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HomeMy WebLinkAbout04/17/19586. DISCUSSION: This application was set over from the last regular meeting . of the Commission so that the applicant or his representative could submit an amended plot plan Showing ingress and egress to parking facilities on the premises and a title report showing certain easements. Mr. Frank Parker addressed the Commission and approximately one and one -half hours were devoted to a discussion with - 1 - MINUTES; REGULAR PLANNING COMMISSION MEETING CITY HALL COUNCIL CHAMBERS NEWPORT BEACH CALIFORNIA April 17, 1958 8:00 P.M. ROLL'.CALL :. Commissioners Present: Longmoor, Rudd, Hayton, Copelin, Keene, Clemence and Sturtevant, Lind and.Smith Commissioners Absent: None Minutes of the regular meeting on March 20, 1958, were approved as recorded an motion of Commissioner Copelin, seconded by Comm. Rudd, and carried. „y Prior to the opening of the regular meeting by Commissioner Longmoor, Commissioner#;_;;, Hayton requested that he be permitted to read two letters addressed to Comm- ? issoner Longmoor which were as follows: I. Letter from Mayor Dora Hill complimenting the Commission on the excellent work that had been accomplished by them during her term of r; office. A s?' 2. Letter from Mr. Edward Montgomery, General Counsel, Aeronutronic Systems, Inc., thanking the Commission for the assistance rendered their organization in helping to locate their development in the Upper gay area. v 54 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: This application was set over from the last regular meeting . of the Commission so that the applicant or his representative could submit an amended plot plan Showing ingress and egress to parking facilities on the premises and a title report showing certain easements. Mr. Frank Parker addressed the Commission and approximately one and one -half hours were devoted to a discussion with - 1 - 0 • i Mr. Parker and others regarding the easements on the vacated portion of Carnation Avenue. Documents presented revealed that cross- easements existed from the beginning of the NEly line of Seaview Avenue to the NEly line of Lot 18, Block 23L The Commission advised the applicant that they could not or would not create a hardship to other property owners in the area by approving the plans showing a building to be placed over certain sections of the easements. .It was suggested that the variance application be set over for a third hearing and in the interim that the applicant submit revised plans showing a replacement of the building now shown as being over the easements. 7. On motinn of Commissioner Lind, seconded by Comm. Hayton and carried, Variance #454 was set over until the next regular meeting of the Commission. Variances 41458 and 1460 Commissioner Longmoor requested the Commission hold the public hearing on Variances #458 and #460 simultaneously as they were similar requests. #458 1. RYPINSKI, Mrs. Florence 2517 - First Ave., Corona del Mar 2. 45' of Lots 2, 4, 6, 8, 10 Block 331 Zone R -2 3. Posted April 9, 1958 Published April 9, 1958 4. A 15' encroachment into a required 20' front yard setback. 5. Extreme incline condition of property would require major excavation and retaining walls. 6. DISCUSSION: Mr. Buttermore, 560 Seaward Road, representing the applicant, addressed the Commission and stated that the request for a 5' front yard setback was necessary due to a sharp cliff existing to the rear of the building site which would prohibit them from building.a dwelling if a 20' setback was required. Presented to the Commission was a letter dated April 17, 1958, addressed to the Commission signed by Tom Norton, Chairman of Parks, Beaches & Recreation Commission which read in part as follows: "Any variance of this nature will establish a precedent for the whole area and any variance of this type would result in the practical abandonment of all front -yard setbacks, with unsightly crowding on the adjacent city - owned area ". -2- $458 con't "Furthermore, there are precise plans for the development of this city -owned property for recreational use. Any variance of the private property abutting will greatly jeopardize this development." 7. FINDINGS: Commissioner Hayton advised that he had examined the property together with the City Engineer and representatives of the Parks,Beaches & Recreation Commission and stated that in his opinion, if a 5' front setback was permitted there would not be any area for recreational purposes on the premises. He pointed out that in the immediate area all lots were required to have a 15' front yard setback and that this applicant should adhere to the pattern already established. Commissioner Hayton moved the Commission approve a 5' encroach- ment into a required 20' front yard.setback, seconded by Comm. Rudd and carried by the following roll call vote, to wit: ALL AYES 1959 1. HARTMAN, Kenneth L. (Irvine Co.) 2822 Bayshore Drive 2. Lot I Tract 3277 zone: Unclassified • 3. Posted April 9, 1958 Published April 9, 1958 4. Relief under Section 9105.4(h), Paragraph 4, of the Swimming Pool Ordinance pertaining to fences, a zero rear yard setback and an encroachment to the property.line for an eave overhang on the front of the property. 5. A. I,do not want to obstruct a wonderful view, which is the value of the lot, with a fence. B. The houses down the street have a zero setback and it is the intention of the Irvine Co. to continue this setback line down to and including the lot under discussion. C. The Irvine Co. has approved my plans as such and have stated in the letter described to you that they have no objections to this planned overhang. This overhang would be a great asset to my home by pro- tecting it from the severe sun and water glare. 6. DISCUSSION: Note findings 7. FINDINGS: Commissioner Lind stated that he had examined the property and the evidence on file and that after careful consideration of the oral arguments presented at the meeting, he would make the following recommendations: 1. The Swimming Pool Ordinance requires a 10' setback from • the front property line and the applicant has shown no hardship as required under Section 9106.31 of the Newport Beach Municipal Code to deviate from this requirement. -3- • is i #459.con't 2. The Swimming Pool Ordinance requires a 5'.fence and because the swimming pool is proposed to be located within the front yard setback, a 5' fence would be prohibited as set forth in Section 9105.2(b) of the Newport Beach Municipal Code. This section permits a 3' fence only within a front yard setback. 3. The Commission has established a policy of not permitting eave overhangs in excess of 2'6" which is allowed under Section 9105.4 of the Newport Beach Municipal Code. 4. Since the Irvine Co. has requested that a zero setback be established on the property line abutting Bayshore Drive, the Commission should favor the request to construct the dwelling as shown on the plot plan within 2' of the rear property line. 8. Commissioner Lind moved the Commission deny the eave encroachment, the request for delineation of a fence as required by the Swimming Pool Ordin- ance and approve the request for a rear yard setback as shown on the plot plan attached to the application, seconded by Comm. Keene and carried by the following roll call vote, to wit: ALL AYES. 1. SIMPSON, Fred 2. 40 ft. of Lots 2, 4, 6, 8, 10 3. Posted April 9, 1958 #460 2515 First Ave., Corona del Mar Block 331 CdM Tract Published April 9, 1958 4. 15' encroachment into a required 20' front yard setback. Zone R -2 5. Extreme incline condition of property would require major excavation and retaining walls. 6. DISCUSSION: Note findings 7. FINDINGS: The hearing on this application was held at the same time Variance #458 was considered and the findings are hereby incorporated by reference and made a part hereof as though set forth in full. 8. Commissioner Hayton moved the Commission approve an encroachment of 5' into a required 20' front yard setback, seconded by Comm. Rudd and carried by the following roll call vote, to wit: ALL AYES -4- 0 0 LJ 1. BABSON, Edward J. 2. Lot 3 3. Posted April 9, 1958 A61 487 Morning Canyon Rd., Corona del Mar Tract 1237 Zone R -3-B Published April 9, 1958 4. A 10' encroachment into a required 20' front yard setback. 5. The physical terrain of the property (canyon) causes undue hardship in construction, with the 20' setback. Also, the property adjacent has a' 10' setback; thus, with your granting of this variance my development would be in line with existing buildings and would make a better appearance. 6. DISCUSSION: Note findings 7. FINDINGS: A 20' front yard setback is required as there has not been designated on the District Map a setback for this parcel. The properties to the north of this lot have a 10' setback and Commissioner Hayton recommended that the Commission approve this request so that it would conform to the setbacks already established in this Tract. 8. On motion of Commissioner Hayton, seconded by Comm. Lind, Variance #461 was APPROVED by the following roll call vote, to wit: ALL AYES USE PERMITS #414 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 4. Construction of 9 units on an R -3 lot. 5. DISCUSSION: Note findings 6. FINDINGS: Commissioner Lind stated that this parcel has approximately 21,000 square feet and that the request for nine units would meet the requirements of Section 9103.35 of the Newport Beach Municipal Code which requires 1,000 square feet for each dwelling unit. 7. Commissioner Lind moved that Use Permit 11414 be APPROVED, seconded by Comm. Smith and carried by the following roll call vote, to wit: AYES: Sturtevant, Copelin, Keene, Smith, Lind and Hayton NOES: Longmoor, Clemence and Rudd ABSENT: None -5- . 1. BURGESS, Matilda 1601 and 1603 Balboa Blvd. #420 2. Lots 28 and 29 Block 16 Section B Zone R -3., 3. Posted April 10, 1958 4. Request permisssion to build four dwelling units on two R -3 building sites. 5. DISCUSSION: Note findings 6. FINDINGS: After a review of all the evidence on file and oral arguments presented at the meeting, the Commission found and determined that the requirements of Section 9106.23 of the Newport Beach Municipal Code had been complied with and recommended approval, subject'to the condition that the rear yard setback be 5', the side yard setbacks be 4', and the garage width comply with the new amendments to the Zoning Ordinance. 7. On motion of Commissioner Smith, seconded by Comm. Sturtevant, Use Permit -6- #420 was APPROVED, subject to the above conditions by the following roll call vote, to wit: ALL AYES #421 • 1. NEUMANN, Reinhold 730 Tustin Ave., Newport Beach 2. Lot 37 Newport Heights Tract Zone: Unclassified 3. Construction of a duplex in a U Zone on a lot 80' x 240'. Also to be constructed under this permit is a separate one -car garage. When completed lot will have three duplexes and six garages, plus additional paved area for off- street parking. Old non - conforming barn has been destroyed as per request. 4. DISCUSSION: This application was before the Planning Commission at their regular meeting of March 20, 1958; however, the applicant contended that information on his application was incorrect and that when the proposed duplex was completed there would be on this one large parcel 3 duplexes and 6 garages. The information contained in the previous application stated that there would be two duplexes and one single family dwelling. 5. FINDINGS: Commissioner Copelin stated that this is a very large parcel and that the square footage requirements for a multiple dwelling development were complied with and that the applicant would meet the requirements of Section 9106.23 of the Newport Beach Municipal Code. 6. On motion of Commissioner Rudd, seconded by Comm. Copelin, Use Permit #421 was APPROVED by the following roll call vote, to wit: ALL AYES -6- #422 • 1. MULLAN,. Jack W. - Realtor North of 23rd St. between Tustin & Irvine Aves. 2. All lots Tract 3138 Zone R -1 3. Permission to erect two temporary subdivision signs not to exceed 10' x 30' and permission to establish a tract sales office in Tract 3138. 4. DISCUSSION: Note findings 5. FINDINGS: Temporary subdivision signs and tract offices may be permitted in new subdivisions, subject to first securing a Use Permit in each case. Commissioner Clemence recommended that this appli- cation be approved, subject to the following conditions: (1) Signs must not be larger than 80 sq.ft.. (2) Signs must not be located closer than 20' to property line. (3) Granted for a period of one year only. 6. On motion of Commissioner Clemence, seconded by Comm. Rudd, Use Permit $422 was APPROVED, subject to the above conditions, by the following roll call vote, to wit: ALL AYES #423 • 1. HILL- CUNNINGHAM AUTOMATIC PILOT CO. P.E. Right -a -Way 2. Zone: Unclassified 3. Permission to maintain two signs 4' x 8' on property located approximately in the 6000 block between State Highway 101 and Seashore Drive. 4. DISCUSSION: Note findings 5. FINDINGS: Commissioner Copelin stated that he had examined this property and that the signs were erected without a building permit from the Building Dept. or a Use Permit from the Planning Commission. He further stated that the Commission has consistently denied billboard type signs and that this application for two signs should be denied. Commissioner Copelin further suggested that the Planning Office investigate this area to determine if other signs were erected without first securing a Use Permit. 6. On motion of Commissioner Copelin, seconded by Comm. Rudd, Use Permit I423 was DENIED by the following roll call vote, to wit: ALL AYES 1. HARBOR DEVELOPMENT CORP. 4601 W. Coast Highway #424 2. A portion of the Banning Tract approximately 700 ft, west of Tract 1011, (Balboa Coves) bounded on the north by Coast Highway and the West by Balboa Blvd, and on the south by a portion of Block 145, Banning Tract. -7- #424 con't . 3. Posted April 11, 1958 4. Construction of a display building for the purpose of conducting first class retail boat sales. 5. DISCUSSION: Note findings 6. FINDINGS: The Commission found and determined, after a review of the evidence on file and the oral arguments presented at the meeting, that the applicant had met the requirements of Section 9106.23 of the Newport Beach Municipal Code and recommended approval of this application. 7. On motion of Commissioner Copelin, seconded by Comm. Rudd, Use Permit #424 was APPROVED by the 'following roll call vote, to wit: ALL AYES #425 1. HUNT, Willis E. 320 W. Coast Highway 2. Portion of Lots 6, 7 and 8 Tract 1210 Zone C -1 -H 3. Posted April 11, 1958 • 4. Retail sales and service of boats, outboard motors and marine supplies. 5. DISCUSSION: Note findings 6. FINDINGS: The Commission found and determined, after a review of the evidence on file and the oral arguments presented at the meeting, that the applicant had met the requirements of Section 9106.23 of the Newport Beach Municipal Code and recommended approval of this application. 7. On motion of Commissioner Smith, seconded by Comm. Copelin, Use Permit #425 was APPROVED by the following roll call vote, to wit: ALL AYES RESUBDIVISIONS #63 1. 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 sites. • 4. DISCUSSION: Commissioner Sturtevant stated that upon a review of the evidence on file and a discussion with the City Engineer that the appli- cant had not presented to the City Engineer the evidence re- quested at the last regular meeting and therefore, this appli- cation should be set over for consideration at the next meeting. _g_ • • 1. BABSON, Edward J. 2. Lot 3 RESUBDIVISIONS #66, 487 Morning Canyon Rd., Corona del Mar Tract 1237 Zone R -3 -B 3. Posted April 9, 1958 4. Applicant desires to resubdivide this parcel so as to create two R -3-8 building sites. 5. The rental return from the three units permitted under present zoning limitations makes it impossible to realize the return of my investment on such an improvement. Also, I cannot sell my property without financial loss knowing that no other type of development is permitted. Since there is sufficient square footage (21,242), with approval, I can build six units (3 on each lot) in order for me to recapture my investment without loss. 6. DISCUSSION: Note findings 7. FINDINGS: The Commission found and determined that the resubdivision plot plan as amended complied with the requirements of the subdivision ordinance for the City of Newport Beach and the R -1 -B zoning requirements and recommended approval. 8. On motion of Commissioner Keene, seconded by Comm. Lind, Reaubdivision #66 was APPROVED.by the following roll call vote, to wit: ALL AYES #46 Continued hearing on Resolution of Intention 41619 and Amendment #46 to amend Section 9253.52 of Article IXk of the Municipal Code pertaining to subdivisions. On motion of Commissioner Keene, seconded by Comm. Copelin and carried, Amend- ment #46 was set over for another hearing at the next regular meeting of the Commission. 1. BRADLEY CO., The 2. Tract 1396 3. Posted February 10, 1958 -9- #48 Zone: Unclassified Published Feb. 10, 1958 Third Hearing 4148 cont • 4. The petitioner desires to amend Section 9103.8 of Ordinance 41635 so as to cause this property to fall within an R -1 and R -4 District. 5. Petitioner declares that property is to be for single family and multiple residential uses. 6. DISCUSSION: The applicant requested that his application be set over for a fourth hearing on May 15, 1958. 7. On motion of Commissioner Clemence, seconded by Comm. Rudd, Amendment #49 was set over for another hearing at the next regular meeting of the Commission. ADDITIONAL BUSINESS 1. On motion of Commissioner Lind, seconded by Comm. Hayton and carried, Resolution of Intention 11621 was adopted in order to hold one public hearing on the rezoning of the City Marinapark from an R -4 District to an Unclassified District. Highlands 2. A petition from certain property owners in Corona/ requesting that Lots 2 & 3, Tract 1237 be zoned from an R -3 -B to an R -2 -B was presented to the Commission. On motion of Commissioner Copelin, seconded by Comm. Keene and carried, said petition was ordered filed. • 3. A letter dated March 29, 1958, signed by Sheldon F. Craddock, commending the Commission on the denial of an application for a motel on Lot 3, Tract 1237, Corona del Mar was read to the Commission. On motion of Commissioner Copelin, seconded by Comm. Keene and carried, said letter was ordered filed. 4. Presented to the Commission was a letter dated April 1, 1958, signed by Mr. R. L. DeRuff, Civil Engineer for the Irvine Co, regarding front yard setbacks in Tract 3277, said letter requested that a zero setback be established on the property line facing Bayshore Drive. On motion of Commissioner Smith, seconded by Comm. Clemence and carried, Resolution of Intention 41622 was adopted in order to hold one public hearing to amend City of Newport Beach District Map 4123 to show a zero setback on the property line abutting Bayshore Drive in Tract 3277. f 5. Presented to the Commission was a letter from Mr. Nelson B. Reames request- ing that Resubdivision 4164 considered by the Commission at their last regular meeting be withdrawn. On motion of Commissioner Copelin, seconded by Comm. Rudd and carried, Resubdivision #64'was withdrawn and ordered filed. 6. On motion of Commissioner Rudd, seconded by Comm. Hayton and carried, Resol- ution of Intention 41623 was adopted in order to hold one public hearing on a proposed sign ordinance drafted by the Architectural Control Committee. Business at hand being declared completed, the meeting was adjourned on motion of Commissioner Hayton, seconded by Comm. Copelin and carried. i��l�Pl� Ray Y. Copelin Secretary -10-