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Home My WebLink About20200506_Application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roject Address(es)/Assessor’s Parcel No(s) 3URMHFW'HVFULSWLRQDQG-XVWLILFDWLRQ$WWDFKDGGLWLRQDOVKHHWVLIQHFHVVDU\ $SSOLFDQW&RPSDQ\1DPH 0DLOLQJ$GGUHVV6XLWH8QLW &LW\6WDWH=LS 3KRQH)D[(PDLO &RQWDFW&RPSDQ\1DPH 0DLOLQJ$GGUHVV6XLWH8QLW &LW\6WDWH=LS 3KRQH)D[(PDLO 2ZQHU1DPH 0DLOLQJ$GGUHVV6XLWH8QLW &LW\6WDWH=LS 3KRQH)D[(PDLO 3roperty Owner’s Affidavit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lease note, the owner(s)’ signature for3DUFHO7UDFW0DSDQG/RW/LQH$GMXVWPHQW$SSOLFDWLRQPXVWEHQRWDUL]HG $1' &$51$7,21 $9( $1' $ 3257,21 2) %$<6,'( 3/$&( 3257,21 7+(5(2) ,167$// $ )81,&8/$5 7+$7 &211(&76 833(5 /2:(5 3257,21 2) 7+( 3523(57< 72 3529,'( $&&(66,%,/,7< $&&202'$7,21 )25 5(6,'(176 %5,21 -($11(77( ZLWK %5,21 -($11(77( $5&+,7(&785( 2/' 1(:3257 %/9' 1(:3257 %($&+ &$ %5,21-#%-$,1&&20 $'9$1&(' *5283 ' $ &$/,)251,$ 3$571(56+,3 5,&+$5' -8/,$1 35(6,'(17 2) *(1(5$/ 3$ %$55$1&$ 3$5.:$< ,59,1(&$ 5-8/,$1#$'9$1&('21/,1(&20 6(( $77$&+(' $87+25,=$7,21 /(77(5 $5&+,7(&7 Brion Jeannette PARTNER Reasonable Accomodation PA2020-067 Iii □ □ 711 □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ □ • □ □ 15320 Barranca Parkway, Suite 100 Irvine, CA 92618 PA2020-067 August 21, 2009 Advanced Group 99-0, a California Limited Partnership Richard Julian, President of General Partner RE: 201-205 Caranation Avenue and 101 Bayside Place Corona del Mar, CA 92625 County of Orange TO WHOM IT MAY CONCERN: I hereby authorize Brion Jeannette Architecture to represent me in all matters pertaining to my California Coastal Commission and Building Permit Applications for my properties as stated above and to sign documents for me, if necessary. PA2020-067 Request for Reasonable Accommodation Supplemental Information Required Community Development Department Planning Division 100 Civic Center Drive / P.O. Box 1768 / Newport Beach, CA 92658-8915 (949)644-3204 Telephone I {949)644-l29 Facsimile www.newportbeachca.gov To aid staff in determining that the necessary findings can be made in this particular case as set forth in Chapter 20.98 of the Municipal Code, please answer the following questions with regard to your request (Please attach on separate sheets, if necessary): Advanced Group 99-D Name of Applicant If provider of housing, name of facility, including legal name of corporation c/o Advanced Real Estate Services, Inc. 15320 Barranca Pkwy, Suite 100, Irvine CA 92618 (Mailing Address of Applicant) 949-595-5900 (ask for Rick Julian) (Telephone) rjulian@advancedonline.com (E-Mail address) (City/State) 949-595-5901 (Fax number) (Zip) 201-205, 207 Carnation Ave. & a portion of 101 Bayside Place/APNs: 052-013-12, 052-013-13 & 052-013-21 (Subject Property Address) Assessor's Parcel Number (APN) FOR ANSWERS TO QUESTIONS 1-9, PLEASE SEE THE ATTACHED STATEMENT I. Is this application being submitted by a person with a disabil ity, that person's representative, or a developer or provider of housing for individuals with a disability? 2. Does the applicant, or individual(s) on whose behalf the application is being made, have physical or mental impairments that substantially limit one or more of such person's major life activities? If so, please state the in1pairment(s) and provide documentation of such irnpairment(s). _______________ _ 3. From which specific Zoning Code provisions, policies or practices are you seeking an exception or modification? ----------------------------------- 2 AERIE ATTACHMENT TO REQUEST FOR REASONABLE ACCOMMODATION SUPPLEMENTAL INFORMATION FORM PA2020-067 Application Number ___ _ 4. Please explain why the specific exception or modification requested is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy the residence. Please provide documentation, if any, to support your explanation. ___________________________ _ 5. Please explain why the requested accommodation will affirmatively enhance the quality of life of the individual with a disability. Please provide documentation, if any, to support your explanation. _____ _ 6. Please explain how the individual with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation. Please provide documentation, if any, to support your explanation. ____________________________________ _ 7. If the applicant is a developer or provider of housing for individuals with a disability, please explain why the requested accommodation is necessary to make your facility economically viable in light of the relevant market and market participants. Please provide documentation, if any, to support your explanation. ______ _ 8. If the applicant is a developer or provider of housing for indi victuals with a disability, please explain why the requested accommodation is necessary for your facility to provide individuals with a disability an equal opportunity to live in a residential setting taking into consideration the existing supply of facilities of a similar nature and operation in the community. Please provide documentation, if any, to support your explanation. 9. Please add any other information that may be helpful to the applicant to enable the City to detennine whether the findings set forth Ill Chapter 20.98 can be made (Use additional pages if necessary.) ____________________________________ _ 3 AERIE ATTACHMENT TO REQUEST FOR REASONABLE ACCOMMODATION SUPPLEMENTAL INFORMATION FORM Project Name: Aerie Applicant: Advanced Group 99-D Property Address: 201-205 Carnation Ave, 207 Carnation Ave., and a portion of 101 Bayside Place This “Request for Reasonable Accommodation Supplemental Information” is submitted by Advanced Group 99-D, the owner/developer of property commonly known as “Aerie.” This Request is filed concurrently with and to support a CDP Application for the approval of a funicular to allow persons with disabilities to enjoy the full use of the Aerie property pursuant to Chapter 20.98 of the Newport Beach Municipal Code and federal and state fair housing laws (the “Fair Housing Laws”). The Property. Aerie is located at the corner of Carnation and Ocean in Corona del Mar. In 2011, the Coastal Commission approved CDP 5-10- 298 for the blufftop condominium development, which is nearing completion. In 2013, the Coastal Commission approved CDP 5-12-214 for the now completed gangway, dock, and pier construction. When the blufftop development is completed in 2020, Aerie will consist of seven condominiums with parking and common areas on the upper “street side,” and recreational amenities, including the docks, for the use of the residents and guests on the lower “water side.” The Staircase. As seen in the photo to the left (taken early in construction), an existing staircase connects the upper and lower portions of the property (the “Staircase”). The Staircase consists of 88 steps at a very steep angle. The photo at the top of the page helps provide perspective on the length and angle of descent. The Staircase is the only means by which Aerie residents and visitors may access and use the property on both levels. PA2020-067 4 AERIE ATTACHMENT TO REQUEST FOR REASONABLE ACCOMMODATION SUPPLEMENTAL INFORMATION FORM Reasonable Accommodations under the City’s LCP. Section 21.16.020E of the City’s Municipal Code, which has been certified by the Coastal Commission as part of the City’s LCP, authorizes the City to grant “reasonable accommodations” without requiring strict compliance with the LCP and the Coastal Act “when needed to provide an individual with a disability an equal opportunity to use and enjoy a dwelling in compliance with” the Fair Housing Laws. Although the Fair Housing Laws are directed at “housing providers,” this provision of the City’s LCP clearly intends for the Fair Housing Laws to provide the standards by which reasonable accommodations are to be made by the City in granting reasonable accommodations for dwellings in the City’s Coastal Zone. When Section 21.16.020E is applied to Aerie, the result is that if (i) there is no other feasible way to provide disabled persons access to the full use and enjoyment of Aerie and (ii) the Aerie project is otherwise consistent with the LCP and the Coastal Act, then the requested reasonable accommodation should be provided. The Requested Reasonable Accommodation. This application requests a reasonable accommodation to allow the approval of a Coastal Development Permit for the installation of a funicular adjacent to the Staircase. The funicular is needed to:  Allow persons with disabilities to enjoy the full use of the Aerie property, as addressed by the Fair Housing Laws, case law implementing and interpreting the Fair Housing Laws,” Section 20.52.070 of the City’s Municipal Code, and Section 21.16.020E of the City’s Municipal Code and Local Coastal Implementation Plan; and  Assure that, pursuant to Government Code Section 65040.12 and Public Resources Code Section 30013, persons with disabilities can use the Aerie property in the same manner as those without disabilities. QUESTIONS FROM THE CITY’S REASONABLE ACCOMMODATION REQUEST FORM: 1. Is this application being submitted by a person with a disability, that person’s representative, or a developer or provider of housing for individuals with a disability? Consistent with the requirements of the Fair Housing Laws as referenced by the City’s LCP, this application is submitted by Advanced Group 99-D, the developer of Aerie, on behalf of both specified individuals (subject to appropriate confidentiality with respect to medical histories) and all persons with temporary or permanent disabilities who in the future may reside in or visit the property. 21.16.020E. Reasonable Accommodations. The review authority may grant reasonable accommodations (adjustments) 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. A request for reasonable accommodation requiring a coastal development permit may be approved or conditionally approved by the City if it is consistent with the certified Local Coastal Program and the California Coastal Act to the extent feasible, and there are no feasible alternatives for providing an accommodation at the dwelling that would provide greater consistency with the certified Local Coastal Program. (Emphasis added.) PA2020-067 5 AERIE ATTACHMENT TO REQUEST FOR REASONABLE ACCOMMODATION SUPPLEMENTAL INFORMATION FORM 2. Does the applicant, or individual(s) on whose behalf the application is being made, have physical or mental impairments that substantially limit one or more of such person’s major life activities? If so, please state the impairment(s) and provide documentation of such impairment(s). Yes. The average age of known future Aerie residents is approximately 70 years. Set forth below are descriptions of (i) known individuals who will either reside at or visit Aerie and (ii) their individual disabilities which require a reasonable accommodation to access the entire Aerie property. To protect the confidentiality of the medical information of these individuals, doctors’ statements pertaining to each individual will be provided to the Hearing Officer at the time of the hearing so that the Hearing Officer can review and confirm for the record that there is medical information verifying these disabilities. That documentation will be presented in the strictest of confidence and will not be not authorized for public distribution or publication. A generic description of the individuals is as follows: Individual 1: Individual 1 will be an Aerie resident. He has had a hip replacement and suffers from nerve damage, limiting his ability to navigate the steep and lengthy stairs. Individual 2: Individual 2 is the mother of an Aerie resident who will be a frequent visitor. She is confined to a wheelchair as a result of her medical conditions. She is unable to use the stairs. Individual 3: Individual 3 is the nephew of Aerie residents and also a resident. He suffers from mental impairments which make it dangerous to use the stairs. Individual 4: Individual 4 is a senior who will be a resident. She has suffered serious knee injuries requiring recent surgery. Her condition is not compatible with use of the stairs. Individual 5: Individual 5 is the 89-year old mother of one of the Aerie owners and will be living at Aerie. Due to her age, she is unable to use the stairs. Individual 6: Individual 6 is the 90-year old mother of another of Aerie’s owners and also will be living at Aerie. Due to her age she is unable to use the stairs. Individual 7: Individual 7 is a close friend of Aerie owners who lives across the street from Aerie. He and his wife will be visiting Aerie regularly. It also is possible that Individual 7 and his wife will live at Aerie. Individual 7 suffers from cancer and is unable to use the stairs. The Fair Housing Laws make it unlawful to refuse to make reasonable accommodations needed to afford persons with disabilities an “equal opportunity to use and enjoy a dwelling.” Notably, this protection covers not only home seekers with disabilities, but also buyers and renters without disabilities who live or are associated with individuals with disabilities. That would include, among others, children, parents, friends, spouses, roommates, subtenants, service providers, and others with disabilities who may come to the property in the future, including some of the individuals listed above. It simply is not possible, however, to identify and submit an application for each individual who in the future may require a reasonable accommodation. Nor is it possible to submit an application and receive instant approval from the City when, for instance, a boat repair service person with a disability shows up to work on a resident’s boat. Therefore, this Request is made not only on behalf of the seven individuals listed above, but also for the benefit of those presently unknown persons with disabilities who may in the future require the reasonable accommodation provided by the proposed funicular. PA2020-067 6 AERIE ATTACHMENT TO REQUEST FOR REASONABLE ACCOMMODATION SUPPLEMENTAL INFORMATION FORM 3. From which specific Zoning Code provisions, policies or practices are you seeking an exception or modification? Aerie is located at the corner of Ocean and Carnation within the Bluff (“B”) Overlay Coastal Zoning District. The construction of the funicular will allow persons with disabilities to move from the upper portion of the property (which contains the residential units) to the lower portion (which contains amenities including the beach, a concrete deck, and docks for the residents’ boats). The proposed funicular would, in part, be below the 50.7-foot contour line set forth in Section 21.28.040(D)(4)(a)(1) of the LCP Implementation Plan. Additional relevant provisions of the City’s LCP read as follows:  LUP, Pages 4-78,79: “Corona del Mar is one of the few areas in the coastal zone where there is extensive development of the bluff face; specifically, residential development on Avocado Avenue, Pacific Drive, Carnation Avenue, and Ocean Boulevard. The initial subdivision and development of these areas occurred prior to the adoption of policies and regulations intended to protect coastal bluffs and other landforms. Development in these areas is allowed to continue on the bluff face to be consistent with the existing development pattern and to protect coastal views from the bluff top. However, development on the bluff face is controlled to minimize further alteration.”  LUP Policy 4.4.3-8: “Prohibit development on bluff faces, except private development on coastal bluff faces along Ocean Boulevard, Carnation Avenue and Pacific Drive in Corona del Mar determined to be consistent with the predominant line of existing development or public improvements providing public access, protecting coastal resources, or providing for public safety. Permit such improvements only when no feasible alternative exists and when designed and constructed to minimize alteration of the bluff face, to not contribute to further erosion of the bluff face, and to be visually compatible with the surrounding area to the maximum extent feasible.”  LUP Policy 4.4.3-9: “Where principal structures exist on coastal bluff faces along Ocean Boulevard, Carnation Avenue and Pacific Drive in Corona del Mar, require all new development to be sited in accordance with the predominant line of existing development in order to protect public coastal views. Establish a predominant line of development for both principle structures and accessory improvements. The setback shall be increased where necessary to ensure safety and stability of the development.” 4. Please explain why the specific exception or modification requested is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy the residence. Please provide documentation, if any, to support your explanation. As shown in the photos on the first page of this attachment, a reasonable accommodation is needed to allow access to the concrete deck, docks, or beach for those with disabilities for whom going up and down the long, steep staircase would be unreasonably difficult, dangerous, and/or impossible. As one example, without the proposed funicular, a resident with a disability would not be able to access his or PA2020-067 7 AERIE ATTACHMENT TO REQUEST FOR REASONABLE ACCOMMODATION SUPPLEMENTAL INFORMATION FORM her boat moored in the docks on the property. As noted earlier, the protections of the Fair Housing Laws also extend to visitors and even to some persons who do not have a disability. For instance, under the Fair Housing Laws, if an elderly parent visiting Aerie cannot physically navigate the stairway to join a family gathering on the concrete deck below, not only would the elderly parent be denied equal enjoyment of the property’s amenities, but the family members below would be denied reasonable use and enjoyment because they would not be able to enjoy the company of that elderly parent. Similarly, if a family member kept the elderly parent company in the main building above while the rest of the family enjoyed the activities on the lower level, under the Fair Housing Laws that person, too, would be denied equal use and enjoyment of the residence. 5. Please explain why the requested accommodation will affirmatively enhance the quality of life of the individual with a disability. Please provide documentation, if any, to support your explanation. For residents of Aerie, use and enjoyment of the outdoor common facilities that are part of the property is a central part of their condominium ownership and the coastal-oriented activities that they would be denied without the requested reasonable accommodation. That use would include use and enjoyment of Aerie by their guests and service providers. 6. Please explain how the individual with a disability will be denied an equal opportunity to enjoy the housing type of their choice absent the accommodation. Please provide documentation, if any, to support your explanation. Without the accommodation, there is no other way to move between the upper and lower levels. For Aerie owners, Aerie and its amenities represent the “housing type of their choice.” As stated in the previous answer, the use of the common areas of Aerie is central to that choice and, absent the reasonable accommodation, those with disabilities would generally be denied the use and enjoyment of the lower level common areas. 7. If the applicant is a developer or provider of housing for individuals with a disability, please explain why the requested accommodation is necessary to make your facility economically viable in light of the relevant market and market participants. Please provide documentation, if any, to support your explanation. This Request is not made to address economic viability. 8. If the applicant is a developer or provider of housing for individuals with a disability, please explain why the requested accommodation is necessary for your facility to provide individuals with a disability an equal opportunity to live in a residential setting taking into consideration the existing supply of facilities of a similar nature and operation in the community. Please provide documentation, if any, to support your explanation. The applicant is developing housing which will be occupied or visited, in some cases, by persons with disabilities as defined by the Fair Housing Laws. However, this is not a development restricted to or intended solely for persons with disabilities, which appears to be the focus of this question. 9. Please add any other information that may be helpful to the applicant to enable the City to determine whether the findings set forth in Chapter 20.98 can be made (Use additional pages if necessary.) PA2020-067 8 AERIE ATTACHMENT TO REQUEST FOR REASONABLE ACCOMMODATION SUPPLEMENTAL INFORMATION FORM The following information is relevant to the standards set by the Fair Housing Laws:  Is the Proposed Funicular Consistent with the City’s LCP and the Coastal Act “to the Extent Feasible”? Neither the LCP nor the Coastal Act bans funiculars. Instead, a proposed funicular is evaluated within the specific context of the proposal. Approving a funicular for Aerie would not set a new precedent, but, rather, would echo prior decisions. For example, a funicular was approved for a residence at 3225 Ocean Boulevard. That property, shown in the photo to the left prior to its funicular approval, is located on a bluff, with a then-existing stairway to its garage at the toe of the bluff. While the scale of the properties may be different, the relationship between the blufftop residence area and ancillary facilities at the toe joined by a pre-Coastal Act stairway is quite comparable. In approving the Ocean Boulevard funicular, the Coastal Commission recognized the need to provide access to the garage, as well as the fact that the funicular would “traverse the bluff face and provide a handicap access between the residence and the garage.” Notably, this decision was made before the adoption of the City’s LCP and, therefore, without a specific Request for Reasonable Accommodation guided by the Fair Housing Laws. Nonetheless, the Commission recognized the need for accessibility between the different elevations of the property. Similarly, a funicular at Aerie will generally allow full use of the Aerie property by persons with disabilities. Section 21.16.020E of the City’s LCP and the Fair Housing Laws which guide its implementation appear to compel the approval of a “reasonable accommodation” in this case.  Is there a Feasible Alternative that would Provide Greater Consistency with the City’s LCP? We have evaluated several options for providing access between Aerie’s upper and lower levels. These include above grade funiculars, ski lift-type cable gondola systems, wheelchair lifts, and subterranean tunnels leading to the existing concrete pad. Notably, this concrete pad was the landing for a funicular operated on the property prior to the Coastal Act to provide access to the lower portion of the property. That funicular track was in the general location of the current staircase as shown in the 1974 photo to the right (see arrow). After reviewing the capabilities, impacts, and aesthetics of each option, we concluded that a funicular is the least noticeable, least impactful, and most respectful of LCP policies. We would be happy to provide any further information requested to support this request. Thank you. PA2020-067