Zoning Ordinance Text Amendment 2013-05, Livingston Municipal Code (LMC) 5-5-6:C, Second Residential Units. The City Manager has initiated a zoning ordinance text amendment to amend the Zoning Code to reduce the minimum lot area space requirement needed to develop a second residential unit in the R-1 and R-2 zone districts and to take public comment, determine General Plan consistency, and make a recommendation to the City Council.

LIVINGSTON CA / July 08, 2013 —

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a. Zoning Ordinance Text Amendment 2013-05, Livingston Municipal Code (LMC) 5-5-6:C, Second Residential Units. The City Manager has initiated a zoning ordinance text amendment to amend the Zoning Code to reduce the minimum lot area space requirement needed to develop a second residential unit in the R-1 and R-2 zone districts and to take public comment, determine General Plan consistency, and make a recommendation to the City Council.

Agenda Item #: 4a.

Meeting Date: July 9, 2013

Report Date: July 3, 2013

CITY OF LIVINGSTON PLANNING COMMISSION STAFF REPORT

CITY FILE NUMBER: Zoning Code Text Amendment 2013-05 Amendment of Livingston Municipal Code Section 5-5-6:C, Second Residential Units.

OWNER/APPLICANT: Livingston City Council City of Livingston 1416 ‘C’ Street Livingston, CA 95334

PROJECT LOCATION: Citywide

PROPOSED ACTION: Adopt Resolution 2013-_ finding General Plan consistency and recommending that the City Council approve the proposed amendments to Livingston Municipal Code Section 5-5-6:C, Second Residential Units.

PREPARED BY: Miguel A. Galvez, Contract Associate Planner

Property Size: Existing Land Use:

General Plan Land Use Designation:

Zoning:  All R-1 and R-2 Residential Zones

Street Access:

**********************

Adjacent General Plan Land Use Designation & Zoning District:

The proposed amendment would be applicable to all R-1 and R-2 residential zoning districts. PROJECT DESCRIPTION AND BACKGROUND:

The proposed Zoning Code Amendment would amend provisions in the Zoning Code to reduce the minimum lot area space requirement needed to develop a second residential unit in the R-1 and R-2 zone districts as permitted by State of California Government Code Section 65852.2; and increase the floor area percentage of the second dwelling unit.

Livingston Municipal Code Section 5-6-2:B.4 allows the City Manager to initiate an amendment to the Zoning Code or initiate a rezoning to the City of Livingston Zoning Map. The City Manager has directed staff to initiate a zoning code amendment to amend existing zoning provisions that will reduce the minimum lot area requirement. Planning staff is proposing that the minimum lot area requirement for second dwelling units be reduced from 6,000 square feet to 5,500 square feet in the R-1 and R-2 zone district. Planning staff also proposes that the maximum floor area percentage of the second dwelling unit be increased from thirty percent (30%) to eighty percent (80%) of the living area of the primary unit, up to a maximum of 1,200 square feet (currently the maximum allowed in the Livingston Municipal Code and State Law).

DISCUSSION:

1. Second Residential Unit Minimum Development Requirements

Presently, there are circumstances in the City of Livingston when applying the zoning code’s development standards for second residential units will not allow second units in R-1 and R-2 zoned properties because the existing lot size does not meet the minimum lot area of 6,000 square feet.

Properties bounded by Fourth Street, "E" Street, Seventh Street and "F" Street are zoned R-2, Medium Density Residential and fall into this situation. Twenty-two of thirty-five of these R-2 zoned lots have less than 6,000 square feet. Furthermore, these R-2 lots of less than 6,000 square feet are not able to be developed with two dwelling units as each dwelling unit requires 3,000 square feet of lot area per dwelling unit. Consequently, these R-2 zoned lots can only be developed with one dwelling unit, making the R-2 zone density unpractical. See attached Assessor’s plat map for lot dimensions.

In addition, there are many R-1 lots in the City which have less than 6,000 square feet and a second residential unit is not allowed.

2. Housing Element Goals and Second Dwelling Unit Intent

The current adopted 2003-2008 Housing Element contains the following goals and policies:

A. 2003-2008 Housing Element Goal 1: Housing and Economic Diversity: Promote the development of a balanced residential environment, including a range of housing types, with access to employment opportunities, community facilities, and adequate services to meet the needs of residents and persons working in Livingston.

Policy 1.1) Encourage the development of an assortment of housing types at various prices in order to maintain a diverse housing stock for residents of all income levels.

B. 2003-2008 Housing Element Goal 2: Adequate Sites: Maintain an adequate supply of appropriately zoned sites in order to meet Livingston’s Housing Needs.

Policy 2.2) Encourage infill housing in residential districts where services and infrastructure are available.

C. 2003-2008 Housing Element Goal 3: Addressing Governmental Constraints: Identify and, where appropriate, remove government constraints to the maintenance, improvement and development of housing, especially housing affordable to low and moderate-income households and special needs groups.

Policy 4.2) Provide flexibility in zoning and land use controls to accommodate and encourage affordable housing development.

It is the intent of the State of California and the City to facilitate the development of housing that is affordable to low and lower income households. Amending the City’s Zoning Code will continue the City efforts to provide increased opportunities for the development of housing (such as second dwelling units) that is affordable to households earning less than the median area income in Livingston.

ZONING ORDINANCE AMENDMENT:

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:

5-5-6: SECOND RESIDENTIAL UNITS

A. INTENT: The second residential unit section of the Zoning Regulations authorizes the establishment of second units in detached single-family homes consistent with State Law (California Government Code Sections 65852.150 through 65852.2). Implementation of this section is intended to expand housing opportunities for low- and moderate-income or special needs households by increasing the number of rental units available within existing neighborhoods while maintaining the primary single-family residential character of the area. Second dwelling units are intended to provide livable housing at lower costs while providing greater security, companionship and family support for the occupants.

B. PERMITTED USE: Second dwelling units are permitted by right in all R-1 and R-2 residential zoning districts in compliance with regulations herein.

C. DEVELOPMENT STANDARDS: The development standards in this section are intended to supplement the standards in the underlying zoning districts for second dwelling units.

1. One second-dwelling unit shall be permitted per lot in conjunction with an existing single-family dwelling (primary dwelling unit).

2. The lot in which a second dwelling unit is proposed shall have a minimum lot area of 6,-000 5,500 square feet.

3. The second dwelling unit shall have a floor area not to exceed W 80 percent of the living area of the primary unit, up to a maximum of 1,200 square feet. Units in excess of 600 square feet shall be subject to Site Plan Design Review.

4. A second dwelling unit may be within, attached to, or detached from the existing primary dwelling unit. If within or attached, the second dwelling unit shall comply with all required building setbacks for the primary unit. If detached, the second unit shall be separated from the primary units by a minimum often feet and shall comply with required building setbacks for an accessory building/structure.

5. Second dwelling units shall comply with the height restrictions of the underlying zoning district.

6. The Second dwelling unit shall not be offered for sale; rental of the unit shall be permitted.

GENERAL PLAN CONSISTENCY:

The proposed amendment of LMC Section 5-5-6: C is consistent with the adopted 1999 Livingston General Plan policies listed below:

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

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

3.2.B.5: In order to encourage infill development, flexible design standards should be developed which meet the intent of the General Plan.

ENVIRONMENTAL STATUS:

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.

RECOMMENDATION:

Staff recommends that the Planning Commission find General Plan consistency and make recommendation to the City Council to approve Zoning Code Text Amendment 2013-05.

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ATTACHMENTS:

1. Assessor’s Plat Map Pages: 024-170 and 024-180

2. Planning Commission Resolution 2013-_.

Assessors MapAssessors Map 2

RESOLUTION 2013

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LIVINGSTON DETERMINING GENERAL PLAN CONSISTENCY AND RECOMMENDING TO THE CITY COUNCIL APPROVAL OF ZONING ORDINANCE AMENDMENT 2013-05 AMENDING LIVINGSTON MUNCIPAL CODE SECTIONS 5-5-6.C

SECOND DWELLING DEVELOPMENT STANDARDS

WHEREAS, the Livingston Municipal Code Section 5-6-2:B.4 allows the City Manager to initiate an amendment to the Zoning Code; and

WHEREAS, the Livingston City Manager has directed staff to initiate a zoning code amendment to amend zoning code provisions relating to the development standards for second residential units; and

WHEREAS, there exist many R-1 and R-2 zoned properties that have less than the minimum 6,000 square foot lot area requirement for the development of a second residential nnit; and

WHEREAS, the City of Livingston is interested in furthering adopted housing goals of maintaining an adequate supply of appropriately zoned sites that can accommodate a variety of housing products; and

WHEREAS, the City of Livingston is interested in amending its Zoning code to facilitate the development of second dwelling units; and

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

WHEREAS, the Proposal is exempt from the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15378(b)(5), is not considered a project. The proposed amendment to the Livingston Municipal Code is a government administrative activity 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; and

WHEREAS, the proposed amendment of LMC Section 5-5-6: C is consistent with the adopted 1999 Livingston General Plan policies listed below:

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

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

3.2.B.5: In order to encourage infill development, flexible design standards should be developed which meet the intent of the General Plan.

And consistent with the 2003-2008 Housing Element goals and policies listed below:

A. 2003-2008 Housing Element Goal 1: Housing and Economic Diversity: Promote the development of a balance residential environment, including a range of housing types, with access to employment opportunities, community facilities, and adequate services to meet the needs of residents and persons working in Livingston.

Policy 1.1) Encourage the development of an assortment of housing types at various prices in order to maintain a diverse housing stock for residents of all income levels.

B. 2003-2008 Housing Element Goal 2: Adequate Sites: Maintain an adequate supply of appropriately zoned sites in order to meet Livingston’s Housing Needs.

Policy 2.2) Encourage infill housing in residential districts where services and infrastructure are available.

C. 2003-2008 Housing Element Goal 3: Addressing Governmental Constraints: Identify and, where appropriate, remove government constraints to the maintenance, improvement and development of housing, especially housing affordable to low and moderate-income households and special needs groups.

Policy 4.2) Provide flexibility in zoning and land use controls to accommodate and encourage affordable housing development.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission adopts Resolution 2013- , recommending approval of Zoning Ordinance Text Amendment 2013-05.

BE IT FURTHER RESOLVED that the Livingston Planning Commission adopts Resolution 2013- , determining General Plan consistency and recommending to the City Council approval of Zoning Ordinance Amendment 2013-05, amending the Livingston Municipal Code Section

5-5-6 as identified on Exhibit A.

The foregoing resolution was introduced and moved for adoption on July 9, 2013, by

Commissioner

by the following vote:

, and being duly seconded by Commissioner

, was passed

AYES:

NOES:

ABSENT:

   

ABSTAIN:

   

ATTEST:

Chair, LUIS ENRIQUE FLORES Secretary of the Planning Commission,

MIGUEL A GALVEZ (Contract Planner)

Exhibit A

5-5-6: SECOND RESIDENTIAL UNITS

A. INTENT: The second residential unit section of the Zoning Regulations authorizes the establishment of second units in detached single-family homes consistent with State Law (California Government Code Sections 65852.150 through 65852.2). Implementation of this section is intended to expand housing opportunities for low- and moderate-income or special needs households by increasing the number of rental units available within existing neighborhoods while maintaining the primary single-family residential character of the area. Second dwelling units are intended to provide livable housing at lower costs while providing greater security, companionship and family support for the occupants.

B. PERMITTED USE: Second dwelling units are permitted by right in all R-1 and R-2 residential zoning districts in compliance with regulations herein.

C. DEVELOPMENT STANDARDS: The development standards in this section are intended to supplement the standards in the underlying zoning districts for second dwelling units.

1. One second-dwelling unit shall be permitted per lot in conjunction with an existing single-family dwelling (primary dwelling unit).

2. The lot in which a second dwelling unit is proposed shall have a minimum lot area of 5,500 square feet.

3. The second dwelling unit shall have a floor area not to exceed 80 percent of the living area of the primary unit, up to a maximum of 1,200 square feet. Units in excess of 600 square feet shall be subject to Site Plan Design Review.

4. A second dwelling unit may be within, attached to, or detached from the existing primary dwelling unit. If within or attached, the second dwelling unit shall comply with all required building setbacks for the primary unit. If detached, the second unit shall be separated from the primary units by a minimum of ten feet and shall comply with required building setbacks for an accessory building/structure.

5. Second dwelling units shall comply with the height restrictions of the underlying zoning district.

6. The Second dwelling unit shall not be offered for sale; rental of the unit shall be permitted.

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