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HomeMy WebLinkAboutHO2011-003 Abatement ExtensionRESOLUTION NO. HO 2011- 003 A RESOLUTION OF A HEARING OFFICER OF THE CITY OF NEWPORT BEACH APPROVING THE ABATEMENT EXTENSION PERIOD FOR THE PROPERTY LOCATED AT 1526 PLACENTIA AVENUE (PA 2011 -059) 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 Mary Anne Morrison, the owner of property located at 1526 Placentia Avenue, and legally described as Parcel 1 of PM -124- 25, 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 (November 30, 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 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 (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 provided by the Municipal Code is not of sufficient to amortize the property owner's investment due to the existing term of the lease agreement. 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 - Morrison (1526 Placentia Avenue) Page 2 of 3 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 in 2006 when the City Council adopted Resolution No. 2006 -76 approving a General Plan Update. The existing structure and use conformed to the Land Use Element of the General Plan for 40 years prior to the General Plan Update. 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 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 near total demolition and major renovation to provide adequate living areas and residential parking consistent with current Code requirements. 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 currently occupied by other nonresidential uses; including office, medical office and retail uses included a convenience /liquor store. The continued commercial use of the subject property, which has existed for 45 years, is compatible with the surrounding uses and is not likely to 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 relocation of the present use would be costly since there is no storefront unit or comparable building within the general vicinity of the property to accommodate relocation. 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. WHEREAS, this activity has been determined to be categorically exempt under the requirements of the California Environmental Quality Act under Class 1 (Existing F: \USGRS'•.PL\' \Sharnl \PA'S\ PAS - 2011\PA201 i- 059TA201 I- 059 - R"o of Approval FINAL - 11 -JO -201 1 .docx City of Newport Beach Hearing Officer Resolution Abatement Extension - Morrison (1526 Placentia 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 -059), subject to the findings and considerations set forth above. Section 2. The Abatement Period Extension for the property located at 1526 Placentia Avenue, and legally described as Parcel 1 of PM- 124 -25, 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 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 ATTEST gd—jwk ! Nt /2 -a -11 City Clerk 2011. 06-4b ri C. Viool y, retired Judge alifornia Su ri Court, Orange County) raring Officor f r the City of Newport Beach F'd'SERS\PLN Shared \PA's'8As - 20111PA2011- 059\PA2011 -059 - Reso of Appro%al FINAL - 11-30-201 I.docx