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HomeMy WebLinkAbout10/11/1956MINUTES, PLANNING COMMISSION MEETING, OCTOBER 11, 1956 8:00 P.Ma CITY HALT, COUNCIL CHANBERS NEWPORT BEACH, CALIFOR: -IA ROLL CALL COMMISSIONERS PRESENT : LONOMOOR, BRIGGS, SMITH, RUM. HAYTON, COPELIN, REED & HERE COMMISSIONERS ABSENT : LIND September 20, 1956 Minutes of the meeting on September 20, 1956 were approved on motion of Commissioner Briggs, seconded by Comm. Rudd and carried, VARIANCES #312 11 PASADENA LAND 00. Bet ^:een 20th and 21st Sts. on Irvine Ave, 2. 3. 4. 5. 1. Lots 3 & 4 Tract 3082 Zone R -1 -B Posted September 7, 1956 Published September 13, 1956 A planter type construction on each lot within front yard setback which will exceed three (3) feet in height. The Subdivider would like to beautify the entrance into this new tract. A letter dated October 5, 1956 was presented to the Commission wherein the applicant requested that his application £o-- a variance be with- drawn. On motion of Commissioner Rudd, seconded by Comm. Copelin and carried the letter signed by Walter E. Jorgensen, President, Pasadena Land Co. was received and request to withdraw application - - APPROVED. BLAKESLEE, L.S. 716 & 718 Balboa Blvd. 2. Lots 20 & 21 Block 5 3, 4. Posted September 7, 1956 East Newport #316 Newport Beach Zone R -3 Published September 13, 1956 An encroachment of 4' into a required 91 front yard setback. 5. Lots are not of adequate size to 'build proposed duplexes. i ■ Page - 2 - • VARIANCES #316 (con'd from Page 1) 6. DISCUSSION : This application was considered at the meeting of Septenber 20, 1956 and action thereon was deferred in oder to secure a recommendation from the firm of HAHN, WISE and ASSOCIATES regarding the changing of the setbacks in the entire block as well as others on Balboa Blvd. It was further suggested that the City Engineer submit a recommendation relating to the improvement of the alley. 7. FINDINGS . A letter was received from HAM, WISE and ASSOCIATES who set forth " - we see no reason to require a nine foot setback in Block 5 and suggest consideration be given to also changing Block 4 and perhaps Block 1.11 The Commission feels it advisable that the front yard setbacks in Blocks 1, b & 5 be reduced provided that the alley's in these blocks be improved for the use of the property owners.. 8. Commissioner Briggs moved the Commission recommend the APPROVAL of this • Variance with the condition that access to the garage be from the alley, seconded by Comm. Rudd and carried by the following roll call vote, to wit: ALL AYES #318 1. LINDSTEDT, Theodore B. 1311 Cliff Drive Newport Beach 2. Lot 9 Block A Tract 1219 Zone R -2 3. Posted October 2, 1956 Published October 4s 1956 4. A 5' encroachment into a required 101 rear yard setback to permit construction of a dwelling over existing.garage. 5. The existing garage was originally approved and constructed for a dwelling above according to Orange County Building Dept, requirements in 1951. 6. DISCUSSION Note findings. 7. FINDINGS The Committee reported that similar variances have be granted in this area since annexation to the City. Inasmuch as the existing garage was originally constructed for a dwelling above and since there were no protests received, a recommendation of approval was made. 4b8.. Commissioner Copelin moved the Commission recommend the APPROVAL of this Variance, seconded by Comm. Rudd and carried by the following roll call vote, to wit: ALL AYES .i. 0 0 0 1. 2. 3. 4. s DIAGOSTINO, Albert S. Lot 1 Block 6 Posted October 1, 1956 200 Abalone Ave. Tract - Balboa Island Page - 3 - VARIANCES #319 Balboa Island Zone R -2 Published October 4, 1956 An encroachment of 22t into a 5' rear yard setback to permit construction of additional living area above garage. 5. Additional living a rea is needed. 6. DISCUSSION : Note fincI ngs. 7. FINDINGS : Policy previously established by the Commission permits in this area an encroachment of the second story only into rear yard setback providing it does not affect adversely the health or safety of persons residing in the neighborhood. An investigation of the property by the Committee revealed that other dwellings had been allowed to overhang into setback. 8. Commissioner Rudd moved the Commission recommend the APPROVAL of this Variance, seconded by Comm. Copelin and carried by the following roll call vote, to wit: ALL AYES #320 1. MASTERS, Charles W, 316 & 318 Hazel Drive Corona del Mar 2, Lots 50 & 51 Block A Tract 673 Zone R -1 3, Posted October 1, 1956 Published October 4, 1956 4, Encroachment of 9' into a required 101 front yard setback. 5. Due to topography of land, it would be impracticable to build proposed dwellings if necessary to maintain a 101 front setback. 6. DISCUSSION The variance in this application was approved by the Commission on November 17, 1955 but was revoked on May 17, 1956 by reason of Section 9106.41 of Ordinance No. 635. 7. FINDINGS Because of the topography of this area several front yard variances have been granted. There being no protests the Committee recommended approval. 8. Commissioner Reed moved the Commission recommend the APPROVAL of this Variance, seconded by Comm.. Heyton and carried by the following roll call vote, to wit: ALL AYES 3. Posted October 1, 1956 Published October Lt, 1956 4., Construction of a swimming pool on front one -half (z) of lot. 54 There is no space available on rear one -half (2) of lot._ 6. DISCUSSION Note findings. 7. FINDINGS Investigation by the Committee revealed no available space to have the swimming pool other than on the front T of lot. The applicant showed intent of placing an adequate fence between the setback line and the swimming pool. 8. Commissioner Keene moved the Commission recommend the APPROVAL of this Variance, subject'to the condition that a six Fo6t (6F) fence be constructed between tiie.setback line and the swimming pool, seconded . by Comm. Reed and carried by the following roll call vote, to wit: ALL AYES Page - 4 - . VARIANCES #321 1. CREAMER, Mrs.;-Ruth Dennis 128 Opal Balboa Island 2e Lot 25 Block'll Section 1 Zone R -2 3,: Posted October 1, 1956 Published October 4. 1956 44 A 41 encroachment into a required 81 front yard setback to permit construction of a 2nd unit on this R -2 lot. 54 Unless permittedy it would not be practicable to build proposed dwelling. 6. DISCUSSION . Note findings. %; FINDINGS : The Committee upon investigation found the existing dwelling on this R -2 lot non - conforming and further that the nearest dwellings had maintained the re- quired setback of 81. Sufficient hardship could not be found to justify an encroachment of 4.. 81 Commissioner Copelin moved the Commission recommend the DENIAL of this Variance, seconded by Comm. Rudd and carried by the following roll call • vote, to wit: ALL AYES._ #322 14 DIBBLE, Rex 729 Santana Drive Corona del Mar 2. Lot 86 Tract 1700 Zone R -1 3. Posted October 1, 1956 Published October Lt, 1956 4., Construction of a swimming pool on front one -half (z) of lot. 54 There is no space available on rear one -half (2) of lot._ 6. DISCUSSION Note findings. 7. FINDINGS Investigation by the Committee revealed no available space to have the swimming pool other than on the front T of lot. The applicant showed intent of placing an adequate fence between the setback line and the swimming pool. 8. Commissioner Keene moved the Commission recommend the APPROVAL of this Variance, subject'to the condition that a six Fo6t (6F) fence be constructed between tiie.setback line and the swimming pool, seconded . by Comm. Reed and carried by the following roll call vote, to wit: ALL AYES Page - 5 - • VARIANCES #323 1, JEWELL, [lard E. 2708 Shell St. & 2709 Cove St. Corona del Mar. 2. Lots 4 & 8 Block B33 Tract CDM Zone R -1 3. Posted October 4, 1956 Published October 4, 1956 4. An encroachment of 51 into rear yard setback requirement of 101. 5. I feel that the additional 5' of rear yard on these 301 x 601 Bayfront lots will enable me to build large enough houses on these lots to be in conformity with surrounding homes. 6. DISCUSSION Received by the Commission was a petition signed by sixteen (16) persons protesting the encroachment into the rear yard setback. ,Objections as set forth by the petitioners are as follows: 1. The objectors are owners of improved and unim- proved property immediately contiguous and adjacent to the property upon which a variance is requested. 2. Objection is made on the grounds that the variance, if allowed, will be detrimental to the public health, welfare and property interests of objectors. 3. That it will permit an unwarranted crowding to- gether of occupants. 4. That if granted, it will increase the fire bazzard below the safety point for the property involved and for the property of the objectors. 7. FINDINGS The Commission does not feel justified to grant such a variance which would make immediate neighbors unhappy and for the reason that they are willing to abide by established setbacks. Recommendation of DENIAL is made on the following basis: 1. No definite hardship has been shown. 2. It has been ascertained, as nearly as possible, that other dwellings in the area have maintained the ten foot (101) rear yard setback. That the property owners of improved and unimproved lots intend to maintain all setbacks as established by the Zoning Ordinance. • 8. Commissioner Hayton moved the Commission recommend the DENIAL of this Variance, seconded by Comm. Copelin and carried by the following roll call vote, to wit: ALL AYES • • • • 1 Page - 6 - RESUBDIVISIONS #4G 1. ARTHUR, Harold D. Corner of 52nd and River Ave. 2. Lot 12 Block 52 River Section Zone R -2 3. Posted October 1, 1956 4. Creation of two building sites - 5. The location, width and length makes it impracticable to use as single lot. 6. DISCUSSION The application requested creation of two building sites out of a lot 30' x 2081. A survey map submitted prior to the Planning Commission meeting showed the lot to be 301 x 2021. 7. FINDINGS The Commission has approved several resubdivisions in this area due to the size of the lots. In keeping with policy already established a recommendation of approval was made by the Committee. 8, Commissioner Copelin moved the Commission recommend the APPROVAL of this Resubdivision application subject to the condition that each parcel be 30' x 1011, seconded by Comm. Rudd and carried by the following roll call vote, to wit: ALL AYES. Page - 7 - • USE PERMITS # 263 1. PARLE, Narquis G. 26672 E. Coast Highway Corona del Mar 2. Lot 5 Block D Tract 323 Zone C -1 3. Posted October 1, 1956 4. To permit a handicraft enterprise involving ceramic fabrication and merchandising. 5. DISCUSSION Presented to the Commission was a petition signed by sixteen (16) persons who set forth that they had no objections to the proposed use of 26672 E. Coast Highway, Corona del Mar, upon learning the following: 1. Only b employees are anticipated and parking facilities for them is provided. 2. That no noise producing machinery or equipment is used in this business. • 3. That all work is done by hand. 4. That no dust can be produced. 6. FINDINGS Upon learning that adequate parking spaces would be provided by the applicant and that neighbors would not object to the proposed use of this property on the basis of the above provisions, the Committee' recommended approval with the following conditions: 1. That the application be granted for a period of one (1) year only. 2. That two (2) parking spaces be provided for each three (3) employees. 3. That no noise making machinery or equipment be used. 4. That all work be done by hand. 5. That no dust be produced from the operation. 7. Commissioner Keene moved the Commission recommend the GRANTING of this Use Permit, subject to the conditions a s set forth above, seconded by Comm. Reed and carried _ by the following roll call vote, to wit: • ALL AYES • Page. - $ - • USE PERMITS #264 1. SOUTHERN CALIF. EDISON CO. Bayside Drive 2. A parcel of land in Block 94 of Irvine's Subdivision Zone "Unclassified" 3. Posted October 1, 1956 4. The increase of electrical capacity at applicant's Edgewater Substation by the installation of 2 additional 11/4 kv transformers. 5. DISCUSSION Note findings. 6. FINDINGS Because this Substation is in an "Unclassified" District a Use Permit is required for any addition or alteration. The applicant advised the Commission that the addition of the two new transformers would not increase the area now being utilized by the Edison Co. 7. Commissioner Copelin moved the Commission recommend the GRANTING of this Use Permit, seconded by Comm. Briggs and carried by the following roll call vote, to wit: ALL AYES #265 • 1. PFAHLER, Herbert W. NE Corner Monrovia & 16th St. Newport Beach 2. Lot 912 Newport Mesa Tract Zone "Unclassified" 3. Posted October 1, 1956 4. Construction.of a Pump Manufacturing Plant. 5. DISCUSSION Note finding. 6. FINDINGS The applicant was advised that the Planning Commission is now in the process of recommending to the City Council the adoption of a new zone to be known as an M -1 A District. He was presented with a copy of the proposed new zone and after studying the contents thereof stated he would be willing to comply with all restrictions therein. The applicant further revealed certain specifications of the new plant which in the opinion of the Commission would be a great asset to the City and would set a precedent for any future building in this District. Recommendation of approval was made by the Committee subject to the following conditions: BUILDING HEIGHT LIMIT - Fifty (50) feet. BUILDING SITE AREA REQUIRED - • For each main building - Minimum of 10,000 Square feet. Yards Required - a. A minimum set -back of fifteen (15) feet from any street or highway property line shall be required. b. A front yard area adjacent to the front property line and extending across the property from the side lines • Page - 9 - USE PERMITS . #265 (con'd from Page 8 ) fifteen (15) feet deep measured from the front property line shall be provided. Said property front yard area shall be appropriately land- scaped and maintained except for area required for walkways and drive- ways for ingress and egress to the property. Said walkways and driveways shall not use more than 40% of this front yard area. c. Building sites fronting on one street and having a side property line adjacent to a side street shall provide a yard area fifteen (15) feet wide measured from the side property line and extending from the front property line to the rear property line. Said side yard shall be appropriately landscapted and maintained except for areas required for walkways and driveways for ingress and egress to the property. Said walkways and driveways shall not use more than 40% of this side yard area. d. In cases where a street or alley does not exist to separate this zone from any other more restrictive zone, a zone separation area ten (10) feet wide and extending the entire distance said zones adjoin each other shall be provided. Said zone separation area shall be appropriately landscaped and maintained. OFF STREET PARKING FOR AUTOMOBILES REQUIRED - Off street parking and loading on the building site shall be required according to the following formula: 1. A minimum of two (2) parking spaces shall be provided for . every three (3) employees on the shift having the largest number of employees, and not less in any case, than one space for each 2,000 square feet of ground or floor space area used for sales, warehousing, storage, manufacturing, processing, or related uses. 2. Location and layout of off street parking area shall be approved by the PLANNING COMMISSION. 3. All loading and unloading operations and parking of trucks shall be provided for and performed on the premises. MANUFACTURING AND STORAGE AREAS - All manufacturing and fabrication operations shall be conducted within buildings. All equipment and material storage areas shall be screened by solid walls, fences, or by adequate plantings of not less than six (6) feet in height. 7. Commissioner Briggs moved the Commission recommend the GRANTING of this Use Permit subject to the conditions as set forth above, seconded by Comm. Hayton and carried by,the following roll call vote, to wit: ALL AYES #266 1. PFAHLER, Herbert W. 16th St. Newport Beach 2. Lot 8121 Mewport Mesa Tract Zone "Unclassified" 3. Posted October 1, 1956 4. Addition to existing plant for the production of Precision Gear. 5. Commissioner Briggs moved the Commission recommend the GRANTING of this Page - 10 - USE PERMITS • #266 (con'd from Page 9) Use Permit upon the conditions as specifically set forth in Use Permit No. 265 and which are hereby incorporated by reference and hereby made a part hereof as though set forth in full, seconded by Comm. Copelin and carried by the following roll call vote, to wit: ALL AYES #267 1. FAY, Leroy 213 Carnation Corona del Mar 2. Portion of Lot D Tract CDM Zone R -3 3. Posted October 4, 1956 4. An addition of one (1) unit in the basement area to an existing three (3) unit dwelling. 5. DISCUSSION Received by the Commission were five letters submitted by property owners in the immediate vicinity who protested the granting of an additional living unit on this property for the following reasons: • 1. The congestion for day and night parking in this area has become so deplorable that cars can hardly pass on the street a great part of the time. 2. This is a sharp dangerous junction - where Seaview ends - there is already serious congestion. 3. If allowed, all the other property owners along this street would want another unit. 6. FINDINGS : This applicant submitted an application on September 2, 1955 requesting an additional unit over the garage, however it was denied on the basis of parking problems and for the reason that adjacent property owners would probably make similar requests adding to the congestion in this area. In view of the many protests received on this new application and because an additional unit had previously been denied the Committee recommended to the Commission that this new request also be denied. 7. Commissioner Keene moved the Commission recommend the DENIAL of this Use Permit, seconded by Comm. Reed and carried by the following roll call vote, to wit: ALL AYES C1 • • • 1. LEWIS, Raymond 2. Lots 14 & 15 1826 & 1828 W. Balboa Blvd. Block 118 Section B 3. Posted October 5, 1956 PAGE -11- USE PERMITS #268 Newport Beach Tract 234 Zone R -3 4. Construction of a five (5) unit apartment building overlapping on two lots. 5. Each lot, while zoned for three unit building, does not have sufficient lot area for three units, but by overlapping a building on the two lots, each unit will have the called for one thousand (1000) square feet. 6. DISCUSSION A lengthly discussion was held with the applicant regarding his proposed plans for a five unit dwelling on these two lots. It was set forth by the Committee that the plot plans as submitted had shown insufficient parking spaces as required by thezoning ordinance. Lue to the density of this particular area the Commission did not feel justified in permitting five units and suggested four. The applicant stated it would be necessary to discuss this further with his associates and would report back at the next regular meeting of the Planning Commission. 7. On motion of Commissioner Briggs, seconded by Comm. Rudd and carried, a decision on this Use Permit was set over until the next regular meeting. Page - 12 - • AMENDMENTS # 27 1. Second hearing on Resolution of Intention # 604 to amend Ordinance No. 635 to create a controlled manufacturing zone to be known as an M-1 -A District. 2. On motion of Commissioner Copelin, seconded by Comm. Reed and carried the final reading of the revised draft dated October 9, 1956 was waived. 3. Two public hearings were held on September 20, 1956 and October 11, 1956. There were no verbal or written protests received by the Commission, and this amendment to the zoning ordinance was approved by Oim Planning Consultants, HAHN, WISE and ASSOCIATES. 4• A recommendation was made by the Commission that the Revised Draft dated October 9, 1956 of the proposed Controlled Manufacturing District to be known as an M -1 -A District be submitted to the City Council for adoption subject to the following changes: SECTION 9103.6 - CONTROLLED MANUFACTURING DISTRICT DESIGNATED AS M -1 A DISTRICT SHALL NOW READ SECTION 9103.9 - CONTROLLED MANUFACTURING ETC. • Page one, paragraph one, line three shall now read "be subject to the provisions of Chapter 5 of this Article, except ". Page 3, SECTION 9103.95, paragraph b., line 4 shall now read "Said property front yard area shall be appropriately landscaped etc. It 5. Commissioner Copelin moved the Commission recommend to the City Council the adoption of this new M -1 A District subject to the above conditions, seconded by Comm. Reed and carried by the following roll call vote, to wit: ALL AYES. #28 1. First hearing on Resolution of Intention # 605 to amend Section 9106.33 of Ordinance No. 635. (Variance procedure). 2, A letter was transmitted to the City Council by Mr. Walter Longmoor, Chairman of the Commission on October 2, 1956 requesting an informal opinion as to the reaction of the City Council in adopting this new change. On October 11, 1956 a memorandum was addressed to the Planning Commission signed by the City Clerk which set forth in part " On motion of Councilman Stoddard, seconded by Councilman MacKay and carried, the suggestion of the Planning Commission was approved and the Council will • consider Applications for Variance only when appeals are made from Planning Commission decisions." On motion of Commissioner Rudd, seconded by Comm, Copelin and carried, this amendment was set over for a second hearing, PAGE -13- • Presented to the Commission was a petition addressed to the City Council, Newport Beach, Calif. requesting initiation of annexation proceedings for certain territory. On motion of Commissioner Rudd, seconded by Comm. Copelin and carried, the following resolution favoring the commencement of annexation pro- ceedings to annex certain territory to the City of Newport Beach was adopted. . Whereas a petition for annexation of certain territory to the City of Newport Beach has been presented to the Planning Commission for its Report and Recommendations in accordance with the Annexation Act of 1913, Now therefore be Resolved by the Planning Commission of City of Newport Beach that it recommends and favors the commencement of annexation proceedings to annex to the City of Newport Beach that certain territory bounded by California State highway ORA -w43 A on the East, Banning Tract on the West.. Lots 613,713,8122,913,1013,1213 of 16t. Addition to Newport Mesa Tract on the North and Lots 715, 815,91511015, of 1st Addition to Newport Mesa Tract on the • South. The above and foregoing resolution was duly and regularly passed and adopted by the City Planning Commission of Newport Beach at a regular meeting thereof held on the 11th day of October 1956, by following roll call vote, to wit: AYES Longmoor, Briggs,Smith, Rudd, Hayton, Copelin, Reed & Keene NOES : None Absent Commissioners . Lind . . . . On motion of Commissioner Reed, seconded by Comm. Copelin and carried a Resolution of Intention was adopted to hold public hearings on the amendment of Chapter 5, Paragraph F of Ordinance No. 635 to include the following: A Municipally Operated Parking Lot. • Page - 14 - • FINAL MAPS #3032 Presented to the Commission were six copies of the Final Map of Tract No. 3032 being a parcel of land lying in Portion of Lots 164 & 165, Block 53 of Irvine's Subdivision. On motion of Commission Rudd, seconded by Comm. Copelin and carried, the Final Map of Tract No. 3032 was approved subject to the following conditions: 1. That the Subdivider be instructed to pay the City of Newport Beach $15.00 per lot for park purposes. 2. That all utilities be installed below ground. 3. That trees be planted in accordance with the Subdivision Code of the City of Newport Beach. 4. That connecting streets between Tract 3000 & 3032 be deeded to the City of Newport Beach for street purposes. . . . . . . . . . . . . . . . . . . An architectural sketch was presented to the Commission having been submitted by HAHN, WISE and ASSOCIATES in reference to the proposed school and park area at 17th & Irvine Sts. On motion of Commissioner Reed, seconded by Comm. Copelin and carried, the sketch was submitted to the Parks, Beach, and Recreation Commission and the Elementery School District for their study and recommendations. . . . . . . . . . . . . . . . . . . . Business at hand being declared completed, the Commission meeting was adjourned on motion of Commissioner Hayton, seconded by Comm. Smith and carried. Ray Y. opelin Secretary