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RESOLUTION NO. HO 2011- 008 <br />A RESOLUTION OF A HEARING OFFICER OF THE CITY <br />OF NEWPORT BEACH APPROVING THE ABATEMENT <br />(EXTENSION PERIOD FOR THE PROPERTY LOCATED AT <br />1438 SUPERIOR AVENUE "G" (PA 2011-033) <br />WHEREAS, Chapter 20.38.100 of the Newport Beach Municipal Code (NBMC) <br />requires nonconforming nonresidential uses in residential zoning districts to be abated <br />and terminated upon the expiration of time periods identified by the NBMC. Following <br />the issuance of an Abatement Order, Chapter 20.38. 100 provides that a property owner <br />may request an extension of the abatement period in order, to amortize a property <br />owner's investment in the property and avoid an unconstitutional taking of property; and <br />WHEREAS, an application was filed on behalf of The Rawlins Family Trust, the <br />owner of property located at 1455 Superior Avenue "G ", and legally described as Portion <br />of Lot 818, First Addition to Newport Mesa Tract, requesting an extension of the <br />abatement period specified by the NBMC Section 20.38.100. If granted, the extension will <br />allow the continued operation of existing boat storage use to December 31, 2013. The <br />property is located in the RM (2420) Zoning District, where such nonresidential uses are <br />not permitted; and <br />WHEREAS, a public hearing was held on December 15, 2011, in the City Hall <br />Council Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, <br />place and purpose of the meeting was given in accordance with the NBMC and other <br />applicable laws. Evidence, both written and oral, was presented and considered at this <br />meeting; and <br />WHEREAS, the hearing was presided over by Hon. John C. Woolley, retired <br />Judge (California Superior Court, Orange County), Hearing Officer for the City of <br />Newport Beach; and <br />WHEREAS, the findings and considerations of Section 20.38.100 (C.4(c)) of the <br />NBMC and facts in support of the findings and considerations are as follows: <br />1. The length of the abatement period is not appropriate considering the <br />owner's investment in the use; <br />Facts in Support of Finding: The vacant lot is currently utilized as a boat storage facility <br />with a lease term that will expire on August 31, 2013, including lease options. Staff <br />recommends that the abatement extension to December 31, 2013 will accommodate <br />the current lease term and will coincide with the lease term and boat storage facility on <br />the adjacent parcel at 1455 Superior Avenue "J ". <br />