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HomeMy WebLinkAbout03/20/1958MINUTES, REGULAR TUMING CCMISSIOH MEETING CITY HALL COUNCIL CHAMBERS NEWPORT BEACH CALIFORNIA March 20i, 1958 SiW P.M. ROLL GALL : °Commissioners Present: Longmoor,'Rudd, Hayton, Copelin, Keene, Clemence and Sturtevant Commissioners' Absent: Lind and Smith Minutes of the regular'meeting . on;February 20' 1958, adjounxmsd.Meting :on February 25, 1958, and the apeeial meeting. on March 4, 1958, were approved as ,recorded on motion of Couimis';ioner Copel:in, seconded by Commissioner Rudd, and carried. 1. PETH, Fred R. and Harriet N. 5101 W. Seashore Drive . 2. Lot I Block 51 Ocean Front Tract Zone R -2, 3. Posted March. 10, 1958 Published March 12, 1958 4. Waiver of side yard setback to permit construction.of a stairway to second foor. S Stairway necessary in side yard setback to provide egress and ingress to upstairs apartment. 6. DISCUSSION: Note findings 7. FINDINGS: The Commission upon their investigation of this property. €rmni;'' this to be a'corner lot on the.ocean front'. The construction of a stairway within the aide yard setback would not create_ a fire hazard and would not be detrimental to.any persons . living or working in the neighborhood. S. On motion of Commissioner Copelin, seconded by Comm. Rudd, Variance #451 was APPROVED by the following roll call vote, to wit: ALL AYES 1.. 00 IT, Glenn P. 1401 W. Balboa Blvd. Z. Lot 27 Block 14 Tract 234 Bxr3 3. Posted March 10, 1958 Published March 12, 1958 4. Waiver of square footage requirements in order to permit a fourth't on, an R -3 lot. 5. A loss.of our fourth apartment would cost us loss of income in emaeas $1,000 per year. Do no practical good for any uninterested parties, :etc. . Page 2 VARIANCES #452 con't. 6. DISCUSSION:. The applicant addressed the Commission and stated, among other things, that when he applied for a building permit.for two additional units on his property in 1956, the building permit application contained information to the effect that there existed on the property two apartments. Commissioner Longmoor asked Mr. Coit if a use permit was secured prior to.the construction of a fourth unit. The applicant answered in the negative. 7. FINDINGS; The applicant was advised that this is a violation on a R -3 parcel which the Building Dept. had discovered and that the Commission could not legalize such a violation. The build- ing permit application was reviewed and the information contained therein did not show that two units existed on the property at the time an application was taken out for two additional units. 8. On motion of Commissioner Copelin, seconded by Comm.. Rudd, Variance #452' was DENIED by the following roll call vote, to wit: ALL AYES • #453 1. PAUL, Howard M. and other property owners 3500, 3502, 3504, 3596, 3508, 3510 & 3512 Marcus 2. Lots 1 thru 7 Block 335. Lake Tract Zone R -2 3, Posted March 10, 1958 Published March 12, 1958 4. An encroachment of 10' into a required front yard setback of 40'. 5.. Applicant states that encroachments are necessary to provide: 1. Increased property values. 2. Ability to improve and modernize homes. 3. To overcome distress cases - lack of bedroom space. 6. DISCUSSION: Note findings 7. FINDINGS: The Commission stated that a policy had been established to permit front yard encroachments on these properties facing the channel where all the property owners signed the petition for an encroachment. There is in this block, seven lots and all property owners signed.the petition. . 8. On motion of Commissioner Copelin, seconded by Comm. Hayton, Variance #453 was APPROVED by the following roll call vote, to wit: ALL AYES Page 3 • VARIANCES #454 1. ROSS, James E. & Violet 311 Carnation Ave., Corona del Mar 2. Portion of Lot D. Corona del Mar Tract Zone R -3 3. Posted March 10, 1958 Published March 12, 1958 4. Additional 15' above permitted 35' height limit and to permit construction of a detached garage on the front half of lot. 5. Due to the terrain the structure with the exception of the three stories on Carnation Ave. will be below the street grade although the complete structure exceeds 50'. 6. DISCUSSION: Mr. Frank L. Parker of the Mortgage Funding Corporation represented the applicant and stated, among other things, the following: 1. Improvement of this property will add measurably to the City tax rolls. 2. Architectural design will be an improvement to the neighborhood. 3. Two parking spaces are being provided for each unit. . 4. Originally eleven apartments were planned but to keep down density, the applicant is proposing only nine. Mr. Parker presented to the Commission a letter dated March 19, 1958, signed by James E. and Violet C. Ross in which they requested their application be amended to show an encroach- ment of six feet into a required.front yard setback of 10' for the purpose of constructing a two -unit building with garages as shown on the plot plan. Mr. Harvey Pease, 314 Carnation Ave., addressed the Commission and stated that there are some very serious problems in this area in respect to parking. He further stated that although this portion of Carnation Ave. is a vacated street, there are certain easements which have not been clarified. After considerable discussion with the applicant and Mr. Pease, the Commission recommended that the application be set over until the next regular meeting and that in the interim the following additional information be furnished the Planning Office. 1. Title report regarding property and all easements on the vacated portion of Carnation Ave. • 2. A precise plan showing how the subterranean garage will accommodate the 18 proposed parking spaces. 7. On motion of Commissioner Sturtevant, seconded by Comm. Clemence and carried, Variance #454 was set over until the next regular meeting of the Planning Commission. Page 4 • I VARIANCES i 1. BABSON, Edward J. 2. Lot 3 3. Posted March 10, 1958 #455 N.W. corner 101 Highway & Morning Canyon Rd Tract 1237 Zone R -3 -B Published March 12, 1958 Encroachment of 10' into a required front yard setback of 20' and a waiver of square footage r quirements in order to construct 15 motel units. 5. Due to physical terrain of property (canyon) it becomes necessary to encroach in order to permi the construction of 15 units - the minimum necessary to make it econo ically sound. Same applies for square footage requirements. 6. DISCUSSION: �J Mr., Rod Lipho the applicant following: T which cannot. fore, it is n required fron the construct to the Kirkwo to the genera area. In ref requires a wa stated that i less than 15 , attorney, 2542 Crestview Dr., representing addressed the Commission and stated the property to the rear has considerable area built upon because of the topography. There - essary to request an encroachment into the yard setback of 20'. He further stated that n of a motel on this property would be similar Motel to the west and would not be detrimental welare or health of persons residing in this ence to the request for 15 motels units which er of square footage requirements, Mr. Liphold' would not be economically feasible to construct Mr. Allen Lorenz, 483 Morning Canyon Road, spoke.to the Commission in protest of this motel and submitted a petition signed by 21 property owners in the vicinity which stated the following reasons why the application should be denied: 1. The ar;a of Corona Highlands and Shorecliffs in Corona del Ma has developed into one of the finest residential areas n Southern California. io permit a motel to be ere ted in the midst of this area would constitute irrepa able damage and injury to the property rights and values of the residential owners. 2. The Arti Ilea zone such Is adjo righ >licable City Ordinance, Section 9103.32 of s IX of the Municipal Code of Newport Beach 7 contemplates granting a use permit in an R -3 -B >r a motel as a special favor and privilege. We that it was not the legislative intent that use permit be granted over the protest of Cng property owners seeking to protect their and property values. In this regard, it would n U • Page 5 VARIANCES #455 con't be an extreme derogation of our rights as property owners to grant the said variances, which variances have the immediate effect of cutting off practically all of the therefore beautiful view of the adjoining land- owner. 3. The public interest of all the people of Newport Beach dictates that our community be up- graded and bettered where necessary and at all possible. Titus, as the public commission entrusted with the public policy in zoning, use and variance matters, it is the duty of the Planning Commission to deny the use permit and variance applications referred to herein. 7. FINDINGS: After reviewing all the evidence on file and the oral arguments for and against at the meeting, the Commission recommended that the variance application be denied for the following reasons: 1. The proposed building on the north side of the prope rty is too 'high. 2. A noise nuisance would be created. 3. A traffic hazard would result due to the proposed entrance into the property being only's few.feet away from the Coast Highway. 4. This area is already overcrowded. According to the Commission this site is not 'comparable to the Kirkwood Motel. E. On motion of Commissioner Hayton, seconded by Comm. Rudd, Variance #455 was DENIED by the following roll call vote, to wit: AYES: Sturtevant, Keene, Longmoor, Clemence, Rudd and Hayton NOES: Copelin ABSENT: Lind and Smith 1. AERONOTRONIC SYSTEMS, INC. and THE IRVINE CO. Corona del Mar 2. 100 acres now under lease and 100 acres under option for lease in Blocks 56 & 57, Irvine Subdivision. • 3. Posted March 10, 1958 Published March 12, 1958 4. An extension of time under Section 9106.41 of the Municipal Code from ,six months to a period of two years, for uses permitted in Use Permit #419 granted to applicants. • Page 6 VARIANCES • #456 con't. 5. Time required to develop plans and specifications for the buildings for the uses and the planning of the developments for the uses permitted. 6. DISCUSSION: Note findings 7. FINDINGS: This request was submitted by the applicant because the Municipal Code now permits an application to be valid for a period of six months only unless used. The proposed uses of the property as set forth in Use Permit #419 may not be under development for a period of 18 months to two years. 8. On motion of Commissioner Copelin, seconded by Comm. Clemence, Variance #456 was APPROVED by the following roll call vote, to wit: ALL AYES #457 1. SCHWAGER, Lester H. 4510 Balboa Blvd. 2. Portion of Lot 8 Block 145 Canal Section Zone R -2 3. Posted March 10, 1958 Published March 12, 1958 4. A 5' encroachment into a required 10' front yard setback. 5. Due to unusual shape of lot, adequate use of property is not permitted. 6. DISCUSSION: Note findings 7. FINDINGS: The Commission upon their investigation of this property found this to be an unusual lot with frontage on Balboa Blvd. requiring a setback of 10'. All properties to the East face the cross streets and require a side yard setback of 3'. It was determined that the 5' requested setback would not be detrimental to the general welfare of persons residing or working in the neighborhood and a recommendation of approval was made. 8. On motion of Commission Copelin, seconded by Comm. Rudd, Variance #457 was APPROVED by the following roll call vote, to wit: ALL AYES Page 7 • USE PERMITS #404 1. COIT, Glenn P. 1401 W. Balboa Blvd 2. Lot 27 Block 14 Tract 234 Zone R -3 3. The continued use of four (4) units on our property at above location. These units are winter and summer rentals - all complete with one (1) garage par unit. 4. DISCUSSION: Note findings 5. .FINDINGS: The Commission recommended denial of this use permit application based on the findings as set forth in Variance #452 considered at this meeting. 6. On motion of Commissioner Copelin, seconded by Commissioner Rudd, Use Permit 4404 was DENIED by the following roll call vote, to wit: ALL AYES X410 1. BAYSHORE BOAT RENTALS AND IRVINE CO. 100 E. Coast Highway • 2. Lot 171 Block 54 Irvine Subdivision Zone: Unclassified 3. To erect a building 16' x 20', all steel. This is a steel prefabricated building which will conform to the City Building Code. This building is to be used for Outboard Motor Repair. The proposed building is pre- fabricated by 'Armco Drainage & Metal Products, Inc. 4. DISCUSSION: Note findings 5. FINDINGS: A use permit is required under Section 9103.8 of the Municipal Code because this property is in an Unclassified District. The Commission recommended approval of the application, subject to the condition that the new building conform to all requirements of the Building Dept. 6. On motion of Commissioner Hayton, seconded by Comm. Clemence, Use Permit #410 was APPROVED, subject to the above condition, by the following roll call vote, to wit: ALL AYES #411 1. COAST HOTELS, INC. 2171 Coast Highway, Corona del Mar 2. Lot 445 Block 94 Irvine Subdivision Zone: Unclassified 3. Applicant desires to obtain a use permit for dancing at the Jamaica Inn. 4. DISCUSSION: Note findings Page 8 USE PERMITS • 91411 cont 5. FINDINGS: Based upon the oral and written evidence presented, the Commission found and determined that dancing at the Jamaica Inn will not adversely affect the general welfare or health of persons.residing or working in the neighborhood. 6. On motion of Commissioner Keene, seconded by Comm. Copelin, Use Permit #411 was APPROVED by the following roll call vote, to wit: ALL AYES 91+12 1. HUNTSMAN, Mrs. Florence 1036 West Balboa Blvd. 2. Lot 10 Block 110 Tract 204 Zone R -3 3. The addition of a bedroom and deck to existing dwelling which is non- conforming because it exceeds the 35' maximum front yard setback. , 4. DISCUSSION: Note findings 5. FINDINGS: The Commission recommended approval of this application based on evidence presented that the entire neighborhood had encroached to the rear property line and that the new addition • would not be detrimental to persons residing or working in the neighborhood. 6. On motion of Commissioner Keene, seconded by Comm. Hayton, Use Permit #412 was APPROVED by the following roll call vote, to wit: ALL AYES 91413 1. McGOVERN, Hugh M. and Charles H. 3543 East Coast Highway, CdM 2. Lot 4 Block 2 Tract 323 Zone C -1 3. Posted March 10, 1958 4. The sale of alcoholic beverages. 5. DISCUSSION: Mr. James L. Rubel, Jr., attorney, 425 Fernleaf, CdM, representing property owners in the vicinity of 3543 East Coast Highway addressed the Commission and stated the following in protest of the application for sale of alcoholic beverages. 1. The sale of alcoholic beverages at this address would require additional police protection. • 2. Would create depreciation of property values. 3. There now exists a lack of parking spaces and the owner could not comply with the requirements of the zoning ordinance for additional parking spaces. • • E Page 9 USE PERMITS #413 con't 4. The noise created by such an establishment would result in a detrimental effect to the general welfare of persons residing in the area. The applicant addressed the Commission and stated that a restaurant without the sale of alcoholic beverages would not be economically feasible. 6. FINDINGS: Based on the oral and written evidence presented at the hearing, the Commission found and determined that the sale of alcoholic beverages at this address would create a critical parking problem and that this would be detrimental to the general welfare of persons residing or working in the neigh- borhood. Prior to the motion Commissioner Keene requested to be heard and stated the following: "As the Commission knows, it is not the Commission's responsibility to moralize on the merits of liquor or to restrict the sale of alcoholic beverages on any properties in the City zoned for such purpose. The sale of alcohol is a legal commodity and is entirely under the jurisdiction of the State. The question of whether there should be additional taverns is entirely up to the State." 7. On motion of Commissioner Copelin, seconded by Comm. Clemence, Use Permit #413 was DENIED by the following roll call vote, to wit: AYES: Copelin, Longmoor, Clemence, Rudd and Hayton NOES: Sturtevant and Keene ABSENT: Smith and Lind 1. ROSS, James E. & Violet 2. Portion of Lot D 3. Posted March 10, 1958 311 Carnation Ave., CdM CdM Tract 4. Construction of 9 units on an R -3 lot. #414 Zone R -3 5. In order that the applicant can submit additional information requested by the Commission,on motion of Commissioner Copelin, seconded by Comm. Clemence and carried, the hearing on this application was set over until the next regular meeting of the Planning Commission. Page 10 • USE PERMITS LJ • 1. KRAMER, Charles A. and MEYER, Ralph 2. Portions of Lots 3 and 9 Block 22 3. Posted March 10, 1958 #415 1325 and 1323 E. Balboa Blvd. Balboa Tract Zone R -3 4. The construction and operation of three 4 -unit dwelling structures on three building sites 45' x 100' with 45' frontage on Balboa Blvd. Applicant states that he desires to supply a community need for dwelling units. 5. DISCUSSION: This application was before the Commission at a previous date and was approved; however, it was revoked under Section 9106.41 of the Municipal Code. 6. FINDINGS: The Commission recommended approval of this renewal application, subject to the same conditions as specified in Use Permit #238, approved on June 21, 1956, and Use Permit #212 approved on January 19, 1956. 7. On motion of Commissioner Rudd, seconded by Comm. Keene, Use Permit #415 was APPROVED, subject to the above conditions, by the following roll call vote, to wit: ALL AYES #416 1. HOLBROOK, H. H. 2801 W. Balboa Blvd. 2. Lots 22 and 23 Block 28 Newport Tract Zone R -3 -B 3. The applicant desires to remove existing sheds and build two garages, and to request permission for the construction of apartments at a later date on this site which is non - conforming because of commercial use on an R -2 lot. 4. DISCUSSION: Note findings 5. FINDINGS: The Commission upon their investigation of this property found that the existing commercial use is non - conforming and that the Building Dept. had advised the applicant that the existing sheds must be removed. Commissioner Copelin advised the applicant that the Commission could not under any circumstances approve a non - conforming use and found that since a duplex had been constructed over two building sites, a single building site had been created which would prohibit forever any additional units. 6. On motion of Commissioner Copelin, seconded by Comm. Rudd, Use Permit #416 was DENIED by the following roll call vote, to wit: ALL AYES 0 0 Page 11 USE PERMITS #417 1. DOWNING, Sam H. Two corners - Irvine St. & Cliff Haven (SE) Irvine St. & Clay (NE) 2. Lots 14 and 22 Cliff Haven Section Tracts 1718 & 1220 Zone R -3 3. The applicant is requesting the construction of 5 dwelling units on each lot. 4. DISCUSSION: Note findings 5. FINDINGS: This is a pattern which has previously been established by the Commission to permit five dwelling units on these large corner parcels. 6. On motion of Commissioner Rudd, seconded by Comm. Copelin, Use Permit #417 was APPROVED by the following roll call vote, to wit: ALL AYES 1. BABSON, Edward J. 2. Lot 3 3. Posted March 10, 1958 9418 Northeast corner 101 Highway & Morning Canyon Rd. Tract 1237 4. The construction of a fifteen (15) unit motel and pool. Zone R -3 -B 5. DISCUSSION: Note findings 6.. FINDINGS: The Commission recommended denial of this application based on the same findings as set forth in Variance Application ,#455 considered at this meeting. 7. On motion of Commissioner Hayton, seconded by Comm. Rudd, Use Permit 9N+18 was DENIED by the following roll call vote, to wit: AYES: Sturtevant, Keene, Longmoor, Clemence, Rudd, and Hayton NOES: Copelin ABSENT: Lind, Smith • Page 12 USE PERMITS 41419 1. AERONUTRONIC SYSTEMS, INC. and THE IRVINE CO. 2. 100 acres now under lease and 100 acres under option for lease in Blocks 56 and 57 Zone: Unclassified 3. Applicant is requesting that the following uses be established in an unclassified zone: 1. Administrative and professional offices, accessory to uses permitted in this District. 2. Employee' dining facilities. 3. Research and development laboratories and related experimental and laboratory test installations and operations. 4. Electrical, electronic and electromechanical products manufacturing. 5. Fabrication of plastic and ceramic products. • 6. Scientific and mechanical instruments manufacturing. 7. Signs appurtenant to any permitted use located on property of use. 8. Design, development and assembly of advanced prototype weapons, weapons systems, and related products, and fabrication of parts and components thereof. 9. Manufacturing of scientific and small mechanical devices (such as gyros, actuators and auxiliary power units). 10. Precision machine shop. 11. Fabrication of precision tools, dies, jigs and fixtures for use in business. 4. DISCUSSION: Note findings 5. FINDINGS: Commissioner Longmoor advised the Commission that the uses requested in this application were previously approved on a conditional permit presented to the Orange County Planning Commission. A use.permit is now required since this area has been annexed to the City -of Newport Beach and is in an Unclassified District. Commissioner Longmoor recommended approval and pointed out that the applicant in his application • stated that all uses will conform to the requirements of the M -1 -A Ordinance. 6: On motion of Commissioner Hayton, seconded by Comm. Clemente; Use Permit 41419 was APPROVED by the following roll call vote, to wit: ALL AYES Page 13 • RESUBDIVIS,IONS #63 i. TOLIN, Ralph C.; PARKER, Evans G. and VOGEL, John F. 2403 - 2407 - 2404 -2408 Margaret Drive 2. Portion of.Lot 27 Tract 1880 Zone..R -1 3. Applicant desires to resubdivide this parcel so as to create four R -1 building site -s. 4. After considerable discussion with the applicant, on motion of Commissioner Sturtevant, seconded by Comm. Rudd and carried, Application #63 was set over until.the next regular meeting in order that the applicant could furnish the Commission with a plan for the improvement of Margaret Drive as requested by the City Engineer. 1. REAMES, Nelson B. 247 and 251 Ocean View #64 2. Lots 32: and 33 Tract 1133 Zone R -1 3. Applicant desires to resubdivide these two parcels so as to create four • R-1 building sites. 4. DISCUSSION: Note findings 7. FINDINGS: After considerable discussion with the applicant regarding the deed restrictions of this property, on motion of Commissioner.Copelin, seconded by Comm. Rudd and carried, the hearing on this application was set over until the next regular meeting in order that the applicant could meet with Comm. Copelin regarding certain tract restrictions. A determination will be made by Comm. Copelin whether the resubdivision request is in order. #65 1. GARRICK, Charles S. 3401 Ocean Blvd. 2. 27' of Lot 15 and Lot 16 Tract 1026 Zone R -1 3. Applicant desires to resubdivide this parcel so as to create two R -1 building sites. 4. DISCUSSION: Speaking in protest of the resubdivision of this parcel was Mr. T. A. Atkinson who resides on Ocean Blvd. and Mr. Frasier who has a residence on Breakers Drive. They stated that a resubdivision application for the division-of this parcel was previously denied by the Commission and should be denied at this time, based on the same findings as before. Page 14 • RESUBDIVISIONS #65 con't 5. FINDINGS: Based upon the evidence on file and the oral arguments presented at this hearing, the Commission recommended denial of this application and stated that the same findings exist at this time as stated in the decision of the Commission on July 25, 1955, which are as follows: 1. The construction of two buildings upon 1'k lots will be injurious to the property and improvements of property owners in the vicinity. 2. Serious traffic problems and increased parking problems will result from allowing more family units in the area. 3. Would be detrimental to property owners. 6. On motion of Commissioner Hayton, seconded by Comm. Clemence, Resub- division #65 was DENIED by the following roll call vote, to wit: ALL AYES AMENDMENTS • #46 Second hearing on Resolution of Intention #619 and Amendment 146 to amend Sections 9250.4, 9251.4 and 9253.52 of Article IX� of the Municipal Code. On motion of Commissioner Copelin, seconded by Comm. Hayton, it was moved that Sections 9250.4 and 9251.4 of Article IX'k be approved as rewritten to include the words, "or lease" and that this amendment be forwarded to the City Council with a recommendation for adoption. Said motion was carried by the following roll call vote, to wit: ALL AYES On motion of Commissioner Hayton, seconded by Comm. Copelin and carried, the Commission moved that the proposed amendment of Section 9253.52 of Article IX'k be carried over until the next regular meeting. #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 Second 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 rapid developments both industrially and otherwise in this immediate area in the foreseeable future. 0 • Page 15 AMENDMENTS #47 cont' 6. DISCUSSION: Persons protesting the rezoning of Blocks 131 and 132 at the hearing on February 20, 1958, by the Commission were again present and gave the same objections which are as follows: 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. In addition to the foregoing, Mr. Dana Smith, attorney representing one of the property owners, stated that a large percentage of these lots if zoned R -3 could not meet certain requirements of the zoning ordinance; namely, square footage or garage space requirements. 7. FINDINGS: The findings which are attached to the application are hereby incorporated by reference and made a part hereof as though set forth in full. 8. On motion of Commissioner Copelin, it was moved the Commission recommend to the City Council the DENIAL of Amendment #47, seconded by Comm. Hayton and carried by the following roll call vote, to wit: ALL AYES #48 1. BRADLEY CO., The 2. Tract 1396 Zone: Unclassified 3. Posted February 10, 1958 Published February 10, 1958 Second Hearing 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. DISCUSSION: Commissioner Sturtevant who is the owner of this property to be rezoned requested that the Commission hold the applic- ation over for a third hearing at the next regular meeting of the Commission. 7. On motion of Commissioner Hayton, seconded by Comm. Clemence and carried is Amendment 448 was set over for a third hearing at the next regular meeting of the Commission. . Page 16 FINAL MAP #1645 Presented to the Commission by the Director of Public Works, J. B. Webb, was the Final Map of Tract #1645. This tract consisting of 85 residential lots will be an addition to the Harbor Highlands area. On motion of Commissioner Hayton, seconded by Comm. Rudd and carried, the Final Map of Tract #1645 was approved, subject to the following conditions.: 1. That all conditions as outlined in letter dated March 20, 1958, signed by J. B. Webb, Public Works Director, be complied with. 2. That all conditions stipulated at the time of the approval of the Tentative Map, considered by the Planning Commission on January 16, 1958, be complied with. The-Commission received from the City Engineer a letter dated March 20, 1958, signed by Austin Sturtevant and Walter B. Mellott which sets forth the following: "We agree to install a bridge to .extend Mariners Drive across the Orange County Flood Control Channel at such time as Dover Drive is extended and improved from 17th Street to Irvine Avenue westerly of said channel and /or Mariners Drive is extended and improved to Irvine Avenue." • The Commission accepted this communication and on motion of Commissioner Copelin, seconded by Comm. Hayton and carried, said letter was filed and made part.of the records regarding Tract #1645. ADDITIONAL BUSINESS 1. Presented to the Commission was a letter dated March 6, 1958, signed by Mr. Harry Kelso and'others regarding Variance #440 which was approved by the Commission on February 20, 1958. Said letter requests that Variance #440 be amended by deleting the 4' encroachment into a 4' required .side yard at the NWly side of subject property. On motion of Commissioner Copelin, seconded by Comm. Hayton and carried, the Commission moved that Variance #'440 be reconsidered. On motion of Commissioner Copelin, seconded by Comm. Hayton and carried, Variance #440 approved by the Commission on February 20, 1958, was amended to delete the 4' encroachment on the NW1y side of subject property. 2. Read to the Commission was a memorandum dated March 13, 1958, signed by the City Manager regarding a precise plan to the Street and Highway Plan of the Master Plan for the handling of traffic at the intersection of 17th Street and Dover Drive. ,After a discussion with the City Manager, Chairman Longmoor appointed . City Engineer Webb who will appoint others to serve on a committee with him regarding the recommendation of the City Manager. It was suggested by Commissioner Longmoor that an effort be made by this Committee to secure from the Irvine Co. a master plan of their streets And highways. 0 Page 17 3. Referred to the Commission was a memorandum dated March 10, 1958, signed by the City Attorney regarding a proposal to change the name of Bonita Lane in Tract 3004 to Dorothy Lane. On motion of Commissioner Hayton, seconded by Comm. Copelin and carried, the Commission found no objections to the street name change. 4. Received by the Commission was a request from the Planning Commission, City of Costa Mesa, regarding certain property, described as a portion of Lot No. 227 in the Newport Heights Tract, which has been requested by the owner to be annexed to Costa Mesa. On motion of Commissioner Hayton, seconded by Comm. Rudd and carried, the Commission found no objections to this parcel of land being annexed to the City of Costa Mesa. 5. The City Attorney presented to the Commission a memorandum dated March 13, 1958, having reference to Ordinance #842 pertaining to penny arcades. The City Attorney advised that it was the wish of the City Council to ascertain from the Commission whether they had any suggestions or recommendations to make prior to the adoption of said ordinance. • A long discussion was held with the City Attorney and the City Manager regarding this proposed ordinance and the Commission pointed out that circuses, carnivals, fun zones, private recreation centers and similar establishments must obtain a use permit from the Planning Commission be- fore they can begin operation. The penny arcades and similar businesses now operating in the Balboa area are legal non - conforming uses because they-existed prior to the date Section 9105.1 of the Municipal Code became law. 0 On motion of Commissioner Rudd, seconded by Comm. Hayton and carried, the Commission found and determined that Ordinance #842 regarding penny arcades was satisfactory so long as it did not constitute legislation on zoning. On motion of Commissioner Hayton, seconded by Commissioner Copelin and carried, the meeting was adjourned. Ray Y. Copelin Secretary