HomeMy WebLinkAboutPC Reso 10-2647RESOLUTION NO. 10-2647
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING VARIANCE NO. 10-24: A REQUEST TO DEVIATE FROM SECTIONS
9312.08 AND 9534.22 OF THE DOWNEY MUNICIPAL CODE, THEREBY ALLOWING
CONSTRUCTION OF A DETACHED 2 -CAR GARAGE THAT WILL OCCUPY MORE
THAN FIFTY (50) PERCENT OF THE REQUIRED REAR YARD SETBACK AND
ENCROACH FIVE (5') FEET INTO THE REQUIRED TEN (10') FOOT STREET SIDE
YARD SETBACK FOR PROPERTY AT 8153 GARDENDALE STREET, 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. An application was filed by Mary Jaramillo (hereinafter "Applicant") requesting -a
variance to Sections 9312.08 and 9534.22 of the Downey Municipal Code, to
allow the encroachment of a 2 -car garage into the required setbacks, on property
at 8153 Gardendale Street, Downey, California (hereinafter "Subject Site"), and
zoned R-2 (Two -Family Residential); and,
B. On June 25, 2010, notice of the pending public hearing was sent to all property
owners within 500' of the subject site and the notice was published in the Long
Beach Press Telegram; and,
C. The Planning Commission held a duly noticed public hearing on July 7, 2010,
and fully considered all oral and written testimony and facts and opinions offered
at the aforesaid public hearing, hereby 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:
A. Special conditions and circumstances exist that are peculiar to the subject
property, which are not generally applicable to other properties in the same
vicinity and zone. The subject site is located within the R-2 zone, but it was
developed prior to the City's incorporation under the single-family residential
development standards. The minimum lot area for properties within the R-2 zone
is 5;000 square feet, whereas the subject site is only 2,340 square feet. The
subject lot is 26'-7" feet wide along the rear property line. It is considered
nonconforming since it doesn't meet the lot width of 50 feet for lots within the
zoning district. However, other properties in the same area have a legal
substandard size, making them different from the City's minimum lot size for an R-
1 zone property as well. This substandard lot area defines a special condition that
applies to this lot that is not generally applicable to other properties in the same
vicinity and zone.
Resolution No. 10-2647
Downey Planning Commission
B. The literal interpretation of 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 and zone in which the property is located.
Subsection 9312.08 of the Downey Municipal Code establishes a minimum ten -
foot (10') street side yard setback and Section 9534.22 stipulates that an
accessory structure may not occupy more 50 percent of the rear setback, to
preserve space for outdoor use. The applicant is trying to build a garage that
meets today's Code. The new garage will be six feet (6) from the rear property
line (public alley) and five feet (5') from the easterly (street side) property line.
With a limited lot size, denying the applicant from improving their property will
deprive their right to bring the required garage up to the standards of today's
Zoning Code, which is permitted to other properties within the same vicinity and
zone.
C. Special conditions and circumstances would not result from the actions of the
applicant. Approving the variance will allow the applicant to construct a garage
that meets all other development standards in R-2 zone. It is staff's opinion that
approval of the variance will not result in a special circumstance as a result of the
action of the applicant because the lot size was established prior to the City's
incorporation.
D. Granting the variance request will not confer a special privilege on the subject
property that has been denied by this chapter to other lands, structures or
buildings in the same vicinity and zone in which the project site is located. In
observing the area, staff noted that the other properties in the vicinity vary in size;
however, most are within 2,000 square feet to 4,000 square feet. Furthermore,
some of these homes are on lots that are large enough to meet the required
setbacks. The approval of this variance will not establish a precedent in the
vicinity and/or R-2 zone, because the subject property will still maintain the 5'
street side yard setback area.
E. The granting of such variance will be in harmony and not adversely affect the
General Plan. The subject site has a General Plan Land Use Designation of Low
Medium Density Residential, which is implemented with the R-2 zone. Approving
the variance would allow the applicant to comply with the minimum requirement of
a two -car garage per residence. In addition, approving the variance would be
consistent with the General Plan provision that was developed to enhance the
appearance of residential properties. Program 2.5.1.8 of Policy 2.5.1 reads:
"Promote safe and efficient design for parking areas".
F. 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. Because the substandard lot was
established legally, prior to the City's incorporation, any proposed addition to the
existing property will encroach into the required setback areas. However, the
applicant is proposing a five foot (5) street side yard and six foot (6) rear yard
setbacks. These setbacks are reasonable requests in comparison to the
neighboring properties.
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-
24, subject to conditions of approval attached hereto as Exhibit A, which are necessary to
VAR No. 10-24 — 8153 Gardendale St.
July 7, 2010 - Page 2
Resolution No. 10-2647
Downey Planning Commission
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.
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 7th day of July 2010.
Louis Morays, Chairman
rCity Planni g 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 7th day of July 2010,
by the following vote, to wit:
AYES; COMMISSIONERS: Kiefer, Lambros, Murray, Vasquez, Morales
NOES: COMMISSIONERS: None
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Theresa Donahue, Secretary
City Planning Commission
VAR No. 10-24 — 8153 Gardendale St.
July 7, 2010 - Page 3
Resolution No. 10-2647
Downey Planning Commission
VARIANCE No. 10-24
EXHIBIT A - CONDITIONS
PLANNING
1) This approval is for a variance to Sections 9312.08 and 9534.22 of the Downey Municipal
Code to allow a detached 2 -car garage that will occupy more than 50 percent of the
required rear yard setback and to encroach 5 feet into the required 10 foot street side
yard setback, as shown on plans received by the Downey Planning Division on April 29,
2010, and as amended herein.
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) Variance No. 10-24 shall become null and void twelve (12) months after the adoption of
this resolution, unless the construction authorized by this variance has been submitted to
plan check and pursued diligently to completion.
4) Approval of this Variance application shall not be construed to mean any waiver of
applicable and appropriate zoning regulations, or any Federal, State, County, and City
laws and regulations.
5) The Downey Planning Commission shall retain jurisdiction to amend or add conditions
with public notice and public hearing to assure compatibility with the purpose and intent
of the Comprehensive Zoning Ordinance and to protect the public health, safety and
general welfare.
6) All conditions of Variance No. 10-24 shall be complied with before this approval
becomes valid.
PUBLIC WORKS/ENGINEERING
7) If required, the owner/applicant shall install all utilities underground for the subject
property.
8) If applicable, the owner/applicant shall be required to complete a construction &
demolition (C&D) waste management plan per Article V, Chapter 8 of the Downey
Municipal Code.
9) The owner/applicant shall obtain all necessary plan approvals and permits and shall
provide that the standards of improvements, construction materials, and methods of
construction shall be in conformance with the Standard Plans and Specification for Public
Works Construction and as modified by the City of Downey's Standard Plans and
Specifications.
10) If applicable, the owner/applicant shall construct/install curb, gutter, sidewalk, portland
cement concrete driveway approaches, and pavement along property frontage to the
standards of the Department of Public Works. Broken, uneven, or sub -standard curb,
gutter, sidewalk, driveway, and pavement, shall be replaced to the satisfaction of the
Public Works Department. Contact the Public Works Inspection Office at (562) 904-7110
to have these areas identified just prior to initiating a grading plan.
VAR No. 10-24 — 8153 Gardendale St.
July 7, 2010 - Page 4
Resolution No. 10-2647
Downey Planning Commission
11) The new driveway approach shall be as wide as the driveway or parking aisle they serve.
The unused driveway and approach facing Gneiss Avenue shall be removed and
reconstructed with full --height curb, gutter, sidewalk, and landscaping.
12) The owner/applicant 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 Water Resources Control Board; and
Ordinance 1142 of the Downey Municipal Code (DMC). Furthermore, the
owner/applicant shall be required to Certify and append Public Works standard
"Attachment A" to all construction and grading plans as required by the LACoDPW
Stormwater Quality Management Plan (SQMP).
13) The owner/applicant shall provide that all construction graffiti created as part of this
project in the public right of way to be removed.
BUILDING
14) 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.
15) The owner/applicant shall obtain all necessary plan approvals and permits.
FIRE
16) All construction shall comply with the requirements of the 2007 California Fire Code, as
amended by the City of Downey.
17) If applicable, the property may be required to have a residential sprinkler system
installed. The requirement is dependent on the permit valuation.
18) The owner/applicant shall obtain all necessary plan approvals and permits.
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VAR No. 10-24 — 8153 Gardendale St.
July 7, 2010 - Page 5