Loading...
HomeMy WebLinkAbout12/20/1956MINUTES, PLANNING COMMISSION MEETINGS DECEMBER 20, 1956 7:30 P.M. CITY HALL COUNCIL CHAFERS NDIPORT BEACH, CALIFORNIA ROLL CALL COMMISSIONERS PRESENT : LIND, BRIGGS, RUDDY SMITHS LONGMOOR, KEENE, & COPELIN COMMISSIONERS ABSENT : HAYTON, REED MINUTES November 159 1956 Minutes of the meeting on November 15, 1956 were approved on motion of Commissioner Briggs, seconded by Comm. Rudd and carried. 1• KELSO, Harry M. 2. Lot 3 3. Posted November 4- Construction of 5. Impossible to cc graphy of land. 6. DISCUSSION 7. FINDINGS VARIANCES #325 1231 Dolphin Terrace Corona del Mar Tract 2334 Zone R -1 19 1956 Published November 1, 1956 swimming pool on front one -half of lot. )nstruct on rear half of lot due to topo- : Note findings. Investigation by the Committee revealed no available space to have the swimming P001 other than on the front 2 of lot. No protests were received, therefore approval of application was recommended. Commissioner Keene moved the Commission recommend the APPROVAL of this Variance subject to the condition that a 6' fence be errected between the setback line and the swimming pool, seconded by Comm. Lind and carried by the following roll call vote, to wit: ALL AYES. 0 0 0 *age - 2 - VARIANCES 1• BABCOCx #3 �9 , Stuart 213 Via Lido Soud Lido Island 2> Lot 889 & of 888 Tract 907 3. Posted December 10 Zone R -1 9 1956 Published December 6 4a An encroachment of , 1956 for extension of 3: 6 « into front yard setback eave overhang only, to allow 5. The extra overhang the sun is to create added protection against 6• DISCUSSION : Note findings. 7• FINDINGS The Committee reported that this request was similar to those property owners on Lido Island seeking permission to extend awnings and who have been advised that a blanket variance should be submitted. A recommendati the suggestio on of denial was made with n that all property owners on the South side of the Island request a blanket variance, 8• Commissioner Lind moved the Commission recommend the DENIAL Of this Variance, seconded by Comm. Keene and carried by the following roll call vote, to wit: ALL AYES 1• #330 Earl F CHAMBERLAIN F. & HETRICK, Harold 600 & 602 Iris Ave. 2. Lots 2 & 4 B1 ock 636 Tract CDM 3• Posted December 10 1956 Zone R -2 Published December 6 1956 Yard s 4� Waiver of front 9 g on rear of lot, building etback to permit construction of 5• topography of land it is almost impossible to build 6, DISCUSSION Note findings, 7. FINDINGS . The Committee found upon investigation of this property that a gully ran through a Portion of these lots and a definite hard - build e On the if applicant was. required to the front. 0 7 Q t 1. 2. 3. 0 0 Page - 3 - VARIANCES #330 (con'd from Page 2) Commissioner Briggs moved the Commission recommend APPROVAL of this Variance, seconded b carried by the followin Rudd the g roll call voteI to Rudd and to wit: ALL AYES. MCRAE, R.B. and Gladys L. Lot 14 Posted December 4• An Of 5. 6. Tract 1218 105 1956 encroachment of 2' into a required front 20' to allow for extension garage. be addition of 2' to garage be entered from street side. DISCUSSION #331 725 St. James Rd. Zone R -1 Newport Beach Published December 6, 1956 FINDINGS Comm-; yard setback is needed so that garage may • Mr. James Sharp spoke against the encroach- ment stating he was a neighbor and he felt the grantinThOfCthis variance would jeapordize his view. the structure adjacentlon Pointed out that already behind the requiredlsetbackrline aand to that the applicant was entitled to croachment on that side. the en- The Committee reported that the encroachment Of 2' on the street side would provide better access to the garage and would not be detri- mental to the health, safety, peace, morals comfort or general welfare of persons , residing or working in the neighborhood. APPROVAL ofrthiseVarianced the Commission recommend carried by the follo • ; seconded by Com the wing roll call vote m• Rudd and te, to wit: ALL AYES. • I 1.,. CREAMER, Ruth 2. Lot Page - 4. _ VARIANCES #332 128 Opal Balboa Island 25 Block 11 Section I BI Zone R_2 3., Posted December lo, 1956 Published December 13, 1956 4* Waiver of parking requirement under Section 9105,5 (a) 5. With remaining available sppace it is not in a livable unit without 4tPossible eliminating parking requirement, on the setback or 6.. DISCUSSION Mr, Don Butts, authorized representative of the applicant, spoke from the floor stating that he now realized that the application should not have requested waiver of off- street parking. He requested the Commission to carry action of this application over until the next regular meeting so that it could be amended, 7.. Commissioner Lind moved the Commission carry this application over until the next regular meetin igs and carried.. g, seconded by Comm, Brriggs, age RESUBDIVISIONS #641 1. PETTENGILL, George A. 1520 Tustin Ave. Newport Beach 2. Lot 47 Newport Heights g Zone Unclassified" 3. Posted November 5, 1956, 4. Creation of four (4) building sites. was 5. DISCUSSION This application/carried over from the meeting of November 15, 1956 so that an Opinion could be secured from our Planning Consultants, Hahn, Wise and Associates. In a communication dated December 4, 1956 Mr. Leonard Knittel, representative of above mentioned firm, recommended approval Of sites with street frontage. 6. 'FINDINGS The Committee on the basis of the recommend- ation of Hahn, Wise and Associates and the Planning Commission, City of Costa Mesa suggested that this lot be divided into two (2) parcels with frontage of both on Tustin Ave, 7. Commissioner Briggs moved the Commission recommend the APPROVAL of this Resubdivision subject to the condition that the lot be divided into two lots of equal size having frontage on Tustin Avenue, seconded by Comm. Cop and carried by the following roll call vote, to wit: ALL AYES 8. Commissioner Lind moved the Commission recommend that the: filing of the final map be waived, seconded by Comm. Copelin, and carried. #642 1. SHEELEY, Mary J. & GILLIS, Hannah 500 Santa Ana Ave. 29 Lot 1 & 2 Block 32 1st Addition to Newport Heights 3. Posted December 10, 1956 Zone R -1 4. Creation of two building sites. The two 50 x 117' lots now facing on Santa Ana is requested to be made into one 50 x 100' and.one 67 x 100' with frontage to be on Clay Street.. 5. DISCUSSION . Note findings. • 6 FINDINGS This application was approved City Engineer on December 11, 1956 and 'Page 6 RESUBDIVISIONS #42 (con'd from page 5) the Committee stated the division Of this lot would provide good land. use. 7- Commissioner Briggs moved the Commission recommend the APPROVAL of this.Resubdivision seconded by Comm Smith , and carried by +;he following roll call vote, to wit: ALL AYES 8o Commissioner Rudd moved the Commission recommend the filing of the final map be waived and carried , seconded by Comm. Smith, 1, BUTLER, Minot E. and Anna M. 2, Lots 3 &,4 Block 218 • 3. Posted December 10, 1956. 4, Re- alignment of property lines; 5. DISCUSSION Note findings. #43 212 19th Street Newport Section B. Zone R -4 6. FINDINGS . The Committee recommended approval of this application subject to the condition that the setback on Bay Ave, be 3' and that the setback on 19th Street be 101, 7. Commissioner Rudd moved the Commission recommend the APPROVAL of this Resubdivision subject to the above conditions, seconded by Comm, Copelin and carried by the following roll call vote, to wit: ALL AYES, 80 Commissioner Keene moved the Commission recommend that the filing of the final map be waived, seconded by Comm. Rudd and carried, J n u �age_7_ • RESUBDIVISIONS #44 1. HOAG, George 1I- 2258 Channel Road Balboa 2. Lots 9, 10 & 11 Block P Tract 518 Zone R -1 3. Posted December 11, 1956. 4. Creation of two (2) large lots out of three (3) small lots. 5. DISCUSSION Note findings. 6. FINDINGS The Committee felt the creation of two large lots out of three small ones would be a definite improvement and recommended approval. 7. Commissioner Briggs moved the Commission recommend the APPROVAL of this Resubdivision, seconded by Comm. Smith and carried by the following roll call vote, to wit: ALL AYES. • 8. Commissioner Smith moved the Commission recommend the filing of the final map be waived, seconded by Comm. Rudd and carried by the following vote, ALL AYES, n u 0 7. Page - '3 USE PERMITS 1 LLuJIS #268 , Raymond 1826 & 1828 W. Balboa Blvd. 2. Lots 14 & 15 Block 118 1956. Newport Beach 3• Posted October 5 Section B Tract 234 Zone R -3 • Construction of a five (5) unit apartment building over_ lapping on two lots. 5• Each lot, while zoned for three unit bui.ldin s have sufficient lot area for three units lapping a building on the two t s does not the called for one ho lots r but by over_ t thousand (1000)'s square unit will have 6• DISCUSSION quare feet each, 1l, 1956 and thehfollowincat'on was considered on October. g action taken: "Due to the density of this particular area the Commission. suggestedefourustified in permitting five units and to discuss The applicant stated it would be necessary back at this further with his associates and would the next regular meeting of the Planning Commission". The applicant was not present at the meet- 15., 1956 or at this meeting. In a letter dated 26r 1956 he was advised b g of November cation would.be considered oneDCo mission thathis a127ber sentation was re PP1i -, quested. 956 and repre- FINDINGS The Committee recommended the DENIAL of this Use Permit since the applicant flailed to appear. Commissioner Copelin moved the DENIAL of this Use Permit , Commission recommend the Commission by Comm. Smith and carried by the following roll call vote, to wit- ALL AYES 1• BUELL, Douglas H. 2� Lot 4 Block I #269 3436 E. Coast Highway CPM 3• Posted November 5, 1956. Tract CDM Zone C -1 4. Sale of beer at 31+36 E. Coast Hi hwa . g Y, Corona del Afar. 5. DISCUSSION : Section 9105.1 (b) of Ordinance No. 635 requires a Use Permit if liquor is served within 200' of a residential district. Page - 9 - • USE PERMITS ## 269 (con'd from page 8) Attorney A.K..Phelps, reprsenting the applicant, spoke from the floor. He stated that there is no evidence exist- ing to show that this business would be detrimental to the area. Attorney Thomas Heffernan, representing the residents protesting the application, also spoke from the floor. He set forth that there had been a petition bearing 96 names submitted against the application and that it was the function of the Commission to be responsible to the citzens. 6. FINDINGS Commissioner Copelin stated there had been recived one letter favoring the Use Permit and that a petition bearing 96 names in protest was of record. . Commissioner Lind stated that there was not of record sufficient facts to show that the granting of this Use Permit would be adverse to the health, welfare or safety of persons residing in the Community. 7. Commissioner Lind moved the Commission recommend the APPROVAL of this Use Permit, seconded by Comm. Keene and carried by the following roll call vote, to wit; AYES Lind, Briggs, Smith & Keene NOES Rudd, Longmoor & Copelin COMr,ISSIONERS ABSENT Hayton & Reed #f279 1. PETTENGILL, George A: 1520 Tustin Ave. Newport 2. Portion of Lot 47 Newport Heights Tract "Unclassified" 3. Posted November 13, 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 re- quested that the time limit under Section 9106.41 be waived. i • Page - 10 USE PERMITS # 279 (con'd from page 8) 5. DISCUSSION This application was carried over from the meeting of November 15, 1956 in order than an opinion could be secured from our Planning Consultants, Hahn, Wise and Associates. A letter dated December 4, 1956 from Hahn, Wise and_Associates was received with the following recommendation: "Even though there are a few multiple dwellings in the vicinity, this land should not be de- veloped to a high density. The character of the area is single family, and in several cases, duplex. We see no objection to permitting one unit for each 2500 or 3000 square feet of area, but we would not recommend a high density of one unit per one thousand square feet." 6. FINDINGS: The Committee recommended to the Commission • that they favor the suggestion of the Planning Consultants and also take into consideration a letter received from the Costa Mesa Planning Commission which sets forth in part - "We are of the opinion that this parcel should be developed along the lines of our R4 classifi- cation, which is probably your R -2 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 plan." Approval of the application was recommended subject to the following conditions: 1. To permit five units on each of two lots as established by Resubdivision application No. 41. 2. That the time limit under Section 9106.41 be extended from six months to two years. 7. Commissioner Copelin moved the Commission recommend the .APPROVAL of this Use Permit subject to the above conditions, seconded by Comm. Rudd and carried by the following roll call vote, to wit: ALL AYES. • lJ • 7. Commissioner Rudd moved the Commission recommend the APPROVAL of this Use Permit subject to the above condition, seconded by Comm. Copelin and carried by the following roll call vote, to wit: ALL AYES #281 1. PION, Stanley R. 2611 Newport Blvd, Newport Beach 2. Lot 3 Block 227 Section A NB Zone C -1 3. Posted December 10, 1956. 4. Establishment of a self- service .laundromat including a dry cleaning and finished laundry agency. 5. DISCUSSION Speaking in protest of this Use Permit were Mrs. Carl Moore, George Duncan, Duncan Hardesty, Jim Howard and Fred Murray, Objections were based on the parking situation, water shortage and "too many laundromats in this area ". 6. FINDINGS The Committee recommended approval on the basis that the Commission could not consider the competitive angle and that there were sufficient meter parking spaces in this area to handle the parking problem. �ge - USE PERMITS # 280 1. 14ATSON? Fred R, 210 Agate Ave. Balboa Island- 2. Lot 30 Block 10 Section 1 BI Zone R -2 3• Posted December 10, 1956. 4. To permit construction of new addition to non_ conforming garage. 5. DISCUSSION Note findings, 6, FINDINGS A Use Permit is required for any alteration of this structure because the existing garage is within 14" of side property line. No protests were received and the Committee recommended approval subject to the condition that the portion of the building now being. used as living quarters be converted to a garage. 7. Commissioner Rudd moved the Commission recommend the APPROVAL of this Use Permit subject to the above condition, seconded by Comm. Copelin and carried by the following roll call vote, to wit: ALL AYES #281 1. PION, Stanley R. 2611 Newport Blvd, Newport Beach 2. Lot 3 Block 227 Section A NB Zone C -1 3. Posted December 10, 1956. 4. Establishment of a self- service .laundromat including a dry cleaning and finished laundry agency. 5. DISCUSSION Speaking in protest of this Use Permit were Mrs. Carl Moore, George Duncan, Duncan Hardesty, Jim Howard and Fred Murray, Objections were based on the parking situation, water shortage and "too many laundromats in this area ". 6. FINDINGS The Committee recommended approval on the basis that the Commission could not consider the competitive angle and that there were sufficient meter parking spaces in this area to handle the parking problem. • • r1 LA 0 • Page - 12 - USE PERMITS #281 (con'd from page 11) 7• Commissioner Keene moved the Commission recommend the APPROVAL of this Use Permit subject to the condition that it be issued for a period of five years only, seconded by, Comm. Smith and carried by the following roll call vote, to wits AYES : Lind, Rudd, Smith, Longmoor, Copelin, & Keene NOES : Briggs C0144ISSIONERS ABSENT : Hayton & Reed #282 1. MAYNARD, Glyde 609 Larkspur Corona del Mar 2. Lot 9 Block 637 Tract CDM Zone R -2 3. Posted December 10, 1956. 4. Conversion of existing living room to garage facing alley and the addition of a living room to front of existing building. 5. DISCUSSION .Note findings, 6, FINDINGS This dwelling is now non - conforming as it is beyond the 35' maximum front yard set- back and because there is no garage space as required under Section 9105.5 (a). The Committee reported this alteration would be a great improvement to the neighborhood and recommended approval. 7. Commissioner Lind moved the Commission recommend the APPROVAL of this Use Permit, seconded by Comm. Rudd and carried by the following roll call vote, to wit: ALL AYES Page - 13- • USE PERMITS #283 1. THE IRVINE CO & KENOYER, Harold Bayside Drive 2. Portion of Block 94 Irvine's Subdivision.- "Unclassified" 3. Posted December 10, 1956. 4. Construction and operation of fifty one (51) apartment units. 5. DISCUSSION Note findings. 6. FINDINGS : This area being in an Unclassified District a Use.Permit is required under Section 9103.81 of Ordinance No. 635. No protests were entered and the Committee recommended approval subject to the condition that side yard setbacks be observed under the Zoning Ordinance. 7. Commissioner Lind moved the Commission recommend the APPROVAL • of this Use Permit subject to the above condition, seconded by Comm. Copelin and carried by the following roll call vote, to wit: ALL AYES. #284 1. JOHNSON BROTHERS 845 West 16th Street Newport Beach 2. Lot 812J Newport Mesa Tract Zone "Unclassified" 3. Posted December 10, 1956. 4. An addition to existing building for the purpose of man- ufacturing and fabrication. 5. DISCUSSION Note findings. 6. FINDINGS This lot is in an "unclassified" district and under Section 9103.81 of Ordinance No. 635 a Use Permit is required. The Committee reported that this area known as the "16th Street Annexation" is to be zoned M -1 -A and approval of this application was recommended subject to the condition that the applicant co-iply with Sections 9103.5, 9103.6, and 9103.57 of the M -1 -A Ordinance. • 7. Commissioner Longmoor moved the Commission recommend the APPROVAL of this Use Permit subject to the above conditions, seconded by Comm. Copelin and carried by the following roll call vote, to wit: ALL AYES. Page - 14 USE PERMITS #285 1. PASADENA LAND CO. Irvine Ave. Newport Beach 2. Lot 4 Tract 3082 Zone R -1 -B 3. Posted December 11, 1956. 4. Establishment of a temporary subdivision sign. 5. DISCUSSION Note findings 6. FINDINGS Temporary signs for the advertising of a subdivision may be permitted, subject to securing a Use Permit. The investigating Committee recommended approval subject to the condition that the application be for a term of two (2) years only 7• Commissioner Lind moved the Commission recommend the APPROVAL of this Use Perriiit subject to the condition as stipulated • above, seconded by Comm, Copelin and carried by the following roll call vote, to wit; ALL AYES. #286 1._, HOGAN, D.A. 111 31st Street Newport Beach 2. Lots 25 & 26 Block 31 Newport Beach Tract Zone R -2 3. Posted December 11, 1956. 4. Alteration of non - conforming dwelling< 5. DISCUSSION The applicant spoke from the floor stating he desired to enclose an existing porch vrith glass windows. The porch is within 8' of front property line however a 9' front set- back is required. 6. FINDINGS The Committee reported that upon investigation of this property they found many other houses in the neighborhood with similar problems and it was felt that a precedent should not be established by granting this application. 7. Commissioner Rudd moved the Commission recommend the DENIAL of this Use Permit, seconded by Comm. Copelin and carried by the following roll call vote, to wit. ALL AYES. Page -15- • USE PERMITS # 287 1. MACCO CORPORATION Irvine Terrace Corona del Mar 2. Tract 1700 & 1701 Zone R -1 3. Posted December 119 1956. 4. Alteration of advertising signs along Coast Highway. 5. DISCUSSION Existing signs have been installed for approximately two years. Ownership of signs is being transferred from Earl W. Stanley to Macco Corporation, There is no record of a Use Permit for existing signs as required under Section 9105.1 (i). 6. FINDINGS The Committee recommended approval subject to the condition that the application be granted for a term of six (6) months only. 7. Commissioner Rudd moved the Commission recommend the APPROVAL of this Use Permit subject to the above condition, seconded • by Comm. Copelin and carried by the following roll call voter to wit: ALL AYES. #288 1. NE[,dTON, Leonard L. 3344 E. Coast Highway CDM 2. Lot 5 Block S Tract 213 Zone C -1 3. Posted December 113 1956. 4. The operation of a restaurant and cocktail lounge:: wherein food and alcoholic beverages are sold. 5_ DISCUSSION This business has been in operation since 1953 however an investigation of the records disclose that a Use Permit had never been applied for as required Under Section 9105.1 (a) of Ordinance No, 635. The owner now wishes to correct the record and conform to the City Ordinance. 6. FINDINGS A recommendation of the approval of this application was made by the Committee on the basis that this business had been in operation since 1953 and no evidence is of . record to show that it has been detrimental to the health, welfare or safety of persons residing in the area. Page -. 16 - • USE PERMITS #288 (con'd from page 15) 7. Commissioner Lind 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. AMENDMENTS #29 1.. Second hearing on Resolution of Intention No. 606 to amend Paragraph F, Chapter 5 of Ordinance No. 635 to include "Municipally Operated Parking Lot ". 2. Published November 8, 1956. 3. Commissioner Copelin moved the Commission recommend to the City Council that Paragraph F, Chapter 5 of Ordinance No. 635 be amended to include "Municipally Operated Parking Lot.", seconded by Comm. Smith and carried by the • following roll call vote, to wit- ALL AYES. #30 L. LANDMARK DEVELOPMENT CO, Inc On Tustin Ave. near Mesa Drive ?. A parcel of land lying in Lot 1519 Block 5 and Lot 153, Block 5 of Irvine's Subdivision. Zone "Unclassified ". ;. Posted November 5, 1956. Second hearing. Published November 19 1956 The Petitioner desires to amend Section 9103.8 of Ordinance No. 635 so as to cause certain property to fall within an R -1 -B Zone. Commissioner Copelin moved the Commission recommend to the City Council that this property, known as Tract 3068, be zoned as an R -1 -B District, seconded by Comm. Rudd and carried by the following roll call vote, to wit: ALL AYES. RESOLUTION. OF INTENTION r 60'7 Commissioner Copelin moved the Commission adopt a Resolution of Intention to zone the 1116th Street Annexation" from an Unclassified District to an M -1 -A District, seconded by Comm. Rudd and carried by the following roll call vote, to wit: ALL AYES 0 • n LJ . • Oge -17- FINAL MAPS 1. Final Map of Tract No. 3162 submitted by Mr. Irving C. Jordan, Subdivider. 2. A. portion of Lot D Banning Tract. (Between Coast Hwy. and River Ave. , 47th and 58th Streets) zone C -1 -H 3. DISCUSSION Read to the Commission was a letter dated December 20, 1956 from the Parks, Beaches & Recreation Commission wherein they requested that in lieu of land for park development a fee of not less that $30.00 be assessed for each lot. Also presented to the Commission was a letter dated December 209 1956 from the Parks, Beaches & Recreation Commission to which was attached a suggested plan for the planting of trees in accordance with the Subdivision Ordinance. 4. Commissioner Copelin moved the Commission recommend to the City Council the APPROVAL of the Final Map of Tract No. 3162 subject to the following conditions, seconded by Comm. Rudd and carried by the following roll call vote, to wit: ALL AYES. 1. Approval of proposal by subdivider - to provide community center within the Tract located as shown on map at intersection of Balboa Blvd. and River Ave. to consist of a swimming pool and sanitary appurtenances for use of residents of Tract. 2. Waive requirements of Section 9254.31 of Ordinance No. 650 as to lot size to extent that lot sizes in this Tract to be generally 4000 square feet per letter of Subdivider dated November 15, 1956• The basis for this recommendation is that lot size of 4000 square feet is comparable to lot sizes in that area. 3. 1fiaive requirement of Code of sidewalk adjoining River Ave. for reason that Subdivider is to provide walkway along center interior axis of Tract as shown on map. 4. Subdivider to provide tree planting within Tract in accordance with recommendations • 0 Page - 18 - FINAL MAP #3162 (con'd from page 1%) of Parks, Beaches and Recreation Commission per its letter of Decem- ber 20, 1956 or any changes mutually agreed.upon. 5. Subdivider to pay City of Newport Beach fee of $15.00 per lot in lieu of require- ment for parks under Section 9252.327 Ordinance No. 650. Presented to the Commission was a letter dated December. 20, 1956 from Commissioner O.B. Reed stating that he would like to be excused from the meetings of November 15th and December 20th, 1956 due to illness. On motion of Commissioner Copelin, seconded by Comm. Rudd and carried Commissioner Reed's request was approved. Mr. Leonard Knittel addressed the Commission sub- mitting to them a progress report on the Master Plan which is hereby incorporated by reference and hereby made a part hereof as though set forth in full. . . . . . . . . . . . . . . . . . . . . . , . Business at hand being declared completed the meeting was adjourned on motion of Commissioner Smith, seconded by Comm. Rudd and carried. Ray Y C lin, Secretary