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HomeMy WebLinkAbout06/19/19400 I 0 JUNE 19, 1940 THE NEWPORT BEACH CITY PLANNING COMMISSION met in regular session Wednesday, June 19, 1940, 7 :30 p.m. In the Council Chambers, City Hall; Chairman Hopkins presiding. Meeting called to order by the Chairman. ROLL CALL Commissioners present: Hopkins, Allen,- Estus, Findlay, Patterson. Commissioners absent: Seager, Briggs, Hodgkin son, Williams. Building Insp. Nelson and Attny. Thompson,attended. MINUTES On motion of Com. Patterson, seconded by Com. Findlay and carried the minutes of meetings held May 15 and 29, 1940 were approved as wrlttem, i HEARINGS - Second Hearing on Rezoning Blk 634, Canal Section from R -2 to 0-1. Chairman Hopkins declared the second hearing on the rezoning of Blk 634, Canal Section, open for discussion and inquired if there was any discussion from the floor, Mr. Rogers, one of the petitioners, stated that by rezoning this.property to C -1 the type of building can better be controlled because it will then be in the first fire zone and buildings will have to be of fire proof construction. Chairman Hopkins stated that the only need expressed for rezoning has been to allow signs to be placed on this property. After further discussion by the commission, Com. Allen moved the adoption of Resolution NO-171 recommending to the City Council that the petition requesting the rezoning of Blk 634, Canal Section from R -2 to 0 -1 be denied and that the same be transmitted to the City Council by the Secretary as the recommendation of this commission and a copy filed as part of the minutes of this meeting. Seconded by Com. Patterson. Roll Call: Ayes: Hopkins, Allen, Estus, Findlay, Patterson. Noes: None. Motion carried and so ordered by the Chairman. second.Hearing on Billboard Ordinance Chairman called for the second and final hear- ing upon the matter of the proposed amendment to Ordinance 440 having to do with the erection, re- gulation and maintenance of billboards. He declared the hearing open for discussion. Mr. Marston of the California Oil and Gas Association stated that his company has no objection to the present form of the amendment except that it will be inconvenient to be required to get approval of copy for each sign change. Mr. McCaren of Foster and Slieser stated that he had discussed the present amendment with the company attornys and that they will reserve their opinion until the regulations are set up by the Planning Commission. I its present form, the amend ment is not objectionable. The city has established, certain business districts and every legitimate business has a right tg6perate therein. Mr. Hyer stated that the people of Corona del Mar feel that the commission is not giving them the ordinance they requested. In its present form, it does nothing at all to eliminate the billboards' objected to by those residents. °It was Attny. Thompson's opinion that the "no sign" ordinance could not be maintained. There can be no discrimination between businesses. The advertising business is just as legitimate as any other business and cannot be discriminated against. The effect of the present proposed ordinance would be perhaps better than the no sign ordinance for the reason that it will eventually eliminate ob- jectionable signs in Corona del Mar by reason of the fact that persons maintaining signs will have to come to this Body to get permission for recopy. In this manner a great many signs can be eliminated If regulations are set up that are fair but stringent If reasonable regulations are adopted the ordinance will be held valid, if we make the regulations unreasonable it will be held invalid. ` Chairman Hopkins said that if this ordinance will permit the regulation of the advertising business in a satisfactory manner it is a good ordinance. Com. Estus moved the adoption of Resolution No. 172 recommending to the City Council the adoption of the proposed amendment to Ordinance 440 having to do with the regulation, erection and maintenance of billboards in the City of Newport Beach. Irz 777717 "M Seconded by Coma Allen. Roll Call: Ayes: Hopkins, Allen, Estus, Findlay, Patterson. • Noes:, None. Motion carried and so ordered by the Chairman. Variance Application of 0. D. Gibbs The application of Mr. 0. D. Gibbs for a 100% side yard setback variance on Lot 2, Blk 7, Section 5, Balboa Island was read by the Asst. Secretary who stated that the hearing had been advertised; plans posted, surrounding property owners notified and all other requirements of the ordinance complied with. Chairman declared the hearing open for discussion. No protests or communications were received on this matter. The opinion of the commission was that a 100% variance could not be granted since it would be a violation of the state building -law. Mr. Gibbs was present and stated that the variance was necessary to allow construction of a garage adjoining his residence. The wall of the garage will be fire proof and have no open- ! ings on the north side. He felt that his request was reasonable inasmuch as other buildings on the Island have been built to the lot line, and there have been no protests from surrounding property own- ers. Building Inspector Nelson informed Mr. Gibbs that if the garage were separate and apart from the house, it could be built to the .lot line providing there was a sufficient area open for a rear yard, but in this case it is to be attached to the house and therefore it would be a violation of the state law. Com. Estus moved the adoption of Resolution No. 173 recommending that a 50 %, 18" side yard setback variance be granted to 0. D. Gibbs on Lot 2, Blk 7, Sec 5, Balboa Island and that the same be transmitted to the City Council as the recommendation of this commission and a copy filed F as a part of the minutes of this meeting. Seconded by Com. Patterson. Roll Call: Ayes: Hopkins, Allen, Estus, Findlay, Patterson. Noes: None. Motion carried and so ordered by the Chairman. Variance Application of Bessie S. Pullen The application of Bessie Pullen for a 100% side yard setback variance on Lots 20 and 22, Blk 431, Corona del Mar for the purpose of construction of a garage was read by the Asst. Secretary who stated that the hearing had been advertised, plans posted, surrounding property owners notified and all other requirements of the ordinance complied with. No protests or other communications were received in connection with this hearing. It was the opinion of the commission that this variance, could not be granted since it would be in violation of the state law, this being a similar case to the Gibbs variance. After some discussion, Com. Estus moved the adoption of Resolution No. 174 recommending that , a 50 %, 18" sideyard setback variance be granted to Bessie S. Pullen on Lots 20 and 22, Bik 431, Corona del Mar and that the same be transmitted to the City Council by the Secretary as the re- commendation of this commission and a copy filed as part of the minutes of this meeting. Seconded by Com. Findlay. Roll Mall: • Ayes: Hopkins, Allen, Estus, Findlay. Noes: Patterson. Motion carried and so ordered by the Chairman. Second Hearing on Establishin a ft: Set ack on B boa and C arms Is nds Chairman declared the hearing open for dis- cussion. Mr. Grainger Hyer speaking from the floor declared that, since the commission has granted so many 50% front yard variances on the Island, the only fair and just thing to do is to grant every to on the Island a 5 ft. setback. Com. Patterson presented the maps prepared by :' his department upon which were shown all setbacks on the Island. He explained the map to the com- mission pointing out the various setbacks on the blocks. It was suggested that a setback line might be , established for each block taking the average set- back of the existing buildings. Attorney Thompson advised the commission that it would not be legal to establish setbacks on certain streets. To do this it will be necessary t' adopt a new ordinance and a new map. You can in- crease but not decrease restrictions without having a discriminatory ordinance. The way Ordinance 440.,' is framed such change is impractical. Chairman Hopkins suggested that the commission request the Secretary to forward to the City Council a request that the City Attorney be author- ized to re -draft Ordinance 440. Com. Patterson so moved. Seconded by Com. Allen.' Motion carried and so ordered by the Chairman. Com. Patterson stated that the work on the district maps can be completed in about 2 weeks time. When complete they will show both zoning and setbacks. Com. Estus moved that the Chairman appoint committees for the different districts to work with Com. Patterson for the purpose of going over the setbacks and establishing same. Motion carried and so ordered. Com. Patterson moved that the Secretary be in- structed to write a letter to each member of the commission suggesting that, If they have any suggestions for the new zoning ordinance, they communicate same to the City Attorney. • Seconded by Com. Estue. Motion carried and so ordered by the Chairman.' Com. Estus moved that the second hearing on establishing a 5 ft. front yard setback on Balboa and Channel Islands be continued indefinitely or until such time as Ordinance 440 is revised. Seconded by Com. Allen. Motion carried and so ordered by the Chairman. Application of A. S. Richardson for Rezoning_ Asst. Secretary read an application from A. S. Richardson for rezoning of property located between Bulkhead Station 104 and 105 and Bayside Drive from R -1 to C -2. This application was refer- red to the Planning Commission by the City Council.` Attorney Thompson stated that only the owner of property may apply for reclassification of that property. Com. Patterson moved that the Secretary be • instructed "to advise Mr. Richardson that it is necessary for the owner/of the property to request a change in zoning. Seconded by Com. Estus. Motion carried and so ordered.' 0 Tentative dap of Tract 1061 Com. Estus presented for approval by the Commission a map of a proposed subdivision of property owned by the American Legion Corp. a Attny. Thompson said there is still a question of the legal ownership of this property which will be settled within a short time.. Com. Estus moved that the tentative map of Tract 1061 be tabled for 30 days. Seconded by Com. Findlay. Potion carried and so ordered by the Chairman.„ Tentative Ma oP Tract 1011 om. Patterson presented the tentative map of :y a porposed subdivision of the Strobridge property west of the Arches known as Tract 1011 referred to the commission by the Orange County Planning Com- mission. He explained that it is the same amp that -came before the commission some time ago and which was disapproved at that time because it did not show sufficient water supply and facilities for sewage disposal. In his opinion it cannot be approved at this time as there is still no evidence'. of proper sewage facilities to take care of the tract. y Com. Estus moved that the Secretary be.author -" ized to appear before the Orange County Planning` Commission pertaining to the Strobridge Tract 1011 and raise a strenuous objection to it and also to file with them written objections to the same. Seconded by Com. Allen. Motion carried and so ordered by the Chairman.' Subdivision Ordinance Com. Patterson presented the tentative draft of the subdivision ordinance as prepared by his com- mittee and moved that the same be referred to the City Attorney for final draft. Seconded by Com. Allen. Motion carried and so ordered. ADJOURNMENT - On motion of Com. Estus, seconded by Com. Patterson and carried the meeting adjourned. Respectfully submitted, HOWARD W. SEAGEWSecretary.