HomeMy WebLinkAboutLandmark Buildings (PA2002-218)CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 3
January 23, 2003
TO: Planning Commission
FROM: Planning Department
(949) 644 -3200
SUBJECT: 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
clarity 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 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 expand, increase or intensity by way of a change in its operational
characteristics without the approval of a use permit, provided there is no net increase in
Landmark Buildings
January 23, 2003
Page 2
the number of required off - street parking spaces or the required number of off - street
parking spaces are provided, and any new use remains subordinate to the existing use. A
floor area limitation of 25% of the structure for the new or intensified use will insure that it
remains incidental to the primary use.
Use permits are required for use classifications typically having unusual site development
features or operating characteristics that require special consideration to insure that they
are designed, located, and operated compatibly with uses in the surrounding area. The
proposed amendment would exempt any new uses associated with the expansion,
increase or intensification of the existing use from the requirement for a use permit, as long
as the conditions in the Code are met. Examples of such uses include arcades, cabarets,
nightclubs, and restaurants.
The stated intent of these provisions is to recognize buildings having importance to the
history or architecture of the City of Newport Beach and to discourage the demolition of
landmark buildings and to encourage their adaptive reuse. Two types of buildings would be
designated as Landmark Buildings:
1. Landmark Theaters. Buildings constructed for use as cinemas or
theaters that (a) were constructed on or before December 12, 1950;
and (b) were designed to seat more than 300 people.
2. National Register. Buildings listed on the National Register of Historic
Places and constructed prior to December 12, 1950.
Three buildings meet the criteria for Landmark Theaters: the Lido Theater at 3459 Via
Lido, the Balboa Theater at 707 East Balboa Boulevard, and the Port Theater at 2905 East
Coast Highway. All three of these theaters are nonconforming uses because they were
constructed before use permits were required. The National Register contains five
properties that are located in Newport Beach. The Balboa Inn at 105 Main Street, the
Balboa Pavilion at 400 Main Street, the Bank of Balboa at 611 East Balboa Boulevard
(demolished in the late 1980's), the Lovell Beach House at 1242 West Ocean Front, and
Crystal Cove Historic District in Crystal Cove State Park. Of the sites on the National
Register, only the Balboa Pavilion is a nonconforming use.
No other historic properties qualify for the exception. However, it is possible that additional
properties could qualify if placed on the National Register by the National Park Service.
Other forms of historic recognition, such as by the State, City, or a historical society, would
not establish a building as a Landmark Building, and Landmark Building status does not
place additional restrictions on the property owner's ability to modify or demolish the
building.
Landmark Buildings
January 23, 2003
Page 3
Proposed Revisions
The text of the proposed exception to Section 20.62.050 has been revised to 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. The text of the proposed exception is also revised to clearly state that a
use permit is required for alcoholic beverage outlets under the provisions of Chapter 20.89
(Alcoholic Beverage Outlets).
As previously mentioned, staff also added a provision requiring that all new uses
associated with the change in operational characteristics must not occupy more than 25
percent of the floor area of the building. This provision is intended to ensure that the new
use remains subordinate, and that the primary use of the building is not supplanted by any
new uses allowed under the proposed exception.
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 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 specific dates (January 9, 2003
and January 23, 2003), no additional notice is required.
Submitted by:
RiiAa� L-FA%4L
Patricia L. Temple
Planning Director
Attachments:
1. Draft resolution.
2. Proposed revisions to Chapter 20.62 (Exhibit A).
3. December 5, 2002 Planning Commission staff report (recycled).
4. Correspondence.
Attachment 1
Draft Resolution
q
RESOLUTION NO. 2003-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF NEWPORT BEACH RECOMMENDING THE
ADOPTION OF CODE AMENDMENT NO. 2002 -007 (PA
2002 -218)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS,
RESOLVES AND ORDERS AS FOLLOWS:
Section 1. The proposed code amendment is to Chapter 20.62 of Title 20 of
the City of Newport Beach Municipal Code. The Planning Commission initiated this
amendment on November 7, 2002.
Section 2. A public hearing was held on December 5, 2002, January 9, 2003,
and January 23, 2003 in the City Hall Council Chambers, 3300 Newport Boulevard,
Newport Beach, California. A notice of time, place and purpose of the 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. Newport Beach has landmark theaters and buildings listed on the National
Register of Historic Places.
2. These buildings are representative of the history or architecture of the City of
Newport Beach.
3. The restrictions on nonconforming uses should be modified in order to
discourage the demolition of these buildings and to encourage their adaptive
reuse.
4. The project has been reviewed and it has been determined that it is
categorically exempt under Class 5 (Minor Alterations in Land Use Limitations)
of the requirements of the California Environmental Quality Act.
5
City of Newport Beach
Planning Commission Resolution No. _
Page 2 of 2
Section 4. Based on the aforementioned findings, the Planning Commission
hereby recommends that the City Council of the City of Newport Beach adopt Code
Amendment No. 2002 -007 to revise Section 20.62.050 (A) and add Section 20.62.065
to Title 20 of the Newport Beach Municipal Code as provided in Exhibit A.
PASSED, APPROVED AND ADOPTED THIS 23RD DAY OF January 2003.
M
M
Steven Kiser, Chairman
Shant Agajanian, Secretary
V
Attachment 2
Proposed Revisions to Ch. 20.62 (Exhibit A)
I
EXHIBIT A
Proposed Revisions to Chapter 20.62
20.62.050 Nonconfonning Uses
A. Expansion, Increase and Intensification of Nonconforming Uses. A use normally
permitted by right or by the approval of a use permit, but which is nonconforming by
virtue of the required conditions of the district in which it is located, may be
expanded, increased or intensified by way of a change in operational characteristics
upon the approval of a use permit.
1.
2.
3.
13
B. Change of Nonconforming Use. A nonconforming nonresidential use may be
changed to a conforming use provided that the requirements of Chapter 20.63:
Floor Area Ratios and Building Bulk are satisfied and the change does not create or
increase a deficiency in code required off - street parking. A nonconforming
residential use may be altered to reduce the number of dwelling units provided
there is no increase in gross square footage and the provisions of Chapter 20.86:
Low and Moderate Income Housing Within the Coastal Zone, are satisfied. A
nonconforming use may be changed to a use of a similar nature provided no
intensification or enlargement of nonconforming uses occurs except as provided in
Subsection A above, and provided that the new use is no less compatible with the
surrounding area.
f
Attachment 3
Dec. 5, 2002 PC Staff Report
11
CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 4
December 5, 2002
TO: Planning Commission
FROM: Planning Department
Patrick J. Alford, Senior Planner
(949) 644 -3235
palford @ city. n ewport- 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. 2002- recommending approval or modification of Code
Amendment 2002 -007 to the City Council.
DISCUSSION:
Introduction:
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 which is nonconforming by virtue of the required conditions
of the zoning district in which it is located.
Proposed Amendment:
The proposed amendment designates certain types of buildings as Landmark Buildings
and establishes 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.
Landmark Buildings
December 5, 2002
Page 2
The Zoning Code defines changes in operational characteristics as "any change in the
operation of a use which conflicts with the precepts or conditions under which the use
was initially permitted; or any factor presented in the individual chapters of (the Zoning
Code], either explicitly or for purposes of illustration, as constituting a change in
operational characteristics." Therefore, such changes could include involve modifying,
intensifying, or expanding existing uses in the building. For example, a snack bar in a
Landmark Building could expand to another type of food service use, such as
restaurant, provided either off - street parking requirements are met or the number of
required oft- street parking spaces is equal to or less than the number required before
the food service use was intensified.
Allowing a change in operational characteristics provided there is no net increase in the
number of required off - street parking spaces is consistent with nonconforming parking
section of the Zoning Code. Section 20.62.060 (B -1) states that nonconforming uses in
nonresidential zoning districts may be changed to a use requiring the same or less on-
site parking.
The stated intent of these provisions is to recognize buildings having importance to the
history or architecture of the City of Newport Beach and to discourage the demolition of
landmark buildings and to encourage their adaptive reuse. Two types of buildings would
be designated as Landmark Buildings:
1. Landmark Theaters. Buildings constructed for use as cinemas or
theaters that (a) were constructed on or before December 12, 1950;
and (b) were designed to seat more than 300 people.
2. National Register. Buildings listed on the National Register of
Historic Places and constructed prior to December 12, 1950.
Three buildings meet the criteria for Landmark Theaters: the Lido Theater at 3459 Via
Lido, the Balboa Theater at 707 East Balboa Boulevard, and the Port Theatre at 2905
East Coast Highway. All three of these theaters are nonconforming uses because they
were constructed before use permits were required.
The National Register of Historic Places is an official list of cultural resources worthy of
preservation. Authorized under the National Historic Preservation Act of 1966, the
National Register is part of a national program to coordinate and support public and
private efforts to identify, evaluate, and protect our historic and archeological resources.
Properties listed in the Register include districts, sites, buildings, structures, and objects
that are significant in American history, architecture, archeology, engineering, and
culture. The National Park Service administers the National Register, which is part of
the U.S. Department of the Interior.
Z
\V
Landmark Buildings
December 5, 2002
Page 3
The National Register contains five properties that are located in Newport Beach. The
Balboa Inn at 105 Main Street, the Balboa Pavilion at 400 Main Street, the Bank of
Balboa at 611 East Balboa Boulevard, the Lovell Beach House at 1242 West Ocean
Front, and Crystal Cove Historic District in Crystal Cove State Park. The Bank of
Balboa building was demolished in the late 1980's. Of the sites on the National
Register, only the Balboa Pavilion is a nonconforming use.
Environmental Review:
The project has been reviewed and it has been determined that it is categorically
exempt under Class 5 (Minor Alterations in Land Use Limitations) of the requirements of
the California Environmental Quality Act.
Public Notice:
Public notices were mailed to the property owners of the Lido Theater, Balboa Theater,
Port Theatre, the Balboa Pavilion, all property owners within 300 feet of these
properties, and to business and community associations.
Prepared by:
Patrick J. Alf rd
Senior Planner
Submitted by:
Patricia L. Temple
Planning Director
Attachments: Draft resolution.
Proposed revisions to Chapter 20.62 (Exhibit A).
Attachment 4
Correspondence
14
Alford, Patrick
From:
Bill DeMayo [billd511 @adelphia.net]
Sent:
Friday, December 13, 2002 7:49 PM
To:
palford @city.newport- beach.ca.us
Subject:
Amendment re Theaters
We support the Landmark Theater zoning code amendment,
Bill & Donna DeMayo
511 Hazel Drive
CDM, 92625
Page 1 of 1
Alford, Patrick
From: Andrew Torelli [eatorelli @adelphia.net]
Sent: Wednesday, December 11, 2002 4:30 PM
To: palford @city.newport- beach.ca.us
Cc: JArde11909 @aol.com; Kathy Prough; Kathy Sommer; Susan Royce; jself4omsn.com; Paul & Jillian
Glowienke; Bill DeMayo
Subject: Landmark Theater Zoning
Note to neighbors: If you are at all interested in helping the city move forward and approve the plans that the owners of these
historic properties have in restoring them, please forward your comments to Mr. Alford. As it stands now, the properties have
become eye sores yet have such significance in the history of our little community. Let's rally!!
Liz Torelli
Dear Mr. Alford,
My husband and I wish to express our support for the Landmark Theater zoning code amendment currently being considered
by your department. We are very much in favor of getting the Port, Lido, Balboa Theaters and the Pavilion renovated and up
to par with this beautiful city in which we are so fortunate to live. Anything you can do to expedite adopting this amendment
to Title 20 of the zoning code would be greatly appreciated. Thanks for your hard work and dedication to making our town
special!
Best Regards,
Elizabeth & Andrew Torelli
516 Hazel Drive
Corona Del Mar
eatorelli@adell2hia.net
12/11/2002
CORONA DEL MAR RESIDENTS ASSOCIATION
Dedicated to preserving the quality of life of the community since 19 87. "In unity there is strength"
B. J,
Laura Diet We urge you toiapprove this amendment.
Sincerely,
B.J. Jo n Chairman
3334 E. Coast Hwy., P.O. Box 1 500, Corona del Mar, California 92625
I00lI00'd SSZZ# x,L7M vIx- doligvo gvilxsanEd ELOZ SO 06 W60 ZOOZ,90 -ACI
11
December 6, 2002
OLDS c
Michael T
I&TV
Pat Hauk
Troy Miku
ka Patrick Alford
LL- Toret!
Senior Planner
Robed Sat
ter City ofNewpout Beach
Robert H
Luvena H
er 3300 Newport PIvd.
ton eWpC!
Bud Ras
Newport Bead., Ca. 92663
IRVINE T1
RNCE,-
Val
RE: Landmark ruild' gs
HARWBOR A
IEW HILLS•
PebbieAll
i
n
Jane Lyons
Dear Patrick,
CORONA J
IGHUNDS.
carr.rerem
as At our rnont*Oeeting November 21, 2002 the Corona &I Mar Residents Association
SHORECL,
An. voted to suppo# the Landmark Theater zoning code amendment.
scott Maso
I f
It is our unden*nding that the amendment to Title 20 of the zoning code is to ilesignate
CAMEO
G111 ND3: certain types oflbuildings as "Landmark Buildings " and modify restrictions on
Mane s
er nonconforming arses in the Landmark Build'
a . urgs such as the Port Theater.
CAM O S
n PZ. I
Laura Diet We urge you toiapprove this amendment.
Sincerely,
B.J. Jo n Chairman
3334 E. Coast Hwy., P.O. Box 1 500, Corona del Mar, California 92625
I00lI00'd SSZZ# x,L7M vIx- doligvo gvilxsanEd ELOZ SO 06 W60 ZOOZ,90 -ACI
11