HomeMy WebLinkAboutResolution No. 13-7396 RESOLUTION NO. 13 -7396
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
DENYING THE APPEAL OF THE PLANNING COMMISSION'S DECISION TO
UPHOLD THE CITY PLANNER'S DECISION TO DENY PLN CASE NO. 12-
00201, REGARDING A REQUEST FOR A MODIFICATION OF THE SIDE
SETBACK AREA TO PERMIT THE EXTENSION OF THE EXISTING
BUILDING LINES FOR AN ADDITION TO A SINGLE - FAMILY RESIDENCE ON
PROPERTY LOCATED AT 7328 DINWIDDIE STREET AND ZONED R1 -5,000
(SINGLE FAMILY RESIDENTIAL)
WHEREAS, Mr. Sarbjit Singh (hereinafter "Applicant ") filed an Administrative Permit
Application requesting approval of a minor modification of the side setback area required for
properties in the R -1 5,000 (Single - Family Residential) zone, as set forth in Section 9312.06 of
the Downey Municipal Code; and,
WHEREAS, the subject property is located at 7328 Dinwiddie Street; and,
WHEREAS, the subject property is zoned R1 -5,000 (Single - Family Residential); and its
General Plan Land Use Designation is Low Density Residential; and,
WHEREAS, May 22, 2012, the City of Downey Code Enforcement staff initiated legal
actions against the Applicant to abate numerous Code violations on the subject property,
including: an un- permitted 1,200 sq. ft. addition to the main dwelling that was demised into
several rental units; an unpermitted addition at the rear of the garage and a portion of the
garage that was converted into habitable space; electrical and plumbing work performed without
permits; and paving a concrete slab on the rear yard without City approval or permits; and,
WHEREAS, in an effort to bring these substandard conditions into compliance with the
City's development standards and the Building Code, Mr. Singh prepared plans that proposed
restoring the garage to its original dimensions, constructing a guest house at the rear of the
garage, and converting the illegal units at the rear of the house into a 1,040 sq. ft. room addition
to the house on the subject property, and,
WHEREAS, the proposed "room addition" would maintain all but 165 square feet of the
illegal structure; however, the distance from the side property line to the side of the addition is
only 3' -6 ", which does not comply with the minimum side yard setback of five feet (5') Section
9312.08 of the Downey Municipal Code requires a for properties in the R -1 Zone, and,
WHEREAS, July 24, 2012, the Applicant submitted the Administrative Permit
Application, seeking the City Planner's permission to extend the building lines of the existing
residence for the proposed room addition, pursuant to Section 9814.04 of the Downey Municipal
Code, which allows the City Planner to render a decision on an administrative permit, subject to
specific findings and procedures; and,
WHEREAS, in a letter dated August 14, 2012, the City Planner denied PLN -12 -00201 to
allow the proposed room addition to continue the existing building lines of the main dwelling on
the subject property, and maintain the 3' -6" building setback from the side property line after
determining that the proposed addition is not consistent with the provisions of the Downey
Zoning Code because the Applicant built the structure illegally; therefore, it exists without the
safeguards afforded by proper inspections of the foundation, framing, electrical components,
and structural integrity, which makes it detrimental to the public health, safety, and general
welfare; and,
RESOLUTION NO. 13 -7396
PAGE 2
WHEREAS, on August 29, 2012, Mr. Singh submitted a timely letter to the City,
requesting to appeal the City Planner's decision on his application to the Planning Commission;
and,
WHEREAS, the Planning Commission opened a duly noticed public hearing on
December 5, 2012, and, after fully considering all oral and written testimony and facts and
opinions offered at the aforesaid public hearing, adopted Resolution No. 12 -2806 denying the
Applicant's appeal of the City Planner's decision to deny PLN -12- 00201; and,
WHEREAS, in a letter dated December 19, 2012, Mr. Singh filed a timely appeal of the
Planning Commission's approval, along with a filing fee, requesting that the City Council
overturn the Planning Commission's action; and,
WHEREAS, the City Council opened a duly noticed public hearing on February 12,
2013, and after fully considering all oral and written testimony, facts, and opinions offered at the
aforementioned public hearing denied the appeal, thereby upholding the Planning Commission's
action.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DOWNEY DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council 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. 15301 (Class 1, Existing Facilities).
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. The subject site is located within the R1 -5,000 (Single - Family Residential) zone and is
consistent with the General Plan Land Use Designation of Low Density Residential. Goal
1.4 of Downey Vision 2025, the Downey General Plan seeks to protect and enhance the
residential neighborhoods and includes Policy 1.4.2, which reads: "Promote residential
construction that compliments existing neighborhoods. Programs designed to fulfill this
policy seek to discourage residential construction not in harmony with surrounding
neighborhoods, encourage developments to consider impacts to privacy, views, and
sunlight on adjacent properties, and maintain the single - family character of the low
density residential areas. " The plan to legalize the addition by creating a single dwelling
is consistent with the purpose and intent of the R -1 zone, but the proposed addition is
not consistent with the objectives and policies of the General Plan because it was
constructed illegally, it does not comply with the Building Code, and because the
architectural design of the addition does not match the existing residence. Consequently,
the room addition will not be in harmony with homes in the surrounding neighborhood,
nor will it enhance property values in the neighborhood.
B. PLN -12 -00201 proposes to legalize a multi - dwelling structure at the rear of the main
dwelling by converting the illegal units into a 1,040 square foot room addition, while , --
maintaining the existing 3' -6" (3 ft. 6 in.) side yard setback. That distance is less than the
Downey Zoning Code requires; however, Section 9814.04 (a)(6) of the Code allows for a
modification of the setback area to permit the extension of existing building lines for
additions or minor building modifications for alignment purposes, provided that no
RESOLUTION NO. 13 -7396
PAGE 3
modification reduces the required setback closer than 3' (3 ft.) to a property line. The
addition PLN -12 -00201 proposes is consistent with this article of the Code but the
proposal is not consistent with other provisions of the Downey Municipal Code because
it proposes to legalize structures built before obtaining a building permit. This is in direct
conflict with Downey Municipal Code Section 8014 (Unpermitted Structures), which
reads as follows:
"No person shall own, use, occupy, or maintain an unpermitted structure.
For purposes of this Chapter, " unpermitted structure" shall be defined as
any building or structure, or portion thereof, that was erected, constructed,
enlarged, altered, repaired, moved, improved, removed, connected,
converted, demolished, or equipped, at any pointing time by any person,
without the required permit(s) having first been obtained from the Building
Official or with a valid permit as issued by the Building Official which
subsequently expired and became null and void. "
C. PLN -12 -00201 proposes to extend the existing building line of the house and thereby
maintain the existing 3' -6" (3 ft. 6 in.) side yard setback for the room addition. The
proposed room addition (as well as the proposed guest house) will create a condition or
circumstance that is contrary to the general public health, safety, or welfare, because
both structures were constructed illegally and do not satisfy the health and safety
standards, nor the levels of structural integrity established by the Downey Building Code.
The City of Downey Building Official determined that both structures must be
demolished.
SECTION 3. Based upon the findings set forth in Sections 1 -3 of this Resolution, the
City Council of the City of Downey hereby denies the appeal, thereby upholding the Planning
Commission's approval of PLN -12 -00201 (Minor Modification).
SECTION 4. The City Clerk shall certify to the adoption of this Resolution.
APPROVED AND ADOPTED this 12th day of February 2013.
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MARIO A. GUER , Mayor
ATTEST:
,r ADRIA M. JIME, CMC
City Clerk
RESOLUTION NO. 13 -7396
PAGE 4
1 HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of
the City of Downey at a regular meeting held on the 12th day of February, 2013, by the following
vote, to wit:
AYES: Council Members: Brossmer, Marquez, Saab, Vasquez, Mayor Guerra
NOES: Council Members: None
ABSTAIN: Council Members: None
ABSENT: Council Members: None
64tiLei
ADRIA M. JIMEN " Z, C C
City Clerk