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HomeMy WebLinkAboutPC Reso 22-3163RESOLUTION NO. 22-3163 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DOWNEY APPROVING A SECONDARY DRIVEWAY FOR RECREATIONAL VEHICLE STORAGE (PLN -21-00178) LOCATED AT 12056 RIVES 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. On December 20, 2021, Donald Mckinnon (hereinafter "applicant"), submitted a request for Secondary Driveway for Recreational Vehicle Storage; and, B. On January 18, 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 in a ribbon strip style. As required by the municipal code, a different design must be incorporated in order to distinguish the secondary driveway and limit the amount of hardscape present within the front setback. Resolution No. 22-3163 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 -21-00178), 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 161h day of February 2022 by the following vote, to wit: AYES: COMMISSIONERS: Uva, Ortiz, Duarte, Montoya, and Owens NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: None Mary Cavanagh, Secreta City Planning Commission Resolution No. 22-3163 Downey Planning Commission SECONDARY DRIVEWAY FOR RECREATIONAL VEHICLE STORAGE (PLN -21-00178) 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 12056 Rives Avenue. a. Size: 10 foot wide maximum driveway width within the front setback. b. Design: Concrete ribbon strip within the front setback. c. Location: i. Driveway located to the south of the residential structure. ii. Concrete pad is setback 79 feet from the front property line and five feet setback from the south 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 and along the sides of the ribbon strip driveway. Landscaping shall be exclusively drought tolerant. Resolution No. 22-3163 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