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Home My WebLink About09/19/1957MINU'T'ES, PLANNING COMMISSION MEc,:ING CITY HALL COUNCIL CHAMBERS NMIPORT BEACH CALIFORNIA September 19, 1957 8:00 P.M. ROLL CALL Commissioners Present: Reed, Copelin, Keene, Lind Longmoor, Smith, Rudd, Hayton Commissioners Absent : Briggs On motion of Commissioner Copelin, seconded by Commissioner Reed, the minutes of the meetings on August 15 and August 22, 1957, were corrected and approved as follows: An application submitted for consideration of the Planning Commission for a roof sign at 3244 East Coast Highway was APPROVED, subject to the condition that the sign must not VARIANCES 402 1. LABORDE, M. M. 2021 Commodore Newport Beach 2. Lot 35 Tract 3082 Zone R -1 -B 3. Posted Sept. 69 1957 Published Sept. 9, 1957 4. Encroachment of 7' into a required rear yard setback of 22'. 5. Lot depth too shallow to allow suitable construction.of 1,750 sq. ft. home. 6. DISCUSSION: See findings 7. FINDINGS: Policy established by the Commission permits encroachment in an R -1 -B district for rear yards to a minimum of 15'. 8. On motion of Commissioner Reed, seconded by Comm. Hayton, Variance Application # #402 was APPROVED by the following roll call vote, to wit: ALL AYES #401 1. DEVENDORF, F. E. 1921 Tahuna Dr. Corona del Mar 2. Lot 102 Tract 2813 3. Posted Sept. 69 1957 Published Sept. 9, 1957 Zone R -1 I 0 0 Page 2 #403 con't 4. A detached garage on the front half of the lot. 5• In order to comply with code in attaching garage to house, it would infringe so badly on patio area that it would not be possible to put in pool and other recreational equipment. 6. DISCUSSION: See findings 7. FINDINGS: The Committee reported this reauest to be in keeping with architectural design adopted by the subdivider for this new tract and recommended approval. 8. On motion of Commissioner Hayton, seconded by Comm. Reed, Variance Application #403 was APPROVED by the following roll call vote, to wit: ALL AYES #404 1. MATHER, Roy & Geraldine 204 Hazel Drive Corona del Mar 2. Lot 31 Block A 3. Posted Sept. 6, 1957 Tract 673 Published Sept. 9, 1957 Zone R -1 4. Construction of a 6' fence one ft. inside property line on Hazel Drive. 5. To obtain the necessary privacy on this small lot where pedestrian and.automobile traffic is heavy, particularly on weekends and holidays. (Front of property (Glen Drive) already has a 10' setback). 6. DISCUSSION. See findings 7. FINDINGS: Due to typography of this area, the Commission has granted several variances permitting encroach- ments to within 1' of the front property line. This request for a fence is in keeping with the policy already established and the Committee recommended approval. 8. On motion of Commissioner Reed, seconded by Comm. Hayton, Variance Application #404 was APPROVED by the following roll call vote, to wit: ALL AYES 1. SMITH, Mrs. Margaret Bryan 1704 So. Bay Front, B. I. 2. Lots: Part of 3 & 4 (east 12.7f) B1. 3 B.I. Sec. Zone R -2 3. Posted Sept. 6, 1957 Published Sept. 9, 1957 4. Permission for 8111" lattice windbreak to remain within side yard setback. Page 3 #405 cont' 5. Four -foot setback from fence would defeat the purpose of the lattice windbreak. Instead of checking wind velocity to back patio, it would be increased through the 4 -ft. gap. Had this windbreak built upon the advice of my doctor for reasons set forth in his letter which accompanies this application. Note: The existing lattice windbreak was erected on this property without a variance. A complaint was made to the Building Dept. by a neighbor. The owner has. filed a variance application requesting permission to keep the lattice windbreak for the reason that the removal of same would be detrimental to her health. 6. DISCUSSIONi 1dr. Donald Harwood, Attorney, representing Mrs. Chandler, spoke against this variance request for the reason that the fence which is in excess of 6' high obstructs the view of his client. Commissioner Lind stated, after a discussion with the other Commissioners., that in his opinion, the only violation that existed in this instance was that the fence was in excess of 6'. He believes that the section in the Zoning Ordinance having reference to fences, hedges, etc., permits said fences and hedges within a side yard setback, whether it be on the property line or between the property line and the main dwelling or accessory buildings. 7. FINDINGS: In view of the above discussion, the Committee recommended approval of the request of the applicant, subject to the condition that the fence be limited to a height of 6'. 8. On motion of Commissioner Lind, seconded by Comm. Keene, Variance Application #405 was APPROVED, subject.to the condition above', by the following roll call vote, to igit: ALL 'AYES #406 1. BEAUCHAMP, E. L. 203 Topaz Balboa Island 2. Lot 11 Block 12 B.I. Tract Zone R -2 3. Posted Sept. 6, 1957 Published Sept. 9, 1957 4. Waiver of rear yard setback in order to permit construction of a double garage. 5. No parking facilities except in front yard, but because of crowded conditions, it is impossible to use this space. The width of the street with cars parked on both sides does not leave enough room to turn into yard from the front. 6. DISCUSSION: Note findings Page 4 • #406 cont 7. FINDINGS. The Committee in their report to the Commission stated upon their investigation of this prop- erty found that at one time a garage existed, however, it had been enclosed to be used for living quarters. The Committee recommended denial of this application and suggested that the applicant convert the garage to its original purpose. 8. On motion of Commissioner Lind, seconded by Comm. Keene, Variance Application x`406 was DLNIED.by the following roll call vote, to wit: ALL AYES ¢'' 407 1. JUDGE SPARLIFG, & Mrs. 306 Diamond Ave. Balboa Island 2. Lot 4 Block 14 Section 3 Zone R -2 3. Posted Sept. 61 1957 Published Sept. 9, 1957 4. Encroachment of 22' into a required 5' rear yard setback for second floor overhang only. . 5. The 27 feet of variance of bedroom space is urgently needed in order to make the bedrooms of reasonable size. The variance will not be out of conformity with adjacent buildings. 6. DISCUSSION: See findings 7. FINDINGS: The Commission established a policy at their regular meeting on August 229 19579 by stating that encroachments on second floor overhangs into rear yard setbacks,would not be permitted. It was felt that the encroachments contributed to the congestion already existing on Balboa Island, and it was the Commission's.opinion that additional living quarters on these small lots should not be allowed. It was further stated that a hardship as required under the Zoning Ordinance for a variance had not been shown. 8. On motion of Commissioner Keene, seconded by Comm. Lind, Variance Application #407 was DENIED by the following roll call vote, to wit: ALL AYES 6 • 0 CJ 1. LOMITA SQUARE CORP. 2. Lots 143 and. 159 3. Posted Sept. 6, 1957 Page 5 •: 1815 Galatea Terrace, 1621 Bayadere Terrace Tract 2813 Zone R -1 Published Sept. 99 1957 4. Swimming pool in front one -half of lot. 5. There is no room for pool in rear yard as it is dovin terraced bluff and Bayadere Terrace is one -sided street. Galatea Terrace is also one -sided street. 6. DISCUSSION: See findings 7. FIiDINGS) The Committee stated that the proposed Swimming Pool Ordinance permits pools in the front half of lots and recommend approval of this application, subject to the following conditions: 1. Swimming pool must be at least 5' from any side or rear yard property line and 10' from any front yard property line. 2. Pump, filter and heater installation must be enclosed in a vault of masonry construc- tion and may be located not less than 5' from any side or rear yard property line but in no event nearer than 10' to any main dwelling on adjoining property. Pump may be operated between the hours of 8:00 A.M. and 8:00 P.M. only. The swimming pool must have a 5' fence above the underlying ground with a self - latching gate. 8. On motion of Commissioner Lind, seconded by Comm. Keene, Variance Application ''408 was APPROVED, subject to the above conditions by the following roll call vote, to wit: ALL AYES • • • Page 6 RESUBDIVISIONS 1. BRYANT, George W. 735 Via Lido Soud 2. Lot 30 except westerly 5' thereof Tract 907 Zone R -1 3•. Posted August 14, 1957 4. Realinement of property lines. 5. DISCUSSION: This application was referred to the Commission on August 229 1957, but due to irregularities concerning the application, it was referred:to the City Attorney for an investigation and report. The following information was received from the office of the City Attorney on September 16, 1957: "This office has read the affidavit of George D. Buccola on file which indicates that there was no intent to evade the subdivision law: The property owners changed the front footage.by taking five feet from Lot 30 and adding it on to Lot 29. It is my opinion that the Commission in determining this resubdivision should base its decision on the merits of the matter as they would do in the first instance." 6. FINDINGS: On the basis of the report received from the office of the City Attorney and the affidavit on file from Mr. George Buccola, the Committee recommended approval of this application. 7. On motion of Commissioner Smith, seconded by Comm. Rudd, Resubdivision Application #57 was APPROVED and the filing of the Final Map waived by the following roll call vote, to wit: ALL AYES r1 U L 0 i 1. CAMPBELL, Philipp 2. Lot 8 Block 2 3. Posted Sept. 5, 1957 Page 7 413 Edgewater Balboa Tract USE PERMITS #358 Balboa Zone R -1 4. Remodeling of garage and relocating existing stairway on a non - conforming dwelling. Note: This dwelling is non - conforming due to three sides of the existing garage being on the property line. 5. DISCUSSION: Note findings 6. FINDINGS: In a report to the Commission, the Committee stated that this garage and dwelling was in such terrible condition that the entire structure should be removed. It was the opinion of the Committee that the Commission should establish a policy of not extending a non - conforming use. It was further noted that neither the applicant nor his representative was present at this meeting. 7. On motion of Commissioner Smith, seconded by Comm. Keene, Use Permit #`358 was DENIED by the following roll call vote, to wit. ALL AYES 1. GRIFFIN, C. E. 204 Agate Balboa Island 2. Lot 27 Block 10 Section 1 Balboa Tract Zone R -2 3. Posted Sept. 5, 1957 4. Addition to non - conforming building. Note. This dwelling is non - conforming due to violation of rear yard setback and absence of any garages. 5. DISCUSSION: Note findings 6. FINDINGS. It was noted by the Committee from their invest- igation of this property that the two dwellings had no garage and that several violations existed regarding setbacks. Although the applicant:� contended that the proposed addition.to this.non- conforming building would be a definite improve -. ment, the Committee stated that in their opinion the application should be denied as the applicant failed to show that any efforts would be made to provide off - street parking as required by the Zoning Ordinance. E 40 • • Page 8 i #359 con't 7. On motion of Commissioner Lind, seconded by Comm. Keene, Use Permit Application #359 was DENIED by the following roll call vote, to wit: ALL AYES 1. GENCO, Angelo Itiichael 2. Lot 6 Block 22 3. Posted Sept. 5, 1957 .• 2210 West Ocean Front Newport Beach Tract Zone C -1 4. The sale of beer at 2210 West Ocean Front. Note: This address is within 200' of residential district and under Section 9105.19 Ordinance 635, a Use Permit is required. 5. DISCUSSION: Attorney, A. K. Phelps, representative of the applicant, ._presented'to the Commission a - sketch showing a proposed building, which will be used for the purpose of on -sale beer. It was further shown that there existed directly across the street a municipal parking lot which would be sufficient for parking in this area. 6.. FINDINGS: The Committed recommended approval of the application and in their report to.the Commission stated that although parking was provided by a municipal lot across the street from this address, the applicant should be required to have suffic- ient parking on his property. 7. On motion of Commissioner Copelin, seconded by Comm. Rudd, Use Permit Application 1,`360 was APPROVED, subject to the condition that the area on the rear of the property shown as being 25' x 73' be paved and used for permanent off - street parking purposes, by the following roll call vote, to wit: AYES; Copelin, Keene, Longmoor, Smith, Rudd, Lind, Hayton NOES: Reed COMM. ABSENT: Briggs 61 1. LIDO BOAT CLUB, Inc. 3121 Id. Coast Highway 2. Lot L, East half Tract 919 Zone "U" 3. Posted Sept. 5, 1957 4. Construction of boat slips in an unclassified zone. • Page 9 7361 con't • 5. DISCUSSION: Mr. 11illiam Adams representing the Lido Boat Club, Inc., addressed the Commission and requested that he be permitted to use the adjacent property belonging-to Mrs. Vogel for the purpose of rest room facilities until such time as their rest rooms are completed. 6. FINDINGS: The Committee recommended approval of this application, subject to the following conditions: 1. One parking space for each boat mooring must be provided adjacent to bulkhead, 2. The parking area must be paved. 3. Rest room facilities must be provided in accordance with the specifications of the City Engineer. 4. Applicant may use the rest room facilities on the adjacent property belonging to Mrs. Vogel until January 1, 1958. 5. The final plans for the parking area and • the rest room facilities must be approved by the City Engineer. 7. On motion of Commissioner Longmoor, seconded by Mr. 1]ebb, Use Permit Application #x361 was APPROVED, subject to the above conditions, by the following roll vote, to wit: ALL AYES #362 1. BRIM4AN, Martin 523 l;1. Balboa Blvd. Zone R -3 2. Lot 14 Block 10 E. Newport Tract 3. Posted Sept. 5, 1957 4. The addition of a room to non- conforming dwelling. Dwelling is non - conforming due to a balcony encroachment into a side yard setback. 5. FINDINGS: The Committee in their report to the Commission stated that the existing dwelling was non -. conforming due to encroachment of a second story balcony into the side yard setback. The non- conforming use of this property is not being . extended, therefore, a recommendation of approval was rendered. 6. On motion of Commissioner Smith, seconded by Comm. Rudd, Use Permit Application #x362 was APPROVED by the following roll call vote, to grit: ALL AYES • n U Page 10 • ON 1. DOANE, David 317 Aliso Ave. 2. Lot 16 Block 17 lst Addition to Newport Heights Zone R -1 3. Posted Sept. 5, 1957 4. Addition of a new bath, bedroom and enlargement of living room to a non - conforming dwelling. Note: The dwelling.is non - conforming as it exceeds the maximum 35' front yard setback and there is a detached garage on the front half of lot. The applicant is also requesting that the 15 -day waiting period be waived as the additional living quarters is urgently needed. 5. DISCUSSION: Note findings 6. FINDINGS. This dwelling is non - conforming as it exeeeds the maximum 35' front yard setback and there is a detached garage on front half of lot. The request for an addition to the existing dwelling would be an improvement to the area and the • Committee recommended approval, subject to the condition that the request of the applicant to waive the 15 -day waiting period, be denied. 7. On motion of Commissioner Rudd, seconded by Comm..Copelin, Use Permit X363 was APPROVED, subject to the above condition, by the following roll call vote, to wit: ALL AYES #364 1. !TELLS, Byron E. 315 Coronado St. Balboa 2. Lot 42 Block C Newport Bay Tract Zone R -3 3. Posted Sept. 5, 1957 4. Alteration of garage on a non - conforming dwelling. . 5. DISCUSSION: Note findings 6. FINDINGS: The Committee recommended approval of this application, subject to the condition that the new addition to the garage conform with the side yard setback as required by the Zoning Ordinance. . 7. On motion of Commissioner Smith, seconded by Comm. Copelin, Use Permit Application V364 was APPROVED, subject to the above condition, by the following roll cull vote, to wit: ALL AYES LJ • F"1 U • Page 11 1. MUNN, Joseph E. 2212 Laurel Place 2. Lot 14 Block - Lot 48 Tract 118 Zone R -1 3. Poster Sept. 5, 1957 4. Construction of a porch and patio to a non - conforming dwelling. Note: Dwelling is non - conforming due to absence of garage and a second unit on the lot which has been zoned R -1. 5. DISCUSSION: A discussion was held with the applicant by the Commission regarding the absence of any garages on this property. The Commission advised the applicant that he should conform to the zoning ordinance by providing one garage for each unit. The applicant then reauested that the hearing on this application be set over until the next regular meeting so that he could submit additional plans providing for the garages. On motion of Commissioner Rudd, seconded by Comm. Smith and carried, the hearing on this application was set over until the next regular meeting. 1. McNEILLY, Randall K. 2. Lot 25 Block 3. Posted Sept. 5, 1957 121 - 28th St. kaI 6 Zone R -2 4. Construction of a roof over existing deck to a non - conforming dwelling. Note: This dwelling is non - conforming due to violation of side yard setback and a detached garage on front half of lot. 5. DISCUSSION: Note findings 6. FINDINGS: The Committee recommended approval of this request subject to the condition that the deck must not be enclosed at any time. 7. On motion of Commissioner Copelin, seconded by Comm. Rudd, Use Permit 1#366 was APPROVED, subject to the above condition, by the following roll call vote, to wits ALL AYES • 0 0 n lJ 1. GENTRY9 G. G. Page 12 . . 613 - 36th St. 2. Lot 7 Block 636 Canal Section Zone R -2 3. Posted Sept. 5s 1957 4. An extension to an existing living room on a non - conforming dwelling. Note. This dwelling is non - conforming due to violation of front yard setback. 5. DISCUSSION: Note findings 6. FINDINGS: The Committee recommended approval, subject to the condition that the new portion of this building conform to the required 25' front yard setback. 7. On motion of Commissioner Rudd, seconded by Comm. Copelin, Use Permit Application 11367 was APPROVED, subject to the above condition, by the following roll call vote, to wit: ALL AYES PM 1. THE IRVINE CO. Tract 3283 2. Lots 1 thru 20 Tract 3283 3. Posted Sept. 59 1957 4. Construction of single family dwellings in an unclassified zone. 5. DISCUSSION: Note findings 6. FINDINGS. Because these lots are in an unclassified zone, a use permit is required for any construction under Section 9103.81, Ordinance 1`635., 7. On motion of Commissioner Longmoor, seconded by Use Permit Application # #368 was APPROVED by the call vote, to wit: ALL AYES 1. ERVIN, John S. 2911 -2913 Newport Blvd. 2. Lot: Silly 38' of 25 B1. 227 Section A 3. Posted Sept. 5, 1957 4. The sale of beer at 2911 and 2913 Newport Blvd. Comm. Copelin, following roll 369 Zone C -1 Newport Beach Tr. I 0 • E 1. MARSHALL, Mr. & Mrs. Ray V. 1201 North Bay Front, B.I. 2. Lot 16 Block 18 Section 3 Zone R -2 3. Posted Sept. 5, 1957 4. Attachment of a new residence to an existing non - conforming dwelling. 5. DISCUSSION: Note findings 6. FINDINGS: The Committee recommended approval of this request subject to the condition that the new portion of the building must conform to the setback require= ments under the zoning ordinance. 7. On motion of Commissioner Lind, seconded by Comm. Keene, Use Permit Application #370 was APPROVED, subject to the above condition,, by the following roll call vote, to wit:' ALL AYES • Page 13 • 4369 con' -t Note: A use permit is required under Section 9105.1 as this address is within 200' of a residential district. 5. DISCUSSION: A discussion was held with the applicant by the Commission in connection with off - street parking. The applicant stated that he did not have any parking spaces available, but felt that sufficient spaces could be obtained through a lease from adjacent property owners. 6. FINDINGS: The Committee recommended approval of this application, subject to the condition that the applicant obtain a lease providing for a minimum of ten off - street parking spaces. 7. On motion of Commissioner Copelin, seconded by Comm. Rudd, Use Permit hpplication =369 was APPROVED, subject to the above condition, by the following roll call vote, to wit. AYES: Copelin, Keene, Longmoor, Smith, Rudd, Lind, Hayton NOES: Reed COM14. ABSENT: Briggs 1. MARSHALL, Mr. & Mrs. Ray V. 1201 North Bay Front, B.I. 2. Lot 16 Block 18 Section 3 Zone R -2 3. Posted Sept. 5, 1957 4. Attachment of a new residence to an existing non - conforming dwelling. 5. DISCUSSION: Note findings 6. FINDINGS: The Committee recommended approval of this request subject to the condition that the new portion of the building must conform to the setback require= ments under the zoning ordinance. 7. On motion of Commissioner Lind, seconded by Comm. Keene, Use Permit Application #370 was APPROVED, subject to the above condition,, by the following roll call vote, to wit:' ALL AYES 1 • Page 14 • 1 1. CHAPMAN, Mrs. Helen 2710 Ocean Front (W) 2. Lot 6 Block 27 Lake Tract Zone R -2 3. Addition of a bedroom extension to a non - conforming dwelling. Note: Existing building is non - conforming due to violation of side yard setback. 4. DISCUSSION: Note findings 5. FINDINGS: The Committee recommended approval of this request subject to the condition that the bedroom extension conform to the setbacks as required under the zoning ordinance. 6. On motion of Commissioner Rudd, seconded by Comm. Copelin, Use Permit Application "371 was APPROVED, subject to the above condition, by the following roll call vote, to wit: ALL AYES 372 1. KENNEDY, E. L. 518 S. Bay Front Balboa Island . • 2. Lot 4 Block 11 Section 1 Zone R -2 3. Addition of two rooms, a fireplace and interior alterations to a non - conforming dwelling. Note: Dwelling is non - conforming due to violation of side yard setback. 4. DISCUSSION: Note findings 5. FINDINGS: A recommendation of approval was made by the Committee, subject to the condition that all additions to the dwelling must conform to the setback requirements under the zoning ordinance. 6. On motion of Commissioner Lind, seconded by.Comm. Keene,. Use Permit Application #372 was APPROVED, subject to the above conditions, by the following roll call vote, to wit. ALL AYES AMENDiiP,NT #36 On August 6, 1957, the Planning Commission submitted to the City Council for consideration and adoption an Ordinance governing swimming pool regulations and restrictions. • After the first hearing by the City Council, there was received by them a letter dated August 26,. 1957, signed by Austin Sturtevant, President of the Sturtevant Co., requesting that the proposed ordinance be resubmitted to the Planning Commission for reconsideration.. • Page 15 AMENDiviENT. #�36 cant. The Commission considered the request of Mr. Sturtevant and amended the proposed Swimming Pool Ordinance as follows: 1. (1) Any swimming pool, fish pond or other body of water which contains water eighteen inches (18!1) or more in depth in R districts shall be at least five feet (5'.) from any side or rear yard property line and ten feet (101) from any front yard property line. No such swimming pool, fish pond or other body of water shall be permitted in any required yard space unless enclosing fence hereinafter required is permitted within the yard required by Section 9105.2(b) of the Municipal Code. (2) Pump, filter and heater installation shall be enclosed in a vault of masonry construction and located not less than five feet (5') from any_sid r r e o rea yard property line and in no event nearer than ten feet (- 100!) to an main dwelling on adjoining properties. Pump may be operated only between the hours of 800 a.m. and 8:00 p.m. • On motion of Commissioner Hayton, seconded by Comm. Smith, it.was recommended that Amendment #36 be submitted to the City Council for adoption in the form of an ordinance, as corrected, by the following roll call vote, to wit: ALL AYES AMENDMENT #41 1. Fourth hearing of Resolution of Intention #614 to hold public hearings on certain changes to the Subdivision Ordinance. 2. Published June 27, 1957 3. On motion of Commissioner Hayton, seconded by Comm. Copelin, the Commission recommended to the City Council the adoption of an ordinance governing certain changes to Subdivision Ordinance #r650. Said motion was carried by the follol,:ing roll call vote, to wit: ALL AYES C 0 M M U I C A T I 0 N S 1. Letter from Don,Dickerman, dated August 28, 1957, was ordered filed on motion of Commissioner Keene, seconded by Comm. Hayton, and carried. 1'1 Page 16 • FINAL MAP #3222 1. Submitted to the Commission for approval was the Final Map of Tract ;;`3277 being a subdivision of Lot 19 of Tract No. 10149 as shown on a Map recorded in Book 339 Page 319 of Miscellan- eous Maps, Records of Orange County, California, and a portion on a map thereof in Book 1, Page 83, of Miscellaneous Maps, Records of Orange County, California, and land adjoining. 2. The Final Map of Tract 3277 was APPROVED on motion of Commissioner Copelin, seconded by Comm. Keene, subject to the following conditions by the following roll call vote, to wit: ALL AYES 1. Electricity and telephone utilities to be installed underground. 2. Front yard setback to be 10' with a side yard setback of 5' rear yard setback to be not less than 10' from face of sea wall. 3. Requirements for sidewalks and street lighting under the Subdivision Ordinance waived. a A D D IT I O N A L B U S I N E S S On motion of Commissioner Reed, seconded by Comm. Copelin, and carried, the Public Hearing on the Master Plan set for Sept. 26 at 8:00 p.m. was cancelled and reset for 8,;00 p.m. on October 2411957. Business at hand being declared completed, the meeting was adjourned at 11.:35 p.m. on motion of Commissioner Keene, seconded by Comm. Lind and carried. Ray Copelin Secretary 49