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RESOLUTION NO. HO2019-001 <br />A RESOLUTION OF THE HEARING OFFICER OF THE CITY OF <br />NEWPORT BEACH, CALIFORNIA, APPROVING REASONABLE <br />ACCOMMODATION NO. RA2019-001 FOR THE PROPERTY <br />LOCATED AT 101 VIA UNDINE (PA2019-050) <br />THE HEARING OFFICER OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS <br />FOLLOWS: <br />SECTION 1. STATEMENT OF FACTS. <br />1. An application was filed by Rhonda Moore ("Applicant"), authorized representative <br />requesting approval of a reasonable accommodation, with respect to property located at <br />101 Via Undine, Newport Beach, California and legally described as Lot 252 in Tract 907 <br />in the City of Newport Beach, County of Orange, State of California, Assessor's Parcel <br />No. 423-251-14 ("Property"). <br />2. The Applicant has submitted a reasonable accommodation application requesting relief <br />from Section 20,30.040 (Fences, Hedges, Walls, and Retaining Walls) and Section <br />21.30.040 (Fences, Hedges, Walls, and Retaining Walls) of the Newport Beach <br />Municipal Code ("NBMC") to allow a hedge along the perimeter of a front yard setback <br />area to exceed the maximum height limit of 42 inches. The additional hedge height is <br />requested to provide an individual with a disability privacy to utilize the yard area on the <br />subject property. <br />3. The Property is designated Single -Unit Residential Detached (RS-D) by the General Plan <br />Land Use Element and is located within the Single -Unit Residential (R-1) Zoning District. <br />4. The Property is located within the coastal zone. The Coastal Land Use Plan category is <br />Single Unit Residential Detached (RSD-C) and it is located within the Single -Unit <br />Residential (R-1) Coastal Zoning District. <br />5. The project is exempt from the requirements of a coastal development permit pursuant to <br />NBMC Section 21.52.035(C) because the hedge is considered accessory to the principle <br />dwelling and would not result in any improvement to the dwelling structure that results in <br />changes in floor area exceeding ten percent (10%) of the existing floor area or ten <br />percent (10%) of the existing height, parking demand, or change the general level of <br />activity within the neighborhood. <br />6. A public hearing was held on July 31, 2019, in the Newport Beach Conference Room <br />(Bay B — 1 st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place <br />and purpose of the hearing was given in accordance with the Ralph M. Brown Act and <br />the NBMC. Evidence, both written and oral, was presented to, and considered by, the <br />Hearing Officer at this hearing. The hearing was held open until Monday, August 5, <br />2019 at 5 PM, to allow for submittal of additional documents and rebuttal thereto. <br />