2 Public Hearing – Resolution Approving General Plan Amendment 2011-01, Rezone 2011-01,and Site Plan/Design Review 2014-02 (Always Towing), and Introduce and Waive the First Reading of Ordinance No. ___, Amending the City of Livingston Zoning Map.

Meeting Date: September 16, 2014

Agenda Item #2. Public Hearing – Resolution Approving General Plan Amendment 2011-01, Rezone 2011-01,and Site Plan/Design Review 2014-02 (Always Towing), and Introduce and Waive the First Reading of Ordinance No. ___, Amending the City of Livingston Zoning Map.

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STAFF REPORT

AGENDA ITEM: Public Hearing – Resolution Approving General Plan Amendment 2011-01, Rezone 2011-01, and Site Plan Design Review 2014-02 (Allways Towing), and Introduce and Waive the First Reading of Ordinance No. _, amending the City of Livingston Zoning Map.

MEETING DATE: September 16, 2014

PREPARED BY: Holly R. Owen, Associate Planner

REVIEWED BY: Jose Antonio Ramirez, City Manager

RECOMMENDATION:

Adopt Resolution approving General Plan Amendment 2011-01, Rezone 2011-01 and Site Plan/Design Review 2014-02 for Mr. Rigoberto Espinoza (Allways Towing), and Introduce and Waive the First Reading of Ordinance No. , amending the City of Livingston General Plan map.

It is recommended that the City Council take action on the following:

A resolution for adoption of a Negative Declaration as the environmental finding for the project;

A resolution for an amendment of the site’s General Plan land use designation from "Highway Commercial" to "Limited Industrial";

Introduction of an ordinance to change the zoning of the site from C-3 (Highway Commercial) to M-1 (Limited Industrial);

A resolution approving a Site Plan/Design Review for development of the site with an automobile towing, repair and storage facility.

BACKGROUND:

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.

SITE PLAN/DESIGN REVIEW:

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.

PROJECT CONSIDERATIONS AND STAFF COMMENTS:

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.

ENVIRONMENTAL STATUS:

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.

GENERAL PLAN CONSISTENCY:

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.

RECOMMENDATION:

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 Introduce and Waive the First Reading of Ordinance No. _ to amend the General Plan map, and recommending to the City Council the approval of General Plan Amendment 2011-01, Rezone 2011-01 and Site Plan/Design Review 2014-02 with the attached conditions of approval.

ATTACHMENTS:

1. Council Resolution 2014-_, Adopting GPA 2011-01

2. Council Resolution 2014-_, Adopting Mitigated Negative Declaration Attachment "A", Proposed Mitigated Negative Declaration

3. Council Resolution 2014-_, Conditionally Approving Site Plan/Design Review 2014-02 Exhibit "A”, Conditions of Approval

4. Council Ordinance No. _, Amending the Zoning Map Exhibit "A", General Plan Designation Map

5. Planning Commission Resolution 2014-07

6. Location and Zoning Maps

7. Site Plan and Elevations

RESOLUTION 2014-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON ADOPTING GENERAL PLAN AMENDMENT 2011-01

FOR AN AUTOMOBILE TOWING, REPAIR AND STORAGE FACILITY

WHEREAS, Mr. Rigoberto Espinoza has submitted Site Plan/Design Review 2014-02, Rezone 2011-01, and General Plan Amendment 2011-01 for an automobile towing, repair and storage facility to be located at the northwest comer of Campbell Drive and Industrial Boulevard (Assessor Parcel Number 023-070- 008); and

WHEREAS, the application had triggered a General Plan Amendment and zone change for the site. The General Plan Amendment proposes to amend the land use designation for the site from Highway Commercial to Limited Industrial , and the zone change proposes to apply the M-1 (Limited Industrial)zone to the site; and

WHEREAS, the Planning Commission conducted a public hearing on this matter on September 16, 2014 and voted unanimously to recommend approval of the General Plan Amendment and zone change; and

WHEREAS, property owners within 300 feet of the subject parcel were notified of the City Council’s meeting and a public hearing notice was published ten (10) days prior to the City Council’s meeting; and

WHEREAS, the Planning Department has prepared a staff report and environmental finding; and

WHEREAS, the City Council held a public hearing on this action and accepted testimony.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts Resolution 2014-_, approving General Plan Amendment 2011-01 for Allways Towing based on the following facts:

1) The proposed project is consistent with the 1999 General Plan objectives, policies and standards.

2) The City has prepared an Initial Environmental Study, consistent with the requirements of the California Environmental Quality Act (CEQA). The study determined the project would not have significant effects on the environment, provided that mitigation measures have been identified that will reduce these impacts to a less than significant level. Accordingly, a mitigated Negative Declaration has been prepared and adopted.

3) The proposed action will not have an adverse impact on the health, safety and welfare of residents in the neighborhood or community.

NOW THEREFORE BE IT FURTHER RESOLVED that the City Council hereby adopts Resolution 2014-_, approving General Plan Amendment 2011-01.

Passed and adopted this 16th day of September, 2014 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Rodrigo Espinoza, Mayor of the City of Livingston

ATTEST:

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 16th day of September, 2014.

Antonio Silva, City Clerk of the City of Livingston