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HomeMy WebLinkAboutGP Amendment Initiations (PA2003-212) (PA2003-213)CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. J. September 18, 2003 TO: Planning Commission FROM: Planning Department Patrick J. Alford, Senior Planner (949) 644 -3235 i)alfordCcD-city. newport- beach. ca. us SUBJECT: General Plan Amendment Initiations ISSUE: Should the Planning Commission recommend that the City Council initiate an amendment to the Land Use Element of the General Plan to change the intensity limit for property located at 707 East Balboa Boulevard from a floor area ratio to one based on the number of seats? — Balboa Theater (PA 2003 -212) 2. Should the Planning Commission recommend that the City Council initiate an amendment to the Land Use Element of the General Plan to change the land use designation of property located at 3450 Via Oporto from Governmental, Educational, and Institutional Facilities to Retail and Service Commercial? — 3450 Via Oporto (PA 2003 -213). RECOMMENDATION: Adopt Resolution No. 2003- recommending initiation of the General Plan amendments (GPI 2003 -006 and GPI 2003 -007) to the City Council and initiating a code amendment (CA 2003 -008). DISCUSSION: Balboa Theater The subject property is a 5,130 square foot property located at 707 East Balboa Boulevard. The property is currently developed with the 6,912 square foot Balboa Theater building. The request is to change the Land Use Element intensity limit from a floor area ratio (FAR) of 0.5/1.0' to one based on the number of seats. The proposed intensity limit is 350 seats. 'The Land Use Element designates a number of commercial areas with a dual floor area limit, which allows for certain land uses to exceed the primary floor FAR based upon the lower traffic generation characteristics of the use. GP Amendment Initiations September 18, 2003 Page 2 While floor area and FARs are the most common form of intensity limit, the Land Use Element also establishes limits based upon other factors, including hotel rooms, theater seats, and tennis courts. For example, the Land Use Element allocates 1,700 theater seats at Fashion Island in addition to the retail floor area limits. 3450 Via Oporto The proposed amendment is to correct a mapping error. The Land Use Element map designates the property as Governmental, Educational, and Institutional Facilities. However, the property is currently developed with a commercial use (a restaurant). The property has always had an industrial or commercial zoning classification and was designated as commercial under the 1957 Master Plan and the 1973 Land Use Plan. Staff believes the error occurred with the adoption of the 1988 Land Use Element map. The property abuts the Elks Lodge property at 3456 Via Oporto, which is correctly designed Governmental, Educational, and Institutional Facilities. Staff believes.the Elks Lodge land use designation was inadvertently extended to the subject property. The error was:carried over onto subsequent maps and in the Local Coastal Program (LCP) Land Use Plan. A General Plan amendment, LCP amendment, and zoning reclassification: to Retail and Service Commercial are needed to correct the error. Environmental Review: None required for the initiation of amendments. Public Notice: None required for the initiation of amendments. Prepared by: Patrick J. Alford Senior Planner Exhibits: 1. Balboa Theater Foundation letter. 2. Draft resolution of intent. Submitted by: Patricia L. Temple Planning Director BRIBOR PERfOOW AM TNERTER fOUPIATION MUH- PANE- TNERTER- FI[M- IMATION August 22, 2003 Patricia Temple Planning Director City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92656-6915 Dear Ms. Temple: The Balboa Theater Foundation hereby requests the initiation of an amendment of the General Plan to accommodate the renovation of the Balboa Theatre for 350 seats in lieu of the established FAR. The theatre is located at 707 East Balboa Boulevard, Newport Beach. We will be filing our application for the GPA and Development Plan Review shortly and will appreciate your prompt response to our request We are anxious to proceed on the reconstruction of the theater as a further contribution to the vitality of the Balboa Village and the visitor serving uses which support an improved quality of visitor experience of the coastal resources of the Balboa Peninsula. Sincerely, Mary Lon" t Executive Director Cc: Sharon Wood POST HIM PAS 752 - 9EUPUT NEW (A 97661 TEL 1)591673 -1195 - TAS: D191 673 -1131 31OWTIEIAl11ATIEATWIN h-- RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING THE INITIATION OF AMENDMENTS TO THE LAND USE ELEMENT OF THE GENERAL PLAN [GPI 2003 -006 and GPI 2003 -0071 TO THE CITY COUNCIL AND INITIATING A CODE AMENDMENT [CA 2003 -008] THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1. The Balboa Theater Foundation has requested the initiation of an amendment to the Land Use Element to change the intensity limit from a floor area ratio of 0.511.0 to one based on the number of seats. Section 2. The property located at 3450 Via Oporto was incorrectly designated Governmental, Educational, and Institutional Facilities with the adoption of the 1988 Land Use Element Map and amendments to the Land Use Element and the Zoning Code are required to change the land use designation to Retail and Service Commercial and the zoning district classification to Retail and Service Commercial. Section 3. City Council Policy K -1 establishes that amendments to the General Plan shall be initiated by the City Council after recommendation from the Planning Commission. Section 4. Title 20 of the Newport Beach Municipal Code authorizes the Planning Commission to adopt a resolution initiating amendments to the Zoning Code of the City of Newport Beach. Section 5. The Planning Commission hereby recommends the initiation of a General Plan amendment (GPI 2003 -006) to change the intensity limit for property at 707 East Balboa Boulevard from a floor area ratio to one based on the number of seats. Section 6. The Planning Commission hereby recommends the initiation of a General Plan amendment (GPI 2003 -007) to change the land use designation of property located at 3450 Via Oporto from Governmental, Educational, and Institutional Facilities to Retail and Service Commercial to the City Council and initiates an amendment to Title 20 of the Newport Beach Municipal Code to change the zoning district classification from the GEIF District to the RSC District. h City of Newport Beach Planning Commission Resolution No. _ Page 2 of 2 PASSED, APPROVED AND ADOPTED THIS 18TH DAY OF SEPTEMBER 2003. AYES: NOES: ABSENT: Steven Kiser, Chairman BY: Michael Toerge, Secretary Exhibit 2 0