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HomeMy WebLinkAbout05/03/1982 - City CouncilKEGULAR MEETING OF'THE'CITY COUNCIL CITY OF COSTA MESA May 3, 1982 The City Council of the City of Costa Mesa, California, met in regular session on May 3, 1982, at 6:30 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. The meeting was called to order by the Mayor, followed by the Pledge of Allegiance to the Flag, and Invocation by the Reverend Don Brendtro, Prince of Peace Lutheran Church. ROLL CALL Council Members Present: Schafer, Hall, Hertzog, McFarland, Johnson Council Members Absent: 'None -- Officials Present: City Manager, -City Attorney, Development Services Director, Director of Public Services, City Clerk MINUTES On motion by Councilman McFarland, seconded by Council - April 19, 1982 woman Hertzog, and carried 5-0, the minutes of the regular meeting of April 19, 1982, were approved. ORDINANCES A motion was made by Councilwoman Hertzog, seconded by Councilman McFarland, and carried 5-03, to read all ordi- nances by title only. CONSENT CALENDAR On motion by Councilwoman Hertzog, seconded by Council- man Johnson, all items in the Consent Calendar were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None WRITTEN COMMUNICATIONS On motion by Councilwoman Hertzog, seconded by Council- man Johnson, Resolution 82-36, being A RESOLUTION OF Records Destruction THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, for City Clerk AUTHORIZING RECORDS DESTRUCTION FOR THE CITY CLERK'S DEPARTMENT OF THE CITY OF COSTA MESA, PURSUANT TO ORDI- MOTION NANCE NO.�75-60, was adopted by the following roll call Resolution 82-36 vote: Adopted AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER On motion by Councilwoman Hertzog, seconded by Council- man Johnson, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims were received by the City Clerk from the following claimants: Carol Lawler; Attorney Sitheris V. Chebithes on behalf of Dorothy F. Thompson; and Southern California Edison Company. Alcoholic Alcoholic Beverage Licenses for which parking Beverage has been approved by the Planning Division from: Licenses International Publications, Incorporated, doing business as Cornerstone Cafe, 3000 Bristol Street; Pascual C. and Thomas H. Munoz, doing business as Buck's Liquor Bin, 1089 Baker Street, Suite "A"; Morite of California, Incorporated, doing business as 20th Century Limited, 3333 I i Rescind Early Prison Release Date of Gregory Powell Opposition -to Gas Company Request for Rate Increase Lights at TeWinkle Park SET FOR PUBLIC HEARING Street Name Change REJECTED CLAIM Moreno ADMINISTRATIVE ACTIONS Final Map for Tract 11760 Sajovich MOTION Map Approved Improvements in Tract 11157 Gregory MOTION Work Accepted Bonds Exonerated Agreement - City of Santa Ana and County of Orange Bristol Street, Space 154; Maria and Simon Wroclawsky, doing business as The Pizza Place, 735 West Baker Street, Suite B; The Southland Corporation, doing business as 7 -Eleven Food, Store No. 2113-13822, 1515 Gisler Avenue; Robert K. Blue, doing business as Hamburger Shack, 479 East 17th Street; The Rotisserie, doing business at 260 Bristol Street; Anthony and Geni Ugolini, doing,b.usiness as Fargo Sandwich Shop, 1599 Superior Avenue, Suite-.A-5;,and Vendome Stores, Incorporated, doing business at 2320 Harbor Boulevard. Resolution from the City of Santa Ana, urging the State Board of Prison Terms to rescind the early release date for Gregory Ulas Powell, the con- victed murderer of Police Officer Ian Campbell. Resolution from the City of Huntington Beach, opposing an -application of Southern California Gas Company for a rate increase. A communication -from Andrew Whitney, 1630 Iowa Street, Apartment "A", Costa Mesa, concerning use of lights at night at TeWinkle Park. On motion by Councilwoman Hertzog, seconded by Council- man Johnson, and carried 5-0, the following item was set for public hearing on May 17, 1982, at 6:30 p.m., in the Council Chambers of City Hall: Request from the City of Costa Mesa to change an an existing street name from Mackinaw Street to Manistee Drive.. On motion by Councilwoman Hertzog, seconded by Council- man Johnson, and carried 5=0, the claim of Cecelia Moreno was rejected. A Final Map was presented for Tract 11760, Peter Sajovich, 695 Town Center Drive, Suite 800, Costa Mesa; one lot, 0.55 -acre, located at 2569-2571 Elden Avenue, for condominium purposes. On motion by Councilwoman Hertzog, seconded by Councilman Johnson, the map was approved; the Council did accept on behalf of the City the dedication of an easement for emergency and public security ingress/egress purposes; did also approve subject map pursuant to the provisions of Section 66436 (c)(1) of the Subdivision Map Act; and the Clerk was authorized to sign said map on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson .-NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Improvements in Tract 11157 have been completed to the satisfaction of the Director of Public Services by The Gregory Company, 17961 Cowan Street, Irvine, for property located at 250 West Wilson Street. On motion by Councilwoman Hertzog, seconded by Councilman Johnson, the work was accepted and the bonds were ordered exoner- ated.; The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson None None An agreement with the City of Santa Ana and the County of Orange was presented relating to Arterial Highway Financing Program Project 1091, construction of bridge 75 Conference On motion by Councilwoman Hertzog, seconded by Council - Advances man Johnson, a Conference Advance in the amount of $515.00, for a police officer to attend the Criminal MOTION Investigation Course in San Diego, June 7-11, 1982, was Approved approved by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNC-IL MEMBERS: None ABSENT: COUNCIL MEMBERS: None approach on MacArthur Boulevard, between 612 feet AHFP 1091 westerly of Hyland Avenue and the Santa Ana River. The MacArthur Boulevard estimated cost to the City of Costa Mesa is approxi - Bridge Approach mately $75,000.00 including engineering and inspection. On motion by Councilwoman Hertzog, seconded by Council - MOTION man Johnson, the agreement was approved, and the Mayor Approved and Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, MOTION McFarland, Johnson Approved NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Conference On motion by Councilwoman Hertzog, seconded by Council - Advances man Johnson, a Conference Advance in the amount of $515.00, for a police officer to attend the Criminal MOTION Investigation Course in San Diego, June 7-11, 1982, was Approved approved by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNC-IL MEMBERS: None ABSENT: COUNCIL MEMBERS: None A letter has been received from Malcolm C. Ross, C. J. Segerstrom and Sons; 3315 Fairview Road, Costa Mesa, requesting a 30 -day continuance. On motion by Councilwoman Hertzog, seconded by Council - MOTION man Johnson, a Conference Advance in the amount of Approved $300.00, for a police sergeant to attend the Officer Survival Conference in San Luis Obispo, June 21-25, 1982, was approved by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT:. COUNCIL MEMBERS: None On motion by Councilwoman Hertzog, seconded by Council - MOTION man Johnson, a Conference Advance in the amount of Approved $393.00, for a police lieutenant to attend the Cali- fornia Law Enforcement Association Records Supervisors Conference in Sacramento, May 19-21, 1982, was approved by.the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: :COUNCIL MEMBERS: None Grant Funds for The Director of Leisure Services has requested approval Canyon Park to allocate $60,671.00 for improvements in Canyon Park from the 1981-82 Fiscal Year block grant. On motion by Councilwoman Hertzog, seconded by Councilman Johnson, MOTION Resolution 82-37, being A RESOLUTION OF THE CITY COUNCIL Resolution 82-37 OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE Adopted APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-Z'BERG URBAN OPEN -SPACE AND RECREATION PROGRAM, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None OLD BUSINESS The Clerk presented for second reading and adoption R-82-01 Ordinance 82-6, being AN ORDINANCE OF THE CITY COUNCIL Segerstrom OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF PARCELS 2 AND 3 FROM M1 AND C1 -CP TO PDR -UC, in connection with Rezone Petition R-82-01, C. J. Segerstrom and Sons, for property located at the northwest corner of Adams Avenue and Pinecreek Drive. A letter has been received from Malcolm C. Ross, C. J. Segerstrom and Sons; 3315 Fairview Road, Costa Mesa, requesting a 30 -day continuance. 77 mUIION On motion by Vice Mayor Hall, seconded by Councilman Adoption of Johnson, and carried 5-0, adoption of Ordinance 82-6 Ordinance 82-6 was continued to the meeting of June 7, 1982, as Held Over requested by the applicant. Animal Nuisance The Clerk presented a communication from Andrew Whitney, 1630-A Iowa Street, Costa.Mesa, concerning animal defe- cation on public property, and newspaper clippings regarding this matter. Mr. Whitney was present and requested an ordinance amendment because of the animal problem he is encounter- ing in his neighborhood. Mayor Schafer responded that there have been no other citizen complaints and therefore a change in the City ordinance is not warranted at this time. WARRANTS On motion by Councilman McFarland, seconded by Council - MOTION woman Hertzog, Warrant Resolution 1176, including Warrant 1176 Payroll 8209, was approved by the following roll call Approved vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None On motion by Councilwoman Hertzog, seconded by Council - MOTION man McFarland, Warrant Resolution 1176, was approved by Warrant 1177 the following roll call vote: Approved AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS:. None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced that this was the time and place SP -82-01 set for.the public hearing to consider Specific Plan Bristol Street SP -82-01, affecting commercially zoned properties in the vicinity of Bristol Street, between the San Diego (405) Freeway and the Costa Mesa (55) Freeway. The Affidavit of publication is on file in the Clerk's office. The following communications have been received: Attorney Thomas D. Peckenpaugh 4041 MacArthur Boulevard, Newport Beach, summary of a meeting attended by owners of the Montgomery Ward parcel, owners of the Bristol Plaza parcel, and members of the Brookview Homeowners Association. Letter from Mr. and Mrs. Wallace Rogers, 817 Cortez St., Costa Mesa, expressing concern over increased traffic and safety of students. Letter from Fay Koening, 3149 Yellowstone Drive, Costa Mesa, in opposition to Bristol Street being zoned for high rise buildings south of the San Diego Freeway. Letter from Roy Andreen, President, Mesa Del Mar Homeowners Association, P. 0. Box 1166, Costa Mesa, requesting that (1) the two-story 30 -foot limit be retained between the Corona del Mar Freeway and the Costa Mesa Freeway; and (2) no further exceptions of the 30 -foot height limitation between the Corona del Mar Freeway to.the.San Diego Freeway. The Traffic Commission submitted the following recom- mendations: (1) Modify the Master Plan of Highways to include a right turn pocket on Bristol Street, north- bound at Baker Street; and (2) Development to the highest levels manageable with existing and potential traffic and circulation systems. The Senior Planner reported=that Specific Plan SP -82-01 differed from previous specific plans in that it affects commercially -zoned properties. He reviewed the Decision Sheet which contains the four major categories to be considered, and includes the Planning staff and Planning Commission recommendations. The Planning Commission made no recommendation as to height limitation. Mayor Schafer announced that height limitation would be the first item for discussion. Don Crippen, 3090 Yellowstone Drive, Costa Mesa, stated that Paularino Avenue traffic is already congested, and although he preferred a 30 -foot height limitation, a 55 - foot maximum height would be acceptable. Bob Kelly, 3132 Trinity Drive, Costa Mesa, representing Mesa North homeowners, stated that after holding several meetings, the residents in his tract are recommending Option II, Alternative B, 55 -foot height limitation for both sides of Bristol Street. Barbara Crippen, 3090 Yellowstone Drive, Costa Mesa, expressed her support of a 55 -foot height limitation. Harry Wong, 3112 Yellowstone Drive, Costa Mesa, spoke in opposition of high-rise development on Bristol Street because he felt it would cause additional traffic congestion and have an adverse impact on surrounding residential areas. Elsie Deeter, 3067 Yellowstone Drive, Costa Mesa, stated that when she purchased her home, it was with the under- standing that the height limitation on Bristol Street would be 30 feet. She also stated that traffic on Paularino Avenue was already congested and extremely noisy at peak hours. Ms. Deeter expressed her prefer- ence for a 55 -foot height limitation. Mary Naylor, 3137 Trinity Drive, Costa Mesa, spoke in support of a 30 -foot height limitation and showed charts she had drawn, stating that the charts reveal the visual disparity in heights in relation to her tract and the Brookview Tract. Howard Heithoff, 2814 -Loreto Avenue, Costa Mesa; repre- senting the Mesa Del Mar Homeowners Association, stated that a poll had been conducted in his area. He reported that of the 865 homes polled, a response was received from 21.8 percent of the residents and 70 percent were in favor of a 30 -foot height 1 imitation. Robert Moody, 632 Shasta Lane, Costa Mesa, spoke in opposition to high-rise development in subject area because he felt it,was not compatible with the surround- ing residential areas, and that it would impair his family's lifestyle. Norman Suker, 603,Ranier Way, Costa Mesa, former Presi- dent of the Brookview Homeowners Association, spoke in support of a height limitation of 55 feet. Lester Thompson, 612 Brookview Way, Costa Mesa, Presi- ident of the Brookview Homeowners Association, spoke concerning the Association's involvement with prior plans submitted to the City for the Bristol Plaza property on the west side of Bristol Street. He reported that after the Association met with the 1 owners,of the Montgomery Ward parcel and the Bristol Plaza property; the Association is recommending a modification of Option III as submitted to the Council in April, 1982. Doris Hope, 616 Brookview Way, Costa Mesa, Treasurer of the Brookview Homeowners Association, stated that a poll was taken by the Association regarding the most recent development proposed by the owner of the Bristol Plaza parcel, and the poll indicated a majority of Brookview residents favored the project. Greg Butcher, representative from California Pacific Properties, 3401 Sunflower Avenue, Santa Ana, owner of the Montgomery Ward parcel, stated that the entire area is becoming the cultural and business center of the City, however, retail uses in the subject area have been unsuccessful in the past and other compatible uses should,be considered. Mr Butcher expressed his support of Option III, 110 -foot height limitation. Dick Hanchett, 10 Sycamore Street, Irvine, owner of property at 811 St. Clair Street, expressed his opinion that traffic congestion, traffic hazards, and traffic noise are now apparent on St. Clair Street, Bear Street, and Paularino Avenue, and that high-rise development would result in,.further problems. John Zilkow, 921 MacKenzie Place, Costa Mesa, related his opposition to overdevelopment and dense traffic resulting in,additional smog, dust, and traffic hazards. He voiced his opposition to high-rise construction because it would destroy the.view from his home. There -being no other speakers, the Mayor closed the public hearing relating to height limitation. Mayor Schafer expressed thanks to the public for their input and the orderly manner in which they presented their opinions. Councilwoman Hertzog read a prepared statement which indicated her strong opposition to any development over 30 feet high. Vice Mayor Hall stated that he would address traffic impacts first and then height limitation. He expressed his opinion that office development would increase traffic only during peak hours, however, there would be very little traffic generated during the evening or on weekends. Vice Mayor Hall further stated that if retai`1 uses were approved, traffic congestion and noise would be increased until late in the night and also during the entire weekend. As to height limitation, the Vice Mayor expressed his agreement with the recom- mendation of -the Brookview Homeowners Association. Mayor Schafer expressed her preference to consider all of Bristol Street, not just one area, and voiced strong support of Option II, 55 -foot height limitation. Vice Mayor Hall responded that he would be in favor of first considering only that portion of Bristol Street between the San Diego Freeway and Paularino Avenue. Councilman McFarland agreed with Vice Mayor Hall's last statement, -expressing his opinion that the primary concern.at.thi.s.time is that portion of Bristol Street mentioned -by the Vice'Mayor. Councilman McFarland then read a letter which was directed to CALTRANS by the City's'Director of Public Service. The communication advised CALTRANS to expect strong opposition from the City to that agency's Route 405 southbound ramp meter project if only a single -lane metering is proposed on Bristol Street at the San Diego (405) Freeway. Council- man McFarland stated he preferred either Option II or Option III, but was not in favor of heights as great as 130 feet. Councilman Johnson expressed his agreement with Vice Mayor Hall and the recommendation of the Brookview - Homeowners Association for Option III modified. MOTION A motion was made by Councilman McFarland, seconded by Limit Height to 85 Vice Mayor Hall, to limit the height to 85 feet on the Feet on East Side east side of Bristol Street between the San Diego of Bristol Street Freeway and Paularino Avenue. SUBSTITUTE MOTION After further discussion, a substitute motion was made Limit Height to 30 by Councilwoman Hertzog, seconded by Mayor Schafer, to Feet limit the height to 30 feet on the east side of Bristol Street from the San Diego Freeway to Paularino Avenue. Failed to Carry The motion failed to.carry 3-2, Council Members Schafer and Hertzog voting yes. MOTION for 85 -Foot The Mayor called for a vote on the original motion by Height Carried Councilman McFarland allowing a height of 85 feet. The motion carried 3-2, Council Members Schafer and Hertzog voting no. MOTION A motion was made by Councilman McFarland, seconded by Limit Height to 50 Vice Mayor Hall, to limit the height to 55 feet on the Feet on West Side west side of Bristol- Street between the San Diego Free - of Bristol Street way and Paularino Avenue. After brief discussion, Councilman McFarland amended his motion, seconded by Vice Mayor Hall., limiting the height to 50 feet. SUBSTITUTE MOTION A substitute motion was made by Councilwoman Hertzog, Limit Height to seconded by Mayor Schafer, to limit the height to 30 30 Feet feet on the west side of Bristol Street between the San Diego Freeway and Paularino Avenue, however, the motion Failed to Carry failed to carry 3-2, Council'Members Hertzog and Johnson voting yes. MOTION for 50 -Foot Mayor Schafer called for a vote on the amended motion, Height Carried by Councilman McFarland allowing a height of 50 feet. The motion carried 4-1, Councilwoman Hertzog voting no. MOTION A motion was made by Councilman McFarland, seconded by Limit Height to Councilwoman Hertzog, to retain the present 30 -foot 30 Feet South of height limitation on both sides of Bristol Street south Paularino Avenue of Paularino Avenue. The motion carried 4-1, Vice Mayor Hall voting no. MOTION On motion by Vice'Mayor Hall, seconded by Councilman Boundaries of McFarland, and carried 5-0,:the boundaries for the Specific Plan Specific Plan were determined to be from the San Diego Determined (405) Freeway to the Corona del Mar (73) Freeway. MOTION On motion by Vice Mayor Hall, seconded by Councilman Initiate General McFarland, and carried 5-03, staff was authorized to Plan Study for initiate a study for a General Plan Amendment from Low Neighborhood Density Residential to Neighborhood Commercial for the Commercial area between the Corona del Mar (73) Freeway to the Costa Mesa (55) Freeway. Circulation - The Development Services Director presented for Council Right Turn Lane on consideration, a decision concerning amendment of the Bristol Street MasterPlan of Highways to include a right turn lane on northbound Bristol Street at Baker Street. After brief MOTION discussion, a motion was made 'by Vice Mayor Hall, Held Over seconded by Councilman McFarland, and carried 5-0, to set a public hearing at a later date to consider this matter. Public Hearing Mayor Schafer re -opened the public hearing because of Re -opened a request from the audience -to give input on the next item, floor area ratio. Development Bob Kelly, 3132 Trinity Drive, Costa Mesa, representing Intensity/Floor Mesa North homeowners, spoke regarding floor area ratios Area Ratio relating to development intensity. Mr. Kelly recom- mended Option II, .70 ratio if developed for office use, or Option III, 1.00 ratio if developed for office and hotel uses. There being no other speakers, the Mayor closed the public hearing. MOTION After brief discussion, a motion was made by Councilman Ratio of .80 McFarland, seconded by Vice Mayor Hall, to use a floor Approved for area ratio of .80 for properties located on the east East Side of side of Bristol Street from the San Diego (405) Freeway Bristol Street to Paularino Avenue. Considerable discussion ensued during which time Council Members Schafer and Hertzog stated their desire to study this matter further, how- ever, the motion carried 3-2, Council Members Schafer and Hertzog voting no. MOTION A motion was made by Councilwoman Hertzog, seconded by Ratio of .50 Mayor Schafer, to approve Option I, .50 floor area Approved for ratio; for properties located on the west side of West Side of Bristol Street from the San Diego (405) Freeway to Bristol Street Paularino Avenue.. The motion carried 4-1, Vice Mayor Hall voting no. MOTION Discussion was held concerning the need for a floor area Floor Area Ratio ratio for properties located on both sides of Bristol Not Required Street south of Paulari.no Avenue to the Corona del Mar South of (73) Freeway since it was decided earlier to retain the Paularino Avenue present height limitation of 30 feet. The Development Services Director reported that establishment of a ratio was not.necessary. On motion by Councilman McFarland, seconded by Vice Mayor Hall, and carried 5-0, no floor area ratio was established for subject area. MOTION A motion was made by Vice Mayor Hall, seconded by Circulation System Councilwoman Hertzog, and carried 5-0, to set a public Improvements Held hearing on the same date that is set for the right Over turn lane on Bristol Street to discuss the two items pertaining to circulation system improvements. MOTION On motion by Vice Mayor Hall, seconded by Councilman 150 -Foot Setback Johnson, and carried 5-0,..Council established a set - Established for back of 150 feet from residential property lines for East Side of the east side of Bristol Street from the San Diego (405) Bristol Street Freeway to Paularino Avenue. MOTION Discussion was held concerning the setback/height ratio 3-1 Setback/Height for the east side of Bristol Street and the Development Ratio Established Services Director answered questions from the Council. for East Side of On motion by Vice Mayor Hall, seconded by Councilman Bristol Street McFarl.and,.and carried 5-0, and setback/height ratio of 3-1 was established for the east side of Bristol Street from the San Diego (405) Freeway to Paularino Avenue. MOTION A motion was made by Vice Mayor Hall, seconded by 3-1 Setback/Height Councilman Johnson, to establish a 3-1 setback/height Ratio Established ratio for the west side of Bristol Street from the for West Side of San Diego (405) Freeway to Paularino Avenue. The Bristol Street motion carried 5-0. MUIIUN A motion was made by Vice Mayor Hall, seconded by Setback Retained Councilman McFarland, to retain the present City Ordi- for West Side of nance building setback for the west side of Bristol Bristol Street Street from the San Diego Freeway (405) to Paularino North of Paularino Avenue. The motion carried 5-0. Avenue MOTION A motion was made by Councilman McFarland, seconded by Setback Retained Vice Mayor Hall, to retain the present City Ordinance for Both Sides building setback,for both sides of Bristol Street from of Bristol Street Paularino Avenue :to the Corona del Mar (73) Freeway. South of Paularino The motion carried 5-0. Avenue brief discussion, the motion carried 5-0. PDC Procedure and The Development Services Director introduced the first Guidelines item of consideration relating to the Specific Plan Permit Procedures Criteria: Should the Planned Development Commercial Approved as (PDC) procedure and guidelines be approved as proposed? Proposed The Planning Commission recommended approval of the PDC MOTION procedure and guidelines amended to incorporate the Exceptions following changes: (1) Minimum size of four acres; Approved as (2) Signalized access onto Bristol Street, or access Proposed from an intersecting street with a signalized intersec- tion at Bristol Street; and (3) Frontage on Bristol Street. MOTION A motion was made by Vice Mayor Hall, seconded by Approved as Councilman McFarland, to approve the Planned Develop - Amended by ment Commercial (PDC) procedure and guidelines as Council amended by the Planning Commission except eliminating the requirement for frontage on Bristol Street. After brief discussion, the motion carried 5-0. MOTION On motion by Vice Mayor Hall, seconded by Councilman Implementation McFarland, and carried 5-0, the Specific Plan Imple- Permit Procedures mentation Permit procedure and guidelines were approved Approved as as proposed. Proposed MOTION On motion by Vice Mayor Hall, seconded by Councilman Exceptions McFarland, and carried 5-0, the provisions for excep- Approved as tions were approved as proposed. Proposed MOTION On motion by Vice Mayor Hall, seconded by Councilman Negative Declara- Johnson, the Negative Declaration of Environmental tion Adopted and Impact was adopted; and Resolution 82-38, being A Resolution 82-38 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA Adopted MESA, CALIFORNIA, ADOPTING SPECIFIC PLAN SP -82-01 FOR PROPERTY LOCATED ON BOTH SIDES OF BRISTOL STREET BETWEEN THE SAN DIEGO (405) -AND THE CORONA DEL MAR (73) FREEWAYS, incorporating all of the Council's earlier actions. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer Hall, Hertzog, McFarland, Johnson NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None RECESS The Mayor declared a recess at 9:40 p.m., and the meeting reconvened at 9:55 p.m. PUBLIC HEARING The Clerk announced that this was the time and place GP -81-3A and set for the public hearing for General Plan Amendment Rehearing of GP -81-3A, and rehearing of General Plan Amendment GP -82-1B GP -82-1B, the latter having been continued from the meeting of April 19, 1982, Costa Mesa City Council, to consider General Plan land use designation options, General Commercial or High Density Residential, for property located at 219, 221, and 221-1/2 Avocado Street; and to consider the Environmental Determination Tor the proposed change. The rehearing for GP -82-1B was requested by Gerald Odegaard, 1632 Pegasus Street, Santa Ana Heights, owner of property at 217 Avocado Street. The Affidavits of Publishing and Mailing are on file in the Clerk's office. The Planning staff recommended adoption of the Negative Declaration and adoption of a resolution changing the land use designation from General Commercial to High Density Residential. A copy of a letter has been received which is addressed to Mr. Odegaard from his consultant, Ronald E. Roluffs and Associates, 16282 Casarey Drive, Fountain Valley, stating that the Negative Declaration for General Plan Amendment GP -81-3A is not adequate. The Senior Planner reviewed the history of the subject General Plan Amendments as outlined in his memorandum dated April 28, 1982. He further reported that Gerald Odegaard questioned the validity of the adoption of the Negative Declaration for General Plan Amendment GP -81-3A. In order to clarify.any questions, staff recommended that Council reconsider the Negative Declaration for General Plan Amendment GP -81-3A and the amendment itself, as well as General Plan Amendment GP -82-1B which is the same request as for GP -81-3A. Gerald Odegaard was present and read portions of the report from,his consultant, Ronald E. Roluffs and Associates, contending that the Negative Declaration contains false statements and procedural errors. The report also contains an opinion of the author that an Environmental Impact Report is required. Mr. Odegaard requested that Council continue the public hearing for further study. Robert Runyon, 219 Avocado Street, and Germaine Matthews, 221 Avocado Street, requested that their properties remain General Commercial. Sid Soffer, 900 Arbor Street, Costa Mesa, questioned the Planning staff's memorandum dated May 3, 1982, which i.s a rebuttal to the report by Roluffs. Mr. Soffer expressed his disagreement with staff's state- ments concerning Government Code Section 65906 relating to "use variances", also contained in the subject memorandum. Mr. Soffer questioned the validity of the study done for the Negative Declaration for General Plan Amendment GP -81-3A and asked if the hearing held in November, 1981, was invalid. The City Attorney responded that the subject items were being reconsidered by Council in fairness to all con- cerned. Milton Meehan, 2319 Margaret Drive, Newport Beach, owner Of property at 221-1/2 Avocado Street, spoke in support of High Density Residential use for the properties. He further. stated his opinion that the properties owned by Mr. Runyon and Ms. Matthews, 219 and 221 Avocado Street, respectively, would be more valuable if zoned for resi- dential use. Billy -Thomas, 22635 Spring Lake Lane, E1 Toro, co-owner with Mr. Meehan of the property at 221-1/2 Avocado Street and owner of property at 233 Avocado Street, spoke in support of the High Density Residential use. There being no other speakers, the public hearing was closed. I' __ . 8 s The Development Services Director reminded the Council that after reviewing all documentation submitted, it was their decision to authorize preparation of an Environ- mental Impact Report, or adopt the Negative Declaration. MOTION A motion was made by Vice Mayor Hall, seconded by Negative Councilman Johnson, adopting the Negative Declaration Declaration of Environmental Impact for General Plan Amendments Adopted GP -81-3A and GP -82-1B for property located at 221-1/2 Avocado Street. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Hall NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None MOTION On motion by Vice Mayor Hall, seconded by Councilman Resolution 82-39 Johnson, Resolution 82-•39, being A RESOLUTION OF THE Adopted CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING GENERAL PLAN AMENDMENTS GP -81-3A AND GP -82-1B, AMENDING THE GENERAL PLAN OF THE CITY OF COSTA MESA, changing the land,use designation for property located at 221-1/2 Avocado Street from General Commercial to High Density Residential, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Schafer, Hall, Hertzog, McFarland, Hall NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Clerk announced that this was the time and place R-82-04 set for the public hearing for Rezone Petition R-82-04, Gimpel/Strauss Dennis M. Gimpel and Donald R. Strauss, 5600 River Ave- nue, Newport Beach, for permission to rezone property at 2640 Fairway Drive from R1 to R2. Environmental Deter- mination: Negative Declaration. The Affidavit of Publication is on file in the Clerk's office. The Plan- ning staff and Planning Commission recommended denial. Appeal of ZE-82-45 The Clerk also presented an appeal from the above appli- cants concerning the Planning Commission's denial of Zone Exception ZE-82-45, for variances from parking, driveway width, and setback requirements to legalize a second dwelling unit at the above address, in an R1 zone. The Affidavit of Mailing is on file in the Clerk's office. The Planning staff and Planning Com- mission recommended denial, directing that the illegal improvements be.removed within.60 days. A communication has been received from Rosemary R. Creath, 2626 Fairway Drive, Costa Mesa, opposing both the Rezone Petition and the Zone Exception. Mayor Schafer announced that the following communica- tions in opposition to both applications were received by the Planning Commission and forwarded to Council for the record: petition containing 55 signatures; letter from Thomas Welbourn, 234 Fairway Place; and letter from Carl K. Brown,'owner of property at 238 Fairway Place. Dennis Gimpel stated that the Planning Commission's direction to remove the improvements within 60 days was stringent, that it would be a financial burden to remove the structure and evict the tenant. Mr. Gimpel answered questions from the Council regarding the circumstances surrounding his purchase of the property and complaints made by neighbors concerning his tenants. Tom Welbourn, 234 Fairway Place, spoke in opposition to the applications, and reported on the nuisance created by late parties held by the applicant's tenants. 1 Edward Rasmussen, 2632 Fairway Drive, complimented the staff on their assessment of the applications and spoke in -opposition of granting a rezone or zone excep- tion for the subject property. Mr. Rasmussen also voiced his opinion that the illegal structure was inadequate for living quarters. John Davis, 2650 Club Mesa Place, stated he has lived in the neighborhood for 20 years and if the Council allowed substandard units, the area would become a slum. He.also stated that it would be more costly to Mr. Gimpel to bring the illegal structure up to Code standards than if he demolished it completely. Patricia Rasmussen, 2632 Fairway Drive, also spoke in opposition to the applicant's requests. She reported that the tenants occupying the subject property raced motorcycles on the street, held parties almost every night, and covered -their automobile with graffiti. She further stated that when she confronted Mr. Gimpel about the nuisances, he suggested that she report it to the police. Roscoe Speak, 206 Lillian Place, owner of property at 201 Fairway Place, asked that Council deny the requests because of the undesirable situation which exists. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Councilwoman Hertzog, seconded by Council - R -82-04 Denied man McFarland, and carried 5-0, Rezone Petition R-82-04 was denied based on the findings and analysis contained in the Staff Report. MOTION A motion was made by Councilwoman Hertzog, seconded by Deny ZE-82-45 Mayor Schafer, to deny ZE-82-45 based on the findings and analysis contained in the Staff Report, and order- ing the illegal structure removed in 60 days. Vice Mayor Hall stated that the accessary building could remain.if it is brought up to standards, and suggested a substitute motion. SUBSTITUTE MOTION A substitute motion was made by Vice Mayor Hall to deny ZE-82-45 Denied ZE-82-45 based on the findings and analysis contained in the staff report, and ordering the removal of illegal improvements within 60 days. The substitute motion was seconded by Mayor Schafer, and carried 5-0. PUBLIC HEARING The Clerk announced that.this was the time and place Revocation of set for the public hearing to consider revocation of Encroachment Encroachment Permit No. 66, water well site on the Permit No. 66 south side of Sunflower Avenue approximately 100 feet west of Fuchsia Street, and to declare the well site a public nuisance. The Affidavit of publishing and posting are on file in the Clerk's office. Letters of notification of the public hearing were mailed to interested property owners as required by law. No communications have been received. The Assistant City Engineer reported that information he had recently received.may warrant a continuance of the public hearing. ` Robert Wilson, 3435 Plumeria Place, Costa Mesa, spoke in favor of revoking the permit and declaring the well site a public nuisance. Mr. Wilson stated that the structure has created a traffic hazard because it obstructs the view of motorists at the intersection of Sunflower Avenue and,Fuchsia Street. Dave Leighton, 1074 Redding Avenue, Costa Mesa, representing the North Costa Mesa Homeowners Associa- tion, reported he was unsuccessful in locating the well on maps he had examined nor could he discover who owned the property. Malcolm Ross of C. J. Segerstrom and Sons, 3315 Fairview Road, Costa Mesa, informed the Council that the well was attached to the Vogt property, however, water rights were retained by the Wakeham family. He reported that Encroachment Permit No. 66 was issued to Larwin-Southern California, Incorporated, but had not met the conditions of the City. Mr. Ross stated that Segerstroms wanted to continue using the water for irrigation purposes. Mr. Ross stated he would like to present a proposal which he felt would solve the visual problems at the site. MOTION On motion by Vice Mayor Hall, seconded by Councilman Held Over Johnson, the public hearing was continued to June 7, 1982, for the purpose of investigating Mr. Ross's proposal with a report to be submitted at that meeting. The motion carried 5-0. PUBLIC HEARING The Clerk announced that this was the time and place HCDA Block set for the public hearing to consider the proposed Grant Program application for the Housing and Community Development 1982-83 Act (HCDA) Block Grant Program for Fiscal Year 1982-83. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. The Assistant City Manager reviewed his memorandum dated April 28, 1982, which contains background and discussion of the program. He also referred to the recommendations attached to the subject memorandum and pointed out that under VI - Public Services Programs - the amount of $87,000.00 in the third column was incorrect. The correct amount is $81,700.00. Jean Forbath, member of the Housing and Community Development Committee, was present and answered ques- tions from the Council. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Vice Mayor Hall to approve the Application HCDA Block Grant Program application for Fiscal Year Approved as 1982-83 for a total of $817,000.00, essentially in Amended accordance with recommendations of the staff contained in above-mentioned report, with adjustment to the Public Services appropriation to be distributed to other accounts and possibly into the contingency fund, if appropriate, otherwise distributed to those funds where it is legal and justifiable. The motion was seconded by Councilman Johnson, and carried 5-0. Councilman Councilman McFarland announced that since he was on the McFarland Leaves Advisory Board of the Bank, he would not participate in a decision on the next item. Councilman McFarland left the Council Chambers. NEW BUSINESS The Clerk presented an appeal of the Planning Commis - Appeal of ZE-82-47 sions's decision for Zone Exception ZE-82-47, from David First Interstate Prentice, authorized agent for First Interstate Bank, Bank Trust Department, 707 Wilshire Boulevard, Los Angeles, and representative for Canadian Indemnity Company, for a Conditional Use Permit to allow banking operations in an existing building, with variances from parking require- ments and sign regulations, for property located at 3350 Harbor Boulevard, in an MP zone. Environmental Deter- mination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. 1 the Nanning staff recommended denial. The Planning Commission recommended approval of the Conditional Use Permit and parking variance subject to conditions, and denial of the sign variance. The Development Services Director summarized the infor- mation contained in Planning staff memorandum dated April 29, 1982, and in the Staff Report. Tom Wolff, 56 Royal St. George, Newport Beach, Director of Marine National Bank, requested approval of their proposed internally illuminated sign to be located on the third level. Lee Hanson, 215 Walnut Street, Newport Beach, Controller McFarland Councilman McFarland returned to the Chambers and took Returns his place at the Council table. ZE-81-132A The Clerk presented Zone Exception ZE-81-132A, Robert South Coast Bein, William Frost and Associates, 1401 Quail Street, Plaza Newport Beach, authorized agent for South Coast Plaza, 3315 Fairview Road, Costa Mesa, for variances from setback landscaping, building setback, and parking standards in conjunction with revisions to design of a parking garage for a previously approved restaurant, located at 3300 Bristol Street, in a TC zone. Environ- mental Determination: Environmental Impact Report accepted for Town Center. M. of Canadian Indemnity.Company, spoke in support of allowing their proposed logo. MOTION A motion was made by Vice Mayor Hall approving the Conditional Use Conditional Use Permit to allow banking operations in Permit, Parking an existing building; approving the parking variance Variance, and a based on the analysis contained in the Staff Report on Sign Variance Page.2, Section II, Subsection B, Item 4; approving a Approved, sign variance for an internally illuminated sign for Marine' National Bank as proposed but with the location of the sign to be on thefirst level, not on the third level, based on the following findings: (1) This would be primarily a_Wholesale banking" -:function which would require fewer -parking spaces thah=normal, and will serve the needs of the:sur-rounding area; (2) That parking can be increased by -utilization -of compact car spaces; (3) Since the- bank: has. --proposed "to serve sur- rounding industrial uses, there would be_. -a significant decrease in Citywide traffic circulation; (4) Providing a pedestrian access from the industrial area will tend to decrease traffic congestion and.lead to energy con- servation; (5) There are exceptional changes taking place in the tenor of industrial uses, a change which will probably continue; (6) Since the bank will be a service to the surrounding industrial uses, it, in and of itself, creates compatibility and will not be materially detrimental to other properties within the area; (7) The use will not be materially detrimental to the health, safety, and general welfare of the public or otherwise injurious to the property or improvements within the immediate neighborhood; and (8) It meets the goals of the .City's General Plan to take "a cooperative approach to include the elimination of constraints which inhibit commercial and industrial growth and further creates more productive land uses to strengthen the City's economic base", and further, for reference, the adoption of the Planned Development Industrial Zone for mixed uses in conformity with the General Plan furthers these goals; and subject to the three conditions recommended by the Planning Commission. The motion was seconded by Councilman Johnson, and carried 4-0, Councilman McFarland absent. McFarland Councilman McFarland returned to the Chambers and took Returns his place at the Council table. ZE-81-132A The Clerk presented Zone Exception ZE-81-132A, Robert South Coast Bein, William Frost and Associates, 1401 Quail Street, Plaza Newport Beach, authorized agent for South Coast Plaza, 3315 Fairview Road, Costa Mesa, for variances from setback landscaping, building setback, and parking standards in conjunction with revisions to design of a parking garage for a previously approved restaurant, located at 3300 Bristol Street, in a TC zone. Environ- mental Determination: Environmental Impact Report accepted for Town Center. M. ADJOURNMENT The Mayor declared the meeting adjourned at 12:20 a.m. Mayor of the MY of C sta Mesa ATTEST: l' Cty=C,_erk of --the City of Costa Mes jonn Richards of Robert Bein,. William Frost and Associ- ates, was present to answer, questions from the Council, however, there were no questions. MOTION On motion by Vice Mayor Hall, seconded by Councilwoman Approved Hertzog, and carried 5-0, the variances were approved based on the findings contained in the Staff Report, and subject to conditions recommended by the Planning Commission. COUNCILMANIC Councilwoman Hertzog asked the City Manager if any COMMENTS information was available regarding her request that the Civic Playhouse be moved from the Fairgrounds Civic Playhouse location. The City Manager responded that because of the vandalism, Friday night performances have been discontinued and he is still investigating availabil- ity of other locations. ADJOURNMENT The Mayor declared the meeting adjourned at 12:20 a.m. Mayor of the MY of C sta Mesa ATTEST: l' Cty=C,_erk of --the City of Costa Mes