HomeMy WebLinkAbout1 - Bakman Residence Reasonable Accommodation RA2011-002 -CITY OF NEWPORT BEACH
HEARING OFFICER STAFF REPORT
May 30, 2013
Agenda Item No. 1
TO: Judge John C. Woolley, Hearing Officer
SUBJECT: Bakman Residence - Reasonable Accommodation (PA2011 -118)
219 Diamond Avenue
• Reasonable Accommodation No. RA2011 -002
APPLICANT: Jane Bakman, Property Owner
PLANNER: Javier S. Garcia AICP, Senior Planner
(949) 644 -3206, Igarcia(a�newportbeachca.gov
PROJECT SUMMARY
A Reasonable Accommodation application for relief from the requirements of Newport
Beach Municipal Code (NBMC) Section 20.18.030 (Residential Districts: Land use
Regulations) to allow an addition to an existing duplex that will exceed the permitted
floor area specified by the R -BI District Development Regulations. The application also
includes a variance to exceed the maximum floor area, but this is not under
consideration by the Hearing Officer.
RECOMMENDATION
Staff recommends the Hearing Officer conduct a public hearing, receive testimony from
the applicant, the City staff, and members of the public. At the conclusion of the public
hearing, it is recommended that the Hearing Officer:
1. Adopt the attached Resolution (Attachment No. 1) denying Reasonable
Accommodation No. RA2011 -002.
Project Setting
The subject property is located at 219 Diamond Avenue. The property is zoned R -BI
(Two -Unit Residential, Balboa Island) and is developed with a two -story duplex with an
attached two -car garage. Surrounding properties include single- and two -unit residential
uses. The first floor unit consists of a bedroom, bathroom, kitchen, and living /dining
room. The second floor unit consists of four bedrooms, two bathrooms, kitchen, and
living room. The total square footage of the duplex is 2,660 square feet. However, the
structure is undergoing a remodel that will result in a net addition of 246 square feet for
a total of 2,906 square feet.
1
2
Reasonable Accommodation No. RA2011 -002
May 30, 2013
Page 2
LOCATION
GENERAL PLAN AND
COASTAL LAND USE PLAN
ZONING
CURRENT USE
ON -SITE
RT & RT -E,
R -BI, Two -Unit Residential,
Duplex
Two -Unit Residential
Balboa Island
NORTH, SOUTH,
RT & RT -E,
R -BI, Two -Unit Residential,
Single Family and Two -
EAST AND WEST
Two -Unit Residential
Balboa Island
11 Unit Residential Uses
Project Description
The applicant is seeking additional floor area that will exceed the permitted floor area
specified by the R -BI District Development Regulations to serve a disabled person that
will reside on the property. In compliance with Federal and State fair housing laws,
Section 20.52.070 of the Zoning Code provides for 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.
The proposed project would remove the existing ground floor bedroom and bathroom to
enlarge the dining room and kitchen. The existing breezeway located between the
dwelling and the garage would be enclosed to accommodate a new bathroom and
adjacent storage area. Interior changes are also proposed to increase the size of the
living room. The project was originally proposed to occur as two phases, however,
construction requirements have caused the project to be combined into a single project.
3
Reasonable Accommodation No. RA2011 -002
May 30, 2013
Page 3
Section 20.18.030 of the NBMC, Table 2 -3, establishes a Floor Area Limit of 1.5 times
the buildable area plus 200 square feet (for garage space) for the subject property,
which calculates out to 2,720 square feet. The proposed addition of 246 square feet
brings the total floor area of the building to approximately 1.68 times the buildable area
or 2,906 square feet. This exceeds the allowable floor area by 186 square feet (2,906
sq. ft. proposed, minus 2,720 sq. ft. allowed = 186 sq. ft.).
DISCUSSION
Analysis
In compliance with Federal and State fair housing laws, reasonable accommodations in
the City's zoning and land use regulations, policies, and practices are permitted to provide
an individual with any disability an equal opportunity to use and enjoy a dwelling.
The applicant contends that the additional square footage is needed to locate a
convenient bathroom on the ground floor. A physician's letter (Attachment No. 3) has
been provided by the applicant supporting this claim and the need for convenient
bathroom access. The statement of the physician asks for "a manageable living
environment that suits her handicaps /disabilities." The accommodation expressed by
the physician indicates it is "medically necessary that ...an accessible downstairs
bathroom and an easily accessible storage space" be provided within close proximity of
the living area of the lower floor."
The issue at hand is whether the requested accommodation is necessary to provide one
or more individuals with a disability an equal opportunity to use and enjoy a dwelling. A
ground floor bathroom is depicted on the existing floor plan. The physician's statement
does not establish any particular minimum size for the bathroom or the storage area,
nor does it state these amenities should be handicap accessible. No evidence has been
submitted that indicates why the current ground floor bathroom cannot accommodate
the needs of the disabled person or why the objectives of the applicant cannot be
achieved and remain within the development standards, including floor area limits.
Required Findings
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:
1. That the requested accommodation is requested by or on the behalf of one
or more individuals with a disability protected under the Fair Housing
Laws.
2. That the requested accommodation is necessary to provide one or more
individuals with a disability an equal opportunity to use and enjoy a
dwelling.
4
Reasonable Accommodation No. RA2011 -002
May 30, 2013
Page 4
3. 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.
4. 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.
5. That the requested accommodation will not, under the 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.
Upon review of the application, staff concludes that Findings 1, 3, 4, and 5 can be
made. However, the fact that there is an existing ground floor bathroom raises the
question of whether the requested relocation of the bathroom and the addition of the
storage area are necessary to provide the disabled person equal opportunity to use and
enjoy the dwelling.
Factors for Consideration
NBMC Section 20.52.070 (D -3) allows the Hearing Officer to consider the following
factors in determining whether the requested accommodation is necessary to provide
the disabled individual an equal opportunity to use and enjoy a dwelling:
A. Whether the requested accommodation will affirmatively enhance the quality of
life of one or more individuals with a disability.
If the requested accommodation is granted, the disabled person will be able to access
a new ground -level bathroom, which the applicant claims would enhance their quality of
life. However, this access is currently provided by the existing ground floor bathroom.
Any modifications necessary to make the existing bathroom accessible can be
accommodated within the existing floor area. Furthermore, the proposed 189- square-
foot breezeway addition proposed is in excess of that necessary to provide an
accessible bathroom and therefore could be reduced.
B. Whether the individual or individuals with a disability will be denied an equal
opportunity to enjoy the housing type of their choice absent the accommodation.
As stated above, the existing ground -level bathroom could be utilized as -is or modified,
if necessary, to provide access to the disabled person within the existing floor area limit.
Therefore, denying the accommodation would not deny the disabled person equal
opportunity to enjoy the housing type of choice.
C. In the case of a residential care facility, whether the requested accommodation is
necessary to make facilities of a similar nature or operation economically viable
in light of the particularities of the relevant market and market participants.
Reasonable Accommodation No. RA2011 -002
May 30, 2013
Page 5
D. In the case of a residential care facility, whether the existing supply of facilities of
a similar nature and operation in the community is sufficient to provide individuals
with a disability an equal opportunity to live in a residential setting.
The proposed use of the property is a two -unit residential building and not as a
residential care facility.
With consideration of these factors, staff has determined that the requested
accommodation is not necessary to provide the disabled individual an equal opportunity
to use and enjoy a dwelling. The justification presented does not support the proposed
size and location of the additions that are the subject of the accommodation request. As
Finding No. 2 cannot be made, staff recommends that the request for reasonable
accommodation be denied since there is adequate area available within the building to
accommodate the person intended and not exceed the floor area limitations of the
Zoning District.
Alternatives
1. The Hearing Officer may approve alternative reasonable accommodations that
provide an equivalent level of benefit to the applicant. In this case, the requested
increase in floor area could be reduced to the minimum necessary to
accommodate the medical needs of the disabled person.
2. The Hearing Officer may approve the floor area as requested based on the
testimony presented at the hearing, his review of the application, and other
supporting information.
Environmental Review
This activity has been determined to be categorically exempt under the requirements of
the California Environmental Quality Act under Class 1 (Existing Facilities). This class of
projects has been determined not to have a significant effect on the environment and is
exempt from the provisions of CEQA. This activity is also covered by the general rule
that CEQA applies only to projects that have the potential for causing a significant effect
on the environment (Section 15061(b)(3) of the CEQA Guidelines).
Public Notice
Notice of this hearing was published in the Daily Pilot, mailed to property owners and
occupants within 300 feet of the property and posted at the site a minimum of 10 days in
advance of this hearing consistent with the Municipal Code. Additionally, the item
appeared upon the agenda for this meeting which was posted at City Hall and on the
City website.
0
Reasonable Accommodation No. RA2011 -002
May 30, 2013
Page 6
Prepared by: Submitted by:
— Q - - rnjv�
Javier S. arcia, AIC *na i, ICP, Deputy Director
Senior P41anner
ATTACHMENTS
1 Draft Resolution for Denial
2 Applicant Correspondence
3 Physician's letter (CONFIDENTIAL, available only to the Hearing Officer)
4 Site Photographs
5 Revised and Original Project Plans
7
q
Attachment No. 1
Draft Resolution for Denial
I
10
RESOLUTION NO. HO2013 - # ##
A RESOLUTION OF THE HEARING OFFICER OF THE CITY
OF NEWPORT BEACH DENYING REASONABLE
ACCOMMODATION NO. RA2011 -002 FOR ADDITIONS TO
AN EXISTING TWO -UNIT RESIDENTIAL STRUCTURE TO
ACCOMMODATE A DISABLED PERSON, LOCATED AT
219 DIAMOND AVENUE (PA2011 -118)
THE HEARING OFFICER FOR THE CITY OF NEWPORT BEACH HEREBY FINDS AS
FOLLOWS:
SECTION 1. STATEMENT OF FACTS.
1. Chapter 20.52 of the Newport Beach Municipal Code (NBMC) sets forth a process
to provide reasonable accommodations in the City's 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.
2. An application was filed by Jane Bakman, property owner, with respect to property
located at 219 Diamond Avenue, and legally described as Lot 28, Block 10, Section
Three, Balboa Island Tract, requesting accommodation from the requirements of
Newport Beach Municipal Code (NBMC) Section 20.18.030, (Residential Zoning
Districts Land Uses and Permit Requirements) to allow additions and alterations to
an existing two -unit dwelling in excess of the floor area limit.
3. The subject property is located in the R -BI (Two -Unit Residential, Balboa Island)
Zoning District.
4. A public hearing was held on May 30, 2013, in the Balboa Island Conference Room,
100 Civic Center Drive, Newport Beach, California. A notice of time, place and
purpose of the meeting was given in accordance with the NBMC and other
applicable laws. Evidence, both written and oral, was presented and considered at
this meeting.
5. The hearing was presided over by Hon. John C. Woolley, retired Judge (California
Superior Court, Orange County), Hearing Officer for the City of Newport Beach.
11
City of Newport Beach
Hearing Officer Resolution No. HO2013 -###
Bakman Accommodation (219 Diamond Ave)
Page 2 of 4
SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION.
This project has been determined to be categorically exempt under the requirements of
the California Environmental Quality Act (CEQA) under Class 1 (Existing Facilities).
This class of projects has been determined not to have a significant effect on the
environment and is exempt from the provisions of CEQA. This activity is also covered
by the general rule that CEQA applies only to projects that have the potential for
causing a significant effect on the environment (Section 15061(b)(3) of the CEQA
Guidelines. It can be seen with certainty that there is no possibility that this activity will
have a significant effect on the environment and therefore it is not subject to CEQA.
SECTION 3. FINDINGS.
In accordance with Section 20.52.070 (D.2) of the Newport Beach Municipal Code, all of
the following findings must be made in order to approve a reasonable accommodation:
1. Required Finding: The requested accommodation is requested by or on the
behalf of one or more individuals with a disability protected under the Fair
Housing Laws.
Facts in Support of Finding: The applicant submitted a statement signed under penalty
of perjury that the property will be occupied by a person with a disability and requires
accommodation.
2. Required Finding: The requested accommodation is necessary to provide
one or more individuals with a disability an equal opportunity to use and
enjoy a dwelling.
Facts Do Not Support the Finding:
1. An accessible bathroom is currently provided by the existing ground floor
bathroom. Any modifications necessary to make the existing bathroom
accessible can be accommodated within the existing permitted floor area.
2. The proposed 189 - square -foot breezeway addition proposed is in excess of that
necessary to provide an accessible bathroom.
3. With consideration of the factors provided by NBMC Section 20.52.070 (D -3), the
requested accommodation is not necessary to provide the disabled individual an
equal opportunity to use and enjoy a dwelling. The justification presented does
not support the proposed size and location of the additions that are the subject of
the accommodation request.
12
City of Newport Beach
Hearing Officer Resolution No. HO2013 -###
Bakman Accommodation (219 Diamond Ave)
Page 3 of 4
3. Required Finding: 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: Allowing the construction of additions to the dwelling unit
would not impose an undue financial or administrative burden on the City. The
administrate costs of processing the building permit will be offset by normal building
permit fees.
4. Required Finding: That the requested accommodation will not result in a
fundamental alteration in the nature of a City program, as "fundamental
alteration" is defined in Fair Housing Laws and interpretive case law.
Facts in Support Finding:
a. The proposed floor area is consistent with surrounding residential properties with
similar sized structures which may also exceed allowed floor area. The request to
exceed the floor area is not related to the use of the property, which remains
residential. The mass and bulk of the proposed structure will be within the
perimeter of the existing building footprint and will not be discernibly abrupt in
scale from the surrounding structures which may comply with the floor area
limitations.
b. The proposed additional square footage would not intensify the existing two -unit
residential use. Therefore, the increase in floor area would have no affect on
traffic or parking in the vicinity; although the property is nonconforming with
regard to parking since it only provides one parking space per dwelling unit.
C. The increase in floor area would not conflict with the existing residential uses on
site or in the neighborhood.
d. There is no intention to operate the dwelling as a residential care facility. Thus,
the granting of the reasonable accommodation request will not create an
institutionalized environment.
5. Finding: The requested accommodation will not, under the 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: The property is occupied by a duplex which is consistent
with the zoning district in which it is located. The addition would be constructed in
accordance with the required Building and Safety Code, therefore, the proposed project
is
City of Newport Beach
Hearing Officer Resolution No. HO2013 -###
Bakman Accommodation (219 Diamond Ave)
Page 4 of 4
would not pose a threat to the health or safety of other individuals or substantial
physical damage to the property of others.
As Finding No. 2 cannot be made, the reasonable accommodation must be denied.
SECTION 4. DECISION.
NOW, THEREFORE, BE IT RESOLVED:
Section 1. The Hearing Officer of the City of Newport Beach hereby denies
Reasonable Accommodation No. RA2011 -002.
Section 2. This action shall become final and effective fourteen (14) days after the
adoption of this Resolution 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, DENIED AND ADOPTED THIS DAY OF , 2013.
in
ATTEST:
City Clerk
Hon. John C. Woolley, retired Judge
(California Superior Court, Orange County)
Hearing Officer for the City of Newport Beach
14
Attachment No. 2
Applicant Correspondence
15
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tt a L`fi;{r)_,FNk.KP.a_ JUN 00 2011
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Request for reasonable Accommodation
d+3.pyrlemeutal .[nfurm.at'icia Ret }uixed CITY OF NI VdPOIZT BEACI$
p4zo /l —
PlanningDepartroern ApplicationTJumber.._,Wr
3 300 NNtwrort Boldevard.
Newport reach, Callfcmla 42658 '$91 '
(94,91 654442vO
I aid :itafk' in deterrnhiing that llra ner;vasory flndlrigs sat: bi mude in this particular, csse
s .set forth in chraptev 'AWS8 of the Municipvl Code, plense answer the following quWMonn
with regard to your request (Fiea;ae Oath on seporate shceis, if meeasarv):
01,11011sing, naive of fecility, 1a6.1din(.10eal narne of corporation
A,l ±pffcart;
(Fay. number)
(C - 'Nitsif atitlresr:)
(Subje4t I'rep!:rty Addt'ess} Assessor's Parcel Number (APNI
r q l �c� �fi►-t�
Is &A application being suboxritted by n person with a disability, that parson's rcpresentati.ve,
or,--a--).develvgen or, provie..er of 4ousing ¢'9r J ndi idustls �_v IT a dfsabiilky?
Doe the applicant, or, individWi(s} on whose ibehalf the application is being male, hen's
physical or rnnrual fmpafmments that substantially, limit one or .more of such person's major UL
activities'? if ,+o, plpasc statq the frnnalrraent(s) and provide docurmnistion of such
3. From wHeh upccilic Zoni+,g (soda pro9isions, pcliclns nr practices Ave you seeking an
exception at modification?
Pop I ON
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4. Vhwgt' vxpiai'r. -why file SpecifIQ exro t i)li o': rood;fkation requ-c•&ted is ne•neww7 to ]i1, vkle
one cr rraore individuaia With s disaailt Y an ag al opportunity to nse and enjoy the r; sideric?,.
Pigae 1pfo) /Ide clorulpeiu,rtivn „i.f Sly, to ruffs,pp4 -, ynu;° , :plani riun.
S. please explain 'uuiry tl.r Mquest.;d ia.ecrarnfi til.'tPur.'will aff'rrinod ery c0ltins.e trite quaiiry of
life of the individual wiYfl a disability. F'leatr. ^, prnvide J,,xurnentatinn, if any, w suupol.. yulu•
th please vx pi,6iu Mvv the hidividual `. -Vith i, eiaabolity lvill he d/o. ed an cqu1 t1 Ql7pt ?.rttililty to
er;ioy me hwaNj qPu A their OhO Wa an?ret the iwcultniodatirwO Picnue pearride
!. If the appiioac.t 6 a. rinai;tps or prl,d&w o£hw ainj for UdividUal5 with rr di8aUlity, please
explain My the requested tre•uc,l,lrn aeCi;;n is r., :c.essllry to rnnrr: your racitir.y aoonoinioail'y
vl lble ir. I.ilrhe of we Wevanc rnarkat and Ynakrt p,utii:i'p:ints. Please provide doc;n'lr. :ntait.i?lr., it
ltl',y, to soppril -t } Our cx *�ioufttion,
if the applWant is a devetope,r ;,,r provide, 4f housing, fur indNidua :s with a d,Nability, pl,nws l
explain why the recuestad acccanl'rlo.fatien is necdasary tur your fa.rility to provide individuala
with a c9iaaISHW zn erquxl opportunity to Rve in a residential se'i-tl.nii tailing into oorsidertati In the
existing Supply of eacillt'ns of'a sirniiar rtatura :uld oparatiton, irl tiro coml-nunk)" Finaae, provide
do ulrne:nta%4 if any, to iwY,art your exisbru tion,
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), Pleme mdd any Cdier inknnalion t iat may be kidpfal (u thw appticant to cnablc OW City to
determine wvl�aher ti <lndic18M yet V 4 n t "'w,pteX 20.98 uan be made (Use Idditinmal pa fie, if
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Pursuant to Fr.de..ral r.aw and G'hapeer 20:vR ci'the i•Jewporl Beach Nlunicipal 4'�orJ�s, a retluest fus• a
reasonable atccn. :nmOtl;ltion play lrc Inntde, by any persodY with a disabi.11ty, their rrprca- ntatiae, e:
a developer t;l provzix for :acusinLr'bl, itidI 'duals wi *.a a di :'ability in voder bi piryVinj a disable:;
lndlvidoal with a.n. equal rlppoeturslty to t;r; and enjoy a dwelling, The term "reasonpbtr
e1CCGi1]r1]O(lA [ ibn" is used herb as Me term is U4-.d in 01, Federni Fair Housing Fact Ai,neAldillents-
(F!!Ajyh the rkniericans ixgd, CASak+iatea Act (AAA), and rase law implteslle;atiisg and
interpreting those statutes. Reasrnabie 11WO,]anlodat10n rel.lur m shall bF: ceoicwell by a Hearing
C)ngcer arid approved or eondAtially approved so 101% as there is substantial evl :eu,.,, in the
:adtolnistrative reconi that 5stablishes that all of the f,llowiug findings fu° approval have been
nl.ads:
HAVDIZs1G s
1. Ths retuested acc,*rn alodatiOn Is reTI -Ated by or on the behalf of one or t'nore individuals
will± a di8oli lity prateeted under the Fair ,moue ing Law,as.
2. The requested accornn:adatiar] is na :cessary ;o pm•,idc are or pore individuals wit's a
disability att equal opparti;rity to use alas; en'cy a dwelling,
3. The requestee. acconua]oxation will act Snroose alt undee Ananedal or administrative
burden on tie City es "undue financial or adivinisiative. burden" is defined in Pair .HouFinl,
Laws and iniempretive rese IAW,
4, The requested accon,nlodatlnn will ;sot result isr a fimdalnental alteration in the nature of
the City's toning program. os "fna;latnentai alteration" is defined in Fair Housing Laws and
interpretive awe law.
s. The Jcquestad aceemtnodatioa 1.•st' net, under the specific hmm of the case, resuh q 11
direct threat to the With or safety of other lukieluals or substantial physical dainage to the
pmpeayofOthers. -- — --
t"aao I of 1
nIS
20.98.010
Chapter 20.98
RE, ASONAIBILIE ACCOMMODATION
Sections:
20.98.010
]Purpose.
20.98.015
Review Authority.
20.98.020
Application for Reasonable
Accommodation.
20.98.025
]Decision.
20.98. 030
]Expiration, Time ]Extension,
Violation, Discontinuance and
Revocation.
20.98.035
Amendments.
20.98.010 Purpose.
In accordance with Federal and State fair housing
laws, it is the purpose of this chapter to provide rea-
sonable accommodations in the City's 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. (Ord.
2008 -5 § 19 (part), 2008)
20.98.015 Review Authority.
The Hearing Officer, as defined in Section
20.03,030, is designated to approve, conditionally ap-
prove, or deny all applications for a reasonable ac-
commodation. If the project for which the request for
reasonable accommodation is made requires another
discretionary permit or approval, then an applicant
may request that the Hearing Officer hear the request
for a reasonable accommodation at the same time as
the other discretionary permit or approval. If the appli-
cant does not request a simultaneous hearing, then the
request for a reasonable accommodation shall not be
heard until after a final administrative decision has
been made regarding the other discretionary permit or
approval. (Ord. 2008 -5 § 19 (part), 2008)
20.98.020 Application for Reasonable
Accommodation.
A. Applicant. A request for reasonable accom-
modation may be made by any pgrson with a disabil-
ity, their representative, or a developer or provider of
(Newport Beach Suop. No. 22, 5 -08)
934
housing for individuals with a disability. A reason-
able accommodation may be a roved onl be
benefit of one or more individuals wittt -a- disability.
B. Application. An application fora reasonable
accommodation from a zoning regulation, policy, or
practice shall be made on a form provided by the
Planning Department. No fee shall be required for a
request for reasonable accommodation, but ifthe pro-
ject requires another discretionary permit, then the
prescribed fee shall be paid for all other discretionary
permits.
C. Other Discretionary Permits. If the project
for which the request forreasonable accommodation
is made requires another discretionary permit or ap-
proVl, then the applicant may file the. request for
reasonable accommodation together with the applica-
tion for the other discretionary permit or approval.
The processing procedures of the discretionary per-
mit shall govern the joint processing of both the rea-
sonable accommodation and the discretionary permit.
D. Required Submittals. In addition to materials
required under other applicable provisions of this
Code, an application for reasonable accommodation
shall include the following:
I. Documentation that the applicant is: (a) an
individual with a disability; (b) applying on behalf of
one or more individuals with a disability; or (c) a de-
veloper or provider of housing for one or more indi-
viduals with a disability;
2. The specific exception or modification to the
Zoning Code provision, policy, or practices requested
by the applicant;
3. Documentation that the specific exception or
modification requested by the applicant is necessary
to provide one or more individuals with a disability
an equal opportunity to use and enlgj the residence;
4. Any otherrinfortrlation that the Planning Di-
rector reasonably concludes is necessary to determine
whether the finding "s required by Section 20.98.025(B)
can be made, so long as any request for information
regarding the disability of the individuals benefited
complies with fair housing law protections and the
privacy rights of the individuals affected. (Ord. 2008-
5 § 19 (part), 2008)
20.98.025 ]Decision.
A. Clearing Officer Action. The Hearing Officer
shat l issue a written determination to approve, condi-
tionally approve, or deny a request for reasonable
accommodation, and the modification or revocation
thereof in compliance with subsection (B) ofthis sec-
tion. The reasonable accommodation requestshall be
heard with, and subject to, -the notice, review, ap-
proval, and appeal procedures prescribed for any
other discretionary permit-provided that, notwith-
standing Section 20.95.060, the standard of review
on appeal shall not be de novo and the City Council
shall determine whether the findings made by the
Hearing Officer are supported by substantial evi-
dence ppsented during the evidentiary hearing. The
City Council, acting as the appellate body, may sus-
tain, reverse or modify the decision of the Hearing
Officer or remand the matter for further considera-
tion, which remand shall include specific issues to be
considered or a direction for a de novo hearing.
B. Findings. The written decision to approve,
conditionally approve, or deny a request for reason-
able accommodation shall be based on the following
findings, all of which are required for approval:
1. The requested accommodation is requested
by or on the behalf of one or more individuals with a
disability protected under the fair housing laws.
2. The requested accommodation is necessary
to provide one or more individuals with a disability
an equal opportunity to use and enjoy a dwelling.
3. The requested accommodation will not im-
pose an undue financial or administrative burden on
the City as "undue financial or administrative bur-
den" is defined in fair housing laws and interpretive
case law.
4. The requested accommodation will notresult
in a fundamental alteration in the nature of the City's
zoning proms g m, as :'fundamental alteration" is _de-
fined in fai housing laws and interpretive case law.
The requested accommodation will not, un-
der the 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 making these findings, the decision maker may
approve alternative reasonable accommodations
20.98.025
which provide an equivalent level of benefit to the
app
�. The City may consider, but is not limited to,
the followingq'actors in determining whether the re-
quested accommodation is necessary to provide one
or more individuals with a disability an equal oppor-
tunity to use enjoy
1. Whether the requested accommodation will
affirmatively enhance the quality of life of one or
more individuals with a disability;_
`� —W e er t e individual or individuals with a
disability will be denied an equal opportunity to en-
joy the housingsing ty °� �e of their choice absent the ac-
commodation; '
In the case of a residential care facility,
whether the requested accommodation is necessary to
make facilities of a+similar nature or operation eco-
nomically viable in light of the particularities of the
relevant market and market participants;
4. In the case of a residential care facility,
whether the existing supply of facilities of a similar
nature and operation in the community is sufficientto
provide individuals with a disability an equal oppor-
tunity to live in a residential setting.
D. The City may consider, but is not limited to,
the following factors in determining whether the re-
quested accommodation would require a fundamental
alteration in the nature of the City's zoning program:
1. Whether the requested accommodation
would Jaf ndamentally alter the charac_ ter of tho
nehborhood;
2. Whether the accommodation would result in
a substantial increase in traffic o� r irnsufficient nor -
r, ng;
3. Whether granting the requested accommoda-
tion would substantially undermine any express pur-
pose of either the City's General Plan or an applica-
ble specific plan; r
4. In the case of a residential care facility,
whether the requested accommodation would create
an institutionalized environment due to the number of
and distance between facilities that are similar in na-
ture or operation.
B. Coastal Zone Properties. For housing located
in the coastal zone, a request for reasonable accom-
935
(Newport Beach Supp. No. 22, 5 -08)
20.98.025
modation under this section may be approved by the
City if it is consistent with the requisite findings set
forth in Section 20.98.025(B), with Chapter 3 of the
California Coastal Act of 1976, and with the Interpre-
tative Guidelines for Coastal Planning and Permits as
established by the California Coastal Commission
dated February 11, 1977; and any subsequent amend-
ments, and the local coastafprogram.
F. Rules While Decision is Pending. While a
request for reasonable accommodation is pending, all
laws and regulations otherwise applicable to the
property that is the subject of the request shall remain
in full force and effect.
G. Effective Date. No reasonable accommoda-
tion shall become effective until the decision to grant
such accommodation shall have become final by rea-
son of the expiration of time to make an appeal. In
the event an appeal is filed, the reasonable accom-
modation shall not become effective unless and until
a decision is made by the City Council on such ap-
peal, under the provisions of Chapter 20.95. (Ord.
2008 -5 § 19 (part), 2008)
20.98.0300 Expiration, Time Extension,
Violation, Discontinuance and
Revocation.
A. Expiration. Any reasonable accommodation
approved in accordance with the terms of this chapter
shall expire within twenty-four (24) months from the
effective date of approval or at an alternative time
specified as a condition of approval unless:
A building permit has been issued and con-
struction has commenced;
2. A certificate of occupancy has been issued;
3. The use is established; or
4. A time extension has been granted.
In cases where a coastal permit is required, the
time period shall not begin until the effective date of
approval of the coastal permit.
B. Time Extension. The Hearing Officer may
approve a time extension for a reasonable accommo-
dation for good cause for a period or periods not to
exceed three years. An application for a time exten-
sion shall be made in writing to the Planning Director
(Newport Beach Supp. No. 22, 5 -08)
936
no less than thirty (30) days or more than ninety (90)
days prior to, the expiration date.
C. Notice. Notice of the Hearing Officer's'deci-
sion on aiime exte4on sHall be provided as speci-
fied in Section 20.91.030(C). All written decisions
shall give notice of the right to appeal and to request
reasonable accommodation in the appeals process as
set forth in 'subsection (D) of this section.
D. Appeal of Determination. A time extension
for a reasonable accommodation shall be final unless
appealed to the City Council within fourteen (14)
calendar days of the date of mailing of the determina-
tion. An appeal shall be made in writing and shall be
noticed and heard pursuant to the procedures estab-
lished in-Chapter 20.95 of this Code, as modified by
Section 20.98.025(A).
E. Violation of Terms. Any reasonable accom-
modation approved in accordance with the terms of
this Code may be revoked if any of the conditions or
terms of such reasonable accommodation are vio-
lated, or if any law or ordinance is violated in con-
nection therewith.
Discontinuance. A reasonable accommoda-
tion shall lapse if the exercise of rights granted by it
is discontinued for one hundred eighty (180) con-
secutive days. If the persons initially occupying a
residence vacate, the reasonable accommodation
shall remain in effect only if the Planning Director
determines that: (I) the modification is physically
integrated into the residential structure and cannot
easily be removed or altered to comply with the
Code, and (2) the accommodation is necessary to
give another disabled individual anequal opportunity
to enjoy the dwelling. The Planning Director may
request the applicant or his or her successor in inter-
est to the property to provide documentation that
subsequent occupants are persons with disabilities.
Failure to provide such documentation within ten
days of the date of a request by the City shall consti-
tute grounds for discontinuance by the City of a pre-
viously approved reasonable accommodation.
G. Revocation. Procedures for revocation shall
be as prescribed by Chapter 20.96, Enforcement.
(Ord. 2008 -5 § 19 (part), 2008)
M00
0
(1, Kewport Beach Police D4.Amealt
sources
�1 ��; ! 7r.> rirovklt; vi;ain -rs witPo rights to nre;tice
and due: rocess
in acco-rianr... r., 144th the Victims' 13M of Rights Act of 2008
1 clical 88.es(a)an'e:rrs ;arar. :i�it.l�h�U7�a' Groups
`(oul. local Victim 'hMinem Assi €atance C•etrttercan paovicie advocacy and specific information oil local
resources, the Vic. im Go? 1pensat.ion Program, ?nd support groups. To obiain Information or) the
Victim W tress As8istan: > Center nearest you, contact: VictiMIS of Clime Resource C:enkca!r,
1.'800- 'ViC -1'jMS (1- .800-8,2--8467).
C��Fsme'9•�ii� �t:��raa�fue�� i"?t ��alfr6r�!uro�a9 V8�!yL�t.to°r;, +a:�
)'he following Bare borne the resources available to viLrims and their families. i°his is not u'I
e)xjjaurtiv! list. -Tppe Atiotney General offers these references for inforrnationai purposes only.
California Attdrney Gc netal's Victim Services Unit '1 -877- 433 -3069 wwtro .ag.c�t.gvu / ✓i {,tirnservi<.ear
California Del- li'trtmerr of Corrections and Rehabilitation, Office of Victim & Survivor Flights t
Services- 1- 877, - 256 -C.VSS (6877) wivw.c:Jrr.c:a.gov.a,ictirrr services
U Rape, Abuse,li!tcest I dationai Network 1- 1300 -524 -4765 www.rainn.oig
I
California F'arthershir to End Domestic Violence 1 -800. 5244755 uvyavv.cpeJv.vrs
Center for 1Vi#ing & Yxpiuited Children 1- 1300 -TF -IE -LOST- (1- 800 - 843 -5678i
n twrw. missingl>kIlids. cot; f
u National Centlnr for V ctims of Crime t- 800 -FYI. -CALL (1•- 800 - 394 -22! 5) wwmt.ncvc..orgrrdafiona,'
i'+lational oomustic; Vi )le'nce Hotline 1- 600 - 799 -SAFB (7233) wovw.nclhv.org
li
Victim cc,lro'ap6imatsa in Pa'0 c'aatro
Help for victim
victims "':
i iI 1:Ilr Violence. Sfurl' Driving
1 1 ° Cl' Ild Abuse - euaal Assault
fornI6de o Ht rnan Trafficking - Robbery
vehicluar miI �nslaughtcr
Whin potentially fm, the Victim's Compensation, Progarn help pay tor?
Relocation . a Funeral Costs - Crifne Scene Cleanup ® Loss of ll -ICOMF
N Iftnt.0 health C> )urlseli 1g Medical & Dental Bills
For more inforridiflon, corftar,: you Victifrl Witness Assistance Center, or
Jic; r.•n all n f& Gij ievniment Claims Sward 1 -600- 777 -9229 WWW.YlCtin'rCCI!'71 Gntic7fiOrd.Cd.c OV
On Novernbeu 4, 211)08, itie Poc :ie of the :ttede of Carforma approved proposition 9, the Nicifrns Bill of iiidhts Act of 20G!I.Niarsys
Law. his measure an*ended th 3 California !' 0DIISWLMOn to provida additional rights to vict!ms. This card cc:nrain:=, specific sections or
?hr; victims, Elul or (aighC, and rot purr es. CrimO vicfmn may ohiain additional information oy contarling the 1lfcbms cl Crinle Resource
i-onter at 1.800- `dll:)TBKI:S (1- 81)(.642- 8467).
A ''vicfini' is definp(f Minder tho Calilorn!a `:costituhan as: 'a person who Suffers direct or mteatericd physic,,! pp;ychologiow. ?al
flrIL1110a) harm Lis 1 restia of rile :nmmissiuo or 3lr0tnr; hi'rl commission vl a ulimG. of del!nquent act. me torrn ictun' ulsc 4,0,,aoc: 9ho
peson's spfluse, pan*hts, chiidl n, siblings, or guardian, land include's a lawful representative of a onate victim 'Y hc) is deceased. ai
minor. or pityrsically or psychcll alca!fy incapucita'ied._ The form 'victim' does not include a persc) in cus -ody for art oNense, thr;
accured, fir a pauson whom !tie :curt finds would not act io the best intef0515 of a minor victim." (Cal '- orlst., an:. !, § 28(e1)
S9
! Ictims° Bud@ of Rightsi
"Ma rsyrs Right'Sva
C;aljfornia CUflStittftjon,,article i, Section 28(b)
in order to pr'esarve arhd protect a victim's rights to justice < :orcerning the irnpact of It;e offense on 1ne victirn
and due process, a victim shed be entitled to the follorvin and the victim's family and any senlanrirtg
recommendations bekcra the sentencing ci the
rights'' defendant.
I. -i be heated with fairness and re:,.c, for his or liar
privacy and dignity, and to be free frorn intimidation,
harass,meni, and abuse. if rough:oul the cruninal or
juvenOt? rUStiC13 prbCPF.S.
9. '1-o be reasonablyiprotect='i from the defendant and
persons acting off behalf : f tile. defendant.
3. To have the safret'y of '.he ictirn and the victim's
tamlly considered in fixing file amount of bail and
raiease conditions for the' i< :fendant.
4. To prevent the diselosume : f cr;nfide'ntial information
or records to the deienda it. the detehdant's attorney;
or any littler ;arson actinr, on behalf of the defendant,
which could be used fo to :ate or harass the victin'I or
the victir's family or whit I disclose confidential
communications rnade in die course of medical or
counseling treatment, or" vhich are otherwise
privileged or confidential ry law.
z5 '7o refuse an int ;arview, d; position, or discovery
request by the defendant the defendant's attorney. or
any other Person acting r n behalf of the defendani,
and to set reasonable co editions on the conduct of
any such interview to whr .h the; victim conser its.
6. To reasonable notice of i nd to reasonably confer with
the prosecuting agenr-.v. !pors request, regarding, the
arrest of the defendant it <notvn by tale prosecutor,
the charges filed, the den nrwriation whetber to
extradite Itre dr: >fendanl., , rid, upon request, to be
rmfified of and irforrred f efore any rirelnal disposition
of the case.
7. To reasonable notice of ti public proceedings,
Including delinquency pn ceedings, upon request, at
which the defendant .w)d the prosecutor are entitled
to be present and of all f..arofe or other post -
conviction release p'roce•,dings, and to be present at
all such proceedings.
8. To be heard, upon req e, 3t, at any proceeding.
mcluding any dr- lin.-fuenc r proceeding, involving a
post-•anest release decis on, plea, sentencing, post.
conviction release decisi ,n, or any proceeding in
wh.Oi a right of the v:ctin is at k= sue.
T To a speedy trial and a p'omu; and anet conclusion of
the case and any related post - judgment proceedings.
10. To provide: information lc a probation depart+-rient
official conducl;ng a pre ent.ence invesiigaticn
To receive, upon request, the pri;-sentence icport
when availaLle to the defendar,i, except for those
portions made confidential by
t2. I'o be informed, upon rF.,'gUest, of the conviction,
sentence, place and time of ;ncarceration, or ox!; r
disposition of the defendant, the sci,ecilula f release
.:late of the defy-,, runt, and the release of or the
escape by the defendan'. from cutody.
13, To restilutiori.
A. It is the unequivocal inten?.ion of the People of the
State of California that all persons who suffer
tosses as a result of criminal activity shall have
the right to seek and secure restitution from the
persons convicted of the crimes causing the
losses they suffer.
B. Restitution shall be ordered from the convicted
wrongdoer in every case, regardless of the
sentence or disposition imposed, in which a crime
victim suffers a loss.
C. All monetary payments, monies, and property
collected from any person who has been ordered
to make restitution shall be first applied to pay the
arnounts ordered as restitution to the victirn.
14. To the prompt return 0 property when no longer
needed as evidence.
15. `i o be informed of all oaroia pccedures. to particioate
in the parole process., to provide ni ormation to itie
parole authority to be considered before ill& parole o`;
the offender, and to be notified, upon request. of the
parole or other release of the offender.
16. To have the safety of the victirn. ,he victim's family,
and the general public considered before any parole
or other post- judgment release derision is mane.
17. To be informed of the rights enume-raled in
paragraphs (1) through (16;.
A victim, the retained attorney of a victirn, a lawful
mpresentative of the victim, or the prosecuting attorney
upon reauest of the victim, may enforce the above rights in
any trial or appellate court with jurisdiction over the case as
a matter of right. The court shall art promptly on such a
request.
(Cal- Const., art. i, § 28(c)'! Q
40
County of orange
Health Care ,agency
Regulatory Health Servicles
_nvironmental Health
04102l20IJ7
JANE 9A{ MAN
219 1/2 DIAMOND AVE
8.ALe0A SLANG CA 92682
Dow- JAN 1 BAKN AN,
UEUECI4; tv00032132
for yoL r recent notification to L:a about s potential Liniform Housing Code violation
ige Ctrl inty. The violation was described as:
MAL WASTE BEiNis WASHED INTO THE DOWNSTAIRS WALK'J'JAY AREA
'i hnnk yo
veithin Craft
located
3uuP.7Y� A Pf)U'tSON,
UIRECTCift
MICE SPUR." -EON
UEPUIY AGENCY DIRFCC'1OR
REGULATORY HEALTH SERVICE.
R!CHARU SANCHEZ. REHS M P H
I�i�5r"Tr•,
t.�,!St I: pup
FNVIibNmE'N'rAL HEALTH
MAILING ADDRES'i
5241 EAST DYER RCIAG. SW E 120
SANTA ANA CA. 9Z7Oh -561 l
TELEPHONE (714) 47.UM0
FAX. !71 W,.'% -17(X)
F.- Vihil: ~h(acluo.con)
112 CSI 0,M OND AVE BALBOA ISLAND
80A i- zLAND. CA 82M2
We hpve �ont a is tter to the Owner, Masnager, or Resident that any such condition, if it exists as
described'`` wouiei : ra a violation of the Uniform Housing Code. They were also rictified that it is
the policy � f this A gency not to dixelose the name of the - COMPlainarix .
It the can itlon sill exists after :30 days from the date of this lettor, please call our office again
!and incur, a to o + Customer Service staff that the problem hales not been corrected. Please
refer to r plaaint lumber: 000032132 We will forward your second complaint to a Supervisor
for review jand apf ropriate action that may iriciuda an onsite investigation of the premises.
Your help in maintaining a healthful environment is appreciated. If we Carl be of further
asslstar!5; piewit call be?ween 8 :00 a.m. and 9:00 p.im, Monday through Friday, at
(.7-14)433.$000,
Sincerely
V
Na- hregtrxTi* 'S .
Customer �81 -Aca ipedalist
Envfronmej) tai Flee lttt Division
F1142 •CFy. t a4t3 i "!!G C- 11
Newport Beae$a P'ojspee Depar €TA it:
870 Santa T1arb+5'rs! Dr ,,^-tNe�wspmY Hera ulti`yCA 922Vt, ,
Ca,, PNuanher "t � 0 D fl 1Y - f
Phone
Front LD &Aflours: 8:00 a.m. to 6:00 p.nt.
17roat DeskyhoaeL. 949- 644,3681
ltrapeatylletease &lours:
�9ondag -Thor 11ay Betwe�
Yroperty jPh�u2 644 -3���0 `�' , : s'
Othtr PLUne NUTIlbgeyv �.
Dispatch: 6433'717 _Records: 644 -3682
Detectives: 644 7.90 Ju!f; 644.3672
Traffic!Pafro!'641 374 ^" C.riiire Yrewnfion 644 -3699
Crime Scene lnvestigafor 644.3739 --
R,,!, C! /OE
41
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AMENDED PLANNING PERMIT APPLICATION FOR VARIANCE c p-
219 DIAMOND AVENUE
BA1LB ®A ISLAND, CALIFORNIA 92662 -1115
This application is submitted in order to obtain a waiver or modification to the Zoning
Code of the City of Newport Beach, California. The owners of 219 Diamond Avenue
(hereinafter the "Property") seek to add 285 square feet to the existing structure (hereinafter the
"Structure ") on the Property (hereinafter the "Project "), which may cause the existing structure
to exceed the floor area limitations of the R -1.5 Zoning District.
The Property consists of a typical, interior lot with 30 feet of frontage, extending to a
depth of 85 feet, wither rear alley for garage access. The Property has a gross area of
approximately 2,550 square feet.
The Structure is a two -story, two -unit, residential building constructed in 1961. The
interior contains (5) bedrooms and (3) bathrooms. The front owner's unit is two stories, and
contains (4) bedrooms and (2) bathrooms. The rear unit is an apartment over the garage, and
consists of (1) bedroom and (1) bathroom. The building contains an estimated 751 'square feet
on the first floor, and 1,412 square feet on the second floor, with a total building area of 2,163 .
square feet. The garage, at the rear of the unit, contains an estimated 496 square feet.
The owners /occupants of the units are Ms. Jane Bakman, and her mother, Mrs. Virginia
Bakman (Mrs. Bakman). Mrs. Bakman is elderly, and suffers from various medical conditions,
all qualifying disabilities under the Fair Housing Act Title VIII of the Civil Rights Act of 1968,
including congestive heart failure. This variance is required in order to allow Mrs. Bakman an
equal opportunity to use and enjoy the home that she has owned since 1970.
The project provides for the following improvements:
1. An open breezeway will be enclosed, which will allow for additional square footage on
the ground level. This additional square footage will be used to add a bathroom, which
will be accessible for Mrs. Bakman using a cane, walker or wheelchair, and will
eliminate the necessity of navigating stairs, which requires assistance.
2. The front of the house will be extended nominally so that the currently available useable
floor space will not be diminished. This will allow the ground floor to continue to be
used as the primary place of occupancy for Mrs. Bakman during the day. This will also
allow for the repair of the front of the Structure, which is currently in a deteriorated state.
The unlaue circumstances applicable to the Property are not _generally applicable to other
properties in the vicinity under the identical zoning classification.
The Structure on the Property was constructed in 1961, as a two family unit. When built,
the Structure was designed to meet the needs of the presumed average occupant. The Structure
and Property were not designed at that time to accommodate the unique needs of individuals
with disabilities. As currently built, the shape and size of the Property and the Structure do not
152
IV
allow tin freedom of movement tits an individual requiring the assistance ofa walker, or an
individual that is not ambulatory and requires wheelchair assistance.
The purpose when constructing a residential structure is to allow the occupants of that
structure the reasonable opportunity to use and enjoy the dwelling. The occupants ol'similar
dwellings in the vicinity that do no( suffer lions a disability, and do not require the assis(ance of a
°
walker or wheelchair, are afforded the ability to use and enjoy their dwellings, because the shape
and size of their property, and their dwdllings, accommodate their needs. As currently
cons(rue(ed, Mrs. Bakman is not able to use and enjoy the Structure because it does not allow her
freedom of movement within the structure, does not allow her reasonable access to a bathroom,
and does not provide space where Mrs. Bakman can be in the company of others.
As noted in the letter of Dr. Kamvar T. Matta], M.D., Mrs. Bakman suffers rrom several
debilitating medical conditions, and requires a manageable living environment that
accommodates her disabilities. As currently constructed, the Structure will not allow Mis.
Bakman to continue to reside in her home, as she has done since 1970. The shape and size of the
property does not allow for the necessary improvements to accommodate these needs without tine
grant ofa variance.
Strict compliance with the Zoning Cade renuirements will deprive the Property the
privileges enjoyed by other oroncrtnes in the vicinity under the identical zoning
classification by denying tine occupants their rights to reasonable use and enjoyment of the
Properly.
The Zoning Code, as it currently stands, may not allow for the minimal addition of square
ti�otage that is sought. Without this addition, Mrs. Bakman is unable to enjoy reasonable use of
the property, and is unlikely to be able to continue to live on the Property.
Other sinularly zoned properties in the vicinity have been granted variances and exceed
the square footage limitations of the Zoning Code. Although the reasons for the grant of the
previous variances is unknown, it is important to understand that variances have been granted,
and there are few, if any, reasons more compelling than allowing it disabled, elderly woman an
Opportunity to continue to live in her home. The square footage to be added its this instance is
nominal and strict compliance with the Zoning Code substantially impinges on the property
rights of the residents because it is the equivalent of evicting an individual from their own home.
This Variance in no way affects anyone outside of those on the Property, and granting the
variance has no negative elTect on the City or its residents.
Granting a Variance is necessary for the nreserlatiou and enitlyment of substantial
property rights of the residents
Granting a Variance fbr tine improventen(s to the Struucture is the only W8.1. to presarye
Mrs. Bakman-s ability to continue to live urn the Property. The remodeling and additions, while
153
certainly adding to 1tie u9C and Cujoyrocnl of all residents, is critical to allow Mrs. Batunan to
remain in the home. The improvements to be done on the property will create a more spacious
ground floor bathroom, which will allow easier access for either a wheelchair or a walker, and
which eliminates the need to navigate stairs. The inside remodeling allows for a dining area that
is accessible for either a wheelchair or a walker, and allows for the use and enjoyment of the
space by all occupants. In its entirety, the Project creates a home which can continue to address
Ilse needs of its residents, without impacting the use and enjoyment ol'others.
Granting the Varkmec ensures that the rights of the occupants are protected and is not a
grant of a special privilege,
Granting Mrs. Balunan the ability to continue to live in tier home isn't a privilege, it's a
Tight. Every resident and property owner in the vicinity of the Property has a right to use and
enjoy their property. While these rights can't infringe upon the rights of others to do the same,
these rights also shouldn't be curtailed so that a mathematical formula can be satisfied.
Property'rights are fundamental. While reasonable limitations can be imposed to protect
the interests of the community at large, if the limitations do not logically serve that purpose,
entorcing the limitations is a violation of individual property rights. In this instance, the
remodeling and nominal addition have no effect on the City or the surrounding residents. That
being the case, denying the Variance denies the fundamental rights of the residents ortlte
Property by denying them the use and enjoy of their property.
The grant of a variance does not giant aspecial privilege not afforded to others in the
vicinity, To the contrary, granting a variance ensures that the rights afforded to others in the
vicinity are afforded to the residents of the Properly.
Granting the Variance will have no negative Impacts on the City or its residents and whll
not "eeatively affect the general welfare of persons living or working in the neighborhood
The Project will have no impact on the City, Balboa Island or the neighbors of the
Property. The Project creates such a nominal addition, that it doesn't have any impact on the
Property's surroundings. Any impact that the Project would have would be due to the actual
process of construction, which is not a basis to deny the variance. The Structure, after
improvements, will have no greater affect on its surroundings than it does currently, and it will
have no greater effect on its surroundings them any other building in the vicinity.
Granting the Variance meets tine intent and purpose of the Zoning Codc and is a benefit to
the surrounding area and the owner /occupants
!According to the United States Census Bureau 10% of adulrs aged 18 to 611 have
disabilities; however, 38 %0 ofndul(s aged 65 and older have disabilities. In the Unitcd Stales, I l
154
million people aged 6 and over need assistance with everyday activities, including such tasks as
getting around inside the home or taking a bath or shower, and 3.3 million people use a
wheelchair, with another 10 million using a walking aid, such as a cane, crutches or walker.
The stated purpose of the Newport Beach Zoning Code is "to promote and protect the
public health, safety, peace, comfort and general wctlarc, and to protect the character and social
and economic vitality of all districts Within the City, and to assure the orderly and beneficial
development of such areas." 17he City cannot achieve this goal by disregarding the realities of
the existing population, and the reality is that the elderly and individuals with disabilities may
occasionally require the City to grant exceptions. VA le the Code draws a bright line, that line is
in fact blurred when the needs of the individual can be met without affecting the rights of others.
The Project creates a minimal addition to the existing structure, less than 5 %, and does not
expand the footprint of the Structure. There is no effect on the neighbors, and the neighborhood
as a whole is benefited by a population diverse in age and ability. Graining the Variance creates
immeasurable benefits without having any negative impacts, and allows for the realities that exist
in the City's. population.
Given the property rights of Mrs. Bakman, the minimal additional square _footage, the
needs of tubs. Bakntan, and the absence of impact on the neighborhood, we respectfully request
that the City grant the Variance and allowv the Project to be completed as currently designed.
^Jdj3!`f 1 %�'✓~� !�� EwfcCEIVEp @Y
COMMUNITY
MAR 15 2093
�y to
n DEVELOPMENT �
G
fOP NEWPORT P
OF.ppPhENT
P �
?y F IVEWP0�1
1515
150
Attachment No. 3
Physician's letter (CONFIDENTIAL,
available only to the Hearing Officer)
57
Attachment No. 4
Site Photographs
59
00
01
Attachment No. 5
Revised and Original Project Plans
05
00
February 11, 2013
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA. 92658
Attn: Jay Garcia
40 V90 8
pOY(v
per'
OF Po°�
Re: Square Footage for 219 Diamond Ave. - RA2011 -002 (PA2011 -118)
As a currently licensed architect in the state of California, I have measured the above
referenced property to determine the existing square footage and calculated the
proposed square footage for the applicant, Jane Bakman for use in her appliation for a
variance based on reasonable accommodation to add more square footage than is
currently allowed by the Newport Beach Zoning Code.
Attached are graphics for both existing and proposed floor plans with the
corresponding square footages noted.
Thank you
BARRY WALKER P.O. BOX 11658 NEWPORT BEACH[, CALL F®]ltMA 92658 -1658
(C) 949.246.4085 (]E) lbwareh.Ibnz @gmaU.eom
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24
Hearing Officer - May 30, 2013
Item No. 1: Additional Materials Received
Reasonable Accommodation - Bakeman Residence (PA2011 -118)
J. Stephen Torrey, Jr
217 Diamond Ave
Balboa Island, CA 92662
May 27, 2013
Judge John C Woolley, Hearing Officer
City of Newport Beach
Re: Jane Bakman Residence — 219 Diamond Ave, Balboa Island
Reasonable Accomodation No. RA2011 -002
As owners of the property just south of the referenced property, and unable to attend the May
30th hearing in person, we would like to make the following comments:
-In 2012, we completed our home remodel of two bathrooms and installed an elevator,
all for handicap access reasons. Our architect was able to accomplish this without
adding any square footage to the structure.
-We welcome the remodel of the Bakman residence with handicap access so that
Virginia Bakman will be able to move from Fresno into the home with her daughter. We
believe this can be accomplished without a third story or variances to City code.
-We encourage the City of Newport Beach to allow the Bakmans to remodel their home
to accommodate Virginia and any person with disabilities. We're concerned that it has
taken many years for the City and the Bakmans to come to terms on a remodel plan,
and having seen construction fencing and the deteriorating exterior, we would
appreciate a speedy plan to return the home to a pleasant condition.
We encourage both parties to agree on a specific remodel plan for accessibility that meets
within city building codes.
Sincerely,
J. Stephen Torrey, Jr.
Cc: Kathy Torrey, Mike Torrey and Stephanie Sanguinetti