Loading...
HomeMy WebLinkAbout06/07/1943The Nernort Beach City ' meeting in the-Council Ce,l.ifornia., on Monday, of Che.irma.n Hopkins, C Chairman pro ter.. Commissioners present: Planning Commission held an adjourned Chambers, City Hall, Newport Beech, June 7, 19431 et 3 P.y_ Iti the absence :)mmissioner Johnson continued to act as Seager, Johnson, Nelson, Patterson, Findlay, Campbell and Allen. " absent: Hopkins end Finch. Chairman Johnson opened. the hearing. Secretary Seager read the a.pplica.tion of J. 9 Barrett, stating that notice of anrlica,tion and of public hearing had been duly advertised. Mr. Eari 19. Stanley, property owner, presented letters from various property owners in support of Mr. Bs.rrett's applica- tion. He also made a brief statement in behalf of Mr. Bar - rett's application, end asked that the Planning,_; Commission, issue e. conditional hermit for the duration of the war plus six months, end that in the meantime, it appoint a, committee to study the district in which Mr. Barrett's property is loca- ted rith the view of deciding, what is best to.be done in the matter 'of rezoning: ' Secretary Seager then read the letters referred to by Mr. . Stanley from the following property owners: Jesma. Smith',.Mr. a.nd Mrs. Carl R. Anderson; Mr. end. Mrs. S.Benson; Glenn Croft; W. F. Neville, Foster Bryant; Earl W. Stanley -nd Mildred Stanley. 113 ROLL CALL A letter from Chairman C. Harold Hopkins was presented by Secretary Seager in which Mr. Hopkins requested that the same be reed to the member -s of the Commission and incorporated in the Mintates. Commissioner Patterson moved that the letter be read a,nd-incorpora.ted in the Minutes. Motion seconded by Commission- er Findley, carried. and so ordered. The Secretary then read the following, letter from Mr. Hopkins: 111707 East Bey Avenue Balboa, California. June 4, 1943. Newport Beech City Planning_ Commission c/o Dr. Howard W. Seager, Ba.lboe Island, California. Gentlemen: ' Because of a trip to SaCTament0, I shall be not.:be able to be present at the adjourned meeting' of the Commission at 3 P.M. Monda.y;.,.Julq 7, 1943, and I therefore request that you w'i 11 accede in this request that excuse my absence, a.nd if -you you permit me by this letter to state my position in regard to 114 the matter which I understand is to come before you. I have investigated. the ±ter at the site Pnd. have made myself fPmiliar ?pith the details. Mr. J. S. Barrett has made application for a conditional permit, his letter being dated May 82, 1943, and asks that he be per- mitted to install a contractor's nlx+nt, storage and repair yard on the southeasterly 5001 of Lot A of Tract No. 919, which area abuts the northeasterly boundary line of the Coast highway in the City of Newport Beach. This area is zoned partly Cl a.nd partly R 1. I would point out first, that the Commission can not legally grant such a, conditional permit, and that under Ordinance No. 440, the only wav Mr. Ba.rrett's problem could be solved to his satisfaction would be to amend the ordinance. This legal procedure is plainly set forth in the ordinance. In the next place, it seems to me that Mr.Bsx rett should at least stop work an4 not continue to break the City ordinance by proceed- ing with his plans to install a: contractor's yard in ®, C 1 zone. I would state very boldly and, bluntly that it is my opinion that Mr. Barrett is not acting in good faith or with the respect which is due the ordinance. The work yesterday, June 3, 1943, was pro- ceeding, although Mr. Barrett is under notice given by Inspector Nelson that his acts are contrary to the provisions of Ordinance No. 440. . The fineat building sites in the City are located ,just above and overlook this pro perty, and these sites will be reduced in value if a: more inferior use is :permitted than is allowable under p're-' sent zoning in the area, below and next to the highway. The only honest and fair way to consider the problem is under the heading of a.n amendment to the ordinance. The public will then be on notice as to what is to be considered and will be prepared to'def.end its rights in the zoning of the whole area.. I most emphatically urge upon the members, of the Committee thPt they .proceed legally and only after due notice is given to the public. To proceed otherwise is to be unfair to the citizens of the City and e-rossly partial to Mr. Barrett. I would ask that you place this letter in the body of your Minutes of this adjourned meetirF. Respectfully.submitted, C. HAROLD HOPKINS Chairman of the Newport Beach.City CHH:VAH Planning Commission." Chairman Johnson asked if there was anyone present wishing to be heard for or against the application. Mr. Barrett arose and stated that with reference to the letter just read from Mr. Hopkins there was some misunderstanding on the part of the L 115 'writer - that he had not continued to build after receiving notification to cease building, but that they were merely level- ling off the property from e. depth of to six or eight feet, which would'certa.inly be beneficial to the appearance of the highway. Ohairman Johnson again invited comments, remarking that he trusted there would be no regrets over not having done so when the opportunity was offered. Mr. Louis Brigze introducing himself to the Commission, stated that he thought this matter resolved itself into a matter of policy. He said he had a great deal of respect for'Ordina.nce No. 440 having given at least his "pound of.flesh" in its be- half. He said. the property in the area. involved was changing in char- acter, which had been anticinsted., end for that reason the zon- ing was held high rather than low, as it is always easier to lower than to increase the uses. He stated that in his capacity as representative of the Chamber of Commerce he would rather see conditional Hermits issued increasing the weight of uses in this district than to amend the Ordinance a.t this time when uses and conditions were stimulated by war conditions. He said he would even favor s conditional hermit with a. twelve months 'clause after the cessation of hostilities, so that uses would have time to settle down and anzr amendment thereafter would be of a more lastinz character. He said he realized there was no legal way to do this, but that he mould like to gee legislation enabling the State Planning Board to wive tempnrary permits for s.etivitifes connected with defense in a. manner which would not jeopardize the whole planning idea. later on. Chairman Johnson, asked Mr. Barrett how he figured his project was comparable with the Peyton Boat Company. Mr. Barrett replied that his company did not expect to manufacture anything for out- siders. He said that at present they were workinP one hundred percent for the army and na.vv; that they had P.. job•at'Templeton, one at Oxnard, one a.t March Field and. one for the California Gas Company in Los Angeles. He said they would not brine e.nv heavy equipment down here for repair as it would cost too much, but would handle only small equipment. He started that the build - ings under construction at the present time were only tempors.ry; but that he intended. building a. very nice type of office building, and that the property would be fenced in en attractive manner. Chairman Johnson called. upon City Attorney Thompson for his opinion as to the valid.ity of conditional permits in lieu of amendment to the ordinance. °fir. Thompson said he wss not famil- ia.r.with the matter at hand, but called attention to conditions 'in general due to wartime exigencies. He reminded the Commission that in the past it had granted conditional permits which he op- posed, but that the Commission wished to handle this problem in 116 this manner so that after the war it could cope more readily with the situation. He repeated that he was not familiar with III the particular matter under discussion, but that the Commission was PwRre of his position on conditional permits. A di- scussion on the possible rezoning of this area ensued. Commissioner Patterson stated that at the time the new zoning ordinance was under consideration no one requested R change in zoning and that, consequently, the area was left more or less as it was then zoned.. Commissioner Patterson moved that the hearing be closed. Motion- seconded by Commissioner Allen, carried and so ordered. Chairman Johnson invited comments from the Commission. Com- missioner Findlay said there was one point which he thought should be clarified. He said Mr. Barrett had stated that his company was working one hundred percent in defense work, and he would like to ask Mr. Barrett if it was not a fact that.in his particular line of business there was no other kind of work because of priorities. Mr. Barrett said that was true. Commissioner Allen moved that a resolution be presented to the City Council recommending that a conditional .hermit be granted, to Mr. Barrett. Motion seconded by Commissioner Findlay. Secretary Senger then made the following statement: He said ' that as City Attorney Thompson had remarked, the - Commission had granted two conditional permits in the past. He said it did so against the Citc Attorneyte legal opinion, but that the Commission in so doing had in mind an expression used by the City Attorney before that Body, — namely "an illegal ord- inance was just as good as a legal one, unless it was contest- ed". He said the Commission knew at the time it granted con- ditional permits they were taking an illegal action, but the action still stands uncontested. He said that, Personally, and he was sure the other members of the Commission were likewise influenced in granting these conditional .pettite:.by the fActi.tha.t local concerns within our city *ere'invcived in war contracts - for instance, the Peyton Bo?t Company which is building ships for the governmed, He said he did not think Mr. Barrett's case was comparable with the Peyton Boat Company. as Mr. Barrett is not engaged in war work in the Newport Beach area. He said that locating his central place of business here-was only a matter of convenience and not because he wqe doing war work in We vicinity. He said if Mi. Urrett could hot locate in any other place, he would be in favor of granting this conditional permit. He said he didn't want to apper to be opposing projects necessary to the-successful culmination of the war effort, but that Mr. Barrett was not engaged in essential war actifity in this e.Tea, and he' felt his yard could be located most any place else. He said he was not in favor of violating ' the ordinance any further than they had already done. 117 ' Commissioner Patterson said he felt` certain that the area in question would eventually be rezoned as the time was ap- proaching when the necessity to do so would arise. Secretary Seager replied thPt perhaps that was true, but that did not relieve the Commission of its responsibility, that the fact still remains the area, is otherwise zoned and if anyone in the district wanted it rezoned the proper procedure should be followed by public hearing. Chairman Johnson said that the Commission could not violate the ordinance in anticination of its being changed. Com- missioner Allen remarked thet the ordinance had already been violated by grs.nting conditional permits. Chairman Johnsor recalled his personal knowledge of the sit- uation which confronted certain beautiful residential sections in the City of Seattle, having been a- resident of that City for many years. He said people built beautiful homes and .ro and and about them compelling them to aband.en their ho:aes and move elsewhere. He said he would not be in favor of grenting the a.nplica.tion. ROLL CALL VOTE: ' Ayes: Nelson, Patterson, Findley, Cnn-bell and. Allen Noes: Seager a.nd Johnson. Motion carried and. so ordered. Commissioner Patterson moved. that the Secretary be instruct- ed to.prepare a resolution end present it to the City Council recommending the gra.nting of the conditional hermit. Motion . seconded by Commissioner Allen. Carried and so ordered. Secretary Seager pointed out that the Council wa.e to meet forthwith and therefore he would not have time to nrepare a.nd. present such a. resolution before the meeting. He sug- gested. that those members of the Council who participated in this meeting present the action of the Commission verbal- ly, and that he would prepare the resolution and file it with the City Council as soon as possible therea -fter. ADJOURNMENT Commissioner Allen moved thpt the meeting be adjourned. Motion seconded by Commissioner Patterson. Carried and so ordered. Re SP ctfully submit t-d HOWARD W. SEALER ' Secretary U