Waive the Second Reading and Adopt Ordinance No. 601, of the City Council of the City of Livingston Amending Livingston Municipal Code (LMC) Section 5-6-2(B) Pertaining to Amendment or Rezoning Initiation.

Meeting Date: March 19, 2013

Agenda Item #4. Waive the Second Reading and Adopt Ordinance No. 601, of the City Council of the City of Livingston Amending Livingston Municipal Code (LMC) Section 5-6-2(B) Pertaining to Amendment or Rezoning Initiation.

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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. 601, of the CityCouncil of the City of Livingston Amending Livingston Municipal Code (LMC) Section 5-6-2(B): Pertaining to Amendment or Rezoning Initiation.

MEETING DATE: March 19, 2013

PREPARED BY:

Miguel A Galvez, Contract Associate Planner I

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REVIEWED BY: Jose Antonio Ramirez, City Manager

NECESSARY ACTION:

Waive the second reading and adopt Ordinance No.601 of the City Council of the Livingston Amending Livingston Municipal Code Section 5-6-2(B) pertaining to amendment or rezoning initiation.

BACKGROUND AND DISCUSSION:

This zoning code amendment is being processed in follow-up to City Council direction provided by City Council Resolution No. 2013-04 to consider providing the City Manager the authority to initiate a zoning code amendment or the rezoning process without a resolution of intent from the City Council or the Planning Commission.

Pursuant to LMC 5-6-2 B(2), the City Council and the Planning Commission can initiate amendments to the Zoning Code and initiate rezoning with the approval of a Resolution of Intent. After adoption of such Resolution, the item would be placed on an upcoming Planning Commission agenda so that the Commission can hold a public hearing and make a recommendation on the amendment(s). Property owners can also initiate these types of amendments by filing an application and paying appropriate fees.

There are and have been opportunities when it is timely and efficient to allow City Staff and, the City Manager in particular, to have the authority to initiate zoning code amendments and initiate zone changes. This is a way to stimulate economic development activity by streamlining growth and is a component of economic development principals. This administrative tool can also serve to improve the zoning code by allowing City staff to identify and initiate changes to the municipal code that are deemed unnecessary or outdated.

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 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 4 – 0 with one Commissioner abstaining.

ZONING ORDINANCE AMENDMENT:

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.

Existing Municipal Code Sections:

5-6-2 : AMENDMENTS AND REZONING

A. GENERAL PROVISIONS: An amendment to this Title or a rezoning may amend, supplement or change the regulations for zoning of property now or hereafter established by this Title; provided, that the City zoning regulations shall be consistent with the General Plan in accordance with State Government Code, Section 65860. In the event these zoning regulations become inconsistent with the General Plan by reason of amendment to said Plan, or to any element of such Plan, these zoning regulations shall be amended within a reasonable time to remain consistent with the General Plan.

B. APPLICATION FOR AMENDMENT OR REZONING INITIATION: An amendment orrezoning may be initiated by:

L Resolution of intention of the Planning Commission 2 • The City Council must approve the resolution of intention by the Planning Commission prior to initiation of the requested amendment or rezone; (Ord. 593, 08-16-11)

b Resolution of intention of the City Council;

1. 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.

Proposed Municipal Code Sections:

5-6-2 : AMENDMENTS AND REZONING

A. GENERAL PROVISIONS: An amendment to this Title or a rezoning may amend, supplement or change the regulations for zoning of property now or hereafter established by this Title; provided that the City zoning regulations shall be consistent with the General Plan in accordance with State Government Code, Section 65860. In the event these zoning regulations become inconsistent with the General Plan by reason of amendment to said Plan, or to any element of such Plan, these zoning regulations shall be amended within a reasonable time to remain consistent with the General Plan.

B. APPLICATION FOR AMENDMENT OR REZONING INITIATION: An amendment or rezoning may be initiated by any one of the following:

I. Resolution of intention of the Planning Commission’. The City Council must approve the resolution of intention by the Planning Commission prior to initiation of the requested amendment or rezone; (Ord. 593, 08-16-11)

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.

4. The City Manager by directing staff to prepare a proposed amendment or amendments.

GENERAL PLAN CONSISTENCY:

This Project is consistent with 1999 General Plan in that it strives to provide increased flexibility to facilitate implementation of General Plan development policies.

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:

1. Ordinance No. 601

Exhibit A- LMC 5-6-2: Amendments and Rezoning

ORDINANCE NO. 601

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON AMENDING LIVINGSTON MUNICIPAL CODE SECTION 5-6-2 (B) CONCERNING ZONING CODE AMENDMENTS AND REZONINGS

WHEREAS, Livingston Municipal Code (LMC) Section 5-6-2 (B) authorizes both the City Council and the Planning Commission to initiate amendments of LMC Title 5 (Zoning Ordinance), or rezones, by adopting resolutions of intention; and

WHEREAS, at their regular meeting of February 5, 2013, the City Council approved a Resolution of intent, pursuant to LMC 5-6-2(8)(2), initiating an amendment to LMC 5-6-2(8) adding entities authorized to initiate rezoning and zoning code amendments; and

WHEREAS, the proposed amendment (Exhibit A) would make clear that the City Manager is authorized to initiate changes to the zoning code and/or zone changes in the Zoning Map; and

WHEREAS, on February 20, 2013, the Planning 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 majority of the Planning Commission (4-0-1) recommended the City Council adopt the LMC amendment to Section

5-6-2(8)(2), as attached in Exhibit A, and determined that the amendment was consistent with

Livingston General Plan; and

WHEREAS, the proposed amendment to the zoning code is exempt from California Environmental Quality Act (CEQA) requirements pursuant to Section 15378(b)(5) because it 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 part of this Ordinance.

SECTION 2. Findings. The City Council hereby finds as follows:

A. CEQA Compliance. The proposed amendments to the Zoning Ordinance are exempt from California Environmental Quality Act (CEQA) requirements pursuant to Section l5378(b)(5) of the CEQA Guidelines (California Code of Regulations) as this activity is not considered a project; and

B. General Plan Consistency. The amendments of LMC 5-6-2 are consistent with adopted 1999 General Plan in that it strives to provide increased flexibility to facilitate implementation of General Plan development policies.

SECTION 3. Amendments. LMC Section 5-6-2(B)(2) 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)

l hereby certify that the foregoing Ordinance was duly introduced at a Regular Meeting of the City Council of the City of Livingston on the 5’h day of March, 2013, and was passed and adopted at a Regular Meeting of the City Council of the City of Livingston this 19th day of March, 2013, by the following vote:

AYES: NOES: ABSENT:

2053091.1

ANTONIO SILVA, City Clerk of the City of Livingston

Exhibit A

5-6-2 : AMENDMENTS AND REZONING

A. GENERAL PROVISIONS: An amendment to this Title or a rezoning may amend, supplement or change the regulations for zoning of property now or hereafter established by this Title; provided that the City zoning regulations shall be consistent with the General Plan in accordance with State Government Code, section 65860. In the event these zoning regulations become inconsistent with the General Plan by reason of amendment to said Plan, or to any element of such Plan, these zoning regulations shall be amended within a reasonable time to remain consistent with the General Plan.

B. APPLICATIONFORAMENDMENTORREZONING INITIATION:

An amendment or rezoning may be initiated by any one of the following:

1. Resolution of intention of the Planning Commission2. The City Council must approve the resolution of intention by the Planning Commission prior to initiation of the requested amendment or rezone; (Ord. 593, 08-16-11)

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.

4. The City Manager, by directing staff to prepare a proposed amendment or amendments.

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