FEBRUARY 14, 2012 7:00 P.M.

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LIVINGSTON PLANNING COMMISSION

REGULAR MEETING AGENDA

FEBRUARY 14, 2012 7:00 P.M.

CITY COUNCIL CHAMBERS, 1416 C STREET, LIVINGSTON

Members of the public are advised that all pagers, cellular telephones and any other communication devices be put on vibrate mode or turned off during the Planning Commission meeting.

Call to Order: 7:00 PM

Roll Call – Chairperson/Commissioners

Pledge of Allegiance

Item No. 1 – Consent Agenda

All matters listed under the Consent Agenda are considered routine by the Planning Commission and will be adopted by one action of the Commission unless any member of the Commission wishes to remove an item for separate consideration.

a. Action Minutes from the December 13, 2011 regular meeting.

b. Action Minutes from the December 29, 2011 Special Meeting.

c. Action Minutes from the January 10, 2012 regular meeting with Report. (Note from TheGardeningSnail. This is in regards to an appeal of the decision to grant a Conditional Use Permit to 444 Main Street (formerly the Tequila Club)

Item No. 2 – City Council Update

a. Update of City Council items.

Item No. 3 – Public Comment

a. Members of the Audience – At this time, any person may comment on any item that is NOT on the Agenda. PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD. While the Planning Commission encourages participation from the audience, no more than five (5) minutes are allowed per discussion item. Topics not considered urgency matters may be referred to City Staff and/or placed on the next agenda for consideration and/or action by the Planning Commission.

Item No. 4 – Public Hearings

a. Site Plan/Design Review 2009-03, Conditional Use Permit 2009-03 and Development Agreement 2009-01. The Pacific Companies has applied for Site Plan/Design Review, a Conditional Use Permit and a Development Agreement for 49 affordable apartment units and a community center to be located on a 4 acre parcel (APN 047-310-028) just south of Peach Avenue and the canal on the west side of Lincoln Blvd.

b. Amendment 2011-08, Livingston Municipal Code (LMC) 5-3, Setbacks. The City Council asked the Planning Commission, through Resolution of Intent 2011-71 to take public comment, determine General Plan consistency, and make a recommendation to the City Council concerning an amendment to reduce residential rear yard setbacks from a minimum of fifteen (15) feet to a minimum of five (5) feet. The Planning Commission at their regular meeting of December 13, 2011 by 5-0 voted to recommend retaining the existing fifteen (15) foot rear yard setback. The City Council at their regular meeting of January 3, 2012 requested the Planning Commission review the materials again and make recommendation concerning the inclusion of a second story rear setback for the R-1 zoning district in addition to a revised first story setback.

Item No. 5 – Discussion and Direction

a. Provide staff direction concerning nonconforming uses and a Resolution of Intent. (Note from TheGardeningSnail: a property owner has a Highway Commercial (C-3) zoned parcel (APN 047-210-020, 2351 F Street) with nonconforming residential buildings/use that has been vacant for over six (6) months. Per City Code, the next use of the property must be a commercial use but the owner would like to sell it as a residential rental property)

Item No. 6 – Reports

a. Planning Commission

b. City Staff

c. City Attorney

Item No. 7 – Adjournment to regular meeting on March 13, 2012.

In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Community Development Department at (209) 394-8041, Ext. 112. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to assure accessibility to this meeting.

Members of the public who have questions regarding any agenda item may comment on that item before and during consideration of that item when called upon by the Planning Commission Chairperson.

All actions of the Livingston Planning Commission can he appealed to the Livingston City Council by filing an appeal, in writing and paying the appropriate fees, with the City Clerk.