HomeMy WebLinkAboutPLN-11-00115 Resolution
RESOLUTION NO. 11-2722 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 (MULTIPLE-FAMILY RESIDENTIAL). THE PLANNING COMMISSION OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission of the City of Downey does hereby find, determine
and declare that: A. An application was filed by Robert Fugerson (hereinafter "Applicant") requesting Planning Commission approval of PLN-11-00115 (Variance), to install a security gate
across the driveway and at 35’ setback from the street property line for an apartment complex at 11613 Downey Avenue, and zoned R-3 (Multiple-Family Residential); B. 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; and, C. The Planning Commission
held a duly noticed public hearing on July 6, 2011 and, after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing, adopted
Resolution No. 11-2722, approving PLN-11-00115 (Variance). SECTION 2. The Planning Commission further finds, determines and declares the environmental impact of the proposed development
has been reviewed and has been found to be in compliance with the California Environmental Quality Act (CEQA) and is categorically exempt from CEQA, pursuant to Guideline Section No.
15305 (Class 5, Minor Alterations in Land Use Limitations). SECTION 3. Having considered all of the oral and written evidence presented to it at said public hearings, the Planning Commission
further finds, determines and declares that: A. Special conditions and circumstances exist that are peculiar to the subject property, which are not generally applicable to other properties
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 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
Resolution No. 11-2722 Downey Planning Commission PLN-11-00115 – 11613 Downey Ave July 6, 2011 -Page 2 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. B. 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. C. Special conditions and circumstances would 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 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. D. Granting the variance request will not confer a special privilege on the subject property that has been denied
by this chapter to other lands, structures or buildings in the same vicinity and zone in which the project site is located. In observing the area, staff noted that some apartment complexes
in the vicinity have security gates at less than 40’ setback from street
Resolution No. 11-2722 Downey Planning Commission PLN-11-00115 – 11613 Downey Ave July 6, 2011 -Page 3 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. E. The granting of such variance will be in harmony
and 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. F. 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’ 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’ is reasonable request in comparison to the neighboring properties. SECTION
4. Based upon the findings set forth in Sections 1 through 3 of this Resolution, the Planning Commission of the City of Downey hereby approves PLN-11-00115 (Variance), subject to conditions
of approval attached hereto as Exhibit A, which are necessary to preserve the health, safety and general welfare of the community and enable the Planning Commission to make the findings
set forth in the previous sections. The conditions are fair and reasonable for the accomplishment of these purposes. SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 6th day of July, 2011. Robert Kiefer, Chairman City Planning Commission I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by
the Planning Commission of the City of Downey at a regular meeting thereof, held on the 6th day of July 2011, by the following vote, to wit: AYES: COMMISSIONERS: NOES: COMMISSIONERS:
Theresa Donahue, Secretary City Planning Commission H:\Community Development\Nguyen\CASES\Variance\11613 Downey (security gate)\PLN-11-00115 reso-approve.doc
Resolution No. 11-2722 Downey Planning Commission PLN-11-00115 – 11613 Downey Ave July 6, 2011 -Page 4 PLN-11-00115 (VARIANCE) EXHIBIT A -CONDITIONS PLANNING 1) This approval of PLN-11-00115
is for a variance to Section 9710.04(e) of the Downey Municipal Code to install a security gate across the driveway at a setback of 35’ instead of the required 40’ from the front property
line for an apartment complex, as shown on plans received by the Downey Planning Division on May 10, 2011. 2) Each household shall receive remote control units to operate the security
gate. 3) The security gate shall be powder coated, not painted. 4) The owner/applicant shall incorporate child safety design features for the new stairwell, security gate and the closing
mechanisms. The construction drawings shall also include details of the revised stairwell design. 5) The security gate shall comply with the City’s development standards pertaining to
the height, location, and materials for fencing. 6) The City Planner is authorized to make minor modifications to the approved preliminary plans or any of the conditions if such modifications
shall achieve substantially the same results as would strict compliance with said plans and conditions. 7) PLN-11-00115 (Variance) shall become null and void twelve (12) months after
the adoption of this resolution, unless the construction authorized by this variance has been submitted to plan check and pursued diligently to completion. 8) Approval of this PLN-11-00115
(Variance) application shall not be construed to mean any waiver of applicable and appropriate zoning regulations, or any Federal, State, County, and City laws and regulations. Unless
otherwise expressly specified, all other requirements of the City of Downey Municipal Code shall apply. 9) The Downey Planning Commission shall retain jurisdiction to amend or add conditions
with public notice and public hearing to assure compatibility with the purpose and intent of the Comprehensive Zoning Ordinance and to protect the public health, safety and and general
welfare. 10) The owner/applicant shall comply with all conditions of approval of PLN-11-00115 before this variance becomes valid. 11) The owner/applicant shall incorporate a copy of
this Resolution No. 11-2722 (including Exhibit A – Conditions), into the approved set of building plans. BUILDING 12) All construction shall comply with the requirements of the 2010
California Building Code, 2010 California Plumbing Code, 2010 California Electrical Code, 2010 California
Resolution No. 11-2722 Downey Planning Commission PLN-11-00115 – 11613 Downey Ave July 6, 2011 -Page 5 Mechanical Code, and the Energy and Disabled Access Regulations set forth in Title
24 of the California Code of Regulations, as amended by the City of Downey. 13) Prior to the commencement of construction, the applicant/owner shall obtain all required permits. Additionally,
the applicant shall obtain all necessary inspections and permit final prior to beginning operation of the site. PUBLIC WORKS/ENGINEERING 14) The owner/applicant shall obtain all necessary
plan approvals and permits and shall provide that the standards of improvements, construction materials, and methods of construction shall be in conformance with the Standard Plans and
Specification for Public Works Construction and as modified by the City of Downey’s Standard Plans and Specifications. 15) If applicable, the owner/applicant shall construct/install
curb, gutter, sidewalk, portland cement concrete driveway approaches, and pavement along property frontage to the standards of the Department of Public Works. Broken, uneven, or sub-standard
curb, gutter, sidewalk, driveway, and pavement, shall be replaced to the satisfaction of the Public Works Department. Contact the Public Works Inspection Office at (562) 904-7110 to
have these areas identified just prior to initiating a grading plan. 16) The owner/applicant shall provide that all construction graffiti created as part of this project in the public
right of way to be removed. FIRE 17) All construction shall comply with the requirements of the 2010 California Fire Code, as amended by the City of Downey. 18) The applicant/owner shall
install a Knox® Rapid Entry System for the project. Knox® Box’s shall be mounted at a height not greater than 10 feet for protruding boxes or 6 feet for flush mounted boxes. The location
of the Knox box is subject to the approval of the Downey Fire Department. H:\Community Development\Nguyen\CASES\Variance\11613 Downey (security gate)\PLN-11-00115 reso-approve.doc