HomeMy WebLinkAboutHO2011-003 Abatement ExtensionRESOLUTION NO. HO 2011- 003
A RESOLUTION OF A HEARING OFFICER OF THE CITY
OF NEWPORT BEACH APPROVING THE ABATEMENT
EXTENSION PERIOD FOR THE PROPERTY LOCATED AT
1526 PLACENTIA AVENUE (PA 2011 -059)
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 Mary Anne Morrison, the owner of
property located at 1526 Placentia Avenue, and legally described as Parcel 1 of PM -124-
25, requesting an extension of the abatement period specified by the NBMC Section
20.38.100. If granted, the extension will allow the continued operation of existing
commercial use for ten years from the date of the Hearing Officer's approval (November
30, 2021). The property is located in the RM (2420) Zoning District, 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 (C.4(c)) 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 provided by the Municipal
Code is not of sufficient to amortize the property owner's investment due to the existing
term of the lease agreement. An extension period for the term of the lease is necessary
to avoid economic hardship that will result if the owner is required to abate the use prior
to expiration of the lease.
City of Newport Beach
Hearing Officer Resolution
Abatement Extension - Morrison
(1526 Placentia Avenue)
Page 2 of 3
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 2006 when the
City Council adopted Resolution No. 2006 -76 approving a General Plan Update. The
existing structure and use conformed to the Land Use Element of the General Plan for
40 years prior to the General Plan Update. 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 building could be modified to accommodate other
commercial or nonresidential uses. However, the current building is not suitable for
conversion from the existing commercial use to a residential building without near total
demolition and major renovation to provide adequate living areas and residential
parking consistent with current Code requirements.
4. No harm to the public will result if the nonresidential use remains beyond
the one year abatement period.
Facts in Support of Finding: The property is located in an area that is currently occupied
by other nonresidential uses; including office, medical office and retail uses included a
convenience /liquor store. The continued commercial use of the subject property, which
has existed for 45 years, is compatible with the surrounding uses and is not likely to
have any negative impact or pose harm on the neighboring residential and
nonresidential uses in the vicinity.
5. The cost and feasibility of relocating the use to another site cannot be
accommodated within the one -year abatement period.
Facts in Support of Finding: The relocation of the present use would be costly since
there is no storefront unit or comparable building within the general vicinity of the
property to accommodate relocation. Consequently, relocation would result in a loss of
clientele and could result in a prolonged loss of revenue as clientele is re- established in
a new location.
WHEREAS, this activity has been determined to be categorically exempt under
the requirements of the California Environmental Quality Act under Class 1 (Existing
F: \USGRS'•.PL\' \Sharnl \PA'S\ PAS - 2011\PA201 i- 059TA201 I- 059 - R"o of Approval FINAL - 11 -JO -201 1 .docx
City of Newport Beach
Hearing Officer Resolution
Abatement Extension - Morrison
(1526 Placentia Avenue)
Page 3 of 3
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 (PA2011 -059), subject to the findings and
considerations set forth above.
Section 2. The Abatement Period Extension for the property located at 1526 Placentia
Avenue, and legally described as Parcel 1 of PM- 124 -25, 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 and the General Plan
Land Use Designation are approved and adopted; 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.
APPROVED AND ADOPTED THIS
ATTEST
gd—jwk ! Nt /2 -a -11
City Clerk
2011.
06-4b ri C. Viool y, retired Judge
alifornia Su ri Court, Orange County)
raring Officor f r the City of Newport Beach
F'd'SERS\PLN Shared \PA's'8As - 20111PA2011- 059\PA2011 -059 - Reso of Appro%al FINAL - 11-30-201 I.docx