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HomeMy WebLinkAboutPC Reso 10-2626RESOLUTION NO. 10-2626 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING VARIANCE NO. 10-01, THEREBY ALLOWING A DEVIATION TO THE DEVELOPMENT STANDARDS SET FORTH IN TABLE 9.3.3 OF MUNICIPAL CODE SECTION 9312.08 TO ALLOW THE CONSTRUCTION OF A SINGLE-FAMILY RESIDENCE ON PROPERTY LOCATED AT 8210 CHEYENNE AVE 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. On January 4, 2010, the applicant submitted an application for Variance No. 10-01, requesting to deviate from the development standards set forth in the Municipal Code, thereby allowing the construction of a single-family residence on the subject site. On January 25, 2010, staff completed the review of this application, and at such time, deemed the application complete; and, B. On February 19, 2010, notice of the pending public hearing was mailed to all property owners within 500' of the subject site. Furthermore, the notice was published in the Long Beach Press -Telegram on February 19, 2010; and, E. — The Planning Commission held a duly noticed public hearing on March 3, 2010 and after fully considering all oral and written testimony and facts and opinions offered at the aforesaid public hearing adopted this resolution, subject to conditions of approval (Exhibit A). 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: 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 buildings in the same vicinity and zone. The subject site is a 3,150 square foot lot that is within the R-2 (Two -Family Residential) zone and has a width of 35'. The minimum lot size and width for the R-2 zone is 5,000 square feet and 50', respectively. In reviewing other properties in the same zone and vicinity, it has been noted that most of the lots meet the minimum lot size and width for the zoning district. This substandard lot size and width constitutes an extraordinary circumstance to the subject site, which is not generally applicable to other properties in the same vicinity and zone. 2. Literal interpretation of the provisions of this article would 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. The subject property is the only property on the blocky that is substandard. As such, other properties in the vicinity have the opportunity to build residences to the maximum Floor Area Ratio (0.6) while remaining within the other development standards set forth in the Municipal Code. The FAR for the Resolution No. 10-2626 Downey Planning Commission proposed residence on the subject property is 0.59, which is within the maximum allowable FAR set forth by the code. However, the applicant of the subject site would be deprived of the opportunity to build a residence to the maximum FAR were he held to the other development standards set forth in the code. The requested Variance is necessary to allow the applicant to construct a residence that is comparable to the other homes in the area, thus preserving a right that has been afforded to other property owners in the vicinity and zone. 3. The exceptional or extraordinary conditions or circumstances do not result from the actions of the applicant. The subject property was subdivided prior to the City's incorporation in 1956, in which the applicant was not a party of the subdivision. Furthermore the applicant did not purchase the property until 2009, at which time it was already considered substandard. 4. Granting the Variance requested will not 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. Other properties in the area, which have similar size and width, have previously improved with single-family homes with a comparable size to the applicant's request. Granting this Variance will not confer a special privilege to the applicant since other homes in the same situation have been allowed to construct similar size residences. 5. The granting of such Variance will be in harmony and not adversely affect the General Plan of the City. The subject property has a General Plan Land Use Designation of Low Medium Density Residential, which is implemented with the R-2 zone. Single-family residential homes are a permitted use in the R-2 zone, thus making the proposed use of the property consistent with the General Plan. Additionally, Goal 8.1 of the City of Downey General Plan (Vision 2025) states, "Promote quality design for new, expanded, and remodeled construction." In granting this Variance the subject site will be recycled with a quality design for the new residence, thus implementing this goal. 6. 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 applicant is requesting the Variance in order to construct a single family residence that is similar in size to other properties in the area. The requested residence is a reasonable use of the property, in comparison to the other parcels and improvements in the area. Furthermore, the number of deviations that the applicant has requested in the minimum number needed in order to facilitate the construction of the project. 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 Variance No. 10- 01, 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. Variance No. 10-01 — 8210 Cheyenne Avenue March 3, 2010 - Page 2 Resolution No. 10-2626 Downey Planning Commission SECTION 5. The Secretary shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 3rd day of MariY, 2 0 Louis Morale Chairman City Planni 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 3rd day of March, 2010 by the following vote, to wit: AYES: COMMISSIONERS: Lambros, Murray, Vasquez, Morales NOES: COMMISSIONER: Kiefer Theresa Donahue, Secretary City Planning Commission Variance No. 10-01 — 8210 Cheyenne Avenue March 3, 2010 - Page 3 Resolution No. 10-2626 Downey Planning Commission VARIANCE NO. 10-01 EXHIBIT A — CONDITIONS OF APPROVAL PLANNING 1) Approval of Variance No. 10-01 allows the construction of a 1,863 square foot single- family residence on the property located at 8210 Cheyenne Avenue (AIN 6260-002-053) with the following deviations to the development standards: a) The total combined side setback for the second floor shall be no less than 14'. b) The second floor coverage of the first floor shall not exceed 91 %. C) The maximum the second floor front fagade that can be within 5' of the required 20' front setback shall not exceed 64%. 2) Unless modified herein, all development standards set forth in the Municipal Code shall be complied with. 3) Approval of this Variance 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. 4) 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. 5) All conditions of approval Variance No. 10-01 shall be complied with before the Variance becomes valid. 6) This approval shall become null and void one (1) year after the date of the adoption of this resolution, unless the construction authorized by this approval is submitted into Building and Safety Plan Check and all construction is diligently pursued to completion. 7) Prior to the submittal of plans to Plan Check, the applicant shall obtain approval from the City Planner for the architectural style and materials for the proposed residence. 8) Driveway access shall only be from the alley. There shall be no driveway"approach or parking allowed within the front yard. BUILDING 10) All construction shall comply with the requirements of the 2007 California Building Code, 2007 California Plumbing Code, 2007 California Electrical Code, 2007 California 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. 11) The applicant shall include a copy of this resolution, including all conditions of approval, as a part of the plans submitted into Building and Safety Plan Check. FIRE 12) All construction shall comply with the requirements of the 2007 California Fire Code, as amended by the City of Downey. Variance No. 10-01 — 8210 Cheyenne Avenue March 3, 2010 - Page 4 Resolution No. 10-2626 Downey Planning Commission 13) The applicant shall install an Automatic Residential Fire Sprinkler System within the residence. Said fire protection system shall require a City of Downey Building and Safety and/or Fire Department permit. PUBLIC WORKS 14) All construction within the public rights of way shall be completed in compliance with the standards of the Public Works Department. Prior to beginning any work within the rights- of-way, the applicant shall obtain all necessary permits and approval from the Public Works Department. 15) The applicant shall execute an irrevocable offer to dedicate 2'-6" for right-of-way purposed along the entire rear (alley side) property line. The irrevocable offer to dedicate shall be reviewed and approved by the City of Downey and signed by the applicant. The irrevocable offer to dedicate shall be recorded with the County of Los Angeles prior to the issuance of building permits. The cost of preparing and recording the irrevocable offer to dedicate shall be borne by the applicant. 16) Prior to the issuance of building permit final, all construction graffiti created associated with this project must be removed from the public right of way. 17) Prior to the issuance of building permits, the applicant shall prepare, submit, and obtain approval of a Construction & Demolition (C&D) waste management plan. 18) Prior to the issuance of building permits, the applicant shall submit, and obtain approval of, an engineered grading plan and/or hydraulic calculations and site drainage plan for the site. Said plans shall be prepared, wet stamped, and signed by a Registered Civil Engineer in the State of California. The plan shall demonstrate that the lot does not have less than one (1%) percent gradient on any asphalt or non -paved surface nor less than one quarter (%%) percent gradient on any concrete surface. The plan shall include the following information: topographic site information (including elevations); dimensions and location of existing and proposed public improvements that are adjacent to project (i.e. street, sidewalk, parkway and driveway widths); the width and location of all existing and proposed easements; the dimensions and location of proposed dedications (for alley dedications, show elevations of the four corners of the dedication and centerline of alley, existing and proposed underground utility connections); the location, depth and dimensions of potable water, reclaimed water and sanitary sewer lines; and the type of existing use, including the gross square footage of the building, and its disposition. 19) Prior to the issuance of building permit final, the applicant shall install one (1) street tree in the parkway, adjacent to the front property line. Said street tree shall have a minimum size of a 24 -inch box with a minimum 2 -inch diameter trunk. The exact type and location of the tree shall be as determined by the Public Works Department. 20) Prior to the issuance of building permit final, the applicant shall close the existing driveway approach along Cheyenne Avenue and shall reconstruct the curb, gutter, and sidewalk to the standards of the Public Works Department. Additionally, the applicant shall replace any broken, uneven, or sub -standard curb, gutter, and/or pavement across the property frontage and within the alley across the width of the property. Contact the Public Works Inspection Office at (562) 904-7110 to have these areas identified just prior to preparing a grading plan. Variance No. 10-01 — 8210 Cheyenne Avenue March 3, 2010 - Page 5 Resolution No. 10-2626 Downey Planning. Commission 21) All areas within the scope of work of this project shall comply with the National Pollutant Discharge Elimination System (NPDES) requirements of the Federal Clean Water Act; the General Construction Activities Stormwater Permit (GCASP) of the State, the Stormwater Quality Management Plan (SQMP) of the Los Angeles County Department of Public Works, and Ordinance 1142 of the Downey Municipal Code. 22) The applicant shall install any required sewer lateral (to the front property line) for the parcel. Said sewer lateral shall be designed and constructed to the standards of the City Engineering Division. Septic systems are not acceptable. 23) The applicant shall install all on0site utilities underground. 24) The applicant shall confirm availability of adequate fire flow and pressure in accordance with the Department of Public Works and Downey Fire Department requirements. The applicant shall furnish and install the public potable water improvements, including extension and/or replacement of existing mains and associated facilities, necessary to provide adequate fire flow and pressure to the site. 25) The applicant shall furnish and install fire hydrant(s) and dedicated fire protection lateral(s) including backflow devices, fire department connections and other appurtenances as required by the Department of Public Works and the Downey Fire Department. Such improvements may include removal and/or replacement of existing fire hydrants, laterals, backflow devices, and associated facilities with new facilities to current Downey standards and materials. Backflow devices, fire department connections, and associated appurtenances are to be located on private property and shall be readily accessible for emergency and inspection purposes. 26) The applicant is responsible for coordinating with, and payment(s) to the City and CSDLAC for all sanitary sewer connection and capacity charges. 27) The applicant shall provide improvement plan mylars, record drawing mylars, and record drawing digital (AutoCAD — latest edition) files in accordance with the requirements of the Department of Public Works that have been signed by a civil engineer licensed in the State of California. Final approval of new utilities shall be dependent upon submittal and approval of record drawing mylars and scanned, uncompressed TIFF images of record drawings on a CD/DVD-ROM media per City's GIS Requirements. H:\PLANNING\RESOS\PC\2010\10-2626.doc Variance No. 10-01 — 8210 Cheyenne Avenue March 3, 2010 - Page 6