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Meeting Date – January 14, 2014
Public Hearing Agenda Item b.
Zoning Ordinance Text Amendment 2014-0 l , Various clarifications and corrections to the Livingston Municipal Code, Title 5, Zoning Regulations. Review and approve clarifications to various references in the Livingston Zoning Regulations.
Agenda Item #: 3b.
Meeting Date: January 14, 2014
Report Date: January 9, 2014
CITY OF LIVINGSTON PLANNING COMMISSION STAFF REPORT
CITY FILE NUMBER: Zoning Ordinance Text Amendment 2014-01, Amendment of Various Livingston Municipal Code Sections.
City of Livingston 1416 ‘C’ Street
Livingston, CA 95334
PROJECT LOCATION: Citywide
PROPOSED ACTION: Adopt Resolution 2014-01 finding General Plan consistency and recommending that the City Council approve the proposed amendments to various Livingston Municipal Code Sections.
PREPARED BY: Holly R. Owen, Contract Associate Planner
Property Size: Not applicable
Existing Land Use: Not applicable
General Plan Land Use: Not applicable
Designation: Not applicable
Zoning: Various Designated Zones, City of Livingston
Street Access: Not applicable
PROJECT DESCRIPTION AND BACKGROUND:
The proposed Zoning Code text amendments would clarify certain sections of the City of Livingston Zoning Ordinance that were identified as unclear, contradictory or open to possible misinterpretation
1. Zoning Ordinance Clarifications
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 contacted the City with a list of questions and comments that they identified as in need of clarification.
Staff has reviewed these questions and clarifications with the City Attorney, and the Zoning Ordinance changes below contain the clarifications, rewordings or deletions necessary for Sterling Codifiers to move ahead with the official codification process.
1) Ordinance 578: Definition of Geotechnical/Soil Engineering
Sterling Codifiers notes that in this Ordinance, the definition of “Geotechnical/Soil Engineer” refers the reader to the definition of “Geotechnical/Soil Engineering” but there is no such definition. Staff and City Attorney’s recommendation is that the sentence should be added to the Zoning Ordinance as follows:
(AA) “Geotechnical/Soil Engineer” means a civil engineer who is experienced in the field of engineering as described in the definition of “Geotechnical/Soil Engineering” in this section. “Geotechnical/Soil Engineering” is the branch of engineering that specializes in behavior of earth materials including rock and soil.
2) LMC 5-4-7 (C): Street Development, When Improvements Are Required:
Sterling Codifiers notes that in this section, there is a reference to sections that do not exist. Furthermore, after consulting with Building Staff, there is a contradiction in that if construction is deferred for any reason, no occupancy permit is issued, as it is the last step in the permitting process. Staff recommends that the following change be made to the Zoning Ordinance:
No occupancy permit for any building shall be approved unless the required public improvements have been installed and approved by the City. or unless construction is deferred in accordance with section 5 6 6 (G) or section 5 1 8(D). Standards for new street development can be altered or refined through the specific plan or planned unit development process when it can be demonstrated that the projected traffic flows can be accommodated.
Staff recommends that the Planning Commission review, discuss and approve these changes and adopt Resolution 2014-_. If approved, these changes will be forwarded to City Council for review and final action.
Changes, updates and corrections to the Zoning Ordinance are part of maintaining a consistent and accurate set of rules and guidelines for the City and its citizens to rely on. This process is always ongoing, and an expected investment in time and research for Staff, the Commission and City Council.
The proposed Zoning Ordinance Text Amendment to the Livingston Municipal Code is exempt from California Environmental Quality Act (CEQA) requirements because the activity is not a project as defined in Section 15378(b)(5) of the CEQA Guidelines, (“Organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment”).
Staff recommends that the Planning Commission adopt the attached resolution and make a recommendation to the City Council to approve Zoning Ordinance Text Amendment 2014-01.
1. Planning Commission Resolution 2014-_
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LIVINGSTON DETERMINING GENERAL PLAN CONSISTENCY AND RECOMMENDING TO
THE CITY COUNCIL APPROVAL OF ZONING ORDINANCE AMENDMENT 2014-01 AMENDING LIVINGSTON MUNCIPAL CODE SECTIONS 5-4-7(C)
AND ORDINANCE 578
WHEREAS, the Livingston Municipal Code Section 5-6-2:B.4 allows the City Manager to initiate an amendment to the Zoning Code; and
WHEREAS, the Livingston City Manager has directed staff to initiate a zoning code amendment to amend zoning code provisions; and
WHEREAS, Sterling Codifiers has requested changes and clarifications to the code where inconsistencies and conflicts have been identified: and
WHEREAS, the City of Livingston is interested in furthering adopted housing goals of maintaining an adequate supply of appropriately zoned sites that can accommodate a variety of housing products; and
WHEREAS, the City of Livingston is interested in amending its Zoning code to facilitate the development of infill housing; and
WHEREAS the public hearing for the Proposal has been properly noticed by posting, a newspaper ad and posted at public places, the City of Livingston City Hall Bulletin Board, the City website and local community cable Channel 2; and
WHEREAS, the Proposal is exempt from the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15378(b)(5), is not considered a project. The proposed amendment to the Livingston Municipal Code is a government administrative activity that will not result in direct or indirect physical changes in the environment. Subsequent projects will be subject to environmental assessment as required by CEQA.
NOW, THEREFORE, BE IT RESOLVED that the Livingston Planning Commission adopts Resolution 2014-_, and recommends to the City Council approval of Zoning Ordinance Text Amendment 2014-01, amending the Livingston Municipal Code Section 5-4-7 and Ordinance 578, adopted by the City Council on January 20, 2009, as additional changes to the Zoning Ordinance as identified on Exhibit “A”.
The foregoing resolution was introduced and moved for adoption on January 14, 2014, by Commissioner , and being duly seconded by Commissioner , was passed by the following vote:
Chair, LUIS ENRIQUE FLORES
Secretary of the Planning Commission,
HOLLY R OWEN (Contract Planner)