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HomeMy WebLinkAbout10/18/1945227 The Newport Beach City Planning Commission hold a regular meeting on Thurs- day, October 18, 1945, in the Council Chamber, City Hall, Newport Beach, ' with Chairman John M. Allen, presiding. Commissioners present: Allen, Baltz, Ellerbreek, Longmoor, Patterson, "end ROLL CALL Seeger. Commissioners absents Isbell, Johnson, and Nelson. Commissioner Belts made the motion, seconded by Commissioner Lougmoor that MINUTES the minutes of the meeting of September 209 19459 be approved as corrected by Commissioner Seagar, i.e., motion for adjournment seconded by Commission- er Longmoor, not by Commissioner Isbell, who made the motion. Motion earr- isd and so ordered. Secretary Ellerbroak read a letter from City Clerk Rinehart, as follows: COMMUNICATIONS nPlease be advised that C. Lewis.Baltz was appointed by Mayor Hall to suc- ceed himself as a member of the Planning Commission for the ensuing,term of four years from July 1, 1945." Letter was filed. Also read by Secretary Ellerbroek was a letter from R. T. Hubbell, request- ing that his petition for rezoning of Lots 26, 27, and 28, Tract 444, First Addition, Newport Heights, be withdrawn, (same having been called and heard at first hearing on September 20, 1945). Commissioner Baltz made the motion seconded by Commissioner Ellerbroek, that this petition be withdrawn. Mot- ion carried, and so ordered. First hearing upon the matter of a petition of property owners of Newport PUBLIC Heights, for a change of front yard setback line of Lots .1 to 9, inclusive hME Block 139 FirstAddition to Newport Heights, from 51 to 101, was declared. All except one property owner of the nine lots had signed the petition, and no protests were heard or received+ therefore Commissioner Baltz made the motion, seconded by Commissioner.Longmoor, that the hearing be closed and passed to second hearing. Motion carried, and so ordered. First hearing upon the matter of the application of @P. Cloyd Snyder, re- questing a change of setback line from 10+ to 51 for Lot 40, Block "A ", Tract 673, Corona Del Mar, was declared. As no protests were heard or re- ceived, Commissioner Seeger made the motion, seconded by Commissioner Belts that the first hearing.be closed, and passed to second hearing. Carried. Secretary Ellerbrosk read a letter, a carbon copy, from Miss Kate McCann NW BUSINESS 200 Emerald Street, Balboa Islands dated October 81 1945, and addressed to City Attorney Roland Thompson,(copies to City Council, City Building In- spector, and the Planning Commission)i requesting an interpretation of or- dinance 525 "paragraph (a) Sec. 5, R -2, with particular emphasis. on sub- division 2 thereof, which permita a "two family dwelling only as provided in paragraph (c) of this section ", with further attention to paragraph (a), Sec. 10, dubdivision 1, which provides for 'renting of rooms, - -'in a dwelling as an accessory use to that of its occupancy as a dwelling of the .character permitted in the respectite districts'n. Miss McCann explained that there seemddito be a difference of opinion to its meaning, to -wit: 'that irrespective of the fact that more than two.families live on a lot located in an R-2 district, so long as there are but two kitchens on such lot, apparently the Ordinance is not tiolated'. Miss McCann further stated that she realized that the request should be directed to the office of Building Inspector, but was not satisfied with the explanations received when doing so numerous times in the past; and summing up her communication with $is there no restriction as to occupancy of a structure on a lot in an 228 R -2 district?' The reading of this letter was followed by that of a let- ter from City Attorney Thompson to Miss McCann, acknowledging receipt of her letter and advising her that he was not permitted to advise or inter- pret the ordinances of the City of Newport Beach, and suggesting that she take the matter up with the proper department, either the Building Inspect- or or the Planning Commission; his explanation being that he represented the Ciyt of Newport Beach as City Attorney and that his duties were to advise the Council and the different department.-.heads. Miss McCann was present for the meeting, as was City Attorney Thompson, and Miss McCann presented her case by first questioning Mr. Thompson on the definition of tdwellingl, and his interpretation of Ordinance 525, and contesting his statements and definitions by attempting to quote Webster as well as some legal findings pertinent to this, which Mr. Thompson answered by saying that the definitions in Webster were not necessarily legal interpretat- ions, and only definition which should apply be that found in Ordinance 525; that Ordinance 525 was under consideration by the Planning Commiss- ion for over two years. Commissioner Patterson stated that the intent of R-2 spning was for two families, which might be interpreted two ways. Further discussion brought opt that the property in question by Miss Mc- Cann and zohed R,2 on Balboa Island now held two dwellings, so occupied and that another unit was under construction over the present garage. Commissioner Seeger made the motion, seconded by Commissioner Patterson that the Planning Commission recommend that the City Council instruct the City Building Inspector to notify the owner of the property in question that he is violation of Ordinance 525, and to desist. Roll call vote was requested by the Chairman. ROLL CALL VOTE ..Ayes: Allen, Baltz, Ellerbroek, Longmoor, Patterson and Seag °r. Noes: None. Motion carried and so ordered. PUBLIC HEARING Due to the great number of residents and property owners present for this PIERS ON BALBOA hearing, approximately five hundred, the meeting was continued at this ISLAND point at the Newport Beach Grammes School Auditorium, and Chairman Allen explained that the hearing had been called by a petition of property own- ers of Balboa Island, requesting that no further permits be issued for piers on Balboa Island, pending further study, and further requesting a public hearing on the matter, that the hearing was for the prupose of 'seeing whether you have a good idea for working out this problem}. Chair- man Allen than requested Commissioner Patterson, City Engineer, to present the several plans submitted by the pier committee, which he did, explain - ing each as follows: .(1) Continuation of present plan of one pier to each two lots, as adopted in 1941, and now showing 87 existing piers, with 48 contemplated, and 7 for which permits were issued but not yet constructed giving a total of an eventual*.142 piers, (2) Removal of all piers, ex- cept public piers, and the construction of public piers at each street end, with a group of slips at each pier to accomodate 242 boats of over all length up to 28t, with the outsid of said piers to be used for load- ing and unloading, thereby making shore moorings for small boats impossible, (3) All South Bay Front piers to be removed and an off - shore set of slips 54 in each, to be constructed about 2501 off -shore for boats up to 281 in length, this would accomodate-592 boats on the South Bay, and the remaind- er of the Island would continue under the present plan or (2), (4) In- stallation of one pier per block, with a group of slips, (5) Removal of all piers. Commissioner Patterson concluded his presentation by stating that he felt that any plan would have to be a compromise plan. Both "in- side" and "Bay Front" owners were represented. The former by H. Williams, C. Stanyer, Lloyd, A. E. Bevina, E. D. Garrett, Dyster, L. H. Palmer, Judge Galbreth, Mr. and Mrs. Enfield, IrAaan, Stevenson; and the former by Dr. L. C. Lowe, L. C.Breer; who all spoke. Mr. Perrdelto% a Bay Front owner, also spoke. The " inside" property owners all protested the const- 1 L 229 ruction of more piers, as did letters from the following, which werereceived: B. Williams, Sir. and Mrs. F. D. Paosc#ner, Emily Wordeman, F. W. Lloyd, E. S. Thompson, C. and Violet Stanger, G. R. Grout, 5. N. Whitford, E. Vick, Mrs. G. Garmshansen, R. end F. Miller, Mrs. H. W. Dunning, Mrs. E. D. Williams, Hazel 'A. Rolfe, R. W. Allen, A. A. & I. C Scott, R. Fenton, F. J. Stevenson,. Mrs. B. Meager, Mrs. A. T. Beckwith, J. H. Biggar R. H. Baldwin, F. S. Roussel, Elinor D. and Edith M. Schneider; and also a telegram from C. N. Mason. After all had been heard from the floor, Chairman Allen asked the members of the Commission for their ideas, at which Commissioner Sanger stated that there "are,three sides to every question" (a: pun), stating that "this matter should not have been referred to the Commission at all, and also is a matter over which the Council has no jurisdiction, as the Council has police powers to the Tmean high tide. line'; you have sold a part of the Brooklyn Bdidge.when you have charged $25 for permits for piers." Further, "the Council does not have authority, for that was transferred to the Harbor District, and the right for permits lies in that body." Commissioner Sanger explained that he based his statements upon the opinion: of County Counsel Ogle, 7apheld by the Attorney General of the State, and that this was a jurisdictional dispute, and further that he "suggested that the residents of Balboa sland appoint a com- mittee to decide this thing in court." Commissioner Patterson answered this by stating that he did not agree with Commissioner Seager, that the City did have, and does have the right to issus permits for piers, further that he did not feel that those who had paid $25 for permits had been sold part of the so- walled Brooklyn Bridge, and that he did not think that it added to the meeting to inject this. Commissioner Longmoor stated that regardless of.the legal issue that a plan for piers should be adopted not for the present only, but for 20 years hence, to which Commissioner Ellerbroek agreed. Chairman Allen stated that he would entertain a motion that the-plans as submitted be turned over to the Council, for that body to hold a meeting in 90 days, and that any further meetings be held under their jurisdiction,, after which Commissioner Lpngmoor made the motion, seconded by Commissioner Baltz, that these plans be submitted to the City Council, and that the Commission recommend that the Council call hnd hold a public hearing, and that no further permits be issued, pending the next meeting of the Council.. Roll call vote was called. Ayes: Allen, Balta, Ellerbroek, Longmoor, Patterson, and Seeger. ROLL CALL VOTE Aloes: None. Motion carried, and so ordered. Commissioner Patterson mad the motion for adjournment, seconded by Commiss- ADJOUREIM ioner Ellerbroek.. Motion carried, and meeting adjourned to November 12,1945, at 7 :50 p.m. Respectfully submitted, \ k