Livingston Planning Commission Adopted Policies as Last Amended in June 2001

Meeting Date: APRIL 14, 2015

Livingston Planning Commission Adopted Policies as Last Amended in June 2001

Note from TheGardeningSnail: Parts of this page may have been prepared by running a PDF Image Document through a program which converts image to text. My apologies for any Textual Gremlins that may have slipped in. Copy of the Original can be found on the City’s Website. I may also broken up some of the longer paragraphs for ease of reading and/or highlighted items of special interest.

CITY OF LIVINGSTON

PLANNING COMMISSION ADOPTED POLICIES

AS AMENDED

JUNE 2001

TABLE OF CONTENTS

 

ADMINISTRATIVE POLICIES

 

Policy A-1 Chairmanship Rotation

Policy A-2 Deadline for Planning Commission Agenda

Policy A-3 Water Meter Policy

Policy A-4 Home Occupation Permits

Policy A-5 Annual Review of Policies

Policy A-6 Environmental Mitigation Monitoring Program

Policy A-7 Presence of Additional City Staff

Policy A-8 Planning Commission Training

Policy A-9 Meeting Decorum

SITE PLAN REVIEW POLICIES

 

Policy SP-1 Apartment Live-in Manager

Policy SP-2 Passable Surfaces

Policy SP-3 Guidelines for Building Construction

Policy SP-4 Sidewalk Construction

Policy SP-5 Site Plan/Design Review, Variances, and Use Permits

Policy SP-6 Multiple Family Parking

CONDITIONAL USE POLICIES

 

Policy CUP-1 Hours of Operation – Alcohol Sales

 

ADMINISTRATIVE POLICIES

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A-1: Chairmanship Rotation

 

1. Chairmanship shall be determined by length of service on the Planning Commission as the first criteria.

2. Determine of whether those with seniority or length of service have actually served as Chairman and how recently if they have served.

3. Each year the rotation will be based on the length of service.

4. If a member resigns or is replaced, the length of service will start again. The new member will not assume the length of service of the member he/she replaced.

A-2: Deadline for Planning Commission Agenda

 

1. All materials intended for a Planning Commission agenda shall be submitted to the City Planner and all fees paid no later than thirty {30) days prior to the actual Planning Commission meeting.

2. When an application is submitted for consideration by the Planning Commission and the materials submitted is insufficient, the application may be denied by the Planning Commission on the incompleteness of the submittal.

3. All agenda material should be to the Planning Commission on the Thursday before the Planning Commission meeting or five (5) days in advance of the meeting in the case of a special meeting.

4. All applicants shall be notified in advance of Planning Commission meeting that if an applicant or an applicant’s representative is not in attendance at the Planning Commission meeting to answer questions, or fails to provide requested information, this may be grounds for denying the application.

5. Members of the Planning Commission with questions or concerns about an agenda item should make every attempt to discuss them with the City Planner prior to the Planning Commission meeting.

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A-3: Water Meter Policy

 

1. All commercial or industrial users shall install a water meter. All changes of ownership of residential properties shall install a water meter. Also, residential users who violated Irrigation and Sprinkler restrictions for the second time will be notified and the City will install a water meter (9-5-11 {B}). The water meter shall be installed at the owner’s expense (9-5-9 {A}).

A-4: Home Occupation Permits

 

1. Home Occupation Permits shall be revoked when conditions of the permit are violated. When an applicant discontinues, they need to contact the Secretary of the Planning Commission, then the Home Occupation Permit is automatically expired.

2. Vehicles used in connection with a Home Occupation Permit shall be licensed and of no more than one (1) ton load capacity.

3. A Home Occupation Permit shall not be required for an office, if the resident has the primary business location in appropriate district, and the home office use otherwise complies with all of the Code requirements.

4. It is the intent of the Planning Commission that the Home Occupation Permit shall not generate customer/client contact on the premises, such that parking,traffic, noise, etc. will become detrimental to normal residential environment.

5. It is the intent of the Planning Commission that the Home Occupation Permit shall not directly compete with businesses in commercial zones. The Planning Commission will, however, consider allowing appropriate businesses a limited start-up period (e.g. one year) after which the business will transfer to a proper commercial district. The Planning Commission may allow a Home Occupation Permit for a limited period, subject to review and possible extension.

A-5: Annual Review of Policies

 

1. The Planning Commission shall review Planning Commission Policies annually at the Planning Commission’s discretion.

2. Planning Commissioners shall review all Planning Commission Policies upon their appointment to the Planning Commission.

A-6: Environmental Mitigation Monitoring Program

 

1. The Environmental Mitigation Monitoring Program is established to ensure that the project mitigation measures identified in environmental review are implemented and that the program complies with AB3180 (Public Resources Code 21081.6).

2. The City Planner shall be responsible for all program administration and mitigation monitoring.

3. The program shall report on project compliance with mitigation measures identified in a Negative Declaration or Environmental Impact Report (EIR).

4. Specialized personnel, departments, and agencies may be delegated monitoring responsibilities.

5. Project proponents/developers shall bear all reasonable costs associated with a monitoring program, including specialized City consulting and testing and other agencies’ fees. Project proponents may also be required to submit monitoring reports to the City.

6. The City Planner shall design an Environmental Mitigation Monitoring Program Checklist which will be the primary monitoring report, but may be supplemented with additional reports and information.

7. The Environmental Mitigation Monitoring Program Checklist shall be maintained in the Project File.

8. All Mitigation Monitoring Programs shall be approved by the Planning Commission.

A-7: Presence of Additional City Staff at Planning Commission Meetings

 

1. Staff (City Manager, City Attorney, City Engineer, Public Works Director, Building Official, Chief of Police, Finance Director) shall attend meetings of the Planning Commission at the request of the City Planner or the Chairperson of the Planning Commission and shall offer such counsel as may be appropriate.

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A-8: Planning Commission Training

 

1. The Planning Commission shall conduct continuous training by reviewing the zoning and subdivision code and possibly the California Environmental Quality Act (CEQA), and the Subdivision Map Act as required by each project at each monthly meeting. The review shall be lead by the Commissioners on a rotating basis as designated by the City Planner.

A-9: Meeting Decorum

 

1. Meetings

 

a. Regular Meetings – All regular meetings will be held by the Planning Commission at time and place designated by ordinance. The meetings are held the second Tuesday of each month at the hour of 7:00 p.m. in the City Council Chambers.

b. Adjourned Meetings – The Planning Commission may adjourn any meeting to a time and place specified in the “order of adjournment.” If for any reason a quorum of the Planning Commission is absent from any regular or adjourned regular meeting,the Secretary of the Planning Commission may declare the meeting adjourned until the next regularly scheduled Commission meeting. The Secretary of the Planning Commission shall post a notice of adjournment immediately after acting to adjourn the meeting.

c. Special Meetings – A special meeting may be called at any time by the Chairman of the Planning Commission by a majority of the members of the Planning Commission. A written notice shall be hand delivered to the residence to each Planning Commissioner with a copy being sent to each local newspaper of general circulation a minimum of 24 hours prior to the special meeting being held. The notice will contain the nature of the business to be conducted, no other business shall be considered.

d. Emergency Meetings – The government code identifies special circumstance that would prompt the need for an emergency meeting. All notification as stated in number “c” above must be made one hour prior to the emergency meeting. The only differential in the notification requirement is the notice can be made orally, and no closed session can be held. The minutes of an emergency meeting shall be posted for a minimum of 10 days at City Hall as soon after the meeting as possible.

e. Open to the Public – All meetings of the Planning Commission shall be open and public, and all persons shall be permitted to attend any meeting of the Planning Commission except for “Closed Sessions” and meetings that have been cleared as a result of “Willful Interruptions.”

2. Agenda

 

To facilitate the conduct of business, the Secretary of the Planning Commission shall prepare an agenda. All items to be considered by the Planning Commission must be presented to the City Planner no later than 4:30 p.m. on the Wednesday prior to the regular Planning Commission meeting. The agenda shall be posted at City Hall at least 72 hours in advance of the meeting. The agenda will include a brief description of each item of business to be considered by the Planning Commission.

The Planning Commission will not act on any item that is not on the agenda. The Planning Commission may add items to the agenda only if deemed an “Urgency Matter” requiring immediate attention. This can only be accomplished by a 4/5-majority vote of the Planning Commission.

3. Presiding Officer

 

The Chairman shall preside at the meetings of the Planning Commission. If the Chairman is absent or unable to preside, the Vice-Chair shall preside. The meeting will be conducted (Parliamentary Procedure) as contained in “Robert’s Rules of Order.” Every Planning Commissioner shall have a copy of “Robert’s Rules of Order” to ensure compliance. Any Question regarding procedures found in “Robert’s Rules of Order” will be directed to the Chairman who then may refer the matter to City Staff for interpretation and/or clarification.

4. Discussion and Action

 

Members of the public have the opportunity to speak on items that appear on the agenda as they come up during the course of the meeting and prior to the Planning Commission taking any action on that item. Any person desiring to address the Planning Commission shall first obtain permission from the Chairman to do so. In granting permission, the Chairman may limit the time a person may speak, as a general rule five (5) minutes. The public will also have a separate opportunity to address the Planning Commission on items of interest within the Planning Commission subject matter jurisdiction.

In addressing the Planning Commission, each person shall stand and give his/her name and address for the record. All remarks shall be addressed to the Chairman and not directed towards any Commissioner. No person, other than the Chairman and the person having the floor shall be permitted to enter any discussion, unless the Chairman grants permission to another Commissioner. No Commissioner shall speak to or enter a conversation with a member of the audience without permission of the Chairman. No questions shall be directed to a Commissioner or a member of Staff without permission of the Chairman.

The Planning Commission will vote on all matters requesting “Action.” Action items will be voted on by way of motion and second, discussion (if any), then by an audible vote. On all matters that conclude with passing a Resolution or the adoption of an Ordinance, a roll call vote will be taken. A majority vote of the Planning Commission in attendance is needed to approve most items. There are cases in which more than a majority vote is needed to move an item.

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SITE PLAN DESIGN POLICIES

Planning Commission Policy SP-1: Apartment Live-In Manager

 

1. The Planning Commission shall require the use of a live-in manager for multiple family complexes of five (5) units or more.

2. Failure to comply with a live-in manager requirement can be treated as grounds for disapproval of a site plan by the Planning Commission or revocation of a Conditional Use Permit.

Planning Commission Policy SP-2: Passable Surfaces

 

1. All parking spaces and access driveways must be surfaced in accordance with City Standards.

2. All driveway access lanes shall be at least 12 feet wide.

3. Concrete or asphalting shall be acceptable for parking and driveway construction. Residential Driveways must be concreted for R-1 and R-2 developments.

4. Alleys may be used for access to parking if the Planning Commission determines that such use will enhance the project’s circulation and amenities, without a negative impact to surrounding properties and streets. Use of alleys may require the applicant’s paving and maintaining to City Standards of that portion providing access.

5. All driveway access lanes shall be a minimum of 20 feet long.

Planning Commission Policy

SP-3: Guidelines for Building Construction

 

1. Building must be compatible with the distinguishing architectural characteristics of surrounding area.

2. New construction should respect mature trees, and other features in the landscape that are important to the character of the site and environment.

3. Provide plantings and other elements to create visual interest and variety.

4. Locate site functions (e.g. parking areas) to achieve maximum efficiency and to screen undesirable visual elements.

5. Use landscape features such as walls, paving,fences, screens, outdoor lighting and planters as integral elements of the building design.

6. Employ variety in building forms and ensure compatibility with surrounding buildings.

7. Use shapes, colors, materials, and other architectural treatments to define, differentiate, soften and enliven the form.

8. Employ decorative wall cladding materials and surfaces that harmonize with one another. Choose colors, patterns, textures and finishes that enhance overall design effect.

9. Screen all unsightly or visually cluttered roof top equipment from view, using details and devices that fit the building design.

10. Choose and locate windows and doors to enhance architectural effects, provide continuity forms and create patterns of relief in facades.

11. Treat utility doors, access panels, fire doors, loading docks and other openings as part of architectural composition.

Planning Commission Policy

SP-3: Guidelines for Building Construction (Page 2}

 

12. Treat signs, sign structures and exterior graphics as integral elements of the design and insist on harmony and subdued appearance.

13. Conceal outdoor utility connections and equipment with designed architectural screens and enclosures.

14. Require maintenance agreement for all landscaping.

15. Exterior building designs of proposed projects to be located within the Redevelopment Agency’s project area in the Downtown Zoning District may be reviewed by the Redevelopment Agency.

16. The Redevelopment Agency may have final approval of all exterior building designs within the project area.

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Planning Commission Policy SP-4: Sidewalk Construction

 

1. All new projects within the City will be required to construct curb, gutter, and sidewalk to City Standards.

2. All sidewalks shall meet standards for the district and shall be at least four (4) feet wide.

3. Curb, gutter, and sidewalk construction will be integrated and will be installed along all property lines abutting streets.

4. There shall be no rolled curbs within the City Limits, unless a Conditional Use Permit is obtained.

Planning Commission Policy

SP-5: Site Plan/Design Review, Variances and Use Permits

 

1. Site Plan/Design Review shall be required for all multiple family projects consisting of over two dwelling units, group homes, or congregate care facilities.

2. Site Plan/Design Review shall be required of all projects in Commercial, Industrial and Unclassified District and approved by the Design Review Committee.

3. Approved Site Plan/Design Reviews, Variances and Use Permits must be exercised within one {1) year or approval shall be deemed to have expired. Applicants may request that the Planning Commission grant one year extension of approval.

4. All residential projects that do not have the original Developer shall submit all elevations and floor plans for Planning Commission approval.

Planning Commission Policy SP-6: Multiple Family Parking

 

1. The Planning Commission may require the provision of two parking spaces for each dwelling unit in Multiple Family projects consisting of three to six units.

2. The Planning Commission may require the provision of visitor parking in addition to the required parking for Multiple-Family projects of seven or more units, based on a finding for need due to factors such as available on-street parking, distance of units to the street, and the type and size of the units. Such visitor parking shall be marked and will be provided at a minimum of one space per each ten units.

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CONDITIONAL USE PERMIT POLICIES

Planning Commission Policy

CUP-1: Hours of Operation Alcohol Sales

 

1. This policy shall apply to all new commercial establishments that include sale of liquor, beer and alcoholic beverages by the glass or for consumption on the premises.

2. The following are types of on-sale retail licenses issued by the Department of Alcoholic Beverage Control (ABC).

A. On Sale Beer License – Authorizes the sale of beer for consumption on the premises where sold and the sale of beer for consumption off the premises where sold.

B. On-Sale Beer License for Public Premises – Authorizes the sale of beer for consumption on the premises wherein no person under 21 years of age is allowed, plus the sale of beer for consumption off the premises where sold.

C. ON-Sale Beer and Wine License (bona fide Public Eating Place) – Authorizes the sale of beer and wine for consumption in a bona fide eating place type premises, plus the sale of beer and wine for consumption off the premises where sold.

D. On-Sale Beer and Wine License (Public Premises) – Authorizes the sale of beer and wine for consumption on the premises wherein no person under 21 years of age is allowed, plus the sale of beer and wine for consumption off the premises where sold.

E. On-Sale General License (bona fide Public Eating Place) – Authorizes the sale of beer, wine and distilled spirits for consumption on a bona fide eating place type premises, plus the sale of beer and wine for consumption off the premises where sold.

F. On-Sale General License (Public Premises) – Authorizes the sale of beer, wine, and distilled spirits for consumption on the premises wherein no person under 21 years of age is allowed, plus the sale of beer and wine for consumption off the premises where sold.

Planning Commission Policy

CUP-1: Hours of Operation – Alcohol Sales

(Page 2)

3. The hours of operation for each classification shall be set by the Planning Commission within these time frames:

A. On-Sale Beer License – 12:00 pm to 2:00 am

B. On-Sale Beer License (Public Premises) – 12:00 pm to 2:00 am

C. On-Sale Beer and Wine License (Bona Fide Eating Place) – 6:00 am to 2:00 am

D. On-Sale Beer and Wine (Public Premises) – 12:00 pm to 2:00 am

E. On-Sale General License (Bona Fide Eating Place) – 6:00 am to 2:00 am

F. On-Sale General License (Public Premises) – 12:00 pm to 2:00 am

4. No on-sale alcoholic beverage establishment shall be allowed to sell alcoholic beverages for consumption off the premises where sold.

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