Loading...
HomeMy WebLinkAbout05/03/1939'n "r MAX 3, 1939 v THE NRWPORT BEACH CITY PLANNING CCMMISSION met in "adjourned- regular session Wednesday, May 3, 1939, 7 :30 p.m, in the • Council Chambers, City Hall; Chairman Hopkins presiding. Meeting called to order by the Chairman. I0 I• ROLL CALL Commissioners present: Hopkins, Seeger, Briggs,,Estus, Williams, Patterson, Whitson. Commissioners absent: Findlay, Hodgkinson., Building Inspector Nelson attended. Chairman Hopkins stated that, as this was an adjourned meeting, the regular order of business would be dispensed with and the commission would proceed to take up the matter of business for which this meeting was called. FIRST HEARING ON AMENDMENT PROHIBITING YACHT CLUBS IN R -1 and R -2 DISTRICTS Secretary stated that this meeting was called for the purpose of holding the first hearing on an amendment to Ordinance 1440 prohibiting the establishment, maintenance andoperation of yacht clubs in R -1 and R -2 districts. Chairman Hopkins read the legal advertisements as it appeared in the Newport- Balboa Times and declared the hearing open for discussion. Heinquired if anyone wished to speak on this matter. Mr. Grainger Byer, speaking from the floor, said that his comments on this amendment will be made at the sedoni hearing. No further discussion from the floor. Secretary stated that courtesy notices of the hear Inge had been sent to the Balboa Yacht Club, Newport Harbor Yacht Club, Balboa Island Yacht Club, Los Angeles Athletic Club and the Title Insurance and Trust Co. One written protest from the Los Angeles Athletic Club, signed by Mr. Frank Garbutt was received and read by the Secretary. Mr. Garbutt stated in his letter that "This property was purchased by us some years ago ex- pecially for yacht club purposes, We have paid taxes on it, and about a year and a half ago we paid ansassess- ment of $2,086.96 as our contribution to a- harbor im- provement project. To levy an' assessment of that kind for harbor improvement purposes and then to legislate us out of our harbor business is neither fair nor just". Chairman Hopkins "stated that Mr. Garbutt had mis- understood the amendment, in that it does not legislate the club out of anything they have already acquired. Any club already established will continue in that use. The amendment would prohibit expansion, as the club will become a non- conforming use. No further protests were received. No further discussion, Com. Whitson moved that the amendment prohibiting the establishment, maintenance and operation of yacht clubs in R -1 and R -2 districts be passed to second hearing, May ' lath. Seconded by Com. Estus. Motion carried and so ordered by the Chairman. FIRST REARING - OTHER AMENDMENTS Chairman Hopkins stated, that, as the legal advertise - ment had included "other matters, which in the judgement of the Planning Commission may be appropriately consider- ed at these hearings ", he would like to proceed on the theory that the commission can consider other amendments to the Ordinance at this time. Attorney Thompson advised' the commission at the previous meeting that the penalty clause in the Ordinance is defective, in that the penalty ° - set is $500 instead of $300 as prescribed by State law, and, in the Chairman's opinion, there was no reason why`" this should not be corrected at this time. By common consent it was decided that this correction should be made. It was Mr. Byer's opinion that the legal notice as published was not sufficiently specific to allow the com- mission to-consider this the first hearing on other amend- ments. An amendment to the ordinance to prohibit junk yards in all zones and an amendment to designate area require- ments in multiple family districts were discussed. Com. Seager, assuming that the commission's legal adviser< should interpret the legal notice published as sufficient notice to allow this to be considered the first 'hearing on these amendments, moved that the matter of the proposed amendment to Ordinance 440 having to do with dwelling area requirements, junk and salvage yards, amusement centers and the amendment to Sec. 20 having to do with the penalty clause be passed to second hearing. Seconded by Com. Briggs. Discussion: Com. Estue was of the opinion that more thought should be given the area requirement amendment before sending it to second hearing. It was explained that the ordinance provides area re- quirements for R -1 and R -2 districts, therefore area re- quirements should be provided for all zones or all area requirements should be eliminated. Motion carried and so ordered by the Chairman. Com. "$eager moved that the Planning Commission re- -quest the City Attorney to write the proper amendment or amendments involving the points which have been discussed, namely; dwelling area requirements in multiple family • districts, prohibition of junk and salvage yards in all zones, and revision ofthe penalty clause. Seconded by Cam. Williams. Motion carried and so ordered by the Chairman. OTHER MATTERS - Mr. and Mrs. William Lemke appeared before the com- mission for advice on re- subdividing their property con - sisting of three lots on Seashore Drive, in order that they may sell a portion of this property. They were advised1W the Chairman that this is a legal matter, not within the jurisdiction of the Planning Com- mission and referred them to the City Attorney for advice on how to proceed. Mrs. Georgette L. Maxwell called the attention of the Commission to a prohibited use existing in an R -1 district. Cam. Seeger informed the commission that it had recently come to his attention that a group of Newport Beach ladiesa have formed an organization for the purpose of studying conditions in the city and for city betterment. He moved that the Secretary be instructed to write a letter to those ladies inviting them to attend the meetings of the Planning Commission in order to become familiar with the work of this commission. Seconded by Cam. Whitson. Motion carried and so ordered by the Chairman. AW OURNMNNT - On motion of Cam. Estus, seconded by Cam. Williams and carried, the meeting adjourned. R pectfully submitted, OZY�GLGU,G�'�w �2 Howard W. Seeger.