HomeMy WebLinkAbout01_Landon Elevator Addition_PA2018-069CITY OF NEWPORT BEACH
HEARING OFFICER STAFF REPORT
June 26, 2018
Agenda Item No. 1
SUBJECT: Landon Elevator Addition (PA2018-069)
Reasonable Accommodation No. RA2018-001
SITE LOCATION: 205 North Bay Front
APPLICANT: Benson Design and Architecture
OWNER: Marvin Landon
PLANNER: Melinda Whelan, Assistant Planner
949-644-3221, mwhelan@newportbeachca.gov
PROJECT SUMMARY
A reasonable accommodation application to allow an elevator addition to exceed the
maximum allowed floor area limit for an existing single-family home. The proposed
elevator is approximately 5 feet 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 addition is requested to provide an individual with a disability access to the upper
levels of the residence.
RECOMMENDATION
1)Conduct a public hearing;
2)Find this project 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; and
3)Adopt Resolution No. _ approving Reasonable Accommodation No. RA2018-001
(Attachment No. HO 1).
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VICINITY MAP
GENERAL PLAN ZONING
LOCATION GENERAL PLAN ZONING CURRENT USE
ON-SITE Two-Unit Residential (RT) Balboa Island (RB-I) Single-family dwelling
NORTH Newport Bay RB-I Single- and Two-family dwellings
SOUTH RT RB-I Single- and Two-family dwellings
EAST RT RB-I Single- and Two-family dwellings
WEST RT RB-I Single- and Two-family dwellings
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INTRODUCTION
Project Setting
The subject property is developed with an existing two-story, single-family dwelling
located on the North Bay Front of Balboa Island . The dwelling includes a third level roof
deck. Surrounding land uses include single-family and two-family development, and a
public boardwalk to the north fronting the Newport Bay.
Project Description
A reasonable accommodation application requesting relief from Newport Beach Municipal
Code (NBMC) Section 20.18.030 (Residential Zoning Districts General Development
Standards) and Section 21.18.030 (Residential Coastal Zoning Districts General
Development Standards) to allow an elevator addition, when added to the floor area of
the existing home, to exceed the maximum allowed floor area for an existing single -family
residence. The proposed elevator is approximately 5 feet wide, adding 40 square feet to
the existing 3,403-square-foot, single-family dwelling.
The resulting total floor area would be 3,443 square feet, 39 square feet over the
maximum allowed floor area (3,404 square feet) established by the Zoning Code (Title
20) and Local Coastal Program (Title 21). The existing dwelling and new elevator meet
all other applicable Zoning Code and Local Coastal Program requirements, including
setbacks and building height. The existing single-family dwelling consists of two stories
with all of the bedrooms on the second story and a third-level roof deck.
Background
The existing dwelling was originally constructed in 1991 with a total of 3,181 square feet,
including a 401-square-foot, two-car garage. In 2016, a second-floor deck was enclosed
to create an additional bedroom, which increased the total gross floor area to 3,403
square feet.
DISCUSSION
General Plan, Local Coastal Plan, and Zoning Code
The subject property is designated RT (Two-Unit Residential) by the General Plan Land
Use Element. The site is located within the RT-E (Two Unit Residential) land use category
of the Coastal Land Use Plan. The site is located in the R-BI (Balboa Island) Zoning
District and Coastal Zoning District. The single-family residence is a permitted use under
these land use designations.
Pursuant to NBMC Section 21.52.036.C.1, the project is exempt from the requirements
of a coastal development permit since the modifications to the existing residence do not
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result in an increase of gross floor area, height, or bulk of the structure by more than 10
percent.
The R-BI Zoning and Coastal Zoning Districts allow a maximum floor area of 1.5 times
the buildable area (lot size minus the setbacks) plus an additional 200 square feet. This
results in a maximum allowed floor area of 3,404 square feet for the subject property. The
existing floor area of the dwelling, including the two-car garage, is 3,403 square feet. The
proposed elevator addition will add 40 square feet of floor area, resulting in a total gross
floor area of 3,443 square feet, 39 square feet in excess of the standards.
The proposed project conforms to all other applicable development standards, including,
setbacks, height, and off-street parking as evidenced by the project plans and illustrated in
Table 1 below:
Table 1 – Development Standards
Development Standard Required Existing
Conditions Proposed
Height (max.) 24 feet flat 1 or 29
feet sloped
24 feet flat
27 feet sloped
Elevator - 29 feet flat1
No change to remaining
roof elements
Front Setback (North
Bay Front) (min.) 7 feet 7 feet No change
South Side Setback
(min.) 3 feet 3 feet No change
Rear Alley Setback
(min.) 5 feet 5 feet No change
Floor Area Limit 3,404 square feet
ft.
3,403 square.
feet.
3,443 square. feet.
(reasonable
accommodation
requested)
Parking (min.) 2 garage spaces 2 garage
spaces No change
1. Elevator shafts are allowed to exceed the 24-foot height limit with a flat roof to 29 feet with a
maximum area of 30 square feet pursuant to NBMC Sections 20.30.60.D.6 and 21.30.60.D.6.
Reasonable Accommodation
The proposed elevator addition requires a deviation from the development standards in
the R-BI Zoning and Coastal Zoning Districts for maximum allowed floor area limit. The
applicant chose to request a reasonable accommodation because one of the persons
residing in the home has a disability. In compliance with Federal and State fair housing
laws, reasonable accommodations in the City’s zoning and land use regulations, policies,
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and practices are permitted when needed to provide an individual with any disability an
equal opportunity to use and enjoy a dwelling.
The Zoning Code and Local Coastal Program include a procedure that allow for
reasonable accommodations if certain findings can be made. The approval authority for
a reasonable accommodation lies with the Hearing Officer in accordance with the
provisions of Newport Beach Municipal Code (NBMC) Section 20.52.070(B) (Reasonable
Accommodations, Review Authority). The Hearing Officer is also required to conduct a
public hearing in compliance with NBMC Chapter 20.62 (Public Hearings).
Pursuant to Section 21.16.020.E. (Reasonable Accommodations) of the Local Coastal
Program Implementation Plan, the review authority may also 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 t o
use and enjoy a dwelling in compliance with Federal and State Fair Housing Laws.
The applicant states that an elevator is necessary to access the upper level bedrooms
and recreation areas. A physician’s documentation prepared by Gregory Tchejevan, MD
has been submitted by the applicant supporting the claim and the need for elevator
access. Dr. Tchejevan recommends the avoidance of stairs and the use of an elevator
due to the resident’s existing medical condition. The installation of an elevator would allow
the individual to access the upper levels of the home including bedrooms without the use
of stairs in accordance with Dr. Tchejevan’s recommendation. According to Dr.
Tchejevan, the condition is severe enough to warrant the reasonable acc ommodation
requested.
Required Findings and Factors of Consideration
The Hearing Officer is designated to approve, conditionally approve, or deny all
applications for a reasonable accommodation. Section 20.52.070(D)(2) requires that all
of the following findings be made in order to approve the reasonable accommodation:
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.
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.
iii. That the requested accommodation will not impose an undue financial or
administrative burden on the City as “undue financial or administrative burd en” is
defined in Fair Housing Laws and interpretive case law.
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.
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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.
In addition to the required findings, the Hearing Officer may consider, but is not limited to,
the following factors in determining whether the requested accommodation is the
minimum necessary to provide one or more individuals with a disability an equal
opportunity to use and enjoy a dwelling and whether the requested accommodation would
require a fundamental alteration in the nature of a City program (NBMC Section
20.52.070(D)(3-4):
a. Whether the requested accommodation will affirmatively enhance the quality of life
of one or more individuals with a disability;
b. Whether the individual(s) with a disability will be denied an equal opportunity to
enjoy the housing type of their choice absent the accommodation;
c. Whether the requested accommodation would fundamentally alter the cha racter of
the neighborhood;
d. Whether the accommodation would result in a substantial increase in traffic or
insufficient parking; and
e. Whether granting the requested accommodation would substantially undermine
any express purpose of either the City’s General Plan or an applicable specific
plan.
Upon review of the application, staff believes that all of the findings can be made. The
addition of the wheelchair accessible elevator that exceeds the floor area limit is
necessary for the disabled property owner to gain access to the upper levels of the
residence, including bedrooms, thus enhancing quality of life.
Any alternative 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. In a justification letter dated May 2, 2018, by Jeff Benson, Architect
(Attachment No. HO 3 ), he states that alternative elevator locations within the existing
area of the home are infeasible due to the existing uni que 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 hallways needed for wheelchair access, create loss of use of
primary living spaces, and would cause unknown structural alterations with dramatically
higher construction costs. Therefore, the disabled individual would be denied an equal
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opportunity to enjoy the upper levels of the residence without the reasonable
accommodation.
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 interior courtyard 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 5 feet by 5 feet into the existing courtyard area. The existing dwelling and
the new elevator will meet all other applicable Code requirements, including height and
setbacks requirements. The proposed elevator represents a nominal increase in floor
area (1 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. Furthermore, the addition of the
elevator will not increase traffic or affect on-site parking.
There are no feasible alterations for providing an accommodation at the dwelling that
would provide greater consistency with the LCP. 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.
The proposed improvements would be subject to normal plan check and building permit
processing and fees and therefore would not impose an undue financial or administrative
burden on the City. 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.
Alternatives
1. The Hearing Officer may approve other reasonable accommodations that provide a
similar level of benefit to the applicant. In this case, the scope of work can be increased
to remodel to the interior floor plan to accommodate the requested elevator within the
existing dwelling and not increasing gross floor area.
2. The Hearing Officer may deny the Reasonable Accommodation request (Attachment
No. HO 2).
Environmental Review
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. Project implementation includes a 1 percent addition to an existing
single-family dwelling.
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Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to all owners of property
within 300 feet of the boundaries of the site (excluding intervening rights -of-way and
waterways) including the applicant and posted on the subject property at least 10 days
before the scheduled meeting, consistent with the provisions of the Municipal Code.
Additionally, the item appeared on the agenda for this meeting, which was posted at City
Hall and on the City website.
Prepared by: Submitted by:
ATTACHMENTS
HO 1 Draft Resolution Approving the Reasonable Accommodation
HO 2 Draft Resolution Denying the Reasonable Accommodation
HO 3 Architect’s Letter
HO 5 Project Plans
01/12/18
8
Attachment No. HO 1
Draft Resolution Approving the
Reasonable Accommodation
9
RESOLUTION NO. HO2018-####
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 – 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 hearing.
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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(D)(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.
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:
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 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
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04-24-18
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(D)(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.
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
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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 B uilding
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 (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. 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.
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2. Pursuant to NBMC Section 21.52.036.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 26th DAY OF JUNE, 2018.
_____________________________________
________________________, Hearing Officer
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EXHIBIT “A”
CONDITIONS OF APPROVAL
PLANNING
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 ap proval.
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, Reasonable
Accommodation No. RA2018-001 (PA2018-069). This indemnification shall include, but
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04-24-18
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.
16
Attachment No. HO 2
Draft Resolution Denying the Reasonable
Accommodation
17
RESOLUTION NO. HO2018-####
A RESOLUTION OF THE HEARING OFFICER OF THE CITY OF
NEWPORT BEACH DENYING 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, with
respect to property located at 205 North Bay Front, and legally described as Lot 3, Block
4, Section 1 of Balboa Island resubdivision 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) 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 5 feet 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 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 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 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 June 26, 2018 in the Newport Beach Conference Room (Bay
B – 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 hearing.
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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 Section 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…. (Hearing
Officer will fill-in).
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
1. The Hearing Officer of the City of Newport Beach hereby denies 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 Title 20 Planning and Zoning, of the Newport Beach Municipal
Code.
PASSED, APPROVED, AND ADOPTED THIS 26th DAY OF JUNE, 2018.
_____________________________________
, Hearing Officer
19
Attachment No. HO 3
Architect’s Letter
20
234 Broadway, Costa Mesa, CA
www.BDandArch.com
May 2nd, 2018
Melinda Whelan
Community Development Department - Planning Division
City of Newport Beach
100 Civic Center Drive
Newport Beach, CA 92660
Dear Melinda,
The proposed location of the elevator represents the only way to provide wheelchair access to
all three levels of the home (1st, 2nd, & Roof Deck) without resulting in a critical loss of habitable
space. The unique configuration of the home’s existing split vertical circulation has one
stairway between the first and second floors and another for the circulation between the
second floor and the roof deck and the circulation space (hallway) between the two stairs led to
the currently proposed location for the addition of an elevator. This existing layout, paired with
the long narrow lot’s limitations, left few viable options for the addition of an elevator.
For example, locating the elevator in the Family Room would result in loss of the living space,
loss of the storage on the 2nd floor, and the elevator would not be able to discharge at the Roof
Deck without demolishing part of the sloped roof and reframing to increasing the size of the
roof deck. Conversely, if the elevator as proposed, was located closer to the Dining Room, it
would result in 1st & 2nd floor hallways too narrow to be suitable for a wheelchair, would require
the demolition of the French doors to the patio, while also require the replacement of the
mechanical line sets for and relocation of the A/C condensers located in the screened area of
the Roof Deck.
Further, if the elevator were to be located within the existing first floor footprint, the loss of
bedroom space and the interruption of the hallways would only be the start of the negative
consequences. The foundation work and framing overhaul would be 2-3 times more costly due
to the amount of limited access construction, the added demolition & replacement of existing
21
234 Broadway, Costa Mesa, CA
www.BDandArch.com
interior finishes, as well as the intricate balance of temporary shoring of the existing structure
that would also be required.
In short, alternative solutions would result in:
• The loss of use of primary living spaces
• An increased loss of use of the residence due to an extended sequencing of
construction stages
• A disruption of safe and clear egress circulation within the residence
• Dramatically higher construction costs
I hope this brief explanation helps in showing the thought and care put into the proposed
solution. If there is anything else I can do to assist in the approval of the requested Reasonable
Accommodation, please do not hesitate to contact me.
Sincerely,
Jeff Benson, Architect
22
Attachment No. HO 4
Project Plans
23
NORTH
BAY
FRON
T
℄ O
F
A
L
LEY
SEA
WA
L
LBOARDWALKPOCHED AREADENOTES PROPOSEDELEVATOR ADDITIONSHADED AREA DENOTESEXISTING FOOTPRINT(NO CHANGE)3'-0"SIDEYARDSETBACK3'-0"SIDEYARDSETBACK5'-0"REARYARDSETBACK7'-0"FRONT(SRINGLINE)SETBACKOUTLINE OFSECOND FLOORABOVEAA-4AA-4PROPERTY LINEEDGE OFBOARDWALKEXI
S
T
ING
P
LAN
TER
TO
REMA
IN
A-1AAC32268JRSNEDATTOEFCCIL
SJ
REN. R
E
FFE
YE
AHCR
NOLIFIA TIEBS EMTCENONS9/19TITLE SHEET, SITE
PLAN, & NOTESDATE:REVISION:REVISION:REVISION:REVISION:JOB #: 16-025BD&
ARCH
234 Broadway
Costa Mesa, CA 92627
949.534.2724
BDandArch.comSITE PLANSCALE:1/8" = 1'-0"C JEFFREY JAMES BENSON EXPRESSLY RESERVES HIS COMMON LAW COPYRIGHT AND OTHER PROPERTY RIGHTS CONTAINED IN THESE PLANS. THE PLANS SHALL NOT BE REPRODUCED, ALTERED, OR COPIED IN ANY WAY, NOR SHALL THEY BE ASSIGED TO A THIRD PARTY WITHOUT FIRST OBTAINING THE PERMISSION OF JEFFREY JAMES BENSON. IF THE PLANS ARE USED IN AN UNAUTHORIZED WAY, THE USER AGREES TO HOLD HARMLESS, INDEMNIFY, AND DEFEND JEFFREY JAMES BENSON FROM ANY AND ALL CLAIMS ARISING FROM SUCH UAUTHORIZED USE.NO CHANGE TO PARKINGNO CHANGE TO SITE DRAINAGELEGAL OWNERMARVIN LANDON5395 JED SMITH ROADHIDDEN HILLS, CA, 91302CONTACT: JEFF BENSON AT BD&ARCH(949) 534-2724ADD A 3-STOP RESIDENTIAL ELEVATOR TO PROVIDEACCESS TO THE EXISTING 1ST FLOOR, 2ND FLOOR, &ROOF DECK.LEGAL DESCRIPTIONSCOPE OF WORKMAPPING ID:A.P.N.:COUNTY:CITY:AREA:BLOCK 4, LOT 3050-022-22ORANGENEWPORT BEACHBALBOA ISLANDJEFFREY JAMES BENSON IS THE D.P.I.R.C. -THE REGISTERED DESIGN PROFESSIONAL INRESPONSIBLE CHARGE SHALL BE RESPONSIBLE FORREVIEWING AND COORDINATING SUBMITTALDOCUMENTS PREPARED BY OTHERS, INCLUDINGPHASED AND DEFERRED SUBMITTAL ITEMS, FORCOMPATIBILITY WITH THE DESIGN OF THE BUILDING.DO NOT SCALE THE DRAWINGSCITY:ZONE:CODE:USE:CONSTRUCTION TYPE:OCCUPANCY:SETBACKS:FRONT-SIDES-REAR-MAXIMUM HEIGHT:DESIGN DATANEWPORT BEACHR-B12013 CRC, 2013, CBC,2013, CPC, 2013 CEC,2013 CMC, 2008 BEES,2013 CGBSCSFDVBR-3/USTRINGLINE (7')3'5'24' (FLAT ROOFS)/29' (SLOPED ROOFS)DESIGN DATALOT SIZE:(35'x101', ACTUAL WIDTH 30')BUILDABLE AREA:(24'x89')MAXIMUM FLOOR AREA:(1.5 x B.A.+200 SQ. FT.)3,030 SQ. FT.2,136 SQ. FT.3,404 SQ. FT.PROJECT
NORTHN
EXISTING 1ST FLOOR:EXISTING 2ND FLOOR:EXISTING GARAGE:EXISTING TOTAL:1,392 SQ. FT.1,602 SQ. FT.409 SQ. FT.3,403 SQ. FT.PROPOSED 1ST FLOOR:PROPOSED 2ND FLOOR:EXISTING GARAGE:PROPOSED TOTAL:+40 SQ. FT.-NO CHANGE--NO CHANGE-3,443 SQ. FT.SHEET INDEXA-1 TITLE SHEET, SITE PLAN, & NOTESA-2 FIRST FLOOR PLANA-3 SECOND FLOOR & ROOF PLANA-4 EXTERIOR ELEVATIONS & SECTION
LANDON RESIDENCE
205 NORTH BAY FRONT
NEWPORT BEACH, CAVICINITY MAPBALBOA AVE.NORTHBAY FRONTSOUTH BAY FRONTBALBOA ISLANDPARK AVE.MARINEAVE.PACIFIC COAST HWY.BAYSIDE DR.J
A
M
B
O
R
E
E
R
D
.NEWPORTBAYPROJECTSITE24
LIVING ROOM
(NO CHANGE)
ENTRY
(NO CHANGE)
(NO CHANGE)
2-CAR GARAGE
(NO CHANGE)
BEACH BATH
FAMILY ROOM
(NO CHANGE)
KITCHEN
(NO CHANGE)
NOOK
(NO CHANGE)
DINING ROOM
(NO CHANGE)
COAT CLOSET
(NO CHANGE)
EXIST'G
STAIR UP
(NO
CHANGE)
PATIO
7'-0"
FRO
NT
Y
A
R
D
(STRI
N
GLI
N
E)
SETB
A
C
K3'-0"SIDEYARDSETBACK3'-0"SIDEYARDSETBACK5'-0"
REA
R
YAR
D
SETB
A
C
K
OUTLINE OF
SECOND FLOOR
ABOVE
ENTRY PATIO
(NO CHANGE)
OUTLINE OF
SECOND FLOOR
ABOVE
A
A-4
NEW
ELEVATOR
5'-01
8"5'-614"3'-212"3'-101
8"3'-105
8"
1'-15
8"
NEW RESIDENTIAL 950 LB. CAPACITY ELEVATOR BY
ACME HOME ELEVATOR INC. - PROVIDE 4'-6" WIDE
BY 4'-10" DEEP SHAFT (CLEAR DIMS)
A
A-4
A-2
A
A
C32268
J
RSNED
ATTO
E
F CCILSJREN. REFFEYE A
H
C
RNOLIF IATI
EB
S EM
TCENONS9/19FIRST FLOOR PLANDATE:
REVISION:
REVISION:
REVISION:
REVISION:
JOB #: 16-025BD&ARCH234 BroadwayCosta Mesa, CA 92627949.534.2724BDandArch.comLANDON RESIDENCE205 NORTH BAY FRONTNEWPORT BEACH, CAFIRST FLOOR PLAN SCALE:1/4" = 1'-0"
PROJECT NORTH
N
CJEFFREY JAMES BENSON EXPRESSLY RESERVES HIS COMMON LAW COPYRIGHT AND OTHER PROPERTY RIGHTS CONTAINED IN THESE PLANS. THE PLANS SHALL NOT BE REPRODUCED, ALTERED, OR COPIED IN ANY WAY, NOR SHALL THEY BE ASSIGED TO A THIRD PARTY WITHOUT FIRST OBTAINING THE PERMISSION OF JEFFREY JAMES BENSON. IF THE PLANS ARE USED IN AN UNAUTHORIZED WAY, THE USER AGREES TO HOLD HARMLESS, INDEMNIFY, AND DEFEND JEFFREY JAMES BENSON FROM ANY AND ALL CLAIMS ARISING FROM SUCH UAUTHORIZED USE.WALL LEGEND
EXISTING WALL TO
TO REMAIN
BE REMOVED
EXISTING WALL
NEW WALL
FLOOR PLAN NOTES:
1. IF ANY DISCREPANCY IS FOUND BETWEEN THE EXISTING BUILT
CONDITION AND THE CONSTRUCTION DOCUMENTS, BRING IT TO
THE IMMEDIATE ATTENTION OF THE ARCHITECT.
2. THE SITE'S SURFACE DRAINAGE TO REMAIN UNCHANGED.
25
(NO CHANGE)
MASTER
BEDROOM
MASTER
WIC
LAUNDRY
MASTER
BATH
(NO CHANGE)
W.C.
(N/C)
(NO CHANGE)
(NO CHANGE)
OPEN TO
BELOW
HALL
(NO CHANGE)
EXIST'G STAIR
DOWN
(NO CHANGE)
STORAGE
(NO CHANGE)
BEDROOM 1
(NO CHANGE)
BATH 1
(NO CHANGE)
BATH 2
BEDROOM 2
BEDROOM 3
EXISTING
DECK
EXIST'G STAIR UP
(NO CHANGE)
EXISTING DECK
GUARDRAIL TO
REMAIN
OUTLINE
OF FIRST
FLOOR
BELOW3'-0"SIDEYARDSETBACK3'-0"SIDEYARDSETBACK5'-0"
REA
R
YAR
D
SETB
A
C
K
7'-0"
FRO
NT
Y
A
R
D
(STRI
N
GLI
N
E)
SETB
A
C
K
A
A-4
NEW
ELEVATOR
(NO CHANGE)
(NO CHANGE)
(NO CHANGE)
BATH 3
(NO CHANGE)
5'-01
8"5'-614"A
A-4
EXST'G
DECK
BELOW
RIDGE
RIDGE
RIDGE
RIDGE
RIDGE
EXISTING ROOF
DECKA/C A/C
A
A-4
2'-6"5'-41
4"5'-614"A
A-4
LOW SLOPED ROOF ABOVE ELEVATOR SHAFT (29.5 SQ FT);
SEE "ROOF DECK ELEVATOR PLAN" DETAIL
2% SLOPE
NEW
ELEVATOR
5'-41
4"5'-614"A-3
A
A
C32268
J
RSNED
ATTO
E
F CCILSJREN. REFFEYE A
H
C
RNOLIF IAT
I
EB
S EM
TCENONS9/19SECOND FLOOR PLANDATE:
REVISION:
REVISION:
REVISION:
REVISION:
JOB #: 16-025BD&ARCH234 BroadwayCosta Mesa, CA 92627949.534.2724BDandArch.comLANDON RESIDENCE205 NORTH BAY FRONTNEWPORT BEACH, CASECOND FLOOR PLAN SCALE:1/4" = 1'-0"
PROJECT NORTH
N
CJEFFREY JAMES BENSON EXPRESSLY RESERVES HIS COMMON LAW COPYRIGHT AND OTHER PROPERTY RIGHTS CONTAINED IN THESE PLANS. THE PLANS SHALL NOT BE REPRODUCED, ALTERED, OR COPIED IN ANY WAY, NOR SHALL THEY BE ASSIGED TO A THIRD PARTY WITHOUT FIRST OBTAINING THE PERMISSION OF JEFFREY JAMES BENSON. IF THE PLANS ARE USED IN AN UNAUTHORIZED WAY, THE USER AGREES TO HOLD HARMLESS, INDEMNIFY, AND DEFEND JEFFREY JAMES BENSON FROM ANY AND ALL CLAIMS ARISING FROM SUCH UAUTHORIZED USE.WALL LEGEND
EXISTING WALL TO
TO REMAIN
BE REMOVED
EXISTING WALL
NEW WALL
ROOF PLAN SCALE: 1/4" = 1'-0"
PROJECT NORTH
N
ROOF DECK
ELEVATOR PLAN
SCALE: 1/4" = 1'-0"
26
EXISTING F.F.(NO CHANGE)EXISTING F.F.(NO CHANGE)EXISTING T.O.P.(NO CHANGE)SHADED AREADENOTES PROPOSEDELEVATOR ADDITION24'-0"HEIGHT LIMIT (FLAT ROOFS)29'-0" HEIGHT LIMIT (SLOPED ROOFS)MATCH EXISTINGSIDING/ CASING/ TRIMSTYLE AND COLOREXISTINGFINISHEDGRADE29'-0"⅊S.B.⅊S.B.EXISTING F.F.(NO CHANGE)EXISTING F.F.(NO CHANGE)EXISTING T.O.P.(NO CHANGE)24'-0" HEIGHT LIMIT (SLOPED ROOFS)29'-0" HEIGHT LIMIT (FLAT ROOFS)EXISTINGFINISHEDGRADE24'-0" HEIGHT LIMIT (FLAT ROOFS)29'-0" HEIGHT LIMIT (SLOPED ROOFS)27'-9"⅊S.B.EXISTING F.F.(NO CHANGE)EXISTING T.O.P.(NO CHANGE)EXISTING F.F.(NO CHANGE)⅊DINING ROOMEXISTING CRAWL SPACEELEVATORSHAFTMASTER BATHROOMHALLEXISTING ATTIC SPACE1'-0"
1'-2"EXISTINGFINISHEDGRADEA-4AAC32268JRSNEDATTOEFCCIL
SJ
REN. R
E
FFE
YE
AHCR
NOLIFIA TIEBS EMTCENONS9/17EXTERIOR
ELEVATIONSDATE:REVISION:REVISION:REVISION:REVISION:JOB #: 16-025BD&
ARCH
234 Broadway
Costa Mesa, CA 92627
949.534.2724
BDandArch.com
LANDON RESIDENCE
205 NORTH BAY FRONT
NEWPORT BEACH, CAWEST ELEVATIONSCALE:1/4" = 1'-0"C JEFFREY JAMES BENSON EXPRESSLY RESERVES HIS COMMON LAW COPYRIGHT AND OTHER PROPERTY RIGHTS CONTAINED IN THESE PLANS. THE PLANS SHALL NOT BE REPRODUCED, ALTERED, OR COPIED IN ANY WAY, NOR SHALL THEY BE ASSIGED TO A THIRD PARTY WITHOUT FIRST OBTAINING THE PERMISSION OF JEFFREY JAMES BENSON. IF THE PLANS ARE USED IN AN UNAUTHORIZED WAY, THE USER AGREES TO HOLD HARMLESS, INDEMNIFY, AND DEFEND JEFFREY JAMES BENSON FROM ANY AND ALL CLAIMS ARISING FROM SUCH UAUTHORIZED USE.NORTH ELEVATIONSCALE: 1/4" = 1'-0"SECTION ASCALE: 1/4" = 1'-0"27