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HomeMy WebLinkAbout1646 - APPROVE UP-707 EAST BALBOA BLVDRESOLUTION NO. 1646 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2004 -003 FOR PROPERTY LOCATED AT 707 EAST BALBOA BOULEVARD (PA2004 -032). THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: WHEREAS, an application was filed by Mary Lonich on behalf of the Balboa Performing Arts Theater Foundation, with respect to property located at 707 East Balboa Boulevard, requesting approval of Use Permit No. 2004 -003 permitting the use, alteration and additions to an existing, nonconforming theater by increasing in height of the building up to a maximum height of 55 feet pursuant to Section 20.65.070 of the Municipal Code. WHEREAS, the site is designated as Retail and Service Commercial by the Land Use Element of the General Plan and Local Coastal Program Land Use Plan and is located within the Central Balboa Specific Plan District (SP -8), which designates the site as Retail and Service Commercial. WHEREAS, a public hearing was held on September 23, 2004 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. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. WHEREAS, the Planning Commission finds: 1. The Retail and Service Commercial designations for the site permit the use of the site for commercial uses. Specifically, a theater at this location with no more than 350 seats is authorized by the General Plan Land Use Element and Local Coastal Program Land Use Plan. 2. The existing theater is a nonconforming use and nonconforming structure as it does not operate pursuant to an approved Use Permit, the building exceeds the 26 -foot basic height limit, the site provides no parking, and the building does not comply with the alley setback requirement. 3. The Balboa Theater qualifies as a landmark building as it was constructed in 1927, has a single stage and has approximately 450 seats. 4. Section 20.62.065 of the Municipal Code allows the use, alteration and expansion of a landmark building under specific conditions without obtaining a Use Permit. 5. The application proposes the use, alteration and expansion of a landmark building and the project meets the conditions contained within Section 20.62.065 of the Municipal Code that would exempt the activities and construction from obtaining a Use Permit for, the following reasons: Planning Commission Resolution No. Paae 2 of 9 a. The theater, as proposed, will occupy in excess of 70% of the building and the only accessory use proposed involves the hosting of theater — related social gatherings before and after performances that will include the service of food and beverages, including alcoholic beverages. b. A Use Permit per the Alcoholic Beverage Outlet Ordinance is not required because the Type 64 license that will be acquired is not subject to review under the ABO. c. The subject Use Permit and Development Plan applications are the only applications required by Title 20 that are not specifically exempt by Section 20.62.065. The project is required to obtain any permits required by all other Titles of the Municipal Code (i.e. live entertainment permits, building permits, encroachment permits, etc.). d. The proposed hours for accessory uses are 8:OOAM and 12:OOAM. e. The existing theater does not provide off - street parking and the number of seats will be reduced thereby reducing the required parking. The introduction of the accessory theater - related social functions will not occur at the same time as assembly occupancy of the theater and the total capacity of the roof -top deck is below 325 people; therefore, parking for the accessory use will not increase parking requirements. f. The proposed front elevation restores the theater to original condition through the use of window boxes and related architectural features, water downspouts, stucco surface and marquee sign. The design of the addition that faces the street is intended to complement the existing elevation by the use of identical roofing, stucco treatment and similar architectural features. The rear and portions of the side elevations that exceed the height of the adjacent buildings will re -use existing bricks as a new veneer to the new building walls. 6. The design features of the theater including site design and architecture, are generally consistent with the Balboa Village Design Framework and Guidelines for the following reasons: a. The project design continues the use of design elements from the existing Balboa Theater. The project will restore existing window boxes and related architectural features, water downspouts and the existing stucco surface. Additionally, the new architectural features are designed to match restored features and the existing brick veneer will be salvaged and used on those portions of building sides that exceed the height of the adjacent buildings in order to maintain the landmark qualities and enhance the historic use of the theater. The architectural expression of the front elevation is consistent with the guideline to provide simple ornamentation. b. The existing stucco finish is planned to be restored with new stucco areas to match existing in terms of texture. The exterior color must be authorized prior to painting to ensure that the color is complimentary to Balboa Village. Existing bricks of the rear wall will be used as a brick veneer for the new rear wall to maintain the integrity of the landmark status of the theater. c. The pedestrian scale of the project is maintained through awnings over the sidewalk, divided facades and compatible scale with adjacent buildings. The project has illuminated poster cases, a box office window, light niches at both ends, flag/banner Planning Commission Resolution No. _ Paae 3 of 9 poles and a marquee sign that keeps the building at a pedestrian scale. The increased setback of the proposed construction on the upper level of the project will assist in maintaining a pedestrian scale by reducing the mass in relation to the sidewalk. Although the theater height is approximately twice as tall as the adjacent buildings, the theater is a landmark building, which by definition is expected to be a more prominent than adjacent buildings. d. The project retains the existing front fagade and incorporates a tower feature, roof deck and mechanical equipment enclosure above creating a vertical expression of the architecture. The building elevations exhibit the concept of a regular repetition of fagade elements with consistent spacing and size that is in proportion to each other. The front elevation also includes the use of simple rectangular shapes found throughout the village. e. Although the proposed height of the theater exceeds the 26 to 35 foot height recommendation of the Guidelines, the status of the theater as a Landmark Building allows the height of the building to be increased up to 55 feet. The increased height of the building will ensure that the theater will become a more dominant structure in the area while adjacent buildings will maintain the 26 to 35 foot limit and not "compete' with the prominence of the landmark. f. The project will retain the existing tile roof of the front fagade and use matching roof material for the balance of the architectural design of the building. The proposed tower feature will create a prominent feature within the Central Balboa Village consistent with the overall intent of the guideline to create roof towers. The mansard type roof used at the deck is appropriate in this case as an alternative to a parapet feature that helps keep architectural balance between all roof features. g. The lack of a front setback East Balboa Boulevard will be continued with the proposed project consistent with the desire to maintain the historical 0 -foot setback of many of the building in the Balboa Village. The front doors are slightly setback from the property line to allow proper door swing off the sidewalk consistent with the existing fagade, typical of vintage theaters. h. The existing building covers 100% of the property and creating a garden atmosphere to screen undesirable elements of the project is not possible. Architectural elements to the front fagade such as window boxes and poster cases have been included in the design that enhance the overall appearance of the building helping to create an aesthetically pleasing design. i. Project lighting includes the use of lighted window boxes, lighted poster cases and light niches. Final lighting plans and a photometric study are required to ensure that negative lighting impacts and glare avoided. j. The project includes the approval of a marquee sign that is planned to be identical to the original sign, which is not in strict compliance with the guidelines contained in the Balboa Sign Overlay. Landmark buildings allow for the restoration of Landmark Buildings to there original condition, and therefore, compliance is not necessary. Planning Commission Resolution No. Pane 4 of 9 7. Section 20.65.070 of the Municipal Code allows the landmark buildings to be altered or expanded up to a maximum height of 55 feet provided the following findings are made: a. The portion of the structural alteration or addition that exceeds the height of the existing building does not significantly impact public views. The existing building is approximately 32 -feet 8- inches in height. The project site is flanked on either side by two story commercial buildings which are approximately 22 and 24 feet high. The increased height will not impact public views as there are currently no public views through or across the subject property due to the fact that the existing building occupies 100% of the project site. b. 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. The intensity of use of a theater is measured by its seating capacity. Historically, the Balboa Theater had approximately 450 seats. The proposed theater will have approximately 325 seats and may not have more than 350 seats per the Land Use Element of the General Plan. The additions will allow for larger areas for cast and crew accommodations. The new roof deck area will be used for special events and pre /post event gatherings. The roof deck may not be used concurrently with theater performances by patrons or guests other than those attending the performance. Additionally, the increased floor area will facilitate accessible elevators, restrooms and access areas as required by the Building Code. c. The proposed height of the Balboa Theater 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. The performing arts theater is located within an established commercial district with a variety of restaurant, residential, retail and visitor serving businesses. Although the height of the remodeled theater will be higher than most surrounding buildings, it will be of similar height to the Balboa Inn, which is located directly south of the subject site. The design incorporates architectural features to the keep the building at a pedestrian scale and the increased height reinforces the prominence of the theater as a landmark for Central Balboa. The project substantially complies with the Balboa Village Design Guidelines and specifically, it provides an elevated tower feature that is encouraged for the Balboa Village. Accessory uses that will occur on the rood deck are limited to pre and post performance, theater - related gatherings and are limited between the hours of 8AM to 12AM. 8. The project qualifies for a categorical exemption pursuant to the California Environmental Quality Act under Class 2 (Replacement or Reconstruction). This exemption allows for the reconstruction or replacement of a commerical structure with a structure of approximatiey same purpose and capacity. The nonconforming performing arts theater with an existing seating capacity of approximately 450 seats will be used as a performing arts theater with a reduced seating capacity of no more than 350 seats. Planning Commission Resolution No. Paoe 5 of 9 NOW, THEREFORE, BE IT RESOLVED Section 1. Based on the aforementioned findings, the Planning Commission hereby approves Use Permit No. 2004 -003, subject to the Conditions set forth in Exhibit "A ". Section 2. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk or this action is called for review by the City Council in accordance with the provisions of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 23rd DAY OF SEPTEMBER 2004. AYES: Cole, Toerge, Tucker, Selich and McDaniel ABSENT: Eaton BY: , Chairman BY: a u , i. . I,,.,.I _ e�. Secret Planning Commission Resolution No. _ Paae 6 of 9 EXHIBIT "A" CONDITIONS OF APPROVAL Use Permit No. 2004 -003 1. Use Permit No. 2004 -003 shall expire unless exercised within 24 months from the date of approval as specked in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 2. The development shall be in substantial conformance with the approved site plan, floor plans, building elevations and sections dated August 3, 2004 (Except as modified by applicable conditions of approval). 3. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City- adopted version of the California Building Code. 4. All improvements shall be constructed as required by Ordinance and the Public Works Department. 5. An encroachment permit is required for work activities within the public right -of -way. 6. Any modification to the approved plans shall require an amendment to this Use Permit or the processing of a new Use Permit. 7. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 8. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 9. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by the current owner or leasing company. 10. The Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit upon a determination that the operation, which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 11. All Development and operational characteristics shall conform to the provisions of Section 20.62.065 (Landmark Buildings) of the Municipal Code. The hours of operation of all accessory uses shall be limited to the hours between 8:OOAM and 12:OOAM. Planning Commission Resolution No. _ Page 7 of 9 12. This approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Municipal Code, unless the Planning Commission first approves a Use Permit. 13. The sale, delivery and consumption of alcoholic beverages is subject to the review and approval of the California Alcoholic Beverage Control Board. 14. The operator of the facility shall be responsible for the control of noise generated by the subject facility. Pre - recorded music and use of audio equipment shall be restricted to the interior only, provided further that the exterior noise levels outlined below are not exceeded. Use of paging sound equipment is prohibited on the exterior of the building. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: 15. Temporary signs shall be prohibited in the public right -of -way, unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. 16. The exterior of the establishment shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter, debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 17. Storage outside of the building shall be prohibited. 18. Prior to the issuance of building permits, the applicant shall execute a formal agreement with the General Services Department for the use of the City owned refuse dumpsters on Washington Street. 19. Prior to the issuance of building permits, the final exterior colors of the building shall be subject to the review and approval of the Planning Director. 20. Prior to the issuance of building permits, the applicant shall prepare photometric study in conjunction with a final lighting plan for approval by the Planning Department. The lighting plan shall be found consistent with the Balboa Village Design Guidelines. The Between the hours Between the hours of 7:OOAM and of 10:OOPM and 10:OOPM 7:OOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 50dBA Residential Property located within 45dBA 60dBA 45dBA 50dBA 100 feet of a commercial property Mixed Use Property 45dBA 60dBA 45dBA 50dBA Commercial Property NIA 65dBA I NIA 60dBA 15. Temporary signs shall be prohibited in the public right -of -way, unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. 16. The exterior of the establishment shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter, debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 17. Storage outside of the building shall be prohibited. 18. Prior to the issuance of building permits, the applicant shall execute a formal agreement with the General Services Department for the use of the City owned refuse dumpsters on Washington Street. 19. Prior to the issuance of building permits, the final exterior colors of the building shall be subject to the review and approval of the Planning Director. 20. Prior to the issuance of building permits, the applicant shall prepare photometric study in conjunction with a final lighting plan for approval by the Planning Department. The lighting plan shall be found consistent with the Balboa Village Design Guidelines. The Planning Commission Resolution No. Paqe 8 of 9 site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Planning Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Planning Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 21. Lighting shall be in compliance with applicable standards of the Zoning Code and shall be implemented and maintained in a manner consistent with the Balboa Village Design Guidelines. Exterior on -site lighting shall be shielded and confined within site boundaries. No direct rays or glare are permitted to shine onto public streets or adjacent sites or create a public nuisance. "Walpak" type fixtures are not permitted. 22. Prior to the issuance of a grading or building permit, the applicant shall prepare a Water Quality Management Plan (WQMP) specifically identifying the Best Management Practices (BMP's) that will be used on site to control predictable pollutant runoff. The plan shall identify the types of structural and non - structural measures to be used. The plan shall comply with the Orange County Drainage Area Management Plan (DAMP). Particular attention should be addressed to the appendix section "Best Management Practices for New Development." The WQMP shall clearly show the locations of structural BMP's, and assignment of long term maintenance responsibilities (which shall also be included in the Maintenance Agreement). The plan shall be prepared to the format shown in "Attachment C" of the DAMP title "Water Quality Management Plan Outline" and be subject to the approval of the Planning, Public Works and Building Departments. 23. Prior to the issuance of a grading or building permit, the applicant shall submit a Storm Water Pollution Prevention Plan to the City for review and approval. The Storm Water Pollution Prevention Plan shall be maintained on -site throughout the construction phase and shall be made available to the public for review, upon request. 24. Curb drains are allowed for storm overflow discharges only. The bottom section of the proposed downspouts shall be designed to allow routine runoff to percolate into the ground. 25. All Lithocrete sidewalk damaged by the construction shall be replaced in -kind. Full sections of sawcut diamond - shaped Lithocrete sidewalk panels shall be replaced to match the existing adjoining sidewalk sections. No sectional replacements will be allowed. A preconstruction meeting between the Contractor and the Public Works Department Engineering Division shall be conducted prior to the start of said Lithocrete work. 26. A new water meter with traffic -grade box and cover shall be installed within the alley right -of -way. 27. A new sewer cleanout with traffic -grade frame and cover shall be installed within the alley public right -of -way. Planning Commission Resolution No. Page 9 of 9 28. All overhead utilities serving the development shall be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code. Upon undergrounding of services by the utility companies, the Applicant, at the earliest opportunity, shall promptly make all underground service connections. 29. During construction, workers' vehicles shall not be parked within the public right -of- way. 30. No portion of the existing Balboa Boulevard sidewalk shall be obstructed by the construction activities from Memorial Day to Labor Day and from Thanksgiving Day to New Year Day. 31. No concurrent assembly occupancy of the rooftop deck and theater for separate events shall be permitted.