The URL can be used to link to this page

Home My WebLink AboutPC Reso 11-2710RESOLUTION NO. 11-2709 A RESOLUTION OF THE PLANNING COMMISSION OF THE•CITY OF DOWNEY APPROVING PLN -11-00055 (VARIANCE): A REQUEST TO DEVIATE FROM DOWNEY MUNICIPAL CODE SECTIONS 9312.08 Table 9.3.3 AND 9410.12(b), T14 =REBY ALLOWING CONSTRUCTION OF A ROOM ADDITION THAT WILL ENCROACH ONE FOOT EIGHT INCHES (V-8") INTO THE REQUIRED SIDE YARD SETBACK, PROVIDE LESS THAN THE REQUIRED SQUARE FOOTAGE FOR A ONE -BEDROOM DWELLING, AND ALLOWING SAID ADDITION TO BE CONSTRUCTEDWITHOUT PROVIDING A LOCATION FOR THE FUTURE ESTABLISHMENT OF A TWO&CAR GARAGE FOR PROPERTY AT 13411 VERDURA AVENUE, ZONED R-1 5,000 (SINGLE 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 Hermila Gutierrez (hereinafter "applicant") requesting a variance to Sections 9312.08 and 9410.12(b) of the Downey Municipal Code, to allow the addition of a bedroom that will encroach into the required side yard setback (on the south side of the property), provide less than the required square footage for a one -bedroom dwelling in the R-1 zone, and prevent the future establishment of required enclosed off-street parking, for property located at 13411 Verdura Avenue, Downey, CA (hereinafter "subject site"), and zoned R-1 5,000 (Single -Family Residential). B. On April 7, 2011 notice of the pending public hearing was sent to all property owners within 500 feet of the subject site, and the notice was published in the Downey Patriot; and C. The Planning Commission held a duly noticed public hearing on April20, 2011, fully considered all oral and written testimony and facts and opinions offered at the aforesaid public hearing, and 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#hat: 9. Exceptional or extraordinary conditions or circumstances exist which are peculiar to the land, structure, or building involved on the subject property, which are not generally applicable to other lands, structures, or buildings in the same vicinity and zone. Resolution No. 11-2709 Downey Planning Commission The minimum lot area for properties within the R-1 5,000 zone is 5,000 square feet, whereas the subject site is only 2,268 square feet. The subject lot is 25.2 feet wide. It is considered nonconforming since it does not meet the minimum required lot width of 50 feet for lots within the R-1 zone. 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. Due to the substandard lot width of the subject property, it would not be possible to build a two -car garage on this property that meets the current standards of the DMC. 2. 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. Section 9312.08 of the Downey Municipal Code establishes a minimum five-foot (5') interior side yard -setback and a minimum dwelling size of 700 square feet -for a one - bedroom dwelling in the R-1 zone. Section 9410.12(b) requires that an expansion or enlargement of a nonconforming structure does not prevent the future establishment of required enclosed off-street parking. With a limited lot size, denying the applicant from improving their property will deprive their right to maintain a bedroom and bring the dwelling size closer to the required 700 square feet, which is permitted for other properties within the same vicinity and zone. 3. Special conditions and circumstances do not result from the actions of the applicant. Approving the variance will allow the applicant to construct a bedroom for a single- family dwelling that currently exists as a studio with no bedrooms. Approval of the variance will not result in a special circumstance as a result of the action of the applicant since most single-family residences in the city exist with one or more bedrooms. 4. Granting the variance requested will not confer on the applicant any special privilege that is denied by the Zoning Code to other lands, structures or buildings in the same vicinity and zone in which the property is located. In observing the area, staff noted that the other properties in the vicinity vary in size; however, most are within 2,200 square feet to 8,600 square feet. Furthermore, several of these homes are on lots that are large enough to meet the required side setbacks, minimum dwelling size, and off-street parking. As such, the approval of this variance will not allow the property owner to construct a structure that is not allowed by the Zoning Code. 5. The granting of this variance will be in harmony with and will not adversely affect the General Plan. The subject site has a General Plan Land Use Designation of Low Density Residential, which is implemented with the R-1 zone. Approving the variance would allow the applicant to come closer to meeting the minimum required size for a one - bedroom dwelling. In addition, approving the variance would be consistent with the General Plan Program 8.2.2.4 of Policy 8.2.2 that reads: "Encourage the upgrade of property appearance during the development review process". PLN -1 x-00055{ Variance) 13411 Verdure Avenue April 20, 2011 - Page 2 Resolution No. 11-2709 Downey Planning Commission 6. 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. Because the substandard lot and substandard building were established legally in 1949, prior to the City's incorporation, they do not meet the current development standards set forth in the DMC. The applicant is requesting to add a bedroom to the existing studio -style dwelling, while maintaining the side yard setback of the existing dwelling. This variance is a reasonable request for the use of the property and structure. 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 -11- 00055, 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. SECTION 5. The Secretary shall certify the adoption of this Resolution - PASSED, APPROVED AND ADOPTED this 20th day of April, 2011. Robert Kiefer, Chairman City Planning Commission I HEREBY CERTIFY that the foregoing is a true copy of the a Resolution adopted by the Planning Commission of the City of Downey at a regular meeting thereof, held on the 20th day of April, 2011, by the following vote, to wit: AYES: COMMISSIONERS: Murray, Lujan, Garcia NOES: COMMISSIONERS: Kiefer ABSENT: COMMISSIONERS: Morales Theresa Donahue, Secretary City Planning Commission PLN -11-00055 (Variance) 13411 Verdura Avenue April 20, 2011 -Page 3 Resolution No. 11-2709 Downey Planning Commission PLN -11-00055 (Variance) EXHIBIT A - CONDITIONS PLANNING 1. This approval is for a variance to Sections 9312.08 and 9410.12(b) of the Downey Municipal Code to allow construction of a room addition that will encroach one foot eight inches (1'-8") into the required 5 -foot side yard setback, leaving a side yard setback at the new addition of 3 -foot, 4 -inch; provide less than the minimum required 700 square foot for a one -bedroom dwelling in the R-1 zone (allowing for a 578.77 sq. ft. one -bedroom residence); and allowing said addition to be constructed without providing a location for the future establishment of a two -car garage. 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. PLN -11-00055 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 PLN -11-00055 shall be complied -with -before this approval becomes valid. PUBLIC WORKS/ENGINEERING 7. If applicable, the owner/applicant shall install all utilities underground. 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. The owner/applicant shall comply with the National Pollutant Discharge Elimination System (NPDES) requirements of the federal Clean Water Act; the General PLN -11-00055 (Variance) 13411 Verdura Avenue April 20, 2011 -Page 4 Resolution No. 11-2709 Downey Planning Commission 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). 11. 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 12. All construction shall comply with the requirements of the 2010 California Building 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. 13. The owner/applicant shall obtain all necessary plan approvals and permits. FIRE 14. All construction shall comply with the requirements of the 2007 California Fire Code, as amended by the City of Downey. 15. If applicable, the property may be required to have a residential sprinkler system installed. The requirement is dependent on the permit valuation. 16. The owner/applicant shall obtain all necessary plan approvals and permits. H:\PLANNING\RESOS\PC\2011\1 1-2709.doc PLN -11-00055 (Variance) 13411 Verdura Avenue April 20, 2011 - Page 5