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HomeMy WebLinkAbout25 - Balboa Theater Exterior Design�,eWPOq, CITY OF NEWPORT BEACH Hearing Date: December 12, 2000 o� °e COMMUNITY AND ECONOMIC Agenda Item 25 u I DEVELOPMENT No.: `' •tea "' PLANNING DEPARTMENT Staff Person: Sharon Z. Wood 3300 NEWPORT BOULEVARD (949) 644 -3222 NEWPORT BEACH, CA 92658 (714) 644 -3200; FAX (714) 644 -3250 REPORT TO THE MAYOR AND CITY COUNCIL SUBJECT: Amendment to Exterior Design Requirements of Balboa Theater Lease SUGGESTED ACTION: Approve amendment Background The City acquired the Balboa Theater and leased it to the Balboa Performing Arts Theatre Foundation in December 1998. Among other things, the lease agreement requires the Foundation to rehabilitate the theater, and to obtain the City's consent prior to making any structural or non - structural alterations to the theater. The lease designates the City Council Promote Revitalization of our Peninsula (PROP) Committee as the body to review and approve plans for the theater's rehabilitation. Pursuant to lease requirements, the Foundation submitted Conceptual Design and Design Development Plans for PROP's review, and both have been approved. In reviewing the Conceptual Design Plan, members of PROP found that the plan for the interior of the theater did not meet the lease criterion of consistency with the Guidelines for the Rehabilitation of Historic Structures published by the Secretary of the Interior. The plan did meet the lease criterion of consistency with a first class community theater, because the removal of the balcony to provide "raked" seating will improve views and the basement construction will provide dressing rooms and restrooms that will help ensure the economic vitality of the theater. Therefore, the City Council amended the lease to require consistency with the Guidelines for the exterior only. Discussion The Foundation has proceeded with construction drawings, which are in the City's plan check process. Both the Foundation's design team and the City's Building Director have concerns with the method of constructing the basement, due to the potential to damage the theater itself or neighboring properties. Because the City is the theater property owner, staff is especially concerned about protecting the City's property value, and avoiding liability for damage to neighboring properties. The design team has proposed an alternate design to address these issues, described in the attached letter to PROP. The alternate design involves demolishing the existing walls, except the front fagade, and replacing them with steel framing and reinforced masonry that would be clad (both interior and exterior) with the original brick. In addition, the existing bowstring truss roof would be replaced with a flat roof that can support a greater load, simplifying the support for stage equipment. These changes are not consistent with the Guidelines and therefore with the lease. Staff s foremost concern is safety. The Building Director and the Foundation's design team believe that the alternative design will provide greater protection for the theater and neighboring properties. Staff does not think the proposed changes will have a significant effect on the exterior appearance of the theater, due to the use of the original brick. Retention of the front fagade, including the parapet wall, will maintain the current appearance of the front fagade, even with the proposed change in the roof. Finally, staff recalls that the City's primary goal in purchasing and leasing the theater was to preserve the theater for the vitality that it could bring to Balboa Village. While preserving and rehabilitating the historic structure was also a goal, this did not include complete historic accuracy. In fact, the Guidelines were chosen as part of the review criteria because they were an existing set of standards and the City had no historic preservation standards of our own. Recommendation Staff is recommending approval of the changes amendment deletes reference to the Guidelines, theater be restored substantially to its original changes on December 8, 2000, and staff will meeting. SHARON Z. WOOD Assistant City Manager and an amendment to the lease. The proposed and instead requires that the front fagade of the appearance. PROP is reviewing the proposed provide their recommendations at the Council Page HN Holmes & Narver November 29, 2000 PROP Committee City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92658 -8915 RE: The Balboa Theater Dear Cummittee Members: As the plans have been developed for the creation of a new performing arts theater within the existing structure of the former Balboa Theater, a number of difficult technical issues have been faced, and with the assistance of City staff, addressed. We have received first plan -check comments from the various City departments. At this juncture we felt it advisable to take a step back and took at the project from a wider perspective. The primary technical difficulties presented by the adaptive reuse of the existing structure include: Supporting unreinforced masonry walls while excavating and shoring for a new basement below the proposed stage and auditorium. Protecting the adjacent properties during the construction of the new basement Carrying new gravity loads imposed on the structure by the new use down to the soil without loading the existing bowstring truss roof structure or the unreinforced masonry walls. This required the insertion of a separate steel structure within the existing envelope. Performing a seismic upgrade upon the existing structure, which had been partially completed before the proposed design had been finalized, but which as designed did not take into account the removal of the former balconv. While the technical means exist to resolve these difficulties, we felt it prudent to look at the financial feasibility and constructability of the design as proposed. Accordingly, we recently held a brainstorming session with the principle parties involved in the design. One option came out of the meeting that seems to have merit. Looking at the cost of the foundation work and the difficulty of seismically upgrading the existing brick walls, we realized that there may be a way to achieve the goals of cost reduction and improved life safety while still keeping the essentials of the present design, which makes optimal use of the existing building envelope for the multi- faceted program proposed for the performing arts facility. This option would be to demolish the entire structure except for the street fagade, to install a basement more or less as indicated in the current proposal. and to design and construct exterior walls, steel framing and new roof to house the spatial configuration of the present design. Support for the existing fagade would be a part of this work. Post Office Box 6240, Orange, CA 92863 -6240 999 Town & Country Road, Orange, CA 92868 -4786 Fax(714)543 -0955 (714) 567 -2400 PROP Committee November 29, 2000 Page 2 of 2 The result of this effort would be a building designed to current seismic codes. (While the previous proposal would have upgraded the existing structure, because of the brittleness of the old unreinforced masonry the completed design could not have met current codes, and would be subject to increased risk of property damage in the event of a major earthquake.) In addition, while there would still need to be shoring and dewatering, these would be far simpler without the need to underpin existing unreinforced masonry walls. Some of the advantages of this approach would be: • Simpler construction methods for new basement. • Reduced impact on adjacent structures. • Simpler and more reliable waterproofing. • New walls and roof meeting current seismic codes. Simplified framing using side walls for bearing. • Ability to use walls and roof for gravity loads, thus simplifying mechanical and stagecraft equipment supports. Increased usable volume within the same overall building height. • Reduced height of mechanical equipment enclosure. • Reduced project cost. Holmes & Narver would be happy to answer any questions you have about this approach. Very truly yours, Do' Tom Horan, AIA Principal Architect Cc: Bill Wren, Balboa Performing Arts Theater Foundation Craig Smith, President, DMJM +H &N THIRD AMENDMENT TO LEASE BY AND BETWEEN THE CITY OF NEWPORT BEACH AND THE BALBOA PERFORMING ARTS THEATRE FOUNDATION This Third Amendment to Lease, entered into as of December _, 2000, (Effective Date) by and between the City of Newport Beach, a Charter City and municipal corporation ( "Lessor") and Balboa Performing Arts Theatre Foundation ( "Lessee "), is made with reference to the following: RECITALS A. Lessor and Lessee entered into a ground lease (Original Lease) on November 23, 1998. B. Lessor and Lessee approved the First Amendment to the Original Lease on September 27, 1999, modifying the insurance obligations of Lessee. C. Lessor and Lessee approved the Second Amendment to the Original Lease on December 13, 1999, deleting the requirement for interior improvements to be consistent with the Guidelines for the Rehabilitation of Historic Structures ( "Guidelines ") published by the Secretary of the Interior. D. Lessor and Lessee agree that further amendments to the Original Lease are necessary to modify provisions that require certain exterior improvements to be consistent with the Guidelines. E. Lessor and Lessee agree that the modifications to provisions related to exterior improvements are necessary to achieve the primary goal of the lease which is the reconstruction and use of the building as a venue for live theatre performances and other events that require dressing rooms and related facilities. NOW, THEREFORE, Lessor and Lessee hereby agree as follows: ARTICLE 1 AMENDMENT TO ARTICLE 9, REQUIRED IMPROVEMENTS Paragraph 9.3 of the Lease is amended to read as follows: Lessee shall prepare, and submit to Lessor for approval, a proposed conceptual plan for the design, construction, furnishing and equipping of the Property for use as a theatre (Conceptual Design Plan). The Conceptual Design Plan shall be prepared by a licensed architect. The Conceptual Design Plan shall generally describe those elements typically included in preliminary Conceptual Design Plans for the renovation and rehabilitation of a theatre constructed in the 1920's. The Conceptual Design Plan shall include, without limitation, (1) seating layout and design; (2) stage and dressing room layout and design; (3) lobby and concession area design; (4) structural modifications necessary to comply with uniform codes; (5) interior design elements and treatment; (6) exterior design and treatment; (7) sound and projection systems; (8) lighting systems and design; (9) public area layout, design and treatment; and (10) stage, orchestra pit and roll - down backdrop design and treatment. Lessor's right to approve the Conceptual Design Plan shall be limited to ensuring that the improvements contemplated are consistent with a first class community theatre and that the exterior design and treatment of the front fagade return it as close as possible to its original appearance. The Conceptual Design Plan shall be deemed approved if Lessor fails to serve written notice of disapproval within thirty (30) days following submittal. Lessor's approval shall not be unreasonably withheld and any disapproval by Lessor shall specify with particularity the components of the Conceptual Design Plan disapproved, the reasons for disapproval and alternatives that Lessor would approve. The Parties shall agree on a Conceptual Design Plan within sixty (60) days of submittal. ARTICLE 2 AMENDMENT TO ARTICLE 12, ALTERATIONS Paragraph 12.1 is amended to read as follows: Except as otherwise provided in this Article, Lessee shall obtain the written consent of Lessor prior to making any structural or nonstructural alterations to the Property. All structural and nonstructural alterations to the exterior of the Property, especially the front fagade, shall conform to the Theatre's designation as a local landmark and shall be consistent with the original design and architecture of the Theatre. Lessee shall be solely responsible for all costs and expenses incurred in making any alteration. All alterations shall be surrendered with the Property when this Lease expires or terminates. ARTICLE 3 NO AMENDMENTS TO REMAINDER OF LEASE All other provisions of the Lease shall remain in force and effect in their original form or as amended by agreement of the Parties. FOR LESSOR CITY OF NEWPORT BEACH Dated Mayor 2 FOR LESSEE BALBOA PERFORMING ARTS THEATRE FOUNDATION Dated Dayna Pettit President APPROVED AS TO FORM CITY OF NEWPORT BEACH Dated Robert H. Burnham City Attorney ATTEST: CITY OF NEWPORT BEACH Dated LaVonne Harkless City Clerk