A Few Surprises At Planning Commission

LAST MEETING OF THE YEAR
During their last meeting of this year the Costa Mesa Planning Commission threw a couple curve balls, just to keep us all on our toes.

SMART GROWTH INITIATIVE PETITIONS
One anonymous person spoke during Public Comments to remind the commissioners and the audience that proponents of the Smart Growth Initiative will be collecting signatures to place it on the November, 2016 ballot for the next three weeks.  She reminded us to go to www.costamesa1st.com for more information.  She told us that tables will be set up on the following days at each of the following venues, all from 9:45 a.m. - 3:00 pm.

Dec. 19 & 20 - Wilson Elementary School, 801 Wilson (@ Placentia)
                          & at Harper School, 425 R. 18th St. (@Tustin)
Dec. 26 & 27 - Estancia Park, 1900 Adams (@Mesa Verde Drive West)
                         & at Harper School
Jan. 2 & 3 -      Lindberg Development Center, 220 23rd St (@Orange)
                         & at Harper School

LOT SPLIT AT 410 WALNUT PLACE
Public Hearing #1 - the request for a Tentative Tract Map to carve up a nice piece of property in my neighborhood at 410 Walnut Place into five (5) individual lots for future sale and development - unexpectedly got very interesting.

SEEMED STRAIGHTFORWARD...
Following the brief staff report by planner Chelsea Crager in which she explained that all five lots met all current city standards - three (3) measured 6,000 square feet and the remaining two were 7,200 and that no code deviations were being requested and a presentation by the property owners representative, Civil Engineer Rob Hamers - who explained that he didn't think it was fair for the property owner to be required to do a soils study and a drainage plan - several nearby neighbors stepped to the speaker's podium to express their concern.

...BUT NOT TO UNHAPPY NEIGHBORS
Of the fourteen (14) speakers who addressed this issue, eleven were nearby neighbors and they all opposed five lots being created for a variety of reasons.  However, one common thread was that it would ruin the character of the neighborhood.  One family member spoke on the reason for the requested subdivision - to provide funds for the maintenance of critically ill family members.

DIFFERENCES OF OPINION
In his response to those concerns Hamers rather cavalierly dismissed most of them as "irrelevant" - and made few friends with that observation.  Some of the speakers implied the five lot proposal was just about money, ignoring expressly stated views of the now-deceased property owner, who said it would be split into four lots.  Family members disputed that presumption.

DENIED WITHOUT PREJUDICE
In the end, after ninety minutes of discussions, it all boiled down to, as Commissioner Colin McCarthy put it, a question of compatibility.  The proposed five lot split would not be compatible with the neighborhood.  A majority of the commissioners agreed with the neighbors, so when the motion was made it was to deny the tract map as presented without prejudice, which means the owners can massage the plan and re-submit it without waiting for six months and paying new fees.  The commission passed it on a 4-1 vote, with Tim Sesler voting NO.  And, of course, they can appeal the denial to the City Council in a week.

CONTROVERSIAL CABRILLO CONDOS
Public Hearing #2, the proposal to develop two condo units at 217 Cabrillo, with one of them "fronting" on the alley that separates that lot from commercial development on 17th Street near Orange Avenue, also generated some significant discussion.  Several of the commissioners struggled with this one because of the alley orientation of the rear unit.  McCarthy bemoaned the lack of guidance available within the codes regarding alleys.  In the end, following 70 minutes of discussion, the commission voted, 3-2, to approve the project.  McCarthy and Stephan Andranian voted NO.  McCarthy asked Assistant Director of Development Services Claire Flynn for a memo regarding alleys - how they are viewed differently than streets, etc.

STATE FORCES THE MARIJUANA CULTIVATION ISSUE
Following a short break Public Hearing #3, which is a state-forced ordinance dealing with the prohibition of cultivation of marijuana, was discussed.  During the discussion Vice Chair Jeff Mathews asked perhaps the most cogent pair of questions.  First, is this a "now or never" situation?  If the City doesn't pass this ordinance before the state-imposed deadline of March 1, 2016 will it be abdicating all control of this issue to the state?  The answer from staff was "Yes".  Second, if this ordinance is passed may the City later modify and soften it later?  The answer was also "Yes".  The commission passed the item, 5-0.  There is brand new - two-week old - case law on this issue. And, the second chart shows the timeline to meet the state deadline.

THE HALAL GUYS OPERATING HOURS
Next up was Public Hearing #4, the request by the wildly successful new restaurant, The Halal Guys, to extend their operating hours, to midnight Sunday - Wednesday and until 1:00 a.m. Thursday -Saturday.  This item had been heard before, but was continued to this meeting so the operators could come back with a modified plan.  McCarthy had a conflict so recused himself.  After 45 minutes of discussion the commissioners voted, 3-1, with Andranian voting NO, to approve the request, but with the proviso that the issue be evaluated for three months to determine the effectiveness of the new operating hours and be reviewed at the end of that time for the possibility of revoking the minor conditional use permit.  The operator reportedly had already made many changes to satisfy nearby neighbors regarding trash and noise.  Parking is an issue, but the property owner is experimenting with complimentary (free) valet parking to resolve the issue.

FREE VALET PARKING
Which brings us to the final item on the agenda, Public Hearing #5, the request for valet parking at that center.  Manager Jason Ball outlined his plans to use free valet service - it will cost him $3,000 per month - to help mitigate the ongoing parking issues for the entire center.  Following a short discussion the remaining commissioners passed it, 4-0.  The meeting ended at 10:20 p.m. and will reconvene next on January 11, 2016.

Development, Marijuana Prohibition and The Halal Guys

COULD BE A LONG ONE
The Costa Mesa Planning Commission meets for the only time this month on Monday, December 14, 2015 beginning at 6:00 p.m. in City Council Chambers at City Hall.  You can read the agenda for that meeting HERE.  It looks like this meeting could run long due to the nature of a couple of the items on the agenda.  We'll see.

420 WALNUT PLACE
Public Hearing #1, HERE, is of particular interest to me since it involves a large lot in my Eastside neighborhood.  On our frequent walks over the decades we've lived here we've watched this lot, identified in this agenda item as 410 Walnut Place, and have fantasized about what the future of that large chunk of land might be.  A few years ago two lots fronting Tustin Avenue were carved out and developed.  Since that time we've been waiting for the other shoe to drop.  Monday it drops.  This item is for a Tentative Tract Map to prepare the site for development into five (5) individual home sites.  While no development is currently in the works, this is the first step.  As part of this process the existing structures on this huge lot will be demolished.  There are NO variations or deviations asked for since each lot meets or exceeds development standards for R-1 lots.  While a few of the nearby neighbors may attend to comment/protest the increase in traffic/congestion the development will mean to this neighborhood, it really has been inevitable.  This is a slam-dunk.

ANOTHER SMALL LOT DEVELOPMENT
Public Hearing #2, HERE,  is another small lot development at 217 Cabrillo Street.  It requests no variances or administrative adjustment.  One peculiarity is the use of the alley as the "front" of one of the units.  This is discussed in the staff report.  It's unlikely the commission will not pass this one.

PROHIBITING CULTIVATION OF MARIJUANA
Public Hearing #3 , HERE, should be VERY interesting!  This item is in response to the passage of three recent bills, signed into law by Governor Brown, AB 243, AB 266 and SB 643, which, combined, are known as the Medical Marijuana Regulation and Safety Act, are discussed in detail as part of the staff report.  This item will create a new ordinance to specifically prohibit the cultivation of Marijuana in the City.  It will amend the Municipal code as follows:

• Chapter 1, adding new definitions related to marijuana and/or medical marijuana cultivation and related enforcement.
• Chapter IV, adding cultivation of marijuana and/or medical marijuana as a prohibited use in all zoning districts
• Chapter IX, adding Article 20 with specific regulations related to medical marijuana and/ or marijuana cultivation. 

As I said, this should be a VERY interesting discussion and I won't be surprised if we have more than a few speakers - you know, farmers and the like - addressing this issue.

HALAL GUYS EXTENDED HOURS
Public Hearing #4, HERE, is the appeal of the Zoning Administrators denial of extended hours for The Halal Guys restaurant at 3033 Bristol Street.  This item was continued from the October 26th meeting and the result is a modified proposal, shown in the chart.  This restaurant has been wildly successful since opening and, as is usually the case with such success stories, there are unanticipated issues to deal with.  The primary concern expressed previously was the impact on nearby residential neighbors.

VALET PARKING CONDITIONAL USE PERMIT

Public Hearing #5, HERE, is related to the previous item because it is a request for a Conditional Use Permit by the property owner at 3033 Bristol for on-site valet parking services to accommodate peak hour demands of the restaurant uses.

NEXT MEETING NEXT YEAR

The next Planning Commission meeting will be held on January 11, 2016.

Delay Marks Planning Commission Meeting

SHORT MEETING...
Surprise seemed to be the word of the evening as the Costa Mesa Planning Commission met for what was anticipated to be a short meeting.  It was!  In fact, we said "Adios!" to the commissioners at 8:03 p.m.

DICKSON ABSENT
However, it was not without some drama.  And, Chairman Rob Dickson missed all the fun - he was absent.

VICTORIA STREET "HIDEY-HOLES"
During Public Comments Barrie Fisher stepped up to complain about what she called "hidey-holes" in the shrubbery along Victoria Street - hang-outs for vagrants.  She suggested that city staff might prune the shrubbery up so those little crannies where vagrants nest could be eliminated.

HIXSON METAL REFINISHING AND REHAB LOITERERS
An unidentified person pointed out the ad from Hixson Metal Refinishing from the Daily Pilot, and referred to the June 22, 2015 meeting at which she expressed concern about the toxic nature of the chemicals flowing from that place.  She wondered if realtors should be required to disclose the existence of that plant when selling homes affected by it.  She also told the commission about  a gathering of rehab people at 17th Street and Orange avenue and expressed concern for kids trick or treating Saturday night.

MCCARTHY
During Commissioner Comments Colin McCarthy offered congratulations to the Estancia High School football team for its victory over Costa Mesa last weekend in the Battle for the Bell.

DIRECTED STAFF
Stephan Andranian asked staff to assess Fisher's concerns about the shrubbery along Victoria and he acknowledged the earlier question about the rehab loiterers.

SAID NOTHING
Neither Vice Chair Jeff Mathews nor Tim Sesler had any comments.

QUICK AS A WINK...
Public Hearing #1, the tract map for a proposed small lot development at 1620 Orange Avenue flew through the process, taking less than 10 minutes.  During the discussion McCarthy asked Assistant Director of Development Services, Claire Flynn, to have the staff put together a report on the impact of the Small Lot Ordinance - how many projects, where?, etc.

WORRIED ABOUT PRECEDENT

Public Hearing #2, the proposal to demolish a medical office building at 350 East 17th Street, on the corner of Raymond Avenue, and build a smaller building with several restaurants and office space.  Interestingly, this hearing took more than an hour.  Four members of the public spoke on the issue - 2 in support of it and 2 against it.  After all the dust settled the sticking point seemed to be the conditional use permit to utilize a patio that would encroach on city right-of-way.  McCarthy led the way with concerns about the precedent it might be setting.  Assistant City Attorney Yolanda Summerhill suggested that, if the commission chose to do so, staff could craft an Encroachment Agreement, but McCarthy and others still were concerned about the precedent.

EAGER TO PLEASE, BUT...
Architect John Hill and owner Greg Gabriel seemed willing to do whatever it takes to make the project work.  There are also parking issues to be considered.

CONTINUED OFF CALENDAR
Eventually, rather than deny the request outright and force the applicant to wait to re-apply and pay a whole new set of fees, the commission voted to continue the issue off calendar to give the applicant a chance to revisit his project, to see if he can't make it work within the footprint of the site without the encroachment.  It seemed like the right decision.

THE HALAL GUYS OPERATING HOURS
The crowd dwindled from 30 to about 13 as the final public hearing, #3, the appeal of the denial by the Zoning Administrator request by The Halal Guys, to extend their hours of operation, began at 7:20.  McCarthy, citing a conflict, departed for the evening, leaving a bare quorum to deal with this touchy issue.

NEW HOURS ARE A PROBLEM
As I wrote earlier, the applicants modified their earlier request to stay open until 3:00 a.m, to less onerous operating hours of 11:00 a.m. - 12:00 a.m. Sunday through Wednesday and 11:00 a.m. - 1:00 a.m. Thursday through Saturday and add security 11:00 a.m. - 1:30 a.m.  However, that didn't satisfy all the critics nor did it convince the three remaining commissioners.

NEIGHBORS ARE NOT HAPPY
Four members of the public spoke to the issue, including the owner.  Two neighbors spoke about the noise, trash and impact on the parking in the nearby neighborhood.  There were nine additional letters from members of the community - most appeared to be nearby neighbors - strongly opposing the extended hours.

PROBLEMS WITH SUCCESS
The owner, Thomas Pham, was very forthright about the impact the success of his restaurant has had on the neighborhood.  The Costa Mesa restaurant is the first of 50 such stores planned in California.  They plan to open a new one every other month.  He suggested that, once the novelty of his store wears off and new sites are opened nearby, the traffic and lines at the restaurant will diminish.

MAKING PROGRESS, LOOKING FOR SOLUTIONS
The property owner, Kevin McGuire, also expressed sincere concern and was looking for solutions, and was making progress in cleaning up the site.

A FEW OPTIONS
The discussion addressed the possible valet parking arrangement; the availability of the Dunn Edwards store parking lot after 5:00; the probability of greater impact on the neighborhood by staying open until 1:00, to cater to the bar crowd looking for food at that night.  McGuire suggested perhaps permit parking might resolve some of the neighbors concerns.

 CONTINUED TO DECEMBER 14, 2015
After much discussion the commission voted to continue this item until December 14, 2015, during which time the operators will engage in community outreach to allay some of the neighbors fears and move forward with plans they think will resolve the parking/noise/trash issues.  This also seemed to be a good solution, as opposed to flat-out deny their request, which is the way they seemed headed.

And we were done!  Yea!