Livingston Municipal Code (LMC) 5-3-4 (B) High Density Residential; LMC 5-3-6 (B) Downtown Commercial; LMC 5-3 Table 2 Land Use – Residential Zoning; LMC 5-3 Table 3 Land Use – Commercial Zoning; and LMC 5-7-2 Definitions.

{Note from TheGardeningSnail – This page was created by bouncing the original Image Document through a program which converted image to text. Then this text was copy/pasted into Blogging Software.

So…if there are any Goofs, Gaffs, and other Textual Gremlins that snuck in. Sorry about that. Oh yeah…I did “Bold” a little here and there, just for emphasis you know 🙂

And if you “hover” your little mouse pointer over the images, you will find a little commentary tucked here and there.}

Agenda Item #: 3b.

Meeting Date: July 12, 2011

Report Date: July 8, 2011

CITY OF LIVINGSTON PLANNING COMMISSION
STAFF REPORT

CITY FILE NUMBER: Determine General Plan Consistency and Make Recommendation to City Council Concerning Modification of Livingston Municipal Code (LMC) Sections 5-3, Amendments Necessary to Implement Programs in the 2009-2014 Housing Element.

PROJECT LOCATION: City-wide

PROPOSED ACTION: Approval of Resolution 2011-_, a Resolution determining General Plan consistency and making recommendation to the City Council.

PREPARED BY: Donna M. Kemley, Community Development Director

**

BACKGROUND AND DISCUSSION:

This proposed municipal code amendment would revise the zoning code to accommodate farm labor housing, transitional housing, and emergency shelters as required by the 2009-2014 Housing Element. The California Department of Housing and Community Development required changes to the City’s Zoning Ordinance based on their review of the 2009-2014 Housing Element, which is part of the General Plan. The Planning Commission’s role is to determine General Plan consistency and make a recommendation to the City Council regarding the proposed amendment. Staff recommends approval of the attached resolution finding General Plan consistency and recommending approval to the City Council.

At their regular meeting of August 3, 2010, the Livingston City Council adopted the 2009-2014 Housing Element, which includes a five (5) year housing plan to address the City’s housing goals and needs. The Housing Plan set forth thirty-seven Implementation Programs. Each Program identifies a specific timeline for implementation. Programs 12, 27, and 28 require changes to the City’s Zoning Ordinance, as shown in the chart below:

Notice we are talking about the HOUSING ELEMENT, NOT THE WHOLE GENERAL PLAN!

At their regular meeting of June 21, 2011, the City Council approved Resolution of Intent 2011-42 to bring this item before the Planning Commission to determine General Plan consistency and make a recommendation. Based on staff’s review of Programs 12, 27 and 28 of the Housing Element, the following sections of the Livingston Municipal Code should be revised:

Section 5-3-4 B High Density Residential District (R-3), Section 5-3-6 B Downtown Commercial District (DTC), Table 2 Land Use – Residential Zoning, Table 3 Land Use – Commercial Zoning

Staff considered proposing changes to the definitions listed in LMC 5-7 when the public notice was submitted to the newspaper but further analysis determined that would not be necessary. The proposed revisions below are underlined and bold.

Section 5-3-4 B High Density Residential (R-3)

5-3-4 R-3 HIGH DENSITY RESIDENTIAL DISTRICT

B) INTENT: The High Density Residential District is intended to provide living areas within the City where development provides for high density concentrations of dwelling units in various housing types and styles (Ord. 175, 2-25-74) with provisions for on-site recreational amenities. Farm labor housing that serves six or fewer persons shall be treated as a single-family unit and is permitted b right in all R-E, and R-1, and R-3 districts. Transitional housing is permitted by right in the R-3 district. New development shall conform to Design Guide standards.

Section 5-3-6 B Downtown Commercial (DTC)

5-3-6 DTC DOWNTOWN COMMECIAL DISTRICT

B) INTENT: The Downtown Commercial District is intended to recognize the unique differences of the downtown area from other C-1 District areas. The City Council finds that the downtown area requires special consideration under this Title to encourage the downtown area’s rehabilitation and development. This designation allows for the provision of mixed-use activity in the downtown area. Vertical mixed use projects, where residential uses are located above commercial or office uses, are encouraged. Professional office uses are permitted to allow construction of new office unified centers, as well as the redevelopment of existing areas to office use. Multi-level parking garages can provide for shared use parking needs within the downtown area. Emergency Shelters are permitted by right in the DTC and PF.  New development shall conform to Design Guide standards.

Table 2 Land Use – Residential Zoning

Table Photo 1Table Photo 2Table Photo 3Notice that "Mixed Use" means Residential Units CAN be located above Business Establishments. Doesn't anyone on the City Council READ these things?????There's that "evil" Note 1 some people want to just get rid of. Mike Sperry keeps saying its all about him and re-opening the Tequilla Club. Some folks don't want the Tequilla Club reopening. Others worry about multiple bars opening in the Downtown. Keeping the focus of the discussion on just The Tequilla Club isn't helping find a reasonable compromise.

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. The proposed revisions to the
Municipal Code are exempt from CEQA pursuant to Public Resources Code section 21083.3 because these changes were considered in the environmental analysis of the 2009-2014 Housing Element. The revisions are also exempt from CEQA under CEQA Guidelines section 15305, addressing minor alterations to land use limitations, and 15061 (b)(3) because it can be seen with certainty that the activity will not have a significant effect on the environment.

GENERAL PLAN CONSISTENCY:

These proposed Zoning Ordinance Amendments are consistent with 1999 General Plan and 2025 General Plan Update Land Use Policy 3.1 A 5: "The City will update the Zoning Ordinance as appropriate to implement the General Plan." The California Department of Housing and Community Development required changes to the City’s Zoning Ordinance based on their review of the 2009-2014 Housing Element, which is part of the General Plan.

Land Use Objective 3.1 B states the City should "promote stable, high-quality residential neighborhoods." Stable, high-quality neighborhoods are achieved when a variety of housing is provided to meet the needs of all residents, including farm labor, the temporarily displaced and the homeless.

3.2 (A) 6 Residential Land Use Policy – Promote housing that meets the special needs of large families, elderly persons, agricultural workers, and the disabled. These revisions help achieve this General Plan Policy.

ATTACHMENTS:

1. Resolution 2011-_, Resolution Determining General Plan Consistency and Making Recommendation to the City Council Concerning LMC 5-3

Exhibit A – Amended LMC 5-3

2. LMC 5-3

1671246.1

6

RESOLUTION 2011-

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LIVINGSTON

RECOMMENDING MODIFICATION OF LMC 5-3 TO THE CITY COUNCIL AND
RECOGNIZING CONSISTENCY OF THE AMENDMENT WITH THE
LIVINGSTON GENERAL PLAN

WHEREAS, the City Council desired Planning Commission review of an amendment to amend, repeal, or replace a section of Title 5 of the Livingston Municipal Code (LMC), amendments necessary to implement the 2009-2014 Housing Element; 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, at their regular meeting of June 21, 2011 the City Council approved a Resolution of Intent to initiate said 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, the Planning Commission, having reviewed the proposed amendment at a duly noticed public hearing on July 12, 2011 recommends amending LMC section 5-3 and has determined this amendment is consistent with Livingston General Plan Land Use Policy 3.1 A 5: "The City will update the Zoning Ordinance as appropriate to implement the General Plan" and 3.2 (A) 6 Residential Land Use Policy – "Promote housing that meets the special needs of large families, elderly persons, agricultural workers, and the disabled." Furthermore, the California Department of Housing and Community Development required changes to the City’s Zoning Ordinance based on their review of the 2009-2014 Housing Element, which is part of the General Plan; and

WHEREAS, the proposed amendment to the Ordinance is exempt from California Environmental Quality Act (CEQA) requirements pursuant to Public Resources Code Section 21083.3 and sections 15305 and 15061(b)(3) of the CEQA Guidelines (California Code of Regulations) as there are no new impacts that were not addressed in the 1999 General Plan EIR and 2025 General Plan Update EIR.

NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission adopts Resolution 2011 recommending that the City Council amend LMC 5-3, as provided for in attached Exhibit A, and finds that the amendment to LMC 5-3 is consistent with the 1999 General Plan and 2025 General Plan Update.

1

The foregoing resolution was introduced and moved for adoption on July 12, 2011, by

Commissioner , and being duly seconded by Vice-Chair , was passed by the following vote:

AYES:

NOES:

ABSENT:
ABSTAIN:

ATTEST:

Chair, LUIS ENRIQUE FLORES

Secretary of the Planning Commission,

DONNA M. KENNEY

1671602.1

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