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HomeMy WebLinkAboutHO2016-002 - Reasonable Accommodation No. RA2016-001 - 2294 Channel Road RESOLUTION NO. H02016-002 A RESOLUTION OF THE HEARING OFFICER OF THE CITY OF NEWPORT BEACH APPROVING REASONABLE ACCOMMODATION NO. RA2016-001 FOR THE PROPERTY LOCATED AT 2294 CHANNEL ROAD (PA2016-075) THE HEARING OFFICER OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Charles and Marjorie Ryffel, with respect to property located at 2294 Channel Road, and legally described as Tract 518, Lot 1, Block P, requesting approval of a reasonable accommodation. 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) to allow an elevator to encroach within the required side setback area and to exceed the height limit of an existing single-family home. The proposed elevator is approximately 6 feet 6 inches wide, encroaches into the required side setback area (minimum 4 feet required, 3 feet 6 inches proposed), and exceeds the allowed height for flat roofs (maximum 24 feet permitted, 31 feet 11 inches proposed). The elevator is requested to provide access to the residence for an individual with a disability. The existing residence is nonconforming related to the side setback and height, providing a side setback of 3 feet and a maximum height of 37 feet 2 inches. 3. The subject property is located within the R-1 (Single-Unit Residential) Zoning District and the General Plan Land Use Element category is RS-D (Single-Unit Residential Detached). 4. The subject property is located within the coastal zone. The Coastal Land Use Plan category is RSD-C (Single-Unit Residential Detached). 5. Chapter 20.52.070 (Reasonable Accommodations) of the Newport Beach Municipal Code (NBMC) provides reasonable accommodations in the City's zoning and land use regulations, policies, and practices when needed to provide an individual with any disability an equal opportunity to use and enjoy a dwelling. 6. A public hearing was held on June 27, 2016 in the Corona del Mar Conference Room (Bay E-1st 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 Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Hearing Officer at this meeting. 7. The hearing was presided over by William B. Conners, Municipal Law Consultant, Hearing Officer for the City of Newport Beach. Hearing Officer Resolution No. HO2016-002 Page 2 of 7 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 within the side setback area. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.070(D)(2) of the Newport Beach Municipal Code, the following findings and facts in support of such findings are set forth: Finding: i. 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 Tahseen Mozaffar, MD FAAN has been submitted by the applicant supporting this claim and the need for convenient elevator access. The statement indicates that the property will be occupied by an individual with a disability that results in progressive weakness. The statement also indicates that the installation of an elevator is necessary for the individual to access the upper levels of the home, as a stair lift/chair is no longer providing sufficient access. Finding: ii. 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: 1. The elevator within the side setback is needed to gain reasonable access to the upper levels of the residence for a person with a disability to more fully enjoy the use of the home. Bedrooms and recreation areas are located on the upper levels. 2. In a letter dated April 27, 2016 by Pete Laux of Designdlaux, the project designer states that alternative elevator locations within the home are infeasible due to the age of the home and the unknown structural alterations that would be necessary. 3. With consideration of the factors provided by NBMC Section 20.52.070(D)(3-4), the requested reasonable accommodation is necessary to provide the disabled 05-26-2016 Hearing Officer Resolution No. HO2016-002 Page 3 of 7 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. Approval of the accommodation will not alter the character of the neighborhood, nor will it increase traffic or affect parking. Finding: iii. 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 within the side setback and exceeding maximum height 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: iv. 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. 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 existing home provides nonconforming side setbacks, and the proposed elevator will provide a greater setback than what currently exists. Additionally, the existing residence is nonconforming related to height, and the proposed elevator will have a maximum height below what currently exists. 2. The proposed elevator would not intensify the existing single-unit residential use and therefore would not undermine the express purpose or land use identified by the City's General Plan. Finding: V. 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. 05-26-2016 Hearing Officer Resolution No. HO2016-002 Page 4 of 7 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 deviations from development standards, including encroaching into the side setback area and exceeding the height limit, are less than the existing setback and building height nonconformities. The structure has not proven to be detrimental to the occupants of the property, nearby properties, neighborhood, or City. Finding: vi. 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 (D)(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. Facts in Support of Finding: 1. In accordance with Section 30212 of the California Coastal Act, the proposed modifications to the residence are not classified as new development and are exempt from the California Coastal Act requirement for a Coastal Development Permit since the modifications to the existing residence do not result an increase of gross floor area, height, or bulk of the structure by more than 10 percent. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Hearing Officer of the City of Newport Beach hereby approves Reasonable Accommodation No. RA2016-001 (PA2016-075), 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 Title 20, Planning and Zoning, of the Newport Beach Municipal Code. 05-26-2016 Hearing Officer Resolution No. HO2016-002 Page 5 of 7 PASSED, APPROVED, AND ADOPTED THIS 28TH DAY OF JUNE, 2016. l' B. d6nners' Hearing Officer for the City of Newport Beach 05-26-2016 Hearing Officer Resolution No. HO2016-002 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 exterior wall adjacent to property line must be one-hour construction per table R302.1 (1) California Building Code (CBC). 4. The overhang construction adjacent to property line must be one-hour rated construction per table R3002.1 (1) CBC. 5. The reasonable accommodation shall lapse if the exercise of rights granted by it are discontinued for at least one hundred eighty(180) consecutive days. 6. Because of the substantial cost of this improvement, and because the elevator can effectively be used by future owners of the property and are physically integrated into the residential structure and cannot be easily removed or altered to make the residence comply with the Zoning Code, the reasonable accommodation shall remain indefinitely unless the Director determines that the modifications authorized by this reasonable accommodation application are subject to removal under the NBMC and it is appropriate to require such removal. It is the intent of the Hearing Officer based on the findings of this case that the elevator remain indefinitely. 7. The project is subject to all applicable City ordinances, policies, and standards, unless specifically waived or modified by the conditions of approval. 8. 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. 9. A copy of the Resolution, including conditions of approval Exhibit "A" shall be incorporated into the Building Division and field sets of plans prior to issuance of the building permits. 10. 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 Title 20 Planning and Zoning of the Newport Beach Municipal Code. 05-26-2016 Hearing Officer Resolution No. HO2016-002 Page 7 of 7 11. 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 2294 Channel Road Reasonable Accommodation including, but not limited to, Reasonable Accommodation No. RA2016-001 (PA2016- 075). 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. 05-26-2016