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HomeMy WebLinkAbout03/18/194832 The Newport Beach City Planning Commission held a regular meeting Thursday, March 18, 1948, in the Council Chamber, City Hall, with Commissioner Copelin as chaimass pro- tempore, in the absence of Chairman Longmoor, due to illness. ROLL CALL Commissioners presents Baltz, Copelin, Daniell, Ellerbroek, John son, Pleger, Rudd and Wightman. Commissioners absent: Longmoor. MPdUTES Commissioner Johnson made the motion, seconded by Commissioner Rudd for the approval of the minutes of the meeting of February 19, 19480 as read. Motion carried and so ordered. SPECIAL 3USINESS The usual procedure of the meeting was changed, .due to the presence (Mr. G. Prussing) of ''r. George F. Pruseing, Technical Secretary, of the Western Oil and Gas Association, to discuss the matter of greater gasoline stor- age, as tabled from the February 19, 1948, meeting. Mr. Prussing stated that his business is fire protection engineer, for the Western Oil and :Gas Association, which consists of one hundred sixty oil oomr panies, and, his present interest is assisting-in changing the pres- ent regulations for storage in Newport, stating that, 'there is no hazard in gasoline storage itself, the hazard is on the road; the hazard has nothing to do with the size of the storage tank, gas is much safer undergroung than on the road,' a: -.d emphasized, 'no under- ground tank has ever exploded in use, and the total storage is more important that the size of the tanks'. Also stating that the under- writers agree to greater storage. Commissione r Wightman made the motion, seconded by Commissioner Ellerbroak that the matter be tab-' led for further study. Motion carried and so ordered. P:BLIC HEARINGS Final hearing upon the petition of property owners of Lots 1 to 16, inclusive, Block J, Tract 518, Balboa, for rezoning from R -Ij to R -1 of said lots, was declared and heard. Commissioner Johnson reported for the committee on this, that he and Commissioner Ellerbroek and Commissioner Daniell, checked these lots, and while they might per- sonally recommend R-1 zoning, that only the owners of Lots 1, 2, 4, lU, 11, 12, 130 15, 16, had signed the petition favoring .same, while the owners of Lots 6, 7, 8, and 9, had protested, which would neoessi- tate the Commission recommending the denial of the petition for re- zoning. Mr. RoJert Killefer spoke in favor of danying, and Mr. Thomas Websber and Mrs. Jones-argued for approval. Also favoring the re- quested rezoning was a petition signed by property owners of the area under the heading of the Balboa Point Association. Commissioner Rudd made the motion, seconded by Commissioner Pleger to close the hearing, which carried, and Commissioner Rudd made the motion, seconded by Com- missioner Pleger that the petition for rezoning of Lots 1 to 16, in- clusive, Block J, Tract 518, Balboa, from R -3 to R -1, be denied. Thies ROLL CALL VOTE motion 'carried by the following roll call votes AYES' Commissioners Baltz, Copelin, Daniell, Ellerbroek, Johnson, Pleger, Rudd, and Wightman. NOES: None. ABSENTS Commissioner Longmoor. Hearing upon the application of Mr. Thomas F. Roche, and Mrs. A. L. IgoDowell for a 50% north yard setback variance for Lots 11 and 12, Block 137, River Tract, was declared and heard, same having been duly filed and advertised. Commissioner Johnson reported for the committee on this, and some discussion was held over the lot areas being 3,000 square feet each, with the reading of Ordinaries No. 52,5 used for in- terpretation. Commissioner Pleger stated he has come in contact with a number of similar situations, and felt that the Commission should establish a ruling or precedent, to which Secretary Ellerbroek agreed, I 33 and stated that the granting of setbacks in such instances where lots have been 'turned around', would be establishing a precedent. Commissioner 'Daniell made the motion, seconded by Commissioner Pleger that the hearing. .be closed, which carried, and Commissioner Pleger made the motion, second- ed by Commissioner Daniell that this application be approved for the grant- ing of a 50% setback variance for the northwesterly side of Lots 11 and 12, 3Bloek 137, River Tract. This motion carried by the following roll call ROLL CALL VOTE votes AYES. Commissioners Baltz, Copelin, Daniell, Ellerbroek, Johnson, Pleger, Rudd and Wightman. NOES: None. ABSENT: Commissioner Longmoor. Hearing upon the application of Mr. William H. Wiekett, for a 50% north side setback variance for Lot 31; Tract 742, Venetian Place, Balboa Island, otherwise known as 309 East Bay Front, Balboa Island, was declared and heard, same having been duly filed and advertised. Commissioner Pleger reported as having checked the property which he found to be non- eomform- ing as to'-the north setback, so should not consider, making it worse.. Com- missioner Wightman made the motion, for closing the hearing, seconded by Commissioner Johnson, which parried, and Commissioner Johnson then made the motion that this application be denied, which was seconded by Commiss- ioner Rudd, and carried by the following roll call vote: AYES: Baltz, ROLL CALL VOTE Copelin, Daniell, Johnson, Rudd and Wightman. NOES: :None. ABSENT :. Commissioner Longmoor. First hearing upon the petition of property owners of Lots 9, to 13, in- clusive, Block C, East Newport Tract, for rezoning from R -2 to R -3, was declared, same having been duly filed and advertised. The petition was signed by all property owners of the lots invloved, and no protests were received or heard. Commissioner Pleger made the motion, seconded by Commissioner Baltz that the matter be set to second hearing. Motion car- ried and so ordered. First hearing upon the petition of property owners of Lots 11 to 19, in- elueive, Tract 444, facing on Old County Road, for rezoning from R -1 to R -3, was declared and heard, same having been duly filed and advertised. Commissioner Jchnson reported having checked the properties, stating that same abuts on property owned by Mr. R. Hubbell, on which courts are built, and which is zoned R -3: Commissioner Pleger stated that he had contacted Mr. Tom Henderson, of the adjoining tract, who requested that his protest be entered against any change of zone across from an R -1 zone. Commiss- ioner Pleger made the motion, seconded by Commissioner Daniell that the matter be set to second hearing. Motion carried and so ordered. First hearing was declared upon the matter of the application of The Irvine Company for rezoning to C-1 of Irvine property, described as follows, "A portion of Lot 171, Block 54, of Irvines Subdivision of Ranchos San Joa- quin and Lomas de Santiago and glint and Bixby'e allotment of Rancho San- tiago de Santa Ana as shown on map recorddd in Book 1, page 88.of Miscell- aneous Maps, records of Orange County, California, lying northerly of the State Highway VII ORA -60-B described'as follows: Beginning at the point of intersection of the northerly right of way line of the State Highway VII ORA --60 -Band the westerly right of way line of 17th Street; thence westerly I along the northerly right of way line of said State Highway to a point of intersection with the southeasterly boundary line Of,RtheCity of Newport Beach said point being also the southerly leaner of Lot "A" Tract 919, thence northeasterly along the said southeasterly boundary line 7.55 feet, thence 5.690 07' 39" E 689.65 feet, thence S 760 10' 03" E 1146.47 feet, thence N 880 04' 39 "E to a point of intersection with the westerly right of way line of 17th Street, thence southerly and southwesterly along the west - erly boundary line of 17th Street, to the point of beginning." Same had 34 -been duly filed and advertised. No protests were heard or received. Com. Boltz made the motion, seconded by Commissioner Pleger that the matter be set to the next meeting for final hearing. Motion carried, and Commissioner Johnson stated that he thought steps should be taken to% rezone the City owned property across. the Highway, and later made a me- tion for this, seconded by Commissioner Wightman, recommending that this property be rezoned to G-1, with the one hundred feet which abuts on the Bay left at C-2. This motion carried by the following roll call votes ROLL CALL VOTE AYES: Boltz, Copelin, Daniell, Ellerbroek, Johnson, Pleger, Rudd and . Wightman. 'NOES: None. ABSENT: Longmoor. COMMUNICATIONS Secretary Ellerbroek mead a letter from the Corona Del Mar Assooia- tion, signed by its president, Ralph Hoyle, requesting the recommend - ation of the Planning "ommission for the acquisition of propeftles at China Cove, including all of Blocks B 32, E 33, D 33, and A 34, Lots L 8, 14, and 15 of C 33, and Lots 3, 4, 5, 6, 8, 99 10 of B 33, as per map under the County Master Plan of Parke and Beaches,, i.e., the State to purchase the above, and the City to deed to them matching lands to com- pensate. The letter stated that the plan has the approval of the County Planning Commissioner 4nd Supervisor Willis Warner, and that same, as soon as recommendation is received from the City Council.would be placed on the number one priority which would be filed-with the State immediately. Mr. Hoyle and Mr. Burton were present anddiscussed the plan, and the urgen- cy.for action. After discussion, Commissioner Pleger made the motion, seconded by Comm-saioner Battz, that the Commission unanimously recommend the approval of this plan, and, that a letter to this effect be forwarded to the Council. This motion carried by the following roll.call votes ROLL CALL VOTE AYESs 3altz, Copelin, Daniell, Ellerbroek, Johnson, Pleger, Rudd and Wightman. NOES; None. ABSEidTs Longmoor. Also read by Secretary Ellerbroek was a letter from Mr. J. T. Jamison, requesting recommendation of the Commission relative bo the matter of his selling one foot of his lot,-listed as acreage Lot 35 x 60 in thirty feet west of 9th Street, giving as his reason for the sale the fact that his neighbo r has come too far west with his building. After some discuss- ion, Commissioner Johnson made the motion, seconded by Commissioher Baltz that Mr. Jamison be advised to contact the City Attorney for Puling. Motion carried, and so ordered. The final communication real was a request from Mr. R. E: Harbison for information relative to the requirements for zoning for a bakery for wholesale distribution. The Secretary was requested to inform Mr. Harbi- son tha` such an enterprise be restricted to C-2 zoning. OLB CUSINESS the matter of laundries, as tabled from the February 19, 1948 meeting, was reopened with Commissioner Copelin, chairman of the committee on this, making the following report, for the Commissions recommendation, "The Planning Commission recommends to the City Council of Newport Beach that the word 'laundries' in Zoning Ordinance No. 525 be clarified se that there can be no misunderstanding of the original intention that the word 'laundries' included then, and does now include self- service laundries, laundryettes, or any place where the general public participates in wash- ing clothes. The,Planning Commission further recommends that )laundries', self- service laundries, laundryettes, or any building housing facilities. for washing clothes wherein the general public is invited to participate remain in zone M -1. We feel that the Planning Commission should have the advise and guidance of a qualified Planning Consultant before recommend- ing any other changes at this time ". Mr. MaoA'Levy was present, and again strenuously objected to the recommendation of the Commission. Oom- 35 miesioner Johnson made the motion, seconded by Commissioner Rudd for the concurrence of the Commission •ith the above report made by Commis- sioner Copelin. This motion carried by the following roll call vote. AYES: Baltz, Copelin, Daniell, Ellerbroek, Johnson, Pleger, Rudd, ROLL CALL VOTE Wightman. NOES: None. ABSENT: Longmoor. Commissioner Pleger brought up the problem of dividing pieces of pro- NEW BUSINESS perty, particularly in Corona Del Mar, which now present the question of whether or not same are 'legal lots, according to the zning ordi- nance. Commissioner Copelin stated that he felt that the City.Attorn- qp should ire contacted for interpretation on this, and accordingly it was decided that Commissioner Pleger make some sketches or plots of specific lots, so divided, for presentation to the City Attorney. Secretary Ellerbroek, chairman of the committee on the matter for the PLA14NING CONSULTANT INLeotion and recommendation of a Planning Consultant, reported that following a recent meeting with Mr. Bennett and the committee, to- gether with some of the City Council, that Mr. Bennett had prepared a list of specifications for a working basis, and, that copies of this had been sent to five consultants, Mr. L. peening Tilton, Gordon Whitnall, Ronald Campbell, Dwight Gibbs, and Chi -rles Eliot, and,that favorable replies had been received from four of these, all except Mr. Whitnall, who expressed himself as not interested in applying. Secretary Ellerbroek stated that further interviews with Eliot, Camp- bell and Tilton would be finished in a few days, and, suggested that a Special, or adjourned meeting be called for final action. According- ly, Commissioner Rudd made the motion, seconded by Commissioner Baltz 'to adjourn to 'Thursday, March 2% 1946. Motion carried, and so order ADJOURBOMT ed. Respectfully submitted, " Philmer J. E 1 rbroek, Secrete