Staff Report/Resolution of Intent to Amend Livingston Municipal Code ,Vehicle Sales, Vehicle Sales Overlay District (VEI3), Table 3 – Land Use – Commercial Zoning, Vehicle Sales, Footnote D and LMC 5-6-2 Amendments and Rezoning (and the renumbering of subsequent lines).

Sorry about the textual gremlins….

STAFF REPORT

AGENDA ITEM: Resolution of Intent to Amend Livingston Municipal Code (LMC) 5-2-3-29
Vehicle Sales, LMC 5-3-14 Vehicle Sales Overlay District (VEI3), Table 3 -Land Use – Commercial Zoning, Vehicle Sales, Footnote D and LMC 5-6-2 Amendments and Rezoning (and the renumbering of subsequent lines).

MEETING DATE: May 17, 2011

PREPARED BY: Donna M. Kenney, Community Development Director

REVIEWED BY: Victoria Lewis, Interim City Manager

NECESSARY ACTION:

Resolution of Intent to Amend Livingston Municipal Code (LMC) 5-2-3-29 Vehicle Sales, 5-3-14 Vehicle Sales Overlay District (VEH), Table 3- Land Use – Commercial Zoning, Vehicle Sales, Footnote D, and 5-6-2 Amendments and Rezoning (and the renumbering of subsequent lines).

BACKGROUND AND DISCUSSION:

The City Council desires to consider amendments to Title 5 Chapters 2 & 3 of the Zoning Ordinance of the Municipal Code to add Vehicle Sales as a Permitted or Conditional Use in the Downtown Commercial zoning district (DTC) where it is currently prohibited.

In addition, this Resolution of Intent is an opportunity to clarify LMC 5-6-2 B (1), which authorizes the Planning Commission to initiate amendments to the Zoning Code by adopting a Planning Commission Resolution of Intent. The amendment of this Section would make clear that the Planning Commission’s recommendation to initiate an amendment to the Zoning Code still requires City Council approval. This is the current interpretation; however, this is an opportunity to clarify the process. Staff will also take this opportunity to provide options related to the initiation process for the Council in order to streamline the process (5-6-2B (2)).

ITEM 1– EXISTING LMC 5-2-3-29 Vehicle Sales

29. Vehicle Sales: The sales, storage and repair of automobiles, trucks, motorcycles, all-terrain vehicles, boats, recreational vehicles and similar motor vehicles. This use is intended to occur in an auto mall setting, which may include a series of individual dealerships. Use includes outside storage of vehicles, vehicle washing, and any interior vehicle repair operations. Auto body repairing and similar operations are not included in this use category.

ITEM 2 – EXISTING LMC 5-3-14 Vehicle Sales Overlay District (VE11T

A) APPLICABLE PROVISIONS: The provisions of Chapter 1. of this Title are made applicable to all

VEH Overlay Districts, subject to the provisions of this Section.

B) PURPOSE AND INTENT: The purpose of this Vehicle Sales Overlay District is to allow for a future Auto Mall in that portion of the City, once annexed, known as the Sultana area. The VEH Overlay District would restrict the use of all auto, truck, RV and boat sales to the areas designated

I

Service Commercial, Highway Commercial or Limited Industrial along the SR 99 corridor, west of Sultana Drive and cast of Dwight Way. Uses will be regulated to provide for vehicle sales lots with limited provisions for service.

C) PERMITTED USES: Establishment of a VEH Overlay District shall be for the sole purpose of designating a future Auto Mall. Any Vehicle Sales activity will require a Use Permit and is subject to a Site Plan/Design Review under the provisions of this Title.

D) DEVELOPMENT STANDARDS: Development within the VEH Overlay District shall comply with all applicable requirements of the primary zoning district.

LMC Table 1

LMC Table 2

LMC Table 3

*Footnotes for Table 3 Commercial Uses:

A. The adopted Housing Element allows facilities serving seven or more persons in single-family R-1 zones, subject to a conditional use permit.

B. Mixed-use development is permitted in DTC and C-1 zones, subject to securing a conditional use permit, and shall encourage projects that contain affordable housing units. Development standards in these districts shall allow for a maximum density of 29 du/ac for residential units above ground-floor commercial.

C. Residential uses limited to a manager or the owner of the establishment shall be permitted on the premises. Such uses shall require a use permit and the yard requirements, density and other matters relative to yard and area shall be subject to Planning Commission’s approval and shall not be less than those normally required for residential uses.

D. Vehicle Sales shall refer to an established Vehicle Sales (VEH) Overlay District as per Chapter 3, Section 5-3-14 of this Title.

1. All retail establishments serving alcoholic beverages for consumption on premises within the Downtown Commercial District (DTC) shall be located no closer than two City blocks between similar establishments. Two City blocks for purposes of this Title shall consist of 1,000 feet measured in all directions from an existing retail establishment serving alcoholic beverages for consumption on premises.

2. A conditional use permit shall be required for care facilities serving 7-14 persons in residential districts. Facilities serving 15 or more persons shall not be permitted at all in single-family residential districts.

3. May be permitted with a use permit as part of mixed-use operations.

Note: Site Plan/Design Review is required for all uses involving new construction, significant exterior alterations to existing structures, or significant site plan alterations in the R-2, R-3, C-l, DTC, C-2, C-3, M-1 and M-2 zones.

ITEM 4 – EXISTING LMC 5-6-2 Amendments and Rezoning

B) APPLICATION FORAMENDMENT OR REZONING INITIATION: An amendment or rezoning may be initiated by:

I. Resolution of intention of the Planning Commission2;

2. Resolution of intention of the City Council;

3. A verified petition of one or more record owners of the property subject to the proposed amendment, to be filed with the Planning Commission.

3

a. An application form, accompanied by the appropriate fees, must be filed with the City. [Footnote] 2: See Title 2, Chapter 1 of this Code.

ENVIRONMENTAL ANALYSIS:

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. However, adding new uses to existing zoning districts and/or other Council actions may result in a required CEQA analysis.

FISCAL IMPACT:

Possible CEQA analysis costs and city staff, Contract Engineer and City Attorney hours. ATTACHMENTS:

1. Resolution 2011-_, a Resolution of Intent

Exhibit A – Proposed Ordinance Amendments

2. LMC Title 5 Chapter 2

3. LMC Title 5 Chapter 3

4. LMC Title 5 Chapter 6

5. LMC Title 2 Chapter 1

4

RESOLUTION 2011-__

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON

RESOLUTION OF THE INTENT TO AMEND, REPEAL, OR REPLACE SECTIONS OF TITLE 5
OF THE CITY OF LIVINGSTON MUNICIPAL CODE AND DIRECTING THE PLANNING
COMMISSION TO MAKE RECOMMENDATION AND
DETERMINE GENERAL PLAN CONSISTENCY

WHEREAS, the City Council requests Planning Commission review of amendments to amend, repeal, or replace sections of Livingston Municipal Code (LMC) Title 5, Chapter 3 Livingston Municipal Code (LMC) 5-2-3-29 Vehicle Sales, LMC 5-3-14 Vehicle Sales Overlay District (VEH), Table 3 – Land Use -Commercial Zoning, Vehicle Sales, Footnote D, and LMC 5-6-2 Amendments and Rezoning (Exhibit A);
and

WHEREAS, Livingston Municipal Code 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, Livingston Municipal Code 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 sections of Title 5 of the City of Livingston Municipal Code as provided for in Exhibit A and directing the Planning Commission to make recommendation and determine General Pan Consistency.

Passed and adopted this 17th day of May, 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 176′ day of May 201 1.

Antonio Silva, City Clerk

of the City of Livingston

EXHIBIT A

(strike-out and bold, underlined changes)

ITEM 1- PROPOSED LMC 5-2-3-29 Vehicle Sales

29. Vehicle Sales: The sales, storage and repair of automobiles, trucks, motorcycles, all-terrain vehicles, boats, recreational vehicles and similar motor vehicles. This use is intended to may occur in an auto mall setting, which may include a series of individual dealerships. Use includes outside storage of vehicles, vehicle washing, and any interior vehicle repair operations. Auto body repairing and similar operations are not included in this use category.

ITEM 2 – PROPOSED LMC 5-3-14 Vehicle Sales Overlay District (VEH)

A) APPLICABLE PROVISIONS: The provisions of Chapter 1 of this Title are made applicable to all VEH Overlay Districts, subject to the provisions of this Section.

B) PURPOSE AND INTENT: The purpose of this Vehicle Sales Overlay District is to allow for but not require a future Auto Mall in that portion of the City, once annexed, known as
the Sultana area. The VEH Overlay District would restrict the use of all auto, truck, RV
and boat sales to the areas designated Service Commercial, Highway Commercial or
Limited Industrial along the SR 99 corridor, west of Sultana Drive and east of Dwight
Way. Uses will be regulated to provide for vehicle sales lots with limited provisions for
service.

C) PERMITTED USES: Establishment of a VEH Overlay District shall be for the sole purpose of designating a future Auto Mall. Any Vehicle Sales activity will require a Use Permit and is subject to a Site Plan/Design Review under the provisions of this Title.

D) DEVELOPMENT STANDARDS: Development within the VEH Overlay District shall comply with all applicable requirements of the primary zoning district.

Proposed Table 1

Proposed Table 2

Proposed Table 3

*Footnotes for Table 3 Commercial Uses:

A. The adopted Housing Element allows facilities serving seven or more persons in single-family R- I zones, subject to a conditional use permit.

B. Mixed-use development is permitted in DTC and C- 1 zones, subject to securing a conditional use permit, and shall encourage projects that contain affordable housing units. Development standards in these districts shall allow for a maximum density of 29 du/ac for residential units above ground-floor commercial.

C. Residential uses limited to a manager or the owner of the establishment shall be permitted on the premises. Such uses shall require a use permit and the yard requirements, density and other matters relative to yard and area shall be subject to

2

Planning Commission’s approval and shall not be less than those normally required for residential uses.

D. Vehicle Sales shall may refer to an established Vehicle Sales (VEH) Overlay District
as per Chapter 3, Section 5-3-14 of this Title.

1. All retail establishments serving alcoholic beverages for consumption on premises
within the Downtown Commercial District (DTC) shall be located no closer than two
City blocks between similar establishments. Two City blocks for purposes of this Title
shall consist of 1,000 feet measured in all directions from an existing retail establishment serving alcoholic beverages for consumption on premises.

2. A conditional use permit shall be required for care facilities serving 7-14 persons in residential districts. Facilities serving 15 or more persons shall not be permitted at all in single-family residential districts.

3. May be permitted with a use permit as part of mixed-use operations.

Note: Site Plan/Design Review is required for all uses involving new construction, significant exterior alterations to existing structures, or significant site plan alterations in the R-2, R-3, C-1, DTC, C-2, C-3, M-1 and M-2 zones.

ITEM 4 – PROPOSED LMC 5-6-2 Amendments and Rezoning

B) APPLICATION FORAMENDMENT OR REZONING INITIATION: An amendment or rezoning may be initiated by:

1. Resolution of intention of the Planning Commission. The resolution of intention by the Planning Commission will require approval by the City Council prior to initiation of the requested amendment or rezone;

2. Resolution of intention of the City Council;

3. A verified petition of one or more record owners of the property subject to the proposed amendment, to be filed with the Planning Commission.

a. An application form, accompanied by the appropriate fees, must be filed with the City.

[Footnote] 2: See Title 2, Chapter 1 of this Code.

***Staff will also be looking into a possible amendment to section 5-6-2(B)(1) and (2) which will help streamline the process of amendments and rezoning.

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