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HomeMy WebLinkAbout02/21/1940, 0 rz FEBRUARY 21, 1940 THE NEWPORT BEACH CITY PLANNING COMMISSION met in regular session Wednesday, February 21, 1940 at 7:30 P.M. in the Council Chambers, City Hall. In the absence of Chairman Hopkins, it was necessary to appoint a temporary chairman. Com. Patterson moved that Com. Estus act as temporary chairman. Seconded by Com. Williams. Motion carried and so ordered. ROLL CALL: Commissioners present: Seeger, Williams, Briggs, Findlay, Estus, Patterson, Whitson. Commissioners absent: Hopkins, Rodgkinson. Building Inspector Nelson attended., MINUTES: Com. Briggs moved that the minutes of the regular meeting held January 17, 1940 be approved as written. Seconded by Com. Findlay. Motion carried and so ordered by the Chairman. HEARINGS: SECOND HEARING - ON AMENDMENT TO ORDINANCE 440 PROHIBITING BILLBOARDS • Secretary read the legal advertisement published in the local newspaper as notice of hearing. He stated that no communications had been received in connection with this hearing. Chairman declared the hearing 'open for discussion. Chairman Estue stated that any sign paying the city license would not be affected. Com. Seeger stated that the amendment defines billboard and makes structures answering the description so' defined prohibited. This amendment was written at the request of certain citizens of Corona del Mar to relieve a condition' which exists there. It will make billboards now existing non- conforming, but. as long as they are maintained they will exist as non - conforming elements. It was his opinion that a prohibitiie license fee might be more effective, since very few of the boards now standing are paying the license as required and if they did not pay, the boards could be removed for cause. Com. Nelson stated that 6 of the billboards now exist- ing have paid their fee, 3 have paid since the hearing on this amendment. Com. Williams thought it was a very good amendment and was in favor of it. When the Highway is putt through it will eliminate a number of these boards and then they will not be able to rebuild them. Mrs. Richardson and Mrs. Norman from Gbmna del Mar spoke briefly in favor of the amendment. Mr. McCavern, representing Foster and %leiser spoke • in opposition to this amendment stating that the City Attorney has no precident for the amendment now before the commission. The effect of this amendment is to pro- hibit billboards in business zones and the effect is to restrict business which, in his opinion, is unlawful. He said that his company would not hold out against a reasonable solution of the problem, but opposed this in- valid amendment. Com. Patterson stated that this amendment has been prepared by the City Attorney and is before the commission for approval or disapproval. It is an attempt to correct an objectionable situation in the city and the commission is considering iton this basis. No further discussion. Com. Findlay moved the adoption of Resolution No. 164 recommending to the City Council that the amendment to Ordinance 440 prohibiting billboards in R -1, R -2, R -j, C -1 and C-2 zones be adopted. Seconded by Com._ Williams.' Roll Call: Ayes: Seeger, Briggs, Williams, Findlay, Estus, Patterson, Whitson. • Noes: None. Motion carried and so ordered by the Chairman. FIRST HEARING - ON AMENDMENT TO ORDINANCE 440 ESTABLISHING A 25 FT. SETBACK ON WATER- FRONT LOTS IN EL BAYO TRACT - Secretary read the advertisement printed in the local paper as notice of the hearing on this matter. He stated that no communications had been received protesting this = amendment. He read a letter received from Mr. Young of the Pacific Electric Company, owners of El Bayo Tract inquiring what action had been taken on establishing the setbacks on water front in this tract. Chairman declared the hearing open for discussion. Com. Seeger explained for the benefit of the audience that the owners of this tract have a deed restriction covering the setbacks which will eapire.in July of this year,1 it is their desire that these setbacks be madepsrt of t1B zoning ordinance. Two residents of E1 Bayo Tract expressed their ap- proval of this amendment. Com. Whitson moved that the amendment to Ordinance 440 establishing a 25 ft. setback on waterfront lots in E1 Bays tract be passed to second hearing. Seconded by Com. Seeger. Motion carried and so ordered by the abairman. • 11 • APPLICATION, OF MARGUERITE MAC CULLOCH FOR REZONING` - Secretary read the application of Marguerite Mac' Culloch for rezoning of Lot 15, Blk 26, Balboa Eastside Addition from R -1 to R -2 referred to the Planning Com - mission by the City Council for recommendation. Com. Whitson moved that the Planning Commission proceed to hold hearings upon this matter. Seconded by Com. Seeger. Motion carried and so ordered by the Chairman. APPLICATION OF FRANK RIDDLE FOR REZONING - Secretary read the application of Frank C. Riddle for rezoning of his property described as Lots 11 and 12 Blk 6, Seashore Colony which was referred to the Planning Commission by the City Council for recommendation. Com. Will1ams moved that this matter be sent to hear - ing. Seconded by Com. Findlay. Motion carried and so ordered by the Chairman. REQUEST OF CITY COUNCIL FOR RE- ZONING OF PROPERTY AT 19TH STREET - Secretary read a communication from the City.Council requesting the re- coning of City owned property located at 19th St. to permit construction of a public comfort station. This application was accompanied by a letter from Mr. M. J. Johnson calling attention to the undesirable condition existing in this location due to the lack of toilet facilities and requesting the Council to take action to remedy the situation by installing a comfort station on their property located at 19th St. Com. Whitson stated that this letter was referred to the Planning Commission because the Commission had pre- viously disapproved the re- soning of this property, from R -j to C -1 to install a comfort station. Com. Seeger called attention to the fact that the Commission had disapproved the re- zoning to 0 -1 because they had felt that there was too much property in the City already zoned for business and that the plans previously submitted had included a ticket office and tackle store in connection with the comfort station. He sae no reason'- why the City could not erect a comfort station on this property without rezoning it. Mr. Maxwell, a resident of E1 Bayo Tract, expressed tie opinion that the Commission should seriously consider setting a precident of establishing rest rooms in a res- idential district. He felt that a- certain, piece of this land should be spot -zoned to allow construction of a comfort station. After further discussion, it was the opinion of the commission that re- zoning was unnecessary. Com. Findlay moved that this letter be referred back to the City Council accompanied by a communication from the Planning Commission stating that this Board finds that re- zoning 1s not necessary. Seconded by Com. Williams. Motion carried and so ordered by the Chairman. PLAN FOR POOL IN WEST NEWPORT - Mrs. Potter presented a tentative plan for the re- clamation and filling in of the pool in West Newport transforming it into a park. She stated that in her opinion this pool is not only a menace to the public health but that it is unfair to the city to have such an unsightly condition existing on the main entrance to the city. Com. Patterson felt that the majority of residents in that section are in favor of filling in the pool. Com. Findlay stated that this plan had been tried several years ago and the owners of property surrounding this pool had objected on the ground that they owned waterfront property and did not want it filled in. Com. Seeger moved that the Chairman confer with the City Engineer to determine the best tentative plan for the pool in West Newport and when that plan is selected that public hearings be held on that plan. Seconded by Com. • Findlay. Motion carried and so ordered by the Chairman. CORRESPONDENCE: Secretary read a letter from the Stanislaus County Planning Commission requesting information concerning the activities of our commission. Secretary also read. the letter from Mr. Young, re: El Bayo Tract. Com. Williams moved that the Secretary be instructed to answer these communications. Seconded by Cold. Findlay. Motion carried and so ordered by the Chairman. ABANDONMENT OF STREET ENDS ON LIDO ISLE - City Engineer Patterson presented a map of Lido Isle upon which there was designated in color areas at inter- sections of certain streets as well as street ends which had been considered for abandonment. The matter was dis- cussed and the following motion made: Com. Findlay moved that the Planning Commission re- commend this proceeding to the City Council. Seconded by Com. Whitson. Motion carried and so ordered by the Chairman. FINAL MAP OF TRACT 1045: _City Engineer Patterson presented to the commission e copy of the final map of Tract 1045. Com, Whitson moved that the final map of Tract 1045 be .approved and filed. Seconded by Com. Findlay. Motion carried and so ordered by the Chairman. ADJOURIA MT: On motion of Com. Williams seconded by Com. Whitson. and carried, the meeting adjourned. Respectfully submitted, OWARD W. SEAGER, Secretary. • •