Zoning Ordinance Text Amendment 2014-02, Clarifications and Corrections to the Livingston Municipal Code (LMC) Title 5, Zoning Regulations: Sections 5-4-9, Outdoor Dining Areas; 5-2-6, Temporary Uses; and 5-6-9, Use Permits.

Meeting Date: May 13, 2014

Agenda Item #: 4a.

Meeting Date:  May 13, 2014

Report Date: May 7, 2014

CITY OF LIVINGSTON PLANNING COMMISSION STAFF REPORT

CITY FILE NUMBER: Zoning Code Text Amendment 2014-02, Section Title 5, Zoning Regulations: Sections 5-4-9, Outdoor Dining Areas; 5-2-6, Temporary Uses; and 5-6-9, Use Permits.

OWNER/APPLICANT: City of Livingston 1416 ‘C’ Street Livingston, CA 95334

PROJECT LOCATION: Citywide

PROPOSED ACTION: Adopt Resolution 2014-_ finding General Plan consistency and recommending that the City Council approve the proposed amendments to Livingston Municipal Code (LMC) Title 5, Zoning Regulations: Sections 5-4-9, Outdoor Dining Areas; 5-2-6, Temporary Uses; and 5-6-9, Use Permits.

PREPARED BY: Holly R. Owen, Contract Associate Planner

Property Size:

Existing Land Use:

General Plan Land Use Designation:

Zoning: Citywide

Street Access:

Adjacent General Plan Land Use Designation & Zoning District:

The proposed amendment would be applicable to all zoning districts citywide.

PROJECT DESCRIPTION AND BACKGROUND:

Staff was directed to initiate a zoning ordinance text amendment to amend existing zoning provisions that will clarify the process of applying for and issuing a Temporary Use Permit. In addition, this direction will clarify the application process to allow outdoor dining in the City of Livingston.

DISCUSSION:

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 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.

Although the City has long had a reference to Temporary Use Permits in the Livingston Municipal Code, and indeed, has issued these permits, the process (how is this done, who issues these, how, and for what reason) was not addressed in the LMC. Sterling Codifiers identified this oversight, and the following language as attached in Exhibit “A” is proposed to rectify that.

In addition, Sterling Codifiers had a number of questions about the process of allowing outdoor dining in the City. Staff has reviewed their questions and has received recommendations from Collins & Schoettler, City’s Planning Consultants, and has proposed clarifications where appropriate.

Staff recommends that in both these cases Council review and set by resolution a fee or fees to accompany these applications.

A number of zoning ordinances in other cities were consulted as part of this proposal. Input from planning staff in cities similar in size to Livingston was also received and incorporated.

Should the Planning Commission approve these changes, the recommendation will be forwarded on to the City Council for their review and determination.

ZONING ORDINANCE AMENDMENT:

Amendments to existing Municipal Code Sections (See Exhibit “A” for details): 5-2-6 Temporary Uses

5-4-9 Outdoor Dining Areas 5-6-9 Use Permits

GENERAL PLAN CONSISTENCY:

The proposed amendment to the Livingston Municipal Code is consistent with the adopted 1999 Livingston General Plan objective listed below:

• 3.l(A): A well-balanced mix of residential, commercial, industrial and open space/public land uses which create and maintain a high quality environment and a fiscally sound community.

ENVIRONMENTAL STATUS:

The proposed 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”).

RECOMMENDATION:

Staff recommends that the Planning Commission review, discuss, approve and adopt the attached Planning Commission Resolution 2014-_ Recommending to the City Council the

Amendments to Livingston Municipal Code Title 5, Zoning Regulations: Sections 5-4-9, Outdoor Dining Areas; 5-2-6, Temporary Uses; and 5-6-9, Use Permits.

If approved, these changes will be forwarded to City Council for review and final action.

ATTACHMENTS:

1. Planning Commission Resolution 2014-_ Exhibit “A”

RESOLUTION 2014-

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LIVINGSTON DETERMINING GENERAL PLAN CONSISTENCY AND RECOMMENDING TO THE CITY COUNCIL ZONING ORDINANCE TEXT AMENDMENT 2014-02 TO LIVINGSTON MUNICIPAL CODE (LMC) TITLE 5, ZONING REGULATIONS: SECTIONS 5-4-9, OUTDOOR DINING AREAS; 5-2-6, TEMPORARY USES;

AND 5-6-9, USE PERMITS

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 text amendment to amend the Livingston Municipal Code; and

WHEREAS, a need has been identified to clarify and to add information on the requirements for allowing outdoor dining, and to add information on the process of issuing Temporary Use Permits in the City of Livingston and that Council will, by resolution, review and set fees to accompany these permits; 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; and

BE IT FURTHER RESOLVED that the Livingston Planning Commission adopts Resolution 2014-_, and recommends to the City Council Zoning Ordinance Text Amendment 2014-02, Clarifications and Corrections to the Livingston Municipal Code (LMC) Title 5, Zoning Regulations, Sections 5-4-9, Outdoor Dining Areas; 5-2-6, Temporary Uses; and 5-6-9, Use Permits, as attached in Exhibit “A.”

The foregoing resolution was introduced and moved for adoption on May 13, 2014, by Commissioner , 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 (Contract Planner)