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HomeMy WebLinkAboutHO2011-005 Abatement ExtensionRESOLUTION NO. HO 2011- 005 A RESOLUTION OF A HEARING OFFICER OF THE CITY OF NEWPORT BEACH APPROVING THE ABATEMENT EXTENSION PERIOD FOR THE PROPERTY LOCATED AT 601 IRVINE AVENUE (PA 2010 -147) 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 Dr. Frankenberger, the property owner and tenant, with respect to property located at 601 Irvine Avenue, and legally described as a portion of Lot 18, Newport Heights Tract, requesting an extension of the abatement period specified by the Newport Beach Municipal Code (NBMC) Section 20.38.100, (Abatement Periods). If granted, the extension will allow the continued operation of an existing commercial use for ten years (December 15, 2021). The property is located in the R -1 Zoning District (Single -Unit Residential), where such nonresidential uses are not permitted; and WHEREAS, a public hearing was held on December 15, 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 specified by the Municipal Code is not of sufficient duration to amortize the property owner's investment, especially since the dental office provides the primary income. The applicant indicates that a minimum abatement period of ten years (December 15, 2021) is necessary to recover his investment in the property and to avoid an unconstitutional taking of the owner's property. City of Newport Beach Hearing Officer Resolution Abatement Extension— Dr. Frankenberger (601 Irvine Avenue) Page 2 of 3 2. The length of time the use was operating as a nonconforming use justifies the extension of the abatement period beyond the code specified one year. Facts in Support of Finding: The building was constructed in 1948 as a mixed -use building. It has included a nonresidential use and dwelling unit since its original construction. The property was annexed to the city in 1956. The building and mixed -use have been nonconforming for the last 55 years. Therefore, an extension to the one -year abatement period is justified due to the significant length of time that the nonconforming use has been operating before becoming subject to abatement.. 3. The existing structure is suitable for conversion to an alternate use, as an expansion of the existing residential unit. Facts in Support of Finding: The current portion of the building occupied by the dentist office is suitable for an expansion of the existing residential use without extensive demolition, or major renovation. An expansion of the existing residential use would conform to current Municipal Code requirements pertaining to floor area and parking (two -car garage exists 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 existing mixed -use was established 63 years ago, prior to annexation and has not proven to be incompatible or detrimental to the neighborhood. It is anticipated that the continued dental office use will not have any negative impact on the residential uses or school use 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 located in the vicinity. Consequently, relocation would result in a loss of clientele and could result in a prolonged loss of 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 dental office 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 P: \Users \PL \gtihared \Pi \'s\PAti - 2010\ PA2010- 1., 17\ PI \'ALDOMPA2p10- Id7Reoof Approval -FINAL HO12 -15- 201 l .doex City of Newport Beach Hearing Officer Resolution Abatement Extension — Dr. Frankenberger (601 Irvine Avenue) Page 3 of 3 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 (PA2010 -147), subject to the findings and considerations set forth above. Section 2. The Abatement Period Extension for the property located at 601 Irvine Avenue, and legally described as a Portion of Lot 18, Newport Heights Tract, is hereby extended and will expire on December 15, 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, 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. APPROVED AND ADOPTED THIS 15`" DAY OF DECEMBER 2011. I-t6rrJ"ohn G': WoPlley, retired Judge (California Sul(. rior Court, Orange County) Hearing Offica for the City of Newport Beach ATTt- . I? \User \PL \'1Shared \Pi \'s \PAS - 2010 \PA2010 - 147 \PI\'r\L DOCSTA2010 -147 Rcso o1'Approval- Pi \'AL HO 12-15-201 Ldocx