HomeMy WebLinkAboutHO2011-005 Abatement ExtensionRESOLUTION NO. HO 2011- 005
A RESOLUTION OF A HEARING OFFICER OF THE CITY
OF NEWPORT BEACH APPROVING THE ABATEMENT
EXTENSION PERIOD FOR THE PROPERTY LOCATED AT
601 IRVINE AVENUE (PA 2010 -147)
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 Dr. Frankenberger, the property
owner and tenant, with respect to property located at 601 Irvine Avenue, and legally
described as a portion of Lot 18, Newport Heights Tract, requesting an extension of the
abatement period specified by the Newport Beach Municipal Code (NBMC) Section
20.38.100, (Abatement Periods). If granted, the extension will allow the continued
operation of an existing commercial use for ten years (December 15, 2021). The
property is located in the R -1 Zoning District (Single -Unit Residential), where such
nonresidential uses are not permitted; and
WHEREAS, a public hearing was held on December 15, 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 specified by the Municipal
Code is not of sufficient duration to amortize the property owner's investment, especially
since the dental office provides the primary income. The applicant indicates that a
minimum abatement period of ten years (December 15, 2021) is necessary to recover
his investment in the property and to avoid an unconstitutional taking of the owner's
property.
City of Newport Beach
Hearing Officer Resolution
Abatement Extension— Dr. Frankenberger
(601 Irvine Avenue)
Page 2 of 3
2. The length of time the use was operating as a nonconforming use justifies
the extension of the abatement period beyond the code specified one year.
Facts in Support of Finding: The building was constructed in 1948 as a mixed -use
building. It has included a nonresidential use and dwelling unit since its original
construction. The property was annexed to the city in 1956. The building and mixed -use
have been nonconforming for the last 55 years. Therefore, an extension to the one -year
abatement period is justified due to the significant length of time that the nonconforming
use has been operating before becoming subject to abatement..
3. The existing structure is suitable for conversion to an alternate use, as an
expansion of the existing residential unit.
Facts in Support of Finding: The current portion of the building occupied by the dentist
office is suitable for an expansion of the existing residential use without extensive
demolition, or major renovation. An expansion of the existing residential use would
conform to current Municipal Code requirements pertaining to floor area and parking
(two -car garage exists 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 existing mixed -use was established 63 years ago, prior
to annexation and has not proven to be incompatible or detrimental to the
neighborhood. It is anticipated that the continued dental office use will not have any
negative impact on the residential uses or school use 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 located in the vicinity. 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. In addition, the costs associated
with the improvements made to the interior of the structure to accommodate the dental
office 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
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City of Newport Beach
Hearing Officer Resolution
Abatement Extension — Dr. Frankenberger
(601 Irvine Avenue)
Page 3 of 3
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 -147), subject to the findings and
considerations set forth above.
Section 2. The Abatement Period Extension for the property located at 601 Irvine
Avenue, and legally described as a Portion of Lot 18, Newport Heights Tract, is hereby
extended and will expire on December 15, 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 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.
APPROVED AND ADOPTED THIS 15`" DAY OF DECEMBER 2011.
I-t6rrJ"ohn G': WoPlley, retired Judge
(California Sul(. rior Court, Orange County)
Hearing Offica for the City of Newport Beach
ATTt- .
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