Loading...
HomeMy WebLinkAbout- - Attachment 1 - 9/7/2010ATTACHMENT MILES CHEN LAW GROUP Costa Mesa Planning Commission Meeting, July 12, 2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ;OSTA MESA PLANNING COMMISSION MTG, JULY 12, 2010 [START PC MEETING ITEM 4.MP31 MALE VOICE 1: Mr. Chair, the second item was No. 4. MR. RIGHEIMER: No. 4, and I think we did have someone who wanted to speak on Item No. 4. We've got a letter from the applicant. They just brought in an attorney, and they're looking to postpone it. So if we vote to postpone it, if you want to speak on the item, we'll let you speak on it today, but you can't speak on it if it gets postponed to that new date. So you might want to decide which one you want to do on that there. MR. CARMONE: Excuse me, sir. MR. RIGHEIMER: Please. MALE VOICE 2: Have him come up. MR. CARMONE: So either I choose to speak on it -- MR. RIGHEIMER: Please come to the microphone. You can choose to speak on it now or if we postpone it then, but you can only speak once. MR. CARMONE: Which would be when? MR. RIGHEIMER: August 9. Ubiqus Reporting 2222 Martin Street Suite 212, Irvine, CA 92612 Phone: 949-477-4972 FAX 949-553-1302 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ;OSTA MESA PLANNING COMMISSION MTG, JULY 12, 20$0 MR. CARMONE: If it's postponed to there. MR. MENSINGER: Mr. Chair? MR. RIGHEIMER: Well, real quick. Would it be okay, if this did get postponed, to speak then? MR. CARMONE: Yes. MR. RIGHEIMER: Okay. MR. MENSINGER: Mr. Chair, if he's here tonight, though, he can speak on it, correct? MR. RIGHEIMER: He can speak on it tonight, but we're not going to vote on it. MR. MENSINGER: So if you don't want to come back and wait around again, your comments will be kept in the record to reflect your thoughts. MR. CARMONE: I'll speak on it now. MR. MENSINGER: So you can speak on it now. I want to make sure you understand that. MR. RIGHEIMER: Let's go ahead and go forward. Go ahead and do it the proper way. One second. Let her go first. Let the clerk -- go ahead. THE CLERK: Public hearing Item No. 4. Application No. ZA-89-25 and ZA-92-10. Site address: 739 West 19th St. Applicant: Jesse Ubiqus Reporting 2222 Martin Street Suite 212, Irvine, CA 92612 Phone: 949-477-4972 FAX 949-553-1302 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ;OSTA MESA PLANNING COMMISSION MTG, JULY 12, 200 Garcia. Zone: Cl. Environmental determination: Exempt. Description: Review, modification, and/or revocation of Minor Conditional Use Permit ZA-92-10 for a recycling center with a maximum of two containers in a commercial shopping center. MR. RIGHEIMER: Mr. Lee. MR. LEE: Yes, Mr. Chairman and commissioners. To just briefly describe in more detail the item. This item has been brought forward for your review for possible modification and/or revocation. Two Minor Conditional Use Permits, ZA-89-25 and ZA-92-10. This is for Garcia's Recycling, which currently operates at the property, 739 West 19th St. The purpose of bringing this item forward for the Commission's consideration is to either modify or revoke the Minor Conditional Use Permits that allow the recycling facility to operate at this location. MR. RIGHEIMER: And we've got a letter from the applicant looking to postpone? MR. LEE: We have received the letter from the applicant's representative requesting that Ubiqus Reporting 2222 Martin Street Suite 212, Irvine, CA 92612 Phone: 949-477-4972 FAX 949-553-1302 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ;OSTA MESA PLANNING COMMISSION MTG, JULY 12, 2010 this item be continued to the August 9th meeting. MR. RIGHEIMER: Does Stephen have any problem with that at all? MR. LEE: No. MR. RIGHEIMER: Let's see here. How do we want to do this? Counsel? Open to the public? MALE VOICE 2: Open to public hearing. MR. RIGHEIMER: What I'm going to do is go ahead and open the public hearing on this item. It will be a little bit out of step from how we normally do this, because I know the applicant's looking for a continuance. So I'm going to go ahead and open the public hearing. Sir? MR. CARMONE: As I said, my name is Edward Carmone. I live 752 Center Street on the corner of Center and Wallace. I come before you again to oppose it as I did on the initial approval of this. First of all, I've lived here for 20 -some odd years and 19th Street has been beautified. It's lovely to drive down 19th and see all the day lilies when they're in bloom and the palms. It's lovely. And all of a sudden, we come upon Ubiqus Reporting 2222 Martin Street Suite 212, Irvine, CA 92612 Phone: 949-477-4972 FAX 949-553-1302 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ;OSTA MESA PLANNING COMMISSION MTG, JULY 12, 20$0 this container that's sitting right out in front of God and everybody with all these cans and people and trash and noise going on. It doesn't enhance anything. It doesn't beautify it. It absolutely destroys what the city has spent a lot of money on in trying to correct. We're trying to build a west side. We're trying to create an environment that is family -friendly, and that certainly is not. And now the applicant is asking for an extension, as I understand this, and possibly a second container. To me, that's ridiculous. It's totally out of place. It doesn't belong there. I have no objection to recycling. I think it's a great idea, but not there. And I'm not saying "not in my backyard"; I'm saying not there. It is right smack in the middle of what you tried to create as far as a pleasant environment. It's terrible. Please do not approve this application. Thank you. MR. RIGHEIMER: Thank you. Just for clarification, this item's actually come up because some planning commissioners have gotten so many calls that the Planning Commission has Ubiqus Reporting 2222 Martin Street Suite 212, Irvine, CA 92612 Phone: 949-477-4972 FAX 949-553-1302 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ;OSTA MESA PLANNING COMMISSION MTG, JULY 12, 2070 brought this item up. Commissioner Mensinger brought this item up to look at; review, modify, or revoke came from the commission here. MR. CARMONE: Thank you. MR. RIGHEIMER: Is there anybody else from the public? MS. CHEN: Good evening. My name is Patricia Chen. I'm with Miles Chen Law Group. I represent the applicant, Garcia Recycling. Obviously, I don't want to waive my opportunity to speak. MR. RIGHEIMER: As the applicant you don't. It's okay. MS. CHEN: All right. So do you want me to make a presentation as to why -- MR. RIGHEIMER: No, I think you just want to tell us you want your extension. We've already seen your letter. MS. CHEN: Okay. Obviously, we had requested an extension so that we can take the time to speak to Cal Recycle, Department of Conservation, and also we'd like to engage the City in further discussions. We plan to use this time to do that and also to poll our Ubiqus Reporting 2222 Martin Street Suite 212, Irvine, CA 92612 Phone: 949-477-4972 FAX 949-553-1302 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ;OSTA MESA PLANNING COMMISSION MTG, JULY 12, 2010 customers as well to see what might work. Garcia Recycling has been working with the City. They will continue to work with the City. They are open to moving the facility if they have the support of the City and the Department of Conservation. So they are trying to be good citizens here and we reserve our right to make a more comprehensive presentation at our next meeting. MR. RIGHEIMER: Okay. So the applicant's asked for a continuance. Do I have a motion -- MR. MCCARTHY: Mr. Chair? MR. RIGHEIMER: Commissioner. MR. MCCARTHY: I move that we continue Item No. 4, review of zoning application ZA-89-25 and ZA-92-10, Minor Conditional Use Permits for Garcia Recycling Center, 739 West 19th St., to the meeting of August 9th. MR. RIGHEIMER: I have a motion. MALE VOICE 4: Second for discussion. MR. RIGHEIMER: I have a second. Any other discussion? MR. MENSINGER: Mr. Chair, since I'm the person who brought this up, I'd be more than Ubiqus Reporting 2222 Martin Street Suite 212, Irvine, CA 92612 Phone: 949-477-4972 FAX 949-553-1302 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ;OSTA MESA PLANNING COMMISSION MTG, JULY 12, 2090 happy to support that extension. MR. RIGHEIMER: Okay. MR. MCCARTHY: Mr. Chair? MR. RIGHEIMER: Commissioner. MR. MCCARTHY: I have a comment in support. I would suggest to Miss Chen that she talk to the neighbors. One of the things that we see on a lot of these is the applicant, or in this case, the respondent, comes back and says we're working really hard with the city, and we've had all this great dialogue with the city, but nobody's talking to the neighbors and listening to the neighbors' concerns, so I would suggest that you reach out and talk to the folks that are impacted by this to the best degree that you can before the August 9th meeting. MS. CHEN: I understand. I'll relay that. MR. FITZPATRICK: Mr. Chair? MR. RIGHEIMER: Commissioner Fitzpatrick. MR. FITZPATRICK: I'm in support of this as well. There's no need for any rush to judgment here. I think that we should take this opportunity to really have a good dialogue and consider a lot of different options. Ubiqus Reporting 2222 Martin Street Suite 212, Irvine, CA 92612 Phone: 949-477-4972 FAX 949-553-1302 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ;OSTA MESA PLANNING COMMISSION MTG, JULY 12, 2010 I, too, would suggest that the applicant really focus on understanding what the residents' issues and concerns are, because this has received a tremendous amount of communication on the subject, and see if we can't come up with some solutions here. I've been on the phone with Cal Recycle and other cities to understand best practices, and visited all the locations. I just think that we should use this time as an opportunity to try and figure out, maybe not necessarily site-specific, but also kind of what it is we want our city to look like now and in the future around recycling, because it's such an important issue and it's obviously high demand. I would encourage the applicant to really be looking at what the issues are and what options may be available to solve those issues. Thank you. MR. MENSINGER: Mr. Chair? MR. RIGHEIMER: Commissioner Mensinger. MR. MENSINGER: Since I'm obviously the commissioner that pulled this item, I want to also weigh in and ask the applicant to focus in Ubiqus Reporting 2222 Martin Street Suite 212, Irvine, CA 92612 Phone: 949-477-4972 FAX 949-553-1302 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ;OSTA MESA PLANNING COMMISSION MTG, JULY 12, 201 on the best practices. After receiving a lot of calls over the last seven months, and a lot of discussions with neighbors like the gentleman that just spoke, and then driving to the site myself, the site certainly has a lot of room to grow. Clearly, it hasn't changed much since 1989 and we'd like to see recycling centers in the city, and we'd like to see recycling centers conceptually throughout the whole community, because we believe in that. A lot of us, Commissioner Fitzpatrick and myself, are certified green consultants. The issue is not the recycling, the issue is the condition of the center and the effect on the surrounding neighbors and best practices in the community today. Thank you. MR. RIGHEIMER: Okay. Seeing this is started in 1992, I guess another month won't be much. Call for the question. THE CLERK: Motion carried 5-0. MR. RIGHEIMER: All right. Thank you very much. It'll be August 9. [END PC MEETING ITEM 4.mp3] Ubiqus Reporting 2222 Martin Street Suite 212, Irvine, CA 92612 Phone: 949-477-4972 FAX 949-553-1302 C E R T I F I C A T E I, JILL M. RAUSCH, certify that the foregoing transcript of COSTA MESA PLANNING COMMISSION MEETING, JULY 12, 2010, was prepared using standard electronic transcription equipment and is a true and accurate record. Signature Date 8-24-10