Staff Report/Resolution Approve Resolution of Intent Concerning Agriculture Within City Limits

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STAFF REPORT

AGENDA ITEM: Approve Resolution of Intent Concerning Agriculture Within City Limits,
Livingston Municipal Code (LMC) 5-2-3 (1), Commercial Use

Classifications, Agricultural.

MEETING DATE: April 19, 2011

PREPARED BY: Donna M. Kenney, Community Development Director

REVIEWED BY: Victoria Lewis, Interim City Manager

NECESSARY ACTION:

Approve Resolution of Intent concerning agriculture within city limits, Livingston Municipal Code (LMC) 5-2-3 (1) Commercial use classifications, Agricultural.

BACKGROUND AND DISCUSSION:

There is no agricultural zoning within city limits and farming is prohibited in all zoning districts except Parks/Open Space, which requires a Conditional Use Permit pursuant to Land Use Table 3. After staff was contacted by farmer and sweet potato processor Blaine Yagi about his desire to farm a commercially zoned property at Hammatt Avenue and Campbell Blvd., a letter of determination was sent to him stating the City’s position on farming within city limits. Mr. Yagi appealed staffs decision to the City Council within 10 days of the date of the letter and the item was placed on the April 5t’ regular Council agenda for discussion.

Staff has had several communications with various property owners in recent years; however, the issue of planting row crops on a former nonconforming orchard site has not been resolved by Council. Therefore, staff issued a formal determination that the right to use the property for agricultural uses ceased upon
removal of the peach orchard, based on the City’s nonconforming use provisions.

At their regular meeting of April 5, 2011 the City Council denied the appeal by a 4-1 vote but directed staff to provide a Resolution of Intent to place this item on an upcoming Planning Commission agenda so that the Commission may take public comment, can determine General Plan consistency of any proposed changes and make recommendation to the City Council.

It is expected that staff and the Planning Commission will be analyzing the definition of "Agriculture" located in LMC section 5-2-3 (1), the proper zoning for agriculture, and LMC section 5-6-5 relating to legal nonconforming uses.

ENVIRONMENTAL ANALYSIS:

City Council direction to the Planning Commission to hold a public hear ing is exempt from California Environmental Quality Act (CEQA) requirements because the activity is not a project as defined in Section 15378 (b) 5 of the 2011 CEQA Guidelines.

1

FISCAL IMPACT:
Unknown at this time.

ATTACIEMENT•

1. Resolution of Intent 2011-

RESOLUTION 2011-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON

RESOLUTION OF THE INTENT TO AMEND, REPEAL, OR REPLACE A SECTION OF TITLE 5 OF THE CITY OF LIVINGSTON MUNICIPAL CODE AND DIRECTING THE
PLANNING COMMISSION TO MAKE A RECOMMENDATION AND

DETERMINE GENERAL PLAN CONSISTENCY

WHEREAS, the City Council desires that the Planning Commission review and provide a recommendation regarding a possible amendment to Title 5, "Zoning Regulations," of the Livingston Municipal Code (LMC) concerning farming within City limits; and

WHEREAS, the City Council has directed staff to analyze the definition of "Agriculture" located in LMC section 5-2-3 (1), the proper zoning for agriculture, and LMC section 5-6-5 relating to legal nonconforming uses; and

WHEREAS, LMC section 5-6-2 (B) 2 requires that the City Council approve a Resolution of Intent to initiate an amendment to the zoning ordinance; and

WHEREAS, LMC section 5-6-2 (A) states that City zoning regulations shall be consistent with the General Plan in accordance with State Government Code, Section 65860 and the Planning Commission determines General Plan Consistency pursuant to 5-6-2 (D); and

WHEREAS, City Council direction to the Planning Commission to hold a public hearing is exempt from California Environmental Quality Act (CEQA) requirements because the activity is not a project as defined in Section 15378 (b) 5 of the 2011 CEQA Guidelines.

NOW, THEREFORE, BE IT RESOLVED, that the City Council adopts Resolution 2011 stating its intention to amend, repeal, or replace a section of Title 5 of the City of Livingston Municipal Code and directing the Planning Commission to determine General Pan Consistency and make a recommendation.

Passed and adopted this 19th day of April, 2011, 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 19th day of April 2011.

Antonio Silva, City Clerk

of the City of Livingston

 

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