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HomeMy WebLinkAboutHO2018-001 - Approving the reasonable accomodation for the property located at 205 North Bay FrontRESOLUTION NO. H02018-001 A RESOLUTION OF THE HEARING OFFICER OF THE CITY OF NEWPORT BEACH APPROVING REASONABLE ACCOMODATION NO. RA2018-001 FOR THE PROPERTY LOCATED AT 205 NORTH BAY FRONT (PA2018-069) THE HEARING OFFICER OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1.An application was filed by Jeff Benson, Architect on behalf of Marvin and Jill Landon, requesting approval of a reasonable accommodation, with respect to property located at 205 North Bay Front, Newport Beach, California and legally described as Lot 3 in Block 4 of the Re-Subdivision of Section 1 of Balboa Island in the City of Newport Beach, County of Orange, State of California, as per map recorded in Book 6, Page 30 of Miscellaneous Maps, in the office of the County Recorder of said Orange County, Assessor's Parcel No. 050-022-22 ("Property"). 2.The applicant has submitted a reasonable accommodation application requesting relief from the Newport Beach Municipal Code ("NBMC") Section 20.18.030 (Residential Zoning Districts General Development Standards) and Section 21.18.030 (Residential Coastal Districts General Development Standards) to allow the addition of an elevator to exceed the maximum allowed floor area for an existing single-family home. The proposed elevator is approximately five feet (5') wide, adding 40 square feet to the existing 3,403-square-foot single-family dwelling. The existing dwelling and new elevator meet all other Zoning Code and Local Coastal Program requirements including setbacks and height. The elevator is requested to provide access to the residence for an individual with a disability. 3.The 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 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 Section 21.52.035.C because the project would not result in any improvement to the structure that results in changes in floor area exceeding ten percent (10%) of the existing floor area or ten percent (10%) of the existing height, parking demand, or change the general level of activity within the neighborhood. 6.A public hearing was held on June 26, 2018, in the Newport Beach Conference Room (Bay B - 151 Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the hearing was given in accordance with the Newport Beach Hearing Officer Resolution No. HO2018-001 Page 2 of 7 Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Hearing Officer at this hearing. SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1.This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 under Class 1 (Existing Facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. 2.The project involves a minor addition and alterations to an existing single-family residence involving the addition of an elevator. SECTION 3. REQUIRED FINDINGS. In accordance with NBMC Section 20.52.070(0)(2), the following findings and facts in support of such findings are set forth: Finding: A.That the requested accommodation is requested by or on behalf of one or more individuals with a disability protected under the Fair Housing Laws. Facts in Support of Finding: 1.A letter from Gregory Tchejeyan, MD has been submitted by the applicant supporting this claim and the need for convenient elevator access. The statement indicates that due to the severity of the use of the knees that the doctor recommends avoidance of stairs and the use of elevators instead. The installation of an elevator is necessary for the individual to access the upper levels of the home, including bedrooms. The report from Dr. Tchejeyan supports a finding that the severity of the condition of the resident's knees meets the Fair Housing definition of "disability" in that this condition substantially limits the major life activity of "walking." Finding: B.That the requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling. Facts in Support of Finding: 04-24-18 1 . The addition of the wheel chair accessible elevator is needed to gain access to the upper levels of the residence for a person with a disability to more fully enjoy the Hearing Officer Resolution No. HO2018-001 Page 3 of 7 use of the home. All of the bedrooms and recreation areas are located on the upper levels. 2.In a letter dated May 2, 2018, by Jeff Benson the project architect, states that alternative elevator locations within the existing area of the home are infeasible due to the existing unique configuration of a split vertical circulation. The existing configuration includes one stairway between the first and second floors, a separate stairway for the circulation between the second floor and the roof deck, and one .hallway between the two stairs. Locating the elevator within the existing area would disrupt the existing wheelchair accessible hallways, create loss of use of primary living spaces, and would cause unknown structural alterations with dramatically higher construction costs. 3.With consideration of the factors provided by NBMC Section 20.52.070(0)(3-4), the requested reasonable accommodation is necessary to provide the disabled individual an equal opportunity to use and enjoy a dwelling. If the requested accommodation is granted, the disabled person will be able to access the upper levels of the residence, thereby enhancing their quality of life. Any modifications necessary to make the upper levels accessible cannot be accommodated within the existing residence without more significant disruption to the interior of the home and could be impossible given the existing layout. Approval of the accommodation will not alter the character of the neighborhood, because the 40-square-feet addition is a nominal increase (1 percent) in floor area, complies with applicable setback and height limitations, and retains a design, bulk, and scale of development that is consistent with the surrounding neighborhood pattern of development. Furthermore, the addition of the elevator will not increase traffic or affect on-site parking. Finding: C.That the requested accommodation will not impose an undue financial or administrative burden on the City as "undue financial or administrative burden" is defined in Fair Housing Laws and interpretive case law. Facts in Support of Finding: 1.Allowing the construction of an elevator and exceeding maximum floor area by 40 square feet would not impose an undue financial or administrative burden on the City. The administrative costs of processing the building permit will be offset by normal building permit fees. Finding: D.That the requested accommodation will not result in a fundamental alteration in the nature of the City's zoning program, as "fundamental alteration" is defined in Fair Housing Laws and interpretive case law. 04-24-18 Hearing Officer Resolution No. HO2018-001 Page 4 of 7 Facts in Support of Finding: 1.The proposed accommodation would not result in any fundamental alterations to the character and use of home or the neighborhood. The new elevator area is within an existing patio area within a cut-out of the existing dwelling, about halfway down the northwesterly side of the property and is not visible from the street or from the bay. The new area is partially covered by existing second floor area and the new footprint will extend approximately five feet (5') by five feet (5') into the existing patio area. The existing dwelling and the new elevator will meet all of the code requirements for height and setbacks. 2.The proposed elevator represents a nominal increase in floor area (one percent) and would not intensify the existing single-unit residential use of the property; therefore, the requested accommodation would not undermine the express purpose or land use identified by the City's General Plan. Finding: E.That the requested accommodation will not, under specific facts of the case, result in a direct threat to the health or safety of other individuals or substantial physical damage to the property of others. Facts in Support of Finding: 1.The elevator would be constructed in accordance with the required Building and Safety Codes; therefore, the proposed project would not pose a threat to the health or safety of other individuals or substantial physical damage to the property of others. The approval of this reasonable accommodation is conditioned such that the applicant is required to obtain all necessary permits in accordance with the Building Code and other applicable codes. 2.The proposed deviation from development standards, exceeding the floor area limit by 40 square feet, is within an existing patio area that will be partially covered by existing second floor area. The elevator fits into the existing design of the dwelling, does not encroach into the setback areas and is compliant with the height limitations of the Zoning Code. The structure has not proven to be detrimental to the occupants of the property, nearby properties, neighborhood, or City. Finding: F.For housing located in the coastal zone, a request for reasonable accommodation under this section may be approved by the City if it is consistent with the findings provided in subsection (0)(2) of this section; with Chapter 3 of the California Coastal Act of 1976; with the Interpretative Guidelines for Coastal Planning and Permits established by the California Coastal Commission dated February 11, 1977, and any subsequent amendments, under the Local Coastal Program. 04-24-18 Hearing Officer Resolution No. HO2018-001 Page 5 of 7 Facts in Support of Finding: 1.Pursuant to Section 21.16.020.E, (Reasonable Accommodations) of the Local Coastal Program Implementation Plan, the review authority may grant reasonable accommodations to the City's coastal zoning and land use regulations, policies, and practices when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling in compliance with Federal and State Fair Housing Laws. 2.Pursuant to NBMC Section 21.52.035.C.1, the project is exempt from the requirements from a coastal development permit since the modifications to the existing residence do not result in an increase of gross floor area, height, or bulk of the structure by more than ten percent (10%). 3.There are no feasible alterations for providing an accommodation at the dwelling that would provide greater consistency with the Certified Local Coastal Program. Any modifications necessary to make the upper levels accessible cannot be accommodated without more significant disruption to the interior of the home, including wheelchair accessible hallways, significant structural alterations and dramatically increased construction cost that may render the project infeasible. Furthermore, the resulting design, bulk, and scale of development maintains a building envelope consistent with the existing neighbor character and will not degrade the impacts to public views or coastal access. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1.The Hearing Officer of the City of Newport Beach hereby approves Reasonable Accommodation No. RA2018-001, subject to the conditions set forth in Exhibit A, which is attached hereto and incorporated by reference. 2.This action shall become final and effective 14 days following the date this Resolution was adopted unless within such time an appeal is filed with the City Clerk in accordance with the provisions of NBMC Title 20 Planning and Zoning. PASSED, APPROVED, AND ADOPTED THIS 25th DAY OF JUNE, 2018. Edward J. Johnson 04-24-18 PLANNING Hearing Officer Resolution No. HO2018-001 Page 6 of 7 EXHIBIT "A" CONDITIONS OF APPROVAL 1.The development shall be in substantial conformance with the approved site plan, floor plans and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval). 2.The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recently, City-adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. 3.The reasonable accommodation shall lapse if the exercise of rights granted by it are discontinued for at least one hundred eighty (180) consecutive days. 4.If the person(s) initially occupying the residence vacates or conveys the property for which the reasonable accommodation was granted, the reasonable accommodation shall remain in effect only if the Director determines that the modifications authorized by this reasonable accommodation application are physically integrated into the residential structure and cannot be easily removed or altered to make the residence comply with the Zoning Code. 5.The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 6.The applicant shall comply with all federal, state, and local laws. Material violation of any of those laws in connection with the use may be cause for revocation of this Use Permit. 7.A copy of the Resolution, including conditions of approval set forth in this Exhibit "A", shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 8.This approval shall expire and become void unless exercised within 24 months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of NBMC Title 20 Planning and Zoning. 9.To the fullest extent permitted by law, applicant shall indemnify, defend and hold harmless City, its City Council, its boards and commissions, officials, officers, employees, and agents from and against any and all claims, demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever which may arise from or in any manner relate (directly or indirectly) to City's approval of Landon Elevator Addition including, but not limited to, 04-24-18 04-24-18 Hearing Officer Resolution No. HO2018-001 Page 7 of 7 Reasonable Accommodation No. RA2018-001 (PA2018-069). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition.