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HomeMy WebLinkAbout05/17/19390 r L 1 MAY 17. 1939 THE NEWPORT BEACH CITY PLANNING C0MMISSION met in regular session Wednesday, May 17, 1939, 7:30 P-m. in the Council Chambers, City Hall; Chairman Hopkins pre- siding. Meeting called to order by the Chairman. ROLL CALL - Commissioners present: Hopkins, Estus, Seager,_Findlay, Patterson, Whitson. Commissioners absent; Hodgkinson; Williams and Brigs excused Building Inspector Nelson attended. MIMES - Com. Estus moved that the minutes of April 19 and May 3, 1939 be accepted as written. Seconded by Com. Findlay. Motion carried and so ordered by the Chairman. HEARINGS - NG ON AMENDMENT PROHIBITING YACHT CLtB S SECOND HEARI - IN R -1 and R -2 DISTRICTS. Chairman Hopkins declared the second hearing on amend- ment to Ordinance 440 prohibiting yacht clubs in H =1 and R -2 districts open for discussion. Attny. Grainger Byer, speaking from the floor, stated that the property occupied by the Balboa < Yacht Club for approximately 20 years does not extend to the mean high tide line. It has become impossible to occupy the beach near the yacht club without trouble, thus depriving the people in the vicinity of their rights. The property owners in the neighborhood on Balboa Island wished to protect them- selves against the expansion of the club and so petitioned for enactment of this amendment. The buildings occupied by the club and owned by the Los Angeles Athletic Club are appraised at $2,600. The property itself is valued at $50,000. Since the club has occupied the buildings, there has been no major improvement to the buildings. He urged recommendation of this amendment. Chairman inquired if anyone present wished to speak in opposition to this amendment. No response. On request ofthe cor*missioners, Secretary read the amendment. It was Com. Patterson's opinion that the same res- trictions should be placed on yacht clubs in R -3 zones as in R -2 and R -1, namely that one line of their property extend to mean hi h tide line. Com. Whitson thought all necessary amendments should be made at one time. There are other abanges which should be made in Ordinance 440 and if only one - amendment 'is made at a time the cost of advertising and publishing will be too great. After discussion the commission concluded that only the amendment' as submitted by the City Council could be acted upon at this time. Com. Seager moved that the proposed amendment to Ordinance 440 be returned to the City Council with the recommendation that it pass as written except that Sec- tion.20 Paragraph 3 be made to read - "punishable by a fine of not more than $300 or by imprisonment in the City Jail for a term not exceeding 3 months or by both such fine and imprisonment ". Seconded by Com. Eatus. Roll Call: Ages: Hopkins, Seager, Estus, Findlay, Patterson. Noes: Whitson. Motion carried and so ordered by the Chairman. Com. Patterson felt it was a mistake mot to place the same restrictions on yacht clubs in R -3 as in H -1 amd R -2. Therefore he moved that the commission recommend to the City Council that the restrictions on yacht clubs be.' made the same in R -3 as in B -1 and R -2 districts. Seconded by Com. Whitson. Motion carried and so ordered by the Chairman. • DISCUSSION OF OTHER AMENDMENTS TO ORDINANCE 440` Chairman Hopkins felt that the commission could not proceed on the assumption that this was a' regular second hearing on other amendments to Ordinance 440, ad he felt sure the legal advertisement was in defect. Hearings should be set on specific amendments and same regularly advertised. Com. Whitson suggested that the ordinance, be con- sidered section by section and all changes made at one time. It was the Chairman's opinion that this method would require from 9 months to a year. He felt that certain emergency amendments requiring little research should be made immediately, such as prohibition of junk and salvage yards, correction of the penalty clause and area require- ments in multiple family districts. 'Whatever constitutes' ` an over -haul should be done thoroughly and with care and thought. Com.: Estus stated that he would like to hear the protests on the area requirement of 600 sq. ft. per family in multiple family districts amendment, as it has been publicised that this amendment would be acted upon at this meeting. 0 9 Communications were read`by the Secretary from 14 protestants on this amendment. As this was only informally before the commission, Com. Patterson moved that these protests be laid on the table for future reference %hen this matter is formally taken up. Seconded by Com. Estus. Motion carried and so ordered by the Chairman. (Protests on file) Com. Whitson was of the opinion that all proposed changes in the ordinance should go; before a committee appointed by the Chairman and should not come up before the commission at this time. Com. Whitson moved that the matters of amendment to Ordinance 440 prohibiting junk and salvage yards, correction of the penalty clause, and designation of area requirements in multiple family districts be set aside until such time as the Ordinance is re- vamped. Seconded by Com. Estus. Motion carried and so ordered by the Chairman, VARIANCE APPLICATION OF PHILMER ELLUMROEH - Application of Philmer Ellerbroek for a 50 %,_5 ft. front year variance on Lot 3, B1k 5, Sec 5, Balboa Island " was read by the Secretary. ae stated that the hearing had been advertised, plans posted, notices sent to 14 sir rounding property owners and all other requirements of the Ordinance complied with. He also stated that no 'written protests had been received. Plans and plot plan of the proposed dwelling were examined and discussed by the Commission. Chairman inquired if anyone present wished to speak on this matter. Mr. Grainger Hyer stated that, as the property owner directly across the street from this property, he had no objection to allowing this variance. there were no verbal protests. Com. Seeger moved the adoption of Resolution No. 156 recommending to the City Council that a 50 %, 5 ft. front' yard set-back variance be granted to Philmer Ellerbroek on Lot 3, Blk 5, Sec 5, Balboa Island and that the same be transmitted to the City Council by the Secretary and a copy filed as part of the minutes of this meeting. Seconded by Com. Estus. Roll Call. Ayes: Hopkins, $eager, Estus, Findley, Patterson, Whitson. Noes: None. Motion carried and so ordered by the Chairman. COMMITTEE REPORTS - Chairman called for a report from the Subdivision Ordinance Committee. Com. Estus, chairman of this committee stated that the Committee had no report at this time. DISCUSSION OF PLANNING 00MMISSION BUDGET • The subject of the budgetary allowance for the Planning commission for the ensuing year was discussed, The Secretary stated that he had placed a request for $2,420 before the budget committee of the City Council which was broken down into items one of which was the fixed charges of $520. He stated that the City Council had allowed $1,000 for the Planning Commission for the coming fiscal year and had ear - marked an $SOO allocation to the City Engineer to be used for revision of Ordinance 440. - Com. Patterson stated that,no. doubt the Council would appropriate more if needed for revision of the ordinance if the Planning Commission present a re- vamped ordinance that is workable. He stated that his department would cooperate in the preparing of maps and surveys. He suggested that the Santa Ana Ordinance might be used to compare our ordinance with and see where ours is defective. Com. Estus moved that Com. Whitson suggest to the City Council that they advise the Planning Commission as to the amount allocated to them then we will know what we have to work with. Seconded by Com. $eager, Motion carried and so ordered by the Chairman. COMMUNICATICNS - Secretary read a letter which he had written from the Planning Commission to the Newport Harbor Woman's Association inviting them to attend tha meetings of the Planning Commission and the reply from Jessie R. Josslyne,'' president, thanking the commission for the °invitation. Cam. Seeger moved that these communications be filed. Seconded by Com. Whitson. Motion carried and so ordered by the Chairman. ADJOURNMENT - On motion of Com. Estue, seconded by Com, Findlay and carried the meeting adjourned. Rasp e fully submi�tte%d, / .�/lv�LdLl�i/ i c< t, R. • Secretary.