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HomeMy WebLinkAbout02-20-2020_HO_MinutesNov 12 2020 2:42pm visionary 8316449974 NEWPORT BEACH HEARING OFFICER MINUTES 100 CIVIC CENTER DRIVE, NEWPORT BEACH BALBOA ISLAND CONFERENCE ROOM (BAY D-1st FLOOR) THURSDAY, FEBRUARY 20, 2020 REGULAR MEETING -10:00 A.M. I. CALL TO ORDER -The meeting was called to order at 10:00 a.m. Present Staff Present William B. Conners, Hearing Officer Patrick Achis1 Planning Technician II. PUBLIC HEARING ITEMS ITEM N0.1 Balboa Realty Abatement Extension (PA2019-186) Site Location: 813 East Balboa Boulevard p.2 Council District 1 The Hearing Officer began the meeting by outlining the procedural process by which the meeting would occur. He explained it includes the presentation of each party's case and finishes with detailing appeal rights of persons unhappy with the result Patrick Achis, Planning Technician, provided a brief project description stating the request is an extension of the required Abatement Period specified by the Newport Beach Municipal Code. The property is located in the Two-Unit Residential (R-2) Zoning District and is developed with an existing 2,613-square-foot nonresidential building. The previously approved abatement extension authorizes nonresidential uses to remain until November 30, 2021. The property owners intend to remodel and reinvest in the existing building to relocate their existing real estate business (Balboa Realty) and request to allow the existing nonresidential use to continue to November 30, 2031, without abatement. The property is located in the coastal zone, but a coastal development permit is not required as the proposed improvements are of commensurate intensity with that existing. If nonresidential use is intended to be permanent on the site, it is recommended that Balboa Realty pursue Zoning Code and General Plan amendments in coming years from the Planning Commission and City Council. Currently, the Housing Crisis Act of 2019 (S8330) forbids the City over the next five years to approve a rezoning that reduces residential potential. Approval of the abatement extension period request is recommended. Alex Batley1 the Applicant and Co-owner, agreed with staffs report and further elaborated justification of the request. Mr. Batley explained the site has been vacant for several years and before then saw a long history of unsuccessful nonresidential operations. Balboa Realty has proven success and compatibility in the Balboa Village neighborhood in that their existing offices are one block away from the proposed site. Building improvements include accessibility upgrades, new partitions, and an updated exterior fac;ade. The subject site's location next to a restaurant-bar and other commercial operations has been undesirable to residential buyers. Additionally I a new residence project would require the existing building on-site to be demolished. In response to the Hearing Officer's questions, Mr. Batley responded approximately $1.2 million was spent to acquire the property and $300,000 are anticipated to be spent for building improvements. No revenue has been made from the property since its purchase in July 2019. Jim Mosher, a member of the public, stated his opposition to the item. He continued that an abatement extension is not an appropriate means for the request. In 2003, the subject property was commercially zoned and nonconforming due to floor area. At that time, a former owner received a zoning amendment from the City Council to change the property from commercial to residential use. Mr. Mosher questioned the timefine and implementation of ordinances listed in Staff's report. The zoning was changed with an expectation that the owner would construct a residence soon thereafter, but the nonresidential structure and operations remained. Page 1 of 3 Nov 12 2020 2:42pm visionary MINUTES OF THE MEETING OF THE NEWPORT BEACH HEARING OFFICER 8316449974 p.3 02/20/2020 Balboa Realty purchased the property to relocate their commercial business knowing it was residentially zoned. The subject site's previous abatement extension that allowed nonresidential use to remain until 2021 was enough time to have amortized an investment1 and so now a zoning code amendment should be required to allow the proposed commercial use. Mr. Mosher conveyed concern about California's housing shortage and reiterated residential units should be developed at the site accordingly. Susan Shapiro1 a member of the public, commented that she lives behind the subject site and questioned how the site's building footprint would be affected by approval. In the past, there have been issues with the narrow alley and commercial trash receptables obstructing vehicular access. Mr. Achis addressed public comments. He clarified the City's nonconforming policies and their relationship to the site over time is accurately represented in the staff report. Implementation of several nonconforming ordinance provisions required the City's Local Coastal Program and Zoning Code to be updated first. In some instances, this took up to several years. Economic and financial feasibility to redevelop the site has changed since it became residentially zoned by the City Council over 17 years ago. The City is sensitive to housing availability and observes compliance with State and federal laws. Only nonresidential uses have occupied the site and no residential units will be demolished by approving this project. Mr. Ach is restated improvements to the structures would not alter the building footprint. Issues relating to maintenance of trash receptacles and alley obstructions can be reported to the Code Enforcement Division, though they are not a foreseeable project impact. Mr. Batley pointed out the 10-year length of the abatement and stated this would give Balboa Realty time to reassess options to rezone or redevelop the property. Enhanced street appeal would result from the exterior fa9ade improvement and a new trash enclosure would mitigate potential impact to nearby residences. An extensive conversation unfolded regarding lack of parking availability in Balboa Village. No off-street parking spaces exist or are proposed for the subject site. Mr. Achis stated Balboa Village contains many older nonresidential developments like this that have nonconforming parking. The City has made strides to revitalize Balboa Village through a number of initiatives, including the formation of an advisory committee. Several City- owned lots and on-street metered spaces help park nonresidential businesses in Balboa Village. Another mentioned example was the parking management overlay for Balboa Vlllage that exempts nonresidential parking requirements meeting specific criteria. Nonresidential is the existing use and will continue if the abatement extension is approved. Parking will not intensify as a result of the abatement period extension. Mr. Mosher noted the parking management overlay is pending approval from the California Coastal Commission. The nonresidential use would put a parking strain on the community and coastal parking as opposed to a residential development that would be required to have at feast two parking spaces. Ms. Shapiro stated that she looked forward to the project after learning more during the meeting and was not concerned about parking impacts. The fac;ade improvements will help the area's appearance and she appreciated that no increased height or bulk is proposed. Affordable housing availability does not seem to be affected by the proj_ect. Mr. Mosher reemphasized his opposition to the project. In response to Ms. Shapiro's comment, he explained the State requires diverse housing. Action: Approved on February 26, 2020 by Resolution No. HO2020-001 Ill. PUBLIC COMMENTS ON NON-AGENDA ITEMS None. Page 2 of 3 Nov 12 2020 2:42pm visionary MINUTES OF THE MEETING OF THE NEWPORT BEACH HEARrNG OFFICER IV. ADJOURNMENT The hearing was adjourned at 11 :42 a. m. 8316449974 p.4 02/20/2020 The agenda for the Hearing Officer was posted on February 14, 2020, at 6:00 p.m. on the digital display board located inside the vestibule of the Council Chambers at 100 Civic Center Drive and on the City's website on February 141 2020, at 6:04. p.m. w --· Page 3 of 3 1-1, INBOUND NOTIFICATION : FAX RECEIVED SUCCESSFULLY *1' TIME RECEIVED November 12, 2020 at 2:53:26 PM PST Nov 12 2020 2:42pm visionary P.O. Box 1521, Pebble Beach, CA 93953 831.601.1100 bslawstuff@yahoo.com fax: 831.644.9974 sbn: 76106 Fax To: Patric Achis, Assistant Planner City of Newport Beach Fax: 949.644.3229 Phone: REMOTE CSID 8316449974 DURATION PAGES STATUS 106 4 Received 8316449974 William B. Conners, Conners & Assoc. From: William B. Conners, Hearing Officer Pages: 4 Minutes re: Decision, PA2019-186 Re: 813 E. Balboa Blvd Date; November 12, 2020 CC: D Urgent X For Review □ Please comment □ Please Reply □ Please Recycle • Comments: p.1 Please see attached minutes fully executed. The original will not follow by regular mail unless requested!, but this facsimile may be used for all purposes. Thanks. Bill Conners