HomeMy WebLinkAbout05/18/1938MAY 16, 193$
THE NEWPORT BEACH CITY PLANNING COMMISSION met in regular
session Wednesday, May 16, 1936 at 7:30 p.m. in the Council
• Chambers, City Hall; Chairman Hopkins presiding.
ROLL CALL
Commissioners present: Hopkins, Seeger, Briggs, Schnitke r,
Patterson, Whitson.
Commissioners absent: Williams, Findlay.
Bldg. Insp. Nelson was present.
Secretary stated that he had received a, letter from Mr.
Tilton saying that he would not be present at this meeting
due to illness.
MINUTES
Com. Schnitkmr moved that the reading of the minutes of
May 5, be dispensed with as all members had received copies
thereof, and that they be approved as written. Seconded
by Com. Whitson. Motion carried and so ordered.
HEARINGS
APPLICATION FOR VARIANCE
of Geoffrey F. Collins, owner of portions of Lots 15 & 16,
Blk 6, Sec 5, Balboa Island for a 5* 5 ft. front yard var-
iance which was tabled at the meeting held, May 5, 1936 until
information could be obtained as to the ownership of the other
portions of this property, was lifted from the table on motive
of Com. Whitson, seconded by Com. Schnitker and duly carried.
Bldg. Insp. Nelson stated that the 1933 -34 Tex Roll shows
that the E 30' of the W 60' and the W 30' of the E 60, are
assessed separately to different owners.
As this was the information which the commission desired
before acting upon the variance request and as the conditions .
making the variance necessary had been discussed at previous
meetings, further discussion upon this application was con-
sidered unnecessary.
Com. Whitson moved that Resolution No. 129 be adopted re-
commending that a 50 %, 5 ft. front yard variance be granted
to Geoffrey F. Collins, on portions of Lots 15 & 16, Blk 6,
Sec 5, Balboa Island and that the same be transmitted to the
City Council by the Secretary and a copy filed as a part of
the minutes of this meeting. Seconded by Com. Briggs.
Passed by the following Roll Call vote:
Ayes: Hopkins, $eager, Briggs. Schnitker, Whitson.
Noes: None.
So ordered by the Chairman.
• APPLICATION FOR VARIANCE
of L. C. Minium, owner of Lot 16, Blk 13, Sec 3, Balboa Is-
land for permit to move and make certain alterations in the
non- conforming building located upon said lot and for a 50%i
front yard variance was read by the Secretary.
He also read a letter from Arthur H. Pease, agent for the
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owner of the adjoining lot stating that the owner of this
-`'lot recommended that the Planning Commission grant the applied
for variance so that the property might be improved and made
conform more closely with the surrounding properties.
• Secretary stated that 14 surrounding property owners had
been notified of the hearing and all requirements of the
ordinance complied with.
Mr. Minium was 'present and explained his plans for moving
and altering the building. He wishes to move the house farther
to the front of the lot and also to move it over from the side
lot line because at the present time the roof of part of the
building extends over the lot line onto the adjoining lot.
Mr. Nelson said that the State Law would prohibit moving
the building over as it requires a 3 ft. side yard and such
alteration would not allow that much side yard.
Mr. Hopkins said the commission could not grant this applic-
ation as it would not conform with either the city or State
building code. The only way to adjust it would be to cutoff
part of the building which overhangs the adjoining property.
Mr. Minium said they had applied for the front yard variance
so that all the improvements could be made at one time and he
wished to move the house forward to conform to other set backs
in the block; however, if the commission felt that they could'
not grant permission to move the building as planned, he
would work out some other way to improve it.
• Com. Whitson moved the adoption of Resolution No. 130
disapproving the granting of a 50%, 5 ft. front yard variance
and permit to move and alter the buildingupon Lot 16, Blk 13,-
Sec 3, Balboa Island owned by L. C. Minium.
Seconded by Com. Briggs.
Passed.by the following Roll Call vote:
Ayes: Hopkins, Seeger, Briggs, Schnitker, Whitson, Patterson-
Noes: None.
So ordered by the Chairman.
SECOND REARING (ON AMENDMENT TO ALLOW FISH - SMOKERS)
Chairman Hopkins stated that he wgs very anxious to have
Mr. Tilton present when this matter was acted upon. In his
opinion the commission had proceeded as far as possible with-
out the advice of the consultant and the City Attorney because)
of legal points involved.
As Mr. Tilton stated in his letter that it would be possiblei
for him to be present if a meeting was held on either May 23
or 25 the Chairman said he would like to hold a meeting on
either date to discuss this matter with Mr. Tilton if the
other members of the commission were willing, and would
entertain a motion to that effect.
• Com. Briggs moved to continue the second hearing on the
amendment to permit fish- smoking to an adjourned meeting to
be held May 25, 1938. Seconded by Com. Schnitker.
Motion carried. So ordered by the Chairman.
Chairman Hopkins said that the meeting was open to anyone
wishing to discuss this matter informally and invited anyone
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present wh I o was . 1 -1 nterested to speak.'
Mr. Dewey Souder submitted a letter,to the commission
answering some of the objections raised at,previous meetings
against fish-smokerw.
It was the opinion of the commission that this letter should
be read when-Mr. Tilton.was present and so was filed to be
heard at the adjourned meeting.
Chairman Hopkins said that he was very anxious to find
a way to allow this industry without its getting out of hand.
There is a legal point involved in the defining of.,a home
industry which will have to be cleared up. He would regret
very much seeing this industry made a permitted use and,have
it swallowed up by large concerns. Today it is unique and
colorful, we should keep it so. Ifithere are objections to
allowing thisindustry in the present locality It is up to
us to find the area where it can be.handled.
Mr. Briggs said that when the ordinance was drawn up, Mr.
Tilton had defined a home industry as any small business
operated either in the home or garage which would be a build-
ing other than the residnece proper. If fish-smoking could
be classified as a home industry, then big concerns could
not come in.
It was Mr. Whitson's opinion that a home industry could,be
conducted outside.the home structure.
Chairman Hopkins assured those present that the commission
would not take any action without notifying all parties,in-
terested. It is the intention of this commission to get
the two opppsing,elements together and try to find a solution
which will meet the approval of both.
FIRST HEARING ( ON AMENDMENT TO PERMIT SHOOTING GALLERIES)
Secretary read the notice of public hearing as published.
He stated that be had been promised information concerning
the regulating ordinance which he had not yet received.
Chairman Hopkins stated that Los Angeles has no ordinance
pertaining to shooting galleries specifically. The galleries
there are regulated by police power.
it was Com. Seager*s opinion that this commission should
outline in their resolution to the City Council those regula-
tions which they believe should be incorporated in the reg-
ulating ordinance; then the City Council has some idea of
what the desires of,the commission are in regard to the
regulations to be placed upon this use;
Com. Briggs said that the most important thing to that the
building wherethe galleries are to be housed should be
sound-proof.
Com. Patterson thought,the regulating ordinance should be
prepared and made public before action is taken by the
commission, then the public will know how the city proposes
to regulate this use.
Chairman Hopkins said he would not know how to vote until
he saw what regulations were to be placed upon the galleries.
Com. Patterson moved to continue the first hearing on�the
amendment to allow shooting galleries to the adjourned
meeting to be held May 25, 1938. Seconded by Com. Whitson..
Motion carried. So ordered by the Chairman.
SECOND HEARING CONTINUED (OR REZONING PARCEL "E ". CITY
• PROPERTY)
Com. Patterson presented the map which he had prepared
showing the property to be rezoned and on which he had in-
cluded the proposed street as a continuation of 10th St. in
Newport Heights along the toe of the bluff to the East boundry
of the City. He said that this is a 60 ft. street.
Com. Seeger inquired if the parcel thus formed south of the
proposed street would be large enough to accomplish the
purpose for which the city wished this area 'rezoned.
Com. Whitson said that it was.
Chairman Hopkins inquired if there was anyone present who
wished to speak on this matter. No response.
Secretary stated that notices had been sent to surrounding
property owners representing 41 lots. He had received no
protests.
Com. Patterson stated that the city has no definite deal
on this property at the present time and they will probably
not change the zoning unless some prospective sale requires
such rezoning.
Com. Briggs moved the adoption of Resolution No. 131 re-
commending that all that portion of Lot A,Tract 919, as shown
• upon a map recorded in Book 29, pages 31 to 34 inclusive, of `
Miscellaneous maps, Records of Orange county, California
described as follows, to -wit:
Beginning at a point in the southeasterly line of
San Bernardino Avenue, said point of beginning being 20 feet
northeasterly of the northeasterly line of the California
State Highway 80 ft. in width, as said San Bernardino Avenue
and said State Highway are laid out and shown upon said map
of Tract 919; running thence Korth 280 59' 30" east along
the southeasterly ling of said San Bernardino Avenue 450.75
feet; thence south 47u 15' 30" east 520.90 feet to the begin-
ning of a curve to the left; thence southeasterly along a
curve concave to the northeast with a radius of 530 feet, a
distance of 97.12 feet to a point in the southeasterly line
of that certain parcel of land conveyed to the City of Newport
Beach by deed, recorded in Book , page 3Z/ of Official
Records of Orange County, California; thence south 390 43`
30" west 318:18 feet to a point in the northeasterly line of
the existing State Highway 100 feet in width; thence north
610 00! 30" west along the last mentioned northeasterly line
of the State Highway 542.64 feet to the point of beginning;
• be rezoned from 8 -1 to C -1 and that the awe be transmitted
to the City Council by the Secretary and a copy filed as a
part of the minutes of this meeting.
Seconded by Com. Schnitker.
Passed by the following Roll Call vote;
Ayest Hopkins, Seager, Briggs. Schnitker, Patterson,
Now None. So ordered by the Chairman.
DISCUSSION OF LEASING CITY PROPERTY ON BAY FRONT AND
COAST HIGHWAY.
Com. Whitson presented orally for informal discussion a plan
• for a proposed trailer camp, boat ways and repair shop to
be arected upon city -owned property along the bay front and
adjoining the Coast Highway. Be stated that the promoters of
this plan wished to lease the property on a long term lease.
•
As this property is in a C -2 zone, to allow the machine shop
would require rezoning a small portion of the land adjoin-
ing the rvine property to M -1. He said that as the people
promoting this idea intend to spend about $$80,000 they
would want a.25 year lease.
Com.Patterson stated that the City owns three pieces of
Bay Front property and he would like to see at least part
of it developed as a public park to accomodate the transient
visitors to Newport rather than leasirg it for a project of
this kind. The city is going to have to do something to
relieve the residential area of the transient crowds and this
would be the ideal location to develop a public park. In his
opinion, the city should not tie up such a large portion of
bay frontage on a long term lease. The location of the boat
works as shown on the map of the proposed project would 'be a
detriment to the high class residential property which Mr.
irvine is developing at Bay Shores.
Upon inquiry by Chairman Hopkins, the Secretary reported''
that no communication from the City Council had been filed
with the Planning Commission.
After further discussion, Chairman Hopkins stated that
any communication which the city wishes to send the commission
should be filed with the Secretary of the Planning Commission
In a formal manner, then the matter can be considered formal-
ly. No further action could be taken at this time.
PLAN OF PARKING AREA AND CIRCULAR DRIVE,
Mr. Patterson presented the drawing prepared by Mr. Tilton
of the proposed Project for beautifying the ocean front and
providing parking area. Mr. Patterson explained the plan
and said that Yr. Tilton would like to discuss it further'
with the commission before any action is taken.
Chairman Hopkins stated that in the absence of yr. Tilton,
the comission would not present the plan for any formal
action at this meeting.
It was informally discussed.
ADJOURNMENT
On motion of Com. Briggs, seconded by Com.Patterson,
and duly carried, the meeting adjourned to Wednesday, May 25,'
1938 at 7:30 p.m. in the Council Clambers, City Hall.
Reepectfully submitted,
�Ve
Seager, Se tart',