HomeMy WebLinkAboutResolution No. 07-7032 - Uphold Appeal and approve ZV #07-84, 13108 Cornuta Av.RESOLUTION NO. 07-7032
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
UPHOLDING AN APPEAL THEREBY OVERTURNING THE PLANNING
COMMISSION’S DENIAL OF ZONE VARIANCE NO. 07-84, AND APPROVING
A REQUEST TO DEVIATE FROM THE MAXIMUM ALLOWABLE AMOUNT A
DETACHED ACCESSORY STRUCTURE CAN ENCROACH INTO THE
REQUIRED REAR YARD SETBACK, FOR PROPERTY LOCATED AT 13108
CORNUTA AVENUE, WHICH IS ZONED R-1 5,000 (SINGLE-FAMILY
RESIDENTIAL).
THE CITY COUNCIL OF THE CITY OF DOWNEY DOES RESOLVE AS FOLLOWS:
SECTION 1. The City Council of the City of Downey does hereby find, determine and
declare that:
A On September 1, 2004, the Planning Commission adopted Resolution No. 2361,
thereby approving Zone Variance No. 04-48 to allow a detached garage to
exceed the allowable encroachment into the rear yard setback. Pursuant to
Municipal Code Section 9164.28, Zone Variance No. 04-48 has expired; and,
B.On May 17, 2007, the applicant submitted an application for Zone Variance No.
07-84, a request to deviate from the maximum allowable amount a detached
accessory structure can encroach into the required rear yard setback. This Zone
Variance is identical to the previously approved Zone Variance. Staff completed
the initial review of Zone Variance No. 07-84 on June 15, 2007, at which time
staff deemed the application complete; and,
C.The Planning Commission held a duly noticed public hearing on July 18, 2007
and fully considered all oral and written testimony and facts and opinions offered
at the aforesaid public hearing. At the conclusion of the public hearing, the
Planning Commission adopted a motion to deny the requested Zone Variance.
On August 1 , 2007, the Planning Commission adopted Resolution No. 2488,
thereby affirming their denial of Zone Variance No. 07-84; and,
D.The property owner filed a timely appeal of the Planning Commission’s denial on
August 15, 2007. Said appeal requests the City Council overturn the Planning
Commission’s decision, thereby approving Zone Variance No. 07-84; and,
E The City Council held a duly noticed public hearing on September 1 1, 2007,
which was continued to September 25, 2007, and fully considered all oral and
written testimony and facts and opinions offered at the aforesaid public hearings.
At the conclusion of the public hearing, the City Council adopted a motion to
uphold the appeal, thereby approving the requested Zone Variance. On October
9, 2007, the City Council adopted Resolution No. 07-7032, thereby affirming their
action
SECTION 2. The City Council further finds, determines and declares the environmenta
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
RESOLUTION NO. 07-7032
PAGE TWO
from CEQA, pursuant to Guideline Section No. 15303 (Class 3, New construction or conversion
of small structures).
SECTION 3. Having considered all of the oral and written evidence presented to it at
said public hearings, the City Council further finds, determines and declares that:
A.Special conditions and circumstances do exist which are peculiar to the land
involved which are not generally applicable to other lands in the same vicinity
and zone because other variances have been granted for interior lots with similar
characteristics. In addition, a covenant will be required to retain the area north of
the proposed garage as the designated rear yard area and will remain open.
B.Literal interpretation of the provisions of Chapter 1 , Zoning, of Article ix, Land
Use, of the Downey Municipal Code would deprive the applicant of rights
commonly enjoyed by other properties in the same vicinity and zone in which the
subject property is located since other interior lots have been granted similar
variances in the past.
C Special conditions and circumstances do not result from the actions of the
applicant because other variances have been granted for interior lots with similar
characteristics. Further. a covenant will be recorded to maintain the area to the
north of the proposed garage as the rear yard area.
D Granting the variance will not confer on the applicants a special privilege that is
denied by Chapter 1 , Zoning, Article IX, Land Use of the Downey Municipal Code
to other lands, structures or buildings in the same vicinity and zone in which the
subject property is located because other variances have been granted for
interior lots with similar characteristics. Approval of this variance will not
establish a precedent to reduce rear yard areas because the subject property will
still maintain a rear yard area of 22 feet wide by 33 feet deep.
E The granting of the variance will be in harmony with the comprehensive General
Plan of the City of Downey and the elements thereof because the planned use is
residential in nature and the subject property is designated for low density
residential.
SECTION 4. Based upon the findings set forth in Sections 1 through 3 of this
Resolution, the City Council of the City of Downey hereby upholds the appeal, thereby
overturning the Planning Commission's denial of Zone Variance No. 07-84, 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 City Council 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 City Clerk shall certify to the adoption of this Resolution.
RESOLUTION NO. 07-7032
PAGE FIVE
[11)The owner/applicant shall confirm availability of adequate fire flow and pressure in
accordance with the Department of Public Works and Downey Fire Department
requirements.
12)The owner/applicant shall provide and record utility easement(s) for access to, and
inspection and maintenance of, public water lines, meters and appurtenances, and
backflow devices.
13)The owner/applicant shall show the location of the existing sewer lateral and proposed
sewer lateral on the plans. Sewer lateral shall not be located under the proposed
garage. If relocation of the sewer lateral is necessary, the owner/applicant is
responsible for the relocation of the sewer lateral connection to the sewer main and
abandonment of the existing sewer lateral and existing sewer main connection. Existing
sewer main is located in a sewer easement at the rear of 13109 lbbetson Avenue.
Abandonment shall be in accordance with the requirements of the Public Works
Department.
14)The owner/applicant shall obtain all necessary plan approvals and permits, and
permission from adjacent property owner(s) to perform work as required.
15)The owner/applicant shall provide improvement plans in accordance with the
requirements of the Department of Public Works that have been signed by a civil
engineer licensed in the State of California.
(
FIRE DEPARTMENT
16) Residential fire sprinkler systems shall be installed. Said system shall be designed by a
Fire Protection Engineer and installed by a Licensed Contractor. Upgrades to water
supply and meter may be required to support the system design.
17)All plans and permits shall be processed through the Building Department for Fire
Department review.
RESOLUTION NO. 07-7032
PAGE THREE
[APPROVED AND ADOPTED this 9th day of October, 2007
RICK TREJO, Mayor
ATTEST:
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KATHLEEN L. MIDSTOKKE, City Clerk
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of
the City of Downey at a regular meeting held on the 9TH day of October, 2007, by the following
vote, to wit:
AYES: 4 Council Members: Bayer, Gafin, Guerra, Mayor TrejoNOES: 0 Council Member: None
ABSENT: 1 Council Member: Cartozian
ABSTAIN: 0 Council Member: None
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KATHLEEN L. MIDSTOKKE, City Clerk
RESOLUTION NO. 07-7032
PAGE FOUR
EXHIBIT A
CONDITIONS
ZONE VARIANCE NO. 07-84
PLANNING
1 ) The approval of Zone Variance No. 07-84, allows the detached garage to deviate from
the maximum allowable amount a detached accessory structure can encroach into the
required rear yard setback.
2)Approval of this Zone Variance 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 preIIminary
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)Zone Variance No. 07-84 shall become null and void twelve (12) months after the
adoption of this resolution, unless the Zone Variance has been extended pursuant to
applicable law.
5)All conditions of Zone Variance No. 07-84 shall be complied with before the Zone
Variance becomes valid.
PUBLIC WORKS
6) The owner/applicant shall provide that the standards of all 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.
7)The owner/applicant shall provide a title report verifying the width of the water line
easement at the rear of the property. Nonetheless, it appears to be six-feet wide across
the entire width of the property. The location and/or size of the garage shall be modified
such that it does not encroach into the easement.
8)
9)
10)
The owner/applicant shall furnish and install a new (min. 1-inch) dedicated potable water
service line, meter, and meter box for the new residence unit.
The owner/applicant shall not disturb the existing water service for 13109 lbbetson
Avenue, which is located within the water line easement.
The owner/applicant shall furnish and install backflow device(s) in accordance with the
Department of Public Works and the State and County Department of Health Services