HomeMy WebLinkAbout09/16/195492
MINUTES Cr THE PLANNING CCtMISSICN, TIDMMY, SEPT== 1fi, 19$4 - 8:00. PM
CITY BALL COUNCIL CAX NEWPORT BEACH CALIF.
Chairman Loagmoor called the regular meeting of the Planning Commission to I
order.
Application of the Lido Isle Community Association to enlarge the
U.P. #156 enclosed portion of the community club facilities with no change of
Lido Isle Community the presdat usage of the building. Said club building is located. ,
Assn. on Lots 201, 21, and 22, Tract #907 in an R-1 District. A Use
Lots 20, 21, & 22 Permit is required by Section 9105.1 (f) and Section 9105.7(g) of
Tract #907 the City Code.
The hearing was declared open.
GRANTED
Commissioners present: Lind, Longmoor, B4ad, Hnd.d, Smith,
ROLL CALL
Rayton, Briggs, Oopelin.
Commissioners absent: Some
MINUTES
Minutes of the meeting on August 19, 1954 were approved upon
motion of Como Bald, seconded by Como Smith, and carried.
(Set over from August 19 meeting due to applicant not being present
'USE PERMITS
at that meeting:
Application of B. N. Noffinger to rent boat slips located in a
#154
"Ue district rarerfront area adjacent to a 0-2 district land area
Boffinger, B. E.
for use by private boats only and not to include any use by
commercial or charter boats. SAid 0.2 property is described
Lot 12, Blk. 219
as Lot 12. B1k.219, Section A, Newport Beach, and that property
Sea. A. Newport
lying between said Lot 12 and the U.S. Bulkhead line of Newport
Beach
Bay, and located at 221 - 19th St. The hearing ran declared open.
FINDINGS: Piers are located in a OU" District adjacent to a C-2
GRANTED
district, therefore, rental of piers is allowable.
CONDITIONS: Private boats only to be allowed with no commercial
boats to be docked at or use pier installations under this permit.
The hearing was closed upon notion of Como Oopslin, seconded by
'
Como Smith, and carried.
Como Smith moved that the application be granted, seconded by
Cam. Bayton, and carried by the fallowing roll call vote, to -wit:
ALL AYES
Application of William E. Groff for permission to build a second
U.P. #155
dwelling unit in an Unclassified District on Lot 5, Block 2,
Tract V. The proposed dwelling unit is in addition to an e3dating
Groff, William E.
house on said Lot 5 and granting of this Use Permit will anew an
R-2 use of the Property. Property is located at 3226 Clay St.
Lot 5, Blk. 20
in the Stricker Annexation area.
Tract #27
The hearing was declared open.
FINDINGS: Proposed coning of this property is R.-2, under
GRANTED
Resolution #585, Amendment #8.
The hearing was closed upon motion of Com. Reed, seconded by Como
Rudd, and carried.
Como Lind moved that the application be granted, seconded byCom.
Copelin, and carried by the following roll call vote, to -wit:
ALL AYES
Application of the Lido Isle Community Association to enlarge the
U.P. #156 enclosed portion of the community club facilities with no change of
Lido Isle Community the presdat usage of the building. Said club building is located. ,
Assn. on Lots 201, 21, and 22, Tract #907 in an R-1 District. A Use
Lots 20, 21, & 22 Permit is required by Section 9105.1 (f) and Section 9105.7(g) of
Tract #907 the City Code.
The hearing was declared open.
GRANTED
93
FINDINGS: The Community Association Chub is.a community project and
of benefit to the entire Lido•Isle population. Enlargement of the
covered portions will not be detrimental to adjacent property.
' The hearing was closed upon motion_of Cam. Copelin, seconded by Com.
Bayton, and carried.
Com. Lind moved that the application be granted, seconded by Com.
Rudd, and carried by the foll®wing roll call vote, to -wit:
ALL AYES
( : to be inserted in Use Permit #155. Mr. Groff requested a to be
three•0) foot aideyard setback to extend along the rear forty -nine foot, inserted in
six inch portion of the northwesterly side property line on Sept. 17, 1954. U.P.#155
Section 9103.82 requires such a Variance be handled with the Use Permit.
A ballot form containing a complete description and illustration of the page 92
request was mailed to each commissioner present at the hearing, for a vote,
the result of the signed ballots allowed said setback to ba added to the
Use Permit, and was as follows:
AYES: Briggs, Longmoor, Reed, Lind, Copelin, Aayton
NOES: Rudd
Set over from Aug. 19th meeting for further study, applicant not being
present at that meeting.)
Application of Donald Haven Ball to permit the storage, writing, and pre-
paration of commercial art and advertising, and as explained in Annex A
and B of the application on file with the Administrative Assistant. U.P. #154
Located in an R.2 district on property described as Lot 12, Block 439,
Corona del Mar Tract, and further located at 418 Marguerite, Hall. B.
The hearing was declared open. '
FINDINGS: This some to be only one of a possible large member of lot 129 gig, 439,
similar cases in our city, some of them may be in definite violation, D D M Tract
same border line cases and others ,might well be permitted. The case in
question involves a citizen whose business office is outside of the
city limits and the only violation committed, if any, is that the turned over to
applicant, as a matter of convenience, has used a rear apartment forCity Council with
doing some art work in connection with his business. So far as we recommendation
know there has been no complaint from other property owners.in that that it be
vicinity. The garage apartment in question is located at rear of referred back
applicant's residence. to Planning
Commission.
So far, there is no definite distinction between using a home for
Home Occupation and using a home for Home Work but disposition of this
ease may be necessary at this time. It would seem adviseable, however,
that considerable research be done on this matter before any attempt
is made at enforcement. The Code requires that the Planning Commission .
make a decision before the expiration of 30 days following hearings on
a Variance application, but the Committee believes it advissable that
more time be given for study of the problem such as this and similar
eases.
The hearing was closed upon motion of Con. Copelin, seconded by Com.
Reed, and carried.
' Upon motion of Cam. Smith, seconded by Com. Rudd, and carried, Variance
Application #154 was turned over to the Gity Council with recommendation
that it be referred back to the Planning Commission for further study..
accord with the Planning Commission findings. Motion w4s carried by
the following roll call vote, to -wit:
ALL AYES
S1
V11 A
(Set over from Aug. 19th meeting for further study)
V - #156 Application of Harry M. Kelso for a 10 foot waterfront setback, zero
sideyard setbacks, and a 4 foot rearyard setback for a proposed
Kelso, Harry M. 4-unit apartment building with five detached garages on a C-1 -H
district parcel consisting of L4t#24, and the westerly * of
Wt #24 & Lot #23, Tract #1622, located at 3432 Via Oporto. A variance is
Lot #23 required by Section 9105.4(g) as amended by Ordinance P702.
The hearing was declared open.
DENIED FINDINGS: (Same findings as appear under Variance Application
#155 apply)
The hearing was closed upon motion of Cam. Rayton, seconded by Cam.
Smith, and carried.
Cam. Smith moved that the application be denied, seconded by Cam.
Hayton, and carried by the following roll call vote, to -wits
ALL AYES
Application of Leo S. Koch for a seven and one half (*) foot
V - #157 rearyard setback fora home workshop and garage building on an
R 1-B district property described as Lot 167 and adjacent }
Hoch, Leo S. of Lot 168, Tract #12379 located at 616 Seaward Road. Said
garage in to be detached from the house s.distance of G feet
Lot 167 & J Lot 168 and placed two feet from the side setback as is allowed by
Tract #1237 Section 9104.0 and 9105.4(f). A variance is required by
Section 9104.11(b).
GRANTED The hearing was declared open.
FINDINGS: Similar rearyard setbacks have been.allowed on surrounding
properties in the immediate area. Placement.of the accessory
building as proposed in this application will not be detrimental
to adjacent or surrounding properties.
The hearing was closed upon motion of Cam. Lind, seconded by Con.
Reed, and carried.
Com. Hayton moved that the application be granted,as applied for,
seconded by Con. Reed and carried by the following roll call vote,
to -wit:
E
(Set over from Aug. 19th meeting for further study, applicant
not being present -at that meeting.)
V - #155
Application-of Mrs. Carl J. Schiller for a 10 foot ,waterfront
setback, zero sideyard setbacks, and a 4 foot rbargard setback
Schiller, Mrs.
for a proposed /,unit apartment building with five detached
Carl J.
garages in A C-1-H District parcel consisting of Lot #22
and easterly * of Lot 023, Tract #1622, bleated at 3424 Via
Lot #22 & J- Lot 23
Oporto. A variance is requires by Section 9105.4(g) as amended
Tract #1622
by Ord. #702.
The hearing was declared open.
DENIED
FINDINGS: .Section 9105.4(8), Ordinance #702 requires residential
setbacks in a commercial zone on residential construction.
The Commission has granted variaces as to rearyards from 5' to
41 on.similar properties in the vidinity and the Commission would
recommend that a similar 41 rearyard be allowed on these two
variances. With this exception applications are considered.
contrary to the Municipal Code and denial is recommended.
The hearing wan closed upon motion of Om. Gopelin, seconded by
Com. Lind, and carried.
Com, Smith moved that the application be denied,in accord with the
findings, motion seconded by Sam. Hapton, and carried by the
following roll can vote, to -wits
V11 A
(Set over from Aug. 19th meeting for further study)
V - #156 Application of Harry M. Kelso for a 10 foot waterfront setback, zero
sideyard setbacks, and a 4 foot rearyard setback for a proposed
Kelso, Harry M. 4-unit apartment building with five detached garages on a C-1 -H
district parcel consisting of L4t#24, and the westerly * of
Wt #24 & Lot #23, Tract #1622, located at 3432 Via Oporto. A variance is
Lot #23 required by Section 9105.4(g) as amended by Ordinance P702.
The hearing was declared open.
DENIED FINDINGS: (Same findings as appear under Variance Application
#155 apply)
The hearing was closed upon motion of Cam. Rayton, seconded by Cam.
Smith, and carried.
Cam. Smith moved that the application be denied, seconded by Cam.
Hayton, and carried by the following roll call vote, to -wits
ALL AYES
Application of Leo S. Koch for a seven and one half (*) foot
V - #157 rearyard setback fora home workshop and garage building on an
R 1-B district property described as Lot 167 and adjacent }
Hoch, Leo S. of Lot 168, Tract #12379 located at 616 Seaward Road. Said
garage in to be detached from the house s.distance of G feet
Lot 167 & J Lot 168 and placed two feet from the side setback as is allowed by
Tract #1237 Section 9104.0 and 9105.4(f). A variance is required by
Section 9104.11(b).
GRANTED The hearing was declared open.
FINDINGS: Similar rearyard setbacks have been.allowed on surrounding
properties in the immediate area. Placement.of the accessory
building as proposed in this application will not be detrimental
to adjacent or surrounding properties.
The hearing was closed upon motion of Cam. Lind, seconded by Con.
Reed, and carried.
Com. Hayton moved that the application be granted,as applied for,
seconded by Con. Reed and carried by the following roll call vote,
to -wit:
E
95
Application of G. Ernest and Ruth M. Walker to resubdivide a parcel
consisting of two R-2 lots described as Lots 9 & 10, Block K. 9 - #158
' Seashore Colony Tract into two more equal size R-2 building sites
as follows. Walker.. G. Ernest
Building Site #1 - consisting of the southwesterly 30 feet of Lot & Ruth M.
010, Block K. Seashore Colony Tract.
Building Site #2 - consisting of the northeasterly 5 feet of Lot Lots 9 & 10
#l0 and all of Lot #9, Block K, Seashore Colony Tract. Mk, K,
A variance is required by Sections 9103.23 and 9103.25 (c), property Seashore
is located at the southwest corner of Seashore Drive and Highland St. Colony Tract
The hearing.was declared open.
FINDINGW: A readjustment of the common lot line as proposed will
create two more equal lots. Lot #9 wiU* ; -be enlarged by.5 feet in GRANTED
width thus creating a better building site. Lot #10 will be some
30 feet wide which is the width of recorded lots in the adjacent
area.
The hearing was closed upon motion of Com. Copelin, seconded by Com.
Rudd, and carried.
Com. Rudd moved that the application be granted, seconded by Cam.
Hayton, and carried by the following roll call vote, to -wit:
1
rM
Application of Dean A. Kephart for a gesxyard setback of 50 in an
R--1 district on Lot #28 and #29 of Tract #9448, which lots have a
reverse fronteFgs condition. Said lots are located on the.south-
east corner of Balboa Blvd. and Seville Ave.
The hearing was declared open.
V — #159
Kephart, Dean A.
FINDINGS: Similar rearyard variances have been granted on Lot 42
of Tract #948 (31611) and on Lots 1 and 2 in Block M of Tract #518
(31). Lot 28 abuts the rear * of an adjoining lot and sides on an
alley. Lot 28 sides on Seville and abuts the front* of a lot.
The 5 foot rearyard will be greater than the side setbacks required
on said adjoining lot and the side setback required for said Lot 28
along Seville will be the same on the rear 20 feet as the front
setback.on the adjoining lot said Lot 28 abuts.
The hearing was closed upon motion of Com. Copelin, seconded by Come
Rudd, and carried.
Com. Rudd moved that the application be granted, seconded by,Com.
Hayton, and carried by the following roll call vote, to -wit:
ALL AF ES
Lots 28 & 29
Tract #948
Application of Sadie M. Irwin to erect a 3 car garage and apartment
over and with a frontyard setback of four (L,) inches, a sideyard V - #160
setback .along the alley of four (/+) `inches, and a zero sideyard set-
back on the northeasterly side, on Lot #9, Block 21, of.Newport Irvin, Sadie M.
Beach Tract, and located at 106 - 22nd St. Lot 9, Blk. 21
On motion of Com. Copelin, seconded by Con. Hayton, and carried, the Newport Bch-
Tr-application was set over for hearing on October 21, 1954 as the
set over
applicant was not present nor represented.
f 1
Application of Mr. & Mrs. W. G. McCarty to permit
setback of 8 feet 9 inches on a proposed addition
V - #161 of an existing portion of a house which extends 3
into the required 12 foot front setback on Lot 6,
McCarty, W. G. River Section Tract, and located at 3708 W. Balbo
The hearing was declared open.
Lot 6, Block 137 FINDINGS: The remainder of the block is built u p
River Section Tract the McCarty property and existing houses are on
front setback line as required. The McCarty h ones
DENIED. - improved and be improved and be made to conform.
of this Variance would be detrimental to adjacen t
The hearing was closed upon motion of Com. Lind,
by Como Hayton, and carried.
a frontyard
to each side
feet 3 inches
Block 137,
Blvd.
adjacent to
the 12 foot
can be
Allowance
property.
seconded
Como Lind moved that the application be denied, seconded by
Como Hayton, and carried by the following roll call vote,
to -wit:
ALL AYES
3rd hearing on Planning Commission Resolution #585 to amend zoning
of the recent Stricker Annexation from a "0" District to appropriate
AMENDMENT #8 districts available under existing zoning regulations. The hearing
was declared open and a map labeled Exhibit A was presented by the
Commission illustrating the proposed zoning and setbacks as described
under Findings below, and a written description of the proposal was
read. Said proposal was based on the results of a questionaire which
was submitted to all property owners - available in the annexation
area, of which 74% were received -by the commission with the
information requested together with a personal survey of the area
by the Commission.
FINDINGS: After consultation with property owners in the-affected
area and a thorough study of County zoning existent price to
annexation and the existing use of property within said area and
adjacent areas, the Planning Commission hereby proposes that "II"
District property be rezoned as followst
1. That R-1 district zoning be applied to a triangular section of
Tract #464 bounded by Old County Road, Broad St., and Westminster
Ave., southerly of Block 1 in Tract #27.
2. That R..2 District zoning be applied to all of BIDooks 21, 3, and 7;
Lots 1, 21 3, and ,4 of Block 6; Lots 6, 7, 100 11, ].t„ 15, 18, 19,
and 22 and the easterly portions of Lots 3, 4, and 23 as divided by
the northerly and southerly prolongations respectively of the common
property line extending between Lots 5 and 6 and Iota 21 and 22 of
Block 8, and all in Tract #27, and also:Lots 7 & 8 in Tract #443.
3. That C-1 District zoning be applied to all of Block 9; Lots
5 & 6, 7, and 8 of Block 6; Lots 1, 2, 5, 8, 9, 12, 139 169 17., 209
21, 24, 25, 26 and the westerly- portions of Iota 3, 4, and 23 as
divided by the northerly and southerly prolongation respectively
of the common property line extending between.Lots 5 & 6, and Lots
21 and 22 of Block 8, and all in Tact #27 and also Iota 10 2, 3, 4,
5, and 6 in Tract #443.
The assembly was in accord with the Commission recd mendations and
no objections Were presented.
The hearing was closed upon motion of Cam. Copelin, seconded by
Como Hayton, and carried.
RECOMMATIONS: The zoning districts as proposed in the findings
above are in general accord With the existing uses of the property
and reflect the expressed desires of'the property owners contacted
by means of the written questionaires and the hearings. It is also
recommended that the following proposed frontyard setbacks be
established on the property on which residential zoning is proposed:
Fifteen (15) feet along Broad St.; and the northerly side,of
Westminster Ave.; and the triangubar portion of Tract #464 facing
Westminster Ave.: between Broad and Clay-Streets; and twenty (20)
feet along Orange Ave., Bolas, Ave.,'and Clay Street. These front
setbacks are consistant witbthe setbacks of existing buildings.
Motion to adopt Resolution #585 recommending to the City Council that
zoning and setbacks be amended-as proposed tinder said Resolution #585
and described in the findings and recommendations herein above with
Exhibit A. was made by Com. Longmoor, seconded by Cam. Copelin,
and carried by the following roll call vote, to -wit:
ALL AYES
97
Amendment #8
(continued)
Discussion of professional offices set over until October 21, 1954 Professional
to determine possible uses to be included and defined under the offices
term "Professional Offices ".
Being a' resolution to determine that the frontyard setback on
Lots 1 and 2 in Block M, Tract #518; Lots 1, 2, 280 29, 42, 43 Resolution #586
in Tract #948 be interpreted to be five feet (51) facing Balboa
' Blvd. and that District Map #12.be corrected to show said setback.
The hearing was closed upon motion of Com. Copelin, seconded by
Com. Lihd, and carried.
Cam. Copelin moved that Resolution #586-be adopted, seconded by
Cam. Lind, and carried by-the following roll call vote, to -wit:
ALL AYES
It is hereby proposed to name certain access roadways, as outlined
in Sections 65711 to 65715 inclusive of the California Staten
Government Code, and September 16, 1954 is set as the date of Resolution #587
public hearing.
The hearing was declared open.
rINDINGS: Streets to be name as follows: "Park Lane", "River
Avenue ", "Way Lane ", "Breakers Drive ". to locate houses for
mailing and delivery purposes (See Resolution #587 for legal
description)
Com. Copelin moved that the hearing be closed, seconded by Gem.
Lind, and carried.
Goa. Copelin moved that a.Resolution of Intention #587 be made and
set a hearing for Sept. 16, 1954 to name the streets as stated in
the findings. Motion seconded by Cam. Lind, and carried by the
following roll call vote, to -wits
' ALL AYES
f •
r
Proposed Planning Commission fora - L. M. Holbroo$, Administrative
Res. #588 Assistant, presented a form for resubdivision of less than 5 lots
and with a filing fee of $10[:00 where no Variance is needed.
Resub. of less Sections 9252.22 and 9252.23 of the Subdivision Law of the City
than 5 lots. requires that a certain formula be followed, but provides no fee
or reasonable legal method of accomplishing the division, and
proper$y recording it. Where a Variance exists the Commission
has a form for resubdivision of such property, which has been
used for proper recording.
The hearing was declared open.
FINDINGS: Ordinance $650 Section 9252.11 provides for a filing
fee of $25.00 for any subdivision of 5 or more lots. Section
9252.21 states a size of tentative map required which would apply
to all subdivisions. Section 9252.22 states the requirements for a
tentative map of lose than five (5) lots. Section 9252.33 allows
the Planning Commission to recommend and the Council to approve
that the requirements of a final map be omitted for proposed sub -
divisions containing four (4) lots or less.
A combination form wherein all phases of the transaction
can be covered and of a size suitable for standard filing systems
has been developed by the Planning Commission Administrative Assis-
tant. Said form will eliminate duplicate paper work and save time.
The processing of such a subdivision does require con-
siderable work and there is no provision at present to allow a fee
to be charged for subdivisions of less than five (5) lots. The
City pays all expenses at present for the subdivider on work
performed to prowess the division b y the City. The fee of $25.00
would also be consistent with the proposed change in fees for
Variance applications to twenty -five ($25.00) dollars where such
subdivisions are handled on property in Variance with the
Zoning Law Ordinance #635.
The hearing was closed on motion of Come Copelin, seconded by
Come Lind, and carried.
Come Copelin moved to recommend to the City Council that the form
be adopted as presented, and that Ordinance #650 be amended to
establish a filing fee of twenty -five dollars ($25.00) for sub-
divisions of less than 5 lots, by changing the wording of
Section 9252.11 to read - "a filing fee of twenty -five dollars
($25.00) for any subdivision including subdivisions of less than
five (5) lots."
Motion was seconded by Come Lind and carried by the following roll
call vote, to -wits
ALL AYES
Res. #589 Come Copelin proposed a Resolution of Intention to amend the
to increase Zoning Ordinance to allow an increase in application fees required
application by Ordinance #635, for Use Permits, Variances, and Amendments, to
fees be as follows:
Use Permits - $15.00
Variances - $25.00
Amendments - $50.00
and to set the first hearing on October 21, 1954, and a second
hearing November 18, 1954. Motion was seconded by Come Smith and
carried by the following roll call vote, to-wit-
ALL AYES
I�
rr
DAM
Application of Ralph L. Hoyle, Jr. to resubdivide Lot #970,
' Tract #907 into two building sites as follows: Re -Sub of less
Bldg. Site #1 - all of Lot #970 excepting a rectangular
section 40 feet wide by 110 feet deep fronting on Via Lido than 5 lots
Soud, and 5,600 square feet in area. #1
Bldg. Site #2 - consisting of a rectangular section 40 feet HOYLE, Ralph L.
wide by 110 feet deep front on Via Lido Soud and 4,400 square
feet in area. Lot #970,
The hearing was declared open. Tract #907
FINDINGS: The Proposed building sites are of legal size and
are not in Variance with the City Code and have access upon Granted
the public streets of Via Lido Soud and Via Firenze. The shape
of said Lot #970 is such that it could be better used as
proposed to be subdivided herein and furnish two adequate
building sites of equal or greater size than adjacent or
surrounding recorded lots.
The hearing was closed upon motion of Como Smith, seconded by
Corn. Copelin and carried.
Como Lind moved that the Subdivision be adopted, seconded by
Como Hayton, and carried by the following roll call vote, to -wit:
ALL AYES
Proposed excavation and processing of gravel by Sully Miller on
property northerly of the present city disposal area. Same Referral from
' process is now being conducted on a leased area within the damp Costa Mesa
site. Planning
The hearing was opened. Commission
No objections were received.
The hearing was closed.
Como Copelin moved to turn the letter over to the Administrative
Assistant with instructions to notify the Costa Mesa Planning
Commission that the City of Newport Beach Planning Commission had
no objections to the Sully — Miller operation to excavate and process
gravel in said area. Motion seconded by Como Hayton, and carried.
As there was no further business to come before the Commission,
the meeting was adjourned.
Ray/O. Copelin
Se etary -