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HomeMy WebLinkAbout11/15/1956MINUTES, PLANNING • COMMISSION MEETING NOVEMBER 15, 1956 7:30'P.M. CITY HALL COUNCIL CHAMBERS NEWPORT BEACH, CALIFORNIA ROLL CALL C01 ,MSSIONERS PRESENT BRIGGS, SM[TH,HAYTON, COPELIN, KEENE & LIND COMMISSIONERS ABSENT LONGMOOR, RUDD & REED MINUTES . Minutes of the regular meeting on October 11, 1956 and of the special meeting on October 19, 1956 were approved on motion of Commissioner Briggs, seconded by Comm. Hayton and carried. VARIANCES #324 1. KATNIK, Frank A. 118 45th St. Newport Beach 2. Lot 8 Block 44 River Section Zone R -2 3. Posted November 1, 1956 Published November 1, 1956 4. An encroachment of 2' 5" into a required rear yard setback of 51 to allow for overhang of 2nd story only. 5. Due to the size of this R -2 lot, it would not be feasible to construct a, two (2) unit dwelling without the benefit of the overhang requested. 6. DISCUSSION : Note findings. 7. FINDINGS The Committee reported that similar variances have been granted in this area and because of policy already established by the Commission permitting overhangs on second floors to encroach fifty per cent of the required rear yard setback, a recommendation'of approval was made. 8., Commissioner Copelin moved the Commission recommend the APPROVAL of this Variance, seconded by Comm. Hayton and carried by the following roll call vote, to wit: ALL AYES. Page - 2 - VARIANCES #325 1.. KELSO, Harry M. 1231 Dolphin Terrace Corona del Mar, Calif. 2. Lot 3 Tract 2334 Zone R -1 3. Posted November 11 1956 Published November 1, 1956 4. Construction of swimming pool on front one-half of lot: 5. Impossible to construct on rear half of lot. On motion of Commissioner Hayton, seconded by Comm: Briggs and carried, this application was set over until the next regular meeting due to the applicant not being present at this meeting. #326 1. ALEXANDER, Charles & Nary West Ocean ,Front Newport Beach 2, hots 1 thru 13 Block 16 Lots 1 thru 13 Block 17 Section B Zone R -4 3. Posted November 5, 1956 Published November 8, 1956 4. An encroachment of 4' into required front yard setback of 9+ on lots 1 thru 13 of Block 16 and an encroachment of 21 into required front yard setback of 71 on lots 1 thru 13 of Block 17. 5. Property owners are desirous of having an awning Cr porch on their property. The existing setbacks prohibit such awnings or porches to be of adequate size for a useful purpose;, 6. DISCUSSION:. Note findings. 7.. FINDINGS The Committee upon investigation of the property involved, found some property owners who were not in favor of the variances requested. It was pointed out that a recommendation has been made to the Planning'Consultants, Hahn, Wise & Associates to have Section 9105.4 changed to Permit any marquee,. awning or shade projecting from the building into the front yard setback in any R Zone to extend not more than five feet from the baalding nor more than one -half the depth of the required front yard. In a letter to the Planning Commission dated April 17, 1956 Mr. Larry Wise suggested this amendment be held over until such time as all suggested amendments to the Zoning Ordinance were ready for adoption.. 8. Commissioner Briggs moved the Commission table this matter until such time as the Master Plan is completed and all changes in the Zoning Ordinance has been accomplished, seconded by Comm. Copelin and carried. 0 Page 3 - • VARIANCES #327 1. KAISER, Heinz 23rd and Ocean Front Newport Beach 20 Lots 1 & 2 Block 23 Newport Beach Tract C-1 3. Posted November 5, 1956 Published November 8, 1956 46 Waiver of all yard setbacks to allow alteration of an existing commercial building into a four (4) unit apartment dwelling and waiver of square footage requirements. 50 The existing building is out of the downtown commercial area and, consequently, is not good commercial property. 6. DISCUSSION It was pointed out that Ordinance No. 702 adopted on February 8, 1954 requires every building or portion thereof which is designated or used for any dwelling purpose in any C or M District, shall comply with the requirements of such appropriated residential district as is determined by the use to which such C or M District property is being put, 7. FINDINGS There has: been before the Commission requests to improve this property, however such requests were denied due to the inability of the applicant to supply adequate parking. The plans submitted with this application reveal four garages or one parking space for each unit, which is required under the Zoning Ordinance. The Committee felt the proposed improvement of this building would be an asset to this area and recommended approval. 8. Commissioner Copelin moved the Commission recommend the APPROVAL of this Variance„ seconded by Comm. Hayton and carried by the following roll call vote, to wit: ALL AYES. #328 l:. ISRAELSON, Mr. & Mrs. Earl C. 2340 Bayside Drive Corona del Mar 2, Parcels of lots 1 & 2 Block D Tract CDM Zone R-1 3. Posted November 5, 1956 Published November 8, 1956 4. A 7' encroachment into a required rear yard setback of 10F' and a 3' encroachment into a front yard setback to allow for an eave overhang of 51 6m.. 5... These variances are requested due to the irregular shape of these lots. • 6., DISCUSSION Note findings.. 7. FINDINGS x A report from the Committee revealed that the variances Page - 4 - VARIANCES • #328 (con'd from Page 3) requested would not be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood and recommended approval. 8. Commissioner Hayton 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. RESUBDIVISIONS #41 1. PETTENGILL, George A. 1520 Tustin Avenue Newport Beach .2. Lot 47 Newport Heights Zone "Unclassified" 3. Posted November 5, 1956 4. Creation of four (4) R -4 building sites, • 5. DISCUSSION Considerable discussion was held by the Commission with the applicant concerning.the subdivision and zoning of this site. It was pointed out that under.the Zoning Ordinance a building site must have its principal . frontage on,a street, road, highway or waterway: To grant the application as submitted would violate this section. 6s FINDINGS Received by the Commission was a letter dated November 15, 1956 from the Costa Mesa Planning Comnri.ssion who set forth in part "We are of the opinion that this parcel should be developed along the lines of our R4 class ification,.which is probably your R2 and allows one unit for each 3,000 sq; ft. of lot area. This classification would allow the applicant to build ten units according to his proposed resubdivision plot plan." The Committee expressed the opinion that the Commission should go along with the recommendation of the Costa Mesa Planning Commission. The applicant was asked whether he would agree to the property being divided into two parcels with frontage on Tustin Ave. and five units on each. He stated he could not answer that question at this time but would report back at the next meeting. . L Commissioner Briggs moved the Commission hold this application over until the next regular meeting and that prior to that time a recommendation be secured from our Planning Consultants, Hahn, Wise and Associates regarding the proposed resubdivision as presented by the applicant, seconded by Comm. Smith and carried by the following vote, to wit: ALL AYES. Page 5 - USE PERMITS #268 1. IMS, Raymond 1826 and 1828 W, Balboa Blvd. Newport Beach 21 Lots 14 & 15 Block 118 Section B Tract 234 Zone R -3 3. Posted October 5, 1956. 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 ons.thousand (1000) square feet each. 6. This application was considered on October 11, 1956 and the following action was taken by the Commission: "Due to the density of this particular area the Commission did not feel justified in perndtting 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 Conniss ion. " 7, Since the applicant did not show up for this meeting, on motion of Commissioner Hayton, seconded by Comm. Briggs and carried, this application will be considered at the meeting on December 20) 1956. #269 11 BUELL, Douglas H. 3436 E. Coast Highway Corona del Mar 20 Lot 4: ., Block I Tract CDM Zone C -1 3,, Posted November 5, 1956. 40. Sale of beer at 3436 E. Coast Highway, Corona del Mar.. 50 DISCUSSION This lot is within 200' of a residential zone and under Section 9105.1 (b) of Ordinance No. 635 a Use Permit must be approved by the Commission before the sale of alcoholic beverages may be permitted. Present were residents of Corona del Mar who voiced their protests. Presented to the Commission was a petition signed by 96 persons which set forth in part, "This request is made upon the grounds that the granting of such Use Permit will be detrimental to the health, • safety, peace, morals, comfort and general welfare of persons residing or owning property in the vicinity of said premises," 6. FINDINGS The Committee reported that due to the volume of protests on the petition and from the floor they would recommend denial. Page - 6 - • Use Permits # 269 '(con'd from Page 5 ) 7. Commissioner Hayton moved the Commission recommend the DENIAL of this Use Permit, seconded by Comm. Smith. Said motion resulted in a tie roll call vote as follows: AYES. Copelin, Smith & Hayton NOES Keene, Briggs & Lind Application must be reconsidered at December meeting. #270 1. BUELL, Douglas H. 3512 E. Coast Highway Corona del Mar 2. Lot 1 Block U Tract CDM Zone Cpl 3. Posted November 5, 1956 • 4. Sale of beer at 3512 E. Coast Highway, Corona del Mar. 50 DISCUSSION: Because this property is within 200' of a residential zone a Use Permit is required under Section 9105,1 b of Ordinance No. 635. There were at the meeting property owners who voiced their protests of the use of this establishment for -.the sale of beer on the basis of inadequate parking, un- satisfactory sanitary facilities and a place where teenagers frequented: 6. FINDINGS Received by the Commission . were several letters of protests and a petition signed by 96 persons who set forth " This request is made upon the grounds that the granting of such Use Permit will be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or owning property in the vicinity of said premises ". The Committee recommened denial on the basis of the letters received, the petition o£ 96 signatures and because of the opinions voiced from the floor. 7. Commissioner Hayton moved the Commission recommend the DENIAL of this Use Permit, seconded by Comm. Keene and carried by the following roll . call vote, to wit: ALL AYES. • 1. NELSON, L,G., HOYLE, Jack & Ralph L: 2, Lot 148 Cliff Haven Section Page - 7 - Use Permits #271 Intersection of 16th & 17th Sts. Tract 1218 Zone "U" 3. Posted November 5, 1956 4. Construction of a thirty -six (36) bed convalescent home.- 54 DISCUSSION : Note findings. 60 FINDINGS A report from the Committee recommended the approval of this application on the following basis: 1. The property is located in a t7pical commercial zone. .2, It is an isolated parcel of land and would not be harmful to any abutting properties. 3. The construction will be on the rear of the property and any plans for development of the . intersection at 16th & 17th streets would not be jeopardized. ly, The applicants assurance that the home would be for the care of aged persons and not for mental or alcoholic patients. 8.' Commissioner Keene moved the Commission recommend the APPROVAL of this Use Permit, seconded by Comm. Smith and carried by the following roll call vote, to wit: ALL AYES. #272 1. BURCH, F.H. 420 31st Street Newport Beach 2, Lot 21 Block 331 Lancaster Section Zone C -2 3 Posted November 5, 1956. 4. Furniture repairing and manufacture of hand made furniture. 5: DISCUSSION : Note findings. 69 FINDINGS The Committee reported that in this area there are uses of similar nature and that the fire department upon investigation had found the building safe for the proposed use. No protests were entered, therefore, a recommendation of approval was mode. 70 Commissioner Copelin moved the Commission recommend the APPROVAL of this Use Permit, seconded by Comm. Briggs and carried by the following roll call vote, to wit: ALL AYES. n 0 0 1. BRANDMEYER, Milo 329 Marguerite 2. 3. 4. NE 201 of Lot 27 and all of Lots 29 & 31 Posted November 5, 1956. :J Page - 8 - Use Permits #273 Corona del Mar Block 238 Zone R -3 Construction of seven (7) units on the above described lots. 5, DISCUSSION : Note findings. 6. FINDINGS . Investigation of these lots by the Committee revealed that in this area there are other multiple units. The plans as submitted would make good land use and would be an asset to the community. No protests were entered. 7. Commissioner Rayton moved the Commission recommend the APPROVAL of this Use Permit, seconded by Comm. Copelin and carried by the following roll call vote, to wit: ALL AYES. #274 1. HUTCHINGS, Norman A 2025 Miramar Balboa 24 Lot 23 Block G Tract 518 Zone R -1 3. Posted November 5, 1956. 4. Construction of additional living area over non - conforming garage. Uc adAlLtinn is to be cantilevered over patio area. 5. DISCUSSION:_ The west wall of the garage is t- r� eiao prQgp r+y line. Under the zoning ordinance a 3' side yard is required because the garage is attached to the main dwelling. The garage being non - conforming a use permit is required under Section 9105.7 (g). 6. FINDINGS The existing garage upon investigation by the Committee was found to be of such poor condition that they felt it would be profitable for the applicant to tear the same down and rebuild. The applicant 'stated he was not .at'- this time financially able to do this. He was advised that for his protection the Commission did not feel justified in granting an additional structure over this non - conforming garage. 7, Commissioner Smith moved the Commission recommend the DENIAL of this Use Permit, seconded by Comm. Briggs,,and carried by the following roll call vote, to wit: ALL AYES.. n LJ Page - 9 - Use Permits #275 1. CONNER, Elbert J. 3216 E. Coast Highway Corona del Mar 2. Lot 2 Tract 1045 Zone C -1 3. Posted November 5, 1956. 4, Operation of a plumbing repair & plumbing contracting business. 5, DISCUSSION On October 20, 1955 Use Permit No. 199 was granted by the Planning Commission which permitted this applicant the establishment of a plumbing repair and plumbing contracting business at this address for a period of one year only. The one year period has expired and continuation of this business is being requested by the submission of a new Use Permit. 6. FINDINGS A report of the Committee showed this property improved since the establishment of a plumbing business. It was suggested however, that the structure on the rear of the property which is used for storage be walled in on the south and west sides. 7, Commissioner Copelin moved the Commission recommend the APPROVAL of this Use Permit subject to the above condition, seconded by Comm. Briggs and carried by the following roll call vote, to wit: ALL AYES. 1. 2. 3. 4. 5. CAMPBELL, George W. Lot 14 Block 11 Posted November 8, 1956. Sale of alcoholic beverages. 226 Marine Ave. Section 4 #276 Balboa Island Tract BI Zone C -1 DISCUSSION . Miss Nelda Gibson representing the protestors spoke from floor and made the following statements: 1. A petition bearing approximately 1500 names had been forwarded to the Department of Alcoholic Control in protest of application. 2. Parking problem on Balboa Island is critical and a bar and restaurant would add to congestion already existing. 3. Balboa Island is attractUseto teenagers during certain seasons of the year and a bar at this location would be detrimental to their welfare. Page -10- Use Permits #276 (con'd from Page 9) 6. FINDINGS Prior to the meeting of the Planning Commission a Committee visited the property in question and secured information from abutting property owners: The majority of the people contacted voiced their objection to the use. of this property for the sale of alcoholic beverages. The Committee further advised that the use of this property for this purpose would greatly add to the parking problems. 7, Commissioner Copelin moved the Commission recommend the DENIAL of this Use Permit, seconded by Comm. Smith which was not carried by the follow- ing roll call vote: AYES Copelin, Smith NOES Keene, Briggs, Lind, Hayton ABSENT Longmoor, Rudd, Reed • Commissioner Keene moved the Commission recommend the APPROVAL of this Use Permit, seconded by Comm. Hayton and carried by the following roll call vote, to wit: AYES Keene, Lind, Hayton NOES Copelin, Smith PASS Briggs ABSENT Longmoor, Reed, Rudd #277 1. BRENEMAN, Fred J. 461 N. Newport Blvd; Newport Beach 2. Lot 8 Block 9 Tract, 27 Zone C -1 3. Posted November 8, 1956 4. Operation of upholstering & furniture repair shop. 51. DISCUSSION : Note findings. 6. FINDINGS . The proposed use of this property was approved by the Fire Department and since there were no protests entered, a recommendation of approval was made by the Committee. 7. Commission Copelin moved the Commission recommend the APPROVAL of this Use Permit, seconded by Comm. Hayton and carried by the following roll call vote, to wit: ALL AYES. Page • Use Permits #278 1. GALLAGHER, Stephen 231 Agate Balboa Island 2., Lot 8 Block 8 Balboa Island 3. Posted November 8, 1956. 4. Alteration of existing dwelling which is non - conforming. 5. DISCUSSION The south wall of this dwelling is within 6" of the side property line. Under the Zoning Ordinance a 31 setback is required. For any alteration of a non- conforming building in excess of 15%* of the assessed value in any one year period a Use Permit is required, 6, FINDINGS On assurance from the applicant that the existing set - backs would not be disturbed and that most of the alterations would be interior a recommendation of approval was made by the Committee. No protests were filed with the Comissinn. .. 7. Commissioner Copelin moved the Commission recommend the APPROVAL of this Use Permit, seconded by Comm; Keene and carried by the following roll call vote, to wit: ALL AYES. #279 1. PETTENGILL, George A. 1520 Tustin Avenue Newport Beach. 2. Portion of Lot 47 Newport Heights Tract Zone "Unclassified ". 3. Posted November 130 1956. :4. Construction of nine (9) units on lots 1 & 2, .six (6) units on.lot 3 and seven (7) units on lot 4. It is requested that:the time limit under Section 9106.41.be waived. 5. DISCUSSION This application was submitted in conjunction with the Resubdivision application No. 41. The Resubdivision application is being forwarded to our Planning Consultants Hahn, Wise and Assosicates. for a recommendation, therefore on motion of Comm. Briggs, seconded by Comm. Smith and. carried this Use.Permit request will be held over until a report has been received from the above mentioned firm. • Page - 12 - AMENDMENTS #28 1. Second hearing on Resolution of Intention No. 605 to amend Section 9106,33 of Ordinance No. 635. 2. Published October 4, 1956. 3. The change in variance procedure is in part as follows: "The granting of any variance, when conforming to the provisions of this section, is hereby declared to be an administrative function, the authority and responsibility for performing, which is imposed upon the Planning Commission and the action thereon by said Commission shall be final and conclusive except in the everitof an appeal as hereinafter provided." 4. Commissioner Briggs moved the Commission recommend to the City Council this change in variance procedure, seconded by Comm. Hayton and carried by the following roll call vote, to wit: ALL AYES. #29 1. First hearing on Resolution of Intention No. 606 to amend Chapter 5 • of Ordinance No. 635 to include "Municipally Operated Parking Lot ",. 2, Published November 83 1956. 3. Commissioner Smith moved the Commission hold this over for a second hearing, seconded by Comm. Hayton and carried by the following vote, to wit: ALL AYES. #30 1. LANDHARK DEVELOPMENT CO. INC. On Tustin Ave. near Mesa Drive 2. A parcel of land lying in Lot 151,, Block 5 and Lot 153, Block 5 of Irvine's Subdivision. Zone "Unclassified" 3. Posted November 53 1956 Published November 1, 3956 4. The Petitioner desires to amend Section 9108.8 of Ordinance No. 635 so as to cause certain property to fall within an R -1 B Zone. -5. Commissioner Copelin moved the Commission hold this over for a second hearing, seconded by Comm.. Hayton and carried by the following vote, to wit, ALL AYES. • . Page - 13 - • TENTATIVE MAPS #3138 1. LAKE & BAY PARK, Inc. 414 23rd St. Costa Mesa 2. A portion of Lot 104, Tract 300 as per M.M. 14/11 -12 and a portion of Lot 153, Block 5, Irvine's Subdivision. Zone "Unclassified" 3. The tentative maps as prepared and presented to the Commission were based upon the asumption that the portion of the tract shown as being in Orange County would be annexed to the City of Newport Beach. 'A special election was held in this area on October 16, 1956 and the property owners-voted to come into the City. Proceedings have been initiated by the City Council to annex this territory. 4. Commissioner Copelin moved the Commission table action on this tentative map until this area is officially within the jurisidiction of the City of Newport Beach, seconded by Comm. Smith and carried by the following vote, to wit: ALL AYES. #3162 1. There has been received six copies of Tentative Map No. 3162 submitted by Mr. Irving C. Jordan, Subdivider. • 2. A portion of Lot ➢ Banning Tract. (Between Coast Hwy.'and River Ave. 47th and 58th Streets) Zone C -1 -H 3. Commissioner Keene moved the Commission recommend the approval of this Tentative Map.subject to changing the corner lots to show a width of 50' instead of 401, seconded by Comm. Smith and carried by the following roll call vote, to wit: ALL AYES. Note: The subdivider was advised by the Commission that several problems would have to be worked out prior to the submission of a final map. A variance would be required on front yard setbacks and other minor details which could be handled thru variance procedure. LETTERS 1. Referred to the Commission by action of the City Council on October 22, 1956 at a regular meeting was a letter dated October 4, 1956 signed by C. Lester Jones who set forth therein, "We are the owners of 29 lots in Tract No. 3062, and five other acres which we plan to subdivide— all lying between Tustin and Santa Isabel: We would like to instigate a petition to have this property annexed -to the City of Newport Beach." Also referred to the Commission by City Council action on November 13, • 1956 was a letter dated November 1. 1956 signed by property owners and residents, in an area westerly of Tustin between 22d and 23d Streets, requesting annexation to the City of Newport Beach. • . Page - 14 - LETTERS • (con'd from Page.13) At a joint meeting of the Newport Beach Planning Commission and the Costa Mesa Planning Commission on November 1, 1956 it was agreed that prior to accepting any annexation requests a thorough study would be. made by both cities of the "East Corridor" area._ Maps are being pre -,.. pared by our Planning Consultants, Hahn,.,ldise and Associates and other information pertinent to this matter is being prepared by the two Commissions. Commissioner Copelin moved the Commission table any action on these annexation requests:.until an agreement is reached.between the two Cities, seconded by Commissioner Hayton and carried by the following vote, to wit, ALL AYES. 2. A letter dated November 5, 1956 signed by Roy 0.. Anderson, District Superintendent, Newport Beach Llementary Schools was received wherein Planning Commission approval was requested for a new elementary school . site on Irvine Ave. The approval of a school site is required under Education Code Section 181103.. On motion of Commission Briggs, seconded by Comm... Smith aadree!=Jed :'',, • Resalution::N6.,6W_ was ' adopted APPROVING a new elementary site on Irvine 'Ave. and as more particularly described in the resolution. 3., Received by the Commission was a memorandum dated November 14, 1956 signed by the City Clerk to which was attached a copy of a letter dated October 241956 addressed to the City Council signed by Lee' Bolin. Mr. Bolin requested that his Variance application No. 317 considered by the Planning Commission on September 20,. 1956 lie referred back to the Planning Commission for reconsideration due to a possible misunderstanding. Mr.. Bolin was advised by the Assistant City Attorney that the Commission could not consider his application at this meeting since reconsideration would necessitate legal pulblication and posting. Mr. Bolin stated he desired to start construction of the additional living quarters immediately and could not wait until the next Planning Commission meeting. Mr. Bolin requested that his application be withdrawn., FINAL MAPS x`3031 Received by the Commission were the Final Maps of Tract 3031 being a parcel of land lying in Portion of Lots 161 and 165, Block 53 of Irvine's Subdivision. The Tentative Map for this tract was approved by the Commission on • June 21, 1956. Commissioner Hayton moved the Commission recommend the APPROVAL of this Final Map subject to the hereinafter described conditions,, seconded by Commissioner Smith and carried by the following roll call vote, to wit, ALL AYES. Page - 15 .. • FINAL MAPS /3031 (con'd from Page 14) 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. Business at hand being declared completed, the Commission meeting was adjourned on motion of Commissioner Hayton, seconded by Comm. Smith and carried. Ray Y Copelin Secretary •