HomeMy WebLinkAboutHO2011-006 Abatement ExtensionRESOLUTION NO. HO 2019- 006
A RESOLUTION OF A HEARING OFFICER OF THE CITY
OF NEWPORT BEACH APPROVING THE ABATEMENT
EXTENSION PERIOD FOR THE PROPERTY LOCATED AT
1441 SUPERIOR AVENUE (PA 2011 -032)
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 The Rawlins Family Trust, the
owner of property located at 1441 Superior Avenue, and legally described as Portion of
Lot 819, First Addition to Newport Mesa Tract, 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 (December 15, 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 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 (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 specified by the Municipal
Code is not of sufficient duration to amortize the property owner's investment. The
information submitted by the applicant indicates that an extension of 10 years for the
abatement of the current uses is necessary to avoid an unconstitutional taking of the
applicant's property. Subsequently, the ten year period would allow the owner to
transition the current tenants out of the building to accommodate the future project. An
City of Newport Beach
Hearing Officer Resolution
Abatement Extension — Rawlins Trust
(1441 Superior Avenue)
Page 2 of 3
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.
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 with the General
Plan in 2006, 5 years ago, when the City Council adopted Resolution No. 2006 -76
approving the "General Plan Update ". The existing structure and use conformed to the
Land Use Element of the General Plan for the prior 47 years; or was nonconforming and
not subject to abatement.
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
demolishing and building new, or major renovation to provide adequate living areas and
residential parking.
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 occupied by other
nonresidential uses; including office, medical office (across the street) and a skilled
nursing facility. It is anticipated that the continued commercial use of the subject
property is compatible with the surrounding uses and will not 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 applicant indicates that the relocation of the present
nonresidential uses that occupy the building would be costly since there are limited
numbers of comparable vacant storefront units or buildings within the vicinity.
Consequently, relocation of the nonresidential tenants would result in a loss of long term
rental income, especially since a new comprehensive residential or expansion of the
skilled nursing facility or assisted living facility project is not proposed in the immediate
future.
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City of Newport Beach
Hearing Officer Resolution
Abatement Extension — Rawlins Trust
(1441 Superior Avenue)
Page 3 of 3
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- 032), subject to the findings and
considerations set forth above.
Section 2. The Abatement Period Extension for the property located at 1441 Superior
Avenue, and legally described as Portion of Lot 819, First Addition to Newport Mesa 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; 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
In
2011.
.`J'ohn7C. Mo�y, retired Judge
ifornia Superio Court, Orange County)
ring O�ficer fort e City of Newport Beach
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