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<br /> <br />RESOLUTION NO. HO2017-001 <br /> <br />A RESOLUTION OF THE HEARING OFFICER OF THE CITY OF <br />NEWPORT BEACH APPROVING AN ABATEMENT PERIOD <br />EXTENSION FOR THE PROPERTY LOCATED AT 1441 <br />SUPERIOR AVENUE (PA2017-143) <br /> <br />THE HEARING OFFICER OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS <br />FOLLOWS: <br /> <br />WHEREAS, Chapter 20.38.100 of the Newport Beach Municipal Code (NBMC) requires <br />nonconforming nonresidential uses in residential zoning districts to be abated and terminated <br />upon a specified period of time unless that period of time is extended by a resolution from the <br />Hearing Officer after a noticed public hearing to allow the property owner to amortize the owner’s <br />investment in the nonconforming property or to avoid an unconstitutional taking of property; and <br /> <br />WHEREAS, an application was filed by Lisa DeLormier, with respect to property located at 1441 <br />Superior Avenue, and legally described as a Portion of Lot 819, First Addition to Newport Mesa <br />Tract. The applicant requests approval of an abatement period extension to 2045, a lengthening <br />of the abatement period for 24 years in addition to a previous extension ending December 15, <br />2021. The subject property is located within the RM (Multi-Unit Residential) Zoning District and <br />the General Plan Land Use Element category is RM (Multiple-Unit Residential). The subject <br />property is not located within the coastal zone; and <br /> <br />WHEREAS, the applicant proposes an extension of the required abatement period specified by <br />Section 20.38.100 (Abatement Periods) of the Newport Beach Municipal Code as previously <br />extended as noted above. The property is now, and at all times since 1959 been improved with <br />an approximately 8,233 square-foot office building. The applicant requests to allow the existing <br />nonresidential use to continue to December 15, 2045, without abatement; and <br /> <br />WHEREAS, a properly noticed public hearing was held on September 27, 2017, in the Crystal <br />Cove Conference Room (Bay D-2nd Floor) of the Newport Beach City Hall facility located at <br />100 Civic Center Drive, Newport Beach, CA. Evidence, both written and oral, including a <br />written staff report and testimony from the property owner was presented and considered by <br />the Hearing Officer, William B. Conners; and <br /> <br />WHEREAS, the findings and considerations required to be considered by the Hearing Officer <br />pursuant to NBMC Section 20.38.100.C.4.c. together with facts and information in support of <br />such findings are set forth following: <br /> <br />A. Is the length of the abatement period appropriate considering the owner's investment in the <br />use? <br /> <br />Finding: Yes. The office building has occupied the site for the past 58 years. The property <br />owner also owns the building and adjacent property at 1445 Superior Avenue which is occupied <br />by a convalescent hospital and is a conforming use. The lease of the convalescent hospital <br />expires on December 31, 2045. The uses at 1441 Superior Avenue have the benefit of using <br />parking spaces at 1445 Superior Avenue pursuant to the existing lease.