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HomeMy WebLinkAbout03/03/1969 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA March 3, 1969 PART I The City Council of the City of Costa Mesa, California, met in regular session at 6:30 p.m., March 3, 1969, at the City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor for the purpose of discussion and debate on matters scheduled for Part II of the meeting and such actions as the Council desires to take under Section 2203 of the Municipal Code of the City of Costa Mesa. Fence Complaint The Clerk presented the complaint regarding the fence at the wrecking yard in the vicinity of 2099 Placentia Avenue, from the meeting of February 17, 1969. He reported. -that he had received no recommendation. Written ' The Clerk presented the following written communications: Communications Resolution from the City of San Clemente opposing oil drilling offshore from the Orange County coast; Resolution from the City of Newport Beach requesting that public hearings be held for the purpose of considering revocation of all permits granted authorizing geological sampling operations including drilling operations under tide and submerged lands; Resolution from the City of Orange opposing action on -the proposed dissolution of the Orange County Harbor District; Resolution from the City of Newport Beach requesting that the Board of Supervisors oppose the use of Orange County Airport by Pacific Northwest as proposed in the proceedings pending before the Civil Aeronautics Board; a letter from Mrs. C. D. Schblain, 630 Plumer Street, Costa Mesa, opposing the S-7 (red -blue) proposed Route 55 freeway through Costa Mesa; a minute resolu- tion of the City.of Los Alamitos endorsing Senate Bill 285; Roll Call Councilmen Present: Wilson, Tucker, Pinkley, Jordan, St. Clair Councilmen Absent: None Officials•Present: City Manager, City Attorney, City Clerk, City Engineer Minutes The minutes of the regular meeting of February 17, 1969, and February 17, 1969 the special meeting of February 28, 1969, were approved as February 28, 1969 distributed and posted, on motion by Councilman Jordan, seconded by Councilman St. Clair, and carried. Ordinance 69-5 The Clerk presented for second reading and adoption Adopted Ordinance 69-5 entitled AN ORDINANCE OF THE CITY COUNCIL OF Country Club North THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE ANNEXATION Annexation OF CERTAIN UNINHABITED TERRITORY CONTIGUOUS TO THE CITY OF COSTA MESA IN THE COUNTY OF ORANGE, KNOWN AND DESIGNATED AS "COUNTRY CLUB NORTH". On motion by Councilman Wilson, seconded by Councilman.Tucker, Ordinance 69-5 was read by title only and adopted by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Pinkley, Jordan, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Fence Complaint The Clerk presented the complaint regarding the fence at the wrecking yard in the vicinity of 2099 Placentia Avenue, from the meeting of February 17, 1969. He reported. -that he had received no recommendation. Written ' The Clerk presented the following written communications: Communications Resolution from the City of San Clemente opposing oil drilling offshore from the Orange County coast; Resolution from the City of Newport Beach requesting that public hearings be held for the purpose of considering revocation of all permits granted authorizing geological sampling operations including drilling operations under tide and submerged lands; Resolution from the City of Orange opposing action on -the proposed dissolution of the Orange County Harbor District; Resolution from the City of Newport Beach requesting that the Board of Supervisors oppose the use of Orange County Airport by Pacific Northwest as proposed in the proceedings pending before the Civil Aeronautics Board; a letter from Mrs. C. D. Schblain, 630 Plumer Street, Costa Mesa, opposing the S-7 (red -blue) proposed Route 55 freeway through Costa Mesa; a minute resolu- tion of the City.of Los Alamitos endorsing Senate Bill 285; Written Notice of Public Hearing to be held by Orange County Planning Communications Commission on a proposed amendment to the Master Plan of Continued Arterial Highways on March 12, 1969, in Santa Ana; Notice of Public Hearings to be held on March 12, 1969, by the Local Agency Formation Commission on the follos'ring proposed annexations: Wakeham Avenue Annex to the City of Santa Ana, Engineer's No. 112, 117, 118, and 119 to the Costa Mesa Sanitary District; letter from the California Highway Commission acknowledging receipt of Costa Mesa's Resolution 69-16, urging early concurrent construction of two segments of the Corona del Mar Freeway; letter from Martin J. Lockney, Sr., Guaranty Chevrolet, 711 East 17th Street, Santa Ana,. expressing appreciation to the Council for opening the third lane northbound on Neurport Boulevard; a preliminary draft of the Committee Study Report on Special Districts in Orange County from the Orange County League Special Districts Committee; a resolution from the City of Long Beach expressing disapproval of minors being permitted to cross the Mexican border into Mexico unless accompanied by an adult; a resolution from the City of Long Beach urging support of Senate Bill 4; copy of application for Alcoholic Beverage off -sale beer and wine license transfer from P. J. and Kathleen J. Giardano, Jr., and The Southland Corporation to The Southland Corporation, at 7 -Eleven, 110 East 19th Street; from the California Department of Public Works, Division of Highways, the study and report requested by Section 2156 of the Streets and Highways Code. On motion by Councilman Jordan, seconded by Councilman Wilson, and carried, the written communications were received and filed. Permits The Clerk presented a request from Muscular Dystrophy Associations of America, Incorporated, Orange County Chapter, Muscular Dystrophy 1503-J Tustin Avenue, Santa Ana, for permission to conduct Association fund raising campaigns during 1969 by ticket sales for Junior Rodeo, May 30 and 31, at the Orange County Fairgrounds, and the annual door-to-door campaign November 1 through 10. On motion by Councilman Jordan, seconded by Councilman St. Clair, and carried, the request was approved with Section 691+-1 of the Municipal Code being waived. Antique Bottle Club The Clerk read a letter from Mrs. Nancy C. Mansur, secretary of the Antique Bottle Club of Orange County, Post Office Box lo424, Santa Ana, requesting permission to go on City -owned land to dig for old bottles, agreeing in advance that upon completion of such digging the site will be returned to as near its original condition as is possible. On motion by Councilman Wilson, seconded by Councilman Tucker, and carried, the request was granted subject to the approval of the City Manager and the provision of submission of waiver of liability in the interest of the City of Costa Mesa. Atlantic Research The request of Atlantic Research Corporation for permission to Additional Trailer place an additional trailer in the existing test site at 3333 Harbor Boulevard was approved on motion by Councilman Wilson, seconded by Councilman Tucker, and carried, subject to the original agreement to remove the test site upon completion of the Hyland Laboratories building. Departmental On motion by Councilman Jordan, seconded by Councilman Reports Wilson, and carried, the following departmental reports were received and filed: Fire; Street; Traffic; Police; for the month of January; Finance, for the number of non-profit Departmental permits issued during the month of February;, and Clerk, for Reports the claims received and processed since the last regular City Continued Council meeting. Warrant Resolution On motion by Councilman Jordan, seconded by Councilman Wilson, No. 570 Warrant Resolution No. 570 including Payroll No. 6904 was approved by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Jordan, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Warrant Resolution On motion by Councilman Jordan, seconded by Councilman Wilson, No. 571 Warrant Resolution No. 571 was approved by the following roll call vote: AYES: Councilmen: Wilson; Tucker, Jordan, Pinkley St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Warrant Resolution On motion by Councilman Wilson, seconded by Councilman Jordan, No. 572 Warrant Resolution No. 572 was approved by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Jordan, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Resolution 69-19 -The City Manager stated that with the taking over by the City Golf Course Fund of the operation and maintenance of the Costa Mesa Golf Course, it would be necessary to establish a Golf Course Fund and allocate working capital. After discussion, on motion by Councilman Wilson, seconded by Councilman St. Clair, Resolution 69-19, entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ESTABLISHING A GOLF COURSE FUND TO BE DESIGNATED AS FUND NO. 53, AND AUTHORIZING THE TRANSFER OF $75,000.00 WORKING CAPITAL FROM THE GENERAL FUND, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Jordan, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Resolution 69-20 The City Manager reported that it would also be necessary to Personnel Classi- establish personnel classifications and salary ranges for fications For Golf employees at the golf course, and on motion by Councilman Jordan, Course and Salaries seconded by Councilman Wilson, Resolution 69-20, entitled A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ESTABLISHING PERSONNEL CLASSIFICATIONS AND SALARY RANGES FOR COSTA MESA GOLF COURSE PERSONNEL, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Jordan, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Hearing of Civil The City Manager reported that the City had arranged to intervene Aeronautics Board in the scheduled hearing before the'Civil Aeronautics Board at in Washington D. C. Washington on'March 25, on the proposed.addition of plane service to the Pacific Northwest from Orange County and that the designation of delegates was now.required. Mr. Daniel W. Emory, 2250 Golden Circle, Newport Beach, requested per- mission to speak from the floor. He expressed concern over Hearing of Civil increased traffic and the use of larger jet planes if the Aeronautics Board Pacific Northwest flights were permitted. Councilman Tucker in Washington, D. C. asked if this discussion could not be held over until the Continued public hearings portion of the meeting after 7:30 o'clock to permit a larger attendance and broader consideration of the question. Mr. Emory said that he was agreeable to the delay, and the Mayor then ordered the discussion Orange County postponed. Later in the meeting the Mayor recalled Mr. Airport Emory, and the airport discussion continued. Mr. Emory stated that Orange County Airport should be made a Metroport, or feeder airport, as recommended in the Pereira report, for Los Angeles International Airport and its satellites. He urged short -run taxi service as an objective for the City, stating that the large airlines, if permitted, would drive out the needed commuter service. He referred to Orange County Airport as a potential dumping ground for surplus and unwanted Los Angeles flights. Councilman Wilson pointed out that the decision rested with the Board of Supervisors and Mr. Emory said that Costa Mesa's position would carry great weight with the Civil Aeronautics.Board at the Washington hearing on March 25. Jack Hammett, president of the Costa Mesa Chamber of Commerce, told the Council of the work the Chamber's aviation committee has been doing on the airport problem, and there was a lengthy discussion of other sites for a regional airport. Mrs. Patrick Shepard, 2908 Silver Lane, and Don Smallwood, 1918 Kornat Drive, Costa Mesa, spoke from the floor in opposition to the addition of Pacific Northwest service. Reference was made to the recommendation of the Planning Director's supporting the expanded service as the simplest and easiest way to force the development of an intra -continental airport facility in Orange County. After lengthy discussion, and comment from all members of the Council upon the problem, on motion by Councilman Wilson, seconded by Councilman Jordan, the Mayor was designated to attend the public hearing of the Civil Aeronautics Board on March 25, 1969, to make known the Council's position as recommended by the Director of Planning. The motion was amended by Councilman Wilson, seconded by Councilman Jordan, to direct the Mayor to contact Senators Murphy and Cranston, and Congressmen Utt and Hanna to request of the Federal Government a solution to the problem of ever-increasing noise and air pollution, and also to obtain the Federal Government's help for the location of a major airport in Orange County. The motion carried by the following roll call vote: AYES: Councilmen: Wilson, Pinkley, Jordan NOES: Councilmen: Tucker, St. Clair ABSENT: Councilmen: None City Attorney The City Attorney had nothing to report. Notice of Completion The City Engineer reported that Brattain Contractors, Incor- Tract 53+0 porated, 1302 West Commonwealth Avenue, Fullerton, had com- Brattain Contractors pleted all of the improvements within the public right of way in Tract 53+0, located 62 lots north of Paularino Avenue, west of Bear Street, and he recommended that the improvements be accepted and the bonds be exonerated. On motion by Councilman Jordan, seconded by Councilman Wilson, and carried, the improvements were accepted and bonds exonerated, and the Clerk was directed to file Notice of Completion with the County Recorder. 1 1 1 R-2-69, Dillman Later in the meeting the motion setting Rezone Petition Motion Rescinded R-2-69 for public hearing, for Max Dill -man, was rescinded on motion by Councilman Jordan, seconded by Councilman Pinkley, and unanimously carried. H. Calvin Stilley On motion by Councilman Wilson, seconded by Councilman Vehicle Parking Jordan, and carried, the Council reappointed H. Calvin District No. 1 Stilley to Vehicle Parking District No. 1 for a three- year term to expire February 7, 1972. Right of Way Deeds :, Final Map of The City Engineer presented the final map of Tract 6757, Tract 6757 58 lots south of Adams Avenue, north of Costa Mesa Country Jamaica Construction Club, and west of Mesa Verde Drive East, by Jamaica Con- struction Company, 2850 Mesa Verde Drive, Costa Mesa, to- gether with two signed copies of the agreement; performance AYES: bond in the amount of $109,900.00; labor and material bond in the amount of $109,900.00; monument bond in the amount St. Clair of $1;500.00; two checks in the amounts of $7,058.28 and NOES: $58.32; a check in the amount of $1,928.71 payable to the Costa Mesa Sanitary District. On motion by Councilman Jordan, Resolution 69-21 seconded by Councilman Wilson, Resolution 69-21, being A DATE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE MAP OF TRACT NO. 6757 AND Francis X. Shoen Baker Street ACCEPTING THE STREETS AND ALLEYS SHOWN THEREON FOR PUBLIC 1- 2-69 USE FOR HIGHWAY PURPOSES AND AUTHORIZING THE CITY CLERK TO Live Entertainment SIGN SAID MAP AND AUTHORIZING THE MAYOR AND CITY CLERK TO Police presented the application of Marvin SIGN THE AGREEMENT, was adopted by the following roll call . Oberndorfer, vote: Marvin Oberndorfer AYES: Councilmen: Wilson, Jordan, Tucker, Pinkley, 1976 Newport Boulevard, recommending approval. St. Clair On motion by NOES: Councilmen: None ABSENT: Councilmen: None Set for Public On motion by Councilman Jordan; seconded by Councilman Hearing Tucker, and carried, the following rezone petitions were set for public hearing on March 17, 1969, at -7:30 p.m., or as soon thereafter as practicable: R-2-69, Dillman 1. Rezone Petition R-2-69,.Max Dillman, 1322 East Ocean Motion Later Front, Balboa, for permission to rezone from M1, Manufacturing Rescinded District, to Rl, Single Family District, property on the southwest corner of Whittier Avenue and West 18th Street. R-3-69 2. Rezone Petition R-3-69, Costa Mesa Planning Commission, for permission to rezone property at the northwest corner of Harbor Boulevard and the San Diego Freeway from M1, Manufacturing District, to Cl -CP, Local Business District, Conditional Permit. R-2-69, Dillman Later in the meeting the motion setting Rezone Petition Motion Rescinded R-2-69 for public hearing, for Max Dill -man, was rescinded on motion by Councilman Jordan, seconded by Councilman Pinkley, and unanimously carried. H. Calvin Stilley On motion by Councilman Wilson, seconded by Councilman Vehicle Parking Jordan, and carried, the Council reappointed H. Calvin District No. 1 Stilley to Vehicle Parking District No. 1 for a three- year term to expire February 7, 1972. Right of Way Deeds On motion by Councilman Tucker, seconded by Councilman Jordan, the following right of way deeds were accepted and ordered placed on record by the following roll call vote: AYES: Councilmen: Wilson, Jordan, Tucker, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None DATE NAME FOR STREET 2-14-69 Francis X. Shoen Baker Street 1- 2-69 Saul Sher, et al Wilson Street Live Entertainment The Chief of Police presented the application of Marvin Permit Oberndorfer, 455 Catalina Drive, Newport Beach, as owner Marvin Oberndorfer of Pier 11, 1976 Newport Boulevard, recommending approval. Pier 11 On motion by Councilman St. Clair, seconded by Councilman Wilson, and carried, the permit was granted. Sauna Bath Permit The Chief of Police also presented the application of Robert Hughes Harry Robert Hughes, 9868 Continental, Huntington Beach, Elite Sauna for a Sauna Bath Permit at the Elite Sauna, 2626 Newport Boulevard. He recommended denial on the basis of the applicant's record, and on motion by Councilman Wilson, seconded by Councilman St. Clair, and carried, the permit was denied. Noise Levels in Bars Councilman Tucker then asked that the City Manager be Decibel Study instructed to seek some method of recording noise levels of bars and asked what could be done to hold the level of noise down. Councilman St. Clair asked that the field be expanded to cover motorcycle mufflers. On motion by Councilman Tucker, seconded by Councilman St. Clair, and carried, the investigation was ordered.. Automatic Annex- Councilman Wilson said that copies of a memo from the ations Opposed Director of Planning regarding annexations had been distributed to each Councilman. Councilman Wilson made a motion that a letter be written to the League of Cities stating the Council's position opposing automatic annex- ations without the City having the privilege of refusing the proposed annexation for the reasons listed in the Director of Planning's memo, one of the reasons being, that would place the City in the position of financial obligation that the City might not be ready to assume. Councilman St. Clair seconded the motion, and it was carried. Resolution 69-22 On motion by Councilman Wilson, seconded by Councilman Structural Fire Pinkley, Resolution 69-22, being A RESOLUTION OF THE CITY Protection COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, FINDING THAT THE CITY OF COSTA MESA HAS AN ORGANIZED FIRE DEPAR- TMENT IN OPERATION AND EXISTENCE WHICH PROVIDES ADEQUATE STRUCTURAL FIRE PROTECTION TO ALL PROPERTY WITHIN SAID CITY, AND AUTHORIZING PETITION TO BE FILED WITH THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO HAVE PROPERTY WITHIN SAID CITY EXEMPTED FROM THE LEVY OF ANY COUNTY TAX TO PROVIDE STRUCTURAL FIRE PROTECTION, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Jordan, Pinkley, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Orange County The Clerk presented a proposed resolution regarding the Harbor District dissolution of the Orange County Harbor District. After discussion, on motion by Councilman Wilson, seconded by Councilman St. Clair, and carried, the proposed resolution was tabled. Recess The Mayor declared a recess at 7:12 p.m. PART II The City Council of the City of Costa Mesa, California, continued its regular session at 7:30 p.m., March 3, 1969, at the City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor followed by the Pledge of Allegiance to the Flag and invocation by the Reverend Joseph W. McShane of Mesa Verde United Methodist Church. Roll Call Councilmen Present: Wilson, Tucker, Pinkley, Jordan, St. Clair Councilmen Absent: None Officials Present: City Manager, City Attorney, City Engineer, City Clerk Airport Discussion At this point discussion took place regarding the Orange County Airport. See Part I. Public Hearing The Mayor announced that this was the time and the place set Master Plan of for the public hearing for the First Element of the Fourth Bicycle Ways Phase of the Costa Mesa Comprehensive Long Range Plan (Master Plan of Bicycle Ways), located in the Mesa Verde area, as shown on a map on file in the Office of the City Clerk. The Clerk read the recommendation of the Planning Commission for adoption. The Mayor inquired if anyone wished to speak. Mr. Don Smallwood, 1918 Kornat Drive, Costa Mesa, said the plan had been reviewed by the board of directors of the Mesa Verde Home Owners Association and they thought the plan had some merit. The Mayor declared the public hearing closed. Upon motion by Councilman St. Clair, seconded Resolution 69-23 by Councilman Wilson, Resolution 69-23, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA ADOPTING THE FIRST ELEMENT OF THE FOURTH PHASE OF THE COSTA MESA COMPRE- HENSIVE LONG RANGE GENERAL PLAN, BEING A MASTER PLAN OF BICYCLE WAYS LOCATED IN THE MESA VERDE AREA, was adopted by the following roll call vote: AYES: Councilmen: Wilson, Tucker, Pinkley, Jordan, St. Clair NOES: Councilmen: None ABSENT: Councilmen: None Proposed Ordinance The Mayor said that at the meeting of December 2, 1968, Closing Out Sales the proposed ordinance providing for Closing Out Sales was referred to the Chamber of Commerce for study and recommendation. The City Attorney reported on the sug- gestions by the Retail Committee of the Chamber of Commerce. On motion by Councilman Jordan, seconded by Councilman Milson, and carried, the City Attorney was directed to rewrite the ordinance incorporating the Retail Committee's suggestions. Extending Zone The Clerk presented the proposed ordinance extending Zone Exception Permits Exception Permit authorization to Industrial Zones. He to Industrial Zones read the recommendation of the Planning Commission that no changes be made in the M1 and M2 Ordinance, as to allow Zone Exceptions in these zones could be of serious con- sequence. After discussion, motion by Councilman Wilson, seconded by Councilman Pinkley, to adopt the recommendation of the Planning Commission failed to pass by the following roll call vote: AYES: Councilmen: Wilson, Pinkley NOES: Councilmen: Tucker, Jordan, St. Clair ABSENT: Councilmen: None On motion by Councilman Tucker, seconded by Councilman Wilson, and carried, the Council requested that each Councilman be supplied within one week's time, to allow time for study before the Council meeting of March 17, 1969, with a copy of the ordinance accompanied by a map colored to portray the Ml areas. Fire Zones The Clerk presented the proposed ordinance creating, establishing, and adopting Fire Zones within the City of Costa Mesa. Upon motion.by Councilman Jordan, seconded by Councilman Wilson, and carried, the Council requested additional information, and the matter is to be brought back on the agenda at the earliest possible time. Tentative Tract The Clerk presented Tentative Map of Tract 6614, First 661+, First Revision Revision, for Suburbia, Incorporated, 110+ East 17th Suburbia Street, Santa Ana, for permission to divide property in the general area south of the San Diego Freeway, north of Gisler Avenue and west of Harbor Boulevard, into 46 lots, together with the recommendation of the Planning Commission for approval subject to all the conditions as outlined in the Planning Department's letter of recommendation dated February 19, 1969, and subject to all the conditions as outlined in the City Engineer's letter of February 17, 1969, with the exception of Condition No. 20 which should be deleted. Mr. Ralph Jensen, representing the applicant, spoke from the floor saying that the applicant agreed to the conditions. After discussion, upon motion by Councilman Jordan, seconded by Councilman St. Clair, and carried, the application was approved subject to the recommendation of the Planning Commission with Condition No. 21 of the City Engineer's letter of recommendation dated February 17, 1969, changed to read, "21. Iowa Street shall be fully improved (50 feet in width) from its present terminus to Gisler Avenue." Tentative Tract The Clerk presented Tentative Map of Tract 6862 for Max 6862 G. Dillman, 1322 East Ocean Front, Balboa, for permission Dillman to divide property on the southwest corner of Whittier Avenue and West 18th'Street into 18 lots, together with the recommendation of the Planning Commission for denial. There was no one present to represent the applicant. On motion by Councilman Jordan, seconded by Councilman Tucker, and carried, the application was denied. Encroachment The Clerk presented application for Encroachment Permit 32, Permit 32 Mrs. Carolyn Simonson, 1629 Polk Avenue, San Diego, for Simonson permission for the existing house to encroach 4 feet into City right of way on Orange Avenue and for the existing block wall to encroach 10 feet into the City right of way on Orange and the corner spandrel at 197 Magnolia Street, together with the recommendation of the Planning Commission for approval subject to removal by the applicant of en- croaching structures if and when requested by the City of Costa Mesa, said removal to be at applicant's expense. Roy Watkins was present representing the applicant. Upon motion by Councilman St. Clair, seconded by Councilman Jordan, and carried, the application was approved subject to the recommendation of the Planning Commission. ZE-3-69 The Clerk presented application for Zone Exception Permit Burke ZE-3-69 for Myron Lloyd Burke, 5600 1/2 Second Street, Long Beach, for permission to repair musical instruments and to conduct group music practice in an Ml zone at 193+ Placentia Avenue (occupancy not to exceed ten persons at any one time). This application was held over from the ;:Ar° tti ZE-3-69 meeting of February 3, 1969. Upon motion by Councilman Burke Jordan, seconded by Councilman Wilson, and carried, the Continued Clerk was instructed to hold over the application until the Council acts on the proposed ordinance regarding Zone Exceptions in Industrial Zones. ZE-4-69 The Clerk presented the application for Zone Exception Bukich Permit ZE-4-69, Rudy A Bukich, 13+7 Hampshire Circle, Newport Beach, for permission to construct a 48 -unit apartment complex in an R4 -CP zone at 301 and 307 Avocado Street, together with the recommendation of the Planning Commission for approval. The applicant was present. On motion by Councilman Wilson, seconded by Councilman Jordan, and carried, the application was approved subject to the recommendation of the Planning Commission that the applicant must meet all the requirements of the various departments of the City of Costa Mesa as set forth in the Summary of Certified Recommendations, copy attached to and made a part of the application. ZE-6-69 The Clerk presented application for Zone Exception Permit Woods ZE-6-69, George C. Woods, Jr., 1669-B Placentia Avenue, Costa Mesa, for permission to allow a 2 -foot encroachment into the required 5 -foot side yard setback on the front apartment building and a 5 -foot encroachment into the required 10 -foot rear yard setback on one apartment unit; a total of 16 apartment units to be constructed in an R4 -CP zone at 377 Wilson Street, together with the recom- mendation of the Planning Commission for approval subject to the following condition: Must meet all the requirements of the various departments of the City of Costa Mesa as set forth in the Summary of Certified Recommendations, copy attached to and made a part of the application. On motion by Councilman St. Clair, seconded by Councilman Jordan, and carried, the application was approved subject to the recommendations of the Planning Commission. ZE-9769 The Clerk presented application for Zone Exception Permit Dillman ZE-9-69, Max G. Dillman, 1322 East Ocean, Balboa, for permission to develop 18 lots at the corner of West 18th Street and Whittier Avenue, in Tentative Tract 6862 with the following deviations: (a) Lot areas to range from a minimum of 3,996.85 square feet to 4,250 square feet; (b) Front setback of 36 feet from the center line of streets on all lots; (c) Minimum of 13 -foot rear yard setback on Lots 2-6, 8-12, 14-18; (d) 5 -foot setback from side property line instead of the required 10 -foot on Lots 1 and 7. The Clerk read the recommendation of the Planning Commission for denial. Upon motion by Councilman Jordan, seconded by Councilman Tucker, and carried, the application was denied. ZE-10-69 The Clerk presented application for Zone Exception Permit Apollo Development ZE-10-69, Apollo Development Corporation, 1104 East 17th Street, Santa Ana, for permission to allow a minimum front yard setback of 33 feet from the center line of street on Lots 11, 12, 20, and 21 of Tentative Tract 661+, on Iowa Street easterly from its easterly termination, for the construction of two 2 -story duplex units in an R4 -CP zone. The Clerk read the recommendation of the Planning Commission for approval subject to the following condition: Must meet ZE-10-69 all the requirements of the various departments of the Apollo City of Costa Mesa as set forth in the Summary of Certi- Development Pied Recommendations, copy attached to and made a part (Continued) of the application. Mr. Ralph Jensen was present repre- senting the applicant. On motion by Councilman Jordan, seconded by Councilman St. Clair, and carried, the appli- cation was approved subject to the recommendation of the Planning Commission. ZE-12-69 The Clerk presented application for Zone Exception Permit Simonson ZE-12-69, Carolyn M. Simonson, 1629 Polk Avenue, San Diego, for permission to operate a one -operator beauty shop at 197 Magnolia Street in the home as a home occupation, to- gether with the recommendation of the Planning Commission for approval subject to the following condition: Shall meet all the requirements as outlined on the Certified Recommendations from the.various City Departments, copy attached to and made a part of the application. Mr. Roy Watkins represented the applicant and said that she agrees with the conditions. Upon motion by Councilman St. Clair, seconded by Councilman Wilson, and carried, Councilman Pinkley voting no, the application was approved subject to the recommendations of the Planning Commission. ZE-13-69 The Clerk presented application for Zone Exception Permit Lindquist ZE-13-69, Robert Lindquist, 3107 Platte Street, Costa Mesa, for permission to encroach 5.34 feet into required 19.85 -foot rear yard setback to construct a 15 -foot by 30 -foot family room addition at that address in an R1 zone, together with the recommendation of the Planning Commission for approval. The Clerk said that no written communications had been received. Upon motion by Councilman Wilson, seconded by Councilman Tucker, and carried, the application was approved. C -9 -68 -Amended The Clerk presented application for Conditional Use Permit Moss C -9 -68 -Amended, Edith Moss, 424 South Coast Highway, Laguna Beach, for permission to allow a time extension of 6 months on Conditional Use Permit C-9-68 for permission to exceed maximum permissible building height allowing construction of a 120 -unit apartment complex in a Cl zone, not to exceed three stories, as per Section 9293.2 Division XII, Section 9298.2.2, of the Municipal Code, to allow residential in a commercial zone at 1515 Mesa Verde Drive East. The Clerk read the recommendation of the Planning Commission for approval subject to the same conditions as originally imposed on the original Conditional Use Permit, copy of conditions attached to and made a part of the application. Mr. Ray Levanas, 3432 Via Oporto, Newport Beach, representing the applicant, answered questions of the Council. On motion by Councilman Wilson, seconded by Councilman Jordan, and carried, the application was approved subject to the recommendation of the Planning Commission. C -84 -68 -Amended Application for Conditional Use Permit C -84 -68 -Amended, Woods Wesley L. Woods, Newport T. V. Sales and Service, for per- mission to use existing residence at 1767 Orange Avenue in an AP zone for an electronics laboratory, was presented together with the recommendation from the Planning Commission for withdrawal. Upon motion by Councilman Jordan, seconded by Councilman Wilson, and carried, the application was withdrawn. Oral Communications Mr. T. E. Thal, 272+6 Silvarado Canyon; owner of property T. E. Thal in Costa Mesa at 1937 Placentia Avenue, asked information of the Council regarding the proposed ordinance allowing Zone Exception Permits in Industrial Zones. .V. Cowing Mr. F. V. Cowing, 2713 Sandpiper Drive, Costa Mesa, Vice President and General Manager of Swimco, Incorporated, asked for a ruling about the use.of ferrous or non-ferrous products in the building of his swimming pool. Mr. Hanhart, Director of Building Safety Department, answered questions. The Mayor.advised Mr. Cowing to come in to Mr. Hanhart's office to discuss the question further. Adjournment On motion by Councilman Pinkley, seconded by Councilman Wilson, and carried, the meeting was adjourned at 10:35 p.m. to March 11, 1969, at 7:30 p.m. Mayor of the City of Cost "Mesa ATTEST: City Clerk of the City of Costa Mesa 1 1