HomeMy WebLinkAbout1. PLN-21-00035 SDRVSTAFF REPORT
PLANNING DIVISION
DATE: FEBRUARY 16, 2022
TO: PLANNING COMMISSION
SUBMITTED BY: ALDO E. SCHINDLER, DEPUTY CITY MANAGER/
COMMUNITY DEVELOPMENT
REVIEWED BY: CRYSTAL LANDAVAZO, CITY PLANNER
PREPARED BY: ALFONSO HERNANDEZ, SENIOR PLANNER
SUBJECT: SECONDARY DRIVEWAY (PLN-21-00035) - A REQUEST FOR A
SECONDARY DRIVEWAY FOR RECREATIONAL VEHICLE STORAGE
LOCATION: 9234 LEMORAN AVENUE
ZONING: R-1 7,500 (SINGLE-FAMILY RESIDENTIAL)
REPORT SUMMARY
The Applicant has requested approval of a secondary driveway (PLN-21-00035) to access and
store a recreational vehicle at the rear of the property. The Downey Municipal Code allows a
secondary driveway for the storage of RVs with the approval from the Planning Commission and
subject to specific standards. The proposed secondary driveway complies with these standards
and the property is requesting approval.
Based on the findings contained in this report, staff recommends that the Planning Commission
adopt the following resolution:
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING A SECONDARY DRIVEWAY FOR RECREATIONAL
VEHICLE STORAGE (PLN-21-00035) LOCATED AT 9234 LEMORAN
AVENUE, ZONED R-1 7,500 (SINGLE-FAMILY RESIDENTIAL)
BACKGROUND
The subject property is a 7,562 square feet lot located on the northeast corner of Lemoran
Avenue and Appleby Street. The site is zoned R-1 7,500 (Single-family Residential) and is
developed with a two-story 3,216 square foot home and a two-car garage. The subject site is
surrounded all around by other R-1 zoned properties, and also developed with single-family
homes.
PC Agenda Page 1
PLN-21-00035 – 9234 Lemoran Avenue
February 16, 2022 - Page 2
Site Photograph (from Lemoran Avenue)
On March 24, 2021, Mario Limatola, the property owner, submitted the application. On January
17, 2022, staff completed the review of the changes to the application and deemed it complete.
On February 3, 2022, staff mailed notice of the pending public hearing to all property owners
within 500 feet of the subject site and the notice was also published in the Downey Patriot.
DISCUSSION
The subject property is located on a corner with both the entrance to the residence and garage
facing Rives Avenue. The existing driveway leads to the garage located toward the north end of
the property. The secondary driveway will be located adjacent to the primary driveway towards
the rear of the property. The secondary driveway provides access to a rear concrete pad where
the applicant plans to store a recreational vehicle. The driveway will be ten feet wide throughout
and the RV storage area will be setback a minimum of five feet from the structures on the
property. These physical characteristics are in compliance with development standards. In
addition, the pad will also be a minimum of ten feet from neighboring structures.
Lastly, the applicant will construct the portion of the driveway most visible to the public right-of-
way with a ribbon strip design. An example of a ribbon strip driveway is attached as Exhibit D.
As required by the municipal code, a different design is required in order to distinguish the
secondary driveway and limit the amount of hardscape present within the front and streetside
setbacks. As shown in the photo above, concrete was used to expand the existing driveway
because the applicant was unaware of the Downey Municipal Code standards. However, the
applicant is ready to replace the concrete with a ribbon strip to comply with code requirements.
DEVELOPMENT REVIEW COMMITTEE
The Development Review Committee (DRC) discussed and evaluated the project as it pertains
to Planning, Police, Fire, Public Works, and Building and Safety matters. No departments
expressed concerns or opposition over the project, and issued standard conditions.
Recommended conditions of approval have been included in the attached Resolution to address
potential impacts.
PC Agenda Page 2
PLN-21-00035 – 9234 Lemoran Avenue
February 16, 2022 - Page 3
ENVIRONMENTAL ANALYSIS
Staff has reviewed the proposed use for compliance with the California Environmental Quality
Act (CEQA). Upon completion of this review, staff determined that this request is categorically
exempt from CEQA, pursuant to Guideline Section No. 15304 (Class 4, Minor Alterations to
Land). Categorical Exemptions are projects, which have been determined not to have a
significant effect on the environment and have been exempted from the requirements of CEQA.
FINDINGS
Pursuant to the requirements of the Municipal Code, staff recommends that the Planning
Commission make the following findings to approve the request:
1. The proposed activity or use will be consistent with the objectives, policies, and
general land uses and programs specified in the City’s General Plan.
The project does not conflict with any applicable goals and policies specified in the City’s
General Plan. The proposed use is determined to be strictly ancillary to the primary
residential use, and further enhances how the applicant uses their property. The design
of the secondary driveway will be in compliance with the following policy:
Policy 8.3.1 – Enhance the views of the property from the public streets to exhibit a
positive image.
The applicant will construct the portion of the driveway most visible to the public right-of-
way with a ribbon strip design. As required by the municipal code, a different design is
required in order to distinguish the secondary driveway and limit the amount of
hardscape present within the front and streetside setbacks.
2. The proposed activity or use is consistent with other provisions of Article IX of the
Downey Municipal Code.
A secondary driveway for the purposes of RV storage is a permitted use upon the
approval of the Planning Commission in accordance with Downey Municipal Code
Section 9710.02(m)(2). Furthermore, the project directly complies, or has been
conditioned to comply, with all relevant provisions within Article XI of the Downey
Municipal Code. These provisions include, but are not limited to, review process, width,
design, and location.
3. The proposed activity or use will not result in conditions or circumstances
contrary to the public health, safety, and general welfare.
The incidental nature of the secondary driveway is anticipated to have no lasting effects
to the public health, safety, and general welfare of the community. Secondary driveways
for RV storage are a common feature within R-1 neighborhoods. In addition, all
conditions of approval have been incorporated in an effort to mitigate potential
nuisances.
PC Agenda Page 3
PLN-21-00035 – 9234 Lemoran Avenue
February 16, 2022 - Page 4
CORRESPONDENCE
Staff received a letter, on February 9, 2022, from Suzanne Perillo a resident located at 9226
Lemoran Avenue. The residence is directly abutting the subject property to the north. The letter
is in opposition to the proposed request citing concerns related to sunlight and air circulation.
Specifically, the letter addresses concerns related to the height of the applicant’s RV being in
direct conflict with a living room window. A letter and photos have been submitted for your
consideration and attached to this report as Exhibit E.
CONCLUSION
Based on the analysis contained within this report, staff concludes that all of the required
findings can be made in a positive manner. Staff recommends that the Planning Commission
adopt a resolution approving the application.
EXHIBITS
A. Maps
B. Draft Resolution
C. Project Plans
D. Example of Ribbon Strip Driveway
E. Correspondence
PC Agenda Page 4
PLN-21-00035 – 9234 Lemoran Avenue
February 16, 2022 - Page 5
Exhibit ‘A’
Subject Site
PC Agenda Page 5
PLN-21-00035 – 9234 Lemoran Avenue
February 16, 2022 - Page 6
Subject
Site
PC Agenda Page 6
RESOLUTION NO. 22-____
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY APPROVING A SECONDARY DRIVEWAY FOR RECREATIONAL
VEHICLE STORAGE (PLN-21-00035) LOCATED AT 9234 LEMORAN
AVENUE, ZONED R-1 7,500 (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. On March 24, 2021, Mario Limatola (hereinafter “applicant”), submitted a request
for Secondary Driveway for Recreational Vehicle Storage; and,
B. On January 17, 2022, the application was deemed complete.
C. On February 3, 2022, a notice of the public hearing was sent to all property
owners within 500’ of the subject site and the notice was published in Downey
Patriot; and,
E. The Planning Commission held a duly noticed public hearing on February 16,
2022, and after fully considering all oral and written testimony, 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 development has been reviewed and has been found to
comply with the California Environmental Quality Act (CEQA) and is categorically exempt from
CEQA, pursuant to Guideline Section No. 15304 (Class 4, Minor Alterations to Land).
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. The proposed activity or use will be consistent with the objectives, policies, and
general land uses and programs specified in the City’s General Plan. The project
does not conflict with any applicable goals and policies specified in the City’s
General Plan. The proposed use is determined to be strictly ancillary to the
primary residential use, and further enhances how the applicant uses their
property. The design of the secondary driveway will be in compliance with the
following policy:
Policy 8.3.1 – Enhance the views of the property from the public streets to exhibit
a positive image.
The applicant will construct the portion of the driveway most visible to the public
right-of-way with a ribbon strip design. As required by the municipal code, a
different design is required in order to distinguish the secondary driveway and
limit the amount of hardscape present within the front and streetside setbacks.
PC Agenda Page 7
Resolution No. 22-______
Downey Planning Commission
B. The proposed activity or use is consistent with other provisions of Article IX of the
Downey Municipal Code. A secondary driveway for the purposes of RV storage
is a permitted use upon the approval of the Planning Commission in accordance
with Downey Municipal Code Section 9710.02(m)(2). Furthermore, the project
directly complies, or has been conditioned to comply, with all relevant provisions
within Article XI of the Downey Municipal Code. These provisions include, but are
not limited to, review process, width, design, and location.
C. The proposed activity or use will not result in conditions or circumstances
contrary to the public health, safety, and general welfare. The incidental nature of
the secondary driveway is anticipated to have no lasting effects to the public
health, safety, and general welfare of the community. Secondary driveways for
RV storage are a common feature within R-1 neighborhoods. In addition, all
conditions of approval have been incorporated in an effort to mitigate potential
nuisances.
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 the Secondary
Driveway (PLN-21-00035), subject to conditions of approval attached hereto, 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 16th day of February 2022
Patrick Owens, 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 16th day of February
2022 by the following vote, to wit:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
ABSTAIN: COMMISSIONERS:
Mary Cavanagh, Secretary
City Planning Commission
PC Agenda Page 8
Resolution No. 22-______
Downey Planning Commission
SECONDARY DRIVEWAY FOR RECREATIONAL VEHICLE STORAGE (PLN-21-00035)
CONDITIONS OF APPROVAL
1)The approval of this Secondary Driveway for Recreational Vehicle Storage approves the
size, location, and design of a secondary driveway and concrete pad, located at 9234
Lemoran Avenue.
a.Size: 10 foot wide maximum driveway width within the front
setback.
b.Design: Grasscrete design within the front setback.
c.Location:
i.Driveway located to the north of the existing driveway.
ii.Concrete pad is setback 50 feet from the street side property
line.
2)Approval of this Secondary Driveway for Recreational Vehicle Storage 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 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.
4)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.
5)An affidavit of Acceptance of Conditions, as provided by the City of Downey, shall be
signed, notarized, and returned to the Planning Division within fifteen (15) days of
approval. This approval will be considered invalid until this condition has been fulfilled.
6)Project must remain in strict conformance with the approved set of plans.
7)The secondary driveway and concrete pad shall only be used for recreational vehicle
storage.
8)Landscaping shall be planted and maintained within the middle of the ribbon strip
driveway. Landscaping shall be exclusively drought tolerant.
PC Agenda Page 9
Resolution No. 22-______
Downey Planning Commission
9) Prior to the issuance of any building permit for a secondary driveway, said driveway shall
comply with the approved set of plans.
10) The applicant shall obtain all required Building permits and inspections.
11) This approval shall be valid for the duration of one year. Work must be completed and
receive final building inspections no later than February 16, 2023.
Public Works
12) Proposed public improvements shall comply with the latest edition of Standard Plans
and Specifications for Public Works Construction, City of Downey standards and the
Americans with Disabilities Act (ADA).
13) The owner/applicant shall be responsible for the removal of any parkway trees or
decorative pavers in the public right-of-way.
14) Obtain permits from the Public Works Department for all improvements within the public
right of way at least two weeks prior to commencing work. Contact Brian Aleman,
Assistant Civil Engineer, at (562) 904-7110 for information.
15) Encroachment Permit for the driveway approach shall be issued to a contractor whom
possess a valid State of California Contractor’s License in the Classification of A,
“General Engineering Contractor” or C-08, “Concrete Contractor”.
16) Owner/Applicant shall construct proposed driveway approach per City of Downey
Standard No. 19. Driveway width bottom of X to bottom of X shall be a minimum of 10
feet. The new driveway approach shall be at least five (5) feet away from any above-
ground obstructions (including storm drains) in the public right-of-way to the top of the
driveway “X.” Otherwise, the obstruction shall be relocated at the applicant’s
expense. Ensure that each driveway provides proper pedestrian access across, in
compliance with ADA standards. The final layout and site driveway approach design
shall be subject to approval by the Public Works Department.
17) Remove all Underground Service Alert (USA) temporary pavement markings
immediately following the completion of the work / Final permit inspection.
18) Any utilities that are in conflict with the proposed driveway approach shall be relocated at
the owner/applicant's expense. Owner/applicant shall coordinate the relocation with the
utility owner and proper Public Works permit will need to be pulled.
END OF CONDITIONS
PC Agenda Page 10
PLOTPLAL City of Oowncy - Community Development Department
11111 Brookshire Avenue
Downey, CA 90241
lluilJing: ( 562) 904-7142 l'la1111ing: (5(,2) 904-715•1 Inspection Request: (5(,2) 904-7141
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PC Agenda Page 11
Exhibit D
PC Agenda Page 12PC Agenda Page 12
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February 8, 2022
SUZANNE PERILLO
9226 LEMORAN AVE.
DOWN EV, CA. 90240
(562)869-9466
Planning Commission of the City of Downey
11111 Brookshire Avenue
Downey, Ca. 90241-7016
RE: Public Hearing: February 16, 2022-6:60 p.m.
Project Location: 9234 Lemoran Avenue
Dear Planning Commissioners:
I am contesting the permit for the Secondary Driveway for the Project Location listed above.
A few months ago Mr. Limatola parked the mobile home for a few days in the area that he is requesting
the Secondary Driveway for. The vehicle is approximately 35 feet long and 20 feet high. It was parked
along our common fence. This obstructed my windows in my living area (the bottom of the sill is 6 feet
off the ground.) All I could see was the side of the mobile home and because it is so high, I could not see
the sky which means that the sun and air circulation were blocked from my living area. The separation
between my living area and the mobile home is 9 ½ feet, the width of my driveway. To my knowledge
Mr. Limatola has owned the mobile home for about six months and with the exception of the few days
that it was parked along our common wall it was parked someplace else. So obviously he does have
another place to park it.
Because the vehicle is so high and long some wires and the facia and soffit were ripped out on the side
of his garage when pulled in and out of the area. I feel this information is important in order for you to
understand and for me to emphasize the size of the vehicle which Mr. Limatola would park in front of
my windows.
I am 78 years old and work eight hours a day 5 days a week to afford the maintenance and repairs that
my home needs. My home of 36 years is in a residential area, not a trailer park. My home is my
sanctuary and the thought of having something like this affect my lifestyle is very unnerving. I have a
right to a stress-free safe domicile.
I appreciate your review and consideration of my plea contesting the permit. If you have any questions,
please do not hesitate to contact me. I am at work from 7:00 a.m. to 4:00 p.m. Monday through Friday.
My work number is (562)927-1435.
Photo # 1 Current view from my windows showing where soffit, facia and wiring was ripped out.
Photo# 2 & 3 Showing my drive way and windows in my living area.
Photo# 4 My living area in relation to the windows and common fence.
Si�£4
Suzanne Perillo,
Home Owner
Exhibit E
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