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HomeMy WebLinkAbout05/20/1982� z � r c m W c m x W m> M.m REGULAR PLANNING COMMISSION MEETING PLACE: City Council Chambers TIME: 7:30 p.m. DATE: May 20, 1982 Of Beach MINUTES FOi L CALL 1 1 1 1 1 1 1 1 1 INDEX I X IX IX 1 XI XI XI XI All Present. * a EX- OFFICIO MEMBERS PRESENT: James D. Hewicker, Planning Director Robert Burnham, Assistant City Attorney STAFF MEMBERS PRESENT: William R. Laycock, Current Planning Administrator Fred Talarico, Environmental Coordinator Donald Webb, City Engineer Pamela Woods, Secretary APPROVAL OF THE MINUTES is Minutes of April 22, 1982 Motion X Motion was made for the approval of the Planning All Ayes X X X X X X X Commission Minutes of April 22, 1982, as written, which MOTION CARRIED. Staff advised the Commission of the following requested continuances: Items No. 9 and 10 - Use Permit No. 2082 and Use Permit No. 2084 to the Planning Commission Meeting of June 10, 1982; Items No. 13 and 14 - Use Permit No. 2086 and Tentative Map of Tract No. 11806 to the Planning Commission Meeting of June 24, 1982. Chairman McLaughlin referred to Items No. 6 and 7 - Use Permit No. 2074 and Use Permit No. 2075, relating to electronic game centers, and suggested that these items be continued to July 22, 1982, in order that the City Council may have the opportunity to consider and adopt the proposed Skill Games Ordinance. Motion X Motion was made to approve the above suggested All Ayes X X X X X X X continuances, which MOTION CARRIED. -1- COMMISSIONERS MINUTES RLJUD- DIVISION May 20, 1982 �X NO. 724 � r c m � m the third story of a proposed retail W m City of Newport Beach building, and a ferris wheel, both L CALL AND ALL CONTINUED Resubdivision No. 724 (Public Hearing) TO JUNE 10, 1982 INDEX Request to establish one building site for retail commercial and office development and eliminate interior property lines where eight parcels presently Traffic Study (Public Hearing) Items No. Request to consider a traffic study in conjunction with 1, 2, 3 the development of a 48,603 sq.ft.± retail commercial aan 4 and office building. AND Use Permit No. 2080 (Public Hearing) TRAFFIC Request to .permit the construction of a retail & U— commercial /office building and related parking areas, on property located in the C -1 District in the Central Balboa Specific Plan Area, where a Specific Plan has USE PERMIT not been adopted, and which exceeds 5,000 sq.ft. of NE 2080 floor area. The proposed building also exceeds the 26 foot basic height limit in the 26/35 Foot Height Limitation District. The proposal also includes a modification to the zoning Code so as to allow the use of compact car VARIANCE p parking spaces and other parking spaces which are not independently accessible. NO. 1092 • 11111111 AND Variance No. 1092 (Public Hearing) RLJUD- DIVISION Request to permit the construction of a "space frame" NO. 724 grill work above the third story of a proposed retail commercial /office building, and a ferris wheel, both exceeding the height limit of 35 feet. AND ALL CONTINUED Resubdivision No. 724 (Public Hearing) TO JUNE 10, 1982 Request to establish one building site for retail commercial and office development and eliminate interior property lines where eight parcels presently exist. LOCATION: Lots 1 through 7, Block B, Bayside Tract and portions of Section 35, Township G South, Range 10 West, San Bernardino Meridian, located at 600 East Bay Avenue, bounded by East Bay Avenue, Washington Street; Palm Street and Newport Bay, in Central Balboa. -2- May.20, 1982 MINUTES 3 � � r c m x w f I City of Newport Beach ZONE: C -1 APPLICANT: J.B.S. Development, Claremont OWNER: Fun Zone Development Co., Newport Beach TRAFFIC ENGINEER: Weston Pringle & Associates, Fullerton ENGINEER: Fuscoe, Williams, Lindgren & Short, Santa Ana Agenda Items No. 1, 2, 3, and 4 were heard concurrently due to their relationship. The public hearing opened in connection with these items and Ms. Coralee Gapastione, of Urban Strategy, representing the project applicant, appeared before the Commission. Ms. Gapastione clarified that the density • of the proposed project is 1.4:1, which is the floor area ratio to the bulkhead. She then referred to a colored map which depicted comparisons between the existing site and the proposed project. She stated that they have also submitted a plan which depicts a landscaped pedestrian mall on Washington Street. r 1 LJ Ms. Gapastione stated that staff report has suggested over one hundred conditions of approval for this project. She stated that the applicant accepts all of the conditions imposed, but is concerned with Condition of Approval No. 91, relating to the nighttime lighting, and Condition of Approval No. 97, relating to the placement of the ferris wheel. Ms. Gapastione referred to Condition No. 91 and stated that the applicant has agreed to reduce the bulb size and dim the lighting of the proposed project. She presented an artists rendering of the proposed project at night, which depicted the proposed lighting in relationship to the Pavilion lighting. She stated that the proposed lighting on the project, blends harmoniously with the Pavilion and the bay view and requested.that the proposed lighting plan be approved. -3- INDEX Y \IV\LZ�M`1[RJ May 20, 1982 � r c m � m W m w City of Newport Beach c a m w Planning Director Hewicker explained how the floor area ratio of the project was calculated in the environmental impact report. In response to a question posed by Commissioner Allen, Planning Director Hewicker stated stated that this is the same formula utilized to determine the public access easements along the water front. Commissioner Beek stated that the City's definition of "buildable area" should be changed. He stated that property lines which include easements and streets which are not buildable, should not be counted as a part of the buildable area. Ms. Gapastione stated that they are willing to grant the easement on the walkway to the City, which would then become a legal and recorded easement. Commissioner Allen expressed 'a concern with the • lighting proposal and its cumulative effects it may have in becoming a trend in the area. Ms. Gapastione stated that because the proposed project will encompass one full block on the bay, versus one small project, she stated that the lighting proposal would not be setting a trend. Mr. Fred Talarico, Environmental Coordinator, stated that the nighttime dominance of the Pavilion will be lost to some degree with the proposed lighting of the project, and might be totally lost with future redevelopment in the area. Ms. Gapastione referred to Condition No. 97, relating to the placement of the ferris wheel. She stated that all of the walkway areas will be increased except where the ferris wheel is to be located. She also stated that the location of the ferris wheel will not inhibit the walkway along the bulkhead. She stated that placement of the ferris wheel against the proposed structure, would not be appropriate. She stated that preservation of the ferris wheel is an important historic element of the project and for the community. In response to a question posed by Commissioner King, Ms. Gapastione stated that there will be a protective, • security fencing around the ferris wheel. -4- MINUTES INDEX May 20, 1982 MINUTES n A r c m W City of Newport Beach c s a w RMICALLI III III INDEX Mr. Don Webb, City Engineer, explained the history of the 12 foot pedestrian easement immediately adjacent to the bulkhead. He stated that this easement was given to the City when the existing bulkhead was installed and the beach eliminated. Commissioner Beek asked the applicant if he had any responses to the allegations made at the last meeting by Cynthia Doe. Mr. James Salter, President of J.B.S. Development Corporation and resident of 1028 W. Ocean Front, stated that J.B.S. Development Corporation is a legal corporation in the State of California. He stated that within the next 45 days, they will be moving their corporate offices to Costa Mesa. Mr. James Person Jr., representing the Balboa Improvement Association and resident of 605 W. Bay. Avenue, appeared before the Commission. Mr. Person stated that the Balboa Improvement Association is in • support of the project, as it will benefit the whole community as well as the Balboa District. However, Mr. Person referred to their letter dated May 6, 1982, which states their concerns during the construction phase of the proposed project. Mr. Person stated that the Balboa Improvement Association is requesting that the project, parking structure be completed to grade within eight months of the demolition and clearing phase, as the below grade construction will have a greater impact to the surrounding area in terms of noise and heavy construction equipment usage. He stated that completion of the parking structure will provide additional off - street parking for the. construction workers. He stated that the applicant should be required to post a bond to assure the completion of the improvements to grade. Mr. .Person stated that the Balboa Improvement Association would like to have the opportunity to comment on reversing the direction of travel on Bay Avenue between Main Street and Alvarado Street, after • they have studied the item further. -5- V \ /V\IJJMVCIV May 20, 1982 r c m W W m F City of Newport Beach Mr. Robert Burnham, Assistant City Attorney, referred to his memo dated May 19, 1982, which responds to the conditions as recommended by the Balboa Improvement Association. He stated that the City has legitimate concerns that, in the event the project becomes economically unfeasible, the site be restored such that it not constitute an eyesore and does not present a threat to the health, safety and welfare of persons who live, work and play nearby. Mr. Burnham also stated that a condition can be imposed which would require that the developer provide a policy of insurance, or some other form of security, which would guarantee the repair of all damage to private property, business interruption, or other damage caused by the construction process. He stated that additional information is needed at staff level, to determine the area which. will be impacted during the dewatering process. • Commissioner King suggested that the condition as suggested by Mr. Burnham, be imposed on this project. He also suggested that the trade union contracts be reviewed by staff to see how this will affect the time period of the project. Mr. Burnham stated that the agreement would provide for a fair and equitable way of determining the forfeiture of the bond. Mr. Person stated that in the event the project becomes economically unfeasible, the City should have the option of completing the parking structure, rather than filling it in with sand. Commissioner Beek asked Mr. Person to comment on the adoption of a Central _Balboa Specific Area Plan. Mr. Person stated that Central Balboa is a unique area. He stated that the proposed project may set some trends in maintaining and revitalizing Central Balboa. However, he stated that a Specific Area Plan for Central Balboa is not being considered by the Balboa Improvement Association at this time. 0 11111111 -6- MINUTES INDEX � � c m � m 5 c m m D May 20, 1982 of Newport Beach MINUTES INDEX in response to a question posed by Commissioner Allen, Mr. Burnham stated that a policy of insurance would cover the damages and business interruption, whereas a bond would be more appropriate for guaranteeing the completion of the public improvements. Commissioner Allen asked if it would be feasible for the City to have the option of completing the parking structure, if it became economically unfeasible for the applicant to continue with the project. Mr. Burnham stated that any interest of the lender would be subordinate to that of the City in ensuring that the project be rendered safe. Dr. Stanford Greene, resident of 351 Hospital Road, stated that fun zone area is an important part of the City of Newport Beach. He stated that because of its age, the fun zone is essentially a visual blight. He • encourage approval of the proposal which will revitalize the fun zone area. In response to a question posed by Commissioner Beek, Dr. Greene stated that he is comfortable with variety. He stated that the proposed project will be both functional and attractive. Mr. Chuck Marx, resident of 4126 Patrice Road, stated that the proposed project will be an added attraction to Newport Beach and will be a vast improvement over the present fun zone area. Mr. Kurt Herberts, property ,owner of the Balboa Saloon' and Pizza Pete's, stated that his structure was built in 1911 and expressed his concern with the dewatering process of the proposed project. He stated that the environmental impact report states that subsidence may occur as far away as 600 feet. He requested that adequate insurance coverage be provided for all losses caused by the development process. He stated that this insurance coverage should also extend to the tenants who are renting in the affected buildings. Mr.' Herberts stated that the proposed project is excellent for the area. -7- May 20, 1982 MINUTES m M ed City of Newport Beach INDEX Ms. Susie Ficker, resident of 110 9th Street on the Balboa Peninsula, expressed her concern with the subsidence and the possibility of an earthquake during the construction of this project. She stated that a new ferris wheel does not have any historical significance to the area, only the old ferris wheel. She further stated that the carousel should be required to remain on the site. Commissioner Allen stated that the applicant has agreed to state in their deed restrictions that a ferris wheel and a carousel shall remain on the site. Ms. Ficker stated that the proposed project will have . tremendous impacts on the area during its construction. She stated that not all members of the Balboa Improvement Association are supporting the project. She suggested that only one floor of underground parking be constructed which would minimize the • subsidence and the dewatering process. She expressed her concern with the precedence of the extended building height. She also suggested that the siding of the proposed project be similar to that of the Pavilion and that the siding be treated to be fire resistant or fire proof. She stated that the project should be reduced in size, which would still be economically feasible and would create less havoc in the area. Mr. James Salter stated that his company builds.close to one million square feet of development per year. He stated that they are agreeable to completing the improvements to grade within eight months. He stated that they will also be providing insurance coverage' which will include a business interruption clause. He stated that the 600 foot perimeter around the subject area will be closely video monitored for any possible problems. He further stated that the siding of the structure will be fire treated as suggested by Ms. Ficker. He stated that this project was created and designed from all of the input received from the various associations and groups within the City. • 11111111 -8- Y \ /WJ�MV[R7 May 20, 1982 n ;K � � c � ' m City of Newport Beach c n m m Mr. Burnham referred to Condition of Approval No. 97, and suggested that the following revised wording be added, "Prior to the issuance of any building, grading and or demolition permits, the applicant shall record a restrictive covenant guaranteeing the retention of the existing ferris wheel and carousel; or their replacement with a similar ferris wheel and carousel." Mr. Burnham stated that if there should be damage to the adjoining structures, the structures can be restored through the use permit process. He stated that the Planning Commission and City Council would be the ultimate arbitrators of the restoration rights of adjoining property owners. Ms. Billy Gabrielle, resident of 2888 Bayshore Drive, stated that she is in support of the proposed project. She stated that it will be a nice addition to the community. Commissioner Allen asked if the Pavilion will be • monitored for possible subsidence. Mr. Ross Cash, of Cash and Associates, the structural engineer for the project, stated that recording devices will be in the surrounding area to monitor possible subsidence and vibrations. Mr. Talarico stated that the applicant will have to establish a program to the satisfaction of both the Building Department and Public Works Department. Mr. James Person, attorney representing Mr. Phil Tozier of the Balboa Pavilion, stated that they are satisfied with the proposed project. Commissioner Beek asked the applicant if they would be agreeable in providing a clear, 20 -foot wide strip down the sidewalk in front of the project,, which has no landscaping, trees, benches, tables, chairs or other obstructions. Ms. Gapastione stated that this would be acceptable. Chairman McLaughlin suggested that the Commission take straw votes on the proposed Traffic Study, Use Permit, Variance and Resubdivision. She stated that final votes will be taken on these items at the Planning Commission Meeting of June 10, 1982. • -9- MINUTES INDEX 'V�lY1iJ� May 20, 1982 � m m a m R City of Newport Beach Traffic Study Commissioner Winburn expressed her concern with the surface traffic routes in the fun zone area. Mr. Talarico stated that these items should be addressed in the use permit. In response to a question posed by Commissioner Beek, Mr. Talarico stated that the Traffic Study requires that the applicant shall contribute his fair share, as determined by the City, to the Circulation Systems Improvements. Mr. Salter stated that it is their understanding that the maximum figure for this would be $162,300.00, which would be acceptable. )tion 111'II Motion was made for the approval of a straw vote on the 1 Ayes X X X X Traffic Study, subject to the findings and conditions of Exhibit "A of the May 6, 1982 staff report, which STRAW VOTE CARRIED. Use Permit No. 2080 Commissioner Allen suggested that Condition of Approval No. 97 be revised, as recommended by Mr. Burnham, "Prior to the issuance of any building, grading and or demolition permits, the applicant shall record a restrictive covenant guaranteeing the retention of the existing ferris wheel and carousel or their replacement with a similar ferris wheel and carousel." Commissioner Allen suggested that all revisions as suggested in the May 20, 1982 staff report, be included in the approval of the use permit, including Conditions of Approval No. 103, 104, 105, and 106, as suggested by staff. She also suggested that Condition No. 105 be revised to reflect that the applicant shall provide a policy of insurance, rather than posting a bond. • 11 .11-1111 -10- MINUTES INDEX r c m m to m A 0 J j Ip JC N � May 20, 1982 of Newport Beach MINUTES RMCALLI III III 1 1INDEX I Commissioner Allen further suggested that Condition of Approval No. 107, as suggested by staff earlier, also be included, "The applicant shall enter into an agreement and post a bonds) guaranteeing the completion of the proposed project to grade (parking structure completed and useable) within eight (8) months from the issuance of any grading permit. Sanctions for non - compliance and total amount that could be paid by the applicant in the event of non - compliance shall be established. The agreement and bond(s) shall be subject to the approval of the City Attorney's Office and Building Department." Commissioner Balalis stated that there is already traffic congestion in the area and expressed his concern that the proposed project will add an additional burden for left hand turns off of Balboa Boulevard. He asked how the traffic will get out of the Peninsula during the weekends. In response to a question posed by Commissioner Beek, • Mr. Talarico stated that the environmental document relates to all of the items, except for the Traffic Study. Commissioner Beek stated that the environmental document is inadequate because it does not address the traffic congestion and mitigation measures. Mr. Talarico stated that the Citizens Environmental Quality Advisory Committee will be meeting again, before the Planning Commission takes final action. Mr. Talarico also stated that in the interim, the City consultants will be responding to the concerns expressed.. Mr. Don Webb, City Engineer, referred to an aerial photograph which depicted the traffic circulation patterns of the area which now exist. Mr. Webb referred to the Public Works Department memo dated May 20, 1982, and discussed the advantages and dis- advantages of reversing the direction of travel on Bay Avenue between Main Street and Alvarado. He stated that before such a proposal could be implemented, it would need to be reviewed by the affected community associations, the local businessmen and the affected residents. He stated that implementation of such a proposal would also require a public hearing before the City Council and the adoption of an ordinance. • I I I� I I I -11- May 20, 1992 MINUTES �x gym: m W m x w City of Newport Beach INDEX In response to a question posed by Commissioner Balalis, Mr. Webb stated that the installation of a left turn lane on Washington Street has also been considered. In response to a question posed by Commissioner Balalis, Mr. Salter stated that the parking structure would remain open during the weekend. Commissioner Balalis suggested that the Planning Commission recommend to the City Council that a Traffic Study be made which would allow the traffic circulation to move in a different direction in this area. He stated that more than just a cursory review is needed on this item. Commissioner Allen stated that if the ferris wheel is located where the staff has recommended, it may render • those windows in the building, next to the ferris wheel, totally useless. She stated that the ferris wheel is not a stationery fixture, but will continually be in motion. Commissioner Beek stated that the ferris wheel would be a distraction, whether it is located five feet away from the windows or 25 feet away. Commissioner Beek asked if it would also be practical to reverse the flow of traffic in the parking structure if the parking stalls are on an incline. Mr. Dave Christian, a representative of the applicant, stated that either direction of traffic can be circulated in the parking structure. He stated that the parking stalls are at a 90 degree angle. Motion X Motion was made for the approval of a straw vote which Ayes. X X would require that the ferris wheel remain on -site as Noes X' X X X recommended by staff, which STRAW VOTE FAILED. Motion X Motion was made for the approval of a straw vote which Ayes X X X X X X would allow the ferris wheel to be located as proposed Noes X by the applicant, and to include the recordation of a restrictive covenant for the ferris wheel and carousel as recommended by the Assistant City Attorney, which. • STRAW VOTE CARRIED. - - -12- V%1VMJJM14ov May 20, 1982 � r c m ' m City of Newport Beach sn m� MINUTES RMLL CALL I I I I I I I I I INDEX In response to a question posed by Commissioner Beek, Mr. Talarico stated that the responses to the Citizens Environmental Quality Advisory Committee concerns will be submitted at the next Planning Commission Meeting, along with the Statement of Facts and Statement of Overriding Considerations. Mr. Talarico stated that these responses will address the traffic impacts which specifically relate to this project. He stated that the responses will not address how to solve the entire circulation system problems in Central Balboa. Commissioner Balalis suggested that further studies be made by staff to explore the traffic alternatives in Central Balboa. Planning Director Hewicker suggested that the Planning Commission vote on these items based upon the current circulation system and that staff be instructed to pursue further circulation studies in the Central Balboa area. Commissioner Balalis stated that he would be • comfortable on voting on the project and requesting that the staff pursue the traffic circulation element at a future date, with the condition that if there should be minor changes as may be caused by revisions to the Central Balboa area overall circulation system, the applicant shall agree to make such minor changes. Commissioner Balalis stated that funds would have to be made available in order to pursue the traffic circulation study. Ms. Gapastione stated that the applicant would be willing to assist the City, for a reasonable fee, in the funding of the study, which would be separate from the environmental impact report. Mr. Talarico suggested the following two additional conditions, which would address these concerns: 108. Prior to the issuance of any building, grading and or demolition permits for the ,project, the applicant shall agree to make such minor changes to the project as maybe caused by revisions to the Central Balboa Area Overall Circulation System. The agreement shall be subject to the approval of the City Attorney's Office and the Planning Department. • 11111111 -13- COMMISSIONERS May 20, 1982 MINUTES �X � r c m ^ m W a � City of Newport Beach LL CALL INDEX 109. Prior to the issuance of any building, grading, and or demolition permits for the project, the applicant shall deposit a sum of $7,000.00 to study the Central Balboa Area Circulation System. Motion X Motion was made for the approval of a straw vote on Use Ayes X Y X X X X Permit No. 2080, subject to the findings and conditions Noes X of Exhibit "A" of the staff report of May 6, 1982 and the revised staff report of May 20, 1982, including the additional conditions as discussed at tonight's meeting, which STRAW VOTE CARRIED. Variance No. 1092 Commissioner Allen suggested that the space -frame grill work be approved outside of the variance process as it is considered to be an architectural feature. • Planning Director Hewicker suggested that an additional finding be included on the variance, that the space frame can be considered an open architectural feature, under the City's height regulations. Therefore, the only necessity for the variance would be for the height of the ferris wheel. Motion X Motion was made for approval of a straw vote on A11 Ayes X X Y X X X X Variance No. 1092, subject to the findings and conditions of Exhibit "A" of the staff report of May 6, 1982, with the additional finding that the space frame is approved and considered an architectural feature under the City's height regulations, which STRAW VOTE CARRIED. Commissioner Balalis stated that the straw vote on the use permit did not include the applicant's request for the proposed lighting. He suggested as an alternative, that the lighting be allowed on the space frame and the ferris wheel. Planning Director Hewicker stated that the Planning Commission would have the opportunity to consider such changes at the next Planning Commission Meeting. • -14- May 20, 1982 MINUTES � z r c m a m m m City of Newport Beach INDEX Resubdivision No. 724 In response to a question posed by Commissioner Beek, Mr. Don Webb explained the corner cut -offs being requested by the Public Works Department. Motion X Motion was made for the approval of a straw vote on All Ayes X X X Y X X X Resubdivision No. 724, subject to the findings and conditions of Exhibit "A" of the staff report of May 6, 1982 and the revised staff report of May 20, 1982, which STRAW VOTE CARRIED. Motion X , Motion was made to continue these items to the Planning All Ayes X X X X X Commission Meeting of June 10, 1982, which MOTION CARRIED. • * * x The Planning Commission recessed at 9:55 p.m.. and reconvened at 10:05 p.m. • 11111111 -15- May 20, 1982 City of Newport Beach MINUTES INDEX Request to consider amendments to Title 5 and Title 20 Item #5 of the Newport Beach Municipal Code establishing regulations pertaining to the operation and location of electronic video games machines in the City of Newport Beach. INITIATED BY: The City of Newport Beach Planning Director Hewicker discussed background information relating to the proposed amendment. Commissioner Beek requested that the speakers in the audience address the issue as to where and what the children will be doing, if they are not at the video arcades. Also, if the children in the video arcades would be creating more trouble, than if they were gathered at another use and location. • The public hearing opened in connection with this item and Ms. Georgia Mahoney, resident of 814 E. Ocean Front, and President of the Newport Elementary School P.T.A., appeared before the Commission. She stated that the video arcades create a unwholesome atmosphere for the children and that there are already too many arcades in the area. She stated that they would rather see the children on the beach or in the library. In response to a question posed by Commissioner Winburn, Ms. Mahoney stated that they would prefer to see the video arcades located at least one -half mile from the schools. She stated that the P.T.A. would actually prefer to see the video arcades prohibited entirely. Mr. Ralph Whitford, resident of 406 Snug Harbor Road and representing the Newport Elementary School faculty, appeared before the Commission. Mr. Whitford distributed to the Commission a letter from Sandra Asper, a fourth grade teacher at Newport Element School, which expressed her concerns. He stated that the children are using their lunch money to operate these video machines and that tardiness has become a problem for the school. & IIIIII11 -16_ AMENDMENT NO. 572 APPROVED COMMISSIONERS May 20, 1982 MINUTES �x � r c m � m Beach Newport City of New c a m d LC A LL INDEX Mr. Whitford suggested that a surtax be applied on all of the video arcade applications, which .would apply towards computer science education in the schools. He stated that on the average, the Newport Elementary School children as a whole, spend $80 to $100 per day, on video games in the City of Newport Beach. He stated that the video arcades establish an unhealthy pattern for these children. Mr. Whitford suggested that be open prior to 3 p.m. in under sixteen years of age, supervision. the video game arcades not I the afternoon to children unless they have parental Commissioner King stated that the Atari computer games .. have been the biggest selling toy item in the country . for the past two years. He stated that it is the same parents that buy their children these computer games, which are now expressing their concerns and opposition with the video game arcades. • In response to a question posed by Commissioner King, Mr. Whitford stated that the tardiness problem with the school children occurs during the morning hours, before the children arrive at the school. He further stated that eight -five to ninety percent of the children walk or ride their bikes to school, which allows them easier access to visit these arcades in the morning hours. Commissioner King stated that somewhere down the line, the parents also have a moral obligation to monitor their children's activities. Mr. Les Schunk, owner of Newport Tire Center, stated that video computer games are here to stay. He expressed his concern with the possible locations of these video arcades and stated that these arcades should not be permitted within 300 feet of schools or residential areas. He also stated that noise levels of the arcades should be monitored. Planning Director Hewicker stated that the revised, drafted Ordinance does not include a 300 foot limitation from residential zones, nor does it include any limits on noise levels. He stated that a 300 foot limitation would eliminate ninety -nine percent of the sites where these uses could be established, including • at least one -half of the Fun Zone area. -17- May 20, 1982 MINES �x � r c m ' m W m H 3 City of Newport Beach Ask MLLCALLI 111 11 1 1 INDEX In response to a question posed by Commissioner Kurlander, Mr. Schunk stated that he is requesting the 300 foot limitation because of the noise levels and bicycle congestion which will be created by a video arcade use. Commissioner Kurlander stated that the proposed Ordinance requires that the applicant must provide accessible and adequate off - street parking facilities and storage facilities for automobiles, bicycles, skateboards and other means of transportation. Mr. Donald Dean, resident of 501 Park Avenue, stated that he operates a small restaurant business on Balboa Island, which includes video games. He stated that he has not had any problems with the children who visit his establishment. He further stated that many of the children's parents also play the video games. He stated that he imposes strict supervision over the use of his video games. • In response to a question posed by Commissioner Beek, Mr. Dean stated that a restriction limiting the hours that children can utilize the machines, would not affect his business. He stated that most of the morning video game players are construction workers and local businessmen, not children. Ms. Virginia Whitehouse, resident of 517 Marigold Avenue, stated that she is a faculty member of the Newport Elementary School. Ms. Whitehouse stated that the Newport Elementary School is in a unique location in that the Balboa Peninsula has a festive mood. She stated that the faculty is concerned with the proximity of the video games to the school. She suggested that a one -half mile restriction from schools be imposed. Commissioner Allen asked Ms. Whitehouse if she would rather have a locational restriction imposed on the video arcades, or an hour restriction imposed. Ms. Whitehouse stated that an hour restriction would also benefit the Newport Elementary School. • 11111111 -18- ►v r w:anwi .uw May 20, 1982 3 A � r c m W m 'a= = City of Newport Beach c a a m MINUTES M RMLL CALL 1 1 1 1 1 1 1 1 1INDEX ■ Commissioner Kurlander asked Ms. Whitehouse if she would prefer to see the Commission regulate all video game machines, rather than two or more machines. Ms. Whitehouse stated that all video game machines should be subject to the regulations. In response to a question posed by Commissioner Beek, - Mr. Burnham stated that one video game machine can be regulated as easily and as legally as two or more machines. Ms. Carol Martin, resident of 1824 W. Ocean Front, stated that many of the residents were not aware that the proposed ordinance had recently been amended to - exclude the 300 foot limitation from residential zones. She stated that the residents in the City of Newport Beach want to protect their residential environments. • In response to a. question posed by Ms. Martin, Planning Director Hewicker and Mr. Robert Burnham, Assistant City Attorney, explained the conditions under which a use permit can be, granted and the circumstances under which a use permit can be revoked. In response to a question posed by Ms. Martin, Mr. Burnham stated that the 300 foot blanket prohibition from residential zones was taken out of the proposed Ordinance, in order to allow the Planning Commission to make a decision based upon the facts of each case. He stated that locational restrictions have been subject to legal challenge in the past. Therefore, he stated that time restrictions have been inserted in the proposed Ordinance in place of the locational restrictions. Ms. Martin then suggested that a 100 foot limitation be imposed, which would not be considered as restrictive. She stated that video game arcades are not compatible with the existing neighborhoods in the community. • 11111111 -19- vvv May 20, 1982 3 � � r c F w City of Newport Beach MINUTES INDEX In response to a question posed by Commissioner Beek, Ms. Martin stated that the proximity restriction is necessary to protect the residents from the added traffic and bicycles in the area and the added noise impacts which will be created from these uses. Mr. Burnham stated that the use permit process would take all of these concerns and impacts into consideration, before a video game arcade could be approved by the Planning Commission. He stated that locational restrictions would not solve the problem. Ms. Martin also expressed her concern with the possible "grandfathering" of the existing video game arcades. Mr. Burnham stated that the proposed Ordinance does not "grandfather" the existing uses, but rather requires that the existing, non - conforming uses obtain a use permit within one year from the effective date of this. proposed Ordinance, or terminate the non - conforming use. • Ms. Betty Estes, resident of 510 Iris .Avenue, stated that a buffer zone in the proposed Ordinance is needed to protect the residential areas of the community. She also expressed her concern with the bicycles which block the public walkways near video game arcades. She also stated that the noise created by the machines and the customers would be detrimental to the adjoining . residential neighborhoods. Mr. - Hersel Meyers stated that he currently has a pending application for an electronic game center in Corona del Mar. Mr. Meyers stated that he is agreeable with regulations which would provide for bicycle storage on site or inside the structure, age and hour limits for the operation of said machines, and the monitoring of noise levels. Commissioner King asked if the volume on the video game machines is adjustable. Mr. Meyers stated that if the volume can be lowered, this would be acceptable. Mr. Meyers also stated that his proposed video game center will be air conditioned with the doors closed, which will eliminate any of the noise impact to the • surrounding properties. -20- 3 A May 20, 1982 MINUTES >lCity of Newport Beach INDEX Ms. Judy Franco, resident of -202 Via Palermo, stated that the establishment of video game arcades have become a national concern with the National P.T.A. She stated that the National. P.T.A. is considering a resolution which urges the control of video machines. Commissioner Beek stated that an acoustical engineer has measured the noise level of a video game with a decibel meter, and found the noise level at the customer's head to be in the range of 90 to 100 dBA level, which is above the Federal safety standard of 85 dBA. He suggested that a noise level restriction be imposed on the individual video game machines. He suggested that each video game machine not exceed 45 dBA at a range of five feet, or, that the City Council retain an acoustical consultant to determine the appropriate decibel level. Commissioner Kurlander suggested that the proposed Ordinance include a provision requiring a minimum number of bicycle spaces to be provided on -site. He • recommended that one bicycle space be provided for every two machines. He further, suggested that the proposed Ordinance control all video game machines, not just two or more machines. He stated that this would allow the Planning Commission the opportunity .to monitor the proximity of all video game machines and to place any hour restrictions which the Planning Commission may find appropriate. Mr. Burnham suggested that the development standard in the proposed Ordinance be revised to require the applicant to .provide for adequate bicycle parking spaces on -site for 50 percent of the patrons. He further suggested that the actual number of spaces be determined through the occupancy load and the number of machines for each establishment through the use permit process. He stated that this would help to eliminate bicycle parking on public easements or right -of -ways. Planning Director Hewicker asked Commissioner Kurlander if the one or more video game machine suggestion and the bicycle parking suggestion would apply to establishments with on -sale liquor licenses, such as restaurants and bars. Commissioner Kurlander stated that his suggestions relating to controlling all video game machines and the bicycle parking would apply to • all uses, except that theaters would be exempt. -21- V\/V \I�JItJIVCICO May 20, 1982 m � W City of Newport Beach MINUTES E R 7 LL CALL I 1 1 1 III I I INDEX Planning Director Hewicker stated that bars do not normally permit persons under twenty -one years of age. He stated that with Commissioner Kurlander's bicycle parking suggestion, these bars and restaurants would be required to provide bicycle parking. Commissioner Balalis stated that many restaurant and bar patrons on the Balboa Peninsula ride their bicycles as a mode of transportation. Mr. Burnham stated that the bicycle parking space does not have to be within the structure itself, but in an on -site location out of the public easements or rights -of -way. Ms. Whitehouse stated that a combined restaurant and bar in Corona del Mar which has video game machines, attracts children and their bicycles are normally found blocking the public sidewalk. Commissioner Balalis stated that in order to control video games, all video games must be controlled, • including movie theaters. Otherwise, he stated that a movie theater owner may decide to install as many video games as he wants. Mr. Burnham suggested an additional section in the proposed Ordinance which would allow the Planning Commission to waive one or more of the development standards, if a finding is made that waiver of the standard will result in no more harm to the community than would result from imposition of the standard. He stated that this would allow the Planning Commission to judge each application on a case by case basis. Motion Y Motion was made for the following revisions to the Ayes X Y X X X X proposed Ordinance: that the proposed Ordinance control Noes X all video game machines; that the applicant shall be required to provide for adequate bicycle parking spaces on -site for 50 percent of the patrons; that the actual number of bicycle parking spaces be determined through the occupancy load and the number of machines for each establishment through the use permit process; and, that the controlling of one or more video game machines and the bicycle parking development standard shall apply to • I I I I I all uses, except movie theaters shall be exempt, which MOTION CARRIED. -22- Y� /vW.7.7�rcn.� May 20, 1982 A co 3 � � r c m a> w City of Newport Beach MINUTES R O L L CALL I I I I J l l t INDEX 1 Commissioner Winburn referred to Section 20.75.040 of the proposed Ordinance and suggested that the 300 foot limitation from any public or private educational institution be changed to reflect a one -half mile limitation. Commissioner Beek expressed his concern. with the terminology "private educational institution ", as he stated that this could be interpreted to mean a private school in someone's home. Mr. Burnham stated that the words "educational institution" after the word "private" takes care of this concern. Commissioner Allen asked if a one -half mile limitation from schools would virtually be eliminating all video game arcades, except from areas such as Koll Center. Newport or Newport Center. Mr. Burnham stated a locational limitation of video game centers from residences is more restricting than a locational limitation from schools. • In response to a question posed by Commissioner Allen, Mr. Burnham stated that a locational restriction could be waived by the Planning Commission, under the additional section he had suggested earlier, relating to the waiver of one of more of the standards. Commissioner King stated that a one -half mile limitation from schools is an excessive distance when considering the geography of Newport Beach. Commissioner Beek concurred and stated that the children seem to frequent the video game arcades on their way to school in the morning. Therefore, he stated that any video game arcade between their home and school is equally detrimental and the locational limitation from the school would not make a great difference. Motion X Motion was made to revise Section 20.75.040 of the Ayes X X X X proposed Ordinance, to reflect a 1,000 foot locational Noes X X limitation from any public or private educational Abstain X institution, which MOTION CARRIED. • -23- rL r c m W' D May 20, 1982 MINUTES of Newport Beach M MLL CALL 1 1 1 1 1 1 1 1 1INDEX Motion X Motion was made to revise Section 20.75.030, Paragraph Ayes X Y X X X X No. 3 of the proposed Ordinance, that no person under Noes X the age of 18 years shall be permitted to operate an electronic video game before 3:00 p.m. and that the remainder of the paragraph shall remain the same, which MOTION CARRIED. Commissioner Balalis referred to Section 20.75.050 of the proposed Ordinance and suggested that the one year time limit for the request of a use permit by a non - conforming use, be changed to three months. Chairman McLaughlin asked if a three month period allows adequate time for such uses to obtain a use permit. Mr. Burnham stated that a three month period is reasonable, if the Planning Commission has the right to waive the development standards. Commissioner Balalis stated that the non - conforming uses should come • before the Planning Commission in a short period of time. Motion J I I J X Motion was made to revise Section 20.75.050 of the Ayes J( X X X X proposed Ordinance, that the one year time limit for Noes X the request of a use permit by a non - conforming use, be changed to three months, which MOTION CARRIED. Motion X Motion was made to revise Section 20.75.040 of the Ayes X X X X X proposed Ordinance to include the following wording, Noes X X "nor within 100 feet of any residence ", which MOTION CARRIED. Motion Y Motion was made to include an additional section in the Ayes X X X X X proposed Ordinance which would allow the Planning Noes X Commission to modify or waive one or more of the development standards, if a finding is made that the modification or waiver of the standard will have no greater adverse impact on adjacent properties or structures than strict compliance with the development standard, which MOTION CARRIED. • -24- CCOMMSSONERS May 20, 1982 MINUTES m � m F City of Newport Beach I I I I I I I I INDEX Motion Motion was made to revise Section 20.75.030, Paragraph Ayes: X X X 3 of the proposed Ordinance, to delete the phrase, Noes X X X "unless accompanied by a parent or guardian ", which MOTION CARRIED. - Motion I X Motion was made to reconsider and clarify the above All Ayes X X X X X X revisions to the proposed Ordinance, which MOTION TO RECONSIDER AND CLARIFY CARRIED. Commissioner Winburn clarified that she had not intended on voting for the approval of the 100 foot limitation from any residence. She stated that each application should be judged on a case by case basis. Commissioner King stated that he had not intended on voting for the approval of deleting the reference, "unless accompanied by a parent or guardian ". He . stated that the parents should have their discretion in this matter. Motion X Motion was made to reconsider the revision to the A11 Ayes X X X X proposed Ordinance of deleting the reference, "unless accompanied by a parent or guardian ", was now voted on, which MOTION TO RECONSIDER CARRIED. - Motion x Motion was made to revise Section 20.75.030, Paragraph Ayes X X X 3 of the proposed Ordinance to delete the phrase, 11 Noes X X "unless accompanied by a parent or guardian ", which MOTION FAILED. Motion JJJJXJ Motion was made to reconsider the revision to the All Ayes X X X X X proposed Ordinance which set a 100 foot limitation from any residence, was now voted on, which MOTION TO RECONSIDER CARRIED. Commissioner Balalis stated that the 100 foot limitation from any residence will still allow the Commission to judge each application on its own merit. He stated that it is an additional clause which can be • used for denial purposes. -25- WE r c w co o m x W w D � j Ip Jc N 3 May 20, 1982 of Newport Beach MINUTES INDEX Motion X M'A'RRIED. tion was made to revise Section 20.75.040 of the Ayes' X X X roposed Ordinance to include the following wording, Noes X X X nor within 100 feet of any residence ", which MOTION Commissioner Beek suggested that the individual video machines be restricted to emit not more than 45 dBA at a distance of five feet. Mr. Burnham stated that the primary concern of the Commission should be with the amount of noise which leaves the interior of the building. However, he stated that the Commission could regulate the interior noise if it will be affecting the exterior noise. Commissioner King stated that there are State and Federal laws which control noise levels in a work place. He stated that because the proposed Ordinance • is requiring an attendant on the premises, the noise levels can be regulated based upon such legislation. The owner of Galaxy Games, located at 3411 Newport Boulevard, stated that each of the video game machines contain sound regulators for the volume of the sound emitted. However, he asked if the decibels of the machines will be regulated by the applicant or the City. Commissioner Beek stated that it would be the City's responsibility to measure the dBA of the machines. Planning Director Hewicker stated that it is not within the City's capacity to measure the dBA output of each video game machine.- He stated that for applications which require dBA readings, the applicant is required to retain a licensed, acoustical engineer to measure, and certify the dBA level. Motion X Motion was made to require that each individual video Ayes X X X game machine be restricted to emit not more than 45 Noes - X X X - dBA at a distance of five feet, which MOTION FAILED. - Abstain X • -26- May 20, 1982 MINUTES Motion Ayes Noes Abstain • Motion Ayes Noes Motion Ayes Noes Motion Ayes Noes Motion Ayes Noes l J Commissioner Balalis clarified that he was not aware that Commissioner Kurlander's original motion had exempted movie theaters from the proposed Ordinance. He stated that movie theaters should also be regulated under the proposed Ordinance. Commissioner Allen stated that she receives a movie pass from Edwards Theatres which is valued at less than $200.00 per year. Mr. Burnham stated that this does not create a legal conflict of interest. X Motion was made to revise Commissioner Kurlander's X X original motion to control all video game machines, IX IX including movie theaters, under the proposed Ordinance, X X X which MOTION FAILED. Commissioner Kurlander restated his original motion in three parts, as follows: X X X X X X X Motion was made that the proposed Ordinance control one X or more video game machines, which MOTION CARRIED. X Motion was made that the proposed Ordinance require X X X X X X that the applicant shall provide for adequate bicycle X parking spaces on -site for 50 percent of the patrons, (one bicycle parking space per two video games); and, that the actual number of bicycle parking spaces be determined through the occupancy load and the number of machines for each establishment, through the use permit process, which MOTION CARRIED. IX Motion was made to exempt movie theaters from the X X X requirements of the proposed Ordinance, .which MOTION x x x CARRIED. Final Motion was made to adopt Resolution No. 2080, RESOLUTION X X Y X X X approving Amendment No. 572, regulating electronic 2080 X video, game machines, as revised by the previous motions was now voted on, which FINAL MOTION CARRIED. (See attached Exhibit "A" for the text of the approved Electronic Video Game Ordinance). ,r • a -27- m � � c a n m w x w SO City of Newport Beach L CALL INDEX Motion X Motion was made to reconsider Commissioner Kurlander's A11 Ayes X X X X X X X original motion which exempted movie theaters from the proposed Ordinance, which MOTION TO RECONSIDER CARRIED. Motion Ayes Noes Abstain • Motion Ayes Noes Motion Ayes Noes Motion Ayes Noes Motion Ayes Noes l J Commissioner Balalis clarified that he was not aware that Commissioner Kurlander's original motion had exempted movie theaters from the proposed Ordinance. He stated that movie theaters should also be regulated under the proposed Ordinance. Commissioner Allen stated that she receives a movie pass from Edwards Theatres which is valued at less than $200.00 per year. Mr. Burnham stated that this does not create a legal conflict of interest. X Motion was made to revise Commissioner Kurlander's X X original motion to control all video game machines, IX IX including movie theaters, under the proposed Ordinance, X X X which MOTION FAILED. Commissioner Kurlander restated his original motion in three parts, as follows: X X X X X X X Motion was made that the proposed Ordinance control one X or more video game machines, which MOTION CARRIED. X Motion was made that the proposed Ordinance require X X X X X X that the applicant shall provide for adequate bicycle X parking spaces on -site for 50 percent of the patrons, (one bicycle parking space per two video games); and, that the actual number of bicycle parking spaces be determined through the occupancy load and the number of machines for each establishment, through the use permit process, which MOTION CARRIED. IX Motion was made to exempt movie theaters from the X X X requirements of the proposed Ordinance, .which MOTION x x x CARRIED. Final Motion was made to adopt Resolution No. 2080, RESOLUTION X X Y X X X approving Amendment No. 572, regulating electronic 2080 X video, game machines, as revised by the previous motions was now voted on, which FINAL MOTION CARRIED. (See attached Exhibit "A" for the text of the approved Electronic Video Game Ordinance). ,r • a -27- "AAISSIONERS May 20, 1982 MINUTES :g r m m City of Newport Beach M R M I CALL I I I I J i l l I INDEX Request to establish an entertainment center with Item #6 electronic games of skill in an existing building located in the C -1 District. I LOCATION: A portion of Lots No. 2 and 3, Block P, Tract No. 323, . located at 3024 East T PERMI Coast Highway, on the easterly side of N0. USE PERMIT East Coast Highway between Jasmine Avenue and Iris Avenue in Corona del Mar. ZONE: C -1 APPLICANT: Hersel Meyers, Huntington Beach OWNER: Mousa K. Mahgerefteh, Huntington Beach AND Request to establish an entertainment center with . electronic games of skill in an existing building (i.e. The Balboa Inn) located in the C -1 District. • LOCATION: Lots 12, 13, 14, 15 & 16, Block 10, Balboa Tract, located at 105 Main Street on the northwesterly corner of Main Street and West Ocean Front in Central Balboa. ZONE: C -1 -Z APPLICANT: Chien -Shan Wang, Balboa OWNER: Same as applicant Chairman McLaughlin referred.to Items No. 6 and 7 - Use Permit No. 2074 and Use Permit No. 2075, relating to electronic game centers, and suggested that these items be continued to July 22, 1982, in order that the City Council may have the opportunity to consider and adopt the proposed Skill Games Ordinance. Motion X Motion was made to continue Use Permit No. 2074 and Use All Ayes Y X X X X X X Permit No. 2075 to the Planning Commission Meeting of July 22, 1982, which MOTION CARRIED. -28- Continued to July 22, 1982 AND Item #7 USE PERMIT N0. 2075 Continued to Jul 22,1982 Motion I lxlx I Ayes x x x Abstain • Motion I XI I I All Ayes X X X X ri LJ May 20, 1982 MINES of Newport Beach INDEX Request to consider amendments to Title 3 and Title 20 11tem #8 of the Newport Beach Municipal Code establishing regulations pertaining to time -share developments in the City of Newport Beach. AMENDMENT INITIATED BY: The City of Newport Beach Chairman McLaughlin suggested that due to the importance of this item and the lateness of the hour, this item be continued to the Planning Commission Meeting of June 10, 1982. Motion was made to continue Amendment No. 573 to the Planning Commission Meeting of June 10, 1982, which MOTION. CARRIED. - � a Request to permit the installation of outdoor lighting on 20 foot high standards in conjunction with an existing tennis court in the R -1 -B -2 District. LOCATION:.- A portion of Lot 287, Newport Heights Tract, located at 2321 22nd Street on the southerly side of 22nd Street, USE PERMIT between Irvine Avenue and Tustin Avenue. N0. 2082 ZONE: R -1 -B -2 APPLICANT: Roger Luby, Newport Beach OWNER: Same as applicant Staff advised that the applicant has requested that this 'item be continued to the Planning Commission Meeting of June 10, 1982. Motion was made to continue Use Permit No. 2082 to the Planning Commission Meeting of June 10, 1982, which MOTION CARRIED. * x W -29- Continued to June 0, 1982 � r c m m c a F m p D Motion I lxlx I Ayes x x x Abstain • Motion I XI I I All Ayes X X X X ri LJ May 20, 1982 MINES of Newport Beach INDEX Request to consider amendments to Title 3 and Title 20 11tem #8 of the Newport Beach Municipal Code establishing regulations pertaining to time -share developments in the City of Newport Beach. AMENDMENT INITIATED BY: The City of Newport Beach Chairman McLaughlin suggested that due to the importance of this item and the lateness of the hour, this item be continued to the Planning Commission Meeting of June 10, 1982. Motion was made to continue Amendment No. 573 to the Planning Commission Meeting of June 10, 1982, which MOTION. CARRIED. - � a Request to permit the installation of outdoor lighting on 20 foot high standards in conjunction with an existing tennis court in the R -1 -B -2 District. LOCATION:.- A portion of Lot 287, Newport Heights Tract, located at 2321 22nd Street on the southerly side of 22nd Street, USE PERMIT between Irvine Avenue and Tustin Avenue. N0. 2082 ZONE: R -1 -B -2 APPLICANT: Roger Luby, Newport Beach OWNER: Same as applicant Staff advised that the applicant has requested that this 'item be continued to the Planning Commission Meeting of June 10, 1982. Motion was made to continue Use Permit No. 2082 to the Planning Commission Meeting of June 10, 1982, which MOTION CARRIED. * x W -29- Continued to June 0, 1982 COMMISSIONERS May 20, 1982 MINUTES � r c m pp m w City of Newport Beach c o m m [IL =11 INDEX Request to permit the extension of an expiration date (Item #10 on a previously approved use permit that permitted a 29 unit residential condominium development in the Unclassified District. LOCATION: Tract 11018, located at 1455 Superior U� Avenue, on the northwesterly side of N� Superior Avenue, southwesterly of Placentia Avenue, in the West Newport Triangle. ZONE: Unclassified r, APPLICANT: Heltzer Enterprises, Los Angeles OWNER: Same as applicant - I - -- Request to permit the construction of a two -unit Item #11 residential condominium development and related garage spaces in the R -2 District. - USE PERMIT NO'. 2085 AND Request to create a single parcel of land for AND residential condominium development where on lot and a' portion of a second lot presently exists. LOCATION: Lot 7 and a portion of Lot 5, Block 236, Item #12 Corona del Mar Tract, located at 305 and 307 Jasmine Avenue, on the westerly side of Jasmine Avenue, between Seaview' RESUB- Avenue and Bayside Drive, in Corona del DIVISION • Mar. NO. 725 -30- Staff recommended that this item be continued to the Planning Commission Meeting of June 10, 1982, pending staff review of additional plans of the project to be submitted by the applicant. *ion X Motion was made to continue Use Permit No. 2084 to the All Ayes X X X X Planning Commission Meeting of June 10, 1982, which MOTION CARRIED. Request to permit the construction of a two -unit Item #11 residential condominium development and related garage spaces in the R -2 District. - USE PERMIT NO'. 2085 AND Request to create a single parcel of land for AND residential condominium development where on lot and a' portion of a second lot presently exists. LOCATION: Lot 7 and a portion of Lot 5, Block 236, Item #12 Corona del Mar Tract, located at 305 and 307 Jasmine Avenue, on the westerly side of Jasmine Avenue, between Seaview' RESUB- Avenue and Bayside Drive, in Corona del DIVISION • Mar. NO. 725 -30- Motion All Ayes • 0 A � r w pp `/^ 1L c� A m m D ity of n m 5 m X ZONE: APPLICANT: OWNER: ENGINEER: May 20, 1982 mr R -2 Clignett Associates, San Juan Capistrano Sid Carp, Corona del Mar Donald E. Stevens, Inc., Costa Mesa Chairman McLaughlin noted that the applicant or representative for these items had left the meeting due to the lateness of the hour. Motion was made to continue these items to the Planning X Commission Meeting of June 10, 1982, which MOTION CARRIED. * a Request to permit the construction of a seven (7) unit residential condominium development and related garage spaces in the R -3 -B District. A modification to the Zoning Code is also requested to permit a 4 foot t high sign which exceeds 6 sq. ft. in area, to be located in the required 20 foot front yard setback along Morning Canyon Road; 4 foot and 6 foot high fences that encroach from 2 feet to 17 feet into the required 20 foot front yard setback; two second floor decks that encroach 2.5 feet into the required 20 foot .front setback area; and second floor decks that encroach 3 feet into the required 6 foot side yard setbacks. AND Request to subdivide .4861 acres of land into a single lot for a seven (7) unit residential condominium development. LOCATION: Lot 3, Tract 1237 located at 487 Morning Canyon Road, on the northeasterly corner of Morning Canyon Road and East Coast Highway in Corona Highlands. • 11111111 -31- MINUTES INDEX Item #13 0 NO. PERMIT O. 2086 AND Item #14 TENTATIVE MAP 1.OE TRACT NO. 11806 COMMISSIONERS May 20, 1982 MINUTES � r c m W W m x H 3 City of Newport Beach LL LL I INDEX ZONE: R -s -B 160TH APPLICANT: Emil Tessin, Newport Beach - CONTINUED TO JUNE OWNER: Rumney Enterprises,- Inc., Irvine - 24, -1982 ENGINEER: Lawrence 0. McDermott, Civil Engineer, Inc., Santa Ana Staff advised that the applicant has requested a continuance of these items to the Planning Commission Meeting of June 24, 1982. Motion X Motion was made to continue these items to the Planning All Ayes X X X X Y Y X Commission Meeting of June 24, 1982, which MOTION CARRIED. - - x • Request to establish general office uses that do not Item #15 provide direct services to the public and which are not ancillary to another permitted use and which are to be located only on the second floor of an existing retail/ commercial building located in the Retail Service Commercial area of the Mariner's Mile Specific Plan USE PERMIT Area. NO. 2087 LOCATION: A portion of Lot A, Tract No. 919, located at 2244 West Coast Highway, on the northerly side of West Coast Highway easterly of Tustin Avenue, on Mariner's APPROVED Mile. CONDI- TIONALLY ZONE: SP -5 APPLICANT: William Schwarz, Newport Beach OWNER: - Newport Mariners Plaza Associates, Ltd., . Newport Beach The public hearing opened in connection with this item and Mr. William Schwarz, the applicant, appeared before the Commission and requested approval of this item. • IIIIII11 -32- May 20, 1982 MINUTES • FINDINGS: 1. That the subject application is consistent with the provisions of the Draft Local Coastal Plan and the General Plan inasmuch as the first floor of the structure will be retail and service related commercial uses and that the General Plan provides for the preparation of a specific area plan which has been completed and which permits the establishment of non - service related offices on the second floor only, subject to securing a use permit in each case. 2. That the proposed offices do not represent a use of greater intensity than was reviewed and approved in the previous Traffic Study for the existing development. 3. The approval of Use Permit No. 2087 will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That the approval of Use Permit No. 2087 shall be subject to all previous applicable conditions of approval for Site Plan Review No. 25, except as noted below. 2. That the establishment of General Offices of a type which do not provide services to the general public shall be permitted on the subject property provided that such uses shall be on the second floor only. a x x -33- m � W 5 m w m m x Po City of Newport Beach CALL [Ayo INDEX ion X Motion was made for approval of Use Permit No. 2087, s X X X X X X subject to the following findings and conditions, which s X MOTION CARRIED: • FINDINGS: 1. That the subject application is consistent with the provisions of the Draft Local Coastal Plan and the General Plan inasmuch as the first floor of the structure will be retail and service related commercial uses and that the General Plan provides for the preparation of a specific area plan which has been completed and which permits the establishment of non - service related offices on the second floor only, subject to securing a use permit in each case. 2. That the proposed offices do not represent a use of greater intensity than was reviewed and approved in the previous Traffic Study for the existing development. 3. The approval of Use Permit No. 2087 will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort, and general welfare of persons residing or working in the neighborhood of such proposed use or be detrimental or injurious to property and improvements in the neighborhood or the general welfare of the City. CONDITIONS: 1. That the approval of Use Permit No. 2087 shall be subject to all previous applicable conditions of approval for Site Plan Review No. 25, except as noted below. 2. That the establishment of General Offices of a type which do not provide services to the general public shall be permitted on the subject property provided that such uses shall be on the second floor only. a x x -33- COMMISSK)NERS May 20, 1982 MINUTES rC r c m City of Newport Beach L CALL INDEX Data Analysis of West Newport Study Area (Discussion) Item #16 INITIATED BY: The City of Newport Beach - - WEST NEWTORT Commissioner Allen ,suggested that this item be STUDY continued to the Planning Commission Meeting of June AREA 10, 1982, due to the lateness of the hour. Motion X Motion was made to continue this item to the Planning Continued Ayes X X X X X Commission Meeting of June 10, 1982, which MOTION t0 June Noes X CARRIED. 10, 1982 Abstain X ADDITIONAL BUSINESS Excused Absence Motion X Motion was made for an excused absence for Commissioner All Ayes X X X X X X Balalis from the Planning Commission Meeting of July 22, 1982, which MOTION CARRIED. There being no further business, the Planning Commission adjourned at 12:15 a.m, to a Study Session at 2:00 p.m. on June 10, 1982. Joan Winburn, Secretary Planning Commission City of Newport Beach V I I I ) I I -34- • EXHIBIT "A" - FOR PLANNING COMMISSION MINUTES OF MAY 20, 1982 AN ORDINANCE OF THE CITY OF NEWPORT BEACH AMENDING CHAPTERS 5 AND 20 OF THE NEWPORT BEACH MUNICIPAL CODE TO REGULATE ELECTRONIC VIDEO GAME MACHINES The City Council of the City of Newport Beach finds and declares as follows: WHEREAS, electronic video game machines are becoming more wide - spread in the City of Newport Beach, are being install- ed in commercial establishments whose primary business is un- related to the video games and there is an increasing number of • video games being installed within a single location; and WHEREAS, the installation of video games, within a business, can have an adverse impact on the community because of increased traffic congestion, increased noise, reduced access to commercial establishments, reduced parking opportunities, increased litter and other adverse impacts which impact on the health, safety and general welfare of the community; and WHEREAS, regulation of the installation, maintenance and operation of video games within commercial establishments is necessary to ensure that the adverse impacts on the health, safe- ty and welfare of the community are minimized, and existing regu- lations and standards are inadequate to accomplish these goals. 0 NOW, THEREFORE, the City Council of the City of Newport Beach DOES ORDAIN as follows: Section 1. Section 5.34.010 of the Newport Beach Municipal Code shall be amended to read as follows: 5.34010 Definitions. For the purpose of this chapter, the following words or terms, shall be defined as follows: • 0 AMUSEMENT DEVICE. The term "amusement device" shall mean any machine, electronic video game, game or device which may be played or operated by the public for purposes of amusement or recreation, the operation, use or play of which is controlled by placing therein any coin, plate, disc, plug, key, or other device, or by the payment of any fee. It shall include, but not be limited to, any machine, electronic video game or device known as a pin game, pinball machine, one -shot marble game, horse race machine, claw, scoop or grab machine, rotary machine, shuffle- board game, ski ball game, skill game, and all games and activities of a similar nature whatever they may be called. The 40 term "amusement device" shall not be construed to include any vending machine or any coin operated machine which plays recorded music. Amusement device shall include electronic video game machines which are defined as any electronic or mechanical device which upon insertion of a coin slug, or token in any slot or receptacle attached to the device or connected therewith, operates or which may be operated for use as a game, contest, or amusement to the exercise or skill or chance. POOL TABLE. The term "pool table" shall mean any table regardless of its size on which the games of pool, billiards, snooker or bagatelle may be played. EQUIPMENT. The term "equipment" shall mean one or more • pool tables or amusement devices or any combination thereof. FUN ZONE. The term "fun zone" shall mean the area • bounded by Main Street, Bay Avenue, Palm Street and Newport Bay. Section 2. Section 5.34.130 shall be amended to read as follows: Permits and Fees not Exclusive. Permits and fees required by this chapter shall be in addition to any license, permit or fee required under any other chapter of this Code. 0 It shall be unlawful to install, maintain or operate one or more electronic video game machines within any business or structure located within the City of Newport Beach without first securing a Use Permit pursuant to the provisions of Chapters 20.75 and 20.80 of the Newport Beach Municipal Code, unless the installation, maintenance or operation of those machines is ex- pressly exempted by virtue of the provisions Chapter 20.75 of the Newport Beach Municipal Code. Section 3, Chapter 20.75 is added to the Newport Beach Municipal Code to read as follows: Section 20.75.010 - Intent - The City Council of the • City of Newport Beach finds that electronic video game machines are becoming more wide - spread in the City of Newport Beach, are being installed in commercial establishments whose primary busi- ness is unrelated to the video games and there is an increasing number of video games being installed within a single location; and the installation of video games, within a business, can have an adverse impact on the community because of increased traffic congestion, increased noise, reduced access to commercial estab- lishments, reduced parking opportunities, increased litter and other adverse impacts which impact on the health, safety and general welfare of the community; and regulation of the instal- lation, maintenance and operation of video games within commer- cial establishments is necessary to ensure that the adverse im- pacts on the health, safety and welfare of the community are minimized, and existing regulations and standards are inadequate to accomplish these goals. The City Council of the City of Newport Beach further finds that a requirement that businesses containing one or more electronic video games be separated from residential areas by a buffer zone, will tend to mitigate, and possibly avoid, the adverse impacts associated with the installation, operation and • maintenance of these video game machines. 0 Section 20.75.015- Definition - The term electronic video game shall include any coin operated electrical device, which, by means of a video tube or similar instrument, reproduces symbolic figures and lines on a screen which are intended to be representative of real games, activities or events, and which are operated with the object of amusement, competition or the attain- ment of a score which demonstrates relative skill or competence. Section 20.75.020 - Use Permit Required - A business or structure within which one or more video games are installed, operated or maintained, may be permitted in the A -P, C -N, C -R, C- 0, C -1, C -2, M -1, M -1 -A, P -C, O -S and U zoning districts, subject • to first securing a Use Permit in each case. However, a movie theater may install, operate or maintain one or more electronic video game machines on premises without first securing a Use Permit therefor. Section 20.75.030 - Development Standards - The following development standards and regulations shall apply to all businesses or structures containing one or more electronic video games, except movie theaters, and shall be imposed as conditions upon any Use Permit granted by the Planning Commission or by the City Council on appeal for any such establishment: 1. All electronic video game machines within the busi- ness or structure shall be visible to, and supervised by, an adult attendant. The attendant shall be present at all times • that electronic video game machines are available for use; n LJ 2. The supervision and management of the business or structure shall be sufficient to ensure that the conditions of the Use Permit are satisfied at all times, and that there is no conduct on or off the premises that is detrimental to the public health, safety or welfare; 3. No person under the age of 18 years shall be permitted to operate an electronic video game before 3:00 p.m., 4 0 Monday through Friday, and after 10:00 p.m. daily, unless accompanied by a parent or guardian. This restriction shall not apply during school holidays and school vacation periods recognized by schools within the City of Newport Beach. It shall be the responsibility of the Use Permittee and the adult attendant to ensure that these restrictions are enforced; 4. In the event that food is dispensed on the premises adequate waste receptacles shall be located in the vicinity of the video game machines; S. The Use Permittee must provide accessible and ade- quate off - street parking facilities for automobiles, bicycles, skateboards and other means of transportation, as well as such • storage facilities as are deemed necessary to prevent an accumulation of bicycles, skateboards and other objects on public property. The Use Permittee must provide adequate bicycle parking spaces on -site for 50 percent of the patrons (one bicycle parking space per two video game machines). The actual number of bicycle parking spaces shall be determined through the occupancy load and the number of machines for each establishment, through the Use Permit process; 6. The Use Permittee must advise the Planning Director of any change in the circumstances pursuant to which the business is conducted, including but not limited to a change in ownership that might have a material impact on the nature and /or intensity • of the use permitted. The Planning Director, in his or her discretion, may refer the matter to the Planning Commission and • the Planning Commission, in its discretion, may impose additional conditions necessary to maintain the general health, safety or welfare, or if the Planning Commission finds that the imposition of conditions will not mitigate the adverse impact created by the change in circumstances, may revoke the Use Permit pursuant to the provisions of Chapter 20.80 of the Newport Beach Municipal 5 • 11 Code. The failure of a Permitee to advise the Planning Director of any material change in circumstance shall be grounds for revo- cation, or the imposition of additional conditions by the Planning Commission, or the City Council on appeal; and 7. No business or structure containing one or more electronic video game machines shall be permitted within 1,000 feet of any public or private educational institution, nor within 100 feet of any residence. Section 20.75.040 - Duration of Use Permit - Any Use Permit granted pursuant to the provisions of the chapter shall be valid for a period of one year from the date of approval by the Planning Commission. Prior to the expiration of any Use Permit granted pursuant to the provisions of this chapter, the Permitee, at least 45 days prior to the date of expiration, may request a renewal of the Use Permit. The Modifications Committee, after reviewing all relevant information and evidence, may renew the Use Permit for a one -year period, upon finding that the Permitee has complied with all of the conditions of the Use Permit and a finding that there has been no adverse impact on the health, safety or welfare of persons who live or work in the neighbor- hood. In the event the Modifications Committee is unable to make the findings set forth above, it shall refer the matter to the Planning Commission for review. Section 20.75.050 - Non- Conforming Use /Amortization - Any business or structure containing one or more electronic video game machines, as defined herein, in existence and lawfully operating as of the effective date of this Ordinance, shall be exempt from the requirements of this Chapter, for a period of three months, and any such business or structure shall, within three months from the effective date of this Ordinance, either obtain a Use Permit pursuant to this Chapter, or terminate the non - conforming use. C 0 a Section 20.75.060 - Modification or Waiver of Development Standards - The Planning right to modify or waive one or more standards, if a finding is made that of the standard will have no greater properties or structures than strict development standard. 7 Commission shall have the of the development the modification or waiver adverse impact on adjacent compliance with the