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City of Newport Beach <br />Hearing Officer Resolution <br />Abatement Extension — Rawlins Trust <br />(1455 Superior Avenue "J ") <br />Page 2 of 5 <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: This property also became nonconforming with the <br />General Plan in 2006, 5 years ago, when the City Council adopted Resolution No. 2006 <br />76 approving the "General Plan Update ". The existing use conformed to the Land Use <br />Element of the General Plan for the prior 47 years; or was nonconforming and not <br />subject to abatement. The use of the property for the storage of boats is a <br />nonresidential use and therefore subject to abatement. The applicant's request to <br />continue the nonresidential use of the parcel to honor the existing lease terms is <br />appropriate in this case. <br />3. The existing structure is not suitable for conversion to an alternate use. <br />Facts in Support of Findinq: There is no structure on this property and is therefore <br />suitable for the construction of a new residential project or expansion of the adjacent <br />skilled nursing facility or the adjacent assisted living facility. <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 Superior Avenue) and a <br />skilled nursing facility. It is anticipated that the continued boat storage use is not <br />compatible with the adjacent residential uses that overlook the property. That <br />abatement in consideration of the existing lease will eliminate the aesthetic impact on <br />the neighboring residential units and protect the property owner from potential lawsuit <br />that could be caused by abatement prior to expiration of the lease term. Additionally, as <br />conditioned, the outdoor storage and hours of operation will be limited to boats and <br />vehicles. All other storage items, including but not limited to parts and construction <br />materials are to be removed within 45 days of this approval and hours of operation will <br />limit noise impacts on the neighboring residential uses. <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 boat <br />storage use prior to expiration of the current lease could be costly and would result in a <br />loss of clientele, and could result in a prolonged loss of revenue to the property owner. <br />WHEREAS, this activity has been determined to be categorically exempt under <br />the requirements of the California Environmental Quality Act under Class 1 (Existing <br />FAUSERS \PLMSharcd \PA's\PAs - 201 ITA2011- 032\FINAL DOCS\PA2011 -032 - Rcso ol'Approval FINAL 1455 1 - 12-16-2011 <br />