Meeting Date: JANUARY 20, 2015
Agenda Item #4. Waive the Second Reading and Adopt Ordinance No. 622, 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. (Smoke Shops and Smoking Lounges)
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. I may also have broken up some of the longer paragraphs for ease of reading.
AGENDA ITEM: Waive the Second Reading and adopt Ordinance No. 622 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 20, 2015
PREPARED BY: Holly R. Owen, Planning Director
REVIEWED BY: Jose Antonio Ramirez, City Manager
Waive the second reading and adopt Ordinance No. 622 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, were Planning Commission recommendations for Council consideration:
• to include definitions of "smoke shops 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.
On January 6, 2015, the Livingston City Council met and had the first reading of this proposed ordinance. After public testimony and consideration, Council approved the ordinance by a vote of 3-2 to allow smoke shops and smoking lounges with a Conditional Use Permit (CUP) in the Downtown Commercial (DTC) District as well as the Limited Industrial (M-1) District.
In addition, a definition of smoking lounges was added to the proposed ordinance, one that was discussed by Planning Commission on their special meeting of December 17, 2014, as described in Section 5-2-3 and 5-2-4, below.
Finally in Section 5-5-13:C(6), the language proposed by the Planning Commission to include a prohibition of the entrance of minors into any smoke shop or smoking lounge was accepted by Council.
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.
Amendments to Existing Municipal Code Sections:
Proposed deletions are identified in strikeout text and new text is identified with an underline Italics. Language discussed at the December 17, 2014 Planning Commission special meeting that includes a definition of ‘Smoking Lounge" is in bold underline italics, below.