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HomeMy WebLinkAbout2003-21 - Approving Code Amendment No. 2003-009 to Specifiy a Maximum Height Limitation Specific to Landmark Buildings (PA2003-212)ORDINANCE NO. 2003 - 21 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING CODE AMENDMENT NO. 2003 -009 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 1". 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 9th day of December, 2003, and adopted on the 13th day of January 2004, by the following vote, to wit: ATTEST: AYES, COUNCIL MEMBERS Heffernan, Rosansky, Bromberg. Webb, Mayor Ridzewav NOES, COUNCIL MEMBERS None ABSENT COUNCIL MEMBERS Adams ABSTAIN, COUNCIL MEMBERS Nichols MAYOR Prot N• ATTACHMENT "1" 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." STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, 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 ordinance, being Ordinance No. 2003 -21 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 13th day of January 2004, and that the same was so passed and adopted by the following vote, to wit: Ayes: Heffernan, Rosansky, Bromberg, Webb, Mayor Ridgeway Noes: None Absent: Adams Abstain: Nichols IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the official seal of said City this 14th day of January 2004. (Seal) City Clerk City of Newport Beach, California CERTIFICATE OF PUBLICATION STATE OF CALIFORNIA } COUNTY OF ORANGE CITY OF NEWPORT BEACH } I, LAVONNE M. HARKLESS, City Clerk of the City of Newport Beach, California, do hereby certify that Ordinance No. 2003 -21 has been duly and regularly published according to law and the order of the City Council of said City and that same was so published in The Daily Pilot, a daily newspaper of general circulation on the following date, to wit: January 17, 2004. 2004. In witness whereof, I have hereunto subscribed my name this 40h day o0 m Xtae'!2 City Clerk City of Newport Beach, California