HomeMy WebLinkAbout09/17/194133
ISeptember 17,1941
THE NEWPORT BEACH CITY PLANNING COMMISSION met in regular session on Wednes-
day evening, Sept. 17, 1941 in the Council Chambers, City Hall, Newport
Beach, Calif., Chairman Johnson presiding. Meeting called to order by the
Chairman.
ROLL CALL: ROLL GALL
Commissioners present: Findlay, Hopkins ,Hall,Allen,Johnson,Seager,
Patterson and Nelson
absents. Estus.
The Chairman called for consideration of the minutes of the meeting of 'MINUTES
Aug. 20th, 1941. Can. Hopkins moved that they be adopted as written.Secondt
ed by Com. Allen. Motion carried and so ordered.
Under this head, the Secy. said that he had nothing special to.take up
but that which would be taken up in the usual order of business.
Secy. Seeger advised that he had occasion to advertise two different PLANNING
hearings. In one instance, he did not have the data in his possession and 'COMMISSION
the other application was made at a time too late to publish in the paper ADVERTISING
designated as the official paper. He advised that he had taken the liberty
of placing the advertisements in the other paper, which is published twice
a week. He advised that if he had not done this, the hearings would have
either gone over a full month or special hearings would have - been necessary.
Secy. Seeger said that inasmuch as the applicants paid for the advertisements,
the money passing through the City's hands, he 'felt th6t it was his duty to
serve the interests of.the citizens and that be-also felt it was clearly his
duty to get such things before the Commission as quickly as possible.
Chr. Johnson stated he believed the circumstances warranted the action
taken. Cam. Patterson inquired whether the City Attorney had been consulted]
before such action was taken.and added further, that legal publications
should be put in the official paper. Secy. Seeger replied that the ordinance
states that the publishing of legal matters should be done by a local paper
in the community. Com. Allen stated that he believed we should have a ruling
from the City Attorney. Com. Pattersou.stated that he believed it would be
best for the protection of the citizens who make applications to the Planning
Commission that we have a ruling from.the City Attorney .... he further re-
marked that if the publishing of the notice were not legal, the hearing would
not be considered legal.
Com. Hopkins made a motion that the Secretary be authorized to use his
discretion in placing advertisements so that they will serve.all parties beat
and further moved that the City Attorney be consulted on the matter. Cam.
Patterson seconded the motion, adding that it was for the protection of citi,-
tens making applications. Motion carried and so ordered by the Chairman.
Com: Patterson then added that he honestly thought that to protect the
applicant, the question should be cleared up right then and that Mr.Thompsou
be telephoned for a ruling on the matter. Mr. Thompson, the City Attorney,
was then called for a ruling and both Chr. Johnson and Secy.Seager listened
in and reported back to the Commission that the City Atty. had advised that
' the - notice was legal and that it was proper to proceed in this instance.
Secretary read the request of Mr. B.B.Brewer for a conditional building HARING ON RE-
permit and 50% (51) front yard setback variance on Lot 3, Blk. 4, Sec. 2, QUEST OF B.B.
Balboa Island and advised that the hearing had been properly advertised, BREIVM
plans posted, notices sent -to 15 surrounding property owners and all other
.requirements of the ordinance complied with. The Secretary further advised
34
I HEARING ON
REQUEST OF
B.B. BRE'y:^R
( Continued)
that one written protest had been received from Mr. Morris B. Pendleton of
Box 3519, Terminal Annex, Los Angeles, Calif.
Chr. Johnson inquired if anyone present wanted to talk for or against
Mr. Brewer's request. No one present objected to the request. Mr. Brewer
and his building contractor, Mr. Geo. McFarland were present. Mr. Brewer
introduced himself, explaining that since it was his first visit to such a
meeting, he did not know what to tell the Commission but explained that Mr. '
McFarland would explain the reason for the request, which Mr. McFarland did.
After some discussion during which the Commission question Mr. McFarland
and Mr. Brewer, Cam. Allen moved the adoption of Resolution #193 recommend-
ing that Mr. Brewer be granted a conditional permit and 50,% (51) front yard
setback variance on Lot.3, Elk. 4, gee. 2, Balboa Island and that the same
be transmitted to the City Council 'fir the Secretary as the recommendation
of this commission and a copy filed as part of the minutes of this meeting
Com. Hopkins seconded. Chairman Johnson called for a Roll Call vote.
ROLL. CALL:
Ayes: Allen, Seeger
Noess Findlay, Hopkins, Hall, Johnson, Patterson, Nelson
Motion defeated.
After the result of the Roll Call vote was learned, the matter was- discussed
further and Cam. Findlay moved the adoption of Resolution #193 recommending
that Mr. Brewer be granted a conditional building permit and 40% front yard
setback variance on Lot 3, Elk 4, See. 2, Balboa Island 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.
Commissioners Hall and Findlay seconded. Chairman Johnson called for a Roll
Call vote.
ROLL CALL:
Ayes. Findlay, Hall, Johnson, Patterson
Noes: Hopkins, Allen, Seeger, Nelson
Tie Vote - Motion did not.carry.
After still further discussion during which the fact that a party who had '
sent in the written protest, Mr. Morris B. Pendleton, lived a block away
and not next door as had been the impression of most of the Commission mem-
bers, was clarified. Cam. Hopkins moved the adoption of Resolution #193
recommending that Mr. Brewer be granted a conditional building permit and 50%
(51) front yard setback variance on Lot 3, Elk. 40 Sec. 2, Balboa Island 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. Com. Allen seconded. Chr. Johnson then called for the
third Roll Call Vote on this matter.
ROLL CALL:
Ayes: .Hopkins, Hall, Allen, Seeger, Nelson
Noess .Findlay, Johnson„ Patterson
Motion carried and so ordered by the Chairman.
FIRST HT.A=7a 0: �X- The matter of the proposed extention of C-1 Zone on the westerly side
TENSION OF C-1 ZO- ,,VX.Central Avenue from its present termination at Findley Avente northerly
Or* ,% STS' y g "'- SIDE —to Short St. was called for the first hearing, this being an Amendment to
OF CENTRAL AVE, Ord• 440• Mr. R.H.Rogers of 600 Clubhouse Ave. was present and stated
FROM ITS. PR SENT_ that while he was in favor of the amendment, it was his suggestion.that
TERL'INATION AT the rezoning be carried through to the bridge due to the fact that the
FINLEY AVEIRM buildings in that and of town.were.shacks and a G-1 zone through to the
NORTH W TO SHORT bridge would eventually result in. good looking business buildings.
STREET. Mr. Fred Maskey stated that the city was in need of business property
in that particular spot and stated that he referred only to the area in-
cluded in the proposed amendment. He stated further that several proposed
buildings had been planned for this block and that it was now only a wetter
of.putting, the amendment through as soon as possible.
. Cam. Patterson made a motion that the matter be continued to second
hearing, which motion was seconded by Cam. Allen. Mr. Sam %insfather stated
that he did not want to rush the procedure but that time was of vital impor-
tanoe. Gom.Findlay suggested that the motion be amended to include Oct.lst
1941 as the date of the second hearing. The motion carried and was so ordered
35
Secy.Seager read a letter from the Orange Co.Planning Commission in whitj��ZTER
they enclosed a revised tentative map of the proposed Strobridge subdivision FROM
Secy.Seager explained that the subdivision involved, is outside of the city :ORANGE COUNTY
limits and in accordance with the statutes, is referred to the Newport Beach PIANNING
City Planning Commission for either our approval or disapproval.•.whieh is COMMISSION
to given within 45 days. He added that if we do not do anything about it, itl RE:
will be assumed that we approve of it. Com.Patterson made a motion thattthe 'PROPOSED
Secretary be instructed to advise the Orange Co. Planning Commission that we STROBRIDGE
disapprove of the proposed Strobridge Subdivision in accordance with the ISUBDIVISION
terms set forth in our previous communication. Motion seconded by Com.Findlay.
At this point, Mr. Fred Maskey stated that he owned much property across the
channel from the proposed subdivision, within the city limits and that he
was opposed to having cess pools put in across the channel from his property .
which would be necessary since Mr. Strobridge, he knew, was opposed to annex-+
ing his property to:the City of Newport Beach in order to obtain city sewage
and water.
Com. Patterson stated that Mr. Strobridge would be able to solve all of
his problems by annexing to the city in order to get water and sewerage and
that the matter had been discussed with Mr. Strobridge who stated that he
did not want to and does not intend to annex to the City.... further, he stated
that Mr. Strobridge would be creating a channel, causing mudholes which would
become a problem.
Com. Hopkins stated that he would like the minutes of this meeting to
show that the disapproval of the Commission is based on the facts stated by
Com. Patterson. Secy. Seeger than urged Mr. Maskey to make his protest in
writing so that it would become part of the record.
Chr. Johnson then referred back to the motion made by Cam. Patterson,
seconded by Com. Findlay on this matter. The motion was unanimously carried
' and it was so ordered.
Com. Patterson showed the Commission the map covering the proposed work REPORT ON
to be done in the lower bay. He then gave his report on the proposed work ORANGE COUNTY
to be done, which report, he explained, had been requested by the Board of I HARBOR -
Supervisors. Cam. Patterson went on to advise that the papers had played up I NEWPORT
the story that in a National. Emergency, the light craft of the Navy might the
use the harbor but added that it was not the purpose to build a Naval Harbor
here. He explained that the hearing for which these plans were drawn up
would be held on September 24th, 1941. Comm. Patterson said that in asking the
assistance of the United States Government, in any project, all the endorse
ments that could be secured, help a great deal in that they prove that the
people of the locality are interested in which is going on there.
Cam. Hopkins made a motion that the Planning Commission endorse the work
of Com. Patterson and that the Secretary be instructed to write a letter to
that effect.
Commissioner Hopkins said that if the Commission were willing to make him
a delegate to the State Meeting at Sacramento, he would be glad to attend i.T STATE
that capacity, at his own expense. Secretary Seager made a motion that the MEETING
Newport Beach City Planning Commission select as its delegate to the State
Meeting ... Com. Hopkins, and further, that he be furnished with a Certificate}
Cam. Allen seconded. Motion carried and so ordered by Chairman Johnson.
Can. Allen made a motion that the Commission adjourn until October lst.j ADJOURNUENT
' Motion seconded by Com. Patterson. Motion carried and so ordered.
Re ectfully /submitted
HOWARD. W. SEALER,
Sec