Staff Report/Resolution: Setback Exceptions, Concerning Small Doorway Covers

{Note from TheGardeningSnail: This page was produced by bouncing an image file through a program that translates Image to text. So, if any “textual gremlins have crept in, sorry about that..}

STAFF REPORT

AGENDA ITEM: Introduce and Waive the First Reading of an Ordinance of the City Council of the City of Livingston Amending Livingston Municipal Code (LMC) 5-3-16-1 (A)(1) Setback Exceptions, Concerning Small Doorway Covers.

MEETING DATE: October 4, 2011

PREPARED BY: Donna M. Kenney, Community Development Director

REVIEWED BY: Jose Antonio Ramirez, City Manager

PLANNING COMMISSION RECOMMENDATION:

Introduce and Waive the First Reading of an Ordinance of the City Council of the City of Livingston Amending Livingston Municipal Code (LMC) 5-3-16-1 (A)(1) Setback Exceptions, Concerning Small Doorway Covers.

BACKGROUND AND DISCUSSION:

Mayor Espinoza desires that Council consider an amendment to Title 5, the Zoning Ordinance of the Livingston Municipal Code (LMC), specifically LMC Section 5-3-16-1 (A)(l) concerning small doorway covers. A citizen complaint to him indicates there are residential doorways that need protection from the rain but the homeowners are unable, due to setback restrictions, to cover said doorways with small covers and thus, keep out the rain.

City Council approved Resolution of Intent 2011-30 on May 3, 2011 (attachment 2) pursuant to LMC 5-6-2 (B)(2) to place the following Title 5 item on a Planning Commission agenda so that the Commission may make recommendation on the amendment in public hearing and can determine its General Plan consistency:

5-3-16-1: SETBACK EXCEPTIONS (Proposed Language in Bold and Underline

A) ENCROACHMENT INTO SETBACKS: Certain architectural features may extend from a building structure into a required setback. Canopies, doorway covers not exceeding twelve (12) square feet,  eaves, bay windows, stairways/landings and chimneys may extend into required front, side, or rear yards a distance not exceeding three feet and shall have a minimum three foot setback to all property lines.

2. Where an accessory building is attached to the main building, it shall be considered a portion of the main building and shall comply in all respects with the requirements of this Title applicable to the main building.

3. Freestanding accessory buildings and structures in Residential Districts, whether or not requiring a building permit (such as a metal shed, garage, greenhouse, gazebo, carport, play structure, tree house, trellis, arbor or patio cover), may not be located in the required front yard of the particular zone unless provided for elsewhere in this Title. A trellis or arbor is permitted in the front yard covering a walkway. The trellis or arbor may not exceed a height of eight feet or width of six feet.

Freestanding accessory buildings and structures, whether or not requiring a building permit, may be located within required side yards, subject to the following standards:

a. A minimum five-foot setback shall be required for garages and carports.

b. A minimum three-foot setback shall be required for that portion of any freestanding accessory building or structure exceeding a height of eight feet.

c. A five-foot setback shall be required for that portion of any freestanding accessory building or structure exceeding a height of ten feet.

d. A maximum fifteen-foot height limit shall apply to any freestanding accessory structure or building located in the area between five feet from the rear property line and the standard full rear yard setback required of the district.

e. No more than thirty percent of a required rear yard may be covered by accessory structures.

f. Separation from the main building, consistent with city-adopted building and safety codes.

4. The conversion of existing, open structures to enclosed structures (such as conversion of a carport to a garage or enclosure of a covered porch) shall be subject to all yard setback requirements of this Title.

5. Ground-mounted heating and air conditioning units may be permitted in required side or rear yards.

6. In all instances, buildings and structures must provide adequate clearance from property lines and/or between buildings and structures to ensure adequate access for emergency personnel and equipment.

ENVIRONMENTAL ANALYSIS:

The proposed amendment t o the Ordinance is exempt from California Environmental Quality Act (CEQA) requirements pursuant to Section 21083.3 of the Public Resources Code as there are no new impacts that were not addressed in the 1999 General Plan EIR and 2025 General Plan Update EIR.

GENERAL PLAN CONSISTENCY:

This Project is consistent with 1999 General Plan and 2025 General Plan Update Land Use Policy according to the following objectives and policies:

• Residential Land Use Objective 3.2 A: Promote stable, high quality residential neighborhoods.
The addition of covers to protect doorways from rain increases the quality of the residences and
thus the quality of the residential neighborhood.

• Community Design Element Objective 7.2 A: Improve the appearance and condition of existing
residential areas. The doorway cover improves the appearance of residences by protecting the
doorway and keeping its materials in good condition.

FISCAL IMPACT:

None.

ATTACHMENTS:

1. Ordinance No.

Exhibit A – Amended LMC 5-3

2. City Council Resolution of Intent 201 1-30

ORDINANCE NO.

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON
AMENDING LIVINGSTON MUNICIPAL CODE SECTION 5-3-16-1(A)(1)
RELATING TO THE ENCROACHMENT INTO SETBACKS BY
SMALL DOORWAY COVERS

WHEREAS, at their regular meeting of May 3, 2011, pursuant to LMC 5-6-2 (B)(2), the City Council directed that Staff propose amendments to LMC 5-3-16-1 (A)(1) relating to the encroachment into setbacks; and

WHEREAS, more specifically, the direction to propose amendments was a result of resident complaints concerning their desire to install small doorway covers; and

WHEREAS, the City Council also directed that Staff work with the Planning Commission on this matter as well as for the Planning Commission to hold a public hearing and determine General Plan consistency; and

WHEREAS, on September 13, 2011, the Planning Commission held a public hearing at which it received a report from City Staff as well as oral and written testimony from the public, and deliberated on this item. At that meeting the majority of the Planning Commission recommended the City Council adopt the Livingston Municipal Code amendments as attached in Exhibit A; and

WHEREAS, the Planning Commission determined the amendments are consistent with 1999 Livingston General Plan and 2025 General Plan Update Land Use Objective 3.2 A: Promote stable, high quality residential neighborhoods; and Community Design Element Objective 7.2 A: Improve the appearance and condition of existing residential areas; and

WHEREAS, the City Council public hearing was noticed in accordance with the requirements set forth in Government Code sections 65090 and 65091.

THE CITY COUNCIL OF LIVINGSTON, CALIFORNIA does ordain as follows:

SECTION 1. Recitals. The foregoing recitals are true and correct and made a part of this Ordinance.

SECTION 2. Findings. The City Council hereby finds as follows:

A. CEQA Compliance. The proposed amendments to the Zoning Ordinance are exempt from California Environmental Quality Act (CEQA) requirements pursuant to Public Resources Code section 21083.3 and section 15183 of the CEQA Guidelines (California Code of Regulations) as there are no new impacts that were not addressed in the 1999 General Plan Environmental Impact Report (EIR) and 2025 General Plan EIR. The proposed activity is within the 1999 General Plan and 2025 General Plan Update and the program EIRs adequately describe the proposed activity for the purposes of CEQA. All applicable mitigation measures in the 1999 General Plan EIR and 2025 General Plan EIR applies to this project.

The proposed amendment is also exempt from CEQA under the common sense exemption, CEQA Guidelines section 15061(b)(3). The common sense exemption applies because the proposed amendment allowing the continuation of existing uses will not have a significant effect on the environment.

B. General Plan Consistency for Amendment to 5-3-16(A)(1) The modification of LMC 5-3-16-1(A)(1) is consistent with adopted 1999 General Plan and 2025 General Plan Update Land Use Objective 3.2 A: Promote stable, high quality residential neighborhoods; and Community Design Element Objective 7.2 A: Improve the appearance and condition of existing residential areas.

SECTION 3. Amendments. The Zoning Ordinance of the City of Livingston, Sections 5-3-16-1(A)(1) is hereby amended as set forth Exhibit A.

SECTION 4. No Mandatory Duty of Care. This ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or parties within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise provided by law.

SECTION 5. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application. To this end, the provisions of the ordinance are severable. This City Council hereby declares that it would have adopted this ordinance irrespective of the invalidity of any particular portion thereof.

SECTION 6. Effective Date. This ordinance shall become effective thirty (30) days after its final passage and adoption.

Introduced: October 4, 2011

Passed and Adopted: October 18, 2011

RODRIGO ESPINOZA, Mayor of the City of Livingston

2

ATTEST:

State of California )
County of Merced)
City of Livingston)

I hereby certify that the foregoing Ordinance was duly introduced at a Regular Meeting of the City Council of the City of Livingston on the 4th day of October, 2011, and was passed and adopted at a Regular Meeting of the City Council of the City of Livingston this 18th day of October 2011, by the following vote:

AYES:

NOES:

ABSENT:
ABSTAIN:

ANTONIO SILVA, City Clerk of the City of Livingston

1721638.1

3

EXHIBIT A

5-3-16-1: SETBACK EXCEPTIONS

A) ENCROACHMENT INTO SETBACKS: Certain architectural features may extend from a building structure into a required setback.

1. Canopies, doorway covers not exceeding twelve (12) square feet, eaves, bay windows, stairways/landings and chimneys may extend into required front, side, or rear yards a distance not exceeding three feet and shall have a minimum three foot setback to all property lines.

2. Where an accessory building is attached to the main building, it shall be considered a portion of the main building and shall comply in all respects with the requirements of this Title applicable to the main building.

3. Freestanding accessory buildings and structures in Residential Districts, whether or not requiring a building permit (such as a metal shed, garage, greenhouse, gazebo, carport, play structure, tree house, trellis, arbor or patio cover), may not be located in the required front yard of the particular zone unless provided for elsewhere in this Title. A trellis or arbor is permitted in the front yard covering a walkway. The trellis or arbor may not exceed a height of eight feet or width of six feet.

Freestanding accessory buildings and structures, whether or not requiring a building permit, may be located within required side yards, subject to the following standards:

a. A minimum five-foot setback shall be required for garages and carports.

b. A minimum three-foot setback shall be required for that portion of any freestanding accessory building or structure exceeding a height of eight feet.

c. A five-foot setback shall be required for that portion of any freestanding accessory building or structure exceeding a height of ten feet.

d. A maximum fifteen-foot height limit shall apply to any freestanding accessory structure or building located in
the area between five feet from the rear property line and the standard full rear yard setback required of the
district.

C. No more than thirty percent of a required rear yard may be covered by accessory structures.

f. Separation from the main building, consistent with city-adopted building and safety codes.

4. The conversion of existing, open structures to enclosed structures (such as conversion of a carport to a garage or enclosure of a covered porch) shall be subject to all yard setback requirements of this Title.

5. Ground-mounted heating and air conditioning units may be permitted in required side or rear yards.

6. In all instances, buildings and structures must provide adequate clearance from property lines and/or between buildings and structures to ensure adequate access for emergency personnel and equipment.

RESOLUTION 201.1-30

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 DEALING WITH SETBACKS, PERMIT
REQUIREMENTS FOR WIRELESS COMMUNICATIONS, AND APPEAL HEARINGS AND
DIRECTING THE PLANNING COMMISSION TO MAKE RECOMMENDATION AND
DETERMINE GENERAL PLAN CONSISTENCY

WHEREAS, the City Council desires that the Planning Commission review and provide a recommendation regarding possible amendments to Title 5, "Zoning Regulations," of the Livingston Municipal Code (LMC) concerning setbacks, permit requirements for wireless communications, and appeal hearing; and

WHEREAS, Title 5, Chapter 3 deals with Building Structure Setback Requirements; LMC Title 5, Chapter 5, Table 12 deals with Permit Requirements for Wireless Communication Facilities; and, LMC Title 5 section S-6-9 (F) and LMC Title 5 section 5-6-10 (D) deal with Appeal Hearings for both conditional use permits and variances (exhibit A); and

WHEREAS, Staff will also take the opportunity to look at other Sections affecting appeals for the Planning Commission to consider; 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 2011-30, stating its intention to amend, repeal, or replace sections of. Title 5 of the City of Livingston Municipal Code dealing with setbacks, permit requirements for wireless communications, and appeal hearings, as provided for in Exhibit A, and directing the Planning Commission to make a recommendation and determine General Pan Consistency.

Passed and adopted this 3"1 day of May, 2011, by the following vote:

AYES: Mayor Espinoza and Council Members Aguilar, Land and Samra

NOES: Council Member Vierra

ABSENT: None

ABSTAIN: None

Rodrigo Espinoza, Mayor.
of tine 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 ofthe City of Livingston this 3’d day of May 2011 .

�ftl,

l ,t ,.t

I I

A; �Aonio’ Silva, City (Merle

of the City of Livingston

Page 2 of 2

{Note from TheGardeningSnail – yep, there’s some of those “textual gremlins” I was talking about}

 

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