4 Waive the Second Reading and Adopt Ordinance No. 620 of the City Council of the City of Livingston Amending the City of Livingston Zoning Map.

Meeting Date: OCTOBER 07, 2014

Agenda Item #4. Waive the Second Reading and Adopt Ordinance No. 620 of the City Council of the City of Livingston Amending the City of Livingston Zoning Map.

Note from TheGardeningSnail. Part (or all) of this page was produced by running a PDF Image File through a program that converts Image to Text. Apologies for any Textual Gremlins that may have crept in.


AGENDA ITEM: Waive the Second Reading and adopt Ordinance No. 620, of the City Council of the City of Livingston Amending the City of Livingston Zoning Map.

MEETING DATE: October 7, 2014

PREPARED BY: Holly R. Owen, Associate Planner

REVIEWED BY: Jose Antonio Ramirez, City Manager



Waive the Second Reading and adopt Ordinance No. 620 of the City Council of the City of Livingston amending the City of Livingston Zoning Map.

On September 16, 2014, the City Council heard the request of Mr. Rigoberto Espinoza to approve a General Plan Amendment, Rezone and Site Plan/Design Review for the project, located at the northwest comer of Campbell Avenue and Industrial Drive in the City of Livingston. As that request required a change to the City of Livingston Zoning Map, an Ordinance was required. On September 16, 2014, after public hearing and discussion, the first reading was waived and the City Council introduced Ordinance No. 620 with a 4-0-1 vote. Mayor Espinoza abstained due to conflict of interest.


The property is currently a vacant lot and a proposed project for an automobile towing, storage and repair facility has been submitted for the 1.14 acre parcel, located on the northwest comer of Campbell Avenue and Industrial Drive.

It is located north of Highway 99 and across Industrial Drive to the west of the Fresenius Medical Care facility. The property to the west of the site is undeveloped at present.

The site is currently zoned Highway Commercial (C-3). As an automobile repair and storage facility is not a permitted use in the C-3 zoning district, but allowed in the Limited Industrial (M-1) zoning district, a rezone (C-3 to M-1) is required.

In addition, a General Plan Amendment (from Highway Commercial to Limited Industrial) to maintain consistency between the two maps is required.

Finally, Site Plan/Design Review is also required for all new development in the C-3 and M-1 zoning districts.


The proposed project is oriented on an east-west alignment with the entrance to the building at the north side of the building. The project will include the following features:

– 11,000 square foot building metal exterior, divided into several offices and storage space,

– Auto body shop area,

– 19 parking spaces, including two ADA spaces,

– Approximately 14,000 square foot fenced in storage area for impounded autos, with several gates toward the far west end of the project, and

– a trash enclosure towards the north side of the project.

The site plan proposes two entrances for ingress and egress. Lighting, both security and parking lot lighting will be required. A six-foot-high ornamental iron or slatted chain link fence is proposed to secure the property.


A. Off-street Parking Requirements and Exterior:

Although the Off-Street Parking Requirements are clear for many uses in the Livingston Municipal Code, this use is a hybrid of sorts for determining parking requirements.

For a service repair station, a project of this size would require eight (8) parking spaces. On the other hand, for motor vehicle, machinery and garage repairs, this project would require seven (7) spaces, including employee parking.

In any event, Staff has determined that the proposed parking is adequate for the use, provided that tow truck parking is limited to behind the gated area, leaving the designated public parking to be available to either customers, employees, or, if needed, the access to the building by a public safety vehicle, such as a fire truck. This will be added as a requirement to the Conditions of Approval.

In addition, Section 5-4-5(8) of the Livingston Municipal Code states that "No sale, storage, repair work, dismantling or servicing of any kind shall be permitted in required parking spaces." This would require the applicant to do any of the work mentioned above to be limited to a space not designated as a parking space.

B. Off-site Street Improvements. The applicant will be required to provide all street improvements consistent with City Standards. In particular, this will require all improvements in accordance with the City of Livingston’s Standard Specifications along Industrial Drive and Campbell Boulevard, as approved by the City Engineer and Public Works Director.

C. Utility Plans. The project will need to submit preliminary utility plans showing existing utilities and proposed connections. A preliminary design and layout for storm drainage is needed for the project prior to the issuance of a building permit. The proposed design and improvements will be required to be submitted, reviewed and approved by the City of Livingston City Engineer and Public Works Director prior to the issuance of a building permit.

D. Architectural Design and Style. The architectural style will be in keeping with the surrounding industrial area. Signage will be allowed with a City of Livingston Sign Permit and will conform to City Standards for allowed design and size.


The proposed development occurs within City limits on a 1.14 acre parcel. The parcel is surrounded by facilities that have like uses, with light manufacturing being the dominant use. There are no residential uses near the proposed project. It is anticipated that the project site has no value as habitat for endangered, rare, or threatened species, nor are there are any adopted habitat conservation plans that apply to the project site. The project is less than one (1) mile from both the Fire Department and Police Station.

The Initial Study public comment period has closed, and no comments were received.

A Notice of Determination will be filed with the Merced County Clerk within five (5) days of Project approval.


The proposed project is consistent with the following 1999 General Plan objectives, policies and standards:

Objective 3.4.A: Promote industrial sites which are functional, have adequate public services, and have access to major streets and railroads.

3.4.A.2 Policies, Standards: Promote a mix of industrial uses that provide the City with a sound, diverse industrial base, and which is consistent with the City’s infrastructure constraints.

3.4.A.3: Locate industry with access to major streets, truck routes and rail service.


Although no findings are required for a General Plan Amendment and Rezone per se, it stands to reason that the rezone should bring the proposed use in conformance with the proposed uses allowed in the zoning district.

In addition, the project should be adequately served with existing infrastructure, both from a utilities standpoint as well as consideration of possible traffic impacts. The project should also not create excess noise, but should operate in a way that is in harmony with the surrounding area.

Finally, the General Plan Amendment process is to allow for positive and regular changes to the City’s long-range plan, while supporting the goals and vision of the City contained in the General Plan.

Staff is recommending that the City Council Waive the Second Reading and adopt Ordinance No. 620 to amend the General Plan map of the City of Livingston.



1. Ordinance No. 620, Amending the Zoning Map of the City of Livingston Attachment "A" – Conditions of Approval














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