4 Resolution Approving Site Plan and Design Review 2017-01 for a Sales Office for the Auto Sales Business at 2235 “F” Street, Livingston, CA; APN#: 023-080-002.

Note from TheGardeningSnail: This page was prepared by running a PDF Image File through a program which converts Image to Print. My apologies for any textual Gremlins that may have crept in. I may also have broken up some of the larger paragraphs and highlighted a few sections.

Meeting Date: June 06, 2017


AGENDA ITEM: Resolution Approving Site Plan and Design Review 2017-01 for a Sales Office for the Auto Sales Business at 2235 “F” Street, Livingston, CA; APN#: 023-080-002.

MEETING DATE: June 6, 2017

PREPARED BY: Randy Hatch, Contract City

REVIEWED BY: Planner Ruben Chavez, Acting City Manager


Adopt a Resolution approving Site Plan and Design Review 2017-01, for the site plan, floor plan, and elevations for a new sales office at Lupita’s Auto Sales, 2235 “F” Street, Livingston, CA; APN#: 023-080- 002.


The owner and applicant, Luis Naranjo, is requesting a Site Plan and Design Review approval to remove an existing 400 sq. ft. office building and replace it with a 700 sq. ft. building to be used as a sales office for the auto sales business. As part of this project, three parking spaces (one handicapped) will be provided. The property is currently in use for auto sales, is 0.28 acres in size, and is located at 2235 “F” Street, at the northeast corner of Hammatt Avenue and “F” Street.

To the north of the site is a part of the adjacent truck wash facility and then State Highway 99; to the east is the truck wash facility; to the south, across “F” Street, is unincorporated County land in agriculture; and to the west, across Hammatt Avenue, is vacant land and an apartment building zoned R-3, High Density Residential. The whole area bounded by Hammatt Avenue and “F” Street is General Planned Highway Commercial and zoned C-3, Highway Service Commercial. The C-3 zone allows a wide variety of commercial uses serving the needs of City residents and those traveling along Highway 99, such as retail auto sales.

While such businesses are allowed, City Code requires new development (including the removal of an existing commercial building and replacing it with a larger building) to be reviewed in terms of its Site Plan and Design characteristics. The purpose of a Site Plan and Design Review is to assure compatibility, harmony in appearance, and reduction of negative impacts of non-aesthetic development and orderly development of the community.

The Planning Commission is the recommending body for a Site Plan and Design Review with the City Council being the approving body. Therefore, this proposal must go before both bodies.

The new auto sales office will be 700 sq. ft. in size. The rectangular shaped building is oriented parallel to Hammatt Avenue with the three parking spaces next to the building on the south. The building is placed on the east property line adjacent to the truck wash building. The floor plan identifies a reception area, three offices, a break area and a rest room. The majority of the site is used to display and store autos for sale.

The new building is single story, 15 ft. high at the highest part of the parapet with the balance of the building 13 ft. high. The front elevation of the building is primarily stucco in dark brown around the entrance and the front windows and in beige for the remainder of the front. Stacked stone columns accent the corners facing Hammatt Avenue and around the front entrance feature with a dark brown trim capping the stacked stone columns and the entrance feature. The beige stucco finish continues on both the left and right sides of the building with windows enhanced by a dimensional trim on the top and bottom of the window. The roof is flat shielded from view by the parapet and walls trimmed in dark brown. Wall signage is located on the entrance. No other signage is shown.


The construction of a new sales office is a project subject to review under the California Environmental Quality Act (CEQA). The construction of the sales office is exempt from CEQA under CEQA Guidelines Section 15303, class 3. This exemption applies to the construction of small facilities. The subject project is a small building (700 sq. ft. in size) consistent with zoning standards and requirements and, therefore, qualifies for this exemption. No further environmental review is necessary.


The property is properly General Planned and Zoned for such a use. The proposal meets the Zoning standards with respect to setbacks, height, parking, and lot coverage. The parking required for professional offices is 1 space for every 300 sq. ft. of building area, resulting in a requirement of 3 spaces. Three (3) parking spaces are provided, including 1 handicapped space.

Staff is of the opinion the proposed building’s design, materials and colors are of high quality and attractive. The new building has a variety of textures and visual interest provided by the two complementary colors, stacked stone, trim, and parapet. Signage is conceptually identified but will require final staff approval. Exterior lighting is not addressed leading staff to recommend a condition of approval to require lighting to be shielded and focused on the building and parking areas. The City has a Design Guide applicable to all new development. Staff has compared the proposed new building’s design and colors with the Design Guide. The overall design of the new building appears to be consistent with the Design Guide in terms of being compatible in scale with the surrounding area and providing visual interest.


The Planning Commission held a Public Hearing on this request for a Site Plan and Design Review on May 9, 2017. The applicant appeared at the Hearing, 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 following two additional conditions were needed to insure proper operation of the auto sales business: that no vehicles for sale are parked on the adjacent streets and that no vehicle maintenance be done on-site. After the addition of these two conditions, the Commission recommended approval of the Site Plan and Design Review, as modified, to the City Council.


A minimal positive impact to property taxes.


Staff is of the opinion that the proposed new sales office building would be consistent with the existing area and that the new building, as proposed, complies with all the requirements and standards applicable in City Codes and Standards. Staff recommends approval by the City Council of Site Plan and Design Review 2017-01, based on the Findings and Conditions of Approval contained in the attached resolution.


1. Council Resolution 2017-

Exhibit A, Conditions of Approval

2. Project Location and Zoning Map

3. Project Plans (Site Plan, Floor Plan, and Elevations)

4. Planning Commission Resolution 2017-05




WHEREAS, pursuant to Livingston Municipal Code (“LMC”) section 5-6-7, Luis Naranjo, applicant and owner, has applied for a Site Plan and Design Review approval to construct a new office at 2235 “F” Street, in the City of Livingston; and

WHEREAS, the site is zoned C-3 (Highway Service Commercial), and has a General Plan designation of Highway Commercial according to the official zoning map of the City of Livingston and the 1999 Livingston General Plan; and

WHEREAS, LMC Section 5-6-7 requires the approval of a Site Plan and Design Review for new structures within the C-3 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, the proposed project is categorically exempt from the California Environmental Quality Act (“CEQA”) under Section 15303, Class 3 New Construction of Small Structures and a Notice of Exemption will be filed with the Merced County Clerk within five (5) days of project approval; 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 standard and requirements (including those specifically referenced above), and meets the intent and guidance of the Livingston Design Guidelines.

NOW, THEREFORE, BE IT RESOLVED that the Livingston City Council hereby adopts Resolution 2017-_, approving the Site Plan and Design of the subject new development.

BE IT FURTHER RESOLVED, that the Conditions of Approval within City Council Resolution 2017-_, Exhibit A, are hereby approved.

Passed and adopted this 6th day of June, 2017, by the following vote:






Jim Soria, Mayor

of the City of Livingston


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 6th day June, 2017.



Antonio Silva, City Clerk of the City of Livingston

Exhibit A Conditions of Approval

1. The Developer shall comply with all federal, state and local laws, policies, standards and requirements applicable to this use and obtain a building permit and all other permits applicable to this use and shall pay all fees and exactions applicable to such a use; and

2. The Developer shall submit improvement plans showing all water, sewer, storm drain, and utility locations and their connection to the City system; and

3. The Developer shall comply with all requirements of the Merced County Fire Department; and

4. The Developer shall obtain any needed encroachment permits for the project paying the permit fees, plan check and inspection fees, and furnish improvement securities pursuant to the City’s improvement standards, municipal code, and ordinances; and

5. The Developer shall pay all applicable development impact fees for Municipal Facilities, Police, Fire Protection, Streets and Bridges, Water, Domestic Wastewater, Storm Drainage, and Parks; and

6. The Developer shall submit any improvement plans to conform to the latest edition of the City of Livingston Improvement Standards and all applicable state, federal, and local laws and regulations; and

7. Unless exempt, the Developer shall prepare a Storm Water Pollution Prevention Plan (SWPPP) pursuant to the California Water Control Board Order No. 2009-0009-DWQ, NPDES No. CA 000002 or Erosion and Sediment Control Plan (ESCP) pursuant to the City of Livingston’s MS4 Phase II Permit for construction activities. Prepare an Erosion Control Plan for storm water and construction BMPs; and

8. Unless exempt, the developer shall prepare a Dust Control Plan (DCP) and file the Plan with the San Joaquin Valley Air Pollution Control District for construction activities; and

9. The parcel shall be annexed to the City’s Community Facilities District for all required and applicable assessments; and

10. The Developer shall provide any needed public utility easements and provide all utility services as required by the City Engineer including meters, backflow preventers, post indicator valves, floor drains and provide grease interceptors for non-sanitary or floor drain discharges; and

11. The Developer shall provide low impact development (LID) measures for storm management pursuant to the City of Livingston’s Post-Construction Standards Plan; and

12. The Developer shall repair any damage to City facilities such as curb, gutter, sidewalk, streets and alleys caused by construction; and

13. The Developer shall indemnify, defend and hold harmless the City and its officials, officers, employees, agents, and consultants from any and all legal or administrative actions or other proceedings challenging this approval or any subsequent approval associated with this project; and

14. The development of the site shall be consistent with approved plans, elevations, and colors. Minor variations from approved plans, elevations, and colors may be allowed at the review and approval of City staff; and

15. The developer and/or operator shall submit all exterior signs and/ or logos for City staff review and approval consistent with the City’s signage regulations for both wall signs and pole signs; and

16. If any landscaping is provided, the developer shall submit landscape plans for City staff review and approval specifying plant selection, size and irrigation prior to installation; and

17. Any exterior lighting shall be submitted for City staff review and approval. Such lighting shall be directed to areas on the subject property itself and shall avoid shinning toward adjacent properties; and

18. The Developer and/or operator shall keep the site free from trash and debris and shall maintain the premises in a clean and orderly manner; and

19. All trucks and autos for sale shall be parked on the lot. No vehicles shall be parked on the street; and

20. No vehicle maintenance shall be done onsite.