HomeMy WebLinkAboutPC Resolution 14-2889RESOLUTION NO. 14 -2889
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
DENYING PLN -14 -00146 (VARIANCE) — A REQUEST TO DEVIATE FROM
MUNICIPAL CODE SECTIONS 9312.08 (B)(8),9710.02 (B), AND 9710.02(G), TO
MAINTAIN A 209 SQUARE FOOT UNPERMITTED CONCRETE PAD THE FRONT
YARD, ON PROPERTY LOCATED AT 12452 ROSE 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:
Norma Gunnarson (hereinafter "Applicant ") filed a Land Use Permit Application
(hereinafter referred to as PLN -14- 00146) seeking the Planning Commission's
approval of a variance from the development standards for single - family
dwellings, a non - permitted 209 square foot concrete pad in the front yard area of
her home. The amount of concrete this use proposes exceeds the allowable
amount of hardscape in the front yard, the driveway is wider than the Zoning
Code allows, and the proposed back -up space is insufficient.
2. The subject property is located at 12452 Rose Avenue in Downey and it is zoned
R -3 (Multiple - Family Residential).
3. The Planning Commission conducted a duly noticed public hearing on August 20,
2014, and, after fully considering all oral and written testimony and facts and
opinions offered at the aforesaid public hearing, adopted this Resolution.
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
comply with the California Environmental Quality Act (CEQA) and is categorically exempt from
CEQA, pursuant to Guideline Section No. 15301 (Class 1, Existing Facilities).
SECTION 3. Having considered all of the oral and written evidence presented to it at
said public hearing, the Planning Commission further finds, determines and declares that:
Exceptional or extraordinary conditions or circumstances do not exist which
are peculiar to the land, structure, or building involved and which are not
generally applicable to other lands, structures or buildings in the same
vicinity and zone.
The subject site is located on the at the northeast corner of Rose Avenue and
James Street, in an area that is north of Imperial Highway between Lakewood
Boulevard and Columbia Way. It covers approximately 3,706 square feet of land
with lot dimensions measuring fifty feet along James Street and with a depth of
75 feet. This lot is zoned R -3 (Multiple - Family Residential and its General Plan
land use designation is GC (General Commercial). A 1,560 square foot single -
family dwelling with an attached, two -car garage exists on the site.
The subject property is small by single - family residential development standards,
and it exists in the R -3 zone where the minimum lot area is 10,000 square feet
for new lots. Most properties in the vicinity contain 5,000 square feet of land area,
which is the minimum lot area for single - family residential lots in the City. The
Resolution No. 14 -2889
Page 2
subject property exists at the northeast corner of Rose Avenue and James
Street. Rose Avenue has a forty -foot wide street right -of way and the James
Street right -of way is only 45 feet wide. The typical collector street right -of way in
the City is sixty feet wide. Hence, the City of Downey prohibits parking on one
side of each street because the streets are so narrow.
The subject property is substandard since it only comprises 3,706 square feet. The
applicant has limited opportunities to park on Rose Avenue or James Street
because the streets are narrow and the City prohibits parking on one side of each
street. Nevertheless, the subject property has a two -car garage and a twenty -foot
long driveway, which meet the minimum off - street requirements for single - family
dwellings. As such, the exceptional or extraordinary conditions do not exist.
2. That the literal interpretation of the provisions of this article would not
deprive the applicant of rights under the terms of this article commonly
enjoyed by other properties in the same vicinity and zone in which the
property is located.
Section 9312.08 of the Downey Municipal Code establishes that for properties that
are less than sixty (60) feet wide, the total of all paving (hardscape) within the front
setback or street side setback, including all driveways and walkways, shall not
exceed fifty (50) percent of the total front setback or street side setback. That
amount for the subject property is only 500 square feet; however, the amount of
hardscape on the subject property (512 square feet) exceeded the maximum
amount of hardscape allowed for a property of this size even before the Applicant
installed the non - permitted concrete slab. The existing paved areas, not including
the non - permitted slab, include the driveway, a walkway adjacent to the driveway,
and a trash can area. The proposed accessible parking space increases the
amount of hardscape in the front yard to 720 square feet, an amount that is 220
square feet more than the Code allows. The literal interpretation of the provisions
of the single - family residential development standards would not deprive the
applicant of any rights enjoyed by other properties in the same zone, because
other properties in the vicinity and zone were developed under the R -1 standards
and the subject property has a two -car garage and a twenty -foot long driveway,
which meet the minimum off - street requirements for single - family dwellings.
3. That exceptional or extraordinary conditions or circumstances do result from
the actions of the applicant.
Approval of the variance will result in a special circumstance as a result of the
action of the applicant because the proposed driveway is not compliant with the
City's residential development standards for the use of yard areas or the
standards for parking spaces. The non - permitted slab supports an above - ground
swimming pool instead of vehicular parking. This use of the property contradicts
the Applicant's request to use this area as an accessible parking space, which if
approved, could allow a nuisance to continue with the City's consent.
PLN -14 -00146
12452 Rose Avenue.
August 20, 2014 - Page 2
Resolution No. 14 -2889
Page 3
4. That granting the variance requested will confer on the applicant any special
privilege that is denied by this chapter to other lands, structures, or buildings
in the same vicinity and zone in which the property is located.
Approving PLN -14 -00146 will establish a precedent in the vicinity because that
would allow the Applicant to utilize the front yard area for parking, instead of for
landscaping as the Code intends. Granting the variance would also confer on the
Applicant the privilege of exceeding the maximum hardscape standard, and not
meeting the City's development standards for off - street parking.
5. The granting of such variance will not be in harmony and not adversely affect
the General Plan of the City.
Goal 1.4 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. Section
9312.02 of the Code explains that the intent and purpose of the Residential Zone
regulations are to facilitate the provision of adequate light, air, privacy, and open
space for each dwelling unit. The Applicant's request to legalize a non - permitted,
209 square foot concrete pad in the front yard area is not consistent with the
objectives and policies of the General Plan because it was constructed illegally, it
does not comply with the Zoning Code, and because it would allow the applicant to
alter the property in ways that do not comply with the residential property
development standards described in Section 9312.02.
6. That the reasons set forth in the application do not 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 Applicant submitted a Land Use Permit Application (hereinafter referred to
as PLN -14- 00146) seeking the Planning Commission's approval of a variance
from the development standards for single - family dwellings to maintain a non -
permitted a non - permitted, 209 square foot concrete pad in the front yard area
her home. The reasons set forth in the application do not justify the granting of
the variance because the proposed accessible parking space increases the
amount of hardscape in the front yard to 720 square feet, an amount that is 220
square feet more than the Code allows The non - permitted slab does not comply
with the City standards for the maximum width of driveways for single - family
homes, and it does not have sufficient back -up space. The subject property has a
two -car garage and a twenty -foot long driveway, which meet the minimum off -
street requirements for single - family dwellings. The Applicant stores a portable,
above - ground swimming pool on the non - permitted paved surface that is not
compliant with the Building Code because it lacks the proper protection to
prevent small children from entering it and the Applicant uses the non - permitted
slab to store the above ground swimming pool even though Section 9312.08 of
the Zoning Code provides that landscaping is required in the front yard for all
areas not covered by an approved driveway or pedestrian walkway and that the
PLN -14 -00146
12452 Rose Avenue.
August 20, 2014 - Page 3
Resolution No. 14 -2889
Page 4
front and street side yards shall be landscaped and maintained in good condition
and kept free and clear of materials, junk and debris, trash, inoperative vehicles,
appliances, equipment, yet the non - permitted slab is used to support an above-
ground pool instead of vehicular parking, which contradicts the Applicant's
request to use this area as an accessible parking space.
The Applicant constructed the concrete slab on the front yard without Planning
approval or building permits; therefore, the Applicant built it unlawfully.
Consequently, the Applicant's reasons for requesting a variance do not justify the
granting of the variance.
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 denies PLN -14- 00146.
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 20th day of August 2014.
Robert Kiefer, 'Chairniin
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 20th day of
August 2014, by the following vote, to wit:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS:
Kiefer, Lujan, Morales, and Flores
None
None
Rodriguez
PLN -14 -00146
12452 Rose Avenue.
August 20, 2014 - Page 4
i 1 '11
Mary Cavanagh, Secretary
City Planning Commission