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HomeMy WebLinkAboutHO2011-004 Abatement ExtensionRESOLUTION NO. HO 2011- 004 A RESOLUTION OF A HEARING OFFICER OF THE CITY OF NEWPORT BEACH APPROVING THE ABATEMENT EXTENSION PERIOD FOR THE PROPERTY LOCATED AT 813 EAST BALBOA BOULEVARD (PA 2011 -079) WHEREAS, Chapter 20.38.100 of the Newport Beach Municipal Code (NBMC) requires nonconforming nonresidential uses in residential zoning districts to be abated and terminated upon the expiration of time periods identified by the NBMC: Following the issuance of an Abatement Order, Chapter 20.38.100 provides that a property owner may request an extension of the abatement period in order, to amortize a property owner's investment in the property and avoid an unconstitutional taking of property; and WHEREAS, an application was filed on behalf of Steve Legere, the property owner, with respect to property located at 813 East Balboa Boulevard, and legally described as Lot 7, Block 12, Balboa Tract, requesting an extension of the abatement period specified by the NBMC Section 20.38.100, (Abatement Periods). If granted, the extension will allow the continued operation of an existing commercial use for ten years (November 30, 2021). The property is located in the R -2 Zoning District (Two -Unit Residential), where such nonresidential uses are not permitted; and WHEREAS, a public hearing was held on November 30, 2011, in the City Hall Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and purpose of the meeting was given in accordance with the NBMC and other applicable laws. Evidence, both written and oral, was presented and considered at this meeting; and WHEREAS, the hearing was presided over by Hon. John C. Woolley, retired Judge (California Superior Court, Orange County), Hearing Officer for the City of Newport Beach; and WHEREAS, the findings and considerations of Section 20.38.100 (DA) of the NBMC and facts in support of the findings and considerations are as follows: 1. The length of the abatement period is not appropriate considering the owner's investment in the use; Facts in Support of Finding: The one -year abatement period provided by the Municipal Code is not of sufficient to amortize the property owner's investment due to the existing lease agreement which expires in September 2015, and the investment of the tenant. An extension period for the term of the lease is necessary to avoid economic hardship that will result if the owner is required to abate the use prior to expiration of the lease. City of Newport Beach Hearing Officer Resolution Abatement Extension - Legere (813 East Balboa Boulevard) Page 2 of 4 2. The length of time the use was operating prior to the date of nonconformity justifies the extension of the abatement period beyond the code specified one year. Facts in Support of Finding: The property became nonconforming on August 12, 2003, with the adoption of Ordinance No. 2003 -14 which established the Central Balboa Specific Plan Area (SP -8), and which changed the zoning designation of the subject property from commercial to two -unit residential. Therefore, the building and the use have been nonconforming for the last eight years. The existing structure and use conformed to the Land Use Element of the General Plan and Zoning District for the prior 57 years. An extension to the one -year abatement period is justified due to the significant length of time that the use was operating in conformance with the General Plan. 3. The existing structure is not suitable for conversion to an alternate use. Facts in Support of Finding: The current building is not suitable for conversion from the existing commercial use to a residential building without demolishing and building new, or major renovation to provide adequate living areas and residential parking. Any new residential use would have to comply with all current municipal requirements, including height, floor area and parking. The current designations would allow up to two dwelling units and require four garage parking spaces on site. 4. No harm to the public will result if the nonresidential use remains beyond the one year abatement period. Facts in Support of Finding: The subject property is located on the edge of the Central Balboa commercial area, however, residential land uses are found directly across the alley to the south and directly abutting the property east. Commercial and residential properties in close proximity to one another are common in the Central Balboa area. Additionally, the day spa which occupies the subject property has been in operation for six years and the neighboring commercial uses have been operating for many years and not been detrimental to the neighborhood. The continued commercial use of the subject property will remain compatible with the surrounding uses and is not likely to have any negative impact on the uses in the vicinity. 5. The cost and feasibility of relocating the use to another site cannot be accommodated within the code specified one year abatement period. Facts in Support of Finding: The relocation of the present use would be costly since there is no storefront unit or comparable building within the vicinity. Consequently, relocation would result in a loss of clientele and could result in a prolonged loss of F:SUSFRSIPI- vSShared \PA'sVl'As - 2011 \PA2011 - 079 \PA2011 -079 Reso of Approval FI \AL. - 1 1 -30-2011. docx City of Newport Beach Hearing Officer Resolution Abatement Extension - Legere (813 East Balboa Boulevard) Page 3 of 4 revenue as clientele is re- established in a new location. In addition, the costs associated with the improvements made to the interior of the structure to accommodate the day spa use would also be lost or not fully recovered by relocation. WHEREAS, this activity has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing Facilities). This class of projects has been determined not to have a significant effect on the environment and is exempt from the provisions of CEQA. This activity is also covered by the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment (Section 15061(b)(3) of the CEQA Guidelines. It can be seen with certainty that there is no possibility that this activity will have a significant effect on the environment and therefore it is not subject to CEQA. NOW THEREFORE, BE IT RESOLVED: Section 1. The Hearing Officer of the City of Newport Beach hereby approves the requested Abatement Period Extension (PA2011 -079), subject to the findings and considerations set forth above. Section 2. The Abatement Period Extension for the property located at 813 East Balboa Boulevard, and legally described as Lot 7, Block 12, Balboa Tract, is hereby extended and will expire on November 30, 2021, at which time all nonresidential use of the property shall cease or the building be demolished, unless an additional extension of the abatement period is granted; or an appropriate change in the Zoning District, the Land Use Plan of the Local Coastal Program, and the General Plan Land Use Designation are approved and adopted prior to that date; or a change to the Zoning Regulations pertaining to nonconforming uses or their abatement are approved and adopted prior to that date. Section 3. This action shall become final and effective fourteen (14) days after the adoption of this Resolution unless within such time an appeal is filed with the City Clerk in accordance with the provisions of Title 20, Planning and Zoning, of the Newport Beach Municipal Code. F:1CS1716'81-\'Shared \PA's \PAs - 2011 \PA2011 - 079 \13A2011 -079 Reso Of Approval F1 \AI -- 1 I- 330 -201 I.doex City of Newport Beach Hearing Officer Resolution Abatement Extension - Legere (813 East Balboa Boulevard) Page 4 of 4 APPROVED AND ADOPTED THIS 30th DAY OF , _NOVEMBER 2011. By: _ o II retired Judge (California Super' r ourt. Or County) Hearing Office or th City of Newport Beach ATTEST: r . �a a•I� City Clerk F. I SFR1 Pi Y Shared', PA's \PAs - 2011tPA2011.079\PA2011 -079 Reso of Appro%al FIXAI. - 1 1 -30 -201 1 .docx