HomeMy WebLinkAbout07/22/1982VV\1VMa5"VCK3 REGULAR PLANNING COMMISSION MEETING
PLACE: City Council Chambers
3 X TIME: 7:30 p.m.
i S a DATE: July 22, 1982
City of Newport Beach
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RMLL CALL I III I i l - FINDEX
X IX IX � I XI *I XI Commissioner Balalis was absent.
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EX- OFFICIO MEMBERS PRESENT:
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
I I I I APPROVAL OF * THE *MINUTES
Minutes of June 24, 1982
Motion IIIII Motion was made to approve the Minutes of the Planning
Ayes X X X X Commission Meeting of June 24, 1982, as written, which
Abstain MOTION CARRIED.
Absent
Staff recommended that Item No. 4 - Use Permit No. 2082
be continued to the Planning Commission Meeting of
August 5, 1982, so as to afford the Planning Commission
the opportunity to see a demonstration of the proposed
lighting system.
Motion IIIXI Motion was made to continue Item No. 4 - Use Permit No.
All Ayes X X X X X 2082 to the Planning Commission Meeting of August 5,
1982, which MOTION CARRIED.
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July 22,
1982
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City of Newport
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Request to establish an entertainment center with
Item #1
electronic games
of skill in an existing building
located in the C -1
District.
LOCATION: A portion of Lots No. 2 and 3, Block. P,
Tract No. 323, located at 3024 East USE PERMIT
Coast Highway, on the easterly side of N0. 2074
East Coast Highway between Jasmine .
Avenue and Iris Avenue in Corona del
Mar.
ZONE: C -1
DENIED
•
APPLICANT: Hersel Meyers, Huntington Beach
OWNER: Mousa K. Mahgerefteh, Huntington Beach
Chairman King noted that the applicant, or a
representative, was not present for the public hearing.
Mr. Robert Burnham, Assistant City Attorney, stated
that although Commissioner Goff was not a member of the
Commission at the time this item was first introduced
on the Agenda, he stated that Commissioner Goff would
be eligible to vote upon this item, because he has read
the previous staff reports on this matter.
Mr. William Laycock, Current Planning Administrator,
referred to Exhibit "B" of the staff and stated that if
the Commission should desire to approve this
application, Condition No. 10 should be revised to
reflect that the applicant shall provide bicycle racks
with a minimum capacity of 10 bicycles; and, Condition
No. 13 should be revised to reflect that the
entertainment center shall not be open for business
prior to 11:00 a.m. or after 11:00 p.m. daily.
Motion . X Motion was made for denial of Use Permit No. 2074,
All Ayes X.X X X X * X subject to the following findings, which MOTION
CARRIED:
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July 22, 1982
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FINDINGS:
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1. That the proposed entertainment center will result
in a significant increase in the intensity of_use
on the subject property, impacting adjacent
businesses and residential uses.
2. The Police Department has indicated that inasmuch
as inadequate pedestrian crossing facilities exist
in the vicinity of the subject property, the
potential exists for the creation of a safety
problem for young pedestrians.
3. The proposed development is not consistent with
most of the commercial uses in the vicinity that
substantially cater to people living or working in
Corona del Mar. A majority of the existing
electronic game facilities in the City are located
in commercial areas adjacent to the ocean or bay,
and substantially cater to visitors or residents
already at the beach.
4. The closest residences are located approximately
50 feet from the subject building, and the
potential exists for the proposed arcade to
adversely impact the residents with noise and
loitering juveniles.
5. The approval of Use Permit No. 2074 will, 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.
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Request to establish an entertainment center with Item #2
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. USE PERMIT
Main Street and West Ocean Front in N 2075
Central Balboa.
ZONE: C -1 -Z
APPLICANT: Chien -Shan Wang, Balboa
OWNER: Same as applicant Continued - -t0— 0
5, 1982
Chairman King noted that the applicant, or a
representative, was not present for the public hearing.
Mr. Robert Burnham, Assistant City Attorney, stated
• that although Commissioner Goff was not a member of the
Commission at the time.this item was first introduced
on the Agenda, he stated that Commissioner Goff would
be eligible to vote upon this item, because he has read
the previous.staff reports on this matter.
Motion ) IXI I I I Motion was made for approval of Use Permit No. 2075,
subject to the findings and conditions of Exhibit "A ".
Mr. William Laycock, Current Planning Administrator,
stated that staff has attempted to contact the
applicant to determine if the space currently utilized
for retail purposes will be maintained, or be replaced
with the proposed video arcade. He stated that this
would not affect the use permit, as it would be
creating a smaller area.
Mr. Burnham stated that this may affect the number of
video machines which the Commission may want to approve
for the use. He stated that the submitted plot plan
should be reflective of what is being proposed.
Substitute
Motion - X Substitute Motion was made to continue this item to the
All Ayes X X X X X * X Planning Commission Meeting of August 5, 1982, to
obtain further clarification from the applicant on the
• proposed request, which SUBSTITUTE MOTION CARRIED.
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July 22, 1982
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Request to amend certain conditions of a previously Item #3
approved use permit which permitted the establishment
of an entertainment center with electronic games of
skill on property located in the C -1 District.
USE PERMIT
LOCATION: Lot 9 through 15, Block 22, Newport N0. 1992
Beach Tract, located at 122 23rd Street, AMENDED)
on the easterly side of 23rd Street, .
between West Balboa Boulevard and West
Ocean Front, in the McFadden Square
Area.
ZONE: C -1
APPLICANTS: Dennis Young and Floyd Kaylor,
Newport Beach
OWNER: Francis Ursini, Newport Beach
• Mr. Robert Burnham, Assistant City Attorney, stated
that although Commissioner Goff was not a member of the
Commission at the time this item was first introduced
on the Agenda, he stated that Commissioner Goff would
be eligible to vote upon this item, because he has read
the previous staff reports on this matter.
Mr. William Laycock, Current Planning Administrator,
recommended an additional finding, should the
Commission desire to approve this request. He stated
that the additional Finding No. 6 should read as
follows, "That the entertainment center with video
games now exists on the property and the City is
unaware of any complaints relative to the existing use
from adjacent residential or commercial property."
The public hearing opened in connection with this item
and Mr. Dennis Young, the applicant, appeared before
the Commission, and requested approval of the amended
use permit. Mr. Young stated that they have been
operating the entertainment center for approximately
four months and have experienced no problems or
complaints.
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July 22, 1982
of Newport Beach
Mr. Young stated that the have requested that the low
wall proposed between the skill game area and the
former bike sales and rental area be deleted and that a
maximum of 45 machines be permitted, rather than a
maximum of 20 games. He stated that they have also
requested that the hours of operation be from 8:00 a.m.,
to 1:30 a.m. daily and that a four year time period be
approved. However, he stated that a two year time
period would be acceptable. He added that the noise
generated from 23rd Street far exceeds the noise
generated by the entertainment center use.
In response to a question posed by Commissioner
Kurlander, Mr. Young stated that they have adequate
space to provide bicycle racks with a minimum capacity
of 23 bicycles on the subject property, which is not on
public property.
I Mr. John Shea, resident of 2214 West Ocean Front,
• appeared before the Commission and stated that he has
no complaints with the current operation of the subject
property. However, he recommended that a closing time
of 11:00 p.m. be enforced on the property because there
are .many residential uses in the immediate area. He
stated that a closing time of 1:30 a.m. would not be
acceptable. In addition, he stated that it would be
next to impossible to put 45 video machines inside the
subject building.
•
In response to a question posed by Commissioner
Kurlander, Mr. Shea stated that a closing time of 1:30
a.m. would be totally unacceptable. He stated that a
closing time of 11:00 p.m. would be more compatible
with the adjacent residential uses. Mr. Shea stated
that the only uses open after midnight are the bars in
the area.
In response to a question posed by Commissioner
Winburn, Mr. Laycock stated that the entertainment
center is currently in operation with 20 machines. He
stated that it would be possible to accommodate more
machines, with the removal of one large game and a
redistribution of the existing games.
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Mr. Young stated that the have requested that the low
wall proposed between the skill game area and the
former bike sales and rental area be deleted and that a
maximum of 45 machines be permitted, rather than a
maximum of 20 games. He stated that they have also
requested that the hours of operation be from 8:00 a.m.,
to 1:30 a.m. daily and that a four year time period be
approved. However, he stated that a two year time
period would be acceptable. He added that the noise
generated from 23rd Street far exceeds the noise
generated by the entertainment center use.
In response to a question posed by Commissioner
Kurlander, Mr. Young stated that they have adequate
space to provide bicycle racks with a minimum capacity
of 23 bicycles on the subject property, which is not on
public property.
I Mr. John Shea, resident of 2214 West Ocean Front,
• appeared before the Commission and stated that he has
no complaints with the current operation of the subject
property. However, he recommended that a closing time
of 11:00 p.m. be enforced on the property because there
are .many residential uses in the immediate area. He
stated that a closing time of 1:30 a.m. would not be
acceptable. In addition, he stated that it would be
next to impossible to put 45 video machines inside the
subject building.
•
In response to a question posed by Commissioner
Kurlander, Mr. Shea stated that a closing time of 1:30
a.m. would be totally unacceptable. He stated that a
closing time of 11:00 p.m. would be more compatible
with the adjacent residential uses. Mr. Shea stated
that the only uses open after midnight are the bars in
the area.
In response to a question posed by Commissioner
Winburn, Mr. Laycock stated that the entertainment
center is currently in operation with 20 machines. He
stated that it would be possible to accommodate more
machines, with the removal of one large game and a
redistribution of the existing games.
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Commissioner Kurlander asked Mr. Young if he intends to
install 45 video games in the entertainment center.
Mr. Young stated that they will not be installing 45
video games all at one time. He stated that the video
game technology is continually changing and that some
of the games are becoming as small as one -half square
foot. Therefore, he stated that they requested a limit
of 45 video games so that an amended use permit would
not be necessary each time they installed another video
game.
In response to a question posed by Chairman King, Mr.
Laycock stated that the permitted occupancy load of the
use would be 15 square feet per occupant, which is
approximately 80 occupants.
Motion
Motion was
made for
approval of Use Permit No. 1992
All Ayes
X
X
X
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X
(Amended) ,
subject
to the following findings and
[
I
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conditions,
with the additional Finding No. 6 as
•
recommended
by staff,
and Condition No. 13 to reflect a
closing time
of 11:00
p.m., which MOTION CARRIED:
FINDINGS:
1. That the proposed entertainment center is
consistent with the Land Use Element of the
General Plan and the adopted Local Coastal
Program, Land Use Plan, and is compatible with
surrounding land uses.
2. The project will not have any significant
environmental impact.
3. The Police Department has indicated that they do
not contemplate any problems nor have any problems
been reported with the proposed entertainment
center at this location.
4. That the waiver of the development standards
pertaining to the parking of automobiles and to
the proximity of residential uses be waived
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inasmuch as no adverse impact to the residential
uses or other adjoining businesses has occurred
since the facility has opened and further, that no
greater adverse impact on adjacent properties or
structures is anticipated as a result of this
request. The subject facility is no more intense
than any other retail or office use that could
legally utilize the commercial space without
providing all of the required offstreet parking
spaces. Further, the area in which the facility
is located is already impacted by visitors and
traffic.
5. The approval of Use Permit No. 1992 (Amended) 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.
6. That the entertainment center with video games now
exists on the property and the City is unaware of
any complaints relative to the existing use from
adjacent residential or commercial property.
CONDITIONS:
1. The development shall be in substantial
conformance with the approved plot plan and floor
plan except as noted below.
2. That the number of machines be limited to a
maximum of 45 machines. Any increase will require
an amendment to this Use Permit.
3. This approval shall be for a period of 2 years and
any extension shall be subject to the approval of
the Modifications Committee.
I 4. That permits for the proposed skill games shall be
issued by the License Division.
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July 22, 1982
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5. That noise from the skill games center shall be
confined to the interior of the facility.
6. That no outside music shall be permitted.
7. All electronic video game machines within. the.,
business 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, to insure that
there is no conduct on or off the premises that is
detrimental to the public health, safety, or
welfare.
8. No person under the age of 18 years shall be
permitted to operate an electronic video game
before 3:00 p.m. 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
applicant and the adult attendant to ensure that
these restrictions are enforced.
9. In the event that food is dispensed on the
premises, adequate waste receptacles shall be
located in the vicinity of the video game
machines.
10. The applicant shall provide bicycle racks with a
minimum capacity of 23 bicycles in a location on
the subject property that is not on public
property, does not impede pedestrian traffic, and
does not eliminate any of the existing automobile
parking spaces. The location of the bicycle racks
shall be approved by the Planning Director prior
to the installation of the additional machines.
11. The applicant shall 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.
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July 22, 1982
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12. That the development standards related to a
portion of the offstreet parking spaces and
proximity to residential uses are waived.
13. That the entertainment center shall not be open
for business prior to 8:00 a.m. or after 11 :00
p.m. daily.
Request to permit the installation of outdoor lighting Item #4
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 USE PERMIT
• the southerly side of 22nd Street, N0. 2082
between Irvine Avenue and Tustin Avenue.
ZONE: R -1 -B -2
APPLICANT: Roger Luby, Newport Beach
Continued
OWNER: Same as applicant to August
5, 1982
Staff recommended that this item be continued to the
Planning Commission Meeting of August 5, 1982, so as to
afford the Planning Commission the opportunity to see a
demonstration of the proposed lighting system.
Motion IIIXI
Motion was made to continue Item No. 4 - Use Permit No.
All Ayes X X X X X 2082 to the Planning Commission Meeting of August 5,
1982, which MOTION CARRIED. -
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July 22, 1982
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Request to
consider a
Traffic Study in conjunction with
Item #5
the construction of
a 33,940 square foot office
building.
LOCATION:
Parcel
2 of Parcel Map 152 -28, 29
(Resubdivision No. 659) located at 2121
East Coast Highway on the southwesterly
corner
of East Coast Highway and Avocado ..
TRAFFIC
Avenue
in Corona del Mar.
STUDY
ZONE: C -1
APPLICANT: West Coast Investment, Newport Beach
OWNER: Same as applicant
I I I I I I I The public hearing opened in connection with this item
and Mr. Andrew Gianulias, representing the applicant,
appeared before the Commission and stated that the
• 1 1 1 1 1 1 I project has been previously approved by the City and
requested approval of the additional Traffic Study.
Commissioner Allen stated that by amending the Traffic
Study, this will in no way affect the building which
was previously approved. Mr. Gianulias concurred with
Commissioner Allen's statement.
Mr. David Dill, resident of 704 Acacia Avenue, appeared
before the Commission and expressed his concern with
the traffic flows in the area. He also expressed his
concern with the Corona del Mar Elementary School site
and its future traffic demands.
Mr. Talarico, Environmental Coordinator, stated that
there is no committed project on the Corona del Mar
Elementary School site. He stated that under the
City's Traffic Phasing Ordinance, only existing traffic
and traffic from regional growth and committed projects
are considered. Mr. Talarico stated that the entrance
and exit of the project will be onto Avocado Avenue.
Chairman King stated that any use which would be
planned in the future for the Corona del Mar Elementary
School site, would be judged based upon the existing
• and committed project traffic in the area.
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APPROVED
CONDI-
TIONALLY
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July 22, 1982
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Commissioner Allen suggested that when future traffic
studies are 'performed in this general vicinity, Mr.
Dill be notified of such public hearings. Mr. Dill
stated that this would be very helpful.
Motion
X
Motion was made for approval of the Coast Business
All Ayes
X
X
X
X
X
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Center Traffic Study, subject to the following findings
and conditions, which MOTION CARRIED:
C
FINDINGS:
1. That a Traffic Study has been prepared which
analyzes the impact of the proposed project on the
circulation system in accordance with Chapter
15.40 of the Newport Beach Municipal Code and City
Policy S -1.
2. That the Traffic Study indicates that the project -
generated traffic will be greater than one percent
of the existing traffic during the 2.5 hour peak
period on any leg of the critical intersections,
and will add to an unsatisfactory level of traffic
service at critical intersection which will have
an Intersection Capacity Utilization of greater
than .90.
3. That the Traffic Studies suggest several
circulation system improvements which will improve
the level of traffic service to an acceptable
level at all critical intersections.
4. That the proposed project, including circulation
system improvements will neither cause nor make
worse an unsatisfactory level of traffic service
on any "major ", "primary- modified" or "primary"
street.
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July 22, 1982
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CONDITIONS:
1. That prior to the occupancy of any building on
site the Circulation System.Improvements described
in the Traffic Study dated June 28, 1982 prepared
by Kunzman Associates on Page 11, Table 5 shall
have made (unless subsequent project approvals
require modification there to). The Circulation
System Improvements shall be subject to the
approval of the City Traffic Engineer. .
2._ That the Circulation System Improvement to the
intersection of East Coast Hwy /MacArthur Blvd.
shall be further reviewed by the City Planning
Commission prior to its implementation.
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• Request to consider a Traffic Study for a 36,888 square Item #6
foot office building including general offices, medical
offices and banking facilities.
LOCATION: Lot _716, Newport Mesa Tract, located at
1522 Placentia Avenue on the northerly TRAFFIC
side of 15th Street between Placentia STUDY
Avenue and Superior Avenue in the West
Newport Triangle.
ZONE: Unclassified
APPROVED
APPLICANT: Uhl and Van Tuyle Associates, Inc., Brea
OWNER: Heritage Bank, Costa Mesa
The public hearing opened in connection with this item
and Mr. James Van Tuyle, the applicant, appeared before
the Commission. Mr. Van Tuyle stated that they are now
proposing to utilize 13,323 square feet of the project
for medical offices and requested approval of the
revised Traffic Study.
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July 22, 1982
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Motion I IXI IX I I I Motion was made jor approval of the Heritage Bank
All A es X X X * X Traffic Stud subject to the followin g findings, which
MOTION CARRIED:
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FINDINGS:
1. That a Traffic Study has been prepared which
analyzes the impact of the proposed project on the
circulation system in accordance with Chapter
15.40 of the Newport Beach Municipal Code and City
Policy S -1.
2. That the Traffic Study indicates that the project -
generated traffic will be greater than one percent
of the existing traffic during the 2.5 hour peak
period on any leg of the critical intersections.
3. The Traffic Study further indicates that the
project will not add to an unsatisfactory level of
traffic service at critical intersections as the
intersections will all be operating at an
Intersection Capacity Utilization. value of less
than .9000.
4. That the proposed project, will neither cause nor
make worse an unsatisfactory level of traffic
service on any "major ", "primary- modified" or
"primary" street.
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July 22, 1982
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Request to amend a previously approved use permit that
allowed the establishment of a synagogue and related
facilities in the North Ford Planned Community. The
proposed use permit amendment is.to allow a portion of
the synagogue facilities to be used for classroom
instruction during the evening, in conjunction with the
School of Accounting, University of Southern
California.
LOCATION: Parcels No. 1 and 2, Parcel Map 95 -7
(Resubdivision No. 538), located at 1011
Camelback Street, on the southeasterly
corner of Camelback Street and Jamboree
Road in the North Ford Planned
Community.
ZONE: P -C
.APPLICANT: University of Southern California
School of Business Administration
OWNER: Temple Bat Yahm, Newport Beach
The public hearing opened in connection with this item
and Mr. Richard Meyers, representing the University of
Southern California, appeared before the Commission and
requested approval of this item.
Commissioner Allen stated that this is an excellent
site location for the proposed use.
Mr. Bernie Rome, Chairman of the Building Committee for
Temple Bat Yahm, stated that they support the approval
of this application.
Motion was made for app
roval of Use Permit No. 1892
Motion IXI*IXI
A11 Ayes IX IX X X (Amended), subject to the following findings and
conditions, which. MOTION CARRIED:
•
FINDINGS:
I 1. That the proposed use does not conflict with the
Land Use Element of the General Plan and is
compatible with surrounding land uses.
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Item #7
USE PERMIT
NO. 1892
AMENDE )
APPROVED
CONDI-
TIORKLLY
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July 22, 1982
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2. The project will not have any significant
environmental impact.
3. That adequate parking spaces and related vehicular
circulation will be provided in conjunction with
the proposed nighttime use.
4. The approval of Use Permit No. 1892 (Amended) will
not, under the circumstances of this case be
detrimental to the health, safety, peace, morals,
comfort and general welfare of persons residing
and working in the neighborhood or be detrimental
or injurious to property or improvements in the
neighborhood or the general welfare of the City.
CONDITIONS:
1. That any new signs shall meet the provisions of
the North Ford Planned Community Development
Standards.
2. That the proposed nighttime operation of the
school facility shall be scheduled so as not to
conflict with the existing uses on the site.
3. That the subject school facility shall not be open
for classes prior to 5:00 p.m. daily.
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Request to permit the construction
of a four (4)
unit
Item
residential condominium development
and related garage
facilities in the R -3 District.
The proposal
also
includes a request to allow. a
portion of
the
development to exceed the 24 foot basic height on.
the
front one -half of the lot located
in the 24/28
Foot.
USE'
Height Limitation District, and the acceptance of an
NO.
Environmental Document.
AND I AND
Request to resubdivide .445 acres of land into a single
parcel of land for residential condominium purposes. I Iterr
LOCATION: A portion of Block D of Corona del Mar,
located at 311 Carnation Avenue, on the
northwesterly side of Carnation Avenue,
northeasterly of Seaview Avenue, in
Corona del Mar.
ZONE: R -3
APPLICANT: Gary E. Malazian, Newport Beach
OWNER: _ Violet C. Ross, Corona del Mar.
ENGINEER: Ron Miedema, Costa Mesa
Agenda Items No. 8 and 9 were heard concurrently due to
their relationship.
The public hearing opened in connection with these
items and Mr. Gary Malazian, the applicant, appeared
before the Commission and requested approval of the
proposed use permit and resubdivision. Mr. Malazian
submitted a model of the proposed four unit residential
condominium development.
In response to a question posed by Commissioner
Winburn, Mr. Malazian stated that the roofing material
to be utilized on the project will either be tile or
copper.
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July 22, 1982
of Newport Beach
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In response to a question posed by Commissioner Goff,
Mr. Malazian indicated on the model, the portion of the
roof which will be over the height limit. Mr. Malazian
stated that this only amounts to one percent of the
roof area of the entire project which will be over. the
height limit, due to the slope of the property.
Mr. Harvey Pease, resident of 314 Carnation Avenue,
appeared before the Commission and stated that he is
opposed to the proposed increase in height because it
will interfere with his view of the water. Mr. Pease
expressed his concern that adequate guest parking has
not been provided for in this proposal. He also
expressed his concern with the dedication of the cross
easement on Carnation Avenue. He stated that the
application should also make a provision for the
off - street requirement for trash pick -up.
. In response to a question posed by Chairman King, Mr.
Burnham, Assistant City Attorney, stated that the cross
easements extend to the mid -line of the abandoned
street and do not extend in front of Mr. Pease's
property.
Mr. Don Webb, City Engineer, referred to Condition of
Approval No. 6 of Resubdivision No. 729, and explained
that in order to remain consistent with past
developments, the irrevocable offer to dedicate that
portion of the abandoned Carnation Avenue. located on
the subject property, is being recommended.
Mr. Burnham stated that the irrevocable offer to
dedicate, facilitates the access of fire equipment and
emergency vehicles to surrounding properties.
Mr. Pease stated that without adequate off -site and
guest parking spaces being provided by this proposal,
fire and emergency vehicle access will remain a
concern.
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In response to a question posed by Commissioner Goff,
Mr. Malazian indicated on the model, the portion of the
roof which will be over the height limit. Mr. Malazian
stated that this only amounts to one percent of the
roof area of the entire project which will be over. the
height limit, due to the slope of the property.
Mr. Harvey Pease, resident of 314 Carnation Avenue,
appeared before the Commission and stated that he is
opposed to the proposed increase in height because it
will interfere with his view of the water. Mr. Pease
expressed his concern that adequate guest parking has
not been provided for in this proposal. He also
expressed his concern with the dedication of the cross
easement on Carnation Avenue. He stated that the
application should also make a provision for the
off - street requirement for trash pick -up.
. In response to a question posed by Chairman King, Mr.
Burnham, Assistant City Attorney, stated that the cross
easements extend to the mid -line of the abandoned
street and do not extend in front of Mr. Pease's
property.
Mr. Don Webb, City Engineer, referred to Condition of
Approval No. 6 of Resubdivision No. 729, and explained
that in order to remain consistent with past
developments, the irrevocable offer to dedicate that
portion of the abandoned Carnation Avenue. located on
the subject property, is being recommended.
Mr. Burnham stated that the irrevocable offer to
dedicate, facilitates the access of fire equipment and
emergency vehicles to surrounding properties.
Mr. Pease stated that without adequate off -site and
guest parking spaces being provided by this proposal,
fire and emergency vehicle access will remain a
concern.
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Commissioner Allen expressed her concern with view
blockage to adjacent properties. Mr. William Laycock,
Current Planning Administrator, stated that a rear
portion of the project which is downhill, exceeds the
height limitation. He stated that the front portion of
the building may obstruct views, but the proposed .
development meets the height 'requirements in this area.
Commissioner Allen stated that it is possible that the
property could be developed within the height limit
which would still block as many views from adjacent
properties and provide less parking.
Motion I JX11111 Motion was made for approval of Use Permit No. 2089,
All 'Ayes X X X X * X subject to the following findings and conditions, which
MOTION CARRIED:
FINDINGS:
• 1. That each of the proposed units has been designed
as a condominium with separate and individual
utility connections.
2. The project complies with all applicable
standards, plans and zoning requirements for new
buildings applicable to the district in which the
proposed project is located at the time of
approval, except for a portion of a roof that
exceeds the basic height limit.
3. The project lot size conforms to the Zoning Code
area requirements in effect at the time of
approval.
I I I 4. The project is consistent with the adopted goals
and policies of the General Plan and the adopted
Local Coastal Program, Land Use Plan.
5. That adequate on -site parking spaces are proposed
in conjunction with the residential condominium
development.
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6. The increased building height over unit No. 4 will
result in more public visual open space and views
than is required by the basic height limit
inasmuch as there is a greater amount of open
space on the site adjacent to the property lines
than is required.
7. The increased building height will result in a
more desirable architectural treatment of the
building and a stronger and more appealing visual
character of the area than is required by the
basic height limit.
8. The increased building height will not result in
undesirable or abrupt scale relationships being
created between the structure and existing
developments or public spaces.
.9. The structure will have no more floor area than
I I could have been achieved without the use permit
• for the building height.
10. The approval of Use Permit No. 2089 will not,
under the circumstances of this case, be
detrimental to the health, safety,peace,
morals,comfort and general welfare of persons
residing and working in the neighborhood or be
detrimental or injurious to property and
improvements in the neighborhood or the general
welfare of the City.
1. That development shall be in substantial
conformance with the approved plot plan, floor
plans and elevations except as may be noted below.
2. That two garage spaces shall be provided for each
dwelling unit.
3. That the proposed residential development shall
meet the provision of Section 20.11.020,B., of the
Newport Beach Municipal Code as to permitted
building heights in the R -3 District in Corona del
Mar except for a portion of the roof for unit no.
•
I I I I I 4 (top unit) , as shown on submitted plans, which
exceeds the 24 foot basic height limit on the
front one -half of the lot.
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4. That the applicant shall provide verification
during the course of construction that the
proposed development fully complies with the
provisions of condition No. 3 above. Required
verification shall be prepared and certified by a
licensed land surveyor or civil engineer prior to
final inspection of rough framing.
5. Should any resources be uncovered during
construction, a qualified archaeologist or
paleontologist shall evaluate the site prior to
completion of construction activities, and in
accordance with City Policies K -6 and K -7.
6. Final design of the project shall provide for the
incorporation of water - saving devices for project
lavatories and other water -using facilities.
7. A landscape and irrigation plan for the project
shall be prepared by a licensed landscape
• architect.
8. A landscape plan shall be subject to the review of
the Parks, Beaches, and Recreation Department and
approval of the Planning Department.
9. The landscape plan shall include a maintenance
program which controls the use of fertilizers and
pesticides.
10. The landscape plan shall place heavy emphasis on
the use of drought- resistant native vegetation and
be irrigated via a system designed to avoid
surface runoff and over - watering.
11. That a grading plan if required, shall include a
complete plan for temporary and permanent drainage
facilities, to minimize any potential impacts from
silt, debris, and other water pollutants.
12. The grading permit shall include, if required, a
description of haul routes, access points to the
site and a watering and sweeping program designed
to minimize impact of haul operations.
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13. An erosion and dust control plan, if required,
shall be submitted and be subject to the approval
of the Building Department.
14. That an erosion and siltation control plan, if
required, be approved by the California Regional
Water Quality Control Board - Santa Ana Region,
and the plan be submitted to said Board ten days
prior to any construction activities.
15. The project shall be so designed to eliminate
light and glare spillage on adjacent residential
uses.
16. That prior to the occupancy of any units a
qualified acoustical engineer shall demonstrate
to the satisfaction of the City that the roadway
noise impact on the project does not exceed 65 dba
CNEL for outside living areas and the requirements
of the law for interior spaces.
• 17. That all conditions of the Resubdivision No. 729
shall be fulfilled.
18. That the proposed development shall be Type V, one
hour construction, and in addition, shall provide
built -in fire protection (sprinklered) , or other
provisions as may be accepted by the Fire
Department.
Motion JJJX Motion was made for approval of Resubdivision No. 729,
All Ayes X X X X * X subject to the following findings and conditions, which
MOTION CARRIED:
FINDINGS:
1. That the map meets the requirements of Title 19 of
the Newport Beach Municipal Code, all ordinances
of the City, all applicable general or specific
plans, and the Planning Commission is satisfied
with the plan of subdivision.
t I I I I I I I 2. That the proposed subdivision presents no problems
• from a planning standpoint.
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CONDITIONS:
1. That a parcel map be filed.
2. That all improvements be constructed as required
by ordinance and the Public Works Department.
3. That each unit shall have separate water services
and sewer connections, unless otherwise approved
by the Public Works Department.
4. That curb,gutter, sidewalk and pavement be
constructed along the abandoned Carnation Avenue
frontage, and that the curb location and grades be
approved by the Public Works Department.
5. That a standard subdivision agreement and
accompanying surety be provided to guarantee
satisfactory completion of the street
improvements, if it is desired to obtain a
building permit or record the tract map prior to
• I ( I III I I
completion of the street improvements.
6. That the owner tender an irrevocable offer of
dedication for that portion of the abandoned
Carnation Avenue located on the subject property.
(Note: It is the intent of the Planning Commission
that said offer shall be exercised at such time as
dedications can be obtained from property owners
of other abutting properties within the abandoned
portion of Carnation Avenue).
x * x
ADDITIONAL
ADDITIONAL BUSINESS BB SINESS
Housing Element Implementation
Chairman King suggested that the the Planning
Commission Study Session for August 5, 1982, be
cancelled, in order for the Housing Element
Implementation Task Force to obtain further
information.
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Discussion Items for the Joint
Council -
1) Discussion regarding people appearing before the
City Council, and not first appearing before. the
Planning Commission, so that the Commission is
able to review all applicable comments when
analyzing the merits of the project.
2) Discussion in conjunction with the creation of a
revolving committee of the City Council and
Planning Commission members, to meet on a regular
or irregular basis, to discuss policy issues and
revisions to the zoning Ordinance (but not
development- oriented projects).
3) Discussion regarding the desires and concerns of
the City Council as to what the Planning
Commission should concentrate its efforts for the
following year.
Excused Absence
Motion X Motion was made for an excused absence for Commissioner
All Ayes X X X X X * X Allen from the Planning Commission Meeting of August 5,
1982, which MOTION CARRIED.
t x t
There being no further business, the Planning
Commission adjourned at 8:50 p.m.
•
Dave Goff, Secretary
City of Newport Beach
Planning Commission
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