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HomeMy WebLinkAbout08/16/1956MINUTES, PLANNING COMMISSION MEETING, AUGUST 16, 1956 8:00 P.M: CITY HALL COUNCIL CHAMBERS NEWPORT BEACH, CALIFORNIA ROLL CALL f COMMISSIONERS PRESENT : LONGNOOR, BRIGGS, RUDD, HAYTON, COPELIN REED & KEENE C0MMIS8IONERS ABSENT : SMITH & LIND MINUTES Minutes of the meeting of July 19, 1956 APPROVED on motion of Commissioner Copelin, seconded by Comm. Reed, and carried subject to the following addition:, A letter dated July 19, 1956 addressed to the Newport Beach Planning Commission signed by George F.. Sherrill, Chairman Parks, Beaches and Recreation Commission was read to the Commission. This letter having reference to the proposed park area in Irvine Terrace - Unit Three was ordered by the Planning Commission to be forwarded to our Planning Consultants, Hahn, Wise & Associates for a recommendation. VARIANCES # 304 1. WESTCLIFF COMPANY Northeasterly of 17th Sts. 2. Lots 3, 8, 11, 21, 23, 29 ,31.*40,41.t44,53,63,66,72,83, & 90.. Block 53 of Irvineis Subdivision Tract 3000 Zone R -1 B 3. Posted July 31, 1956 Published August 2, 1956 4. Detached garages on the front half of the above listed lots and a setback of more than 351 for main dwellings on Lots 3,8,23,31, & 40. 5. No hardship shown. 6. DISCUSSION Note findings. 7. FINDINGS The Commission feels the request would be id keeping with the architectural design adopted by the subdividers for Tract`#3000 now under construction and recommends approval; 8. Commissioner Copelin moved the Commission recommend the APPROVAL of this Variance, seconded by Conan. Hayton, and carried by the following roll call vote, to wit: ALL AXES. u Page - 2 - . VARIANCES # 305 14 BOHME, Ernest A & Marie L. 301 Marigold Corona del Mar 2. Lots 1 & 3 Block 239 Tract GAM Zone R -1 3. Posted July 31, 1956 Published August 2, 1956 4. Encroachment of 61 into required l0' rear yard setback. 5. Due to size of lot it would not be feasible to build proposed building. 6. DISCUSSION : Note findings. 7: FINDINGS A written protest having been entered for and on behalf of the adjacent property owner,. and because it was agreed that the rear yard setback would be maintained at the time these lots were subdivided, recommendation of denial is made. 8. Commissioner Reed moved the Commission recommend the DENTAL of this • 'Variance, seconded by Comn4 Haytoh and carried by the following roll call vote, to wit: ALL AYES. 2 1. LIDO PROFESSIONAL BLDG. INC. 3355 via Lido Newport Beach 2. Portion of Lots 4 & 5 Tract 1117 Zone C -1-H 3. Posted July 31, 1956 Published August 2, 1956 4. Waiver of certain off- street parking as required under Section 9104.21 (5).. 5. Applicant wishes to extend present third floor so that a Membership Health Club may be established. Seating capacity will be approximately one hundred (100) requiring ten (10) parking spaces. 6. DISCUSSION Extensive discussion was held by the Commissioners with the applicant, Mr. G.M. Shumaker and during this period it was brought out that a restaurant was to be established on the first floor of the Lido Professional Bldg, which would require additional spaces. 7. FINDINGS The Commission feels the Code is specific as to off- street parking requirements in a C -1 -H District and in view of the owner's intention to have a restaurant on the first floor of his building, which was not shown on the original plans, recommendation of denial is made. 8. Commissioner Rudd moved the Commission recommend the DENIAL of this Page - 3 - ! VARIANCES # 306 (coned from page 2) Variance, seconded by Comm.. Keene and carried by the following roll call vote, to wit: AYES Keene, Reed, Rudd & Briggs NOES Hayton, Copelin & Longmoor # 307 1. MITCHELL, Kenneth C. 207 Carnation Corona del Mar 2. Portion of Lot D Tract CDM Zone R -3 3. Posted August 3, 1956 Published August 9, 1956 4, Construction of swimming pool partially into street one -half (j) of bluff view lot. !5. Placement of pool on sheer bluff view end of lot would force building site to rear (street) portion of site and deprive occupants of bluff view to west. 6. DISCUSSION Note findings. 7. FINDINGS Inasmuch as the swimming pool will remain behind the front yard setback and because of the owners intention of building an adequate fence for protection the Commission recommends approval. 8. Commissioner Keene moved the Commission recommend the GRANTING of this Variance, seconded by Comm. Hayton and carried by the following roll can vote, to wit: ALL AYES. 1. BROWNELL,. J. Hebert 2. 3. Lot 23 Tract 1218 Posted August 3, 1956 708 St. James Place Zone R -1 0 Published August 9, 1956 4, Construction of swimming pool in street front z of sloping view lot. ,5. Placement of pool on lower slope of lot would prevent close supervision of children. Pool equipment provision and roughin was accomplished before recommendation on pool placement was made. 0 6. DISCUSSION 7. FINDINGS i 0 Page - 4 - VARIANCES # 308 (con'd from Page 3) : Note findings. The plot plan submitted with application reveals the applicant will violate his front yard setback by the proposed placement of the swimming pool within 3' of the front property line. An encroachment into the front yard setback would prevent establishment of a front yard fence in excess of 31. Approval of the applicants request is made subject to the following conditions: 1. The swimming pool must be built not closer than 101 from the front property line. 2. The pool must be located not closer than 5+ from the main dwelling. 3. A six foot fence must be built around pool. 80 Commissioner Keene moved the Commission recomend the GRANTING of this Variance subject to the above conditions, seconded by Comm: Hayton, and carried by the following roll call vote, to wit: ALL AYES. # 309 1. NALCO CORPORATION 724 Malabar Drive Corona del Mar 2. Lot 87 Tract 1701 Zone R -1 3. Posted August 3, 1956 Published August 9, 1956 4. Encroachment of 121 into required 221 front yard setback. 5. This is in keeping with variances previously approved allowing staggered setbacks in Irvine Terrace. 60 DISCUSSION Note findings. 7. FINDINGS To conform with variances of similar nature previously granted in Irvine Terrace, recommendation of approval is made. 8. Commissioner Reed moved the Commission recommend the GRANTING of this Variance, seconded by Comm. Copelin and carried by the following roll call vote, to wit: ALL AYES. • • • • Page -5- VARIANCES # 310 1, CAUSEY, Gil B. & RHODES, Frank A. Jr. 1510 Abalone Place 2. Lot 3 Tract 1049 Zone R -2 3. Posted August 3, 1956 Published August 9, 1956 4. A 7' encroachment into a 101 required rear yard setback. 5w. This encroachment is necessary in order to build a garage aparartment which must be entered from a side street as there is not an alley to the rear. 6, DISCUSSION : Note findings. 70, FINDINGS : The request of the applicant for a rear yard en- croachment having been approved by his three neighbors, the Commission recommends approval subject to the condition that two (2) garage spaces be provided..: 8. Commissioner Copelin moved the Commission recommend the GRANTING of this . Variance, seconded by Comm, Briggs and carried by the following roll call vote, to wit: ALL AYES. • Page - 6 - • RESUBDIVISIONS # 38 1. MOLL, Frank J, 437 16th Street Newport Beach Z. Portion of Lot 47 Newport Heights Zone "U" 3. Posted July 31, 1956 4. Creation of two building sites. 5. Division is necessary due to large size of lot. Note: The applicant was not present at hearing, therefore application will be considered at meeting of Planning Commission in September. #39 11 INGRAM, Robert H. & BUCK, Virgil Lee 63-1 31st St. Newport Beach 2. Lot 5 Tract 815 Zone C -2 Posted August 3, 1956. 40 Creation of two building sites. 5. Economic impossibility to build homes on this property if lots are required to be wider than 32.81 . 6. DISCUSSION : Note findings. 7. FINDINGS : The Subdivision Code requires a 50l width for any subdivided lot. A letter from our Planning Consultants Hahn, Wise and Associates dated June 11, 1956 sets forth " - - - it is my opinion that single family use is not comparative with adjacent uses and I would not recommend that such use be allowed. The property should be used for "C" or transient residential use. The matter of lot sizes is not so important but I don't think reduction of lot widths to 32f for economic reasons is adquate justification." 8. Commissioner Keene moved the Commission recommend the DENIAL of this Resubdivision,'seconded by Comm. Hayton and carried by the following roll call vote, to wit: AYES Hayton, Keene, Rudd, Reed, • Briggs NOES Copelin PASSED - Longmoor 0 0 0 Page - 7 - USE PERMITS # 248 1. DILLEY, Walter E. 507 E. Bay Ave. Balboa 2. Lot 4 Block 5 Tract BI Zone -C-1 3. Posted 7 -9 -56 4. Sale of beer at Cafe & Malt Shop. 5. The lot in question is within 1201 of an R -3 Zone and under Section 9105. I .(b) a Use Permit must be secured before the sale of liquor may be permitted. 6. DISCUSSION At the Planning Commission meeting on July 19, 1956 this application was considered with a motion to DENY resulting in a tie vote. Reconsideration is necessary at this meeting. 7. FINDINGS The residential zone, 1201 from Cafe & Malt Shop, is comprised of apartments which are seasonal and attracts • teen -age groups. Applicant has shown intent of en- larging establishment by providing 40 or more seats. The Commission feels this increased capacity would not be desirable for teen -age groups who are using near -by residential property. 8. Commissioner Reed moved the Commission recommend the DENIAL of this Use Permit, seconded by Comm. Hayton and carried by the following roll call vote, to wit: AYES Hayton, Reed, Copelin, Rudd, Briggs & Longmoor NOES Keene #254 1. FOSTER & KLEISER CO. 4501 W. Pacific Coast Hwy. 2. Intersection of W. Balboa Blvd. & Coast Hwy. Zone C -1 -H 3. Posted August 6, 1956 4. Modernization and enlargement of an existing outdoor advertising structure. • 5. To permit the use of this sign in the standard rotate plan now used all otter Orange County 6,. DISCUSSION The Committee upon investigation of this proposed change found that there would not be a relocation and that the alterations would improve the existing 0 0 Page - 8 - USE PERMITS #254 (con'd from page 7) structure. 7. FINDINGS There being no protests entered and in consideration of the favorable report submitted by the Committee, the Commission recommends approval. 8. Commissioner'Copeli.n moved the Commission recommend the GRANTING of this Use Permit, seconded by Comm. Rudd and carried by the following roll call vote, to wit: • 1. FEE1,E7i, John 2, Lot 61 . Posted August 6, 1956 AYES: Hayton, Rudd, Copelin, Longmoor NOES: Keene, Reed, Briggs #255 319 Anade Street Newport Beach Block A East Newport Zone R-2 4. Addition of open porch to front of building with railed -off roof deck above to existing non - conforming dwelling. This R -2 property has no garage spaces and exterior stairwell extends into side yard setback. 5. Present front exterior is most unpleasing in appearance and the new addition would greatly improve this dwelling. 6, DISCUSSION Note findings. 7. FINDINGS The investigating Committee reported that the addition of the proposed porch would greatly improve the appearance of this dwelling and recommended approval. 8. Commissioner Copelin moved the Commission recommend the GRANTING of this Use Permit, seconded by Comm. Rudd and carried by the following roll call vote, to wit: ALL AYES • M • Page - 9 Use Permits # 256 1. BRUSH, Earl & Francis 3446) Coast Blvd. CDM 2. Portion of Lot 5 Block T Tract CDM Zone C-1 3. Posted August 6, 1956 4. Manufacturing of clothing. 5. Under Section 9103..51 a Use Permit is required in a C -1 Zone for the manufacturing of clothing. 6. DISCUSSION : Note findings. 7, FINDINGS a There being no protests entered and the Committee having reported that the use of the proposed area for light manufacturing of clothing would not be harmful to any nearby residential Districts the. . Commission recommends approval subject to the: condition that it be for a period of one year only. 8. Commissioner Ha yton moved the Commission recommend the GRANTING of this Use Permit 'subject to the above condition, seconded by Comm. Rudd and carried by the following roll call vote, to wit: ALL AYES 0 0 0 Page -10- 1i Second hearing on Planning Commission Resolution of Intention ,x{603 to hold Public Hearings to re -zone Tracts 1763, 1805,.and 1806, known as Harbor Highlands, from an "Unclassified" District to an R -1 -B District, 2. Posted July 9, 1956 Published July 12, 1956 39 Commissioner Briggs moved the Commission recommend to the City Council that Tracts 1763, 1805 and 1806, known as Harbor Highlands, be zoned as an R -1 B District, seconded by Comm. Hayton and carried by the following roll call vote, to wit: ALL AYES D. Commission Hayton moved the Commission, for administrative purposes, consider all setbacks which would become non - conforming under an R -1 -B District as conforming under the Code, seconded by Comm. Copelin and carried by the following vote: ALL AYES.. . . . . . . . . . . . . . . . .. . . L E T T E R S A letter was read to the Commission from Commissioner Smith dated August 7, 1956 wherein he requested, due to an unexpected emergency, that he be excused from the Planning Commission meeting on August 16, 1956. On motion of Commissioner Copelin, seconded by Comm. Reed and carried, Commissioner Smith's letter was accepted, request approved, and ordered filed. A letter was read to the Commission dated August 16, 1956 signed by Robert Shelton, City Manager requesting the Planning Commission to commence proceedings to amend the zoning ordinance to provide for the proposed new zone classification M -1 -A. Mr. Shelton in his communisation sets forth "It is the opinion of this office that action to establish the new classification as part of the zoning ordinance is evidence of the City's intentions, and provides a basis for productive discussions with property owners adjacent to the northwesterly boundary of the City, and for early action to appropriately zone such • properties if, and when, they are annexed ". Commissioner Briggs moved the Commission adopt a Resolution of Intention to hold public hearings to amend Ordinance # 635 to create a new zone to be classified M -1 -A, seconded by Comm. Reed, and carried by the following vote, to wit: ALL AYES 0 Letters (continued) 0 Page - 11 - A letter dated August 16, 1956 signed by Robert Shelton, City Manager was read to the Commission wherein an invitation was extended to the Planning Commission to be the guests of the City at the next meeting of the 'Orange County League of Cities to be held on August 23rd in Huntington Beach. . . . . . . . . . . FML MAPS #3CO4 & 3057 A letter.dated August 16, 1956 signed by J.B. Webb, City Engineer was presented to the Commission in which it was stated that he had found the final maps of Tracts 3004 & 3057 technically correct and complied with applicable provisions of the Subdivision Ordinance. • Commissioner Hayton moved the Commission recommend the APPROVAL of the final maps for Tracts # 3004 & 3057 subject to the following conditions, seconded by Comm. Copelin and carried by the following roll can vote, to wit: ALL AYES 1. That the Subdivider be in- structed to pay the City of Newport Beach ?15.00 per lot for park purposes;in accordance with the Minute Resolution adopted by the City Council on April 17, 1956. 2. That all utilities be installed below ground except those which have already been constructed above ground. 3. That trees be planted in accordance with the Subdivision Code of the City of Newport Beach. • • Page - 12 - FINAL MAPS #2813 A letter was read to the Commission dated August 16, 1956 signed by J.B. Webb, City Engineer, wherein he set forth that the Final Nap of Tract No. 2813 substantially conforms to the Tentative Nap hereto- fore approved by the Planning Commission and that said map was technically correct and complied with applicable provisions of the Subdivision Ordinance. Commissioner Copelin moved the Commission recommend the APPROVAL of the Final Map of Tract # 2813, seconded by Comm. Briggs and carried by the following roll call vote, to wit: ALL AYES Note: It is the understanding of the Planning Commission that the Irvine Company is to develop a park as shown on Subdivision Naps and to be donated to the City. . . . . . . . . . . . . CHANGE OF MEETING DATE In order to process applications considered by the Planning Commission and to have availabb the minutes for the City Council's meetings it has been recommended by the Acting Administrative Assistant to the Planning Commission that the meeting date be changed from the 3rd to 2nd Thursday of each month. Commissioner Copelin moved the Commission change the dates of the Planning Commission from the 3rd to 2nd Thursday of each month to begin with the month of October 1956, seconded by Comm: Reed and carried by the following vote, ALL AYES. . . . . . . . . On motion of Commissioner Copelin-, seconded by Comm. Keene and carried, the meeting was adjourned to 4:00 P.M. August 24, 1956 in order to hear Variance Application # 311 submitted by the City of Newport Beach.