The URL can be used to link to this page

Home My WebLink About02/20/1958MINUTES, REGULAR PLANNING COMMISSION MEETING CITY HALL COUNCIL CHAMBERS NEWPORT BEACH CALIFORNIA February 20, 1958 8:00 P.M. ROLL CALL Commissioners Present: Longmoor, Lind, Smith, Rudd, Hayton, Copelin, Keene, Sturtevant and Clemence Commissioners Absent: None Minutes of the Regular Meeting on January 16, 1958, were approved as recorded on motion of Commissioner Copelin, seconded by Commissioner Rudd, and carried. 1. KELSO, Harry M. & DOUGLAS, Edmund P. VARIANCES 41440 2. A portion of Sections 28 and 43, T -6 S., R- 10 -W., S.B.B.M. Zone C -2 3. Posted February 11, 1958 Published February 12, 1958 i4. Encroachment of 13' into a.required front yard setback of 20'; 10' encroach- ment into a.required rear yard setback of 10'; and a 4' encroachment into both side yard setbacks of 4'. 5. The adjoining building has no setbacks on private road. Setback on Bay is about 10' on adjoining property. View is so important that 'any future adjoining commercial development not requiring setbacks would tremendously handicap this development. Accessory garage building and cabana should be allowed the zero side yard as they comply in fire resistance with that of a commercial structure. No required lighting or openings are involved in the Accessory structures. Precedence on the acceptance of C -2 setbacks has been firmly established in many other apartment projects fronting on Bay. 6. DISCUSSION: A discussion was held with the applicant regarding the widening of 31st Street and a Master Plan by the owner for.this entire area. It was agreed that prior to a decision by the Commission, a Committee should be appointed to, meet with the owner of the property and a report made at the next meeting of the Commission regarding the matters referred to herein... 7. On motion of Commissioner Lind, seconded by Comm. Keene and carried, Variance Application X1440 was set over until the next meeting of the Planning Commission. .Commissioner Longmoor appointed Commissioners Lind and Keene to serve with J. B..Webb, City Engineer, and J. W. Drawdy, Planning Assistant, as a committee to study the application and to make a recommendation at the next meeting of the Planning Commission. -2- . VARIANCES • 1. .MA000 CORP. 2. Lots 37, 44, 88, 108 1910 Tahuna Terrace #441 1815 Tahuna Terrace #442 2000 Kewamee Drive #446 439 Avocado Avenue Tract 2813 Zone R -1 3. .Posted February 11, 1958 Published February 12, 1958 4. Detached garages on front half of .lots. 5. Applicant wishes to maintain architectural design adopted by the subdivider. 6. DISCUSSION: Note findings 7. .FINDINGS: The Commission determined that this request for detached garage on the front half of certain lots in Tract 2813 is in keeping with the architectural design adopted by the subdivider and recommended approval. 8. On motion of Commissioner Smith, seconded by Comm. Rudd, Variance Applications #441, #442 and #446 were APPROVED by the following roll call vote,.to wit: ALL AYES 1. LATHROP, Glenn H. 2. Lot 14 3. Posted February 11, 1958 465 Seaward Rd., CdM Tract 1237 Published February 12, 1958 4. An encroachment of 16' into a required rear yard setback of 22'. 5. Additional parking spaces needed. 6. DISCUSSION: Note findings #443 Zone R -2 -B 7. FINDINGS: The Commission upon investigation of this property found that the lot is located on two streets and because of the size and shape presents a problem for determining side and rear yard setbacks. It was determined that the location of the garage within 6' of the rear yard would not obstruct the view of any persons in the neighborhood and would not be detrimental to persons residing or working in the neighborhood. 8. On motion of Commissioner Sturtevant, seconded by Comm. Hayton; ;Variance Application #443 was APPROVED by the following roll call vote, to wit: ALL AYES L • 0 -3- VARIANCES #444 1. MASON, H. A. 205 Ruby Ave., Balboa Island 2. Lot 3 Block 11 Section 2 B. I. Tract Zone R -2 3. Posted February 11, 1958 Published February 12, 1958 4. A 2' encroachment into a required 3' side yard setback in order to permit construction of a dwelling unit over garage which is now within 1' of the side line. 5. With a variance it would be necessary to demolish two usable walls and a portion of existing slab at considerable expense. 6. DISCUSSION: Presented to the Commission was a petition signed by persons in the neighborhood who objected to the establishment of a dwelling over the existing garage as it would seriously increase fire hazards. 7. FINDINGS: The Commission advised the applicant that the zoning code specifically sets forth that a detached accessory building may be located within 1' of a side line, however, if a dwelling is constructed over the accessory building, the side yard setbacks as required by the Ordinance must be adhered to. The Commission, after a review of the evidence on file determined that the variance request if approved would be detrimental to the general welfare of persons residing or working in the neighborhood and recommended denial. 8. On motion of Commissioner Lind, seconded by Comm. Keene, Variance Application #444 was DENIED by the following roll call vote, to wit: ALL AYES 1. McCARTHY, Jack 2. Westerly 28' of Lots 3,4,5 3. Posted February 11, 1958 704 W. Ocean Front Block 8 East Newport Published February 12, 1958 #445 Zone R -1 4. An encroachment of 7' into a required 10' rear yard setback for the construction of a garage and laundry room. 5. Necessity of providing for garage and laundry room. 6. DISCUSSION: Note findings 7. FINDINGS: This application was before the Commission at the last regular meeting but was denied for the reason that the applicant had not shown any plans for providing a garage. This new application, in addition to a laundry room, provides a garage and the encroach- ment into the rear yard was determined, by the Commission, as not being detrimental to the property rights of other persons residing in the neighborhood. B. On motion of Commissioner Copelin, seconded by Comm. Rudd, Variance Application #445 was APPROVED by the following roll call vote: ALL AYES • -4- VARIANCES #447 1. McALLISTER, David C. 1100 Highland Drive, N. B. 2. Lot.85 Tract 3031 Zone R -1 -B 3. Posted February 11, 1958 Published February 12, 1958 4. An encroachment of 7' into a required 22' rear yard setback. 5. This being a corner lot, it would not be practical to have a greater rear yard. 6. DISCUSSION: Note findings 7. FINDINGS: Similar variances have been approved by the Commission in this area and in view of no protests being received, the Commission recommended approval. 8.. On.motion of Commissioner Smith,. seconded.by Com. Copelin, Variance Application was APPROVED by the following roll call vote, to wit: • AYES: Copelin; Keene, Longmoor, Smith, Clemente, Rudd, Lind, Hayton PASS: Sturtevant #448 1. SCHWAGER, Lester H. 4510 Balboa blvd., N. B. 2. Portion of Lot 8 Block 145 Canal Section Zone R -2 3. Posted February 11, 1958 Published February 12, 1958 4. Construction of a 6' fence within.the required 10' front yard setback. 5. A 10' fence setback reduces lot size to an extent as to leave very little yard available for use. 6. ,DISCUSSION: Note findings 7. FINDINGS: The Commission recommended denial of the request to permit a 6' fence within a required 10' front yard setback on the basis that a policy has previously been established by the Commission to' not permit variances of this type. 8. On motion of Commissioner Lind, seconded by Comm. Smith, Variance Application #448 was DENIED by the following roll call vote, to wit: ALL AYES • -5- • VARIANCES #449 1. ROBINSON, L., Homer 321 Montero Ave., Balboa 2. Lot 29 Block A A Newport Section Zone R -2 3.. Posted February 11, 1958 Published February 12, 1958 4. " A 5' encroachment into a required rear yard setback of 5' for the purpose of.constructing.a carport. 5.. If posts are setback 5' from alley .line, I can't get the car in off of the .alley. 6. DISCUSSION: Note findings 7. FINDINGS: A report from the Commission disclosed that practically all the dwellings in this block had encroached into the rear yard set- back with a structure of some type. It was felt that the variance to permit a carport would not be detrimental to other persons living,or working in the neighborhood and a recommendation of approval was made. 8.. On motion of Commissioner Lind, seconded by Comm. Smith, Variance Application • #449 was APPROVED by the following roll call vote, to wit: ALL AYES #450 L. THOMPSON, W. R. 1804 S. Bay Front, Balboa Island 2. Lots 3,4,5 Block Section 5 B. I. Tract Zone R -2 3. Posted February 11, 1958 Published February 12,..1958 4. An encroachment of 5' into a required 5' front yard setback for the purpose of constructing a view alcove. 5. Better design and visibility. b:.. DISCUSSION: Mrs. Edwina Guild, 1710 South Bay Front, and Mrs. Doris Bray who resides on Jade Street, addressed the Commission and protested the request for a zero setback for the reason that if approved, it would set a precedent and everyone else in the neighborhood would want to do the same thing. 7. FINDINGS: The Commission determined that the application as submitted did not show sufficient hardship and could not be considered under Section 9106.31 of the Municipal Code. 8. On motion of Commissioner Keene, seconded by Comm. Lind, Variance Application .#450 was DENIED by the following roll call vote, to wit: ALL AYES USE PERMITS • 16399 1. HAMMOND, R. K. 1411 North Bay Front, Balboa Island 2. Lots 21 and E kZ Lot 20 Block 4 Section 4 B.Z. Tract Zone R -2 3. The addition of a new unit to a non - conforming dwelling. Existing unit is within approximately 1" of the side property line. 4. DISCUSSION: Note findings 5. FINDINGS: Inasmuch as all additions to this non - conforming dwelling will comply with all requirements of� the zoning ordinance, the Commission felt that it should be approved. 6. On motion of Commissioner Lind, seconded by Comm. Keene, Use Permit Application #399 was APPROVED by the following roll call vote, to wit: ALL AYES 1. NEUMANN, R. 2. Lot 37 16400 730 Tustin, N. B. Newport Heights Tract Zone: Unclassified 3. Construction of a duplex in an unclassified zone on a lot 80' by 240'. Also to be constructed under this permit is a separate one -car garage. Duplex . will have a three -car garage. When completed lot will have two duplexes and one single family dwelling, and six garages, plus additional paved area for off - street parking. 4. DISCUSSION: Note findings 7. FINDINGS: Since this property is located in an unclassified zone, a use permit is required under Section 9103.8 of the Municipal Code. 8.. On motion of Commissioner Smith, seconded by Comm. Lind, Use Permit Application 16400 was APPROVED by the following roll call vote, to wit: ALL AYES 1. IRVINE CO, and SANTA ANA FOUNDRY SANDS Bayside Drive 16401 2. Portion of Lot 222 Block 51 Irvine Subdivision Zone: Unclass. 3. The extraction and screening of a moulding sand plant. 4. DISCUSSION: Note findings 5. FINDINGS: A use permit is required as this property is located in an unclassified zone. The Commission recommended approval, subject to the condition that the use of the property terminates upon • the expiration of the lease with the Irvine Co. which is revealed as being for a period of five years. 6- On motion of Commissioner Copelin, seconded by Comm. Rudd, Use Permit Application 16401 was APPROVED, subject to the above condition, by the following roll call vote, to wit: ALL AYES -7- USE PERMITS 41402 1. WESTCLIFF.CO. 1100 Westcliff Drive 2. Lot 4 Tract 3031 Zone R -1 -B 3. A temporary real estate office for one year. 4. .DISCUSSION: .Note findings 5. FINDINGS: Section 9105.1 of the Municipal Code permits a temporary tract or real estate office for sales in new subdivisions, subject to first securing a use permit. A recommendation of the approval of this application was made by the Commission. 6. On motion of Commissioner Smith, seconded by Comm. Copelin, Use Permit Application was APPROVED by the following roll call vote, to wit: ALL AYES 4403 1. KINSEY, Mr. & Mrs. Alex 305'E. Bay Front 2. Lot 33 Tract 742 Zone R -2 3. The enlargement of a kitchen and the dining room on a dwelling which is non- conforming due to a side yard violation. 4. DISCUSSION: Note findings 5. FINDINGS: The addition to this dwelling will conform to all requirements of the zoning ordinance, therefore, the Commission recommended approval. 6. On motion of Commissioner Keene, seconded by Comm. Rudd, Use Permit Application 4403 was APPROVED by the following roll call vote, to wit: ALL AYES 4k405 1. McCARTHY, Jack 704 W: Ocean Front 2. Lots 3, 4, 5, Westerly 28' Block 8 E. Newport Tract Zone R -1 3. The addition of.a garage and laundry room to an existing dwelling which is non- conforming due to a side yard setback violation. 4... DISCUSSION: Note findings 5. FINDINGS: Inasmuch as the new addition of a garage and laundry room will conform to all required setbacks, the Commission recommended approval., 6. On motion of Commissioner Rudd; seconded by Comm. Copelin, Use Permit Application #405 was APPROVED by the following roll call vote, to wit: ALL AYES -8- USE PERMITS I406 1. VAN AUSDALL, G. W. 2331 - 2nd Avenue 2. Lots 17 -19 -21 Block 429 C&I Tract Zone R -2 3. The addition of a 6''6" x 20' wash room to east side of existing detached garage. 4. DISCUSSION: Note findings 5. FINDINGS: The addition of the laundry room will conform to all requirements of the zoning ordinance, therefore, the Commission recommended approval. 6. On motion of Commissioner Hayton, seconded by Comm. Sturtevant, Use Permit Application 71406 was APPROVED by,the following roll call vote, to wit: ALL AYES #407 1. LEWIS, Arthur D. 125 - 43rd St., N. B. 2. Lot 18 Block 43 River Section Zone R -2 3. Addition to a dwelling which is non - conforming due to side and rear yard setbacks. New addition will be between existing house and garage. 4. DISCUSSION: Note findings 5. FINDINGS: The new additions to this non - conforming dwelling will conform to all setbacks as required by the zoning ordinance, therefore a recommendation of approval was made by the Commission. 6. On motion of Commissioner Rudd, seconded by Comm. Copelin, Use Permit Application #407 was APPROVED by the following roll call vote, to wit: ALL AYES #408 1. OVIATT, Jud 1403 East Bay Ave. 2. Lot 2 Block 23 East side addition to Balboa Zone R -1 3. Addition to bedroom and addition of toilet and shower. 4. DISCUSSION: Note findings 5. FINDINGS:. The Commission recommended approval of this application, subject to the condition that all new additions conform to the setbacks as required by the zoning ordinance. 6. On motion of Commissioner Lind, seconded by Comm. Smith, Use Permit Application was APPROVED, subject to the above condition, by the following roll call vote, to wit: ALL AYES ! R. USE PERMITS • #409 1. FARNEY, Wesley 117 Via Antibes 2. Lots 1090 and 1091 Tract 907 Zone R -3 3. Construction of a multiple building on two R -3 lots. 4. DISCUSSION: Note findings 5. FINDINGS: This is a renewal application.of a use permit previously approved by the Commission to permit six units on two R -3 lots with each unit having two garages. The use permit previously granted was revoked under Section 9106.41 of the Municipal Code. 6. On motion of Commissioner Copelin, seconded by Comm. Rudd, Use Permit Application 11409 was APPROVED by the following roll call vote, to wit: ALL AYES AMENDMENTS #45 "Third Hearing on Resolution of Intention #617 and Amendment #45 to amend Article IX (Zoning Regulations) of the Municipal Code of the City of Newport Beach. On motion of Commissioner Copelin, seconded by Comm. Hayton and carried, the third hearing on this amendment was set over until an adjourned meeting on February 25, 1958. #46 First Hearing on Planning Commission Resolution of Intention #619 and Amendment #46 to amend Sections 9250.4, 9251.4 and 9253.52 of Ordinance #650 (Subdivision Regulations). On motion of Commissioner Keene, seconded by Comm. Hayton and carried, Amendment #46 was set over for a second hearing on March 20, 1958. #47 1. KARSTENS, Robert H. and certain property owners Corona del Mar 2. Lots 1 thru 18 Blocks 131 and 132 Resubdivision of CdM Zone R -2 3. Posted February 7, 1958 Published February 10, 1958 First Hearing. 4. The petitioner desires to amend Section 9103.2 of Ordinance #635 so as to cause this property to fall within R -3 District. • 5. To increase,residential potential in the area; a need readily indicated by proposed rap id,developments both industrially and otherwise in this immediate area in the foreseeable future. -10- • #47 con`t 6. DISCUSSION: Speaking in protest of this petition to rezone Blocks 131 and 132 in Corona del Mar from a R -2 to R -3 District were: Mr. Dana Smith, attorney; Mrs. H. P. Cornelius, 2701 Seaview Road; Mrs. Robert Rea, 248 Poppy; Mr. Estelle, 212 Dahlia; . Frank Jordan, 431 Jahlia and others. The protestors stated, among other things, the following: 1. This area is very congested now and will add to existing traffic problems. 2. Lots are too small for multiple developments. 3. This is a follow up to the granting of the Robert's variance which in their opinion set a precedent. 7. On motion of Commissioner Hayton, seconded by Comm. Rudd and carried, Amendment #47 was set over until March 20, 1958, for a second hearing.. #48 1. BRADLEY CO., The 2, Tract 1396 Zone: Unclassified • 3. Posted February 10, 1958 Published February 10, 1958 4.' The petitioner desires to amend,Section 9103.8 of Ordinance #635 so as to cause this property to fall within a R -1 and R -4 District. 5.' Petitioner declares that property is to be for single family and multiple residential uses. 6. On motion of Commissioner Copelin, seconded by Comm. Lind and carried,. Amendment #48 was set over until March 20, 1958, for a second hearing. RESUBDIVISION #62 1. LIDDLE, L. E. and E., M:. 2400 - 23rd St., N. B. 2.. A.portion of Lot 104 Tract 300 Zone R -1 3. The applicant desires a resubdivision of the property so as to provide two lots. 4._ DISCUSSION: Mr. Fink, 2510 ='23rd St., addressed the Commission and stated that he opposed the resubdivision of this property as it will obstruct his.view toward the upper bay._ Mr. Fink was advised by Commissioner Longmoor that the proposed subdivision of this property met all the requirements of the subdivision • ordinance.for the City of Newport Beach and that.the Commission could not legally deny the request.. 5. On motion of Commissioner Rudd, seconded by Comm. Copelin and carried, Resubdivision 1162 was APPROVED.by the following roll call vote, to wit: ALL AYES 0 _11_ TENTATIVE MAP #3357 3358 Presented to the Planning Commission was a copy of a Tentative Map of Tracts 3357 and 3358 being subdivision of a portion of Block 95 of Irvine Subdivision. These proposed tracts are located east of Corona del Mar on the ocean front in an area which is now under annexation by the City of Newport Beach. Under the Subdivision Map Act for the State of California, a tentative map may be considered by the Planning Commission if an area is under annexation. The final map cannot be approved until annexation of the property under consider- ation to the City has been completed. These tracts consist of 63.5 acres and will contain 174 lots. The subdivider and developer is Sunny Homes, Inc., 620 Vance Street, Santa Ana. on;- motion of Commissioner Sturtevant, seconded by Comm. Lind and carried, Tentative Map of Tracts 3357 and 3358 was APPROVED subject to the following conditions: • 1. Subdivider must comply with recommendations as set forth in two communications from the Director of Public Works dated February 20, 1958. 2. Subdivider must comply with recommendations of the Parks, Beaches & Recreation Commission dated February 11, 1958, regarding tree planting. 3. The Commission suggested that the .subdivider discuss with the Irvine Co. the possibility of creating a public park as outlined in a memorandum from the City Manager, dated February 18, 1958, and as set forth in the recommendations of the Parks, Beaches & Recreation Commission's Report. ADDITIONAL BUSINESS 1. On motion of Commissioner Hayton, seconded by Comm. Rudd and carried, Resolution #620 was adopted by the Commission for the purpose of establishing, building setback lines on 32nd Street between Newport and Balboa Boulevards. Resolution #620 is hereby incorporated by reference and made a part hereof as though set forth in full.. . -12 ADDITIONAL BUSINESS 2. Presented to the Commission was a use permit signed by Mr. Harak Franco Italian Co. requesting a permit to establish a fish cannery on Lots 7 through 12, Block 324, Lancaster Addition and located at 2618 Lafayette Avenue. Commissioner Longmoor advised the Commission that under Section 9103.73 a fish cannery was a prohibited use, however, it would be necessary to make a determination whether on the evidence available, said use of property had been abandoned under Section 9105.7(e) of the Municipal Code. Read to the Commission were statements submitted by employees of the City who stated that since the latter part of 1953, there had been no activity at this address in relation to the operation of a fish cannery, and that the business license expired in June of 1953 and had not been reactivated since. On motion of Commissioner Hayton, seconded by Comm. Rudd and carried, the Commission determined upon the evidence on file that the previous operation of a fish cannery at 2618 Lafayette Avenue was abandoned in accordance with Section 9105.7(e) of the Municipal Code. On motion of Commissioner Lind, seconded by Comm. Rudd and carried, the • Commission moved that the use permit application be rejected as the use requested is prohibited under the zoning ordinance. 3. Presented to the Commission was a Rezoning Petition filed by Earl W. Stanley requesting permission to "permit a market to be built and operated within a C -I Zone - - -" on property located on 15th St. between St. Andrews St. and Irvine Ave. A discussion was held regarding the contents of the Zoning Petition and upon a thorough study of the evidence on file, a motion was made by Commissioner Keene, seconded by Comm. Copelin and carried, that the application was uncertain, ambiguous, and unacceptable. FINAL MAP TRACT 1893 Presented to the Planning Commission by the Public Works Director was the Final Map of Tract 1893 which covers a portion of Tentative Tract 1396. On motion of Commissioner Lind, seconded by Comm. Copelin and carried, the Final Map of Tract 1893 was APPROVED, subject to the following conditions: 1. Provision of satisfactory alley cut - off at most northerly corner of Lot 21. 2. Correction and /or satisfactory disposition of all items noted on the • correction sheet in the City Engineer's office. 3. Provision of satisfactory financial arrangements. • .• 0 -13- FINAL MAP TRACT 1396 Presented to the Commission by the Public Works Director was the. Final Map of Tract 1396 which covers the one large lot at the intersection of 17th Street and Dover Drive as shown on Tentative Map 1396. On motion of Commissioner Hayton, seconded by Comm. Smith and carried, the Final Map of Tract 1396 was APPROVED; subject to the following conditions: 1. Correction and /or satisfactory disposition of all items noted on the correction sheet in the City Engineer's office. 2. Provision of satisfactory financial, arrangements. On motion of Commissioner Hayton, seconded by Commissioner Copelin and carried, the meeting was.adjourned until March 25, 1958 at 3:00 P.M., Ray Y. Copelin Secretary