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HomeMy WebLinkAbout07/17/19473 The Newport Beach City Planning Commission held a regular day, July 17, 1947, at 7:30 p.m., in the Council Chamber, Commissioner Ray Copelin, Chairman protempore, presiding, of a regular chairman. meeting, Thum- City Hall, with in the absence Commissioners present: Baltz, Copelin, Daniell, Ellerbroek, Johnson, ROLL CALL Longmoor, and Pleger. Commissioners absent: Rudd, and Wightman. Commissioner Baltz made the motion, seconded by Commissioner Johnson for MINUTES the approval of the minutes of the June 19, 1947 meeting, as read. Mo- tion carried, and so ordered. Referred by the City Council, was the application of the Standard Oil Co. COMMUNICATIONS lessees, and also signed by Mr. C. L. Atkinson, and Edna B. Storey, own - ers of the property, for permission to install two 5,000 gallon, and one 4,000 gallon underground storage tanks; also, to install five electric pumps and lines alongside wharf and float; and, install five dispensing units with fifty feet hose on float, on Lots 6 and 7, Block.H, Balboa Waterfront Tract (present location of the Standard Oil Marine Dock at "A" Street). The application stated that the present existing tankage is 8,500 gallons. Accompanying the application was a letter from Fire Chief Frank Crocker to the City Council, stating, "As there is an insufficient lot area for such increase, as required by Ordinance No. 525, I recommend that the application be referred to the Planning Commission.for'their re- commendation and consideration." Present for'the meeting were Mr. R. L. Anderson, wholesale representative for the Standard Oil Company at Santa. Ana, and Mr. Lynn, out of'their Long Beach Office, who explained the plans, same being for improving and remodeling the present Marine Station, at an anticipated cost of $40,000.00; that two of their present tanks (550 gal- lons each), are under the street and must be removed, and while they real- ized that there.is not sufficient area forthe proposed storage, they stat- ed that the additional storage would not present any additional hazards, but would improve the facilities, and service; also, that the owners,of the property, Mr. Atkinson and lairs. Storey, also'6wn -Lots 6 and 7 of Bal- boa Tract, directly across the street, who had signified their agreement to the application. To this Commissioner Daniell suggested that the pro- posed tanks be installed across the street. Chairman Copelin stated that the only procedure for the Commission would be to refer the application back to the City Council. Commissioner Longmoor agreed, and made the mo- tion, seconded by Commissioner Ellerbroek, that this application be re- ferred back to the City Council, with the advise that the Commission's interpretation of Ordinance No. 525 is that this request could only be granted through an amendment, and further, that the Commission does'not recommend such an amendment. Roll call vote: AYES: Commissioners Baltz, Copelin, Daniell, Ellerbrrek, Johnson, Long- ROLL CALL-VOTE moor, and Pleger. NOES: None. ABSENT: Commissioners Rudd and Wightman. Motion carried, and so ordered. Two communications from the Orange County Planning Commission were read, both on the recent policy of the County Board to. inform and "refer all Land Use Permit Applications that are within one mile of the boundaries of cities so affected ". The second letter was accompanied by Application No. 1041, filed by Vernon Orr, to install an automobile service station and an automobile repair garage on the "southeast corner of Westminster Avenue, and Old County Road, Costa Mesa ". .As this location is adjacent to Tract 1136, recently annexed by the City, and owned by and subdivided by the Harbor Investment Company, with Mr. Tom Henderson present for the meeting, 4 � - stated that Tract 1136 is ehtirely residential, with deed restrictions pro- hibiting service stations, and that he wished.to go on record as opposing this application. Mrs. Powers, also present, agreed. Commissioner Long - moor made the motion, seconded by Commissioner Baltz, that the Commission recommend that the County Planning Commission deny the application. Mo- tion carried, and so ordered, and the secretary advised to so notify the County Board. PUBLIC HEARINGS Final hearing upon the matter of a petition of property.owners of Lots 13, 145 15, 16, 17, 18, 19, 20, 21, 229 23, inclusive, Block 1, East Newport Tract, for rezoning from R -2 to C -1, was declared, same having been tabled from the June 19, 1947 meeting, for action at this time. No protests were heard or received, and Mr. J. Miller, Mr. C. Williams, and Mr. Tom Hender- son, property owners signing the petition, spoke in favor, stating that future plans called for the building of.a hotel, that these lots lie be- tween C -1 zoned lots on both sides, and, also, that if zoned C -1 that the Commission will have control over the architectural pikans, which it does not have under R-2. Commissioner Copelin stated that his first impress- ion of the property was not to approve the application, due to lack of business in the area, but, that the control of the architectural plans under C -1, changes the picture. Commissioner Johnson stated that the Com- mission has been advised by experts that the City already has too much 0 -1 and C -2 zoning, but, would agree if the petitioners would "promise to make the improvements ", to which Mr. Henderson answered that they "Could not promise, but think it can be done within a year." Commissioner Pleger made the motion, seconded by Commissioner Daniell, that the Commission re- commend that the City Council amend Ordinance No. 525 to rezone Lots 12 to 23, inclusive, from R -2 to C -1. Roll call vote: ROLL CALL VOTE AYES: Commissioners Baltz, Copelin, Daniell, Ellerbroek, Johnson, Long - , moor, and Pleger. NOES: None. ABSENT: Commissioners Rudd and Wightmann. Motion carried, and so ordered. Final hearing upon the application of Mrs. Cecile Conover, for rezoning from R -3 to C -1, Lot 4, Block 159, and Lot 17, Block 160, River Section, was declared, same having been tabled from the June 19, 1948 meeting, for action, at this meeting. No protests were heard or received, And Commis- sioner Copelin explained, that after checking the property that he found that all the other lots in the block, except one, are now zoned C -1. Com- missioner Pleger made the motion, seconded by Commissioner Daniell for the recommendation of the approval of the application of Mrs. Conover. Roll ROLL CALL VOTE call vote: AYES: Commissioners Baltz, Copelin, Daniell, Ellerbroek, John -. son, Longmoor, and Pleger. 'NOES: None. ABSENT: Commissioners Rudd and Wightman. Motion carried, and so ordered. Final hearing upon the matter of a petition of property owners for rezoning from R -2 to R -3 of the northerly half of Lots of Bldcks 109 11, 12, Tract 234, (facing on Central Avenue), was declared. Tbreejetters of opposit- ion from property owners.in the area, Shirley Meserve, E. A. Crary, and Mrs. Alice Arth, were read, all stating that the area should be kept residential that any change would bring additional traffic aad parking problems, as well as add to the fire hazards. hire. Josephine Webb, -rs. Carter, and Mr. Wickstrum, argued in favor of the rezoning. Secretary Ellerbroek re- peated his stand of the last meeting, that such rezoning would back R -1 lots up to R -3, with no buffer of R -2. Commissioner Longmoor stated that he felt that ultimately the Ocean Front would be hotel sites. Commission- er Daniell suggested that this matter be tabled until the Commission has the advise and services of a Planning Consultant. Commissioner Longmoor made the motion, seconded by Commissioner Daniell that the matter be tabl- ed to the next meeting for action. Motion carried, and so ordered. 5 Final hearing upon the matter of the application of The Irvine Company for the Sport Fishing Rentals, lessees, for rezoning of land in The Irvine Sub- ' division on the northeast corner of the Marine Avenue Bridge to Balboa Is- land, directly across from Balboa Island, was declared, with Secretary E1- lerbroek reading a letter from Mr. V.I. Cole, president of Sprot Fishing Rentals, with information regarding their business and plans, (as requested by the Commission at the last meeting), which stated that they plan to move from 1215 Coast Highway, where they have oprated U -Drive cruisers on a daily rental basis for ocean cruising and fishing; they own seven boats, .sport type, not fishing, kbout twenty -four feet long; that they intend to pave a portion of the property "corresponding to the paved portion of the property immediately adjoining to tlfe east" (Evans Landing), for parking facilities, to "relieve the-present congested.parking situation due to fishermen and bathers parking their cars along the street at this location ", adding that the adjacent property in all directions is business property, and so developed, so logical to rezone this piece for proper development. Mr. Terrell, Planning Cpnsultant for The Irvine Company, was present, and, showed a picture, taken from the air, of the area, and, spoke highly in fav- or of the application. However, Mies:Nate McCann, Mr. Hubbard Powers, and Mr..Roland Vallely, residents and property owners of Balboa Island, argued that such rezoning and business would create a terrific traffic hazard at .this point. Commissioner Baltz also took this stand, stating that even now the Balboa Island Bridge is a "death trap ", and "if he had his way, a high fence would be installed on both north apporaches to this bridge ". Miss McCann stated that this particular property was zoned R -2 for the express purpose of preventing such a traffic hazard and problem. Mr. Cole argued that R =2 zoning and the present use of the property creates a greater haz- ard than his proposed use would, which would get the cars off the street. Commissioner Copelin suggested that their entrance be made from the north, across the adjacent property, which Mr. Cole said could be done later, and said that all they are actually asking is "permission to build the &lips for their boats." Mr. Terrell stated that ingress and egress on Bayside Drive would create more traffdcproblems that if on Marine Avenue. After much heated discussion, Commissioner.Longmovr made the motion, seconded by Commissioner Pleger that the Commission recommend that the City Council am- end Ordinance No. 525 to rezone from R -2 to C -1, this portion of The Irvine Subdivision on the northeast corner of the Marine Avenue Bridge, directly across from Balboa Island. Roll call vote: AYES: Commissioners Daniell, ROLL CALL V07B Johnson, Longmoor, and.Pleger. NOES: Commissioners Baltz, Copelin, and. Ellerbroek. ABSENT: Commissioners Rudd and Wightman. Motion not caftried, after which Chairman Copelin explained to the petitioners that the City Counnil can override the recommendations of the Commission by a four - fifths vote. Referred from the City Council was the matter of the application of Mr. OLD BUSINESS Art LaShelle for a conditional permit to "remodel a certain structure qt 325 Edgewater Avenue, for the purpose of providing better sanitation and convenience, was on motion of Councilman Allen, seconded by.Councilman Is- bell, and carried, ordered returned to the Planning Commission for recon- sideration." Commissioner Longmoor stated that he had checked the property and business and felt that the proposed improvements would better the situa- tion, except that he strongly stressed the fire hazard of the dining rooms upstairs, and suggested that if this could be eliminated, for the safety of the public, the application be considered, as the plans called for improve - ment of the restrooms and kitchen, which are now in bad condition. Commis - sioner Ellerbroek stated that he felt that Commissioner Longmooris sugges- tion could be made a part of the plans. Chairman Copelin stated that he, with the committee of Commissioner Rudd and Building Inspector Nelson had inspected the property, and felt that being a non - conforming building, same could be repaired, but not remodeled, "that being the intent of the ordinance." 6 Commissioner Johnson asked to hear Mr. Nelson's views, to which Mr. Nelson stated he was in favor of the repairs, but not the additions. However, Com- missioner Ellerbroek argued that the "ordinance states that non - conforming buildings can be remodeled," and, further gave Webster's definition of re- modeling, adding that "this case should be decided on its own merits." Commissioner Baltz said that regardless of how the Commission feels or acts, that the business (Christians Hut) will continue at this location, so felt the improvements should be made. Commissioner Longmoor stated that apparently the property owners have signed the petition and are in favor, so must want it, there being tbirty -two names on the petition accompanying the plans, according to Secretary Ellerbroek. Commissioner Daniell made the motion, seconded by Commissioner'Pleger that the Commission recommend the approval of this application. Commissioner Johnson spoke before the roll call vote was taken, outlining his objections to granting the permit, i.e., that "this application does not in any way promise to make the sur- roundings more conforming by taking business out of an "R" zone. This Commission has been in existence nearly twelve years, during which time it has created a code of precedents, which I feel should not be cast aside. I believe it would be very unwise to do so by granting this request." ROLL CALL VOTE AYES: Commissioners Baltz, Daniell, Ellerbroek, Longmoor, and Pleger. NOES: Commissioners Copelin and Johnson. ABSENT: Commissioners Rudd and Wightman. Motion carried and so ordered. The application of Ida Naylor, again brought before the Commission at the June 19, 1948 meeting by i4rs. Naylor having again appealed to the City Council, was tabled to this meeting for committee report of Commissioner:' Johnson and City Engineer J. B. Webb. Commissioner Jobnain reported that he had check the area, and the question of the widening of Coast Highway; that progress has been made, with no publicity, but, the City has acquir- ed title to all of the vacant propertu necessary to carry out the project, but the engineering problem of determining the best and most economical route to enter t e business center remains to be solved; when this is done' then rapid progress will be made. Mrs..Naylor was advised that the stat- ute of limitations for action on her application has expired, so new fil- ing and public hearings are now required. The Secretary was advised to readvertise, etc., without cost to Mrs. Naylor, and the first hearing upon the matter was set for August 21, 1947. This be motion of Commissioner Baltz, seconded by Commissioner Ellerbroek, and carried. Committee report on the proposed subdivision of Tract 1857, (Properties Inc.) was given by Commissioner Johnson, and City Engineer Webb, with Commissioner Johnson stating that front, side, and rear setback lines be set, to which Mr. Walter Erne, of the Citizens National Bank, represent- ing Properties Inc., at the meeting, explained the subdivision map; that they are only asking for a subdivision in the proper way instead of sell- ing by metes and bounds. Commissioner Daniell made the motion, seconded by Commissioner Ellerbroek for approval of Tentative Map 1257. Motion carried, and so ordered. . Mr. Bert Bentz presented a request for the City to abandon the present alley between Lots 3, 4, 59 6, and 11, 122 13, and 144 Seashore Colony Tract, Block 6, stating that there are buildings extending across this alley, and, that if abandoned he will deed the City fifteen feet alley right -of -way extending one hundred and eight feet along the south fift- een feet of Lots 7 and 10, between Laguna and Cotlon Streets. Commiss- ioner Longmoor made the motion, seconded by Commissioner Daniell, to advise the City Council that the Commission have read and considered Mr. Bentz' request,. and, that the Commission advised the abandonment of the alley, and the creation of a right -of -way for anew alley, as sug- gested by Mr. Bentz. Motion carried, and so ordered. 7 This being the annual reorganization meeting of the Commission for the el- ELECTION OF ection of a new chairman and secretary for the 1947 to 1948 season, Com- OFFICERS ' missioner Pleger made the motion for the nomination of Commissioner Long- moor for chairman, seconded by Commissioner Johnson. Commissioner Baltz made the motion, seconded by Commissioner Ellerbroek that the nominations be closed, after which, Commissioner Daniell, seconded by Commissioner Johnson, moved for a nusnimous vote for Commissioner Longmoor. All motions carried, and Commissioner Longmoor took the chairmanship, with an express- ion of appreciation, and stating that he wanted the Commission to know that he could accept, with the understanding that should his health make it nee- assary he could resign, in view of his recent illness. For the office of secretary, Commissioner Pleger nominated Commissioner Daniell, with Commissioner Baltz seconding the nomination. Commissioner Copelin then nominated Commissioner Ellerbroek, which was seconded by Com- missioner Daniell, after which Commissioner Pleger made the motion that the nominations be closed, seconded by Commissioner Baltz and carried. Chair- man Longmoor called for a written vote, which gave the election to Commis- sioner Ellerbroek, to again serve as secretary. Commissioner Baltz then made the motion, seconded by Commissioner Pleger,,that the Commission 'go on record as expressing its appreciation to the press, both the Newport Balboa News Times, and the Balboa Press, for their cooperation during the past year. Motion carried, and so ordered. Commissioner Daniell made a suggestion that the Commission secure a micro- NEW BUSINESS phone for it's meetings, and, the further suggestion that he thought that the equipment is available, as same is being used by the Fire and Police Departments. Chairman Longmoor accordingly appointed Commissioner Daniell as a committee of one to check on this matter, for report. ' City Engineer Webb stated that he had a set of subdivision requirements to submit to the 'Commission for consideration for a Subdivision Ordinance; and would have copies of same mimeographed for each of the Commissioners. Secretary Ellerbroek read a letter from the City Council, signed by City Administrator John J. Sailors, stating "The City Council at a regular meet- ing Monday, July 14, 1947, reappointed Mr. Marcus J. Johnson a member of the City Planning Commission for a period of four years ", after which Mr. Johnson was duly sworn in, by Chairman Longmoor. Commissioner Pleger made the motion for adjournment, seconded by Commiss- ADJOURNMENT ioner Daniell, which carried, and the meeting adjourned to the next regu- lar meeting, Thrusday.. August 21, 1947. Respectfully submitted, Secretary