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.
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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.
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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.
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