HomeMy WebLinkAboutPC Reso 21-3130RESOLUTION NO. 21-3130
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING VARIANCE (PLN -20-00102), THEREBY REDUCING
THE REAR SETBACK REQUIREMENT FROM 20 FEET TO 10 FEET TO
ALLOW FOR THE CONSTRUCTION OF A 491 SQUARE FOOT ADDITION TO
A SINGLE FAMILY RESIDENCE ON PROPERTY LOCATED AT 11720
NORLAIN AVENUE.
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 September 24, 2020, the applicant submitted a request for a Variance to reduce the
required setback of 20 feet to 10 feet to allow for an addition to the rear of the dwelling
on the subject site. Due to missing information on the project plans, staff deemed the
application incomplete; and,
B. On December 14, 2020, the applicant submitted the remaining information needed to
complete the application. Accordingly, staff deemed the application complete on
December 28, 2020; and,
C. On January 21, 2021, notice of the pending application published in the Downey Patriot
and mailed to all property owners within 500' of the subject site; and,
D. The Planning Commission held a duly noticed public hearing on February 3, 2021 and,
after fully considering all oral and written testimony and facts and opinions 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 project 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 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 regarding the Site Plan Review, the Planning Commission further finds,
determines and declares that:
A. 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 significantly smaller
in depth compared to the majority of the surrounding properties which have an average
depth of 103.9 feet and therefore this site is identified as exceptional or extraordinary. The
subject site has a hardship due to its nonconforming lot depth of 70 feet. The site is best
described as an irregularly square shaped lot compared to the rectangular shape of most of
the adjacent lots. A rectangular shaped lot in this neighborhood typically has a buildable
depth of 60 feet while this lot only has 30 feet due to setback standards. The shape and
dimensions of the subject site are peculiar and unique compared to most lots in the
Resolution No. 21-3130
Downey Planning Commission
surrounding area and throughout the City.
B. The 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 project consists of a 491 square foot rear addition
with a 10 foot rear setback. The proposed construction is not allowed without a Variance
because it does not conform to a 20 foot rear yard setback set forth within the Downey
Municipal Code. In terms of physical layout, the interior lot has an inability to construct the
proposed addition in the same manner as the adjacent properties due to the shorter depth of
said lot. This restriction is not applicable to other lots in the same vicinity as the other lots
are greater in depth and therefore not restricted on buildable area or prevented from utilizing
their property. The dimensions and lot shape are specific to the subject site and create a
hardship for the site to accommodate new construction. An equal scope of work and square
footage may not be achieved elsewhere on the property due to the depth of the site. The
subject site has a depth that is approximately 30 feet less than the average depth of
surrounding properties. Therefore, the literal interpretation and application of this article
deprives the applicant of rights commonly enjoyed by other properties in the same vicinity
and zone in which the property is located.
C. The exceptional or extraordinary conditions or circumstances do not result from the actions
of the applicant. The subject site is best described as a uniquely shaped lot, and is not able
to meet all applicable development standards with a legal nonconforming lot depth of only
70 feet which is not in conformance with the average depths of adjacent lots. The 70 foot
depth is an existing nonconformity and not a result from actions of the applicant. The
applicant assumed the challenges of the nonconforming use upon purchase but did not take
any action to create or exacerbate the unique condition of the subject site.
D. 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 this Variance does not allow the applicant a
special privilege that is denied to other properties. The applicant's request for a reduced rear
yard setback of 10 feet is a modification that may be granted by the Commission per section
9534.20 of the Downey zoning code for lots having restricted depths. Granting of a Variance
will allow the applicant to gain some of the rights automatically given to properties with
standard shapes and lot dimensions. For point of reference, a reduced rear yard setback of
4 feet is found at the property directly to the southwest of the subject site with similar lot
dimensions, which was approved by the Planning Commission in 1986. The subject site's
irregular depth does not confer any special privilege that is denied by this chapter to other
lands in this same zone. The granting of a Variance will restore the subject site's ability to
develop in conformance with surrounding properties. Additionally, the subject site will be
required to comply with all other development standards like floor area ratio, building height,
and side setbacks.
E. The granting of such variance will be in harmony and not adversely affect the General Plan
of the City. The project will be in harmony with the City's General Plan. The General Plan
Land Use designation for the subject site is Low Density Residential and is in compliance
with Policy 1.4.2, which states "Promote residential construction that complements existing
neighborhoods." Staff has analyzed the surrounding neighborhood and has found that this
construction is consistent with the existing neighborhood in that the reduced setback has
also been granted to similar properties within the neighborhood. Additionally, Staff has
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Resolution No. 21-3130
Downey Planning Commission
worked with the applicant to ensure that the architectural style and quality of the proposed
addition will be compatible with the architecture of the existing home and the surrounding
neighborhood. The proposed scope of work is within harmony and does not adversely affect
the following policies: Goal 8.1 — Promote quality design for new, expanded, and remodeled
construction. Policy 8.1.1 — Promote architectural design of the highest quality. Program
8.1.1.2 — Assist homeowners and builders by providing design guidelines to illustrate good
design. These goals are most typically achieved by allowing new construction that is
consistent, compatible, and similar in character to the surrounding neighborhood.
F. 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 lot depth of the subject site is at least 30 feet less in depth than most
surrounding properties and therefore is a uniquely shaped lot. Most of the properties within
this neighborhood have a buildable depth of 60 feet, while the subject site currently has 30
feet. This Variance, if approved, will allow 45 feet of buildable depth for the subject site
instead of 30 feet. Although this buildable depth is not equivalent to the 60 feet of buildable
depth that most of the surrounding properties have, it brings the subject site closer to
compliance. With the approved addition, the property will maintain proportion to the size of
the lot by complying with the Floor Area Ratio, side setbacks, and open space development
standards for this land use designation.
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 (PLN -20-00102)
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.
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Resolution No. 21-3130
Downey Planning Commission
SECTION 5. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 3rd day of February, 2021
lc �
Miguel uarte, 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 3rd day of February,
2021, by the following vote, to wit:
AYES:
COMMISSIONERS:
Duarte, Owens, Spathopoulos, Montoya and Ortiz
NOES:
COMMISSIONERS:
None
ABSENT:
COMMISSIONERS:
None
ABSTAIN
COMMISSIONERS:
None
Mary Cav nagh, Secretary
City Plprahing Commission
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Resolution No. 21-3130
Downey Planning Commission
VARIANCE (PLN -20-00102)
EXHIBIT A - CONDITIONS
PLANNING
1) The approval of this Variance (PLN -20-00102) allows for the reduction of a rear setback
from 20 feet to 10 feet to allow for a 491 square foot addition to the rear of the dwelling
as shown on the plans date stamped December 14, 2020.
2) This Variance (PLN -20-00102) 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.
3) The use approved herein must be executed within one year of Planning Commission
approval or shall be subject to revocation where this approval will be deemed null and
void.
4) The Variance allowed for the reduction of the rear setback requirement from 20 feet to
10 feet. This 491 square foot rear addition shall be in complete compliance with all other
development standards within the Downey Municipal Code that pertain to the subject
site.
5) The Planning Commission reserves the right to revoke or modify this approval if the
proposed use becomes a public nuisance, finds the permit was obtained by fraud, the
approved use is not being exercised, the approved use is operated in violation of the
terms and conditions contained herein, or the approved use ceased or was suspended
for one year or more.
6) 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 such claim, action or proceeding, but such participation shall not relieve
Applicant of the obligations of this condition.
7) 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.
8) All exterior lights on the property shall be directed, positioned, and/or shielded such that
they do not illuminate surrounding properties.
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Resolution No. 21-3130
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9) The approved architectural elements shall be as noted in the approved plans to be
compatible with the existing structure at the subject site. Modifications to the facades
and/or colors shall be subject to the review and approval of the City Planner if such
modifications achieve substantially the same result as would strict compliance with said
plans.
BUILDING
10) All construction shall comply with the most recent adopted City and State building codes:
2019 California Building Code
2019 California Residential Code
2019 California electrical Code
2019 California Mechanical Code
2019 California Plumbing Code
2019 California Fire Code
2019 California Green Code
11) Special Inspections — As indicated by California Building Code Section 1704, the owner
shall employ one or more special inspectors who shall provide special inspections when
required by CBC section 1704. Please contact the Building Division at time of plan
submittal to obtain application for special inspections.
12) The Title Sheet of the plans shall include: Occupancy Group, Occupant Load,
Description of use, Type of Construction, Height of Building, Floor area of building(s)
and/or occupancy group(s)
13) School impact fees shall be paid prior to permit issuance.
14) Dimensioned building setbacks and property lines, street centerlines and between
buildings or other structures shall be designed on plot plan.
15) All property lines and easements must be shown on plot plan. A statement that such
lines and easements are shown is required.
16) The project design will conform with energy conservation measures articulated in Title
24 of the California Code of Regulations and address measures to reduce energy
consumption such as flow restrictors for toilets, low consumptions light fixtures, and
insulation and shall use to the extent feasible draught landscaping.
FIRE
17) The occupancy use, design, and construction shall comply with the most recently
adopted code requirements set forth in the California Building and Fire Codes.
END OF CONDITIONS
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