HomeMy WebLinkAboutPC Reso 11-2722RESOLUTION NO. 11-2722
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY
APPROVING PLN -11-00115 (VARIANCE): A REQUEST TO DEVIATE FROM
SECTION 9710.04(E) OF THE DOWNEY MUNICIPAL CODE, THEREBY ALLOWING
INSTALLATION OF A SECURITY GATE ACROSS THE DRIVEWAY AND AT 35'
SETBACK FROM THE FRONT PROPERTY LINE FOR AN APARTMENT COMPLEX
AT 11613 DOWNEY 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:
A. An application was filed by Robert Ferguson (hereinafter "Applicant") requesting
Planning Commission approval of PLN -11-00115 (Variance), to install a security
gate across the driveway and at 35' setback from the street property line for an
apartment complex at 11613 Downey Avenue, and zoned R-3 (Multiple -Family
Residential);
B. On June 23, 2011, 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
Downey Patriot; and,
C. The Planning Commission held a duly noticed public hearing on July 6, 2011
and, after fully considering all oral and written testimony and facts and opinions
offered at the aforesaid public hearing, adopted Resolution No. 11-2722,
approving PLN -11-00115 (Variance).
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 applicant proposes a rolling, wrought -iron security gate
to protect the tenants and their vehicles from intruders. The gate and its closing
apparatus will locate in a space beneath a staircase and immediately adjacent to
the north side of the front building on the subject property; however, the proposed
security gate is only 35 feet from the front property line, which is less than the
forty feet minimum distance Downey Municipal Code Section 9710.04 requires for
stacking two vehicles outside the public right-of-way.
The subject site was developed in 1973, under the R-3 (Multiple -Family Residential)
development standards in effect at that time. As such, the 14 -unit apartment
complex exists as a legal nonconforming use because the two-way driveway is only
18'-10" wide within the front thirty-five feet (35') feet of the subject site (Section
Resolution No. 11-2722
Downey Planning Commission
9712.04(c) of the Downey Municipal Code requires not less than twenty feet in width
for two-way driveways) and because only 27 parking spaces exist on the site
although the use requires 35 parking spaces (2.5 spaces per unit).
The Downey Fire Code presents another factor that affects the proposed design.
The Fire Code requires a driveway to be at least twenty feet wide to provide fire
truck access onto a property of this size. If the applicant locates the gate closing
apparatus within the front forty feet of the property, the mechanism will eliminate
at least one (1) parking space, block pedestrian access to the stairwells between
the front two buildings, restrict fire truck access even more, and allow the property
to remain accessible to vandals.
The proposed location for the security gate represents the applicant's desire to
avoid making these nonconforming conditions worse. By positioning the gate
beneath the stairwell, the applicant can maintain the current driveway width within
the front 35 feet of the property that the Fire Department finds acceptable. Staff
finds the 35 feet distance from the security gate to the public right-of-way
sufficient space for two (2) vehicles to park. The proposed security gate location
maintains the current amount of off-street parking spaces available on-site, while
also providing the level of security desired. Other properties within the same
vicinity and zone were allowed to install security gates at distances less than 40
feet from the street property line.
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 9710.04(e) of the Downey Municipal Code
establishes a 40 feet setback from the front property line. The applicant is trying
to install a security gate that keeps unauthorized individuals from entering the
apartment complex. The new gate will be behind the required 15 feet front yard
setback and will be 35 feet from the public right-of-way. With the existing front
structure's location, the proposed security gate cannot be accommodated at other
areas beside the requested location.
C. Special conditions and circumstances would not result from the actions of
the applicant. Exceptional or extraordinary conditions or circumstances do not
result from the actions of the applicant. Approving PLN -11-00115 will allow the
applicant to construct a security gate in a location that maintains off-street parking
levels, fire truck access, and sufficient automobile stacking space, while providing
the amount of security desired by the applicant. It is staffs opinion that approval
of the variance will not result in a special circumstance as a result of the action of
the applicant because the size and shape of the lot were established prior to City
incorporation, and the apartment building was built to the Code requirements of
1973, with its current side yard setbacks.
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 some apartment
complexes in the vicinity have security gates at less than 40' setback from street
property line. Approval of this variance will not establish a precedent in the R-3
PLN -11-00115 — 11613 Downey Ave
July 6, 2011 - Page 2
Resolution No. 11-2722
Downey Planning Commission
zone, because the subject property will still provide sufficient stacking distance for
vehicles to enter into the apartment units.
E. The granting of such variance will be in harmony and not adversely affect
the General Plan. 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". The new gate will address the safety concern from the
resident at the subject site, while provide screening of the on-site parking spaces
from public view.
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. The proposed 35' setback
distance will provide sufficient space for vehicles to line-up and wait to enter into
the apartment units. In staffs view, the thirty five (35) feet front yard setback
instead of 40' is reasonable request 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 PLN -11-00115
(Variance), 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 6th day of July, 2011.
Robert Kiefer, Chairman
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 6th day of July 2011,
by the following vote, to wit:
AYES: COMMISSIONERS: Lujan, Morales, Murray, Kiefer
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONER: Garcia
Theresa Donahue, Secretary
City Planning Commission
PLN -11-00115 — 11613 Downey Ave
July 6, 2011 - Page 3
Resolution No. 11-2722
Downey Planning Commission
PLN -11-00115 (VARIANCE)
EXHIBIT A - CONDITIONS
PLANNING
1) This approval of PLN -11-00115 is for a variance to Section 9710.04(e) of the Downey
Municipal Code to install a security gate across the driveway at a setback of 35' instead
of the required 40' from the front property line for an apartment complex, as shown on
plans received by the Downey Planning Division on May 10, 2011.
2) Each household shall receive remote control units to operate the security gate.
3) The security gate shall be powder coated, not painted.
4) The owner/applicant shall incorporate child safety design features for the new stairwell,
security gate and the closing mechanisms. The construction drawings shall also include
details of the revised stairwell design.
5) The security gate shall comply with the City's development standards pertaining to the
height, location, and materials for fencing.
6) 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.
7) PLN -11-00115 (Variance) 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.
8) Approval of this PLN -11-00115 (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. Unless otherwise expressly specified, all other
requirements of the City of Downey Municipal Code shall apply.
9) 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.
10) The owner/applicant shall comply with all conditions of approval of PLN -11-00115 before
this variance becomes valid.
11) The owner/applicant shall incorporate a copy of this Resolution No. 11-2722 (including
Exhibit A — Conditions), into the approved set of building plans.
BUILDING
12) All construction shall comply with the requirements of the 2010 California Building Code,
2010 California Plumbing Code, 2010 California Electrical Code, 2010 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.
PLN -11-00115 — 11613 Downey Ave
July 6, 2011 - Page 4
Resolution No. 11-2722
Downey Planning Commission
13) Prior to the commencement of construction, the applicant/owner shall obtain all required
permits. Additionally, the applicant shall obtain all necessary inspections and permit final
prior to beginning operation of the site.
PUBLIC WORKS/ENGINEERING
14) 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.
15) 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.
16) The owner/applicant shall provide that all construction graffiti created as part of this
project in the public right of way to be removed.
FIRE
17) All construction shall comply with the requirements of the 2010 California Fire Code, as
amended by the City of Downey.
18) The applicant/owner shall install a Knox@ Rapid Entry System for the project. Knox®
Box's shall be mounted at a height not greater than 10 feet for protruding boxes or 6 feet
for flush mounted boxes. The location of the Knox box is subject to the approval of the
Downey Fire Department.
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PLN -11-00115 — 11613 Downey Ave
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