HomeMy WebLinkAbout03/31/1941V
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REPORT OF JOINT MEETING HELD
MARCH 31st, 1941' OF COMMITTEE
CONSISTING OF TWO MEMBERS OF
CITY COUNCIL, TWO MEMBERS OF
CITY PLANNING COMMISSION, AND
CITY ENGINEER, TO DISCUSS THE
PROPOSED NEW ZONING ORDINANCE.
City Attorney, Roland Thompson, submitted the ollowing
recommendations to proposed new Zoning Ordinance, Please note a tlon taken
by the Committee following each recommendation.
1. "The law does not require a heading for an ardinanas
and to print the long heading set forth would only add unnecessary expense
And I would therefore suggest that said heading be eliminated."
This suggestion was approved by the Committee,
2. "On page 6,-oommencing with line 30,;. it is suggested
that the definition of "STREET" be changed to read as follows: "STREET",
A Public or private thoroughfare which affords a means of access Ito abutt
ing Property is a street to that property for the purpose of thi -sl ordinance."
Explanation for the change is to follows: In the City of Newport (Beach where
properties extend from street to street, we have many instances where owners
observe a front yard setback on one street and aotually.faee theilr structures
on another street. ..I. might say further in this connection that the present
definition of a street and front yard definition would permit an Owner.to
face his house .an either street, providing that they are dedicateo streets"
and there is no reason to discriminate between a dedicated streetland a pri-
vately owned street."
This suggestion was also approved by 0ommittee,
3. "In Section 4# Subdivision A. page 10 *.00mmenlcing with
line 26, it is suggested that the portion of said paragraph read* g as follows,
"There shall be provided on each building site garage space or automobile
parking space for at least one automobile", be stricken« Becauselof the size
of the lots at Newport Beach, this would seem an unreasonable provvision."
This suggestion also approved by Committee.
4, "Subdivision 5, of Section 5., should be el
the reasons heretofore stated."
5. "Subdivision 7, of Section 6 should be
Items 4 and 5 were approved by the following
Noes: City Engineer Patterson
and Councilman Reed
Ayes: Councilman Brown, Planning
Seager and Hopkins
6. "Subdivision 2 o= Sec, 10, page 24, commenc
line 8, should remain as written in the new proposed ordinance as
v.sion is identical with the old ordinanoe and is the identical p
under which building activities were carried on, on Lido Isle. Th
change by the Committee makes this provision, in my opinions unce
ambiguous, for streets often times are miles in length and this p
change might cover blocks and streets, or blocks or streets."
This suggestion approved by the Committee.
inated for
nated,0
e:
ssioners
g with
his pro-
vision
suggested
sin and
Posed new
7. 00n page 30, commencing with line 9, it is suggested
that after the word, 'lendorsement ", said peraEi -aph be changed as follows:
'In the event the Planning Co:�misEion disaunroves any such application, no
permit shall be issued therefor, except upon.the order of the City Council
passed by a majority vote of all members t,lereof.'"
This suggestion approved by the Committee„
t is
MY It means nothing, and isin conflict ewith n eliminated
other provisions of theordinance,"
This suggestion approved by the Committee,
9. "Section 22, page 39, should be amended to read as fol-
lows: 'That certain ordinance known as Ordinance No. 440, entitled, "AN OR-
DINANCE ESTABLISHING LAND CLASSIFICATIONS AND DISTRICTS WITHIN THE INCORPORAT-
ED TEP:RITORY OF THE CITY OF NEWPORT BEACH AND REGULATING THE USES OF PROPERTY
THEREIN, ADOPTING A 1AAP OF SAID DISTRICTS, DEFINING THE TERM8 USED IN SAID
ORDINANCE, PRO IDING FOR THE ADJUST @BENT, ENFORCEMENT AND AMENDMENT THEREOF
AND PRESCRIBING PENALTIES FOR ITS VIOLATION ", as amended, is hereby repealed,
and all other ordinances of the City of Newport Beach in oonfliot herewith
are hereby repealed."
This recommendation approved by the Committee,
10. "That portion of Section 23, page 40 bet *een lines 17
and 24, should be ►mended to r=oad as follows! 'This ordinance shall take ef-
fect thirty days from and after its adoption and after its adoption Shall be
published at least once in NEWPORT BALBOA NEWS TIMES, a semi - weakly newspaper
printed and published in the City of Newport ?;each, said publics.tion to be
made not later than ten (10) days from Its adoption."
This suggestion was also approved by the Committee.
Roland Thompson's remarks regarding 'Maps' is as follows:
"I want to say that I am frankly worried about the setback
lines shown on the proposed maps in connection with the proposed new zoning
ordinance. The Courts have gone a long way in upholding zoning ordinances
under the theory that said ordinances are within the police powers of a eigy,
and that oolice power is not subject to definite limitatiohe but is ooexten
sive with the necessities of the case and the safeguards of public Interest..
It embraces regulations designated to oromots public conveniences or the
general welfare and prosperity, as well as those specifically intended to pro-
mote the publ.a safety or the public health.
It would seem from viewing the maps that the set back lines
shown thereof were fixed by averaging the setback lines of the various build-
ings already constructed and erected. These set back lines were apparently
fixed for tke purpose of presenting a uniform appearance in each block in the
City of Nernort Beach, and the fixing of these setback lines, in my opinion,
can only be justified on aesthetic grounds, It is my opinion, that setback
lines shouid.be more or less uniform for a particular district and if there
are specia: reasons which are made to appear, variances could then be granted
as to the setback lines made.
There is no legal right in the Council in any event to create
setback lines which might in any way intend to confiscate property, and if
the legal effect of setback lines In to confiscate property or to prevent the
use thereof or which may prevent the use thereof, then the law is very definite
and certain that such setback lines may not be legally maintained by ordinance
or otherwise.
A zoning ordinance may be set a&ida if it is discriminatory
unreasonable, oppressive, arbitrary or confiscatory.
No action was taken by the Committee on the abdve statements.
Dated: April 17, 1941 Submitted by