HomeMy WebLinkAboutAdministrative Permit APX2013011 - Supporting Documentsmafarchitects
architectural design/planning/entitlements
June 4, 2013
Mr. David Schlegel
Plan Checker/Project Planner
City of Huntington Beach
2000 Main St. Huntington Beach, CA 92648
Mr. Schlegel:
This letter is in response of your e-mail dated 6/4/2013 (copy enclosed),
regarding the confirmation that my client falls into the definition of "disabled
individual" under the Federal Fair Housing Amendment Act of 1988; and refers to
Section 504 of the Rehabilitation Act of 1973:
"Section 504 protects "Qualified Individuals with Disabilities".
Under this law, "Individuals with Disabilities" are defined as persons
with a physical or mental impairment which substantially limits one or more major
life activities. People who have a history of, or who are regarded as having a
physical or mental impairment that substantially limits one or more major life
activities, are also covered. Major life activities include: caring for one's self,
walking, seeing, hearing, speaking, breathing, working, performing manual tasks,
and learning. Some examples of impairments which may substantially limit major
life activities, even with the help of medication or aids/devices, are: AIDS,
alcoholism, blindness or visual impairment, cancer, deafness or hearing
impairment, diabetes, drug addiction, heart disease, and mental illness."
As stated in the narrative letter dated 5/15/2013, my client's wife, due to a
fall, has had three hip surgeries already and she is scheduled for another one
within the next month. Her movements are severely restricted, and to climb stairs
takes a tremendous effort and increases the probability of another fall. This
elevator will allow her to travel to the bedroom located in the second floor of their
residence, without the stress and danger of climbing the stairs every night. A
letter from the surgeon could be made available upon the City's request.
4337 whitewood avenue long beach, ca 90808
phone: 562.235.5411 fax: 562.421.6158
Page 2 to
Mr. David Schlegel
Plan Checker/Project Planner
City of Huntington Beach
0
I hope this letter confirms that my client's wife falls within the definition of
"Individuals with Disabilities", as required by the Reasonable Accommodation
Procedure, Chapter 17.77 of the Huntington Beach Municipal Code, since her
ability to walk has been severely compromised by these surgeries.
If you need additional information, please do not hesitate to contact me.
ank Y u
ar o ernan ez
MAF Architects
Gil Westwell
Homeowner
4337 whitewood avenue long beach, ca 90808
phone: 562.235.5411 fax: 562.421.6158
mafarchitects
architectural design/planning/entitlements
June 4, 2013
Mr. David Schlegel
Plan Checker/Project Planner
City of Huntington Beach
2000 Main St. Huntington Beach, CA 92648
Mr. Schlegel:
This letter is in response of your e-mail dated 6/4/2013 (copy enclosed),
regarding the confirmation that my client falls into the definition of "disabled
individual" under the Federal Fair Housing Amendment Act of 1988; and refers to
Section 504 of the Rehabilitation Act of 1973:
"Section 504 protects "Qualified Individuals with Disabilities".
Under this law, "Individuals with Disabilities" are defined as persons
with a physical or mental impairment which substantially limits one or more major
life activities. People who have a history of, or who are regarded as having a
physical or mental impairment that substantially limits one or more major life
activities, are also covered. Major life activities include: caring for one's self,
walking, seeing, hearing, speaking, breathing, working, performing manual tasks,
and learning. Some examples of impairments which may substantially limit major
life activities, even with the help of medication or aids/devices, are: AIDS,
alcoholism, blindness or visual impairment, cancer, deafness or hearing
impairment, diabetes, drug addiction, heart disease, and mental illness."
As stated in the narrative letter dated 5/15/2013, my client's wife, due to a
fall, has had three hip surgeries already and she is scheduled for another one
within the next month. Her movements are severely restricted, and to climb stairs
takes a tremendous effort and increases the probability of another fall. This
elevator will allow her to travel to the bedroom located in the second floor of their
residence, without the stress and danger of climbing the stairs every night. A
letter from the surgeon could be made available upon the City's request.
4337 whitewood avenue long beach, ca 90808
phone: 562.235.5411 fax: 562.421.6158
Page 2
Mr. David Schlegel
Plan Checker/Project Planner
City of Huntington Beach
I hope this letter confirms that my client's wife falls within the definition of
"Individuals with Disabilities", as required by the Reasonable Accommodation
Procedure, Chapter 17.77 of the Huntington Beach Municipal Code, since her
ability to walk has been severely compromised by these surgeries.
If you need additional information, please do not hesitate to contact me.
ank Y u
ar o ernan ez
MAF Architects
Gil Westwell
Homeowner
4337 whitewood avenue long beach, ca 90808
phone: 562.235.5411 fax: 562.421.6158
Marco Fernandez
From:
Sent:
To:
Subject:
Attachments:
Marco,
Schlegel, David [David.Schlegel@surfcity-hb.org]
Tuesday, June 04, 2013 10:34 AM
marcofernandez@verizon.net
15601 Sunburst Ln. (AP 13-011) Reasonable Accommodation Elevator Addition.
HBMC 17.77.pdf
Staff has just reviewed your plans for the Elevator addition to 15601 Sunburst Lane under the reasonable
accommodation procedures of the Huntington Beach Municipal Code (HBMC). After review of the project file and plans
there are a couple of items that still need to be provided to the Planning Division in order to process your permit. The
outstanding items are listed below:
1. Can you confirm that the disabled individual falls under the definition of disabled individuals under the Federal
Fair Housing Amendments Act of 1988? The Federal Fair Housing Amendments Act refers the definition of
disabled individuals to Section 504 of the Rehabilitation Act of 1973. Please confirm that the disabled individual
qualifies under the definition.
2. Pursuant to HBMC Chapter 17.77 Section D, public notification with proof of mailing and all other notification
requirements (see attached) is required for this Reasonable Accommodation permit. Please provide me with the
public notification materials.
I will work diligently on the letter and will wait for the materials and the 10-day comment period to close before issuing
the Director's Action.
Staff did feel that, upon receipt of the above, all of the findings required to be made for this reasonable accommodation
can be met.
Let me know if you have any questions. Thank you.
Have a great day,
David Schlegel
Plan Checker I Project Planner
City of Huntington Beach
2000 Main St. Huntington Beach, CA 92648
david.schle eltsurfcit -hb.or
(714) 536-5253
1
PLANNING & BUILDING DEPARTMENT
DEVELOPMENT REVIEW REQUEST
TO: Mark Carnahan, Building Division James Brown, Fire Department
FROM: David Schlegel, Contract Planner Ext: 5253 DATE: 06.04.13
PC ZA DRB 0 STAFF
PETITION(S): Planning Application No. 2013-0075
Administrative Permit No. 2013-011
(SFD Elevator Addition Under Reasonable Accommodations)
REQUEST(S): To permit an elevator addition to an existing two-story single family dwelling
that will encroach ten (10") inches into the side yard setback. The application is
being processed through the new Reasonable Accommodations Code Section
(HBMC 17.77) which lists findings for deviation to development standards.
LOCATION: 15601 Sunburst Lane (Northwest corner of Sunburst Lane and Chestnut Drive)
ZONE: RL (Residential Low-Density)
GENERAL PLAN: RL - 7 (Residential Low-Density - Maximum 7 Dwelling Units/Acre)
EXISTING USE: Parking spaces within an existing commercial center.
Please review the attached administrative permit plans which propose the addition of an elevator
to a two-story home for the reasonable accommodations procedures (HBMC 17.77) and provide
comments as soon as possible. Please contact me if you have any questions or clarifications.
Thank you.
Please submit your concerns and recommended changes or conditions in
writing on or before June 14, 2013
COMMENTS: (Use attachments or back side of sheet if necessary)
740 "7_1 H'4:_e C - T 111-::7 1:-:
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RESPONSE BY: Extension. &_3 6
Attachments: 1. Application w/ request. 2. Plans
PLANNING & BUILDING DEPARTMENT
DEVELOPMENT REVIEW REQUEST
TO: Mark Carnahan, Building Division James Brown, Fire Department
FROM: David Schlegel, Contract Planner Ext: 5253 DATE: 06.04.13
PC ZA DRB Ef STAFF
PETITION(S): Planning Application No. 2013-0075
Administrative Permit No. 2013 -011
(SFD Elevator Addition Under Reasonable Accommodations)
REQUEST(S): To permit an elevator addition to an existing two-story single family dwelling
that will encroach ten (10") inches into the side yard setback. The application is
being processed through the new Reasonable Accommodations Code Section
(HBMC 17.77) which lists findings for deviation to development standards.
LOCATION : 15601 Sunburst Lane (Northwest corner of Sunburst Lane and Chestnut Drive)
ZONE: RL (Residential Low-Density)
GENERAL PLAN: RL - 7 (Residential Low-Density - Maximum 7 Dwelling Units/Acre)
EXISTING USE: Parking spaces within an existing commercial center.
Please review the attached administrative permit plans which propose the addition of an elevator
to a two-story home for the reasonable accommodations procedures (HBMC 17.77) and provide
comments as soon as possible . Please contact me if you have any questions or clarifications.
Thank you.
Please submit your concerns and recommended changes or conditions in
writing on or before June 14, 2013
COMMENTS: (Use attachments or back side of sheet if necessary)
. r / t/ M'li bpc (aW (h My S v' 'tX r o-d w
RESPONSE BY:Extension -5-3 ct Lt
Attachments: 1. Application w/ request. 2. Plans
r
Chanter 17.77
REASONABLE ACCOMMODATION PROCEDURES
(3971-4/13)
Sections
17.77.010 Purpose
17.77.020 Definitions
17.77.030 Applicability
17.77.040 Procedures Established
17.77.050 Findings
17.77.060 Appeals
17.77.070 Fee
17.77.010 Pur ose. It is the policy of the City of Huntington Beach, pursuant to the
Federal Fair Housing Amendments Act of 1988 and California Fair Employment and
Housing Act, to provide people with disabilities reasonable accommodation in rules,
policies, practices and procedures that may be necessary to ensure equal access to
housing. The purpose of this Chapter is to establish procedures for individuals with
disabilities to make requests for reasonable accommodation in the application of the
City's land use, zoning and building standards, regulations, policies and procedures and
to establish criteria for consideration of such requests.
17.77.020 Definitions . For the purposes of this Chapter, the following terms shall have
the respective meanings as set forth herein, unless the context in which they are used
clearly indicates to the contrary:
(a) Acts: The Federal Fair Housing Amendments Act of 1988 and the
California Fair Employment and Housing Act.
(b) Applicant: An individual (or designee) who files a request for reasonable
accommodation pursuant to this Chapter.
(c) Director: Shall mean the Director of Planning and Building Department.
(d) Disabled Individual: Any person who has a medical condition, physical
disability, or mental disability that substantially limits one or more of the
person's major life activities, as those terms are defined in the California
Fair Employment and Housing Act (Government Code Section 12900 et
seq) and Federal Fair Housing Amendments Act.
(e) Reasonable Accommodation: A modification or exception to the
standards, regulations, policies and procedures of the City of Huntington
Beach for the siting, development and use of housing or housing-related
facilities, that would eliminate regulatory barriers and provide a disabled
individual equal opportunity for the use and enjoyment of housing of their
choice, and that does not impose undue financial or administrative burdens
on the City.
17.77.030 A licabili . To make specific housing available to a disabled individual,
any person may request reasonable accommodation pursuant to this Chapter to modify a
zoning or building standard, regulation, policy, or procedure as may be necessary to
afford the disabled individual equal opportunity to the use and enjoyment of their
dwelling. A request for reasonable accommodation may be made on any property zoned
or used for housing and may be filed at any time that the accommodation may be
Huntington Beach Municipal Code Chapter 17.77 Page 1 of 3
4/3/13
necessary to ensure equal access to housing. A request for reasonable accommodation
shall be made by filing an application with the Planning and Building Department. If an
individual needs assistance in making the request for reasonable accommodation, the City
shall provide assistance to ensure that the process is accessible.
17.77.040 Procedures Established.
A. Application. Requests for reasonable accommodation shall require approval of
an Administrative Permit and require submittal of a General Planning
Application form and accompanying submittal materials as required by the
Planning and Building Department. In addition, the application shall include
the following information:
1. The basis for the claim that the individual is considered disabled under the
Acts. However, any information related to disability status and identified
by an applicant as confidential shall be retained in a manner so as to
respect the privacy rights of the applicant and shall not be made available
for public inspection.
2. A description of the reasonable accommodation request and the zoning or
building standard, regulation, policy or procedure from which the
reasonable accommodation is being requested.
3. A statement why the reasonable accommodation request is necessary for
the disabled individual to use and enjoy the dwelling.
B. Review with Other Land Use A lications. If the project for which the
application for reasonable accommodation is being made requires approval of
one or more entitlements pursuant to the provisions of this Code, then the
applicant shall file the application for reasonable accommodation concurrent
with the application for any other entitlement(s). A reasonable accommodation
request does not affect or negate an applicant's obligations to comply with
other applicable regulations that are not the subject of the requested
accommodation. A request for reasonable accommodation itself shall not
require submittal of a variance request.
C. Review Authorit . A request for reasonable accommodation shall be reviewed
and acted upon by the Director if no other entitlement is required. Requests for
reasonable accommodation submitted concurrent with other entitlement(s)
shall be reviewed and acted upon by the reviewing body with authority over
the other discretionary entitlement(s).
D. Public Notification. A request for reasonable accommodation shall require
notification to adjacent property owners if the request affects a required
setback. The applicant shall submit a copy of the notice mailed, a list of
addresses given notice, and proof of mailing upon submittal of the application.
The notice shall include the following information:
1. Name of applicant;
2. Location/address of reasonable accommodation request;
3. Nature of reasonable accommodation request;
Huntington Beach Municipal Code Chapter 17.77 Page 2 of 3
4/3/13
4. Contact information including phone number and address for the City of
Huntington Beach Planning and Building Department for viewing the
application and submittal materials; and
5. The date by which any comments must be received in writing by the City.
The applicant shall allow ten (10) working days from the date of mailing
for adjacent properties to review and comment on the application.
E. Conditions of A royal. In granting a request for reasonable accommodation,
the reviewing authority may impose conditions of approval deemed reasonable
and necessary to ensure that the reasonable accommodation would comply
with the findings required by this Chapter. Conditions may include (but are
not limited to) those that would ensure that any removable structures or
physical design features that are constructed or installed in association with the
reasonable accommodation be removed once those structures or physical
design features are no longer necessary to afford the disabled individual for
whom the reasonable accommodation was granted the use and enjoyment of
the dwelling.
17.77.050 Findin s. A request for reasonable accommodation may be approved or
conditionally approved if, on the basis of the application, plans, materials, and testimony
submitted, the reviewing authority finds that:
A. The housing, which is the subject of the request for reasonable
accommodation, will be used by an individual protected under the Acts.
B. The request for reasonable accommodation is necessary to make specific
housing available to an individual protected under the Acts.
C. The requested reasonable accommodation will not impose an undue financial
or administrative burden on the City.
D. The requested reasonable accommodation will not require a fundamental
alteration to the nature of a City program, or to the City's zoning or building
laws, policies, or procedures.
E. For housing located in the coastal zone, a request for reasonable
accommodation pursuant to this Chapter may be approved or conditionally
approved by the City if, in addition to the Findings set forth in subsections A-D
above, the reviewing authority finds that it is consistent with the City's
certified Local Coastal Program and the California Coastal Act to the extent
feasible, and there are no feasible alternatives for providing an accommodation
at the dwelling that would provide greater consistency with the certified Local
Coastal Program.
17.77.060 A eals. Approval of a reasonable accommodation shall become effective
ten days after action by the reviewing authority unless appealed. Appeals of decisions to
approve, conditionally approve, or deny a reasonable accommodation request shall be
made pursuant to the provisions of Title 24, Chapter 248 of the HBZSO.
17.77.070 Fee . Notwithstanding fees required for any other concurrent entitlements,
there shall be no fee imposed in connection with an application for reasonable
accommodation pursuant to the provisions of this Chapter.
Huntington Beach Municipal Code Chapter 17.77 Page 3 of 3
4/3/13