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HomeMy WebLinkAbout10/19/1959 - City CouncilMinutes 10/5/59 PUBLIC HEARING Rezone No. 86 Tiffany ORDINANCE NO. 274 1st reading REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA October 19, 1959 The City Council of the City of Costa Mesa met in regular ses- sion at 7:30 o'clock p.m., October 19, 1959, 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 Flag, and Invocation by Reverend Luther Tornow. Councilmen Present: B. Smith, Meyers, Pinkley, J.Smith Councilmen Absent: Rea Officials Present: City Manager, City Attorney, City Engineer, Director of Public Works, Chief Deputy City Clerk Upon motion by Councilman B.Smith, seconded by Councilman Pinkley, and carried, the minutes of the regular meeting of October 5, 1959, were approved as written and previously distributed. The Mayer announced tha.t.this was the time and place set for the public hearing on Rezone Petition No.' 86, being the petition of A. E. Tiffany, 202 Driftwood Road, Corona del Mar, to rezone from R4 to R2 and Ml, Lot 506, Newport Mesa Tract, located on the east side of Pomona Avenue, approximately 330.00 ft. southerly of the center line of West 18th Street. The Clerk read the recommendation of the Planning Commission for approval provided that, prior to action by the City Council, the applicant submits the following to the City Clerk: 1) An agreement for the following: a) To provide a deed restriction for a maximum of one unit for each 1500 sq. ft. of land area in the proposed R2 zoning and to provide two usable off-street parking spaces for each unit in accordance with the parking standards of the City of Costa Mesa. b) To construct a concrete block wall between the proposed industrial development and the multiple housing development of not less than 5'6" in height and not more than 610" in height above the finished grade of the land used for multiple family units. c) To landscape the industri- al area facing the residential development to the west. d) To improve the land dedicated for street purposes to the standards of the City of Costa Mesa either. upon finalizing a Tract Map or com- mencing construction or'any residential units. 2) A deed dedi- cating for street purposes, to the City of Costa Mesa,. land as shown on the Development Plan attached to and made a part of this appli- cation. He reported no written communications had been received. The Mayor inquired if there were anyone present wishing to speak. Thereupon Mr. Thomas F. Shoemaker, came forward, representing Mr. Tiffany. Discussion was held on the type of buildings to be erected facing the Pomona Street buildings. No one else wishing to speak, it was moved by Councilman Pinkley, seconded by Councilman Meyers, and carried, that the public hearing be closed. Thereupon it was moved by Councilman B.Smith, seconded by Council- man Pinkley, and carried, that Rezone Petition No. 86 be approved, subject to the recommendations of the Planning Commission, with the added stipulation: (e) Said Rezone to become effective upon receipt by the City Clerks office of an agreement that the commercial build- ings fronting on Pomona Avenue shall not be of a metal fariety, that is the front of the buildings. Thereupon Ordinance No. 274, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING SECTION 3.2 OF ARTICLE III OF ORDINANCE NO. 32 OF SAID CITY CHANGING THE ZONING OF LOT 506, NEWPORT MESA TRACT FROM R4 TO R2 AND M1, was presented and read in full section by section. Upon motion by Councilman B.Smith, seconded by Councilman Pinkley; and carried, Ordinance No. 274 was given first reading and passed to second reading. Upon motion by Councilman Pinkley, seconded by_Councilman B. Smith, and carried, that Rezone Petition No. 86 be approved with the added stipulation (f). A right of way deed for Storm Drain ease- ment over andalong the property in which the existing storm drain is installed, reserving to the owner the right tD construct struc- tures over the easement subject to the design and location being approved by the City Engineer. RESOLUTION NO. 655 The City Attorney presented a proposed Resolution establishing 2 hour parking limit two hour parking limits in both Vehicle Parking Districts I and VPD I and II II. After discussion it was moved by Councilman B.Smith, seconded by Councilman Pinkley, that Resolution No. 655, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING A TWO-HOUR PARKING LIMIT IN OFF-STREET PARKING LOTS, be adopted. The motion carried by the following roll call vote: AYES: B.Smith, Meyers, Pinkley, J.Smith NOES: None ABSENT: Rea Rezone No. 84 Requirements The, City Attorney reported that in connection with Rezone Petition No. 84 of William George one of the requirements (3) A bond be changed posted by each property owner involved for the installation of commercial sidewalks on both sides of Wilson Street, had been discussed by he and Mr. George. The Attorney recommended that the property owners instead of posting a bond be allowed to pro- vide an agreement which provides that the property owners agree to install commercial sidewalks before they may obtain a building permit to construct. Thereupon it was moved by Councilman B.Smith, seconded by Councilman Pinkley, and carried, that requirement No. 3 on Rezone Petition No. 84 be rescinded and that an agree- ment signed by all property owners be filed with the office of the City Clerk waiving their right of a building permit for con- struction of building or buildings until the sidewalks are in- stalled. 10¢ per water meter The City Attorney reported that he had attended, with Mr. Pinkley, allowed to C.M. County the Costa Mesa County Water District meeting, and at.this meeting Water District they voted to have each of the Water Districts and the City con- tribute $.10 per meter for expenses between now and January 1. Thereupon a minute resolution authorizng payment of $.10 per water meter to the Costa Mesa County Water District, was adopted upon motion by Councilman Pinkley, seconded by Councilman Meyers, and carried by the following roll call vote: AYES: Councilmen B.Smith, Meyers, Pinkley, J.Smith NOES: Councilmen'- None ABSENT: Councilman Rea Change order to Paul The City Engineer presented change orders to the contract with Gardner Corp. Paul Gardner Corp. for the installation of traffic signals with a deduction of $253.62 and an addition of $1,538.50, leaving a balance of $1,284.88 for relocating service at 17th and Irvine, installing overhead signals at Harbor and Wilson, and smaller items as listed on his communication of October 19, 1959• Thereupon it was moved by Councilman B.Smith, seconded by Councilman Meyers that the cYarge order be allowed. The motion carried by the follow- ing roll call vote: AYES: Councilmen B.Smith, Meyers, Pinkley, J.Smith NOES: Councilmen - None ABSENT: Councilman Rea Work accepted of Paul Gardner Corp. on in- stalling traffic sig- nals 1 Upon motion by Councilman Pinkley, seconded by Councilman Meyers, the work of the Paul Gardner Corporation for the installation of traffic signals at seven intersections; including�'the change orders, was approved upon the recommendation of the City ngineer. The motion carried by the following roll call vote: AYES: Councilmen B.Smith, Meyers, Pinkley, J.Smith NOES: Councilmen - None ABSENT: Councilman Rea Tract No. 2598 Upon motion by Councilman B.Smith, seconded by Councilman Pinkley, Bond exonerated the improvements in Tnact No. 2598, having been completed in ac- cordance with Plans and Specifications, and upon the recommendation of City Engineer, be accepted and the bond posted by the subdivider exonerated. The motion carried by the following roll call vote: AYES: Councilmen B.Smith, Meyers, Pinkley, J.Smith NOES: Councilmen - NOne ABSENT: Councilman Rea Santa Ana Country Club The City Engineer reported that he was negotiating with the Easement -Drain to be Santa Ana Country Club for an easement for a storm drain through advertised for bids their property and requested the Council to approve the wage scale and authorize the advertising for bids for as soon as the agree- ment eas.emvxst has been signed by the Santa Ana Country Club, for 600 ft. of drain. Thereupon it was moved by Councilman Pinkl.ey, seconded by Councilman B.Smith, and carried, that the Wage Scale be approved and the City Engineer authorized to advertise for bids for 600 ft. of drain, as soon as the easement agreement has been received from the Santa Ana Country Club. RESOLUTION NO. 656 The Director of Public Works presented a proposed Resolution with Agreement with Park the Costa Mesa Park and Recreation District of Orange County for District offices and services for the Manager Director by the City. Upon motion by Councilman Pinkley, seconded by Councilman Meyers, Res- olution No. 656, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING AN AGREEMENT BY AND BETWEEN THE COSTA MESA PARK AND RECREATION DISTRICT OF ORANGE COUNTY AND THE CITY OF COSTA MESA FOR THE PROVISION OF OFFICES AND SERVICES FOR THE MANAGER - DIRECTOR OF SAID DISTRICT BY SAID CITY, was adopted by the following roll call vote: AYES: Councilmen B.Smith, Pinkley, Meyers, J.Smith NOES: Councilmen - None ABSENT: Councilman Rea RESOLUTION NO. 657 The Director of Public Works presented a proposed Resolution with Traffic Signal Agree- the County of Orange for the installation of Traffic signals at ment with County the Intersections of Harbor Boulevard with Baker Street and Fair Drive. Upon motion by Councilman Pinkley, seconded by Councilman B.Smith, Resolution No. 656, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING AN AGREEMENT BY AND' BETWEEN THE COUNTY OF ORANGE AND THE CITY OF COSTA MESA FOR THE INSTALLATION OF TRAFFIC SIGNALS AT THE INTERSECTIONS OF HARBOR BOULEVARD WITH BAKER STREET AND FAIR DRIVE, AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE AGREEMENT, was adopted by the following roll call vote: AYES: Councilmen B.Smith, Pinkley, Meyers, J.Smith NOES: Councilmen -None ABSENT: Councilman Rea Change Order No. 1 The Director of Public Works presented Contract Change Order Harbor Boulevard No. 1 with the County of Orange for Harbor Boulevard -Wilson St. to Delhi Road, for additional work in moving a chain link fence, reconstructing concrete curb and gutter and concrete drive ap- proaches. Thereupon it was moved by Councilman B.Smith, seconded by Councilman Pinkley, and carried, that Change Order No. 1 be approved, and the City Clerk be authorized to sign on behalf of the City. Bond exonerated A communication was read from Michael Bingham, Chief Deputy Build - Bldg. Mvg. 219 ing Official recommending the release of the $5,000.00 cash bond Barnett for C. B. Barnett posted on Building Moving 219 inasmuch as the work required had been completed. Upon motion by Councilman Pinkley, seconded by Councilman Meyers the cash bond of $5,000.00 for C. B. Barnett, was exonerated by the following roll call vote: AYES: Councilmen B.Smith, Pinkley, Meyers, J.Smith NOES: Councilmen - None ABSENT: Councilman Rea Dir. of Finance and Upon motion by Councilman B.Smith, seconded by Councilman City Treasurer Reports Pinkley, and carried, the reports of the Director of Finance and City.Treasurer for the month of September were received and ordered filed. REZONE PETITION 48 Rezone Petition No. 48, being the petition of John Hundley, 109112 Hundley Atlantic Boulevard, Lynwood, to rezone from R4 to C1 property lo - Deferred to 3/7/60 cated on the south side of Wilson Street, starting at a point 230 ft. from the center line of harbor Boulevard, west of College 1 Avenue, 333.33 ft. deep was presented. The Public Hearing had been closed on June 15, 1959, and the applicant requested a 120 day extension to the meeting of October 19, 1959• Mr Pinkley stated that he had talked to Mr. Mullins prior to the meeting and the applicant had requested a 120 day extension on the final decision. Thereupon it was moved by Councilman Pinkley, seconded by Councilman B.Smith that a 120 day extension be granted to the meeting of March 7, 1960. ORDINANCE NO. 266 Ordinance No. 266, being AN ORDINANCE OF THE CITY COUNCIL OF Elite Sales Corp. THE CITY OF COSTA MESA AMENDING SECTION 3.2 OF ARTICLE III OF Deferred for 2nd ORDINANCE NO. 32 OF SAID CITY, CHANGING THE ZONING OF LOT 706, reading to 11/2/59 NEWPORT MESA TRACT FROM R4 TO R2, was presented for second read- ing. The Clerk reported that the necessary agreement had not been received. Thereupon it was moved by Councilman B.Smith, seconded by Councilman Meyers, and carried, that second reading be deferred to the next regular meeting on November 2, 1959• ORDINANCE NO. 267 Ordinance No. 267, being AN ORDINANCE OF THE CITY COUNCIL OF 2nd reading THE CITY OF COSTA MESA AMENDING SECTION 3.2 OF ARTICLE III OF Beil Rezone ORDINANCE NO. 32 OF SAID CITY, CHANGING THE ZONING OF LOT 59 TRACT NO. 57 FROM R4 TO R2 was given second reading, upon motion by Councilman Pinkley, seconded by Councilman B.Smith, and carried. Upon motion by Councilman Pinkley, seconded by Councilman Meyers, Ordinance No. 267, was adopted by the follow- ing roll call vote: AYES: Councilmen B.Smith, Pinkley, Meyers, J.Smith NOES: Councilmen - None ABSENT: Councilman Rea ORDINANCE NO. 268 Ordinance No. 268, being AN ORDINANCE OF THE CITY COUNCIL OF Swentek Const. Co. THE CITY OF COSTA MESA AMENDING SECTION 3.2 OF ARTICLE III Deferred for 2nd read- OF ORDINANCE NO. 32 OF SAID CITY CHANGING THE ZONING OF LOTS 1 ing to 11/2/59 THROUGH 14 OF BLOCK "E" FAIRVIEW TRACT, FROM Al TO R2 was presented for second reading. The Clerk reported that the necessary agreement had not been received. Thereupon it was moved by Councilman B.Smith, seconded by Councilman Pinkley, and carried, that second reading be deferred to the next regular meeting on November 2, 1959• ORDINANCE NO. 269 Ordinance No. 269, being AN ORDINANCE OF THE CITY COUNCIL OF William E. George THE CITY OF COSTA MESA AMENDING SECTION 3.2 OF ARTICLE III OF Deferred for 2nd reading ORDINANCE NO. 32 OF SAID CITY, CHANGING THE ZONING OF PORTIONS to 11/2/59 OF LOT 4, TRACT NO. 9 AND LOT 82, TRACT, NO. 57 FROM R4 TO Cl was presented for second reading. The Clerk reported that the necessary agreements and deed had not been received. Thereupon it was moved by Councilman Pinkley, seconded by Councilman Meyers, and carried, that second reading be deferred to the next regular meeting on November 2, 1959• ORDINANCE NO. 270 Ordinance No. 270, being AN ORDINANCE OF THE CITY COUNCIL OF Bryan THE CITY OF COSTA MESA AMENDING SECTION 3.2 OF ARTICLE III OF Deferred for 2nd reading ORIX NANCE NO. 32 OF SAID CITY, CHANGING THE ZONING OF A PORTION to 11/2/59 OF LOT 221,NEWPORT HEIGHTS TRACT, FROM R4 TO R2, was presented for second reading. The Clerk reported that the agreement had not been received but that the right of way deed had not been received. Thereupon it was moved by Counc2man B.Smith, seconded by Councilman Meyers, and carried, that second reading be defer- red to the next regular meeting on November 2, 1959• AYES: Councilmen B.Smith, Meyers, J.Smith NOES: Councilmen - Pinkley ABSENT: Councilmen - Rea ORDINANCE NO. 271 Ordinance No. 271, being AN ORDINANCE OF THE CITY COUNCIL OF 2nd reading THE CITY OF COSTA MESA AMENDING SECTION 3.2 OF ARTICLE III OF Rezone Init. by Plan- ORDINANCE NO. 32 OF SAID CITY, CHANGING THE ZONING OF TRACTS ning Commission NOS. 1872, 3185, 2873, 31+3, AND PORTIONS OF LOT 9 AND FAIRVIEW FARMS TRACT FROM R4 TO R1 was presented for second reading. Upon motioiby Councilman B.Smith, seconded by Councilman Pinkley, and carried, Ordinance No. 271 was given second reading. Upon motion by Councilman B.Smith, seconded by Councilman Meyers, and carried, Ordinance No. 271 was adopted by the following roll call vote: AYES: Councilmen B.Smith, Pinkley, Meyers, J.Smith NOES: Councilmen - None ABSENT: Councilmen - Rea ORDINANCE NO. 272 Ordinance No. 272, being AN ORDINANCE OF THE CITY COUNCIL OF Huntzinger Annexation THE CITY OF COSTA MESA APPROVING THE ANNEXATION OF CERTAIN UN - 2nd reading INHABITED TERRITORY CONTIGUOUS TO THE CITY OF COSTA MESA, IN THE COUNTY OF ORANGE, KNOWN AND DESIGNATED AS "HUNTZINGER AN- NEXATION" was presented for second reading. Upon motion by Councilman B.Smith, seconded by Councilman Pinkley, and car- ried, Ordinance No. 272, was given second reading. Upon motion by Councilman Pinkley, seconded by Councilman B.Smith, Ordinance No. 272 was adopted by the following roll call vote: AYES: Councilmen B.Smith, Pinkley, Meyers, J.Smith NOES: Councilmen - None ABSENT: Councilman Rea ORDINANCE NO. 273 Ordinance No. 273, being AN ORDINANCE OF THE CITY COUNCIL OF Fireworks THE CITY OF COSTA MESA REPEALING ORDINANCE NO. 257, was pre - 2nd reading sented for second reading. Upon motion by Councilman B.Smith, seconded by Councilman Pinkley, and carried, Ordinance No. 273, was given second reading. Upon motion by Councilman Pinkley, seconded by.Councilman Meyers, Ordinance No. 273, was adopted by the following roll call vote: AYES: Councilmen B.Smith, Pin1ley, Meyers, J.Smith NOES: Councilmen - None ABSENT: Councilman Rea Variance 668 Variance application No. 668, being the application of Melvin L. Kiddie Kiddie, 500 San Bernardino Avenue, Newport Beach, for permission to build three units on 8000 sq. ft. of land area, was presented together with the recommendation of the Planning Commission for denial for the following reasons: 1) Immediately to the North of this property are single family homes and to the South there are duplexes. 2) It is felt by the Commission that to allow heavier density would tend to devaluate single family homes to the North and start a trend to a heavier density in the whole area. The application had been deferred from the meeting of October 5 to permit study by the Council of the area. After discussion it was moved by Councilman Pinkley, seconded by Councilman Meyers, and carried, that the action of the Planning Commission for denial, be upheld. Tentative Tr. 3586 Tentative Map of Tract Nol 3586 for K. W. Koll, 1555 Placer�i.a Koll Avenue, Newport Beach, to divide Lot 106,;Newport Heights Tract into 20 lots, was presented together with the recommendation of the -Planning Commission for approval subject to all the requirements of the City Engineer dated October 9, 1959• Mr. Kenneth Koll was present and requested that Variance No. 675 also be considered at this time. Variance No. 675 Variance application No. 675, being the application of K. W. Koll Koll, ilio permit building of three units on Lots 12 through 19, and Lots 2 through 9; and six units on Lots 1';: 10, 11 and 20, Tract 3586, was presented, together with the recommendation of the Planning Commission for approval subject to the following conditions: 1) All the requirements of the City Engineer dated October 9, 1959, for Tentative Map of Tract 3586; 2) Two for one off-street parking ratio under the direction of the Director of Planning; 3) That a solid wooden fence, 4 ft.high be constructed along the rear (the northerly property line) of Lot 20, Tract 3586, 100 ft. in length; 4) That the building setback lines con- form to the plot plan attached to and made a part of the appli- cation. Tent. Tr. 3586 After discussion it was moved by Councilman B.Smith, seconded Approved by Councilman Pinkley, and carried, that Tentative Tr. 3586 be approved subject to the recommendations of the Planning Commis- sion, to become effective when the property owner dedicates an easement to the Edison Company for the installation of street lights on the rear alley of the multiple units. Variance 675 Upon motion by Councilman B.Smith, seconded by Councilman Approved Meyers, and carried, Variance No. 675 was approved subject to the recommendations of the Planning Commission. 1 1 Ode ORDINANCE NO. 275 Upon motion by Councilman Pinkley, seconded by Councilman lst reading Meyers, and carried, first reading was given to Ordinance No. 275, Setbacks Harbor Blvd. being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA AMENDING SECTION 10.3 OF ARTICLE X OF ORDINANCE NO. 32 OF SAID CITY ESTABLISHING SETBACKS IN TRACT NO. 3363 AND BETWEEN VICTORIA AND HAMILTON STREETS EAST OF HARBOR BOULEVARD. Right of way deeds Upon motion by Councilman B.Smith, seconded by Councilman Meyers a right of way deed dated October19, 1959, from Harold 0. and Elizabeth Boyvey, for that certain street known as Avocado Street, was received and ordered placed on record by the following roll call vote: AYES: Councilmen B.Smith, Pinkley, Meyers, J.Smith NOES: Councilmen - None ABSENT: Councilman Rea Upon motion by Councilman B.Smith, seconded by Councilman Meyers, a right of way deed dated October 19, 1959, from Aubrey J. and Irma. L. Eichorn, for that certain street known as Elden Avenue, was received and ordered placed on record by the following roll call vote: AYES: Councilmen B.Smith,-Pinkley, Meyers, J.Smith NOES: Councilmen - None ABSENT: Councilman Rea Upon motion by Councilman B.Smith, seconded by Councilman Meyers, a right of way deed dated October 15, 1959, from Griffith Company and Winfield Investment Company, -for that certain alley in Tract 3585, was received and ordered placed on record by the following roll call vote: AYES: Councilmen B.Smith, Pinkley, Meyers, J.Smith NOES: Councilmen - None ABSENT: Councilman Rea Upon motion by Councilman B.Smith, seconded by Councilman Meyers, a right of way deed dated October 7, 1959, from Chester H. and Kathryn E. Ford and Willis E. Ford for that certain street known as Alley adjacent to Tract 2822 was received and ordered placed on record by the following roll call vote: AYES: Councilmen B.Smith, Pinkley, Meyers, J.Smith NOES: Councilmen - None ABSENT: Councilman Rea Upon motion by Councilman B.Smith, seconded by Councilman Meyers, a right of way deed dated October 5; 1959, from Maylene Inc., for that certain alley for Tract 2822, was received and ordered placed on record by the following roll call vote: AYES: Councilmen B.Smith, Pinkley,'Meyers, J.Smith NOES: Councilmen - None ABSENT: Councilmen Rea Upon motion by Councilman B.Smith, seconded by Councilman Meyers, a right of way deed dated October 8, 1959, from Charles and Edna DiMa.io for that certain spandrel on 18th and Whittier, was re- ceived and ordered placed on record by the following roll call vote: AYES: Councilmen B.Smith, Pinkley, Meyers, J.Smith NOES: Councilmen - None ABSENT: Councilman Rea Upon motion by Councilman B.Smith, seconded by Councilman Meyers, a right of way deed dated October 8, 1959, from Arthur A. and Daisy D. Kitts, for that certain street known as Santa Isabel was received and ordered placed on record by the following roll call vote: AYES: Councilmen B.Smith, Pinkley, Meyers, J.Smith NOES: Councilmen - None ABSENT: Councilman Rea Upon motion by Councilman B.Smith, seconded by Councilman Meyers, a right of way deed dated October 5, 1959, from Walter E. and Barbara S. Beil, for that certain street known as Victoria Street, was received and ordered placed on record by the following roll call vote: AYES: Councilmen B.Smith, Pinkley, Meyers, J.Smith NOES: Councilmen - None ABSENT: Councilman Rea Upon motion by Councilman B.Smith, seconded by Councilman Meyers, a right of way deed dated October 16, 1959, from Virgil D. and Erma M. Paris, for that certain street known as Elden Avenue, was received and ordered placed rn record by the following roll call vote: AYES: Councilmen B.Smith, Pinkley, Meyers, J.Smith NOES; Councilmen - None ABSENT: Councilman Rea Uon motion by Councilman B.Smith, seconded by Councilman Meyers a right of way deed dated -September 22, 1959, from Nicholas Angelo and Juanita I. Elefther for the Santa Ana Storm Drain was received and ordered placed on record by the following roll call vote: AYES: Councilmen B.Smith, Pinkley, Meyers, J.Smith NOES: Councilmen - None ABSENT: Councilman Rea Upon motion by Councilman B.Smith, seconded by Councilman Meyers a right of way deed dated September 22, 1959, from Cardon Homes, Inc. for the Santa Ana Storm Drain Channel was received and ordered placed on record by the following roll call vote: AYES: Councilmen -.Smith, Pinkley, Meyers, J.Smith NOES: Councilmen - None ABSENT: Councilman Rea Public Hearing Set Upon motion by,'Councilman Pinkley, seconded by Councilman Meyers 17th Place Setbacks and carried, Public Hearing was set for 7:30 o'clock p.m. on Monday, November 2, 1959, in the City Hall for the establish- ment of building setback lines along E. 17th Place. Building Moving 275 Application for Building Moving Permit No. 275, being the appli- Boyvey cation of H. 0. Boyvey, 1139 W. Balboa Blvd. Balboa, to move a residence from 147 Flower St. to 340 Avocado Street, was presented together with the recommendation of the Planning Commission for approval subject to the following conditions: 1) Dedication of 10.00 ft. along Avocado Street to the City of Costa Mesa for street purposes; 2) All the requirements of the Department of Building Safety; 3) The posting of a 4000.00 Bond. The Clerk reported the right of way deed had been received. Upon motion by Councilman B.Smith, seconded by Councilman Pinkley, and carried, the Council upheld the decision of the Planning Commission for approval. Building Moving 276 Application -for Building Moving Permit No. 276, being the appli- Nello::, cation of Lillian C. Nello, 2443 Norse Street to move a dwelling from 2201 Newport Blvd. to 2443 Norse Street, was presented to- gether with a recommendation from the Planning Commission for ap- proval subject to all the requirements of the Department of Build- ing Safety, including the posting of a $4,000 bond. Mrs. Nello was present in behalf of her application. Mrs. Erickson, 2437 Norse Avenue, spoke stating that she did not wish to protest the move in but requested that a shed that was used for storage be removed after the house:: is completed. The Council asked if this was agreeable to Mrs. Nello, and she stated that it was. Thereupon it was moved by Councilman Pinkley, seconded by ouncilman B.Smith, and carried, that the action of the Planning Commission be upheld and that a further stipulation be -added: That the shed that is usedfor storage must be removed before the bond can be released. Building Moving 277 Eichorn 1 1 Application for Building Moving Permit No. 277, being the appli- cation of A. Eichorn; 2320 Elden Avenue, Costa Mesa, to permit moving a duplex from 2201 Newport Blvd. to 2320 Elden Avenue, was presented together with a recommendation of the Planning Commission for approval subject to the following conditions: 1) Dedication to the City of Costa Mesa for all land 30.00 feet from the center line of Elden AvEnue for street purpose; 2) All the requirements of the Department of Building Safety, .including posting of a $6,000.00 bond. Upon motion by Councilman B. Smith, seconded by Councilman Meyers, and carried, the Building Moving was approved'subject to the recommendations of the Plan- ning Commission. Variance No.. 666 Variance Application No. 666, being the application of Russard Russard Company Company, 5202 E. Firestone Place, Southgate, California, to permit construction of 12 units on 21,750 sq. ft.'of land area, and to permit an encroachment of 10.00 ft. into the required front yard setback of 50 ft. from the center line of Maple Avenue and an encroachment of 17.5 ft. into required rear yard, located on the northwest corner of West Victoria St. and Maple Avenue, was presented together with the recommendation of the Planning Com- mission for denial for the following reasons: 1) Over -building on the land; 2) Since the applicant is also asking for devia- tions in yard setbacks it would bear out that he is over -building, Mr. Tony Petitte was present in behalf of the applicant and re- quested favorable Council action. After discussion it was moved by Councilman B. Smith, seconded by Councilman Pinkley, and carried, that the action of the Planning Commission for denial be upheld. Variance No. 67o Variance application No. 670, being the application of Michael H. Salzman Salzman, 6476 E1 Paseo Street, Long Beach 15, to permit construction of 12 units on 19,305 sq..feet of land area, located on the north side of Monte Vista Avenue, approximately 360 feet easterly of the center line of Newport Boulevard -was presented together with the recommendation of the Planning -Commission for approval subject to the following conditions: 1) Two to one off-street parking ratio under the direction of the Director of Planning; 2) Dedication of 30.00 feet along the northwesterly side of this property (as shown on the plot plan) to the City of Costa Mesa for street pur- poses. Mr. Salzman was present in behalf of his application. After discussion as to the proposed street and 2 for 1 parking, it was moved by Councilman B. Smith, seconded by Councilman Pinkley, and carried, that Variance 670 be approved subject to the re- commendations of the Planning Commission with the added stipulation that said variance to,become effective upon receipt of the dedication, and that the applicant be granted an encroachment permit for as long as the City does not use the 30 feet for street purposes, that he shall convert the 30 feet dedication into usable parking spaces. Upon motion by Councilman Pinkley, seconded by Councilman Meyers, the applicant was granted an encroachment permit to use the 30 feet dedication for parking purposes to.be_:cancelled by the City upon the use of the 30 feet for street purposes. Variance No. 671 Variance application No. 671, being the application of Robert J. Foster Foster, 2130 Federal Avenue, to permit addition of a garage and family room with an encroachment of 1.7 feet into required 5 feet side yard setback; and encroachment of 4.22 into required 9.52 fe-et- rear yard setback, located at 2130 Federal Avenue, was presented together with -"the recommendation of the Planning Commission for approval.. ;Upon -motion by Councilman B. Smith, seconded by Council- man Meyers, and carried, the action of the Planning Commission was upheld Variance No. 674 Variance application No. 674, being the application of Harold E. Langston Langston; 2253 Cornell Drive„ to -permit an encroachment of 6.9 feet into the required 20.4 feet"rear yard setback for an attached garage at 2253 Cornell Drive, was presented, together with the recommendation of the Planning Commission for approval. Upon motion by Councilman Meyers, seconded -by Councilman Pinkley, and carried, the action of the Planning Commission was upheld. :'r"-t•L� �.d 0..s` Variance No. 676 Variance application No. 676; being the application of Floyd Marsh Marsh, 1720 Orange Avenue to encroach 9:00 feet into the Action deferred required 25 feet rear yard setback for an office building at 1712 Orange Avenue was presented. The Clerk read a communica- tion from Mr. Marsh requesting deferral of action by November 2, 1959. Upon motion by Councilman B. Smith, seconded by Councilman Pinkley, the request was granted. Butterfield Adv. Co. A communication was read from Woodrow W. Butterfield, Butterfield Erect'two signs Outdoor Advertising Corp., 13960 Harbor Boulevard, Garden Grove, to erect three 10' x 10' directional signs for the Harbor Shop- ping Center one on Baker, East of Harbor; one on Newport Blvd., north of Wilson and one on Palisades Road, south of Newport. The Clerk informed the Council that the one on Palisades Road + south of Newport was in the County and therefore the Council could take no action. Thereupon it was moved by Councilman Pinkley, seconded by Councilman Meyers, and carried, that permit be granted for erection of two 10' x 10' signs to advertise the Harbor Shopping Center, one on Baker, east of Harbor, one on Newport Blvd., north of Wilson. Warrant Resolution Upon motion byyCouncilman Pinkley, seconded by Councilman Meyers, No. 188 Warrant Resolution No. 188 including Payroll No. 129 and 130 was adopted by the following roll call vote: AYES: Councilmen: B. Smith, Pinkley, Meyers, J. Smith NOES: Councilmen: None ABSENT: Councilmen: Rea 1 Encroachment Permit The Mayor inquired if there were anyone present wishing to speak on Signal Oil Company some item not on the agenda. Thereupon City Attorney Dungan stated that Mr. Wilson was in the process of obtaining a right of way ease- ment from Signal Oil Co. for a spandrel on the corner of Broadway and Newport Boulevard, and that Signal Oil Co. wished to leave a light standard in place on this corner until such time as the span- drel is put in. Mr. Wilson stated that Signal Oil Co. had agreed to move the light standard when the spandrel was put in, and they would place no advertising on the pole. Thereupon it was moved by Councilman Pinkley, seconded by Councilman B. Smith, and car- ried that an encroachment permit be granted to Signal Oil Co..for a light standard in the right of way, said standard to be removed at no cost to the City, when the right of way is used for the spandrel. Written Communica- No one else desiring-, to speak the Mayor called for written communi- tions cations. Henderson -House A communication was read from Arthur W. Henderson, 251 Avocado, Trailer requesting permission to park a house trailer at the rear of 251 Avocado Street due to illness in a family that they are taking care of. The Attorney informed the Council that under the Trailer Ordinance no variance is allowed to park a house trailer outside of a Trailer Park.. Thereupon it was moved by Councilman B. Smith, seconded byyCouncilman Pinkley, and carried, that the letter be received and the Clerk instructed to write: a communication to Mr. Henderson informing him of the ruling under the Trailer Or- dinance. March of Mimes Cam- Upon motion by Councilman Pinkley, seconded by Councilman B. Smith, paign and carried, a free permit was granted to the Orange County Chapter of the March of Dimes, to conduct the 1960 March of al -me s Cam- paign, and also proclaimed January 1960 as March of Dimes. Month. Fire Department Upon motion by Councilman B. Smith, seconded by Councilman Commendation Pinkley the communication from Helen D. Bowman, R.N., Director of the Associate Degree Program in Nursing at Orange Coast College commending the Fire Department on their instruction to her class, was received -and a copy ordered transmitted to the Fire Department. A. B. C. Reports Upon motion by Councilman Pinkley, seconded by Councilman Meyers, and carried, the reports of the Alcoholic Beverage Control for a new off -sale beer and wine license for Stater Bros. Markets at 2180 Newport Blvd. and a new off -sale beer and wine license for Fox Markets, Inc., 175 E. 17th Street, were received and ordered filed. Adjournment Upon motion by Councilman B.Smith, seconded by Councilman Meyers, and carried, the meeting was adjourned at 9:30 p.m. to 8:00 p.m. Monday, October 26, 1959, in the Council Chambers at the City Hall, 695 W. 19th Street, Costa Mesa. May of e Ci y of osta Me a ATTEST: City Clerk of the City of Costa Mesa -By� ��_�� Chief Deputy 7