Fireworks At The Planning Commission Meeting

WELL, THAT WAS INTERESTING!
In what most expected to be a pretty mild, routine Planning Commission meeting Monday night turned out to be anything BUT!

LEAP-FROGGING THROUGH THE AGENDA
The agenda was fairly routine - a time extension on an long delayed project with a deed complication was about the only controversial thing we might have anticipated.  So, let's take THOSE items first - kind of a flip-flop of the order of march - to get them out of the way.

CONSENT CALENDAR HAD NO DISCUSSION
The Consent Calendar, with only the minutes and a General Plan Conformity Resolution for the possible relocation of the Costa Mesa Sanitary District Headquarters from 19th Street to a new location near the airport, passed on a 4-0 vote without comment.  Commissioner Stephan Andranian was absent Monday night.

AFTER DISCUSSION, RED MOUNTAIN GETS A 2 YEAR EXTENSION
Public Hearing #1 was the request by developer Red Mountain for a two-year extension of their Planning Application for a much-delayed project at Harbor and Hamilton.  This issue got some unnecessary discussion on the processing of the original planning application - a complication with the actual transfer of a sliver of city property to the developer and the timing thereof.  It seems Mayor Steve Mensinger finally signed the transfer in November, 2015 - a couple years after this process began.  Several speakers addressed this project, presenting evidence of the deed complication and expressing concern for the Community Garden, which is contiguous to the potential development and it's appropriateness, but in the end the short-handed commission approved the 2-year extension on a 4-0 vote.

NO PROBLEM WITH 18TH STREET PROJECT
Public Hearing #2, the Planning Application and related matters for the two-unit development at 146 E. 18th Street breezed through the process - there were no public commenters.  The developer praised the staff, but did indicate he went through three planners. (This is a problem, since we have turnover throughout city government, including in Planning).

8 UNITS, UNDERGROUNDING WAIVED
Public Hearing #3, the 8-unit development on East 21st Street also moved through the process quickly.  The only complication was the existing utility pole, which will be directly in front of the driveway.  Normally, the staff would require the developer to underground the pole.  However, since that would require spending more than $500,000 and replace one pole with 3 - maybe 4 - the commission waived the requirement.  Commissioner Colin McCarthy was nearly orgasmic again as he praised the developer, Matt White, for this project - one of many he has done in the city.  These homes are targeted in the high $900,000 range.  At the end, before the vote was taken, McCarthy, pointed at White and said, "Look at that evil developer", with that big Cheshire Cat grin he sometimes gets on his face.  He, of course, was mocking critics of development in the city.  More on that at the end of this post.  The project was approved, without the undergrounding, on a 4-0 vote.

MCCARTHY BAILS, #4 PASSES, 3-0
After a short break, during which McCarthy apparently decided he'd had enough for the evening and bailed out, they moved to the last item on the agenda - Public Hearing #4, the 4-unit development on 22nd Street.  This one also was handled with dispatch.  The only questionable portion of this one was the setback along 22nd Street - necessitated by right-of-way requirements for possible future widening of the street and the creation of a bike path - combined they sucked up 11 feet of space.  These homes are also targeted at the high $900,000 range.  It passed, 3-0 and the meeting wrapped up at 8:35.

*****

NOW, BACK TO THE BEGINNING
I skipped over the really interesting part of the meeting, so let us now backtrack to discuss what was, in my view, the most disgusting display of partisan rudeness by this commission since I've been watching it.

PUBLIC COMMENTS
During Public Comments  Tim Lewis observed that the commission and City Council have been getting shoddy work from the staff - he later spoke about that specifically on the hearing on Item #1.

EASTER CANDY DRIVE
 Beth Refakes told us again about the Easter candy/egg drive for the children of the 1/5 Marines at Camp Pendleton.

"THE BIG SHORT" AND CORRUPTION
An unidentified speaker pushed back at Commissioner Tim Sesler for his chiding of her at the last meeting when she suggested folks go see "The Big Short", telling Sesler and the rest of us that it was an important movie - one of only three in history that had been viewed by Congress.

WHAT ABOUT THE INJUNCTION?
The final speaker, who also failed to identify herself, wondered about the status of the injunction on enforcing our ordinances on Sober Living Homes.  She never got an answer. 

MYTH-BUSTERS
In between speakers Teresa Drain, Mary Spadoni and Anna Vrska spoke about the so-called Smart Growth Initiative, referencing the website, commenting about the fact that the signatures have been certified and that they were at the meeting to help dispel some myths about the initiative that have been widely publicized.  They referred folks to the Costa Mesa First website, HERE, for more information. They presented their information in a clear, respectful manner and all went smoothly until Vrska, unfortunately, criticized the Sergeant-at-arms for enforcing the "no clapping" rules, opining that it was their right to clap - and called the officer a "Nazi".  That was uncalled-for and basically wrong.  Yes, it's her free-speech right.  No, the Chairman decides what is disturbing the meeting and can - but he didn't - demand no clapping.  From there we went straight down hill.

FIRST IT WAS MC CARTHY
When they segued into the Commissioner Comments segment  Colin McCarthy immediately jumped in with a scathing criticism of Vrska for her reference to the officer as a "Nazi".  He then proceeded to go into a long monologue, which I will transcribe for you verbatim below so there's no doubt about what he said.   When Chairman Rob Dickson turned the floor over to him he began:
"Nothing from me tonight except the absurdity of the no-growth hater crowd never ceases to amaze me and I guess it never will."

"HATERS" - REALLY?
Let me insert my thought right here... Right there you have demonstrated for you the mind set of those in charge in this city who consider people with opposing viewpoints as "haters" - a term that's thrown around on the Costa Mesa Public Square Facebook page, which has become their bully pulpit - with great frequency.  McCarthy - a long-time planning commissioner and former chairman of the group - showed his true colors with that statement.  Clearly, he has no respect for residents who dare to speak out with an opposing viewpoint.  It's precisely that kind of arrogant attitude that kept him from being a serious City Council candidate when he ran a few years ago.

ANALYSIS?
He went on to say: "The City Council will be receiving soon at some point, and I believe we'll get a copy of it and I hope the public will, an analysis whatever initiative you want to call it - no-growth, Smart Growth matter and that will have some factual analysis and I understand it on dispelling some of the myths on what it does and what it doesn't."

HOW DOES HE KNOW?
Let us pause here again for a minute.  He mentions an "analysis" that will be performed, yet this issue has NOT YET been heard by the City Council.  The process is for it, the initiative, to be presented to the City Council at a meeting soon - sometime in March, for sure - at which time the council will accept the certified signatures.  It then can decide to NOT require an election and simply vote to adopt the initiative.  We ALL know that's not going to happen, so they will authorize it to be placed on the November ballot.  They also may order "reports" from any number of departments on any number of issues regarding the possible impact of the initiative on the city and it's many operations.  However, THAT has not yet been decided - at least, not in public.  It sure sounded like McCarthy KNEW that those reports would be ordered by the council, didn't it?  It makes one wonder just what kind of backroom conversations - illegal conversations - have been taking place among commissioners and council members that produced the assumption that those reports would be ordered, doesn't it?

MORE MISINFORMATION - FROM THE DAIS
McCarthy continued: "My biggest concern with the initiative has always been and continues to be that it puts the brakes on our General Plan - and it does.  It's gonna force our General Plan to get frozen in time until it gets voted on.  It's going to be subject to the initiative.  I love the citizen's voice and power and all that and measures, but the idea of us putting through the General Plan, which has bone through a significant heavy lifting process, public hearings and staff and it's going to be discussed here in March and, ultimately going before the City Council.  The idea that we could implement a General Plan and that it would not go into effect until an election two years later is just silly."

Well, he's got that all wrong, which is no surprise to me.

BROKE HIS HEART
He continued: "I ran into one of our old developers not that long ago at a family function and I asked him why I haven't seen him around in Costa Mesa and he said 'We're doing projects in Santa Ana.  We don't have any interest in being in Costa Mesa anymore.' And that just kinda broke my heart."

ADMITS HE DOESN'T KNOW SQUAT
And finally: "So, looking forward to seeing some good fact-based discussions.  I agree with what a couple speakers said about dispelling myths about the initiative and I look forward to learning more about it, but everything that I'm reading is really troubling, not just as a commissioner, but as a resident."

WHERE'S HE BEEN READING?
So, he admits he really doesn't know enough about the initiative, yet he pillories the folks who attempt to educate the public - the speakers last night - and refers to them as "haters".  And, I wonder just where he's "reading" whatever he's reading?  Is this like former commissioner Jim Fitzpatrick's frequent comment, "The voices I'm hearing."?

LITTLE TIM TOUTS THE CMPS
Next up was Commissioner Tim Sesler, with comments that evoked an outcry from members of the audience, who were so upset with him that a few stormed out of the auditorium.  He began:
Thank you, Mr. Chair.  Just a few comments.  I know that the Costa Mesa First supporters came out and were directing people to their own web site and that's fine.  I encoursage everyone to do so.  I also encourage citizens that are really interested in perhaps a more objective approach to visit Costa Mesa Public Square.  It's a web site which people on both sides can visit.  It's a web site for people to gather information and people can have discussions there and have discussions there on a civil manner.  They don't call individuals who they disagree with "nazis" because they're police.  I think some of the resident's comments tonight kind of illustrate that the supporters for Costa Mesa First really aren't interested in a full public debate.  So, I think that's really a worthwhile place to visit and have a good discussion.  And I wish our sergeant of arms luck as he checks our outgoing film critic.  Otherwise, I have no comment, Mr. Chair."

SHOUTS AND DEPARTURES

As you might imagine, it was that "Costa Mesa Public Square" comment that got some in the audience so upset.  First, it's NOT open to the public, so for him to refer folks to it with the expectation of being able to even SEE what's going on there, much less participate, is a lie.  If, perchance, a person were to find his way onto that Facebook page what he will find is group-think, where only one side of the issue is discussed, and in terms like McCarthy's "hater" comment.  Sadly, ALL of the planning commissioners are denizens of that site - I see screen grabs of many of their comment threads every week - so I KNOW what they're saying - about the initiative and other issues.

MATHEWS
Next Dickson handed the baton to Vice Chair Jeff Mathews - he of few words.  This time he had a little something to say.  He began:
"Thank you, Mr. Chairman.  Usually none, but just briefly.  So, what does that say about some of the people are leading that initiative?  What we just heard, how they just acted - Really?!  I'm really, I find that disappointing, troubling and amusing all at the same time.  I would think that other right-minded, logical citizens might take a look at that and incorporate that into their judgment of what's going on.  It's ridiculous.  But that's just my opinion - I could be wrong."

YEP, YOU ARE WRONG, JEFF

So, Jeff, "right-minded, logical citizens", huh?  Why, how superior of you!  Make yourself a note:  "When tempted to open my mouth - DON'T!"  And, yes, Jeff - not only could you be wrong, but you ARE wrong.

DICKSON
Finally it was Dickson's turn to comment.  He said:
"Thank you very much.  I hope that everybody reads carefully the city documents that come out when the analysis comes forth they get their own facts."

AND HOW DOES HE KNOW, TOO?
So, yet another pre-judgment of "city documents" being produced soon - just as McCarthy mentioned above.  Again, what kind of insider, inappropriate, illegal conversations have they had with council members who have NOT yet heard this issue in open session - or closed session, either, for that matter.  It comes as no surprise that there has likely been major Brown Act violations by members of the City Council in which they discussed this issue among themselves, either as a majority or in a serial conversation, and have decided that there WILL be reports prepared.  They're just not letting the rules get in the way of their opinions and decisions - as usual.

UNACCEPTABLE BEHAVIOR
So, the meeting began on a very sour note, with the use of the words "nazi" and "hater" - and those were the high points.  In my view, it is absolutely unacceptable for sitting commissioners to chide and vilify concerned residents who present opposing views to them.  My friend, Bruce Garlich, must be spinning in his grave about now.  This behavior is unprofessional, at best.  The residents of this city deserve better.   November provides an opportunity for that to happen.

Planning Commission Agenda For 2/22/16

ANOTHER BUSY AGENDA
The Costa Mesa Planning Commission, guided by Chairman Rob Dickson, meets again on Monday, February 22, 2016 beginning at 6:00 p.m. in City Council Chambers at City Hall to discuss another handful of developments.  You can read the full agenda HERE.  Items 2, 3 and 4 involve replacing seven (7) existing units and replacing them with fourteen (14), doubling the density.

SANITARY DISTRICT MOVING
I noted with great interest as I scrolled down through the agenda that Consent Calendar Item #2, HERE, is on the agenda.  This is a General Plan Conformity Resolution for the proposed relocation of the Costa Mesa Sanitary District to move their headquarters from their very inadequate location on 19th Street to a new location at 290 Paularino Avenue, near John Wayne Airport.  Normally, Consent Calendar items are voted upon with one vote, so this one might not get any discussion.  The staff report is interesting and anyone who has visited their current location knows it's much too small with woefully inadequate parking.  This, of course, means that their location on 19th Street is probably going to be sold.

TIME EXTENSION FOR HARBOR AND HAMILTON
Public Hearing #1, HERE, is a request for a two-year time extension on the development agreement for a project at Harbor and Hamilton, apparently delayed due to difficulties with the remediation of soil and air contamination.  Further complicating things is the revelation by nearby businessman Tim Lewis recently that the title on a portion of this property at the time of the original hearing has been brought into question.  Correspondence from Lewis is included in the staff report.

2 NEW HOMES AT THE CORNER OF 18TH STREET AND FULLERTON AVENUE
Public Hearing #2, HERE, is a planning application for a two-unit residential development at 146 E. 18th Street that falls under the Small Lot Ordinance.  These two homes replace a single-story home with detached garage and meets all requirements except for a minor setback modification.  Both proposed homes will actually front on Fullerton Avenue when completed.

8 UNITS ON 21ST STREET
Public Hearing #3, HERE, is another new development - an 8-unit, two-story small lot subdivision at 133 and 139 E. 21st Street.  It will involve demolishing the existing 5 rental units and replace them with the proposed 8-unit development, again based on the Small Lot Ordinance.  It should be interesting to hear this conversation.  I found myself wondering how a fire truck will navigate in the driveway, for example.  Maybe someone will ask.

4 UNITS ON 22ND STREET
The last item on the agenda, Public Hearing #4, HERE, is for yet another development.  This time it's a 4-unit detached development at 165-171 22nd Street, which also falls under the Small Lot Ordinance.  There's some confusion as to the actual address.  The cover sheet says 167, but the staff report and maps says 165.  This project is asking for a significant variation on front setback - 9 feet instead of the 20 feet required.  There currently are two dwellings on the two lots, which would be replaced with the 4 units proposed.

Planning Commission Rejects A Church, And More...

AN EVENTFUL EVENING, FOR SURE
It was an interesting evening with the Costa Mesa Planning Commission last night.  Much of the evening went about as anticipated, but there were a couple things that snapped my eyelids open.  Let us begin...

EGGSTRAVAGANZA
Public Comments included Beth Refakes reminding us of the Eggstravaganza - the candy and gifts drive for the children of our adopted Marine battalion out of Camp Pendleton. 

A "RED MOUNTAIN" REMINDER
Businessman Tim Lewis, who apparently came directly from work judging from the grease on his hands, reminded the commission of the ownership issue on the Red Mountain project at Harbor and Hamilton.

WANTS A CODE ENFORCEMENT REPORT
During Commissioner Comments Stephan Andranian again asked for a Code Enforcement update - at the next meeting on the 22nd.

FAIRVIEW DEVELOPMENTAL CENTER
Colin McCarthy mentioned the meeting last Saturday at the Fairview Developmental Center concerning the apparent plans by the State to sell the site, which has dwindled down to just over 200 residents from something over 2700.  The meeting ran from 10:00 a.m. until 5:00 p.m.  McCarthy told us he arrived just after two and the Daily Pilot article about the meeting was already online.  He made a point of demanding to know if the Smart Growth Initiative will have an impact on the development of that site.

YOUTUBE VIDEO
Chairman Rob Dickson mentioned the Costa Mesa Brief YouTube video of the meeting.

The commission voted, 5-0, to pass the Consent Calendar - the minutes from the previous meeting.

PUBLIC HEARING #3 CONTINUED
As they then began to consider the Public Hearings for the evening, right off the bat Dickson announced that Public Hearing #3, the proposal for 43 units at the site of a car dealership on Harbor Blvd. at Merrimac was being continued to the next meeting at the request of the applicant, and that he would NOT be entertaining any public comments on the issue.  The commission then voted, 5-0, to continue the item.

EDUCATIONAL CENTER
First up was Public Hearing #1, the request for minor conditional use permit for a church at 3184-J Airway Avenue.  The request had been approved by the Zoning Administrator in December and called up for review by the Planning Commission by Commissioner Stephan Andranian that month, also.  The applicant was "The Ismaili Community", which apparently is a religious organization funded by the Aga Khan Development Network and has 9 hospitals, 200 clinics and 200 schools worldwide.  They have 80 facilities in the US.  They have been domiciled nearby in Irvine for many years, but say they've outgrown the site.  An odd statement, since the proposed site is just under 2,000 square feet and the site they currently occupy is 3,200 square feet.

TOO COMPLICATED - REJECTED
The complication of this application was the proximity of another church, the Berean Community Church, already located nearby, and the complication of congregations competing for parking.  Of the seven (7) members of the public who spoke about this issue, only one - the property owner and seller - spoke in favor of this move.  The rest were either representing the other church, nearby businesses who would apparently suffer from the influx of more people to the center, or concerned residents.  Following an hour of discussion the commission voted to reject the Zoning Administrators approval on a 3-2 vote.  Chairman Dickson and Vice Chair Jeff Mathews voted NO.

DON'T BLINK ON THIS ONE
Public Hearing #2, the proposed restaurant use at the shopping center at the corner of Harbor and Adams at the site of the old theater, then Paul Mitchell School, was promptly approved unanimously following 10 minutes of discussion.  Parking - an issue with the Paul Mitchell School - is apparently a non-issue now, according to applicant John Hill.

NICE LITTLE PROJECT, BUT...
Public Hearing #4, the proposed two-unit development at 1808 Pomona Avenue, should have been a slam dunk, but it had some interesting moments.  This project requested no deviations from code.  Everything was rocking along nicely - Commissioner Tim Sesler asked the owner what price point they would be at and was told $680,000 - $720,000 for the 4-bedroom model and more than $720,000 for the 5-bedroom model.  Colin McCarthy began to wax poetic again about the Small Lot Ordinance.  Then came public comments...

DESIGNED FOR SOBER LIVING HOME USE?
The first speaker, a person active within the community and particularly so in dealing with the sober living home issue, stepped up and told the commission that this neighborhood was packed with sober living homes - she described the locations in detail - then pointed out that the configuration of these two homes was as though they were designed specifically for such a facility!  The 5-bedroom unit, for example, has a bedroom with bathroom on the first floor and 4 more bedrooms and three more bathrooms on the second floor.

THEORY REINFORCED
A second speaker stepped up and told the commission that Costa Mesa has 215 unlicensed sober loving homes and 90 licensed facilities and this project was designed for such use.  A third speaker was concerned about the parking requirements for the development.

WITH A SHRUG, PASSED UNANIMOUSLY
During the subsequent discussion commissioners tap-danced around the sober living issue, stating that they couldn't make a decision based on speculation of how the properties might be used.  It's interesting to note that, based on what we're led to believe is the going rate for "clients" in sober living homes in the city, it would take just over a year to pay off one of those homes with that use.  The commission passed the project on a 5-0 vote.

2-UNITS ON MYRAN DRIVE APPROVED
Public Hearing #5, the two-unit development at 2156 Myran Drive, also passed on a 5-0 vote.  The only question on this one was the size of a landscaped area abutting Myran Drive, which was quickly resolved.

A REMINDER
The meeting ended at 8:30 with Deputy City Attorney Yolanda Summerhill reminding the commissioners that their Statements of Economic Interest were due to be submitted in March.

Planning Commission Has A Short, Productive Meeting

LESS THAN AN HOUR!
As predicted earlier, the Costa Mesa Planning Commission met Monday night for one of their shortest meetings on record, but still managed to accomplish a lot.  The meeting lasted twelve minutes short of an hour, but that doesn't mean there were not some memorable moments.

EVIDENCE OF FALSE STATEMENTS
Right off the bat local businessman Tim Lewis stepped to the speaker's podium during Public Comments and told the commission that he has evidence that the applicant in the first Public Hearing for the evening did not have the legal right to move forward with this project because his group didn't hold title to a segment of the property in question.  He posed the question, "Did Red Mountain have clear title to the property?".  He then gave reasons for denial of this application whichever way they answered - citing false statements made to the City Planning Department originally.

BETH ON THE TOY DRIVE RESULTS
He was preceded at the speaker's podium by Beth Refakes, who presented a slide show of the recent Christmas toy celebration at Camp Pendleton for the children of our adopted unit, the 1/5 Marines, which are currently deployed.

HARBOR AND HAMILTON
When Public Hearing #1, the above-mentioned Red Mountain project at Harbor and Hamilton, was announced Senior Planner Mel Lee told the council that the staff was recommending continuation of this item.  The commission was ready to proceed, but there were speakers to deal with.

FAILURE TO MITIGATE GROUND WATER PROBLEMS
Once again, Tim Lewis stepped up and announced he had a letter from Rose Scott, whom he identified as a geologist from the Santa Ana Regional Water Quality Board that, in response to a request by Red Mountain for a letter in support of their mitigation efforts, said they could not support the current efforts, and that Red Mountain was now out of compliance.  Apparently this letter has been provided to the city as part of the public record.  Have we mentioned that Lewis owns property contiguous to this project?

MAYOR MICROMANAGING PROJECTS
A "Mr. Cline", a representative of Red Mountain, also spoke, and told the commission that the City has a copy of the letter Lewis mentioned.  He then said something I thought was very interesting.  He said..."demolition of the building has occurred out there at the persistent request of the Mayor of Costa Mesa - it's down to the slab."  So, if we believe this gentleman, our mayor is now micromanaging pending projects in the city!  Why is this no surprise to me?  At the end, the commission voted unanimously to continue this project until their meeting of February 22, 2016.

FIRE STATION #1
Public Hearing #2, the proposed reconstruction of Fire Station #1, went smoothly.  Fire Chief Dan Stefano enhanced Senior Planner Mel Lee's brief report and affirmed his agreement with the staff committee and the public who attended the November meeting at the Fire Station that Option #2 was the preferred choice.  Both choices have exactly the same floor plan and facilities - the difference is purely cosmetic.  The decision to replace this aged facility was described by one speaker as a "no-brainer".  Indeed - I attended the November community outreach meeting.  We NEED a new facility.  Stefano described it as a "50-year station" - one that will accommodate any anticipated growth or expansion necessary.  The commission voted, 5-0, to approve it and move it forward to the City Council - with Option #2 as their choice, too.

2242 PACIFIC AVENUE
Public Hearing #3, the proposed Small Lot Development at the corner of Pacific Avenue and Wilson Street on the far Westside of town.  Commissioner Colin McCarthy was almost orgasmic as he described this project.  It meets ALL elements of the Small Lot Ordinance and even provides 50% open space!  Chairman Rob Dickson shared McCarthy's glee, observing that this project "Hits on all cylinders".  The commission voted to move it forward on a 5-0 vote.

And that was it.  The recently-defoliated Chair Dickson closed the meeting at 6:48 - a very nice change.