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HomeMy WebLinkAbout04 - GPI 2003-006 & GPA 2003-007CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 4 October 14, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Patrick J. Alford, Senior Planner (949) 644 -3235 palford(cDcity. newport-beach. ca. us SUBJECT: General Plan Amendment Initiations ISSUES: 1. Should the City Council initiate an amendment to the Land Use Element of the General Plan 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? — Balboa Theater (PA 2003 -212) 2. Should the City Council initiate an amendment to the Land Use Element of the General Plan to change the land use designation of property located at 3450 Via Oporto from Governmental, Educational, and Institutional Facilities to Retail and Service Commercial? — 3450 Via Oporto (PA 2003 -213). RECOMMENDATION: Adopt Resolution No. 2003 -_ 2003 -006 and GPI 2003 -007). DISCUSSION: Balboa Theater (Exhibit A) initiating amendments to the General Plan (GPI The subject property is a 5,130 square foot property located at 707 East Balboa Boulevard. The property is currently developed with the 6,912 square foot Balboa Theater building. The request is to change the Land Use Element intensity limit from a floor area ratio (FAR) of 0.5/1.0' to one based on the number of seats. The proposed intensity limit is 350 seats. While floor area and FARs are the most common form of intensity limit, the Land Use Element also establishes limits based upon other factors, including hotel rooms, theater The Land Use Element designates a number of commercial areas with a dual floor area limit, which allows land uses with lower traffic generation characteristics to exceed the primary floor FAR. GP Amendment Initiations October 14, 2003 Page 2 seats, and tennis courts. For example, the Land Use Element allocates 1,700 theater seats at Fashion Island in addition to the retail floor area limits. 3450 Via Oporto The proposed amendment is to correct a mapping error. The Land Use Element map designates the property as Governmental, Educational, and Institutional Facilities. However, the property is currently developed with a commercial use (a restaurant, currently vacant). The property has always had an industrial or commercial zoning classification and was designated as commercial under the 1957 Master Plan and the 1973 Land Use Plan. Staff believes the error occurred with the adoption of the 1988 Land Use Element map. The property abuts the Elks Lodge property at 3456 Via Oporto, which is correctly designed Governmental, Educational, and Institutional Facilities. Staff believes the Elks Lodge land use designation was inadvertently extended to the subject property. The error was carried over onto subsequent maps. Action by the Planning Commission: On September 18, 2003, the Planning Commission voted 6 -1 to recommend that the City Council initiate the Balboa Theater amendment and voted unanimously to recommend that the City Council initiate the Via Oporto amendment. The Planning Commission also initiated code amendment (CA 2003 -008) relating to the Via Oporto property. The amendment would change the zoning classification from GEIF District to the RSC District. Environmental Review: None required for the initiation of amendments. Public Notice: None required for the initiation of amendments. Prepared by: Patrick J. Alford Senior Planner Attachments: Draft resolution of intent. Submitted by: Patricia L. Temple r� Planning Director RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH INITIATING AMENDMENTS TO THE GENERAL PLAN [GPI RELATING TO PROPERTY AT 707 EAST BALBOA BOULEVARD [2003 -006] AND 3450 VIA OPORTO [GPI 2003 -0071 WHEREAS, the Balboa Theater Foundation has requested the initiation of an amendment to the Land Use Element to change the intensity limit from a floor area ratio of 0.5/1.0 to one based on the number of seats for property located at 707 East Balboa Boulevard; and WHEREAS, the property located at 3450 Via Oporto was incorrectly designated Governmental, Educational, and Institutional Facilities with the adoption of the 1988 Land Use Element Map and amendments to the Land Use Element and the Zoning Code are required to change the land use designation to Retail and Service Commercial and the zoning district classification to Retail and Service Commercial; and WHEREAS, City Council Policy K -1 establishes that amendments to the General Plan shall be initiated by the City Council after recommendation from the Planning Commission. WHEREAS, on September 18, 2003, the Planning Commission voted 6 -1 to recommend that the City Council initiate the Balboa Theater amendment and voted unanimously to recommend that the City Council initiate the Via Oporto amendment; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Newport Beach initiation of a General Plan amendment (GPI 2003 -006) to change the intensity limit for property at 707 East Balboa Boulevard from a floor area ratio to one based on the number of seats and initiates a General Plan amendment (GPI 2003 -007) to change the land use designation of property located at 3450 Via Oporto from 3 Governmental, Educational, and Institutional Facilities to Retail and Service Commercial to the City Council and initiates an amendment to Title 20 of the Newport Beach Municipal Code to change the zoning district classification from the GEIF District to the RSC District. This resolution was adopted at a regular meeting of the City Council of the City of Newport Beach held on October 14, 2003, by the following vote, to wit: ATTEST: CITY CLERK AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS MAYOR 2 tit