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HomeMy WebLinkAbout05/20/1971COMMISSIONERS t" F, � � AMk L CAL� a > Present Ll 0 n CITY OF NEWPORT BEACH Regular Planning Commission Meeting Place: Council Chambers Time: 8:00 P.M. Date: Mav 20, 1971 MINUTES INDEX x x x x x x EX- OFFICIO MEMBERS Laurence Wilson, Asst. Community Development Dir. Dennis O'Neil,.Ass.t, City Attorney Benjamin B. Nolan, City Engineer STAFF MEMBERS James D. Hewicker, Zoning Administrator Helen Herrmann On motion of Commissioner Dosh, seconded. by Commis- sioner Brown, and carried, the Minutes of April 1, 1971 and April 15, 1971 were approved as written. ***** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Item to Request to permit an encroachment into the require MODIFI- ten foot rear yard (alley) setback; and the con- 76N struction and placement of planters, light stand- No. ards, trees, a sign post and a walkway. APPROVE Location: Lots 1 and 2, Block 21, Newport.Beach Tract, located at 2108 -2110 West Ocean Front on the southwest corner of 21st Place and the alley running parallel to and northerly of West Ocean Front. Zone: C -1 Applicant: Philip J. Rapp, Newport Beach Owner: Same as applicant Zoning Administrator Hewicker reviewed the action. taken on April 15, 1971 when the application was. continued to give the applicant an opportunity.to contact adjoining property owners. It was noted that petitions favoring the creation of a mall had been received from Dr. and Mrs. Francis C. Hertzog, Mr. and Mrs. Philip J. Rapp and Joseph A. Brancato. Mr. Stan Kohlenberger, architect, representing Page 1. 'COMMISSIONERS CITY OF NEWPORT BEACH OIL CALL °� N M a v 2 0 . 1971 MINUTES INDEX Mr. Rapp stated that there are two additional property owners along the narrow alley who.do not wish to sign the petition. The Commission felt that they could not consider the creation of a mall without the cooperation of all,of the property owners. Mr. Kohlenberger was asked if Mr..Rapp would desire action on his original application and the answer was affirmativ . After discussion, the application as originally Motion x submitted, was approved subject to the following Second x conditions: Ayes x x x x x Abstain x 1. A 10 foot corner cut - off shall be pro- vided at the intersection of the alley and 21st Place in a manner meeting the approval of the City Engineer. Said cut -off shall be maintained free and clear of all obstructions. In the event 21st.Place.is improved as a mall, this requirement may be waived by the . staff. 2. Paving within the rear yard setback shall be maintained at grades which match ad- joining improvements in the alley and 21st Place. 3. There shall be no obstructions.placed within one.foot of the alley right -of- way line. 4. There shall be no signs: 5. All landscaped areas shall be maintained in a neat, clean and healthy condition. This shall include proper pruning, weed- ing, removal of litter, fertilizing, re- placement of plants when necessary, and the regular watering of all plantings. 6. The applicant shall submit a revised plot plan meeting the approval of the Community Development Department. Said plot plan shall be drawn to scale and shall contain the following information: a. Title Block (applicant's name and date drawn). b. Scale and north arrow. Page 2. 'COMMISSIONERS erg; c+ N i N LA D 0 5 0 f CALL :5 3 3 Motion Second All Ayes CITY OF NEWPORT BEACH MINUTES Mav 9n- IQ71 INDEX c. Property lines of subject property and dimensions. d. Buildings; existing and proposed, location, size and exterior door openings. e. Streets;.location, name and width. f. Alleys; location and width. g. Easements; location, purpose and width. h. Landscaped areas, including the name of trees, shrubbery and /or other plant materials, paving and permanent water- ing facilities. i. Other outdoor uses such as gas lights. Item 2. Request to subdivide 0.95 acres into six single TENTA- family residential lots. �E MXVTO . Location: Portion of Block D, of Corona del Mar, 7T6T- located at 2209 Bayside Drive, on the southerly side of Bayside Drive, WITHDRAWN easterly of E1 Paseo Drive. Zone: R -1 Engineer: Raub, Bein, Frost & Assoc., Costa Mesa Applicant: Lyons & Cashion, Builders, Newport Beach Owner: Same as applicant. x This application was withdrawn at the request of. x the application. Item 3. . Request to subdivide 0.955 acres into 5 single TENTA- family residential lots and one lot to be utilized TTVE- as a private driveway. MIT—P NO. TTTT- Location: Portion of Lot 17; Newport Heights,.. located at 2426 E. 15th Street; on the CONTINUED northerly side of East 15th Street NJT T11 — between Powell Place and Gary Place. AUG. 19 Page 3. COMMISSIONERS lvotiolontoscii:� Q' N CAL � Motion Second All Ayes 0 • CITY OF NEWPORT BEACH NINUTES May 20, 1971 INDEX Zone: R -1 Engineer: Ray Mercado, Garden Grove Applicant: John Wielenga Construction Garden Grove Owner: Donald D. Andrews, Newport Beach This application was continued until August 19,. 1971 at the request of the applicant. Since the following two items are.related,.they were discussed concurrently, however, separate; actions were taken on each item. Item 4. Request to create one parcel of land for use as a site for a Boys' Club. RESUBDI- UsTair- NU=. Location: Portion of Block 52 of Irvine's Subdi- vision, located at 2555 Vista del Oro on the westerly side of Vista del Oro approximately 240 feet northerly of APPROVED the intersection of Vista del Sol and Vista del Oro. Zone: R- 4- B -2 -UL Applicant: City of Newport Beach Owner: Same as applicant. Item.5> Request to permit the construction of a Boys' Club USE PI MIT Location: Portion of Block 52 of Irvine's Sub. - 07 TS'03 division,.lpcated at 2555 Vista del Oro, on the westerly side of Vista del Oro, approximately 240 feet APPROVED northerly of the intersection of Vista del Sol and Vista del Oro. Zone: R- 4- B -2 -UL Applicant: City of Newport Beach Owner: Same as applicant.. Assistant Community Development Director Wilson Page 4. 'COMMISSIONERS a� d&L CALL m CITY OF NEWPORT BEACH MAV 9n 1Q71 MINUTES INDEX pointed out the proposed location of the Boys' Club in relation to Eastbluff Park, the elementary school and the Eastbluff Pre - School. It was noted that there is no off - street parking proposed on site and that existing off - street parking areas within Eastbluff Park are approximately 300 to 600 feet from the corner of the proposed building. He also referred to a memorandum from the P.B. &.R. Director dated May 20, 1971 which stated that the P.B.& R. Commission, at its meeting on May 18, 197 had unanimously approved the installation of the Boys' Club facility.in the park, excluding any off street parking, as it.was felt that existing park- ing spaces are sufficient to meet the needs of the Boys' Club, as well. as others using the park, and that no additional parking should encroach into the green areas of the park. Mr..Manahan of the Boys' Club addressed the Commis sion stating they are in complete accord with 8 of the suggested conditions, however, they would pref r not to go to the additional expense of providing 13 on -site parking spaces. It was explained that • they have 4 full.time and 2 part time instructors and that parking for these people would not be a problem. It was noted that the Boys' Club activit . is mainly a "drop off and pick up" situation. Mr. Cal Stewart, P.B.& R. Director addressed the Commission and reiterated the position of the P.B.& R. Commission as stated in his letter of May 20th. He stated that other locations had been considered but the present site is believed to be the most logical one. It was noted that there are 40 parking spaces within easy walking distance and it was felt that additional parking would not be needed at this location. Motion x Following.a general discussion, Use Permit:Applica Second x tion No: 1503 was approved in accordance with the All Aye plans submitted by the.Boys' Club, including the plot plan and building elevations, subject to the following conditions: 1. The action of the Planning.Commission shall constitute a recommendation to the City Council, to be forwarded together with the recommendation of the Parks, Beaches and Recreation Commission. Final . decision on Use Permit Application No 1503, Resubdivision Application No. 295 and the leasing of land to the Boys'.Club, shall rest with the City Council. Page 5. 'COMMISSIONERS CITY OF NEWPORT BEACH MINUTES O CALL c 3 N a Mav 20. 1971 INDEX 2. The building and any walls and /or fences more than three feet in height shall main- tain a setback of not less than twenty feet from Vista del Oro. 3. Adequate bicycle racks shall be provided. The number and location of such racks and Visual screening thereof shall be subject to approval by the Parks, Beaches and Recreation .Director and the Community Development Director or their designated representatives. 4. The Boys' Club shall submit a landscaping plan which shall be subject to approval by the Parks, Beaches and Recreation Director and the Community Development Director or their designated representa- tives. The Boys' Club shall install and maintain landscaping on the Boys' Club premises in accordance with the approved plan. The entire premises, including the building, shall be maintained in a neat and orderly condition, 5. The Boys' Club shall be responsible for all costs of relocating existing City - owned facilities, including sprinkling system and playground equipment. 6. Until construction of the Boys' Club build - ing is ready to commence, the public shall. continue to have the right to enter upon and.use the subject portion of Eastbluff Park, and the City shall have the right to enter upon and maintain said property. 7. The Boys' Club shall prepare and record a Parcel Map of the leasehold site designated under Resubdivision Application No. 295. 8. The side yard setback of the Boys' Club building from the northwesterly property line may be reduced from the dimension of 15 feet shown on the plot plan to not less than 5 feet (or other dimension specified, by the Planning Commission) in order to conserve open space on the exposed south- easterly the building. side of 9. The Boys':Club shall improve and maintain Page 6. COMMISSIONERS CITY OF NEWPORT BEACH w O N N 7 N S f OL CALL •c0:5 c a • Motion. Second All Aye MINUTES May 20, 1971 INDEX a not.less than thirteen off - street parking spaces on or immediately adjacent to the leasehold site, generally in accordance with the Proposed Parking Layout submitted by the Assistant Community Development Director. Said parking spaces are intended primarily for use in connection with opera - tion of the Boys' Club, but shall also be available for use by the general public;. therefore, said off - street parking spaces need not be located upon the leasehold site; however, the Boys' Club shall be responsible for installation and mainten- ance of all landscaping between the off- street parking area and the Boys' Club building. Compliance with this condition shall be delayed for a period not to exceed 3 years, at which time the applicant shall have the right to request a further extension, subject to review and approval by the Planning Commission. x Resubdivision No. 295 was approved subject to the X, above conditions of approval. Item.6. Request to amend a portion of Districting Map No. AMEND - 1 from a C -1 -H District to an R -2 District. MT 07 _2'9 Location: Lots 6, 7 and 8, Block 8 and Lot 9, Block 7 of Seashore Colony Tract, APPROVE located at 207, 2099 210 and:.211 Orange.Street north of West Coast Highway and south of.Newport Shores Drive. Zone: C -1 -H Applicant: Patrick O'Connor; Newport Beach Owners: Sam and Ruth Beniche; Raymond Putnam; Frank and Josephine Beniche; Thomas J. Hayde. Zoning Administrator Hewicker presented the staff report and explained that this application was. filed pursuant to the Commission'.s recommendations on prior use permit requests covering Lots 6 and 8. Page. 7. a COMMISSIONERS CITY. OF NEWPORT BEACH w NON N 4 N CALL ° _-:5 • Motion Second All Ayes MINUTES May 20, 1971 INDEX Mr. Pat O'Connor was present and answered question of the Commission. A discussion ensued regarding off - street parking and Mr. O'Connor explained that . it was his intention to construct two car garages with 15 foot drive approaches between the garage and the alley setback for the parking of two addi- tional automobiles. The Commission inquired as to whether the application could be conditioned to require 3 Car garages, however, the Assistant City Attorney indicated that a problem could arise if the application was conditioned to require a standard not in the.ordinance at the present time.. Mr. Ralph Broms, representing the Newport - Shores Community Association stated that they are con- cerned about access to these lots being from the alley, especially the.lot on the easterly side of Orange Street (Lot 9, Block 7, Seashore Colony Tract) as there does not appear to be an alley easement at that location. Mr. Broms was assured that there is an alley to the rear of all the lots involved. Mr. Tom Hayde, a local realtor who owns Lot 9, Block 7, Seashore Colony Tract, was present and stated he would withdraw his lot from the applica- tion if it were to create a problem. He explained that he had joined to strengthen the application as the lots in the area are too small for commer- cial uses. Mr. Brom replied that if there is an alley at that location; they have, no objection to the rezoning of these lots. Mr. Walter P. Ireland who owns the lot at 208 Orange Street spoke in opposition to_the applica- tion. x After a discussion, Amendment Application No. 291: x was.recommended to the.City.Council for approval. Item 7: Request to permit the construction of a duplex on VARIANCE: a lot having an area of 2,323 sq.ft. where the tom. TU-00 ordinance requires a.minimum of 2,400 sq.ft. CONTINUE Location: Lot 25, Block 14, Balboa Tract, loca- UN1— IT ted at 920 E. Ocean Front on the nort JUE—Y15 side of E. Ocean Front between "A" Street and "B" Street. Page 8. COMMISSIONERS on 0 Motion Second All Ayes CITY OF NEWPORT BEACH MINUTES Mav 20. 1971 INDEX Zone: R -3 Applicant: Patrick O'Connor, Newport Beach Owner: Ontario Savings & Loan Association, Ontario Zoning Administrator Hewicker presented the applic - tion to the Commission and explained the problem created by the fact that this lot does not have access to an improved street; he also reviewed the options available to the developer as recommended by the staff. He noted that the Public Works Department had also suggested the possibility of creating an alley which would require the dedica- tion of property by owners on both the Balboa Boulevard and Ocean Front lots; however, since there are existing structures on some of the lots, this would take a long period of time to accomplis . Mr. Pat O'Connor was present and explained that the proposed building could be constructed in a flexi- ble manner so that vehicular access could be taken from either the front or rear. He pointed out that this is a subdivided lot on a dedicated stree not a.sidewalk, and that pedestrian and vehicular , traffic already exists. Mr. Richard Glasier of 3409 Finley Avenue spoke in opposition. The Commission discussed this application at length and was of the opinion that it was not in the interest of good planning to combine vehicular traffic with bicycle and pedestrian traffic and that the Public Works Department should look into the feasibility of creating an alley. Mr. O'Connor stated that if a better solution cowl be reached he would be willing to continue the application. The application was continued until July 15, 1971. X Item 8. Request to amend a portion of Ristricting Map No. 48 from an Unclassified ( "U ") District to a AMENDMENT NT.—= C- O -H -UL District. APPROVED Location: Portion of Block 55 of Irvine's Sub- division, located at the northerly end of Granville Drive between Santa Page 9. COMMISSIONERS CITY OF NEWPORT BEACH MINUTES dW cai_A A ' May 20, 1971 INDEX Barbara Drive and Newport Center Driv Zone: Applicant: The Irvine Company Owner: Same as applicant._ Zoning Administrator Hewicker presented the applic - tion to the Commission and Mr..Ron Stone represent d the Irvine Company. Mr. Bob Konrad who lives at 2707 Lighthouse Lane addressed the Commission and stated.that this change would block the view from the Broadmoor homes whey he lives. He stated further that-the City Council had requested the Planning Commission to study this area at the time the Civic Center Sight Plane was adopted. Upon being questioned by the Commission, Assistant Community Development Director Wilson pointed out on the map the location of the property in questio in relation to the area where Mr. Konrad resides; he noted further that at the time the Civic.Center Sight Plane was adopted the City Council asked that the Planning Commission hold hearings to consider a possible extension of that sight plane farther to the north. It was noted-that the 1.53 acre parcel under consideration was not a part.of that area, but rather a small portion that was inad- vertently.left out of the area intended to be zoned C- O -H -UL when the original zoning took place. Mr. John Bromley of 2105 Seadrift Lane also voiced opposition to this rezoning. Following a general discussion, Commissioner Glass Motion x moved that the application be approved in view of Second x the fact that the majority of the site that will Ayes x x x eventually result in this rezoning is already. Noes x x zoned C- O -H -UL and also that this particular parcel: Absent x is not a part of the area under study in connection with the extension of the Civic Center Sight Plane. • Page 10. COMMISSIONERS CITY OF NEWPORT BEACH Motion Second. All Aye 0 MINUTES May.20, 1971 INDEX Item 9. Request to create two parcels ten acres in size,. for development as a hotel and convention site.. RESUBDI- MI� NU_77 5 Location: Portion of Block 55 of Irvine's Sub- division, located at the southwest APPROVED corner of Newport Center Drive West and Santa Barbara Drive in Newport Center. Zone: "U" (requested change to C- O -H -UL) and C- O -H -UL Applicant: The Marriott Corporation Owner: The Irvine Company, Newport Beach Zoning Administrator Hewicker presented the appli- cation to the Commission. Mr..Ron Stone represent d the Irvine Company. Acting Community Development Director Wilson ex- plained that the resubdivision would not change the zone and in addition, the site is located outside of the sight plane study area. x x Following a general discussion, the application was approved, subject to the following conditions: 1. That a Parcel Map be filed. 2. That the half -width of Santa Barbara Drive be dedicated, and improved,within 3 years following recordation of the Parcel:Map. 3. That an agreement and surety be provided guaranteeing 'cotnpletion of the public im- provements. 4. That Parcel 2 shall be labelled "not a building site" on the Parcel Map, Item 10. Request to prezone unincorporated territory adjoin - ing the City of Newport Beach for the purpose of determining the zoning that will apply to such property in the event of subsequent annexation to the City. Specific consideration will be given to the establishment of a P -C (Planned Community) District to provide for the development of approxi AMENDMENT N-t5-.—ZVT- APPROVED mately 46 acres as Hillside Low Medium Density residential. Page 11. 'COMMISSIONERS CITY OF NEWPORT BEACH • Motion Second All Ayes • MINUTES Mav 20. 1871 INDEX Location: Portion of Block 97 of Irvine's Subdi vision, located north of San Joaquin Hills ,Road and west of Spyglass Hill Road. Zone: A -1 (Orange County) Applicant: The. Irvine Company, Newport Beach Owner: Same as applicant Zoning Administrator Hewicker presented the appli= cation to the Commission. It was explained that this application and the Tentative Map of Tract 7432 share the common problem of helicopter over- flights. A letter was received from the United States Marine Corps stating that this area is directly overflown by helicopters flying 100 feet above the ground, or less, and that noise levels of 100 -110 PNdb are created. It was explained that the developer is aware of this.problem and has retained the services of an expert in the field of acoustics. Mr. James E. Taylor of the Irvine Company and Mr. Wm. Lusk„ the developer, were present and addresse the Commission regarding this problem. Al V After a lengthy discussion, the application was recommended to the City Council for approval. Item 11. Request approval of a subdivision of 51.3 acres into 120 residential lots and 1 lettered lot. TENTATIVE TRACT RT 7432 Location: Portion of Block 97 of Irvine's Sub- division, located northerly of San APPROVED Joaquin Hills Road and east of Spy.- glass Hill Road. Zone: P -C and A -1 (Orange County) Engineer: Raub,, Bein, Frost and Assoc., Costa Mesa Developer: John D. Lusk & Son, Newport Beach Owner: The Irvine Company, Newport Beach Zoning Administrator Hewicker explained this tenta tive map to the Commission in detail. Mr. Wm. Lus , Page 12. COMMISSIONERS w o i Ifik CALL :5 > a CITY OF NEWPORT BEACH May 20, 1971 MINUTES INDEX the developer, was present and stated that they. agree with the recommendations of the staff. Both, Mr. Lusk and Mr. James E. Taylor of the Irvine Company answered questions of the Commission. Motion x Following a discussion regarding the various Second x aspects of this tract, it was recommended to the All Ayes City Council.for approval, subject to the follow- ing conditions: 1. That all improvements be constructed as required by ordinance and the Public Works Department. 2. That Section 19.16.030 of the Subdivision Ordinance regarding map scale be waived provided maps drawn accurately to a scale of 1" = 100' are furnished to the Public Works Department immediately after approval of the final map. Such maps to be referenced and tied into the California Coordinate System as well as.the Irvine • blocks.. 3. That the boundary of the final tract map be checked by the County Surveyor before being submitted to the.City for approval. 4. That all grading be done in accordance with grading plans and reports approved by the Public Works Director and a qualified Soils Engineer. Upon completion of the grading, the Civil Engineer and the Soils Engineer shall certify that the grading has been completed in accordance with the plans and the requirements of the grading ordi- nance. Permanent reproducible copies of.th grading plans -.on standard size sheets shall be furnished to the Public Works Department 5. That all vehicular access rights to Spyglas Hill.Road except at street intersections, be dedicated to the City of Newport Beach. 6. That the paved width of Streets "Q" and "V" be 40 feet over their entire length. 7. That Streets "P ", "R" and "X" have a right- of-way width of 56 feet with a pavement width of 36 feet. 8. That the subdivision ordinance requirements Page 13. COMMISSIONERS O N N } N Ak CALL > °_ 3 I. CITY OF NEWPORT BEACH May 20, 1971 MINUTES INDEX for a minimum local street width of sixty feet of right -of -way and forty feet of pavement be waived and reduced widths approved as shown on the tentative map and as listed in Items 6 and 7 above. 9. That annexation of the area to the City be completed before recordation of a final tract map. 10. That public utility.easements be a minimum of 10 feet wide with wider easements pro- vided where required by the Public Works Department. 11. That the requirement for a maximum street grade of -7% be waived and steeper grades of:up to 12 %:be approved for locations on interior streets where made necessary by the topography. 12. That existing easements to Southern . California Edison Company and Community. Cablevision be realigned, 13. That the types and locations of street trees be provided to the specifications of the Parks, Beaches and Recreation Director and that the standard.tree in- spection fee be paid. 14. That storage capacity of one day's demand in San Joaquin Reservoir be dedicated to the City. 15. That the Water Capital Improvement; - acreage fee be paid, including any increases found to be necessary as a result of current studies. 16. All slope banks shall be landscaped and im- proved in compliance with a plan approved by the Director o.f Parks, Beaches and Recreation; such landscaping and improve- ments, including a watering system, shall be installed, or an agreement shall be entered into, and financial security guar- anteeing the installation of the landscapin and improvements shall be posted, prior to the recordation of any portion of the final map. Page 14. COMMISSIONERS CITY OF NEWPORT BEACH MINUTES CAL O N0 Mav 20. 1971 INDEX 17. A binding agreement specifying a method of procedure for the maintenance of all slope banks shall.be submitted to and approved by the Director of Community Development, and as to legal enforceability, by the City Attorney. Such method or pro- cedure shall be recorded prior to or con- currently with the recordation of any por- tion of any final map. Any subsequent modification or.amendment to such method or procedure regarding the maintenance and improvement on said slope banks shall also be approved by the Director of Community. Development . and the City Attorney, and shall be recorded prior to the effective date of the modification or amendment. All lot sales shall be made subject to said recorded agreement. 18.. The developer shall install the landscaping and improvements required by Condition No. 16 and maintain them in a neat and orderly • manner until such time as maintenance is transferred to a homeowners' association or other organization responsible for per- manent maintenance. The methods required by Condition No. 17 above shall include a provision to assure compliance with this requirement. 19. That front, side and rear yard setback lines on all.panhandle lots shall be illustrated on a copy of the final tract map as provided by Section 20.08.185 of the Municipal Code. 20. Residential structures shall be sound atten- uated to achieve an average maximum interior noise of 56 DBA. Methods for achieving sound attenuation shall be prescribed by an accredited expert in the field of acoustics and submitted to the Department of Community Development. 21. Information regarding flight activity and attendent noise levels shall be included in the State of California Final Subdivision Public Report for homes in this tract. • Page 15. COMMISSIONERS CITY OF NEWPORT BEACH • Motion Second Ayes Noes Absent Motion Second Ayes Noes tain ent MINUTES Mav 20. 1971 INDEX Item 12. Request to permit the construction of a duplex on VARIANCE a lot having an area of 1,875 sq.ft. where the NT—.Vn- ordinance requfres.a:minimum 6f`2;0.00.sq,ft:, further request that setbacks be established for APPROVED this lot. Location: Lot 9, Block 219, Section A, Newport Beach Tract, located at 219 - 19th Street on the west side of 19th Stree north of Balboa Boulevard. Zone: R -2 Applicants: Donald S. Redington and Helen Rinderknecht, Newport Beach Owners: Same as applicants. Zoning Administrator Hewicker presented.the appli- cation to the Commission. Mr. Don Redington, one of the applicants was present and answered questions of the Commission. It was explained that he would be willing to decrease the size of the balcony shown on the plan to 3 feet in depth and 8 feet in width. Mr. Thomas Hyans, who lives adjacent to the lot, spoke in favor of the application. He noted that this is.the only small'.lot.left.oh:the street and the plan, as submitted, is about as nice as any- thing that could be built on the lot. x Following a discussion, a motion was made to approve x the application subject to the condition that the x x x setbacks be established as shown on the plot plan x xx, submitted and that a second story balcony 3' x 14' X. centered on the main portion of the structure be permitted. Said motion resulted in a tie vote and therefore failed to carry. x A motion to approve the request subject to the con - x diti,on that the setbacks shall be established.,as. x x x x shown on the plot plan as submitted, with the excep- x tion that no second story projections be permitted, x carried. x Page 16. COMMISSIONERS w f J .SLCALL • Motion Second Ayes Noes Absent • CITY OF NEWPORT BEACH MINUTES May 20 1971 INDEX Item. 13. Request to permit the construction of a duplex on a lot having an area of 1,875 sq.ft. where the VARIANCE 07—TOT ordinance requires a minimum of 2,400 sq.ft., and further requesting a 2;1 foot second story encroach ment into the required 5 foot rear yard (alley) APPROVED setback. Location: Lot 4, Block 119, 1st Addition to Newport Beach,.located at 1906 Court Street.on the north side of Court Street between 19th Street and 20th Street. Zone: R -3 Applicant: R. F: Van Kolken, Tujunga Owner: Same as applicant Zoning Administrator Hewicker presented the applica- tion to the Commission. Mr. Bob Seiling represented the applicant and answered questions of the Commission. x After a discussion, the application was approved, x subject to the following conditions: x x x x x 1. Approval of this request shall not preclude x compliance with any building code in effect at the time this variance is exercised. .2. The existing curb cut on Court Street shall be closed. 3. That portion of the second story which projects into the required setback.shall maintain a minimum vertical clearance of 8 feet. Item 14. Request to permit . three dwelling units on an R -2 VARIANCE building site which resulted from the combination (RT. = of two R -2 lots, one of which is too narrow to accommodate a duplex. APPROVED Location:, Lots 4 & 5, Block 435, Canal Section, located at 3507 Finley Avenue on the south side of.Finley Avenue between 35th Street and 36th Street. Page 17. • COMMISSIONERS CITY OF NEWPORT BEACH Motion Second All Ayes • MINUTES Mav 20. 1971 INDEX Zone: R -2 Applicants: J. M. and L. S. Osborne, Corona del Mar Owners: Same as applicants Zoning Administrator Hewicker presented the applic - tion to the Commission. Mr. Frank Russ represented the applicant and answered questions of the Commission. Objections to this application were voiced by Mr.. Frank Ambrose, and.Mr. William Hughes, based on traffic generation on Finley Avenue. x Following a discussion, the application was x approved, subject to the following conditions: 1. At least 4 conforming garage spaces shall be provided on site. 2. The standard side yard setbacks and - separation between buildings shall be observed. 3. A front yard setback of 20 feet from canal property line to be maintained 4. That a Parcel Map be filed: Item 15. Request to permit the construction of a duplex on a lot having an area of 1,875 sq.ft. where the VARIANCE -N-07-70-03 ordinance requires a minimum of 2,000 sq.ft. APPROVED Location: Lot 5, Block 53, Ocean Front Tract, located at 5309 Seashore Drive on the south side of•Seashore Drive between 53rd Street and 54th Street. Zone: R -2 Applicant: Paul B. Clayton, Downey Owner: Waldo E. Starr, Downey Zoning Administrator Hewicker presented the applica- tion to the Commission. Mr. Paul Clayton was present at the meeting and answered questions.of the Commission. Page 18. COMMISSIONERS aA � N � L CALL Motion Second Ayes Abstatn Absent • • CITY OF NEWPORT BEACH MINUTES May 20, 1971 INDEX X, Following a general discussion, the application x was approved x x x x x x x Items 16 through 23, as follows, were continued until June 3rd on motion of Chai.rman_Jakosky, , seconded by Commissioner Adkinson, and carried. Item 16. Request to permit construction of four duplexes VARIANCE on four lots,.each lot having an area of 2,152 NO. 1004 sq.ft. where the ordinance requires a minimum of 2400 sq.ft. CONT'D. UNTIL, Location: Lots 5, 6, 7 and 8, Block 2, Balboa J-ONE -3 Tract, located at 421, 423,:425 and 427 E. Bay.Avenue, on the south side of E. Bay Avenue between Adams Street and Cypress Street. Zone: R -3 Applicant: Robert S. Jacobs, Balboa Owner: Same as applicant. Item 17. Request to permit a walk -up restaurant in a C -1. USE District. PERMIT 7Ta 30 Location: Portion of Lots 1 & 2, Block 21, Newport Beach Tract, located at 101 CONT'D. 21st Place on the westerly side of 21st Place 20 feet north of West UNT= -01fr-3. Ocean Front. Zone:., C -1 Applicant: Sailor Boy Associates, Inc.., Balboa I . Owners: Philip J. and Eileen Rapp, Newport Beach. Item 18. Request to permit the addition of a 25 seat out- door bar and patio to an existing restaurant. :USE EMIT N 11 Page 19, COMMISSIONERS CITY OF NEWPORT BEACH 171C 'Ny0 N ' N £ N CALL ° � • • MINUTES Mav 20. 1971 INDEX Location: Portion of Lot A, Tract 919, located at 2332 West Coast Highway on the north side of West Coast Highway easterly of Tustin Avenue. Zone: C -1 Applicants: Dennis F. and Janis Y. Wolfe (Chuck's Steak House), Newport Beach Owner: Sadie Stegman, Costa Mesa. Item 19. Request to permit a Kentucky Fried Chicken Take- out restaurant in a C -1 District. USE PR-MIT RA- r5- 3 2 Location: Lots 10, 11 & 12, Block 120, Section A, Newport Beach Tract, located at CONT'D. 2007 West Balboa Blvd., on the south side of West Balboa Blvd. between UNTIL JRr-3 20th Street and 21st Street. Zone: C -1 Applicant: Donald W. Steinke; Fullerton Owner: Marian Craig, Newport Beach Item 20. Request to amend a portion of Districting Map No. 3 from an R -2 District to a C -1 -H District. AMENDMEN VU72$V Location: Parcels E, F & H, Book 32, Page 41 Parcel Maps of Orange County, located CONT'D. southeasterly.of 32nd Street between JUlTE73:, Newport Blvd. and Balboa Blvd. Zone: R -2 Applicant: The City of Newport Beach Owner: Same as applicant. Item 21. Request to combine small parcels into larger par- RESUBDI- IS NU-.= cels to be developed or exchanged for right -of- way. Location: Parcels E, F, & H, Book 32, Page 41, CONT'D. U�fIr— Page 20. JONE-3 • • COMMISSIONERS F N N NO N 5 f 3 u' L CALL 3� CITY OF NEWPORT BEACH Mav 20. 1971 MINUTES INDEX Parcel Maps of Orange County, located southeasterly of 32nd Street between Newport Blvd. and Balboa Blvd: Zone: R -2 (requested change to C -1 -1-1) Applicant: The City of Newport Beach Owner:' Same as applicant. Item 22. Proposed amendment to Section 20.08.150 of the Newport Beach Municipal Code pertaining to rear AMENDMENT NO. M— yard setbacks in residential districts having alleys to the rear of lots or building sites. CONS Initiated by: City.of Newport Beach. JJJUTM Item 23. Proposed amendment to Section 20.46.030 of the AMENDMENT Newport Beach Municipal Code providing for City Rr—T9'G-- Council review of Use Permit applications: CONT'D. Initiated by: City of Newport Beach _URAi�- On motion of Commissioner Adkinson, seconded by: Commissioner Dosh, and carried,,.the meeting was adjourned until June 3, 1971 at 8:00 P.M. in the City.Council Chambers. Don R. Adkinson, Secretary Newport Beach City Planning Commission Page 21.