HomeMy WebLinkAbout25 - Balboa Theater Exterior Design�,eWPOq,
CITY OF NEWPORT BEACH
Hearing Date:
December 12, 2000
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COMMUNITY AND ECONOMIC
Agenda Item
25
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DEVELOPMENT
No.:
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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