Waive the Second Reading and Adopt Ordinance No. 600, of the City Council of the City of Livingston Amending Livingston Municipal Code (LMC) Section 5-4-2(J)(1) Relating to Front Yard Setback Fence Heights.

Meeting Date: March 19, 2013

Agenda Item # 3. Waive the Second Reading and Adopt Ordinance No. 600, of the City Council of the City of Livingston Amending Livingston Municipal Code (LMC) Section 5-4-2(J)(1) Relating to Front Yard Setback Fence Heights

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Note from TheGardeningSnail. The text below was obtained by taking the original PDF File that had been posted online and running it through a program that converts image to text. So, there are a few textual goofs, gaffs, and Gremlins. Sorry about that. If you want “perfection” check the pages above.

STAFF REPORT

AGENDA ITEM: Waive the Second Reading and Adopt Ordinance No. 600, of the City

Council of the City of Livingston Amending Livingston Municipal Code

(LMC) Section 5-4-2(J)(1) Relating to Front Yard Setback Fence Heights.

MEETING DATE:

March 19, 2013

 

PREPARED BY:

Miguel A Galvez, Contract Associate Planner

,,

REVIEWED BY:

Jose Antonio Ramirez, City Manager

 

NECESSARY ACTION:

   

Waive the second reading and adopt Ordinance No. 600 of the City Council of the Livingston amending Livingston Municipal Code Section 5-4-2(1)(1) relating to front yard setback fence heights.

BACKGROUND AND DISCUSSION:

The City Council, at its February 5, 2013 Regular Meeting, adopted Resolution No. 2013-04, a Resolution directing staff to initiate processing of a rezone for certain parcels and amend Title 5, Chapter 4, 5 and 6 of the Livingston Municipal Code concerning allowable heights of fences, farming as a permitted land use and entities authorized to initiate rezoning, respectively

The City Council seeks to permit nonresidential uses that are allowed in residential zones to have front yard fences that are slightly higher that maximum allowed for residences. Nonresidential uses may have unique security, privacy, business, or aesthetic interests that create a need for fences up to six feet. The amendment is limited to non-residential uses and only allows non-continuous fences up to six feet to avoid any potential detrimental aesthetic impact of continuous high fences in residential zones.

The Planning Commission at its February 20, 2013 Special Meeting considered the proposed zoning ordinance text amendment and approved its recommendation to the City Council on a vote of 5-0.

ZONING ORDINANCE AMENDMENT:

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The existing and the proposed changes to the Livingston Municipal Code Zoning Ordinance appear below. Proposed deletions are identified in strike-out text (there are none proposed in this action) and new text is identified with an underline Italics.

Amendments to existing Municipal Code Sections: 5-4-2: FENCES, WALLS AND HEDGES

J) RESIDENTIAL: In all residential districts (R-E, R-1, R-2 and R-3) the requirements for fences and hedges are as follows:

I. Front Yards: Maximum height above grade shall not exceed thirty six inches except that the fence may be erected to a maximum height of forty eight inches

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for residenr;e.’i,

!2L gyentv two inches for non-re5·idential ust;.,L{b qt are permitted

or conditionally permitted in residential districts. provided that any fence which exceeds thirty six inches is uniformly open to the extent of thirty three and one-third percent. "Uniformly open" shall be construed to mean that the interstices between the solid material of the fence are evenly spaced so as to make vision through the fence possible.

GENERAL PLAN CONSISTENCY:

The proposed amendment of LMC Section 5-4-2(1)(1) is consistent with the adopted 1999 Livingston General Plan policies listed below:

3 .2.B.3: Where new residential development is proposed that adjoins existing commercial/ agricultural or industrial development, the residential developer shall be required to provide an architectural transition. This transition may include such provisions as building setbacks, landscaping and masonry wall requirements to benefit future residents.

3 .3.B. l.b: A masonry wall six feet in height, shall be erected along the property line where commercial and office uses have a common property line with residentially designated properties.

ENVIRONMENTAL ANALYSIS:

The proposed amendment to the Livingston Municipal Code 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 CEQA Guidelines. Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. Subsequent projects will be subject to environmental assessment as required by CEQA.

FISCAL IMPACT:

None. ATTACHMENTS:

I. Ordinance No. 600

Exhibit A- LMC 5-4-2(1)(1)

2

ORDINANCE NO. 600

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON AMENDING LIVINGSTON MUNICIPAL CODE SECTION 5-4-2(J)(1) RELATING TO FRONT

YARD SETBACK FENCE HEIGHTS

WHEREAS, the Livingston City Council, at its regular meeting of February 5, 2013, adopted Resolution No. 2013-04, a Resolution directing staff to initiate an amendment of the Livingston Municipal Code to allow higher fence heights for other permitted uses within residential zones, including public and quasi­ public uses such as churches and community centers; and

WHEREAS, certain public and quasi-public facilities are allowed in residential zones. The City Council directed staff to draft an amendment to the Zoning Code permitting fence heights of up to six feet; and

WHEREAS, nonresidential uses may have unique security, privacy, business, or aesthetic interests that create a need for fences up to six feet; and

WHEREAS, the public hearing for the Project has been properly noticed by posting (a newspaper ad and posted at public places); the Livingston City Hall Bulletin Board; the City website and local community cable channel 2; and

WHEREAS, The proposed Zoning Code Amendment (Exhibit A) would allow non residential uses that are permitted or conditionally permitted in a residential zoning district to erect fences or hedges up to seventy-two inches (6 feet) within the front yard setback; and

WHEREAS, on February 20, 2013, the Plam1ing Commission held a properly noticed public hearing at which it received a report from City Staff, as well as oral and written testimony from the public, and deliberated on the item. At that meeting, the Planning Commission unanimously (5-0) recommended the City Council adopt the LMC amendment to Section 5-4-2 (J)(l) related to front yard setback fence heights, as attached in Exhibit A, and determined that the amendment was consistent with the Livingston General Plan; and

WHEREAS, the proposed amendment to the Ordinance is exempt from Califoria Environmental Quality Act (CEQA) requirements pursuant to Section 15378(b)(5), is not a project; and

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

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LIVINGSTON, CALIFORNIA,

DOES ORDAIN as follows:

SECTION 1. Recitals. The foregoing recitals are true and correct and made a pmt of this Ordinance. SECTION 2. Findings. The City Council hereby finds as follows:

A. CEQA Compliance. The Proposal is exempt from the provisions of the California Environ­ mental Quality Act (CEQA) Guidelines Section l5378(b)(5), as it is not considered a project. The proposed amendment to the Livingston Municipal Code is a government administrative activity

of that will not result in direct or indirect physical changes in the environment. Subsequent projects will be subject to environmental assessment as required by CEQA.

B. General Plan Consistency. The modification of LMC Section 5-4-2(J)(l) is consistent with the adopted 1999 General Plan listed below:

3.2.B.3: Where new residential development is proposed that adjoins existing commercial agricultural or industrial development, the residential developer shall be required to provide an architectural transition. This transition may include such provisions as building setbacks, landscaping and masonry wall requirements to benefit future residents.

3.3.B.l.b: A masonry wall, six feet in height, shall be erected along the property line where commercial and office uses have a common property line with residentially designated properties.

SECTION 3. Amendments. Section 5-4-2(J)(l) of the Zoning Ordinance (LMC) of the City of Livingston, is hereby amended as set forth in 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: March 5, 2013

Passed and Adopted: March 19,2013

RODRIGO ESPINOZA, Mayor

of the City of Livingston

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 5th day of March, 2013, and was passed and adopted at a Regular Meeting of the City Council of the City of Livingston this 19"’ day of March, 2013, by the following vote:

AYES: NOES: ABSENT:

ANTONIO SILVA, City Clerk of the City of Livingston

Exhibit A 5-4-2: FENCES, WALLS AND HEDGES

J) RESIDENTIAL: In all residential districts (R-E, R-1, R-2 and R-3) the requirements for fences and hedges are as follows:

I. Front Yards: Maximum height above grade shall not exceed thirty six inches except that the fence may be erected to a maximum height of forty eight inches for residences, or seventy two inches for non-residential uses that are permitted or conditionally permitted in residential districts, provided that any fence which exceeds thirty six inches is uniformly open to the extent of thirty three and one-third percent. "Uniformly open" shall be construed to mean that the interstices between the solid material of the fence are evenly spaced so as to make vision through the fence possible.

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