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RESOLUTION NO. H02018-002 <br />A RESOLUTION OF THE HEARING OFFICER OF THE CITY OF <br />NEWPORT BEACH DENYING REASONABLE <br />ACCOMMODATION NO. RA2018-002 FOR THE PROPERTY <br />LOCATED AT 1411 NORTH BAY FRONT (PA2018-071) <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 Don Rooten and Joan Rooten (Applicant), requesting <br />approval of a reasonable accommodation, with respect to property located at 1411 North <br />Bay Front, Newport Beach, California and legally described as Lot 21 and the Easterly <br />Half of Lot 20, Block 14, Section 4 Balboa Island, Tract 102 ("Property"). <br />2.The Applicant has submitted a reasonable accommodation application requesting relief <br />from Newport Beach Municipal Code ("NBMC") Section 20.40.090 (Parking Standards <br />for Residential Uses) and Section 21.30.110 (Setback Regulations and Exceptions) to <br />allow the parking/storage of a golf cart within the rear setback abutting an alley. The golf <br />cart storage is requested to provide access and transportation for an individual with a <br />disability living in a residence with legal nonconforming parking. There are no physical <br />alterations or additions proposed to the existing residence or garage as a part of the <br />application. <br />3.The subject property is designated Two-Unit Residential ("RT") by the General Plan Land <br />Use Element and is located within the Balboa Island ("R-BI") Zoning District. <br />4.The subject property is located within the coastal zone. The Coastal Land Use Plan <br />category is Two Unit Residential ("RT-E") and it is located within the Balboa Island ("R­ <br />BI") Coastal Zoning District. <br />5.The project is exempt from the requirements of a coastal development permit pursuant to <br />NBMC Subsection 21.52.035.C because the project would not result in any improvement <br />to the structure that results in changes in floor area exceeding 10 percent of the existing <br />floor area or 10 percent of the existing height, parking demand, or change the general <br />level of activity within the neighborhood. <br />6.A public hearing was held on July 17, 2018 in the Newport Beach Conference Room <br />(Bay B -1st Floor) located at 100 Civic Center Drive, Newport Beach. A notice of time, <br />place and purpose of the hearing was given in accordance with the NBMC. Evidence, <br />both written and oral, was presented to, and considered by, the Hearing Officer at this <br />hearing.