HomeMy WebLinkAbout02/16/1956MINUTES, PLANNING COMMISSION MEETING, Febr. 16th 1956.
7:30 P.M CITY HALL COUNCIL Chamber.
ROLL CALL: Briggs,Smith, Rudd, Reed, Longmoor,CopBX.nAeene,
Hayton ...
Commissioner Absent: Lind.
Minutes of the meeting of January 19th, 1956. Approved MINUTES
on motion of Comm. Copelih, seconded by Comm. Hayton, and
carried.
E
1. SMITH , L. J., B�.boa Blvd., & 1F1 St., Newport Beach. VARIANC
2.. Lot #3, Sec. #2, The Eastside addition to Balbog Tr. -R3 #2=69
4, The applicant requests a 51 FRONT (ocean) set -back.
5. If relief is not offered the remaining square footage for
construction would not be adequate.
6. No opposition was present, however the Commission felt
this matter should be referred to the City Engineer for
further study in regards to the entV problems Of the
parcel* park3hg: ' . The Commission desires a less densely
constructed areas in addition.(possibly R -1).
`D. A newly proposed housing development was found to be
planned,contiguous with this land, on another parcel and
by another owner. It was felt that the block would not
satisfactorily accommodate 1R -31 development as now
planned.
g. Commissioner Copelin moved the Commission CONTINUE this
application to the next regular meeting, seconded by
CoW. Smith, and carried by the following roll call vote,
to wit:
ALL AYES...
1• RILEY, Roy E., 1710 Park Ave., Balboa Island. #2;70
2. Lot -East 601 of 10, 11, 12, -Blk 5, Sec. 5, Balboa Island
Tract, R -a Zone.
4.. A second story above a structure.,;,ow in violation of
the building code (UBC- 1949.) of the City of Newport
Beach. Mr. Riley is in addition, requesting the priv
elege of satisfying 'off- street) parking requirements
by supplying an area (71 X 141).
page -1-
(Cont'd) VARIANCE'S
• #270
5`Mr: Riley requires an'Additional bedroom.
6. The Commission expressed favor in improving this bad-
ly non - conforming situation,in the best manner possible.
7. The Committee assigned repotted a need for the relief
of the present conditions.
8. Commissioner Keene moved the Commission recommend the
GRANTING OF THIS VARIANCE, seconded by Comm. Briggs, and
carried by the following roll call vote, to wit: ALL AYES.
1. GIBSON, N., 126 AMETHYST AVE., BALBOA ISLAND. #271
2. Lot 17, Blk 21, Sec. 2, Tr- Balboa Island, Zone R -2.
;t. A 2J' rear encroachment into a required 5' set -back
(On the second floor only).
• 5. Insufficient square footage for needed d. ^rl'g aria.
6. APPLICANT WAS NOT PRESENT; no opposition.
7. Commission stated applicant or representative most
be present or hearing would be waived.
8. Comm. Copelin moved the Commission +set -over' applic.
#271, until the next regular meeting, seconded by Comm.
Reed, and carried by the following roll call vote, to
wit: ALL AYES.
1. MACCO, & Roberts M., 1125 Dolphin Terr., CDM, ifw
2. Lot 2,, Tract 1700, gone R -1.
4. A detached garage on the front z of above desc. bldg, sit
5. This design is in keeping with past variances permitted.
6. There was no opposition present.
7. The Commission concurred with the applicant's information.
• 8. Comm. Reed moved the Commission recommend the GRANTING
of this application, seconded by Comr,. Hayton and
carried by the following roll call a+ `"to wit-ALL AYES
page -2-
• cont'd VARIANCES
1. MACCO, Corp., 712,Santana Dr., CDM. #273
2. Lot #82, Tract 1700, Zone R -1.
4. A detached garage on the front A of the above des-
cribed building site.
5. The design is in keeping with past variances permitted.
6. No opposition present.
7. The Commission concurred with the applicant's information.
8. Comm. Reed moved the Commission recommend the GRANTING
of this application, seconded by Comm. Hayton and
carried by the following roll call vote, to wit: ALL AYES.
1. HEALY, E. T., 113 -15th, St. Newport Bch., Bal.Pei274
2. Lot 27, 28, Blk 15, Sec. 15 - -- ZONE C -1 ...
• 4. An 18" side yard, in place of a required 4' set -back.
The property at present is non - conforming in regards
to the area between buildings, and no, of units.
(6 units on 5,000 sq. ft. of 'building site').
5. Mr. Healy requires an additional bed -room.
6. The Committee reported no hardship apparent.
7. A bad condition as to density of construction, was
found to exist,at this time. The Commission did not
wish to contribute to this poor condition by per-
mitting additional building, on the site.
8. Comm. Rudd moved,the Commission recommend the DENIAL
of this variance, seconded by Comm. Copelin, and
carried by the following roll call vote, to wit: AL.:. AYES.
AYES: Briggs, Smith, Rudd, Reed, Longmoor, Copelin, Hayton.
NAYES: Keene.
1. LERNER, R., 323 Lido Soud, Lido Isle. NB #2,75
2. Lot 910, 109. Tract 907, Sec. - Lido Isle.
. A full encroachment of 10' for a permanent awning
• design, within a required front yard (bay) set -back
of 101.
page -3-
cont'd - VARIANCES
• 5. The hardship concerns glass breakage, the #275
ruining of furnishings by rain, and stun.
6. There was considerable opposition from individual
commission memhers for the blanket disregard or waiver
of front yard set -backs for this type of awning installation.
7; Self supporting awnings, approximately 5' into the set-
back, and 616" in height, it was stated, would guite
possibly satisfy the problem.
8. Comm. Briggs moved the Commission qppoint a Committee
for the purpose of studying this problem, and CONTINUE
e: the application for approximately 90 days, seconded
by Comm. Hayton and carried by the following roll call
vote, to wit: ALL AYES.
1. DAVIS, K. L., 704 So. Bay Front, Balboa Island. #2.76
2. Lot #3, Blk #2, Sec. #2 Balboa Tract. ZONE R -2..
4. An 18" encroachment into a required 30" rear set -back.
5. To supply additional 'off - street' parking, and enlarge
• the present garage to accommodate late model cars;
6. No opposition was present.
7. It was found that the new line established would con-
form to neighbor's building lines.
8. Comm. Reed moved the Commission recommend the GRANTING
of this application, seconded by Comm. Briggs, and
carried by the following roll call vote, to wit:
ALL AYES.
1. BRISCOE, H. C., 320 Diamond Ave., Balboa Island. #277
2. Lot 11, Blk 14, Sec. 3, Tract- Balboa Island.
4. A 216" encroachment into a required 5' rear yard
set -back, on the second floor only.
5. Insufficient area for dwelling needs.
6. Applicant was not present.
• 7. The Commission feels a definite need exists, for
the applicant or his representative's presence at
the hearing. page -4-
page 4 -a (cont'd) VARIANCES:
• 1. PICKERING, G. C., 338 Holmnood Ave., Newport Heights. #278
2. Lot #15, Tract #1136.
4. A 10' Front yard set -back in place of a required 2DI set -back.
5. Deed restrictions (101) conflict with Newport Beach's
district 'zoning map (201).
6. There was no opposition present.
7. The Commission concurred with the.appliem is infor-
mation.
S. Comm. Copelin moved the Commission recommend the
GRANTING of this application, seconded by Comm.
Smith azd carried by the following roll call vote,
to wit: ALL AYES.
•
page -4a-
■
(conttd) VARIANCES
•
B. Comm. Keene moved the Commission recommend the
CONTINUANCEof Application #2.77, until the next
regular meeting, seconded by Comm. Reed and carried
by the following roll call vote, to wit: ALL AYES.
RE- SUBDIVISIONS:
1. SMITH, L. J., Eastside add., Balboa Peninsula.
#29.
2. Lot #3, Sec. #2 ZONE - R -3.
a. The app. concerns the creation of 3 sites (451X1021).
5. Economically unwise to develop the area as one R -3 parcel.
6. A new proposal for a housing development was found to
be planned, contiguous with th is land, on an adjacent
parcel; by another owner. It was felt that the block
m uld not satisfactorily accommodate 1R -31 development
as now planned.
7. The Commission felt this matter should be referred
to the City Engineer for further study in regards to
the easement problems of the parcel and parking. In
• addition the Commission desires a less densely con-
structed area - -- possibly 'R -11.
8. Commissioner Copelin moved the Commission CONTINUE
the application until the next regular meeting,
seconded by Comm. Smith and carried by the follow-
ing roll call vote, to wit: ALL AYES.
1. SLING, D. S., 320 Seaward Rd., CDM (Shore Cliffs). #30
2. Lot 140, Tract 1116 ZONE - R -lB
4. Two triangular lots are proposed for this parcel.
5. It is stated, the lot is too large for one family
to use and care for.
6. Considerable opposition was evidenced from residents
of interest. Some residents were in favor of the subdiv.
7. The Commission found, the general tract restrictions
imposed upon this tract excepted four lots, namely
nu -hers 130 t^ 142 inclusive, frcr t':e condition that
• page -5
RE- SUBDIVISIONS
only one private single family residence might be sit-
uated upon each of the other 138 lots in said tract.
• The deed restrictions imposed upon this particular lot
by the subdivider have been recently amended to allow
two private one - family residences on said lot No. 140.
It is not the province of the city planning commission
to interpret deed or tract restrictions.
In this instance, we reviewed the recorded restrictions,
both general and specific, and as amended for the purpose
of determining in our own minds whether such restrictions
appeared to prohibit the re- subdivision as applied for.
In that event our time would be wasted.
Said restrictions, as amended, do not appear tous, to
prohibit the re- subdivision of said lot, substantially
as applied for, nor does the Municipal Codes; therefore
the application was processed.
Substantial, property rights and values are apparent, and
the commission does not interpret the intent of the Mun -.
icipal Codes as interference with such rights, unless
there is a conflict with the Codes, or with established
policies having to do with the general health, welfare,
and safety.
• The Committee recommends that the application be granted
upon the following conditions:
1. That the line dividing Lot #140 into two lots,
each a separate R1 -B building site, riW located by a
survey, a minimum of fifteen feet southeasterly from the
existing garage, in order to provide for a fifteen foot
rear yard for the northwesterly corner lot which fronts
upon Seaward Road.
2. That the southeasterly lbt.and building site
shall front upon Evening Canyon Road.
3. That the required yards for the said southeasterly
lot shall be established as follows:
Front Yard 20 feet.
Rear Yard 15 feet.
Side yards 4 feet.
It should be noted by the applicant or his successors
in interest, that the conditions imposed by recorded
deeds, as amended, appear to apply to each of the two
.new lots and building sites, and that where such deed
conditions are more restrictive than the Codes, due
notice should be taken of the recorded restrictions.
page -6-
RE- SUBDIVISION
(cont Id)
8. Comm. Briggs moved the Commission recommend the GRANTING
• of this application, seconded by Comm. Rudd, and carried
by the following roll call vote, to wit: ALL AYES.
#31
1. JACTON Corp., Canal Section, Newport Beach.
2, Portion of Lot #8, Blk #145, Canal Section. Zone R -2.
4. Two lots are proposed for this parcel.
5. The lot as now defined, contains 8800 sq. ft. The
applicant feels it would be economically unsound to
develop the property as one building site.
6. There was no opposition present.
7. The Commission concurred with the applicant's info.
8. Comm. Copelin moved the Commission recommend the
GRANTING of this application, seconded by Comm. Rudd,
and carried by the following roll call vote, to wit:
ALL AYES.
•
• page -7-
At'-ENDHENTS
• #17Resolution #597
1. PLANNING COMMISSION, City of Newport Bch.
2. To amend Ord. #650.... concerning Sub - Divisions. (2nd HEARING)
4. The amendment to Ord. #650, shall read:
Section 9255.24 - -- Sidewalks. Sidewalks shall be in-
stalled to grades, location, widths, and cross;
sections approved by the City Engineer.
Section 9255.28 - -- Street bighting. Underground
lighting system with ornamental light standards
shall be installed, and the design, layout, and
location shall be approved by the City Engineer.
ADD.
Section 92.55.28.1 - -- Underground Utilities. Under-
ground telephone and utility systems may be re-
quired by the Planning Commission, and the de-
sign, layout, and location, shall be approved
by the City Engineer.
5. The amended ordinance shall more adequately sat-
isfy current needs.
• 6. The Planning Commission concurred with the Ordin-
ance as drafted.
7. No changes were suggested.
S. Comm. Copelin moved the Commission recomnetXd the
ADOPTION of Planning Commission amendment #f17,
seconded by Comm. Reed, and carried by the follow-
ing roll call vote, to wit: ALL AYES. ...
#18
1. Newport Beach CITY COUNCIL, Nwprt Bch. Resolution #4415
a. Lots 11, 12, 13, 14, 15, & 16 -- Blk 117, Sec. 'BT
Nwprt Bch Tract,
3. 2nd HEARING.
4. There is a current need to broaden the usage of
this land. To Re -Zone area from R -3 to R -4
5. To more adequately serve the people of Newport Beach.
• 6. No opposition was present.
page -8-
AMENDMENTS (Cont'd)
• 7. For the best interests of the City of Newport Beach.
8. Comm. Copelin moved the Commission recommend the
ADOPTION of this amendment, seconded by Comm. Reed,
and carried by the following roll call vote, to wit:
ALL AYES ...
1. STURTEVANT, Austin D., Irvine's subdivision. #19
2. Portions of lots #164, 165, ... Blk #53. 'II' ZONE
3. 2nd HEARING.
4. The applicant requests a change of Zoning. (' ' to 'R -11).
modified to encompass 1R -1B' per latter -2/22 ra-
5. An establishment of 'Zoning' is desired,before
further expenses are incurred.
6. No opposition was present.
7. This re- zoning was found to be in the best in-
terest of the neighborhood.
8. Comm. Reed moved the Commission recommend the
• ADOPTION of amendment #19, seconded by Comm.
Briggs and carried by the following roll call vote,
to wit: ALL AYES ...
1. SMITH, E. Morrie, 3049 Coast Hwy., CDM. #20
2. Lots 4, & 5., Blk 'H', Tract 323...0 -1 ZONE.
3. 2nd HEARING.
4. Applicant requests a change of zoning from C -1 to C -1H
5. To create uniformity in Blks 'H' and 14367.
6. No opposition present.
7. The Commission concurred with the applicant's
information.
B. Comm. Smith moved the Commission recommend the
ADOPTION of ',amendment #20, seconded by Comm.
Rudd and carried by the following roll call vote,
to wit: ALL AYES ...
40 page -9-
hesolution #599 ...
• Chairman Longmoor advised the Commission, the City
HIRING is taking steps to acquire certain Pacific Electric
OF Properties, and in regards to the new 'master plan',
STREET - steps should now be taken to study 'the streets and
HIGHWAY highways' acquired, as well as other land uses involved
ENGINEER with the acquisition of such properties. It was further
agreed that the Commission should request employment of
a competent Planning Consultant to make such studies.
Comm. Keene moved the Commission recommend the City of
Newport Beach employ a 'street and highway engineering
consultant' for the described area mentioned in Reso-
lution #599, seconded by Comm. Hayton and carried by
the following roll call vote, to wit: ALL AYES .
(This request shall be forwarded to the City Council.)
page -10-
40
A proposed annexation of inhabited territory, to the
22nd St.
City of Newport Beach, was referred to the Planning
Tustin
Commission for recommendation.
Annexation.
The area is described as bounded on the southwest by
the northeast side of 2;2nd Street; on the northwest
by the southeast side of Tustin Avenue; on the north -
east by the southwest side of 23rd Street; and on the
southwest by the present City of Newport Beach's
•
boundry line. This in accord with the map attached
is the appi.itation.
Comm. Hayton moved the Commission recommend the accep-
tance of above mentioned sub - division, provided the
necessary City Engineering requirements were met,
seconded by Comm. Copelin, and carried by the follow-
ing roll call vote; to wit. ALL AYES ...
page -10-
40
IUSEI PERMITS ...
. 1. LIDO PENINSULA YACHT ANCHORAGE, 31st Street,
Newport Beach, P.O. Box 158 #213
2. Portion of Lot #2, Sec. #28, Lido Penin. Tract.
C- 2,Zone.
4. The request is for the privelege of constructing
private, garage type locker units for the storage
of marine equipment.
5. The new construction shall supply needed storage
facilities for boat owners.
6. Neither the applicant or a representative was
present.
7. Representation must be present to hold a public
hearing.
B. Comm. Keene moved that this application be SET -
OVER until the next regular meeting, . z seconded
by Comm. Cope7lin and carried by the following roll
call vote, to wit: ALL AYES ...
• 1. NIELSEN, David I. MD, 413 Holmwood Dr., Nwprt.Bch.#218
�J
2. Lots 32, 33, 34, Tract 1136, Zone R -1 ...
3. 2nd HEARING ...
4. The request is for parking in an R zone, on the
Nally 201 of lots 32, & 34.
5. Patients do not now have adequate parking facil-
ities.
6. No opposition was present.
7. Applicant inadvetently omitted the proper legal in
his last description, and two hearings were held.
8. Comm. Copelin moved the Commission recommend the
GRANTING of this application, seconded by Comm. Rudd
and carried by the following roll call vote, to wit:
ALL AYES ...
page -11-
(cont'd 'USE PERMITS'
1. EBELL Club of Newport Beach, 515 d. Balboa Bvd. #221
Newport Beach, Balboa Peninsula.
2. Lots 12, 13, Block 10, E. Newport Tract, R -3 Zone.
3. lst HEARING ...
4. The request is for a new bldg- seating capacity of
200 people.
5. Inadequate facilities available at present.
6. Mrs. Vedder, Sec. Treasurer of the Ebell Club,
advised the Commission as to the present 'fire
hazard' and mentioned a desire to'sell -off' 2
lots,for the financing of their planned project.
7. The Commission did not feel it could waive its
• responsibility of requiring 'off- street' parking
in areas such as the one,above described.
S. Comm. Smith moved the Commission recommend the
GRANTING of this application with the proviso
that LOTS 10 and 11 BE MAINTAINED BY THE EBELL
CLUB for the specific purpose of providing 'off -
street' parking, seconded by Comm. Reed'and
carried by the following roll call vote, to wit:
AYES:Hay ton, Reed,Longmomr, Briggs, Smith, Rudd
Copelin ...
NAYES: Keene .
ma
L
page -12-