HomeMy WebLinkAboutLandmark Buildings (PA2002-218)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
patio rd @ city. newpo rt-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 off - 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.
S
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. AI rd
Senior Planner
Submitted by:
Patricia L. Temple
Planning Director
Attachments: Draft resolution.
Proposed revisions to Chapter 20.62 (Exhibit A).
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RESOLUTION NO. 2002-
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 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.
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City of Newport Beach
Planning Commission Resolution No.
Paoe2of2
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 5TH DAY OF DECEMBER 2002..
AN
FUZ
Steven Kiser, Chairman
Shant Agajanian, Secretary
AYES:
NOES:
S
EXHIBIT A
Proposed Revisions to Chapter 20.62
20.62.050 Nonconforming 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.
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.
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