Waive the Second Reading and Adopt Ordinance No. 565, an Ordinance of the City Council of the City of Livingston Amending Title 5 Chapter 3, Section 16 of the Livingston Municipal Code Relating to Lot Development Standards: Setbacks, Setback Exceptions, Maximum Site Coverage and Maximum Floor Area Ratio Concerning Rear Yards in the R-1 Zoning District (Low Density Residential).

LIVINGSTON CA / June 03, 2013 —

Meeting Date June 04, 2013

Item #4. Waive the Second Reading and Adopt Ordinance No. 565, an Ordinance of the City Council of the City of Livingston Amending Title 5 Chapter 3, Section 16 of the Livingston Municipal Code Relating to Lot Development Standards: Setbacks, Setback Exceptions, Maximum Site Coverage and Maximum Floor Area Ratio Concerning Rear Yards in the R-1 Zoning District (Low Density Residential).

 

Note from TheGardeningSnail. The text below has been excerpted from the Staff Report.

STAFF REPORT

AGENDA ITEM: Waive the Second Reading and Adopt Ordinance No. 605, an Ordinance of the City Council of the City of Livingston Amending Title 5, Chapter 3, Section 16 of the Livingston Municipal Code Relating to Lot Development Standards: Setbacks, Setback Exceptions, Maximum Site Coverage and Maximum Floor Area Ratio Concerning Rear Yards in the R-1 Zoning District (Low Density Residential).

MEETING DATE: June 4, 2013

PREPARED BY: Miguel A Galvez, Contract Associate Planner

REVIEWED BY: Jose Antonio Ramirez, City Manager

NECESSARY ACTION:

Waive the second reading of Ordinance No. 605, an Ordinance of the City Council of the City of Livingston amending Livingston Municipal Code Section 5-3-16 relating to Lot Development Standards: Setbacks, Setback Exceptions, Maximum Site Coverage and Maximum Floor Area Ratio concerning residential rear yards in the R-1 zoning district (low density residential).

BACKGROUND AND DISCUSSION:

Mayor Espinoza requested that the Planning Commission and City Council consider an amendment to Title 5, Chapter 3 of the Zoning Ordinance of the Livingston Municipal Code (LMC), specifically Section 16, relating to Setbacks, Setback Exceptions, Maximum Site Coverage and Maximum Floor Area Ratio concerning residential rear yards in the R-1 zoning district (low density residential). Resident complaints indicate 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 rear yard 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.

City Council approved Resolution of Intent 2011-74 on November 15, 2011 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 proposal again and make a recommendation concerning the inclusion of a second story rear setback of fifteen ( 15) feet for the R-1 zoning district in addition to a revised first story setback minimum of five (5) feet. The Planning Commission, at their regular meeting of February 14, 2012, by 5-0 voted again to recommend retaining the existing fifteen (15) foot rear yard setback for both the first and second stories and not amend the ordinance.

The Planning Commission, at their regular meeting of March 12, 2013, by a vote of 3-1 voted to recommend retaining the existing fifteen (l S) foot rear yard setback for both the first and second stories and not amend the zoning ordinance.

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