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Home My WebLink About06/19/1958MINUTES, REGULAR PLANNING COMMISSION MEETING City Hall Council Chambers Newport Beach California June 19, 1958 8:00 P.M. ROLL CALL : Commissioners Present: Longmoor, Rudd, Hayton, Copelin, Keene, Clemence, Sturtevant, Lind and Smith Commissioners Absent None Minutes of the regular meeting on May 15, 1958, and the special meeting on June 4, 1958, were approved as recorded on motion of Commissioner Copelin, by Commissioner Rudd, and carried. Second hearing on Resolution of Intention #623 and Amendment #51 to amend the Newport Beach Municipal Code by adding regulations governing signs. Commissioner Longmoor announced that a _hearing was held by the Planning Commis at the last regular meeting of the Planning Commission to amend the Newport Be Municipal Code by adding certain regulations governing signs and that because several requests to submit recommendations, the consideration of the Sign Ordi was set over for a second hearing on this date. The following, persons spoke from the audience and made recommendations to amend the original draft of the proposed Sign Ordinance: Allan Anderson, Municipal License Tax Association of California Tom Runkle, Santa Ana Neon Co. Jack Rabe, Electrical Production Corp. Violet Bengochea, 201 Santa Ana Ave. Don Harwood, Attorney Jack Hubbard, Southern Calif. Electrical Association Arthur W. Goff, So. Calif. Council of outdoor Advertising David H. Larson, Long Beach Commissioner Longmoor stated that the Commission appreciated receiving these oral comments; however, in order for the Sign Committee to make a study of any suggested amendments to the proposed ordinance that written recommendations should be filed with the Planning Department not later than July 10, 1958. Commissioner Lind moved that the final hearing on this proposed sign ordinance be held on July 17, 1958 and that written reports from interested organizations be filed not later than July 10, 1958, seconded by Commissioner Copelin and carried by the following roll call vote, to wit: ALL AYES -1- E • n Commissioner Longmoor stated that this was the time and place for a public hearing on the request of the Sturtevant report to: 1. Change the name of 17th Street between Irvine Ave, and Dover Drive to "Westcliff Drive ". 2. Change the name of that portion of the street between proposed Weatcliff Drive and Pacific Coast Highway to "Dover Drive ". Inasmuch as Commissioner Sturtevant submitted this request, he requested permission to leave the rostrum at this time. Permission was granted by the Commission. The Secretary of the Planning Commission stated that there had been received two communications which were as follows: 1. An undated peiiiion.signed by fourteen property bwnergIin''the harbor Highlands area OroItesting the name change of '17th Street between Irvine Avenue and the "intersection at Dover Drive acd.approving the name bb fige of 17th Street from Dover Drive to Coast Highway. 2. A communication from the Pianning Commission, {city of Costa Mesa, which protested the name change from Irvine Avenue to the intersection at Dover Drive, but approved the .name change to Dover Drive from the intersection' to Pacific Coast Highway. Commissioner Sturtevant presented a.detailed map revealing that all other streets, north of 11th Vei6 named streets and at the time they were edta�.Tished, no protests were received from Costa Mesa or other interested partiesi He further stated that there was an existing 17th Street in Newport Beach and that the 17th Street under question would cause a confusion: Aftar consiaering all the oral and written evidence presented, the Planning Com- mission on motion of Commissioner Clemente, seconded by Commissioner Lind, and unanimously carried, recommended to the City Council approval of the request of the Sturtevant Corp, to change the name of 17th Street as indicated above. VARIANCES J. W. Drawdy, Planning Assistant, requested that Variance #468 be considered at this time since Commissioner Sturtevant had submitted the application and was still in the audience. Permission was granted by the Commission. 1. THE BRADLEY CO. 2. Lots 4, 5, 6 3. Posted June 9, 1958 Address not yet assigned Tract 1893 -2- 2 cards mailed #468 Zone R -3 t t c f 0 • • VARIANCES #468 con't. 4. Waiver of requirement for two off - street parking spaces per living unit to allow construction of one garden type apartment building having 18 living units and 18 garages or carports on 3 contiguous lots having a total of 26,316 sq. ft. of ground area. 5. Requirement of two parking spaces per unit destroys garden apartment concept, prevents patios and forces more 2nd floor apartments. 6. DISCUSSION: Mr. Sturtevant addressed the Commission and stated that the Zoning Ordinance required two off - street parking spaces for any dwelling building in excess of six units. He stated that he was proposing to construct 18 units over three R -3 lots and that each unit conforms separately to the Code, but that he wanted to put them together with pergolas and architectural features which would cross over lot lines. 7. FINDINGS: Commissioner Keene stated that in his opinion, there was no question in his mind that this building violated the Code and that the architectural features described by Mr. Sturtevant would constitute an attachment and would require under the Code two parking spaces for each dwelling unit. The request to waive half of the off - street parking requirements and the reason thereof did not constitute a hardship in accordance with Section 9106.31 of the Municipal Code and a recommendation of denial was made. 8. On motion of Commissioner Keene, seconded by Comm. Rudd, Variance 468 was DENIED by the following roll call vote, to wit: ALL AYES Commissioner Sturtevant returned to the rostrum at this time. #465 1. STEWART, Ambrose 5201 Seashore Drive 2. Lot 1 Block 52 Ocean Front Tract Zone R -2 3. Posted June 9, 1958 22 cards mailed 4. A zero rear yard setback instead of a required 5' setback and waiver of square footage requirements in order to construct two dwelling units. 5. Seashore Drive has been considered an alley for the purpose of building and ingress and egress will be affected if we are not permitted to encroach into this setback. 6.' DISCUSSION: Note findings 7. FINDINGS: Commissioner Copelin stated that in the past Seashore Drive had been considered an alley for the purpose of rear yard setbacks and that practically all the dwellings constructed and under construction in this area abutt the rear property line. He felt -3- I 0 • 0 VARIANCES #465 cont that by requiring this applicant to remain 5' from the rear property line, a hardship would be created and therefore entitlement under the provisions of Section 9106.31 of the Newport Beach Municipal Code was warranted. 8. On motion of Commissioner Copelin, seconded by Comm. Rudd, Variance #465 was APPROVED by the following roll call vote, to wit: ALL AYES Commissioner Copelin recommended the Commission amend the District Map to show a zero setback on the ocean side of Seashore Drive in certain areas so that this would prohibit any future requests for the same type variance as applied for under Variance #465. On motion of Commissioner Copelin, seconded by Comm. Rudd and carried, Resolution of Intention #624 was initiated in order to hold one public hearing to amend District Map numbers 1, 2 and 3. Commissioner Longmoor stated that the applicant for Variance #466 also had on file Use Permit #433 and requested that the Commission consider them simultaneously. #466 1. BAKER, Mr. & Mrs. Harry 403 and 405 E. Balboa Blvd. 2. Lots 1 and 2 Block 4 Balboa Tract Zone C 3. Posted June 12, 1958 51 cards mailed 4. 1) An encroachment of 17' into a required front yard setback of 201. 2) An encroachment of 7' on the second story only into a required 10' rear yard setback. 5. At the present time, there are seven sub - standard units on Lot #2. Lot #1 is used for parking. All other units in this block have a 5' setback and we would like to be able to conform with the rest of the neighborhood. The encroachment into the rear yard setback will apply only to a portion of the second floor at the point where an odd shape in the lot makes this imperative. 6. DISCUSSION: Since these proposed dwellings are to be in a commercial zone, an automatic front yard setback of 20' is required. The applicant advised that practically everything else in the area encroached to the front property line and he felt the requested 3' setback was justified. -4- VARIANCES #466 coot 7. FINDINGS: After careful consideration of the oral and written evidence presented, the Commission stated that a recommendation of approval of this application was in order for the reason that there existed on one of these lots seven sub - standard units and that.the con- struction of six units over two lots would definitely upgrade these two parcels and the entire neighborhood. The Commission found and determined that the applicant had met the conditions of Section 9106.31 of the Newport Beach Municipal Code. 8. On motion of Commissioner Lind, seconded by Comm. Smith, Variance #466 was APPROVED by the following roll call vote, to wit: AYES: Clemence, Copelin, Hayton, Keene, Lind, Longmoor, Rudd, Smith NOES: Sturtevant ABSENT: None Commissioner Longmoor stated that the applicant for #467 had also filed Use Permit application #437 and requested that the variance and use permit be considered simultaneously. #467 is 1. BOERO, Eugene 325 Marguerite Ave., Corona del Mar • 2. Lots 25 and 10, portion of Lot 27 Block 238 CdM Tract Zone R -3 3. Posted June 9, 1958 53 cards mailed 4. Waiver of square footage requirements in order to construct two additional units on this R -3 parcel. 5. Since there is a six -unit apartment house adjacent to us and a 12 -unit hotel across the street, we feel that for proper development of this property this variance should be allowed. 6. DISCUSSION: Note findings 7. FINDINGS: Commissioner Hayton stated that this parcel was short only 80 square feet and felt that the four units on this one parcel would be compatible to other developments in the neighborhood. The Commission found and determined that the applicant met the requirements of Section 9103.23 of the Newport Beach Municipal Code and recommended approval. 8. On motion of Commissioner Clemence, seconded by Comm. Rudd, Variance #467 was APPROVED by the following roll call vote, to wit: ALL AYES -5- M • USE PERMITS #428 1. ALLER, Robert 107 - 21st Place 2. Lot 18 Block 21 Newport Beach Tract Zone C -1 3. Dancing in rear room. 4. DISCUSSION: This application was set for a public hearing at the last regular meeting of the Commission, however, the applicant was not present and the hearing thereon was held over until this date. 5. FINDINGS: Commissioner Copelin stated that he had previously investigated this application and would recommend that the Commission deny the request on the basis of a police report on file recommending disapproval. The police report states that teenage dancing at this address would create an undesirable atmosphere as it is in the proximity of the Stagg Bar, a liquor store and a pool hall. Commissioner Keene stated that he would like to go on record as saying that the Commission is not an adjudicator of public morals and that the report on file from the Police Dept. was not sufficient evidence to warrant denial of this application. • Commissioner Copelin stated that the Commission could deny the request because the applicant was again not present and a policy previously established by the Commission requires the applicant or an authorized representative to be present. Commissioner Keene felt that this was not sufficient basis for denying the appli- cation and requested that the records show the reasons for denying. Commissioner Longmoor asked the City Attorney if the absence of the applicant was sufficient reason to deny the application. The City Attorney advised that the Municipal Code required a reason for denial and that the absence of the applicant could be interpreted as a reason. 6. Commissioner Copelin moved the Commission DENY Use Permit #428 for the reason that the applicant was not present, therefore, information desired by the Commission could not be secured. Said motion was seconded by Commissioner Rudd, and carried by the following roll call vote, to wit: AYES: Clemente, Copelin, Longmoor, Rudd, Smith NOES: Hayton, Keene, Lind, Sturtevant ABSENT: None #433 1. BAKER, Mr. & Mrs. Harry 403 and 405 E. Balboa Blvd. 2. Lots 1 and 2 Block 4 Newport Beach Tract Zone C -1 -6- n U USE PERMITS #433 cont 3. Request permission to construct six units on two C -1 .lots. 4. DISCUSSION: Note findings 5. FINDINGS: The hearing on this application was held at the same time V -466 was considered and the findings are hereby incorporated by reference and made'a part hereof as though set forth in full. 6. On motion of Commissioner Lind, seconded by Comm. Smith, Use Permit #433 was APPROVED by the following roll call vote, to wit: ALL AYES #434 1. COX, N. H., Jr. 2112 Dover Drive 2. Tract 3004, 3057 & 1645 Zone 'R -1 -B 3. Temporary sales and information office. 4. DISCUSSION: Note findings • 5. FINDINGS: This is a renewal application of a use permit previously granted and the Commission recommended approval for a period of one year only. 6. On motion of Commissioner Copelin, seconded by Comm. Hayton, Use Permit #434 was APPROVED, subject to the above condition, by the following roll call vote, to wit: ALL AYES #435 1. THE BAYCREST CO. 2. Tract 3082 Zone R -1 -B 3. 1) Temporary tract office or real estate office on Lot 25. 2) Iast. of sign 7'x11' on NE corner 17th and Irvine Ave, approx. 80' from centerline of 17th St. 3) Inst. of sign (existing) 12'x30' double faced on Lot #3 tract. 4) Inst. of sign 7'x11' on NW corner 16th and 17th St. approx. 30' from center line of 16th St. All of above for a period of one year. -7- . USE PERMITS #435 cont. 4. DISCUSSION: Note findings 5. FINDINGS: This is a renewal application of a use permit previously granted and the Commission recommended approval for a period of one year only. 6. On motion of Commissioner Copelin, seconded by Comm. Rudd, Use Permit #435 was APPROVED, subject to the above condition by the following roll call vote, to wit: ALL AYES #436 1. EWING, Robert L. 1608 Park Ave., Balboa Island 2. Westerly 30' of Lots 28 and 27 Block 6 Section 5 Balboa Island Tract zone R -2 3. An existing carport to be extended and closed in to make a two -car garage. 4. DISCUSSION: A use permit is required in this case since this dwelling is non - conforming because of rear and side yard setbacks. • 5. FINDINGS: The Commission recommended approval of this application, subject to the condition that the garage space be in accordance with the requirements of the Newport Beach Municipal Code. 6. On motion of Commissioner Clemence, seconded by Comm. Keene, Use Permit 11436 was APPROVED, subject to the above condition, by the following roll call vote, to wit: ALL AYES #437 1. BOERO, Eugene 325 Marguerite Ave., Corona del Mar 2. Lot 25 and portion of Lot 27 Block 238 CdM Tract zone R -3 3. Construction of two additional dwelling units making a total of 4 units on one R -3 lot. 4. DISCUSSION: Note findings 5. FINDINGS: The Commission recommended approval of this application in view of the fact that the whole neighborhood was developed in the same manner. • 6. On motion of Commissioner Hayton, seconded by Comm. Rudd, Use Permit #437 was APPROVED by the following roll call vote, to wit: ALL AYES !0 • • 1. ABBOTT, Claude 3201 West Coast Highway USE PERMITS #438 2. Portion of Lot.L Tract 919 Zone C -2 3. This permit is for the use of a float and pier for mooring purposes. Black- top area will be used for purpose of display only. This subject land will be enclosed,by a fence. Vogel parking area will be used for subject business. 4. DISCUSSION: A use permit is required as the use of thiB property for boat moorings is in an Unclassified Zone. 5. FINDINGS: The Commission recommended approval of this request, subject to the condition that the storage of the boat on the blacktop area be not permitted and that this blacktop area be used specifically for customer parking. It was further stipulated that this use of the property terminates on expiration of the lease which is for a period of 3k years. 6. On motion of Commissioner Lind, seconded by Comm. Keenbi Use Permit #438 was APPROVED; subject to the above bonditionsy by t6 foilowing roil call vote, to wit: ALL AYES 1. RODGERS, Rhoma 3810 Channel Place #439 2. Lot 6 Block 638 Canal Section Zone R -2 3. A use permit is required for a new addition because garage does not conform. to Section 9107.27 of the Newport Beach Municipal Code. 4. DISCUSSION: Applicant wishes to extend present building with an addition; however, dwelling is non - conforming as the garage does not conform to the requirements of the Newport Beach Municipal Code. 5. FINDINGS: The Commission recommended approval on the basis that although the garage did not meet the requirements of Section 9107.27 of the Zoning Ordinance, the applicant would be able to park two cars off the street. 6. On motion of Commissioner Copelin, seconded by Comm. Rudd, Use Permit #439 was APPROVED by the following roll call vote, to wit: ALL AYES -9- • E 0 1. KRAMER, Jerry 2. Lots_ 17, 18 & 19 3. Fee Parking on lot. 4. DISCUSSION: Note findings 129 Agate Ave., Balboa Island Block 7 Section 1 USE PERMITS #440 Zone C -1 -H 5. FINDINGS: The Commission recommended approval of this application, subject to the condition that the parking of cars not interfere with the existing business on the premises and that the use of the property for fee parking be for a period of It years only. 6. On motion of Commissioner Clemence, seconded by Comm. Keene, Use Permit #440 was APPROVED, subject to the above condition, by the following roll call vote, to wit: ALL AYES #441 1. DAVIES & MARSH 2537 W. Coast Highway, Newport Beach (Pacific Ocean Sail & Motorboat Imports, Inc. 2. Portion of Block H Tract 919 Zone C -2 3. Yacht Sales - wholesale & retail Yacht Brokerage 4. DISCUSSION: Note findings 5. FINDINGS: The Commission found and determined that the applicant met the requirements of Section 9106.23 of the Newport Beach Municipal Code and recommended approval for a period of one year only. 6. On motion of Commissioner Lind, seconded by Comm. Rudd, Use Permit 4A441 was APPROVED, subject to the above condition, by the following roll call vote, to wit: ALL AYES 1. VAN WICKLEN, Howard C. 2. Lots 2 and 3 3. Fee Parking Lot 611 - 31st St., Newport Beach Tract 815 #442 Zone C -2 4. DISCUSSION: Note findings 5. FINDINGS: The Commission found and determined that the applicant had met the requirements of Section 9106.23 of the Newport Beach Municipal Code and recommended approval. 6. On motion of Commissioner Rudd, seconded by Comm. Copelin, Use Permit #442 was APPROVED by the following roll call vote, to wit: ALL AYES -10- •e C, O M M W N I C A T I O N 3 . 1. A letter received from Frank Parker, Mortgage Funding Corp., thanking the Commission for consideration of the Ross variance and use permit applications, was ordered filed on motion of Commissioner Copelin, seconded by Comm. Rudd and carried, 2. Presented to the Commission was a letter dated June 8, 1958, signed by H. A. Clark, 1607 Placentia, Costa Mesa, requesting therein annexation of his property described as Lot 812, Newport -Mesa Tract to the City of Newport Beach. It was suggested that the Planning Assistant acknowledge said letter and advised the applicant that proposed annexa *aons in this area would not be considered until the courts have ruled on the matter of the 17th Street suit between Newport Beach and Costa Mesa. 3. A letter was read to the Commission dated June 10, 1958, signed by William C. Sangster, President Lido Shops Auto Park #3 which had reference to a validation system in said parking area. After discussion of the matter, on motion of Commissioner Keene, seconded by Comm. Copelin and carried, the communication was ordered filed and no action was taken for the reason that the Commission does not have jurisdiction in connection with the administration of an off - street parking lot. • 4. The Planning Assistant submitted to the Commission a copy of Orange County Conditional Permit No. 849, submitted by Robert S. Barnes and T. L. Duque who have requested permission to establish a 140 -acre cemetery on property described as follows: approximately 4,480 ft. easterly of Mac Arthur Blvd. at a point which is approximately one mile northerly of Cabrillo Highway, east of Newport Beach. On motion of Commissioner Hayton, seconded by Comm. Rudd and carried, the Planning Assistant was instructed to advise the Orange County Planning Com- mission that the Planning Commission, City of Newport Beach, found no objection to the establishment of a cemetery in this area. A D D I T I O N A L B U S I N E S S 1. The Planning Assistant presented to the Commission the matter of Variance #434 and Variance #360 both having expired under Section 9106.41 of the Newport Beach Municipal Code. The applicants have advised that the variances could not be used because difficulty was experienced in being able to finance construction of proposed dwellings. Financing has now been arranged and they have requested an extension of time under Section 9106.41. Commissioner Copelin moved the Commission extend the time on Variance Nos. 434 and 360 to a period of 18 months as now permitted under the Zoning Ordinance, seconded by Commissioner Hayton and carried by the following roll call vote, to wit: ALL AYES -11- . • • 2a J. B. Webb, City Engineer, presented to the Commission a map showing a pro- posed right -a -way improvement on the ocean front from McFadden Place to 20th Street. This proposed improvement will allow a better circulation for traffic desiring to enter the McFadden Place business district. Mr. Webb requested the Commission to examine the proposed improvement plan and, if in order, endorse the map as submitted. After a careful examination of the proposed improvement and a discussion thereof, on motion of Commissioner Copelin, seconded by Comm. Keene and carried unanimously, the Commission endorsed the proposed right -a -way improve- ment on the ocean front from McFadden Place to 20th Street. Business at hand being declared completed, the meeting was adjourned on motion of Commissioner Hayton, seconded by Comm. Copelin and carried. -12- Ray Y. C" elin, Secretary Planning Commission