Livingston Municipal Code (LMC) 5-6-2 (B) Amendments and Rezoning.

{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 🙂 }

Agenda Item #: 3a.

Meeting Date: July 12, 2011

Report Date: July 8, 2011

CITY OF LIVINGSTON PLANNING COMMISSION
STAFF REPORT

CITY FILE NUMBER: Livingston Municipal Code (LMC) 5-6-2 (B) Concerning
Amendments and Rezonings.

PROJECT LOCATION: City-wide

PROPOSED ACTION: Approve Resolution to Amend, Repeal, or Replace Sections to Clarify
Livingston Municipal Code (LMC) 5-6-2 Concerning Amendments and Rezonings.

PREPARED BY: Donna M. Kenney, Community Development Director

*

BACKGROUND:

The attached Resolution of Intent (Exhibit B) by the City Council initiates an amendment to LMC 5-6-2 B. Likewise, Section 5-6-2 B (1) authorizes the Planning Commission to initiate amendments to the Zoning Code by adopting a Planning Commission Resolution of Intent. The proposed amendment 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 and is consistent with past practice; however, making it clear in the LMC will help clarify it for the Council, Planning Commission and public.

Staff will also take the opportunity to discuss with the Planning Commission how to streamline the process for City Council initiated amendments (5-6-2 B (2)).

EXISTING LMC 5-6-2 Amendments and Rezoning

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

1. Resolution of intention of the Planning Commission;

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.

I

PROPOSED LMC 5-6-2 Amendment and Rezoning

B) APPLICATION FOR AMENDMENT 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 must be approved 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.

GENERAL PLAN CONSISTENCY:

The proposed Zoning Ordinance Amendment is 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." It is appropriate for the City to amend or modify the Zoning Code for clarification and efficiency. The proposed language modifies and clarifies existing Code.

ENVIRONMENTAL STATUS:

The proposed amendment to the Zoning Ordinance is not a project under CEQA Guidelines section 15060 because it is not an action that will result in a physical change to the environment.

ATTACHMENTS:

1. Resolution 2011-

Exhibit A – LMC 5-6-2 (B)

Exhibit B – City Council Resolution of Intent 2011-40

2. LMC 5-6 {Note from TheGardeningSnail. This is an actual link to Title 5, Chapter 6 on the City’s Website. So…instead of chugging through hundreds of lines of text, you can use the handy dandy “search” function at the top of the page. Cool huh?}

1671658.1

RESOLUTION 2011-

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LIVINGSTON

RECOMMENDING MODIFICATION OF LMC 5-6-2 (B) 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) to clarify that the Planning Commission’s recommendation to initiate an amendment to the Zoning Code requires City Council approval (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, at their regular meeting of June 7, 2011 the City Council approved a Resolution of Intent to initiate said amendment to the zoning ordinance (Exhibit B); 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 the modification of LMC 5-6-2 (B) 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." It is appropriate for the City to amend or modify the Zoning Code for clarification and efficiency. The proposed language modifies and clarifies existing Code; and

WHEREAS, the proposed amendment to 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.

NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission adopts Resolution 201 1-_, recommending that the City Council amend LMC 5-6-2 (B), as provided for in attached Exhibit A, and finds that the amendment to LMC 5-6 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 Commissioner , was

passed by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Chair, LUIS ENRIQUE FLORES Secretary of the Planning Commission,

DONNA M. KENNEY

1671690.1

EXHIBIT A

PROPOSED LMC 5-6-2 Amendment and Rezoning

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

1. Resolution of intention of the Planning Commission2. The resolution of intention by the Planning Commission must be approved 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.

1671667.1

RESOLUTION 2011-40

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON

RESOLUTION OF INTENT TO AMEND, REPEAL, OR REPLACE SECTIONS TO CLARIFY
LIVINGSTON MUNICIPAL CODE (LMC) 5-6-2 CONCERNING

AMENDMENTS AND REZONINGS

WHEREAS, this Resolution of Intent initiates an amendment to LMC 5-6-2. Section 5-6-2 B(1) authorizes the Planning Commission to initiate amendments to the Zoning Code by adopting a Planning Commission Resolution of Intent. The proposed amendment would make clear that the Planning Commission’s recommendation to initiate an amendment to the Zoning Code still requires City Council approval; and

WHEREAS, this is the current interpretation and is consistent with past practice, however, malting it clear in the i..MC will help clarify it for the Council, Planning Commission and public; and

WHEREAS, Staff will also take this opportunity to discuss with the Planning Commission how to streamline the process for City Council initiated amendments [5-6-2 B (2)]; 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 1 5378 (b) 5 of the 2011 CEQA Guidelines.

NOW, THEREFORE, BE IT RESOLVED, that the City Council adopts Resolution 2011-40, stating its intention to amend, repeal, or replace a section clarifying Livingston Municipal Code 5-6-2 (Exhibit A) and directing the Planning Commission to determine General Pan Consistency and make a recommendation.

Passed and adopted this 7’i’ clay of June, 2011, by the following vote:

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

NOES: None

ABSENT: None

ABSTAIN: None

Rodrigo Espinoza, Mayor of the City of Livingston

Page 1 of 2

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 7°i day of June 2011.

Antonio Silvera, City Clerk

of the City of Livingston

1653826.1

 

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s