HomeMy WebLinkAboutCA Initiation-Landmark Buildings (PA2002-218)CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 7
November 7, 2002
TO: Planning Commission
FROM: Planning Department
Patrick J. Alford, Senior Planner
(949) 644 -3235
palford( city newport- beach.ca.us
SUBJECT: Zoning Code Amendment Initiation -Landmark Buildings
PA 2002 -218
ISSUE:
Initiation of an amendment to Title 20 of the Newport Beach Municipal Code that would
designate certain types of buildings as "Landmark Buildings" and modify restrictions on
nonconforming uses in Landmark Buildings.
RECOMMENDATION:
Adopt resolution of intent.
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 that there is no increase in the number of required off- street parking spaces.
The stated intent is to recognize buildings having importance to the history or
Landmark Buildings
November 7, 2002
Page 2
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 5459 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 of Historic Places contains four 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, and the Lovell Beach House
at 1242 West Ocean Front. The Bank of Balboa building was demolished in the late
1980's. Of the three remaining buildings on the National Register, only the Balboa
Pavilion is a nonconforming use.
Environmental Review:
None required for the initiation of amendments.
Public Notice:
None required for the initiation of amendments.
Prepared by:
�.. ALLY c 0..� t QA ".
s
Pat ick J. AI rd
Senior Planner
Submitted by:
pAiaka��
Patricia L. Temple
Planning Director
Attachments: Resolution of intent.
Proposed revisions to Chapter 20.62.
A
RESOLUTION NO. 2002-
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF NEWPORT BEACH INITIATING AN
AMENDMENT TO TITLE 20 OF THE NEWPORT BEACH
MUNICIPAL CODE DESIGNATING CERTAIN TYPES OF
BUILDINGS AS "LANDMARK BUILDINGS" AND
MODIFYING RESTRICTIONS ON NONCONFORMING
USES IN LANDMARK BUILDINGS (PA 2002 -)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS,
RESOLVES AND ORDERS AS FOLLOWS:
Section 1. 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 2. The Planning Commission intends to initiate an amendment to
revise 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.
Section 3. The Planning Commission hereby initiates an 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.
PASSED, APPROVED AND ADOPTED THIS 7TH DAY OF NOVEMBER 2002.
3'll
Steven Kiser, Chairman
Shant Agajanian, Secretary
AYES:
NOES:
3
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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