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HomeMy WebLinkAbout05/15/1958ROLL CALL : Commissioners Present: Longmoor, Rudd, Aayton, Copelin, Keene, Clemente and Sturtevant, Lind and Smith Commissioners Absent: None Minutes of the regular meeting on April la, 1958, were approved as recorded on motion of Commissioner Rudd,:seconded by Commissioner Smith and carried: AMEi�MB�4T #51''. -: :First Hearing.on Resolution.of Intention #623 and Amendment #51 to amend the Newport Beach Municipal Code by adding regulations governing signs. Notification of this amendment to_.the Code was published in the Newport Harbor Press on April 30, 1958, and on April 22, 1958,. approximately 50 copies of,,the proposed Sign Ordinance, prepared by the Architectural Control Committee, were mailed to sign organizations and local Improvement Associations. After much discussion the following recommendations were made: (a) Jack Hubbard of the Southern California Electric Sign Co. stated, "We realize new ordinances are over restrictive to begin with, but do favor proper regulation of signs, and any way we can help as an association we will be glad to cooperate." (b) Fred and Bob Powell of Neon Sign Co., Santa Ana thought neon tubing outlining a building should be construed as lighting, not as a sign, therefore, not subject to regulations of the Sign Code. (c) Mrs, M, J. Bengochea, 201 Santa Ana Ave.,.Newport Beach, protested that flood- lighting of signs on Coast.Highway as they blinded drivers coming down the hill. (d) Haas Broering, owner of La Contina,.3244 East Coast Highway, Corona del Mar, asked that light intensity of signs be considered and also that the amortization clause of the Code be given careful study. (e) John'vogel stated, "Property owners should control the size of their own signs." 1- The following people requested.that the consideration of the proposed sign ordinance be set over until the next regular meeting of the Planning Commission. Braden Finch, Corona del Mar Chamber of Commerce; Dr. Ernest Laby, Central .Newport Improvement Association; Pete Geddes,'Newport Barbor Board of Realtors, and Hugh Mynatt, Newport Harbor Chamber of Commerce. Commissioner Longmoor recommended that all parties concerned file their suggestions with the Planning Office in writing prior to the next meeting of the Planning Commission for study. On motion of Commissionet Lind, seconded by Comm. Smith and carried, Resolution of Intention #623 and Amendment #51 was set over until the next regular meeting of the Commission. 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 W. 6. DISCUSSION: This application was held over from the last regular meeting so that the applicant could submit amended plans showing a replacement of the building now shown as being over cross easements. Mr. Frank Parker submitted a declaration of Intention and State of Agreement to the Commission. These documents were submitted in lieu of moving.the buildings off of the,ease- ment as requested by the Commission at their last meeting. Said documents carried the names of the.four property owners holding cross easements to the Ross',property. Only two of the parties involved had 'signed the agreement at the time of the meeting, Mr. Harvey Pease and Mr. & Mrs. Vern Bengtson. Mr. R. L. Lawrence stated he could not sign because he was only a one -half owner of his property, but that-he would like to see the Ross' project go up although he was concerned about the parking problem.. Mr. Oldenburg stated he was against the project.: Mrs.. Burton of 2929 Ocean Blvd. wanted Mr. Parker to show what hardship there was to subject property. Commissioners Hayton and Keene agreed that Mr. Parker should define the hardship to subject property. Mr. Parker stated that to remove the top floor in order to conform to the permitted height would create a financial hardship and the.proposed project could not be undertaken. - 2 - • V -454 con't 7. FINDINGS:. After much discussion of the project both pro and con by Mr. Harvey Pease, Mrs. Robert Horn and others:; Commissioner Lind stated that the applicant had met the requirements,of. Section 9106.3 of the Newport Beach Municipal Code and made a motion that Variance No. 454 be APPROVED, subject to the condition that a 10' rear yard setback be maintained.. Said motion was seconded.by Comm. Smith but not carried by the following roll call vote,to wit;` AYES: Lind and Smith NOES: Clemence, Hayton, Keene, Longmoor, Rudd, Sturtevant, ABSENT: None and Copelin #462 1. MATULICH, George 210 - 21st St. 2. Lots 21, 22, 23 Block 220 Section A Zone C -1 3. Posted May.5, 1958 Published May 7, 1958 4. (1) 12' encroachment into a required 20' front yard setback. (2) l' encroachment into a 4' required side yard setback. . (3) 9' separation between buildings instead of the required 101. 5. Would make rooms too narrow as we need four bedrooms and would have a hard time putting required furniture in them. • 6. DISCUSSION: Commissioner Copelin and Rudd stated they had investigated the property and found many residential units in this commercially zoned district. These residential units.we're' found to have varying front yard setbacks (from 0' to 161). No objections were voiced from the floor by other property owners concerned with this project. 7. FINDINGS: Since the subject area is becoming more residential in character and some lots could not-stand the automatic 20' setback, this would be a good time to set a policy of granting a 10' front yard setback on this street. The Commission stated that #2 and #3 of this application did not meet the requirements of Section 9106.3 of the Newport Beach Municipal Code and recommended denial. S. On motion of Commissioner Copelin, seconded by Comm. Rudd, it was moved to APPROVE a 10' front yard setback, DENY the request for a 3' side yard setback and a 9' separation between dwelling. Said motion was carried by the following roll call vote, to wit: ALL AYES - 3 - VARIANC$ • #463 .. .. 1, BREMER, Warren L. 308 and 310 Dahlia Pl., Corona del Mar 2. Lots 10 and 12 Block 232 Section: CdM Resub. CdM tone R�3 3. Posted May 5, 1958 Published May 7, 1958 4. A waiver of minimum square footage requirement from 7,200 to 7,080 sq* ft, for construction of six units (plot plan shows exactly one -half of lot provides for patio and yards) 5. Two adjacent lots purchased on basis of construction of.six units and price commensurate with that return. Are within 120 sq. ft. of new minimum requirements. 6. DISCUSSION: Commissioner Longmoor stated that in addition to ;Variance Application #462, there was.on file ,a Use Permit Application #427 and that they. should be. considered simultaneously. Read by Commissioner Copelin, was, a. letter dated May 9,. 1958, from Mrs. Edith L.. Rehnborg, 2660 Ocean,Blvd., stating her . opposition to the waiver.of square footage requirements., Mrs. Robert Horn and Mr. Harvey Pease asked Mr. W...Gainer, representative of the applicant, to describe the type of project. Mr. Gainer explained that this type development would be more desirable than .3 units on each lot and that similar improvements existed in the "neighborhood. 7. FINDINGS: The Commission found that this type of development would be more desirable than 3 units on each lot and..that it would tend to up- grade surrounding property. On motion. of Commissioner Sturtevant, seconded by Comm: Hayton, Variance #463 was APPROVED by the following roll call vote, to wit: ALL AYES #404 1. MACLEISH, Frances E. 627 W. Bay Ave., Balboa 2. Lots 14 and 15 Block 4 East Newport Tract Zone R -2 3. Posted May 5, 1958 Published May 7, 1958 4. Encroachment of 3' into a required front yard setback of 10' for construction of a bay window. 5. Inadequate dining space. 6. DISCUSSION: Note findings 0 - 4 #464 con'.t is 7. FINDINGS:. The Commission on recommendation of Commissioner. Lind found that this variance would not cause any hardship to surrounding . property owners and recommended approval. 8. On motion of Commissioner Lind, seconded by Comm. Smith, Variance #464. was APPROVED by the following roll call vote, to wit: ALL AYES: 1. LAKEWOOD MARINA 2902 W. Coast Highway USE PERMITS #426 2. Lot F Tract 919 Zone C-2-H: 3. Applicant wishes to use the building now located on this parcel for:boat . sales and a showroom. He advises that all business will be conducted, . inside the building with a minimum amount of 'touch -up' work being: One under cover on the rear of the property. 4. DISCUSSION: Note findings 5. FINDINGS: . Upon an investigation of this property the Commission found that adequate parking would be provided, that the requirements of Section 9106.23 of the Newport Beach Municipal Code.had • been met and recommended approval of.the application for boat sales. . 6. On motion of Commissioner Clemence, seconded by Comm. Copelin, Use Permit #426 was APPROVED by the following roll call vote, to wit: ALL AYES #427. . 1. BREMER, Warren L.. 308 and 310 Dahlia PI., Corona del Mar 2. Lots 10 and 12 Block 232 CdM Section Resub. CdM Zone .R- 3:..,. 3. Posted May 5, 1958 4. Construction of six units on two R -3 parcels. 5. DISCUSSION: Note findings 6. FINDINGS: The findings as set forth in Variance #463 are hereby, incorporated by reference and made a part hereof-as though. set forth in full. The Commission stated that the new ordinance requires a 10' setback from the rear property line; however, since all other developments in the neighborhood, are within 5' of the rear property line with a second floor overhang into the 5' setback, it was felt that the setbacks as shown on the plot plan attached to the application should • be approved. 7. An motion o£ Commissioner Sturtevant, seconded by Comm. Hayton, Use Permit #427 was APPROVED by the following roll call vote, .to. wit: ALL AYES - 5 - USE PERMITS • #428 1. ALLER, Robert 107 - 219t P1. 2. Lot 18 Block 21 Newport Beach Tract Zone C -1 3. Dancing in rear room. 4. Since the applicant was not present, Commissioner Hayton made a motion that Use Permit -1428 be set over until the next regular meeting of the Planning Commission, seconded by Comm. Copelin and carried. Commissioner Sturtevant left the rostrum at this time.. #429 1, STURTEVANT, Austin 2. Lots 1 thru 27 Tract 1893 Zone R -3 3. Construction of six dwelling units on each lot, also be able to cross common building lines to construct a 12 -unit building on two lots, an 18 -unit building on 3 lots, etc. 4. DISCUSSION: Note findings • 5. FINDINGS: This Use Permit was submitted at the request of the Commission so that the applicant could establish multiple dwellings on these lots which are to be zoned R -3. The Commission recommended approval of the application as submitted. 6. On motion of Commissioner Lind, seconded by Comm. Hayton, Use Permit #429 was APPROVED by the following roll call vote, to wit: ALL AYES #430 1. STURTEVANT, Austin 2. Lots 1 thru 27 Tract 1893 Zone R -3 3, Real Estate directional signs not to exceed 80 sq. ft. each at intersection of 17th & 16th Streets and one sign same dimensions at 17th and Irvine in connection with closing of 17th Street for relocation. 4. DISCUSSION: Note findings 5. FINDINGS: The Commission found and determined that Use Permit #430 met conditions set forth in Section 9105.1 of the Newport Beach Municipal Code and recommended approval. 6. On motion of Commissioner Rudd, seconded by Comm. Clemente, Use Permit #430 was APPROVED for a period of one year by the following roll call vote, . to wit: ALL AYES Commissioner Sturtevant returned at this time. - 6 - • USE PERMITS #431 1. BAYSHORE BOAT RENTALS 100 E. Coast Highway 2. Lot 171 Block 54 Irvine Subdivision Zone: Unclassified 3. Marine Service Station 4. DISCUSSION: Commissioner Clemence asked if Mr. Ralph Duke, 100 E, coast Highway, had talked to the Fire Marshall regarding his application. Mr. Duke said he had and that the Fire Marshall had approved his permit. He also further stated he would be glad to fulfill any requirements the Commission cared to make. 5. FINDINGS: Since subject area is in an unclassified zone, a Use Permit is required under Section 9103.8 of the Newport Beach Municipal Code. Commissioner Clemence recommended that the application be approved and suggested a flexible connection be installed from.the pier to the dock, subject to approval by the Fire Dept. 6. On motion.of Commissioner Clemence, seconded by Comm. Copelin, Use Permit • #431 was APPROVED by the following roll call vote, to wit: ALL AYES #46 Continued hearing on Resolution of Intention 4619 and Amendment #46 to amend certain sections of Article IX'k of the Newport Beach Municipal Code pertaining to subdivisions. The Commission on March 20, 1958, at a regular meeting approved Sections 9250.4 and 9251.4 of Article IX' to include the wording, "lease ". The recommendations of the Commission were forwarded to the City Council; however, on March 24, 1958, the City Council returned the recommendations of the Commission for reconsideration. It was thought that this matter should be given further study; i.e., whether it should apply to undeveloped land, etc. Commissioner Longmoor appointed Planning Assistant J. W. Drawdy and Commissioner Keene to make a further study of this matter and to submit a recommendation at the next regular meeting of the Commission. Regarding Section 9253.52 of Article IX', Commissioner Longmoor suggested that the matter of a "letter of credit" instead of a bond be referred to the City Attorney and to the City Manager for recommendation. - 7 - • AMENDMENTS #48 1. BRADLEY CO., The 2.. Tract 1396 Zone: Unclassified 3. Posted February 10, 1958 Published Feb. 10, 1958 Fourth Hearing: 4. The petitioner desires to amend Section 9103,8 of Ordinance 11635,so as to cause this property to fall within an R -I and R -4 District. 5. Petitioner declares that property is to be for single family and multiple residential uses. 6. DISCUSSION: Received by the Planning Commission was a letter dated May 5, 1958, signed by Austin Sturtevant wherein he requested' that his petition be amended to show R -1 and R -3 zoning instead of R -1 and R -4 zoning. 7. FINDINGS: Commissioner Hayton moved the Commission recommend to the City Council that Tracts 1396 and 1893 be zoned R -3 and that Tract 1896.be zoned R -1, seconded by Commissioner Smith and carried by the following roll call vote, to wit: ALL AYES • #49 First hearing on Resolution of Intention #621 and Amendment Y149 to change the zoning of the City Marinapark from a R -4 District to an Unclassified District. The new amendments to the Zoning Ordinance deletes from a R -4 District "trailer parks therefore, the City Council on March 24, 1958, requested the Commission to hold a public hearing on the matter of changing the zoning for the City Marinapark from a R -4 District to an Unclassified District. Notice of public hearing was published and the property was posted in accordance with the State Conservation and Planning Act. On motion of Commissioner Copelin, seconded by Comm. Lind, it was moved that the Planning Commission recommend to the City Council that the City Marina - park be changed from a R -4 District.to an Unclassified District. Said motion was carried by the following roll call vote, to wit: ALL AYES #50 Hearing on Resolution of Intention #622 and Amendment #50 to establish ,front and rear yard setbacks for Tract 3277. On recommendation of the Irvine Co.,.the Planning Commission initiated a • Resolution of Intention to hold one public hearing to establish front and rear yard setbacks for lots l thru 4 in Tract 3277. Notice of said hearing was duly published and posted in accordance with the State Conservation and Planning Act. AMENDMENTS' . . #50 con't On motion of Commissioner Lind, seconded by Comm. Rudd, it was moved that the Commission recommend to the City Council the establishment of a zero rear yard setback and a 10' front yard setback for lots 1 thru 4, .Tract 3277. Said motion was carried by the following roll call vote, to wit: ALL AYES #52 1. THE IRVINE CO. 2822, 2812, 2800, 2782.Bayshore Drive 2. Tract 3277 Lots 1 thru 4 Irvine's Subdivision Zone: Unclassified 3. Posted May 5, 1958 4. The petitioner desires to amend Section 9103.8 of the Newport Beach Municipal Code so as to cause this property to fall: within a R -1 District. 5. Commissioner Rudd moved the Commission recommend to the City Council the change in zoning from an Unclassified District to a R -1 District on Lots 1 thru 4, Tract 3277, seconded by Commissioner Copelin and carried by the following roll call vote, to wit: ALL AYES TENTATIVE MAPS • #3357 and #3358 Submitted to the Commission was a revised copy of the-Tentative Map of Tracts 3357 and 3358, being a subdivision of a portion of Block 95 of Irvine's Subdivision. On motion of Commissioner Hayton, seconded by.Comm. Smith and carried, the revised Tentative Map of Tracts 3357 and 3358 was APPROVED, subject to the .following conditions: 1. The uncompleted requirements as set forth in a letter dated February 20, .. 1958, signed by the.City Engineer must be complied with. 2. Subdivider must specify and file with the Commission designations on which street lots will front. 3. Subdivider must file with the Planning Commission a map showing tract restrictions regarding the building setback line for each lot.. 4: Sidewalk requirements for the bluff side of the streets are waived in accordance with the recommendations of the City Engineer. RESUBDIVISION #63 1. TOLIN, Ralph C.; PARKER, Evans G. & VOGEL, John F. 2403 -2407- 2404 -2408 Margaret Drive • 2. Portion of Lot 27 Tract 1880 Zone R -1 RESUB, #63 coot 3. Applicant desires to resubdivide this parcel so as to create four R -1 • building sites. 4. DISCUSSION: This application was set over from the last regular meeting so.that the applicant could furnish the City Engineer certain maps showing street alignments, etc. 5. FINDINGS: The applicant having furnished certain information required by the City Engineer, the Commission recommended Chat this . resubdivision application be approved, subject to the following conditions: 1. An amended map must be filed showing alignment of proposed street as required by City Engineer. 2. Subdivider must enter contract and file bond to guarantee improvements. 3. Subdivider must convey street easement to the City. 6. On motion of Commissioner Sturtevant, seconded by Comm. Hayton, Resub- division 1163 was APPROVED, subject to the above conditions, by the following roll call vote, to wit: ALL AYES . ADDITIONAL BUSINESS 1. Commissioner Longmoor submitted to the Commission, Variance 4394 of Mr. & Mrs. S. Jones, 2609 Way Lane, approved on August 22, 1957, to permit a 5' rear yard setback instead of a required 10'. This application was not used and expired under Section 9106.41 on February 22, 1958. Commissioner Longmoor requested the Commission to grant by motion an extension of time since the applicant was ready to build and had not been able to do so prior to February 22, 1958, because of financial difficulties. On motion of Commissioner Hayton, seconded by Comm. Copelin and carried, . Variance #394 was amended and the time limit under Section 9106.41 was extended for an additional six months... 2. Section 9107:32.of the Newport Beach Municipal Code sets forth that parking standards for parking layouts shall be adopted by the Planning Commission and on file in the Building Inspector's Office. Presented to the Commission by the Planning Office was a map showing standard requirements for commercial and industrial parking. The Commission stated that these standard requirements were needed and recommended approval of the plans as submitted by the Planning Office. On motion of Commissioner Copelin, seconded by Comm. Hayton and carried, the standard parking requirements as described above were approved. Business at hand being declared completed, the meeting was adjourned on motion of Commissioner Hayton, seconded by Comm. Copelin and married 10 Ray Y. Co, Secretary - -