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HomeMy WebLinkAbout07/16/1984 - City Council4-18 REGULAR MEETING OF THE CITY COUNCIL CITY OF COSTA MESA JULY 16, 1984 The City Council of the City of Costa Mesa, met in regular session on July 16, 1984, at 6:30 p.m., 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 Drew Boucke, Costa Mesa Nazarene Church. ROLL CALL Council Members Present: Hall, Johnson, Hertzog, McFarland, Schafer Council Members Absent: None Officials Present: City Manager, Assistant City Attorney, Acting Development Services Director, Director of Public Services, Deputy City Clerk MINUTES On motion by Councilwoman Hertzog, seconded by Vice July 2, 1984 Mayor Johnson, and carried 5-0, the minutes of the regular meeting of July 2, 1984, were approved as distributed and posted. ORDINANCES A motion was made by Councilwoman Hertzog, seconded by Vice Mayor Johnson, and carried 5-0, to read all ordinances by title only. CONSENT CALENDAR On motion by Councilwoman Schafer, seconded by Council- wanan Hertzog, all Consent Calendar items were approved in one motion by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None READING FOLDER On motion by Councilwoman Schafer, seconded by Council- woman Hertzog, and carried 5-0, the following Reading Folder items were received and processed: Claims Claims received by the City Clerk: Greg Salmeri; Attorney Naveed Alam on behalf of Sheryn Nichols; Joe Tovar; and Application for Leave to Present a Late Claim frau Attorney Fred W. Anderson on behalf of Tammy Francine Ferguson. Alcoholic Alcoholic Beverage License applications for which Beverage parking has been approved by the Planning staff: License Norman K. Dolby and Wayne E. Paul, doing business as E Z In Liquors, 145 East 19th Street; Grace Lamoreaux, doing business at 1824-26 Newport Boulevard; and Dorothy and Joseph Rizzo, doing business at 3176 Pullman, Suite 125. Alcoholic Beverage License application for Hansen M. and Leasha T. Perng, 2544 Newport Boulevard, is being protested by the Planning staff because a conditional use permit is required in connection with the motel. Public Utilities Amended Application No. 83-12-02, Southern Canmission California Edison Company, for authority to increase its various rates. Orange County Notice of public hearing from Orange County Board Cemetery Districts of Supervisors regarding reorganization of Orange County Cemetery Districts No. 1 and No. 2 and Magnolia Memorial Park, into one Countywide district. BUSINESS PERMITS Notice of Intention to Appeal or Solicit for Charitable United Family Purpose has been received from the United Family Associ- Associates ates, Incorporated, doing business as Family Thrift Store, 303 East Grove Avenue, Orange, by solicitation of reuseable items, July 15 through December 31, 1984. MOTION On motion by Councilwoman Schafer, seconded by Council - Permit Approved woman Hertzog, and carried 5-0, the permit was approved with application of Municipal Code Section 9-234J. SET FOR PUBLIC On motion by Councilwoman Schafer, seconded by Council - HEARING wanan Hertzog, and carried 5-0, the following items were set for public hearing on August 6, 1984, at 6:30 p.m., in the Council Chambers of City Hall: R-84-14 Rezone Petition R-84-14, Costa Mesa Redevelopment Redevelopment Agency, to rezone property at 1815-1839 Newport Agency Boulevard and at 509-527 Center Street from C2 (General Business District) to PDC (Planned Development Cammercial), and to establish PDC zoning on the southerly half of Center Street between Harbor Boulevard and Park Avenue. Environmental Determination: Environmental Impact Report accepted on February 6,1984. Metro Business For Robert D. Mickelson, authorized agent for Center Metro Business Center, 505 North Tustin Avenue, Suite 150, Santa Ana, for property located at the southwest corner of Bear Street and South Coast Drive: EIR for GP -82-3A (a) Environmental Impact Report (EIR). GP -82-3A (b) General Plan Amendment GP -82-3A, to change the land use designation from Low and Medium Density Residential to High Density Residential and General Commercial. R-84-13 (c) Rezone Petition R-84-13, for permission to rezone subject property from PDR -MD (Planned Development Residential - Medium Density) to PDR -HD (Planned Development Residential - High Density) and PDC (Planned Development Commercial). Master Plan Amendment (d) Amendment to the Master Plan of Highways. Repeal of SP -76-02A (e) Repeal of Specific Plan SP -76-02A. 1 REJECTED CLAIMS On motion by Councilwoman Schafer, seconded by Council- woman Hertzog, and carried 5-0, the claim from Southern Edison Company California Edison Company was rejected. Vossler On motion by Councilwoman Schafer, seconded by Council- waman Hertzog, and carried 5-0, an Application for Leave to Present a Late Claim from Stanley John Vossler was denied. ADMINISTRATIVE ACTIONS Bids received for Bid Item 616, Annual Report, are on file in the Clerk's office. On motion by Councilwanan Bid Item 616 Schafer, seconded by.Councilwaman Hertzog, the contract Annual Report was awarded to Woodridge Press, 2990 Blue Star Street, Anaheim, in the amount of $10,443.12. The motion car- ried by the following roll call vote: MOTION Awarded to Woodridge Press AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer None None Agreement - County The Director of Public Services has requested approval of Orange of an agreement with the County of Orange which would authorize the City of Costa Mesa to sweep County streets Street Sweeping in the vicinity of the City limits, including unincor- Services porated area portions of Mesa Drive, University/Del Mar Avenue, 22nd Street, and Irvine Avenue. The agreement would be in effect for three years and renewable there- after. The City would be reimbursed semi-annually, based upon its calculated cost per curb mile swept which MOTION is currently $6.40 per mile. On motion by Councilwoman Agreement Schafer, seconded by Councilwoman Hertzog, the agreement Approved was approved, and the Mayor and Clerk were authorized to sign on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Improvements in Improvements have been completed in Tract 10871 by M. D. Tract 10871 - Janes Company, 2950 Airway Avenue, Suite D-9, Costa Mesa. Janes Canpany On motion by Councilwoman Schafer, seconded by Council- wanan Hertzog, the improvements were accepted as recan- MOTION mended by the Director of Public Services, and the bonds Work Accepted were ordered exonerated. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Final Map for The Final Map and Subdivision Agreement were presented Tract 12134 for Tract 12134, Pacific Woods, a limited partnership, Pacific Woods 1539 Monrovia Avenue, Suite 19, Newport Beach; one lot, 1.06 acres, located at 2202, 2210, and 2214 Pacific MOTION Avenue, for condominium purposes. On motion by Council - Map and Agreement woman Schafer, seconded by Councilwoman Hertzog, the Approved map and agreement were approved; the Council did accept on behalf of the public the ingress/egress easement over Lot 1 for emergency and security vehicle purposes as dedicated; did also approve subject map pursuant to the provisions of Section 66436 (c)(1) of the Subdivision Map Act; the Clerk was authorized to sign the map, and the Mayor and Clerk were authorized to sign the agree- ment on behalf of the City. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Contract Renewal - The City Attorney has requested renewal of the contract Carl Warren with Carl Warren and Campany, 1801 Park Court Place, Building E, Suite 208, Santa Ana, for claims administra- Claims tion. The renewal is for a one-year period, August 1, Administration 1984, to July 31, 1985. The contract is for the same base rate of $7,200.00 per year; however, the hourly rate has increased from $25.00 to $26.00; the cost of photocopies has increased frau 15 cents to 20 cents per page; telephone expenses at four percent of services; MOTION and office expenses have increased from $12.50 to $13.00 Contract for file makeup plus 10 percent of the contractor's Renewal service charge. On motion by.Councilwanan Schafer, Approved seconded by Councilwoman Hertzog, the contract renewal was approved by the following roll call vote: The Acting Development Services Director reviewed the application, and reported that the Planning Carnmission recammended approval subject to conditions contained in the Staff Report, with modification of Condition No. 5 to read: 5a. "Detailed plans for a pedestrian bridge between the site and South Coast Plaza shall be approved by the Planning Commission prior to issuance of building permits". 5b. "Plans for a pedestrian bridge between South Coast Plaza and Town Center, and for an enhanced pedestrian corridor through the Plaza parking lot, shall be submitted to the Planning Cammis- sion prior to issuance of building permits". Malcolm Ross, C. J. Segerstrom and Sons, gave a slide presentation of the project, and requested deletion of Condition No. 3: "A solid six-foot, six-inch wall shall be placed on the westerly edge of the top level of the parking structure. This condition may be modified or waived by the Planning staff if a noise study, provided by the applicant, shows this wall to be unnecessary". Mr. Ross stated that the letter submitted to the City, dated June 18, 1984, fulfills the requirements of Condi- tion No. 3. Mr. Ross asked for clarification of Condi- tion No. 5, specifically, the meaning of "detailed plans". Mayor Hall suggested that Condition No. 3 be modified to read: 3. "A solid six-foot, six-inch wall shall be placed on the westerly edge of the top level of the parking structure, or other location as required for proper noise attenuation. This condition may be modified or waived by the Planning staff if, after construction, a noise study provided by the applicant shows this wall unnecessary." As requested by the applicant, the Mayor recammended that Conditions No. 5a and No. 5b be modified to add the word "conceptual" as a description of the plans. MOTION A motion was made by Vice Mayor Johnson to approve Zone ZE-84-101 Exception ZE-84-101 subject to conditions contained in Approved the Staff Report, with Conditions No. 3, No. 5a, and No. 5b modified as previously stated. The motion was seconded by Councilwoman Hertzog, and carried 5-0. Storage of On motion by Councilwoman Hertzog, seconded by Council - Hazardous man McFarland, Ordinance 84-30, being AN ORDINANCE OF Materials THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CONCERNING UNDERGROUND STORAGE TANKS CONTAINING HAZARD- 1 AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None OLD BUSINESS The Deputy Clerk presented from the meeting of July 2, ZE-84-101 1984, Zone Exception ZE-84-101, Malcolm Ross, authorized Ross/South agent for South Coast Plaza, 3315 Fairview Road, Costa Coast Plaza Mesa, for a Planned Development Review of a shopping center containing 690,000 square feet, with variances from the amount of parking, stall width, and aisle dimension requirements, located at 3333 Bear Street in a PDC zone. Environmental Determination: Environmental Impact Report accepted for General Plan Amendment GP -83-2A. The Acting Development Services Director reviewed the application, and reported that the Planning Carnmission recammended approval subject to conditions contained in the Staff Report, with modification of Condition No. 5 to read: 5a. "Detailed plans for a pedestrian bridge between the site and South Coast Plaza shall be approved by the Planning Commission prior to issuance of building permits". 5b. "Plans for a pedestrian bridge between South Coast Plaza and Town Center, and for an enhanced pedestrian corridor through the Plaza parking lot, shall be submitted to the Planning Cammis- sion prior to issuance of building permits". Malcolm Ross, C. J. Segerstrom and Sons, gave a slide presentation of the project, and requested deletion of Condition No. 3: "A solid six-foot, six-inch wall shall be placed on the westerly edge of the top level of the parking structure. This condition may be modified or waived by the Planning staff if a noise study, provided by the applicant, shows this wall to be unnecessary". Mr. Ross stated that the letter submitted to the City, dated June 18, 1984, fulfills the requirements of Condi- tion No. 3. Mr. Ross asked for clarification of Condi- tion No. 5, specifically, the meaning of "detailed plans". Mayor Hall suggested that Condition No. 3 be modified to read: 3. "A solid six-foot, six-inch wall shall be placed on the westerly edge of the top level of the parking structure, or other location as required for proper noise attenuation. This condition may be modified or waived by the Planning staff if, after construction, a noise study provided by the applicant shows this wall unnecessary." As requested by the applicant, the Mayor recammended that Conditions No. 5a and No. 5b be modified to add the word "conceptual" as a description of the plans. MOTION A motion was made by Vice Mayor Johnson to approve Zone ZE-84-101 Exception ZE-84-101 subject to conditions contained in Approved the Staff Report, with Conditions No. 3, No. 5a, and No. 5b modified as previously stated. The motion was seconded by Councilwoman Hertzog, and carried 5-0. Storage of On motion by Councilwoman Hertzog, seconded by Council - Hazardous man McFarland, Ordinance 84-30, being AN ORDINANCE OF Materials THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CONCERNING UNDERGROUND STORAGE TANKS CONTAINING HAZARD- 1 MOTION Ordinance 84-30 Adopted Fee for Storing Hazardous Materials MOTION Resolution 84-95 Adopted Bond Financing for Rental Housing OUS MATERIALS, , was given second the following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: reading and adopted by Hall, Johnson, Hertzog, McFarland, Schafer None None The Deputy Clerk presented a proposed resolution estab- lishing a permit fee to store hazardous materials in underground tanks. On motion by Councilwoman Hertzog, seconded by Vice Mayor Johnson, Resolution 84-95, being A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ESTABLISHING THE FEE FOR A PERMIT TO STORE HAZARDOUS MATERIALS IN UNDERGROUND TANKS, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None The Deputy Clerk presented a Bond Financing Program for Rental Housing/Program Implemention. The City Manager referred to his memorandum of July 11, 1984, which states that, assuming that Council approves the proposed policy for evaluating requests for this type of bond financing, it is necessary to address two particular proposals at hand. The procedures outlined in the proposed Council policy would require developers to submit project reports prior to Council consideration for authorization of the Inducement Resolution. The City Manager suggested that since there are two developers who have waited while the City produced the policy, that Council authorize the County to initiate the Inducement Resolution while these firms compile their project reports. He reported that he has received a number of calls from other developers who are inter- ested in participating in the County program, and recan- mended that these firms go through the procedures as outlined in the Council policy. He also mentioned that staff should be prepared to report back to Council at its August 6, 1984, meeting, establishing the fee for City acceptance and staff evaluation of the requests from developers for bond financing. During discussion, Council Members McFarland and Hertzog made suggestions concerning the program, and Mayor Hall recommended that the City Manager, Councilman McFarland, and Councilwonan Hertzog prepare a report. MOTION On motion by Councilwoman Schafer, seconded by Council - Held Over woman Hertzog, and carried 5-0, this item was continued to the meeting of August 6, 1984, at which time a report prepared by those recommended by Mayor Hall, will be submitted. MOTION A motion was made by Councilman McFarland, seconded by Letter of Councilwanan Hertzog, and carried 5-0, authorizing staff Inducement to send a letter to the County of Orange requesting a Authorized Resolution of Inducement for the following projects: Regis Hanes Corporation, 950 units; and Sewell Develop- ment, 79 units. Commercial The Deputy Clerk presented the proposed commercial Rehabilitation rehabilitation program for East Newport Boulevard Program between 18th Street and Broadway. The City Manager reported that the City, through its Community Development Block Grant program, is proposing to provide financial assistance for the renovation of the facades (exterior improvements) of the buildings on the demonstration block mentioned previously. All parties within that block were notified of the proposed rehabilitation and responded with an indication of interest. The City Manager recommended that the program be adopted. MOTION A motion was made by Councilwoman Schafer, seconded by Rehabilitation Councilwoman Hertzog, adopting the camnercial rehabili- PrograQn Adopted tation program for the demonstration block. The motion carried by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None WARRANT'S On motion by Councilwaman Hertzog, seconded by Vice Mayor Johnson, Warrant Resolution 1256, including MOTION Payroll 8413, was approved by the following roll call Warrant 1256 vote: Approved AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer . NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Deputy Clerk announced that this was the time and place set for the public hearing for Rezone Petition R-84-12 R-84-12, Adrian Young, authorized agent for Michael D. Young/Ray Ray, 2699 White Road, Suite 150, Irvine, for permission to rezone property at 867-877 West 19th Street frau R3 to R4. Environmental Determination: Negative Declara- tion. The Affidavit of Publication is on file in the Clerk's office. No camnunications have been received. ZE-84-89 In conjunction with the above item, the Deputy Clerk Young/Ray also presented Zone Exception ZE-84-89, for a Condi- tional Use Permit to exceed the allowable density, with variances from rear setback, number of compact parking spaces, number of building stories, open space, building separation, and dedication requirements, for a 62 -unit apartment project (40 one-bedroam, and 22 two-bedroan). The Acting Development Services Director reviewed staff's memorandum of July 11, 1984, and reported that the Planning Commission recammended approval of the rezone, zone exception, and the density bonus agreement. James Ray, partner of the applicant, was present to answer questions frau the Council and agreed to all conditions as amended. Mr. Ray requested a change in the density bonus agreement to indicate that 15 units (ten one-bedroan and five two-bedroan) be provided under the Section 8 Program, with a re-evaluation by the City every three years. The Assistant City Attorney and Acting Development Services Director agreed that the request is reasonable and workable. Sid Soffer, 900 Arbor Street, Costa Mesa, objected to the City's dedication requirement; however, the appli- cant stated that he was happy to make the dedication. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Councilwoman Schafer, seconded by Vice Ordinance 84-31 Mayor Johnson, the Negative Declaration of Envirorr- Given First Reading mental Impact was adopted, and Ordinance 84-31, being AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, CHANGING THE ZONING OF A PORTION OF LOT 901, NEWPORT MESA TRACT, FROM R3 TO R4, was given first reading and passed to second reading by the 1 following roll call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer None None MOTION A motion was made by Councilwoman Schafer, to approve ZE-84-89 Zone Exception ZE-84-89 subject to amended conditions Approved contained in the Staff Report, and,.to approve an amend- ment to the Density Bonus Agreement stipulating that 15 units (ten one -bedroom and five two-bedroom) shall be provided under the Section 8 Program of the United States Department of Housing of 1937, and that this ratio is to be re-evaluated by the City every three years. The motion was seconded by Vice Mayor Johnson, and carried 5-0. PUBLIC HEARING The Deputy Clerk announced that this was the time and Council Review place set for the public hearing for Council review of of ZE-84-52/ Zone Exception ZE-84-52, Redevelopment Action RA -84-04, RA -84=04 Alan Greeley, authorized agent for Dennis Hogland, 1769 Greeley/liogland Newport Boulevard, for a Conditional Use Permit for outdoor seating in conjunction with a parking variance to legalize and to expand an existing restaurant, at 1767-69 Newport Boulevard in a C2 zone. Environmental Determination: Exempt. The Affidavit of Mailing is on file in the Clerk's office. No communications have been received. The Acting Development Services Director reported that the applicant has requested seating for 42 custamers at noon time and 72 during the evening hours, with valet parking for a six-month trial period. The Plan- ning Ccomission approved the use of valet parking on a six-month trial basis. In conjunction with the valet parking, the restaurant will be allowed to seat a maxi- mum of 42 people during the lunch hours (11:30 a.m. to 3:30 p.m.); however, the restaurant expansion in the adjacent suite to the north is not to be used during the lunch hours. Additionally,"Buck's Clock parking facilities, 1741 Superior Avenue, are to be restriped for 23 spaces. Bob Seaborn, owner of property in the area, stated that the City should provide additional parking. Mayor Hall responded that the City has made an applica- tion to the State to use its property, located in the vicinity of Newport Boulevard and Superior Avenue, for public parking. The Public Services Director indicated that if approval is received frau the State, which will probably take several months, the City will require approximately three to four months for design and canpletion of the project. Mr. Seaborn suggested that this application not be approved until the State permits the use of its property for additional parking. .a Kathy Young, owner of the Bamboo Terrace Restaurant, 1773 Newport Boulevard, submitted to each Council Member a picture and diagrams of the parking situation in the area, and also submitted a copy of a petition containing 137 signatures of her custamers, of which 129 opposed valet parking. She stated that the parking at Buck's Clock is substandard, and feels that the City is showing favoritism to Mr. Greeley. She asked who would canpen- sate her for loss of income if the six-month trial period for valet parking is not successful. Sid Soffer, 900 Arbor Street, Costa Mesa, stated his opinion that it is the City's responsibility to pro- vide the required parking. Don Elmore, owner of the health food store adjacent to the Bamboo Terrace, submitted a petition containing 85 signatures of his customers, requesting that the City provide more parking for the subject area. Mr. Elmore stated that the valet parking is a farce, and that applicant's customers will use the public parking spaces before they use valet parking. He stated that the existing parking situation will ruin his business. Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights, suggested that the Neighborhood Camnunity Center park- ing facilities, at 1845 Park Avenue, be considered for a possible solution. Rod Jewell, 443 North Delphine Place, Fullerton, stated that he has been a customer of the Bamboo Terrace for over 10 years, and if the parking shortage continues, he will be forced to go elsewhere. Mr. Jewell also questioned staff's determination that this project is exempt frau environmental impacts. Jerry King, 4340 Campus Drive, Newport Beach, represent- ing epresenting the applicant, spoke in support of the application, and mentioned that the valet service being provided is deemed to be one of the best parking services. He stated that the applicant, Mr. Greeley, has offered free valet services to the Bamboo Terrace, and offered services to the surrounding businesses. Mr. King asked that Council allow a six-month trial period for the valet parking. In response to Councilman McFarland's question, Mr. King reported that the valet parking service is free to the customers; however, tipping is allowed. Rita Elmore, owner of the health food store, stated that the Golden Truffle Restaurant expanded illegally and should not be approved. There being no other speakers, the Mayor closed the public hearing. Councilwoman Schafer stated that the Golden Truffle is a beautiful restaurant; however, in relation to the parking situation, she felt Council should give the sane consideration to all businesses in the area. She also commented that using the parking facilities at the Neighborhood Community Center is not the solution. Councilman McFarland commented that the City should not discourage private enterprise and urged the City Manager to expedite the request to the State for use of its property for parking purposes. Vice Mayor Johnson stated that he did not want to dis- courage private enterprise, especially in the subject area, and felt that Council must be fair to all busi- nesses, both old and new. Councilwoman Hertzog favored a limit of 42 customers for both lunch and dinner hours, and that valet parking be approved for three months. After further discussion, Councilwoman Hertzog stated that she might agree to a limit of 72 customers for the dinner hours if there have been no parking problems during those hours. Responses to Mayor Hall by Mr. King and Mrs. Young concerning the evening parking situation indicated contrasting viewpoints. PUBLIC HEARINGS The Deputy Clerk announced that this was the time and Ross/Segerstran place set for the public hearings for Malcolm Ross, C. J. Segerstran and Sons, 3315 Fairview Road, Costa Mesa, for 12.18 acres located at the southeast corner of Adams Avenue and Mesa Verde Drive East: EIR Environmental Impact Report (EIR). GP -84-2A General Plan Amendment GP -84-2A, to amend the land use designation from Commercial Center to Urban Center Residential. R-84-07 Rezone Petition R-84-07, to rezone the property from C1 -S (Shopping Center District) to PDR -UC (Planned Development Residential - Urban Center). The Affidavit of Publication is on file in the Clerk's office. A letter has been received from Richard Churchill, 1786 Hummingbird Drive, Costa Mesa, stating he has no objec- tion to a zone change to residential if the density is consistent with, and the buildings are no higher than the existing apartments nearby. The Senior Planner reported that the Planning Commission considered the Mesa Verde multi -family residential application at their meeting of June 11, 1984, and recanunended approval of Option I, Urban Center Residen- tial. Option I is the applicant's proposal which amends the General Plan Land Use Element to designate the property for Urban Center Residential use and rezone to PDR -UC, Planned Development Residential - Urban Center. Under this option, between 366 and 609 dwelling units could be constructed. With PDR zoning, the number of units allowed would be determined according to perforin- ance on the criteria established in the Planned Develop- ment Ordinance. Mayor Hall suggested that Option I may be too dense for the area and expressed his preference for Planned Development Residential - High Density. The Mayor recamnended that these items be referred back to the A motion was made by Councilman McFarland, seconded by Vice Mayor Johnson, to approve Zone Exception ZE-84-52,• allowing valet parking for a three-month trial period, limiting lunch-hour seating to 36 and evening seating to 66, and subject to conditions contained in the Staff Report. MOTION Councilwoman Hertzog expressed concern with the motion ZE-84-52 Approved relating to evening seating, pointing out that Council _ for Three -Month cannot determine at this time whether or not valet Valet Parking; parking will alleviate the parking shortage. In view Seating Limited of this, Councilwoman Hertzog made a substitute motion to 36 to approve Zone Exception ZE-84-52, allowing valet parking for a three-month trial period, with staff review after this time; limiting seating to 36 for both lunch and dinner hours; and subject to conditions con- tained in the Staff Report. The motion was seconded by Mayor Hall, and carried 3-2, Council Members Schafer and Johnson voting no. RECESS The Mayor declared a recess at 8:35 p.m., and the meet- eeting ingreconvened at 8:50 p.m. PUBLIC HEARINGS The Deputy Clerk announced that this was the time and Ross/Segerstran place set for the public hearings for Malcolm Ross, C. J. Segerstran and Sons, 3315 Fairview Road, Costa Mesa, for 12.18 acres located at the southeast corner of Adams Avenue and Mesa Verde Drive East: EIR Environmental Impact Report (EIR). GP -84-2A General Plan Amendment GP -84-2A, to amend the land use designation from Commercial Center to Urban Center Residential. R-84-07 Rezone Petition R-84-07, to rezone the property from C1 -S (Shopping Center District) to PDR -UC (Planned Development Residential - Urban Center). The Affidavit of Publication is on file in the Clerk's office. A letter has been received from Richard Churchill, 1786 Hummingbird Drive, Costa Mesa, stating he has no objec- tion to a zone change to residential if the density is consistent with, and the buildings are no higher than the existing apartments nearby. The Senior Planner reported that the Planning Commission considered the Mesa Verde multi -family residential application at their meeting of June 11, 1984, and recanunended approval of Option I, Urban Center Residen- tial. Option I is the applicant's proposal which amends the General Plan Land Use Element to designate the property for Urban Center Residential use and rezone to PDR -UC, Planned Development Residential - Urban Center. Under this option, between 366 and 609 dwelling units could be constructed. With PDR zoning, the number of units allowed would be determined according to perforin- ance on the criteria established in the Planned Develop- ment Ordinance. Mayor Hall suggested that Option I may be too dense for the area and expressed his preference for Planned Development Residential - High Density. The Mayor recamnended that these items be referred back to the 4Vr Planning Commission to consider land use and zoning designations which are not as dense as Urban Center. Councilman McFarland concurred with Mayor Hall, stating that he would be hesitant to approve the Urban Center designation. Council Members Schafer, Hertzog, and Johnson also expressed opposition to Option I. Malcolm Ross, C. J. Segerstran and Sons, stated it is unfortunate that the proposal is not acceptable in that he believes it is a quality development. Rus Purcell, 3075 Molokai Place, Chairman of the Mesa Verde Homeowners Association, asked about further dis- cussion of the Environmental Impact Report (EIR). Mayor Hall suggested that he put his comments in writing so that they will became part of the Final EIR. Mr. Purcell camuented that he was in favor of law density. Lorey Fredericks, 2008 Calvert Avenue, stated that she has lived in the Mesa Verde area for over 20 years and it was her opinion that the property should remain commercially zoned. John De Witt, 2000 Balearic Drive, member of the Mesa Verde Homeowners Association, commented that residents have not been properly notified of the public hearings. He suggested that a method be devised so that all surrounding residents are notified when this item is scheduled for the Planning Commission hearing. Jerry Odegaard, 1632 Pegasus Street, Santa Ana Heights, opposed high density development for this site, and suggested this type of project for the Paularino Avenue/ Bear Street area. Dick Mehren, 1824 Kinglet Court, also a member of the Mesa Verde Homeowners Association, pointed out that there already is a traffic congestion problem on Golf Course Drive, and that the residents of the Vista del Lago complex pay no attention to the red curb, nor are they cited by the police. Mr. Mehren stated that if the proposed project were approved, the full service gas station would be removed and it has been a valuable asset to the neighborhood. He commented that the residents are not being properly informed of the public hearings; that he opposed high rise, high density development; and that he favored a two-story maximum height for the site. Mr. Mehren concluded his state- ments by commending the Council for opposing the high density proposal. Eric Hew, 2920 Royal Palm Drive, stated that the traffic congestion must be remedied before more development is approved. There being no other speakers, the Mayor closed the public hearing. MOTION A motion was made by Councilwoman Schafer, seconded by Referred Back Vice Mayor Johnson, and carried 5-0, referring these to Planning items back to the Planning Cammission to consider PDR -HD Commission (Planned Development Residential - High Density). The City Manager asked that the homeowners association submit a list of residents to the Clerk's office. RECESS The Mayor declared a recess at 9:40 p.m., and the meeting reconvened at 9:50 p.m. :`. PUBLIC HEARING The Deputy Clerk annnounced that this was the time and Amendment to place set for the public hearing to consider a proposed Title 13 of the ordinance amending Title 13 of the Municipal Code to Municipal Code allow beauty and barber shops in the CL zone; require a Conditional Use Permit for restaurants within 200 feet of residentially zoned property; require parking for the handicapped to be in conformance with California Administrative Code; provide that properties in the M1 zone be processed according to regulations for the MG zone. Environmental Determination: Exempt. The Affidavit of Publication is on file in the Clerk's office. No communications have been received. Sid Soffer, 900 Arbor Street, Costa Mesa, objected to the number of issues being addressed in the ordinance. There being no other speakers, the Mayor closed the public hearing. MOTION On motion by Councilwoman Schafer, seconded by Vice Ordinance 84-32 Mayor Johnson, Ordinance 84-32, being AN ORDINANCE OF Given First THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, Reading CONCERNING BARBER AND BEAUTY SHOPS IN THE COMMERCIAL LIMITED (CL) ZONE, LOCATION OF RESTAURANTS AND THEATRES WITHIN 200 FEET OF RESIDENTIAL ZONES, NUMBER OF PARK- ING STALLS REQUIRED FOR THE HANDICAPPED, AND STANaUDS FOR THE M1 ZONE, was given first reading and passed to second reading by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer PUBLIC HEARING NOES: COUNCIL MEMBERS: None _ Abandonment on ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Deputy Clerk announced that this was the time and Abandonment on place set for the public hearing to consider the aban- West 19th Street donnent of surplus City right-of-way located on the north side of West 19th Street, west of Harbor Boule- vard. The Affidavit of Publication is on file in the Clerk's office, and the property was posted as required by law. No communications have been received. The Engineering Division has indicated that the proposed abandonment area is not required for any future street improvements. There being no speakers, the Mayor closed the public hearing. MOTION On motion by Vice Mayor Johnson, seconded by Council - Resolution 84-96 woman Schafer, Resolution 84-96, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ORDERING THE VACATION OF SURPLUS CITY RIGHT-OF-WAY LOCATED ON THE NORTH SIDE OF WEST 19TH STREET, WEST OF HARBOR BOULEVARD, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None PUBLIC HEARING The Deputy Clerk announced that this was the time and _ Abandonment on place set for the public hearing to consider the aban- East 17th Street donment of surplus City right-of-way located on the north side of East 17th Street, adjacent to 124 and 130 East 17th Street. The Affidavit of Publication is on file in the Clerk's office, and the property was posted as required by law. No communications have been received. The Engineering Division has reported that there are no plans to widen 17th Street at this location. 1 Mayor Hall commented that this application was reviewed at the Study Session of July 9, 1984, and cammended Mr. Oberst on a fine project. MOTION A motion was made by Councilwoman Schafer, seconded by ZE-84-96 Vice Mayor Johnson, to adopt the Negative Declaration Approved of Environmental Impact, and to approve Zone Exception ZE-84-96 subject to conditions contained in the Staff Report. The motion carried 5-0. ZE-80-26A3 The Deputy Clerk presented Zone Exception ZE-80-26A3, Newport Newport Development Company, 900 Cagney Lane, Newport Development/ Beach, authorized agent for Toren Segerstron and C. J. Segerstran Segerstram and Sons, 3315 Fairview Road, Costa Mesa, for an amendment to a Final Development Plan for a Planned Industrial Development containing 1,175,755 square feet, to allow a two-story building containing 80,000 square feet, located at 1570 Sunflower Avenue in a PDI zone. Environmental Determination: Environmental Impact Report accepted on April 7, 1980, for Harbor Gateway. The Acting Development Services Director reported that the Planning Commission and Planning staff recommended approval of the amended plan subject to conditions. Applicant proposes to construct High -Tech Building No. 15 in place of the previously approved Office Building No. 5, which would have contained 40,000 square feet. The increase in building size does not change the total building area for Harbor Gateway because the applicant will adjust the size of other buildings planned for the southeast quadrant as necessary. The applicant was not present; however; he had agreed MOTION to all conditions at the Planning Commission meeting. ZE-80-26A3 A motion was made by Councilman McFarland, seconded by Approved Councilwoman Schafer, and carried 5-0, approving Zone Exception ZE-80-26A3 subject to conditions contained in the Staff Report. 1 There being no speakers, the Mayor closed the public hearing. MOTION On motion by Councilwoman Schafer, seconded by Council - Resolution 84-97 man McFarland, Resolution 84-97, being A RESOLUTION OF Adopted THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ORDERING THE VACATION OF SURPLUS CITY RIGHT-OF-WkY ON THE NORTH SIDE OF EAST 17TH STREET, ADJACENT TO 124 AND 130 EAST 17TH STREET, was adopted by the following roll call vote: AYES: COUNCIL MEMBERS: Hall, Johnson, Hertzog, McFarland, Schafer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None NEW BUSINESS ZE-84-96 The Deputy Clerk presented Zone Exception ZE-84-96, Royale/Sakioka Royale Associates, authorized agent for Sakioka Farms, Incorporated, 14850 East Sunflower Avenue, Santa Ana, for a Final Development Plan review for a commercial retail center containing 35,500 square feet, with a Conditional Use Permit for overlapping and/or off-site parking; located on the northeast corner of Anton Boulevard and Avenue of the Arts, in a PDR -UC zone. Environmental Determination: Negative Declaration. Michael Oberst, Royale Associates, 21515 Hawthorne Boulevard, Suite 500, Torrance, was present and agreed to all conditions. Mayor Hall commented that this application was reviewed at the Study Session of July 9, 1984, and cammended Mr. Oberst on a fine project. MOTION A motion was made by Councilwoman Schafer, seconded by ZE-84-96 Vice Mayor Johnson, to adopt the Negative Declaration Approved of Environmental Impact, and to approve Zone Exception ZE-84-96 subject to conditions contained in the Staff Report. The motion carried 5-0. ZE-80-26A3 The Deputy Clerk presented Zone Exception ZE-80-26A3, Newport Newport Development Company, 900 Cagney Lane, Newport Development/ Beach, authorized agent for Toren Segerstron and C. J. Segerstran Segerstram and Sons, 3315 Fairview Road, Costa Mesa, for an amendment to a Final Development Plan for a Planned Industrial Development containing 1,175,755 square feet, to allow a two-story building containing 80,000 square feet, located at 1570 Sunflower Avenue in a PDI zone. Environmental Determination: Environmental Impact Report accepted on April 7, 1980, for Harbor Gateway. The Acting Development Services Director reported that the Planning Commission and Planning staff recommended approval of the amended plan subject to conditions. Applicant proposes to construct High -Tech Building No. 15 in place of the previously approved Office Building No. 5, which would have contained 40,000 square feet. The increase in building size does not change the total building area for Harbor Gateway because the applicant will adjust the size of other buildings planned for the southeast quadrant as necessary. The applicant was not present; however; he had agreed MOTION to all conditions at the Planning Commission meeting. ZE-80-26A3 A motion was made by Councilman McFarland, seconded by Approved Councilwoman Schafer, and carried 5-0, approving Zone Exception ZE-80-26A3 subject to conditions contained in the Staff Report. 1 ZE-84-119/RA--84-13 The Deputy Clerk presented Zone Exception ZE-84-119, Pacific Federal/ Redevelopment Action RA -84-13, Mark Letter, Pacific Redevelopment Federal Savings and Loan Association, 1901 Newport Boulevard, Costa Mesa, authorized agent for the Costa Mesa Redevelopment Agency, for a Conditional Use Permit and Redevelopment Action for review of a Planned Development for a shopping center containing 172,300 square feet, with a Conditional Use Permit for modified parking due to off -set hours of operation; and land- scaping and parking variances, on an 11 -acre site bordered by 19th Street, Newport Boulevard, Harbor Boulevard, and Park Avenue, which is north of 1813 Newport Boulevard and 1818 Park Avenue in PDC and C2 zones. Environmental Determination: Environmental Impact Report accepted on February 6, 1984. The Plan- ning CaTmission, Redevelopment Agency, and Planning staff recommended approval subject to conditions as modified. MOTION On motion by Councilwoman Schafer, seconded by Vice ZE-84-119 Mayor Johnson, and carried 5-0, Zone Exception ZE-84-119 was approved subject to the amended conditions contained in the Staff Report. ORAL Sid Soffer, 900 Arbor Street, Costa Mesa, who had COMMUNICATIONS announced earlier in the meeting that the Flag had not been removed in front of City Hall even though it was already nightfall, again mentioned this oversight. Mr. Soffer also addressed the matter of design guidelines for the redevelopment area. John Feeney, 1154 Dorset Lane, Costa Mesa, agreed with Mr. Soffer that the Flag should have been taken down before nightfall. The Mayor ruled Sid Soffer out of order for disruptive behavior, and the Sergeant at Arms removed Mr. Soffer from the Council Chambers. COUNCILMANIC COMMENTS Councilman McFarland asked if anything had been initi- ated to change the parking limitation on the Newport Parking Limitations Frontage Road in the vicinity of the Golden Truffle and on Newport Frontage Bamboo Terrace restaurants. Mayor Hall responded that Road discussion was held concerning the possibility of chang- ing the one-hour parking to two hours. MOTION A motion was made by Councilman McFarland, seconded by Referred to Mayor Hall, to refer this item to the Traffic Camnission Traffic Commission for evaluation of parking limitations on the west side for Evaluation of Newport Frontage Road, from Harbor Boulevard to Superior Avenue. Councilwanan Hertzog expressed her opinion that the parking limitation should remain at one hour, at least until after the Golden Truffle valet parking plan has been evaluated. Mayor Hall pointed out that the motion is only a request for the Traffic Commission to investigate parking limitation options. The motion to refer -this item to the Traffic Commission carried 5-0. ADJOURNMENT Mayor Hall declared the me g adjo� t 0:15 .m. Mayor of the City o Co to Mesa ATTEST: - -City Clerk of the City of Cos Mesa