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HomeMy WebLinkAbout2 - Request for Reasonable Accomodation 11-1 (A-114 Surfside Ave)December 7, 2011 STAFF REPORT To: Honorable Chairwoman and Planning Commission From: Department of Development Services Subject Request for Reasonable Accommodation 11 -1 A -114 Surfside Avenue GENERAL DESCRIPTION Applicant: YOLANDA MCCAUSLAND Owner: CYNTHIA RICHARDSON Location: A -114 SURFSIDE AVENUE Classification of RESIDENTIAL LOW DENSITY (RLD -9 - SURFSIDE) Property: Request: FOR REDUCTION IN REQUIRED PARKING FOR A SINGLE FAMILY DWELLING TO ACCOMMODATE AN ELEVATOR WITHIN THE REQUIRED GARAGE AREA, REDUCING THE REQUIRED TWO -CAR GARAGE TO A SINGLE -CAR GARAGE. * THIS REQUEST HAS BEEN MADE PURSUANT TO THE REASONABLE ACCOMMODATION PROVISIONS OF THE FEDERAL FAIR HOUSING ACT AND THE SEAL BEACH MUNICIPAL CODE Environmental Review: PURSUANT TO ARTICLE 18, §15270, OF CEQA GUIDELINES, THIS PROJECT IS STATUTORILY EXEMPT FROM CEQA. Code Sections: CHAPTER 11.5.30 OF THE SEAL BEACH MUNICIPAL CODE Recommendation: DENY RAR 11 -1. DENIAL SHOULD BE THROUGH THE ADOPTION OF PLANNING COMMISSION RESOLUTION 11 -26. Planning Commission Staff Report Request for Reasonable Accommodation 11 -1 A -114 Surfside Avenue December 7, 2011 I =1, ❑ On September 27, 2011, Yolanda McCausland ( "the applicant ") submitted an application for a Request for Reasonable Accommodation to the Department of Development Services. ❑ Specifically, the applicant is seeking a reasonable accommodation from the parking requirements of the Zoning Code to legalize an elevator structure that was previously constructed without permits within the required garage area of a single - family dwelling. The applicant is requesting a reasonable accommodation under the Federal Fair Housing Act. ❑ The subject property is approximately 1314 sq. ft. in area and is located at A -114 Surfside Avenue. ❑ The subject property has approximately 25.07 feet of frontage along Surfside Avenue, 25.0 feet of frontage on along the rear (beach) side of the property, and is mostly rectangular in shape. ❑ The surrounding land use and zoning are as follows: NORTH, EAST, WEST: Single family residences in the Residential Low Density (RLD -9) zone within the Surfside Colony. SOUTH: Beach; Pacific Ocean ❑ As of November 30, 2011, Staff has received one email in opposition, in response to the hearing notices that were mailed out and published for the proposed project RAR 11 -1. DISCUSSION The subject property, Orange County Assessor's parcel number 178 - 462 -06, is located within the Residential Low Density (RHD -9 - Surfside) zone. The property contains a single - family dwelling that is non - conforming due to the construction without permits of an elevator in the required garage area. The house is approximately 2,426 square -feet in area and the garage was approximately 439 square feet in area before construction Planning Commission Staff Report Request for Reasonable Accommodation 11 -1 A -114 Surfside Avenue December 7, 2011 of the elevator. The elevator shaft was constructed without permits and without prior knowledge of both City Staff and the Surfside Colony Architectural Review Committee. Planning Staff was first alerted the existence of the unpermitted elevator several months ago by the City's Building Official. The Building Official was performing a routine inspection of other permitted work on the property when he discovered additional, unpermitted work. A subsequent inspection of the property by Planning Staff a short time thereafter confirmed the illegal elevator. Staff also determined that an elevator would be allowed by right on the subject property if it otherwise complied with the Zoning Code. Because the elevator was constructed in the required garage area, however, it was in violation of the Code. When questioned, the property owner's representative stated that the elevator was necessary, due to a severe medical condition with the property owner that prevented her from using stairs. A short time thereafter, Planning Staff informed the property owner's representative that the only options available were to either relocate the offending structure to an area of the house where it did not encroach upon required garage space or to apply for a Request for Reasonable Accommodation to maintain it in its present location. The applicant opted to request the following accommodation: ❑ A reduction in the parking requirements of the Zoning Code to legalize an elevator structure that was previously constructed without permits within the required garage area of a single - family dwelling. Reasonable Accommodation Requirements The Federal Fair Housing Act (the "Act ") prohibits discrimination in housing on the basis of race, color, religion, sex, national origin, familial status, and disability. One type of disability discrimination prohibited by the act is the refusal to make reasonable accommodations in rules, policies, practices, or services when such accommodations may be necessary to afford a person with a disability the equal opportunity to use and enjoy a dwelling (42 U.S.C. § 3604(f)(3)(13)). In accordance with the Federal Fair Housing Act, Chapter 11.5.30 of the Seal Beach Municipal Code establishes procedures and standards for approving reasonable accommodations from the requirements of the Zoning Code. In order to grant a reasonable accommodation, the Planning Commission must make 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. Planning Commission Staff Report Request for Reasonable Accommodation 11 -1 A -114 Surfside Avenue December 7, 2011 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 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. 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. Analsyis 1. Individuals with a Disability. The persons requesting an accommodation must demonstrate that the request is made by or on the behalf of a person with a qualified disability. The Act defines a person with a disability to include (1) individuals with a physical or mental impairment that substantially limits one or more major life activities; (2) individuals who are regarded as having such impairment; and (3) individuals with a record of such impairment. The applicant has provided Staff a letter signed by a medical doctor that states that the property owner, on whose behalf this request is being made, meets the definition of a person with a disability under the requirements of the Act. The letter states the doctor's opinion that her medical conditions make it necessary for her to use an elevator to make daily living possible. Staff therefore believes that the first required finding can be made. The accommodation is requested by or on the behalf of one or more individuals with a disability protected under the fair housing laws. 2. Necessity The requested accommodation must be necessary to provide an individual with a disability an equal opportunity to use and enjoy a dwelling. Under federal law, it is the applicant's burden to determine that the requested accommodation is necessary to give them an equal opportunity to use and enjoy their home. Under Section 11.5.30.020(D) of the Code, the Planning commission may consider the following factors when assessing whether the requested accommodation is necessary: • Whether the requested accommodation will affirmatively enhance the quality of life of one or more individuals with a disability. 4 Planning Commission Staff Report Request for Reasonable Accommodation 11 -1 A -114 Surfside Avenue December 7, 2011 ® 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. While the doctor's recommendation for an elevator supports the finding that an elevator is necessary to allow the property owner to use and enjoy the property, there is no evidence that it is necessary to locate the elevator in such a manner that reduces the required garage parking area. In Staff's opinion, there are other places in the existing floor plan where an elevator could be located without reducing the garage area. Moreover, the elevator could be constructed in these other locations without any discretionary permits. Therefore, the property owner has an equal opportunity to use and enjoy the dwelling even without the requested accommodation. Staff therefore believes that the second required finding cannot be made. The requested accommodation is not necessary to provide an individual with a disability an equal opportunity to use and enjoy a dwelling. 3. Undue Financial or Administrative Burden The Planning Commission cannot grant a requested accommodation if it is unreasonable. Under federal case law, an accommodation is unreasonable if it would impose undue financial or administrative burdens on the City. As stated above, the applicant could have constructed an elevator by right in other locations of the subject property without interfering or reducing the required garage parking area. But for the applicant's failure to obtain required permits and approvals in the first place, the City and the applicant would not have to go through the administrative process of reviewing the applicant's request for an accommodation. Staff does not believe, however, that granting the requested accommodation in this case would likely impose undue financial or administrative burden 4. Fundamental Alteration in the City's Zoning Program Under federal case law, an accommodation may also be unreasonable if it would fundamentally alter the nature of the City's zoning program. Under Section 11.5.30.020(E) of the Code, the Planning commission may consider the following factors when assessing whether the requested accommodation would fundamentally alter the nature of the City's zoning program: Whether the requested accommodation would fundamentally alter the character of the neighborhood; e Whether the requested accommodation would result in a substantial increase in traffic or insufficient parking; Planning Commission Staff Report Request for Reasonable Accommodation 11 -1 A -114 Surfside Avenue December 7, 2011 O Whether the requested accommodation would substantially undermine any express purpose of either the City's General Plan or an applicable specific plan. In Staff's opinion, granting the requested accommodation would negatively contribute to the parking situation in Surfside. Parking problems are particularly acute in Surfside where the high density of residential development, narrow streets, and scarcity of off- street parking create potential public safety and access impacts. One of the goals of the General Plan for the Surfside area therefore is to minimize parking impacts. Granting the accommodation would therefore result in insufficient parking in Surfside and conflict with one of the express purposes of the General Plan. Staff therefore believes that the fourth required finding cannot be made. The requested accommodation would result in a fundamental alteration in the nature of the City's zoning program. RECOMMENDATION Staff recommends that the Planning Commission, after receiving all testimony, written and oral, deny Request for Reasonable Accommodation 11 -1 at A -114 Surfside Avenue, to allow an elevator within the garage area, reducing the required two -car garage to a single -car garage. Staff's recommendation is based on the following: 1. The requested accommodation is not necessary to provide said disabled individual with an equal opportunity to use and enjoy a dwelling. Although the application is made on behalf of an individual with a disability, it is not necessary to provide that person with an equal opportunity to use and enjoy the dwelling because there are other locations within the dwelling where an elevator can be located that do not require the elimination of a required off - street parking space. 2. The requested accommodation will result in a fundamental alteration in the nature of the City's zoning program because approval of the requested accommodation would result in insufficient parking for the dwelling and the Surfside area and conflict with the express purposes of the General Plan to minimize parking impacts in Surfside. Because not all of the required findings can be made to approve a Request for Reasonable Accommodation, Staff recommends denial of Request for Reasonable Accommodation 11 -1. 6 Planning Commission Staff Report Request for Reasonable Accommodation 11 -1 A -114 Surfside Avenue December 7, 2011 For: December 7, 2011 AICP — Development Services Attachments: (3) Attachment 1: Resolution 11 -26 — A Resolution of the Planning Commission of the City of Seal Beach denying Request for Reasonable Accommodation 11 -1 for an after the fact permit to allow an elevator within the required garage area of a single family dwelling. Attachment 2: Email correspondence received by City Staff from Surfside Colony Board of Directors Attachment 3: Project Plans Planning Commission Staff Report Request for Reasonable Accommodation 11 -1 A -114 Surtside Avenue December 7, 2011 ATTACHMENT 1 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DENYING REQUEST FOR REASONABLE ACCOMMODATION 11 -1, FOR AN AFTER THE FACT PERMIT TO ALLOW AN ELEVATOR WITHIN THE REQUIRED GARAGE AREA OF A SINGLE FAMILY DWELLING s Planning Commission Staff Report Request for Reasonable Accommodation 11 -1 A -114 Surfside Avenue December 7, 2011 RESOLUTION NUMBER 11 -26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DENYING REQUEST FOR REASONABLE ACCOMMODATION 11 -1 TO ALLOW A REDUCTION IN THE PARKING REQUIREMENTS TO LEGALIZE AN ELEVATOR STRUCTURE THAT WAS CONSTRUCTED WITHOUT PERMITS WITHIN THE REQUIRED GARAGE AREA OF A SINGLE FAMILY DWELLING AT A -114 SURFSIDE AVENUE, SEAL BEACH THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1 . On September 27, 2011, Yolanda McCausland ( "the applicant ") submitted an application to the City of Seal Beach Department of Development Services for Request for Reasonable Accommodation 11 -1 pursuant to the Federal Fair Housing Act and the Seal Beach Municipal Code. Section 2 . The applicant is seeking a reasonable accommodation to allow a reduction in the parking requirements to legalize an elevator structure that was constructed without permits within the required garage area of a single family dwelling at a -114 Surfside Avenue Section 3 . Pursuant to §15270 of the CEQA Guidelines, staff has determined that the application is statutorily exempt from review pursuant to the California Environmental Quality Act, because projects which are disapproved are not subject to CEQA review. Section 4 . A duly noticed public hearing was held before the Planning Commission on December 7, 2011, to consider the application for Request for Reasonable Accommodation 11 -1. At the Public Hearing, the Planning Commission received and considered all evidence presented, both written and oral, regarding the subject application. Z Planning Commission Staff Report Request for Reasonable Accommodation 11 -1 A -114 Surfside Avenue December 7, 2011 Section 5 . The record of the hearing of December 7, 2011, indicates the following: a. On September 27, 2011, Yolanda McCausland submitted an application to the City of Seal Beach Department of Development Services for Minor Use Permit 11 -4. b. The Request for Reasonable Accommodation is allow a reduction in the parking requirements to legalize an elevator structure that was constructed without permits within the required garage area of a single family dwelling at a -114 Surfside Avenue. C. The surrounding land uses and zoning are as follows: NORTH, EAST, WEST: Single family residences in the Residential Low Density (RLD -9) zone within the Surfside Colony. SOUTH: Beach; Pacific Ocean. d. The subject property is approximately 1,314 square feet in size and is located at A -114 Surfside Avenue within the Surlside Colony. e. The subject property has approximately 25.07 feet of frontage along Surfside Avenue; approximately 25.0 feet of frontage along the rear (beach) side of the property, is approximately 50.75 feet in depth, and is rectangular in shape. f. The property is presently developed with a single family dwelling and an attached garage that could formerly accommodate two vehicles, but because of the encroachment of the elevator structure into the garage space, the garage can now only accommodate one vehicle. g. Request for Reasonable Accommodation 11 -1 is made on the behalf of the owner of the property, who is an individual with a disability. h. There are other locations within the dwelling apart from where the existing elevator is located where an elevator could be located in a manner that would not encroach into the garage space. Therefore, denial of the application would not deny any individual with a disability use and enjoyment of the dwelling on the subject property. 10 Planning Commission Staff Report Request for Reasonable Accommodation 11 -1 A -114 Surfside Avenue December 7, 2011 i. Approval of the requested accommodation will result in a reduction of code required off - street parking that would otherwise not occur if the elevator was relocated to an area of the dwelling other than the garage. j. Parking problems are particularly acute in Surfside where the high density of residential development, narrow streets, and scarcity of off- street parking create potential public safety and access impacts. k. One of the goals of the General Plan for the Surfside area is to minimize parking impacts. Granting the accommodation would result in insufficient parking in Surfside and conflict with one of the express purposes of the General Plan. Section 6 . Based upon the facts contained in the record, including those stated in §5 of this resolution and pursuant to §11.5.30 of the Seal Beach Municipal Code, the Planning Commission makes the following findings: 1. The requested accommodation is not necessary to provide said disabled individual with an equal opportunity to use and enjoy a dwelling. Although the application is made on behalf of an individual with a disability, it is not necessary to provide that person with an equal opportunity to use and enjoy the dwelling because there are other locations within the dwelling where an elevator can be located that do not require the elimination of a required off - street parking space. 2. The requested accommodation will result in a fundamental alteration in the nature of the City's zoning program because approval of the requested accommodation would result in insufficient parking for the dwelling and the Surfside area and conflict with the express purposes of the General Plan to minimize parking impacts in Surfside. Section 7 . Based upon the foregoing, the Planning Commission hereby denies Request for Reasonable Accommodation 11 -1, and further hereby finds and determines that it would have taken this action based on either of the findings stated in Section 6, either of which is considered by the Planning Commission to be sufficient alternative grounds for denying Request for Reasonable Accommodation 11 -1. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the day of , 2011, by the following vote: II Planning Commission Staff Report Request for Reasonable Accommodation 11 -1 A -114 Surfside Avenue December 7, 2011 AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Sandra Massa -Lavitt Chairperson, Planning Commission Mark Persico, AICP Secretary, Planning Commission 12 Planning Commission Staff Report Request for Reasonable Accommodation 11 -1 A -114 Surfside Avenue December 7, 2011 ATTACHMENT 2 EMAIL CORRESPONDENCE RECEIVED BY CITY STAFF FROM SURFSIDE COLONY BOARD OF DIRECTORS 13 Page 1 of 2 Jerry Olivera From: KC Coultrup [ Sent: Tuesday, October 18, 20112:06 PM To: Mark Persico; Darik Doggett; Jerry Olivera Cc: 'Dave Evans'; 'Pete McKinley'; 'Chressa James' Subject: Planning Commission hearing for A114 Surfside City Personnel; Please be advised that the Board of Directors for Surfside Colony strongly opposes the action being contemplated by the Owner at A114. We understand that an application has been made to the City asking for authorization to permit an illegally installed elevator in the garage. Our issues are: 1. The permitting of a previously non - permitted elevator sends a message to the citizens of Surfside, and the City in general, that it is okay to circumvent the permitting process and to ask for forgiveness down the road if the offense is detected. Surfside Colony has this happening all too frequently and we would like to make an example of this at A114 and not allow this elevator to be installed or permitted. 2. The elevator was installed in the garage and a parking spot was removed in the garage. This clearly violates City code for required off - street parking and we are sure this would not have been approved if the Owner had gone through normal channels to begin with. Parking is at a premium in Surfside and we would like to have the parking space in the garage restored. If the owner is citing special needs then we are sure he can be accommodated elsewhere in the residence. We are asking that the existing non - compliance elevator be removed and the 2 nd off street parking space be restored to its approved location. Members of our community plan on attending the November 2 nd Planning Commission hearing to oppose the Owner's request. 10/25/2011 Page 2 of 2 K.C. Coultrup cell j _ fax - 10/25/2011 Planning Commission Staff Report Request for Reasonable Accommodation 11 -1 A -114 Surtside Avenue December 7, 2011 ATTACHMENT 3 PROJECT PLANS 14