HomeMy WebLinkAbout505 29TH ST.1 _ 7
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Chairman: Item #1 - A request for interpretation of various sections
Glass of the Municipal Code pertaining to permitted uses in the
M-1 District. This is a continued hearing. The location
is 505 29th Street, Newport Beach. The zone is M-1 and
the applicant is R. L. Lawrence, Newport Beach. Does the
staff have anything to add to the previous staff report
on this?
Hewicker: No, Mr. Chairman, we don't. The last meeting you asked
that we notify the applicant and have him present and Mr.
Lawrence is in the audience this evening if you have any
questions of him.
Glass: Does the Commission have any questions of the staff?
Agee Yes, Mr. Chairman, I'd like to ask the staff based on the
recommendation in that the staff recommends this proposed
business be approved without the requirement of a use
permit provided the applicant clearly understands that
his business must comply with the interpretation of his
request and the provisions of the Code as outlined above.
Well, in going up to the paragraph on the analysis which
that refers to the staff does not feel there should be any
retail sales at this location except for sales which are
clearly incidental to secondary to the primary use. I just
wonder if that might be a little loose in that we are talking
about precluding any retail sales or 95% of them, what's
really to prevent it if we don't have any use permit.
Hewicker: The staff feel-s that there should not be any retail sales
that if any sales are to occur they be in the nature of
wholesaling, shipping out to another location where the
retail sales would occur where it would be a permitted use.
Agee: Well the reason I raise the question, Jim, is that when you
said wholesaling by saying retail in here and then saying
except for sales which are clearly incidental you are really
getting.i.nto a kind of gray muddy zone - there are some
retail incidental sales that are o.k. I would possibly
agree with your interpretation if you said wholesale and
excluded retail then it would be fairly clear cut. But by
qualifying it with the additional wording I just wonder
what kind of - and I should probably direct it to the legal
department here - what real teeth if any can we have in an
interpretation written like that as far as if we feel there is
some abuse - if somebody on the Commission or the City Staff
feels there is an abuse of the understanding, what.real
basis do we have to lodge such a complaint?
Atty. I think you are correct if you want to tie down the types
Baade of sales that are going to be taking place here I think it
will have to be a little clearer than this because I think
that the incidental and secondary expression is something
that can be interpreted in a number of ways - maybe putting
the word wholesale as you suggested on it or as Jim suggested
might cure that defect if that is what your intent is.
Glass: Bill, inasmuch as the staff recommendation was tied to the
previous analysis paragraph perhaps by striking the words
"except for sales which are clearly incidental and secondary"
and substituting the words "other than wholesale transactions"
or some such clarification
Agee: Right, or we could simply say there should not be any retail
sales at this location period which would imply that any other
type of sales other than retail would be - wholesale is about
the only other option you have - I think.
Heather: Wouldn't it be too small an operation to be a wholesale
operation?
Agee: Well I don't know. But I'm just raising a question -
I
Glass:
Well that's up to the applicant.
Agee:
Yeh, that really is.
Hewicker:
I think the applicant has indicated in his proposal
that the actual point of sale to the public is to occur
at a different location other than this property.
Glass:
Any other questions of staff? Is the applicant present?
Lawrence:
Richard Lawrence, Newport Beach.
Glass:
I imagine you have read the staff report? and the
conditions under which they have requested compliance
with it?
Lawrence:
Yes.
Glass:
And you are in agreement with all of these conditions?
Lawrence:
Yes.
Glass:
Fine.
Heather:
Mr. Chairman, may I ask a question of the applicant?
Do you still envision a residential use for the property?
Lawrence:
Yes I do.
Heather:
And this would be because of the established prior use
Hewicker:
This particular parcel has served in the immediate past as
a residence for a person who had his business on the
property. A residential use would be allowed to continue
as a legal nonconforming use under the existing provisions
of the Municipal Code.
Heather:
For the person who was running the business.
Hewicker:
For the person who is running the busines but not - but it
could not be used as a rental for someone who was not
otherwise connected with the property.
Heather:
Is this understood?
Lawrence:
Yes. That's exactly what it will be used for.
Heather:
Is there some kind of parking.or is there no parking for
the residential.
Hewicker:
There is no parking for the residential.
Heather:
The alley in the back - I saw some kin'd:of spot for a car
Hewicker:
There might be a small space back there but
Lawrence:
I'm proposing to try to put a small car parking but it's
not a legal one - it'll probably be a parking space for a
Porsche.
Hewicker:
A legal parking space on the alley would have to set 4 feet
off the alley and I don't think there is room enough to
provide parking space - -
Heather:
The alley is not any bigger than that Well, Mr. Chairman,
would something like this have to be tied into our agreement.
Glass:
Well it is not part of the staff'§ request7for;•interpretation
from the Commission.
Are you planning to operate the business yourself?
Lawrence:
Yes I am - I have an employee do it
Glass:
You are going to operate it yourself? Are you going to be
living there?
- 3 -
Lawrence:
Yes.
Glass:
Because right now you have a legal residence in another
part of the City.
Lawrence:
Yes I do. What I am going to do with the rear building -
the one that was used for a residential in the past - and
I'm going to make a combination office -studio but keep it
as a residence - I don't want to loose the fact that it
was a residence there
Glass:
But are you going to be living there or are you just going
to maintain its status as a residence
Lawrence:
My thinking is that eventually I'll be using it as a
residence in the very near future due to the fact that I'm
going to be doing a lot of travelling around the country
and I don't think that - I think that I'll be selling my
home that I have now.
Glass:
Perhaps we should get some advise on this from either the
staff or the City Attorney's office as to whether that has
to be a continuous use in order to qualify as a residence
or can it be an off -again on -again thing in six months.
Baade:
If you have a legal nonconforming use and its abandoned for
a continuous period of six months then its presumed to -
well its no longer a legal nonconforming use - it's an
illegal nonconforming use, so.if.there's; shorter- periods of
time than six months and there's no other overt ab.andonMent
of the nonconforming use then it doesn't effect it.
Heather:
Martin:
Baade:
Heather:
Hewicker:
Heather:
Mr. Chairman . .
You don't have to be a full time resident to maintain it
as a residence do you?
No
But it hasn't been used for a while has it?
Within the last 6 months
It- has?
Glass: Inasmuch as this is not a part of thelformal application
before us I think the best thing you can do is take his
word of advice from what you heard from the City's Attorney's
office as to your utilization of the . .
I Lawrence:
Agee:
I Lawrence:
No, I'll be complying with everything that the City's wants
on it . . . I have. i.t just for that reason.
Mr. Chairman, I'd like to ask Mr. Lawrence, since you have
indicated that you don't - - I think in another meaning that
you did not intend to sell any of your refurnished - or
whatever you are doing with your antiques - on that premises
would you object to a change in the analysis paragraph which
this recommendation is tied to which would say esentially -
I don't want to put words in the mouth of the staff but to
modify that with their concurrence that the staff however
does feel that there should be no retail sales at this
location period and delete the rest of that.
I spent quite a bit of time with Mr. Hogan on this and being
the location that it is and myself and all involved we made
sure there was nothing to - we really went through this
carefully and Mr. Hogan even helped on the letter the fact
that,to make sure I didn'.t make it wrong and what's happened
is that that had retail and wholesale use all these past
12 years so I don't intend to do any retail selling there -
I really don't intend to - however, I hate to just eliminate
that what you're requesting for the fact that by the happen
chance that a sale went out of there but once a month or
something like that and that person was you and you put the
handcuffs on me, I don't think that would be quite fair. I
- 4 -
don't intend to have a retail sales there. I don't intend
to have a sign out there saying that this is wholesale/retail
furniture or anything like that. I have more than adequate
space less than 50 feet away from there that I can have a
retail sales store and that's where I intend to have the
retail sales and tha't'llstrictly be like a shipping place
so I really won't be retail selling and I'm actually paying
this property off and keeping it definitely forever with the
idea that if I ever - and that's the other reason why I
want to keep it as a residential - because if I ever do
sell my basic home here in Newport and not continue my
home here I have enough other businesses in the area that
I'll be required to spend a week -end or maybe a week at a
time or whatever here in Newport and its generally located
enough around everything else that I have that it's an
ideal situation for me.
Agee: Well with the other facilities that you have as you indicate
very;.. close proximity to you to dispose of anything i.h.,.
a retail way legitimately under the rules and regulations
why then do you object to . .
Lawrence: Well only because - I could typify an example - for instance
someone would come over to the retail outlet that I have
over at the Factory and they would buy certain items over
there and they come over and back the car up and I have a
shipper and he loads the car up and he might see something
sitting in a corner and might say "Oh golly is that available?"
in other words its something thats being ready to be shipped
over to the retail outlet and it would be available possibly,
maybe it isn't. Maybe its something that's already been
sold and being stored or something. In that case I think
I would have a tendancy to sell that item to him. And if
I did I would be violating what you are just saying. And
I don't want to break rules. I don't intentionally break
rules. That's why they said only incidental and that's
why we put that in there- an incidental thing and the sales
over the past 12 years have been - and that's why I was
before the Commission before on the same item. We went over
the fact and I had the letter at the time it had been needed
for incidental retail sales over the past 12 years so I think
it has been a continuous use and everything within your laws
and rules.
Glass: Bill, I think that inasmuch as Mr. Lawrence was careful in
the wording dfi his letter I think we should take the wording
of his letter as what he will be allowed to do - that's what
he is requesting and to quote the letter "the business will
consist of receiving, refurbishing, storage and shipping of
antique furniture and related items, period" And I think
that's what he is asking for and that's what he should be
allowed to do.
Agee: I would certainly be willing to go along with the letter
the only thing that concerns me is the - and that's why
I wanted to check it out with the City Attorney is the
reference in the recommendation and to some degree:it
seems to be coming out here that what he has said in his
letter isn',t altogether exactly what he would like to
maintain as a potential right.
Glass: Well that's what he has asked for in writing and officially to
the City - and I think that's what the City should grant
him.
Agee: I would agree with you, however, I want to make absolutely
sure however that where we have a conflict here. .
Glass: Well I'm sure that Mr. Lawrence in writting his letter was
cognizant of what he was asking for and that's what we have
so let's just leave it at that.
Agee: Well if the City Attorney would agree that you know if we
tie it to his letter I'd be perfectly willing to - happy to
go along with that. But there's no conflict between the
reference on the analysis portion.
Glass:
Well. by motion we can quote the letter
Agee:
O.K. Alright
?
Do you think we can do this?
?
Fine.
Hewicker:
In answer to Mrs. Heather's earlier question regarding
the residential use, the portion of this structure that
was being used as the residence was the second floor of
the rear building.
Lawrence:
Well the second and the first floor too because he had
the kitchen facility and bath facility downstairs also
Hewicker:
O.K. If you were to enlarge upon that residential use
so that it occupied more area than it formerly occupied
by the previous owner of the buildi.ng the Municipal Code
would require that he come to you for a use permit.
Hazewinkel:
Jim, didn't he plan on enlarging the patio or something?
Hewicker:
Well the patio is an area between the two structures. I
think what you.are doing there, Rick, is remove the roof
and put in some brick pavers and so forth, is that right?
Lawrence:
Yeh.
Heather:
But I'm sure it will be an improvement to the area.
Lawrence:
I'm spending quite a bit of money on it and it will be
all in the tradition of the old cannery area trying to
keep the structure in the same way but .....
Heather:
I think our only hang-up is the parking, really.
Lawrence:
It is and I'd like to do something about it but there isn't
any there to provide for . . I'm just putting in new plumbing
and wiring and just things that are really bad its a
wonder it hasn't had trouble before this.
Hewicker:
In answer to Mr. Hazewinkel's question, the patio in this
instance is really the space between buildings, its not a -
its not going to be increasing or decreasing the amount of
area within the structures.
Lawrence:
Actually I've already destroyed a building that was between
the two buildings - it was all covered and fully enclosed
again over the past 12 years and I've already taken that all
down and that - I think there's about 15 feet at least
between the two buildings now and that will continue to
stay as an open patio garden area now. So I've reduced the
amount of roofed area that the property had - it was probably
90% roofed before - now it's about 75%.
Glass:
Any other questions of Mr. Lawrence? Thank you very much.
Would anyone else like to comment on this item? O.K.
I'll entertain a motion for approval of this interpretation
with the sug'gesti.on that the second sentence of Mr. Lawrence's
letter of request to the Commission be incorporated as to the
extent which we are approving his business.
Agee:
Mr. Chairman, I'll make a motion, but before I do, I just
want to make sure this fits in. That we say in the recom-
mendation that his business must comply with the - why couldn't
we remove a few words there and say with the written request
and the provisions of the Code as outlined - wouldn't that
pretty much cover it?
Glass:
Well except in - - Mr. Lawrence in his letter asked for
something specifically and then in the following sentence
he hedges at it a bi't and I think the hedging is where both
the City and Mr. Lawrence may come to a misunderstanding in
the future. He says very clearly the business shall consist
of - period. And then the second sentence says"and other
mm
Agee:
Glass:
Hewicker
Glass:
Agee:
I Hewicker:
Agee
I Glass
� Agee:.
� Glass:
I Hewicker:
I Glass:
I Hewicker:
� Agee
I Heather:
Agee:
Glass:
incidental uses necessary to carry out the operation" that's
the gray area. I think we should clear up the peace of
mind of both parties involved to future action. I think we
should clear that up and omit that gray area.
O.K. Well I think I can make a motion that - - what is the
proper motion - is it a - it's certainly not approval of
Jim would this be a finding?
Yes.
The Commission finds that .
Well I guess the Commission finds that - I'll move that the
Commission finds that the proposed business be approved
without the requirement of the use permit provided that
the applicant clearly understands that his business will
consist of receiving, refurbishing, storage and shipping
of antique furniture and related items. And, well, strike
the period well I just want to know if we should include
the Code provisions .
It's the finding of the Commission that this use comes
under Section 20.30.030 of the Newport Beach Municipal
Code and that the use as the Commission has approving it
is as outlined in the applicant's letter of September 6th.
I will just add to that without the period then and I guess
put another comma or semi -colon or whatever is appropriate
and say that the provisions must comply with the provisions
of the Code as outlined.
There seems to be two interpretations of the motion but I
think you got Mr. Agee's first and last statements -allright
fine
Are you saying there is a conflict between . .
You think there is a conflict between. .
I said between what you said and what Jim said because
again Jim referred to the letter and as I said the letter
hedges and I don't think we should take the whol.e.•letter
as being concise enough.
The first paragraph of the applicant's . .
No I don't think. . . the second sentence of the first
paragraph because the end -of the first paragraph starts
hedging and that's where we are going to be in trouble
and I think we would be misleading Mr. Lawrence if we
approved this . .
O.K. lets make it clear then we are talking about the
second sentence.
Well that's why I made that motion but I did feel it was
important to make reference to the Code . . .
But you see it's a legal nonconforming use so
Well if its a legal nonconforming use its carried under the
code isn't it.
Any other discussion? Your votes please.
Secretary: All ayes with Beckley voting no - motion carries.
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BlaildirfS Address o QUf
Permit No.
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TIE CANNERY VILLAGE
ANTIQUE CO.
IN THE ICTORY WAREHOUSE
426 r 505 29TH
CANNERY VILLAGE
NE PORT BEACH. CAI.. 92900
PHONE 7t4 073.9600
Planning Commission Meeting March 8, 1979
Agenda Item No.
CITY OF NEWPORT BEACH
March 2, 1979
TO: Planning Commission
FROM: Department of Community Development
SUBJECT: Use Permit No 1878 (Revised) (Public Hearing)
Request to remodel and expand an existing non-
conforming single family dwelling and a-ntique shop
in the M-1 District.
LOCATION: A portion of Lot 3, Block 239, Lancaster's Addition,
located at 505 29th Street, on the northerly side
of 29th Street between Villa Way and Lafayette Avenue,
in Cannery Village.
ZONE: M-1
APPLICANT: Thirtieth Street Architects, Newport Beach
OWNER: Rick Lawrence, Newport Beach
Application
This application is a request to remodel and expand an existing
nonconforming.single family dwelling and antique shop in the M-1
District. In accordance with Section 20.83.070 of the Newport
Beach Municipal Code, repairs or alterations may be made to any
nonconforming building in excess of fifteen percent of the ap-
praised value of said building in any one year period, providing
that a use permit is secured in each case. Use permit procedures
are outlined in Chapter 20.80 of the Municipal Code.
Environmental Significance
This project has been reviewed, and it has been determined that
it is categorically exempt under Class 1 (Existing Facilities)
from the requirements of the California Environmental Qualities
Act.
Conformance with General Plan
The Land Use Element of the General Plan designates the site for
"Recreational and Marine Commercial" and "General Industrial"
uses and residential uses in conjunction with said permitted uses.
The proposed development falls within the uses permitted.
TO: Planning Commission - 2
Subject Property and Surrounding Land Use
An antique shop and residential dwelling unit are located on the
property in question. Said uses existed on the site prior to the
time that a use permit was required. To the north, across a 14
foot wide alley, is a mixture of industrial uses; to the east is an
older single family dwelling. The subject dwelling will be removed
in conjunction with the construction of an office -industrial com-
plex on the property. (The Planning Commission approved Use Per-
mit No. 1867 that permitted the proposed development on May 18,
1978.) To the south, across 29th Street, is a mixture of retail
shops and office uses; and to the west, is the Schock sail manu-
facturing building.
Background
Building records indicate that a building permit was issued to the
applicant on October 26, 1972 to remodel the existing dwelling
unit. The approved plot plan indicated two separate, two story
buildings on the property. The building fronting on 29th Street
consisted of a display and storage area and restroom facility on
the first floor, and a storage platform on the second floor that
was open to the first floor. The second structure contained a
kitchen area, a living room and a bathroom on the first floor,
and one bedroom on the second floor. Said dwelling unit maintain-
ed a 12 foot setback from the building on the front portion of the
lot, a 7 foot easterly side yard, a 0 foot westerly side yard, and
a 3 foot 6 inch setback from the rear property line (where the
Code requires a 10 foot rear yard in the M-1 District when abutting
an alley).
In 1976, the Building Division inspected the premises and discov-
ered that considerable remodeling and expansion work had been done
beyond that which was approved on the building permit in 1972.
The work consisted of the construction of a two -car garage, a fire-
place and an expanded bathroom with Jacuzzi on the first floor of
the commercial building. The remodeling of the second floo-r in-
cluded installing a floor over the entire area and the construc-
tion of two suites with individual "wet bars" and restroom faci-
lities.
The existing remodeling also included the construction of a second
floor balcony between the two buildings on the property. A study
was built on the first floor of the dwelling unit that encroached
to the easterly side property line (where a 7 foot side yard ori-
ginally existed). In addition, a bathroom, hall, and covered deck
were constructed on the second floor where a 7 foot easterly side
yard was indicated on the approved plot plan of 1972. The other
new development on the second floor consisted of the construction
of a relaxation alcove and roof deck.
TO: Planning Commission - 3
In June 1978, the property owner filed a request for a Use Permit
to legalize the "as built" conditions on the site as well as to
obtain approval for additions to the existing development. At
its meeting of November 9, 1978, the Planning Commission denied
Use Permit No. 1878 that would have permitted the remodeling of
the nonconforming structures as requested by the property owner.
The major concern of the Commission was that the two "suites" on
the second floor of the structure could easily be converted into
two additional residential units on the site because of their
direct access to 29th Street. The Commission also stipulated
that the applicant could come back to the Planning Commission
with revised plans if some workable solution could be achieved.
On November 30, 1978, an appeal from the determination of the
Planning Commission was filed with the City Clerk and subsequent-
ly set for public hearing on December 20, 1978. The attorney for
the property owner then indicated that a plan was being devel-
oped which he felt would be acceptable to Staff and the Planning
Commission, and that additional time was required to present said
plans to the Commission before pursuing the appeal. The City
Council therefore continued the public hearing on this matter to
its meeting of February 12, 1979. The applicant subsequently
requested that the appeal application be withdrawn from further
Council consideration.
Analysis
The applicant now proposes to remodel the residential -commercial
structure on the site as indicated on the attached floor plans
and elevations. Plans of the existing development are also at-
tached for Commission review. First floor development includes
minor interior alterations, and the construction of storage space
adjacent to the existing two car garage where a stairway to the
existing two "suites" is now located.
Development on the second floor includes the establishment of a
master bedroom suite and loft area where the two subject "suites"
now exist. An enclosed hallway is also proposed that will con-
nect the two buildings on the property. A new fireplace is pro-
posed to be constructed in a second floor living room where the
master bedroom is now located. The proposed development also in-
cludes the construction of a second floor bathroom that encroaches
to within one foot six inches of the rear property line. Staff
has no major objections to the proposed new encroachment. The new
construction is approximately nine feet above grade, and so will
not interfere with vehicular maneuverability in the alley.
Compatibility with C-R District Regulations
Section 20.41.055 of the Municipal Code provides that every building
or portion thereof which is designed or used for any dwelling group
TO: Planning Commission - 4
in the M-1 District shall comply with the requirements of such
appropriate residential district as if determined by the use to
which the industrial property is being put. Staff is of the
opinion that the C-R requirements would be appropriate, since
the Land Use Element of the General Plan designates the site for
a mixture of industrial and commercial development and residen-
tial uses in conjunction with said permitted uses.
Yards
The Municipal Code has no front or side yard requirements for the
commercial portion of any structure in a C-R District. A 10 foot
front yard setback but no side yards are required for the resi-
dential area of a mixed commercial -residential building. However,
a 10 foot rear yard is required for both commercial and residen-
tial portions of any structure.
The proposed development meets or exceeds all of the required yard
setbacks of the C-R District except for the existing rear yard set-
back of three feet six inches and the proposed one foot six inch
rear yard setback for'the second floor bathroom discussed above.
In addition, a porti-on of the residential unit encroaches to the
front property line where the Code requires a ten foot front yard.
Staff has no objections with the front yard encroachment in this
particular case. The entire two story structure now encroaches
to the front property line. However, the proposed remodeling will
include the deletion of a portion of the existing building and the
construction of two five foot six inch deep ± open balconies ad-
jacent to the master bedroom suite and the proposed loft area.
Density
The Municipal Code provides that the total gross floor area ex-
clusive of parking area in the C-R District shall be limited to 1.5
times the buildable area. The buildable area of the site is 2,241
sq. ft. (27' X 83' = 2,241 sq. ft.). The permitted density of 1.5
X the buildable area is 3,362 sq. ft. The proposed development
contains approximately 3,185 sq. ft. of floor area, or 1.42 X the
buildable area, exclusive of the two garage spaces on the property.
Location of Commercial Portion of Development
The C-R District requires that in mixed development, the commer-
cial use shall be limited to the ground floor. The entire two
story building on the front of the subject property is now devo-
ted to a commercial use, except for the existing two garage spaces
for the adjoining residential unit. The proposed development de-
letes all commercial uses from the second floor, and, as a result,
will meet the provisions of the Municipal Code.
Building Height
The height of any structure in the C-R District shall be as speci-
TO: Planning Commission - 9
fied in the 26/35 Foot Height Limitation District. The propo-
sed development has a height of 26 feet, measured from grade to
the top of the proposed flat roof, and meets the requirements
of the Municipal Code.
Offstreet Parkin
Two garage spaces for the residential use are being provided on
the site as required by Code. Said garage spaces have noncon-
forming depths of 18 feet and 19 feet 4 inches (where the Muni-
cipal Code requires garage depths of 20 feet). However, staff
feels that the subject parking spaces are accessible and usable.
No parking spaces are provided for the commercial building on the
property. Two (2) offstreet parking spaces would be required for
the commercial use if constructed under the current standard of
one parking space for each 250 sq. ft. of floor area in the
structure (428 sq. ft. ± : 250 = 2 spaces).
Specific Findings and Recommendation
Section 20.80.060 of the Newport Beach Municipal Code provides
that in order to grant any use permit, the Planning Commission
shall find that the establishment, maintenance or operation of
the use or building applied for will not, under the circumstan-
ces of the particular case, be detrimental to the health, safety,
peace, morals, comfort and general welfare of persons residing
or working in the neighborhood of such proposed use or be detri-
mental or injurious to property and improvements in the neighbor-
hood or the general welfare of the City.
Staff feels that the proposed revised development has eliminated
the major concerns of the Planning Commission. Therefore, ap-
proval of Use Permit No. 1878 (Revised) is recommended, subject
to the following findings and conditions of approval:
FINDINGS
That the proposed use is consistent with the Land Use Element
of the General Plan and is compatible with surrounding land
uses.
The project will not have any significant environmental im-
pact.
3. The proposed development substantially meets most of the
development standards of the C-R District.
4. The Police Department has indicated that they do not contem-
plate any problems.
That the nonconforming depths of the two garage spaces and
the encroachments into the required 10 foot front and rear
TO: Planning Commission - 4
yards will not, under the circumstances of the particular
case, be detrimental to the health, safety, peace, comfort
and general welfare of persons residing or working in the
neighborhood of such proposed use or be detrimental or in-
jurious to property and improvements in the neighborhood
or the general welfare of the City and further that the
proposed modifications are consistent with the legislative
intent of Title 20 of this Code.
6. The approval of Use Permit No. 1878 (Revised) will not, under
the circumstances of this case, be detrimental to the health,
safety, peace, morals, comfort and general welfare of per-
sons residing and working in the neighborhood or be detri-
mental or injurious to property and improvements in the
neighborhood or the general welfare of the City.
Conditions of Approval
1. That development shall be in substantial conformance with
the approved plot plan, floor plans and elevations.
2. All work done without permits shall be exposed and pass
inspection of the Building Division.
3. Only one residential dwelling unit shall be permitted on
the site.
4. The two existing garage spaces shall be open and accessible
ff;,r ve is gar storage at all times.
TOMM NI Y-DEG ENT
R. V. HOGAN, DIRECTOR
William R. Laycoc
Senior Planner
WRL/gg
Attachments: Vicinity Map
Excerpt of Planning Commission Minutes, 11-9-78
Proposed and Existing Plans
♦ f
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---7
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NF. WP OR 7.E
119
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'3
S!E MAP No. 9
DISTRICTING MAP
NEWPORT BEACH — CALIFORNIA
R �_. MULTIPLE RESIDENTIAL
R-A SINGLE
RESDEN71AL C-1 LISNT LDNNCRLUI
R-1 JINLIE FAMILY PE�ID[NIIAI
R-L DUPLE% IPLE FAMILY
C-! DLNUALTURING CIAL ORD ND, aJJ
P-] RLSI'S.A DISTRICTS
FAMILY PC4KNTILL Yul MANUFACTURING
DEG",Is"
-N CDMEMNS olJTmcn
Frori! Yard O. In Fuf $Mo.+n Thu+••1 —_, ._ --�
(REVISED)
COrAMIssICIN As
P\
RULL CALL
Motion
All ayes
MmUIES
City of Newport Beach
November 9, 1978
Motion was mad'e,.that the Planning Commission
approve Final Map Tract No. 8681 and Final Map
Tract No. 8682, subject-t to` he following condition
of approval: \`
1. That all applicable conditions o` proval
for the tentative map of Tract No. 8 and
Tract No. 8682 shall be fulfilled.
Request to remodel and expand an existing noncon-
forming single family dwelling and antique shop
in the M-1 District.
Location: A portion of Lot,3, Block 2390
Lancaster's Addition, located at
505 29th Street, on the northerly
side of 29th Street between Villa
Way and Lafayette Avenue in Cannery.,
Village.
Zone: M-1
Applicant: Rick Lawrence, Newport Beach
Owner: Same as Applicant
Public hearing was opened in connection with this
item, and James Parker appeared before the Plan-
ning Commission on behalf of the applicant. He
apologized for the delay in bringing this matter
back to the Planning Commission after the meeting
of July 20, 1978. He emphasized that the appli-
cant has no intention of using the property for
any purpose other than a single family dwelling,
and that the applicant would be willing to stub
out the utilities in the upstairs portion of the
forward unit, and take any other action necessary
to assure the Planning Commission of his intent;
however, he expressed concern with the safety
aspect of removing the exterior stairway. The
applicant would like to maintain the residential
and industrial character of the property, and
would use the upstairs portion for storage and
a guest room. It was questioned how a Jacuzi
could be reconciled with use for storage only.
-11-
�3
INDEX
MINUTES
C,
cOmmiSSIONERS
City of Newport Beach
November 9, 197
ROLL CALL
Another question from the Planning Commission con-
cerned the space between the structure and adjoin-
ing wall. Mr. Parker said that that problem would
be alleviated by a fireproof wall, which it now
has, or moving the "cat walk" out of the setback
area. Regarding Condition 2 of the staff report,
that "no windows, balconies or other openings shall
be permitted within 5 feet of side property lines
as required by the Uniform Building Code", the
applicant hoped that this Condition could be modi-
fied so as to allow for some discretion on the part
of the Building Official.
Mr. Parker stated that he believed that building
permits had been issued and signed off for all of
the work that had been done. Staff stated that a
set of plans authorizing the remodel, dated Octo-
ber 16, 1972, had been retained to determine what
work had or had not been authorized. It was
pointed out that three situations exist: 1) same
work has been done with a building permit that has
been inspected and signed off; 2) some work has
been done for which a building permit has not been,
issued, but for which a permit could be issued;
and 3) some work has been done for which a permit
could not be -issued. It was observed that it is
now a substantially different project from the
original.plan.
There being no others desiring to appear and be
heard on this item, the public hearing was closed..
Motion X Motion was made that the Planning Commission deny
All ayes Use Permit No. 1878 and make the following findings
1. The proposed development is not consistent
with the General Plan and will preclude the
attainment of the General Plan objectives and
policies.
2. The proposed development will adversely affect
th benefits of occupancy and use of existing
properties within the area.
3. The proposed development will adversely affect
the public benefits derived from expenditures
of public funds for improvement and beautifi-
-12-
INDE)
COMMISSIONERS
ROLL CALL
,(
b
M MUTES
City of Ne'wPort Beach 16
mber 9, 19
cation of streets and public facilities with-
in the area.
4. No offstreet parking spaces are being pro-
vided for the expanded commercial use in
Cannery Village where an inadequate number of
parking spaces already exists.
5. That the establishment, maintenance or opera-
tion of the use of the property or building
will, under the circumstances of the particu-
lar case, be detrimental to the health, safe-
ty, peace, comfort and general welfare of
persons residing or working in the neighbor-
hood of such proposed use or be detrimental
or injurious to property and improvements in
the neighborhood or the general welfare of
the City and further that the proposed expan-
sion of the existing single family dwelling
on the site is not consistent with the legif-
lative intent of Title 20 of the Municipal
Code.
In addition, the staff was requested to inspect
the premises and require that they be brought into
compliance with the findings that were made by the
Planning Commission in 1972. If the staff feels
that some workable solution can be achieved to
their satisfaction, the applicant may come back to
the Planning Commission at the next meeting.
Additional fees would be waived.
Request to,,permit a drive -up teller facility in
conjunction 'With a Universal Savings and Loan use
in an existing ,d*tice building in Koll Center
Newport.
Location: A portion of L0,1;�3, Tract No. 9063,
located at 4901 Birch Street, on the
southeasterly corner iuf�Birch Street
and MacArthur Boulevard ilryColI Center
Newport.
Zone: P-C
Applicant: Universal Savings and Loan, Rosemead
INDEX
-13-
COMMISSIONERS CITY OF N EWPORT BEACH
7�G�25;A
41 m r m y 0
mi�rwm?a �,� Regular Planning Commission Meeting
m !A? 0 Place: Council Chambers MINUTES
p Time: 7:30 P.M.
ROIL CALL m Date: November 2. 1972 iunev
Pr t
X
X
X
XXX.X
EX-OFFICIO MEMBERS
David R. Baade, Assistant City Attorney
amin B. Nolan, City Engineer
STAFF ME S
James D. Hewicker, st. Community Development Dire
for
William R. Laycock, Se ' r Planner
Carl Neuhausen, Advance P ing Administrator
Shirley L. Morgan
* * * * * * * * * *
Motion
Minutes'of the Regular Meeting of October 5, 1
All Ayes
were approved as written.
Item #1
Request for interpretation of various sections of
REQUEST
the Municipal Code pertaining to permitted uses in
FOR
the M-1 District.
T_NTER-
PRETATIO
Location: 505 - 29th Street, Newport Beach
Zone: M-1
Aoplicaht: R. L. Lawrence, Newport Beach
Planning Commission discussed the type of sales to
be conducted.
R. L. Lawrence appeared before the Planning Commis-
sion and answered questions concerning the intended
operation and residential use of the property. He
stated that he agreed with the staff recommendations;
intended to make the existing residence into a
combination office -studio -residence for his own
use; and would comply with whatever provisions the
City imposes.
Motion
Following discussion, it was the finding of the
Ayes
X
X
XX
X
Planning Commission that the proposed business
Noes
X
comes under Section 20.30.030 of the Newport Beach
Municipal Code and therefore Planning Commission
approves of same without the requirement of a use
permit providing that the applicant clearly under-
stands that his business will consist of receiving,
Page 1.
COMMISSIONERS
9�G1Y2;p
mnywmya�,,`"„
I < N 1ro
,ROLL CALL , 9
CITY OF NEWPORT BEEA0CH
November 2. 1972
MINUTES
refurbishing, storage and shipping of antique
furniture and other related items; and must comply
with the provisions of the Code as outlined.
Item #2
Request to permit the construction of a 104 unit
USE
senior citizen retirement home in the Unclassified
PERMIT
District, and the acceptance of an Environmental
1623
Impact Report.
CONT.TO
Location: Parcel 2, Resubdivision 234, located
DEC. 7
at 333 Placentia Avenue on the
westerly side of Placentia Avenue
between Hospital Road and Superior
Avenue in Hoag Hospital Area.
one: Unclassified
A 'cant: Stivers/Huntington, Huntington Beach
Owner: Morgan A./Howard C. Stivers, Long Be
ch
Motion
At the re est of the applicant, Planning Commissio
All Ayes
continued t 's matter to the meeting of December 7,
1972.
Item #3
Request to amend Us Permit Application No. 1178
USE
to construct new faci ities for an automobile tire
PERMIT
sales and service cente .
1178
AMEND.
Location: Lot 1 and a ortion of Lot 2, Block
P, Tract 323, located at 3016 East
APPROVED
Coast Highway the southeasterly
O-NDI-
corner of East C ast Highway and
TIONALLY
Iris Avenue in Co na del Mar.
Zone: C-1
Applicant: Coast"Auto Service Cente (Les Schun
)
Corona del Mar
Owner: Same as Applicant
Public hearing was opened and Planning Commissi
discussed the matter with reference to signs, set
backs and a wall adjacent to the residential
property.
Les Schunk, owner and applicant, appeared before
Page 2.
`` �• COMMISSIONERS *CITY OF NEWPORT IRCH
9 ar 61Z�m
G""�yO
m�yiom9+a^
MINUTES
ROLL CALL October 19, 1972 INDEX
Following discussion, the Planning Commission ad-
vised Mr. Moore that an Environmental Impact Report
would be required before any action could be taken.
Moore stated that a report on 90 acres (this
ports and the balance of the property) as one
unit migh esent timing problems as to develop-
ment and thus to be treated separately. He
further requested t this request be on agenda
of study session of Novem 2, 1972 and continued
to November 16, 1972 when a re t would be ready.
Chairman Glass closed the Public Hearin .
Motion
X
Following discussion, the Planning Commission con -
All Ayes
I
1
11
tinued this matter until -November 16, 1972.
Item #9
Request for interpretation of various sections of
RE UEST
the Municipal Code pertaining to permitted uses in
FOR
the M-1 District.
INTER-
PRETA IO
Location: 505 - 29th Street, Newport Beach
Zone: M-1
Applicant: R. L. Lawrence, Newport Beach
ChairmanGlass reviewed the application and staff
report with the Planning Commission.
In response to the Planning Commission, Community
Development Director Hogan stated that the former
application was for a retail display room indi-
cating retail sales from the premises whereas this
request is that the property be used for refur-
bishing of antique furniture to be shipped out for
sales at another location and it is consistent
with intent of ordinance.
Following discussion, Chairman Glass requested if
the applicant or agent was present and there was
no response.
Motion
X
Following further discussion, a motion was made to
continue this item until applicant was present.
Following discussion, Chairman Glass continued this
item to'the end of the agenda and former motion
was withdrawn.
At the end of the agenda, Chairman Glass again
Page 9.
COMMISSIONERS
4PITY OF NEWPORT BE�H
vOmGr2y m;a
ro
? October 19, 1972
ROLL CALL V
MINUTES
INDEX
asked if the Applicant or his agent were present
and again there was no response.
Motion
X
Planning Commission continued this matter until
All Ayes
November 2, 1972.
Item #10
Request to permit the construction of a 104 unit
JSE
senior citizen retirement home in the Unclassified
5TRIT
District.
j
Location: Parcel 2, Resubdivision 234, located
ONT.
at 333 Placentia 4venue on the
-
To
westerly side of Placentia Avenu'e be
OV. 2
tween Hospital Road and -Superior
Avenue in Hoag Hospital area.
ne: Unclassified
A 'cant: Stivers/Huntington, Huntington Beach
Owner: Morgan A./Howard C. Stivers
Long Beach
Motion
X
At the reque t of the Applicant, the Planning
All Ayes
Commission co inued this matter to November 2,
1972.
Item #11
Request for an extensi n of an existing use
JSE
.permit
which allows d garage w th light repairs and
PERMIT
service.
1 78
Location: Lot 1 and a p tion of Lot 2,
PPROVED
Block P, Tract 23, located at
ONDI-
3016 East Coast 'ghway on the south
TONALLY
easterly corner o East Coast Highwa
and Iris Avenue in rona del Mar.
Zone: C-1
Applicant: Coast Auto Service Center es
Schunk), Corona del Mar
Owner: Same as Applicant
Chairman; Glass reviewed the application and staff
report with the Planning Commission.
Assistant Community Development Director Hewicker
stated that on the staff's last inspection that
Applicant had not complied with conditions
Page 10.
COMMISSIONERS
kITY OF NEWPORT BERCH
yG�M� vmyO
mn➢wmy-�?�m
A
ROLL CALL. M
October 5. 1972
MINUTES
ounex
Item #19
Request to permit two residential units above
USE
commercial use in the C-1 District.
PERMIT
634
Location: Lot 23, Block 13, Section 4, Balboa
Island, located at 327 Marine
CONT. TO
Avenue between an alley and Balboa
OCT. 19
Boulevard on Balboa Island.
Zone: C-1
Applicant: Rolly Pulaski & Assoc., Newport Beach
Owner: ame as Applicant.
Motion
X
Planning Commissio continued this matter to the
All Ayes
meeting of October 1972.
Item #20
Request to amend a portion f Districting Map No.
26 from an Unclassified District to a C-1 District.N
AMENDMENT
'. 343
Location: Portion of Lot 2, ract No. 1125,
CONT. TO
located on the east ly side of
Dover Drive between W tcliff Drive
OCT. 19
and Sixteenth Street on Id
Castaways property.
Zone: Unclassified
Applicant: The Irvine Company, Newport Beac
Owner: Same as Applicant.
Motion
X
Planning Commission continued this matter to the
All Ayes
meeting of October 19, 1972.
Item #21
Request for interpretation of various sections of
INTER -
the Municipal Code pertaining to permitted uses in
PRETATION
the M-1 District.
CONT. TO
Location: 505 - 29th Street, Newport Beach
OCT. 19
Zone: M-1
Applicant: R. L. Lawrence, Newport Beach
Motion
X
Planning Commission continued this matter to the
All Ayes
meeting of October 19, 1972.
Page 17.
Planning Commission Meeting Nov. 2, 1972
Item No. 1
CITY OF NEWPORT BEACH
October 27, 1972
TO: Planning Commission
FROM: Department of Community Development
SUBJECT: Request for interpretation of various sections of
the Municipal Code pertaining to permitted uses in
the M-1 District. (Continued)
LOCATION: 505 - 29th Street, Newport Beach
ZONE: M-1
APPLICANT: R. L. Lawrence, Newport Beach
This request was continued from the meeting of October 19, 1972
in order that the applicant could be present to answer questions.
The applicant has been notified and the former staff report is
still applicable.
DEPARTMENT OF COMMUNITY DEVELOPMENT
R. V. HOGAN, DIRECTOR
By
mes D. Hewic'ker,
sistant Director
RVH:JDH:sm
Item No. I
i
Planning Commission Meeting October 5, 1972
Item No. w k
CITY OF NEWPORT BEACH
September 29, 1972
TO: Planning Commission
FROM: Department of Community Development
SUBJECT: Request for interpretation of various sections of
the Municipal Code pertaining to permitted uses in
the M-1 District.
LOCATION: 505 - 29th Street, Newport Beach
ZONE: M-1
APPLICANT: R. L. Lawrence, Newport Beach
Application
The applicant has requested an interpretation of Section 20.30.030
and 20.30.040 of the Municipal Code pertaining to permitted uses in
the M-1 District. These sections read as follows:
"20.30.030 Uses Permitted. The following uses shall be permitted
in the M-1 Districts:
(a) Wholesale bakeries; creameries;'bottling works; building material
yards; contractors yards; fuel yards; machine shops; lumber yards;
building and repair of boats; research laboratories and institutes;
instrument manufacturing; fabrication of plastic products; furniture
upholstering; storage, including storage of cement and lime incidental
to a retail or wholesale business; manufacturing' uses; and any other
uses which, in the opinion of the Planning Commission are of similar
nature, but under the same limitations'and restrictions specified
in sections governing same.
(b) Signs appurtenant to any permitted use."
1120.30.040 Uses Requiring Use Permit. The following uses shall be
permitted subject to the securing of a use permit in each case:
(a) Gasoline service stations; houseboat marinas; and fish smoking,
curing or freezing.
(b) Professional offices; restaurants.
(c) Commercial uses including but not limited to retail and
wholesale stores; cartography; bookbinding; printing; lithography;
editorial and designing; laundries; dry cleaning plants; and any,
other uses which in the opinion of the Planning Commission are of
a similar nature; provided, however, that the following exceptions
shall apply to structures and uses which are in existence on the
effective date of this section:
(1) The lawful use of land or buildings in the M-1 District
which do not meet the requirements of this subsection may be
continued or changed to a use which would require the same
or less on -site parking according to the standards established
in Chapter 20.38, entitled '-H' District, without compliance
with the requirements of this subsection.
Item No. X /
•
TO: Planning Commission - 2.
(2) Any existing structure may be repaired, altered or
remodeled, without complying with the requirements of this
subsection.
(3) Any existing stru.cture or use may be enlarged by not
more than 10% of its original gross area in any one year
period without complying with the requirements of this sub-
section.
(d) Signs, other than those appurtenant to any permitted use,
including billboards."
Background
This Section of the Code was amended by Ordinance 1441 on June 7,
1972. Prior to this amendment, the City Council had adopted an
emergency ordinance which read in part
"Section 1. All uses within the M-1 District will require
a Use Permit, except building material yards, contractors
yards, fuel yards, machine shops, lumber yards, building
and repair of boats, instrument manufacturing, manufacturing
uses, and any other uses which, in the opinion of the Planning
Commission are of a similar nature . . . "
On May 18, 1972 the Planning Commission upheld a staff interpretation
of the emergency ordinance requiring a use permit for the retail
sales of antiques, pictures, and plants in decorative wooden
planters at this same location. The previous use had been the
Walton Corkboard Co. which did some retail sales only as an
incidental part of their operation, and the staff felt that the
proposed use was a more intensive use, and therefore should require
a use permit.
Analysis
The applicant feels that his present proposal is similar to
furniture upholstering, storage and manufacturing all of which
are permitted uses. He also feels that it is similar to the
previous business.
The staff agrees that the proposed use as described in the letter
from the applicant meets the intent of the ordinance as long as it
is limited to "receiving, refurbishing, storage and shipping of
antique furniture and related items" and "necessary office space
for the operation of the business, and other incidental uses
necessary to carry out the operation". The staff, however does
not feel that there should be any retail sales at this location
except for sales which are clearly incidental and secondary to
the ,primary use of receiving, refurbishing, storage and shipping.
Furthermore, the staff interprets the shipping portion of this
business to mean shipping the merchandise to another location to
sell, and not as delivering merchandise to customers after the
conclusion of a sale on the premises.
Recommendation
The staff recommends that this proposed business be approved without
the requirement of a use permit provided that the applicant clearly
understands that his business must comply with the interpretation
of his request and the provisions of the Code as outlined above.
DEPARTMENT OF COMMUNITY DEVELOPMENT
R. V. HOGAN, DIRECTTOR
By �Zo, z P, 2
William R. Foley, S or Planner
RVH:WRF:sm
Attachments: Applicant*s Letter
Vicinity Map
Item No. 21
-1
i
u
R
�'v.
Il 0, 2106 WEST OCEAN FRONT r/
NEWPORT BEACH, CALIFORNIA !•
92660 (714) 675.1714 /
September 6, 1972 /
Planning)Commiss on I
City of '} ewpprt Leach
3300 Newport; B1vg1. ;
Newport eachp Calif. 92660:
Gentleme I
It is mntent bn to o P era;te an antique furniture and
yi q
f I
artifacts business at 505 29th Street. The business
y
will consist offreceiving, refurbishing, storage and
shipping of antique furniture and related items. At
this location there will be materials for repairing of
i
furniture; there will be necessary office space for the
operation of the business; and other indidental uses
necessary to carryout the operation,
This business replaces the former business at this loca-
tion, which was the Walton Corkboard Company whichl for,
the past twelve years, was a cork paneling, manufacturing,
sales operation. Section 20.30.030(a) of the Newport
Beach Municipal Code permits, among others, "furniture
upholstering; storage, including storage of cement and
lime incidental to a retail or wholesale business; manu-
facturing uses; and any -other uses which, in the opinion
of the- Planning Commission are of similar nature, but
under the same limitations and restrictions specified in
(1)
r •. • •
AIL`yyY 2106 WEST OCEAN FRONT
EST �z— NEWFORT BEACH, CALIFORNIA
�:.;t
•lf
92660 (714) 675.1714
sections governing same."
s'
It is my belief that the business which I propose is
1, similar to the furniture upholstering, storage, and
manufacturing uses permitted in the district, and I
request approval of the Planning Commission in the
operation of this business.
Sincerely,
Richard L. Lawrence
RLL/cs
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2106 WEST OCEAN FRONT
NEWPORT BEACH, CALIFORNIA
92660 (714) 675.1714
September 6, 1972
Planning Commission
City of Newport Beach
3300 Newport Blvd.
Newport Beach, Calif. 92660
Gentlemen:
It is my intention to operate an antique furniture and
artifacts business at 505 - 29th Street. The business
will consist of receiving, refurbishing, storage and
shipping of antique furniture and related items. At
this location there will be materials for repairing of
furniture; there will be necessary office space for the
operation of the business; and other indidental uses
necessary to carry out the operation.
This business replaces the former business at this loca-
tion, which was the Walton Corkboard Company which, for
the past twelve years, was a cork paneling, manufacturing,
sales operation. Section 20.30.030(a) of the Newport
Beach Municipal Code permits, among others, "furniture
upholstering; storage, including storage of cement and
lime incidental to a retail or wholesale business; manu-
facturing uses; and any other uses which, in the opinion
of the Planning Commission are of similar nature, but
under the same limitations and restrictions specified in
(1)
•
ALLEY2106 WEST OCEAN FRONT
T NEWP92 60 BEACH, ( i )CALIFORNIA
675-1714
sections governing same."
It is my belief that the business which I propose is
similar to the furniture upholstering, storage, and
manufacturing uses permitted in the district, and I
request approval of the Planning Commission in the
operation of this business.
Sincerely,
Richard L. Lawrence
RLL/cs
(2)
v tiQ P M
J.
ro
✓'. 7 SEP 0
PLANNING COMMISSION
CITY OF NEWPORT BEACH
3300 NEWPORT BLVD.
NEWPORT BEACH, CALIF. 92660
-r.. -' ..:...gc
- ! ggt.,.
A"
COMMISSIONERS
N
Jnaw£fD
cD O J•
N N
ROLL CALL m'D
CITY OF NEWPORT BEOH
Mav 18 1972
MINUTES
INDEX
Balboa Boulevard on the southerly
side of West Balboa Boulevard betwee
6th Street and 7th Street, on the
Balboa Peninsula:
Zone: -3
Applicant: Terrance tin, Balboa
Owner: Same as applicant.
Motion
x
This application was continued until July , 72
Second
x
at the request of James Reed, one of the purchas
All Ayes
of the property.
Item #16.
Appealing the interpretation of the Director of
PPEAL
Community Development requiring a use permit for
FROM
retail sales in the M-1 District under the pro-
I ERPRE-
visions of Ordinance No. 1430
T I
Location:, 505 - 29th Street, in the Cannery
UPHELD
Village area.
Zone: M-1
Appellant: R. L. Lawrence, Newport Beach
Chairman Dosh reviewed this request with the Commis
sion and the Commission discussed it at length.
Upon being questioned, Director Hogan stated that
he had personally inspected the subject property.
He outlined in detail the operation of the previous
owner as well as that proposed by Mr. Lawrence. He
pointed out that basically the interpretation to be
made by the Commission was whether the new use
would be a retail operation as opposed to manufactur-
ing, a retail use would require a use permit while
a manufacturing or industrial use would not.
Mr. Lawrence was present and addressed the Commis-
sion at length regarding his proposed operation
as well as the use of the property. He stated that
in his opinion, the use he was proposing was simila
to that of the previous owner who was known.as a
wholesale and retail dealer.
Motion
x
Following further discussion, the interpretation of
Second
x
the Director of Community -Development was upheld
Ayes
x
x
x
x
x
x
and Mr. Lawrence was advised that he could appeal
Abstain
x
the decision of the Planning Commission to the
City Council within 21 days.
Page 19.
`N
Planning Commission Meeting May 18, 1972
CITY OF NEWPORT BEACH
May 12, 1972
Item No. 16
TO: Planning Commission
FROM: Department of Community Development
SUBJECT: Appeal from Interpretation
Appealing the interpretation of the Director of
Community Development requiring a use permit for
retail sales in the'M-1 District under the pro-
visions of Ordinance No. 1430.
LOCATION: 505 - 29th Street; in the Cannery Village area.
ZONE: M-1
APPELLANT: R. L. Lawrence, Newport Beach
Background
Ordinance No. 1430, requiring'a use permit for all non -manufacturing
uses within the M-1 District, was adopted,as an emergency ordinance
by.the City Council on February 28, 1972. This.Ordinance will ex-
pire on May 28, 1972; however the City Council will hold a hearing
on a one year extension on May 22, 1972.
Section 1. reads as follows:
"SECTION 1. All uses within the M-1 District will require
a Use Permit, except building material yards; contractors
yards; fuel yards; machine shops; lumber yards; building and
repair of boats; instrument Oanufacturing, manufacturing
uses; and any other uses which, in ihe,opinion of the Planning
Commission are of similar'nature, but under the same limita-
tions and restrictions specified in sections governing same".
The appellant requested permission -to engage in retail sales of
antiques, pictures and plants in decorative wooden planters in an
existing building in an M71'Dis�rict, and the staff interpreted the,
Ordinance as requiring a use:permit for the establishment of such
uses.
This appeal has been filed in.accordancp with Section 20.58.010 of -
the Newport Beach Municipal Code.
Analysis
The existing building located at 505 - 29th Street is vacant. It
was previously used by the Walton'Corkboard Company for manufacture•,
and storage of cork wall paheling� As an incidental part of their
business, the Walton Company did engage in some,w esale and retail
sales. The major portion of their business, however, was the manu-
facturing and installation of wall paneling. There were no separate
areas set aside for display and/or retail sales within the existing
b 'ld'
u� ing.
It is our opinion that the proposed use does not represent a "con-
tinuation of -the' same kind of use presently exi,sti.ng".but is an
expansion and intensification of what was a minor part of a manufac-
Item No. 16
{
r
TO: Planning Commission - 2.
turing operation, and thus falls within the intent of Ordinance
No. 1430.
ai es E. zu
en!or
P anner
JEN:hh
Attachments: Letter from R. 4; Lawrence dated April 27, 1972
Letter from Don -Walton dated May C 1972
Item No. 16
F
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ALLEY' . / 2106 WEST OCEAN FRONT{
EWPORT BEACH, CALIFORNIA
I9gla,92660 �<< (714) 675.1714
I •
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April 27, 1972
Planning Commission i f
City of Newport Beach
City Hall
3300 Newport Blvd.
Newport Beach, Calif.
Gentlemen:
Appeal from interpretation of Community Development
Director of'Ordinance Number 1430 requiring a use
permit for retail sales at 505 29th St..
It is my beleif.that retail sales consisting of
antiques, pictures, and plants in decorative Wooden
planters, is a;contiunation of the same kind of use
presently existing in the building and should not
require a use permit or any additional parking.
The existing user is using approximately 5,000 square
,feet of building area. I will be deleting 600 square
feet of building area by opening up an exisfing covered
.room into a garden patio-. The Walton Company, was using
the entire 5,000 square feet for wholesale and'retail
sales. I will only be using 500 square feet for retail
sales in the very front portion of the building. The
Walton Company also has had eight automobiles at all
times for the porperty.• I will have a maximum of three
automobiles, with parking on the porperty for one 'of
these.
Your understanding of this matter would be appreciated.
Very truly yours,
R. L. LAWRENCE RECE1'''°
/! Cot.. ..};y 3
RLL/rs .1. Dept.
Dept,
APR 2 71972-r- a
CITY OF
NEWPORT. BEACH,
6 CALIF. S
(b 6`
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• dOn walton
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May 8, 1972
City of Newport Beach
Plpning Commission
3300 Newport -Boulevard
Newport Beach California 92660
designer - craftsman
1 505�/2 29th street
newport bpach, california 92660
714/ 675.14114 • ' 213/ 625.1151
-'Attention: Dick Hogan '
Dear Mr. Hogan:
I have occupied the property at 505 -29th Street,`•'Newport Beach since.
October of 1960, approximately 112 years. During this time, I have
'been engaged in manufacturing for wholesale•and retail. As my prof -
'ession is cabinet and furniture making, the majority of my time and
interests were devoted to the making and refurbishing of furniture,
However, I did other types, of woodworking, including boat work and
.repair and•most recently the manufacture and sale of cork wall panel-
ing and related products. Some of these items were manufactured on
the premises, while others were bought for resale. The majority of
my'business has been with the, retail trade,
The building in the rear, known as 5052a has been my sole living
quarters during the time that?I occupied the building until last month '
when Rick Lawrence bought the property and' gave me notice to move.
At that time, I moved into an! apartment, leased a commercial build-
ing for my business and vacated the premises.
In the past, I have had 3 business vehicles of'my own in addition to
the vehicles of my 5 employ es, parking at the premises.
VerX truly yours,
Don Walton j
, Y
DW/ja
cc: Rick Lawrence
505 -• 29th Street
Newport Beach, Ca:
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April 27, 1972
Planning Commission
City of Newport Beach
City Ball
3300 Newport Blvd.
Newport Beach, Calif.
Gentlemen:
2.106 WEST OCEAN FRONT
NEWPORT BEACH, CALIFORNIA
92660 (714) 675.1714
Appeal from interpretation of Community Development
Director of Ordinance Number 1430 requiring a use
permit for retail sales at 505 29th St..
It is my beleif that retail sales consisting of
antiques, pictures, and plants in decorative wooden
planters, is a contiunation of the same kind of use
presently existing in the building and should not
require a use permit or any additional parking.
The existing user is using approximately 5,000 square
feet of building area. I will be deleting 600 square
feet of building area by opening up an existing covered
room into a garden patio-i. The Walton Company was using
the entire 5,000 square feet for wholesale and retail
sales. I will only be using 500 square feet for retail
sales in the very front portion of the building. The
Walton Company also has had eight automobiles at all
times for the porperty. I will have a maximum of three
automobiles, with parking on the porperty for one of
these.
Your understanding of this matter would be appreciated.
Very truly yours,
R. L. LAWRENCE
RLL/rs
R EC EIb cD
Col.. ,.1ty
Devewpment
Dept.
APR 2 719720-
CITY' OF
NEWPORT EACH,
CALIF.A
kty
don walton
May 8, 1972
•
City of Newport Beach
Planning Commission
3300 Newport Boulevard
Newport Beach, California 92660
Attention: Dick Hogan
Dear Mr. Hogan:
\J
designer - craftsman
505�/2 29th street
newport beach, california 92660
714/ 675.1414 • 213/ 625-1151
I have occupied the property at 505 - 29th Street, Newport Beach since
October of 1960, approximately I12 years. During this time, I have
been engaged in manufacturing for wholesale and retail. As my prof-
ession is cabinet and furniture making, the majority of my time and
interests were devoted to the making and refurbishing of furniture.
However, I did other types of woodworking, including boat work and
repair and -most recently the manufacture and sale of cork wall panel-
ing and related products. Some of these items were manufactured on
the premises, while others were bought for resale. The majority of
my business has been with the retail trade.
The building in the rear, known as 5052, has been my sole living
quarters during the time that I occupied the building until last month
when Rick Lawrence bought the property and gave me notice to move.
At that time, I moved into an apartment, leased a commercial build-
ing for my business and vacated the premises.
In the past, I have had 3 business vehicles of my own in addition to
the vehicles of my 5 employees parking at the premises.
Ver truly yours,
Don Walton
DW/ja
cc: Rick Lawrence
505 - 29th Street
Newport Beach, Ca.
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