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HomeMy WebLinkAbout01_806 Harbor Island Drive Reasonable Accommodation_PA2015-202 CITY OF NEWPORT BEACH HEARING OFFICER STAFF REPORT February 23, 2016 Hearing Agenda Item 1 SUBJECT: 806 Harbor Island Drive - (PA2015-202) Reasonable Accommodation No. RA2015-002 APPLICANT: Vincent McGuinness PLANNER: Makana Nova, Associate Planner (949) 644-3249, mnova@newportbeachca.gov PROJECT SUMMARY A reasonable accommodation requesting relief from the Newport Beach Municipal Code (NBMC) Section 20.40.090 (Parking Standards for Residential Uses) to remove one parking space and allow an elevator to be constructed within the required parking area of a 2-car garage. The elevator is requested to provide access to the second floor or the residence for an individual with a disability. RECOMMENDATION Staff recommends the Hearing Officer conduct a public hearing and receive testimony from the applicant, 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 draft resolution, approving the reasonable accommodation request for the duration that the residence is occupied by the current property owner (See Attachment No. HO 1). 1 4� ��1ofi 1 2 Reasonable Accommodation 806 Harbor Island Drive February 23, 2016 Page 2 VICINITY MAP •.' ��"�\i •fir '.__ Ft f., ' h:'y }, ._ ^r __- `• '•`+.` !1_ i G .£•. .7140 i � J d. SUBJECT PROPERTY t ,` ,e 41. Us 121 t]il IM..1Bi!>'i��w® e�. ~I 3�I 1 � e•. R' I GENERAL PLAN ZONING c E LOCATION GENERAL PLAN ZONING CURRENT USE RS-D (Single Unit R-1 (Single Unit ON-SITE Residential Detached Residential FSingle-Family Residence OS (Open Space) and OS (Open North Newport Harbor Space) and Private Beach and Newport Harbor Newport Harbor East RS-D (Single Unit R-1 (Single Unit Single-Family Residences Residential Detached) Residential South PF (Public Facilities) PF (Public Balboa Yacht Basin and Marina Facilities RS-D (Single Unit R-1 (Single Unit West Residential Detached) Residential) Single-Family Residences 3 Reasonable Accommodation 806 Harbor Island Drive February 23, 2016 Page 3 INTRODUCTION Project Setting The subject property is located on the north side of Harbor Island Drive. It is bounded by Newport Harbor to the north, the single-family residences to the east and west, and the Balboa Yacht Basin to the south. Background Building permit records indicate the two-story single-family residence and two-car garage were constructed in 1978. The building underwent remodelling in 1985 where a 448-square-foot family room was added at the first floor level to the existing 4,441- square-foot residence. DISCUSSION General Plan, Local Coastal Plan, and Zoning Code The site is designated RS-D (Single-Unit Residential Detached) by the General Plan Land Use Element. The site is located within the RSD-B (Single-Unit Residential Detached) land use category of the Local Coastal Program, Coastal Land Use Plan. The site is located in the R-1 (Single-Unit Residential) Zoning District. The single-family residence is a permitted use under these land use designations. The Zoning Code requires a 2-car garage for homes up to 4,000 square feet and a 3-car garage (10-foot width by 20-foot depth per space) for larger homes. The existing home exceeds 4,000 square feet and provides a 2- car garage and was constructed prior to the 3-car garage requirement. Thus, the home is legal nonconforming related to required parking. Analysis The proposed improvements require a deviation from the development standards for the R-1 Zoning District. The applicant chose to request a reasonable accommodation because one of the persons residing in the home has a disability. The Zoning Code includes a procedure that allows for reasonable accommodations if certain findings can be made. The approval authority for the reasonable accommodation lies with the Hearing Officer in accordance with the provisions of Section 20.52.070.13 (Reasonable Accommodations, Review Authority) of the NBMC. The Hearing Officer is also required to conduct a public hearing in compliance with Chapter 20.62 (Public Hearings) of the NBMC. 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. -4- Reasonable Accommodation 806 Harbor Island Drive February 23, 2016 Page 4 The applicant contends that an elevator is necessary to access the second floor bedrooms of the residence. A physician's letter (Attachment No. HO 3) prepared by Robert S. Gorab, MD and Orthopedic Surgeon, has been submitted by the applicant supporting this claim and the need for convenient elevator access. The statement indicates that the property will be occupied by a person with medical challenges to the lower extremities restricting the ability to walk. According to Dr. Gorab, the individual needs an elevator installed in the home due to these challenges. 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: i. 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. 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 burden"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. V. 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 believes that the findings can be made. 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. The elevator within the garage is needed for an individual to gain accessible access to the second floor level of the residence. The existing single-family residence has a series of steps at the first floor that prevent handicap accessibility throughout the first floor level. Only the garage and front bedroom/study are accessible from a level surface without the use of stairs. In a letter dated November 5, 2015, by Erik R Gibbs of South County Engineering (Attachment No. HO 4), the project engineer explored other potential locations for the elevator in the building. Mr. Gibbs, determined that the most practical location of the proposed elevator would be inside the existing garage to minimize the structural impact to the floor plan. The size of the proposed elevator is not larger than necessary to provide access to the Reasonable Accommodation 806 Harbor Island Drive February 23, 2016 Page 5 second floor level. The placement of the elevator in other locations would alter the existing floor plan significantly or require the elevator to extend outside or above the existing roofline of the home. Locating the elevator within the front study/bedroom at the first floor with a bedroom above would make two smaller sized bedrooms unusable within the existing five bedroom single-family residence. Additionally, the layout of the existing stairway does not offer sufficient loading area to install a chair lift. Thus, the disabled individual would be denied an equal opportunity to enjoy the second floor level of the residence absent the accommodation. Given the scope of work, adding the elevator elsewhere in the residence would result in significant structural alterations to the dwelling. Widening the garage to maintain the required parking stalls would create a practical difficulty by requiring reconstruction of the entire front portion of the dwelling and would result in the loss of the primary entry and bedroom/study at the first floor level. The existing garage provides two useable garage spaces, which is nonconforming to the Zoning Code requirement for three garage spaces on-site. The driveway leading to the garage provides 24 feet in depth to the back of the public sidewalk where two vehicles can be parked without affecting the public's ability to use the sidewalk. However, the property line is 6 feet closer to the garage from the back of sidewalk. In the future, the sidewalk location could be moved to the property line. Parking or a driveway in front of a garage does not meet the minimum design standard for required parking of the Zoning Code, but parking on a driveway is allowed, provided vehicles don't block the sidewalk. Allowing the residents to park on the private driveway continues to fulfill the intent of the Zoning Code by providing adequate parking on site while allowing sufficient accessible access to the home. Pedestrian and vehicle access in the right-of-way will not be hindered if vehicles park in the front driveway. Approval of the application allows the applicant to continue the use of the remaining single garage space and private driveway available, which is not expected to be detrimental to the occupants or neighbors of the dwelling. With consideration of the factors provided by NBMC Section 20.52.070 (D-3), the requested 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 second floor level of the residence by elevator, which the applicant claims would enhance their quality of life. Any alterations necessary to make the second floor level accessible cannot be accommodated within the existing floor area. Alternatives 1. The Hearing Officer may approve other reasonable accommodations that provide similar level of benefit to the applicant. In this case, the requested elevator within the garage could be required to be located elsewhere within the residence. Reasonable Accommodation 806 Harbor Island Drive February 23, 2016 Page 6 2. The Hearing Officer may deny the Reasonable Accommodation request (Attachment No. HO 2). 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. The scope of work involves the addition of an elevator within the 2-car garage of an existing single-family residence. Public Notice Notice of this hearing was published in the Daily Pilot, mailed to property owners 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. Prepared by: Submitted by: Makana Wova Bren a"Wisne-A, ICP, Deputy Director Assistant Planner ATTACHMENTS HO 1 Draft Resolution Approving the Reasonable Accommodation HO 2 Draft Resolution Denying the Reasonable Accommodation HO 3 Physician's Letter HO 4 Engineer's Letter HO 5 Site Photos HO 6 Vicinity Map HO 7 Project Plans 12/21/11 4� ��1ofi 1 8 Attachment No. HO 1 Draft Resolution Approving the Reasonable Accommodation 4� ��1ofi 1 RESOLUTION NO. HO2016-0## A RESOLUTION OF A HEARING OFFICER OF THE CITY OF NEWPORT BEACH APPROVING REASONABLE ACCOMODATION NO. RA2015-002 FOR THE PROPERTY LOCATED AT 806 HARBOR ISLAND DRIVE (PA2015-202) THE HEARING OFFICER OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Eric Papa, representing property owner, Vincent McGuinness, with respect to property located at 806 Harbor Island Drive, and legally described as Lot 7 of Tract 3867, being a Subdivision of a portion of Block 94 of Irvine's Subdivision as shown on a map thereof, recorded in Book 1, Page 88, of Miscellaneous Record Maps, Records of Orange County, and a portion of Bayside Drive as abandoned per Book 9568 Page 719 and Book 10126 Page 349 Official Records, Records of Orange County, California. The applicant requests approval of a reasonable accommodation. 2. The applicant has submitted a reasonable accommodation requesting relief from the Newport Beach Municipal Code (NBMC) Section 20.40.090 (Parking Standards for Residential Uses) to remove one parking space and allow an elevator to be constructed within the required parking area of a 2-car garage. The elevator is requested to provide access to the second floor of the residence for an individual with a disability. 3. The subject property is located within the R-1 (Single-Unit Residential) Zoning District and the General Plan Land Use Element category is RS-D (Single-Unit Residential Detached). 4. The subject property is located within the coastal zone and the Coastal Land Use Designation is RSD-B (Single Unit Residential Detached). 5. Chapter 20.52.070 (Reasonable Accommodations) of the Newport Beach Municipal Code (NBMC) provides reasonable accommodations in the City's zoning and land use regulations, policies, and practices when needed to provide an individual with any disability an equal opportunity to use and enjoy a dwelling. 6. A public hearing was held on February 23, 2016, in the Corona del Mar Conference Room (Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Hearing Officer at this meeting. 7. The hearing was presided over by Bill Conners, Municipal Law Consultant, Hearing Officer for the City of Newport Beach. Hearing Officer Resolution No. HO2016-0## Page 2 of 8 SECTION 2. CALIFORNIA ENVIRONMENTAL QUALITY ACT DETERMINATION. 1. This project has been determined to be categorically exempt pursuant to Title 14 of the California Code of Regulations (Section 15301, Article 19 of Chapter 3, Guidelines for Implementation of the California Environmental Quality Act) under Class 1 (Existing Facilities). 2. The project involves minor physical modifications to an existing single-family residence involving the addition of an elevator within an existing garage. The scope of work involves the addition of an elevator within the 2-car garage of an existing single-family residence. SECTION 3. REQUIRED FINDINGS. In accordance with Section 20.52.070(D)(2) of the Newport Beach Municipal Code, the following findings must be made in order to approve the reasonable accommodation: Finding: i. 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. Facts in Support of Finding: 1. A letter from Robert S. Gorab, MD and Orthopedic Surgeon has been submitted by the applicant supporting this claim and the need for convenient elevator access. The statement indicates that the property will be occupied by a person with medical challenges to the lower extremities restricting the ability to walk. According to Dr. Gorab, the individual needs an elevator installed in the home due to these challenges. Finding: ii. That the requested accommodation is necessary to provide one or more individuals with a disability an equal opportunity to use and enjoy a dwelling. Facts in Support of Finding: 1. The elevator within the garage is needed to gain accessible access to the second floor level of the residence for a person with a disability to more fully enjoy the use of the home. The existing single-family residence has a series of steps at the first floor that prevent handicap accessibility through the first floor level. Only the garage and front study are accessible from a level surface without the use of stairs. 2. In a letter dated November 5, 2015, by Erik R Gibbs of South County Engineering, the project engineer explored many potential locations for the elevator in the building and after reviewing the framing plans, determined that the most practical location of the 07-22-2014 Hearing Officer Resolution No. HO2016-0## Page 3 of 8 proposed elevator would be inside the existing garage to minimize the impact to the existing structure and floor plan. 3. Alternative elevator locations are infeasible due to the amount of structural alteration that would be necessary to accommodate this feature within the existing residence. If the elevator was located within the front study/bedroom, this would make two bedrooms unusable within the five bedroom single-family residence. The placement of the elevator in other locations would alter the existing floor plan significantly or require the elevator to extend outside or above the existing roofline. Additionally, the layout of the existing stairway does not offer sufficient loading area to install a chair lift. 4. With consideration of the factors provided by NBMC Section 20.52.070 (D-3), the requested 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 second floor level of the residence by elevator, which will enhance their quality of life. Any modifications necessary to make the second floor level accessible cannot be accommodated within the existing residence without more significant disruption of the interior of the home. Finding: iii. That the requested accommodation will not impose an undue financial or administrative burden on the City as "undue financial or administrative burden" is defined in Fair Housing Laws and interpretive case law. Facts in Support of Finding: 1. Allowing the construction of an elevator within the existing garage 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. Finding: iv. That the requested accommodation will not result in a fundamental alteration in the nature of the City's zoning program, as "fundamental alteration" is defined in Fair Housing Laws and interpretive case law. Facts in Support of Finding: 1. The proposed accommodation would not result in any fundamental alterations to the character and use of the home or the neighborhood. The home will remain unaltered from external appearances. 2. The proposed elevator within the garage would not intensify the existing two-unit residential use and therefore would not undermine the express purpose or land use identified by the City's General Plan. The proposed improvements would occur within the existing residence and would not result in any exterior modifications to the building. 07-22-2014 2s Hearing Officer Resolution No. HO2016-0## Page 4 of 8 3. The existing residence is consistent with surrounding residential properties with similar sized structures that provide a nonconforming two-car garage where three garage spaces are required under the Zoning Code. The proposed elevator encroaches into the required parking area but will comply with all other applicable development standards, including the floor area limit, height, and setbacks. The residence will continue to provide adequate protection for light, air, and privacy to the residents and adjacent neighbors. The elevator and parking alteration will not preclude access to the dwelling and will be consistent in scale with other dwellings in the neighborhood. The proposed alterations will not change the bulk and scale of the existing residence. The proposed modifications will result in gross floor area that is less than the maximum allowed by the Zoning Code. 4. The request to add an elevator within the existing garage would reduce parking availability to one garage space. Given the scope of work, increasing the garage width to accommodate code required parking width (28 feet 3 inches) and an elevator would result in a practical difficulty by requiring significant structural alterations to the garage and entrance to the dwelling. While required parking within the front setback is not allowed under the Zoning Code, this private driveway accommodates sufficient parking on-site, consistent with the intent of the Zoning Code. 5. 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. Finding: V. 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. Facts in Support of Finding. 1. The elevator would be constructed in accordance with the required Building and Safety Codes; therefore, the proposed project would not pose a threat to the health or safety of other individuals or substantial physical damage to the property of others. The approval of this Reasonable Accommodation is conditioned such that the applicant is required to obtain all necessary permits in accordance with the Building Code and other applicable Codes. 2. The existing garage provides two useable garage spaces, which is nonconforming to the Zoning Code requirement for three garage spaces on-site. The driveway leading to the garage provides 24 feet in depth to the back of the public sidewalk where two vehicles can be parked without affecting the public's ability to use the sidewalk. However, the property line is 6 feet closer to the garage from the back of sidewalk. In the future, the sidewalk location could be moved to the property line. Parking or a driveway in front of a garage does not meet the minimum design standard for required parking of the Zoning Code, but parking on a driveway is allowed, provided vehicles do 07-22-2014 2'� Hearing Officer Resolution No. HO2016-0## Page 5 of 8 not block the sidewalk. Allowing the residents to park on the private driveway continues to fulfill the intent of the Zoning Code by providing adequate parking on site while allowing sufficient accessible access to the home. Pedestrian and vehicle access in the right-of-way will not be hindered if vehicles park in the front driveway. Approval of the application allows the applicant to continue the use of the remaining single garage space and private driveway available, which is not expected to be detrimental to the occupants or neighbors of the dwelling. 3. The existing nonconforming garage has not proven to be detrimental to the occupants of the property, nearby properties, neighborhood, or City the modifications will be adequate in width to park one (1) vehicle in the garage and two (2) vehicles on the front driveway. Finding: vi. For housing located in the coastal zone, a request for reasonable accommodation under this section may be approved by the City if it is consistent with the findings provided in subsection (D)(2) of this section; with Chapter 3 of the California Coastal Act of 1976; with the Interpretative Guidelines for Coastal Planning and Permits established by the California Coastal Commission dated February 11, 1977, and any subsequent amendments; and the Local Coastal Program. Facts in Support of Finding: 1. In accordance with Section 30212 of the California Coastal Act, the proposed modifications to the interior of the existing residence are not classified as new development and are exempt from the California Coastal Act requirement for a Coastal Development Permit since the modifications to the existing residence do not result in an increase of gross floor area, height, or bulk to the of the structure by more than 10 percent. SECTION 4. DECISION. in NOW, THEREFORE, BE IT RESOLVED: 1. The Hearing Officer of the City of Newport Beach hereby approves the requested Reasonable Accommodation No. RA2015-002 (PA2015-202), subject to the findings and considerations set forth above and 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. 07-22-2014 ZJ5 Hearing Officer Resolution No. HO2016-0## Page 6 of 8 PASSED, APPROVED, AND ADOPTED THIS 23RD DAY OF FEBRUARY, 2016. BY: Bill Conners, Municipal Law Consultant Hearing Officer for the City of Newport Beach mmW 07-22-2014 Z� Hearing Officer Resolution No. HO2016-0## Page 7 of 8 EXHIBIT "A" CONDITIONS OF APPROVAL 1. The development shall be in substantial conformance with the approved site plan, floor plans, and building elevations stamped and dated with the date of this approval. (Except as modified by applicable conditions of approval.) 2. The applicant is required to obtain all applicable permits from the City's Building Division and Fire Department. The construction plans must comply with the most recent, City- adopted version of the California Building Code. The construction plans must meet all applicable State Disabilities Access requirements. 3. Parking shall not encroach into the Harbor Island Drive public right-of-way. The private driveway from Harbor Island drive to the existing 2-car garage shall remain open for vehicle parking when necessary. 4. The elevator design shall be modified so that the doorway opens to the west side and does not further restrict the parking area available. 5. The elevator will require a 1-hour rated enclosure. 6. The elevator door shall be self-closing and 20-minute rated. 7. This reasonable accommodation shall lapse if the exercise of rights granted by it are discontinued for at least one hundred eighty (180) consecutive days. 8. 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. 9. This approval shall expire and become void unless exercised within twenty-four (24) months from the actual date of review authority approval, except where an extension of time is approved in compliance with the provisions of Title 20 (Planning and Zoning) of the Newport Beach Municipal Code. 10. 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 the 806 Harbor Island Drive Reasonable Accommodation including, but not limited to, Reasonable Accommodation No. RA2015- 07-22-2014 27 Hearing Officer Resolution No. HO2016-0## Page 8 of 8 002 (PA2015-202). This indemnification shall include, but not be limited to, damages awarded against the City, if any, costs of suit, attorneys' fees, and other expenses incurred in connection with such claim, action, causes of action, suit or proceeding whether incurred by applicant, City, and/or the parties initiating or bringing such proceeding. The applicant shall indemnify the City for all of City's costs, attorneys' fees, and damages which City incurs in enforcing the indemnification provisions set forth in this condition. The applicant shall pay to the City upon demand any amount owed to the City pursuant to the indemnification requirements prescribed in this condition. 07-22-2014 2g Attachment No. HO 2 Draft Resolution Denying the Reasonable Accommodation 19 20 RESOLUTION NO. HO2016-0## A RESOLUTION OF A HEARING OFFICER OF THE CITY OF NEWPORT BEACH DENYING REASONABLE ACCOMODATION NO. RA2015-002 FOR THE PROPERTY LOCATED AT 806 HARBOR ISLAND DRIVE (PA2015-202) THE HEARING OFFICER OF THE CITY OF NEWPORT BEACH HEREBY FINDS AS FOLLOWS: SECTION 1. STATEMENT OF FACTS. 1. An application was filed by Eric Papa, representing property owner, Vincent McGuinness, with respect to property located at 806 Harbor Island Drive, and legally described as Lot 7 of Tract 3867, being a Subdivision of a portion of Block 94 of Irvine's Subdivision as shown on a map thereof, recorded in Book 1, Page 88, of Miscellaneous Record Maps, Records of Orange County, and a portion of Bayside Drive as abandoned per Book 9568 Page 719 and Book 10126 Page 349 Official Records, Records of Orange County, California. The applicant requests approval of a reasonable accommodation. 2. The applicant has submitted a reasonable accommodation requesting relief from the Newport Beach Municipal Code (NBMC) Section 20.40.090 (Parking Standards for Residential Uses) to remove one parking space and allow an elevator to be constructed within the required parking area of a 2-car garage. The elevator is requested to provide access to the second floor of the residence for an individual with a disability. 3. The subject property is located within the R-1 (Single-Unit Residential) Zoning District and the General Plan Land Use Element category is RS-D (Single-Unit Residential Detached). 4. The subject property is located within the coastal zone and the Coastal Land Use Designation is RSD-B (Single Unit Residential Detached). 5. Chapter 20.52.070 (Reasonable Accommodations) of the Newport Beach Municipal Code (NBMC) provides reasonable accommodations in the City's zoning and land use regulations, policies, and practices when needed to provide an individual with any disability an equal opportunity to use and enjoy a dwelling. 6. A public hearing was held on February 23, 2016, in the Corona del Mar Conference Room (Bay E-1st Floor) at 100 Civic Center Drive, Newport Beach. A notice of time, place and purpose of the meeting was given in accordance with the Newport Beach Municipal Code. Evidence, both written and oral, was presented to, and considered by, the Hearing Officer at this meeting. 7. The hearing was presided over by Bill Conners, Municipal Law Consultant, Hearing Officer for the City of Newport Beach. 21 Hearing Officer Resolution No. HO2016-0## Page 2 of 3 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, the required findings must be made in order to approve the reasonable accommodation. In this case, the Hearing was unable to make the required findings based upon the following: 1. The letter prepared by Dr. Gorab does not provide sufficient document of a qualifying disability. 2. Granting of the application without compelling documentation of a disability would provide special privileges to the subject property by reducing the minimum required parking provided by the Zoning Code. 3. The design, location, size, and operating characteristics of the proposed alterations are not compatible with the allowed single-family residences in the vicinity. The property does not provide sufficient on-site parking to accommodate the residence. The Hearing Officer does not consider the existing structure on the subject property a unique circumstance resulting in any necessity to warrant approval for a reduction in the off-site parking requirement. 4. The elevator is neither required by code nor necessary for the enjoyment of the property. One of the first floor bedrooms could be used as a bedroom to accommodate a person who has mobility issues or a disability. If desired, and as shown through previously approved building permits, the subject property can be altered to comply with the requirements of the NBMC and be used for residential use. 5. The Hearing Officer determined, in this case, that the elimination of a required parking space is inconsistent with the legislative intent of Title 20 of the NBMC. The intent of the Zoning Code parking requirements is to provide adequate off-street parking including garage spaces. The subject property is consistent in orientation, size and shape with typical single-family lots in this neighborhood. Parking is already deficient for the residence. The further reduction of on-site parking would be detrimental to the harmonious and orderly growth of the City. SECTION 4. DECISION. NOW, THEREFORE, BE IT RESOLVED: 1. The Hearing Officer of the City of Newport Beach hereby denies the requested Reasonable Accommodation No. RA2015-002 (PA2015-202). 07-22-2014 22 Hearing Officer Resolution No. HO2016-0## Page 3 of 3 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 23RD DAY OF FEBRUARY, 2016. BY: Bill Conners, Municipal Law Consultant Hearing Officer for the City of Newport Beach AW 07-22-2014 24 Attachment No. HO 3 Physician's Letter 215 20 SOUTH COUNTY ENGINEERING S.G.E. South County Engineering VOEiVED 25991 Avenida Mariposa COMMUNITY San Juan Capistrano, Ca 92675 949-310-7329 NOV 2 sc-engineeringCcox.net � � REVEL-OPMENT �,� Date: 11/5/2015 ��IVIEWP®R'v 00 Project Address: 806 Harbor Island Drive Newport Beach, Ca 92660 To: City of Newport Beach Building Department The purpose of this letter is to address the potential installation location of a residential elevator unit located at 806 Harbor Island Drive in Newport Beach, Ca. June of this year I was contacted by Eric Papa, who is the General Contractor that the property owner hired, and asked to provide structural plans and calculations for the installation of a residential elevator, Upon my initial site visit both the general contractor, the home owner and myself explored many potential locations throughout the residence for the placement of the proposed elevator and I was also supplied with the original set of Architectural and Structural plans of the residence. After reviewing the existing framing plans and taking into consideration the owners requirements I determined that the most practical location for the proposed elevator would be located at the rear inside the existing garage. This location was chosen due to the minimal impact to the existing structure in addition to the direct alignment just outside the bathroom of the floor above. Other possible locations were considered but ulfimafely rejected because the placement would alter the existing floor plan or extend outside and above the existing roof line. It is my opinion that the location of the proposed elevator at the rear of the existing garage would be the best possible location with minimal structural and architectural impacts to the existing structure. Erik R Gibbs P.E. Professional License #: 81 137 Expires 09/30/17 22 Attachment No. HO 4 Engineer's Letter �9 4� ��1ofi 1 Orthopaedic Specialty Institute Medical Group of © range County LAWRENCE S.BARNETT,M.D. • STEVEN L.BARNETT,M,D. • PAUL A,BECK,M.D. ' MICHAEL I.DANTO,M.D. • DANIEL P DEBOTTIS,M.D. • JEHHREY E.DECKEY,M.D. PAULT,DINH,M.D. ' SCOTT P.FISCHER,M.D. • ROBERT S.GORAB,M.D. • RoBERT C.GRUMET,M.D. • MARK N.HALIKIS,M.D. " STEVE KANG,M.D. JONATHAN R.KAPLAN,M.D. ' DAVID W,KRUSE,M.D. ' JAY J.PATEL M.D. ' JIUN-RONG PEND,M.D. " CARLOS A.PRIETTO,M,D. MIGUEL P.PRIETTO,M.D. " BENJAMIN D.RUBIN,M.D. MICHAEL F.SHEPARD,M.D. DAVID C.SMITH,M.D. JEREMY S.SMITH,M.D. CHRIS A.WILLS,M.D. COMMUNITY Community Development Department Planning Division OCT 13 2015 100 Civic Center Drive PO Box 1768 C DEVELOPMENT GS Newport Beach, CA 92658-8915 �e e OP NEWPOO RF: Vincent McGuinness DOB; 1215!1934 Gentlemen: Vincent McGuinness has been a long time patient at our Institute for several years. He has an ongoing medical challenge with his lower extremities which has restricted his ability to walk. Mr. McGuinness recently moved to 806 Harbor Island Drive, Newport Beach, which has two stories. Because of his medical challenges he needs to have an elevator installed in the new home. If you have any questions please contact the office at 714-937-2136. Sincerely, Robert S. Gorab, MD Orthopaedic Surgeon GENERAL ORTHOPAEDICS • SPORTS MEDICINE " ARTHROSCOPY ' RECONSTRUCTIVE KNEE AND SHOULDER SURGERY " JOINT REPLACEMENT AND ARTHRITIS SURGERY PHYSICAL MEDICINE AND REHABILITATION • ADULT AND PEDIATRIC SPINE SURGERY • HAND AND UPPER EXTREMITY SURGERY • FOOT AND ANKLE SURGERY 280 S. Main Street • Suite 200 • Orange, CA 92868 • Tel. (7 14) 634-4567 • Fax (714) 634-4569 31 S2 Attachment No. HO 5 Site Photos SS S4 r � t; of w r I f, I Site Photo 11-24-2015. Proposed elevator location within existing 2-car Site Photo 11-24-2015. Stairs within existing first floor level. garage. 1+ �f - F�, A \ M _ > 1 _ R *1, AMW Site Photo 11-24-2015. Private driveway along Harbor Island Drive. ritperhoto 11-24-2015. Existing second floor bedroom where elevator posed. t ; .W 0 - I "' Site Photo 11-24-2015. Existing 2-car garage. Site Photo 11-24-2015. Front study/bedroom within existing home. Attachment No. HO 6 Vicinity Map S7 se VICINITY MAP :7. 7 s yG l� Mainz �s .y,' 47 _ Pa -Ila .yam�-'V51[ is . - 4 -24 _ f All Staff Approval No. RA2015-002 PA2015-202 806 Harbor Island Drive 39 40 Attachment No. HO 7 Project Plans 41 42 PA2015-202 i I j (E) 2-CAR 1 GARAGE 199.5" I I 10" 6„ 6., 25" GARAGE PLAN I 25" SCALE; J"_V- 0" -� 44. 5 " FF f. THESE DIMENSIONS ARE THE FINISHED WALL 44 r� " I DIMENSIONS THAT CREATE THE ELEVATOR SHAFT. i 36 44.5" x 44.5" , MINIMUM INTERIOR /L� X ELEVATOR DIMENSIONS 28"X36" /A vx 1 --f 112- 12 It L I LAI I- iL L U. 11-T Vi I" --.I----------,--- -, --- LIX • —--------- r14 -1 TtE_ rt + •� ,�•y-r ,-- - --r-•r..y`_'c :" ,. L�t Ile f 7� f*-N 5 q- OL i. 4_1 I.Ef x IL wvI., A A-LA 1172 � .. `� ,_. ;4 � �I :i ; ; i ,;: � ; 3 t �,t �_ � � r ! � ' � ' ! i -�+ i '��. f i { � ---;--Y-t ---i-' ; � ��j� t-- ` i'i` _ ItA fo: jj • - C: U CUWAN job rw:g. *-A*= f o MI Lij --- r, - t, _.. 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