HomeMy WebLinkAboutPLN-11-00115 staff report
STAFF REPORT PLANNING DIVISION CITY OF DOWNEY, CALIFORNIA DATE: JULY 6, 2011 TO: PLANNING COMMISSION FROM: BRIAN SAEKI, DIRECTOR OF COMMUNITY DEVELOPMENT KEVIN NGUYEN, ASSISTANT PLANNER
SUBJECT: PLN-11-00115 – A REQUEST TO DEVIATE FROM SECTION 9710.04(E) OF THE DOWNEY MUNICIPAL CODE, TO INSTALL A SECURITY GATE AT A SETBACK OF 35’ INSTEAD OF THE REQUIRED 40’ FROM THE
FRONT PROPERTY LINE FOR AN APARTMENT COMPLEX LOCATED AT 11613 DOWNEY AVENUE, ZONED R-3 (MULTIPLE-FAMILY RESIDENTIAL). CEQA Staff has reviewed the proposed addition for compliance with
the California Environmental Quality Act (CEQA). Upon completion of this review, it has been determined that this request is categorically exempt from CEQA, pursuant to Guideline Section
No. 15305 (Class 5, Minor Alterations in Land Use Limitations). Categorical Exemptions are projects, which have been determined not to have a significant effect on the environment and
have been exempted from the requirements of the California Environmental Quality Act. Class 5 consists of minor alterations in land use such as minor lot line adjustments, side yard
and set back variances not resulting in the creation of any new parcel. RECOMMENDATION Staff recommends that the Planning Commission adopt the following titled resolution: A RESOLUTION
OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-11-00115 (VARIANCE): A REQUEST TO DEVIATE FROM SECTION 9710.04(E) OF THE DOWNEY MUNICIPAL CODE, THEREBY ALLOWING INSTALLATION
OF A SECURITY GATE ACROSS THE DRIVEWAY AND AT 35’ SETBACK FROM THE FRONT PROPERTY LINE FOR AN APARTMENT COMPLEX AT 11613 DOWNEY AVENUE, AND ZONED R-3 (MULTIPLEFAMILY RESIDENTIAL). CODE
AUTHORITY The applicant’s request and the Planning Commission’s authority to consider the request are set forth in Municipal Code Section 9826 (Variances).
PLN-11-00115 – 11613 Downey Ave July 6, 2011 -Page 2 SITE LOCATION 11613 Downey Ave SITE DESCRIPTION A. Subject Property 1. Property Information Site Location: 11613 Downey Ave AIN:
6255-013-021 2. Applicant Information Property Owner: Representative: Robert F. Ferguson Downey Avenue Place, LLC P.O. Box B-915 Huntington Beach, CA 92648 Robert Reed R.W. Reed Company
Inc. 419 Main St. #289 Huntington Beach, CA 92648 3. CEQA Determination: Categorical Exemption (Class 5) 4. Noticing Information Applicant Notification: Required Action Date: May 31,
2011 August 29, 2011 B. Surrounding Properties Zone Use North R-3 (Multiple-Family Residential) Apartment complex West R-1 5,000 (Single-Family Residential) Single family homes South
R-3 (Multiple-Family Residential) Apartment complex East R-3 (Multiple-Family Residential) Residential complex
PLN-11-00115 – 11613 Downey Ave July 6, 2011 -Page 3 C. Site Aerial Photograph BACKGROUND The owner of the subject property, Robert Ferguson, requests approval of a variance application,
to construct a security gate across the driveway and at 35 feet setback from the street property line instead of 40 feet, as required by Downey Municipal Code Section 9710.04(e). The
subject site is a 19,292 square foot parcel that is located on the west side of Downey Avenue, between Arnett Street and De Palma Street. The site is zoned R-3 (Multiple-Family Residential)
with a General Plan Land Use Designation of “Medium Density Residential”. It is currently developed with a 12,050 square foot apartment complex. Parking for this property is beneath
the apartment units and at the rear of the property. The 14-unit apartments that comprise the site are divided among three (3) separate buildings. On May 10, 2011, Mr. Ferguson submitted
an application for PLN-11-00115 (Variance). Staff completed a review of the application on May 31, 2011, and deemed the application complete. On June 23, 2011, notice of the pending
public hearing was sent to all property owners within 500’ of the subject site and the notice was published in the Downey Patriot. DISCUSSION/ANALYSIS According to the applicant, the
security gate is to protect the homeowners and their personal property. The proposed plan shows a five (5’) high rolling gate, constructed of decorative wrought iron, which would extend
across the 18’-10” wide driveway on a heavy duty track (see attached Site Plan). Pursuant to the Downey Municipal Code Section 9710.04(e), such installation of security gate shall be
located at a distance of at least 40 feet setback from the public right-of-way. And that a security gate must provide sufficient stacking distance of two (2) vehicles so that cars entering
and exiting the property do not impede traffic flow. The applicant’s goal is to provide protection and keep unauthorized individuals from entering the apartment units, which include
the front building. The proposed gate’s location will be set back 35 feet from the public right-of-way and it will be behind, but connected to the rear end of the front building. In
order to construct the security gate across the driveway, the applicant needs a variance to deviate from the 40 feet setback requirement. Subject Property
PLN-11-00115 – 11613 Downey Ave July 6, 2011 -Page 4 In evaluating the application, staff supports the request because the proposed distance, at 35 feet from the front property line,
would allow two (2) average size vehicles to line up while waiting for the gate to open. In addition, the Downey General Plan, Vision 2025, considers Downey Avenue as minor arterial.
Traffic studies conducted for the General Plan revealed that minor arterials, such as Downey Avenue, do not have the same volume-to-capacity as major arterials (i.e. Lakewood Boulevard
and Firestone Boulevard). Thus, in staff’s view, traffic on Paramount Boulevard will not be impeded while vehicles are waiting to enter into the apartment. Furthermore, staff found that
the Planning Commission had approved a similar request in the past, in which the security gate has no less than 35 feet setback from the front property line. Staff also recommends a
condition that requires each household to receive a remote control device to operate the gate. This helps reduce the waiting time and allow vehicles to enter the site quickly. FINDINGS
Municipal Code Section 9826.08 sets forth the findings required in order for the Planning Commission to approve a Variance. Therefore, staff analysis of the findings for the Variance
is as follows: 1. Special conditions and circumstances exist which are peculiar to the land, structure and buildings involved on the subject property, which are not generally applicable
to other lands, structures, or buildings in the same vicinity and zone. The applicant proposes a rolling, wrought-iron security gate to protect the tenants and their vehicles from intruders.
The gate and its closing apparatus will locate in a space beneath a staircase and immediately adjacent to the north side of the front building on the subject property; however, the proposed
security gate is only 35 feet from the front property line, which is less than the forty feet minimum distance Downey Municipal Code Section 9710.04 requires for stacking two vehicles
outside outside the public right-of-way. The subject site was developed in 1973, under the R-3 (Multiple-Family Residential) development standards in effect at that time. As such, the
14-unit apartment complex exists as a legal nonconforming use because the two-way driveway is only 18’-10” wide within the front thirty-five feet (35’) feet of the subject site (Section
9712.04(c) of the Downey Municipal Code requires not less than twenty feet in width for two-way driveways) and because only 27 parking spaces exist on the site although the use requires
35 parking spaces (2.5 spaces per unit). The Downey Fire Code presents another factor that affects the proposed design. The Fire Code requires a driveway to be at least twenty feet wide
to provide fire truck access onto a property of this size. If the applicant locates the gate closing apparatus within the front forty feet of the property, the mechanism will eliminate
at least one (1) parking space, block pedestrian access to the stairwells between the front two buildings, restrict fire truck access even more, and allow the property to remain accessible
to vandals. The proposed location for the security gate represents the applicant’s desire to avoid making these nonconforming conditions worse. By positioning the gate beneath the stairwell,
the applicant can maintain the current driveway width within the front 35 feet of the property that the Fire Department finds acceptable. Staff finds the 35 feet distance from the security
gate to the public right-of-way sufficient space for two (2) vehicles to park. The proposed security gate location maintains the current amount of off-street parking spaces available
on-site, while also providing the level of security desired. Other properties within the same vicinity and zone were allowed to install security gates at distances less than 40 feet
from the street property line.
PLN-11-00115 – 11613 Downey Ave July 6, 2011 -Page 5 2. The literal interpretation of the provisions of the Zoning Code would deprive the applicant of rights under the terms of the Zoning
Code commonly enjoyed by other properties in the same vicinity and zone in which the property is located. Subsection 9710.04(e) of the Downey Municipal Code establishes a 40 feet setback
from the front property line. The applicant is trying to install a security gate that keeps unauthorized individuals from entering the apartment complex. The new gate will be behind
the required 15 feet front yard setback and will be 35 feet from the public right-of-way. With the existing front structure’s location, the proposed security gate cannot be accommodated
at other areas beside the requested location. 3. Special conditions and circumstances do not result from the actions of the applicant. Exceptional or extraordinary conditions or circumstances
do not result from the actions of the applicant. Approving PLN-11-00115 will allow the applicant to construct a security gate in a location that maintains off-street parking levels,
fire truck access, and sufficient automobile stacking space, while providing the amount of security desired by the applicant. It is staff’s opinion that approval of the variance will
not result in a special circumstance as a result of the action of the applicant because the size and shape of the lot were established prior to City incorporation, and the apartment
building was built to the Code requirements of 1973, with its current side yard setbacks. 4. Granting the variance requested will not confer on the applicant special privileges that
are denied by the Zoning Code to other lands, structures or buildings in the same vicinity and zone in which the property is located. In observing the area, staff noted that some apartment
complexes in the vicinity have security gates at less than 40 feet setback from street property line. Approval of this variance will not establish a precedent in the R-3 zone, because
the subject property will still provide sufficient stacking distance for vehicles to enter into the apartment units. 5. The granting of such a variance will be in harmony and will not
adversely affect the General Plan. Approving the variance would be consistent with the General Plan provision that was developed to enhance the appearance of residential properties.
Program 2.5.1.8 of Policy 2.5.1 reads: “Promote safe and efficient design for parking areas”. The new gate will address the safety concern from the resident at the subject site, while
provide screening of the on-site parking spaces from public view. 6. The reasons set forth in the application justify the granting of the Variance and that the variance is the minimum
variance that will make possible the reasonable use of the land, building, or structure. The proposed 35 feet setback distance will provide sufficient space for vehicles to line-up and
wait to enter into the apartment units. In staff’s view, the thirty five (35’) feet front yard setback instead of 40 feet is reasonable request in comparison to the neighboring properties.
CORRESPONDENCE As of the date that this report was printed, staff has not received any correspondence regarding this matter.
PLN-11-00115 – 11613 Downey Ave July 6, 2011 -Page 6 CONCLUSION Based on the analysis contained in this report, staff believes that the requests for reducing the required security gate
setback to 35 feet will help achieve their purpose to provide safety for the residents at the subject site. It is staff’s opinion that the request will not create any significant effects
to the neighboring properties. Furthermore, staff believes that all six (6) findings required to approve a variance can be made in a positive manner. As such, staff supports the proposal
and recommends that the Planning Commission adopt a resolution approving PLN-11-00115 (Variance), subject to the conditions of approval as stated in Exhibit A of the Planning Commission
Resolution. H:\Community Development\Nguyen\CASES\Variance\11613 Downey (security gate)\PLN-11-00115 staff.doc