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City of Newport Beach <br />Hearing Officer Resolution <br />Abatement Extension — Rawlins Trust <br />(1455 Superior Avenue "G ") <br />Page 2 of 5 <br />a. 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 and 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 boat storage is a nonresidential use <br />and therefore subject to abatement. <br />3. The existing structure is not suitable for conversion to an alternate use. <br />Facts in Support of Finding: 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 present <br />boat storage use would be costly since there is no other vacant land or parcel within the <br />vicinity. Staff recommends extension of the abatement period to honor the existing <br />lease obligations and that the boat storage and service use be abated after that. Since <br />there are no structures or other physical improvements, the property owner's cost is <br />minimal, with the exception of the loss of rental income. <br />FAUSERS \PWShared \PA's \PAs - 201 I\PA2011- 033TINAL DM\PA2011 -033 - HO Reso of Approval FINAL - 12 -16 -201 Ldocx <br />