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Home My WebLink About03/18/195453. MINUTES OF THE PLANNING COMMISSION MEETING, THURSDAY, VLRCH 182 1954 - 7:30 PM CITY HALL COUNCIL CHAMBERS, NEWPORT REACH, CALIFORNIA In the absence of Mr. Walter Longmoer, Goa. Copelin presided as Chairman, and called the regular meeting to order. ROLL CALLt Commissioners presents Rudd, Keene, Hayton, Copelin, Lind Commissioners absents Smith, Briggs, Longmoor, Reed MINUTES: The minutes of the meeting on February 18., 1954 were approved upon motion of Com. Lind, seconded by Com. Hayton, and carried. Application of M: E. Kirkwood to exceed the front yard setback of 20 feet by placing a sign on the front property line of Lot 11, Tract 1237 and located at the northwest corner of Coast Highway and Seaward Road. Said sign is to be 12 feet wide and 20 feet high including the orna- mental supporting structure and•set'at right angles to the front prop- erty line with the front edge at said property line. The hearing was declared open. The Committee reported thitthe sign VARIANCES #125 M. E. Kirkwood Hotel sign should be set back 5 feet from the property line. Lot 1, Tr. #1237 FINDINGS% The sign as presented is architecturally in keeping with the character of the neighborhood and is needed to properly advertise the Motel. The property adjacent, across an alley to the vest is a C-1 zone. GRANTED Location of the sign will not block a drivers view from Seaward Road. Three persons inspected the dratdng of the sign at the hearing and there were no objections. The hearing was closed upon motion of Com. Hayton, seconded by Son. Rudd, and carried. Com. Hayton moved that the application be granted under the following eon - ditionst "Lighting to be directed so as not to cause annoyance to surrounding properties. No neon or flasher lighting to be used. -Sign to be plaeed at right angles to front property line with the front edge to be set back 5 feet from the front property line and located a distance of 20 feet more westerly than the west side of the Motel office building. Design 60 the sign to be the same as the illustration which is a part of the application and all to comply with any restrictions imposed by Use Permit #95. Motion seconded by Com. Rudd, add carried by the following roll call vote, to -wits ALL AYES Application of Eugene W. Wells for a Block A-32, Corona del Mar located on Ave. and Cove St. Rear property line feet deep by 37.25 feet wide creating a ten foot rearyard setback. The hearing was declared open. FINDINGSs Lot 12 Block A•32 is 37.25 front and rear lot lines angular with restricting the building area. The 5 adequate house to be constructed and property. 5 foot rearyard setback on Lot 1, the northwest corner of Fernleaf V - #126 is on an angle and the lot is 60 a difficult building problem with Wells, Eugene Lot 19 Block A -32 Corona del Mar feet wide by 60 feet deep with the Tract the side property lines thus foot rear setback will allow an will not adversely affect adjoining 54 Gom. Hayton moved that the application be granted, seconded by Gam. Lind, and carried by the following roll call vote, to -wits ALL AYES Application of Newport Harbor Homes Go. for staggered frontyard ' V - #128 setbacks on 22 lots in Tract #1700 and #1701, and a re- subdivision of Lots 61, 62, 63, and 64 of Tract #1701 into three parcels with Newport Harbor staggered frontyard setbacks. This is in keeping with former requests Homes Co. and the setback policy adopted for these tracts known as Irvine Terrace. Tract #1700 & The hearing was closed upon motion of Com. Hayton, seconded by declared open. Come Lind, and carried. Come Hayton moved that the application be granted seconded by Gom. Lind, by the following to , FINDINGS: The and carried roll call vote, -Vitt setbacks as listed hereon are in Staggared front ALL AYES yard setbacks approval of the Application of Bessie V. Oden Rings for a 12 inch frontyard setback subdivision of 4 lots into 3 parcels, on Lot 409 Block A. Tract #673, further located at 234 Hazel Drivep lots, which is in the interest of better planning. V - #127 The lot lies on the easterly side of the street and has a restricted closed upon motion of Come Hayton, seconded by Come building site due to a steep drop off at the rear. Rudd, and „earried. Oden Ringo, Staggered frontyard setbacks are as Bessie The hearing was declared open. The following lots are in Tract #1700 FINDINGS: The lot in question has a restricted building site due to a Lot No. Proposed Lot 40, Block A. sharp drop.:off at the rear. The adjacent property and other buildings Tract #673 on either side are already, constructed at approximately the same dis- 1437,Serenade Terrace tance as that herein applied for. A letter of approval was received 18 feet 1427 Serenade Terrace from the adjacent owner to the north. A variance was granted to a 27 GRANTED previous owner for such a setback on said Lot 40 and was abandoned. 36 The hearing was closed upon motion of Come Hayton, seconded by Come 1400 Serenade Terrace Lind, and carried. 21 feet Gom. Hayton moved that the application be granted, seconded by Gam. Lind, and carried by the following roll call vote, to -wits ALL AYES Application of Newport Harbor Homes Go. for staggered frontyard ' V - #128 setbacks on 22 lots in Tract #1700 and #1701, and a re- subdivision of Lots 61, 62, 63, and 64 of Tract #1701 into three parcels with Newport Harbor staggered frontyard setbacks. This is in keeping with former requests Homes Co. and the setback policy adopted for these tracts known as Irvine Terrace. Tract #1700 & The hearing was declared open. #1701 FINDINGS: The frontyard staggered setbacks as listed hereon are in Staggared front keeping with previously allowed setbacks and as agreed in the original yard setbacks approval of the district map. The subdivision of 4 lots into 3 parcels, create 3 larger lots, which is in the interest of better planning. GRANTED The hearing was closed upon motion of Come Hayton, seconded by Come Rudd, and „earried. Staggered frontyard setbacks are as follows: The following lots are in Tract #1700 Lot No. Proposed Iron d se Address 29 2 Yset 1437,Serenade Terrace 28 18 feet 1427 Serenade Terrace 27 15 feet 7.1.19 Serenade Torras* 36 16 feet 1400 Serenade Terrace 37 21 feet 1312 Dolphin Terrace 38 17 feet 1306 Dolphin Terrace 39 28 feet 1300 Dolphin Terrace 79 25 feet 601 Patolita Drive 80 71 feet 700 Santana Drive , 55 These parcels are in Tract #1701: Variance to resubdivide Lots 61, 62, 63, and 64, Tract #1701 into three parcels and establish front yard setbacks. Parcel #1 consisting E'7y 51.63 feet of Lot 61 and Wily 26.44 feet of Lot 62. Parcel #2 consisting E'ly 38.56 feet of Lot 62 and W'7y 38.56 feet of Lot 63. Parcel #3 consisting E'ly 10.38 feet of Lot 63 and all of Lot 64 as measured along Dolphin Terrace. Front yard setbacks to be as follows on the above described parselst ' Parcel #1 - 5 feet; Parcel #2 - 7 feet; Parcel #3 - 9 feet. Come Hayton moved that the application be granted, seconded by Com. Rudd, and carried by the following roll call vote, to -wits ALL AYES Application of J. Be Younger to allow construction of a building containing four dwelling units with four garages and a rear yard setback of zero facing a tout foot alley. The property is zoned C-19 and due to the passage of Ord. 8702 amending Section 9105.4 to add paragraph (g) to the Code requiring that residential restrictions in a 0-1 zone be V - #129 complied with, the R-3 regultions would apply.- The lot.is 30' % 90' thus has only 2700 'square feet, and would normally be allowed two Younger, J. E. units and be held to-a-10 foot setback from center of alley. The Lot 7 Blk. 11 applicant has been in contact with the Building Dept. prior to the addition of paragraph (g) and has plans prepared for the four units Balboa Tract upon information received prior to the effective date of Ord. #702, which is February 8, 1954, but did not apply for a permit until Feb. 189 1954. Said property is located at the SW corner of Bay Ave. GRANTED and "A" St, Lot 7, Block 11, Balboa Tract. The hearing was declared open. FINDINGS: The four units with garages will not adverse7.y effect adjacent properties and will allow the applicant a more consistent return on his investment. The alley at the rear is already restricted to its 10 foot ' wide limit by existing buildings constfacted on the lot line in the remainder of the block. Con. Hayton moved that the application be granted subject to the following - conditionsa Building setback to be four (4) feet on "A" St. withaccess to balconies and roof to extend to property line. Motion seconded by Gam. Keene, and carried by the following roll call vote, to -Witt ALL AYES The following lots and parcels are in Tract #1701 Lot No• Proposed froatvard setback Address ' 66 22 feet 612 Ramona Drive 67 5 feet 606 Ramona Drive 66 5 feet 600 Ramona Drive 65 5 feet 1555 Dolphin Terrace 47 32 feet 1536 Dolphin Terrace 48 17 feet 1530 Dolphin Terrace 44 35 feet 1531 Serenade Terrace 43 30 feet 1525 Serenade Terrace 42 25 feet 1519 Serenade Terrace 41 20 feet 1515 Serenade Terrace 40 27 feet 1507 Serenade Terrace 39 15 feet 1501 Serenade Terrace 38 20 feet 1"3 Serenade Terrace These parcels are in Tract #1701: Variance to resubdivide Lots 61, 62, 63, and 64, Tract #1701 into three parcels and establish front yard setbacks. Parcel #1 consisting E'7y 51.63 feet of Lot 61 and Wily 26.44 feet of Lot 62. Parcel #2 consisting E'ly 38.56 feet of Lot 62 and W'7y 38.56 feet of Lot 63. Parcel #3 consisting E'ly 10.38 feet of Lot 63 and all of Lot 64 as measured along Dolphin Terrace. Front yard setbacks to be as follows on the above described parselst ' Parcel #1 - 5 feet; Parcel #2 - 7 feet; Parcel #3 - 9 feet. Come Hayton moved that the application be granted, seconded by Com. Rudd, and carried by the following roll call vote, to -wits ALL AYES Application of J. Be Younger to allow construction of a building containing four dwelling units with four garages and a rear yard setback of zero facing a tout foot alley. The property is zoned C-19 and due to the passage of Ord. 8702 amending Section 9105.4 to add paragraph (g) to the Code requiring that residential restrictions in a 0-1 zone be V - #129 complied with, the R-3 regultions would apply.- The lot.is 30' % 90' thus has only 2700 'square feet, and would normally be allowed two Younger, J. E. units and be held to-a-10 foot setback from center of alley. The Lot 7 Blk. 11 applicant has been in contact with the Building Dept. prior to the addition of paragraph (g) and has plans prepared for the four units Balboa Tract upon information received prior to the effective date of Ord. #702, which is February 8, 1954, but did not apply for a permit until Feb. 189 1954. Said property is located at the SW corner of Bay Ave. GRANTED and "A" St, Lot 7, Block 11, Balboa Tract. The hearing was declared open. FINDINGS: The four units with garages will not adverse7.y effect adjacent properties and will allow the applicant a more consistent return on his investment. The alley at the rear is already restricted to its 10 foot ' wide limit by existing buildings constfacted on the lot line in the remainder of the block. Con. Hayton moved that the application be granted subject to the following - conditionsa Building setback to be four (4) feet on "A" St. withaccess to balconies and roof to extend to property line. Motion seconded by Gam. Keene, and carried by the following roll call vote, to -Witt ALL AYES 56 Application of Mrs. John H. Poole for permission to continue a noncon- forming use as a rental of a possible unit attached to and a part of a garage building at the rear of Lot 20, Bloc}F 630, Corona del Mar Tract; , further located At 618 Begonia. The unit was destroyed past the U.F.- #128 allowable rebuilding value as covered in Section 9105.7 paragraph (f). The building was covered with insurance and the insurance company Poole, John H. elected to rebuild it. It was thus reconstructed with kitchen. Con - hlrs. struction was stopped by Jim Brown, Building Inspector, and investi- gated by Mr. Boy Keene and L. M. Holbrook. Lot 20, B1k.630 The hearing was declared open. A. K. Phelps, Attorney, representing C.D.M. Tract the Pooles, presented their case. Con. Keene after ward stated it appeared that the applicant had been mislead by the Building Dept., GRANTED and that they had acted in good faith. The neighbors had no objec- tions. (with condi- FINDINGS: Dwelling unit less than 600 sq. feet required by Ord. #541. tions) Only one door between kitchen and bath ,(taro are required). No door between kitchen and sleeping room, (foot cannot be prepared in sleeping rooms) to state law. A. building permit was issued September 28, 1953, #14838, evidently without the conditions being properly presented.by the applicant. The building was constructed for a second story and should have been converted into two garages with an apartment over upon recon- struction and not as it now is. The hearing was closed upon motion of Con. Keene, seconded by Con. Heaton, and carried. Cam. Keene moved that the application be granted under the following conditions: ' "Correction of any violations of the State Housing Regulations, State Building Code, and Uniform Building Code as adopted by the City. Also, a door must be installed between kitchen and living - sleeping room, and so as to have two doors between laid kitchen and bathroom. The garage walls adjacent to living room must be plastered to conform with Building Dept. requirements on the garage side. Arid, it shall be further agreed that said apartment will be converted into a garage should any expansion of buildings or improvements be undertaken on said Lot 29, Block 630, Corona del Mar Tract, after the effective date of this Use Permit. Motion seconded by Com._Hayton, and carried by the following roll call vote, to -wit: AYES: Keene, Heaton, Lind NOES: Rudd,, Copelin ABSENT: Smith, Briggs, Longmoor, Reed (Com. Copelin voted noe stating that Commission should not condone violation until it has been repaired) Application of the Irvine Co. and Dr. Forbes Farms, Inc. for permission U.P. - #129 to construct and operate a hotel and apartments with garages, and Irvine Co. & parking, and with club facilities for the owners of Lots 1 to 58, all to Dr. Forbes be located on Lot 59 of proposed Tract #2096, and as described by metes Farms, Inc. and bounds for purposes of Use.Permit and together with and included as a part of the above described operation accessory uses indidental to Lot 59, Tr. and a part of said hotel operation, as followes #2096 m Accessory uses incidental to and a part of said hotel operations Restaurant and dining rooms, ' Cocktail Lounge and /or Liquor Bars, Barber shop and /or Beauty Shop, Steam room and bathe, Flower Shop Boat moorings docks and small boat storage, Recreational facilities, is Swimming Pool, Tennis Courts, *to. Automobile Parking area, Clothing Shops, Drug Store Novelty Shop, Marine Supplies and Tackle Shop, 57 Doctor and/or Dentist office, Travel Agency, Sporting foods, Snack Bar, Reel Est to and Yacht Brokerage office Stocks and Bonds Brokerage Commissary, Cigar and Book Store, Liquor Store, Administrative Offiess, Contractors office, Small boat lift and apparatus (Yacht club type) FINDINGS: The proposed club and hotel operation is located on Linda Isle and is a considerable distance across portions of the Bay from properties southerly and westerly. Property on the north and east of said Linda Isle is owned by the Irvine Co.,who is one of the applic9ats for the Use Permit. Commercial uses are in effect on BAlboa Island adiwere allowed one time on Lido Isle. The area is a separated area and the operation of the listed uses applied for would be isolated from residential areas and should not adversely affect surrounding property value. A complete notice of hearing was given legal publication and the property posted. No objections were received. Con. Lind moved that the application be granted, seconded by Cam. Rudd, and carried by the following roll call vote, to -wits ' ALL AYES Application of Leo R. Schroff to operate a general auto repair shop in an existing garage building in the rear of the Associated Sirviee Station on the BE corner of 26th St. and Newport Blvd. Said property is on U '.P.- #130 Lots 14 and 15, Block 223, Section A. Newport Beach. Schroff, Leo R. The hearing was declared open. FINDINGS: The operation of a general auto repair should not adversely general auto affect adjacent property. The property is stoned C-1 and G-2 and the repair shop operation is to be confined.to an existing garage building in the rear of an Associated Service Station. The hearing was given legal publi- Lots 14 & 15 eation and the property posted. No objections were received. Block 223,Sec.A The hearing was closed upon motion of Com. Hayton, seconded by Cam. Newport Beach Rudd, and carried. Com. Hayton moved thkt the application be granted, seconded by Cos. GRANTED Rudd, and carried by the following roll call vote, to -wits ALL AYES Application of H. E. Riley for permission to construct and operate a multiple dwelling containing 6 single family units with 6 carports in U.P. - #131 a 0-1 -H zone on Lot 45, Tract 1133. Said lot is 601 E 1201 or 9200 square feet. A Use Permit is required under Section 9105.4 paragraph Riley, H. E. (g) as amended by Ord. #702, effective February 8, 1954. Lot 45,Tr. 1133 The-hearing was declared open. FINDINGS: Proposed multiple dwelling is in character with dead resiric- GRANTED tions forced upon the property by Mr. Mackey and will be an improvement to the area. Proper off - street Racking under cover has been provided. Oran The hearing was closed upon motion of Com. Lind, seconded by Cam. Hayton, 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 Angel Garcia for permission to operate a salvage yard and to store salvage material an the rear-290 foot section U.P.. #132 of his property, located on the SW corner of Whittier and 19th St. Said property is now in an unclassified zone and is 300 feet wide Garcia, Angel along Whittier and 530 feet deep along 19th St. The front part of the lot, 300 feet along Whittier and 140' deep along 19th St. operate a is excluded from and not a part of this Use Permit application. salvage yard The hearing was declared open. SW corner of FINDINGS: Operation of a salvage yard on the rear of Lot 1201s, Whittier and lot Addition to Newport Heights, which is also adjacent to the 19th St. City disposal area is needed for proper operation of city dis- posal service, and will increase the expected life of said disposal area. Conditions imposed by the Commission on Use Per - GRANTED mit #132 are as follows: "The applicant will provide an adequate fence or walls around the salvage and storage yard and opsration.to screen it and keep all such material confined to said yard, and to maintain said operation in agreement with his application." The hearing was closed upon motion of Coca. Hayton, seconded by Com. Lind, and carried. ' Com. Hayton moved that the application be granted incorporating above mentioned conditions, seconded by Cam. Lind, and carried by the following roll call vote, to -wit: ALL AYES Application of the Irvine Co. and Clyde -G. Johnson for construction U.P. #133 and operation of an automobile sales showroom for new or used oars and repair shops within a building, located on Lots 38, 39, 40, and Irvine Co. & 41, Tract 1210, further located at 1200 W. Coast Highway. Clyde Johnson `phe hearing was declared open. - FINDINGS: Two such automobile dealerships are in operation an property construct and to the east. Said lots 38, 399 40, and 41, Tract 1210 all lie below operate auto - the bluff and residential property adjoining is thus separated by mobile sales considerable elevation. The Commission further believes the property and showroom along the Coast Highway in said Tract 1210 is a logical place for such auto dealerships. Lots 38, 39, 40 Conditions imposed by the Commission on Use Permit #133 are as follows: and 41, Tr. 1210 "An off street parking area of not less than 4500 square feet and not- less than 50 feet wide shall be provided and maintained within the GRANTED . boundaries of the area and operation covered by and described on this Use Permit and in Tract #1210. Said pa#ing lot shall be located so as to be easily accessible and recognizable from the Coast Highway with an entrance from and an exit to said Highway, and shall be posted as Customer Parking. Said parking area will not be used at anytime for the storage of new or used cars nor will there be a fence between said parking area and the Coast Highway,inor will there be gates between it and said entrance from or exit to said Coast Highway." The hearing.was closed upon motion of Com. Hayton, seconded by Con. Lind and carried.. Com. Hajrton moved that the application be granted incorporating the above mentioned conditions, seconded by Com. Lind, and carried by the following roll call vote, to -wit: ALL AYES Second hearing of application by the Irvine Go. to amend Section 9103 +8 of the City Code from a "U" District to an R-1 District on Lots 1 to 58 of Proposed Tract #2096, as described by mates and bounds for this amendment. The hearing was declared open. FINDINGS: The R-1 zoning applied for is the highest restricted district under the City Zoning Ordinance and it is considered that said Lots 1 to 58 inclusive are very well suited for R-1 soning, and with the housing as proposed will furnish a high class residential district. The hearing was legally published and posted. No objections were received. The hearing was closed upon motion of Com. Lind,,seconded by Goa. Dayton, and carried. Com. Lind moved that the amendment be adopted, seconded by Com. Hayton, and carried by the following roll call vote, to -wit: ALL AYES 59 AMENDMENT #6 from "U ". to R -1 in Proposed Tr. #2096 ADOPTED Second hearing on Planning Commission Resolution #582 tosaend Zoning RESOLUTION #582 Ordinance #635 as follows: Storage of Section 9103.61 - Delete the words "Gasoline Storage" Flamable Liqui Section 9103.62 - Add paragraph (d) "Storage of-Flamable Liquids" Subject to applicant for Use Permit ADOPTED first securing a certificate of approval from the City Fire Department. Section 9103.72 - Add paragraph (d) "Storage of Flamable Liquids" Subject to applicant for Use Permit first securing a certificate of approftl from the City Fire Department. The hearing was declared open. FINDINGS: The amendment to Zoning Ordinance #635 as proposed is necessary to correctly control the storage of flamable liquids. The hearing was closed upon motion of Com. Lind, seconded by Com. Rudd, and carried. Com. Lind moved tbAt Resolution #582 be adopted, seconded by Com. Rudd, sad carried by the following roll call vote, tip -wits ALL AYES Hearing was set over from February 18, 1954 to the meeting of March 18, TENTATIVE MAP 1954 for hearing due to certain possible changes to be made in Lot 59 to OF widen the Upper Bay Channel. Said changes have been made and new ten- TRACT #2096 tative maps have been furnished. The hearing was declared open. APPROVED FINDINGSs A letter recommending the approval was received from the City Engineer. The treat as presented meets the requirements of the City Code and Policy. The hearing was closed upon motion of Com. Hayton, seconded by Com. Lind, and carried. Com. Hayton moved that the tentative map of Tract #2096 be approved, seconded by Com. Lind, and carried by the following roll call vote, to -wits ALL AYES so RE- SUBDIVSSIO%' OF TWO C-1 =1 Lots Lots 43 and southerly J of Lot 42, Tr. 1133 GRANTED A request by Nelson Stafford of the Stafford Electric Co. for approval of his re- subdivision of his property consisting of Lot 43 and the southerly half of Lot 42 of Tract #1133, located on the NE corner of Avon St. and Riverside Ave. Mr. Stafford proposes to divide his property into two parcels, one corner parcel fronting 60.05 feet on Avon St. by 90 feet deep; and a second parcel adjacent to and easterly of Parcel #1 and fronting on Avon St. a distance of 70 feet and 90 feet in depth. Both parcels to retain the C-1 -H zoning. FINDINGS: The rearrangement of frontage will allow a more advan- tageous use of the property to the owner and will not adversely affect adjoining properties. Com. Hayton moved that the request be granted, seconded by Com. Lind, and carried by the following roll call vote, to -wit: ALL AYES Referred from Tentative map of Tract #2150 to be located on the northerly side of Orange County 15th St. between an extension of Aliso Ave. and E1 Modena Ave. Planning CormmissionFINDINGS: There was insufficient time between the City and County meetings to transmit a recommendation; therefore, the letter was filed by the Administrative Assistant. Ord. .;716 - Stanley Property Zoning - Lots 1 to 5, Tract #171$ Upon motion of Cos. Rudd, seconded by Com. Hayton, and carried, a letter was sent to the City Council recommending that the C-2 District used as a basis by the City Attorney for the proposed Ordinance, be changed to a C-1 District. FINAL hIAP TRACT #2095 Letter received from City Engineer recommending that the map be adopted. The map meets the requirements of the City Code and the Planning Commission. Cos. Hayton moved that the final map of Tract #2095 be adopted, seconded by Cow. Keene, and carried t8 the following roll call vote, to -wit: ALL AYES FINAL MAP OF Letter received from the City Engineer recommending that the map be TRACT #2096 adopted. The map meets the requirements of the Oity Code and the Planning Commission. Com. Hayton moved th6t the final map of Tract #2096 be adopted, seconded by Com. Keene, and carried by the following roll eall vote, to -wits ALL AYES Request for Annex- Upon motion of Com Hayton, seconded by Com. Lind, and carried, the ation of Planning Commission recommended to the City Council the amazing of Tract #2172 Proposed Tract #2172. Adjournment Upon motion of Cam. Lind, seconded by Cos. Hayton, and carried, the meeting was adjourned. Copelin taxy r