Introduce and Waive the First Reading of Ordinance No___, of the City Council of the City of Livingston Amending Title 5, Chapter 3 of the Livingston Municipal Code, 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).

LIVINGSTON CA / May 18, 2013 —

Meeting Date May 21, 2013

{Note from TheGardeningSnail, the text below was prepared by running a PDF Image file through a program that converts Image to Text, then bouncing it through the Blogging Software. Sorry about Gaffs and Glitches that might have crept in. When in doubt, check the copy of the PDF which is below the text.

For those of you interested in some of the history behind this proposed Ordinance, click on the links provided.}

STAFF REPORT

AGENDA ITEM: Introduce and Waive the First Reading of Ordinance No. _, of the City Council of the City of Livingston Amending Title 5, Chapter 3 of the Livingston Municipal Code 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: May 21, 2013

PREPARED BY: Miguel A Galvez, Contract Associate Planner

REVIEWED BY: Jose Antonio Ramirez, City Manager

NECESSARY ACTION:

Introduce and waive the first reading of Ordinance No. of the Livingston City Council, 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 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 (S) 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 (15) foot rear yard setback for both the first and second stories and not amend the zoning ordinance.

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.

Amendments to existing Municipal Code Sections:

Livingston Municipal Code Title 5, Chapter 3, Section 16: DEVELOPMENT STANDARDS (Proposed Language in Bold and Underline)

Table 6 – Development Standards

{note from TheGardeningSnail. The Table didn’t survive the “translation process”. See the PDF Image below}

*Footnotes for Table 6 – Development Standards:

I . An additional 10 feet in height may be permitted with Site Plan/Design Review approval.

2. As determined by PD Overlay Permit.

3. An additional 0.10 FAR may be permitted with Site Plan/Design Review approval and determination of traffic and circulation impact.

BUILDING STRUCTURE SETBACK REQUIREMENTS (All setbacks are measured in feet)

Table 8 – Building Structure Setback Requirements

{Note from TheGardeningSnail – this section didn’t turn out well at all. See the appropriate page below.} 

*Footnotes for Table 8 Building Structure Setback Requirements:

1. Setback requirements for R-E Districts shall include a 40-foot minimum garage setback.

2. In no instance shall residence on adjoining R-2 lots be closer than eight feet, except on the side next to a street on a corner lot, which shall be fifteen feet deep. If a garage is {present, or if developing on a reverse corner lot, street side yard setback shall be twenty feet.

3. Each interior lot in an R-3 district shall have a minimum side yard of five feet. Corner lots shall have fifteen feet, except in the case of a reverse corner lot or a garage; then it shall be twenty feet.

4. No minimum, except where the frontage in a block is partially in a residential district; in which case the front yard shall be the same as required in such residential district.

5. No minimum, except where the side of a lot abuts a residential district; in which case the side yardshall not be less than ten feet.

6. No minimum, except where the rear of a lot abuts a residential district; in which case a rear yard of fifteen feet shall be required.

7. Where any of the lots within the same block are already developed with front yards less than fifteen feet, then a minimum of ten feet shall be the required for the front yard depth.

8. On corner and reverse corner lots in the M-1 District, the side yard which faces the street shall be twenty feet.

9. When no alley intervenes between the rear property lines, each lot in the M-1 District shall maintain a rear yard of not less than ten feet, except the rear yard may be less than ten feet when the building is built in compliance with the requirements of the Fire Code after approval from the Planning Commission is obtained.

10. As determined by Planned Development Overlay Permit.

5-3-16-1: SETBACKEXCEPTIONS

A) ENCROACHMENT INTO SETBACKS: Certain architectural features may extend from a building structure into a required setback.

1. Canopies, doorway covers not exceeding twelve (12) square feet, eaves, bay windows, stairways/landings and chimneys may extend into required front, side, or rear yards a distance not exceeding three feet and shall have a minimum three foot setback to all property lines.

2. Where an accessory building is attached to the main building, it shall be considered a portion of the main building and shall comply in all respects with the requirements of this Title applicable to the main building.

3. Freestanding accessory buildings and structures in Residential Districts, whether or not requiring a building permit (such as a metal shed, garage, greenhouse, gazebo, carport, play structure, tree house, trellis, arbor or patio cover), may not be located in the required front yard of the particular zone unless provided for elsewhere in this Title. A trellis or arbor is permitted in the front yard covering a walkway. The trellis or arbor may not exceed a height of eight feet or width of six feet.

Freestanding accessory buildings and structures, whether or not requiring a building permit, may be located within required side yards, subject to the following standards:

a. A minimum five-foot setback shall be required for garages and carports.

b. A minimum three-foot setback shall be required for that portion of any freestanding accessory building or structure exceeding a height of eight feet.

c. A five-foot setback shall be required for that portion of any freestanding accessory building or structure exceeding a height of ten feet.

d. A maximum fifteen-foot height limit shall apply to any freestanding accessory structure or building located in the area between five feet from the rear property line and the standard full rear yard setback required of the district.

e. No more than thirty percent of a required rear yard may be covered by accessory structures. Accessory structures are prohibited within the five (5) foot rear yard setback in the R-1 zoning district.

f. Separation from the main building, consistent with city-adopted building and safety codes.

4. The conversion of existing, open structures to enclosed structures (such as conversion of a carport to a garage or enclosure of a covered porch) shall be subject to all yard setback requirements of this Title.

5. Ground-mounted heating and air conditioning units may be permitted in required side or rear yards.

6. In all instances, buildings and structures must provide adequate clearance from property lines and/or between buildings and structures to ensure adequate access for emergency personnel and equipment.

Maximum size residential units permitted under existing Table 6 above:

LOT SIZE 45% LOT COVERAGE (1 Floor) 50% FLOOR AREA RATIO (2 Floors)

6,000 square feet Max. 2,700 square foot house Max. 3,000 square foot house

7,000 square feet Max. 3,150 square foot house Max. 3,500 square foot house

Maximum size residential units permitted under the 55% Option:

LOT SIZE 55% LOT COVERAGE (1 Floor) 60% FLOOR AREA RATIO (2 Floors)

6,000 square feet Max. 3,300 square foot house Max. 3,600 square foot house

7,000 square feet Max. 3,850 square foot house Max. 4,200 square foot house

Maximum size residential units permitted under a 65% Option:

LOT SIZE 65% LOT COVERAGE (1 Floor) 70% FLOOR AREA RATIO (2 Floors)

6,000 square feet Max. 3,900 square foot house Max. 4,200 square foot house

7,000 square feet Max. 4,550 square foot house Max. 4,900 square foot house

GENERAL PLAN CONSISTENCY:

This Proposed Project is consistent with 1999 General Plan according to the following objectives:

• 3.2 Residential Land Use – Objective A:

Designate and allow for the development of a wide range of residential housing types in the City including housing for middle and upper income families to meet the needs of all Livingston residents.

• 3.2 Residential Land Use -Objective B:

Promote stable, high quality residential neighborhoods.

Policies, Standards

4. Site development techniques should be encouraged which ensure a mix of housing types throughout the Community.

The proposed minimum five (5) foot rear yard setback and increased lot coverage and floor area ratios provide for increased variety and flexibility of housing products along with allowing property owners the opportunity to further improve their residential property.

ENVIRONMENTAL ANALYSIS:

The proposed amendment to the Ordinance is exempt from California Environmental Quality Act (CEQA) requirements pursuant to Section 21083.3 of the Public Resources Code as there are no new impacts that were not addressed in the 1999 General Plan EIR. The proposed amendment is also exempt from CEQA pursuant to Guidelines section 15305, Minor Alterations in Land Use Limitations.

FISCAL IMPACT:

None.

ATTACHMENTS:

1. Ordinance No.

Exhibit A – LMC 5-3-16

ORDINANCE NO.

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 LOT COVERAGE, MAXIMUM FLOOR AREA RATIO AND LOCATION OF ACCESSORY STRUCTURES WITHIN THE REAR YARDS IN THE R-1 ZONE DISTRICT

WHEREAS, the City Council requested a Planning Commission recommendation for an amendment to amend, repeal, or replace sections of Title 5 of the Livingston Municipal Code (LMC) so that the minimum residential rear yard setback is reduced from fifteen (15) feet to five (5) feet for first stories and remains at fifteen (15) feet for second stories; and

WHEREAS, Livingston Municipal Code Section 5-6-2 (B) (2) requires that the City Council approve a resolution of intent to initiate amendments to the zoning ordinance; and

WHEREAS, at their regular meeting of November 15, 2011 the City Council approved Resolution of Intent 2011-71 to initiate said amendments to the zoning ordinance; and

WHEREAS, The proposed Zoning Code Amendment (Exhibit A) would allow a maximum lot site coverage of 55%, a maximum floor area ratio of 60%, a five (5) foot setback for one story structures and prohibit accessory structures within the five (5) foot rear yard setback in the R-1 zoning district; and

WHEREAS, on March 12, 2013, the Planning Commission held a properly noticed public bearing 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, by a vote of (3-1), recommended that the low density residential rear yard setbacks remain a minimum of fifteen (15) feet for both first and second stories; and

WHEREAS, the proposed amendment to the Ordinance is exempt from California Environmental Quality Act (CEQA) requirements pursuant to Section 21083.3 of the public Resources Code as there are no new impacts that were not addressed in the 1999 General Plan EIR. The proposed amendment is also exempt from CEQ pursuant to Guidelines Section 15305 (a), Minor Alteration in Land Use Limitations;

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 in accordance with the requirements set forth in Government Code Sections 65090 and 65091.; and

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 pail of this Ordinance. SECTION 2. Findings. The City Council hereby finds as follows:

a. CEQA Compliance. The Proposal is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15305(a), Minor Alteration in Land Use Limitations. The proposed amendment to the Livingston Municipal Code is a government administrative activity which will not result in a change of land use or increased density by increasing the number of dwelling units and/or number of parcels. The proposal is also exempt from California Environmental Quality Act (CEQA) requirements pursuant to Section 21083.3 of the public Resources Code as there are no new impacts that were not addressed in the 1999 General Plan EIR.

b. General Plan Consistency. The modification of LMC Section 5-3-16 is consistent with the adopted 1999 General Plan according to the following objectives:

• 3.2 Residential Land Use – Objective A:

Designate and allow for the development of a wide range of residential housing types in the City including housing for middle and upper income families to meet the needs of all Livingston residents.

• 3.2 Residential Land Use – Objective B:

Promote stable, high quality residential neighborhoods.Policies, Standards

4. Site development techniques should be encouraged which ensure a mix of housing types throughout the Community.

The proposed minimum five (5) foot rear yard setback and increased lot coverage and floor area ratios provide for increased variety and flexibility of housing products along with allowing property owners the opportunity to further improve their residential property.

SECTION 3. Amendments. Section 5-3-16 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: May 21, 2013

Passed and Adopted: June 18, 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 16th day of April, 2013, and was passed and adopted at a Regular Meeting of the City Council of the City of Livingston this 21st day of May, 2013, by the following vote:

AYES:

NOES:

ABSENT:

ANTONIO SILVA, City Clerk of the City of Livingston

 

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