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HomeMy WebLinkAbout01/08/2015 - Hearing Officer The minutes from the January 08, 2015 Hearing Officer meeting to remain as "draft" due to no form of approval. NEWPORT BEACH HEARING OFFICER MINUTES 01/08/2015 NEWPORT BEACH HEARING OFFICER MINUTES 100 Civic Center Drive, Newport Beach Corona del Mar Conference Room (Bay E-1St Floor) Thursday, January 08, 2015 REGULAR HEARING 3:30 p.m. 1. CALL TO ORDER—The meeting was called to order at 3:30 p.m. Present: Bill Conners, Hearing Officer Staff Present: Brenda Wisneski, Deputy Community Development Director Makana Nova,Assistant Planner Brittany Ramirez,Administrative Technician Gregg Ramirez, Senior Planner II. PUBLIC HEARING ITEMS ITEM NO. 1 Kobe, Inc. Abatement Extension (PA2014-191) 1499 Monrovia Avenue CD2 Hearing Officer Conners introduced himself and provided an overview of his procedures and expectations for the meeting. Makana Nova, Assistant Planner, provided a PowerPoint presentation of the applicant's request to extend the current abatement date an additional ten (10) years, from February 1, 2022 to February 1, 2032. She discussed the City's sale of the property to the applicant in October, 2014, surrounding land uses in the vicinity, and the proposed improvements to the existing building. Given the significant cost of improvements that are proposed to the existing structure, she noted that staff recommends approval of the applicant's request. Hearing Officer Conners inquired about development projects in the area such as Banning Ranch. Ms. Nova and Gregg Ramirez, Senior Planner, provided a brief overview of the proposed development tract located to the west of the subject property and clarified that the City has retained ownership over the 60- foot portion at the north end of the subject property. The City has an agreement in place authorizing Kobe, Inc. to utilize the existing parking on this parcel for the duration of the current abatement, which is through February 1, 2022. Ms. Nova proceeded to provide an update of changes proposed to the draft resolution, including clarification of the legal description of the property owned by Kobe, Inc. and the addition of a condition of approval tying the implementation of the proposed building improvements to the abatement extension. She then discussed the written comments submitted by Mr. Jim Mosher including the possibility of changing the Zone and General Plan land use of the property in the future to accommodate commercial use. Ms. Nova agreed with Mr. Mosher's final two (2) grammatical suggestions and recommended that these changes be incorporated into the resolution, should the Hearing Officer choose to grant the applicant's request. The Hearing Officer opened the public hearing. Jesse Encinas, inquired as to whether or not the easement grants access to Banning Ranch. Ms. Nova responded that the portion of the property retained by the City is simply a City-owned parcel at this time. Tom Schottmiller, resident of 16 Wild Goose Court, asked for clarification regarding potential access to Banning Ranch over the City-owned parcel. Ms. Nova responded that, should Banning Ranch be developed, the City could then accommodate an extension of 15th Street over this parcel. Page 1 of 3 The minutes from the January 08, 2015 Hearing Officer meeting to remain as "draft" due to no form of approval. NEWPORT BEACH HEARING OFFICER MINUTES 01/08/2015 The applicant's representative, Scott Wetzel of Jones, Lang, LaSalle, stated that the investment in the property is critical and validates the granting of the extended use of the property. He added that the existing residential land use designation also has some appeal to the applicant and thus, the abatement extension is the request before the hearing officer. Mr. Wetzel noted that he has reviewed the draft resolution and agrees with the proposed conditions of approval. Andrea Fairchild, president of Kobe, Inc., introduced herself and provided a brief overview of the proposed building improvements and presented a series of renderings depicting the project when complete. She expressed Kobe, Inc.'s intent to create a permanent home within the community of Newport Beach. Finally, she introduced Jay Watkins, Chief Financial Officer for Kobe, Inc. The company intends to strengthen US marketing and marketing overseas in China. Hearing Officer Conners asked the applicant if they had reviewed the updated draft resolution and the proposed draft condition of approval. The applicant's representative acknowledged that they had reviewed the language and found it acceptable. Hearing Officer Conners suggested some clarifications to the conditions of approval to further specify the timing for improvements to be implemented in conjunction with this abatement extension. Mr. Schottmiller expressed his support that the existing property nuisances due to the property's ongoing vacancy would be removed. He then inquired about the ongoing use of the property, hours of the use, and the number of people who might frequent the building. Hearing Officer Conners clarified that while interesting, Mr. Schottmiller's questions did not pertain directly to the application regarding the continuation of the existing commercial office use. Andrea Fairchild confirmed that Kobe, Inc. intends to continue to utilize the building as an office space. Todd Dumond, resident of 15 Wild Goose Court, inquired about the chain of ownership of the property. Ms. Fairchild and Ms. Nova confirmed that the City purchased the property several years ago and that the property was then sold from the City of Newport Beach to Kobe, Inc. in October of 2014. George Schroeder, resident of 129 35th Street and board member of the West Newport Beach Homeowner's Association, stated his support for the proposed draft resolution. He mentioned his presence at the City Council Meeting authorizing the sale of the property and noted that he was the only resident to speak in favor of the sale to Kobe, Inc. at that time. He discussed the change of the property to a residential land use under the General Plan Land Use Amendment approved in 2006. He acknowledged the good work by staff in preparing the draft resolution Jesse Encinas, a member from the public, spoke and identified himself as a former employee of the building, beginning in 1970, when it was occupied by Road and Track Magazine. He expressed his belief that the City has made it difficult for the prior tenant to make improvements to the existing building. He stated that the City should accommodate Kobe, Inc. and move to change the zone of the property on a permanent basis rather than proceed with the abatement extension presented today. Mr. Encinas mentioned that the existing building was overbuilt and would take a lot of work to demolish. He stated that he was glad to see that the applicant would be making a significant investment and appropriate improvements to the property. Daniel Hodge, resident at 320 Colton Street, stated his general support of private property rights and the applicant's request. He reiterated the sentiment of Mr. Encinas to change the zone of the property to a commercial use permanently, given the financial investment that the applicant proposes to put into the property. He stated his support for a long term approach to accommodate commercial uses on the property. Hearing Officer Conners clarified that the applicant's request today is a ten (10) year extension to the existing seven (7) year abatement extension. Seeing no other public comments, the Hearing Officer closed the public hearing. Page 2 of 3 The minutes from the January 08, 2015 Hearing Officer meeting to remain as "draft" due to no form of approval. NEWPORT BEACH HEARING OFFICER MINUTES 01/08/2015 Ms. Fairchild thanked members of the public who spoke in support of the project and noted that Kobe, Inc. looks forward to being neighbors in the community. Ms. Nova reiterated that the applicant has the option of applying for a Zoning Code amendment and General Plan land use change but suggested that such an application may be more appropriate several years down the line, given the status of current development projects in the area. Hearing Officer Conners mentioned the lengthy process that is required to authorize a Zone and General Plan land use change and subsequent CEQA review. He noted that this process would be subject to a lengthy public review including the opportunity to comment. Ms. Nova added that the proposed abatement extension would afford the applicant ample time to pursue a permanent land use change, should the applicant choose to make such a request. Kobe Bryant of Kobe, Inc. expressed his excitement for the proposed project coming to the area. Hearing Officer Conners stated his intension to render a decision on the application within a week's time and thanked staff for preparing a draft resolution. He then proceeded to close the hearing. Action: Approved III. PUBLIC COMMENTS ON NON-AGENDA ITEMS None. IV. ADJOURNMENT The hearing was adjourned at 4:10 p.m. The agenda for the Hearing Officer was posted on Tuesday, December 23, 2014, at 11:00 a.m. in the Chambers binder and 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 Tuesday, December 23, 2014, at 10:15 a.m. Page 3 of 3