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HomeMy WebLinkAboutHO2018-002 - Denying a reasonable accomodation for the property located at 1411 North Bay FrontRESOLUTION NO. H02018-002 A RESOLUTION OF THE HEARING OFFICER OF THE CITY OF NEWPORT BEACH DENYING REASONABLE ACCOMMODATION NO. RA2018-002 FOR THE PROPERTY LOCATED AT 1411 NORTH BAY FRONT (PA2018-071) THE HEARING OFFICER OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1.An application was filed by Don Rooten and Joan Rooten (Applicant), requesting approval of a reasonable accommodation, with respect to property located at 1411 North Bay Front, Newport Beach, California and legally described as Lot 21 and the Easterly Half of Lot 20, Block 14, Section 4 Balboa Island, Tract 102 ("Property"). 2.The Applicant has submitted a reasonable accommodation application requesting relief from Newport Beach Municipal Code ("NBMC") Section 20.40.090 (Parking Standards for Residential Uses) and Section 21.30.110 (Setback Regulations and Exceptions) to allow the parking/storage of a golf cart within the rear setback abutting an alley. The golf cart storage is requested to provide access and transportation for an individual with a disability living in a residence with legal nonconforming parking. There are no physical alterations or additions proposed to the existing residence or garage as a part of the application. 3.The subject property is designated Two-Unit Residential ("RT") by the General Plan Land Use Element and is located within the Balboa Island ("R-BI") Zoning District. 4.The subject property is located within the coastal zone. The Coastal Land Use Plan category is Two Unit Residential ("RT-E") and it is located within the Balboa Island ("R­ BI") Coastal Zoning District. 5.The project is exempt from the requirements of a coastal development permit pursuant to NBMC Subsection 21.52.035.C because the project would not result in any improvement to the structure that results in changes in floor area exceeding 10 percent of the existing floor area or 10 percent of the existing height, parking demand, or change the general level of activity within the neighborhood. 6.A public hearing was held on July 17, 2018 in the Newport Beach Conference Room (Bay B -1st Floor) located at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the NBMC. Evidence, both written and oral, was presented to, and considered by, the Hearing Officer at this hearing. Hearing Officer Resolution No. H02018-002 Page 2 of 3 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1.Pursuant to Section 15270 of the California Environmental Quality Act (CEQA) Guidelines, projects which a public agency rejects or disapproves are not subject to CEQA review. SECTION 3. REQUIRED FINDINGS. In accordance with Subsection 20.52.070.D.2 of the Newport Beach Municipal Code, required findings must be made in order to approve the reasonable accommodation. In this case, the Hearing Officer was unable to make the required findings based upon the following: The documentation from applicant's physicians, and the evidence and testimony presented at the hearing, do not sufficiently support a finding that appellant has a disability protected under the Fair Housing Laws in that the severity of applicant's condition limiting him to walking only short distances does not substantially effect applicant's equal access to a dwelling in the context of state and federal Fair Housing Laws. The requested accommodation to park a golf cart in the rear yard setback so as to access neighborhood stores and services is not necessary to provide applicant an equal opportunity to use and enjoy his dwelling in that access to stores and services is not within the class of protections intended by Fair Housing Laws, and applicant has other alternatives for accessing neighborhood stores and services such as his family vehicle. An extended abatement period for compliance with existing setback requirements is warranted in the interests of justice in that golf carts are common in the area, with parking enforcement for them somewhat relaxed, and it would be unfair to penalize this applicant for requesting permission to legally do what many others seem to be illegally doing. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1.The Hearing Officer of the City of Newport Beach hereby DENIES Reasonable Accommodation No. RA2018-002, subject to the ORDERS set forth in Item 2 below. 2.The Hearing Officer ORDERS that Mr. Rooten is granted an extended abatement period for compliance with existing setback requirements, to commence with the effective date of this DECISION AND ORDER and to continue for a period of six months. During that abatement period, enforcement of the parking restriction in the rear setback for Mr. Rooten's golf cart, pursuant to Chapter 1.04 (Code Enforcement}, Chapter 20.68 (Zoning Code Administration Enforcement), or other enforcement 2 Hearing Officer Resolution No. H02018-002 Page 3 of 3 provision, is stayed. Between now and the termination of the abatement period, Mr. Rooten shall find another alternative to address his issues and the concerns of the neighbors, as identified in this DECISION AND ORDER. No extensions of time shall be permitted. Any abuse of this stay, such as noise violations or other adverse impacts associated with the golf cart parking, shall be referred to the Hearing Officer, pursuant to section 1.05.070.C.4, for compliance purposes only. All costs for any such review shall be apportioned among parties not prevailing on any Hearing Officer review. This ORDER for an extended abatement period applies only to Mr. Rooten and does not run with the land. Further, this ORDER applies only to the specific golf cart that is the subject of this application. Should Mr. Rooten move from the premises or dispose of this specific golf cart, this extended abatement period shall immediately terminate. 3.This action shall become final and effective fourteen days following the date this Resolution was adopted unless within such time an appeal is filed with the Community Development Director in accordance with the provisions of NBMC Title 20 Planning and Zoning and NBMC Title 21 Local Coastal Program Implementation Plan. PASSED, APPROVED, AND ADOPTED THIS 27th DAY OF AUGUST, 2018. 3