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City of Newport Beach <br />Hearing Officer Resolution <br />Abatement Extension - Legere <br />(813 East Balboa Boulevard) <br />Page 2 of 4 <br />2. The length of time the use was operating prior to the date of nonconformity <br />justifies the extension of the abatement period beyond the code specified <br />one year. <br />Facts in Support of Finding: The property became nonconforming on August 12, 2003, <br />with the adoption of Ordinance No. 2003 -14 which established the Central Balboa <br />Specific Plan Area (SP -8), and which changed the zoning designation of the subject <br />property from commercial to two -unit residential. Therefore, the building and the use <br />have been nonconforming for the last eight years. The existing structure and use <br />conformed to the Land Use Element of the General Plan and Zoning District for the prior <br />57 years. An extension to the one -year abatement period is justified due to the <br />significant length of time that the use was operating in conformance with the General <br />Plan. <br />3. The existing structure is not suitable for conversion to an alternate use. <br />Facts in Support of Finding: The current building is not suitable for conversion from the <br />existing commercial use to a residential building without demolishing and building new, <br />or major renovation to provide adequate living areas and residential parking. Any new <br />residential use would have to comply with all current municipal requirements, including <br />height, floor area and parking. The current designations would allow up to two dwelling <br />units and require four garage parking spaces on site. <br />4. No harm to the public will result if the nonresidential use remains beyond <br />the one year abatement period. <br />Facts in Support of Finding: The subject property is located on the edge of the Central <br />Balboa commercial area, however, residential land uses are found directly across the <br />alley to the south and directly abutting the property east. Commercial and residential <br />properties in close proximity to one another are common in the Central Balboa area. <br />Additionally, the day spa which occupies the subject property has been in operation for <br />six years and the neighboring commercial uses have been operating for many years <br />and not been detrimental to the neighborhood. The continued commercial use of the <br />subject property will remain compatible with the surrounding uses and is not likely to <br />have any negative impact on the uses in the vicinity. <br />5. The cost and feasibility of relocating the use to another site cannot be <br />accommodated within the code specified one year abatement period. <br />Facts in Support of Finding: The relocation of the present use would be costly since <br />there is no storefront unit or comparable building within the vicinity. Consequently, <br />relocation would result in a loss of clientele and could result in a prolonged loss of <br />F:SUSFRSIPI- vSShared \PA'sVl'As - 2011 \PA2011 - 079 \PA2011 -079 Reso of Approval FI \AL. - 1 1 -30-2011. docx <br />