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HomeMy WebLinkAbout04/05/1976 - City Council2 d Roll Call REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA April 5, 1976 The City Council of the City of Costa Mesa met in regular session at 6:30 p.m., April 5, 1976, in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa, California. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by the Reverend Jerry Martin, Harbor Trinity Baptist Church. Council Members Present: Raciti, Hammett, Hertzog, McFarland, Smallwood Council Members Absent: None Officials Present: City Manager, City Attorney, Director of Planning, Director of Public Services/ City Engineer, City Clerk Minutes The Mayor declared the Minutes of the adjourned meet - March 9, 1976 ing of March 9, 1976, and the regular meeting of March 15, 1976 March 15, 1976, approved as distributed and posted as there were no corrections. Resolution 76-33 Vice Mayor Hammett presented a resolution to former Commending Planning Commissioner -Nate Reade in appreciation of Nate Reade his years of service to the City of Costa Mesa. Mayor Raciti presented an engraved plaque recognizing Mr. Reade's service to the community. Former Mayor Mayor Raciti acknowledged former Mayor Alvin Pinkley Recognized who was present in the audience. Ordinances On motion by Vice Mayor Hammett, seconded by Council- woman Hertzog, and carried, all ordinances will be read by title only. Business Permit The Clerk presented from the meeting of March 15, Saturday/Sunday 1976, a business permit application from Saturday/ Car Mart Sunday Car.Mart, 881 Camino del Rio South, No. 3G, San Diego, for automobile swap meets at the Orange Held Over County Fairgrounds. The City Manager recommended that this item be held for two weeks for further consideration of new information presented by the applicant. On motion by Vice Mayor Hammett, seconded by,Councilman McFarland, and carried, this item was held over to the meeting of April 19, 1976. Removal of Left The Clerk presented from the meeting of March 15, Turn Signals at 1976, a recommendation from the Traffic Commission Adams Avenue for the removal of left turn signals at Adams Avenue and Albatross and Albatross Drive for the redesign of medians on Drive Adams Avenue to permit installation of bicycle lanes, and to provide a location for a City entrance sign. On motion by Councilwoman Smallwood, seconded by Councilwoman Hertzog, the Traffic Commission recom- Resolution 76-46 mendation was approved, and Resolution 76-46, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING THE REMOVAL OF LEFT TURN SIGNALS AT ADAMS AVENUE AND ALBATROSS DRIVE AND THE ESTABLISHMENT OF BICYCLE LANES, was adopted by the following roll call vote: 1 1 1 1 1 AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None CONSENT CALENDAR. The following,items were removed from the Consent Calendar: Item 1, request for rate increase from Schaefer's Ambulance Service and Seal's Ambulance Service; Item 2, letter from Jon Paradis concerning a zone change. On motion by Vice Mayor Hammett, seconded by Council- woman Hertzog, the remaining Consent Calendar items were approved in one motion, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Reading Folder The following Reading Folder items, in the Consent Calendar, were received and processed: Bilingual Voting Resolution from the City of Garden Grove Materials requesting'the Federal Voting Rights Act of 1975 be amended to eliminate the requirement for bilingual voting materials. The City Council adopted similar Resolution 76-38 on March 15, 1976. Diversion of Letter from Thomas F. Riley, Fifth District, Motor Vehicle Orange County Board of Supervisors, acknowl- Fuel Taxes edging receipt of the City's Resolution 76-32, adopted.March 1, 1976, opposing the proposed ballot measure pertaining to the diversion of motor vehicle fuel taxes for fixed guideway purposes. Alcoholic Beverage Alcoholic Beverage License applications for Licenses which parking has been approved by the Plan- ning Department from: Masciale Corporation, doing business as Sam's Italian Market and Restaurant, 1907-09 Harbor Boulevard; John M. and Lois I. Earl, doing business as Kings Inn, 720 Randolph Street; Edwin G. and Gerald J: Roach, doing business at 1714 Placentia Avenue; Margaret S. Ordway, doing business as Little Bavaria Hofbrau, 2052 Newport Boulevard; Thomas L. Hutchins, doing business as Tin Lizzie, 752 St. Clair Street; Steven L. Cavanaugh, doing business as Fargo Sandwich Company No. 6, 1599 Superior Avenue, A-5; Edwin G. Cosek and Gerald J. Roach, doing business at 1714 Placentia Avenue; and Chateau Wine and End - Cheese Shops, Incorporated, doing business at Reading Folder 3333 Bristol Street, G-11. Business Permit A request from John Bellamy, Jaws, Incorporated, 2285 Applications Newport Boulevard, Costa Mesa, for a dance permit at Jaws that address, was continued for 60 days to allow Held Over compliance with conditions. Southland A request from Southland Ventures, Incorporated, Ventures Pierce Street Annex, 330 East 17th Street, Costa Mesa, for a dance permit at that address, was approved. p Zt Permits A request from Elton B. Eastwood, President, Costa Mesa -Newport Harbor Lions Club, 275 Victoria Street, Lions Club Suite 1E, Costa Mesa, to use Lions Park for the Fish Fry annual Fish Fry on June 4, 5, and 6, 1976, was approved subject to conditions of the Leisure Services Department. MSI Data A request from Jim Turner, MSI Data Corporation, 340 Corporation Fischer Avenue, Costa Mesa, to locate two temporary trailers for additional office space at that address, was approved for one year subject to conditions. Set for Public The following items were set for public hearing on the Hearing dates indicated, at 6:30 p.m., in the Council Chambers of City Hall: Specific Plan Specific Plan No. 76-1, Costa Mesa Planning No. 76-1 Commission, for property located between 302 April 19, 1976 and 348 Victoria Street, The California Environmental Quality Act requirements have been met by the Environmental Impact Report for General Plan Amendment GP -76-1C. R-76-16 Rezone Petition R-76-16, Costa Mesa Planning May 3, 1976 Commission, for permission to rezone proper- ties from AP, Administrative Professional, as follows: (1) 310, 312, 314, 324, 332, 334, and 336 Victoria Street to R2 -CP. (2) 302 and 326 Victoria Street to R3 -CP. (3) 348 Victoria Street to R4 -CP. Refund On recommendation by the Revenue Supervisor, a refund of $612.25 to Properties West, Incorporated, 3345 Properties West Newport Boulevard, Newport Beach, for plan check fees, as project at 2424-2426 Santa Ana Avenue was can- celled, was approved by the following roll call vote: AYES: Council Members: Raciti; Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Claims The following claims received by the City Clerk were referred to the City Attorney: Ara Holmes; Attorneys Perkal and Barbaro on behalf of Donna Jean Cunniff; Attorney Harold F. La Flamme on behalf of Sherryl Leigh Dorriety; and Clark Robinson. Rental Agreement A request to enter into,a rental agreement for copier Xerox Corporation machines from the Xerox Corporation, One City Boulevard West, Orange, was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Bid Item 302 Bids received for Bid Item 302, Tire Changer for Tire Changer Facilities and Equipment Division, are on file in the Clerk's office. .On motion by Vice Mayor Hammett, Awarded seconded by Councilwoman,Hertzog, the bid was awarded Rush Equipment to Rush Equipment Company, 4112 North Mission.Road, Los Angeles, in the amount of $3,006.00, being the lowest bid meeting specifications, by the following roll call vote: 205 AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT:. Council Members: None Bid Item 303 Bids received for Bid Item 303, Furnishing of Property, Appraisal Property Appraisal Service, -are on file in the Clerk's Service office. On motion by Vice Mayor Hammett, seconded by Councilwoman Hertzog, the bid was awarded to M and S Awarded Appraisal Systems, 1645 Beverly Boulevard, Los Angeles, M and S Appraisal in the amount of $5,900.00, being the lowest bid meet- Systems ing specifications, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council'Members: None ABSENT: Council Members: None Bid Item 304 Bids received for Bid Item 304, Pavement Markers, are Pavement Markers on file in the Clerk's office. On motion by Vice Mayor Hammett, seconded by Councilwoman Hertzog, the Awarded bid was awarded to Amerace Corporation, 7542 North Amerace Natchez Avenue, Niles, Illinois, in the amount of Corporation $4,770.00; and ITL Industries, 18375 Bandilier Circle, and ITL Fountain Valley, in the amount of $1,050.00, being Industries the lowest bids meeting specifications, by the follow- ing roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Bid Item 306 Bids received for Bid Item 306, for the Furnishing of Weed.Abatement Labor and Equipment to Abate the Weeds and Rubbish on Program Selected Vacant Lots within the City of Costa Mesa, are on file in the Clerk's office. On motion by Vice Awarded Mayor Hammett, seconded by Councilwoman Hertzog, the Gary's Lot bid was awarded to Gary's Lot Cleaning, 222 East 220th Cleaning Street, Carson, being the lowest bid meeting specifi- cations, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Spectator Bids received for the Construction of Spectator Pavilion at Pavilion at TeWinkle Park are on file in the Clerk's TeWinkle Park office. On motion by Vice Mayor Hammett, seconded by Councilwoman Hertzog, the contract was awarded to Awarded Bayside Builders, 13217 Harbor Boulevard, Garden Bayside Grove, in the amount of $42,830.00, being the lowest Builders bid meeting specifications, by the following roll call vote: AYES: Council.Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Conference On motion by Vice Mayor Hammett, seconded by Council - Advance woman Hertzog, a Conference Expense Advance for a police officer to attend the 23rd Annual Training Institute in Palo Alto, May 12 through 14, 1976, in the amount of $175.00, was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Rate Increase Item_1 on the Consent Calendar, letters from Seal's for Ambulance Ambulance Service, 535 Center Street, Costa Mesa, Service and Schaefer's Ambulance Service, 2227 South Bristol Street, Santa Ana, requesting rate increases, were Referred to presented. Phil Gazzo, representing Schaefer's Staff for Ambulance Service,_ was present and presented rationale Recommendation in support of the requests. On motion by Vice Mayor Hammett, seconded by Councilwoman Hertzog, and carried, the requests were referred to the staff for recommen- dation. Request for Zone Item 2 on the Consent Calendar, a letter from Jon Change - Paradis Paradis, President,. North Costa Mesa Homeowners Association, in care of 615 Civic Center Drive West, Suite 300, Santa Ana, concerning a -zone change in the vicinity of Sunflower Avenue, San Diego Freeway, Bear Street, and Fairview Road, was presented. Paul Diehl, representing the applicant, was present and answered questions from the Council. The Planning Director indicated that this matter is being investigated and a report will be forthcoming. On motion by Council- man McFarland, seconded by Vice Mayor Hammett, and carried, the subject letter was received and processed. Warrant On motion by Vice Mayor Hammett, seconded by Council - Resolution 930 woman Hertzog, Warrant Resolution 930, including Payroll 7606, was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: -Council Members: None Warrant On motion by Councilwoman Hertzog, seconded by Council - Resolution 931 man McFarland, Warrant Resolution 931 was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None SCAG The Mayor requested a discussion concerning the possibility of Costa Mesa joining the Southern California Association of Governments. It was suggested that perhaps this item should be discussed further in a Study Session. Declarations The City Attorney advised the Council of a Health of Ownership and Safety Code requirement whereby Council Members within are required to make an annual declaration in Redevelopment writing of their ownership of any real property Area within the Redevelopment Area. Mayor Raciti declared ownership of property at 1836, 1838, and 1840 Newport Boulevard, and 50 percent ownership at 1834 Newport Boulevard. Councilman McFarland declared ownership of property at 147 Flower Street. Vice Mayor Hammett, Councilwoman Hertzog, and Councilwoman Smallwood declared that they do not own any property within the Redevelopment Area. 11 Proposed The City Attorney presented a proposed ordinance Ordinance pertaining to Council salaries, which, if adopted, Council would permit a five percent increase in Council's Salaries renumeration. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, and carried, the Declined Council declined adoption of the ordinance. Westside On motion by Vice Mayor Hammett, seconded by Council - Task Force woman Hertzog, and carried, the bylaws of the Westside Task Force were approved. Held Over Labor Camps On motion by Councilman McFarland, seconded by Vice Street. The affidavit of publication is on file in Mayor Hammett, Ordinance 76-16, being AN ORDINANCE OF Ordinance 76-16 THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, First Reading AMENDING ORDINANCE 75-27 CONCERNING THE ADOPTION OF hearing was continued to the meeting of April 19, HEALTH PROVISIONS UNDER STATE EMPLOYEE HOUSING ACT, 1976, at 6:30 p.m. ESTABLISHING PERMITS, FEES, AND ENFORCEMENT THEREOF IN R-76-14 LABOR CAMPS, was given first reading and passed to Johns second reading by the following roll call vote: sion to rezone property located at 141 and 143 Melody AYES: Council Members: Raciti, Hammett, Environmental Impact has been filed. The affidavit of Hertzog, McFarland, publication is on file in the Clerk's office. No Smallwood NOES: Council Members: None speakers, the Mayor closed the public hearing. On ABSENT: Council Members: None Employees The City Manager recommended that the Employees Asso- Association ciation be permitted to file a late application for Appeal employee recognition in order that the Maintenance .Unit may be recognized. On motion by Councilwoman Hertzog, seconded by Vice Mayor Hammett, and carried, the City Manager's recommendation was approved. Public Hearing The Clerk announced that this was the time and place Final EIR for set for the public hearing for the Final Environmental GP -7671C Impact Report for a proposed General Plan Amendment, GP -76-1C, from Neighborhood Commercial to High Density Held Over Residential, for property located at 260-348 Victoria Street. The affidavit of publication is on file in the Clerk's office. No communications have been received. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, and carried, the public hearing was continued to the meeting of April 19, 1976, at 6:30 p.m. Public Hearing The Clerk announced that this was the time and place R-76-14 set for the public hearing for Rezone Petition R-76-14, Johns Brenda Johns, 141 Melody Lane, Costa Mesa, for permis- sion to rezone property located at 141 and 143 Melody Lane, from R2 to R4 -CP. A Negative Declaration of Environmental Impact has been filed. The affidavit of publication is on file in the Clerk's office. No communications have been received. The Planning Commission recommended approval. There being no speakers, the Mayor closed the public hearing. On motion by Councilman McFarland, seconded by Vice Mayor Hammett, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the Ordinance 76-17 law, and Ordinance 76-17,:being AN ORDINANCE OF THE First Reading CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING IN THE GENERAL AREA OF FULLERTON AVENUE AND TWENTIETH STREET FROM R2 TO R4 -CP, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None 08 Public Hearing The Clerk announced that this was the time and place R-76-15 set for the public hearing -for Rezone Petition R-76-15, Salmonson Richard N. Salmonson, Post Office Box 1314, Newport Beach, for permission to rezone property located at 679 West 18th Street, from R2 to R3, in conformance with the General Plan. A Negative Declaration of Environ- mental Impact has been filed. The affidavit of publication is on file in the Clerk's office. No communications have been received. The Planning Commission recommended denial. Mr. Salmonson was present and answered questions from the Council. There being no other speakers, the Mayor closed the public hearing. On motion by Vice Mayor Hammett, seconded by Councilwoman Hertzog, the Negative Declaration of Environmental Impact was accepted as meeting the Ordinance 76-18 requirements of the law, and Ordinance 76-18, being First Reading AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING IN THE GENERAL AREA OF EIGHTEENTH STREET AND POMONA AVENUE FROM R2 TO R3 -CP, was given first reading and passed to second reading by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Public Hearing The Clerk announced that this was the time and place Proposed Sign set for the public hearing to consider a proposed Ordinance ordinance amending Chapter VI (Sign Ordinance) of the Amendment Costa Mesa Municipal Code relating to top -story identification (wall signs above the first story). Denied The affidavit of publication is on file in the Clerk's office. No communications have been received. The Planning Commission recommended approval of the amendment which would allow top -story wall signs in lieu of a permitted ground sign, roof sign, or projecting sign. The Director of Planning elaborated on alternatives which could be considered by the Council in their deliberations. Verlyn Marth, 3197 Cape Verde Place, Costa Mesa, spoke in opposition to the proposed amendment. During the discussion which followed, it was generally felt that the proposed amendment was not justified at this time. There being no other speakers, the Mayor closed the public hearing. On motion by.Councilwoman Smallwood, seconded by Councilman McFarland, and carried, Vice Mayor Hammett voting no, the request for amendment was denied. Fair Board On motion by Vice Mayor Hammett, seconded by Council - Appointment woman Hertzog, Resolution 76-47; being A RESOLUTION OF of Costa Mesa THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Resident. MAKING FORMAL REQUEST FOR THE APPOINTMENT OF A RESIDENT OF THE CITY OF COSTA MESA TO THE BOARD OF DIRECTORS OF Resolution 76-47, THE THIRTY-SECOND AGRICULTURAL DISTRICT, was adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None "The Liberty Tree" A request from the Costa Mesa Women's Club, 610 West 18th Street, to plant a tree in a City park, desig- nated as "The Liberty Tree", was presented. On motion by Councilwoman Hertzog, seconded by Council- man McFarland, and carried, the request was approved with planting site and tree species to be approved by the Leisure Services Department. 1 'J f2 0119 Recess The Mayor declared a recess at 8:15 p.m. and the meeting reconvened at 8:20 p.m. Encroachment The Clerk presented a request for Encroachment Permit Permit No. 87 No. 87, Roger W. Anderson, 3289 Minnesota Avenue, Anderson Costa Mesa, for permission to construct private sidewalk and masonry landscape planters in City Denied. right-of-way, in an R1 zone, located at that address. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended denial. The applicant was present and indicated that he is no longer considering this project. On motion by Vice Mayor Hammett, seconded by Council- woman Hertzog, and carried, the permit was denied. Trailer Permit - The Clerk presented a request from Delbert Turner, Turner. 2100 Harbor Boulevard, Costa Mesa, for a temporary office trailer at that address for two years. The applicant was present and spoke in support of the request. The Planning Department recommended five conditions be attached to the permit if it is approved. After discussion, on motion by Vice Mayor Hammett, seconded by Councilwoman Hertzog, and carried, Condition No. 4 was deleted. On motion by Councilwoman Smallwood, seconded by Councilwoman Hertzog, and carried, the permit was approved subject to the remaining four conditions as recommended by the Planning Department. Request for The Clerk presented a request from William 0. Scholes, Rehearing - 2733 Starbird Drive, Costa Mesa, for a rehearing Scholes concerning the purchase of a tree for Tanager Park, which was denied by Council on March 1, 1976. On Tree for motion by Vice Mayor Hammett, seconded by Council - Tanager Park woman Smallwood, and carried, the request was granted and the hearing date set for April 19, 1976, at 6:30 p.m. Request for The Clerk presented a request from Jorge D. Alvarez, Rehearing - The Janes Company, 17965 Sky Park Circle, Suite F, The Janes Company Irvine, for a rehearing of General Plan Amendment GP -76-1D GP -76-1D which was approved by Council March 1, 1976. On motion by Vice Mayor Hammett, seconded by Council- man McFarland, and carried, the request was granted and the hearing date set for April 19, 1976, at 6:30 p.m. ZE-76-26 The Director of Planning presented an application for Kidder - Zone Exception ZE-76-26, Lewis G. Kidder, Coast Music Coast Music Service, 1839 Newport Boulevard, Costa Mesa, for a Service variance from sign code to exceed the maximum number of items of information (7 allowed, 11 proposed), for wall signs and advertising statuary. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended approval with modifications. No communications have been received. The Planning Director explained that the Planning Commission approval would permit nine items of informa- tion on the sign. The applicant was present and answered questions from the Council. After discussion, on motion by Vice Mayor.Hammett, seconded by Council- woman Hertzog, and carried, Councilman McFarland voting no, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved as recommended and modified by the Planning Commission. ZE-76-28 The Director of Planning presented an application for Mason Zone Exception ZE-76-28, George H. Mason, 1805 Tustin Avenue, Costa Mesa, for a variance from minimum lot size requirements for creation of two parcels, and a variance from side yard requirement for the existing structure, located on the westerly parcel in an R2 zone, located at that address. An Exempt Declaration of Environmental Impact has-been filed. The Planning Commission recommended approval subject to conditions. A communication. in opposition to the request has been received from Gary L. Golson, 408 East 18th Street, Costa Mesa. A communication in favor of the request has been received from David and Barbara Santo, 390 East 18th Street, Costa Mesa. The applicant was present and agreed to the conditions. On motion by Vice Mayor Hammett, seconded by Mayor Raciti, and carried, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to conditions as recommended by the Planning Commission. ZE-76-30 The Director of Planning presented an application for Elliott Zone Exception ZE-76-30, Mabel E. Elliott, 146 East 18th Street, Costa Mesa, for a conditional use to construct a bath addition to an existing nonconform- ing residence in a Cl zone, located at that address. An Exempt Declaration of Environmental Impact has ,been filed. The Planning Commission recommended approval with one condition. No communications have been received. Joe Thomas, 1597 Corsica Place, Costa Mesa, was present representing the applicant, and indicated Mrs. Elliott's objection to Condition No. 1. After discussion, on motion by Vice Mayor Hammett, seconded by Councilwoman Smallwood, and carried, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved with the deletion of Condition No. 1. ZE-76-33 The Director of Planning presented an application for Evans Zone Exception ZE-76-33, Evans Construction, 2301 Construction Holly Lane, Newport Beach, for a variance to allow encroachment into the required rear yard for construc- tion of apartment units, in an R2 zone located at 358 La Perle Place. An Exempt Declaration of Environ- mental Impact has been filed. The Planning Commission recommended approval subject to conditions. A commun- ication in opposition to the request has been received from Betty Pereria, 3453 Castle Glen Drive, San Diego. The applicant was present and answered questions from the Council. Councilwoman Hertzog discussed Condition No. 1 concerning the installation of residential side- walks and felt that this was rather impractical in this neighborhood which has rolled curbs with land- scaping extending out to the curb edge. After further discussion, on motion by Councilwoman Hertzog, seconded by Vice Mayor Hammett, and carried, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and ,the application approved subject to conditions as recommended by the Planning Commission, with the deletion of Condition No. 1. ZE-76-35 The Director of Planning presented an application for J. R. Builders Zone Exception ZE-76-35, J. R. Builders, Incorporated, 17895-J Sky Park Circle, Irvine, for a variance for six percent density deviation (2,840 square feet per unit), to allow construction of seven apartments, encroachment into required side yard, and reduction in required number and size of parking stalls, in an R2 zone located at 2569 Santa Ana Avenue. A Negative Declaration of Environmental Impact has been filed. ZE-76-37 The Director of Planning presented an application for Griset Zone Exception ZE-76-37, James Griset, 124 Via Mentone, Newport Beach, for a Conditional Use Permit to con - Returned to struct 18 apartment units to meet CP standards, with Planning variances from required front setback and required Commission landscaping in the parking area, and to allow location of accessory structure (garages) in the front portion The Planning Commission recommended approval subject to conditions. No communications have been received. The Planning Director indicated that the applicant has revised his plan and now meets the parking requirements in terms of total number of parking spaces, but the back-up area to the rear of the spaces is still 26 feet rather than the required 27 feet, and no longer requires an encroachment into the side yeard. Jim Reid, representing the applicant, was present and stated that although the side yard encroachment.is no longer required based on their revised plan, he feels it would be beneficial in the event of a conflict with the installation of the dry yard standpipe system. Mr. Reid also expressed his opinion that the location of carports on the original plan was more aesthetically pleasing. Mr. Reid further expressed some concern that the cost of fire hydrant installation should not be entirely charged to this development. On the latter issue, Councilwoman Hertzog suggested that the applicant make contact with the developer of an adjacent project in this area to ascertain if the cost may be jointly shared. On the former concern, the Planning Director suggested that the carports would be more appropri- ately located on the north side of the property and the open parking spaces located on the south side of the property with the requested encroachment being allowed. After discussion, on motion by Vice Mayor Hammett, seconded by Councilman McFarland, and carried, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to conditions as recommended by the Planning Commission, including the parking modifications suggested by the Planning Director, with the location of the dry yard standpipe system to be coordinated between the Planning and Fire Departments. ZE-76-36 The Director of Planning presented an application for Tor Zone Exception ZE-76-36, Tor Construction, 1215 Construction Somerset Lane, Newport Beach, for a variance from parking and landscaping requirements to allow construc- tion of 17,470 square feet of storage garages and office, in a C2 zone located at 2140 Newport Boulevard. A Negative Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. No communications have been received. Frank Russ, representing the applicant, requested a modification to Condition No. 6 concerning the installation of a block wall. Mr. Russ requested that this,be changed to a chain link fence. Willard Jordan,'architect for the applicant, was present and elaborated on the proposed project. Bob Riblet, a real estate broker who has been working in connection with this project, presented further information con- cerning the adjacent properties. After discussion, on motion by Councilwoman Hertzog, seconded by Councilman McFarland, and carried, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to all conditions as recommended by the Planning Commission. ZE-76-37 The Director of Planning presented an application for Griset Zone Exception ZE-76-37, James Griset, 124 Via Mentone, Newport Beach, for a Conditional Use Permit to con - Returned to struct 18 apartment units to meet CP standards, with Planning variances from required front setback and required Commission landscaping in the parking area, and to allow location of accessory structure (garages) in the front portion Kb; of the lot, in an R3 -CP zone located at 229 West Wilson Street. A Negative Declaration of Environmental Impact has been filed. The Planning Commission made no recommendation. A communication containing 11 signa- tures has been received in opposition to the request. The following Costa Mesa residents spoke in opposition to the project: William Monteleone, 2257 Columbia Drive, and'Michael Vivian, 2262 Columbia Drive. Jack Mather, 3306 Marcus Lane, Newport Beach, contractor for the project, spoke in support of the request. Willard Jordan, 1500 Adams Avenue, Costa Mesa, archi- tect for the project, and the applicant were present to answer questions from the Council. During the discussion which followed, considerable concern was expressed in regard to the density of the proposed project and the deficiency in open space requirements. On motion by Vice Mayor Hammett, seconded by Council- man McFarland, and carried, this item was returned to the Planning Commission in order that the applicant may have the opportunity to revise the plans. Councilmanic On motion by Vice Mayor Hammett, seconded by Council - Comments woman Hertzog, and carried, the City Manager was requested to forward a copy of Resolution 76-45 in connection with Assembly Bill 3170 to the Senate Transportation Committee by the fastest possible means. Vice Mayor Hammett announced that a meeting of the Board of Aeronautics will be held in the Costa Mesa Council Chambers on April 12, 1976. Vice Mayor Hammett advised the Council of his absence from the Country beginnning April 13, 1976. Further, the Vice Mayor requested a full-day Study Session or adjourned Council meeting in the near future to discuss various items and establish priorities. On motion by Councilwoman Smallwood, seconded by Councilman McFarland, and carried, Mayor Raciti was appointed as Costa Mesa's representative to the League of California Cities. Adjournment The Mayor declared the meeting adjourned at 10:45 p.m. to April -6, 1976, at 6:30 p.m., in the Council Chambers of City Hall. c AyoQrof t Cit f Costa Mesa ATTEST: City Clerk of the. City of Costa a