Waive the Second Reading and Adopt Ordinance No. 602, of the City Council of the City of Livingston Amending Livingston Municipal Code (LMC) Section 5-3-15: Table 2, Table 3, Table 4, and Adding Section 5-5-12, Cultivation of Annual Crops.

Meeting Date: March 19, 2013

Agenda Item #5. Waive the Second Reading and Adopt Ordinance No. 602, of the City Council of the City of Livingston Amending Livingston Municipal Code (LMC) Section 5-3-15: Table 2, Table 3, Table 4, and Adding Section 5-5-12, Cultivation of Annual Crops.

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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 may be 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. 602, of the City

Council of the City of Livingston Amending Livingston Municipal Code

(LMC) Section 5-3-15: Table 2, Table 3, Table 4, and adding Section 5-5- 12, Cultivation of Annual Crops.

MEETING DATE: March 19, 2013

PREPARED BY: Miguel A Galvez, Contract Associate Planner /v”)"’A "v’

REVIEWED BY:

NECESSARY ACTION:

Jose Antonio Ramirez, City Manager

Waive the second reading and Ordinance No. 602 of the City Council of the Livingston amending Livingston Municipal Code Section 5-3-15: Table 2, Table 3, Table 4, and adding Section 5-5-12, Cultivation of Annual Crops.

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 permitting the cultivation of seasonal and annual crops, pursuant to certain development standards, in all zoning districts subject to approval of a Conditional Use Permit.

Presently, agricultural uses are permitted under two circumstances: I) as a legal nonconforming use; and 2) subject to approval of a conditional use permit in the P/OS (Parks and Open Space) zoning designation. The City is interested in providing expanded opportunities for the economically productive activities on vacant properties. Row crop planting and harvesting is of local and national interest as it provides food products for consumption and provides employment opportunities.

This proposed amendment is intended only to permit the cultivation of seasonal or annual crops subject to approval of a Conditional Use Permit. To protect adjacent existing land uses from negative externalities, no other agricultural activities will be allowed under the proposed amendment.

The proposed Section 5-5-12 will require that certain development standards be met in order to allow row crop cultivation, including the following:

I. A minimum property size of five acres.

2. The row crops may not be perennial in nature.

3. The property has adequate water available to it.

4. The protecting of the row crops does not include the aerial application of pesticides and herbicides,

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 5-0,

clip_image003

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 and new text is identified with an underline Italics.

Proposed New Municipal Code Section:

5-5-12 : Cultivation OF SEASONAL OR ANNUAL CROPS

A. INTENT: To conditionally permit the cultivation of seasonal or annual crops and allow (or the orderly regulation of activities associated with such cultivation. This Section does not permit dairying. animal husbandry, slaughtering. or processing of livestock or animal matter.

B. PERMITTED USE: Cultivation of seasonal or annual crops is conditionally permitted on parcels larger than five acres in all zoning districts. A Conditional Use Permit is required prior to the commencement of cultivation of seasonal or annual crops. All cultivation of seasonal or annual crops must comply with the development standards set forth in this Section as well as any conditions required by the Conditional Use Permit.

C. DEVELOPMENT STANDARDS: All cultivation of seasonal or annual crops must comply with the following standards:

1. Cultivation is only permitted on lots larger than five acres.

2. Only annual or seasonal crops may be planted. Perennial crops are prohibited.

3. The property has adequate water supply available to support the proposed activity.

4. Aerial spraying o(pesticides or herbicides is prohibited. Additional/imitations on the use of chemicals may be imposed in the Conditional Use Permit.

D. EXEMPTIONS: None.

Amendments to existing Municipal Code Sections:

Livingston Municipal Code Section: 5-3-15 Land Use Regulations (Zoning Matrix)

RESIDENTIAL USES

Cultivation1

*Footnotes for Table 2 Land Use-Residential Uses:

1. See Section 5-5-12 for Cultivation use provisions.

COMMERCIAL USES

R-E

R-1

R-2

R-3

C-l

DTC

C-2

C-3

M-l

M-2

P-F

P/

S

c

r,

c

c

c

c

c

c

c

 

c

c

c

c

 
                             

Table 3 -Lam! Use- Commercial Zoning

O

I. See Section 5-5-I2 for Cultivation use provisions.

clip_image007

clip_image008INDUSTRIAL USES

Cultivation

I. See Section 5-5-I2 for Cultivation use provisions.

GENERAL PLAN CONSISTENCY :

The proposed amendment of LMC Section 5-3-15 and the addition of Section 5-5-12, creating special regulations for the cultivation of seasonal and row crops agricultural uses is consistent with the adopted 1999 Livingston General Plan policies listed below:

3 .I.A.6: The Conditional Use Permit process shall be used where site conditions or project location will affect land use compatibility. Findings for approval will be required to be made on a case-by-case basis along with conditions of approval to maintain compatibility with adjacent land uses.

5.1.A: Preserving prime farmland, farmland of statewide importance and important agricultural operations within the Livingston City Limits and Sphere of influence until logical and orderly urban growth is appropriate.

5.1.1: A 20-acre minimum parcel size for properties designated as Urban Reserve will remain for properties located outside of the City Limits.

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. 602

Exhibit A- LMC 5-3-15 and 5-5-12

ORDINANCE NO. 602

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON AMENDING LIVINGSTON MUNICIPAL CODE SECTION 5-3-15 AND ADDING SECTION 5-5-12 RELATING TO CULTIVATION OF SEASONAL OR ANNUAL CROPS

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 farming on certain parcels; and

WHEREAS, farming is currently a permitted use that is subject to approval of a conditional use permit only in the PI OS (Parks and Open Space) zoning designation in the Livingston Municipal Code ("LMC") and is permitted on a limited basis as a legal nonconforming use; and

WHEREAS, farming consisting of the cultivation of seasonal or annual crops may be an appropriate use on certain vacant parcels; and

WHEREAS, the City of Livingston is interested in providing the opportunity for continued economic activity on vacant properties within the City limits. Cultivation of seasonal or annual crops is of local and national interest as it provides food products for consumption and provides employment opportunities; and

WHEREAS, The proposed Zoning Code Amendment (Exhibit A) would permit the cultivation of seasonal and annual crops, pursuant to certain development standards, in all zoning districts subject to approval of a Conditional Use Permit; 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 Planning Commission unanimously (5-0) recommended the City Council adopt the LMC amendment to Section 5-3-15 and add Section 5-5-12 related to cultivation, as attached in Exhibit A, and determined that the amendment was consistent with the Livingston General Plan; and

WHEREAS, the proposed amendment 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 arc 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 are exempt from California Environmental Quality Act (CEQA) requirements pursuant to Section 15378(b)(5) of the CEQA Guidelines (California Code of Regulations) as this activity is not considered a project; and

B. General Plan Consistency. The modification of LMC Section 5-3-13 and addition of Section 5-5-12 is consistent with the adopted 1999 General Plan.

The proposed amendment of LMC Section 5-3-15 and the addition of Section

5-5-12, creating special regulations for the cultivation of seasonal and row crops agricultural uses is consistent with the adopted 1999 Livingston General Plan policies listed below:

3.l.A.6: The Conditional Use Permit process shall be used where site conditions or project location will affect land use compatibility. Findings for approval will be required to be made on a case-by-case basis along with conditions of approval to maintain compatibility with adjacent land uses.

5.l.A: Preserving prime farmland, farmland of statewide importance and important agricultural operations within the Livingston City Limits and Sphere of Influence until logical and orderly urban growth is appropriate.

5.1.1: A 20-acre minimum parcel size for properties designated as Urban Reserve will remain for properties located outside of the City Limits.

SECTION 3. Amendments. Section 5-3-15 and addition of Section 5-5-12 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.

2

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 5111 day of March, 2013, and was passed and adopted at a Regular Meeting of the City Council of the City of Livingston this 19111 day of March, 2013, by the following vote:

AYES: NOES: ABSENT:

ANTONIO SILVA, City Clerk of the City of Livingston

2053093.1

clip_image010

Exhibit A

Livingston Municipal Code Section: 5-3-15 Land Use Regulations (Zoning Matrix)

Table 2- Land Use-Residential Zoning Matrix

RESIDENTIAL USES

Cultivation

*Footnotes for Table 2 Land Use-Residential Uses:

I. See Section 5-5-12 for Cultivation use provisions.

(The previously existing notes are also re-numbered in subsequent order)

Table 3- Land Use- Commercial Zoning

COMMERCIAL USES

R-E

R-1

R-2

R-3

C-1

DTC

C-2

C-3

M-1

M-2

1′-F

1’/0S

                         

Cultivation’·

c

c

c

c

c

c

c

c

c

c

c

c

*Footnotes for Table 3 Commercial Uses:

1. See Section 5-5-12 for Cultivation use provisions.

(The previously existing notes are also re-numbered in subsequent order)

Table 4- Industrial Uses

clip_image012

INDUSTRIAL USES

Cultivation

I. See Section 5-5-12 for Cultivation use provisions.

5-5-12 : CULTIVATION OF SEASONAL OR ANNUAL CROPS

A. INTENT: To conditionally permit the cultivation of seasonal or annual crops and allow for the orderly regulation of activities associated with such cultivation. This Section does not permit dairying, animal husbandry, slaughtering, or processing of livestock or animal matter.

B. PERMITTED USE: Cultivation of seasonal or annual crops is conditionally permitted on parcels larger than five acres in all zoning districts. A Conditional Use Permit is required prior to the commencement of cultivation of seasonal or annual crops. All cultivation of seasonal or annual crops must comply with the development standards set forth in this Section as well as any conditions required by the Conditional Use Permit.

C. DEVELOPMENT STANDARDS: All cultivation of seasonal or annual crops must comply with the following standards:

l. Cultivation is only permitted on lots larger than five acres.

2. Only annual or seasonal crops may be planted. Pere1mial crops are prohibited.

3. The property has adequate water supply available to support the proposed activity.

4. Aerial spraying of pesticides or herbicides is prohibited. Additional limitations on the use of chemicals may be imposed in the Conditional Use Permit.

D. EXEMPTIONS: None.

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