HomeMy WebLinkAbout1620 - RECOMMEND TO APPROVE GPA AND LC_707 EAST BALBOA BLVD AND CA_ LANDMARK BUILDINGSRESOLUTION NO. 1620
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.
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 the 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.
AYES: Eaton, Cole, Toeroe, McDaniel, Selich
Kiser and Tucker
NOES: None
BY.
Earl McDaniel, Chairman
BY:
el Toerge, Secretary
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."
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."
Planning Commission Resolution No.
Page 5 of 5
ATTACHMENT 66C11
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."