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HomeMy WebLinkAbout12/16/1958 - Adjourned City Council MeetingREGULAR ADJOURNED MEETING OF THE CITY COUNCIL CITY OF COSTA MESA December 16, 1958 The City Council of the City of Costa Mesa, California, met in regular adjourned session at 7:30 o'clock p.m. December 16, 1958, at the City Hall, 695 W. 19th Street, Costa Mesa. The meeting was called to order by the Mayor followed by the Pledge of Allegiance to the Flgg and Invocation by Mayor.John Smith. ROLL CALL Councilmen Present: Rea, Meyers, J.Smith 0ouncilmen Absent: B.Smith, Pinkley Officials Present: City Manager, Asst. City Manager, City Attorney City Engineer, Director of Finance, Chief Deputy City Clerk Building Moving Building Moving Application No. 205, being the application of Theodore No. 205 Hauser, 323 Crystal Avenue, Balboa Island, to move a dwelling from Hauser 711 Begonia, Corona del Mar, to 1998 Meyer Place, Costa Mesa, was presented together with the recommendation of the Planning Commission for approval subject to the requirements of the Building Department and subject to the posting of the $3,000.00 bond. Upon motion by Councilman Rea, seconded by Councilman Meyers, and carried, Building Moving Application No. 205 was approved as recommended. Rezone Petition 49 Rezone Petition No. 49, being the petition of Arthur Kovack to rezone Kovack a portion of Lot 221 of the Newport Heights Tract was again presented. The Clerk informed the Council that Mr. Kovack had contacted the Clerks office and requested the petition cancelled. Thereupon it was moved by Councilman Meyers, seconded by Councilman Rea, and carried that the public hearing be closed. Upon motion by Councilman Rea, seconded by Councilman Meyers, and carried, Rezone Petition No. 49 was denied. Councilman Pinkley entered the Chambers and took his seat on the Council. Right of Way A right of way deed dated December 15, 1958, from Fred J. and Bernice Deed M. Webber for that certain street known as Victoria Street was pre- sented. Upon motion by Councilman Pinkley, seconded by Councilman Rea, the deed was accepted and orderedplaced on record by the follow- ing roll call vote: AYES: Councilmen Reai,Meyers, Pinkley, J.Smith NOES: Councilmen - None ABSENT: Councilmen B. Smith VARIANCE NO. 417-A Variance Application No. 417-A, being the application of Herman L. H. L. Taylor Taylor, 226 Cabrillo, Costa Meso to permit the continuance of a hone occupation of sharpening lawnmowers, saws, etc. in a iworkshop attached to his garage at 226 Cabrillo, was presented together with the recommendation of the Planning Commission for approval for one year subject to the following conditions: 1) No signs. 2) No em- ployees. 3) No stock in trade displayed on the premises. 4) No noisy activity on Sundays and after 6:00 p.m. during the week. Upon motion by Councilman Pinkley, seconded by Councilman Meyers, and carried, the Council concurred with the action of the Planning Com- mission. VARIANCE NO. Variance Application No. 418-A, being the application of Mrs. Muriel 418-A Wilhelmi, 256 E. Knox Street, Costa Mesa, to permit the continuance Wilhelmi of the operation of a nursery school for the day care of children not to exceed fourteen, was presented together with the recommendation of the Planning Commission for approval for a period of one year subject to.the following conditions: 1) No signs. 2) Not to exceed more than one employee. 3) To meet the State and City requirements. The Clerk read a petition bearing 23 signatures, and communications from Mr. and Mrs. Bruce P. Newberry, Beverly B. North, Mrs. Earl C. Dick, Jr. all in favor of the Variance. After discussion it was moved by Council- man Pinkley, seconded by Councilman Meyers; and carried, that the Vari- ance be approved as recommended. 900 VARIANCE N0. 421-A Variance Application No. 42%, being the application of Helen G. Bray, Bray 1515 Santa Ana Avenue, Costa Mesa, to permit the continuation of a . .nursery school not to exceed 20 pre-school children at 1515 Santa Ana Avenue, was presented together with the recommendation of the Planning Commission for approval for three years subject to the State and local requirements, including Fire, Health and Building, that there be not over three employees and no increased advertising than that already existing. The reason for the three year limit instead of the standard one year time limit is because of the location of Mrs. Bray;s property which is almost an island as it is across the street from the Newport Beach Elementary School on the East, there is an alley on the south side, a 6 ft. block wall on the west side to the rear and the property on the north is owned by a member of the family all the way to Palmer. Upon motion by Councilman Pinkley, seconded by Councilman Meyers, and carried, the Council concurred with the action of the Planning Commission. VARIANCE NO. 543 Variance Application No. 543, being the application of George Kontos Kontos 2112 PresidentPlace, Costa Mesa, to permit a 3' 3" side yard setback and a 17' rear yard setback to permit the addition to an existing attached carport into a double garage, was presented, together with the stipulation that, before the Building Permit is granted, that the applicant shown -on his plot plan the distance of the house of the neighbor to the North, is from the side property line. Upon motion by Councilman Pinkley, seconded by Councilman Rea, and carried, the Council concurred with the action of the Planning Commission. Councilman B.Smith entered the Council Chambers and took: -:his seat on the Council. VARIANCE NO. 544 Variance Application No. 544, being the application of Robert C. Cerf, Robert Cerf 1803 No. Berendo, Apt. 2, Los Angeles 27, to permit two 4 -unit apart- ments on two lots 50' x 135' and a 10.00 ft. rear yard setback at 263 E. 16th Place was presented, together with the recommendation of the Planning Commission for approval subject to the following condi- tions: 1) 16 usable and adequate off-street parking spaces under the direction of the Director of Planning. 2) Installation of side- walks under the direction of the City Engineer. The reasons for this recommendation are: 1) This property is close to the Shop- ping Center to the North. 2) The builder did a good job in build- ing similar units on the south side of 16th Place just east of Orange Avenue. 3) The commission is at present conducting a study of this particular area for a possible rezone to multiple residential use. The commission realizes that this request is many times in excess of what is required under the present zoning but, under the proposed zoning, the applicant has more than the required square footage. Mr. Cerf, the applicant, was present. On motion by Councilman B. Smith, seconded by Councilman Meyers, and carried, the Council con- curred with the action of the Planning Commission. VARIANCE NO. 545 Variance Application No. 545, being the application of Donald K. Donald K. Butts Butts, 1555 Placentia, Newport Beach, to permit a front and rear yard setback on Lots 7, 11, 12, 14 as shown on the tract map made a part of the application, was presented together with the recommendation of the Planning Commission for approval subject to annexation. Upon motion by Councilman Pinkley, seconded by Councilman Meyers, and car- ried, the Council concurred with the recommendation of the Planning Commission for approval. VARIANCE NO. 546 Variance Application No. 546, being the application of Doi.glas D. Douglas D. Boyvey Boyvey, 214 W. Wilson, Costa Mesa, to permit a minimum of 3 ft. wide side yard setback for addition of garage to existing dwelling which is a minimum of aft. from the side yard property line, was presen- ted together with the recommendation of the Planning Commission for approval subject to the following conditions: 1) Subject to all the requirements of the Building Department. 2) No commercial enter- prise is to be conducted on the premises. 3) No sale of any auto- mobiles in front of the premises. 4) Dedication of 5.00 feet for the widening of Wilson Street. The following spoke from the floor in protest of the variance as they object to Mr. Boyveys hobby of re- pairing antique cars and parking them in front of their property with a "for sale" sign; C1ar a Thomkins, Clara Killion, William George, Williard Pollard, G. W. Powell. A letter was also read from Mrs. Jessie Cothell objecting if this was to be a commercial enterprise. Mr. Boyvey the applicant, was present and informed the Council that this garage was to be used for only a hobby. After discussion it was moved by Councilman Meyers that the Variance be approved as recommended by the Planning Commission. Motion was seconded by Councilman Meyers, and carried by the following roll call vote: AYES: Councilmen Rea, B.Smith, Meyers NOES: Councilmen,Pinkley, J.Smith ABSENT: Councilmen - None VARIANCE NO. 548 Variance Application No. 548, being the application of Beauchamp and Beauchamp & Brown _Brown Investment Co. and Beauchamp and Brown Properties Co.; 504 Sol Broadway, Los Angeles 13, to permit the construction of a shopping center as shown on a map made a part of this application, was read together with the recommendation of the Planning Commission for ap- proval subject to the following conditions; 1) Deciation of all land 30 ft. from the centerline of Ogle Street as required by the City Right of Way Department and bond posted for improvements as = required by the City Engineer. 2� Maintain a ratio of 3 sq. ft. of park- ing to 1=sq. ft. of building. 3) 1/4 participation in installa- tion of signal at the corner of 17th and Santa Ana Avenue as post- ing of bond in the amount of $2,500.00 for two years or until sig- nal is installed or engineering department is satisfied that no sig- nal is_necessary. 4) All parking stalls shall be in accordance with City Standards and under the direction of the Planning Department. 5) Sidewalks shall be installed and all approaches shall be of Port- land Cement concrete along the exterior boundaries of the Shopping gorit6r.Development on East 17th Street and Santa Ana Avenue. 6) All land lying Southerly of Ogle (Lot 64) shall be subject to the sub- mission of a Master Plan before approval. 7) Street lights shall be iaatalled where deemed necessary by the Lighting Superintendent. 8) Subject to all Building Department regiirements. A letter from the Director of Planning was also read requesting that considera- tion be given for a rear yard encroachment of 0' for Store No. 3. Communications were read from Mrs. Sylvia Mello and Mrs. E. P. Mc- Gauvern. Dr. Beauchamp, 2000 E. Bay Front, Balboa, was present and requested the Council to delete the requirement of sidewlaks on the exterior of the shopping center. After discussion it was moved by Councilman B.Smith„ seconded by Councilman Pinkley, and carried that the action of the Planning Commission be upheld for approval as rec- ommended with the exception of requirement No. 3 for the traffic signal which is to be deleted, and with the added stipulation that the sidewalks along Santa Ana Avenue be four foot in width and the six feet remaining in the right of way either be blacktopped or be used as a planting area for landscaping, and that the sidewlaks along E. 17th Street be 72 foot in width, and that the encroachment for Store No. 3 be approved. VARIANCE NO. 550 Variance Application No. 550, being the application of Kenneth W. Koll Koll, 15.55 Placentia and 2826 Newport Boulevard, Newport Beach, to permit a tract sign to advei-tise the sale of apartments in Tract No: 3202, which is located between Santa Ana Avenue and Westminster on both sides of Cabrillo, was presented together with the recommenda- tion of the Planning Commission for approval for one year or until apartments are sold, whichever is sooner, subject to the requirements of the Building Department. U on motion by Councilman Pinkley, seconded by Councilman Meyers,pand carried, the Council concurred with the recommendation of the Planning Commission. Assistant City Prose- S The City Attorney recommended to the Council that the Assi„tant City cuter salary for Rrosecutor, Robert Huckenpahlers fee for a full day in court be $75.00, court prosecutions and a half day be $35.00, retroactive to November 1, 1958. Aft -6r dis- cussion it was moved by Councilman Pinkley, seconded by Councilman B. Smith, the rate for the Assistant City Prosecutor for the month of November and December, 1958, be $75.00 for a full day in court and, $35.00 for a half day in court. Motion carried by the following roll call vote: AYES: Councilmen B. Smith, Rea, Pinkley, Meyers, J.Smith NOES: Councilmen - None ABSENT: Councilmen - None The Mayor presented a proposed contract between the City and Donald Dungan for a two year period, January 1, 1959, thin ugh December 31, 1960 for legal duties as City Attorney. After discussion it was moved Councilman Meyers, seconded by Councilman Pinkley, that Resolution No. 544,being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING, RATIFYING AND CONFIRMING A CONTRACT BY AND BETWEEN THE CITY OF COSTA MESA AND DONALD DUNGAN FOR THE PERFORMANCE OF CERTAIN LEGAL DUTIES AS SET FORTH THEREIN, AND AUTHORIZING THE EXE- CUTION OF THE CONTRACT BY THE MAYOR AND CITY CLERK BE ADOPTED. Motion was carried by the following roll call vote: AYES: Councilmen B.Smith, Rea, Pinkley, Meyers, J.Smith NOES: Councilmen - None ABSENT: Councilmen - None Adjournment Upon motion by Councilman B.Smith„ seconded by Councilman J.Smith, and carried, the meeting adjourned at 8:55 p.m. to Monday, December 22, 1958 at the hour of 7:30 o'clock p.m. in the Conference room at the City Hall. May of the City of Costa Mesa - ATTEST ® City,Clerk oftt�_.Chief he Cit of Costa Mesa By�. Deputy 1 1