Conditional Use Permit 2013-04. Roberto Ramirez has applied for a Conditional Use Permit to renovate, relocate and expand an existing non-conforming house within the Highway Service Commercial Zoning District (C-3) at 428 Simpson Avenue, Livingston, CA.

LIVINGSTON CA / June 09, 2013 —

Meeting Date: June 11, 2013

Note from TheGardeningSnail: The following contains excerpts from the Staff Report and Attachments. Copy from the Agenda Packet follows the text.

Conditional Use Permit 2013-04. Roberto Ramirez has applied for a Conditional Use Permit to renovate, relocate and expand an existing non-conforming house within the Highway Service Commercial Zoning District (C-3) at 428 Simpson Avenue, Livingston, CA

PROJECT DESCRIPTION:

The proposed project is the relocation, expansion and renovation of an existing house in the Highway Service Commercial (C-3) zoning district. Because housing in not a permitted use in the C-3 zone, the subject house is considered an existing non-conforming use. Pursuant to Section 5-6-5.H. of the Zoning Regulations, a use permit is required for all non-conforming expansion projects in any Commercial or Residential District.

The existing house on the site was constructed several decades ago, prior to the property being rezoned from Residential to Highway Service Commercial. At some point after the original construction was completed, an addition was constructed at the rear of the house, and included a relocated kitchen, dining area and bathroom. The City has no building records for any addition at the site. The addition is of substandard construction, and is proposed to be re-built, and will contain the same uses as currently existing. The addition is also proposed to be of the same size and configuration as existing.

The house also includes a covered porch at the front. This porch is proposed to be enclosed, and will expand the habitable floor space of the house by 35 square feet, resulting in a total area for the house of 673 square feet.

On January 8, 2013, the Planning Commission approved Resolution No. 2013-01, approving Conditional Use Permit 2012-06 to renovate and expand the rear portion of the house. During the renovation effort in April 2013, the house collapsed and had to be completed demolished. The applicant subsequently came to City Hall to inquire about options for moving forward with project, refer to attached letter dated May 3, 2013.

In speaking with applicant, staff suggested that applicant consider relocating the building away from the rear and side property line to meet fire code requirements. The lot is small measuring 47.5 feet by 50 feet for a total of lot area of2,375 square feet. Relocating the building away from the rear and side yards will require the demolition of the existing and aged storage building.

It would also result in a reduced front yard setback of 15 feet.

Allowing the relocation, maintaining its previously approved expansion and renovation of the house will benefit the property, the neighborhood with a structure that is built up to current building code, improving property values of adjacent properties as well as serve to eliminate blighting conditions in the neighborhood.

On February 5, 2013, the City Council adopted Resolution 2013-04, which includes an intention to consider the possible rezoning parcels within the City bounded by Highway 99, Stefani Avenue, Swan Street and Franci Street that currently zoned C-3 (Highway Service Commercial), but are developed with residential uses. The City Council has subsequently elected to consider this change as part of the overall General Plan update.

In following the intention of the City Council, it makes sense to consider treating residentially developed properties in this area as eventually being rezoned from Highway Commercial to Low Density Residential. This effort is further supported by the City 1999 General Plan and 2003- 2008 Housing Element as it conserves and improved the existing housing stock in the City.

CONDITIONAL USE PERMIT:

Pursuant to LMC Section 5-6-9 Use Permits, the following findings of fact shall be met in order for the Planning Commission to approve the CUP:

a. The site for the proposed use is adequate in size and shape to accommodate said use and all yards, spaces, walls and fences, parking, loading, landscaping, and other features required by the zoning code. The project site is approximately 2,400 square feet. The project plans show that the existing footprint of the house will be expanded, and relocated to meet required setbacks of the R-1 zone (5feet required for rear and side property lines.)

b. The site for the proposed use is served by streets and highways adequate to carry the quantity and kind of traffic generated by the proposed use. The project is served by Simpson Avenue. The project site is adequately served by this street. No intensification of use is proposed; therefore, Simpson Avenue will continue to be adequate to carry the quantity and kind of traffic generated by the use.

c. Public facilities are currently adequate to serve the proposed use or improvements are included in an approved Capital Improvement Plan or otherwise will be complete prior to the issuance of building permits. All utilities currently serve the property, and no additional utilities are required.

d. The proposed development is consistent with the General Plan. Goal 5 of the Housing Element of the City of Livingston General Plan promotes the improvement and maintenance of the existing housing stock through conservation and preservation efforts in specific neighborhoods and throughout the City. The proposed project will result in the improvement and preservation of the existing house, and will, therefore, be consistent with Goal 5 of the 2003-2008 Housing Element of the General Plan.

ENVIRONMENTAL STATUS:

The Project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15301, Existing Facilities.

RECOMMENDATION:

Staff recommends that the Planning Commission adopt the Resolution approving Conditional Use Permit 2013-04 for the relocation, expansion and renovation of a nonconforming house at 428 Simpson Avenue.

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