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
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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