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HomeMy WebLinkAbout32 - Landmark Buildings GPA 2003-006CITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 32 December 9, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Planning Department Daniel R. Trimble, Program Administrator (949) 644 -3230 dtrimblec@city.newport-beach.ca.us SUBJECT: Landmark Buildings, Code Amendment No. 2003 -009; and Balboa Theater, 707 East Balboa Boulevard, General Plan Amendment No. 2003 -006 and Local Coastal Program Amendment No. 2003 -005 (PA2003 -212) ISSUES: Should the City Council amend Title 20 of the Municipal Code to specify a maximum height limitation specific to Landmark Buildings? Should the City Council amend the Land Use Element of the General Plan and Local Coastal Program land use designations to change the intensity limit for property located at 707 East Balboa Boulevard from a floor area ratio to one based on the number of seats? RECOMMENDATIONS: 1) Approve first reading of Ordinance No. 2003- (Exhibit A) amending Title 20 of the Municipal Code, and 2) Adopt Resolution No. 2003- (Exhibit B) amending the General Plan and Local Coastal Program. DISCUSSION: On November 20, 2003 the Planning Commission voted 7 -0 to recommend to the City Council approval of GPA No. 2003 -006, LCPA No. 2003 -005, and CA 2003 -009. The November 20, 2003 Planning Commission Staff Report and a Supplemental Staff Report are attached and describe the proposed amendments. The discussion during the Commission hearing focused on possible changes in intensity of use and, to a lesser extent, existing non - conforming conditions as well as what structural elements would be allowed within the 55 foot height limit. The main concern was how any change in height and therefore intensity would be regulated. Staff responded by clarifying that finding 2 in the proposed Code Amendment allows for the expanded height but only if the use is not intensified. Amendments PA 2003 -212 December 9, 2003 Page 2 Environmental Review: This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Quality Act under Class 5 (Minor Alterations in Land Use Limitations). The site is currently developed with a commercial structure within an urbanized area, utilities are available and no significant environmental resources are located on the site. Public Notice: Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. A notice was also sent to the property owners of each of landmark buildings. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. Prepared by: Daniel R. Trimble Program Administrator Submitted by: Sharon Z. Wood Assistant City M.91ager Attachments: A. Proposed Ordinance 2003- B. Proposed Resolution 2003 - C. Draft Planning Commission Resolution D. Planning Commission Staff Report, November 20, 2003 E. Supplemental Planning Commission Staff Report F. Draft Planning Commission Minutes, November 20, 2003 ORDINANCE NO. 2003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING CODE AMENDMENT NO. 2003 -009 TO SPECIFY A MAXIMUM HEIGHT LIMITATION SPECIFIC TO LANDMARK BUILDINGS (PA2003 -212) Section 1. The City initiated several amendments with respect to property located at 707 East Balboa Boulevard and legally described as Balboa Tract, Block 10, Lot 4 &5, proposing to change the General Plan and Local Coastal Plan land use intensity limit from a floor area ratio to a number of seats standard, and change Title 20 of the Municipal Code to specify a maximum height limitation specific to Landmark Buildings. Section 2. A public hearing was held on November 20, 2003 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. At the conclusion of this meeting, the Planning Commission adopted Resolution No. 1620, recommending that the City Council approve the proposed amendment to the zoning district map. Section 3. The City Council held a public hearing on December 9, 2003 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the City Council at this meeting. Section 4. 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 residential uses permitted on the second floor or above only. The Balboa Theater site is designated Retail and Service Commercial. Section 5. The proposed project has been determined to be Categorically Exempt under the Class 5 (Minor Alterations in Land Use Limitations) requirements of the California Environmental Quality Act (CEQA), and the State CEQA Guidelines. The site is currently developed with a commercial structure within an urbanized area, utilities are available and no significant environmental resources are located on the site. Section 6: The City Council of the City of Newport Beach does hereby approve Code Amendment No. 2003 -009 as depicted in Attachment "l ". 3 Ordinance No. 2003 - Page 2 of 3 Section 7: The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. This Ordinance shall be published once in the official newspaper of the City, and the same shall become effective thirty (30) days after the date of its adoption. This ordinance was introduced at a regular meeting of the City Council of the City of Newport Beach, held on the _ day of 2003, and adopted on the _ day Of 2003, by the following vote, to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT COUNCIL MEMBERS I&EVAUG] ATTEST: CITY CLERK 4 Ordinance No. 2003 - Page 3 of 3 ATTACHMENT "1" TO ORDINANCE NO. Section 20.65.070 (Exceptions to Height Limits) shall remain unchanged except for the following added subsection: "H. Landmark Buildinqs. Any alteration or addition to a Landmark Building (see Section 20.62.065) shall be exempt from the restrictions of this chapter, 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." 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. 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. 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." RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH APPROVING GENERAL PLAN AMENDMENT NO. 2003 -006, LOCAL COASTAL PLAN AMENDMENT NO. 2003 -005 FOR PROPERTY IDENTIFIED AS 707 EAST BALBOA BOULEVARD (PA2003 -212) Section 1. The City initiated several amendments with respect to property located at 707 East Balboa Boulevard and legally described as Balboa Tract, Block 10, Lot 4 &5, proposing to change the General Plan and Local Coastal Plan land use intensity limit from a floor area ratio to a number of seats standard, and change Title 20 of the Municipal Code to specify a maximum height limitation speck to Landmark Buildings. Section 2. A public hearing was held on November 20, 2003 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. At the conclusion of said hearing, the Planning Commission adopted Resolution No. 1620, recommends that the City Council approve General Plan Amendment No. 2003 -006 and Local Coastal Plan Amendment No. 2003 -005. Section 3. A public hearing was held by the City Council on December 9, 2003 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the City Council. Section 4. The City Council finds as follows: 1. The City's General Plan requires the City insure redevelopment of older or underutilized properties and preserve the value of property by allowing for some modest growth, while maintaining acceptable levels of traffic service. The amendment would reduce the allowable intensity by 450 seats from the existing 800 seats which, in turn, reduces parking demand and trip generation. The amendment is therefore consistent with this policy in that it establishes a land use limit based upon a typical trip generation characteristic. The reduction in intensity ensures that traffic will not exceed acceptable levels. 2. The City's General Plan requires the City encourage its community commercial districts to reflect and complement the high quality of its residential areas. The City shall promote the prosperity of its several community commercial districts through the adoption and application of its planning, zoning, building and public works codes, regulations, policies and activities. The subject property is located in the center of the Central Balboa commercial area fronting on Balboa to City Council Resolution No._ Page 2 of 3 Boulevard. Any development on the property will still be subject to the Landmark Buildings regulations as well as the Balboa Village Design Guidelines to ensure compatibility with the surrounding commercial district and neighborhood. 3. The change of the land use intensity standards of the subject property from floor area ratio to number of seats within the Local Coastal Plan Amendment shall only become effective upon the approval of Local Coastal Plan No. 2003 -005 by the California Coastal Commission. 4. The proposed project has been determined to be Categorically Exempt under the Class 5 (Minor Alterations in Land Use Limitations) requirements of the California Environmental Quality Act (CEQA), and the State CEQA Guidelines. The site is currently developed with a commercial structure within an urbanized area, utilities are available and no significant environmental resources are located on the site. Section 5. Based on the aforementioned findings, the City Council hereby approves General Plan Amendment No. 2003 -006 and Local Coastal Plan Amendment No. 2003 -005 as depicted in Attachment "1 ". This resolution shall take effect immediately upon adoption. Passed and adopted by the City Council of Newport Beach at a regular meeting held on the 25th day of November, 2003 by the following vote to wit: AYES, COUNCIL MEMBERS NOES, COUNCIL MEMBERS ABSENT, COUNCIL MEMBERS MAYOR ATTEST: CITY CLERK I City Council Resolution No._ Page 3 of 3 ATTACHMENT "1" TO RESOLUTION NO. _ All provisions of the Land Use Element of the General Plan remain unchanged except for the following additional text: Central Balboa Area, Section 5. "The Balboa Theater property located at 707 East Balboa Boulevard is designated for Retail and Service Commercial land use and is allocated 350 theater seats associated with its use as a community theater." All provisions of the Local Coastal Program remain unchanged except for the following additional text: Central Balboa Area, Section 5. "The Balboa Theater property located at 707 East Balboa Boulevard is designated for Retail and Service Commercial land use and is allocated 350 theater seats associated with its use as a community theater." 9 DRAFT RESOLUTION NO. _ A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH RECOMMENDING THE CITY COUNCIL APPROVE GENERAL PLAN AMENDMENT NO. 2003 -006, LOCAL COASTAL PLAN AMENDMENT NO. 2003 -005 FOR PROPERTY IDENTIFIED AS 707 EAST BALBOA BOULEVARD AND CODE AMENDMENT NO. 2003 -009 FOR LANDMARK BUILDINGS (PA2003 -212) Section 1. The City initiated several amendments with respect to property located at 707 East Balboa Boulevard and legally described as Balboa Tract, Block 10, Lot 4 &5, proposing to change the General Plan and Local Coastal Plan land use intensity limit from a floor area ratio to a number of seats standard, and change Title 20 of the Municipal Code to specify a maximum height limitation specific to Landmark Buildings. Section 2. A public hearing was held on November 20, 2003 in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the aforesaid meeting was given in accordance with the Municipal Code. Evidence, both written and oral, was presented to and considered by the Planning Commission at this meeting. Section 3. The Planning Commission finds as follows: 1. The City's General Plan requires the City insure redevelopment of older or underutilized properties and preserve the value of property by allowing for some modest growth, while maintaining acceptable levels of traffic service. The amendment would reduce the allowable intensity by 450 seats from the existing 800 seats which, in turn, reduces parking demand and trip generation. The amendment is therefore consistent with this policy in that it establishes a land use limit based upon a typical trip generation characteristic. The reduction in intensity ensures that traffic will not exceed acceptable levels. 2. The City's General Plan requires the City encourage its community commercial districts to reflect and complement the high quality of its residential areas. The City shall promote the prosperity of its several community commercial districts through the adoption and application of its planning, zoning, building and public works codes, regulations, policies and activities. The subject property is located in the center of the Central Balboa commercial area fronting on Balboa Boulevard. Any development on the property will still be subject to the Landmark Buildings regulations as well as the Balboa Village Design Guidelines to ensure compatibility with the surrounding commercial district and neighborhood. 3. The Code amendment would specify a maximum height limitation specific to Landmark Buildings and establish a permit process that would regulate development of properties subject to the Landmark Building Ordinance. The Code amendment does not add to or reduce the permitted height to any of the 9 Planning Commission Resolution No. Page 2 of 5 subject properties. Any development seeking to alter or increase the height of a subject property would be required to apply for a Use Permit pursuant to the provisions established by this Code amendment. 4. The change of the land use intensity standards of the subject property from floor area ratio to number of seats within the Local Coastal Plan Amendment shall only become effective upon the approval of Local Coastal Plan No. 2003 -005 by the California Coastal Commission. 5. The proposed project has been determined to be Categorically Exempt under the Class 5 (Minor Alterations in Land Use Limitations) requirements of the California Environmental Quality Act (CEQA), and the State CEQA Guidelines. The site is currently developed with a commercial structure within an urbanized area, utilities are available and no significant environmental resources are located on the site. Section 4. Based on the aforementioned findings, the Planning Commission hereby recommends that the City Council approve General Plan Amendment No. 2003- 006 as depicted in Attachment "A ", Local Coastal Plan Amendment No. 2003 -005 as depicted in Attachment "B" and Code Amendment No. 2003 -009 as depicted in Attachment "C". PASSED, APPROVED AND ADOPTED THIS 20"' DAY OF NOVEMBER 2003. LIM M Earl McDaniel, Chairman Michael Toerge, Secretary AYES: ABSENT: DRAFT to Planning Commission Resolution No. Page 3 of 5 ATTACHMENT "Apo TO RESOLUTION NO. All provisions of the Land Use Element of the General Plan remain unchanged except for the following additional text: Central Balboa Area, Section 5. "The Balboa Theater property located at 707 East Balboa Boulevard is designated for Retail and Service Commercial land use and is allocated 350 theater seats associated with its use as a community theater." ICOL 01 Planning Commission Resolution No. Page 4 of 5 ATTACHMENT "B" TO RESOLUTION NO. All provisions of the Local Coastal Program remain unchanged except for the following additional text: Central Balboa Area, Section 5. "The Balboa Theater property located at 707 East Balboa Boulevard is designated for Retail and Service Commercial land use and is allocated 350 theater seats associated with its use as a community theater." I[ Planning Commission Resolution No. _ Page 5 of 5 ATTACHMENT "C" TO RESOLUTION NO. _ Section 20.65.070 (Exceptions to Height Limits) shall remain unchanged except for the following added subsection: "H. Landmark Buildings. Any alteration or addition to a Landmark Building (see Section 20.62.065) shall be exempt from the restrictions of this chapter, 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." 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. 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. 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." l� CITY OF NEWPORT BEACH PLANNING COMMISSION STAFF REPORT Agenda Item No. 4 November 20, 2003 TO: PLANNING COMMISSION FROM: Planning Department Daniel R. Trimble, Program Administrator (949) 644 -3230 dtrimbleCcDcity. newoort- beach. ca. us SUBJECT: Landmark Buildings; Balboa Theater, 707 East Balboa Boulevard General Plan Amendment No. 2003 -006, Local Coastal Program Amendment No. 2003 -005, Code Amendment No. 2003 -009 (PA2003- 212) Request to amend the Land Use Element of the General Plan and Local Coastal Program land use designations to change the intensity limit for property located at 707 East Balboa Boulevard from a floor area ratio to one based on the number of seats and amend Title 20 of the Municipal Code to specify a maximum height limitation specific to Landmark Buildings. APPLICANT-.City Initiated RECOMMENDATION: Staff recommends that the Planning Commission recommend approval of the listed amendments to the City Council by adopting the attached draft resolution. py VICINITY MAP VICINITY MAP yy - M v • ,F y •.e�p4 ,707 East Balboa Ava. AN °k 'N4` Ak � Ae e- 4f44p 4, iq NORTH Fed 707 East Balboa Boulevard General Plan Amendment No. 2003 -006, Local Coastal Program Amendment No. 2003 -005. Code Amendment Nn_ 2nns11na ian2nnz -242% Current Development: Two story commercial building 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 sto hotel Balboa Inn To the west: Two story commercial building IS DISCUSSION: Background: The City Council took action on October 14, 2003 and October 28, 2003 to initiate the requested GP, LCP, and Code amendments. The General Plan and Local Coastal Program amendments would affect one property at 707 East Balboa Boulevard. The subject property is located on the southerly side of East Balboa Boulevard between Main Street and Washington Street. The property is a two story commercial building with no on -site parking. As of the writing of this staff report the building is being restored as a community theater. The Zoning Code amendment would affect four properties which are the Balboa Pavilion, Balboa Theater, Lido Theater, and Port Theater. Analysis The General Plan and Local Coastal Program amendments would change the density calculation for the existing theater use at 707 East Balboa Boulevard from a Floor Area Ratio standard to a number of seats standard. If the GP, LCP and Zoning Code amendments are approved, the landmark buildings would be required to apply for a use permit in order to alter the existing structure height. General Plan and Local Coastal Program amendments 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 residential uses permitted on the second floor or above only. The Balboa Theater site is designated Retail and Service Commercial. The Land Use Element of the General Plan sets forth objectives, policies and limitations for development in the City and designates the general distribution and location of land uses and residential and commercial densities. During its review, staff found that policies B, and L should be considered. Land Use Element Policy B states: "To insure redevelopment of older or underutilized properties, and to preserve the value of property, the floor area limits specified on the Land Use Element allow for some modest growth. To insure that traffic does not exceed the level of service desired by the City, variable floor area limits shall be established based on the trip generation characteristics of land uses. (GPA 96- 1(D)J." The Retail and Service Commercial designation allows for a commercial use with a maximum floor area ratio (FAR) of 0.5 or a mixed use development up to FAR of 1.25 lb on the subject property. The FAR of the existing structure is 1.37. However, traffic and parking generation associated with a theater use is measured by the number of seats. The proposed land use intensity limit would permit a maximum of 350 seats associated with a theater use on the subject property. The amendment would reduce the allowable intensity by 450 seats from the existing 800 seats which reduces parking demand and trip generation. The proposed amendment is therefore consistent with this policy in that it establishes a land use limit based upon a typical trip generation characteristic. The reduction in intensity ensures that traffic will not exceed acceptable levels. Land Use Element Policy L states: "The City shall encourage its community commercial districts to reflect and complement the high quality of its residential areas. The City shall promote the prosperity of its several community commercial districts through the adoption and application of its planning, zoning, building and public works codes, regulations, policies and activities." The subject property is located in the center of the Central Balboa commercial area fronting on Balboa Boulevard. Should the proposed amendment and accompanying Code Amendment be approved, development on the property will still be subject to the Landmark Buildings regulations as well as the Balboa Village Design Guidelines to ensure compatibility with the surrounding commercial district and neighborhood. The restoration of the structure on the subject property and the operation of the community theater use will revive a destination activity for residents and visitors. This would benefit existing uses in the commercial district such as restaurants. The restoration of this structure and the revitalization of the use are also consistent with the City's $8 million pedestrian and streetscape improvements in Balboa Village. Charter Section 423. Protection from Traffic and Density (Measure S Analysis) The amendment consists of a change in the land use intensity measurement from FAR to number of seats. The amendment will result in a net decrease in the number of permitted seats associated with the community theater within the General Plan. The reduction of 450 seats will result in a decrease in average daily vehicle trips. Therefore, none of the three thresholds to require a vote pursuant to Charter Section 423 (Measure S) are exceeded. Local Coastal Plan Amendment The subject property is located within the Central Balboa Area statistical area (Central Balboa). Like the General Plan, the Local Coastal Plan designates the sub)ect property for Retail and Service Commercial uses with residential uses permitted on the second floor or above only. The Local Coastal Program also allows a minimum of one dwelling unit permitted per lot. Coastal Act policies state that visitor serving commercial uses are a priority over residential uses in the coastal zone and that land uses should not impact public views, I� coastal access or coastal environmental resources. The existing commercial structure on the subject property contributes to the quantity of commercial establishments in the Central Balboa area and will serve both residents and visitors, but is non - conforming because it exceeds the maximum permitted FAR and does not provide any off - street parking. There are no public views through or across the property that will be adversely impacted by this amendment. Additionally, coastal access will not be impeded by the proposed amendment due to the location of the property and the fact that the lot is entirely covered by the existing building. The reduction in intensity will reduce off -site parking demands, thereby reducing any impact to coastal access through a reduction in parking availability. The property in question is void of measurable environmental or biological resources. Zoning Code Amendment In addition to the General Plan and Local Coastal Program amendments, staff proposes a Code Amendment to the Landmark Building chapter in Title 20 of the Zoning Code related to building height. The Code amendment would specify a maximum height limitation (existing height or 50 feet) specific to Landmark Buildings and establish a permit process that would regulate development of properties subject to the Landmark Building Ordinance. Approval of the Code amendment does not add to or reduce the permitted height to any of the subject properties. Any development seeking to alter or increase the height of a subject property would be required to apply for a Use Permit pursuant to the provisions established by this Code amendment. The reason for providing flexibility for landmark buildings is tied to the Building Code and ADA regulations, specifically elevators. During the restoration of any of the subject properties an elevator will be required for fire safety and disabled persons access. These structures will exceed height limits as all four landmark buildings are non- conforming. This is consistent with the proposed General Plan and Local Coastal Program designations if they are approved as the amendments together would allow for an effective and feasible restoration of the Balboa Theater structure as well as a viable community theater use. The implementation section of Land Use Element Policy L expressly supports this type of flexibility. "Guidelines 4. The City recognizes that the older and historic building within its community commercial districts often require special consideration and concessions." °Planning and Building 2. The City shall encourage the refurbishment, remodeling and modest expansion of older, nonconforming buildings within community commercial districts by grandfathering such nonconforming uses when feasible and practicable." "Planning and Building 6. The City shall utilize the less stringent historical building codes whenever feasible and practicable to promote the restoration of older commercial buildings." 1Y If approved, future development on the subject property would still be required to comply with all development and land use regulations established in the Landmark Buildings chapter and, in the case of the Balboa Theater and Balboa Pavilion, they would also be regulated by the Balboa Village Design Guidelines. Environmental Review: This project has been reviewed, and it has been determined that it is categorically exempt under the requirements of the California Environmental Quality Act under Class 5 (Minor Alterations in Land Use Limitations). The site is currently developed with a commercial structure within an urbanized area, utilities are available and no significant environmental resources are located on the site. Public Notice: Notice of this hearing was published in the Daily Pilot, mailed to property owners within 300 feet of the property and posted at the site a minimum of 10 days in advance of this hearing consistent with the Municipal Code. A notice was also sent to the property owners of each of landmark buildings. Additionally, the item appeared upon the agenda for this meeting, which was posted at City Hall and on the city website. Conclusion: The Commission may decide that the change of General Plan land use intensity standard is not appropriate for the subject property or that the specification of a height limit for Landmark Buildings is not appropriate. If this is the case the Commission may recommend that Council not approve the proposed amendments. This would likely forestall the efforts to restore the Balboa Theater and may result in the restoration effort being abandoned. However, the Commission may find that the proposed amendments are consistent with the objectives and policies of the General Plan Land Use Element and that the specification of a height limit for Landmark Buildings is appropriate. This would likely result in the Balboa Theater restoration moving forward via a Use Permit application in the next couple of months. Should the Commission determine that a favorable recommendation to the City Council is appropriate, staff has included a draft Planning Commission Resolution as Exhibit "A ". Prepared by: Submitted by: Daniel Trimble, Program Administrator Patricia L. Temple, Planning Director Exhibits: 1. Resolution No. _; findings for recommendation of approval Iq CITY OF NEWPORT BEACH SUPPLEMENTAL PLANNING COMMISSION STAFF REPORT Agenda Item No. 4 November 20, 2003 TO: PLANNING COMMISSION FROM: Planning Department Daniel R. Trimble, Program Administrator (949) 644 -3230 dtrimbleacity. newport- beach.ca. us SUBJECT: Landmark Buildings; Balboa Theater, 707 East Balboa Boulevard General Plan Amendment No. 2003 -006, Local Coastal Program Amendment No. 2003 -005, Code Amendment No. 2003 -009 (PA2003- 212) Request to amend the Land Use Element of the General Plan and Local Coastal Program land use designations to change the intensity limit for property located at 707 East Balboa Boulevard from a floor area ratio to one based on the number of seats and amend Title 20 of the Municipal Code to specify a maximum height limitation speck to Landmark Buildings. APPLICANT:City Initiated Staff recommends that the Planning Commission recommend approval of the listed amendments to the City Council, as shown in the revised Attachment C, to the draft resolution. DISCUSSION: In continuing to think about the proposed Code Amendment, staff has concluded that the findings required for a use permit to exceed the base height limit, found in Section 20.65.055, would not be appropriate for the proposed height provision specific to Landmark Buildings. The findings in Section 20.65.055 relate to architecture and design, whereas the purpose of the Landmark Buildings section is to preserve and encourage the adaptive reuse of historic structures. Staff is recommending the !D a following findings be required for the use permit established by the proposed Code Amendment. 1. The portion of the structural alteration or addition that exceeds the height of the existing building does not significantly impact public views. 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. 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 proposed findings are intended to assist staff and the Planning Commission in determining whether approval of the use permit is appropriate. The first finding seeks to protect public views from significant impacts. The second finding seeks to control intensification of use with out limiting alterations or additions necessary for a viable restoration. The third finding is a standard one that the City requires for all discretionary permits. Staff is also recommending that the height limit be fifty -five (55) feet rather than the fifty (50) feet proposed in the previous staff report. This revision will accommodate the elevator required for the proposed restoration of the Balboa Theater. Due to fire regulations, elevators in the Theater, and in all of the Landmark Buildings, will need to be large enough to accommodate a gurney. Because the square footage of these elevator towers will exceed the twenty -five (25) square foot exception from the height limit, staff is recommending that the Landmark Buildings height provision anticipate this need and facilitate renovation and adaptive reuse of these buildings. Prepared by: Daniel Trimble, Program Administrator Exhibit: Revised "Attachment C' Submitted by: Patricia L. Temple, Planning Director Ai 1 ATTACHMENT 66C11 TO RESOLUTION NO. Section 20.65.070 (Exceptions to Height Limits) shall remain unchanged except for the following added subsection: "H. Landmark Buildings. Any alteration or addition to a Landmark Building (see Section 20.62.065) shall be exempt from the restrictions of this chapter, 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." 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. 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. 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." �2 Planning Commission Minutes 11/20/2003 requirement of businesses issued a use permit under this It would be appropriate to modify if the Commission wanted with 60 day time period to get the training. blic comment was opened. blic comment was closed. otion was made by CommissioneiTucker approve Use Permit No. 2003 M to allow an eating and drinking establishment within Neiman - Marcus to )erate under a Type 47 (On -Sale General Eating Place) License, subject the findings and conditions of approval attached with modification to indition 5, to insert the words at the end of the sentence, ..'within 60 iys becoming an employee of the applicant'. Also on condition 15, :lete the sentence, 'The sale for off -site consumption of alcoholic >,verages is prohibited.' I don't have a fear that Neiman - Marcus selling out their restaurant will turn into a liquor store type of problem. Ayes:1 Eaton, Cole, Toerge, McDaniel, Selich, Kiser and Tucker Noes: one Absent: None Abstain: None OBJECT: Landmark Buildings 707 East Balboa Boulevard Page 6 of 15 ITEM NO.4 PA2003 -212 ?quest for a General Plan Amendment to the Land Use Element of the Recommended %neral Plan and Local Coastal Program to change the intensity limit for for Approval 7 East Balboa Boulevard from a floor area ratio to one based on the mber of seats and a Code Amendment to Title 20 of the Municipal Cod add a specific height limitation for landmark buildings. Trimble, Program Administrator gave an overview of the staff report ig that the Code Amendment would specify a maximum heigh ation that would only apply to the Landmark Buildings. The reason to flexibility is tied to the renovations that would be needed, specificall, ators and ADA regulations. He concluded with the recommendation tc pt the resolution and three attachments, the General Plan Amendment Local Coastal Program Amendment and the Zone Code Amendment. supplemental staff report has the findings that would go along with the permit. He then noted two corrections to the resolution, an extra worc reference to 50 feet should read 55 feet. missioner Toerge asked for the current height of the four land Trimble answered that each of them is under the 55 foot height and th - conforming status may be at or over the existing height limits. He did know the exact height of each building. This item would allow for th ansion of the building itself to the height limit. file: //H:\Plancomm\2003PC \l 120.htm 12/02/2003 Planning Commission Minutes 11/20/2003 Page 7 of 15 mmissioner Toerge asked under the circumstances that a building might demolished, whether choice or disaster, does the action before us offer additional rights to the existing development should they rebuild it other n what they have today? Trimble answered it does not by right, it does by use permit and they Un ild need to meet the findings of the use permit, which would be in ards to significant views and visual impacts as well as not allowing fo intensification of use. They can build higher, but they can not intensi Wr use of that structure. 0 Temple added that if the property owner with a Landmark Buildi d elect to demolish the entire structure by his own judgment with t ption of those in the Central Balboa Specific Plan, outric nstruction would not be allowed as it would no longer be a Landma ing. In the case of natural disaster or act of public enemy, our Nc xming Chapters does allow reinstatement of non - conforming rights in circumstances. rnissioner Toerge, referring to page 4 of the staff report, noted the :tion in intensity insures that traffic will not exceed 'acceptable levels'. are 'acceptable levels' defined? Trimble answered that staff took the existing non - conforming m the floor area ratio and considered the 800 seats, which is the e acity, to be equivalent and going off from the reduction of 450 i is how we made that conclusion. . Temple answered that the City's General Plan assumes continuation o the uses that are non - conforming. In the General Plan, we make the gment that the traffic system and the land use plan are correlated. )re is the presumption that those 800 seats stay forever within ou ?rail land use and circulation balance. With the project that reduces tha i- conforming number, it should be less in terms of traffic. imissioner Tucker noted that the motivation for the 55 foot height I to do with ADA type access, the way the Code Section is written, if icant came in with sufficient reason for us to grant a use permit t have the duty to limit it to those type of uses in the higher areas. iissioner Eaton asked about the roof deck being used ainment purposes. Does that fit within the non - conformity that nt in the land mark designation? What is the capacity of the n and has there been any discussion if that would be operafi aneously with events in the theater itself? . Trimble answered that we have recommended a condition that the [cony not be used if the theater is being used to capacity. If there was a nor event going on, not sold out and they wanted to have an event on the ck, they would be within their capacity and still meet the intent of non- file://14:\PIanconun\2003PC\I 120.htm I2/02/2003 Planning Commission Minutes 11 /20/2003 Page 8 of 15 We would allow joint use under those conditions. comment was opened. irol Hoffman, representing the Balboa Theater Foundation noted that the finance is important and gives the Foundation flexibility. In operating a later for the performing arts, you need an area for receptions and tivities for donors. Seldom do those occur when a performance is going because the very draw is for those types of activities for people who are Q LJL ing to the theater. At the time a use permit does come in, we can nsider the kinds of conditions that would assure that there would not be a nflict in intensity. We do need the flexibility, we have taken out the seatsQ order to have a bigger stage and sound equipment to modernize t later, so there is a reduction which does reduce the intensity. The deck top expansion gives us an area that will work to enhance the operations the theater. The 55 feet is important to give us the flexibility for the ace and the deck will be controlled by a use permit. comment was closed. mmissioner Toerge noted his concern if this would create an avenue th uld allow the Port Theater to add another floor. He stated he is having rd time because he did not know how tall it is and are approving a heig iit of 55 feet that could potentially be an additional 10 -15 feet limit to ilding that is much shorter. Are we creating something here, are the ier findings or limitations to prevent that from happening? Trimble answered that with respect to height limitation, they would e to meet the findings that are within the Zone Code Amendment. l Id not be able to intensify the use. The measure of the Port The be FAR or the number of seats, I believe it is FAR currently. ommissioner Tucker noted that the Commission has to be satisfied 5 feet is okay, but the limit is the existing height or up to 55 feet with a ermit. The Port is a different situation than the Balboa Theater and I t ach one of these buildings is unique. It gives flexibility because we c ave any idea what someone might do to re -use one of these buildings at seems to be a policy decision the Council has made to try icourage. It doesn't mean it is going to be 55 feet, they need to show has to be that. :ommissioner Kiser asked it it would impact the theater project if the dditional space above the current historic building was not adding abitable floor area? Is. Temple answered yes. Ir. Trimble added that the Land Use Element Policy L statements talk bout the viability of a renovated structure. In discussions with the pplicant, one of the important economic functions of the theater space for�5 file: //H:\Plancomm\2003PC \l 120.htm 12/02/2003 Planning Commission Minutes 11/20/2003 Page 9 of 15 deck space is the entertainment space that can be used for fund ng. The lobby on the existing structure is not adequate to do any fund ng activity. The actual body of the theater itself is sloped stadium ing so that would not be available either. They do need a place for this ,ity and have talked about putting a deck on the roof to add that ponent. They also need to add and or upgrade dressing rooms, gurney elevator, handicap accessible restrooms, heating, ventilation, etc. LL. ion was made by Commissioner Kiser to recommend to City Council Q oval of General Plan Amendment No. 20003 -006, Local Coastal dram Amendment No. 2003 -005, Code Amendment No. 2003 -009 a Q ented in the staff report according to the attached resolution with th d edits. Ayes: Eaton, Cole, Toerge, McDaniel, Selich, Kiser and Tucker Noes: None Absent: None Abstain: None JBJECT: Area 7 Annexation ITEM NO. 5 PA2003 -149 General Plan amendment and pre- zoning for the territory knows as 'Area Recommended including West Santa Ana Heights, the Santa Ana Country Club, and th for Approval 'ea south of Mesa Drive and the Emerson Street Area. rperson McDaniel noted that the Planning Commission is dealing c the zoning issues. We do not have the opportunity to approve )prove this annexation. Speakers should limit their remarks to fl ratios, heights and setbacks. Those of you who wish to discuss n of annexation need to made those comments to the City Cou will deal with that. Lawrence, consultant for the City, noted: . The City Council directed staff to prepare an application to al West Santa Ana Heights, the Santa Ana Country Club and adjacent areas in March. . Additionally, the city previously initiated annexation proceedings the small Emerson Street area off Tustin Avenue. . None of these areas presently have zoning or land use in the General Plan. . The purpose of this item is to apply such zoning and land designations preparatory to annexation of subject territory. . The West Santa Ana Heights and adjacent areas have been referred) )& file: //H:\Plancomm\2003PC \l 120.htm 12/02/2003