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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."