Loading...
HomeMy WebLinkAbout04/19/1945200 The Newport Beach City Planning Commission held a regular meeting an Thursday, April 19, 1945, at 7 :50 pm, in the Council Chamber, City Hall, Newport Beach,. California, with Commissioner Seager, as Chairman Pro -Tom presiding,. in the absence of Chairman Hopkins. ROLL CALL Commissioners present: Allen, Camybell, Isbell, Johnson, Nelson, Patter- son, and.Seager. Commissioners absent: Batla and bopkins. MINUTES Commissioner Johnson made the motion, seconded by Commissioner Isbell that the minutes of the meeting of March 19, 1945, be approved as read. Motion carried and so ordered. COMMUNICA.- Secretary Allen called the meeting to order and announc -4 a communioa- TIONS tion from Chairman Hopkins to the effect that he would not be able to attend, whereupon Commissioner Johnson made the motion, seconded by Com- missioner Isbell that Commissioner Seeger be elected temporary chairman for the meeting. Motion carried. official communioatione read by Secretary Allen were as follows, with action taken as shown: Letter sign by Rity Clerk Rinehart for the City Council stating that the resolution of the Commission regarding the prohibition of the keeping of pigs, hogs, or swine was not in accordance with its advertisement. Com- missioner Johnson accordingly made the motion, second d by Cosmissioner Patterson that the Secretary be instructed to advertise the matter for a new Public Hearing at the: next regular meeting of the Commission on May 17, 1945. Motion carried. A letter from Armand Monaco, architect, requesting permission from the Commission to appear before them with plans and auggestions for the pro- posed Civic Center; together with a letter from the Commission inviting Mr. Monaco to attend the seating of April 19, 1945. A letter from E. G. Doane, Lot 37, Block B, Tract 675, Corona Del Mar, requesting a variance on this lot, explaining that the extra space was needed for garden and landscaping. Commissioner Patterson made the mo- tion, seconded by Commissioner Johnson that the matter be referred to the Building Inspector. Motion carried and so ordered. REPORTS OF Commissioner Seager, Chairman of the Master Plan Committee reported COMMITTEES progress. PUBLIC The Secretary announced the second and .final hearing upon the matter of HEARINGS the application of the Citizens National Trust and Savings Bank of Los Angeles, a National Banking organization, for -a. permit.granting a var- iance from,the provisions of ordinance 525, namely the elimination of front and rear yard setback requirements, for Parcels A, B, C, and D, 'as set forth in the application. Secretary Allen again read the peti- tion, after which the Commissioners discussed the matter, and the meet - ing was declared open by the Chairman for the many citizens and property owners present.' Attorney Reinhous explained that he and his clients, the Citizens National Trust and Savings Bank of Los Angeles had been un- able to determine whether the Planning-Commission had jurisdiction to grant adjustments or variances or not, so the application had been made all inclusive to request an Amendment if variance were not granted. Secretary Allen stated that the City Attorney stated that the.Co®iss -, ion dAd not have jurisdiction, and that the mattar.would have to be con- sidered as an, Amendment. Appearing as skokesman for the several property owners, including Mrs. Mary Ann Everett, loO2.ocean Boulevard, Corona Del Mar, was Mrs. Mary Burton, attorney, who attacked the application from every angle, first pointing out that the said.application in making for either a variance or an Amendment at the same times was wrong, as both can not go together; further that in this case.a particular property owa- er was not set forth, but the properties were combined, mmkUW -a,reguest' for a variance impossible. Included in Mrs. Burton's aggumente, protesting the application, were the point that the granting of this variance would increase fire hazards, affect sanitary condition, unsightly garbage cans, garages on the streets, etc., and that the granting would affect the whole City Ordinance. Mrs. Burton defined the legal angles of variances versus amendments, explaining that variances, or "spot zoning" should be used sparingly. Upon the.completion of the Public Bearing after all protests and discussions had been heard, the matter was returned to the Commission for discussion, and Commissioner Allen made the motions seconded by Com- missioner Johnson, Wt if the Commission had no jurisdiction, as indicat- ad by the City Attorneys that the application, as applied for, be not re- commended. Chairman called for a roll call vote. Ayes: Allen$, Campbell, Isbell, Johnson, Nelson, Patterson, and Seeger. Noes: None. Motion carried and so ordered. Following action on the. application as a variance, the matter of refers- ing same to the City Council for a proposed Amendment to Ordinance No.525 was discussed, and Commissioner Johnson made the motion, seconded by- Com-missioner Allen that the meeting be again declared open to the public. Mrs. Burton again presented protests and arguments, stating that the Or- dinance No. 525, as passed was right, but if amended, and changed, and . *spot zoning" in this ooze used that conditions would be chaotic. Com- missioner Patterson made the motion, seconded by Commissioner Nelson that the hearing be closed. Motion carried. Commissioner Allen then made the motion, seconded by Commissioner Nelson that the Commission recommend to the City Council that Ordinance. No. 525 be not amended as requested in the application. Chairman called for a roll call vote. Ayes: Allen, Campbell, Isbell, Johnson, Nelson, Patterson$, and Seeger. Noes: None. Motion carried and so ordered. 2 ©7 ROLL CALL Second and final hearing was declared by the Secretary on the matter hav- ing b do with a variance of rear yard setback requirements from 10' to S' in Block 14, Balboa Tract. In view of the City Attorney's statement that the Commission had no jurisdiction in the matter of granting variances, Commissioner Allen made the motion, seconded by Commissioner Johnson that the matter be laid upon the tables to be taken up immediately after secur- ing an Amendment to Ordinan ^e. No, 525 'regarding variances.. Motion - carried. Commissioner Johnson then made the motions seconded by Commissioner Isbell that the Chairman appoint a committee to confer immediately, with the City Attorney to determine the necessary steps to clear up the present legal confusion. Carried, and Commissioners Johnson and Nelson were appointed. Secretary Allen presented .a atattment from the American Society of Plann- NEW BUS - ing officials for $10.00 for one years subscription for same. Commission- er Patterson moved, Commissioner Johnson seconded the motion that the matter be approved and presented to the City Council for approval and pay- ment. Carried and so ordered. Armand Monaco, architects presented a rough sketch for the proposed new 208 Civic Center for Newport Beach at "Site 40, discussing same. Commissioner Seeger, as Obairman pro -tem, stated that he would entertain , a motion that the Commission recommend to the.City Council that they take steps to employ an architect to discuss and make plans for the construct ion of a new City Bali, explaining that he was making.this suggestion in an attempt to get some progressive action. However no action was taken, as Commissioner Isbell suggested that the matter would come up.at.the neat Council meeting, and for Proper legal vote at the next meeting of the Planning Commission. Commissioner Allen made the motion, seconded by Commissioner Johnson that the Commission accept the informal suggest- ion made by Commissioner Isbell. Motion carried and so ordered. Motion for adjournment was made by Commissioner Allen and seconded by Commissioner Johnson. Motion carried and meeting was adjourned to the next regular meeting, May 17, 1945. Respectfully submitted J ALLEN, Secretary