HomeMy WebLinkAboutHO2012-003 3355 Via Lido Abatement ExtensionRESOLUTION NO. HO 2012- 003
A RESOLUTION OF A HEARING OFFICER OF THE CITY
OF NEWPORT BEACH APPROVING THE ABATEMENT
EXTENSION PERIOD FOR THE PROPERTY LOCATED AT
3355 VIA LIDO (PA 2011 -153)
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 New Port Townhouse LLLP, the owner of
property located at 3355 Via Lido, and legally described as Portion of Lot 4, Lot 5, and
Portion of abandoned alley of Tract 1117, 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 (2178) 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, since the
current owner recently purchased the property and was recently made aware of the
abatement requirements. The information submitted by the applicant supports that a 10
year abatement period is necessary to avoid an unconstitutional taking of the applicant's
property. The ten year period would allow the owner to recover any remaining
investment in the property to avoid an unconstitutional taking, will allow additional time
City of Newport Beach
Hearing Officer Resolution
Abatement Extension — New Port Beach Townhouse LLLP
(3355 Via Lido)
Page 2 of 3
to process the proposed residential project, and maintain rental income during the time
required to obtain building permits. The 10 year extension period is also consistent with
the period of extension approved in similar applications.
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 49 years prior to the 2006 Update; and was not subject
to abatement until 2010.
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 uses remain 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 and churches; including office (across the street), and restaurant
and retail uses across Via Oporto and Via Malaga. 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 uses to another site cannot be
accommodated within the one -year abatement period.
Facts in Support of Finding: The applicant's submittal indicates that the relocation of the
existing uses would be costly since there are limited numbers of comparable vacant
storefront units or buildings available in the vicinity to accommodate the 31,413 square
feet of on -site tenant space. Consequently, relocation of the existing uses would result
in the additional costs to existing tenants that would be required to enter into new and
potentially less favorable leases or lease terms.
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City of Newport Beach
Hearing Officer Resolution
Abatement Extension — New Pori Beach Townhouse LLLP
(3355 Via Lido)
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 -153), subject to the findings and
considerations set forth above.
Section 2. The Abatement Period Extension for the property located at 3355 Via Lido,
and legally described as Portion of Lot 4, Lot 5, and Portion of abandoned alley of Tract
1117, 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
By:
Hearing
FEBRUARY 2012.
C. W olley, retired Judge
Sape 'or Court, Orange County)
ticer fqr the City of Newport Beach
I � 'Citytle-rk
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