SOUNDING OFF:Council, Commission mistreating developers

In a brief article (“Council rules against condo sales without changes,” Aug. 24) reporter Alicia Robinson capsulizes the events at their meeting Aug. 21 that led to the 3-2 vote by the City Council to uphold the decision by the Planning Commission to approve developer Barry Saywitz’ plan to convert a 12-unit apartment complex to owner-occupied condos only if he demolishes 25% of the units to provide more parking.

Basically, they approved a project he cannot afford to build.

Unfortunately, Robinson’s article doesn’t provide a description of the path Saywitz was forced to take to reach that point last Tuesday. Over the past several months I’ve watched the proceedings on this particular project as it was presented to the Planning Commission and the City Council — twice, each. I must say Saywitz, who maintained professional decorum through it all, was treated shabbily by both bodies, and by the Planning Commission in particular. Rookie Commissioner, Daily Pilot columnist and one-year resident of Costa Mesa James Righeimer has consistently treated Saywitz with aggression and disrespect not witnessed in a Planning Commission meeting within recent memory.

In a recent meeting, for example, former Mayor and Chairman Donn Hall was forced to quiet Righeimer as he attacked Saywitz repeatedly from the dais.

As a successful developer in this city, Saywitz has played by the rules on this project. It was in the pipeline before the moratorium was instituted by the City Council. As such, he was required to follow the rules in place at the time. Although he asked for not a single variance on this project, the Commission and Council chose to saddle him with more than two dozen “conditions of approval” before they would give their begrudging approval — and that came only after they chopped 25% of the units and, according to Saywitz, all his profit from this project. His choice now is to simply continue to rent the units as apartments and perpetuate the imbalance of renters vs. owners in this city or to seek relief from the courts.

At the end of the discussion, when City Attorney Kim Barlow affirmed that option, it certainly appeared Saywitz is ready to take legal action in this matter.

Our current City Council majority and their surrogates on the Planning Commission have certainly made some questionable calls recently when it comes to development. During the process of launching the much-ballyhooed Westside plans their buzz phrase was “market forces” would determine the appropriate uses of the properties in those areas. Then, when the market forces began taking a different tack than they had anticipated, they slapped a moratorium on any condo conversions throughout the city until they could make up some new rules.

In the meantime, Saywitz and other developers are left dangling in the wind, with significant expenses incurred, as the Commission and Council attempt to inflict rules that do not yet exist on pending projects.

This kind of micro-management and capricious exercise of authority will only make Costa Mesa a less appealing place for developers to try to do business. Yes, we want improvement in this city, but not at the expense of trampling people’s rights.

The mayor and his majority, with their “we-know-what’s-good-for-you” attitude, seem intent on conducting business in this city as though it were a dictatorship — a fact that should make us all very nervous.