2003
We would allow joint use under those conditions.
comment was opened.
arol Hoffman, representing the Balboa Theater Foundation noted that tf
dinance is important and gives the Foundation flexibility. In operating
eater for the performing arts, you need an area for receptions ar
,tivities for donors. Seldom do those occur when a performance is goir
i because the very draw is for those types of activities for people who a
ring to the theater. At the time a use permit does come in, we cs
insider the kinds of conditions that would assure that there would not be
inflict in intensity. We do need the flexibility, we have taken out the sea
order to have a bigger stage and sound equipment to modernize tf
eater, so there is a reduction which does reduce the intensity. The de)
top expansion gives us an area that will work to enhance the operatioi
the theater. The 55 feet is important to give us the flexibility for tf
)ace and the deck will be controlled by a use permit.
lic comment was closed.
:ommissioner Toerge noted his concern if this would create an avenue th
could allow the Port Theater to add another floor. He stated he is having
and time because he did not know how tall it is and are approving a heig
mit of 55 feet that could potentially be an additional 10 -15 feet limit to
uilding that is much shorter. Are we creating something here, are the
ther findings or limitations to prevent that from happening?
r
Trimble answered that with respect to height limitation, they would stil
a to meet the findings that are within the Zone Code Amendment. They
Id not be able to intensify the use. The measure of the Port Theate
be FAR or the number of seats, I believe it is FAR currently.
ommissioner Tucker noted that the Commission has to be satisfied
5 feet is okay, but the limit is the existing height or up to 55 feet with a
ermit. The Port is a different situation than the Balboa Theater and I t
ach one of these buildings is unique. It gives flexibility because we (
ave any idea what someone mighWo to re -use one of these buildings
iat seems to be a policy decision the Council has made to try
ncourage. It doesn't mean it is going to be 55 feet, they need to show
has to be that.
missioner Kiser asked it it would impact the theater project if
ional space above the current historic building was not ad
able floor area?
Temple answered yes.
r. Trimble added that the Land Use Element Policy L statements I
)out the viability of a renovated structure. In discussions with
)plicant, one of the important economic functions of the theater space
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e deck space is the entertainment space that can be used for fund
rising. The lobby on the existing structure is not adequate to do any fund
rising activity. The actual body of the theater itself is sloped stadium
•
gating so that would not be available either. They do need a place for this
;tivity and have talked about putting a deck on the roof to add tha
)mponent. They also need to add and or upgrade dressing rooms, gurney�...
ze elevator, handicap accessible restrooms, heating, ventilation, etc.
LL
Q
otion was made by Commissioner Kiser to recommend to City Council
)proval of General Plan Amendment No. 20003 -006, Local Coastal
rogram Amendment No. 2003 -005, Code Amendment No. 2003 -009 a
-esented in the staff report according to the attached resolution with th
)ted edits.
Ayes:
Eaton, Cole, Toerge, McDaniel, Selich, Kiser and Tucker
Noes:
None
Absent:
None
Abstain:
None
UBJECT: Area 7 Annexation
ITEM NO. 5
PA2003 -149
General Plan amendment and pre- zoning for the territory knows as 'Area
Recommended
including West Santa Ana Heights, the Santa Ana Country Club, and the
for Approval
ea south of Mesa Drive and the Emerson Street Area.
•
hairperson McDaniel noted that the Planning Commission is dealing only
ith the zoning issues. We do not have the opportunity to approve or
sapprove this annexation. Speakers should limit their remarks to floor
ea ratios, heights and setbacks. Those of you who wish to discuss the
)tion of annexation need to made those comments to the City Council
ho will deal with that.
3rry Lawrence, consultant for the City, noted:
• The City Council directed staff to prepare an application to annex
West Santa Ana Heights, the Santa Ana Country Club and the
adjacent areas in March.
• Additionally, the city previously initiated annexation proceedings for
the small Emerson Street area off Tustin Avenue.
• None of these areas presently have zoning or land use designation
in the General Plan.
• The purpose of this item is to apply such zoning and land use
designations preparatory to annexation of subject territory.
•
• The West Santa Ana Heights and adjacent areas have been referred
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