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RESOLUTION NO. HO2020-001 <br />A RESOLUTION OF THE HEARING OFFICER OF THE CITY OF <br />NEWPORT BEACH, CALIFORNIA, APPROVING AN <br />ADDITIONAL TEN-YEAR ABATEMENT PERIOD EXTENSION <br />FOR THE PROPERTY LOCATED AT 813 EAST BALBOA <br />BOULEVARD {PA2019-186) <br />THE HEARING OFFICER OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS <br />FOLLOWS: <br />SECTION 1. STATEMENT OF FACTS. <br />1. An application was filed by Balboa Realty (Applicant); on behalf of Alex Batley, Aaron <br />Batley, and Arthur Dorr (Owners); requesting approval of an abatement period extension <br />of 10 years in addition to a previous extension until November 30, 2031, with respect to <br />property located at 813 East Balboa Boulevard, and legally described as Lot 7, Block 12, <br />Balboa Tract (Property). <br />2. Newport Beach Municipal Code (NBMC) Section 20.38.100 (Abatement Periods) requires <br />nonconforming nonresidential uses in residential zoning districts to be abated and <br />terminated upon a specified period of time unless that period of time is extended by a <br />resolution from a Hearing Officer after a noticed public hearing to allow the property owner <br />to amortize the owner's investment in the nonconforming property or to avoid an <br />unconstitutional taking of property. <br />3. The Applicant proposes an extension of the required abatement period specified by <br />NBMC Section 20.38.100 (Abatement Periods). Since 1946, the site has been improved <br />with a single-story nonresidential building and use. The Applicant intends to invest in the <br />existing building through interior and exterior modifications and improvements to support <br />a commercial office use of the premises. The Applicant requests to allow the existing <br />nonresidential use to continue for an additional ten year period until November 30, 2031, <br />without abatement. <br />4. The Property is designated Two-Unit Residential by the General Plan (RT) Land Use <br />Element and is located within the Two-Unit Residential Zoning District (R-2). The zoning <br />designation was requested by a prior owner, but no residential use of the property has <br />occurred at any time on the premises. <br />5. The Property is located within the coastal zone. Pursuant to NBMC Subsection <br />21.52.035(C)(2)(g), (Other Existing Structures), the subject tenant improvement is exempt <br />from a coastal development permit as the interior remodel and exterior fa9ade work do not <br />involve an actual or potential risk of substantial adverse environmental impact. The <br />proposed nonresidential use is of commensurate intensity with that existing on the site and <br />the improvements do not change the intensity of use of the structure which has always <br />been a nonresidential use.