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City of Newport Beach <br />Hearing Officer Resolution <br />Abatement Extension — Rawlins Trust <br />(1441 Superior Avenue) <br />Page 2 of 3 <br />extension period for the term of the lease is necessary to avoid economic hardship that <br />will result if the owner is required to abate the use prior to expiration of the lease. <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 with the General <br />Plan in 2006, 5 years ago, when the City Council adopted Resolution No. 2006 -76 <br />approving the "General Plan Update ". The existing structure and use conformed to the <br />Land Use Element of the General Plan for the prior 47 years; or was nonconforming and <br />not subject to abatement. <br />3. The existing structure is not suitable for conversion to an alternate use. <br />Facts in Support of Finding: The building could be modified to accommodate other <br />commercial or nonresidential uses. However, the current building is not suitable for <br />conversion from the existing commercial use to a residential building without <br />demolishing and building new, or major renovation to provide adequate living areas and <br />residential parking. <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 property is located in an area that is occupied by other <br />nonresidential uses; including office, medical office (across the street) and a skilled <br />nursing facility. It is anticipated that the continued commercial use of the subject <br />property is compatible with the surrounding uses and will not have any negative impact <br />or pose harm on the neighboring residential and nonresidential uses in the vicinity. <br />5. The cost and feasibility of relocating the use to another site cannot be <br />accommodated within the one -year abatement period. <br />Facts in Support of Finding The applicant indicates that the relocation of the present <br />nonresidential uses that occupy the building would be costly since there are limited <br />numbers of comparable vacant storefront units or buildings within the vicinity. <br />Consequently, relocation of the nonresidential tenants would result in a loss of long term <br />rental income, especially since a new comprehensive residential or expansion of the <br />skilled nursing facility or assisted living facility project is not proposed in the immediate <br />future. <br />P: \USIiRS \111.\1Sharcd\PA's \PAs: -201 ITA2011- 032\PINAL UOCSTA2011 -032 - Rcso ol'Approval FINIAL 1441 Superior- 12 -I5 -201 Ldocx <br />