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Home My WebLink About04/13/1994 - City Council Special MeetingSPECIAL MEETING OF THE CITY COUNCIL CITY OF COSTA MESA APRIL 13, 1994 In conjunction with the regularly scheduled meeting of the Costa Mesa Redevelopment Agency, the City Council of the City of Costa Mesa, California, met in special session April 13, 1994, at 6:35 p.m., in the Council Chambers of City Hall, 77 Fair Drive, Costa Mesa. At the request of the Mayor, Council Member Buffa chaired the special meeting and called it to order. ROLL CALL Council Members Present: Mayor Sandra Genis Vice Mayor Jay Humphrey Council Member Mary Hornbuckle Council Member Peter Buffa Council Member Joe Erickson Council Members Absent: None Officials Present: City Manager Allan Roeder City Attorney Thomas Kathe Principal Planner R. Michael Robinson Agency Executive Secretary Marie Thompson PUBLIC HEARING The Executive Secretary announced the public hearing for Council PA -94-18 (RA -94-05) review of the Planning Commission's denial of Planning Action Partow PA -94-18 (RA -94-05), Sid Partow, Newport Boats, authorized agent for the City of Costa Mesa, for a Conditional Use Permit to allow display of boats, yachts, and watercraft, and Redevelopment Agency review, with a Variance from street- setback requirements (20 feet required, 0 to 2 feet proposed), located at 1898 Newport Boulevard in a C2 zone. Environmental Determination: -Exempt. The Affidavit of Mailing is on file in, the City -Clerk's office. No communications were received. Council Member Buffa reported that this item was called up for review because of some confusion at the Planning Commission meeting; and since then, staff found a means to create a lease agreement without requiring a variance. The City Attorney questioned the need for a variance for this project since only boats would encroach into the landscaped setback. He noted that there was a similar situation whereby a Cadillac dealership had vehicles encroaching into the setback area. The Principal Planner reported that the commercial development standards require landscaping of all setbacks adjacent to public rights-of-way. Council Member Buffa stated that staff and the applicant could work out the setback .requirements as part of the lease. The Principal Planner commented that this was the Planning staffs understanding in recommending approval of the variance and Conditional Use Permit because of the temporary nature of the request. Discussion ensued regarding conditions which apply to short-term leases. The City Attorney reported that the temporary use lease is generally deferred to the Zoning Administrator to make an interpretation on a case-by-case basis. He pointed out that Section 4.3 of the Costa Mesa Redevelopment Plan deals with specific uses, and Exhibit A of the Redevelopment Agency resolution lists four findings which must be met to allow outdoor use. Sid Partow, Newport Boats, stated that the site will not have the appearance of a boat yard because an architectural landscaper has been retained to enhance the property so it will blend in with Triangle Square. Rich Shapiro, 2515 Holly Lane, Newport Beach, Triangle Square General Manager and Partner, supported development of the site on an interim basis, and encouraged Council to approve the application. He reported that trash and weeds have accumulated on the site. Paul Barba, 17291,!'Irvine Boulevard, Suite 315, Tustin, Attorney for Rosemary Siler/Siler Family Trust, owner of the Mesa Theater property and 50 percent owner of the parking lot to the rear of the theater, stated that Siler Trust would have no objection to this request if the lease were for a short term (two years). He felt the Newport Boats project would compliment the frontage on Newport Avenue and, hopefully, the entire block. Council Member Buffa clarified that the term of the lease will be reviewed from time to time; however, the initial agreement is being written for two years. Mr. Barba responded that if the lease were for longer than two years, he would oppose it. Mark Korando, 582 Park Avenue, Costa Mesa, stated that he was speaking as a private citizen, not in an official capacity, and reported that the applicant had stated that the boats may not remain in the area shown on the site plan. Mr. Korando's concern was the appearance of the site as a gateway to the City, and commented that the appearance of a boat storage yard surrounded by a wrought iron fence was not the best use of the property. Since the City owns the subject property, he urged Council to spend a small amount of money to clean up the site, using Community Development Block Grant (CDBG) and tax increment funds. Council Member Buffa responded that the site would not have the appearance of a boat yard, and felt the use was appropriate for the area. Mr. Korando again urged Council to take the responsibility of making this area a true gateway to the City. Mayor Genis referred to an item on the Agency Agenda concerning the availability of money (Status of Downtown Project Fund) and suggested Mr. Korando review it. The Mayor asked Mr. Partow to._,provide justification for granting the variance. Council Member. Buffa explained that initially, staff stated that the variance procedure must be completed, even though the lease is temporary and no structural development is involved. The City Attorney replied that the Planning staff is charged with making a determination in the first instance, and the City Attorney's office had not been asked for an opinion. Council Member Buffa stated that because of the small size of the site, even with nominal setbacks, it could not be developed. Mr. Shapiro of Triangle Square felt that this site warranted the granting of a variance. Yg -a There being no other speakers, Council Member Buffa closed the public hearing. Vice Mayor Humphrey concurred with Mr. Korando's concerns, and preferred a short-term use for the site which would save the City money and make it a positive impact on the community. Council Member Buffa emphasized that the major problem was the small size of the lot. He believed that the project would offer a very attractive gateway to the City; ,however, if the display of boats needed to be adjusted, he felt sure the applicant would cooperate. Council Member Buffa confirmed that the ten -foot setback winds around all that property along the public right-of-way. Mr. Korando suggested that if there were a problem with the availability of funds, in -lieu park fees could be used, and then reimbursed when the property is sold. Renee Ascencio, Vice President of Newport Boats, stated that the site is important to Newport Boats because it is the gateway to the City. She explained that an architect/flower designer has been hired to provide a very colorful and beautiful display, and a Victorian - style, wrought iron fence will be installed. MOTION Council Member Erickson was not pleased with granting a variance Resolution 94-25 for the life of the property. He commented that there are serious Adopted, Approving financial problems; however, in -lieu park fees were not intended for PA -94-18 short-term improvements. A motion was made by Council. Member Erickson, seconded : by Council Member Hornbuckle, adopting Resolution No. 94-25, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING ACTION PA -94-18, based on that application which shows a ten -foot landscaped setback along East 19th Street and Newport Boulevard, based on staffs recommendations, and subject to Conditions contained in the Agenda Report. The applicant confirmed that he understood and accepted the Conditions of Approval. Mayor Genis asked if there were. a way to sunset the variance. Council Member Buffa agreed with the City Attorney's opinion, -that is, do not grant the variance but include the setback in the lease. Discussion ensued concerning the size (17 to 32 feet) of the boats and their placement on the site. The Principal Planner was authorized to reword- Condition of Approval No. 13 to indicate that no part of a boat may encroach more than 50 percent into the required 10 -foot setback. The motion carried 5-0. NEW BUSINESS On motion by Council Member Hornbuckle, seconded by Vice Lease with Newport Mayor Humphrey, and carried 5-0, the City Manager was authorized Boats to enter into a one-year lease and a second year month-to-month tenancy agreement with Newport Boats. Council Member Buffa MOTION/Approved requested that the lease reflect that Council may terminate the lease Lease and Tenancy early and if, during the month-to-month period, there is a prorated Agreement arrangement on the investment the tenant has made at that point, Council may review it at the end of the two years to determine whether or not the tenancy agreement shall continue. 1 F� 1.1 1 ADJOURNMENT At 8:20 p.m., Council Member Buffa adjourned the special meeting of the City Council and reconvened the regular meeting of the Redevelopment Agency. 2-a� Mayor of the City of Costa Mesa ATTEST: /. Deputy Cit Clerk of the City of Costa Mesa