2 Introduce and Waive the First Reading of Ordinance No.___ of the City Council of the City of Livingston Amending Livingston Municipal Code (LMC) Title 5, Zoning Regulations: Sections 5-2-3, 5-2-4, 5-3-15, Tables 3 and 4, and the Addition of Section 5-5-13 under Specific Use Regulations. (Translation: Smoke Shops and Smoking Lounges)

Meeting Date: JANUARY 06, 2015

Agenda Item #2. Introduce and Waive the First Reading of Ordinance No.___ of the City Council of the City of Livingston Amending Livingston Municipal Code (LMC) Title 5, Zoning Regulations: Sections 5-2-3, 5-2-4, 5-3-15, Tables 3 and 4, and the Addition of Section 5-5-13 under Specific Use Regulations.

Note from TheGardeningSnail: Parts of this page may have been prepared by running a PDF Image Document through a program which converts image to text. My apologies for any Textual Gremlins that may have slipped in. Copy of the Original can be found on the City’s Website.

STAFF REPORT

AGENDA ITEM: Public Hearing – Introduce and Waive the First Reading of Ordinance No. _ of the City Council of the City of Livingston Amending Livingston Municipal Code (LMC) Title 5, Zoning Regulations: Sections 5-2-3, 5-2-4, 5-3-15, Tables 3 and 4, and the addition of Section 5-5-13 under Specific Use Regulations.

MEETING DATE: January 6, 2015

PREPARED BY: Holly R. Owen, Planning Director

REVIEWED BY: Jose Antonio Ramirez, City Manager

RECOMMENDATION:

Introduce and waive the first reading of Ordinance No. _ of the City Council of the City of Livingston amending (LMC) Title 5, Zoning Regulations: Sections 5-2-3, 5-2-4; 5-3-15, Tables 3 And 4, and the addition of section 5-5-13 under Specific Use Regulations.

BACKGROUND AND DISCUSSION:

These Municipal Code Text Amendments, (heretofore referred to as "Text Amendments") are being brought before City Council as a continuation of Planning Commission actions and recommendations provided by Planning Commission Resolution No. 2014-08 to consider changes in the Livingston Municipal Code.

The proposed Zoning Code text amendments would add to certain sections of the City of Livingston Zoning Ordinance a description of smoke shops/smoking lounges and the zoning districts in which such use would be allowed with a Conditional Use Permit.

In late autumn of 2013, after the City received several requests for business licenses to open "smoke shops" in the Livingston downtown business area, Council requested that City Attorney Sanchez draft an Urgency Ordinance to declare a moratorium on the issuing of business licenses for this use until further research could be conducted. Urgency Ordinance No. 608 was adopted on November 22, 2013, and then extended with Urgency Ordinance No. 609 on December 17, 2013.

Urgency Ordinance No. 609 expired on November 21, 2014, and Planning Staff received direction to proceed with research and recommendations to propose permanent additions to the Livingston Municipal Code. The proposed additions, below, are recommendations for the following:

• to include definitions of "smoke shop and/or smoking lounges."

• to identify the required entitlement (in this case, a Conditional use permit) needed to operate this use in the City.

• to identify in which zoning districts this use is allowed.

Changes, updates and corrections to the Zoning Ordinance are part of maintaining a consistent and accurate set of rules and guidelines for the City and its citizens to rely on. This process is always ongoing, and an expected investment in time and research for Staff, the Planning Commission and City Council.

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ORDINANCE NO.

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON AMENDING LIVINGSTON MUNICIPAL CODE TITLE 5, ZONING REGULATIONS: SECTIONS 5-2-3, 5-2-4, 5-3-15, TABLES 3 AND 4, AND THE ADDITION OF SECTION

5-5-13 UNDER SPECIFIC USE REGULATIONS

WHEREAS, the Livingston Municipal Code Section 5-6-2:B.4 allows the City Manager to initiate an amendment to the Zoning Code; and

WHEREAS, the Livingston City Manager has directed staff to initiate a zoning code amendment to amend and add to the above zoning code provisions; and

WHEREAS, City Council has directed Staff to initiate changes and add clarifications and definitions to the Livingston Municipal Code to codify the intent of Urgency Ordinance No. 608 on December 17, 2013, recommending a moratorium on the establishment and operation of smoke shops and/or smoking lounges; and

WHEREAS the public hearing for the Proposal has been properly noticed by placing a newspaper ad and posting at public places, the City of Livingston City Hall Bulletin Board, the City website and local community cable Channel 2; and

WHEREAS, the Proposal is exempt from the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15378(b)(5), and is not considered a project. The proposed amendment to the Livingston Municipal Code is a government administrative activity that will not result in direct or indirect physical changes in the environment. Subsequent projects will be subject to environmental assessment as required by CEQA; and

WHEREAS, on December 17, 2014, the Planning Commission held a properly noticed public hearing at which it received a report from City Staff, as well as oral and written testimony from the public, and deliberated on the attached amendment. At the December 17, 2014 special meeting, the Planning Commission adopted Resolution 2014-08 by a unanimous vote of 5-0, recommending the Council adopt the amendments reflected in the attached Exhibit "A," and

WHEREAS, the Planning Commission determined that the amendments are consistent with the Livingston General Plan; and

WHEREAS, the City Council public hearing was noticed in accordance with the requirements set forth in Government Code sections 65090 and 65091.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LIVINGSTON, CALIFORNIA, DOES ORDAIN as follows:

SECTION 1. Recitals. The foregoing recitals are true and correct and made a part of this Ordinance.

SECTION 2. Findings. The City Council hereby finds as follows:

A. CEQA Compliance. The proposed Amendment is exempt from the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15378(b)(5), as it is not considered a project. The proposed amendment to the Livingston Municipal Code is a government administrative activity that will not result in direct or indirect physical changes in the environment. Subsequent projects will be subject to environmental assessment as required by CEQA.

B. General Plan Consistency. The amendments made to the Livingston Municipal Code pursuant to this Ordinance are consistent with the adopted 1999 General Plan. The amendments will not be causing any changes in conflict with the City’s General Plan.

SECTION 3. Amendments to the Livingston Municipal Code (Attachment " A").

SECTION 4. No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or parties within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise provided by law.

SECTION 5. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of the ordinance are severable. This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof.

SECTION 6. Effective Date. This ordinance shall become effective thirty (30) days after its final passage and adoption.

Introduced: January 6, 2015

Passed and Adopted: January 20, 2015

RODRIGO ESPINOZA, Mayor

of the City of Livingston

ATTEST:

State of California ) County of Merced ) City of Livingston )

I hereby certify that the foregoing Ordinance was duly introduced at a Regular Meeting of the City Council of the City of Livingston on the 6th day of January, 2015, and was passed and adopted at a Regular Meeting of the City Council of the City of Livingston this 20th day of January, 2015, by the following vote:

AYES: NOES: ABSENT:

ANTONIO SILVA, City Clerk of the City of Livingston

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RESOLUTION 2014-08

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LIVINGSTON DETERMINING GENERAL PLAN CONSISTENCY AND RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONING ORDINANCE TEXT AMENDMENT

2014-03 AMENDING LIVINGSTON MUNICIPAL CODE SECTIONS 5-2-3, 5-2-4, 5-3-15, TABLES 3 AND 4, AND THE ADDITION OF SECTION 5-5-13 UNDER SPECIFIC USE REGULATIONS

WHEREAS, the Livingston Municipal Code Section 5-6-2:B.4 allows the City Manager to initiate an amendment to the Zoning Code; and

WHEREAS, the Livingston City Manager has directed staff to initiate a zoning code amendment to amend and add to the above zoning code provisions; and

WHEREAS, City Council has directed Staff to initiate changes and add clarifications and definitions to the Livingston Municipal Code to codify the intent of Urgency Ordinance No. 609 on December 17, 2013, recommending a moratorium on the establishment and.operation of smoke shops and/or smoking lounges; and

WHEREAS the public hearing for the Proposal has been properly noticed by placing a newspaper ad and posting at public places, the City of Livingston City Hall Bulletin Board, the City website and local community cable Channel 2; and

WHEREAS, the Proposal is exempt from the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15378(b)(5), and is not considered a project. The proposed amendment to the Livingston Municipal Code is a government administrative activity that will not result in direct or indirect physical changes in the environment. Subsequent projects will be subject to environmental assessment as required by CEQA.

NOW, THEREFORE, BE IT RESOLVED that the Livingston Planning Commission adopts Resolution 2014-08, and recommends to the City Council approval of Zoning Ordinance Text Amendment 2014-03, amending the Livingston Municipal Code Sections 5-2-3, 5-2-4, 5-3-15, Tables 3 and 4, and the addition of Section 5-5-13 under Specific Use Regulations as changes to the Zoning Ordinance as identified in Exhibit "A".

The foregoing resolution was introduced and moved for adoption on December 17, 2014, by Chair Luis Enrique Flores, and being duly seconded by Vice-Chair Mario Mendoza, was passed by the·following vote:

AYES: Chair Flores, Vice-Chair Mendoza, and Commissioners Castellanos, Jhutti, and Urnberg

NOES:

ABSENT:

None None

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Chair, LUIS ENRIQUE FLORES

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