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HomeMy WebLinkAboutBalboa Theater (PA2004-032)CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item: 2 September 23, 2004 TO: PLANNING COMMISSION FROM: Planning Department Gregg B. Ramirez, Associate Planner (949) 644 -3230, ciramirezOcitv.newport- beach.ca.us SUBJECT: Balboa Performing Arts Theater 707 East Balboa Boulevard Use Permit No. 2004 -003 (PA2004 -032) APPLICANT: Mary Lonich, Balboa Performing Arts Theater Foundation RE VEST The applicant requests approval of a Use Permit to alter and increase the height of the existing Balboa Theater building, a designated landmark building, up to a maximum height of 55 feet. This height is allowable for landmark buildings with approval of a Use Permit. The proposed increase in building height is in conjunction with the restoration, additions and alterations planned for the theater. This application is limited to a review of building height and conformance with the Balboa Village Design Guidlines as the use and associated revitalization is permitted by right provided it meets the provisions of the Zoning Code that allows the alteration and expansion of a nonconforming landmark building. RECOMMENDATION Staff recommends that the Planning Commission approve Use Permit No. 2004 -003 to allow the Balboa Theater to increase in height up to a maximum of 55 feet, subject to the findings and conditions of approval within the draft resolution. BACKGROUND The Balboa Theater was constructed circa 1927 and operated continually since then through the 1990's. The theater contained approximately 450 seats and patrons utilized on -street and public parking lots. The interior of the theater has been gutted and a partial seismic upgrade has been completed. Balboa Performing Arts Theater Foundation September 23, 2004 Page 2 VICINITY MAP 707 East Balboa Boulevard (PA2004 -032) Current Development: Two story commercial building Balboa Theater To the north: Single story commercial building across East Balboa Blvd. To the east: Two story mixed use round floor commercial, second floor residential To the south: Two story hotel Balboa Inn To the west: Two story commercial building Balboa Performing Arts Theater Foundation September 23, 2004 Page 3 Two special provisions relating to Landmark Buildings are included within the Zoning Code. Section 20.62.065 (Landmark Buildings) of the Nonconforming Structures and Uses chapter was adopted in March 2003 to preserve historic structures, encourage their adaptive reuse, and revitalize the older commercial areas in which they are located by granting relief from restrictions on nonconforming uses and structures while maintaining the principal use and minimizing impacts on the surrounding area. These provisions allow for Landmark Buildings to be modified, maintained, altered, increased or intensified without obtaining a Use Permit subject to a specific list of development and operational conditions. Section 20.65.065 is attached as Exhibit No. 2. Section 20.65.070(H) (Exceptions to Height Limits) for landmark building allows structural alterations and additions to exceed the height of the existing building provided they do not exceed 55 feet with the approval of a Use Permit. This provision was added in December 2003 to grant relief from the height limits for landmark buildings to encourage the reuse and redevelopment of properties such as the Balboa Theater. The Promote Revitalization of Our Peninsula (PROP) found that the conceptual plans are consistent with a first class community multi -use Theater viable for present -day use, and that the improvements respect the design of the original front facade of the Theater to the maximum extent feasible. The Committee approved the plans in the City's role as landlord. DISCUSSION The application is a request to permit additions and alterations to the Balboa Theater that include increasing the height of the existing 32 -foot, 10 -inch building to 45 feet, 6 inches for the majority of the building, and 54 feet 10 inches for a tower /elevator shaft feature and to 51 feet for a roof -top mechanical equipment enclosure. The project will include a complete renovation of the theater, which will include approximately 325 seats. The new theater proposes three interior floors: a lobby, stage and partial auditorium level; an auditorium level that will hold the bulk of seating and projection, sound and lighting facilites; and a support level that includes restrooms, dressing rooms, storage areas and equipment rooms. Additionally, a roof deck is proposed where theater - related pre and post performance functions and fundraising events will take place. The theater, as proposed, will be expanded from approximately 7,695 square feet to approximately 11,014 square feet on the 5,130 square foot lot. The front facade will be slightly altered to accomadate the addition. General Plan and Local Coastal Program 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 Balboa Performing Arts Theater Foundation September 23, 2004 Page 4 residential uses permitted on the second floor or above only. The Balboa Theater site is designated Retail and Service Commercial by the General Plan and Local Coastal Program. The performing arts theater use is permitted within this designation. At its meeting of December 9, 2003, the City Council approved amendments to the General Plan and Local Coastal Program that designated entitlement for the Balboa Theater based on total number of seats rather than square footage. The amendment limited the maximum number of seats to 350 which is below the 450 seats the theater had at the time. The project proposes approximately 325 seats and, therefore, is in compliance with the General Plan and Local Coastal Program. Zoning Code The project site is located within the Central Balboa Specific Plan (SP -8) and has a land use designation of Retail and Service Commercial (RSC). The Balboa Theater is nonconforming in terms of parking and the alley setback. The proposed expansion and alteration of the nonconforming structure is exempt from obtaining Use Permits required by Chapter 20.82 (Eating and Drinking Establishments), Section 20.62.040 (Non - Conforming Uses) and Section 20.62.050 (Non- Conforming Structures) if the building meets the definition of a Landmark Theater and the proposed changes meet the specific conditions of Section 20.62.065 (Exhibit No. 4). A Landmark Theater is defined as a single screen or stage theater constructed before December 12, 1950 with a seating capacity above 300 seats. The Balboa Theater was constructed in 1927 as a single stage theater and it had approximately 450 seats, meeting the definition of a Landmark Building. Therefore, the Balboa Theater can be used, modified, maintained, altered, increased or intensified without the need to obtain a Use Permit. The exemptions are applicable provided that the project meets the following 7 conditions. 1. Any new use that is initiated, and any use that is intensified by way of a change in operational characteristics, is accessory and remains subordinate to the then current and ongoing principal use of the Landmark Building. 2. The principal use of the Landmark Building occupies, at all times, no less than seventy percent (70 %) of the gross floor area of the Landmark Building. 3. A use permit is issued pursuant to the provisions of Chapter 20.89 (Alcoholic Beverage Outlets) prior to the initiation of any accessory use that involves the sale or consumption of alcoholic beverages. 4. Any permit required by any other titles (other than Title 20) of the Municipal Code has been issued prior to the initiation or intensification (by way of a change in operational characteristics) of any accessory use of the Landmark Building. 5. Any accessory use in any Landmark Theater is conducted between the hours of 8.00 a.m. and 12.00 a.m. 6. The required off - street parking of all uses after any additions, intensification, modification or expansion (including credit for reductions in off -street parking resulting from the Balboa Performing Arts Theater Foundation September 23, 2004 Page 5 elimination of accessory uses existing on January 1, 2003) is less than the required off - street parking for the principal and accessory uses prior to any additions, intensification, modification or expansion. 7. The fagade and/or exterior architectural features of the Landmark Building are not substantially altered or are restored to original condition and the exterior walls of the Landmark Building remain in substantially the same location as they existed on January 1, 2003. The theater, as proposed, will occupy in excess of 70% of the building and the only accessory use proposed involves the hosting of theater — related social gatherings before and after performances that will include the service of food and beverages, including alcoholic beverages. However, in this instance, a Use Permit per the ABO is not required because the Type 64 license that will be acquired is not subject to review under the ABO. The subject Use Permit and Development Plan applications are the only applications required by Title 20 that are not specifically exempt by Section 20.62.065. The applicant is required to obtain any permits required by other titles of the Municipal Code (i.e. live entertainment permits, building permits, encroachment permits, etc.). The proposed hours for accessory uses are 8:OOAM to 12:OOAM. The existing theater does not provide off - street parking and the number of seats will be reduced thereby reducing the required parking. The introduction of the accessory theater - related social functions will not occur at the same time as assembly occupancy of the theater and the total capacity of the roof -top deck is below 325 people; therefore, parking for the accessory use will not increase parking requirements. The proposed front elevation restores the theater to original condition through the use of window boxes and related architectural features, water downspouts, stucco surface and marquee sign. The design of the addition that faces the street is intended to complement the existing elevation by the use of identical roofing, stucco treatment and similar architectural features. The rear and portions of the side elevations that exceed the height of the adjacent buildings will re -use existing bricks as a new veneer to the new building walls. Therefore, staff believes that the project meets all conditions for the proposed project to proceed pursuant to Section 20.62.065 (Landmark Buildings). Use Permit for Height Any alteration or addition to a Landmark Building shall be exempt from the restrictions of the height provisions of Title 20, 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 pursuant to Section 20.65.070. 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. The site is located within the business area of Central Balboa. The existing building is approximately 32 -feet 8- inches high. The increased height will not impact public views, Balboa Performing Arts Theater Foundation September 23, 2004 Page 6 as there are currently no public views through or across the subject property due to the existing building height and the Balboa Inn to the south. 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. The "intensity of use" for the Balboa Theater is measured by the seating capacity. Historically, the theater had approximately 450 seats. The general plan allows a maximum of 350 seats at this site and the proposed plan indicates approximately 325 seats. The additions will provide larger areas for cast and crew accommodations, a roof deck area for special events and prelpost event gatherings. Additionally, the increased floor area will provide accessible elevators, restrooms and access areas as required by the Building Code, such as the required elevator to access the roof deck. To ensure that the intensity of use is not increased, staff proposes that no concurrent assembly use of the rooftop deck and use of the main theater occur (Condition No. 31). With this condition and the reduction of 125 theater seats, the intensity of the use will not be increased as compared to the historical use of the theater and this finding can be met. 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. The performing arts theater is located within the commercial area of Central Balboa in an established commercial area with a variety of restaurant, retail, residential and visitor serving businesses. The project site is flanked on both sides by two story commercial buildings that are approximately 22 feet (west) and 24 feet (east) high. Although the height of the remodeled theater will be higher than most surrounding buildings, it will be of similar height to the Balboa Inn which is located directly south of the subject site. The proposed theater height is lower than another landmark building located in Balboa Village, the Balboa Pavilion. The Pavilion, at approximately 65 feet tall, is higher than the proposed theater. The renovation of the theater can enhance it as a landmark for the Balboa Village which is complementary to the recent public improvements and City's goal to assist in the revitalization of the area. Staff believes the findings to approve the use permit use can be made and recommended conditions of approval have been included in the draft resolution. Balboa Village Design Guidelines — Development Plan In October 2002, the City adopted the Balboa Village Design Guidelines. The guidelines establish the preferred design elements for the development and redevelopment of buildings. Balboa Performing Arts Theater Foundation September 23, 2004 Page 7 The guidelines are not regulatory standards and are subject to discretion and interpretation. This means that strict adherence to the letter of each guideline is not necessary. However, the project must in total exhibit substantial conformance to the guidelines. The guidelines state that they are not a substitute for good design, and that an applicant should recognize the qualities and attributes that make up the unique architectural character of Balboa Village and retain and promote these qualities in existing and new structures. Applicants are encouraged to design construction such that it is compatible with adjacent buildings and consistent with the village character. Landmarks are key focal points that should be preserved, and adjacent buildings should be more subdued so as not to compete with landmarks. The existing Balboa Theater is one of the landmark buildings of the village, used within the guidelines as an example of several encouraged design elements. The guidelines specifically mention the renovation of the Balboa Theater as a "catalyst to village revitalization ". To the extent that the proposed project exhibits design elements of the existing Balboa Theater, the more the project might be viewed as compliant with the design guidelines. The guidelines stress the following design elements. The text in italics is a brief summary of the key points contained within the Guidelines: 1. Lot Design — encourage expression of narrow lot frontages. The subject property is comprised of two 27 -foot wide lots, which has been in this configuration since the construction of the theater in the 1920's. No change is sought. 2. Setbacks — maintenance of historic pattern of continuous building frontage. The 0 -foot setback on East Balboa Boulevard continues the historic lack of a front yard setback established along this portion of East Balboa Boulevard. However, portions of the building are set back a couple of feet, such as the middle double doors of the main entrance to provide an area for the doors to swing out for emergency egress while not allowing doors to swing into the sidewalk. Staff believes the overall design of the project meets this guideline. 3. On -site Parking — maintain limited visibility of parking from the street and have parking to the rear. No on -site parking has been provided historically and none is proposed. The project is exempt from off - street parking requirements pursuant to Section 20.62.065 (Landmark Buildings) of the Zoning Code because the parking required by the project is being made more conforming. 4. Site Landscaping — plants and hardscape elements are encouraged to enhance street frontages, creating a garden atmosphere and obscure unattractive elements. The existing building covers 100% of the property. The proposed revitalization also proposes 100% lot coverage. Architectural elements such as window boxes and poster cases have been included in the design that soften the Balboa Performing Arts Theater Foundation September 23, 2004 Page 8 appearance of the building. The project is not required to provide landscaping pursuant to Section 20.62.065 (Landmark Buildings). 5. Alleyways — enhancements and architectural improvements to the rear of properties is encouraged. The existing building and proposed revitalization is built to the rear property line. The rear elevation is brick and the project will re-use the existing bricks as a veneer to maintain the historical architectural integrity of the building. 6. General Building Design Concepts — the following concepts are stressed: Proportion — two and three story buildings should have a vertical proportion as opposed to a horizontal proportion and individual building elements should be in proper proportion to each other. The project retains the existing front facade and incorporates a tower feature, roof deck and mechanical equipment enclosure above. The tower and upper building/roof deck features are recessed back 2 feet and 11 feet - 4 inches respectively from the existing /refurbished fagade to avoid dominating the sidewalk. The increased height enhances the vertical proportion of the site consistent with this goal, and staff believes the front elevation has elements in the proper proportion for the reasons discussed in the following sections on Rhythm and Composition. Scale — pedestrian scale is emphasized through awnings over the sidewalk, divided facades and compatible scale with adjacent buildings. The project has illuminated poster cases, a box office window, light niches at both ends, flag /banner poles and a marquee sign that keeps the building at a pedestrian scale. The increased setback of the proposed construction on the upper level of the project will assist in maintaining a pedestrian scale. The project site is flanked on both sides by two story commercial buildings that are approximately 22 feet (west) and 24 feet (east) high. Although the theater height is approximately twice as tall as the adjacent buildings, the theater is a landmark building which by definition is expected to be more prominent than adjacent buildings. Massing — simple rectangular shapes are found throughout the village, and continued use of this shape is sought. The rectangular fagade of the existing building will remain with the rectangular third floor and deck additions set back approximately 11 feet from the front property line. The tower feature also uses a simple rectangular shape and provides articulation to the building. Staff does not believe the project deviates from this guideline nor does it represent a detrimental building mass. Rhythm — a regular repetition of fagade elements, spacing and size is encouraged. The building elevations exhibit this concept, as a balanced repetition of window boxes, poster cases and ornamental architectural elements are shown on the proposed elevations. Balboa Performing Arts Theater Foundation September 23, 2004 Page 9 Composition — the organization of fagade elements. The organization of the facade elements mentioned above is balanced throughout the entire facade with adequate elements at the street level to ensure a pedestrian scale is achieved. Staff also believes that the proposed composition is consistent with a vintage theater from the 1920's. Compatibility - the use of similar materials, colors and details to compliment the village. The intent of the project design is to continue design elements from the existing Balboa Theater. The project proposes to restore existing window boxes and related architectural features, water downspouts and the existing stucco surface. Additionally, the new architectural features will match the aforementioned restored features and the existing brick veneer will be salvaged and used on those portions of building sides that exceed the height of the adjacent buildings. 7. Building Height — the existing 26 to 35 foot height limit is appropriate, and the flexibility of the standard is consistent with the 1 to 3 stories of the village. Height differences between landmark buildings and nearby structures should be maintained to promote the dominance of landmarks. Overall proportions should be maintained. Although the proposed height of the Theater exceeds the 26 to 35 foot recommendation, the Landmark Building status of the theater allows buildings up to 55 feet in height with the approval of use permit. If approved, the height of the building will ensure that the Theater will become a more dominant structure in the area while adjacent buildings will maintain the 26 to 35 foot limits and not "compete" with the prominence of the landmark. 8. Roofs — the shape, material and color should be compatible with nearby landmarks. Non - traditional forms such as mansards should be avoided, and roof towers at prominent intersections on Palm and Main Streets should be considered The project will retain the existing the roof of the front fagade and use matching roof material for the balance of the building. Although the site is not located at an intersection, the proposed tower feature will create a landmark within the Central Balboa Village consistent with the overall intent of this guideline. The mansard type roof used at the deck is appropriate in this case as an alternative to a parapet feature for a deck rail because it mimics the existing front roof feature. 9. Walls — Compatible materials and finishes are preferred. The proposed design retains and restores the original stucco texture. New walls will match the existing materials and design. 10. Facades, Storefronts, Canopies and Awnings — compatible storefronts, ceramic tile wainscoting and the consistent use of traditional awning shapes are encouraged. Although not all these features are proposed, the project will restore the Balboa Performing Arts Theater Foundation September 23, 2004 Page 10 existing fagade elements such as the lighted window boxes, lighted poster cases, theater doors and marquee sign to maintain the historical integrity of the theater, which staff believes overrides the need to add other elements suggested in the guideline. 11. Doors and Windows — recessed doors and windows, glazed entry doors and small lite windows are preferred. Jalousie windows, aluminum frames, diagonal forms, reflective coatings and large panes of glass without decorative millwork should be avoided. The compatibility, proportion and rhythm of windows and doors should positively contribute to the village character. The middle doors are slightly setback from the property line to allow proper door swing off the sidewalk consistent with the existing fagade and is typical of vintage theaters. The restored and new lighted window boxes have a stucco exterior and iron grills. The windows are evenly spaced and are proportional in size to the building, in staffs opinion. 12. Lighting — traditional lighting elements, such as the use of incandescent lighting under canopies, architectural accent lighting and ornamental wall lighting, is encouraged. Lighting levels should not compete with that of existing buildings. The plans show the use of lighted window boxes, lighted poster cases and light niches. An actual lighting plan and photometric study have not been prepared. Staff has included two conditions requiring the preparation of a lighting plan and photometric study, with the intent of ensuring that the lighting guidelines are followed and negative lighting affects and glare avoided. (Condition Nos. 20 and 21). 13. Ornamentation — simple ornament is encouraged. The project uses restored features and new features to match the restored features. The project provides additional ornamentation with the lighted window boxes with plaster bandings, lighted poster cases, flagpoles, and box office canopy. Staff believes that the ornamentation is relatively simple and appropriate. 14. Finish and Color — the use of stucco, with subdued earth tone colors, should be used. Coordination of color, with adjacent buildings on a block, should be compatible and complementary with surrounding buildings, but not identical. The plans indicate that the existing stucco finish is to be restored with new stucco areas to match existing in terms of texture. The actual color has yet to be finalized by the applicant and the project will be reviewed for consistency with this requirement during the plan check process. 15. Signage — signs are specified by the existing sign regulations of the Zoning Ordinance and the Balboa Sign Overlay. The applicant has indicated that the design of the proposed marquee sign, which is inconsistent with the Balboa Sign Overlay due to the extent of projection over the sidewalk, will be based on photographs of the original marquee sign. The Landmark Building ordinance requires the restoration of Landmark Buildings to their original condition, and, therefore, strict compliance Balboa Performing Arts Theater Foundation September 23, 2004 Page 11 with the Balboa Sign Overlay is not mandatory. These photographs will be reviewed by staff to verify that the new marquee sign is consistent with the design of the original. Staff believes that the building design exhibits most, if not all, of the qualities suggested .by the Balboa Village Design Guidelines. This project has been reviewed and it has.been determined that the proposed project is categorically exempt from the requirements of the California Environmental Quality Act under Class 2 (Replacement or Reconstruction) which allows the replacement of a commercial structure with a new structure of approximately the same purpose and capacity. PUBLIC NOTICE Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the affected properties (excluding roads and waterways) and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. CONCLUSION Staff believes the findings to approve the Use Permit for height can be made. As proposed, the rebuilt Balboa Theater will not significantly impact public views, will not increase the intensity of use since the number of seats will be less than the historical number and will not be detrimental to City or surrounding area. Additionally, the design conforms to the Balboa Village Design Guidelines, which describe the refurbishment and re- opening of the Theater as a "catalyst to village revitalization ". Finally, The Promote Revitalization of Our Peninsula (PROP) committee has approved the conceptual design of the renovated theater. Prepared by: i Gregg B. R mirez, Associate PI nner Submitted by: Patricia L. Temple, Planning Director Balboa Performing Arts Theater Foundation September 23, 2004 Page 12 Exhibits: 1. Planning Commission Resolution 2. Section 20.62.065 (Landmark Buildings) 3. Project Description Provided by Applicant 4. Artists Rendering 5. Project Plans EXHIBIT NO. 1 Planning Commission Resolution J'1 RESOLUTION NO. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH APPROVING USE PERMIT NO. 2004 -003 FOR PROPERTY LOCATED AT 707 EAST BALBOA BOULEVARD (PA2004 -032). THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS, RESOLVES AND ORDERS AS FOLLOWS: WHEREAS, an application was filed by Mary Lonich on behalf of the Balboa Performing Arts Theater Foundation, with respect to property located at 707 East Balboa Boulevard, requesting approval of Use Permit No. 2004 -003 permitting the use, alteration and additions to an existing, nonconforming theater by increasing in height of the building up to a maximum height of 55 feet pursuant to Section 20.65.070 of the Municipal Code. WHEREAS, the site is designated as Retail and Service Commercial by the Land Use Element of the General Plan and Local Coastal Program Land Use Plan and is located within the Central Balboa Specific Plan District (SP -8), which designates the site as Retail and Service Commercial. WHEREAS, a public hearing was held on September 23, 2004 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, Califomia. A notice of time, place and purpose of the aforesaid meeting was given. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. WHEREAS, the Planning Commission finds: The Retail and Service Commercial designations for the site permit the use of the site for commercial uses. Specifically, a theater at this location with no more than 350 seats is authorized by the General Plan Land Use Element and Local Coastal Program Land Use Plan. 2. The existing theater is a nonconforming operate pursuant to an approved Use height limit, the site provides no parking setback requirement. use and nonconforming structure as it does not Permit, the building exceeds the 26 -foot basic and the building does not comply with the alley 3. The Balboa Theater qualifies as a landmark building as it was constructed in 1927, has a single stage and has approximately 450 seats. 4. Section 20.62.065 of the Municipal Code allows the use, alteration and expansion of a landmark building under specific conditions without obtaining a Use Permit. 5. The application proposes the use, alteration and expansion of a landmark building and the project meets the conditions contained within Section 20.62.065 of the Municipal Code that would exempt the activities and construction from obtaining a Use Permit for the following reasons: to Planning Commission Resolution No. _ Page 2 of 9 a. The theater, as proposed, will occupy in excess of 70% of the building and the only accessory use proposed involves the hosting of theater — related social gatherings before and after performances that will include the service of food and beverages, including alcoholic beverages. b. A Use Permit per the Alcoholic Beverage Outlet Ordinance is not required because the Type 64 license that will be acquired is not subject to review under the ABO. c. The subject Use Permit and Development Plan applications are the only applications required by Title 20 that are not specifically exempt by Section 20.62.065. The project is required to obtain any permits required by all other Titles of the Municipal Code (i.e. live entertainment permits, building permits, encroachment permits, etc.). d. The proposed hours for accessory uses are 8:OOAM and 12:OOAM. e. The existing theater does not provide off -street parking and the number of seats will be reduced thereby .reducing the required parking. The introduction of the accessory theater - related social functions will not occur at the same time as assembly occupancy of the theater and the total capacity of the roof -top deck is below 325 people; therefore, parking for the accessory use will not increase parking requirements. f. The proposed front elevation restores the theater to original condition through the use of window boxes and related architectural features, water downspouts, stucco surface and marquee sign. The design of the addition that faces the street is intended to complement the existing elevation by the use of identical roofing, stucco treatment and similar architectural features. The rear and portions of the side elevations that exceed the height of the adjacent buildings will re -use existing bricks as a new veneer to the new building walls. 6. The design features of the theater including site design and architecture, are generally consistent with the Balboa Village Design Framework and Guidelines for the following reasons: a. The project design continues the use of design elements from the existing Balboa Theater. The project will restore existing window boxes and related architectural features, . water downspouts and the existing stucco surface. Additionally, the new architectural features are designed to match restored features and the existing brick veneer will be salvaged and used on those portions of building sides that exceed the height of the adjacent buildings in order to maintain the landmark qualities and enhance the historic use of the theater. The architectural expression of the front elevation is consistent with the guideline to provide simple ornamentation. b. The existing stucco finish is planned to be restored with new stucco areas to match existing in terms of texture. The exterior color must be authorized prior to painting to ensure that the color is complimentary to Balboa Village. Existing bricks of the rear wall will be used as a brick veneer for the new rear wall to maintain the integrity of the landmark status of the theater. c. The pedestrian scale of the project is maintained through awnings over the sidewalk, divided facades and compatible scale with adjacent buildings. The project has illuminated poster cases, a box office window, light niches at both ends, flag/banner \5 Planning Commission Resolution No. _ Page 3 of 9 poles and a marquee sign that keeps the building at a pedestrian scale. The increased setback of the proposed construction on the upper level of the project will assist in maintaining a pedestrian scale by reducing the mass in relation to the sidewalk. Although the theater height is approximately twice as tall as the adjacent buildings, the theater is a landmark building, which by definition is expected to be a more prominent than adjacent buildings. d. The project retains the existing front fagade and incorporates a tower feature, roof deck and mechanical equipment enclosure above creating a vertical expression of the architecture. The building elevations exhibit the' concept of a regular repetition of fagade elements with consistent spacing and size that is in proportion to each other. The front elevation also includes the use of simple rectangular shapes found throughout the village. e. Although the proposed height of the theater exceeds the 26 to 35 foot height recommendation of the Guidelines, the status of the theater as a Landmark Building allows the height of the building to be increased up to 55 feet. The increased height of the building will ensure that the theater will become a more dominant structure in the area while adjacent buildings will maintain the 26 to 35 foot limit and not "compete" with the prominence of the landmark. f. The project will retain the existing tile roof of the front fagade and use matching roof material for the balance of the architectural design of the building. The proposed tower feature will create a prominent feature within the Central Balboa Village consistent with the overall intent of the guideline to create roof towers. The mansard type roof used at the deck is appropriate in this case as an alternative to a parapet feature that helps keep architectural balance between all roof features. g. The lack of a front setback East Balboa Boulevard will be continued with the proposed project consistent with the desire to maintain the historical 0 -foot setback of many of the building in the Balboa Village. The front doors are slightly setback from the property line to allow proper door swing off the sidewalk consistent with the existing fagade, typical of vintage theaters. h. The existing building covers 100% of the property and creating a garden atmosphere to screen undesirable elements of the project is not possible. Architectural elements to the front facade such as window boxes and poster cases have been included in the design that enhance the overall appearance of the building helping to create an aesthetically pleasing design. L Project lighting includes the use of lighted window boxes, lighted poster cases and light niches. Final lighting plans and a photometric study are required to ensure that negative lighting impacts and glare avoided. j. The project includes the approval of a marquee sign that is planned to be identical to the original sign, which is not in strict compliance with the guidelines contained in the Balboa Sign Overlay. Landmark buildings allow for the restoration of Landmark Buildings to there original condition, and therefore, compliance is not necessary. � `ru Planning Commission Resolution No. 7. Section 20.65.070 of the Municipal Code allows the landmark buildings to be altered or expanded up to a maximum height of 55 feet provided the following findings are made: a. The portion of the structural alteration or addition that exceeds the height of the existing building does not significantly impact public views. The existing building is approximately 32 -feet 8- inches in height. The project site is flanked on either side by two story commercial buildings which are approximately 22 and 24 feet high. The increased height will not impact public views as there are currently no public views through or across the subject property due to the fact that the existing building occupies 100% of the project site. b. 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. The intensity of use of a theater is measured by its seating capacity. Historically, the Balboa Theater had approximately 450 seats. The proposed theater will have approximately 325 seats and may not have more than 350 seats per the Land Use Element of the General Plan. The additions will allow for larger areas for cast and crew accommodations. The new roof deck area will be used for special events and pre /post event gatherings. The roof deck may not be used concurrently with theater performances by patrons or guests other than those attending the performance. Additionally, the increased floor area will facilitate accessible elevators, restrooms and access areas as required by the Building Code. c. The proposed height of the Balboa Theater 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. The performing arts theater is located within an established commercial district with a variety of restaurant, residential, retail and visitor serving businesses. Although the height of the remodeled theater will be higher than most surrounding buildings, it will be of similar height to the Balboa Inn, which is located directly south of the subject site. The design incorporates architectural features to the keep the building at a pedestrian scale and the increased height reinforces the prominence of the theater as a landmark for Central Balboa. The project substantially complies with the Balboa Village Design Guidelines and specifically, it provides an elevated tower feature that is encouraged for the Balboa Village. Accessory uses that will occur on the rood deck are limited to pre and post performance, theater - related gatherings and are limited between the hours of 8AM to 12AM. 8. The project qualifies for a categorical exemption pursuant to the California Environmental Quality Act under Class 2 (Replacement or Reconstruction). This exemption allows for the reconstruction or replacement of a commerical structure with a structure of approximateey same purpose and capacity. The nonconforming performing arts theater with an existing seating capacity of approximately 450 seats will be used as a performing arts theater with a reduced seating capacity of no more than 350 seats. Planning Commission Resolution No. _ Page 5 of 9 NOW, THEREFORE, BE IT RESOLVED Section 1. Based on the aforementioned findings, the Planning Commission hereby approves Use Permit No. 2004 -003, subject to the Conditions set forth in Exhibit "K. Section 2. This action shall become final and effective fourteen days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk or this action is called for review by the City Council in accordance with the provisions of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. PASSED, APPROVED AND ADOPTED THIS 23rd DAY OF SEPTEMBER 2004. AYES: ABSENT: BY: Chairman BY: , Secretary 1V Planning Commission Resolution No. _ Paae 6 of 9 EXHIBIT "A" CONDITIONS OF APPROVAL Use Permit No. 2004 -003 1. Use Permit No. 2004 -003 shall expire unless exercised within 24 months from the date of approval as specified in Section 20.91.050 of the Newport Beach Municipal Code, unless an extension is otherwise granted. 2. The development shall be in substantial conformance with the approved site plan, floor plans, building elevations and sections dated August 3, 2004 (Except as modified by applicable conditions of approval). 3. The applicant is required to obtain all applicable permits from the City Building and Fire Departments. The construction plans must comply with the most recent, City- adopted version of the California Building Code. 4. All improvements shall be constructed as required by Ordinance and the Public Works Department. 5. An encroachment permit is required for work activities within the public right -of -way. 6. Any modification to the approved plans shall require an amendment to this Use Permit or the processing of a new Use Permit. 7. The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 8. This approval was based on the particulars of the individual case and does not in and of itself or in combination with other approvals in the vicinity or Citywide constitute a precedent for future approvals or decisions. 9. Should this business be sold or otherwise come under different ownership, any future owners or assignees shall be notified of the conditions of this approval by the current owner or leasing company. 10. The Planning Commission may add to or modify conditions of approval to this Use Permit or recommend to the City Council the revocation of this Use Permit upon a determination that the operation, which is the subject of this Use Permit, causes injury, or is detrimental to the health, safety, peace, morals, comfort, or general welfare of the community. 11. All Development and operational characteristics shall conform to the provisions of Section 20.62.065 (Landmark Buildings) of the Municipal Code. The hours of operation of all accessory uses shall be limited to the hours between 8:OOAM and 12:OOAM. 11 Planning Commission Resolution No. _ Page 7 of 9 12. This approval does not permit the premises to operate as a bar, tavern, cocktail lounge or nightclub as defined by the Municipal Code, unless the Planning Commission first approves a Use Permit. 13. The sale, delivery and consumption of alcoholic beverages is subject to the review and approval of the California Alcoholic Beverage Control Board. 14. The operator of the facility shall be responsible for the control of noise generated by the subject facility. Pre - recorded music and use of audio equipment shall be restricted to the interior only, provided further that the exterior noise levels outlined below are not exceeded. Use of paging sound equipment is prohibited on the exterior of the building. The noise generated by the proposed use shall comply with the provisions of Chapter 10.26 of the Newport Beach Municipal Code. The maximum noise shall be limited to no more than depicted below for the specified time periods unless the ambient noise level is higher: 15. Temporary signs shall be prohibited in the public right -of -way, unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. 16. The exterior of the establishment shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter, debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 17. Storage outside of the building shall be prohibited. 18. Prior to the issuance of building permits, the applicant shall execute a formal agreement with the General Services Department for the use of the City owned refuse dumpsters on Washington Street. 19. Prior to the issuance of building permits, the final exterior colors of the building shall be subject to the review and approval of the Planning Director. 20. Prior to the issuance of building permits, the applicant shall prepare photometric study in conjunction with a final lighting plan for approval by the Planning Department. The lighting plan shall be found consistent with the Balboa Village Design Guidelines. The �0 Between the hours Between the hours of 7:OOAM and of 10:OOPM and 10:OOPM 7:OOAM Location Interior Exterior Interior Exterior Residential Property 45dBA 55dBA 40dBA 5OdBA Residential Property located within 100 feet of a commercial 45dBA 60dBA 45dBA 50dBA property Mixed Use Property 45dBA 1 60dBA 45dBA 50dBA Commercial Property N/A I 65dBA N/A 60dBA 15. Temporary signs shall be prohibited in the public right -of -way, unless otherwise approved by the Public Works Department in conjunction with the issuance of an encroachment permit or encroachment agreement. 16. The exterior of the establishment shall be maintained free of litter and graffiti at all times. The owner or operator shall provide for daily removal of trash, litter, debris and graffiti from the premises and on all abutting sidewalks within 20 feet of the premises. 17. Storage outside of the building shall be prohibited. 18. Prior to the issuance of building permits, the applicant shall execute a formal agreement with the General Services Department for the use of the City owned refuse dumpsters on Washington Street. 19. Prior to the issuance of building permits, the final exterior colors of the building shall be subject to the review and approval of the Planning Director. 20. Prior to the issuance of building permits, the applicant shall prepare photometric study in conjunction with a final lighting plan for approval by the Planning Department. The lighting plan shall be found consistent with the Balboa Village Design Guidelines. The �0 Planning Commission Resolution No. _ Page 8 of 9 site shall not be excessively illuminated based on the luminance recommendations of the Illuminating Engineering Society of North America, or, if in the opinion of the Planning Director, the illumination creates an unacceptable negative impact on surrounding land uses or environmental resources. The Planning Director may order the dimming of light sources or other remediation upon finding that the site is excessively illuminated. 21. Lighting shall be in compliance with applicable standards of the Zoning Code and shall be implemented and maintained in a manner consistent with the Balboa Village Design Guidelines. Exterior on -site lighting shall be shielded and confined within site boundaries. No direct rays or glare are permitted to shine onto public streets or adjacent sites or create a public nuisance. "Walpak" type fixtures are not permitted. 22. Prior to the issuance of a grading or building permit, the applicant shall prepare a Water Quality Management Plan (WQMP) specifically identifying the Best Management Practices (BMP's) that will be used on site to control predictable pollutant runoff. The plan shall identify the types of structural and non - structural measures to be used. The plan shall comply with the Orange County Drainage Area Management Plan (DAMP). Particular attention should be addressed to the appendix section "Best Management Practices for New Development." The WQMP shall clearly show the locations of structural BMP's, and assignment of long term maintenance responsibilities (which shall also be included in the Maintenance Agreement). The plan shall be prepared to the format shown in "Attachment C" of the DAMP title "Water Quality Management Plan Outline" and be subject to the approval of the Planning, Public Works and Building Departments. 23. Prior to the issuance of a grading or building permit, the applicant shall submit a Storm Water Pollution Prevention Plan to the City for review and approval. The Storm Water Pollution Prevention Plan shall be maintained on -site throughout the construction phase and shall be made available to the public for review, upon request. 24. Curb drains are allowed for storm overflow discharges only. The bottom section of the proposed downspouts shall be designed to allow routine runoff to percolate into the ground. 25. All Lithocrete sidewalk damaged by the construction shall be replaced in -kind. Full sections of sawcut diamond - shaped Lithocrete sidewalk panels shall be replaced to match the existing adjoining sidewalk sections. No sectional replacements will be allowed. A preconstruction meeting between the Contractor and the Public Works Department Engineering Division shall be conducted prior to the start of said Lithocrete work. 26. A new water meter with traffic -grade box and cover shall be installed within the alley right -of -way. 27. A new sewer cleanout with traffic -grade frame and cover shall be installed within the alley public right -of -way. �i Planning Commission Resolution No. _ Pape 9 of 9 28. All overhead utilities serving the development shall be undergrounded to the nearest appropriate pole in accordance with Section 19.24.140 of the Municipal Code. Upon undergrounding of services by the utility companies, the Applicant, at the earliest opportunity, shall promptly make all underground service connections. 29. During construction, workers' vehicles shall not be parked within the public right -of- way. 30. No portion of the existing Balboa Boulevard sidewalk shall be obstructed by the construction activities from Memorial Day to Labor Day and from Thanksgiving Day to New Year Day. 31. No concurrent assembly occupancy of the rooftop deck and theater for separate events shall be permitted. EXHIBIT NO. 2 Section 20.62.065 (Landmark Buildings) Page 20.62 -7 Nonconfonning Structures and Uses provision of code required parking attributable to the enlargement or intensification. 4. Removal. All nonconforming rights with regard to parking shall be lost for any non - accessory building which is demolished. 20.62.065 Landmark Buildings A. Purpose. To preserve historic structures, encourage their adaptive reuse, and revitalize the older commercial areas in which they are located by granting relief from restrictions on nonconforming uses and structures in this Chapter while maintaining the principal use and minimizing impacts on the surrounding area. B. Applicability. The following types of buildings are recognized as having importance to the history and architecture of the City of Newport Beach and are collectively designated as Landmark Buildings: 1. Landmark Theaters. The term Landmark Theaters shall mean any building constructed for use as a cinema or theater that (a) was constructed on or before December 12, 1950; (b) has a single screen or stage; and (c) was designed to seat more than 300 people. 2. Landmark Structure. The term Landmark Structure shall mean any building listed on the National Register of Historic Places, constructed prior to December 12, 1950. C. Exemptions. The principal use of a Landmark Building may be modified, maintained, altered, increased or intensified by way of a change in operational characteristics without obtaining a use permit required by Section 20.62.050 (A) or the provisions of Section 20.82, subject to compliance with the conditions of Subsection (D) and irrespective of whether the principal use has been inactive for any, period of time since inception. An accessory use may be initiated, or intensified by way of a change in operational characteristics, in a Landmark Building without obtaining a use permit required by Section 20.62.050 (A) or Section 20.82 subject to compliance with the conditions of Subsection (D). Structural alterations may be made to a Landmark Building without obtaining a use permit pursuant to Section 20.62.040(0) subject to compliance with the conditions of Subsection (D). For purposes of this Section the term accessory use shall mean any use that is permitted as a matter of right or pursuant to a use permit in the zoning district in which the Landmark Building is located. For purposes of this Section, the term principal use 05/08!03 n .l Page 20.62 -8 Nonconforming Structures and Uses shall mean, in the case of a Landmark Theatre, the (i) display of motion pictures; and (ii) any similar entertainment use that occurred on a regular basis within the structure from its inception to January 1, 2003. In the case of a Landmark Structure, the term principal use shall, be the use that occupied the greatest amount of floor area as of January 1, 2003. D. Conditions. The exemptions specified in Subsection C are applicable on the following conditions. 1. Any new use that is initiated, and any use that is intensified by way of a change in operational characteristics, is accessory and remains subordinate to the then current and ongoing principal use of the Landmark Building, 2. The principal use of the Landmark Building occupies, at all times, no less than seventy percent (70 %) of the of the gross floor area of the Landmark Building. 3. A use permit is issued pursuant to the provisions of Chapter 20.89 (Alcoholic Beverage Outlets),prior to the initiation of any accessory use that involves the sale or consumption of alcoholic beverages. 4. Any permit required by any other titles (other than Title 20) of the Municipal Code has been issued prior to the initiation or intensification (by way of a change in operational characteristics) of any accessory use of the Landmark Building. 5. Any accessory use in any Landmark Theater is conducted between the hours of 8:00 a.m. and 12:00 a.m. 6. The required off -street parking of all uses after any additions, intensification, modification or expansion (including credit for reductions in off - street parking resulting from the elimination of accessory uses existing on January 1, 2003) is less than the required off -street parking for the principal and accessory uses prior to any additions, intensification, modification or expansion. The facade and/or exterior architectural features of the Landmark Building are not substantially altered or are restored to original condition and the exterior walls of the Landmark Building remain in substantially the same location as they existed on January 1, 2003. 05/08/03 EXHIBIT NO. 3 Project Description Provided by Applicant BALBOA THEATER RENOVATION AND REHABILITATION PROJECT DESCRIPTION AND JUSTIFICATION The Balboa Theater renovation and rehabilitation project proposes to bring back to life the historic Balboa Theater and to restore this public serving activity to the heart of Newport Beach. History The Balboa Theater was constructed circa 1927 and its history has seen a number of public entertainment uses, from vaudeville to cinema. In recent memory, it has also served as an art- film house, an adult theater, and the home of the Rocky- Horror Picture Show. The theater has been closed since the early 1990's. The theater has two storefront retail lease spaces at street level, with the theater ticket window and entry located between these retail stores. The theater had a main floor with a shallow slope and a balcony. There were 450 plus seats in the theater. The theater utilized nearby offsite public lots and street parking. Current Condition The theater has been closed for a decade, and until recently had been showing signs of decay. A recent fagade restoration, undertaken by the Applicant, has cleaned up and repaired the exterior. Prior to this submission, a seismic retrofit and remediation had been designed and partially completed. At present, the interior has been completely gutted, the balcony has been removed, and portions of the at grade slab were removed to accommodate a partial installation of the seismic reinforcing elements. Proposed Use The goal of the Balboa Performing Arts Theater Foundation is the restoration of the Balboa Theater as a vital part of the life of Newport Beach. The Foundation is proposing to develop a multi -use facility that will serve: - Music - Dance - Theater and The Spoken Word Film Education The theater is intended to compete for performing talent and audiences throughout Southern California. The greatest care has been taken to balance the interests of the historic structure and its place in the community, the economic viability of the operation, and the varied operational needs of the anticipated uses. Page 1 Project Design Several factors were important in the development of the proposed design. The unique mix of anticipated functions necessitates compromise between sometimes conflicting requirements of the different uses. In addition, the restrictive site and the need to respect and maintain historic elements imposed additional demands on the layout of the new space. Structural requirements, soil conditions, and groundwater levels added additional constraints on the design. The addition of operational and performance support areas are absolutely critical to the functional and financial viability of the Theater, Finally, the demand for the facility to provide a quality entertainmentieducational experience for the audience, and the economic challenged of operating such a facility by a non - profit Foundation, for the benefit of the greatest number of citizens, drove the demand that fewer seats, but with improved site lines and acoustics, were high priority goals. There are four main elements which comprise the design of the project: - Lobby, - Auditorium - Support Level - Roof The first element, the Lobby, has been created by eliminating the existing retail spaces which allows the development of a modest area directly accessible from sidewalk level. This Lobby also contains a ticket/box office. The Auditorium is entered from the Lobby by perimeter corridors, one of which is an ADA compliant pathway. Vertical circulation via elevator and stair is also accessed from the Lobby. The Auditorium consists of the stage area, audience seating for approximately 325 circulation, and technical booths. The seating area while reduced from the previous number of 450 now provides modern sight lines using a more raked (steeper) tiering than the original theater, which eliminates any balcony. Accessible seating is distributed in the Auditorium. The. elevator serves the highest levels of seating, providing an accessible pathway. Technical booths for lighting, sound and projection are located at the back of the Auditorium, above the last seating row. Catwalks provide access to theatrical lighting, follow spots, and other performance related support elements. The Support Level is located above the Auditorium. Although these functional areas were never part of the original Balboa Theater, they are. absolutely necessary for the operation of a modern multi -use theater. The spaces on this level include large, modern, accessible restrooms for the public, dressing rooms and restrooms for the performers, and some small storage areas to hold music stands, instrument cases, and similar performance related equipment. Numerous studies were done to develop the optimal mix and most efficient size for these spaces. A basement location was also studied but was not viable because of the major cost impacts of excavation, shoring, dewatering, waterproofing, and. having to underpin the foundations of adjacent structures. Page 2 The Roof is accessed both by stairs and elevator. At this level there is a screened enclosure for mechanical equipment and roof deck activity area which will be used to hold pre and post performance functions. This "Donor's Deck" is a vital part of the fund raising program which is necessary to support the Theater. Building Height The highest. point of the proposed Balboa Theater is the top of the elevator and stair tower which is at 54' -10" above the Balboa Boulevard level (52' -6" above the rear alley). This height is necessary due to theater functional requirements and building construction requirements: The Support level is located above the Auditorium with a floor line at +32 feet. The function housed on this level are absolutely necessary for theater operations. Many options for the location of these functions were explored including' a basement, adjacent structures and off -site. None of the options were practical either for economic or functional reasons. Placing the support level above the Auditorium was the only practical solution. The required ceiling heights and minimal room for ductwork, lights,. etc. and the building structure put the roof at +42 feet. Access is necessary to the roof to service air conditioning equipment and to bring theater patrons to the `Donor's Deck" located on the roof. As previously described, this area for pre and post performance functions is a key element in the Theater Foundation's fund raising program and is vitally important to the financial health of the Theater. - The elevator and stairs provide roof access and it is the enclosure around these elements that is the highest point of the proposed building. The elevator requires 12 feet clear above the last stop (the roof at 42') for cab over ride. A minimal space for structures and roofing (10 ") has been allowed yielding an overall maximum height of +54' -10 ", below the 55 foot height limit. The proposed maximum building height of 54'10" is determined by functional and structural requirements as outlined above. The height is necessary for the operation and fiscal health of the Balboa Theater. Historic Elements The most historically significant aspect of the building, the Balboa Boulevard fagade, will be retained and restored to its original condition to the extent existing evidence (to date, one photograph, although research is ongoing) permits. The majority of the tile mansard roof will be retained, maintained and protected. Tiles removed in the Tower area will be reused on the Tower roof. New gutters and downspouts will be installed based on the original design. The classical architraves of the upper windows will be repaired, and iron grillwork will be installed in the openings per the original design. A new rectangular marquee sign will be designed and detailed to recreate the original. Discreet metal standards for the attachment of performance Page 3 related banners and pennants will be provided. The street level will maintain the original organization of the plan, with a transparent entry element in the center bay. This design of this entry is intended to make reference to the original scheme with its recessed center doors. The fagade infill at the former leased retail spaces will be an extension of the wall treatment above. Due to its current condition and inherent structural instability, the remainder of the existing building will be dismantled. Care will be taken to salvage the brick materials for re -use as.a veneer on new side and rear exterior walls in all visible areas. This approach maintains the red brick character of the original structure while allowing the use of modern seismically resistant construction. Additions to the building such as the Tower, which contains the vertical circulation elements (stair and elevator), and the Support Level over the Auditorium will be set back from the original fagade. To maintain. compatibility with the character of the area and to be respectful of the original Landmark building heritage, the new elements will use materials and architectural elements that are similar to the original fagade. Using,similar "recreated" surface texture, color, and architectural detail the new construction will match the original historic fagade. General Plan and Zoning The proposed structure is in conformance with the new General Plan provision which has been approved for the site. Total seating rather than FAR now governs the development. The height is below the allowable (cup) 55 feet limit, seating is less than the 350 seat limit. Parking The original Balboa Theater was served by public parking lots. The new fewer seat operation which .is covered by the Landmark Building Zoning will again be served by the public parking lots adjacent to the beach and Pier, which are within a block of the facility. This will be a continuation of the existing non - conforming parking. The new theater reduces the demand on those lots because of the significant reduction in seating from the original 450+ to 325 seats. The hours of operation of the Theater also help to mitigate parking demand. The vast majority of events will be held in the evening when beach access parking requirements are reduced. Site Development and Grading The site is currently fully developed, covered 100% by building structure. The 10 foot alley in the rear is two feet higher than the sidewalk /entry on Balboa Boulevard. These grades and site development will be maintained in the new structure. Primary entry will be at sidewalk level off Balboa Boulevard. Secondary exiting will be to the alley at the current grades. Excavation will be limited to foundations and excess soils can be used to fill within the facility to meet the new ground floor elevation needs. No export of soil materials is anticipated. Balboa Village Design Guidelines Page 4 The Balboa Village Design Guidelines notes that "The Historic Balboa Theater is scheduled to re -open soon as a performing arts center for stage and screen. It will act as a catalyst to village revitalization whereby bistros and restaurants will be attracted to serve theater - goers, as well as art gaileries and boutiques." This submittal is a major step in realizing that vision. The Guidelines identify the Theater as a Landmark Building in the Spanish Colonial Revival style. Key elements of the style are plaster banding at window boxes, towers with tiles topped cupola, wrought iron railings, heavy plaster walls with simple surfaces, and deeply recessed windows - all of these elements are part of the existing and the proposed fagade. Other aspects emphasized in the Guidelines which have been incorporated into the proposed design include: Human Scale /Pedestrian Scale: The existing vertical fagade is being restored which includes a pedestrian scaled entry, a rhythm of windows and poster cases, horizontal banding at the gave line, and tile roof. All of these elements are integrated into the new additions to assure compatibility and continuity. Village Character: - The Theater continues the village character of varied roof shapes and towers, display windows, awnings and canopies (the restored marquee) and recessed entries. Vernacular Style: - The Spanish Colonial Revival Style of the building has been maintained in the restoration and the additions. Special Features: - The Guideline refers to cupolas and towers as important visual elements of village streetscape. The design and detailing of the new Theater tower is an aesthetically sensitive response to a functional requirement using details and themes, materials and textures from the original Landmark structure. Building Height: - The Guideline recommends that "height differences between landmark buildings and nearby structures should maintain the visual dominance of the landmark..." The Theater is more visually dominant in historic photographs than it is today - the original neighboring structure at Balboa and Main was much lower than the current Orange Julius building, which is the same height as the Theater. The proposed design will restore some of that visual dominance without being out of scale with the neighborhood. The Theater will remain deferential to the dominant landmarks of the Village - The Balboa Pavilion and the Balboa Inn. Roofs: - Roof forms, when properly articulated, import a strong visual character to a building "Both the Pavilion and Balboa Inn have unique roof shapes expressive of their styles." The current Theater roof line is straight and tends to loose identity from the Page 5 '1., t Walls: Orange Julius building. The proposed design retains the original fagade lines and adds stepped back wall and roof planes and varied roof heights which reinforce the Spanish Colonial Revival style. The proposed design retains wall materials of the original structure, including reuse of brick for veneering on the sides and alley walls, repeating the current brick coursing and bond pattern on those building faces. Stucco repairs on the Balboa fagade carefully match the original texture. New stucco surfaces will also match the original texture. Openings: - The current retail openings in the fagade, are being closed and the wall surfaces restored. The Theater entry will be set back and is composed of wood and glass doors to provide the transparency recommended by the Guidelines. The existing windows will be repaired and made into light boxes so that the night time facade will have the windows illuminated. All new windows will be handled in the same way. Canopies & Awnings: - The original Theater marquee has been lost. Fortunately there is an historic photograph that shows the original condition, and the new marquee will replicate that design. This will provide a visual anchor for the fagade. Light Fixtures: - The original Theater had small sconce lights on the fagade and they will be replicated, but modern lamping of halogen quartz will be used. The marquee will be internally illuminated as will be window light boxes. Poster cases for play bills and coming attraction notices will be discretely lit from above. Facade lighting will be accomplished from hidden fixtures, highlighting fagade features with a warm and subdued light. Lighting on the Donor's Deck" will be accomplished with low level and shielded fixtures to eliminate spill over light pollution. Building Details: The proposed Theater design is in full compliance with the "Recommendations of Ornamentation " in the Guidelines which states " Wherever possible, the original details of the building should be uncovered or replaced with a compatible substitute. Ornaments should not be added that are not authentic or detract from the buildings character ". As can be seen from the above discussions, care has been taken to assure that the proposed Balboa Theater design meets both the spirit and the letter of the Balboa Village Design Guidelines, and that the Theater will be a positive contribution to Balboa's overall form and character, and vital part of the daily activities and economic health of the Village. Page 6 Pit �f �k a7-' w yy \�<! a � IL ¢ ! ?g7 W9Ze VINuo;T/O voews OeVA31MS VOBIVS 1SV3 LOL H31V3141 Voeltle 3H1 s N �. 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