Meeting Date September 03, 2013
Agenda Item #4. Resolution Conditionally Approving Site Plan/Design Review 2013-2 for Livingston Farm Supply.
AGENDA ITEM: Resolution Conditionally Approving Site Plau/Design Review 2013-02 for Livingston Farm Supply.
MEETING DATE: September 3, 2013
PREPARED BY: Holly R Owen, Contract Associate Planner
REVIEWED BY: Jose Antonio Ramirez, City Manager
Adopt Resolution conditionally approving Site Plan/Design Review 2013-02 for Livingston Farm Supply.
This Site Plan Design Review 2013-02 – Livingston Farm Supply Building Addition, was brought before Planning Commission and approved by them on August 13, 2013. The applicant, Jim Fernandes Construction, Inc., proposes to construct a 4,176 square foot building addition to an existing 5,000 square foot agricultural business facility on a 6.6 acre parcel located 2380 Walnut Avenue (generally located on the south side of Walnut Avenue, east of Industrial Drive in the M-1, Limited Industrial zone district, APN: 023-060-004). The property is also developed with a mini storage facility and other office suites.
The proposed project is an addition to an existing commercial use in the M-1, Limited Industrial zone district on approximately 6.6 acres. The property is currently an agricultural supply store located east of Hammatt Avenue and on the south side of Walnut Avenue. The site’s General Plan designation of Limited Industrial is appropriate. An equipment sales, rental and repair store is a permitted use in the Limited Industrial zoning district. The Site Plan/Design Review process is an appropriate entitlement for this project at this time.
This Site Plan Design Review 2013-02 – Livingston Farm Supply Building Addition, was brought before Planning Commission and approved by them with conditions on August 13, 2013.
SITE PLAN DESIGN REVIEW:
Project elevations propose a one story building that is an addition to the existing building. The addition will serve as a combination of new retail space as well as an additional storage area. Eight new parking spaces will be added as a requirement for the increased square footage.
The Planning Commission recommended approval of the Project, with conditions, by a vote of 5-0 at their regular meeting of August 1 3, 2013.
The Project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA Guidelines Section 15301 Existing Facilities). Class 1 in this instance consists of projects involving negligible or no expansion of an existing use, provided that it meets the criteria below: projects characterized as in-fill development meeting the conditions described below:
15301 [(e) (2)]: Additions to existing structures provided that the additions will not result in an increase of more than I 0,000 square feet if:
(A) The project is in an area where all public services and facilities are available to allow for maximum development possible in the General Plan; and
(B) The area in which the project is located is not environmentally sensitive.
A Notice of Exemption will be filed with the Merced County Clerk within five (5) days of Project approval by the City Council.
Permit fees and tax dollars.
I . Site Plan I Design Review Resolution 2013-_ with Exhibit A, Conditions of Approval
2. Planning Commission Resolution 2013-13
3. Location and Zoning Map
4. Site Plan and Elevations
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING SITE PLAN/DESIGN REVIEW 2013-02
FOR THE LIVINGSTON FARM SUPPLY ADDITION AT 2380 WALNUT AVENUE
WHEREAS, Jim Fernandes has submitted Site Plan/Design Review 2013-02 for an addition to an exiting agricultural business facility to be located at 2380 Walnut Avenue (023-060-004); and
WHEREAS, this project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA Guidelines Section 15301 Existing Facilities). A Notice of Exemption will be filed with the Merced County Clerk within five (5) days of Project approval by the City Council; and
WHEREAS, Staff has reviewed the plans and elevations with reference to the adopted Livingston Design Guide and distributed the plans for outside agency comments.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts Resolution 2013-_, approving Site Plan/Design Review 2013-02 for Livingston Farm Supply based on the following facts:
1. The Project is consistent with its General Plan land use designation of Limited Industrial, because General Plan Objective 3.4(A) ensures the provision of industrial sites which are functional, have adequate public services, and have access to major streets and railroads. Livingston Farm Supply is a successful commercial enterprise along Walnut Avenue.
2. The Project is located in the M-1, Limited Industrial, zoning district and is similar in nature and operation to other uses in that zone and compatible with surrounding uses in the area.
3. The Project is a temporary use of the property and will not permanently change the physical attributes of the property, as the entire structure could be removed if the function of the area changes in the future. The structure could convert to another retail use under its existing zoning.
4. The Project will not have adverse visual impacts and will have minimal impact on the overall appearance of the existing commercial area.
5. The Project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA Guidelines Section 15301, Existing Facilities). The project is consistent with its General Plan designations; occurs within City limits on a site not larger than five (5) acres substantially surrounded by similar urban uses; has no value as habitat for endangered, rare or threatened species; its approval would not result in any significant effects relating to traffic, noise, air quality or water quality; and the site can be adequately served by all required utilities and public services.
6. That a notice of public hearing was properly prepared, posted at the City’s normal posting sites, published in the Livingston Chronicle on August 24, 2013, and mailed to adjacent property owners within 300 feet of the site in accordance with State law.
7. That a public hearing to consider the Project was held by the Planning Commission on August 13, 2013, and all written and oral testimony presented was considered by the Planning Commission prior to their recommendation of Project approval to the City Council.
8. That the Project, subject to conditions, will meet all City requirements, standards, and specifications including design, parking, landscaping, fencing, signage, and zoning.
BE IT FURTHER RESOLVED, that the City Council hereby adopts Resolution 2013-_, approving Site Plan/Design Review 2013-02 for Livingston Farm Supply subject to the attached conditions of approval and Exhibit A:
1. Development shall proceed and be completed so as to be substantially in accordance with the site plan and elevations received by the Livingston Planning Department and stamped on July 3, 2013, except as modified by the conditions contained in this resolution.
2. Pursuant to Livingston Municipal Code Section 5-1-3 (F), if an applicant shall fail to take substantive action (i.e. apply for a building permit) with the City within twenty-four (24) months of site plan approval to advance in the process, the approval shall be deemed withdrawn; provided, however, that no approval shall be deemed withdrawn if the applicant is incapable of advancing its project due to any statutory or other legal requirement.
Passed and adopted this 3rd day of September, 2013, by the following vote:
Rodrigo Espinoza, Mayor of the City of Livingston
I, hereby certify that the foregoing Resolution was regularly introduced, passed, and adopted at a regular meeting of the City Council of the City of Livingston, this 3rd day of September 2013.
Betty Cota, Deputy City Clerk of the City of Livingston