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Home My WebLink About05/01/1940MAY 1, 1940' THE NEWPORT BEACH CITY PLANNING COMMISSION met in adjourned regular session Wednesday, May 1, 1940, 7:30 p.m. in the • Council Chambers, City Hall; Chairman Hopkins presiding. ROLL CALL - Commissioners present: Hopkins, $eager, Williams, Briggs,: Estus, Patterson. Commissioners absent; Findlay, Hodgkinson. Building Inspector Nelson attended. MINUTES - This being an adjourned meeting, the minutes of the previous meeting were not considered. HEARINGS - SECOND HEARING ON APPLICATION OF MARGUERITE MACCULLOCH FOR REZONING Chairman announced the meeting open for the second and final hearing on the matter of the application of Marguerite MacCulloch for rezoning of Lot 15, Blk 26, Balboa Eastside Addition from R -1 to R -2 which was continued from April 17, 1940 at the request of the applicant. He declared the hearing open for discussion. Secretary read letters of protest on the rezoning from • Norman C.`Noarse, W. H. Hervey and Charles Latimer. Miss MacCulloch was not present and, upon inquiry by the Chairman it was learned that she had not been notified that the hearing would be held at this special meeting. On motion of Com. Briggs, seconded by Com. Estue and carried, the hearing was continued to the next regular meeting, May 15, 1940- FI T HEARING ON REZONING LOT S BLK 1 CORONA DEL MAR SECOND HEARING ON REZONING LOTS 2 and .BLK 133 FROM R -1 to R -2. Chairman called for hearing the matter of the rezoning of Lot S, Blk 133, Corona del Mar from R -1 to R -2. Secretary stated that the hearing had been advertised and contiguous property owners notified. Chairman suggested that, since this matter parallels the rezoning of Lots 2, 4 and 6, this matter and the second hearing on the rezoning of Lots 2 =4 and 6 should be con - sidered at the same time. Com. Patterson moved that the Second Hearing on Rezoning Lots 2, 4 and 6 from R -1 to R -2 be taken up at this time • so that this matter may be considered with the hearing on rezoning Lot S. Seconded by Com. Estus. Motion carried and so ordered by the Chairman. Secretary read the letter he had written to the owner` of Lot 8, M. Thesnah Smith, informing her of the action contemplated by the Planning Commission to rezone this lotto R -2 and her reply which was in the form of an application requesting such rezoning. Chairman declared the hearing on rezoning Lots 2, 4 and '6 • and 8, Blk 133, Corona del Mar open for discussion and asked if there were any protests other than those read at the previous meeting. Secretary read 4 letters fo protest received since the first hearing and a petition protesting the rezoning signed by 50 persons. It was the Chairman's opinion that a petition to be effective should give not only the signatures of the pro testants, but the legal description of their property. This petition contained only the street address. There was considerable discussion as to the legality of the petitions. Com. Patterson moved that the Secretary be instructed to check the signaturesto see if the signers are property owners and that the legal description of the property be placed opposite the names. Seconded by Com. Briggs. Com. Seeger objected to this procedure stating that the location of their property is of no importance, a protest is a portest. Roll Call: • Ayes: Briggs. Noes : Seeger, Williams, Estus, Patterson. Motion lost. Mrs. Roft, Mrs. Stillman and Mrs. Droege who circulated the petitions were present and stated that all signatures were those of property owners. Com. Williams stated that the immediate property owners have no objection to the rezoning as evidenced by the signatures of 8 of them to a letter in favor of the rezoning. Mrs. Gray's next door neighbor spoke in favor of the re- zoning stating that she did not see how it could hurt the surrounding property in any way. Mrs. Gray, one of the applicants „spoke many times, the purport of her statements being that Fernleaf Avenue is now a busy thoroughfare and no longer a strictly residential neighborhood, also that those residents who signed the petition protesting the rezoning had been misinformed as to the change and many believed that apartment houses would be permissible if rezoned to R -2. Com. Estua moved the adoption of Resolution No. 169 • recommending the adoption of an amendment to Ordinance 440 rezoning Lots 2, 4 and 6, Blk 133, Corona del Mar from R -1 to R -2 and that the same be transmitted to the City Council as the recommendation of this commission and a copy filed as part of the minutes of this meeting. Seconded by Com. Williams. Discussion: Com. Briggs felt that this hearing should be continued . to the next regular meeting so that'.the final hearing on Lot 8 could beheld, then the recommendation to the Council could include all 4 lots. Com. Patterson concurred with this opinion. Com. Estus did not see any reason to delay the matter. He felt that the petitions were of little importance since only the immediate neighbors should be considered. Chairman Hopkins said he would like to know the location of the property owned by signers of the petition. He felt that only the immediate property owners were effected and he would not like to vote without evaluating the worth of the petition. Com. Seager was of the opinion that the commission was being influenced by what was said from the floor ,rather than thinking in terms of good planning. The good of the city as a whole must be considered and not just the immediate nei ghborhood. The location of property owned by.protestants= is of no signifieanco since a rezoning affects the city as a whole. This Lot 2 has'only 4 feet on Fernleaf, so in effect, you are producing a spot zone on Ocean Blvd. Com. Briggs moved that the resolution be tabled. • Seconded by Com. Seager. Roll Call: Ayes: Seager. Noes: Estus, Briggs, Patterson, Williams. Motion lost. Louis Briggs, former member ofthe Planning Commission spoke stating that he had had the privilege of serving on the Planning Commission when Ordinance 440 was drafted. He said that the zoning was considered carefully and that no change should be necessary unless conditions change in the neighborhood. Zoning to be beneficial and effective. must be comprehensive in scope and is not done on the basis of opinions of immediate neighbor's. The primary purpose and function of zoning is to protect values. ,question called for. Secretary read a letter signed by Myrta 0. Cook question - ing the eligibility of Com. Williams to vote on this matter since she had signed a petition in connection therewith, and requesting that she be disqualified for that reason. Chairman called for a'roll call vote on disqualifying . Com. Williams. Roll Call: Ayes: Seager. Noes: Briggs Estus, Patterson. Chairman declared Com. Welliams qualified to vote on Resolution No. 169. Roll Call on Resolution No. 169. Ayes: Estus, Patterson, Williams. Noes: Seeger. Chairman Hopkins and Com. Briggs declined to vote declar- ing that they felt more time should be given to investigation' of the matter. Motion carried and so ordered by the Chairman._ Com. Patterson moved that the matter of the rezoning of Lot S, Blk 133, Corona del Mar be passed to second hearing, said hearing to be held May 15, 1940. Seconded by Com. Briggs. Motion carried and so ordered by the Chairman.' CORRESPONDENCE - Secretary read a letter he had written to the State Highway' Maintenance Division in regard to the condition of the trees on Coast Highway and the reply thereto. These letters were filed. REPORT ON ORANGE COUNTY MEETING Secretary stated that he was prepared to report on the joint meeting of the Orange County Planning Commissions which he had attended on April 17th; however, he felt that it might be better to give this report at the next meeting. Dom. Patterson moved that the Secretary's report be tabled and heard at the next regular meeting. • Seconded by Com. Estus. Motion carried. DISTRICT MAP REPORT - (Balboa Island) Com. Briggs, Chairman of the Balboa Island district reported that he was prepared to report on the Little Island setbacks, they are working on the entire Island and by the next meeting should be ready to report on the entire district as to setbacks. It was decided to postpone further discussion of this matter until next meeting. ADJOURNMENT On motion of Com. Williams seconded by Com. Briggs and carried the meeting adjourned. Respectfully submitted, 48 HOWARD W. SEAGER. Secretary._