Introduce and Waive the First Reading of Ordinance No. ____, an Ordinance of the City Council of the City of Livingston Amending Livingston Municipal Code Sections 1-18-11(A), 4-6-3, 4-2-8-2(A)(3), 4-2-8-2(A)(4), 8-2-1, and Zoning Ordinance Sections 5-3-16 (Table 7), 5-5-8(E) (Table 12), and 5-4-7(C).

Meeting Date: February 04, 2014

Agenda Item #1. Introduce and Waive the First Reading of Ordinance No. ____, an Ordinance of the City Council of the City of Livingston Amending Livingston Municipal Code Sections 1-18-11(A), 4-6-3, 4-2-8-2(A)(3), 4-2-8-2(A)(4), 8-2-1, and Zoning Ordinance Sections 5-3-16 (Table 7), 5-5-8(E) (Table 12), and 5-4-7(C).

Note from TheGardeningSnail: Parts of this page may have been prepared by running a PDF file through a program that converts Image to Print. So there may be a few textual Gremlins that have slipped in. I may also have broken up some of the longer paragraphs, for easier reading.

STAFF REPORT

AGENDA ITEM: Public Hearing Introduce and Waive the First Reading of Ordinance No. _, of the City Council of the City of Livingston, Amending Livingston Municipal Code Sections 1-18-11 (A), 4-6-3, 4-2-8-2 (A)(3), 4-2-8-2(A)(4), 8-2-1, and Zoning

Ordinance Sections 5-3-16 (Table 7), 5-5-8(E) (Table 12), and 5-4-7 (C).

MEETING DATE: February 4, 2014

PREPARED BY: Holly R. Owen, Contract Associate Planner

REVIEWED BY: Jose Antonio Ramirez, City Manager

RECOMMENDATION:

Introduce and Waive the First Reading of Ordinance No. _ , of the City Council of the Livingston Amending Livingston Municipal Code Sections 1-18-11 (A), 4-6-3, 4-2-8-2 (A)(3), 4-2-8-2(A)(4) , 8-2-1, and Zoning

Ordinance Sections 5-3-16 (Table 7), 5-5-8 (E) (Table 12), and 5-4-7 (C).

BACKGROUND AND DISCUSSION:

These Municipal Code Text Amendments, including Zoning Ordinance Text Amendments (heretofore referred to as ‘TEXT AMENDMENTS’) are being brought before City Council as a continuation of Planning Commission actions and recommendations provided by Planning Commission Resolution No. 2013-15 and 2014-02 to consider changes in the Livingston Municipal Code.

In 2013, Sterling Codifiers, a national codifier company, was contracted by the City to update the Livingston Municipal Code, including the Zoning Ordinance, with new material as it is approved and adopted by the City. Part of their service is to review the content of the code for provisions that are conflicting, duplicated, inconsistent, obsolete or contain vague language.

Sterling Codifiers, as part of their assessment, contacted the City with a list of questions and comments that they identified as in need of clarification. This action follows that request. In addition, it was discovered by Staff that Ordinance 607, (adopted on August 20, 2013 by the City Council) contained an internal inconsistency. Although the ordinance changed the development standard in the R-2 Zone District from a minimum lot area of 6,000 square feet to 5,500 square feet, Table 7 (Lot Configurations, LMC 5-3-16) was not changed, and the required 3,000 square feet per dwelling unit remained.

In conjunction with the various changes recommended by Sterling Codifiers, Staff has taken the opportunity to correct this oversight. In the central section of the City, twenty-two of the thirty-five lots located in the R-2 area bounded by Fourth Street, "E" Street, Seventh Street and "F" Street are less than 6,000 square feet and are not allowed to build more than one dwelling unit if this 3,000 square foot requirement is not changed.

Staff determines that this is not consistent with the intent of the R-2 Zone, with the intent of Ordinance 607, nor with the policies and goals of the 1999 General Plan or Livingston Housing Element, which seek to encourage greater density in the core City area as well as provide to the community a variety of housing types and price ranges.

The Planning Commission, at its December 10, 2013 and again at its January 14, 2014 regular meeting, adopted Resolutions No. 2013-15 and 2014-02 in an effort to address and correct these errors and inconsistencies.

Approval of these changes by Council will not only allow interested parties to go forward with their applications for building permits, but will hasten the process of legally incorporating a number of ordinances into the existing Livingston Municipal Code as specified in the scope of work outlined in Sterling Codifiers’ contract.

Therefore, Staff recommends to the City Council that they review and approve Resolutions 2013-15 and 2014-02 of the Planning Commission meetings of December 10, 2013 and January 14, 2014, and approve Ordinance_, approving changes to the Livingston Municipal Code as identified in Exhibit "A”, and to the Livingston Zoning Ordinance as identified in Exhibit "B".

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