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HomeMy WebLinkAbout08/30/1976 - Adjourned City Council Meeting378 Ol ADJOURNED MEETING OF THE CITY COUNCIL - CITY OF COSTA MESA August 30, 1976 The City Council of the City of Costa Mesa met in adjourned regular session at 6:30 p.m., August 30, 1976, in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa, California, said meeting having been duly and regularly ordered adjourned from the regular meeting of August 16, 1976, and a copy of the Notice of Adjournment having been posted as required by law. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by Chaplain William R. Parry, Hoag Memorial Hospital. Roll Call = Council Members Present: Raciti, Hammett, Hertzog, McFarland, Smallwood Council Members Absent: None Officials Present: City Manager, City Attorney, Director of Public Services/City Engineer, Chief of Current Planning, Chief of Advance Planning, Deputy City Clerk Nicholas Ziener The Mayor presented a Scroll of Appreciation to Commended Nicholas J. Ziener to commemorate his 13 years as Manager of the Costa Mesa Chamber of Commerce, and further commended Mr. Ziener and Mrs. Alice Ziener for their untiring efforts in fostering the mutual growth of the City and the Chamber. Mr. and Mrs. Ziener were present to accept the scroll and voiced their appreciation for the cooperation of the Council Members and Mayors during the time he was Manager of the Chamber from 1963 until 1976. CONSENT CALENDAR. The following item was removed from the Consent Calendar: Item 4, a proposed resolution amending fee structure for General Plan Amendment requests as established by Resolution No. 75-24. On motion by Vice Mayor Hammett, seconded by Councilman 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 Application A request to withdraw an application for Zone Withdrawal Exception ZE776-45, Peter A. Carabain, 2630-B Elden Avenue, Costa Mesa, for a variance to ZE-76-45 construct four apartment units in addition to Carabain three existing units, with a 4.5 percent density deviation (2,875 square feet per unit), and a substandard maneuvering area for open parking spaces, in an R2 zone located at 2628 Elden Avenue, was approved as recommended by the Plan- ning Commission. 1 1 79 Amendment to On motion by Vice Mayor Hammett, seconded by Comprehensive Councilman McFarland, an amendment to the Compre- Youth hensive Youth Diversion Program, affecting the Diversion rights of persons and confidentiality of records, Program was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Amendment to Bid Item 317 Bids received for Bid Item No. 317, Programmable resolution amending the fee structure for General Programmable Calculator, are on file in the Clerk's office. On Amendments Calculator motion by Vice Mayor Hammett, seconded by Council- cover the costs incurred by the City and requested Tabled man McFarland, the bid was awarded to P.E.C., Awarded Limited, 1818 West Chapman Avenue, Orange, in the siderable discussion, on motion by Vice Mayor P.E.C., amount of $3,599.43, being the lowest bid meeting Limited specifications, by the following roll call vote: study. Conflict of AYES: Council Members: Raciti, Hammett, Interest Code Councilwoman Hertzog, Resolution 76-98, being.A Hertzog, McFarland, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Resolution 76-98 Smallwood INTEREST CODE APPLICABLE TO THE MEMBERS OF THE NOES: Council Members: None CITY COUNCIL PURSUANT TO THE POLITICAL REFORM ABSENT: Council Members: None Amendment to On motion by Vice Mayor Hammett, seconded by Comprehensive Councilman McFarland, an amendment to the Compre- Youth hensive Youth Diversion Program, affecting the Diversion rights of persons and confidentiality of records, Program was approved by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Amendment to Item 4 on the Consent Calendar, a proposed Fee Structure resolution amending the fee structure for General of General Plan Plan Amendments, was presented. Vice Mayor Hammett Amendments pointed out that the new fee structure would not cover the costs incurred by the City and requested Tabled a cost analysis study. Councilwoman Hertzog suggested further study on this item. After con- siderable discussion, on motion by Vice Mayor Hammett, seconded by Councilwoman Hertzog, and carried, this item was tabled pending further study. Conflict of On motion by Councilwoman Smallwood, seconded by Interest Code Councilwoman Hertzog, Resolution 76-98, being.A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Resolution 76-98 COSTA MESA, CALIFORNIA, ADOPTING A CONFLICT OF INTEREST CODE APPLICABLE TO THE MEMBERS OF THE CITY COUNCIL PURSUANT TO THE POLITICAL REFORM ACT OF 1974, was adopted by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Paramedic The City Manager presented a report on the Paramedic Proposal proposal from the.League of California Cities, Orange County Division, wherein two main proposals Tabled were offered to be voted upon at the regular Executive Committee meeting of the League on September 9, 1976; the main issues being whether or not to establish a tax service area, and if there should be a Countywide Master Plan for Paramedics. There being many more considerations involved before making a decision on these issues, motion was made by Vice Mayor Hammett, seconded by Councilwoman Smallwood, and carried, to take no action on this proposal at this time. Public Works The City Manager presented an application for Bill of 1976 funding of public works available to cities with unemployment of 6.5 percent or higher. He stated Request for Funds that since the City's unemployment rate currently for TeWinkle Park is 6:9 percent, TeWinkle Hill, our only public works contract at this time, would be eligible NEW0.31, for 100 percent funding and could be completed this year. After discussion,.it was decided that Costa Mesa residents would benefit either directly or indirectly from.the additional jobs made avail- able through this funding. On motion by Councilman McFarland, seconded by Councilwoman Smallwood, the application for funding was approved by the follow- ing roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members:- None ABSENT: Council Members: None "Man in The City Manager presented a request from the Washington" consoritorium cities of Anaheim, Orange, Santa Ana, Program Garden Grove, and Fullerton for our participation in the "Man in Washington" program. After meeting with Council Members from the participating cities, the City Manager concluded that the benefits accrued from participation in this program would far outweigh costs involved. On motion by Council- woman Hertzog, seconded by Councilwoman Smallwood, the City's participation in the "Man in Washington" program was approved for a period of one year, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Purchase The City Manager presented an agreement to purchase Agreement - the Civic Center Park site from the -Costa Mesa Water District County Water District,.for an amount.of $285,000.00, with an additional $500.00 probably being required Civic Center for City escrow costs. On motion by Councilman Park Site McFarland, seconded by Councilwoman Smallwood, the agreement was approved; the Mayor and Clerk author- ized to sign said document on behalf of the City; Council did also authorize entering into escrow, drawing of a warrant, and escrow to close on or before October 20, 1976, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Vice Mayor Vice Mayor Hammett left the meeting at 7:30 p.m. Hammett Leaves Public Hearing The Deputy City Clerk presented from the meeting Westside of June 21, 1976, public hearing on the zoning and Community General Plan conflict recommendations of the West - Plan side Community Plan, Land Use Element. Issue S2 Councilman McFarland reported that appraisal of the Canyons Area 35 -acre Canyons Area was completed by Joseph A. Mueller; MIA. The appraised value was set at $900,000.00, or approximately $26,000.00 per acre, based on the land being developed as low and medium density residential. Councilman McFarland further stated that the recently enacted Smith Bill may include the canyon property in the Coastal Zone, and if it is included in the zone and/or in the Open Space Bond issue in the upcoming November Election, the property would probably be purchased by the State. Because of the many variables 1 1 381 . involved, Councilman McFarland advised waiting until we know exactly what the Smith Bill entails, and until after the November Election to see if the Bond Initiative passes. Pat Dolan, 923 West 20th Street, Costa Mesa, representing the Save the Canyon Committee, expressed his total dedication to the idea of developing the Canyons as a natural park. He asked if the City could make any commitment on the property to insure that it would be used as a park area. The City Manager reiterated the City's posi- tion that the property may be purchased for public use but not necessarily for a park. Ron Gross, 1910 Whittier Avenue, Costa Mesa, also a member of the Save the Canyon Committee, questioned whether the Canyon Area was definitely included in the Smith Bill Coastal Zone, and if there was anything that could preclude the sale of the canyons land by State Mutual to a private buyer while the City was considering the purchase. The City Manager replied that the Smith Bill boundaries cannot be ascertained definitely until mid-September, and that there was nothing to prevent State Mutual from selling the property to any buyer, or to file a planned unit development with the City to develop the property themselves, since the land is zoned Planned Development (PD) Low and Medium Density. Julie Horgaard, 2170 Pacific Avenue, representing the Bluffs and Canyons Preservation Committee, spoke in support of the Smith Bill and in support of Mr. Dolan and Mr. Gross, stating that her organization prefers to have the Canyons Area preserved as a natural marsh and wetlands area. Christine Maitland, 2197 Canyon Drive, also a member of the Bluffs and Canyons Committee, asked that the area be preserved as a natural area. Rhonda Weber, 2172 Pacific Avenue, member of the Bluffs and Canyons Committee, voiced support for the previous speakers and for preserving the area as a natural wetland. There being no other speakers on this item, the Mayor closed the public hearing. Zoning and Doug Clark, Chief of Advance Planning, explained General Plan that the Zoning and General Plan conflict cases Conflict would each be reviewed individually, with the staff Recommendations and Planning Commission recommendations given. He further explained that if a zone change is necessary, a motion to direct the staff to initiate a rezone would be appropriate. In other cases, where the General Plan should be amended, a master resolution will be adopted to include all the General Plan changes. Case Al Case Al, for property located at 1287 Victoria Street, was presented. There being no speakers on this item, the Mayor closed the public hearing. On motion by Councilwoman Smallwood, seconded by Mayor Raciti, and carried, Councilman McFarland abstaining and Vice Mayor Hammett absent, the staff was directed to initiate a rezone on the subject property from M1 to Rl. Case A2 Case A2, for property located at 2109 Valley Road, was presented. There being no speakers on this item, the Mayor closed the public hearing. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, and carried, Vice Mayor Hammett absent, the staff was -directed to initiate a rezone on the subject property from R3 to Rl. Cases A5 and A6 Resolution 76-107 Cases A5 and A6, for property located at 985 and 989 Victoria Street, respectively, were presented. There being no speakers on this item, the Mayor closed the public hearing. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, Resolution 76-107, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING PORTIONS OF GENERAL PLAN AMENDMENT GP -75-3A, AMENDING THE GENERAL PLAN 1990, BEING A MASTER PLAN FOR THE CITY OF COSTA MESA, was adopted, amending the General Plan on the subject properties from Low Density to High Density Residential, by the following roll call vote: AYES: Council Members: Raciti, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett Case B1 Case B1, for properties located at 913 and 917 West 19th Street, 1887 Monrovia Avenue, and 1895 Monrovia Avenue, was presented. There being no speakers on this item, the Mayor closed the public hearing. On motion by Councilwoman Smallwood, seconded by Councilwoman Hertzog, and carried, Vice Mayor Hammett absent, the staff was directed to initiate rezones on the subject properties as follows: 913 and 917 West 19th Street, from Cl to R2 -CP; 1887 Monrovia Avenue, from Cl to R3 -CP; and 1895 Monrovia Avenue, from Cl to CL. Case B2 Case B2, for properties located at 902 West 18th Street, and 912 to 940 West 18th Street, was presented. There being no speakers on this item, the Mayor closed the public hearing. On motion by ,Councilwoman Hertzog, seconded by Councilman McFarland, the staff was directed to initiate rezones on the subject properties as follows: 912 to 940 West 18th Street, from M1 to R2 -CP; and 902 West 18th Street, from M1 to MG; and to include in Resolution 76-107, approval of the General Plan Amendment for property at 902 West 18th Street from High Density Residential to Light Industry, by the following roll call vote: AYES: Council Members: Raciti, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett Case B6 Case B6, for properties located at 1846 Monrovia Avenue, 805 to 898 Town Street, and 1845 Placentia Avenue, was presented. There being no speakers on this item, the Mayor closed the public hearing. On motion by Councilwoman Smallwood, seconded by Councilwoman Hertzog, the staff was directed to include in Resolution 76-107, approval of the General Plan Amendment for the subject properties from High Density Residential to Low Density Residential, by the following roll call vote: AYES: Council Members: Raciti, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett Case B7 Case B7, for property located at 1875 Placentia Avenue, was presented. There being no speakers on this item, the Mayor closed the public hearing. On motion by Councilman McFarland, seconded by Council- woman Hertzog, and carried, Vice Mayor Hammett absent, the staff was directed to initiate a rezone on the subject property from Cl to CL. 1 1 iP= Case'B8 Case B8, for properties located at 791 Center Street, and at 1862, 1870, 1856, and 1825 Placentia Avenue, was presented. There being no speakers on this item, the Mayor closed the public hearing. On motion by Councilwoman Smallwood, seconded by Councilwoman Hertzog, and carried, Vice Mayor Hammett absent, the staff was directed to initiate rezones on the:subject properties from AP to CL. Case B9 Case B9, for properties located at 1738, 1746, 169711 1700, 1712, 1714, 1720, and 1728 Placentia Avenue, and at 799'and 786 West 17th Street, was presented. There being no speakers on this item, the Mayor closed the public hearing. On motion by Council- woman Hertzog, seconded by Councilwoman Smallwood, and carried, Vice Mayor Hammett absent, the staff was directed to initiate rezones on the subject properties as follows: 1738, 1746, 1697, 1700, 1712, 1714, 1720, and 1825 Placentia Avenue, from C2 to CL; and 799 and 786 West 17th Street,, from C2 to MG. Case Bll Case Bll, for property located at 1695 Superior Avenue, was presented. There being no speakers on this item, the Mayor closed the public hearing. On motion by Councilwoman Hertzog, seconded by Council- woman Smallwood, and carried, Vice Mayor Hammett absent, the staff was directed to initiate a rezone on the subject property from C2 to CL. Case B12 Case B12, for properties located at 125 Commercial Way, and at 1600 Superior Avenue., was presented. There being no speakers on this item, the Mayor closed the public hearing. On motion by Council- woman Smallwood, seconded by Councilman McFarland, and carried, Vice Mayor Hammett absent, the staff was directed to initiate rezones on the subject properties from C2 to MG. Case Cl Case Cl, for properties located at 1912, 1915, 1916, and 1919 Wallace Avenue, was presented. There being no speakers on this item, the Mayor closed the public hearing. On motion by Council- man McFarland, seconded by Councilwoman Hertzog, the staff was directed to include in Resolution 76-107, approval of General Plan Amendments for the subject properties from General Commercial to High -Density Residential, by the following roll call vote: AYES: Council Members: Raciti, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett Case C2 Case C2, for properties located at 1932 to 2130 Pomona Avenue; 643 to 697 Victoria Avenue; and 642 to 696 Hamilton Street, was presented. There being no speakers on this item, the Mayor closed the public hearing. On motion by Councilwoman Smallwood, seconded by Councilman McFarland, the staff was directed to include in Resolution 76-107, approval of General Plan Amendments for the subject properties from Low Density Residential to Medium Density Residential, by the following roll call vote: AYES: Council Members: Raciti, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett Case C3 Case C3, for properties located at 579 to 619 Bay Street; 581 to 588 Yorkshire Street; 2018 to 2046 ey� Anaheim Avenue; 2046 and 2054 Meyer Place; and 2017 to 2053 Maple Avenue, was presented. There being no speakers -on this item, the Mayor closed the public hearing. On motion by Councilwoman Smallwood, seconded by Councilman McFarland, the staff was directed to include in Resolution 76-107, approval of General Plan Amendments for the subject proper- ties, from High Density Residential to Low Density Residential, by the following roll call vote: AYES: Council Members: Raciti, Hertzog, McFarland, Smallwood NOES: Council'Members: None ABSENT: Council Members: Hammett Case C4 Case C4, for properties located at 562 and 570 West 19th Street; 1917 and 1919 Maple Avenue; and 1912, 1914, and 1920 Anaheim Avenue, was presented. There being no speakers on this item, the Mayor closed the public hearing. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, the staff was directed to include in Resolution 76-107, approval of General Plan Amendments for the subject properties, from Commercial Center to High Density Residential; and to initiate rezones for said. properties as follows: 562 and 570 West 19th Street from C2 to Cl; 1917 and 1919 Maple Avenue from Cl to R2 -CP; 1912 Maple Avenue from C1 to R4 -CP; 1914 Maple Avenue from C2 to R4 -CP; and 1920 Maple Avenue from R2 to R4 -CP, by the following roll call vote: AYES: Council Members: Raciti, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett Case C5 Case C5, for property located at 525 "Victoria Street, was presented. There being no speakers on this item, the Mayor closed the public hearing. On motion by Councilman McFarland, seconded by Councilwoman Smallwood, the staff was directed to include in Resolution 76-107, approval of a General Plan Amendment for the subject property, from Medium Density Residential to High Density Residential, by the following roll call vote: AYES: Council Members: Raciti, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett Case C7 Case C7, for property located at 1925 to 1951 Harbor Boulevard, was presented. There being no speakers on this item, the Mayor closed the public hearing. " On motion by Councilwoman Smallwood, seconded by Councilwoman Hertzog, the staff was directed to include in Resolution 76-107, approval of a General Plan Amendment for the subject property, from Commercial Center to General Commercial; by the following roll -call vote: AYES: Council Members: Raciti, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members:' Hammett Case C8 Case C8, for property located at 449 Hamilton Street, was presented. There being no speakers on this item, the Mayor closed the public hearing. On motion by Councilwoman Hertzog, seconded by Councilwoman Smallwood, and carried, Vice Mayor Hammett absent, the staff was directed to initiate a rezone on said property from C1 to R2 -CP. Case C9 Case C9, for property located at Ford Road east of Harbor Boulevard, was presented. There being no speakers on this item, the Mayor closed the public hearing. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, the staff was directed to include in Resolution 76-107, approval for a General Plan Amendment for the subject property, from High Density Residential to General Commercial, by the following roll call vote: AYES: Council Members: Raciti, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett Case C10 Case C10, for property located at 1973 Newport Boulevard, was presented. There being no speakers on this item, the Mayor closed the public hearing. On motion by Councilwoman Smallwood, seconded by Councilwoman Hertzog, the staff was directed to include in Resolution 76-107, approval of a General Plan Amendment for the subject property, from High Density Residential to General Commercial, by the following roll call vote: AYES: Council Members: Raciti, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett Case D1 Case D1, for properties located.at 677 to 697 Darrell Street; 679 to 695 Joann Street; and 2252 to 2284 Pomona Avenue, was presented. There being no speakers on this item, the Mayor closed the public hearing. On motion by Councilwoman Smallwood, seconded by Council- woman Hertzog, the staff was directed to include in Resolution 76-107, approval of General Plan Amendments for the subject properties, from Low Density Residen- tial to Medium Density Residential, by the following roll call vote: AYES: Council Members: Raciti, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett Case D4 Case D4, for property located at 530 to 553 Wilson Street, was presented. There being no speakers on this item, the Mayor closed the public hearing. On motion by Councilwoman Smallwood, seconded by Councilman McFarland, the staff was directed to include in Resolution 76-107, approval of a General Plan Amendment for the subject property, from Medium Density Residential to High Density Residential, by the following roll call vote: AYES: Council Members: Raciti, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett Cases El Case El, for property located at 1110 Victoria and E2 Street; and Case E2, for properties located at 2151 and 2155 Canyon Drive, and at 1100 Victoria Street, were presented. There being no speakers on these items, the Mayor closed the public hearing. On motion by Councilman McFarland, seconded by Councilwoman Hertzog, the staff was directed to include in Resolution 7.6-107, approval of General Plan Amendments for subject properties, from Medium Density Residential to High Density Residential, by the following roll call vote: AYES: Council Members: Raciti, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett Case E3 Case E3, for properties located at 1015 and 121 American Place, 2151 to 2217 American Avenue, 2206 to 2247 State Street, and 1016 to 1022 Victoria Street, was presented. There being no speakers on this item, the Mayor closed the public hearing. On motion by Councilwoman Smallwood, seconded by Councilwoman Hertzog, the staff was directed to include in Resolution 76-107, approval of General Plan Amendments for subject properties, from Low Density Residential to Medium Density Residential, by the following roll call vote: AYES: Council Members: Raciti, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: Hammett Vice Mayor Vice Mayor Hammett returned to the meeting at Hammett Returns 8:35 p.m. Case E4 Case E4, for property located at 1130 Victoria Street, was presented. There being no speakers on this item, the Mayor closed the public hearing. On motion by Councilwoman Hertzog, seconded by Council- man McFarland, the staff was directed to include in Resolution 76-107, approval of a General Plan Amendment for the subject property, from Low Density Residential to Medium Density Residential, by the following roll call vote: AYES: Council Members: Raciti, Hammett, Hertzog, McFarland, Smallwood NOES: Council Members: None ABSENT: Council Members: None Recess The Mayor declared a recess at 8:40 p.m., and the meeting reconvened at 8:50 p.m. Tentative Map The Deputy City Clerk presented Tentative Map of of Tract 9470 Tract 9470, Barry K. Williams and Walter Burgess, Williams and 3955 Birch Street, Suite 202, Newport Beach, for Burgess permission to create a one -lot subdivision in conformance with SP -76-01, located at 314 and 324 Victoria Street, in an R2 -CP zone. The Cali- fornia Environmental Quality Act requirements have been met by the Environmental Impact Report accepted by Council on April 19, 1976. The Planning Commis- sion recommended approval subject to conditions. Walter Burgess was present and agreed to all conditions. On motion by Councilwoman Smallwood, seconded by Vice Mayor Hammett, and carried, Tentative Map of Tract 9470 was approved subject to conditions as recommended by the Planning Commission. Encroachment The Deputy City Clerk presented Encroachment Permit Permit No. 89 No. 89, Giltner J. Knudson and Nancy K. Hutchinson, - Knudson and 611 Cliff Drive, Newport Beach, for permission to Hutchinson allow parking and landscaping to encroach into City right-of-way until 17th Street is widened, for property located at 778 West 17th Street. Mr. Knud- son spoke in favor of the request and agreed to all conditions. On motion by Vice Mayor Hammett, seconded by Councilman McFarland, and carried, the request was approved subject to conditions as recommended by the Planning Commission. ZE-76-96 An application for Zone Exception ZE-76-96, Michael Johnson Johnson, 446 Cabrillo Street, for a Conditional Use Permit for home occupation to make kayaks in the Denied garage of a residence, in an Rl zone located at that address, was presented. An Exempt Declaration 1 1 1 of Environmental Impact has been filed. The Planning Commission recommended denial. Commun- ications in opposition to the request have been received from: Mrs. Dorothy Dallas, 450 Cabrillo Street, Costa Mesa; Eleanor S. Fisher, 101 Shore- cliff Road, Corona del Mar; Mr. and Mrs. Hans G. Groening, 454 Cabrillo Street, Costa Mesa; Leona Malcolm, 426 Cabrillo Street, Costa Mesa; Mr. and Mrs. J. W. Hanley, 440 Cabrillo Street, Costa Mesa; C. A. Hisserich, 447 Cabrillo Street, Costa Mesa; Paul R. Hurst, 1377 North Second Avenue, Upland; Mrs. John R. Petrovich, 441 Cabrillo Street, Costa Mesa; Mr. and Mrs. Robert T. Anderson, Jr., 480 Cabrillo Street, Costa Mesa; and Albert, Lillian, and Janice Starr, 436 Cabrillo Street, Costa Mesa. Two petitions, containing a total of 44 signatures, have been received opposing the request. Mrs. Groening, 454 Cabrillo Street, also telephoned to express her strong opposition to this Zone Excep- tion. One communication in favor of the request has been received from Herbert F. Sampson, 1604 Newport Boulevard, Costa Mesa. The applicant was not present. On motion by Councilwoman Hertzog, seconded by Councilman McFarland, and carried, the application was denied. ZE-76-128 An application for Zone Exception ZE-76-128, Read Read and and Faubus Development Company, Incorporated, 1670 Faubus Santa Ana Avenue, Costa Mesa, for a Conditional Use Permit to construct six apartment units with a three percent density deviation (1,458 square feet per unit), to meet CP standards with a variance to encroach into the required side yard setback, in an R4-CP zone located at 333 Avocado Street, was pre- sented. A Negative Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. No communications have been received. James Read, Jr., 1670 Santa Ana Avenue, was present and agreed to all conditions. On motion by Councilwoman Small- wood, 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. ZE-76-134 An application for Zone Exception ZE-76-134, Roger MacGregor MacGregor, 1631 Placentia Avenue, for a Conditional Use Permit to allow outdoor parking for trucks and boats waiting transport, in conjunction with an existing boat manufacturing operation, in an MG zone located at 1647 Placentia Avenue, presently located at 1665 Babcock Street, was presented. 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 not present. 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 appli- cation approved subject to conditions as recommended by the Planning Commission. ZE-76-135 An application for Zone Exception ZE-76-135, Eric C. Johnson Johnson, 2709 Starbird Drive,-Costa Mesa, for a variance to allow a swimming pool to encroach two feet into the required five-foot rear setback, in an R1 zone located at that address, was presented. 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 not present. After a short discussion, on motion by Council- woman Smallwood, seconded by Councilwoman Hertzog, and carried, the Exempt Declaration of Environ- mental Impact was accepted as meeting the requirements of the law, and the application approved subject to conditions as recommended by the Planning Commission. ZE-76-138 An application for Zone Exception ZE-76-138, Victoria Victoria Square Properties, 182 The Masters Circle, Square for a variance from requirements for right-of-way Properties dedication, and reduction of landscaping, for construction of a 5,057 square foot building, in a Cl zone located at 1125 Victoria Street, was pre- sented. a Negative Declaration of Environmental Impact has been filed. The Planning Commission recommended approval subject to conditions. A communication in favor of the request has been received from Mrs. Janice Hackstock, 1780 Monrovia Avenue, Costa Mesa. Bob Smith, 137 The Masters Circle, Costa Mesa, representing the applicant, was present to answer questions from the Council. It was determined that the owners of the property had previously dedicated property in March, 1963, prior to the construction of the existing building, and they were unwilling to dedicate additional right- of-way property. Mr. Walkie Ray, 182 The Masters Circle, Costa Mesa, also representing the applicant, stated that should the dedication be required, the construction of the new building would have to be cancelled since they, as lessees, of the property could not dedicate the required land, nor were they able to influence the owners to do so. After further discussion, on motion by Councilwoman Smallwood, seconded by Councilwoman Hertzog, 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. Oral the Deputy City Clerk read a letter from George D. Communications Buccola, 1645 Bayside Drive, Corona del Mar, repre- senting the owners of 2.4 acres of property, zoned C1-CP, located on the east side of Fairview Road approximately 150 feet south of Fair Drive, also known as Parcel 4 under Section 6, General Plan Land Use Studies of the Civic Center Study, com- piled by the Planning Department in July, 1976. Mr. Buccola stated in his letter that the Council's instruction to the Planning Staff at the meeting of August 16, 1976, to initiate a rezone of the subject property to R3-CP would cause undue hardship on both the property owners and the buyer who is now in escrow. Lester Blanchard, 16306 Niagra Circle, Huntington Harbour, buyer of the property in escrow, enumerated the expenses already incurred by the principals involved before they were aware of a possible zone change. He asked for a delay in initiating the rezone procedure so as to allow more time to meet with the City Attorney's office and discuss their position further. The City Attorney stated that his office has already begun research into the matter upon receipt of Mr. Buccola's letter. During the discussion which followed, it was agreed that the appropriate time for Mr. Buccola and Mr. Blanchard to voice objections to the proposed rezone would be at the upcoming scheduled hearings before the Planning Commission and City Council. ZE-76-110 Hiroko Jackson, 223 Pauline Place, Costa Mesa, Jackson addressed the Council with regard to reconsidera- tion of Zone Exception ZE-76-110 which was denied by Council on July 12, 1976. Mr. Jackson had since been in contact with the City Attorney's office to determine if all legal recourse had been exhausted. After discussion, it was determined there was no further action available to Mr. Jackson in this regard, and he was invited to confer with the City Attorney's office in an attempt to solve the prob- lem in another manner. Councilmanic Councilman McFarland commended the Leisure Services Comments Department on a recently aired television program on bicycle racing, which, he stated, was an extremely good public relations promotion for the City. 1 Adjournment The Mayor adjourned the meeting at 9:55 p.m. Mayor of the ty o Costa Mesa lo ATTEST: City Clerk of the City of.Cos Mesa