1 Resolution Approving Site Plan and Design Review 2016-01 to Construct a Single Family Home at 1441 Swan Street, Livingston, CA.

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Meeting Date: November 15, 2016

 

STAFF REPORT

AGENDA ITEM: Resolution Approving Site Plan and Design Review 2016-01 to Construct a Single Family Home at 1441 Swan Street, Livingston, CA

MEETING DATE: November 15, 2016

PREPARED BY: Randy Hatch Contract City Planner

REVIEWED BY: Odi Ortiz, Interim City Manager

RECOMMENDATION:

Adopt a Resolution approving Site Plan and Design Review 2016-01 to construct a single family home at 1441 Swan Street, Livingston. CA.

BACKGROUND AND DISCUSSION:

The applicant and owner, Juan Mendoza Jr., has requested a Conditional Use Permit and Site Plan and Design Review approval to construct a single family home on an R-2 zoned lot. The home will be single story, 1730 square feet in size with 3 bedrooms (with den /optional 4th bedroom), and 2 bathrooms. It will have an attached 3-car garage and a patio in the rear, adjacent to a bay projection.

Two possible elevations are presented. Both show a tower like feature in the center defining the front door (recessed about 10 feet) and window to the den or optional bedroom (recessed about 8 feet from the porch edge), with bedroom 3 to the left (west) and the garage to the right (east). The garage extends 10 feet closer to the street from the front porch. The garage shows a 2-car portion, with a 2-foot recess, and then a single car portion making up the far right (east) of the frontage. These differing planes with varied dimensions provide interest to the elevation and enhance its appearance.

The home’s exterior is a stucco finish. Two color choices are being considered by the applicant; Adobe (tan color) or Southern Moss (muted green color). The roof will be asphalt shingles with two color choices; Charcoal (medium gray color) or Pewter Bronze (muted gray and gold blended color). Staff assumes the Adobe -Charcoal combination or Southern Moss -Pewter Bronze combination will be used.

ANALYSIS:

The property is zoned R-2 and, as such, the Municipal Code requires all new construction to undergo Site Plan and Design Review before the Planning Commission for recommendation and then the City Council for approval. Further, the City’s Land Use and Zoning Matrix requires a single family home in the R-2 Zone to obtain a Conditional Use Permit.

A Site Plan and Design Review is to allow the City to evaluate the new development to assure compatibility, harmony in appearance with the neighborhood, reduction of any negative impacts, and orderly development of the area. Conditional Use Permits are normally required for certain land uses which may have an impact on the area in which they are located and I or could create problems for bordering properties.

The only reason that staff believes that a single family home could impact surrounding R-2 properties is that the development of such a home consumes limited medium density zoned land that is needed to provide for multi-family housing units. Immediately to the west of this property are two single family homes in the same R-2 zoning designation. Further, across Swan Street to the south in the C-2 zoned area, both single family and multi-family homes are present. Therefore, the City has determined in the past that lots available in this area for duplex I triplex development can be used for single family homes.

This vacant lot was not identified in the vacant sites inventory in the recently adopted updated Housing Element and, therefore, was not identified as a potential multiple family housing site.

Concerning the Site Plan and Design Review, the design, height, materials, and development intensity is consistent with the surrounding neighborhood. The proposal meets the Zoning standards with respect to setbacks, height, and lot coverage. As noted above, the size, construction style and type, elevations, and colors are all consistent with the existing buildings in the neighborhood.

Staff referred this proposal to various departments and agencies for comment and possible conditions for approval. Merced County Fire Department reviewed the proposal and noted the project must include residential sprinklers. The Merced Irrigation District (MID) responded, noting that their Watson Lateral runs within an easement on the northern 30 feet of the property. Further, MID requests a condition that a solid block wall be constructed to separate the home from the canal.

PLANNING COMMISSION ACTIONS AND RECOMMENDATION:

The Planning Commission held a Public Hearing on this request for a Conditional Use Permit and Site Plan and Design Review on September 13, 2016. The applicant appeared at the Hearing and presented his request and answered questions from the Commission. There was minimal presence from the public and no comments pro or con were offered. The Commission felt that the proposed new home would be an asset and beneficial to the community. The Commission felt that constructing a new single family home on an

R-2 zoned lot was not inconsistent with the newly adopted updated Housing Element as this site was a single infill lot not even identified in the Housing Element. The Commission determined that the site layout and building as proposed, and as conditioned, complies with all the requirements and standards applicable to this proposal.

The applicant requested the condition suggested by MID with regards to a solid block wall not be imposed as this wall would not match any other walls or fences along this portion of the MID canal. The other fencing along this portion of the canal is either wood or chain link. After discussion and due consideration, the Planning Commission agreed with the applicant and removed the suggested condition requiring a block wall and reworded the condition to have a solid fence per the height requirements of MID. The Planning Commission then approved Conditional Use Permit 2016-02, as modified, and recommended approval by the City Council of Site Plan and Design Review 2016-01 based on the Findings and Conditions of Approval contained in the attached resolution.

Subsequent to the Planning Commission action on the Use Permit eliminating the block wall, staff contacted MID to determine if MID still seeks to have a block wall adjacent to the canal. Staff discussed this situation with MID engineer, Ronald Price, and he understood the applicant’s concern and the Commission’s action. He said as long as the fence separating the backyard from the canal was solid wood with no gates or openings at least 6 feet high, he had no objections. In the recommended Conditions of Approval, staff has modified the Commission’s Condition No. 5 to include MID’s language regarding solid wood with no gates or openings at least 6 feet high.

FISCAL IMPACT:

None.

RECOMMENDATION:

Staff concurs with the Planning Commission and recommends approval by the City Council of Site Plan and Design Review 2016-01 based on the Findings and Conditions of Approval contained in the attached resolution.

ATTACHMENTS:

1. Council Resolution 2016-

2. Planning Commission Resolution 2016-05, Recommending Approval of SPDR 2016-01

3. Project Location and Zoning Map

4. Site Plan, Floor Plan, and Elevations

RESOLUTION 2016-

RESOLUTION OF THE LIVINGSTON CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING SITE PLAN AND DESIGN REVIEW 2016-01 FOR

A SINGLE FAMILY HOME AT 1461 SWAN STREET

WHEREAS, pursuant to Livingston Municipal Code ("LMC") section 5-6-7, Juan Mendoza, owner and applicant, has applied for a Site Plan and Design Review approval to develop a single family home at 1441 Swan Street, in the City of Livingston; and

WHEREAS, the site is zoned R-2 (Medium Density Residential), and has a General Plan designation of Medium Density Residential according to the official zoning map of the City of Livingston and the 1999 Livingston General Plan; and

WHEREAS, the Livingston Planning Commission has approved a Use Permit to allow the construction of a single family home on a R-2 zoned lot in compliance with the City’s Land Use and Zoning Matrix; and

WHEREAS, LMC Section 5-6-7 requires the approval of a Site Plan and Design Review for new structures within the R-2 district to assure compatibility, harmony in appearance in neighborhoods, reduction of negative impacts of nonaesthetic development, and orderly development of the community; and

WHEREAS, a public hearing for the proposed project has been properly noticed by posting, a newspaper ad and a mailing to adjacent properties within 300 feet of the site; and

WHEREAS, Staff has reviewed the project with reference to the 1999 General Plan, the Zoning Ordinance (specifically Sections 5-6-7 "C" thru "E") and the adopted Livingston Design Guidelines; and finds that, based on the evidence documented within the associated staff report and proceedings of the public hearing, the proposed use, its site plan and design, is consistent with the General Plan, complies with the Zoning Ordinance in that the site plan and design meets the zoning standards and requirements (including those specifically referenced above) and meets the intent and guidance of the Livingston Design Guidelines; and

WHEREAS, on September 13, 2016, the Livingston Planning Commission held a properly noticed public hearing on the request and adopted Resolution 2016-05, recommending to the City Council approval of the Site Plan and Design Review of the subject development with recommended Conditions of Approval.

NOW, THEREFORE, BE IT RESOLVED that the Livingston City Council hereby adopts Resolution 2016-_, approving the Site Plan and Design of the subject new development.

BE IT FURTHER RESOLVED that the Conditions of Approval within City Council Resolution 2016-_, Exhibit A are hereby approved.

Passed and adopted this 15th day of November, 2016, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Rodrigo Espinoza, Mayor of the City of Livingston

ATTEST:

I hereby certify that the foregoing resolution was regularly introduced, passed and adopted at a regular meeting of the City Council of the City of Livingston this 15th day of November, 2016.

Antonio Silva, City Clerk of the City of Livingston

 

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