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HomeMy WebLinkAboutHO2011-002 Abatement ExtensionRESOLUTION NO. HO 2011- 002 A RESOLUTION OF A HEARING OFFICER OF THE CITY OF NEWPORT BEACH APPROVING THE ABATEMENT EXTENSION PERIOD FOR THE PROPERTY LOCATED AT 313 EAST BALBOA BOULEVARD (PA 2010 -188) 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 Lucinda Boswell, the property owner, with respect to property located at 313 East Balboa Boulevard, and legally described as Lot 12, Block 2, Newport Bay Tract, requesting an extension of the abatement period specified by the NBMC Section 20.38.100, (Abatement Periods). If granted, the extension will allow the property owner to enter into new leases for the nonresidential use of the commercial space for ten years (November 30, 2021), and will not affect the ability to renew, extend or enter into new leases for the residential units. The property is located in the R -2 Zoning. District (Two -Unit Residential), where such nonresidential uses are not permitted; and WHEREAS, a public hearing was held on November 30, 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 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 of the physical improvements performed over the last several years. An extension of the abatement period to ten years is necessary to avoid economic hardship that will result if the owner is required to abate the use and terminate the residential leases prior to expiration to accommodate renovation of the building. City of Newport Beach Hearing Officer Resolution Abatement Extension - Boswell (313 East Balboa Boulevard) Page 2 of 4 2. The length of time the use was operating prior to the date of nonconformity justifies the extension of the abatement period beyond the code specified one year. Facts in Support of Finding: The property became nonconforming in 1989, 22 years ago, when the City Council adopted Ordinance No. 89 -34 that changed the zoning of the subject property from the C -1 District (Commercial) to the R -2 District (Two - Family Residential), to bring the zoning into conformance with the General Plan Amendment 87 -1 (A) adopted on October 24, 1988. The existing structure and use conformed to the Land Use Element of the General Plan for the prior 40 years. An extension to the one - year abatement period is justified due to the significant length of time that the use was operating in conformance with the General Plan. 3. The existing structure is not suitable for conversion to an alternate use. Facts in Support of Finding: The current building is not suitable for conversion from the existing commercial use to a residential building without demolishing and building new, or major renovation to provide adequate living areas and residential parking, and displacement of the current residential tenants. Any new residential use would have to comply with all current municipal requirements, including height, floor area and parking. The current designations would allow up to two dwelling units and require four garage parking spaces on site. 4. No harm to the public will result if the nonresidential use remains beyond the one year abatement period. Facts in Support o f Finding: Th a mixed -use building is located in an area that is occupied by other nearby nonresidential uses; including public utilities and retail uses. It is anticipated that the continued commercial use of the subject property will remain compatible with the surrounding uses and will not have any negative impact on the residential uses in the vicinity, as it has for the past 57 years. The commercial tenant (tattoo parlor) of the mixed -use building, up until September of this year, had been in operation for over 22 years and had not created any negative impact on the neighboring uses. F:IUSERS\PLN \Shared \PA'S \I'AS - 2010\ P. A2010 - 188 '%PA2010- 188ResoorApprm:dFINAL- II- iO- 2011.docx City of Newport Beach Hearing Officer Resolution Abatement Extension - Boswell (313 East Balboa Boulevard) Page 3 of 4 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 residential tenants would occur if a major renovation or reconfiguring of the building was implemented. That the property owner, without the extension of the abatement period, cannot enter into new leases for the commercial spaces and would suffer an extended period of reduced revenue. Construction to combine or reconfigure the building is also affected by the length of the residential leases which would result in a prolonged loss of revenue from both the commercial space and the residential units, if closed for the renovation. 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 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 -188), subject to the findings and considerations, and conditions of approval set forth above. Section 2. The Abatement Period Extension for the property located at 313 East Balboa Boulevard, and legally described as Lot 12, Block 2, Newport Bay Tract, is hereby extended and will expire on November 30, 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, the Land Use Plan of the Local Coastal Program, 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. 1-':\CSEIRS`.PL\ \SharcdlPA'S \PAS- '- 010\PA2010• IRS \PA2010- 188ResoOrApproealfl \AL- 11- 30- 201I.docx APPROVED AND ADOPTED THIS 30th ATTEST: City Clerk 0 i (California Hearing O City of Newport Beach Hearing Officer Resolution Abatement Extension - Boswell (313 East Balboa Boulevard) Page 4 of 4 Y OF NOVEMBER 2011. boll y, retired Judge Irior )pourt, Orange County) for th City of Newport Beach F:U;SERS\PLMShare&PA's \PAs - 20IMPA2010- 1881PA2010 -188 Reso of Approul FINAL - 11-30-201 I.doCx