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Home My WebLink AboutPC Resolution 16-2992 RESOLUTION NO. 16-2992 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING PLN-16-00142 (VARIANCE), THEREBY ALLOWING A REQUEST TO ENCROACH INTO ONE- HALF (1/2) OF THE REAR YARD, WHICH IS REQUIRED TO BE OPEN, FOR A TWO-CAR, 400- SQUARE-FOOT GARAGE, ON A 30-FOOT-WIDE LOT ON THE PROPERTY LOCATED AT 8243 PRISCILLA STREET, AND ZONED R-2 (TWO-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. Jose Ibarra filed an application requesting approval of a Variance (PLN-16- 00142) to allow the construction of a two-car, 400-square-foot garage in the rear of a property with a width of 30-feet, insomuch that the garage will cover more than one-half (1/2) of a contiguous portion of the required rear-yard setback, located at 8243 Priscilla Street, zoned R-2 (Two Family Residential). B. On August 25, 2016, notice of the pending public hearing was sent to all Downey property owners within 500 feet of the subject site and the notice was published in the Downey Patriot; C. The Planning Commission held a duly noticed public hearing on September 7, 2016 and after fully considering all oral and written testimony, facts, and o pinions 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 be in compliance with the California Environmental Quality Act (CEQA) and is categorically exempt from CEQA, pursuant to Guideline Section No. 15301 (Class 3), New Construction or Conversion of Small Structures. 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. That exceptional or extraordinary conditions or circumstances exist which are peculiar to the land, structure, or building involved and which are not generally applicable to other lands, structures, or building s in the same vicinity and zone. The lot is only thirty (30) feet wide, which creates an exceptional condition because the minimum width of a lot in the R-1 5,000 zone is fifty (50) feet. Therefore, the subject property is not wide enough to accommodate a two-car garage. B. That the literal interpretation of the provisions of this article would deprive the applicant of rights under the terms of this article commonly enjoyed by othe r properties in the same vicinity and zone in which the property is located. The minimum parking requirement for a single-family residential use is a two-car, 400-square-foot garage. In addition, Downey Municipal Code Section 9534.22(a) requires that one -half (1/2) of the required rear yard remain open. A detached accessory structure, such as a garage, may be located within the rear and side setbacks. Due to the minimum required length of twenty (20) feet for a two-car garage, most residents with the minimum required lot width of fifty (50) feet are able to provide the required parking to the rear of the principal dwelling and still comply with Code Section 9534.22(a). In this instance, the property is unable to provide the Resolution No. 16-2992 Downey Planning Commission PLN-16-00142 – 8243 Priscilla Street September 7, 2016 - Page 2 minimum required off-street parking for the principal dwelling without encroaching into the portion of the rear yard that is required to remain open. C. The exceptional or extraordinary conditions or circumstances do not result from the actions of the applicant. The lot was not created or subdivided by the Applicant. The size and the dimensions of the lot existed when the Applicant purchased the property. D. That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, structures, or building in the same vicinity and zone in which the property is located. The granting of the variance will allow the Applicant to provide the amount of off-street parking required for a use in the single-family residential zone that other property owners can provide without the granting of a variance. Furthermore, the project complies with all other development standards, including the required back-up distance from the opposite side of the abutting alley and all side and building setbacks. E. That the granting of such variance will be in harmony and not adversely affect the General Plan of the City. The Applicant is proposing to provide off-street parking where there currently is none. This is in harmony with General Plan Goal 2.5 which aims to minimize the impacts from the lack of parking and encourages the construction of adequate parking supply to meet parking demands. F. That the reasons set forth in the application justify the granting of the variance and the variance is the minimum variance that will make possible the reasonable use of the land, building, or structure. The Downey Municipal Code and the General Plan encourage the availability of off-street parking for all uses, including residential uses. The variance will allow the Applicant to provide off-street parking for the subject property in an ideal location to not only provide off-street parking, but to also allow for future improvements of the principal dwelling on the lot. 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-16-00142, subject to the Conditions of Approval attached hereto as Exhibit A – Conditions, 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 . Resolution No. 16-2992 Downey Planning Commission PLN-16-00142 – 8243 Priscilla Street September 7, 2016 - Page 3 SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 7th day of September 2016. Originally signed by Matias Flores Matias Flores, Chairman City Planning Commission I HEREBY CERTIFY that the foregoing is a true copy of a Resolution a dopted by the Planning Commission of the City of Downey at a regular meeting thereof held on the 7th day of September 2016, by the following vote, to wit: AYES: COMMISSIONERS: Flores, Morales, Rodriguez and Owens NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Lujan ABSTAIN: COMMISSIONERS: None Originally signed by Mary Cavanagh Mary Cavanagh, Secretary City Planning Commission Resolution No. 16-2992 Downey Planning Commission PLN-16-00142 – 8243 Priscilla Street September 7, 2016 - Page 4 EXHIBIT A CONDITIONS OF APPROVAL PLN-16-00142 (VARIANCE) PLANNING 1) This approval of PLN-16-00142 (Variance) allows the construction of a two-car, 400-square- foot garage at the rear of the principal dwelling of the property located at 8243 Priscilla St, insomuch that the garage will cover more than one-half (1/2) of a contiguous portion of the required rear-yard setback, on a 30-foot-wide lot. 2) 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. 3) The Owner/Applicant agrees, as a condition of approval of this resolution, to indemnify, defend and hold harmless, at Applicant's expense, City and City's agents, officers and employees from and against any claim, action or proceeding commenced within the time period provided in Government Code Section 66499.37 to attack, review, set aside, void or annul the approval of this resolution, to challenge the determination made by City under the California Environmental Quality Act or to challenge the reasonableness, legality or validity of any condition attached hereto. City shall promptly notify Applicant of any such claim, action or proceeding to which City receives notice, and City will cooperate fully with Applicant in the defense thereof. Applicant shall reimburse the City for any court costs and attorney's fees that the City may be required to pay as a result of any such claim, action or proceeding. City may, in its sole discretion, participate in the defense of any s uch claim, action or proceeding, but such participation shall not relieve Applicant of the obligations of this condition. 4) Prior to Building Permit final, the Applicant shall repaint or replace the existing fence along the rear property line. BUILDING 5) The owner/applicant is responsible for obtaining any required Building Permits and inspections. END OF CONDITIONS