HomeMy WebLinkAboutHO2011-004 Abatement ExtensionRESOLUTION NO. HO 2011- 004
A RESOLUTION OF A HEARING OFFICER OF THE CITY
OF NEWPORT BEACH APPROVING THE ABATEMENT
EXTENSION PERIOD FOR THE PROPERTY LOCATED AT
813 EAST BALBOA BOULEVARD (PA 2011 -079)
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 Steve Legere, the property owner,
with respect to property located at 813 East Balboa Boulevard, and legally described as
Lot 7, Block 12, Balboa 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 continued operation of an existing commercial use for ten years (November 30,
2021). 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 (DA) 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
lease agreement which expires in September 2015, and the investment of the tenant.
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 - Legere
(813 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 on August 12, 2003,
with the adoption of Ordinance No. 2003 -14 which established the Central Balboa
Specific Plan Area (SP -8), and which changed the zoning designation of the subject
property from commercial to two -unit residential. Therefore, the building and the use
have been nonconforming for the last eight years. The existing structure and use
conformed to the Land Use Element of the General Plan and Zoning District for the prior
57 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. 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 of Finding: The subject property is located on the edge of the Central
Balboa commercial area, however, residential land uses are found directly across the
alley to the south and directly abutting the property east. Commercial and residential
properties in close proximity to one another are common in the Central Balboa area.
Additionally, the day spa which occupies the subject property has been in operation for
six years and the neighboring commercial uses have been operating for many years
and not been detrimental to the neighborhood. The continued commercial use of the
subject property will remain compatible with the surrounding uses and is not likely to
have any negative impact on the uses in the vicinity.
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 use would be costly since
there is no storefront unit or comparable building within the vicinity. Consequently,
relocation would result in a loss of clientele and could result in a prolonged loss of
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City of Newport Beach
Hearing Officer Resolution
Abatement Extension - Legere
(813 East Balboa Boulevard)
Page 3 of 4
revenue as clientele is re- established in a new location. In addition, the costs associated
with the improvements made to the interior of the structure to accommodate the day spa
use would also be lost or not fully recovered by relocation.
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 (PA2011 -079), subject to the findings and
considerations set forth above.
Section 2. The Abatement Period Extension for the property located at 813 East
Balboa Boulevard, and legally described as Lot 7, Block 12, Balboa 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.
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City of Newport Beach
Hearing Officer Resolution
Abatement Extension - Legere
(813 East Balboa Boulevard)
Page 4 of 4
APPROVED AND ADOPTED THIS 30th DAY OF , _NOVEMBER 2011.
By: _
o II retired Judge
(California Super' r ourt. Or County)
Hearing Office or th City of Newport Beach
ATTEST:
r
. �a a•I�
City Clerk
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