a Conditional Use Permit 2016-02 and Site Plan I Design Review 2016-01 to construct a single-family residential unit, 1,730 sq ft in size, in an existing R-2 (Medium Density Residential) lot located at 1441 Swan Street, APN#: 024-031-004.

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Meeting Date: September 13, 2016

Agenda Item #: 3a.

Meeting Date:  September 13, 2015

Report Date:  September 6, 2015

CITY FILE NUMBER:  Single Family Home on an R-2 Zoned Lot: Conditional Use Permit 2016-02; Site Plan/Design Review 2016-01.

OWNER/APPLICANT: Juan Mendoza Jr., Owner and Applicant 9927 Melinda Avenue Delhi, CA 95315

PROJECT LOCATION:  1441 Swan Street, APN #: 024-031-004. The property is currently vacant with a multi-family development to the east and a single family home to the west. The MID Watson Lateral (canal) is located along the north 30 feet of the property within an easement.

PROPOSED ACTION:  Consider Resolution 2016-_, approving Conditional Use Permit 2016-02 and Resolution 2016 -_, recommending approval by the City Council of Site Plan/Design Review 2016-01 for the site plan, floor plan, and elevations submitted for the construction of a single family home at 1441 Swan Street.

PREPARED BY:  Randy Hatch, Contract City Planner

LOCATION CHARACTERISTICS:

Property Size: Approximately 1/2 acre

Existing Land Use: Vacant undeveloped land

1999 General Plan Designation: Medium Density Residential

Zoning: R-2, Medium Density Residential

Street Access: Swan Street

ADJACENT ZONING AND LAND USE:

North: R-2; the MID Watson Lateral (canal) and multi-family homes north of the canal

South: Across Swan Street, C-3; single family and multi-family residential uses

East: R-2; multi-family homes

West: R-2, single family homes to North Main Street

PROJECT DESCRIPTION:

The applicant and owner, Juan Mendoza Jr., is requesting a Conditional Use Permit and Site Plan and Design Review approval to construct a single family home on an R-2 zoned lot. The home will be single story, 1730 square feet in size with 3 bedrooms (with den /optional 4th bedroom), and 2 bathrooms. It will have an attached 3-car garage and a patio in the rear, adjacent to a bay projection.

Two possible elevations are presented. Both show a tower like feature in the center defining the front door (recessed about 10 feet) and window to the den or optional bedroom (recessed about 8 feet) from the porch edge, with bedroom 3 to the left (west) and the garage to the right (east). The garage extends 10 feet closer to the street from the front porch. The garage shows a two car portion, with a 2 foot recess, and then a single car portion making up the far right (east) of the frontage. These differing planes with varied dimensions provide interest to the elevation and enhance its appearance.

The home’s exterior is a stucco finish. Two color choices are being considered by the applicant; Adobe (tan color) or Southern Moss (muted green color). The roof will be asphalt shingles with two color choices; Charcoal (medium gray color) or Pewter Bronze (muted gray and gold blended color). Staff assumes the Adobe -Charcoal combination or Southern Moss -Pewter Bronze combination will be used.

ANALYSIS:

The property is zoned R-2 and, as such, the Municipal Code requires all new construction to undergo Site Plan and Design Review before the Planning Commission for recommendation and then the City Council for approval. Further, the City’s Land Use and Zoning Matrix requires a single family home in the R-2 Zone to obtain a Conditional Use Permit.

A Site Plan and Design Review is to allow the City to evaluate the new development to assure compatibility, harmony in appearance with the neighborhood, reduction of any negative impacts, and orderly development of the area. Conditional Use Permits are normally required for certain land uses which may have an impact on the area in which they are located and I or could create problems for bordering properties.

They only reason that staff believes that a single family home could impact surrounding R-2 properties is that the development of such a home consumes limited medium density zoned land that is needed to provide for multi-family housing units.

Immediately to the west of this property are two single family homes in the same R-2 Zoning designation. Further, across Swan Street to the south in the C-2 zoned area, both single family and multi-family homes are present. Therefore, the City has determined in the past that lots available for duplex I triplex development can be used for single family homes. This is a judgment decision before the Planning Commission.

Concerning the Site Plan and Design Review, the design, height, materials, and development intensity is consistent with the surrounding neighborhood. The proposal meets the Zoning standards with respect to setbacks, height, and lot coverage. As noted above, the size, construction style and type, elevations, and colors are all consistent with the existing buildings in the neighborhood.

Staff referred this proposal to various departments and agencies for comment and possible conditions for approval. Merced County Fire Department reviewed the proposal and noted the project must include residential sprinklers. The Merced Irrigation District (MID) responded, noting that their Watson Lateral runs within an easement on the northern 30 feet of the property. Further, MID requests a condition that a block wall be constructed to separate the home from the canal.

RECOMMENDATION:

If the Planning Commission determines that a single family home is an appropriate use within R-2 zoned property, staff has provided suggested findings for approval of the proposal. Staff feels the site layout and building as proposed complies with all the requirements and standards applicable in City Codes and Standards. The Planning Commission may approve Conditional Use Permit 2016-02 based upon the suggested findings in the attached Resolution and then recommend approval by the City Council of Site Plan and Design Review 2016-01 based on the Findings and Conditions of Approval contained in the second attached resolution.

ATTACHMENTS:

1. Conditional Use Permit Resolution 2016- Exhibit A, Conditions of Approval

2. Site Plan/Design Review Resolution 2016-_ Exhibit A, Conditions of Approval

3. Project Location and Zoning Map

4. Site Plan, Floor Plan, and Elevations

RESOLUTION 2016-

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LIVINGSTON APPROVING CONDITIONAL USE PERMIT 2016-02 FOR THE CONSTRUCTION OF A SINGLE FAMILY HOME ON A R-2 ZONED LOT AT 1441 SWAN STREET

WHEREAS, pursuant to Livingston Municipal Code ("LMC") Land Use and Zoning Matrix and Section 5-6-9

(A) and (F), Juan Mendoza, owner and applicant, has applied for a Conditional Use Permit to construct a single family home at 1441 Swan Street, in the City of Livingston; and

WHEREAS, the site is zoned R-2 (Medium Density Residential), and has a General Plan designation of Medium Density Residential according to the official Zoning Map of the City of Livingston and the 1999 Livingston General Plan; and

WHEREAS, LMC Section 5-6-9 requires a Conditional Use Permit for "certain land uses that generally have a distinct impact on the area in which they are located, and/or are capable of creating special problems for bordering properties unless given special attention"; and the proposed construction of a single family home is deemed such a land use; and

WHEREAS, a public hearing for the proposed project has been properly noticed by posting, a newspaper ad and a mailing to adjacent properties within 300 feet of the site; and

WHEREAS, staff has reviewed the project with reference to the 1999 General Plan and the Zoning Ordinance and finds that, based on the evidence documented within the associated staff report and proceedings of the public hearing, the proposed use is generally consistent with the General Plan, is permitted and complies with the Zoning Ordinance in that the proposed use meets the zoning standards and requirements and is compatible with the surrounding uses in that adjacent R-2 zoned lots are developed with single family homes; and

WHEREAS, the site for the proposed use is adequate in size and shape to accommodate said use and all yards, spaces, wall and fences, parking, loading, landscaping, and other features required by the applicable zoning district are met; and

WHEREAS, the site for the proposed use is served by streets adequate to carry the quantity and kind of traffic generated by the proposed use; and

WHEREAS, public facilities are currently adequate to serve the proposed use; and

WHEREAS, the project is categorically exempt from the provisions of the California Environmental Quality Act (CEQA Guidelines Section 15332, In-Fill Development Projects) as the specific development of a vacant lot is an infill development on a site no more than 5 acres in an existing developed area involving negligible or no environmental impacts on environmental resources and would result in no significant effects relating to traffic, noise, air or water quality, and is adequately served by utilities and public services.

NOW, THEREFORE, BE IT RESOLVED that the Planning Commission adopts Resolution 2016-_ , approving Conditional Use Permit 2016-02 with Conditions of Approval, attached as Exhibit A.

The foregoing resolution was introduced and moved for adoption on September 13, 2016, by Commissioner, and being duly seconded by Commissioner , was passed by the following vote:

AYES:

NOES:

ABSENT:

ATTEST:

Chair, RANJEET JHUTTI Secretary of the Planning Commission, RANDY HATCH

Exhibit A Conditions of Approval

1. The Developer shall comply with all federal, state and local laws, policies, standards and requirements applicable to such a use and obtain a building permit and all other permits applicable to such a use and shall pay all fees and exactions applicable to such a use; and

2. The Developer shall include residential sprinklers in the development consistent with the requirements of the Merced County Fire Department; and

3. The Developer shall provide public utility easements and provide all utility services as required by the City Engineer; and

4. The Developer shall repair any damage to City facilities such as curb, gutter, sidewalk:, streets and alleys caused by construction; and

5. The Developer shall construct and maintain a block wall per the requirement of the Merced Irrigation District to separate the single family use of the property from the Watson Lateral running generally within the northern 30 feet of the property; and

6. The Developer shall indemnify, defend and hold harmless the City and its officials, officers, employees, agents, and consultants from any and all legal or administrative actions or other proceedings challenging this approval or any subsequent approval associated with this project; and

7. The development of the site shall be consistent with approved plans, elevations, and colors. Minor variations from approved plans, elevations, and colors may be allowed at the review and approval of City staff; and

8. All exterior lighting fixtures shall be directed to areas on the subject property itself and shall avoid shinning toward adjacent residential properties; and

9. The Developer and/or owner shall keep the site free from trash and debris and shall maintain the premises in a clean and orderly manner during construction.

RESOLUTION 2016-

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LIVINGSTON RECOMMENDING TO THE CITY COUNCIL APPROVAL OF THE SITE PLAN AND DESIGN REVIEW 2016-01 FOR THE CONSTRUCTION OF A SINGLE FAMILY HOME ON A R-2 ZONED LOT AT 1441 SWAN STREET

WHEREAS, pursuant to Livingston Municipal Code ("LMC") Section 5-6-7, Juan Mendoza, owner and applicant, has applied for a Site Plan and Design Review approval to construct a single family home at 1441 Swan Street, in the City of Livingston; and

WHEREAS, the site is zoned R-2 (medium Density Residential), and has a General Plan designation of Medium Density Residential according to the official Zoning Map of the City of Livingston and the 1999 Livingston General Plan; and

WHEREAS, LMC Section 5-6-7 requires the approval of a Site Plan and Design Review for new structures within the R-2 zoning district to assure compatibility, harmony in appearance in neighborhoods, reduction of negative impacts of nonaesthetic development, and orderly development of the community; and

WHEREAS, a public hearing for the proposed project has been properly noticed by posting, a newspaper ad and a mailing to adjacent properties within 300 feet of the site; and

WHEREAS, staff has reviewed the project with reference to the 1999 General Plan and the Zoning Ordinance (specifically Sections 5-6-7 "C" thru "E"); and finds that, based on the evidence documented within the associated staff report and proceedings of the public hearing, the proposed use, its site plan and design, is generally consistent with the General Plan, is permitted and complies with the Zoning Ordinance in that the site plan and design meets the zoning standard and requirements (including those specifically referenced above).

NOW, THEREFORE, BE IT RESOLVED that the Livingston Planning Commission hereby adopts Resolution 2016-_, recommending City Council approval of the Site Plan and Design of the subject new development.

BE IT FURTHER RESOLVED that the Conditions of Approval within Planning Commission Resolution 2016-_, Exhibit A are hereby approved.

The foregoing resolution was introduced and moved for adoption on September 13, 2016, by Commissioner , and being duly seconded by Commissioner , was passed by the following vote:

AYES:

NOES:

ABSENT:

ATTEST:

Chair, RANJEET JHUTTI

Secretary of the Planning Commission, RANDY HATCH

Exhibit A Conditions of Approval

1. The Developer shall comply with all federal, state and local laws, policies, standards and requirements applicable to such a use and obtain a building permit and all other permits applicable to such a use and shall pay all fees and exactions applicable to such a use; and

2. The Developer shall include residential sprinklers in the development consistent with the requirements of the Merced County Fire Department; and

3. The Developer shall provide public utility easements and provide all utility services as required by the City Engineer; and

4. The Developer shall repair any damage to City facilities such as curb, gutter, sidewalk, streets and alleys caused by construction; and

5. The Developer shall construct and maintain a block wall per the requirements of the Merced Irrigation District to separate the single family use of the property from the Watson Lateral running generally within the northern 30 feet of the property; and

6. The Developer shall indemnify, defend and hold harmless the City and its officials, officers, employees, agents, and consultants from any and all legal or administrative actions or other proceedings challenging this approval or any subsequent approval associated with this project; and

7. The development of the site shall be consistent with approved plans, elevations, and colors. Minor variations from approved plans, elevations, and colors may be allowed at the review and approval of City staff; and

8. All exterior lighting fixtures shall be directed to areas on the subject property itself and shall avoid shinning toward adjacent residential properties; and

9. The Developer and/or operator shall keep the site free from trash and debris and shall maintain the premises in a clean and orderly manner during construction.

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