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HomeMy WebLinkAbout01/21/195442 MINUTES OF THE PLANNING COMMISSION MEETING, THURSDAY, JANUARY 21, 1954 7:30 p. m. CITY HALL COUNCIL CHAMBERS, NEWPORT BEACH CALIFORNIA Chairman Longmoor called the regular meeting to order. - ' ROLL CALL Commissioners present: Longmoor, Rudd, Smith, Keene, Briggs, Copelin, Hayton, Lind Commissioners absents Reed J —U-3S The minutes of the meeting on December 17, 1953 were approved upon motion of Com. Rudd, seconded by Com. Smith, and carried. R F-7RR3D FRO!: A portion of Planning Commission Resolution #581, recommendation CITY COT, -'OIL #3 covering Lots 1 to 5 inclusive in Tract 1718 has been referred back to the Planning Commission by the City Council, as follows: Res. :$531 "The rezoning of these lots was referred back to your honorable Recor.?mendation body for further consideration as a result of a letter received `3 from Earl W. Stanley, the owner, stating that he wishes an opportunity, not previously given him, to present pertinent Earl W. Stanley information regarding the proposed zoning of the lots in question ". property Chairman Longmoor declared the hearing open. Earl W. Stanley was Lots 1 to 5, present and stated that the zoning of this property as R-4 was a Tract 1715 surprise to him, since he understood it was to be left in a "U" District. He had planned on using this property for neighborhood business, which would be an asset to the community. Any plans for this property would first be put hefore the people in Cliff Haven and then the Planning Commission before any business would be , established. Mr. Stanley wanted the property left in the "U" District. He further stated that he would not put any business on the property which the people would object to. FINDINGS: - Among those present in protest of zoning other than residential, and arose to address the assembly, were Mrs. Ronald Barlow, Mts. Stroller White, Mr. & Mrs. Simpson, Mrs. Sam Hill, Sidney Davidson, Edward T. Healy, Mr. McLaughlin, and Mr. Arthur Kramer. The people have expressed themselves both in the hearing of January 21, 1954 and in previous hearings as being in favor of having said property zoned in a residential district and said people are in strong opposition to any commercial use of the property and do not want it left in an Unclassified District. Mr. Stanley stated at the hearing that he would not.use the property against the wishes of the people. A study and investigation of the area by the Commission shows no real need for use of the property which cannot be handled in an Rr4 District. An R-4 District will allow Mr. Stanley to properly develop his property and it will be to the best interest of the people to zone said Lots 1 to 5 inclusive, in Tract 1718, in an R-4 District. Also, the Commission re- submits the original findings as submitted with Resolution #581, now located in your (City Council) files. Attached is a photostatic copy of a petition containing 69 names in protest of business zoning, as presented to the Orange County Planning Uommission prior to the annexation of property in question to the City of Newport Beach. The hearing was closed -upon motion of Com. Smith, seconded by Com. Rudd, and carried. Com. Lind moved that the application be granted, seconded by Com. Hayton, and carried by the following roll call vote, to -wit: ALL AYES Application of the Newport Bay Go. to construct and operate forty -eight USE FERi.TTS units with covered car ports and recreation for children in connection with -the Balboa Bay Club operation and on ground now being leased to 59122 them by the City. Said property is located and described as follows: NEWPORT BAY CO. Between the Coast Hwy. on the north and the U. S. Bulkhead line on the South having a bearing of S. 610 E. and between the Westerly boundary 48 UNITS of Bayshores Tract No. 1140 on the East and a line located a distance of BALBOA BAY 1574 feet more Westerly and parallel to said boundary of Tract #1140. CLUB rROPERTY The hearing was declared open. No one was present to protest, nor were any written protests received. GRANTED Chairman Longmoor asked the;Commission if it desired a five minute recess to consider the matter, which recess was declined by the Commission. ' The hearing was closed by motion of Com. Smith, seconded by Com. Lind, and carried.. I Com. Smith moved that a recommendation be made to the City Council, that Lots 1 to 5 inclusive , in Tract 1718, be zoned in an R_4 District, seconded by Com. Rudd, and carried by the following roll call vote, to -wit: ALL AYES Application of W. L. Bakkela to subdivide a parcel of ground 60' X 1181 into two building sites 301 X 1181 having a. frontage of 301 on Larkspur Avenue and each containing 3540 al. feet. Said parcel described as follows: � of Lot 7, all Lot 9, 2 Lot 11, Block 237, Corona del .Mar VARIANCES Tract. Said lots are to be created by dividing Lot 9 into two equal sections each 15 feet wide and 118 feet deep, and consisting of one ;1j`119 lot comprised of z of Lot 7 and 2 of Lot 9, adjacent to Lot 7, Block 237; and one lot comprised of J of Lot 9 adjacent to Lot 11, and -f' of W.L. Bakk3la Lot 11, Block 237, and all said lots and parts of lots located in the Corona del Mar Tract. Lot 7, Lot 9, The hearing was declared open. Mr. Bakkela was present to answer any & Lot 11 questions. There were no protests, in person or written. Block 237 GDM ' iract FINDINGS: - A petition consisting of 10 surrounding and adjacent property owners who are all in favor of requested subdivision was filed GRANTM with the application. The proposed subdivision is consistent with existing lots in the immediate area, and will allow the owner to construct four dwelling units, two on each lot whereas he can now construct only two units as the 601 X 1181 parcel is recognized as one building site in an R.2 District. Original recorded lots in the Corona del Mar Tract are 301 X 1181. The hearing was closed -upon motion of Com. Smith, seconded by Com. Rudd, and carried. Com. Lind moved that the application be granted, seconded by Com. Hayton, and carried by the following roll call vote, to -wit: ALL AYES Application of the Newport Bay Go. to construct and operate forty -eight USE FERi.TTS units with covered car ports and recreation for children in connection with -the Balboa Bay Club operation and on ground now being leased to 59122 them by the City. Said property is located and described as follows: NEWPORT BAY CO. Between the Coast Hwy. on the north and the U. S. Bulkhead line on the South having a bearing of S. 610 E. and between the Westerly boundary 48 UNITS of Bayshores Tract No. 1140 on the East and a line located a distance of BALBOA BAY 1574 feet more Westerly and parallel to said boundary of Tract #1140. CLUB rROPERTY The hearing was declared open. No one was present to protest, nor were any written protests received. GRANTED I FINDINGSs The addition of 48 dwelling units on the Balboa Bay Club property leased area will allow an increased use of the property by a greater number of people with a possible increase in revenue to the City from the Bay Club activity. A garage or covered carport will increase the dwellingg units to 116.. The ground area available for use totals 544,600 square feet, whereas only 116,000 square feet are needed to justify the 11,000 square feet per unit called for by the City Code in an R-4 district. The architecture offered is interesting and should enhance the property. The 48 units are a part of the Bay Club Master Plan for development prepared by Alfred T. Gilman, Architect. The hearing was closed upon motion of Cam. Copelin,.seconded by Com. Hayton, and carried. Com. Copelin moved that the application be granted in accordance with plans submitted and marked Exhibit "A "j motion seconded by Cam. Rudd and carried by the following roll call vote, tc -wits ALL AYES Use Permit Application of H. A. 8chuseler to use Lot 16, Block 732, Corona del Mar Tract which is located in an R..2 District and is adjacent to #123 Lot 1, Block L. Tract 323, for parking in connection with a proposed 12 unit motel to be located on said Lot 1, Block L, Tract 323, which H.A. Schussler is in a C-1 District* Lot 16, Bl.k. 732 The Chairman declared the hearing open. ' CUM Tract FINDINGSs The use of an.Rr2 District lot 163, Block 732 for parking in connection with C-1 Lot 19 Block L. would cause it to become part DENIED of a commercial enterprise wherein the collection of money for use of a motel unit would also apply as a collection for use of the garage area for the car. Garages or covered carports are required on residential lots. Should said Lot 16 be utilibet strictly for garages it would certainly be a commercial enterprise. The code would thus be violated under Section 9105.1 paragraph (d) and (e), and Section 9103.21. A variance from any of these said sections of the Code would establish a precedent in the Corona del Mar area, wherein . farther similar situations would be hard to control and such variance would not be in the best interest of the community. The hearing was closed by motion of Can. Lind seconded by Cox. Smith, and carried. Gom. Lind moved that the application be DENIED, seconded by Com. Smith, and carried by the following roll call vote, to -wits ALL AYES Use Permit Application of Edith Willard Ahrens for a Use Per-nit to consttoot two .dwelling units on an R-2 lot in an Unclassified Zone with provision #126 to allow a projection of a garage into the 10 ft* rear yard setback Edith W. Ahrens a distance of 5 feet, on Lot 7, Block A. Tract 1219. The Chairman declared the hearing open. Lot 7, Block A Tr. 1219 n 7J 45 FINDINGS: Said Lot 7, Block A. Tr. 1219-is in &.proposed 1.-2 District, and adjacent properties have two dwelling units allready existing. The 5 foot rear yard setback has been allowed in this area prior to its annexation to the City and has been allowed on Lot 10, Block A, Tr. 1219 by this Commission. A variance for the setback cannot be granted due to the property being in a "U" Zone. Therefore, the setback is regulated with and by the Use Permit. The hearing was closed tr motion of Com. Copelin, seconded by Com. Lind, and carried. Come. Copelin moved that the application be granted , seconded by Cca. Lind, and carried by the following roll can vote, to -wits ALL AYES Presentation of tentative Subdivision Map of Tract #2094 by the Tentative Irvine Co. for public hearing as required by Section 9252.11 of Subdivision Map Ordinance #650 of the City of Newport Beach. The Chairman declared of the.hearing open. Tract #2094 FINDINGS: A study by the Qcmmission Sound the Tentative Map to be in order. Development of.said property.by subdivision and the resulting improvements would a113w a better use of the property, than is at present possible. It is quite possible that a dangerous traffic eonditiom existing at a curve on Bayside Drive will be corrected. City Engineer, J. B. Webb, approved the Tentative Map and recommended that it be adopted. There were no protests. The hearing was closed by motion of Com. Briggs, seconded by Cos. Smith, aad carried. Com. Briggs moved that the tentative map be a42ptsA, seconded by Gm. Smith, and carried by the following roll call vote, to -wits [.W3 Irvine Co. %* ' -09� Upon motion of Com. Briggs, seconded by Com. Bayton, and carried, the Res. of Int. Planning omission adopted RssolutLon of Intention #582 to amend the #582 Zoning Ordinance, Sections 9103.61, 9103962, and 9103.72 as follows: SECTION 9103.61: - delete the words "Gasoline Storage" SECTION 9103.62 - ADD: (D) "Storage of Flamable Liquids" Subject to applicant for Use Permit first securing a certificate of approval from the City Fire Department. SECTION 9103.72 - ADDs (d) "Storage of Flamable Liquids" Subject to applicant for Use Permit first securing a certificate of approval from the City Fire Department. Public hearings were set for the 18th of February, and the 18th of March, 1954. M Upon motion of Come Hayton, seconded by Come Smith, and car- ried, the following letter was addressed to the Board. of Freeholders: ' LETTER TO BOARD OF January 25, 1954 SMOLDERS J. Leslie Steffenson, Chairman Board of Freeholders Dear Sirs In response to a telephone call fromMr. Calderheed,• member of the Board of Freeholders, the Planning Commission wishes to inform is follower The Planning Commission does not see any objections to setting a definite date such as December lot, which you suggested, for appointments to vacancies during that year. Yours very truly, PLANNING COMESSION CITY OF NEWPORT BEACH Letter to Upon motion of Coma. Briggs, seconded by Cam. Copelin, and carried, City Council the following letter was sent to the Gity Councilr reo amending rear yard set- January 259:1954 backs in 6orona High- Honorable City Council lands City of Newport Beach, Calif. Gentlemen: In reference to your recommendation from your meeting of November 23, 1953, to the effect that the Planning Commission amend the zoning law to remove rear yard setbacks in a portion of Corona Highlands, wish to report as follows: 1. There are approximately 7 vacant lots that would be involved in removal of the rear yard setback requirements. They are in the R-1 district. 2. It is the opinion of the Commission that it is not legally possible to amend the Zoning Law to benefit only these lots without effecting all the R-1 lots throughout the City. The present rear yard setback requirement in residential zones has been-in effect for many years and it would not be fair to improved property to make a change at this point. 3. The Commission is of the opinion that the problem of the late In Corona Highlands could be handled adequately by means of a variance. The Commission cannot initiate a variance procedure, therefore, It is suggested that the property owners involved either jointly or Individually apply for a variance to reduce the requirements of rear yard setbacks on the lots involved. Sinaaraly yours, PLANNING CONCESSION CITY OF NEWPORT EEACH As there was no further meeting was adjourned u1 seconded by Come Rudd, i business to come on motion of Come nd carried* before they Commission, R y of. Copelin, the Secretary