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HomeMy WebLinkAboutLandmark Buildings (PA2002-218)CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 1 January 9, 2003 TO: Planning Commission FROM: Planning Department Patrick J. Alford, Senior Planner (949) 644 -3235 palford @ city. newport- beach.ca. us SUBJECT: Zoning Code Amendment CA 2002 -007 - Landmark Buildings (PA 2002 -218) Staff requests a continuance to January 23, 2003. Prepared by: Patrick J. A ord Senior Planner Submitted by: UG Patricia L. Temple Planning Director CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 1 January 9, 2003 TO: Planning Commission FROM: Planning Department Patrick J. Alford, Senior Planner (949) 644 -3235 palford(cDcity. newport-beach.ca.us SUBJECT: Zoning Code Amendment CA 2002 -007 - Landmark Buildings (PA 2002 -218) ISSUE: Amendment to Title 20 of the Newport Beach Municipal Code to designate certain types of buildings as "Landmark Buildings' and modify restrictions on nonconforming uses in Landmark Buildings. RECOMMENDATION: Adopt Resolution No. 2003- recommending approval or modification of Code Amendment 2002 -007 to the City Council. DISCUSSION: Background: The Planning Commission initiated the code amendment on November 7, 2002. A public hearing was held on the proposed code amendment on December 5, 2002. The Planning Commission continued the hearing and directed staff to revise the language to clarify provisions regarding the extent of permitted changes and requirements for other permits. Proposed Amendment: Section 20.62.050 (A) of the Zoning Code requires a use permit for any nonconforming use that is expanded, increased or intensified by way of a change in operational characteristics. The nonconforming use must be normally permitted by right or by the approval of a use permit, but is only nonconforming by virtue of the required conditions Landmark Buildings January 9, 2003 Page 2 of the zoning district in which it is located. The proposed amendment revises Chapter 20.62 (Nonconforming Structures and Uses) to designate certain types of buildings as Landmark Buildings and establish an exception that would allow a nonconforming use in a Landmark Building to change its operational characteristics without the approval of a use permit, provided there is no net increase in the number of required off - street parking spaces or the required number of off- street parking spaces are provided. Four properties would quality for the exception. The Lido Theater at 3459 Via Lido, the Balboa Theater at 707 East Balboa Boulevard, the Port Theatre at 2905 East Coast Highway, and the Balboa Pavilion at 400 Main Street. Proposed Revisions: The text of the proposed exception to Section 20.62.050 has been revised to more clearly state that any new use associated with the change in operational characteristics must obtain other permits required by the Municipal Code. For example, if a Landmark Theater added live performances, a live entertainment permit issued by the City Manager's office would still be required. Likewise, if alcoholic beverage service were added, then a use permit would be required under the Alcoholic Beverage Ordinance. Staff also added a provision requiring that any new use associated with the change in operational characteristics must be an accessory use. The Zoning Code defines an accessory use as "a use that is appropriate, subordinate, and customarily incidental to the main use of the site and which is located on the same site as the main use." This provision is intended to ensure that the primary use of the building is not supplanted by a new use allowed under the proposed exception. These changes will limit the range of potential uses permitted under the proposed exception, since the exception would not apply to those uses requiring a use permit. For example, under the original proposed text, a snack bar in a Landmark Theater could be expanded and intensified to operate as a restaurant, either in conjunction with or separate from the theater. As now proposed, a restaurant operating independently from the theater would need a use permit. Environmental Review: The project has been reviewed pursuant to the California Environmental Quality Act and has been determined to be categorically exempt under Class 5, minor alterations in land use limitations. Public Notice: Public notices for the December 5, 2002 hearing were mailed to the property owners of the Lido Theater, Balboa Theater, Port Theatre, the Balboa Pavilion, all property owners Landmark Buildings January 9, 2003 Page 3 within 300 feet of these properties, and to business and community associations. Notices for the December 5, 2002 hearing were also posted on the sites of the four properties that would qualify for the exception. Since the Planning Commission continued the hearing to a specific date, no additional notice is required. Prepared by: Patrick J. Alford Senior Planner Attachments: Submitted by: Patricia L. Temple Planning Director 1, Draft resolution. 2. Proposed revisions to Chapter 20.62 (Exhibit A). 3. December 5, 2002 Planning Commission staff report. (recycled) 4. Correspondence.