Amendment 2011-08, Livingston Municipal Code (LMC) 5-3, Setbacks

BACKGROUND: 

Mayor Espinoza had requested that Council consider an amendment to Title 5, Chapter 3, the Zoning Ordinance of the Livingston Municipal Code (LMC), specifically the sections on Setbacks, Setback Exceptions, Maximum Site Coverage and Maximum Floor Area Ratio concerning residential rear yards in the R-1 zoning district (low density residential). A citizen complaint to him indicated there are residential property owners unable to build patio covers or room additions in their rear yards due to a minimum rear yard setback of fifteen (15) feet. Allowing a five (5) foot minimum setback may impact additional Code sections concerning setback exceptions, site coverage, and floor area ratio. The Planning Commission was requested to consider reducing the minimum rear yard setback in the R-1 zoning district from fifteen (15) feet to five (5) feet and determine whether the amendment was consistent with the 1999 General Plan and 2025 General Plan Update.

City Council approved Resolution of Intent 2011-74 on November 15, 2011 (attachment 2) pursuant to LMC 5-6-2 (B)(2) to place the following Title 5 amendments on a Planning Commission agenda. The Planning Commission, at their regular meeting of December 13, 2011, by 5-0 voted to recommend retaining the existing fifteen (15) foot rear yard setback.

The City Council, at their regular meeting of January 3 , 2012, requested the Planning Commission review the materials again and make recommendation concerning the inclusion of a second story rear setback for the R-1 zoning district in addition to a revised first story setback. Staff conducted research and found most cities have a standard minimum fifteen (15) or twenty (20) rear residential setback (Atwater, Merced, Turlock, Ceres).  (Excerpted From the Staff Report)

ATTACHMENTS include

1. Resolution 2012-_, a Resolution Determining General Plan Consistency and Making Recommendation to the City Council.

Exhibit A – Proposed Language

2. City Council Resolution of Intent 2011-74

3. LMC 5-3

Setback Amendment Page 1Setback Amendment Page 2Setback Amendment Page 3-1Setback Amendment Page 3-2Setback Amendment Page 4Setback Amendment Page 5Setback Amendment Page 6Setback Amendment Page 7Setback Amendment Page 8Setback Amendment Page 9Setback Amendment Page 10-1Setback Amendment Page 10-2Setback Amendment Page 10-3Setback Amendment Page 10-4Setback Amendment Page 10-5Setback Amendment Page 10-6Setback Amendment Page 10-7Setback Amendment Page 11-1Setback Amendment Page 11-2Setback Amendment Page 11-3Setback Amendment Page 11-4Setback Amendment Page 11-5Setback Amendment Page 11-6Setback Amendment Page 11-7Setback Amendment Page 11-8Setback Amendment Page 11-9Setback Amendment Page 11-10Setback Amendment Page 11-11Setback Amendment Page 11-12

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