Site Plan and Design Review 2017-02- Construction of2 New Duplex Units on Adjacent R-2 Lots. Renee Moreno, Owner/Applicant, proposes to demolish a deteriorated existing single family house located at 832 Seventh Street (between "E" and "F" Streets) and construct a 2,460 sq. ft. duplex on that same lot, APN#: 024-183-004. Additionally, he proposes to construct the same duplex design on an adjacent vacant lot, APN#: 024-183-005. Both parcels are zoned R-2, Medium Density Residential.

Note from TheGardeningSnail: This page was prepared by running a PDF Image File through a program which converts Image to Print. My apologies for any textual Gremlins that may have crept in. I may also have broken up some of the larger paragraphs.

Meeting Date: May 09, 2017

Agenda Item #:  Sb.

Meeting Date:  May 9,2017

Report Date: May 2, 2017

CITY OF LIVINGSTON PLANNING COMMISSION STAFF REPORT

CITY FILE NUMBER: Renee Moreno Two Duplexes, Site Plan/ Design Review 2017-02

OWNER/APPLICANT: Renee Moreno, Owner and Applicant 745 Elmwood Court Livingston, CA 95334

PROJECT LOCATION: 832 Seventh Street (APN 024-183-004) and adjacent vacant Lot (APN 024-183-005), Livingston, CA

PROPOSED ACTION: Approval of Site Plan/ Design Review 2017-02 for the construction of two new 2,460 sq. ft. duplex units on two adjacent existing 7,075 sq. ft. lots, zoned R-2 located on Seventh Street in the City of Livingston.

PREPARED BY: Randy Hatch, Contract City Planner

LOCATIONAL CHARACTERISTICS:

Property Size: 7,075 square feet for each lot

Existing Land Use: Existing single family home (APN 024-183-004) and vacant lot (APN 024-183-005)

1999 General Plan Designation: Medium Density Residential (MD)

Zoning: Medium Density Residential (R-2)

Street Access: Seventh Street (West Side), between "E" and "F" Streets

ADJACENT ZONING AND LAND USE:

North: R-2, single family and multi-family homes

South:  R-2, single family homes

East: Across Seventh Street, R-3, multi-family homes

West: Across the alley, R-2, single family homes

PROJECT DESCRIPTION:

The proposed project is the demolition of a deteriorated existing single family house on one lot (APN 024-183-004) and the construction of a 2,460 sq. ft. duplex on that lot and the construction of the same duplex design on an adjacent vacant lot in the Medium Density Residential (R-2) zoning district.

The properties are located on the west side of Seventh Street, between "E" and "F" Streets in Livingston. An alley runs behind the properties. The properties are surrounded by single family homes, duplexes and other multifamily homes. The site is currently zoned Medium Density Residential. A duplex is a permitted use in the Medium Density (R-2) zoning district according to Livingston Municipal Code (LMC) Section 5-3-15 Land Use Regulations -Table 2 -Land Use-Residential Zoning Matrix subject to receiving Site Plan/ Design Review approval first from the Planning Commission with final approval from the City Council.

Both of the proposed duplexes are oriented on an east-west alignment with two entrances, one for each unit that fronts Seventh Street with the entrance to the other units fronting the alley. Each duplex unit will include the following features: small partially sheltered entryway; three bedrooms; two bathrooms; living room; central hallway with indoor laundry; and combined kitchen and dining area.

The duplex is single story with a tan stucco exterior with white trim and a decorative belly band on each unit’s front elevation. Each front elevation is enhanced with a gable vent. The roof is composed of composition shingles. The adjacent duplexes are a mirror image of each other with the paved yard area facing each other. Each unit has two paved off-street parking areas facing either Seventh Street or the alley, depending on the orientation of the unit. The landscaped area for each unit is located in the front yard along with screened areas for trash and recycling containers.

ENVIRONMENTAL REVIEW:

The Project is categorically exempt from the provisions of the California Environmental Quality Act, CEQA Guidelines Section 15332 In-Fill Development Projects, Class 32. Class 32 consists of projects characterized as in-fill development meeting the following conditions: the project is consistent with the applicable General Plan designation and all applicable General Plan policies as well as with applicable zoning regulations as it is located in the Medium Density General Plan designation and the R-2 zoning district which permits duplexes;

the proposed development occurs within City limits on a project site of no more than five acres substantially surrounded by urban uses; the site has no value as habitat for endangered, rare, or threatened species; the project would not result in any significant effects relating to traffic, noise, air quality or water quality; the site can be adequately served by all required utilities and public services. The proposed project meets all these conditions as discussed in this report. No further environmental review is necessary.

ANALYSIS:

The property is properly General Planned and Zoned for such a use. The proposal meets the Zoning standards with respect to setbacks, height, parking, and lot coverage. The parking required for each duplex unit is two off-street spaces and two off-street spaces are provided. Staff is of the opinion the proposed building’s design, materials and colors are attractive and consistent with the neighborhood. The front elevations have a variety of textures and visual interest provided by the two complementmy colors, belly band, vent, and trim.

RECOMMENDATION:

Staff is of the opinion that each new duplex would be an asset to the City and beneficial to the City providing needed more affordable housing and helping to fulfill the goals and programs expressed within the City’s recently adopted Housing Element. Staff is recommending that the Planning Commission adopt two resolutions, one for each duplex in order to provide an independent approval and record for each separate building on its own lot. Each Resolution 2017-_, and 2017-_, recommends the City Council approve each duplex’s Site Plan / Design Review 2017-02, with their attached conditions of approval.

ATTACHMENTS:

1. Resolution 2017-

Exhibit A, Conditions of Approval

2. Resolution 2017-

Exhibit A, Conditions of Approval

3. Project Location and Zoning Map

3. Site Plan, Floor Plan and Elevations

RESOLUTION 2017-

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LIVINGSTON RECOMMENDING TO THE CITY COUNCIL APPROVAL OF THE SITE PLAN AND DESIGN REVIEW 2017-02 FOR A RESIDENTIAL DUPLEX AT 832 SEVENTH STREET (APN 024-183-004), LIVINGSTON, CA

WHEREAS, pursuant to Livingston Municipal Code ("LMC") Section 5-6-7, Renee Moreno, owner and applicant, has submitted Site Plan and Design Review 2017-02 for a residential duplex to be located at 832 Seventh Street, Livingston (Assessor Parcel Number 024-183-004); 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, the proposed project is categorically exempt from the California Environmental Quality Act ("CEQA") under Section 15332 In-Fill Development Projects and a Notice of Exemption will be filed with the Merced County Clerk within five (5) days of project approval; 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 2017-_, 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 2017-_, Exhibit A are hereby approved.

The foregoing resolution was introduced and moved for adoption on May 9, 2017, by ,and being duly seconded by ,was passed by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Chair, 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 shall comply with other Fire Department requirements and standards; and

3. The Developer shall submit a grading plan and improvement plans to conform to the latest edition of the City of Livingston Improvement Standards and all applicable state, federal, and local laws and regulations for both the Seventh Street and alley frontages showing all water, sewer, storm drain, and utility locations and their connection to the City system; and

4. The Developer shall obtain any needed encroachment permits for the project paying the permit fees, plan check and inspection fees, and furnish improvement securities pursuant to the City’s improvement standards, municipal code, and ordinances; and

5. The Developer shall pay all applicable development impact fees for Municipal Facilities, Police, Fire Protection, Streets and Bridges, Water, Domestic Wastewater, Storm Drainage, and Parks; and

6. Unless exempt, the Developer shall prepare a Storm Water Pollution Prevention Plan (SWPPP) pursuant to the California Water Control Board Order No. 2009-0009-DWQ, NPDES No. CA 000002 or Erosion and Sediment Control Plan (ESCP) pursuant to the City of Livingston’s MS4 Phase II Permit for construction activities. Prepare an Erosion Control Plan for storm water and construction BMPs; and

7. Unless exempt, the developer shall prepare a Dust Control Plan (DCP) and file the Plan with the San Joaquin Valley Air Pollution Control District for construction activities; and

8. The Developer shall provide any needed public utility easements and provide all utility services as required by the City Engineer including meters, backflow preventers, post indicator valves, floor drains and provide grease interceptors for non-sanitary or floor drain discharges; and

9. The Developer shall provide low impact development (LID) measures for storm management pursuant to the City of Livingston’s Post-Construction Standards Plan; and

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

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

12. All improvements related to the project shall comply with the requirements of the Americans With Disabilities Act (ADA); and

13. The Developer shall install, at a minimum, an all weather surface for the entire length of the alley between "E" &"F" Streets, as approved by the City Engineer; and

14. The Developer shall comply with the requirements of the Merced Irrigation District including paying all applicable fees, such as the Storm Drainage Fee; and

15. 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

16. 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

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

18. 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.

RESOLUTION 2017-

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LIVINGSTON RECOMMENDING TO THE CITY COUNCIL APPROVAL OF SITE PLAN AND DESIGN REVIEW 2017-02 FOR A RESIDENTIAL DUPLEX ON SEVENTH STREET (APN 024-183-005), LIVINGSTON, CA

WHEREAS, pursuant to Livingston Municipal Code ("LMC") Section 5-6-7, Renee Moreno, owner and applicant, has submitted Site Plan and Design Review 2017-02 for a residential duplex to be located on Seventh Street, Livingston, CA (Assessor Parcel Number 024-183-005); 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, the proposed project is categorically exempt from the California Environmental Quality Act ("CEQA") under Section 15332 In-Fill Development Projects and a Notice of Exemption will be filed with the Merced County Clerk within five (5) days of project approval; 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 2017-_, 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 2017-_, Exhibit A are hereby approved.

The foregoing resolution was introduced and moved for adoption on May 9, 2017, by ,, and being duly seconded by ,was passed by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Chair, 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 shall comply with other Fire Department requirements and standards; and

3. The Developer shall submit a grading plan and improvement plans to conform to the latest edition of the City of Livingston Improvement Standards and all applicable state, federal, and local laws and regulations for both the Seventh Street and alley frontages showing all water, sewer, storm drain, and utility locations and their connection to the City system; and

4. The Developer shall obtain any needed encroachment permits for the project paying the permit fees, plan check and inspection fees, and furnish improvement securities pursuant to the City’s improvement standards, municipal code, and ordinances; and

5. The Developer shall pay all applicable development impact fees for Municipal Facilities, Police, Fire Protection, Streets and Bridges, Water, Domestic Wastewater, Storm Drainage, and Parks; and

6. Unless exempt, the Developer shall prepare a Storm Water Pollution Prevention Plan (SWPPP) pursuant to the California Water Control Board Order No. 2009-0009-DWQ, NPDES No. CA 000002 or Erosion and Sediment Control Plan (ESCP) pursuant to the City of Livingston’s MS4 Phase II Permit for construction activities. Prepare an Erosion Control Plan for storm water and construction BMPs; and

7. Unless exempt, the developer shall prepare a Dust Control Plan (DCP) and file the Plan with the San Joaquin Valley Air Pollution Control District for construction activities; and

8. The Developer shall provide any needed public utility easements and provide all utility services as required by the City Engineer including meters, backflow preventers, post indicator valves, floor drains and provide grease interceptors for non-sanitary or floor drain discharges; and

9. The Developer shall provide low impact development (LID) measures for storm management pursuant to the City of Livingston’s Post-Construction Standards Plan; and

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

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

12. All improvements related to the project shall comply with the requirements of the Americans With Disabilities Act (ADA); and

13. The Developer shall install, at a minimum, an all weather surface for the entire length of the alley between "E" & "F" Streets, as approved by the City Engineer; and

14. The Developer shall comply with the requirements of the Merced Irrigation District including paying all applicable fees, such as the Storm Drainage Fee; and

15. 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

16. 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

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

18. 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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