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HomeMy WebLinkAbout08/19/194854 The Newport Beach City Planning Commission held a regular meeting, Thurs- day, August 19, 1948, with Chairman Longmoor presiding. ROLL CALL Commissioners present: Copelin, Daniell, Ellerbroek, Johnson, Longmoor, Rudd and Wightman. Commissioners absent: Baltz and Pleger. MINUTES Commissioner Johnson made the motion for approval of the minutes of the meeting of July 15, 1946, as read, which was seconded by Commissioner Rudd and carried and so ordered. PUBLIC Final hearing was held upon the application of Mrs. Nell Cary for the re- HEAR'NGS zoning of Lot 1 and 2, Block 14, Balboa Tract, (901 East Central), from R -3 classification to C -1, for the parpose of installing offices for professional people. Secre #ary Ellerbroek read a letter of protest from the Balboa Peninsula Association, signed by Mrs. Carol Ann Jones, and a petition in. favor, received and previously read at the last meeting. Com- mittee report was given by Commissioner Copelin, who stated that the com- mittee of Commissioners Johnson, Nelson and himself had met at the pro- perty and concurred that the property would present a very bad traffic problem if rezoned, that the only way to use the parking space provided would be by backing in and /or out on to Central Avenue, and also, that the committee is not in favor of extending 0-1 zoning, and the conclusive opinion of the committee to deny the application. Commissioner Johnson agreed as being opposed to "spot zoning ". After discussion, Commissioner Copelin made the motion to close the hearing, seconded by Commissioner Johnson, which carried, and Commissioner Copelin made the motion, which was seconded by Secretary Ellerbroek, that the Commission recommend the denial of this application for the reasons that (1) the granting of same would constitute "spot zoning ", (2) no adequate 'off- street parking' is provided, and (3) the building does not seem suitable for offices for professional people. Chairman Longmoor called for roll call vote, AYES: Daniell, Ellerbroek, Johnson, Longmoor, Rudd and Wightman. NOES: None. ABSENT: Baltz and Pleger. Final hearing was called on the proposed amendment to rdinance No. 525, relative to "off- street parking ", which Secretary Ellerbroek read, as advertised, and as recorded in the minutes of the meeting of June 17, 1948. No comments were heard from the £loom or received. Commissioner Johnson made the objection that "professional offices" is misleading, and too broad, that permits should be limited to doctors and dentists, and that professional offices should not be permitted in apartment houses, and should only be permitted in C -1 zoning. Mr. Nelson asked if attorneys offices could or should be included. Commissioner Copelin agreed that as written the proposed amendment is too broad and Fives the Commission dis- criminatory powers, and "think this means that the Commission can at its discretion approve conditional permits ". Secretary Ellerbroek also agreed and that "this does not specify the type of professional offices ". Commissioner Copelin made the motion that.the hearing be closed, which carried, and then CommisAioner Johnson made the motion, seconded by Com- missioner Ellerbroek that action be tabled to the next meeting and that a committee of three members be appointed to study the matter and readver- tise for hearing at the next meeting on Sept 16, 1948. Motion carried and so ordered, and Chairman Longmoor appointed the committee as Commiss- ioners Johnson, Copelin and Ellerbroek. Hearing upon the application of Mr. George P. Thompson for a conditional permit for the operation of a "self- service Nasherette" on Lots 4 and 5, Block U, Tract 323, Corona del Mar, was declared, same having been dilly filed and advertised. Secretary Ellerbroek read the application. No pro - tests were heard from the floor nor were any received. Committee report by Commissioner Baltz was not heard, due to his absence, but Chairman 5� Longmoor stated that he had contacted Commissioner Baltz and that kA had re- ported to him that'the committee found no objections, to which Commissioner Copelin agreed, as did Commissioner Johnson. Yuch discussion followed, after which Commissioner Copelin made the motion, seconded by Commissioner Johnson that the -hearing be closed, which carried, and Commissioner Copelin made the motion, seconded by Commissioner Daniell that the Commission recommend the approval of this application, on the following conditions, (1) that the busi- ness for which this permit is applied for be located and operated on the pre- mises designated in the application and shown as Store No. 2, of the plans of the building attached and marked "Exhibit A", (2) that the terms of a propos- ed lease to be executed by the applicant and landlord, a copy of which is attached and marked "Exhibit B ", (3) that adequate "off- street;:parking" be provided for the needs of the proposed "off- street parking" area as shown in the plans attached and designated as "exhibit C" be made a condition of this permit, and (4) that the business be operated in an orderly, clean and sani- tary manner. Motion carried by the following roll call vote, AYES: Copelin, Daniell', Ellerbroek, Johnson, Longmoor, Rudd and Wightman. NOES: None, AB- SENT: Baltz and leger. Hearing was declared upon the ap-lication of The Irvine Company for two con- ditional permits to build and operate automobile display rooms for complete automotive sales and serviee on the property described as follows, PARCEL L: A parcel of land lying in Lot 1'1 of Block 54 of Irvine's Subdivision of Ranchos San Joaquin and Lomas de Santiago and Flint and Bixby's Allotment of Rancho Santiago de Santa Ana, as shoon on a map recorded in Book 1, Page 88 of Miscellaneous Maps, records of Orange County, California, more particular- ly described as follows, to -wit: Beginning at a point in the northerly right of way line of California State Highway ORA -60 -B as laid out and improved by the State of California in 1931 and as described in deed dated April 29, 1931 and recorded in Book 487, Page 3 of Official Records, records of Orange County California, said point being opposite Engineer's centerline Station 24 x 66.67 thence North 20 43' 00" West 151.36 feet; thence South 886 04' 39" West 239.42 feet; thence South 10 18' 19" West 149:01 feet to a point in the northerly right of way line in said State Highway; thence easterly following said north- erly right of way line along a curve concave northerly and having a radius of 2450 feet throtgb a central angle of 40 O1' 19" an arc distance of 171.98 feet (to the true point of beginning; thence westerly along the northerly right of *delete be- way line following a cruve concave northerly and having a radius of 2450 feet tween O through a central angle of 5050' 47" an are distance of 250 feet to a point from which point a radial line bears North 70 09' 06" East 123.54 feet; thence North 880 04' 39" East 237.36 feet; thence South) to a line tangent; thence North 870 17' 00" East 78.02 feet to the point of beginning. PARCEL 2. A par- cel of land lying in Lot 171 of Block 54 of Irvine's Subdivision of Ranchos San Joaquin and Lomas de Santiago and Flint and Bixby's Allotment of Rancho Santiago de Santa Ana, as shown on a map recorded in Book 1, Page 88 of Mis- cellaneous P;,aps, records of range County, California, more particularly des- cribed as follows; to -wit: Beginning at a point in the northerly right of way line of California State Highway ORA -60 B as laid out and improved by the State of California in 1931 and as desmribed in deed dated April 29, -1931 and recorded in Book 487, rage 3 of Official Records, records of Orange County, California, said point being opposite Engineer's centerline Station 23x88.65 thence westerly along said northerly right of way line following a curve con- cave northerly and having a radius of 2450 feet through a central angel of 40 01' 19" an are distance of 171.98 feet to the true point of beginning; thence westerly along the northerly right of way line following a curve con- cave northerly and hating a radius of 2450 feet through a central angle of 50 50' 47" an arc distance of 250 feet to a point, from which point a radial line bears North 70 09' 06" East 123.54 feet; thence North 880 04' 39" East 237.36 feet; thence South 10 18' 19" West 149.01 feet to the point of begin- ning. .Secretary Ellerbroek read the application, and no protests were reeeiv- 56 ad or heard-, and Commissioner Johnson requested Chairman Longmoor to ex- plain the conditions, who stated that the annlicants, the Newport Harbor Motors and Culbertson Chevrolet Incorporated, "must be in a position to supply all types of service, and our Ordinance No. 525 limits this to M -1 classification zoning, and, some of the members of the Commission thought it possible to allow this through a conditional permit, rather than through rezoning. Irvine leases are restrictibe and will not per- mit unsuitable conditions ". Commissioner Johnson however stated that the question is "is this the practise` of other cities ?" Commissioner Daniell pointed out that C -1 zoning provides for automobile display rooms. Secretary Ellerbroek stressed that body work on automobiles should be done inside, and, Commissioner Johnson pointed out that Theo Robins, the Ford agent, was compelled to move to an M -1 zone for this work. Chairman Longmoor stated that the Balboa Bay Club voiced no objections, and that notices of this hearing were sent to the City of Newport Beach and other adjacent owner, to ,,hich no objections were made, but, Commissioner John - ,:on stated t at he felt the matter should be tabled for a second hearing. Commissioner Daniell made the motion, seconded by Commissioner Copelinr that the hearing be closed, which carried, and Commissioner Copelin_ made the motion, seconded by Commissioner Wightman that the Commission recom- mend the approval of this application on the following conditions, (1)' that the busiress for which this permit is applied for, be located and operated on the premiese designated in the application and as shown on the plot plan attached and designated as "Exhibit A" and (2) that the con -, ditions of paragraph two "Use of Premises" of a proposed lease between The Irvine Company and the lessees attached and marked " Exhibit B" be made one of the conditions of the permit, (3) that the floor plans and the building plan for the construction of the buildings be comparable to the plans attached and marked "Exhibit C ", (4) that adequate "off- street park- in-"' be provided for the proposed businesses involved in the application, that the .proposed "off- street parking" area consisting of two parcels, one on each side of and adjacent to the property, each parcel being fifty feet wide and extending the depth of the property as shown on "Exhibit C" be made a part of this permit, and (5) that the design of the buildings and the front elevations be comparable to those shown in the sketch attached and marked "Exhibit D ". Motion carried by the following roll call vote, AYES: Copelin, Daniell, Ellerbroek, Longmoor, Rudd and Wightman. NOES: Johnson. ABSENT: Baltz and Pleger. Hearing upon the application of R. J. Weston for 50``� setback cariance on Bay Avenue and 50% setback variance on the alley for the westerly 30 feet of Lots 1 and 2, Block 5, East Newport Tract, Newport Beach, was declared, same having been duly filed and advertised. Mr. Weston was present and ex- plained the problems of his property. Commissioner Rudd pointed out that the lots as divided do not give enough room, and 1,;1r. Nelson reminded the Commission that the 0ity Attorney's ruling that a portion is sold then the remainder must have a total area of 4,00 square feet, which this lot does not have. A Mr. Wright, adjoining owner, stated that he would rather see the lot developed and improved than left vacant. Chairman Longmoor ex- plained to 11r. Weston that if the Commission approved this application and it be granted by the Council, that the Building Inspector would not be per- mitted to issue a building permit. Mr. Weston explained that the lots were subdivided May 12, 1947. Commissioner Copelin explained.and expressed the wish that the City Attorney rule on this matter, and Chairman Longmoor suggested that this be held over to get a ruling, to which Mr. Weston agreed after which Commissioner Rudd made the motion, seconded by Commis - sioner6opelin, and which carried, to set this to the next meeting for action, pending ruling by the City Attorney. So ordered. 57 An application for a license for an auto -paint shop at 1106 Coast High - NEW BUSINESS way, Corona del Mar, was referred by the City Council, to the Commission, for investigation. Discussion brought out that there would be no objec- tion to a paint shop, but the question would be whether- there:could'..be ' any body work connected with the process of the paint work. Commission- er Daniell made the motion, seconded by Commissioner Rudd that the mat- ter be tabled to the next meeting for further study, and for the appli- cant, William IA. Irwin, to be present at the meeting. Motion,carried, and so ordered, and Commissioner Copelin suggested that a letter be written to Mr. Irwin to this effect. Chairman Longmoor requested the Commission as a whole to give the matter some study. A Mr. Anderson, property owner in Corona del r +lar, was present, with the problem of determining the number of units permitted, whether four or five, on his property, which consists of the NE 10 feet of Lots 13, 159 17, and SW 10 feet of Lot 19, on Marguerite Street, and discussion brought out that this is again a phoblem of lot areas and zoning, so he will be permitted only four units. Mr. Tubbs was also present with a setback variance problem, and was in- structed to file properly if he desired action. Another property owner , Mr. McIntyre, was present, with the pr4lem of ownership of a lot, on which the present building is non - conforming, and whether rebuilding would require conformance or whether same could be reconstructed as non - conforming. He was informed that any new structure must conform. Chairman Longmoor informed the Commission that the annual election of ELECTION OF officers, scheduled for last meeting, and tabled to this time, required OFFICERS the election of a new chairman and a new secretary. Commissioner J hn- son immediately nominated Commissioner Longmoor for reelection as chair - man,,which was seconded by Commissioner Copelin, and then Commissioner Daniell made.the motion, seconded by Commissioner Wightman that the nom- inations be closed and that the Secretary cast a unanimous,vote for Com- missioner Longmoor. Motion carried and so ordered, and Commissioner Longmoor was reelected chairman for year of 1948 to 1949. For the office of secretary, just vacated by Commissioner Ellerbroek, and who stated that he would be compelled to.decline reelection, as he nominated Commis- sioner Copelin. Commissioner Rudd seconded this motion, and-Cdrdnissioner Ellerbroek then made the motion for the closing of the nominations, and 6 unanimous vote for Commissioner Copelin for secretary, which was sec- onded by Commissioner Daniell and carried and so ordered. Chairman Long - moor expressed his appreciation of the honor again bestowed on him, as did Commissioner Copelin, and, Chairman Longmoor also expressed his app- reciation to Commissioner Ellerbroek for his untiring work as chairman of the committee for obtaining and selecting a Planning Consultant. Motion for adjournment was made by Commissioner Daniell and seconded by ADJOURNMENT Secretary Copelin, which carried and so ordered. Respectfully submitted, Ray Y.' pelin, Secretary mbc