Loading...
HomeMy WebLinkAbout04/19/1976 - City CouncilREGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA April 19, 1976 The City Council of the City of Costa Mesa met in regular session at 6:30 p.m., April 19, 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 Kerry Beaulieu, St. John the Baptist Catholic Church. Roll Call 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 regular meeting April 5, 1976 of April 5, 1976, and the adjourned meeting of April 6, April 6, 1976 1976, approved as distributed and posted as there were no corrections. On motion by Vice Mayor Hammett, seconded by Council - Resolution 76-48 woman Hertzog, Resolution 76-48., being A RESOLUTION OF Commending THE CITY COUNCIL OF THE CITY OF COSTA MESA COMMENDING Fairview State FAIRVIEW STATE HOSPITAL ON BECOMING ACCREDITED BY THE Hospital JOINT COMMISSION ON ACCREDITATION, AND ESTABLISHING NATIONAL PROMINENCE IN THE FIELD OF FACILITIES FOR THE MENTALLY RETARDED, was adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None A representative of Fairview State Hospital was present and accepted an executed copy of the Resolution on behalf of Anthony N. Toto, M.D., Superintendent -Medical Director. Planning The Mayor announced that at this time the Council Commission would appoint members to the Planning Commission for Seats Declared various terms of office. On motion by Councilman Vacated McFarland, seconded by Councilwoman Hertzog, and carried, Council Members Hammett and Raciti voting no, all present seats on the Planning Commission were declared vacated. Ordinances On motion by Vice Mayor Hammett, seconded by Council- woman Hertzog, and carried, all ordinances will be read by title only. Commission On motion by Councilwoman Smallwood, seconded by Appointment Councilwoman Hertzog, Ordinance -76-19, being AN Procedure URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF Amended COSTA MESA AMENDING. SECTION 13-3 OF THE COSTA MESA MUNICIPAL CODE.RELATING TO THE APPOINTMENT OF PLAN - Urgency NING COMMISSIONERS; ESTABLISHING TERMS AND SETTING Ordinance 76-19 FORTH REASONS FOR THE URGENCY, was adopted by the Adopted following roll call vote: 2"18 AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Planning On motion by Councilman McFarland, seconded by Council - Commissioners woman Hertzog, and carried, Richard Carstensen was Appointed appointed to the Planning Commission, term to expire June 30, 1978. On motion by Vice Mayor Hammett, seconded by Council- woman Smallwood, and carried, Clarence Clarke was reappointed to the Planning Commission, term to expire June 30, 1978. On motion by Councilman McFarland, seconded by Council- woman Hertzog, and carried, Mrs. Arlene Schafer was reappointed to.the.Planning Commission, term to expire June 30, 1980. On motion by Councilwoman Hertzog, seconded by Council- woman Smallwood, and -carried, David Lorenzini was appointed to the Planning Commission, term to expire June 30, 1980. On motion by Councilman McFarland, seconded by Council- woman Hertzog, and carried; Donn Hall was appointed to the Planning Commission, term to expire June 30, 1980. The City Clerk administered the Oath of Office to the five newly -appointed Planning Commissioners. Labor Camps On motion by Vice Mayor Hammett, seconded by Council- woman Hertzog, Ordinance 76-16, being AN ORDINANCE OF Ordinance 76-16 THE CITY.COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Adopted AMENDING ORDINANCE 75-27 CONCERNING THE ADOPTION OF HEALTH PROVISIONS UNDER STATE EMPLOYEE HOUSING ACT, ESTABLISHING.PERMITS, FEES, AND ENFORCEMENT THEREOF.IN LABOR CAMPS, was given second reading and adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None R-76-14 On motion by Vice Mayor.Hammett, seconded by Council - Johns woman Hertzog, Ordinance 76-17, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Ordinance 76-17 CHANGING THE .ZONING IN THE GENERAL AREA OF FULLERTON Adopted AVENUE AND TWENTIETH STREET FROM R2 TO R4 -CP, was given second reading and adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None R-76-15 On motion by Councilman McFarland, seconded by Council- Salmonson woman Smallwood, Ordinance 76-18, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Ordinance 76-18 CHANGING THE ZONING IN THE GENERAL AREA OF EIGHTEENTH Adopted STREET AND POMONA AVENUE FROM R2 TO R3 -CP, was given second reading and adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None 1 1 29 Business.Permit The Clerk presented from the meeting of April 5, 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 Denied County Fairgrounds. The applicant was not present. Delbert Turner, 2100 Harbor Boulevard, Costa Mesa, spoke in opposition to the request. After discussion, on motion by Councilwoman Smallwood, seconded by Councilwoman Hertzog, and carried, Councilman McFarland voting no, the application was denied. Trailer Permit The Clerk presented a request from Delbert Turner for Amendment - an amendment of a condition, concerning onsite land - Turner scaping, in connection with a trailer permit at 2100 Harbor Boulevard. After investigation, the Planning staff has recommended that the required planter along both street frontages be reduced from ten feet to five feet, and landscaping of the remaining lot reduced from ten percent to five percent. The appli- cant was present and agreed to the amendment. On motion by Vice Mayor Hammett, seconded by Councilwoman Smallwood, and carried, the request was approved. CONSENT CALENDAR. The following items were removed from the Consent Calendar: Item 8, request for motorcycle swap meet from Inter -Shows; and Item 24, proposed resolution accepting an open space easemment. On motion by Vice Mayor Hammett, seconded by Council- man McFarland, 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: Power Lines Letter from Thomas F. Riley, Fifth District, Hazardous to Orange County Board of Supervisors, acknowl- Aircraft edging receipt of the City's Resolution 76-45, adopted March 15, 1976, on the subject of marking power lines which could be hazardous to aircraft operations. Letter from the City of La Palma recommending adoption of legislation ordering marking of power and telephone lines in the vicinity of airports. Mosquito Minutes of the 350th meeting of the Orange Abatement County Mosquito Abatement District, held on District March 18, 1976. ICC On motion by Vice Mayor Hammett, seconded by Council- woman Hertzog, Resolution 76-49, being A RESOLUTION OF Resolution 76-49 THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ,Terminating ICC AGREEING.TO TERMINATE THE INTERGOVERNMENTAL COORDINAT- ING COUNCIL OF ORANGE COUNTY, was adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Former Mayor Mayor Raciti acknowledged former Mayor Alvin Pinkley Recognized who was present in the audience. Business.Permit The Clerk presented from the meeting of April 5, 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 Denied County Fairgrounds. The applicant was not present. Delbert Turner, 2100 Harbor Boulevard, Costa Mesa, spoke in opposition to the request. After discussion, on motion by Councilwoman Smallwood, seconded by Councilwoman Hertzog, and carried, Councilman McFarland voting no, the application was denied. Trailer Permit The Clerk presented a request from Delbert Turner for Amendment - an amendment of a condition, concerning onsite land - Turner scaping, in connection with a trailer permit at 2100 Harbor Boulevard. After investigation, the Planning staff has recommended that the required planter along both street frontages be reduced from ten feet to five feet, and landscaping of the remaining lot reduced from ten percent to five percent. The appli- cant was present and agreed to the amendment. On motion by Vice Mayor Hammett, seconded by Councilwoman Smallwood, and carried, the request was approved. CONSENT CALENDAR. The following items were removed from the Consent Calendar: Item 8, request for motorcycle swap meet from Inter -Shows; and Item 24, proposed resolution accepting an open space easemment. On motion by Vice Mayor Hammett, seconded by Council- man McFarland, 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: Power Lines Letter from Thomas F. Riley, Fifth District, Hazardous to Orange County Board of Supervisors, acknowl- Aircraft edging receipt of the City's Resolution 76-45, adopted March 15, 1976, on the subject of marking power lines which could be hazardous to aircraft operations. Letter from the City of La Palma recommending adoption of legislation ordering marking of power and telephone lines in the vicinity of airports. Mosquito Minutes of the 350th meeting of the Orange Abatement County Mosquito Abatement District, held on District March 18, 1976. ICC Memorandum from the Intergovernmental Coordinating Council of Orange County advising of those resolutions on file as of March 31, 1976. Alcoholic Alcoholic Beverage License applications for Beverage which parking has been approved by the Plan - Licenses ning Department from: John Zubieta and Jeanette Root, doing business as Zubies, 1712 Placentia Avenue; Norman E. and Marilyn L. Johannes, doing business at 436 East 17th End - Street; and Donald E. Zerwekh, doing business Reading Folder at 2267 Harbor Boulevard. Business Permit A request from Gerald Roach and Edwin Cosek, doing Applications business as The Exit, 1714 Placentia Avenue, for an entertainment permit, was approved subject to one The Exit condition as recommended by the City Attorney. Lenny's A request from Leonard and Karin Renda, doing business European as Lenny's European Cuisine and Lounge, 2645 Harbor Cuisine Boulevard, for an entertainment permit, was approved subject to one condition as recommended by the City Attorney., Newport A request from Darrell Osborne, Dick -O -Incorporated, Station doing business as Newport Station, 1945-C Placentia Avenue, for an entertainment permit, was approved subject to one condition as recommended by the City Attorney. Fettucini A request from Joseph Fakelmann, doing business as Fettucini, 2831 Bristol Street, for an entertainment Denied permit; was denied. La Familia A request from La Familia.Student Organization, in Organization - care of ASUCI, University of California, Irvine, for UCI a dance/concert at the Orange County Fairgrounds on May 7, 1976, from 8:30 p.m. to 2:00 a.m., was approved. Penny Lane A request from Penny Lane Productions, 7353 El Lucero, Productions Buena Park, for a concert at the Orange County Fair- grounds, May 8, 1976, from 7:30 p.m. to 12:00 midnight, was approved. Ramirez- A request -from Jim Ramirez, Post Office Box 1071, La Mirada, for a dance/concert at the Orange County Fairgrounds, April 9, 1976, was ratified. International A request from International CB News and Truckers CB News and Gazette, 1545 East Orange Grove Boulevard, Pasadena, Truckers for a jamboree at the Orange County Fairgrounds, Gazette April 15 through 18, 1976, was ratified. VFW A Notice of Intention to Solicit for Charitable Post 3536 Purpose from Veterans of Foreign Wars, Coastline Post 3536, 565 West 18th Street, Costa Mesa, by sale of poppies May 21 and 22, 1976, was approved with Section 9-234J of the Municipal Code waived. City of Hope A Notice of Intention to Solicit for Charitable Purpose from the City of Hope, 208 West Eighth Street, Los Angeles, by door-to-door solicitation from June 1 through 30, 1976, was approved with Section 9-234J of the Municipal Code waived. American A Notice of Intention to Solicit for Charitable National Purpose from American National Volleyball Associa- Volleyball tion, 7201 Garden Grove Boulevard, Suite G, Garden Grove, by door-to-door solicitation, March, 1976,. Denied to March, 1977, was denied, as Section 9-234K-. requirements of the Municipal Code have not been met. 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: R-76-1:7 Rezone Petition R-76-17, Costa.Mesa Planning May 3, 1976 Commission, for permission to rezone property located at 111 Fair Drive (Civic Center Park), from Cl to C1 -CP. A Negative Declaration of Environmental Impact has been filed. R-76-18 Rezone Petition R-76-18, Ray Faubus, 345 East Faubus 23rd Street, Costa Mesa, for permission to May 3, 1976 rezone property located at 1767 Orange Avenue, from AP to R3 in conformance with the Central Area Plan. The California Environmental Quality Act requirements have been met by the Final Environmental Impact Report for the Redevelopment and Central Area Plans. R-76-19 Rezone Petition R-76-19., Arthoffer and Howard Arthoffer and Development Company, Incorporated, 2400 West Howard Coast Highway, Newport Beach, for permission May 3, 1976 to rezone property located at 1055 Victoria Street, and a portion of Lot 104, Tract 653, excepting therefrom the westerly -175 feet, from M1 to R2 -CP in conformance with the General Plan. 'The California Environmental -Quality Act. requirements have been met by the Final Environmental Impact Report for General Plan Amendment GP -74-04A, Canyon -Victoria General Plan Study. Weed Abatement On motion by Vice Mayor Hammett, seconded by Councilman McFarland, Resolution 76-17A, being Resolution 76-17-A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Hearing Set COSTA MESA, CALIFORNIA, DETERMINING AND DECLAR- May 3, 1976 ING THAT RUBBISH AND WEEDS WHICH BEAR SEEDS OF DOWNY OR WINGY NATURE AND WEEDS WHICH ATTAIN SUCH A LARGE GROWTH AS TO BECOME_A FIRE NUISANCE WHEN DRY, AND WEEDS WHICH ARE OTHERWISE NOXIOUS OR DANGEROUS ARE.GROWING UPON CERTAIN STREETS, SIDEWALKS, PARKWAYS, AND PRIVATE PROPERTY IN THE CITY OF COSTA MESA, AND THAT THE SAME ARE A PUBLIC NUISANCE; DIRECTING THE FIRE CHIEF OW HIS DESIGNEE TO POST NOTICES TO REMOVE SAID RUBBISH AND DESTROY SAID WEEDS AS REQUIRED BY LAW; FIX- ING THE TIME FOR HEARING ALL OBJECTIONS OR PROTESTS AND DIRECTING THE ABATEMENT THEREOF IN ACCORDANCE WITH DIVISION III OF ARTICLE 1 OF CHAPTER III, COSTA MESA MUNICIPAL CODE, was adopted by the following roll call vote: AYES: Council Members:. Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Final EIR Final Environmental Impact Report for Phase III South Coast Plaza expansion of South Coast Plaza. May 17, 1976 Refund On recommendation by the Revenue Supervisor, a refund in the amount of $10.00 to Lynn Terry, 532 Center Terry Street, Costa Mesa, on Business License No. 9627, as license was surrendered unused, 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 claim received by the City Clerk was Resolution 76-50 referred to.the City Attorney: Attorney Frank P. Barbaro on behalf of James Newton Rodgers. Application On motion by Vice Mayor Hammett, seconded by Council - Withdrawal man McFarland, and carried, withdrawal of application for Zone Exception ZE-76-46, John C. Leonard, 2702 ZE-76-46 Cardinal Drive, Costa Mesa, for a variance to allow Leonard construction of a stairway, encroachment into the side setback leading from a deck area to a second floor entry, in an Rl zone located at that address, was Earthquake approved, and refund of the application fee denied, as Insurance recommended by the Planning Commission. Later in the meeting further action was taken regarding this item. Position Upgrade On motion by Vice Mayor Hammett, seconded by Council- Budget On motion by Vice Mayor Hammett, -seconded by Council - Adjustment man McFarland, Budget Adjustment Authorization 76-80, No. 76-80 in the amount of $4,000, to provide for construction of cement block enclosure at Mesa Verde Park, was approved by the following roll call vote: 1 1 1 man McFarland, Resolution 76-50, being A.RESOLUTION OF Resolution 76-50 THE CITY COUNCIL OF THE CITY OF COSTA -MESA, CALIFORNIA, ESTABLISHING THE RATE.OF PAY FOR THE HOUSING AND COMMUNITY DEVELOPMENT COORDINATOR, was adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hert.zog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Earthquake On motion by Vice Mayor Hammett, seconded by Councilman Insurance McFarland, Resolution 76-51, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA CONCERNING THE Resolution 76-51 PAYMENT OF THE $10,000.00 DEDUCTIBLE IN EARTHQUAKE INSURANCE ON THE COSTA MESA MUNICIPAL GOLF AND COUNTRY CLUBHOUSE, AND THE MAINTENANCE BUILDING FOR SAID MUNICI- PAL GOLF COURSE, was adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Bid Item 307 Bids received for Bid Item 307, One Each Van/Bus Type One Van/Bus Vehicle, are on file in the Clerk's office. On -motion Vehicle by Vice Mayor Hammett, seconded by Councilman McFarland, the bid was awarded to National Coach Corporation, 1888 Awarded Century Park East, Suite 1622, Los Angeles., in the amount National Coach of $8,450.00, being the lowest bid meeting specifications, by the following roll call vote: AYES: CouncilMembers: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Bid Item 308 Bids received for Bid Item 308, One Type 90 Nema Controller, One Type 90 are on file in the Clerk's office. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, the bid was Awarded awarded to SESCO, 1099 North Batavia Street, Orange, in the SESCO amount of $4,660.00, being the lowest bid meeting all specifications, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Budget On motion by Vice Mayor Hammett, -seconded by Council - Adjustment man McFarland, Budget Adjustment Authorization 76-80, No. 76-80 in the amount of $4,000, to provide for construction of cement block enclosure at Mesa Verde Park, was approved by the following roll call vote: 1 1 1 AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Stop Sign at The Traffic Commission recommended the installation Golf Course of a three-way.stop sign at Golf Course and Tanager and Tanager Drives in order to reduce the high speed approach of vehicles exiting the Costa Mesa Golf and Country Club. On motion by Vice Mayor Hammett, seconded by Resolution 76.-52 Councilman McFarland, Resolution 76-52, being A RESOLUTION OF.THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING THE ERECTION OF A THREE-WAY STOP SIGN AT GOLF COURSE AND TANAGER DRIVES, was adopted by the.following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Stop Sign on The Traffic Commission recommended the installation Harla Avenue of a stop sign on Harla Avenue as it approaches Mesa Approaching Verde Drive East. On motion by Vice Mayor Hammett, Mesa Verde seconded by Councilman McFarland, Resolution 76-53, Drive East being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, AUTHORIZING THE ERECTION OF A Resolution 76-53 STOP SIGN ON HARLA AVENUE AS IT APPROACHES MESA VERDE DRIVE EAST, was adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES_: Council Members: None ABSENT: Council Members: None Parking The Traffic Commission recommended the prohibition of Prohibition parking on Park Center Drive in order to utilize the on Park Center full width of the street as a service road to parking Drive areas. On motion by Vice.Mayor Hammett, seconded by Councilman McFarland, Resolution 76-54, being A Resolution 76-54 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON PARK CENTER DRIVE, was adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None .Parking The Director of Public Services recommended the Prohibition prohibition of parking on Fullerton Avenue 300 feet on Fullerton north of 20th Street because of the substandard Avenue width of the street. On motion.by Vice Mayor Hammett, seconded by Councilman McFarland, Resolution 76-55, Resolution 76-55 being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING PARKING ON A PORTION OF FULLERTON AVENUE, was adopted by the following roll call vote: -AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Bond Reduction The Director of Public Services recommended the Fairview Road reduction of contract bonds for Fairview Road Widening Widening from Newport Boulevard to Princeton Drive I and Dorset Lane to the San Diego Freeway due to an amendment to the original contract, approved by Council on March 15, 1976, reducing the contract amount from $910,666.00 to $377,425.72. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, reduction of the contract bonds was authorized, as recommended by the Director of Public Services, by the following roll call vote: - AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Fairview Road Bids received for Fairview Road Widening from Newport Widening Boulevard to Princeton Drive and Dorset Lane to the San Diego Freeway are on file in the Clerk's office. Awarded On motion by Vice Mayor Hammett, seconded by Council - Fleming man McFarland, the contract was awarded to Fleming Construction Construction, 13909 Artesia Boulevard, Cerritos, in the amount of $499,128.23,.being the lowest bid meet- ing specifications, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Business Permit Item 8 on the Consent Calendar, a request from Harry Application Oxley, Inter -Shows, Post Office Box 3334, San Clemente, for a motorcycle Swap Meet at the Orange Inter -Shows County Fairgrounds on April 30, 1976, was presented. After discussion, on motion by Councilwoman Small - Denied wood, seconded by Vice Mayor Hammett, and carried, Council'Members Hertzog and McFarland voting no, the request was denied. ZE-76-46 On motion by Vice Mayor Hammett, seconded by Council - Leonard man McFarland, and carried, Item 21 on the Consent Calendar, application withdrawal of Zone Exception Referred to ZE-76-46, John C. Leonard, was presented for reconsid- City Manager eration. Barbara Leonard, representing the applicant, was. present and requested refund of the application fee. After discussion, on motion by Vice Mayor Hammett, seconded by Councilwoman Hertzog, and carried, this item was referred to the City Manager for investigation. Open Space Item 24 on the Consent Calendar, a proposed resolution Easement - accepting an open space easement .from South Coast South Coast Plaza, a partnership, for property located in the Plaza general area of Anton Boulevard and Bristol Street for - park purposes, was presented. After discussion, on Held Over motion by Councilman McFarland, seconded by Council- woman Hertzog, and carried, this item was held over to the meeting of May 3, 1976, in order to obtain assess- ment costs. Warrant On motion by Councilwoman Hertzog, seconded by Resolution 932 Councilman McFarland, Warrant Resolution 932 was approved by the following roll call vote: AYES: Council Members: Raciti, Hertzog, Smallwood, McFarland NOES: Council Members: None ABSENT: Council Members: None ABSTAINING: Council Members: Hammett Warrant On motion by Vice Mayor Hammett, seconded by -Council Resolution 933 woman Hertzog, Warrant Resolution 933, including Payroll 7607, was approved by the following roll call vote: i 1 1 AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Water District -The City Manager presented the Costa Mesa County Water Consolidation District/City of Costa Mesa Consolidation Feasibility Report Study, and advised that this report would be available .to the public on April 20, 1976. Alvin L. Pinkley, 1833 Fullerton Avenue, Costa Mesa, representing the Water District, spoke but before discussing the Water Police Department District/City.of Costa Mesa Consolidation Report, Mr. Commended Pinkley related an incident which occurred on Newport Boulevard concerning a three -car collision, and the immediate response of two motorcycle officers. Mr. Pinkley commended Police Chief Neth for a most efficient department. Mr. Pinkley requested that the City study this consolidation carefully and thoroughly before arriving at a definite conclusion, and further offered input from the Water District. Considerable discussion followed concerning the appointment of a Citizens Com- mittee by Council to study the consolidation of the two agencies. On motion by Vice Mayor Hammett, seconded by Councilwoman Smallwood, and carried, each Council Member will submit names of five citizens to be considered for appointment to the five -member Citizens Committee. Agreement - An agreement between the City of Costa Mesa and Crocker Bank Crocker National Bank for the Community Development Removed from Rehabilitation Loan Program was removed from the Agenda. Agenda. Economic' -Impact The City Manager presented a proposal to conduct an Study - 19th Economic Impact Study by Larry Smith and Company, 1900 Street Avenue of the Stars, Suite'1270, Century City, author- ized by the Redevelopment Agency. The study covers Awarded the area along the 19thStreet widening project, with Larry Smith emphasis placed betweenHarbor Boulevard and Park'_ and Company Avenue. On motion by Vice Mayor Hammett, seconded by Councilwoman Hertzog, the contract was awarded to . Larry Smith and Company, in the amount of $7,500.00, study to be completed within 60 days of contract awarding, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Purchase -of The City Manager presented a request to purchase the Andial Property Andial property, 1876 Park Avenue, which was authorized by Redevelopment by the Redevelopment Agency subject to Council approval. Agency On motion by Councilman McFarland, seconded by Vice .Mayor Hammett, purchase of said property was approved in the amount of $107,800.00, excluding escrow and reloca- tion costs, 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 set Red Hill for the public hearing for Red Hill Annexation No. 1 to Annexation the Costa Mesa Park and Recreation District. A Negative No. 1 to the Declaration of Environmental Impact has been filed. The Park and affidavit of publication is on file in the Clerk's Recreation office. A communication in opposition to the annexation District has been.received from Paul D. Ketchum, Koboway, Incor- porated, 3197-C Airport Loop Drive, Costa Mesa. A LD" tea C- i"—pp A� .,Cou Held Over petition containing 43 signatures has been received, also in opposition to the annexation. Joe Frazer, 3198-C Airport Loop Drive, Costa Mesa; and Vincent J. Alessi, 3195-C Airport Loop Drive, Costa Mesa, spoke in opposition to the proposed annexation. The City Attorney recommended this item be continued until the percentage of property owned by those in opposition could be assessed. On motion by Councilwoman Small- wood, seconded by Councilman McFarland, and carried, the public hearing was held open to the meeting of May 3, 1976, as recommended by the City Attorney. Recess The Mayor declared a recess at 9:05 p.m., and the meeting reconvened at 9:10 p.m. The Director of Planning suggested that the next three public hearings be heard at one time since they involved the same properties. Public Hearings The Clerk announced that this was the time and place set for the public hearings for: Final EIR for Final Environmental Impact Report, continued from the GP -76-1C meeting of April 5, 1976, for a proposed General Plan Amendment GP -76-1C, from Neighborhood Commercial to High Density Residential, for property located at 260-348 Victoria Street. The affidavit of publica- tion is on file in the Clerk's office. No communications have been received. GP -76-1C General Plan Amendment GP -76 -LC, Walter Burgess, 3955 Burgess Birch Street, Suite 202, Newport Beach, and the Costa and Mesa Planning Commission, to consider amending the Costa Mesa land use designation from Neighborhood Commercial to Planning High Density Residential, for properties located Commission between 260 and 348 (even numbers) Victoria Street. The affidavit of publication is on file in the Clerk's office. Communications have been received from the following property owners: June D. Fletcher, 1071 Dover Drive, Newport Beach, owner of -property at 325 Victoria Street, in favor of the amendment; Ivan Johannson, 2337 Orange Avenue, Costa Mesa, owner of property at 326 Victoria Street, in favor of R4 and not in favor of R3 with less than 40,000 square feet; Farel Walker, Realtor, 205 Ogle Street, Costa Mesa, in favor of property remaining zoned for professional use; and C. A. DeLaney, M.D., Costa Mesa Memorial Hospital, 301 Victoria Street, Costa Mesa, in favor of property remaining zoned for professional use. Specific Plan Specific Plan 76-1, Costa Mesa Planning Commission, 76-1 for property located between 302 and 348 Victoria Street. The California Environmental Quality Act requirements have been met by the Environmental Impact Report for GP -76-1C. The affidavit of publi- cation is on file in the Clerk's office. No communications have been received. Doug Clark of the Planning staff detailed the proposed land use changes and the recommendation of the Plan- ning Commission, which was for High Density Residential for properties at 302 to 348 Victoria Street; and the remaining properties between 260 and 300 Victoria Street to retain the AP, Administrative and.Profes- sional, designation. Attorney Constantine Farmans, 2780 Sepulveda, Torrance, representing the owner of property at 286 and 288 Victoria Street, requested that these lots also be changed to High Density Resi- dential. Barry Williams, 3955 Birch Street, Newport 1 1 Beach, representing the applicant, felt that although combining lots for zoning purposes was good planning, it presented a hardship to owners of R2 lots, and for this reason proposed that all zoning be done on an individual basis. Dr. Nord, 300 Victoria Street, spoke in opposition to the proposed land use amendment and referenced a 1970 report by Walker Lee Realtors which he filed with the City Clerk. Jack Mullan, 3400 Irvine Avenue, Newport Beach, repre- senting Ivan Johannson, owner of property at 326 Victoria Street; and Irma Ter Bush, 324 Victoria Street, spoke in favor of the land use change. Maurice Graham, 4751 Ohio Street, Yorba Linda, representing a medical group, spoke in opposition to the request unless the properties at 300 and 302 Victoria Street remain zoned for professional use. Tom Schworer, 2019 South Capella Court, Costa Mesa, representing Mr. Bondara, owner of property at 292 Victoria Street; and Charles Bonnett, owner of property at 302 Victoria Street, felt that unless these properties were zoned for higher density than R2, they should remain for professional use. -There being no other speakers, the Mayor closed the public hearing for the Final Environmental Impact Report. On motion by Vice Mayor Hammett, seconded by Councilwoman Smallwood, and carried, the Final Environ- mental Impact for GP -76-1C was accepted as meeting the requirements of the law. There being no other speakers, the Mayor closed the public hearing for GP -76-1C. On motion by Vice Mayor Hammett, seconded Resolution 76-56 by Councilwoman Smallwood, Resolution 76-56, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -76-1C, AMENDING THE GENERAL PLAN OF THE CITY OF COSTA MESA, was adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None There being no other speakers, the Mayor closed the public hearing for Specific Plan 76-1. On motion by Councilwoman Smallwood, seconded by Councilman Resolution 76-57 McFarland, Resolution 76-57, being. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALI- FORNIA, ADOPTING A SPECIFIC PLAN FOR PROPERTY LOCATED ON A PORTION OF VICTORIA STREET WESTERLY OF NEWPORT BOULEVARD, was adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Public Rehearing The Clerk announced that this was the time and place GP -76-1D set for the public rehearing for General Plan Amend - Janes Company ment GP -76-1D, The Janes Company, 17965 Skypark Circle, Suite F, Irvine, for permission to amend the land use designation of property located at 2644 Harla Avenue from Commercial Center to High Density Residential. On March 1, 1976, Council approved GP -76-1D, changing the land use to Medium Density Residential. The affidavits of publishing, posting, and mailing are on file in the Clerk's office. No communications have been received. George Alvarez, representing the applicant, spoke in favor of High Density Residential and answered questions from Council. There being no other speakers, the Mayor closed the public hearing. On motion by Vice Mayor Community The Clerk presented recommendations for appointments Development to the Community Development Committee. On motion by Committee Councilwoman Smallwood, seconded by Councilwoman Appointments Hertzog, and carried, the following appointments to the Committee were approved: Shirley Price, replacing Councilwoman Smallwood; -Councilwoman Smallwood, Council representative replacing Vice Mayor Hammett; and Paul Kugler as representative to the Housing Authority Advisory Committee, replacing Councilwoman Smallwood. Historical Hammett, seconded by Councilwoman Smallwood, Resolution 76-36A Resolution 76-36A, being A RESOLUTION OF THE CITY Storage COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENT GP -76-1D, AMENDING Held Over THE GENERAL PLAN OF -THE CITY OF COSTA MESA FROM COMMERCIAL CENTER TO HIGH DENSITY RESIDENTIAL, was adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Rehearing - The Clerk announced that this was.the time and place Scholes set for the rehearing requested by William 0. Scholes, 2733 Starbird Drive, Costa Mesa, to reconsider the Tree for purchase of a tree for Tanager Park, in the amount of Tanager Park $6,000.00. The affidavit of publication is on file in the Clerk's office. A communication has been received from the Costa Mesa Beautification Committee in support of the purchase. Mr. Scholes was present and spoke in support of the request. Mrs. Geiss, 2701 Cardinal Drive, Costa Mesa, also spoke in support of purchasing the tree. After discussion, on motion by . Councilwoman Hertzog, seconded by Councilwoman Small- wood, purchase of the tree for Tanager Park was approved, in the amount of $6,100.00, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Tentative Map The Director of Planning suggested that this item be of Tract 9270 heard later in the meeting with Zone Exception ZE-76-43, since they involved the same property. Tentative Map The Director of Planning suggested that this item be of Tract 9291 heard later in the meeting with Zone Exception ZE-76-32, since they involved the same property. Community The Clerk presented recommendations for appointments Development to the Community Development Committee. On motion by Committee Councilwoman Smallwood, seconded by Councilwoman Appointments Hertzog, and carried, the following appointments to the Committee were approved: Shirley Price, replacing Councilwoman Smallwood; -Councilwoman Smallwood, Council representative replacing Vice Mayor Hammett; and Paul Kugler as representative to the Housing Authority Advisory Committee, replacing Councilwoman Smallwood. Historical The Clerk presented a request from the Costa Mesa Society Historical Society for City payment of a storage Storage facility at 543 West Wilson Street, in the amount of $250.00 per month. Mrs. Marge Robinson, President of Held Over the Society, spoke in support of the request and answered questions from Council. It was suggested that possibly -a storage facility at a more reasonable monthly rate could be found, and that insurance should be obtained for the -numerous historical momentos. On motion by Councilwoman Smallwood, seconded by Vice Mayor,Hammett, and carried, this item was continued to the meeting of May 17, 1976, to allow sufficient time for staff to attempt to locate more suitable space, with -the -City Manager to report to Council at that time as to the findings. ZE-76-37 The Director of Planning presented from the meeting Griset of April 5, 1976, a'revised application for Zone Exception ZE-76-37, James Griset, 124 Via Mentone, 1 1 1 m Newport Beach, for a Conditional Use Permit to construct 16 apartment units to meet CP standards, with variances from required front setback and required landscaping in the parking area, and to allow location of accessory structure (garages) in the front portion 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 recommended approval subject to conditions. No communications have been received. Willard Jordan, architect, 1500 Adams Avenue, repre- senting the applicant, spoke in support of the revised plan and pointed out that no variances were now needed because of the redesign. The Director of Planning recommended two additional conditions be added, which were: that automatic garage door openers be installed, and that the Tentative Tract Map must be approved prior to any permits being issued. Mr. Jordan answered questions from Council and agreed to all conditions, including those added by the Planning Director. On motion by Councilman McFarland, seconded by Councilwoman Smallwood, 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 and the Director of Planning. ZE-76-32 The Director of Planning presented an application and for Zone Exception ZE-76-32, Welton and Company, Tentative Map 2845 East Coast Highway, Corona del Mar,_ for a of Tract 9291 Conditional Use Permit to allow substandard lot Welton and sizes and widths for a 12 -lot subdivision, in an R1 Company zone located on Sundance Drive, Newport Beach, north of West 19th Street; and Tentative Map of Tract 9291, for permission to create a 12 -lot subdivision. Negative Declarations of Environmental Impact have been filed. The Planning Commission recommended approval for both requests, subject to conditions. No communications have been received. The Director of Public Services advised at this time that the Engineering Department has recommended the addition of 27 conditions to the Tentative Map, but have now requested that one of these, Condition No. 9, be deleted. The Director of Public Services also recommended that Condition No. 2, as recommended by the Planning Commission, be amended to add the phrase, "or approval of the Final Tract Map, whichever comes first." Darrell Stearns, representing the applicant, answered questions from Council and agreed to all conditions. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, and carried, the Negative Declarations of Environmental Impact were accepted as meeting the requirements of the law; ZE-76-32 approved subject to conditions as recommended by the Planning Commission; and Tentative Map of Tract 9291 approved subject to conditions as recommended by the Planning Commission, including the above-mentioned amendment to Condition 2, and subject to 26 conditions as recommended by the Engineering Department as stated previously. ZE-76-34_ The Director of Planning presented an application Sugarman for Zone Exception ZE-76-34, Alvin A. Sugarman, 1491 Baker Street, Costa Mesa, for conditional use to construct a 10 -unit apartment complex, with variances for density (2.5 percent deviation, 1,957 square feet per unit), reduction in required number of parking spaces, and construction of accessory structures within 75 feet of the front property line, in an R3 -CP zone located at 1919 Anaheim Avenue. A Negative Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to modifications and conditions. No commun- ications have been received: The applicant was present and agreed to all conditions. On motion by Council- woman Hertzog, seconded by Councilman McFarland, and -carried, Vice Mayor Hammett abstaining, the Negative Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the application approved subject to modifications and conditions as recommended by the Planning Commission. -_ ZE-76-39 The Director of Planning presented an application Brown for Zone Exception ZE-76-39, Michael E. Brown, 32242 Azores Road, Laguna Niguel, for permission to allow Denied an 11 percent density deviation to legalize the conversion of the recreation room to a living unit, and to allow the omission of one required garage, in an R3 -CP zone located at 1915 Wallace Avenue. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended denial. No communications have been received. The applicant was not present. On motion by Councilwoman Smallwood, seconded by Councilwoman Hertzog, and carried, the application was denied. An amendment to the previous motion was made by Councilwoman Smallwood, seconded by Councilwoman Hertzog, and carried, that the illegal living unit is to be converted -back to a recreation room within 60 days. ZE-76-40 The Director of Planning presented an application and for Zone Exception ZE-76-40 and Redevelopment Action RA -21 RA -21, Gerald Cross, 264 Sherwood Street, Costa Mesa, .Cross for a variance to allow a reduction in -required rear yard setback for construction of a one -unit apart- ment and four garages, in an R2 zone located at 160 Rochester Street. An Exempt Declaration of Environ- mental Impact has been filed. The Planning Commission recommended approval subject to conditions. No communications have been received. The applicant was not present. On motion by Vice Mayor Hammett, seconded by Councilwoman Smallwood, and carried, Councilman McFarland voting no, the Exempt Declara- tion 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-76-41 The Director of Planning presented an application Williams for Zone Exception ZE-76-41, Philip A. Williams, 394 East 20th Street, Costa Mesa, for a variance from minimum lot size to allow.division of property into two parcels, in an R2 zone located at 394 East 20th Street and 2011 Tustin Avenue. An Exempt Declara- tion of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. No communications have been received. - Philip A. Williams, Jr., son of the applicant, was present and answered questions from the Council. Considerable discussion followed concerning Condi- tion No. 1, construction of sidewalks, which was deleted by the Planning Commission. On motion by Councilwoman Smallwood, seconded by Councilman McFarland, 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, and reinstatement of Condition No. 1 pertaining to construction of sidewalks. 2 Q31 ZE-76-42 The Director of Planning presented an application for Lindemann Zone Exception ZE-76-42, Ronald P. Lindemann, 1835 Whittier Avenue, Costa Mesa, for a Conditional Use Permit for auto body and restoration, in an industrial complex, in an MG zone located at that address. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. No communications have been received. The applicant was present and spoke in support of the request. Mary Ann Wood, 1869 Parkview Circle, Costa Mesa, spoke in opposition to the request. Carmen Winterman spoke in favor of the application. After discussion, on motion by Councilwoman Hertzog, 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 for one year, subject to conditions as recommended by the Planning Commission. ZE-76-43 The Director of Planning presented an application for and Zone Exception ZE-76-43, Champco Development, Incor- Tentative Map porated, 881 Dover Drive, Suite 13, Newport Beach, for of Tract 9270 a variance from minimum lot size for a Tract Map to Champco allow townhouse division of ten apartments, in an R2 Development zone located at 2569 Orange Avenue; and Tentative Map of Tract 9270, to create a ten -lot subdivision of Held Over existing apartment units. Exempt Declarations of Environmental Impact have been filed. The Planning Commission recommended approval subject to conditions. No communications have been received. Champ T. Cuff, 2326.Tustin Avenue, Newport Beach, representing the applicant, was present and answered questions from Council. After discussion, on motion by Vice Mayor Hammett, seconded by Councilman McFarland, and carried, this item was held over to the meeting of May 3, 1976, at 6:30 p.m. Vice Mayor Vice Mayor Hammett left the meeting at 11:30 p.m. and Hammett Leaves returned at 11:33 p.m. ZE-76-44 The Director of Planning presented an application for Nourse Zone Exception ZE-76-44, Peter W. Nourse, 423 Avocado Avenue, Corona del Mar, for a variance to construct six apartment units in addition to an existing single family residence, resulting in a density deviation and an encroachment into the rear yard setback, in an R2 zone located at 2617 Orange Avenue. A Negative Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. No communications have been received. The applicant was present and agreed to all condi- tions. 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 appli- cation approved subject to conditions as recommended by the Planning Commission. ZE-76-47 The Director of Planning presented an application for Krogh Zone Exception ZE-76-47, Robert J. Krogh, 17781 Beach Boulevard, Huntington Beach, for a variance to allow Denied construction of a four -car garage occupying more than 50 percent of the rear yard, in an R2 zone located at 1982 Church Street. An Exempt Declaration of Environ- mental Impact has been filed. The Planning Commission recommended denial. No communications have been received. The applicant was present and answered questions from the Council. On motion by Council- woman Smallwood, seconded by Councilman McFarland, and carried, Vice Mayor Hammett abstaining, the applica- tion was denied. Councilman Councilman McFarland left the meeting at 11:40 p.m. and McFarland Leaves returned at 11:45 p.m. ZE-76-48 The Director of Planning presented an application for Caturano Zone Exception ZE-76-48, Giovanni Caturano, 2025 Wallace Avenue, Costa Mesa, for conditional use to allow a 500 -square -foot addition to an existing duplex in an R4 -CP -zone located at that address. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. No communications have been received. Tha;:­.applicant'.:was present, and Mario Artiglio spoke on his behalf indicating that the applicant agrees -to all conditions. On motion by Vice Mayor Hammett, seconded by Councilwoman Hertzog, and carried, Council- man McFarland abstaining, 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-76-49 The Director of Planning presented an application for Motschall Zone Exception ZE-76-49, Gary Motschall, 21131 Lockhaven, Huntington Beach, for conditional use to operate classes for demonstration and instruction on use of gymnastic equipment manufactured on site, in an Ml zone located at 2135 Canyon Drive. An Exempt Declaration of Environ - mental:.Impact.has been filed. The Planning Commission recommended approval subject to conditions. No commun- ications have been received. Nick Rogers, 10582 Fredrick Drive, Villa Park, representing the applicant, spoke in opposition to Condition Nos. 4, 5, and 6. After discussion, on motion by Vice Mayor Hammett, seconded by Councilwoman Hertzog, and carried, the Exempt Declaration of Environmental Impact was accepted as meeting the requirements of the law, and the appli- cation approved for one year subject to Planning Commission Condition Nos. 3 and 10 only. ZE-76-50 The Director of Planning presented an application for Borden Zone Exception ZE-76-50, Richard H. Borden, 15922 Mikinda Court, Whittier, for conditional use to construct a 4,920 -square -foot commercial building to meet CP standards with a variance to encroach into the front setback, in a Cl -CP zone located at 3135 Harbor Boulevard. A Negative Declaration of Environmental Impact has been filed. The Planning Commission recom- mended approval subject to conditions. No communica- tions have been received. Bob Gregg, representing Harbor -Mesa Corporation, owner of the property, spoke in support of the request and asked for clarification of Condition No. 4 concerning the property line. Mr. Gregg also requested modification of Condition No. 1 reducing the front setback line from 24 feet to 15 feet. The applicant was also present and spoke in support of the application. 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 all conditions as recommended by the Planning Commission. ZE-76-51 The Director of Planning presented an application for Williams Zone Exception ZE-76-51, Richard A. Williams, 317 Walnut Street, Costa Mesa, for a variance to allow Denied laundry facility and wood cover to encroach into the side yard setback, in an Rl zone located at that address. An Exempt Declaration of Environmental Impact has been filed. The Planning Commission recom- mended denial. A communication in support of the request has been received from Mr. and Mrs. James Dillson. The applicant was not present. On motion by Councilwoman Hertzog, seconded by Councilwoman Smallwood, and carried, the request was denied. ZE-76-52 The Director of Planning presented an application for Williams Zone Exception ZE-76-52, Burgess Williams, Incorporated, No. 202, Newport Beach, for a variance to construct a seven -unit apartment complex with a 4.5 percent denity deviation (one unit per 2,876 square feet of land), in an R2 zone located at 2437 Elden Avenue. A Negative Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to con- ditions. No communications have been received. Barry Williams, representing the applicant, was present and answered questions from Council. On motion by Council- woman Smallwood, 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. Adjournment The Mayor adjourned the meeting at 12:20 a.m. to April 20, 1976, at 6:30 p.m. Mayor of the C' of osta Mesa ATTEST: City Clerk of the •City of Costa /M 'a 1 x;33