HomeMy WebLinkAbout- - ZA-89-25 & ZA-92-10 (6) - 10/19/20101
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COSTA MESA PLANNING COMMISSION MEETING 40
for my English, because my language is Spanish,
but I came to this country 30 years ago. I've
been a resident and now an American citizen.
I've lived in Cost Mesa for four years. This is
my town. I had to move to the border of Santa
Ana and Fountain Valley for reason for my school
for my kids for Santa Barbara. I have a
beautiful wife, - - kids, and God has provided
for me. And I'm so happy here to present my
life, because when I came to this country, I
came illegal, and I came thanks to my wife. I
got a resident. I got my American -ship. And
I've been working by the state for 22 years.
And I'm so happy. I've known Mr. Lee for about
20 years from Garden Grove. He gave me the
permission to do my plan that I have been
suffering too many robberies.
MR. MENSINGER: Mr. Chair, I just want to
ask him a question.
MR. GARCIA: Too many robberies is why I
tried to buy a main place to recycle. But I
feel bad for these things. I've been trying to
work the best I can - - and Rebecca know. And
I'm here, and I just want to say if you revoke
Ubiqus Reporting
2222 Martin Street Suite 212, Irvine, CA 92612
Phone: 949-477-4972 FAX 949-553-1302
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1 COSTA MESA PLANNING COMMISSION MEETING 41
2 the license, I'm happy. I know God will
3 provide, and I want to say thank you for
4 everything. My English is very bad, but I want:.
5 to, any questions you can ask.
6 MR:..RIGHEIMER: Okay, thank you.
7 .:MR... MENSINGER: Mr. Chair.
8, MR:. RIGHEIMER: Commissioner Mensinger.,
9 MR.. MENSINGER.: Mr. Garcia I just want to
10 say, first of.all.I-want. to say thanks for
11 providing a great service. I think recycling
12 all of us agree up here-, we want to make sure .we
13 clear the air on this, recycling is important
14 for our community. As a matter of fact, we do a
15 lot of it in.all the youth sports that all of us
16 give time to - - or Estancia [phonetic]. We're
17 all.actively involved in.all kinds of elements
18 of the green process. And I just want you to
19 understand this is not about you. It's about
20 the people in the community that are being
21 affected by this particular use, and there are
22 concerns about --
23 MR. RIGHEIMER: [Interposing] Okay. Is
24 there a question for the applicant?
25 MR. MENSINGER: Mr. Garcia, so you do live
Ubiqus Reporting
2222 Martin Street Suite 212, Irvine, CA 92612
Phone: 949-477-4972 FAX 949-553-1302
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COSTA MESA PLANNING COMMISSION MEETING 42
in Costa Mesa?
MR. GARCIA: I used to live in Costa Mesa
for four years.
MR. MENSINGER: You live in Costa Mesa?
MR. GARCIA: No.
MR. MENSINGER: You don't live in Costa
Mesa?
MR. GARCIA: No.
MR. MENSINGER: Okay. You live in Fountain
Valley now?
MR. GARCIA: It's one house only divided.
MR. MENSINGER: Okay, and you're the owner
of this business, correct?
MR. GARCIA: Yes.
MR. MENSINGER: You're the sole owner?
MR. GARCIA: Yes.
MR. MENSINGER: That's the only question I
have for you.
MR. GARCIA: Thank you.
MR. RIGHEIMER: Any other questions for the
applicant.
MR. JIM FITZPATRICK: Mr. Chair.
MR. RIGHEIMER: Commissioner Fitzpatrick.
MR. FITZPATRICK: Thank you. So I consider
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1 COSTA MESA PLANNING COMMISSION MEETING 43
2 myself to be a green and sustainable guy, and
3 I'm.a champion and advocate for many things
4 green and in particular recycling. I always
5 thinkwe can do more.to.reduce, reuse, and
6 recycle.. So:I'm going-to.ask a couple of
7' que.sti.ons on some solutions. But first, I just
8 had.some fact -based questions. When you did
.9__ your education and outreach program,. did.yo,u
to invite any commissioners or city staff to the
11. -event?
12. MS. CHENr No. We passed.out flyers in the.
13 neighborhood, in the shopping mall, and we did
14 it in both Spanish and English. And then when
15 we did not, we had about just over 20 people
16 attend, and because we weren't happy about the
17 attendance, we had hoped for more, that's when
18. we went ahead and sent letters individually to
19 each of the folks who had signed the recent
20 petition. So we really.were trying to do what
21 we could to kind of reach out.
22 MR. FITZPATRICK: Okay. Did you contact
23 Smart and Final?
24 MS. CHEN: No, we did not.
25 MR. FITZPATRICK: Okay. Could you put up
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COSTA MESA PLANNING COMMISSION MEETING 44
those pictures again that we just went through?
No, they were the ones that the applicant
shared.
MR. RIGHEIMER: The applicant's pictures?
MR. FITZPATRICK: Yes, sorry about that.
Not that one. It might have been the one just
before it. Yes, okay. So in this view, the
cars that are parked in Smart and Final, are
those Garcia Recycling customers?
MS. CHEN: I can't tell from this picture,
but sometimes yes, there is crossover. Some of
the customers do park in that lot and walk over.
It goes both ways. As there are customers who
park in the Lion's Den lot and go to Smart and
Final, so it goes both ways.
MR. FITZPATRICK: Okay. Could you go down a
couple more? Keep going. Yes, same thing here.
And then one more, Mel. Yes, so the claim is
that if Garcia's was not available that these
residents would not recycle.
MS. CHEN: Yes. We've heard that from
folks, and they just can't walk to the nearest
facility. It's not within walking distance.
MR. FITZPATRICK: What would they do with
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1 COSTA MESA PLANNING COMMISSION MEETING 45
2 that?
3 MS. CHEN: They probably would either not
4 pick up the recycling, because I know tha:t.a lot
5 of folks pick up the recycling off the streets.
6' So either they wouldn't pick up the recycling or.
-7 I'm not sure what they would do. I think we are
8- just going to speculate..
.9 MR. FITZPATRICK: I -just don't, I haven't.
10 seen that much trash that exists in the city of
11 Costa Mesa. We've got a.lot of code
12 enforcement. We 'street sweep once a week, and
13 then the sanitary district has demonstrated that
14 if those are left in the residential trash
15 containers that all that does get recycled. So
16 I'm not in support of your claim that that would
17 wind up in landfills.
18 MALE VOICE: Mr. Chairman, may I recommend
19 that at this point we just ask questions about
20 the presentation rather than provide any input?
21 MR. RIGHEIMER: Commissioner?
22 MR. FITZPATRICK: Thank you. So as I read
23 your documents here, honestly I think we come to
24 the same conclusions. I think this is a very, a
25 big business. Four million pounds is a lot of
Ubiqus Reporting
2222 Martin Street Suite 212, Irvine, CA 92612
Phone: 949-477-4972 FAX 949-553-1302
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COSTA MESA PLANNING COMMISSION MEETING 46
recyclables.
MR. RIGHEIMER: Commissioner, if we can get
to the questions.
MR. FITZPATRICK: So with that, I am trying
to understand what opportunities there are to
modify the existing operation. And as I see on
handwritten page eight, we could stage a truck
or put a wrought iron fence. Are those the only
two options that you've come up with?
MS. CHEN: We have not come up with any of
the alternatives. Those alternatives were
developed by city staff, and they have not been
discussed with Garcia Recycling.
MR. FITZPATRICK: So then no recommendations
have come forward then?
MS. CHEN: We are more than happy to talk to
city staff about that, about potential
modifications, but at this point we haven't
started that discussion. We have worked with
the city addressing various concerns including,
for instance, the fact that the signage, they
didn't like the signage. We had the containers
painted. And also, we installed landscaping at
the request of the city. But as far as the
Ubiqus Reporting
2222 Martin Street Suite 212, Irvine, CA 92612
Phone: 949-477-4972 FAX 949-553-1302
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COSTA MESA PLANNING COMMISSION MEETING 47
fence or any of the conditions that were set
forth in the agenda packet, we have not
discussed that with the city yet, but we're
happy to.
MR. FITZPATRICK: Thank you.
'MR.' MENSINGER: Mr. Chair.
MR...RIGH.EIMER:• Commissioner Mensinger:.
MR._-MENSINGER: Just a question_ for staff.:.-
I'm
taff.I'm just...curious, Mel, are there any other
...businesses in•the.city of. Costa Mesa that „
operate -out of 20 -foot or 40 -foot containers,
basically shipping containers besides recycling?
MR. LEE: Not that I can think of off hand,
no.
MR. MENSINGER: So would it be safe to say
there are none in the urban corridor.
MR. LEE: Yes, that would be correct.
MR. MENSINGER: The revitalized corridor.
Mrs. Chen, I'm just curious as a resident and a
planning commissioner, why wouldn't you or your
client come to the city with some solutions to
those pictures?
MR. RIGHEIMER: Commissioner Mensinger, I'm
going to call that question out of line. If you
Ubiqus Reporting
2222 Martin Street Suite 212, Irvine, CA 92612
Phone: 949-4`777--4972 FAX 949-553-1302
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COSTA MESA PLANNING COMMISSION MEETING 48
have a question for her --
MR. MENSINGER: [Interposing] That's what
I'm asking. Why wouldn't she come to the --
MR. RIGHEIMER: [Interposing] That's not
what we're here, I'm not looking for her to
figure out what she could do or couldn't do.
I'm going to look at what the application is.
MR. MENSINGER: Let me rephrase the
question. Do you have any idea why your client
hasn't come up with any solutions?
MR. RIGHEIMER: I'm going to call that
question out of line.
MR. MENSINGER: That's fine. No further
questions.
MR. RIGHEIMER: No further questions. Any
other questions from commissioners? I have a
question if --
MR. FITZPATRICK: [Interposing] I have a
quick question.
MR. RIGHEIMER: Mr. Fitzpatrick.
MR. FITZPATRICK: Is it an option to put a
truck? Is it an option to put a truck in this
facility as a potential solution? Is that even
a consideration?
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I COSTA MESA PLANNING COMMISSION MEETING 49
2 MR. LEE: I don't believe that's actually
3 reflected in ourrecommendedconditions of
4 approval. I think that the way that it's worded
5 is'just basically.the containers without the
6 truck. But that's certainly an option the
7 commissioners can consider:
8 MR. MILES:.. Again, I think.,. as Patricia kind
9 of mentioned, we're at a phase where we..'re.
10 discussing a potential revocation or
11= modi.fica.tion of the existing use permit. We've
12 done'our diligence to try to establish what the
13 basis of the complaints were so that we can
14 address those complaints. Discussions about
15 what might be in the cooperative spirit
16' accomplished I think is something that needs to
17 be discussed, and these concepts I just,
18 unfortunately we haven't addressed those. But I
19 think as Patricia has mentioned that Garcia
20 Recycling is ready, willing, and able to work
21 cooperatively with city staff like they have in.
22 the past to address any.reasonable suggestions
23 from the city.
24 MR. RIGHEIMER: Thank you. I have a
25 question for Ms. Chen, I guess. If we go to
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COSTA MESA PLANNING COMMISSION MEETING 50
page 25, the actual CUP, the MCUP ZA-92-10, do
you have that? I'm looking at conditions of
approval.
MS. CHEN: Sorry, which packet?
MR. RIGHEIMER: The first packet. And it
would have been pages 23, 24, 25. Correct, it's
the July packet.
MS. CHEN: Yes.
MR. RIGHEIMER: Okay, and on page 25, number
three, it reads any and all containers with a
maximum of two shall be located at the northwest
corner of the site, as shown in the approved
plans, and shall maintain a minimum set back of
20 feet from the front property line. Staff,
can you bring the picture up that we just had a
second ago? Just back up a couple of pictures.
Back up one more, I guess. Back up another one.
Back up one more. I guess this picture will
show in here I think we can agree that the truck
there is not a container.
MS. CHEN: It is a truck. It has a
container on it. And the reason why we think
that the two permits have to be read together is
because if you look on page 20 of the same
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I COSTA MESA PLANNING COMMISSION MEETING 51
.2 packet, and this is for the original 189 permit,
3 it says for the description of.the project it
4. says my plan is to park at the location above
5 one ton truck to buy aluminum cans, plastic
6 bottles, and glass bottles. So together it
7' seems' to us,, and you know, it may be just a tiny.-
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iny.-8 bit gray; but together it seems to me that the.
9..... -two permits would allow for one truck and one.
10 container.
lI' MR. RIGHEIMER: Okay; and can you tell me
12how many tons . that truck ' is?
13 MR. GARCIA: Three ton truck.
14 MS. CHEN: Three ton truck.
15 MR, RIGHEIMER: It's a three ton truck?
16 Okay. And as you follow on number three it says
17 and shall maintain a minimum set back of 20 feet
18 from the front of the property line. Is the.
19 front of that truck 20 feet from the property
20 line? Answer through your attorney, please.
21 MR. MILES: The response is that the belief
22 is that the set back is in excess of 20 feet.
23 MR. RIGHEIMER: For.the front of the truck.
24 MR. MILES: From the front of the truck.
25 MR. RIGHEIMER: Okay.
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I COSTA MESA PLANNING COMMISSION MEETING 52
2 MR. MILES: And again, well.
3 MR. RIGHEIMER: Go ahead. And then, Ms.
4 Chen, what are the number of employees out at
5 the property?
6 MS. CHEN: At any given time there are three
7 or four employees at the facility, four if it's
8 very busy.
9 MR. RIGHEIMER: So if I was at the property
10 at ten o'clock on Saturday morning and I saw
11 seven employees with hats on getting stuff out I
12 would have been mistaken?
13 MR. GARCIA: [Inaudible.]
14 MR. RIGHEIMER: You need to be on the
15 record.
16 MR. MILES: Again, the questions right now I
17 think are, one, outside of the staff report,
18 have no relationship to the complaints that
19 we've been trying to determine what the concerns
20 are. And it's a little bit difficult right now
21 for us to give you a legitimate and competent
22 answer. I think the essence of Garcia
23 Recycling's comment is that there is a
24 responsiveness to the volume of recycled
25 materials that are being generated and processed
Ubiqus Reporting
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1 COSTA MESA PLANNING COMMISSION MEETING 53
2 through the facility. And one point I think
3 that we'd like to point out is that Mondays, for.
4 example, are a very busy day, because the other
5 recycling facilities are closed on Mondays. So.
6 Garcia Recycling provides a very invaluable
7 service to the community on Mondays. I suspect
8 - that the point' -is that there are up to four
9 employees as a s.t.andard,_.and.it_probably
10 deviates from that given the need to respond to
11 -volume : But I' don' t bealieve that there's -any,.
12 condition in the CUP•that mandates what amount.
13 of employees can be assisting at Garcia
14 Recycling.
15 MR. RIGHEIMER: Thank you. Okay, and
16 lastly, the property at Smart and Final, the
17 application does not have a CUP to operate
18 business from Smart and Final, the Smart and
19 Final property next door, it's 709. It's not
20 part of this application.
21 MS. CHEN: The application I think speaks
22 for itself.
23 MR. RIGHEIMER: Okay, and then do employees
24 from Garcia's go over to cars and trucks and
25 unload from the Smart and Final property?
Ubiqus Reporting
2222 Martin Street Suite 212, Irvine, CA 92612
Phone: 949-477-4972 FAX 949-553-1302
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COSTA MESA PLANNING COMMISSION MEETING 54
MS. CHEN: I don't know the answer to that.
MR. RIGHEIMER: Okay, thank you. Any other
questions? Counsel, I know you have some
comments you want to make with regards to the
presentation.
MALE VOICE: If you want, as far as some of
the legal issues that have raised, with regard
to the Goat Hill Tavern, earlier I didn't
mention this because I figured the commission
understands it. But I think it bears repeating.
I concur with counsel with regard to the impact
of Goat Hill Tavern as far as what has to be
shown. You're not looking at a new CUP with an
applicant requesting a CUP in this area. The
only, it's a higher level of showing that has to
come to show that it's a public nuisance, not
that it's just not a good fit, but that it's a
public nuisance. And Counselor Chen was correct
in the code sections she sited and showed you up
on the screen. They are correct with regard to
what a public nuisance is. It is described in
the civil code, which is referenced in the Costa
Mesa municipal code 3479 and 3480. What they
presented there was correct. What I mentioned
Ubiqus Reporting
2222 Martin Street Suite 212, Irvine, CA 92612
Phone: 949-477-4972 FAX 949-553-1302
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COSTA MESA PLANNING COMMISSION MEETING 55
earlier is Goat Hill -Tavern does not say, cannot
be applied to say that theevidence as shown is
inadequate to find a public nuisance. Ms. Chen
.didn't go on and evaluate the evidence, and you..
.can consider that. But Goat Hill Tavern.is.n't.
saying to you that. -.you can't find that there!s.a
public nuisance:. That is your.job.to determine
whether .there is a public nuisance -or not.. __ ...._
CEQUA does have;.it is true and cases have held
that someti.mes..categorical exemption doesn't
remove.the project from.CEQUA analysis. And
there is an exception to it, and the exception
is even though a categorical exemption may
apply, if it has a significant impact on the
environment, then you have to look past the
categorical exemption. And therefore, it
wouldn't apply. Sometimes something might fit
into a categorical exemption but it's having an
impact on the environment, and that's what CEQUA
is all about. So you can consider that. This
is the first I've heard.that the applicant, and
maybe I didn't see all the information, two
things. It indicated that there's an opposition
to the revocation of the first CUP. The staff
Ubiqus Reporting
2222 Martin Street Suite 212, Irvine, CA 92612
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COSTA MESA PLANNING COMMISSION MEETING 56
has indicated that the second one, the minor CUP
was replacing the first one. Now, there's a
contest that I first hear tonight that they want
both CUPS. And then, Ms. Chen said it was a
little bit of a gray area. I think it's a big
gray area when you try to put both CUPS
together, which are talking about two separate
locations, and then saying that you can have a
truck there. We haven't researched that issue
because I didn't hear it until tonight. And as
far as the question about three or four
employees and if someone witnesses seven
employees, even though the number of employees
isn't in the conditions, I think it's in a quasi
judicial proceeding it would be appropriate to
test the credibility of any witnesses that are
providing you evidence. And Mr. Garcia did talk
to you about certain things. And if he
indicates there are three or four employees and
you've been out there and saw a different
number, I think that's something you can
consider with regard to credibility of the
witness. And then, there was an argument about
20 years of no code enforcement and all of a
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1 COSTA MESA PLANNING COMMISSION MEETING 57
2 sudden you're doing a revocation. I don't know,.
3 just because, you know, and I'm not sure whether
4 there has been known code enforcement, but I
5- don't think that's a bar to you reviewing it now
6� if a,public.n.uisance exists there. Again, a
7 much higher' -standard than if this was a new-
-8 application. Do you have any questions?.
9 MR. M.CCARTHY..: Yes, Mr. Chair.
10 MR. RIGHEIMER: Commissioner McCarthy.
it MR. MC,CARTHY': We keep talking about the
12 public nuisance, -but again, this goes back to
13 the question that I asked Mel earlier about
14 Costa Mesa's code gives two bases for
15 modification or revocation of the CUP, the
16 public nuisance standard, which you've discussed
17 and has been discussed in the presentation, or
18 the applicant's failure to meet their conditions
19 of approval, correct?
20 MALE VOICE: That's correct. Either one or
21 both would be something that you should be
22 considering when looking at this whole issue.
23 MR. MCCARTHY: Okay, but the heightened
24 standards that you were alluding to as far as
25 the public nuisance component of it, are you
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1 COSTA MESA PLANNING COMMISSION MEETING 58
2 interpreting the Goat Hill case to mean that
3 it's a heightened standard applied to the
4 failure to meet the original conditions of
5 approval also? Or is that only as it pertains
6 to the public nuisance complaint?
7 MALE VOICE: Well, yes. As far as
8 violations of conditions of approval, if there's
9 a constant violation of the conditions of
10 approval and it doesn't seem that you can get
11 compliance with those, that's something you can
12 consider. That's a different level. A new
13 applicant hasn't violated conditions. So what
14 they're trying to do is contrast what a new
15 applicant would be like and what level you have
16 to look. You're just looking for a good fit.
17 But after there is a vested property right, once
18 you, you know, a type of vested property right,
19 once you give them permission for the use, now
20 it can't be that it's not just a good fit. You
21 have to either find that it's a public nuisance
22 or they're just not living up to the conditions
23 of approval that you set on them. Those are the
24 things you can look at. Does that help?
25 MR. MCCARTHY: Yes.
Ubiqus Reporting
2222 Martin Street Suite 212, Irvine, CA 92612
Phone: 949--477--4972 FAX 949-553-1302
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1 COSTA MESA PLANNING COMMISSION MEETING 59
2 MR. RIGHEIMER: Any more comments from the
3 city attorney?
4 MR. MENSINGER: Mr. Chair.
5 MR. RIGHEIMER: Commissioner Mensinger.
6 MR::MENSINGER: This is for.the city
7 attorney.. So is a three ton truck being used
8 there a violation when .they.',re allowed a one ton
.9_.. ..truck?..I just want to make.. sure. I.... under s t and.
10 that:.
11 MALE VOICE: I'm sorry, what was that?.
12 MR. MENSINGER: Their CUP allows for a_:one
13 ton truck.
14 MR. RIGHEIMER: Well, let's not, we can't
15 state that it does. There's a discussion
16 whether both CUPS are in effect or just one.
17 But if both were in effect I guess is the
18 question.
19 MR. MENSINGER: So can I, I guess --
20 MALE VOICE: [Interposing] If the condition
21 says you can only have a one ton truck there,
22 now again, I haven't read the CUP. But if it
23 says you can only have a one ton truck there and
24 they have a three ton truck, that would seem to
25 be a violation.
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COSTA MESA PLANNING COMMISSION MEETING 60
MR. MENSINGER: Okay, thank you.
MR. FITZPATRICK: Mr. Chair.
MR. RIGHEIMER: Commissioner Fitzpatrick.
MR. FITZPATRICK: I have another point of
clarification on handwritten page 22, the
schedule of recycling purchases. The 4.1 or so
million pounds, is that for Garcia's Costa Mesa
or all Garcias?
MS. CHEN: It's for that facility.
MR. RIGHEIMER: Any other questions? Okay,
we have a public hearing here. At this point,
members of the public can come up to the
microphones. Please give me your name and
address, and you will have three minutes to
speak to the issues.
MR. EDWARD CARMONE: Thank you. My name is
Edward Carmone [phonetic]. I live at 752 Center
Street, right around the corner. Could ask that
that slide, that overhead slide be shown right
at the very, very beginning?
MR. RIGHEIMER: On the presentation of our
staff or from Ms. Chen's staff?
MR. CARMONE: It was from the commission's
slide.
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I COSTA MESA PLANNING COMMISSION MEETING 61
2 MR. RIGHEIMER: Okay, Mel. Okay.
3 MR. CARMONE: It's an overhead shot showing
4 19th Street and Wallace.
5 MR.. RIGHEIMER:- I'm going to hold for on'e .
6 second.'. Can I answer -your. -question?
7 FEMALE VOICE: I'm sorry. I don't mean to
8 interrupt., but thisindividual spoke at the last
9 hear-.i.ng, and I think. you,. at. least at the. last._.....__..
to .:hearing said.that•..was going ,to be his only
11: opportunity- to -speak-..
12 MR. RIGHEIMER: Thank you. Sir, did you
13 speak at the last hearing?,.
14 MR. CARMONE: Yes, I did.
15 MR. RIGHEIMER: Okay, if you already spoke
16 at the last hearing, I can't have testimony from
17 you at this hearing. Is there anybody else? I
18. think your wife can do it for you. You don't
19 have to write your name. You can speak to this
20 without writing your name. Just make sure
21 before we leave we have it.
22 MS. FRANCA CARMONE: My name is Franca
23 Carmone, and I live at 75.2 Center Street. And I
24 have no objections about the recycling. In
25 fact, we love recycling. The only objections we
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COSTA MESA PLANNING COMMISSION MEETING 62
have is the location. I think there are other
locations that could be considered, and it would
be better. Nineteenth Street is a beautiful
street now. They've remodeled or redid it with
the lamps, beautiful lamps and et cetera, and
now this really detracts from it. There are a
lot of people coming around with large bags of
cans. I think if it would be in a different
location, maybe where you have more commercial
places like, well, like Pamona and 17th Street,
where they have the - - houses, that would also
be close to the people that could take their
recycling goods. It would be close to them, so
in case they think this is the best place to be,
because most of the people live around there who
collect these things. And they can walk to it.
So it's just the noise, and it does collect a
lot of people pick up cans, and they just take
it over there, and then they go. There are a
lot of liquor stores there, so they go and buy
some liquor with a little bit of money they make
there. And you can see a lot of people getting
around there that are homeless. So I would, my
only objection is if he could relocate someplace
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I COSTA MESA PLANNING COMMISSION MEETING 63
2 else it' would be nice. That's it.
3 MR. RIGHEIMER: Thank you.
4 MS. CARMONE: Thank you.
5 MS. CLAUDETTE,MCKILLIAN: Mr. Chairman,
6 `commission,'I.'m.Claudette McKillian. My first
7 time I've ever attended a city Miall meeting, but
8 this situation-was important to me, so that's
9 why I'.m.here. With what Mrs. Carmone.said.in.
10 wanting Mr. Garcia to relocate, maybe the..soup
11 'kit.chen, maybe that should be relocated. And
1'2 what was mentioned about the businesses across
13 the street, a pawn shop, liquor store, soup.
14 kitchen, a beauty salon which is right across
15 the street failed to be mentioned. I'm here in
16 favor of Mr. Garcia and his recycling business,
17 and I think one of the most important things
18 that have not been mentioned this evening is the
19 jobs that he provides for the young men that
20 work for him. I believe in capitalism. He is
21 providing jobs for people that don't have jobs
22 nowadays. I think it's important. He has been
23 in business for 20 years. He's a good American
24 citizen. All the legalities have been mentioned
25 by the attorneys, and I think that the recycling
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I COSTA MESA PLANNING COMMISSION'MEETING 64
2 place should stay. I see no reason why his
3 permit should not be reinstated. He's a
4 businessman. He's provided entrepreneurship.
5 This country was built on that. I think that
6 should be considered in your decision. I am
7 personally going to report this meeting, things
8 that we go to and attend for the Balboa Bay
9 Republican Women, and I know they will all be in
10 support of you, Mr. Garcia. Thank you.
11 MR. RIGHEIMER: Thank you. Anyone else want
12 to speak? Just come to the podium.
13 MR. VINCE PONICO: Good evening. My name is
14 Vince Ponico [phonetic], 20912 Skimmer Lane,
15 Huntington Beach. I have been a customer of Mr.
16 Garcia for over ten years and I'm here to show
17 my support for Garcia Recycling. The complaints
18 against this company are unjust. Garcia
19 Recycling provides a valuable service to the
20 city of Cost Mesa, such as preserving our
21 environment, employment in a struggling economy,
22 and providing cash to individuals who take the
23 time to recycle their reusables. Please give
24 Garcia Recycling a chance to survive. Thank
25 you.
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I COSTA MESA PLANNING COMMISSION MEETING 65
2 MR. RIGHEIMER: Thank you. Anyone else want
3 to speak? If you're going to speak, please come
4 down.. It will be a little quicker.
5 MR. CHUCK PERRY: My name is Chuck Perry,
6 425 East Bay Street in Costa Mesa. I've been a
7 long-time resident here sin.ce 1958. I've dealt
8 with Mr. Garcia'.s business for..a number of
9 times, and I.jus.t had a couple of questions,. In
10 the very.beginning it seemed to me when he first .
11 . s-t.arted there was one container there... Now,,_
.
12 there's a.truck parked on a concrete culvert
13 there and another container beside it. And if
14 they're doing four million pounds, what did they,
15 do in the beginning when you guys gave them the
16 permission to be there? That's kind of one of
17 my questions. I don't know what it was in the
18 beginning, but.I'm sure it's changed. What
19 happens when it goes from four million to eight
20 million? Do we have three containers sitting
21 there? Is that the next step? I'm kind of
22 asking what's the business plan here for the
23 city. Is having a truck and a container a
24 business plan? And the second thing and the
25 most upsetting thing to me is the way that they
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2 do their bottles. What they do is they take
3 them from one container and to get the liquids
4 out so that they're not, you're not being given
5 cash for that liquid, they dump them into
6 another, and the liquids go all over the ground.
7 And they have people that clean it up, and they
8 sweep it, but what happens to the liquids when
9 it starts to rain? It goes down into our sewer
10 system, and that's a question I think you guys
11 have to really look at. I'm not the complainant
12 here. I just was interested in it, because I
13 saw it. Those are kind of the questions I have.
14 Thank you very much.
15 MR. RIGHEIMER: Thank you. Anybody else
16 from the public want to speak? Name and
17 address, please.
18 MR. ERIC LARSON: Eric Larson, 168 East
19 Wilson, Costa Mesa. We've been recycling with
20 Garcia's for about ten years, that's me and my
21 small family. We've never seen any of the
22 violations that were mentioned. Formerly, we
23 lived on Shalimar Street in the early 170s when
24 the area wasn't so upgraded as it is today.
25 These are hardworking individuals, and we need
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1 COSTA MESA PLANNING COMMISSION MEETING 67
2 this facility in Costa Mesa, because there are
3 not many options on that side of town. The
4 thing .that I'd like to say the most is the money..
5 thatwe received.from this recycling facility is
6 spent in:this adjacent area here from the food
7 'shops"t.o-the nearest gas station, which is on
8 the .corner of - and 19th And we're
9,. approximately responsible for.about 200 pounds a
10 week, well, a month. Excuse me, a month. In.my.:
11 heyday when I , was: :doing it . more for a full-time
12 basis,..I was bringing in maybe three times that
13 much. And that's all coming from Costa Mesa and
14 money in return is being spent in Costa Mesa in
15 those vicinity pictured up here. That's all I
16 have.
17 MR. RIGHEIMER: Thank-you. Anybody else
18 want to speak? And if you're going to speak,
19 please come to the microphone. It will speed it
20 up a little bit, thank you.
21 MS. LAV_ON LARSON: My name is Lavon Larson.
22. I live at 16.8 East Wilson Street in Costa Mesa.
23 I find that when I go to the recycling place the
24 four, five gentlemen that he has working for
25 him, they are polite, they are speedy, they
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COSTA MESA PLANNING COMMISSION MEETING 68
accurately weigh, and they are very helpful. If
I had a heavy container, they would even help me
take it out of my car. As a senior citizen, I
really like that. They are needed. I need the
money from my recycling to buy the gas, and when
I was there, everything was clean. And I
understand when everybody has gone home they
sweep the parking lot, and they also wash it
down. I don't know if it goes into any sewer,
but they are very neat people. Thank you.
MR. RIGHEIMER: Thank you. Anybody else
want to speak? Seeing nobody else coming to the
microphone, I'm going to go ahead and close.
I'm sorry, call the applicant for rebuttal. And
there is not a time limit.
MR. MILES: Thank you, Mr. Chairman. I'll
keep it brief. I just wanted to reiterate the
Goat Hill Tavern decision. I think your deputy
city attorney and us are on the same page. I
just would like to point out that, you know, the
point is that in weighing evidence and this
commission deciding do you have the goods, do
you have the evidence that's necessary to revoke
or even modify this use permit. The Goat Hill
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2 Tavern decision makes it clear that the
3, reviewing court is going to exercise independent
4 judgment,. and that's something you should keep
5 into consideration. It's not an abuse of
6 discretion standard, and there's not going to be
7 deference to the.commis.sion. The court is going
8 to weigh.it in its own eyes. And that's where
9 factually, if you look at.the Goat Hill_Tavern
10 decision, you'll see that the City of Costa Mesa..
11 obs.erved or -received complaints, numerous
12 complaints that were documented about public
13 urination, intoxication in the vicinity. They
14 documented it. They took formal action. One of
15 the things that is glaringly missing here, and
16 it's always suspect in a nuisance proceeding or
17 in a revocation proceeding where you have no:
18 evidence of citation, notice of violation, a
19 formal code enforcement proceeding. Typically,
20 an administrative body as this would prefer to
21 insulate itself before jumping right into
22 possibly damaging a property right and possibly
23 violating civil rights.- And as a prefatory
24 action typically you would see something like an
25 administrative citation that would give the
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COSTA MESA PLANNING COMMISSION MEETING 70
permit holder an opportunity to address the
concern or the causable action which we are
continuing to struggle to define. In terms of,
if we're talking about let's think creatively
how do we resolve this, and we're talking about
possibly this second phase of what can, as a
good neighbor, or what cooperatively can be
accomplished, we might think about that. I
think there is an entire proceeding, an
administrative process that has been overlooked
that could have been a better vehicle I think to
start to get at that is there a legitimate
concern and can Garcia Recycling address that
concern before its fundamental vested property
rights are at issue. To address the two
containers and truck issue, again, there's
really not a slippery slope problem here. I
understand the concern that what was the start
point? How much tonnage was there? Is this
going to go to eight million pounds of recycle
material? The point is that Garcia Recycling is
limited to two containers. There's never going
to be more unless there's a modification of the
CUP. So the volume is controlled by that
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COSTA MESA PLANNING COMMISSION MEETING 71
condition, and that's typically what a CUP is
supposed to do. It's .not a use of property by
right, but it's a use of property that's
understood as compatible with appropriate
conditions. And I think that's why the 192.
.permit has the..two container language. And
again., the gray area or what we're debating
about whether or not the.container.can be on a
truck, really, the reality is that those
containers- have to be on -loaded, off -loaded _.from
a truck. So it makes the process a lot more:
efficient when you have a truck that counts as
the container. That's the, you know, if you
want to get into the minutia of the gray area
and debate that, that's been going on for a
decade.And that's why I point to the issue of
celerity and why I think it's important to look
at the Goat Hill Tavern decision, and you will
see that nothing remotely like this fact .pattern
was presented in that case. In that case, the
court very clearly established that the evidence
was insufficient to revoke the permit and
pointed out that it's an independent judgment
standard of review. And it's because you are
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COSTA MESA PLANNING COMMISSION MEETING 72
implicating a fundamental vested property right.
Thank you.
MR. RIGHEIMER: Thank you. Okay, I'm going
to close the public hearing, and I'll take a
motion or comments from the commission.
Commissioner Mensinger.
MR. MENSINGER: Mr. Chair, I'd like to make
a motion. Based on the evidence in the record
and findings contained in Exhibit A, the
planning commission hereby revokes zoning
application ZA-89-25 and ZA-92-10 with respect
to the property described above.
MR. RIGHEIMER: I have a motion. Do I have
a second?
MALE VOICE: Second for discussion.
MR. RIGHEIMER: I have a motion, a second,
discussion.
MALE VOICE: I have a question for counsel.
The concept of vested right. If 20 years ago we
approved let's say a little coffee shop and it
turned out to be Starbucks 20 years later, I
guess my point is at what point would this stop?
Could it go to 20 million pounds, or because we
have one container and they decide to have 20
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1 COSTA MESA PLANNING COMMISSION MEETING 73
2' trucks there continuously pulling it out,
3 storing it, taking it away? At what point do
4. vested rights have to be balanced with kind of
5 what's going on in the neighborhood and kind of
6 20 years later?
7 MALE VOICE: Well, an option that you have
8 before you obviously is a CUP modification -,to..
9 address the current issue if you.believe that
.101 there is a.public nuisance there and that it�.c,an.
.11 'be dealt with with. additional.conditions
12 That's how you would deal with it as it goes
13 forward. But if something doesn't rise to the
14 level of public nuisance, the vested right is
15 going to continue. You wouldn't have the
16 ability to consider a modification or revocation
17 or anything like that. Except for the other
18 avenue that was mentioned earlier, if somebody
19 is continually violating the conditions of
20 approval, that's really a separate approach.
21 That's a different issue. I think the first one
22 is what you're talking about. Does that answer
23 your question?
24 MALE VOICE: Yes.
25 MALE VOICE: The reason why I'm supporting
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COSTA MESA PLANNING COMMISSION MEETING 74
Commissioner Mensinger's motion is that rather
than dispute what I see are the opportunity to
dispute some factual representation here, I
don't think they're material. But I agree with
the findings that there is a significant volume
here. And I'm challenged to try and figure out
myself how to modify, and I can't figure out how
to screen or block or relocate where you abut
residential. So I'm not presented with any
modification options here today, and that's why
I'm supporting the motion. Thank you.
MR. MCCARTHY: Mr. Chair.
MR. RIGHEIMER: Commissioner McCarthy.
MR. MCCARTHY: I talked to a lot of the west
side residents that I know about this project,
and they raised their concerns to me. I saw the
problems with this project. My concern of
course, again, is looking through the conditions
of approval from 192. I'm struggling to find
something that I can hang my hat on as far as a
specific violation. That defaults me to the
public nuisance argument. And while I have a
lot of problems with this project, I really,
really do, I think there are a lot of things
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COSTA MESA PLANNING COMMISSION MEETING 75
going wrong, Mr. Garcia, on your project down
there. I think your counsel is looking at this
thing through rose colored glasses, or maybe
they're just portraying that to us. I did go
out there and see this, and I was flabbergasted.
It'.s the first.time that I've lived here that.
I've been embarrassed to.be in Costa Mesa, -to,
drive.t.hrough that ,shopping center and see.
.what's going on there: The parking impacts, the..
homelessness :.and vagrancy that we can blame the
soup kitchen all we want, but.there are people
carrying cans. So it all falls down on Garcia.
The concern that I have is again that I don't
know at this point that the record contains
enough evidence to find the public nuisance, and
.that's what I'm grappling with right: now as a
planning commissioner, not as a resident of
Costa Mesa. As a resident of Costa Mesa, the
fact that this is on our urban path right down
19th Street is just, it's shocking to me that we
allow this. But I just don't see enough to go
down.that path of public nuisance, which is why
I can't support the motion unfortunately.
MR. CLARK: Mr. Chair.
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COSTA MESA PLANNING COMMISSION MEETING 76
MR. RIGHEIMER: Vice Chair.
MR. CLARK: I'm going to start in one
director. Commissioner Mensinger, and at the
risk of having you go on at length, could you
give me a little better detail of why you
motioned the way you did?
MR. MENSINGER: I'm sorry. What is your
question?
MR. CLARK: Can you explain yourself as to
why you chose that motion? I have no reasoning
from you for the motion. I'm not arguing that
it's a good or bad reasoning. I don't know what
it is.
MR. MENSINGER: Commissioner Clark, it just
goes back, this goes back several months from
contacts and letters from the community, some
folks in the audience and some not in the
audience. I believe that when this use was
approved for a CUP it was an apple, and today
it's an orange. And it doesn't take a genius to
go out there and look at the facility and see
how much volume is being done out of this
location to understand that this is a nuisance.
You know, I'll say this quite often. People are
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1 COSTA MESA PLANNING COMMISSION MEETING 77
2 attracted to communities, and we as a city need
3 to continue to attract new people. -And it's
4 very difficult to.do when uses become nuisances.
5 And clearly this,.besides the violations that
6 have been noted, and besides the findings that
7 staff has given us eloquently here in one
8 through seven, this, I would love to see Mr.
9_ Garcia in another location that is not on 19th
10 Street near all these homes and that affects all
11these residents.. SoI hope that answers your;
12 question.
13 MR. CLARK: As well as I can expect. This
14 is a challenging issue. I unfortunately agree
15 with both commissioners so far, which is not a
16 good place to be in this. I've been past this
17 facility on many occasions as well, and although
18 I'm not sure I echo entirely my embarrassment at
19 Costa Mesa driving by, I certainly understand
20 the sentiment. I don't find that the facility
21 is an asset in looks to Costa Mesa. I think we
22 have issues there. However, that being said, so
23 far I have nothing in the record that gives me
24 the ability to certainly not have a warm and
25 fuzzy feeling about trying to revoke the
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COSTA MESA PLANNING COMMISSION MEETING 78
permits. We don't have a consistent evidence of
violations of the original CUP. However, the
counsels almost made an argument in favor of
that all by themselves by calling into account
the original CUP that says a one ton truck, and
we obviously have a three ton truck sitting
right in the picture that has consistently been
there. That's not sufficient for me to be a
complete violation at the level that I think is
warranted. We have no code enforcement actions.
I've got nothing to base violations on. And
although I have heard that we have public
comments to the contrary, we certainly do not
have a lot of public comments saying we don't
like the facility. As a matter of fact, we've
got evidence in the record of 500 people signing
that they liked the facility. So unfortunately
I can't go for a public nuisance,at that point.
So as much as I would admonish the applicant to
work with staff to clean this up, and I admonish
staff to get code enforcement all over this so
there is actually evidence, I'm going to offer
substitute motion that we receive and file.
MR. RIGHEIMER: I have a motion. Do I have
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2 a second.
3 MALE VOICE: Second for discussion.
4 MR. CLARK: It's always for discussion.
5 MR. RIGHEIMER: Is there any discussion to
6 receive and file:
7 MALE VOICE: Mr. Chair.
8 MR: RIGHEIMER: Please.
9...--.. MALE .VOICE: After I. listened to both
.10 commissioners communicate that they have
11 observed issues, you're not going to even..
12 attempt. to modify or. makeany recommendations
13 or?
14 MALE VOICE: Mr. Chair, I guess the concern
15 that I've been grappling with is how do we
16 modify this to address the .concerns that have
17 been raised to me by the community, the
18 vagrancy, the noise, the odor, et cetera, that I
19 have personally seen exist but unfortunately
20 aren't in the record to the degree that they
21 should be. And I don't know how to modify.that
22. to ameliorate those. That's the concern that I
23 have.
24 MR. CLARK: Mr. Chair.
25 MR. RIGHEIMER: Commissioner.
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1 COSTA MESA PLANNING COMMISSION MEETING 80
2 MR. CLARK: Just in answer to Commissioner
3 Fitzpatrick, and I think it deserves an answer.
4 I agree with Commissioner McCarthy. We don't
5 have evidence in the record. My personal
6 driving by once or twice doesn't constitute
7 enough record to modify. What am I going to
8 modify? I don't have evidence in the record
9 that says this is the problem.. What do we do to
10 fix it? I'm just not seeing that. I don't have
11 anything that I can work with on that. And
12 here's what I think happens at this point.
13 Either the applicant cleans it up because they
14 work with city officials and it improves, or the
15 applicant doesn't and code enforcement gives us
16 a case to work with, and it shows up back here
17 and we deal with it then. But we've got to have
18 evidence on the record, and I personally do not
19 see it.
20 MR. RIGHEIMER: Let me see if I can get some
21 evidence on the record here. Can we go to the
22 staff July 11 report, page 20, the photo? There
23 are a lot of reasons that people may or may not
24 like this on the property. I'm not concerned
25 why they may or may not like it, but like any
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COSTA MESA PLANNING COMMISSION MEETING 81
2
other project, it has rules to follow by and to
3
work by in there. I think on the record we have
4
that over 4.2 million pounds is run through this
5
operation here. I think if we look on picture
6
page 20, .the picture in here, we're showing, can
7
you pull'that one up at all?
8
MALE VOICE: You -said handwritten page_20?
9...
MR. RI.GHEIMER: It.,s.handwritten on the
10
July..Do you have the photo? Well, I'll.
11
describe the .photo for you. It's taken from the. -
12
Smart and Final parking lot. It's people with
13
bags of cans in the Smart and Final parking lot
14
bringing over to the property. What you've got
15
here is an operation, an industrial operation
16
doing 4.2 million pounds that the parking lot
17
'becomes full of people over at Smart. and Final.
18
You cannot 'do ten pounds of business in a five
19
pound bag, and they cannot limit the amount of
20
business and work they do to the area that they
21
have.. And so therefore, they have customers who
22
come over to the Smart and Final parking lot,
23
based on this picture and other evidence given
24
by Smart and Final, to operate here. And
25
they're not allowed to do that. They also have
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COSTA MESA PLANNING COMMISSION MEETING 82
brought in a three ton truck that does not sit
20 feet back from the front of the property over
in there. Based on how many employees are out
there, I guess we can get into that issue in
here. But the intensity of volume done on this
property is not the issue if it stays on this
property, if it does not stay on this property
when you have customers doing it. Several weeks
ago we had here another recycling property that
came to us. It's different because of the fact
that they were going for a CUP, so there's a
different standard. I understand that point.
But we went through it and said could they do
the business on the property there and not
affect the neighboring properties or the impact
on the street. What we have evidence here for
is that this cannot be contained on this
property here, that over the years based on
Smart and Final's testimony that they use their
parking lot to do it. And in fact, looking at
photos, the parking lot becomes full with this
in here. And so it's the amount of volume,
based on the fact that it goes over the property
line, and they don't have a CUP to go on the
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1 COSTA MESA PLANNING COMMISSION MEETING 83
2' neighboring property. And that's why I would
3 speak against this motion to receive and file
4 and then go back to the original motion.
5 . MALE VOICE: Mr. Chair.
6 . .MR: RIGHEIMER: Commissioner.
7" MALE VOICE: I'm interested in this
8 argument. So..the argument is that because
9... ....they'.ve_.expanded beyond their .ori.ginal. approval ._ ,...
10 to operate the.facility that now they have,
it violated their 192.conditions ofapproval for
12 operating a facility.
13 MR. RIGHEIMER: Correct. We have evidence
14 in the record showing that the other property
15 next door has to be used in order .for this to do
16 the intensity of the 4.2 million pounds a year.
17 So the motion on here right now is to receive
18 and file. And vice chair and then --
19 MALE VOICE: Mr. Chair, I withdraw my.second
20 to the motion to receive and file.
21 MR. RIGHEIMER: Seeing no second, is there
22 any other second for the motion to receive and
23 file. Seeing none, we'll go back to the
24 original motion. Do you have any more comments
25 on the original motion.
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COSTA MESA PLANNING COMMISSION MEETING 84
MR. CLARK: All right, Mr. Chair, your
evidence is sufficient in the sense that we've
got not just a truck that's not quite the right
size but literally is spilling over onto another
piece of property which is clearly not part of
the CUP. Now, my quandary at that point is I
would like to, because we have a lot of public
input that supports this facility and the use of
this facility, find a way to modify the
conditions of approval to keep this facility
operational if at all possible. I think it
behooves us to exhaust any possibility of
modification prior to revocation. So that being
said, I mean, it's going to take me a minute to
look at the conditions that are here and if
there are other ones that are, you know, other
commissioners would be interested in, I'm
certainly amenable to talking about that.
MR. RIGHEIMER: Commissioner Mensinger, and
then Commissioner McCarthy.
MR. MENSINGER: Mr. Chair, I'm not sure if
it's appropriate at this point to grant
Commissioner Clark the time to figure out how to
make modifications to something that's he's
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I COSTA MESA PLANNING COMMISSION MEETING 85
2 already made'a motion to receive and file on.
3 MR. RIGHEIMER: He has the right to do that
4as a commissioner.
5 MR. MCCARTHY: Mr. Chair.
6 MR. RIGHEIMER: 'Commissioner McCarthy.
7 MR. MCCARTHY 'So then the basis of your
8 findings regarding the, .for lack of a better
9 term, expansion outside of their conditions of
10 approval would be under 1329, the section of
11 their not adhering to t.hei.r conditions .of
12 approval versus the public nuisance argument
13 that's been, you know, we've got the kind of
14 either, or, or both options as far as the
15 findings. -Then, you would, as far as your
16 motion is concerned, find the revocation based
17 on being out of compliance with 1329 of the
18 municipal code regarding not meeting their
19 conditions of approval for the expansion of the
20 operation, correct?
21 MR. RIGHEIMER: Correct. I'm giving
22 Commissioner Vice Chair a chance to look over.
23 MALE VOICE: Mr. Chairman, if I may. I
24 think the motion on the floor is with the
25 findings that are in Exhibit A which are the
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I COSTA MESA PLANNING COMMISSION MEETING 86
2 public nuisance, so that's what the motion is
3 that has been seconded.
4 MR. RIGHEIMER: So then we have to add in,
5 we have to modify it or I could make a
6 substitute motion.
7 MALE VOICE: Or you can make an amendment to
8 the motion to add additional findings.
9 MALE VOICE: Mr. Chair, since I was the
10 maker of the motion, I'll make the motion that
11 we allow Commissioner Clark the time to modify
12 the motion, my motion.
13 MR. RIGHEIMER: Well, just modify, modify
14 for --
15 MALE VOICE: We're not sure what.
16 MR., RIGHEIMER: No, which one was it again?
17 13?
18 MALE VOICE: Mr. Chair, can we take a
19 recess? Would that be possible? That would be
20 great.
21 MR. RIGHEIMER: I will go ahead and take a
22 recess. Ten minute recess.
23 [Music]
24 MR. RIGHEIMER: Okay, we are back. Please
25 take your seats. At this time we had a motion
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1 COSTA MESA PLANNING COMMISSION MEETING 87
2. and a second to revoke. I think adding to that
3 we had .to also add the municipal code section
4 with regards to a violation of the actual
5 conditions of the CUP and add a finding. I
6. -scratched this out, and I.'m not an attorneys so
.7: help me with this, Mel. Number eight,. scale.-and.
.8 intensity. With 4.2 million pounds of the
9 recycling the center is.so large as to spill
10 overinto neighboring properties. Customers
11 routinely park and unload from 709, Smart and...
12 Final.. Go ahead:
13 MALE VOICE: Yes, we can incorporate that
14 language into the final findings.
15 MR. RIGHEIMER: Thank you. Commissioner.
16 MALE VOICE: Just to be clear, the findings
17 under A are going to delete reference to the
18 public nuisance.
19 MR. RIGHEIMER: Correct.
20 MALE VOICE: Okay, thank you.
21 MR. RIGHEIMER: Or amend it to. Leave
22 nuisance and--
23 MALE VOICE: [Interposing] My understanding
24 is you're finding public nuisance and you're
25 finding a violation of the CUP in that it is
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COSTA MESA PLANNING COMMISSION MEETING 88
expanded beyond the scope of the CUP. It's
both.
MR. RIGHEIMER: Okay.
MR. CLARK: Mr. Chair.
MR. RIGHEIMER: Vice Chair Clark.
MR. CLARK: I have found what I hope will be
an acceptable substitute motion.
MR. RIGHEIMER: Please.
MR. CLARK: Mr. Chair, I'm going to move
that based on the evidence in the record and the
findings contained in Exhibit A, which happens
to be handwritten page eight, the planning
commission hereby revokes ZA-89-25 and modifies
ZA-92-10 with respect to the property above.
Modification to ZA-92-10 is shown in Exhibit B,
which happens to be on page nine, handwritten
page nine. It relates to the clarification that
the minor conditional use permit is an
independent permit not related to any previous
approvals of the recycling facility, and B,
addition of new conditions of approval.
MR. RIGHEIMER: And the additional of the
conditions of approval are?
MR. CLARK: There are on page eight.
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1 COSTA MESA PLANNING COMMISSION MEETING 89
2 MR. RIGHEIMER: B.
3 MR. CLARK: Page eight and I think nine.
4 Nine and ten, sorry.
5 MR. RIGHEIMER: I'm seeing page 11 here. At
6 1 missing something?
7 MALE VOICE:- Page nine and ten.
8 MR. CLARK: Nine and ten.
9 MR. RIGHEI.MER: Is the findings for
10 approval. And then the conditions are 11? Oh,.
11, okay.. Sorry.. Wrong one. Sorry.. Do I have a ,
12 second? It dies for lack of a second. Back to
13 the main motion. Any other comments from the
14 commissioners? Seeing no, we will call for a
15 question.
16 FEMALE VOICE: Motion carried, four to one,
17 Clark voting no.
18 MR. RIGHEIMER: This item can be appealed to
19 the city council within seven days, and the next
20 city council meeting is when, Mr. Conner or Mr.
21 Corey?
22 MALE VOICE: The next council meeting is
23 next Tuesday.
24 MR. RIGHEIMER: All right. Thank you very
25 much.
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1 COSTA MESA PLANNING COMMISSION MEETING 90
2 MALE VOICE: Mr. Chair, before we move to
3 the next item, can I make a recommendation that
4 we put together a team to try and figure out
5 some additional ways to recycle in this city?
6 MR. RIGHEIMER: I think if you want to bring
7 that issue up after this as a completely
8 separate issue, we can discuss it. Okay, next
9 item. Corey, help me. I'm lost. Item four.
10 [END AUGUST 9, 2010 PC ITEM 3 MP31
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C E R T I F I C A T E
I, Kelly Jo Eldredge certify that the foregoing
transcript of the Costa Mesa Planning Commission
Meeting, August.9, 2010 was prepared using standard
electronic,.transcription equipment and is a true and
accurate record.
Signature:
Date: August 23, 2010.
js'�-