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HomeMy WebLinkAbout02/17/1944The Newport Beach City Planning Commission held its regular monthly meeting on February 17, 1944, at 7:30 P.M., in the Council Chambers, City Hall, Newport Beach, California. Chairman Hopkins presided. ROLL CALL Commissioners present: Hopkins Seeger, Johnson, Boltz Allen, febell, Campbell, Nelson and Patterson. " absent: bone ] 51 Commissioner Allen moved that Minutes of January 20, 19449 MINUTES be approved. Motion seconded by Commissioner Isbell. C!*r- ried and so ordered. COMMUNICATD ES Secretary Seager stated that the application of Josephine B. Webb for a fifty percent front yard setback variamce having to do with lots 1, 2, 3, 14 and 15, Block 894, which the Commission had ordered advertised for public hearing, was withdrawn by the applicant. He advised that to close the matter properly a letter should be written to the City Clerk by the Commission stating that the application had been withdrawn. Com- missioner Johnson moved that the Secretary be instructed to give formal notice to the City Clerk that the application of Josephine B.Webb had been withdrawn. Motion seconded by Commissioner Allen. Carried and so ordered . The Secretary stated that this was the date set for the first public hearing of the application of John A. Harvey and Edith G. Harvey for rezoning of Lots 17 and 18, .Block 1,39otion 4, Balboa Island. He said that he had been contacted by Mr. Harvey's office for the purpose of asking that the hearing be postponed, and that he had advised the Commission would require the application for postponement be in writing giving the reason therefor. There- after he received a letter from Mr. Harvey stating that his wife, Edith G. Harvey, had spffered a broken hip and was confined to the hospital in a serious condition, and that, furthermore, his son, who is in the service, was scheduled to arrive home just about the time set for the hearing, and that he, Mr. Harvey, planned to meet him at the depot. Mr. Harvey also stated that his attorney mho is familiar with the matter was in New York and expected to remaia there for some time. After the above statement by the Secretary, the Chairman asked if there were any other communications with reference to this matter, and suggested that he thought it beat to take up other communications not related to the Harvey matter, and come back to that later. ' The Secretary then stated that in accordance with instructions by the Commission, he had written to the City Attorney asking for an opinion as to the right of property owners to build boats on lots classified as residential, and that he had received a reply from tke City Attorney, . 152 Commissioner Isbell asked if there had been complaints from neighbors in the vicinity of such beat building. Commissioner Patterson said that in any event beat building in residential ' districts was a violation of the Ordinance. A discussion ensued. A question was asked as to whether or not notifica- tion had been given to offending property owners. Commission - er.Patterson.moved that such notifications should be given as soon as possible. Chairman Hopkins said he would like to raise the question as to whether or not such procedure was the pro- per function of the Commission. After further discussion, Commissioner Patterson withdrew his motion substituting the following motion: That the opinion of the City Attorney be transmitted to the Building Inspector for his informa- tion. Commissioner Allen seconded the motion. Carried and so ordered. The Secretary presented bill for $5.00 from the ,American Society of Planning Officials for one year'a membership. dae a. Commissioner Johnson moved that the same be certified to the City Counoil with the recommendation that it be paid. Com- missioner Allen seconded the motion. Carried and so ordered. The Secretary stated that he had received a dommunication from the City Clerk enclosing application of H. F. Mayhew for a setback variance having to do with the construction of a garage. Commissioner Patterson moved that the application of H. F. Mayhew for setback variance be set fer public hear- ing and that the Secretary be instructed to advertise .the same for publio hearing at the neat regular meeting of the Planning Commission, March 16, 1944, at 7:30 P.M. Notion seconded by Commissioner Isbell. Carried and so efdered. Discussion of the request of Mr. Harvey for continuance of the public hearing on his petition was resumed. The Chair- man stated that he thought the proper procedure was to take the matter up formally as the first public hogring. He said the hearing had been advertised and that no doubt there were present interested property owners w::o wished to be heard at this time. Accordingly, he declared the first public hearing of the application of John A. Harvey and Edith G. Harvey for rezoning of Lots 17 and 18, Block 1, Section 4, Balboa Island, open. The secretary read the application of John A. Harvey and Bdith`Q: Harvey for rezahing of Lots 17 and 18, Block 1, Section 4, Balboa Island He said that the matter had been duly advertised for hearing and that he had the affidavit of publicat ion as of February 8, 1944. Before declaring the meeting open to the floor, the Chairman ' asked that the Commissioners be heard if there were any questions they wished answered. There being node, he declared the ms sting open. 153 ' The Secretary stated that he had received a written protest addressed to the Planning Commission, dated February 14, 1944, from George C• Woods written on the letterhead of the Law Of- flees of Von. Herzen & Woods, which he read to the Commission. Commissioner Patterson moved that this written protest be made part of the Minutes. Motion seconded by Commissioner Johnson. Carried and so ordered. The letter reads as follows; "LAW OFFICES VON HPRZPN & WOODS 812 Hollywood First Nat'l Bank Bldg. Hollywood Blvd and Highland Hollywood, Cali forni a. Gladstone 2225' Zone 28 February 14, 1944. City Planning Commission, Newport Beach, California. Gentlemen; It has just been called to our attention. that a petition 1s before the Planning Commission to make additions to the 0 -1 ZoM ' on Balboa. Island by rezoning Lots 11 and 18 in Block 1, Seetlo'a 4. As a proFr rty owner on Balboa Island I am very much against any future zoning of business property. I have had occasion in the past ten years to fight these matters before the Los Angeles Planning Commission which body has basin very strict in the past few years an rezoning. Unfortunately some years age the Planning Commission was not as careful and by reason thereof a large amount of valuable residential property has been ruined by the - encroachment of business. In the present case we eannot,.see that there are any exceptional or extraordinary circumstances which apply to this property that do not apply generally to other property in the same district. If a permit was granted to owners of these two lots, then the owners of lots 1 and 2 in Block 4, and Lots 18 and 14 in Block 4, ani Lots 1 and 2 in Block 13, would have a right to have their pro- perty rezoned also, and than the people across the street from theca parcels would ask that theirs be rezoned, and so it goes like a large snowball gathering momentum, until a beautiful residential district has been ruined. The second question to be considered - is this zoning essential or necessary for the preservation or enjoyment of a substantial pre- ' party right of the applicant which is possessed by other property owners in the same vicinity? The answer to this question must be that the new zoning is not essential or necessary for the reason that the property on the east side of Onyx Avenue is all residen- tial and there is 'no reason to make a change for these particular 154 lots. The property is suitable for high class residential occupation and should be used for that purpose. A granting of this application will cause all the adjoining residential property to be less desirable and will set a pre- cedent for rezoning of additional property. There is no public necessity for the proposed variance at this time as there is ample business property now on the Island which is unimproved with business structures, and there are present business btruo+tures built which are now standing vacant. There is at the present time sufficient property zoned for business to always furnish residents with proper shopping facilit iea. I therefore request that any additions to the C -1 Zone be denied. GEORGE 0. NVOODS (Owner Sll Amethyst St. Balboa Island)" Mr. Hal Will Smith then presented a written protest signed by approximately thiry -one interested property owners. Mr. Smith said that the petition requesting a rezoning of these two lots stated that the owner of said lots had purchased them years ' ago when the property was not restricted. Mr. Smith said that the owner evidently had overlooked the fact that one of the lots was purchased within just a year or two. He said that it.was obvious that rezoning of these lots would work a hardship upon other property owners in the vicinity and that, furthermore, such rezoning was not necessary as there was more than enough property zoned for business on Balba Island already. Mr. J. J. Rimel then took the floor. He stated that he was a law partner of Mr. Harvey's and had written the letter requesting continuance of the hearing. He said it was impossible for either Mr. Harvey or his wife to be present, and that he thought the re- quest for continuance should be granted. He said he was nbt familiar with the facts, but that while it is true the applicants had legal notice of the time of hearing, nevertheless, he thought they had a right to be present at the hearing. He said that some- times circumstances are such that make it impossible for people to be present, and that the Planning Commission had the power to grant a continuance under these conditions - that even in a court of law if a litigant breaks a leg, or it is otherwise impossible for him to be in court, an application for continuance is granted if there is no evidence that the statements contained in the application for continuance are untrue or incorrect. He said that through no fault of Mr. Harvey's it was not possible for him to be on hand ' at this hearing, and that, therefore, a continuance should be granted. He said that he had telephoned the Secretary of the 1.55 ' Plannint Commissien.two or. thrso days ago asking for a contin- aanoe, but that the Secretary had advised him that.he could not speak for the Commission. Later, he said, the Secretary telephoned him advising that the Commission would require a written request for continuance., and that, accordingly, he had filed such writ- ten request at the first opportunity. The Chairman said that he t hoaght the r eq oe st was proper and that, perhaps, the Commission would consider adjourning the First Public Hearing. Mr. Rimel asked if it were permissible for him to obtain a copy of the documents which were to be made public in this matter so that Mr. Harvey would have the opportunity to answer them. He said that if Mr. Harvey were present he would be taking notes to be used in his argument. The Secretary said that nothing became a public record antil the conclusion of the First Public Hearing. Commissioner Allen suggested that under the circumstances the protest presented by Mr. Smith be returned to him. Commissioner Johnson moved that the First Public Hearing on the application of John A. Harvey and Edith G. Harvey for rezoning of Lots 17 and 18, Block 1, Section 4, Balboa Islanl, be cen- tinaed on request of the petitioners antil the next regalar monthly meeting of the Planning Commission, Burch 16, 1944, at 7:30 P.M. Motion seconded by Secretary Seager. Carried and so ordered. The Chairman thereupon declared the First Public Hearing eont.in- aed until the next regular monthly meeting of the Planning Com- mission, Maro* 16, 1944, at 7:30 P.M. Mr. Smith withdrew his. petition to be presented again at the adjourned meeting. MORT Cr COMMIT POST WAR PLANNING COMMITTEE Commissioner Allen. Chairman of the Post -Ear Planning Committee, read his report and presented it to the Commission to bs attpbh- ed to the Minates. Commissioner Patterson offered to have mimeo- graphed copies made for the members of the Commission. The Chairman said that now that the matter was before the Com- mission, he thought _hthey should not only discuss the Report, but also any other matter having to do with 2ost -i7ar planning. Commissioner Allen said that.the Santa Ana group is doing much ' the same as this Commission is doing. He said they were not making any suggestions - merely, giving different groups their ideas and asking for their eaggestions. He said he thought the Chamber of Commerce had a post -ware planning committee in their group. He said that everyone seemed to be waiting - that no group is coming out with anything definite, and that there 156 seemed to be the general feeling that a great deal hinges on the forthcoming Presidential election. Commissioner Isbell said that the Report mentions two or three things that the Commission could be working on - one, that the City Council authorize the City Engineer to get extra help in his office for the purpose of drawing up plans for the work we plan an doing after the war is over - such- as a new City Hall. He said that we know that we are going to have a now City Hall, and that he,,.personally, had an idea that we were going to have to spend oar own money on it. He said we might get Federal aid, but there wgs so much money being spent now, he didn't see where the money was coming from after the war. The Chairman said that he had read newspaper accounts regarding the proposed new Vity Hall, and that he had contacted the Mayor to see what progress` is`biing made, and tha o Mayor had suggested that the Commission invite Council7rk to be present at its newt meeting as he was particularly interested in this project. The Chairman then introduced Councilman Kirk as being present on his invit *lion. Mr. Kirk said that he thought the time is here when we should have a concrete and definite program to work an instead of just thinking and talking post -war planning. He referred particularly to plans to improve the approach to Newport Beach the widening of Coast Boulevard, and the erection of a how City Hall. He said ' it was the Planning Commission's function to select a site for the new City Hall, and that the City Council had authorized the City Engineer to employ extra help to start the engineering wheels moving. Commissioner Patterson said that in making its selection, the Commission would have to takeeinto consideration several busi- ness sit es, analyze them and then make a recommendation to the City Council. Secretary Seager said he concurred in the suggestions of Codncil- man Kir$, Commissioners Patterson and Isbell. He explained that the statutes make it mandatory that the Planning Commission shall first formulate a Master Plan for the City, which, of course, didn't imply that such plans should be drafted within two or three weeks time. He said that there was no limit placed upon a Master Plan - that it could be one single project and still be a Master Plan, or twenty projects. There is no specified time in which the Master Plan must be completed; that it may be modified . at any time to conform to changing conditions, etc. He said that before a civic center site could be recommended at least two public hearingsuguat be held to give all interested citizens an opportunity to be heard as to where Each site should be located. He said the legal way to proceed is to advertise public hearings upon the matter of the selection of a civic dater site. After ' two or more public hearings, the Commission than recommends to the City Council a certain area to be designated as the civic center of Newport Beach, and that it be msde a part of a Master Plan. He said that `dould: e:the first stop in the formation of a Master Plan. He said the first stop in the Master Plan would not necessarily have to be a civic center or a city hall, but could be the widening of Coast Boulevard. He said that should the City Council deolgre the widening of Coast Boulevard to be for the public good, the statutes make it mandatory that the Coan- oil refer it to the Planning Commission for public hearings and that as a result of such public hearings, the Commission makes its recommendations to the City Council, giving the reasons therefor. Commissioner Isbell moved that a committee be appointed to work with Commissioner .Patterson to pick certain sites, prepare drawings and speoifications in connection with the civic s»nter and present the same to the Planning Commission. Motion ascended by Secretary Seager. Carried and so ordered. The Chairman expressed his gratification over the progress being made by the Commission. He said that he was pleased that the City Council turned the matter of selecting a site for the Civic Center ever to the Planning Commission - as it was more or less of a friendly shove to got the Commission working on the program. He said that this was the first stop toward the formation of a Master Plan. He complimented Commissioner Allen upon his Report, 'and said that he felt that definite progress was being mad*. Commissioner Campbell moved that the Chair appoint a committee to work with Commission -r Patterson. Motion seconded by Com- missioner Isbell. Carried and so ordered. Commissioner Patterson said that the widening of Coast Boulevard could be treated as item #2, and that he thought that it and the City Hall project could be worked on by the same committee. Secretary Seager moved that the Report Committee be adopted as the tentative Commission, and that the Committee be changes in its plan as it may see fit. Commissioner Patterson. Carried and s of the Post filar Planning plan of procedure of.the continued to make such Motion seconded by 0 ordered. ADJOURM WT Commissioner Isbell moved that the meeting be adjourned. Motion seconded by Commissioner Campbell. Carried and Be ordered. Respeo fully submitt d UW 6vl.o� UU f fib HOWARD W. STAGER Secretary 1 1 r5 7 1 Planning Co_mission 'City of Newport Beach California Gentlemen: ",FebruAry 17, 1944 A short outline for the Post guar Planning of the City of Newport Beach is submitted herewith for your consideration. This plan is submitted in brief outline form so that it may be improved, added to or deleted at the wish of the Commissioners. A TKTATIV�! PLAIt FOR THE STUDY OF THE cOST4iAR ILEDS OF THE CITY OF NEWPORT BEACH AS PROPOSED DY THE POST -WAR C01.:D4ITTEE. The first consideration being a complete study of the community on the following basis to find the real needs of same. 1 Study of the community itself. 2 The people making up the community. 3 The economic set -up of the city at present. 4 The present. city layout as regards business, home an d recreational areas, with view of improvement. 5 General housing- clearance and improvement. o Transportation- present and future. 7 Civic trends, business, industrial or recreational* 3 Special problem areas, industrial infiltration. 9 A careful consideration of the financial potential of the city. 10 Sensible plans based upon funds available for such uses. ACTUAL PROJECTS TO 3E TAKEN UTMER CON- SIDERATION SHOULD BE TA :EP FROIr. SLGGESTIONS OF CIVIC ORGAIIZATIONS, CLUES AfD ASSOCIATIONS INTERESTED IN T= POST WAR PROBIZ,;S OF THE CITY, Health a Utilities. Water, -.as, electric. b Sewer. 1,ains, disposal. i February 17, 1944 Page Two 2 Transportation. a Freeways, highways. b Railways, water. 3 Public Buildings. a New. b Improvement. 4 Housing. a Definito rules as to zone. b Building sightly structures. Planning Commission City of Newport Beach 5 Public land uses. a Beaches, piers, city approaches. ;a Park and recreational areas. 6 Land uses outside actual city. a Industrial and residential. j All plans taken under consid.r..tion should be of a type capable of change necessitated by changing financial conditions. The above tentative suggestions are herewith returned to the Planning Conrrission for their further wishes and advisor-ient. Respectfully submitted, C01-1 -ITTEE ON :POST WAR PLA .-ING John Allen, Chairman Oliver Campbell Lowis Baltz I)l