HomeMy WebLinkAboutHO2012-002 1499 Monrovia Abatement ExtensionRESOLUTION NO. HO 2012- 002
A RESOLUTION OF A HEARING OFFICER OF THE CITY
OF NEWPORT BEACH APPROVING THE ABATEMENT
EXTENSION PERIOD FOR THE PROPERTY LOCATED AT
1499 MONROVIA AVENUE (PA 2011 -152)
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 by Kenneth M Kaplan, the owner of property
located at 1499 Monrovia Avenue, and legally described as Parcel 2 of Lot Line
Adjustment 2007 -002, 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
(February 1, 2022). 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 February 1, 2012, 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 and the
ability: to negotiate leases (which currently expire in September 2012), or to renegotiate
the financing of the property (which will come due within the next year). Based on the
information submitted by the applicant, staff recommends that an extension of 10 years
for the abatement of the current use is necessary to avoid an unconstitutional taking of
City of Newport Beach
Hearing Officer Resolution
Abatement Extension — Kaplan Property
(1499 Monrovia Avenue)
Page 2 of 3
the applicant's property; and to avoid the economic hardship that will result by the
abatement of the nonresidential use which provides rental income.
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, 6 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 49 years prior to the 2006 update; and was not
subject to abatement until 2008.
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 age and configuration of 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 uses remain beyond
the one year abatement period.
Facts in Support of Finding: The property is located in an area that is occupied
nonresidential uses, residential uses and public institutions; including the Coastline
Community College Project and Banning Ranch Project, and residential and mobile
home park uses (across Monrovia Avenue). Continued commercial use of the subject
property is compatible with the surrounding uses and will not have negative impact or
pose harm on the neighboring residential and nonresidential uses in the vicinity.
5. The cost and feasibility of relocating the uses to another site cannot be
accommodated within the one -year abatement period.
Facts in Support of Finding: The relocation of the existing uses would be costly since
there are no buildings of comparable size (17,000 square feet) in the Newport Mesa
Area to accommodate the tenant's needs. Consequently, relocation of the existing uses
would result in the additional costs to the existing tenant and result in a substantial loss
of revenue to the property owner.
WHEREAS, this activity has been determined to be categorically exempt under
the requirements of the California Environmental Quality Act under Class 1 (Existing
1':AUSCRSVPLN' \SlavedAI'A'sVPAs - 2011APA201 I- I52VI:1N'AL DOCS\PA2011 -152 - Rcso (A'Approval HNAL 1,199 Monrovia Avc- HO 02-01 -
2012.docR
City of Newport Beach
Hearing Officer Resolution
Abatement Extension — Kaplan Property
(1499 Monrovia 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 -152), subject to the findings and
considerations set forth above.
Section 2. The Abatement Period Extension for the property located at 1499 Monrovia
Avenue, and legally described as Parcel 2 of Lot Line Adjustment 2007 -002, is hereby
extended for ten years and will expire on February 1, 2022, 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 1sT
W6ri.L46hri C
(California ,;B
Hearing Ogil
C1,4 I Of 11, n I, � , S brm,-.
Dn
FEBRUARY 2012.
ley, retired Judge
r Court, Orange County)
the City of Newport Beach
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