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HomeMy WebLinkAboutResolution No. 6477 RESOLUTION NO. 6477 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING THE APPEAL AND APPROVING ZONE VARIANCE No. 01 -18, TO PERMIT A 38 FOOT WIDE DRIVEWAY IN THE FRONT YARD SETBACK AREA AND OVERSIZED FENCE FOR A TENNIS COURT IN THE REAR YARD SETBACK AREA ON PROPERTY AT 9856 DOWNEY AND SANFORD BRIDGE ROAD, ZONED R1- 10,000 (SINGLE- FAMILY RESIDENTIAL). THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Downey does hereby find, determine and declare that: A. An application was filed by Guillermo Padilla (hereinafter "Applicant ") requesting Zone Variance No. 01 -18 to permit a 38 foot wide driveway in the front yard setback area and oversized fencing for a tennis court in the rear yard setback area for property at 9856 Downey and Sanford Bridge Road, Downey, California (hereinafter "subject site ") zoned R1- 10,000 (Single - Family Residential). B. The applicant also concurrently applied for Conditional Use Permit No. 01 -19 to permit lights for a tennis court in the rear yard setback area for the subject site. C. The Planning Commission held a duly noticed public hearing on April 18, 2001, and, after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing, adopted Resolution No. 2117 approving Zone Variance No. 01 -18. D. An appeal of the decision of the Planning Commission was filed by Margaret L. Marvin, property owner of 9415 Dacosta Street, Downey, California on April 26, 2001. E. The City Council held a duly noticed public hearing on May 22, 2001, and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing, adopted Resolution No. 647 7 denying the appeal and approving Zone Variance No. 01 -18. SECTION 2. Having considered all of the oral and written evidence presented to it at said public hearings, the City Council further finds, determines and declares that: A. Special conditions and circumstances exist which are peculiar to the land and structure involved on the subject site. The subject site measures 24,041 square feet with a frontage of 142.5 feet along Downey & Sanford Bridge Road. This is twice the area and street frontage required in the R1- 10,000 (Single - Family Residential / Minimum Lot Size 10,000 square feet) zone. Therefore, the subject site could have been divided into two separate parcels (subject to the approval of a Tentative Parcel Map), each having a 30 foot wide driveway. For the proposed fence, tennis courts are a permitted accessory use within residential zones, and perimeter fencing is necessary to protect surrounding properties. Other similar variances have been approved in the past Resolution No. 6477 Downey City Council B. 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. The subject site is twice the area and street frontage required in the RI- 10,000 zone. The width of the two driveways is only 33 percent of the width of the lot, which is below the maximum 50 percent permitted by the Downey Municipal Code. Special conditions and circumstances exist which are peculiar to the land and structure involved in the subject site. The subject site is large enough to accommodate a standard regulation tennis court, which typically are fenced to protect surrounding properties. Tennis courts are permitted as accessory uses in the R1 zone. C. Special conditions and circumstances will not result from the actions of the applicant. The subject site is wide enough to accommodate a 38 foot wide driveway without negatively impact surrounding properties. With regards to the oversized fence, higher fences are necessary for a tennis court to function properly. Conditions have been established to protect adjacent properties from any undue interference or impacts. D. The granting of the variance requested will not confer on the applicant a special privilege that is denied by the Zoning Code to other lands or structures in the same vicinity and zone in which the property is located. Also, tennis courts are typically enclosed with high fences to protect surrounding properties, and other variances for similar uses have been granted in the past in the same zone and vicinity. E. The granting of such a variance will be in harmony and will not adversely affect the General Plan. The variance request is in conjunction with a single - family residential development. The General Plan calls for the area to be Low - Density Residential, therefore the variance request is consistent with this designation. F. The conditions imposed on the subject site by this action as described in Exhibit A, 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 section. The conditions are fair and reasonable for the accomplishment of these purposes. G. The environmental impact of the proposed development has been reviewed and has been found to be in compliance with the California Environmental Quality Act (C.E.Q.A.) and is categorically exempt, Class 3 (New Construction or Conversion of Small Structures). SECTION 3. Based upon the findings set forth in Sections 1 and 2 of this Resolution, the City Council of the City of Downey hereby denies the appeal and approves Zone Variance No. 01 -18, subject to conditions of approval attached hereto as Exhibit A. Resolution No. Appeal of Zone Variance No. 01 -18 -- Downey and Sanford Bridge Road 22 May 2001 - Page 2 Resolution No. 6477 Downey City Council SECTION 4. This zone variance shall become null and void unless construction has commenced within one year of this approval and pursued diligently to completion or an one -year extension of time granted by the Downey Planning Commission, pursuant to Section 9166 of the Downey Municipal Code. SECTION 5. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 22nd day of May 2001. Ya —\\ ROBERT C. WINNINGHAM, Mayor City of Downey ATTEST: 1/4 *44/4 1 e: MeXegiele) KATHLEEN L . MIDSTOKKE , City Clerk I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the City of Downey at a regular meeting held on the 22nd day of May , 2001 by the following vote, to wit: AYES: 5 Council Members: Tre jo , Perkins, McCarthy, Cartozian, Winningham NOES: 0 Council Members: None ABSENT: 0 Council Members: None 11&/40,1thY07,4446 KATHLEEN L. MI DSTOKKE , City Clerk Resolution No. Appeal of Zone Variance No. 01 -18 — Downey and Sanford Bridge Road 22 May 2001 - Page 3 Resolution No. 6477 Downey City Council ZONE VARIANCE No. 01 -18 EXHIBIT A — CONDITIONS PLANNING 1) This approval is for Zone Variance No. 01 -18, as shown on the approved site plan and herein amended, received by the Downey Planning Division on February 23, 2001. Deviations or exceptions from said site plan, other than those authorized by this resolution or those that do not impact other conditions, shall not be permitted without the approval by the Downey Planning Commission. The Zone Variance request is divided into two separate requests, as follows: a) Driveway Portion -- A 38 foot wide driveway in the front yard setback area. The driveway shall extend the total width of the garage door opening by no more than 2 feet with a maximum width of 38 feet. b) Oversized Fencing Portion -- A 10 foot high oversized fence setback a minimum ten (10') feet from the rear and side property lines for a tennis court in the rear yard setback area, which shall be centered on the property (if possible), with maximum dimensions of 120 feet x 60 feet. 2) The Downey Planning Commission shall retain jurisdiction to amend or add conditions with public notice to assure compatibility with the purpose and intent of the Comprehensive Zoning Ordinance and to protect the public health, safety and general welfare. 3) All conditions of Zone Variance No. 01 -18 shall be complied before the zone variance becomes valid. 4) The oversized fence must be constructed as part of a standard sized tennis court. This tennis court shall act as an accessory structure of a single - family residence. Any lighting for the tennis court shall be automatically regulated with timers set to turn off all lights at 9:00 p.m. These lights shall not be turned on between 9:00 p.m. and 7:00 a.m. 5) The applicant shall have planted along the rear and side property lines a minimum 3 foot wide landscape material of adequate height and density (24" box trees) to screen the tennis court fence from surrounding properties to the satisfaction of the City Planner. This planting shall attain a height of 20 feet or greater within three years of the development of the tennis court and oversized fencing. A minimum 3 foot wide walkway must be constructed between the landscaped planter and the fencing. BUILDING 6) Obtain all necessary plan approvals and permits. 7) All fencing over 6 feet in height require structural calculations. Resolution No. Appeal of Zone Variance No. 01 -18 — Downey and Sanford Bridge Road 22 May 2001 - Page 4 Resolution No. 6477 Downey City Council ENGINEERING 8) The owner /applicant shall provide that the standards of improvements, construction materials and methods of construction shall be in conformance with the Standard Plans and Specifications for Public Works Construction and as modified by the City of Downey's Standard Plans and Specification. 9) The owner /applicant shall receive approval for all necessary drainage by the City Engineering and Building Divisions. 10) The owner /applicant shall install a sewer lateral to the front property line. 11) The owner /applicant shall provide that the design and improvement of sewers shall be to the standards of the City Engineering Division. 12) The owner /applicant shall obtain all necessary plan and approvals and permits. 13) The owner /applicant shall incorporate appropriate post- construction BMPs into project design and plans. 14) The owner /applicant shall construct /install sidewalk portland cement concrete driveway approaches, street trees, and pavement along the property frontage to the standards of the City Engineering Division. Any damaged curb, gutter, sidewalk or driveway approaches shall be replaced to the satisfaction of the City Engineering Division. 15) The owner /applicant shall replace the existing curb depression with curb and gutter to the standards of the City Engineering Division. The existing driveway shall be replaced with landscaping and concrete sidewalk to the satisfaction to the City Engineering Division. 16) The owner /applicant shall submit an engineered grading plan and drainage plan for the site (prepared and sealed by a registered civil engineer in the State of California for approval by the Engineering Division and Building and Safety Division. The lot shall not have less than a one (1%) percent gradient on any asphalt or non -paved surface, or less than one quarter (1/4 %) percent gradient on any concrete surface. 17) The owner /applicant shall comply with the National Pollution Discharge Elimination System (NPDES) requirements as established by the Clean Water Act, and as required by the California Regional Water Quality Control Board. 18) Maximize, to the maximum extent practicable, the percentage of permeable surfaces to allow more percolation of storm water into the ground. 19) The owner /applicant shall provide that all construction graffiti created as part of this project in the public right of way be removed. H: \PLANNING \JASON \Cases\Z V\01 -18 Downey Sanford \01 -18 cc reso.doc Resolution No. Appeal of Zone Variance No. 01 -18 — Downey and Sanford Bridge Road 22 May 2001 - Page 5