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Home My WebLink About05/15/1961 - Adjourned Regular MeetingCITY OF NEWPORT BEACH Minutes. of ADJOURNED Page -215 - Volume.. 14 REGULAR MEETING OF THE CITY COUNCIL Date. of Meeting: May 15, 1961 Time of Meeting 7:30 P. M. Index Hearing Knapp Use Permit 722 • Attc • • COUNCILMEN p � O m L y a, lO. Ul ILK. ULL Ll.11 V11Gi11YG1 D toll Call: Present , x x x x x Absent TEARING: 1. (Agenda ,Item B -1) Mayor Stoddard. opened the public hearing, regarding, the appeal of June Knapp4rom the decision of the'Elanning Commission. conditionally grant- ing Application.for Use Permit No: 7.22,. for permission to make major alterations to a nonconforming apartment building at 114,- 22d Street, Newport Beach; Lot: 13, Block 2.1, Newport Beach Tract,, Zone C - l, the findings of the Planning Commission..and. a .vicinity,: map having been furnished to the Councilmen. The City Attorney,, stated that Mrs. Knapp and. her attorne , Jay D.- Rinehart, were, in the audience. He, stated that the findings of the Planning Commission. regarding Use Permit No.. 722 had. been submitted to Attorney' Rinehart. The City, Attorney handed Attorney Rinehart a. copy of .the vicinity map, described. as "Drawing, No. L- 10.15, dated 5- 10- 61:,1t and„ with .the. approval of Attorney `Rinehart, requested that the Planning Department file be made a .part of the record. Attorney Rinehart presented his arguments "on appeal. He.:stated.that the granting, of the Use Permit,, as.con- ditioned.by the Planning Commission, was,virtuaily a denial. to Mrs. Knapp, to do the work,. alterations. and repairs, which. the Superior Court of Orange County had decreed that she might. do. He. statedahat,, in effect, she would, be required:to tear. down the building. He stated that. the use of the property, and not. the. repairs,, was: the issue within the jurisdiction.of .the Planning Commission. He particularly objected to the parking, space. require - ments and setback conditions imposed. He said..ihatthe building had. been constructed in 1921, prior to the exist- ence of said zoning requirements. Attorney Rinehart re- iterated that a,judgment <had been rendered in the case, ar d that Mrs. Knapp . was. applying to make all repairs. as set out in the judgment. The City Attorney asked .whether or not Attorney Rinehart had.any objections to.the presentment -of the pictures. de- picting the premises. Attorney, Rinehart stated that he objected.to re- examination of facts passed upon by the Superior Court- .in.its judgment. A discussion ensued. The City Attorney was of the opinion -that the Planning Commission and Council did have the power. to impose {` reasonable conditions in the granting of a'Use Permit. Councilman Somers. asked Attorney" Rinehart if hathotglit the presentation of the pictures might explain. the require- ments of the .Planning. Commission. Attorney Rinehart . r.eiterated his objection-to a re- examin f f ctss.,,��-� ATTEST: ✓' Mayor {'�V,\ mil+ \cam` / c City Jerk V %f7 Page 215 xl Index • Knapp Use Permit 722 cont. • Pictur of premis • sus CA 15 • (May 15 I L i% CITY OF NEWPORT BEACH Page 216.- Volume 14 COUNCILMEN The-- findings.of the Planning Commission.were discussed. It was.'bmught out that Attorney Rinehart did not. dispute Finding. No. 1. He.disputedAbe first sentence - -of Finding .No. 2, but did not dispute the additional -findings in Find- ing No. 2. Mrs. Knapp spoke from the audience. and stated there was no .encroachment. into the alley as set. forth'in'.Finding. No. 2. Attorney Rinehart did. not dispute the.first sentence, in Finding No. 3, but did dispute the second. sentence. He. did not dispute Finding ,No. • 4. He -:stated that Finding,No. 5, seemed to be, a_ repetition of a statement in the judgment. He. did. not agree. with Finding No.. 6,, "stated ,that'Finding No. 7 was- -incomplete, and. dis agreed with. statements made in F inding No. 8. Oliver King, was sworn:in. He. stated that he. was a'Build- ing Inspector in the Department. of Building and Safety, of the 'City ,of Newport Beach,: and .that he was :fsmilia7 „with subject premises. Mr. King stated that subject building covera. the lot 100% and that the balcony and.£ire ladder encroach. into the alley. Mr. King presented. to the Council sixteen pictures. de- picting, the.conditions of subject premises An March and August of 1958. He. stated that no building permit had been issued for improvements, to the property subsequent to those. date a. .The 'pictures were accepted.as part -of -the record. Motion x All Ayes Absent x Attorney- Rinehart stated that if the applicant made.the major alterations of said building, as set- forth.in the Superior Court. judgment,, the use of the building would not be.detrimental to the health,, safety,, peace, morals, comfort, and general welfare. of persons residing or working inAhe neighborhood of such building, or be detri- mental or .injurious to property or improvements.: in the neighborhood.or to the general welfare.'of the City. The City Attorney asked Mr. King what the costs of re- pairs to a.buiiding,maybe before the entire.,building :must be brought up to the standards of the Building Code. Mr. King, replied, that the Unified Building Code provides that if the -.cost of the proposed. repairs, alterations, et eetere, shall exceed 500 of the value of the building, that d . the entire building, shall be brought up to Code. There were no further questions. No. one.. else desired to speak from the audience. The hearing was closed. Motion x All Ayes Absent x Use Permit No. 722.was conditionally granted, the.find- Motion .x ings -of -the Planning Commigai n.were sustain adopted. as the findings. of •the ity ,Council. Al . yes bent x .a ATTEST:' Mayor an- J c City Clerk . 2.16 Page 01 St o: Rf Cj Cs K 11 rd a 0. R a CA B' Si C1 C. CITY OF NEWPORT BEACH Page 217 - Volume 14 _.. COUNCILMEN u,vc lJ .r, v., 1 1_ \ l \ f. ID , ORDINANCE FOR. INTRODUCTION: (':Agenda_Item C -1); Ordinance No. 963,. being •d 963 LbdividingAN ORDINANCE OF THE. CITY OF NEWPORT BEACH .,Planned ADDING SECTIONS 9256.12,:9Z56.13 AND 9256.14- TO :sidentiaLARTICLE IX -I 2> OF THE NEWPORT BEACH MUNICIPAL , -26 L7.10 CODE, RELATING TO THE SUBDIVIDING CIF PLANNED RESIDENTIAL DEVELOPMENTS, was presented. Councilman Bart stated that the Com- mittee had..suggested.additibns to the ordinance and.,that it was now in a form recommended for adoption. Ordinance No.- 963. was. introduced. and set for public Motion x hearing: on. June 12, 1.961. Roll .Cali: Ayes xx, xx x Absent x CONTINUED BUSINESS: ,honey. 1. ,(Agenda Item D =2) A letter was presented from Marcia! Ater D. Mahoney, Contract Station No. 1, U. S. 'Post Office, parki Post g' 402 -1/2.- 32d Street, requesting that the present green "f ice section. in front of said Post Office be extended one more section, the meter removed and a five-minute. zone 5408 installed. !opted 1 -20 Resolution. No. 5408, amending Resolution No. 4870.re- lating to parking meter zones, .(eliminating the first. two Motion x spaces. immediately east of Newport Boulevard. on the Roll Call: South.side.of 32d Street. from Parking Meter, Zone 5), Ayes x x.x x.x ..x was.'adopted. Absent The City.Attorney was requested.to prepare-.for adoption an amendment. to.the Municipal Code in order that five minute parking zones may be established. • 2. Mayor Stoddard..stated that the City Attorney had, receive a notice from a.Referee that the amount to be paid the City.in the Superior Court, Brawn vs. City of Newport Beach,, State Compensation Insurance Fund,; case, would .awn be: reduced to .$3, 635..25. iperior )urt Ca i -16 9 a The "Notice. of Intention to Modify .Third Party Compro- mise & Release" had. been receive& by the City'Attorney on May 11,: and required .action . withinAhree.days. --The ,City Attorney, had no recourse. but to file an bbjection.to the reduction of 3070 of the amount to be paid to the City. Councilman Hart ,stated. that the Committee. recommended that the City Attorney` withdraw his action in objecting to the reduced award,., and that the Council take: no action. The. recommendation of the Committee was accepted and Motion x the City Attorney .was directed Ao withdraw hi b ct' s All Ayes to the reduced award. / \� Aashnt x ATTEST: Mayor S G City C1 rk Page .Z Index • CDM Chamber of Comm ltr re parking needs Cmte CA-22 CA -60 • City Manager resigna tion CA -87 Recess for executi session • Appt of new Cit, Manager CA -87 Atmore Beach curb c appl CA -30 CA -13 CITY OF NEWPORT BEACH Page 218.= Volume 14 (May 15,. 1961) 3. Mayor Stoddard presented a,letter from the Corona.del Mar Chamber of :Commerce, stating that a special Com- mittee had been appointed.to study the parking needs of Corona del Mar's- business, areas and to make,- .recom-mendations for the. most effective. way: to meet the. needs now and in,the,future. Said letter further requests-the cooperation. of the Council. Mayor Stoddard suggested that Councilman Lorenz. be. re- appointed Chairman of the Council Off - Street and On- Street Parking Committee,: and that he be asked:.to help the Corona del Mar area where. and if he can. Said Suggestion.was accepted.and the appointment was.so authorized. BUSINESS: 1. ,(Agenda, Item E -1) A letter was presentedfrom Robert Shelton, City Manager, submitting his resignation, from the position of City Manager, effective the day following adoption,.of the 1961 -62 Operating Budget; expressing appreciation for the pleasant assignment in Newport Beach,: the guidance and understanding, of this and previous City Councils. It was,directed,that the letter be filed with .great regret. was.declared,by Mayor Stoddard for an executive Sion. The -Council reconvened with all members present excepting Councilman Cook. BUSINESS: CONTINUED: 1. Mayor Stoddard ._stated.that .it was his pleasure, to announc ;that the new City Manager will. be Robert Coop, who was in the audience. Mayor Stoddard.introduced F. Robert Coop and.stated that the appointment of Mr. Coop: will he effective, -in early: June. ,(Agenda item E -2) A memorandum was presented from the Public- Works Director and City Manager regarding the application. of Atmore Beach for curb- cut permit, 363. Ocean Boulevard. A inemarandum.from the Planning Director,. dated May 4 1961, was. also presented regarding Application for Variance, No., 645, . €iltd -by Atmore Beach,, requesting permission, to encroach nine feet into a.required.ten -foot ,front yard setback for the. purpose of constructing a single family, residence at 3 31 Ocean BOU16Y ar rons del Mar. Said report state the Planning n TTEST:� C) Mayor Page 218 Motion All Ayes Absent Motion All Ayes Absent COUNCILMEN n 0 Index :(May 15 19611 Ke It Je Use 73 CA- Fit le CA- 4 le CA- L a •; conditionally approved Variance No. 645. The conditions were. also. set forth in. the memorandum.from the Public Works Director and City Manager. J. W. Drawdy, spoke from .the. audience and stated.that the,. location of the proposed. curb, cut was at the pro- longation. of Poinsettia at Ocean Boulevard. The Council approved a ten foot wide:curb.cut.in.front of Motion x 3631 Ocean Boulevard,, as. shown on 'Sheets Land 2.of All Ayes Drawing No. 93 -3100 on..£ile in the office -of the City Absent Engineer, provided the elevation. of the highest point of the roof shall.not exceed 203...52.feet, Newport Beach City Datum,: and in accordance..with::.the conditions. as set forth. in the report. 'COMMUNICATIONS - REFERRAL: • 1. A letter was. presented.frpm E. Terence Keiser appealing from the decision-of the Planning Commission granting iser approval for repairs to a.nonconforming,garage at 305 r re North..Bay °Front, Balboa,Island; being the Application. of "ling Fred.C.. Jennings for Use Permit No., 737. e permit 7 15 Said matter. was set. for public. hearing on ,Tune 1Z, 1961. Motion x All Ayes Absent x chen „2, ,(Agenda Item F -1) A letter.from William Fitchen, Agri- ter cultural Commissioner, Orange County Department. of -53 Agriculture,, submitting revisions of two Count g g y peat con Motion x trol policies, i. e. ,. rodent control policy and weed. con- All Ayes .trot. policy„ was, referred- to the City Manager. Absent x COMM.(JNXCATION - ADVISORY:. (Agenda Item G -1) A letter. was ordered-filed from Motion x • LeRoy Wolfe submitting a,copy of an •excerpt.from. the Lo All Ayes lfe Angeles Times wherein. it is - indicated that anew law had Absent x let CITY OF NEWPORT BEACH Page 219 -- Volume 14 COUNCILMEN been'adopted.by the City of Hermosa Beach.which pro - 142 vides -that the owner of a dog that soils a sidewalk,: a lawn -or other private property can draw a $25 fine. Said letter suggests -two such..ordinances. in Newport Beach,. one dealing, with private property, and another :wit public. property. The meeting was adjourned. at 10:35, P.M. Motion x All Ayes Absent x ATTEST:_ Mayor City Clerl Page Z 19