Item No. 3 – Public Hearing a. General Plan Amendment 2011-01, Rezone 2011-01 and Site Plan Design Review 2014-02, Rigoberto Espinoza, Applicant. This is an application to allow an automobile towing, storage and repair facility on a 1.14 parcel located on the northwest corner of Campbell Avenue and Industrial Drive, currently zoned Highway Commercial (C-3) and designated Highway Commercial in the General Plan.

Meeting Date: AUGUST 12, 2014

Agenda Item:

Item No. 3 – Public Hearing

a. General Plan Amendment 2011-01, Rezone 2011-01 and Site Plan Design Review 2014-02, Rigoberto Espinoza, Applicant. This is an application to allow an automobile towing, storage and repair facility on a 1.14 parcel located on the northwest corner of Campbell Avenue and Industrial Drive, currently zoned Highway Commercial (C-3) and designated Highway Commercial in the General Plan.

Note from TheGardeningSnail, this page was produced by running a PDF File through software that converts Image to text. My apologies if any Textual Gremlins have crept in. I’ve also broken up some of the longer paragraphs.

Agenda Item #: 3a.

Meeting Date: August 12, 2014

Report Date: August 7, 2014

CITY OF LIVINGSTON PLANNING COMMISSION STAFF REPORT

CITY FILE NUMBER: Public Hearing – Site Plan/Design Review 2014-02 (AllwaysTowing), General Plan Amendment 2011-01, Rezone 2011-01

OWNER/APPLICANT: Allways Towing, Rigoberto Espinoza 328 Live Oak Way Livingston, CA 95334

PROJECT LOCATION: Industrial Drive, Livingston, CA (APN#023-070-008)

PROPOSED ACTION: Approval of Site Plan/Design Review 2014-02, General Plan

Amendment 2011-01 and Rezone 2011-01 for an automobile towing, storage and repair facility on a 1.14 acre parcel located on the northwest corner of Campbell Avenue and Industrial Drive, currently zoned Highway Commercial (C-3) and designated Highway Commercial (HC) in the General Plan. The proposed change to this parcel (APN 023-070-008) will be to Limited Industrial in the General Plan (LI) and to Limited Industrial (M-1) as a zoning designation.

PREPARED BY: Holly Owen, Associate Planner

Property Size: 49,658 square feet (1.14 acres)

Existing Land Use: Vacant land

General Plan Land Use Designation (Existing):

Zoning (Existing): Highway Commercial (HC) Highway Commercial (C-3)

Street Access: Industrial Drive, northwest corner of Campbell Avenue and Industrial Drive

Adjacent General Plan Land Use Designation & Zoning District:

North: Light Industrial and Limited Industrial (M-1)

South: Highway Commercial and Highway Commercial (C-3)

East: Highway Commercial & Highway Commercial (C-3)

West: Highway Commercial & Highway Commercial (C-3)

PROJECT DESCRIPTION:

The property is currently a vacant lot and a proposed project for an automobile towing, storage and repair facility on a 1.14 acre parcel located on the northwest corner 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 site 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, 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 traffic. 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, 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 is out for public comment, and any comments received after the review period will be considered in the Negative Declaration that will be presented to the City Council.

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.

FINDINGS AND 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 Planning Commission adopt Resolution 2014-_, 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.

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ATTACHMENTS:

1. Resolution 2014- Conditions of Approval, Exhibit "A"

2. Location Map

3. General Plan Designation Map

4. Zoning Map

5. Site Plan and Elevations

RESOLUTION 2014-

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LIVINGSTON RECOMMENDING TO THE CITY COUNCIL THE APPROVAL OF GENERAL PLAN AMENDMENT 2011-01, REZONE 2011-01 AND SITE PLAN/DESIGN REVIEW 2014-02 FOR ALLWAYS TOWING, APN#023-070-008

WHEREAS, the applicant, Rigoberto Espinoza, has submitted an application to the City of Livingston or a General Plan Amendment, Rezone, and Site Plan/Design Review for property located on Industrial Drive, Livingston, CA (Assessor Parcel Number 023-070-008); and

WHEREAS, the applicant is requesting approval of a General Plan Amendment to designate approximately 1.14 acres from Highway Commercial (HC) to Limited Industrial (LI) designation; and

WHEREAS, the applicant is requesting approval of a Rezone of a site from the existing zoning classification of Highway Commercial (C-3) to Limited Industrial (M-1); and

WHEREAS, the applicant has submitted a Site Plan Design Review for the project, with the subject approval conditioned on Council approval of the General Plan Amendment and Rezone; and

WHEREAS, the Planning Commission of the City of Livingston did conduct a public hearing in the Council Chambers of the Livingston City Hall, Livingston, California on August 12, 2014, to consider a proposed development on 1.14 acres located at the northwest comer of Campbell Boulevard and Industrial Drive (Assessor Parcel Number 023-070-008); and

WHEREAS, a Mitigated Negative Declaration for the proposed project was prepared and considered by the Planning Commission. A Notice of Determination will be filed with the Merced County Clerk within five (5) days of Project approval by the City Council; and

WHEREAS, Staff has reviewed the plans and elevations and distributed the plans for outside agency comments.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission adopts Resolution 2014-_, recommending the approval of General Plan Amendment 2011-01, Rezone 2011-01, and Site Plan Design Review 2014-02 for the proposed project to the Livingston City Council for approval with the conditions attached as Exhibit A.

The foregoing resolution was introduced and moved for adoption on August 12, 2014, by

, and being duly seconded by Commissioner , was passed by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Chair, LUIS ENRIQUE FLORES Secretary of the Planning Commission,

HOLLY R. OWEN (Associate Planner)

 

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