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HomeMy WebLinkAbout04/21/1943?! 01 The Chairman called for consideration of the Minutes of the meeting; of i_arch 17, 19434 Commissioner Johnson moved that the Minutes be approved as read. Motion seconded by Secre- tary Seager., carried and so ordered. Er. John Harvey appeared before the Commission with a matter pertaining to certain acreage fronting on the wart Bay on which he said there was a movement on foot to build a ten story hotel and hotel apartment.,, with annex in the rear, cost- ing approximately 11,500,000.00,. construction to commence after the war. He stated that .the purpose of bringing the matter up at this time was to make certain that the Ordinance would cover such t;;pe of construction, thus avoiding future trouble and ' delay. At this point., Commissioner Vineh remarked that the Ordinance limits buildings to two stories. Chairman Hopkins said that it would be impossible to incorporate in the Ordi- nance a height limit covering Pr. Harvey's project without opening up the entire beach area wherever this.Ordinance ap- plied, but that he felt sure that this Commission or any other Commission in the future would listen attenta.tivdly to a request for a permit at the time application was made. Commissioner Patterson said it would create a grave problem if an attempt were made to raise the two story building limit because of the narrowness of our streets. Ohairman Hopkins suggested that the matter .rest in abeyance for the time being; that application for special consideration be made at the time con- struction was expected to commence. Attention was called to the Ordinance with respect to such type of buildings, and Chairman Hopkins suggested amending the Ordinance to include "Hotels ". Commissioner Patterson moved that line 15, Page 15 be amended to read "Hotels, Apartment Hotels, etc." Motion seconded by Secretary Wager, carried and so ordered. Yr. Harvey then called attention to certain property owned by him on Balboa Island adjacent to the business zone, which he insisted should be rezoned for business as it was ruined for residential purposes. Commissioner Johnson remarked that this ' matter had been before the Commission for consideration eome time ago, that there were a number of hearings and that the citizens had strenuously objected to such rezoning. secretary Seager reminded Pi. Harvey that a hearing upon this very same point was held and decided against due to the many objections, and that he, for one., would object to changing the zone at this time. Mr. Harvey indicated that he intended to contest The Newport Beach City month!;;; meeting in the Planning Commission held Council Chambers, City Hall its regular ,.Newport ' leach, California, on 'dednesday, April 21, 1943, at 4 P.M., Chairman Hopkins presiding. ROLL CALL Commissioners present: Hopkins, 3eager, Pinch, Johnson, Nelson, Patterson and Campbell. " absent: Findlay and Allen. MINUTES The Chairman called for consideration of the Minutes of the meeting; of i_arch 17, 19434 Commissioner Johnson moved that the Minutes be approved as read. Motion seconded by Secre- tary Seager., carried and so ordered. Er. John Harvey appeared before the Commission with a matter pertaining to certain acreage fronting on the wart Bay on which he said there was a movement on foot to build a ten story hotel and hotel apartment.,, with annex in the rear, cost- ing approximately 11,500,000.00,. construction to commence after the war. He stated that .the purpose of bringing the matter up at this time was to make certain that the Ordinance would cover such t;;pe of construction, thus avoiding future trouble and ' delay. At this point., Commissioner Vineh remarked that the Ordinance limits buildings to two stories. Chairman Hopkins said that it would be impossible to incorporate in the Ordi- nance a height limit covering Pr. Harvey's project without opening up the entire beach area wherever this.Ordinance ap- plied, but that he felt sure that this Commission or any other Commission in the future would listen attenta.tivdly to a request for a permit at the time application was made. Commissioner Patterson said it would create a grave problem if an attempt were made to raise the two story building limit because of the narrowness of our streets. Ohairman Hopkins suggested that the matter .rest in abeyance for the time being; that application for special consideration be made at the time con- struction was expected to commence. Attention was called to the Ordinance with respect to such type of buildings, and Chairman Hopkins suggested amending the Ordinance to include "Hotels ". Commissioner Patterson moved that line 15, Page 15 be amended to read "Hotels, Apartment Hotels, etc." Motion seconded by Secretary Wager, carried and so ordered. Yr. Harvey then called attention to certain property owned by him on Balboa Island adjacent to the business zone, which he insisted should be rezoned for business as it was ruined for residential purposes. Commissioner Johnson remarked that this ' matter had been before the Commission for consideration eome time ago, that there were a number of hearings and that the citizens had strenuously objected to such rezoning. secretary Seager reminded Pi. Harvey that a hearing upon this very same point was held and decided against due to the many objections, and that he, for one., would object to changing the zone at this time. Mr. Harvey indicated that he intended to contest 102 the present zoning. He. said he had spent thousands and thous - ands of dollars in taxes, assessments, etc., and he didn't ' see why his property should be confiscated. Chairman Hopkins inquired if he didn't think the property owners in that area were interested in this matter and should have definite notice of any contemplated change in the Ordinance. He said, further- more, if there were any contemplated change in the Ordinance, notices shouldbe sent to interested property owners, and that so far as he was concerned, he felt that the matter should stand as it is. Mr. Harvey said he had not'been advised that a new zoning ordinance was being considered, whereupon Com- missioner Patterson remarked that it had been duly published and advertised. Commissioner Johnson moved that Mr. Harvey's request be denied. P;'_otion seconded by Secretary 3eagbr, carried and so ordered. Chairman Hopkins announced the second and final hearing on proposed substitute or revision of Ordinance #440. Secretary Seeger presented a lengthy written protest from the Citizens National Trust & Savings Bank, of Los Angeles, California. Commissioner Patterson moved that! the letter be tabled. Notion seconded by Secretary Seager, carried and so-ordered. Commissioner Patterson moved that the matter of further consid- eration of the proposed revision of Ordinance #440 be laid upon the table. Lotion seconded by Commission,3r Nelson, car- ried Iand so ordered. HEARING Secretary Seager read the application of H. W. Robinson for a H.WROF- sideyard fifty percent setback variance having to do with Lots TS01'12-.l7 and 18,, Block 11, Section 2, of Halboa Island, regarding PAN certain alterations to the building located thereon. YARD Mr. Robison was called upon to make a statement with reference to his application. He said he had made a survey of adjacent property in the neighborhood, and that the variance would not obstruct the view, and certainly would not damage the appear- ance of the property. He said there was a concrete step and overhanging roof which more than covered the variance asked for, He stated that.Mr. Carmode,.who was present at the hear- ing, was the nearest neighbor and that he was agreeable to the granting of the variance, and two other property owners were also present to signify their consent.. 11r. Robison explained that he wished to enlarge the garage which was built some time ago, and which was not large enough to accommodate the larger type of automobile. chairman Hopkins called Sir. H obi - son's attention to the fact that while the eaves of the roof might extend beyond the Tarianoe requested, nevertheless, the garage extension would create a solid obstruction. He also remarked that the map showed that the house is built closer to , the property line than any other house in the neighborhood, and inquired if Mr, Robison ever considered moving it back. Mr. Robison said he considered it impracticable at this time due to labor shortage and other wartime restrictions. 103. Chairman Hopkins then announced that the commission would con- sider protests, if any, from the floor. No protests. Mrs. Rosenauer thereupon arose and stated that she represented herself and her sister - both property owners in that neighbor- hood - and that from her observation there was no objection to the granting of the variance. Mr. Thos. A. Carmode, another property owner, also spoke in support of the variance. Chairman Hopkins remarked that this application plaoed the Com- mission somewhat on the spot, as it had already investigated the property; that there was a setback requitement "of 10 feet, and that the building on the property is very close to the property line. He said that the blocking up of the projection mentioned by Mr. Robison would criate a solid wall and consequently obstruct the view. Commissioner Johnson moved that the application be denied. Sec - retary Seager seconded the motion. A considerable discussion en- sued and the Chair called for a roll call vote. ROLL CALL VOTE: Ayes: 17opkins, Seager, Nelson, Johnson, irinch, FINAL HEAR - Patterson and Campbell. Noes: None. 'Pi2" Motion carried and so ordered. Chairman Hopkins declared the Hearing on the application of D. IN. Elliott for permit to slant drill for oil in West Newport open, stating that this was the second and final hearing. He asked Mr. Elliott if he would like to review matters teriefly as to what, if anything, had transpired since the previous hearing. Mr. Elliott stated that a few things had come up since the last hearing having a bearing on the matter,_and that he would like to take a few minutes to go over the map. he pointed to a well on the map which he said was being drilled some three hundred feet from the city limits. He said he felt certain they had oil there, that it is not the same grade oil found before in this area, but a bet - ter grade oil. tie said if they found oil, the area would be drilled regardless of whether or not they made a deal with the city. How- ever, if a deal with the city were made, all storage tanks would be moved back of the city, and that he would do away with all ob- jections growing out of storage, or army little gas that might es- cape from the tanks. He said there would be no lease but a con- tract with the city whereby the city would have complete control and that no one would have cause for complaint. iie said the con- tract provided for a bond to protect the city against any un- 'warranted action on his part; that the city attorney had examined the contract, and that while it had not as yet been approved, it was considered as quite complete* tie said that the contract was drawn along the lines of the contract with the uity of Long Beach, on which a lot of research work had been expended and legal angles investigated, and that Long Beach had fared very well. He called 104 attention to Secretary Ickes' encouragement of "wild cat" wells, due, no doubt, he said because the Secretary foresaw a shortage .of oil - fuel oil in particular. ' Chairman Hopkins inquired if there was any possibility of the Federal Government being interested in drilling th this section. Mr. Elliott replied that he thought not at this time, but that if the State should try to take over, it would cost the city of New - port Beach nothing, as it was.ap to him to protect his rights under the contract. Chairman Hopkins then inquired if there woos any questions from the floor. Mr. Frank Riddle, property owner, who had protested the granting of a permit to Mr. Elliott heretofore, took the floor. He explained that he wished to clarify the impression he might have given at the last hearing he attended. He explained that while he objected to any drilling within the city limits, he at no time had been opposed to slant drilling outside the city limits. He said he was heartily in accord if the city wished to enter into a con- tract with Mr. Elliott for slant or whipstock drilling, as he didn't see why the city of Newport Beach should not receive the revenue which might be derived therefrom. Mr. McArdle, another former objector to the permit, supported Mr. Riddle's position, as did Mr. F. Richards. when asked by uhairman Hopkins if they wished it to appear of record that they had withdrawn their form- er objections, they replied in the affirmative. Mrs. B. Lee, property owner in west Newport, renewed her objet- I tions to the permit. After considerable discussion, commissioner Patterson said that if the city of ldewport Beach should enter into a contract with Mr. Elliott, he thought a portion of any royalties which might accrue should be expended for the benefit of iivest Newport, and that he would also like to see some part of such royalties ex- pended in the prevention of beach erosion. vhairman Hopkins in- quired if it was his opinion that the shoreline could not be pro- tected under present conditionq. Commissioner Patterson replied that there were plans being formulated., but it would cost a lot of money; that perhaps there would be state or federal assist- ance, but right now they w -re up against it because of lack of funds. ne said that he thought Iffest Newport would be enhanced if the shoreline were stabilised. Chairman hopkins said that he. heartily agreed with commissioner Patterson; that he would vote favorably on the permit for this reason, and also for one other reason, namely, should the Planning Commission turn down.thid application, and six months, a year or two years from now oil were found in the vicinity close enough to justify the State or i!vderal uovernment coming in and taking over, the Planning Commission might well blame itself for not using its head by taking advantage of the situation. ne said he ' was in favor of presenting a resolution to the city Council setting out clearly the reasons for recommending favorable action on Aar. Elliott's application. 105 Commissioner Finch said he thought it would be a wise thing to permit whipstock or slant drilling for oil under city property in order that the city might derive some financial benefit. iie said that under the type of contract contemplated, there should be no such difficulties as experienced by Huntington Beach, and that under the circumstances, he would be perfectly willing to make a motion to permit whipstock or slant drilling west of 53rd street. Commissioner Campbell said he would be willing to second such a motion on one condition - that the City Engineer and City Attorney see to it that there would be no drilling within the city limits. Secretary Seeger said that if the Planning Commission were going to vote favorably on this motion, it should place itself definitely on record as to why it was voting favorably. He said it was within the Planning Commission's jurisdiction to recommend that a certain percentage - say fifty percent - of the revenue which might be de- rived from such slant or whipstock drilling be expended in West Newport. He said West Newport was often referred to as the "front door" to Newport, and that, meaning no disrespect to the residents of that district, it was a very disorderly front door. He recalled that the Planning uommission had discussed ways and mean of improves ing West Newport but had been handicapped by lack of funds, and that he thought the Commission should place itself on record by recommend- 'ing to the City Council that a certain percentage of ar{y royalties which might accrue should be diverted to the betterment and improve- ment of Test Newport, which improvements were badly needed. Further more, he thought it would not be good business judgment to deprive the City of Newport Beach of any financial benefit it might receive. He sr.id he thought a Committee of three should be appointed to draft a resolution to the City Council, and that the Commission should make its purpose clear and the reason for its action definite and positive. He said he would not consider a favorable vote on the motion unless it was clearly, definitely and positively understood that the entire transaction would be so executed that the City of Newport Beach would have absolute control; also, that it could not be construed by this action that a further modification in the Ordinance would be likely permitting drilling in the city limits. He said he thought the City Council should be requested to declabe itself in favor of spend- ing a percentage of royalties derived in the improvement of West New- port. Furthermore, that the contract should be made with but one party - thus eliminating the possibility of confusion which usually occurs in the development of an oil well. Commissioner Johnson said he wondered what answer the Planning Com- mission could give to property owners in West Newport who might wish to do some drilling on their own account., The Commission, he said, would be compelled to deny a permit on the ground that it had given 'an exclusive. He said he felt sure that if the matter were put to a referendum, 95% of the people would vote against it, and that he would most certainly vote against giving an exclusive of any kind. Secretary Seeger said that he did not look upon the matter as did Commissioner Johnson, because this action had to do with whipstock 106 or slant drilling outside the city limits. Should any property owner within the city of Newport Beach wish to drill, they could , not do so without first obtaining the permission of the City Council. Commissioner Finch moved that the Planning Commission recommend favorable action by the City Council upon Mr* Elliott's applioa- tion for permit to whipstock or slant drill in West Newport. Motion seconded by Commissioner Campbell. ROLL, CALL VOTE: Ayes: Hopkins, Seager, Finch., Nelson, Patterson and . Campbell. Noes: Johnson. Motion carried and so ordered. Motion by Secretary Seager that a committee of three be appoint- ed to draw resolution to the City Council. Motion seconded by Commissioner Campbell. Motion carried and so ordered. Committee of three appointed as follows: Secretary Seager, Commissioners Finch and Patterson. It was concluded that both Ordinance #440 and Ordinance #372 would have to be amended to permit whipstock or-slant drilling as both prohibited drilling. Motion made by Commissioner Patterson that hearing on applica- tion of D. W. Elliott be closed. Motion seconded by Secretary Seager, carried and so ordered. Secretary Seager moved that bstitution of Ordinance #440 be by Commissioner Johnson, carried the matter of the revision or lifted from the table. Seconded and so ordered. Commissioner Patterson moved that the written protest of the Cit- izens National Trust & Savings Bank be lifted from the table. Motion seconded by Secretary Seager,, carried and so ordered. Secretary Seager moved that the written protest of the Citizens National crust & Savings Bank be denied and filed. Motion seconded by Commissioner Nelson., carried and so ordered. Commissioner Patterson moved that Ordinances Nos. 440 and 372 , be amended so as to permit 7hipstock or slant drilling for oil, petroleum, tar, gas or other hydro - carbon substances west of the southeasterly line of 53rd Street and the southwesterly priblongation thereof, provided the surface drilling therefor is located outside the city limits. ' ROLL CALL VOT$; Ayes: Noes: 107 Motion seconded by Secretary Seeger. Hopkins, Seeger, Finch, Campbell, Nelson and Patterson. Johnson. Motion carried and so ordered. Motion by Commissioner Patterson that westerly of the Newport Pier and sadtherly on Ocean Front R -1 zone be changed to R -2 zone. Seconded by Secretary Seeger, Carried and so ordered. Motion by Commissioner Central Avenue between ad so as to extend 205 along Nineteenth. Street northeasterly of 0-2 zc er Nelson, carried and Patterson that 0-2 zone northerly on Nineteenth and Twentieth streets be chang- feet along Twentieth Street and 255 feet , and the balance of the block lying ne be zoned as M -1. Seconded by Commission - so ordered. Secretary Seeger moved that the Ordinance as written and mapped be recommended to the City Council for adoption. Seconded by Commissioner Nelson. ' ROLL CALL VOTE: Ayes: Hopkins, Seeger, Finch, Campbell, Nelson and Patterson. Noes: Johnson. Carried and so ordered. Motion by Commissioner Patterson to close the hearing. Seconded. by Secretary Seager, carried and so ordered. Motion by Secretary Seager to resume Post-War planning. Motion seconded by Commissioner Finch, carried and so ordered. Chairman Hopkins suggested thet Post -War Planning Committee, be Harbor Facilities and Expansion regular monthly meeting of the it would be appropriate to have present. Commissioner Finch, Chairman of prepared to submit Item 3 - - for discussion at the next 7ommission.1 suggesting also that a member of the Harbor Commission ADJOURNMENT Commissioner Patterson moved that the meeting be adjourned. Motion seconded by Commissioner Johnson, carried and so ' ordered. Respe tfully snub /mit ad, H049ARD lV. SEAGER Secretary