HomeMy WebLinkAboutPC Reso 21-3151RESOLUTION NO. 21-3151
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
DOWNEY TO APPROVE VARIANCE PLN-21-00033, A REQUEST FOR A
DEVIATION FROM DOWNEY MUNICIPAL CODE SECTION 9312.08 (a) FOR A
REDUCED REAR YARD SETBACK OF 10 FEET, RATHER THAN THE
REQUIRED 20 FEET MINIMUM ON A PROPERTY LOCATED AT 7503 PIVOT
STREET, AND 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 March 18, 2021, 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.After receiving all necessary documents the application was deemed complete on
August 12, 2021; and,
C.On August 19, 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 September 1, 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), which includes setback variances not resulting in the creation of any new parcel.
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 unique in shape
which creates a smaller building envelope as compared to the majority of the surrounding
properties which have an average building envelope of 10-feet in depth greater than the
subject site. Thus the subject site can be considered to have exceptional or extraordinary
conditions that would result in an undue hardship because the property would be restricted
from developing the way surrounding property can. The site is best described as an
irregularly shaped lot compared to the rectangular shape of most of the adjacent lots. The
shape and dimensions of the subject site are peculiar and unique compared to most lots in
Resolution No. 21-3151
Downey Planning Commission
the 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 540 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. The unique shaped lot does not have the building envelope to create the
proposed addition without encroaching into the rear yard setback. This restriction is not
applicable to other lots in the same vicinity as the other lots have deeper building envelopes,
parallel front and rear property lines, and equidistant side property lines, and therefore not
restricted on buildable area or prevented from utilizing their property. The dimensions and
irregular lot shape create a hardship for the site to accommodate new construction. An
equal scope of work may not be achieved elsewhere on the property due to the shape of the
site. The subject site has a building envelope that is 10-feet less in depth than those 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 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 unique circumstances. Granting of a Variance will allow
the applicant to gain some of the rights automatically given to properties with standard lot
shapes and lot dimensions. 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. 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 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 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 in harmony with, and does not adversely affect the following Goals,
Policies, and Programs of the General Plan:
•Goal 8.1 -Promote quality design for new, expanded, and remodeled construction;
and,
o Policy 8.1.1 -Promote architectural design of the highest quality; and,
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Resolution No. 21-3151
Downey Planning Commission
o 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 property is uniquely shaped, with a narrow frontage, angled side property
lines, a curved front property line, and building envelope that measures at least 10-feet less
than the average building envelope found in the neighborhood. Most of the properties within
this neighborhood have a buildable depth of 57 feet, while the subject site currently has a
47-foot building envelope depth. The reduced rear yard setback will allow a 57-foot buildable
depth to be applied for the subject site. 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-
21-00033) 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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SECTION 5.
Resolution No. 21-3151
Downey Planning Commission
PLANNING
VARIANCE (PLN-21-00033)
EXHIBIT A -CONDITIONS
1)The approval of this Variance (PLN-21-00033) allows for the reduction of a rear setback
from 20 feet to 10 feet to allow for a 540 square foot addition to the rear of the dwelling
as shown on the plans date stamped July 12, 2021.
2)This Variance (PLN-21-00033) 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 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.
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
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Resolution No. 21-3151
Downey Planning Commission
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
The following comments pertain to a fire review of a limited design plan submittal. The
comments contained herein shall not be construed as complete or encompassing all fire-life
safety code requirements set forth in local, State, and/or National local codes.
17)Smoke alarms shall be installed in Residential Group R occupancies on the ceiling or
wall or each separate sleeping areas in immediate vicinity of bedrooms; in each room
used for sleeping purposes, and in each story within a dwelling unit [CA Fire Code
§907.2.10.2]
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Resolution No. 21-3151
Downey Planning Commission
18)Carbon monoxide detection and alarms shall be installed in R-occupancies as set forth
in Section 915 of the California Fire Code
19)Project construction shall comply with requirements set forth in the CA Building and
Residential Codes for egress, construction type and height, etc.
20)Automatic residential fire sprinkler systems are not required for projects in which
additions or alterations to existing buildings that are not already provided with an
automatic residential sprinkler system; and per SB 1069, exception for automatic fire
sprinklers systems if all the following conditions exist:
•Unit meets definition of ADU per Government Code
•Existing primary residence is not required to have automatic residential sprinklers
•Accessory detached dwelling unit does not exceed 1,200 sq. ft.
•Unit is on same lot as primary residence
END OF CONDITIONS
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