ǣͳͺǦͲͲͳǢͳͺǦͲͲͳǢ
ͳͺǦͲͲͳǢ
ͳͺǦͲͲͳǢͳͺǦͲͲͳǢ
ͳͺǦͲͲͳǢͳͺǦͲͲͳǢͳͺǦͲͲǢͳͺǦͲͲǢͳͺǦͲͲͻ
ǣ
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
͵Ǥ͵Ǧʹ
Ǥ
ǦǦͳǣ
Ǥ
ǡ
ǡ
Ǧ Ǧ ʹͲ
ሺ
ሻǤ
Ǥ
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ʹͲͳͲǦ
Ǥ
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ʹͲͳͲ
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ǦǦ͵ǣ
ǯ Ǥ ǯ
ሺ
ሻ Ǧ
ǡǡ
ǡ
ǡǡǡ
Exhibit B
451
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
ǯ Ǥ ǯ ሺ ሻ Ǥ ሺǦ͵ሻ Ȁ
ǯ ǡ
ǣx
ǡ
Ǥ
Ǧ ͳ
Ǥ
x
ǡ
ǡ ǯ
Ǥ
x
ǡ
ǡ
Ǥ
Ǥ
342
ATTACHMENT 5
452
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
x
ǯǡ
Ǥ ͵Ǥ͵ǦͶ
ሺ
ሻǤ
ǦǦͳǣ
Ǥ
ǡ
ǡ
Ǧ Ǧ ʹͲ
ሺ
ሻǤ
Ǥ
ǦǦʹǣ
ʹͲͳͲǦ
Ǥ
ǡ
ǡ
ʹͲͳͲǤ
ʹͲͳͲ
ǡ
Ǥ
ǦǦ͵ǣ
ǯ Ǥ ǯ
ሺ
ሻ Ǧ
ǡǡ
ǯ Ǥ
Ǥ
ǡǡǡ
343
ATTACHMENT 5
453
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
ǯ ሺ ሻ Ǥ ሺǦ͵ሻ Ȁ
ǯ ǡ
ǣx
ǡ
Ǥ
Ǧ ͳ
Ǥ
x
ǡ
ǡ ǯ
Ǥ
x
ǡ
ǡ
Ǥ
Ǥ
344
ATTACHMENT 5
454
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
x
ǯǡ
Ǥ
3.3-5 Implementation of the proposed Plan
would expose sensitive receptors to
substantial pollutant concentrations from
new sources of toxic air containments.
ǦͶǣ
ͳǡͲͲͲ
Ǥ
ͳǡͲͲͲ
ǡ ሺሻǡǦ
ሺ
ሻ
Ǧ
ሺ
ሻǤ
ǡ
ǡ
Ǧ
ሺሻǡ Ǥ
ǡ
ǦȀ
ሺሻǡǦ
Ǥ
ǡ
ǡǡ
345
ATTACHMENT 5
455
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
ǡ
ǡ͵ǤͶǦʹ
ǡ
ǡ
.
Ǧ
Ǧͳǣ
Ǥ
ǣ ͳǤ ʹͲ
ሺ ǦሻǤ ʹǤ
ʹͷ
Ǥ
ǡǡǦǡǡ
ǡሺ
ሻǡ ǡ ǡ ǡ
ǡ ǡ
ǡ
Ǧ ǡ
ǡ
ǡ ǡ
ǡ
ǡǡ
ǡ
Ǧ
Ǥ
͵Ǥ
ʹͷ
Ǥ
ͶǤ
ͳͷ
ͳͲ
Ǥ
ǡ ǡ
ǡ
346
ATTACHMENT 5
456
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
Ǥ
ͷǤ ͺͷ
ʹͲͶͲǤ
Ǥ
Ǧ
ሺǤǤ
ǡ
ǡ
ሻǤ
Ǥ ͷͲ
ሺሻ
Ǧ
ʹͲ
Ǥ
3.4-3 Implementation of the proposed Plan
would conflict with an applicable plan,
policy, or regulation adopted for the
purpose of reducing the emissions of
GHGs.
Ǧ
Ǧͳǣ
Ǥ
ǣ ͳǤ ʹͲ
ሺ ǦሻǤ ʹǤ
ʹͷ
Ǥ
ǡǡǦǡǡ
ǡሺ
ሻǡ ǡ ǡ ǡ
ǡ ǡ
ǡ
Ǧ ǡ
ǡ
ǡ ǡ
ǡ
ǡǡ
ǡ
Ǧ
Ǥ
͵Ǥ
COL TM, FM, BP,
PC
347
ATTACHMENT 5
457
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
ʹͷ
Ǥ
ͶǤ
ͳͷ
ͳͲ
Ǥ
Ǥ ͷǤ ͺͷ
ʹͲͶͲǤ
Ǥ
Ǧ
ሺǤǤ
ǡ
ǡ
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Ǥ ͷͲ
ሺሻ
Ǧ
ʹͲ
Ǥ
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Ǥ
ǦͳǤ
Ǥ
ሺǤǤǡ
ǡ
ǡ
ǤሻǤ
͵ǤǦͳǡ
ͳ
ǦͳǤͷ
ǡǡǡ
348
ATTACHMENT 5
458
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
ሺǤǤǡǡ
ǡ
ǡሻ
ǣሺሻͷͷͷͲሺǣͲͲǤǤͳͲǣͲͲǤǤሻሺሻͶͷͷͲሺͳͲǣͲͲǤǤǣͲͲǤǤሻǤ ǡ
ǦǦͺǡ
ǡǦǡǡǣ x
ǡ
ͷǣͲͲǤǤͳʹǣͲͲǤͲͳʹǣͲͲǤǤǣͲͲǤǤ x
ǡ
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ǡ
ͷ ǣͲͲǤǤͳʹǣͲͲǤͷͳʹǣͲͲǤǤǣͲͲǤǤ 3ǤǦ͵
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ƋƵŝƉŵĞŶƚEŽŝƐĞ
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ͳ
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ǡሻ
ǣሺሻͷͷͷͲሺǣͲͲǤǤͳͲǣͲͲǤǤሻሺሻͶͷͷͲሺͳͲǣͲͲǤǤǣͲͲǤǤሻǤ ǡ
ǦǦͺǡ
ǡǦǡǡǣ ǡǡ
ǡ
349
ATTACHMENT 5
459
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
x
ǡ
ͷǣͲͲǤǤͳʹǣͲͲǤͲͳʹǣͲͲǤǤǣͲͲǤǤ x
ǡ
ǡ
ǡ
ͷ ǣͲͲǤǤͳʹǣͲͲǤͷͳʹǣͲͲǤǤǣͲͲǤǤ
͵ǤǦͳ
ǡ
ǡ
Ǧ
.
Ǧ
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ሺ ǡʹͲͲͻሻǤ
Ǣ
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ሺͳʹሻ
Ǥ
ǡ
Ȁ
ǡ
ǡ
Ȁ
Ǧ
Ǥ
ǡ
ǡ
Ǥ
Ǥ
ǡ ǡ
ǡǡ
350
ATTACHMENT 5
460
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
ǡ
ǡǡǡǤ
Ǧǡ
ǡǤ
x
Ǥ
x ͺͲ
Ǥ
x ͺͲ
Ǥ
x
Ǥ
x
Ǥ
Ǧ
ǦʹǣǤ
ሺ
ሻ
ሺ ͳ͵ͳሻǤ
ǡ
Ǧ
ሺ
ǡ
ሻ͵ͲͲ
ǦǦǤ
Ǧ
Ǥ
Ǧ ሺ
ǡǡ
351
ATTACHMENT 5
461
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
ሻ
Ǥ
ǡǦ Ǧ ǡǡǤ ̵
Ǣ
ʹͷͲͷͲǤ
ǡǤ͵ͲͲǯǤ
ͳͷ
ǡ
Ǥ
ǡ
ሺǤǤǡǡǡ ሻǤ
Ǥ
ǡ
Ȁ
Ǥ
ǡȀ
ǤȀ
ǡ
352
ATTACHMENT 5
462
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
ǤǦ
Ǧ͵ǣǤ
Ǧሺͳ ͵ͳሻ
ǡ
Ǥ
Ǧ
ǯ ሺ
ǡʹͲͳʹሻǤ
ǡ
Ǥ
ሺ ͳ͵ͳሻǡ
Ǥ
ͷͲͲ ǡ
Ǥ
ሺ ǡʹͲͳʹሻǤ
Ǥ
ǡ
Ǥ
353
ATTACHMENT 5
463
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
ǡͲǦǦ
Ǥǡ
ǡ
Ǥ
Ǧ
ǦͶǣ
Ǥ
͵ͲͲ
ሺ ͳ͵ͳሻǡ
Ǥ
ǡǦ ʹͷͲ
Ǥ
Ǧ
ǦǦ ǡ
Ǥ
Ǧ
ǦͷǣǤ
ሺǤǤǡͶͲͲ ǡǡǡሻǡ Ǥ
Ǥ
ǡͷͲǦǦ
Ǧ
Ǧ
354
ATTACHMENT 5
464
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
Ǥ
Ǥ
Ǥ
Ǧǡ Ǥ
ǤǦ
Ǧǣ
Ǥ
ǡ
ʹͲͲǤǡ
ǡǡ
Ǥ
Ǥ
ǡ
ͳͶ͵Ͳ
ሺǤǤǡ
ሻǤ
ͳͲͲሺ ͳ͵ͲሻǤ
ʹͲͲ
ሺͳͲͲǦሻǡ ሺͳ
͵ͳሻǤ
Ǥ
355
ATTACHMENT 5
465
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
Ǧ
ǦǣǦ Ǥ
Ȁ ǦሺሻሺͶǦሻ Ǧ Ǧ
ǡ
ǡǡ
Ǥ
ǡǡͷͲͲ ǡǡ
Ǥ
Ǧ
ǦǤ ͵͵Ͳ
Ǥ
Ȁ
Ǥ
ͳ
ͳǡ
ǦǤ Ǧ ǡ
356
ATTACHMENT 5
466
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
ǡǦǤ
ǡ
Ǥ
Ǧ
ǦͺǣǤ
ǡ
ǡǡሺͶǦሻ ሺ ሻ ͷͲǦǦ Ǥ
Ǧ
Ǧ
Ǥ
Ǥ Ǥ
Ǥ
x
ͳͲͲ
Ǥ
ǡǡ
Ǥ
Ǥ
x
Ǥ
x ǡ Ǥ
357
ATTACHMENT 5
467
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
x ሺǦǦ
ሻǤ
Ǧ
ǦͻǣǤ
ͳͷ
͵Ͳǡ
ʹǤ Ǧሺ
ǡǡǡǡ
ǡ
Ǥሻ
ሺǤǤǡǡ
ǡǡ
ǤሻǤ
Ǧ Ǥ
Ǥ
Ǥ
Ǥ
x ͳͳͷሺ ሻ
ሺ
ሻǤ
x
ͳͷ
͵Ͳǡ
ሺǦሻ
Ǥ
x
Ǥ
x
ǡ
ǡ
ͳͷ 358
ATTACHMENT 5
468
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
Ǥ
x
ǡ
͵ͲͳͷǡǤ ǡ
Ǥǡ Ǥ Ǥ
Ǥ ǡ
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Ǥ
ሺǤǤǡǡǡ
ሻ
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ሺǤǤǡ ሻ Ǥ
Ǥ
ǯ ǡ ǡ
Ǥ
ǡ
Ǥ
ǡ
ǡǡ
Ǥ
ǡ ǡ
ǡ
359
ATTACHMENT 5
469
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
Ǥ
Ǥ
Ǥ
Ǧ
ǦͳͳǣǤ
x
ǡ
Ǥ Ǧ
Ǥǡ
ʹǣͳሺǤǤǡ
Ȁ
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ሺ Ǧ
ሻǤ
Ǥ
ͷǡ Ǥ
x
ሺ
ሻ
ǯ
ǡ Ǥ
Ǧ
360
ATTACHMENT 5
470
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
Ǧ
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Ǥ
Ǥ
ǡ
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x
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ǡǡǡ ǡ
ǡ
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361
ATTACHMENT 5
471
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
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362
ATTACHMENT 5
472
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
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363
ATTACHMENT 5
473
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
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364
ATTACHMENT 5
474
CITY OF LIVERMORE COMMUNITY
DEVELOPMENT DEPARTMENT
DEVELOPMENT IMPACT
AND CONNECTION FEES
Effective July 1, 2021
TYPE OF FEE CITY CODE AND
RESOLUTION WHEN PAYABLE
City Storm Drainage Title 13.44.020,050,100 With Building Permit Ord. 1923
Reso. 2010-177
County Storm Drainage ACFC & WCD With Building Permit
Building Zone 7 Co. Ord. 0-2010-001
Reso. R-2001-4
County Storm Drainage ACFC & WCD With filing of Final Map Public Improvements e.g. Co. Ord. 0-2010-001 or approval of streets, sidewalks, Reso. R-2001-4 Improvement Plans
trails, etc.
County Storm ACFC & WCD With award of
Drainage - Capital Co. Ord. 0-2010-001 contract
Improvements Reso. R-2001-4
Sanitary Sewer Title 13.28.050 With Building Permit
Connection Ord. 1740
Reso. 2010-177
Park Land Dedication Title18.32.020
Ord. 1744
Reso. 2004-259
Concurrently with, or
before the filing of the first
parcel or final map
Park Facilities Fee Title 12.60
Ord. 1743
Reso. 2005-152
With Building Permit
City Water Title 13.20.020 With Building Permit 5/8" $4,839 Connection (1) Ord. 1507 3/4" $7,259
Reso. 2010-177 1" $12,098
1-1/2" $24,196
2" $38,714
Alameda County Ord. FC 72-1 as With Building Permit 5/8" $29,440 Water Connection amended by 3/4" $44,160
Zone 7 FC-96-1792 and See Zone 7 Attachment 1" $73,600
updated 10-20-10
In-Lieu Low Income Title 3.26 With Building Permit
Housing Fee Reso. 2020-186
(Residential)
For Sale & Neighborhood
Plan Areas
Ord. 1988 and 1989
Low Income Housing Title 3.26 With Building Permit Commercial Unit KSF Fee per Unit Impact Fee Reso. 99-18 Retail Commercial KSF $1,935
(Commercial and Ord. 1549 Discount/Service Retail KSF $1,457 Industrial) Office Commercial KSF $1,243
Hotels/Motels Room $949
Industrial
Manufacturing KSF $597
Warehouse/Storage KSF $173
Business/Commercial KSF $1,234
Industrial, High Intensity KSF $612
Industrial, Low Intensity KSF $387
NOTE: Subject to adjustment each year per Construction Cost Index (1) Areas within the California Water Service Area do not pay a City water connection fee. Areas within the Greenville/Vasco Assessment District or within Triad Park do not pay a City water connection fee. The fee for a single family residential unit is the 5/8 inch meter fee. (2) All projects within the Downtown Specific Plan are subject to both City Wide General Plan & Downtown Specific Plan cost recovery. Any project that paid planning entitlement fees prior to July 27, 2008 is not subject to this fee, regardless of when they pull building permits.
NOTE: No impact fees can be charged for ADUs less than 750 square feet. Impact fees allowed for ADUs 750 square feet or larger but shall be charged proportionately in relation to square footage of the primary dwelling.
AMOUNT OF FEE
$0.49/SF
Impervious Surface
$1.00/SF
Impervious Surface
$1.00/SF
Impervious Surface
$1.00/SF
Impervious Surface
Price per User for Meter Size, FOR LARGER METERS, INQUIRE See Attached
Exhibit "B"
The City may approve a credit against the Park Facilities Fee for park land dedication made under LMC 18.32.020. The credit may not exceed the value of the dedication requirement. See LMC 12.60.070 for credit details N/A for Non-Residential
See Attached
Exhibit "A"
Price per User for Meter Size, FOR LARGER METERS, INQUIRE $29.23/SF for all residential housing developments 10 units or less. Projects more than 10 units are subject to must-build requirement of ordinance.
Rental projects 10 units or less are exempt from In-Lieu. Effective 7/28/21, on-site requirement applies for 11+unit projects.
Exhibit C
ATTACHMENT 5
475
CITY OF LIVERMORE COMMUNITY
DEVELOPMENT DEPARTMENT
DEVELOPMENT IMPACT
AND CONNECTION FEES
Effective July 1, 2021
TYPE OF FEE CITY CODE AND
RESOLUTION WHEN PAYABLE AMOUNT OF FEE
Traffic Impact Fee
NOTE: If special
Assessment District
exists, special
calculations are required
For info regarding the
appropriate
development categories
see Section 12.30 of
the City of Livermore
Municipal Code
With Building Permit
Reso 2005-151
Ord. 1742
Tri-Valley Title 12.24.050 With Building Permit Residential Transportation Ord. 2012 Single family
Development (TVTD) Reso. 2014-184 Multi-family
Fee Affordable Housing*
ADU/SDU** $0.00
*Reso 2015-01 Non Residential
**Reso 2019-03 Retail
Office
Industrial
See Attached Annual
Adjustment to TVTD Fee
Other
Social/Human Services
Facility Fee
Title 12.70
Ord. 1851
With Building Permit
Ord. 1836 Title 12.51 0.33% of total project
valuation
Residential Fee Per Unit
Dwelling Unit $6,334
Non Residential (6) Per SF
Retail/Office $19.52
(1) Areas within the California Water Service Area do not pay a City water connection fee. Areas within the Greenville/Vasco Assessment District or within Triad Park do not pay a City water connection fee. The fee for a single family residential unit is the 5/8 inch meter fee.
See Attached
Exhibit "E"
DOWNTOWN SPECIFIC PLAN DEVELOPMENT FEES
TYPE OF FEE
In-Lieu Payment for Public Open Space Resolution 2005-041 Resolution 2017-006
Major attraction fee Resolution 2003-114
In-Lieu Parking Fee
Downtown Revitalization Fee Title 12.32
NOTE: No impact fees can be charged for ADUs less than 750 square feet. Impact fees allowed for ADUs 750 square feet or larger but shall be charged proportionately in relation to square footage of the primary dwelling.
NOTE: Subject to adjustment each year per Construction Cost Index $1,428
South Livermore Road Improvement fee Resolution 2003-114 $11,990 City Wide - Transferrable Development Credits (TDC) Program In-Lieu Fee Ordinance 1979, Development Code Section 4.02.06D
1.5 Credits per single-family detached dwelling, in excess of baseline density within a density range of 1-7 du/acre, 1.25 credits per single family detached dwelling in excess of baseline density within a density range of 8-14 du/acre and 1/2 credit per multi-family attached dwelling - Current InLieu credit is $16,352.31. TDC Ordinance does not apply to residential projects in Downtown Specific Plan, affordable units covered by an agreement and residential projects that have received housing units through the City's Housing Implementation Program (HIP). $3,484.00
CITY RESOLUTION AMOUNT OF FEE
$50 per square foot of required open space
(2) All projects within the Downtown Specific Plan are subject to both City Wide General Plan & Downtown Specific Plan cost recovery. Any project that paid planning entitlement fees prior to July 27, 2008 is not subject to this fee, regardless of when they pull building permits. $1,559
Recycled water fee Resolution 98-175 20% of the current Alameda County Water Connection Fee
SOUTH LIVERMORE VALLEY SPECIFIC PLAN DEVELOPMENT FEES (1)
TYPE OF FEE CITY CODE AND RESOLUTION FEE PER RESIDENTIAL UNIT Plan preparation fee Resolution 2003-114
$20,745.40
Art in Public Places Fee
$5,000.00
$0.00
Average Peak Hour Trip
$5,620.00
Per KSF
$3,740.00
$8,590.00
ART IN PUBLIC PLACES
The City of Livermore collects School Mitigation Development Fees (school fees) on behalf of the Livermore Valley Joint Unified School District. The fees must be paid for by cash or a check made out to the City of Livermore. Fees are due upon issuance of a qualifying building permit.
See Attached Exhibit "D"
See Attached Exhibit "C"
SCHOOL IMPACT FEES:
SOCIAL / HUMAN SERVICES FACILITY
Fee Per Unit
$5,057.00
ATTACHMENT 5
476
CITY OF LIVERMORE
COMMUNITY DEVELOPMENT DEPARTMENT
EFFECTIVE 07/01/2021
Avg Daily Wastewater
Flow Factor Cost Per Cost Per
User Classification Gallons Per Day/Unit Unit1 GPD Unit Residential (BOD & SS = 285 mg/L)
Single-family residential 180 House $40.11 $7,219.83
Multi-family residential
Studio 95 Residential Unit $40.11 $3,810.47
One Bedroom 107 Residential Unit $40.11 $4,291.79
Two Bedroom 138 Residential Unit $40.11 $5,535.21
Three Bedroom 157 Residential Unit $40.11 $6,297.30
Four Bedroom 180 Residential Unit $40.11 $7,219.83
Commercial (BOD & SS = 285 mg/L unless otherwise shown) Auto repair shops/Auto dealers 0.11 Square Foot of Bldg $40.11 $4.41 Assembly Facilities2 0.15 Square Foot of Bldg $40.11 $6.02 Eating drinking facilities w/o cooking 0.35 Square Foot of Bldg $40.11 $14.04 Gas Stations 0.47 Square Foot of Bldg $40.11 $18.85
General Use 0.04 Square Foot of Bldg $40.11 $1.60
Gyms, Health Clubs 0.30 Square Foot of Bldg $40.11 $12.03 Hotels, Motels (excluding dining facilities) 0.15 Square Foot of Bldg $40.11 $6.02 Markets 0.19 Square Foot of Bldg $40.11 $7.62
Mixed Use3 0.10 Square Foot of Bldg $40.11 $4.01
Medical/Dental Office/ Clinic 0.22 Square Foot of Bldg $40.11 $8.82 Restaurants (1,000 mg/L BOD, 600 mg/L SS) 0.55 Square Foot of Bldg $59.10 $32.51 Warehouse/Distribution 0.01 Square Foot of Bldg $40.11 $0.40 Industrial/Other (Other Wastewater Customers Not Listed Above) Calculate Case-by-Case Based on Actual Flows/Strengths and Following Rates Connection Fee = (F x "Flow") + (B x "BOD") + (S x "SS") F = Flow cost $/gpd $31.06
B = BOD cost $/lb-day $2,702.16
S = SS cost $/lb-day $1,099.96
discharge
flow, in
"BOD" = The
"SS" = The
Governing Municipal Code Section: 13.28.050
Index Used: ENR 20- City Construction Cost Index
Previous % Change
Base Fee Current Previous Update
Year Update Fee Update to Current Update
Indices: (A) (B) (C) (D) =(C/B)-1
Index Date May-10 May-20 May-21
Index Value 8,761.47 11,418.16 11,989.91 5.01%
Discussion:
Notes:
4. This value is based by formula on BOD
6. Adjustments. The city council may, by resolution, adjust the fee schedule, including the flow factors, from time to time.
Once the fee is established, it shall automatically be increased annually based upon the Engineering News Record (ENR) 20- City construction Cost Index. In calculating the adjustment, the rate (in each use category, including the flow, BOD and SS costs) for the base year is multiplied by the index for the then-current year, divided by the base year index.
EXHIBIT A
1. Building square footage means the square footage sum of the floor area at each floor level included with the surrounding principal outside faces of exterior walls of a building or portions thereof, including mezzanines and lobbies. It does not include floor area devoted to vehicle parking, necessary interior driveways and ramps. The gross floor area of a building or portions thereof that doesn't have surrounding exterior walls shall include the usable area under the horizontal projection of the roof or floor above.
3. Mixed Use applies to parcels with Mixed Use zoning and in the Downtown Core District only.
2. Theaters can alternately estimate daily flow based on 2 gallons per seat ($80.22 per seat) The base year unit fees for Flow, BOD, and SS were determined in the March 2010 Wastewater, Water, Storm Drain Connection Fee Study for Expansion of Sanitary Sewer, Water Reclamation Plant, and Wastewater Disposal Facilities prepared for the City of Livermore by Craig R. Lawson Utility Management Consultant.
Wastewater Connection Fee Schedule
(fees Calculated from base year)
ATTACHMENT 5
477
CITY OF LIVERMORE
COMMUNITY DEVELOPMENT DEPARTMENT
EFFECTIVE 07/01/2021
Non-Residential (per 1,000 sq ft)
Source - Park Facilities Fee Study (2004) Table 8; MuniFinancial $12,552
$3,599
Multi-Family Studio
Residential (per dwelling unit)
EXHIBIT B
Park Facilities Fee Schedule
Single Family (& 4 bedroom multi-family) $21,155
LAND USE TOTAL FEE
Warehouse $1,339
Commercial $2,682
Multi-Family 3 bedrooms $18,406
Multi-Family 2 bedrooms $16,221
Senior Housing
$11,215
$1,783
Office $3,835
Industrial
Multi-Family 1 bedroom
ATTACHMENT 5
478
CITY OF LIVERMORE
COMMUNITY DEVELOPMENT DEPARTMENT
EFFECTIVE 07/01/2021
Units of Use Fee Rates
d.u. $10,546
d.u. $4,915
d.u. $5,502
d.u. $7,110
d.u. $8,314
d.u. $3,236
K s.f. $28,641
K s.f. $18,335
K s.f. $11,384
K s.f. $5,751
per/room $8,268
d.u. $3,017
d.u. $3,378
d.u. $4,365
d.u. $5,104
K s.f. $12,968
Average Peak Hour Trip $13,179
Land Uses
Citywide Except Downtown
Residential
Single-Family
Multi-Family
Studio
Hotel/Motel
Downtown Specific Plan
1 Bedroom
2 Bedroom
3 or more Bedroom
Senior Housing
Commercial
Office
Other
EXHIBIT C
Traffic Impact Fees Schedule
Multi-Family
Studio
1 Bedroom
Industrial
Warehouse
Commercial
3 or more Bedroom
2 Bedroom
ATTACHMENT 5
479
CITY OF LIVERMORE
COMMUNITY DEVELOPMENT DEPARTMENT
EFFECTIVE 07/01/2021
Livermore Valley Joint Unified School District Resolution: 044 - 19/20 Fee Effective May 18, 2020 (see attached Reso)
INDUSTRIAL/WAREHOUSE/MANUFACTURING $0.66/sq.ft.
OFFICE $0.66/sq.ft.
RESEARCH & DEVELOPMENT $0.66/sq.ft.
HOSPITALS $0.66/sq.ft.
RETAIL & SERVICES $0.624/sq.ft.
HOTEL/MOTEL: $0.316/sq.ft.
SELF STORAGE $0.18/sq.ft.
RESIDENTIAL: $4.08/sq.ft.
(Includes single family home, multi-family home, manufactured home, and mobile home) SENIOR HOUSING $0.66/sq.ft.
(Includes manufactured home or mobile home located in a mobile home park, subdivision, cooperative or condiminium for mobile homes limited to 55 and older residents.)
RESIDENTIAL ADDITIONS $4.08/sq.st. (501 sq.ft. or more) (Residential additions 500 sq.ft. or less and senior housing projects are exempt) * Additions are cumulative over time to a limit of 500 sf before fees square footage.
** The fee owed is based upon the fee amount in effect at the time the fee is paid.
LIVERMORE VALLEY JOINT UNIFIED SCHOOL DISTRICT
685 East Jack London Blvd, Livermore, Ca 94551
FACILITIES PLANNING AND CONSTRUCTION
Jan Shipley, Construction Supervisor (925) 606-3390
Facilities Fax Number (925) 606-3327
Exhibit "D"
LIVERMORE VALLEY JOINT UNIFIED SCHOOL DISTRICT
SUMMARY OF SCHOOL MITIGATION PROGRAM
are assesed. Once assessed, fees are paid on the entire added ATTACHMENT 5
480
CITY OF LIVERMORE
COMMUNITY DEVELOPMENT DEPARTMENT
EFFECTIVE 07/01/2021
Units of Use Fee Rates
d.u. $1,677
d.u. $1,415
d.u. $1,298
d.u. $996
d.u. $996
K s.f. $7
K s.f. $5
K s.f. $5
K s.f. $3
K s.f. $2
K s.f. $6
K s.f. $3
K s.f. $5
Retail
Office
Other Non-Residential
Service
Industrial
Manufacturing/R&D
Warehousing
Construction/Repair/Wholesale
EXHIBIT E
Social and Human Service Facility Fee Schedule
Land Uses
Residential Uses
Mobile Home
Single-Family Detached
Single-Family Attached
Multi-Family
Office
Secondary Unit
Non-Residential Uses
Commercial
ATTACHMENT 5
481
ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, ZONE 7 100 NORTH CANYONS PARKWAY, LIVERMORE, CA 94551 PHONE (925) 454-5000 FAX (925) 454-5727 (FC) December 28, 2020
Subject: 2021 Update for Development Impact Fee for Flood Protection and Storm Water Drainage
This letter is to inform Zone 7’s development community that the Flood Protection and Storm Water Drainage Development Impact Fee (DIF) for 2020 will remain to be $1.00 per square foot of new impervious area, for the time being. Please continue to utilize the existing Development Impact Fee Impervious Surface Calculations worksheet (enclosed), which is also available in Adobe PDF format on Zone 7’s website www.zone7water.com, located under the Quick Links column under Permits & Fees.
Developers (or property owners) need to submit to the collecting City/County agencies, prior to approval of any final map and/or issuance of any building (or use) permit, a current Development Impact Fee Impervious Surface Calculations worksheet and associated plot plan for each individual building lot (or Parcel) requiring a building (or use) permit and any Parcel/Tract proposing streets, sidewalks, or other non-building impervious areas in its development. All impervious square-footage of the parcel should be reported whether there is an impact or not. The worksheet is to be filled out in its entirety, for Zone 7 and the Cities’/County’s use and record. Zone 7’s collecting agents are to fill out the staff section of the worksheet, acknowledging collection of the fees, and are to return the completed worksheets to Zone 7 for their use and record of the fee collection.
Should you have any questions concerning the Development Impact Fee update or collection process please contact me at (925) 454-5075 or email at [email protected], and I will be glad to discuss them with you.
Sincerely,
Jeff Tang, P.E.
Associate Civil Engineer
Flood Control Engineering
Enclosure
cc: Jarnail Chahal, Zone 7
Joe Seto, Zone 7
Digitally signed by Jeff Tang
DN: cn=Jeff Tang, o=Zone 7 Water Agency,
ou, [email protected], c=US
Date: 2020.12.28 13:38:22 -08'00'
ATTACHMENT 5
482
Zone 7 M&I Connection Fee
Rate Schedule
Effective Janaury 1, 2021
Meter Size
Recommended
Maximum Rate for
Continuous Use
(gpm)
Connection Fee
Amount
5/8" & 1" FS* 10 $29,440
3/4" 15 $44,160
1" 25 $73,600
(DISPLACEMENT TYPE) 50 $147,200
Omni C2 160 $471,040
Omni T2 160 $471,040
OMNI WITH
50GPM RESTRICTION 50 $147,200
(DISPLACEMENT TYPE) 80 $235,520
OMNI WITH
80GPM RESTRICTION 80 $235,520
Mueller MVR
Pleasanton Only 115 $338,560
OMNI WITH
120GPM RESTRICTION 120 $353,280
Omni C2 160 $471,040
Omni T2 200 $588,800
3" to 10" **
* When the Fire Department requires fire sprinklers, a 1-inch meter may be obtained at the same rate as a 5/8-inch meter.
** Connection fees for meter sizes 3-inches and above will be determined by using the fee factor for maximum continuous flow rate.
Fees for meters other than those listed above will be determined based upon the maximum continuous flow rating for the brand and type of meter.
These fees are based on the Maximum Continuous Flow Rate through a 5/8" meter as defined by AWWA C700 for Cold-Water Meter -- Displacement Type, Bronze Case.
Any changes to meter capacities will affect the above connection fees.
REV 01/07/2020
Currently, the 2-inch Mueller MVR is only available in Pleasanton. 1 1/2"
2"
e:\steven\connfee\admin\connfee2002\connection fee rate schedule 01-01-21 Zone7M&I w-gpm ATTACHMENT 5
483
REV 01/04/2021
ALAMEDA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, ZONE 7 100 NORTH CANYONS PARKWAY, LIVERMORE, CA 94551 PHONE (925) 454-5000 FAX (925) 454-5727
WATER CONNECTION FEE INFORMATION SHEET
Effective January 1, 2021
I. GENERAL BACKGROUND
A. The Water Connection Charge Ordinance No. FC 72-1 as amended for Zone 7 was established January 18, 1972. The ordinance is applicable over the Zone 7 area that includes Livermore, Pleasanton, Dublin, Sunol, and surrounding communities.
The Ordinance requires a one-time water connection fee for all new water services from a water system that is directly connected to the Zone 7 water supply system.
This fee is used for funding the costs of expanding the Zone 7 water treatment and distribution system to serve new development.
B. The amount charged for a water connection is determined by the size of the meter to be installed. The meter sizes and corresponding water connection fees are listed below.
II. PROCEDURES FOR PAYMENT OF WATER CONNECTION FEES IN LIVERMORE,
PLEASANTON, & DUBLIN
The water connection fees are collected by the Building Departments of the Cities of Livermore and Pleasanton, and by the Dublin San Ramon Services District, which are agents for Zone 7. For that area within the Cal Water service area which is located outside of the Livermore city limits, connection fees will be paid at the Zone 7 office in Livermore.
III. WATER CONNECTION FEE SCHEDULE - FEES ARE REVIEWED AND SUBJECT TO
PERIODIC MODIFICATION
Meter Size Fee Factor Connection Fee
5/8" & 1" FS* 1.0 $29,440
3/4" 1.5 $44,160
1" 2.5 $73,600
1 1/2"
(DISPLACEMENT TYPE) 5.0 $147,200
Omni C2 16.0 $471,040
Omni T2 16.0 $471,040
2"
OMNI WITH 50GPM RESTRICTION 5.0 $147,200
(DISPLACEMENT TYPE) 8.0 $235,520
OMNI WITH 80GPM RESTRICTION 8.0 $235,520
Mueller MVR - Pleasanton Only 8.0 $235,520
OMNI WITH 120GPM RESTRICTION 12.0 $353,280
Omni C2 16.0 $471,040
Omni T2 20.0 $588,800
ATTACHMENT 5
484
REV 01/04/2021
* Connection fees for meters 3-inch and larger and for meters with fee factors other than those listed above, will be determined by Zone 7, using the fee factor for Maximum Rate for Continuous Operation, as defined by AWWA. These fees are based on the Maximum Continuous Flow Rate through a 5/8" meter and are proportional based on flow ratings for the various sized meters. Flow ratings for displacement type meters are defined by AWWA C700 for Cold-Water Meter -- Displacement Type, Bronze Case. Flow ratings for turbine type meters are defined by AWWA C701 for Cold Water Meters -- Turbine Type, For Customer Service. Any changes to meter capacities will affect the above connection fees.
NOTE: This new fee schedule is effective January 1, 2021 IV. EXEMPTIONS
No fee will be collected for SEPARATE private fire service connections. See Section VI of the Ordinance (copy available upon request).
V. PARTIAL EXEMPTIONS
A partial exemption sometimes applies for domestic fire sprinkling systems up to 1" meter size. See Section VI of the Ordinance (copy available upon request).
VI. FOR FURTHER INFORMATION
Call Steven Ellis at (925) 454-5037 or e-mail at [email protected].
ATTACHMENT 5
485
RESOLUTION NO. 044-19/20
TO UPDATE STATUTORY DEVELOPER FEES IMPOSED ON NEW RESIDENTIAL
AND COMMERCIAL/INDUSTRIAL DEVELOPMENT PROJECTS PURSUANT TO EDUCATION CODE SECTION 17620
WHEREAS, the School Board ("Board") of the Livermore Valley Joint Unified District ("District") provides for the educational needs for TK-12 students within the City of Livermore and a portion of the unincorporated counties of Alameda and Contra Costa (collectively, "Counties"); and WHEREAS, The State Allocation Board has taken action pursuant to Government Code Section 65995(b)(3), which authorizes Districts to increase Statutory Developer Fees to $4.08 per square foot for assessable space of residential development and $0.66 per square foot of chargeable covered and enclosed space for all categories of commercial/industrial development, as long as such Statutory Developer Fees are properly justified by the District pursuant to law; and WHEREAS, new residential and commercial/industrial development continues to generate additional students for the District's schools and the District is required to provide school facilities ("School Facilities") to accommodate those students; and
WHEREAS, overcrowded schools within the District would have an impact on the District's ability to provide an adequate quality education and negatively impacts the educational opportunities for the District's students; and
WHEREAS, the District does not have sufficient funds available for the construction or reconstruction of the School Facilities, including acquisition of sites, construction of permanent School Facilities, and acquisition of interim School Facilities, to accommodate students from new residential and commercial/industrial development; and
WHEREAS, the Board of the District has received and considered two studies entitled "Residential Development School Fee Justification Study for Livermore Valley Joint Unified District" and "Commercial/Industrial Development School Fee Justification Study for Livermore Valley Joint Unified District" ("Studies"), which Studies include information, documentation, and analysis of the School Facilities needs of the District, including (a) the purpose of the Statutory Developer Fees; (b) the use to which the Statutory Developer Fees are to be put; (c) the nexus (roughly proportional and reasonable relationship) between the residential and commercial/industrial development; and (1) the use for Statutory Developer Fees; (2) the need for School Facilities; (3) the cost of School Facilities; and the amount of Statutory Developer Fees from new residential and commercial/industrial development; (d) a determination of the impact of the increased number of employees anticipated to result from the commercial/industrial development (by category) upon the cost of providing School Facilities within the District; (e) an evaluation and projection of the number of students that will be generated by new residential development; (n the new School Facilities that will be required to serve such students; and (g) the cost of such School Facilities; and WHEREAS, said Studies pertaining to the Statutory Developer Fees and to the capital facilities needs of the District were made available to the public as required by law before the Board considered at a regularly scheduled public meeting the Statutory Developer Fees; and -1-
ATTACHMENT 5
486
(
WHEREAS, all required notices of the proposed Statutory Developer Fees have been given; and WHEREAS, a Public Hearing was held at a regularly scheduled meeting of the Board of the District relating to the proposed Statutory Developer Fees; and
WHEREAS, Education Code Section 17621 provides that the adoption, increase or imposition of any fee, charge, dedication, or other requirement, pursuant to Education Code Section 17620 shall not be subject to Division 13 (commencing with Section 21000) of the Public Resources Code.
NOW, THEREFORE, THE SCHOOL BOARD OF THE LIVERMORE VALLEY JOINT UNIFIED SCHOOL DISTRICT DOES HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
Section 1. That the Board accepts and adopts the Studies.
Section 2. That the Board finds that the purpose of the Statutory Developer Fees imposed upon new residential development is to fund the additional School Facilities required to serve the students generated by the new residential development upon which the Statutory Developer Fees are imposed.
Section 3. That the Board finds that the Statutory Developer Fees imposed on new residential development will be used only to finance those School Facilities described in the Study and related documents and that these School Facilities are required to serve the students generated by the new residential development within the District; and that the use of the Statutory Developer Fees will include construction or acquisition of additional School Facilities, remodeling existing School Facilities to add additional classrooms, and technology, and acquiring and installing additional portable classrooms and related School Facilities, with the specific location of new schools, remodeling of existing School Facilities, and additional portables to be determined based on the residence of the students being generated by such new residential development, as well as any required central administrative and support facilities, within the District.
Section 4. That the Board finds that there is a roughly proportional, reasonable relationship between the use of the Statutory Developer Fees and the new residential development within the District because the Statutory Developer Fees imposed on new residential development by this Resolution, will be used to fund School Facilities which will be used to serve the students generated by such new residential development.
Section 5. That the Board finds that there is a roughly proportional, reasonable relationship between the new residential development upon which the Statutory Developer Fees are imposed, and the need for additional School Facilities in the District because new students will be generated from new residential development within the District and there is not sufficient capacity in the existing School Facilities to accommodate all additional students.
Section 6. That the Board finds that the amount of the Statutory Developer Fees levied on new residential development as set forth in this Resolution is roughly proportional and reasonably related to, and does not exceed the cost of, providing the School Facilities required to serve the students generated by such new residential development within the District. ·
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ATTACHMENT 5
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Section 7. That the Board finds that the purpose of the Statutory Developer Fees imposed on new commercial/industrial development is to fund the additional School Facilities required to serve the students generated by the new commercial/industrial development upon which the Statutory Developer Fees are imposed.
Section 8. That the Board finds that the Statutory Developer Fees imposed on new commercial/industrial development (by category) will be used only to finance those School Facilities described in the Studies and related documents and that these School Facilities are required to serve the students generated by such new commercial/industrial development; and that the use of the Statutory Developer Fees will include construction or acquisition of additional School Facilities, remodeling existing School Facilities to add additional classrooms and technology, and acquiring and installing additional portable classrooms and related facilities, with the specific location of new schools, remodeling of existing School Facilities, and additional portables to be determined based on the residence of the students being generated by such new commercial/industrial development, as well as any required central administrative and support facilities within the District.
Section 9. That the Board finds that there is a roughly proportional, reasonable relationship between the use of the Statutory Developer Fees and new commercial/industrial development by category within the District because the Statutory Developer Fees imposed on commercial/industrial development by this Resolution will be used to fund School Facilities which will be used to serve the students generated by such new commercial/industrial development.
Section 10. That the Board finds that there is a roughly proportional, reasonable relationship between the new commercial/industrial development by category, upon which the Statutory Developer Fees are imposed, and the need for additional School Facilities in the District because new students will be generated from new commercial/industrial development within the District and the District does not have sufficient student capacity in the existing School Facilities to accommodate these anticipated students.
Section 11. That the Board finds that the amount of the Statutory Developer Fees levied on new commercial/industrial development by category as set forth in this Resolution is roughly proportional and reasonably related to and does not exceed the cost of providing the School Facilities required to serve the students generated by such new commercial/industrial development within the District.
Section 12. That the Board finds that a separate account has been established for the deposit of Statutory Developer Fees imposed on residential and commercial/industrial development and that said account has at all times since been separately maintained, except for temporary investments, from other funds of the District.
Section 13. That the Board finds that the funds of the account, described in Section 12, consisting of the proceeds of Statutory Developer Fees have been imposed for the purposes of constructing and reconstructing those School Facilities necessitated by new residential and commercial/industrial development, and thus, these funds may be expended for those purposes. The Statutory Developer Fees may also be expended by the District for the costs of performing any study or otherwise making the findings and determinations required under subdivisions (a), (b), and (d) of Section 66001 of the Government Code.
In addition, the District may also retain, as appropriate, an amount not to exceed in any fiscal year, three percent (3%) of the fees collected in that fiscal year pursuant to Education Code Section 17620 for reimbursement of the administrative costs incurred by the District in collecting the Statutory Developer Fees. -3-
ATTACHMENT 5
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Section 14. That the Board hereby increases the Statutory Developer Fees as a condition of approval of new residential development projects and imposes the Statutory Developer Fees on such development projects in the following amounts:
A. $4.08 per square foot of assessable space for new single family detached residential development and new multifamily attached residential development, including new residential projects, manufactured homes and mobile homes as authorized under Education Code Section 17625, and including residential construction other than new construction where such construction results in an increase of assessable space, as defined in Government Code Section 65995, in excess of 500 square feet. However, these amounts shall not be imposed on any development project used exclusively for housing senior citizens, as described in Civil Code Section 51 .3, or as described in Subdivision J of Section 1569.2 of the Health and Safety Code or paragraph 9 of subdivision (d) of Section 15432 of the Government Code or any mobile home or manufactured home that is located within a mobile home park, subdivision, cooperative or condominium for mobile homes limited to older persons as defined by the Federal Fair Housing Amendments of 1988.
B. $0.66 per square foot of assessable space for new residential development used exclusively for the housing of senior citizens, as described in Section 51 .3 of the Civil Code or as described in subdivision J of Section 1569 of the Health and Safety Code or paragraph 9 of subdivision (d) of Section 15432 of the Government Code or any mobile home or manufactured home that is located within a mobile home park, subdivision, cooperative or condominium for mobile homes limited to older persons as defined by the Federal Fair Housing Amendments of 1988.
Section 15. That this Board hereby increases the Statutory Developer Fees as a condition of approval of new commercial/industrial development projects and levies the Statutory Developer Fees on such development projects in the following amounts per square foot of chargeable covered and enclosed space for the following categories of commercial/industrial development:
Retail and Services
Office
Research and Development
Industrial/Warehouse/Manufacturing
Hospitals
Hotel/Motel
Self-Storage
$0.624
$0.66
$0.66
$0.66
$0.66
$0.316
$0.018
Section 16. That the proceeds of the Statutory Developer Fees established pursuant to this Resolution shall continue to be deposited into that account identified in Section 12 of this Resolution, the proceeds of which shall be used exclusively for the purpose for which the Statutory Developer Fees are to be collected, including accomplishing any study, findings or determinations required by subdivisions (a), (b) and (d) of Section 66001 of the Government Code or retaining an amount not to exceed in any fiscal year, three percent (3%) of the fees collected in that fiscal year pursuant to Education Code Section 17620 for -4-
ATTACHMENT 5
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reimbursement of the administrative costs incurred by the District in collecting the Statutory Developer Fees or in financing the described Study or in defending the imposition of Statutory Developer Fees.
Section 17. That the Superintendent, or her designee, is directed to cause a copy of this Resolution to be delivered to the building official of the Cities and Counties within the District's boundaries and the Office of Statewide Health Planning and Development ("OSHPD") along with a copy of all the supporting documentation referenced herein and a map of the District clearly indicating the boundaries thereof, advising the Cities, Counties, and OSHPD that new residential and commercial/industrial development is subject to the Statutory Developer Fees readopted pursuant to this Resolution and requesting that no building permit or approval for occupancy be issued by any of these entities for any new residential development project, mobile home, or manufactured home subject to the Statutory Developer Fees absent a certification from this District of compliance of such project with the requirements of the Statutory Developer Fees, nor that any building permit be issued for any non-residential development absent a certification from this District of compliance with the requirements of the applicable Statutory Developer Fees.
Section 18. That the Board hereby establishes a process that permits the party against whom the commercial/industrial Statutory Developer Fees are imposed, the opportunity for a hearing to appeal that imposition of Statutory Developer Fees for commercial/industrial development as required by Education Code Section 17621(e)(2). The appeal process is as follows:
A. Within ten (10) calendar days of being notified, in writing, (by personal delivery or deposit in the U.S. Mail) of the commercial/industrial Statutory Developer Fees to be imposed or paying the commercial/industrial Statutory Developer Fees, pursuant to Education Code Section 17620, a party shall file a written request for a hearing regarding the imposition of commercial/industrial Statutory Developer Fees. The party shall state in the written request the grounds for opposing the imposition of commercial/industrial Statutory Developer Fees and said written request shall be served by personal delivery or certified or registered mail to the Superintendent of the District.
B. The possible grounds for that appeal include, but are not limited to, the inaccuracy of including the project within the category pursuant to which the commercial/industrial Statutory Developer Fees are to be imposed, or that the employee generation or pupil generation factors utilized under the applicable category are inaccurate as applied to the project.
C. Within ten (10) calendar days of receipt of the written request for a hearing regarding the imposition of commercial/industrial Statutory Developer Fees, the Superintendent of the District, or her designee, shall give notice in writing of the date, place and time of the hearing to the party appealing the imposition of commercial/industrial Statutory Developer Fees. The Superintendent, or her designee, shall schedule and conduct said hearing within thirty (30) calendar days of receipt of the written request. The Superintendent, or her designee, shall render a written decision within ten (10) days following the hearing on the party's appeal and serve it by certified or registered mail to the last known address of the party.
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ATTACHMENT 5
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D. The party against whom the commercial/industrial Statutory Developer Fees are imposed may appeal the Superintendent's, or her designee's, decision to the Board of the District.
E. The party appealing the Superintendent's, or her designee's decision, shall state in the written appeal the grounds for opposing the imposition of the commercial/industrial Statutory Developer Fees and said written appeal shall be served by personal delivery or certified or registered mail to the Superintendent of the District.
F. The possible grounds for that appeal to the Board of the District include, but are not limited to, the inaccuracy of including the project within the category pursuant to which the commercial/industrial Statutory Developer Fees are to be imposed, or that the employee generation or pupil generation factors utilized under the applicable category are inaccurate as applied to the project.
G. Within ten (10) calendar days of receipt of the written request for a hearing regarding the imposition of commercial/industrial Statutory Developer Fees, the Superintendent of the District, or her designee, shall give notice in writing of the date, place and time of the hearing to the party appealing the imposition of commercial/industrial Statutory Developer Fees. The Board of the District shall schedule and conduct said hearing at the next regular meeting of the Board, provided that the party is given notice at least five (5) working days prior to the regular meeting of the Board. The Board shall render a written decision within ten (10) days following the hearing on the party's appeal and serve the decision by certified or registered mail to the last known address of the party.
H. The party appealing the imposition of the commercial/industrial Statutory Developer Fees shall bear the burden of establishing that the commercial/industrial Statutory Developer Fees are improper.
Section 19. That the Superintendent is authorized to cause a certificate of compliance to be issued for each development project, mobile home and manufactured home for which there is compliance with the requirement for payment of the Statutory Developer Fees in the amount specified by this Resolution.
In the event a certificate of compliance is issued for the payment of Statutory Developer Fees for a development project, mobile home or manufactured home and it is later determined that the statement or other representation made by an authorized party concerning the development project as to square footage is untrue, then such certificate shall automatically terminate, and the appropriate City shall be so notified.
Section 20. That no statement or provision set forth in this Resolution, or referred to therein shall be construed to repeal any preexisting fee previously imposed by the District on any residential or nonresidential development.
Section 21. That the District's Statutory Developer Fees will become effective sixty (60) days from the date of this Resolution unless a separate resolution increasing the fees immediately on an urgency basis is adopted by the Board.
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ATTACHMENT 5
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APPROVED AND ADOPTED by roll call vote this 17• day of March 2020. / / AYES: Bueno / Prusso / RoggeL Wenzel_L_White __ _
NOES: Bueno ___ Prusso ___ Rogge ___ Wenzel __ White __ _ ABSTENTIONS: Bueno ___ Prusso __ Rogge ___ Wenzel __ White __ _ ABSENT: Bueno ___ Prusso __ Rogge ___ Wenzel __ White. __ _ BY ~
Clerk of the Board of Educ tion v ore
Valley Joint Unified School Dist ct of Alameda
County and Contra Costa County, State of California
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ATTACHMENT 5
492
To: Tri-Valley Transportation Council
From: TVTC Finance Committee
By: Technical Advisory Committee (TAC)
Date: April 19, 2021
Subject: ADOPT the Tri-Valley Transportation Development Fee Construction Cost Index Annual Adjustment
BACKGROUND
The Joint Exercise of Powers Agreement (JEPA) for the Tri-Valley Transportation Development Fee (TVTDF) specifies that the TVTDF amounts are to be adjusted automatically as of July 1 of each year to reflect changes in regional construction costs. JEPA Section 3(D)(I) requires the TVTC adopt the adjustment by a simple majority.
DISCUSSION
The amount of the adjustment is based on the change in the “Construction Cost Index” (CCI) for the San Francisco Bay Area, as reported annually in the Engineering News Record (ENR). The December 2020 ENR CCI for the San Francisco Bay Area is +3.2%.
RECOMMENDATION
The TVTC Finance Committee recommends the TVTC adopt the Tri-Valley Transportation Development Fee Construction Cost Index Annual Adjustment and notify each TVTC member agency to collect the TVTDF rates as listed below starting July 1, 2021:
Single Family Residential $5,057.00/Dwelling Unit (DU)
Multi-Family Residential $3,484.00/DU
Office $8.59/sq. ft. Gross Floor Area
Retail $3.74/sq. ft. Gross Floor Area
Industrial $5.00/sq. ft. Gross Floor Area
Other $5,620.00/average am/pm peak hour trip
ADU/SDU $0
Affordable Housing $0
Scott Perkins
TVTC Chair
Vice Mayor
San Ramon
(925) 973-2544
Jean Josey
TVTC Vice-Chair
Councilmember
Dublin
(925) 833-2530
Renee Morgan
Mayor
Town of Danville
(925) 918-3999
David Haubert
Supervisor District 1
Alameda County
(925) 551-6995
Candace Andersen
Supervisor District 2
Contra Costa
(925) 957-8860
Brittni Kiick
Councilmember
City of Livermore
(925) 960-4019
Karla Brown
Mayor
City of Pleasanton
(925) 931-5001
ATTACHMENT 5
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TVTDF Historical Fee Rates
2019 2020 2021
Single Family Residential (per DU) $4,650.56 $4,901.00 $5,057.00 Multi-Family Residential (per DU) $3,203.48 $3,376.00 $3,484.00 Office (per SF Gross Floor Area) $7.90 $8.33 $8.59
Retail (per SF Gross Floor Area) $3.41 $3.63 $3.74
Industrial (per SF Gross Floor Area) $4.60 $4.85 $5.00
Other (average am/pm peak hour trip) $5,167.00 $5,446.00 $5,620.00 Affordable Housing * $0.00 $0.00 $0.00
ADU/SDU** $0.00 $0.00 $0.00
*Pursuant to Resolution 2015-01 Adjusting the Tri-Valley Transportation Development Fee Schedule **Pursuant to Resolution 2019-03 – Resetting the Accessory Dwelling Unit/Secondary Dwelling Unit Fee in the Tri-Valley Transportation Development Fee Program
ATTACHMENT 5
494
City of Livermore
1052 South Livermore Ave
Livermore, CA 94550
ATTN: Mr. Jake Potter
Mr. Steve Riley
RE: Shea Homes Portola Avenue, Subdivision (SUB21-006; VTM 8613) and Site Plan Design Review (SPDR21- 005)
Dear Jake and Steve:
Shea Homes Limited Partnership (SHLP) applied under SB330 for City approval of a Vesting Tentative Map and Site Plan Design Review for the combined applications to construct 89 townhomes as part of a for-sale housing development project and 210 apartments as part of a rental housing development project. Included in our application for the for-sale project is a proposal to deed restrict 20 percent (20%) of the proposed for sale units – 18 homes – for sale to moderate income households as defined by Density Bonus Law. 1 Fifteen percent (15%) of
the units would be deed-restricted for sale to moderate income households (100-120% AMI) as defined by the City, with five percent (5%) deed-restricted for sale to median-income households as defined by the City (80-100% AMI).
Because the for-sale project proposes to provide over 10% of the units to be sold to moderate income households, we are requesting that this project be considered a Density Bonus project under California Government Code 65915 and Development Code Section 6.02.030.
Government Code Section 65915(e)(1) provides, in part, that “in no case may a city . . . apply any development standard that will have the effect of physically precluding the construction of a development meeting the criteria of subdivision (b) [a density bonus project] at the densities or with the concessions or incentives permitted by this section.” The right to waivers has been broadly interpreted by the courts. (See Wollmer v. City of Berkeley (2011) 193 Cal.App.4th 1329, 1346–1347 [“Standards may be waived that physically preclude construction of a housing development meeting the requirements for a density bonus, period. [] The statute does not say that what must be precluded is a project with no amenities, or that amenities may not be the reason a waiver is needed.”) “[A] city must offer a waiver or reduction of development standards that would have the effect of physically precluding the construction of a development at the density, or with the requested incentives, permitted by the Density Bonus Law. [] For example, if a city ordinance imposes a building height limitation, a city must waive that limitation for a development that is eligible for a density bonus if imposing the height limit would physically preclude construction of the proposed building with the requested incentives and at the density allowed by the Density Bonus Law. There are no financial criteria for granting a waiver.” (Bankers Hill 150 v. City of San Diego (2022) 74 Cal.App.5th 755, 770.)
SHLP is requesting a waiver or reduction from the following development standards:
1) A reduction in the side and rear setback requirements stipulated in the Isabel Neighborhood Specific Plan (INSP) as it relates to the building setback from any property line that defines a common area parcel.
Requiring the setback to be measured from the lot lines adjacent to private streets would physically 1 The Density Bonus Law cross-references Health & Safety Code Section 50093 for the definition of moderate income households: “‘Persons and families of moderate income’ or ‘middle-income families’ means persons and families of low or moderate income whose income exceeds the income limit for lower income households.” (H&S Code § 50093(b). Median income households exceed the income limit for lower income households.
ATTACHMENT 6
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preclude the alley-loaded townhome residences or require loss of units adjacent to common area landscaped parcels. This project was designed to adhere to all setback requirements in the INSP with regards to property lines that define adjoining residential lots or public rights of way. It was not intended by the applicant that the INSP setback requirements would be enforced on common area parcels that define common drive isles, alleys serving unit garages, or other common area landscape parcels that will be held in fee title by the condominium owner’s association. In many locations on the project the face of the condominium building is as close as 5’ to property line for the parcel that defines the common drive aisle serving the unit garages. In another location the building is as close as 12’ to a common area landscape parcel.
2) If determined to be necessary during processing, a waiver or reduction in the side and rear setback requirements stipulated in the INSP as it relates to property lines other than those defining a common area parcel. If the proposed site plan does not conform with required setbacks to other property lines, the livable area or number of townhomes would need to be reduced and would therefore be physically precluded.
Because the for-sale project reserves 20% of its units for moderate income households, it qualifies for two concessions or incentives. (Gov. Code § 65915(d)(2)(A).) Under Density Bonus Law, a “concession” or “incentive” includes both (i) a reduction in site development standards or a modification of zoning code requirements or architectural design requirements including “site or construction conditions” pursuant to “any ordinance, general plan element, specific plan, charter, or other local condition, law, policy, resolution, or regulation” (Gov. Code § 65915(k)(1), (o)(1) [emphasis added]); and (ii) “[o]ther regulatory incentives or concessions proposed by the developer or the city, county, or city and county that result in identifiable and actual cost reductions to provide for affordable housing costs . . .” (Gov. Code § 65915(k)(3).) The applicant is not required to establish that cost reductions will result. Instead, “[t]he city ... shall bear the burden of proof for the denial of a requested concession or incentive.” (Gov. Code § 65915(d)(4).) Subdivision (d)(1) provides that the city “shall grant the concession or incentive requested by the applicant unless the city ... makes a written finding, based upon substantial evidence, of any of the following:
“(A) The concession or incentive does not result in identifiable and actual cost reductions, consistent with subdivision (k), to provide for affordable housing costs .... “(B) The concession or incentive would have a specific, adverse impact ... upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources .... “(C) The concession or incentive would be contrary to state or federal law.” Schreiber v. City of Los Angeles (2021) 69 Cal.App.5th 549, 555–556.
Livermore Development Code Chapter 10.06 (Dedications, Reservations, Exactions), Section 10.06.050 (Affordable Housing) states that the “developer shall construct reserved units which are representative of the project as a whole, with comparable types of units, bedroom mix, exterior appearance, amenities, and interior fixtures and finishes” and “the number of bathrooms per bedroom shall equal the proportion of bathrooms in the marketpriced units.” (10.06.050(a), (c).) Staff has informed the Applicant that these policies require that the affordable component of the Project include each floor plan offered in the Project at the same ratio as those floor plans are offered as a whole.
The Applicant requests a concession from the requirement to provide each floor plan offered in the Project as opposed to its proposal to provide the townhome floor plan #1 that exceeds the average bedroom count and that exceeds the affordable unit minimum dwelling unit size required by the Development Code. The policy to require each floor plan is a “development standard” or “construction condition” under Government Code 65915 subdivisions k(1) and h, as well as a “regulatory . . . concession” under Government Code 65915 subdivisions k(3) and therefore the proper subject of a concession.
ATTACHMENT 6
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Providing the floor plans proposed by the Applicant, as opposed to those requested by staff, will result in actual costs savings of approximately $768,000 to provide for the Project’s affordable units. This amount represents the estimated loss of project revenue between the units staff is requesting to be designated affordable compared to the units the applicant has proposed to be designated affordable. The units requested by staff also have higher construction costs than the units proposed by the Applicant which is a separate category of cost savings to provide for the affordable units.
SHLP reserves the right to future waivers or reductions in development standards if any come up during the final design process that would preclude the development of the project as proposed in this application.
Under Government Code Section (f)(4), SHLP is entitled to a 15% density bonus. SHLP requests a zero percent density bonus.
SHLP does not request the reduced parking ratios under Government Code Section 65915(p).
Sincerely,
David Best
Community Development Manager
Shea Homes, LP
2630 Shea Center Drive
Livermore, CA 94551
925-245-3631 (o)
925-525-0162 (m)
ATTACHMENT 6
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A link to the Isabel Neighborhood Specific Plan can be found here:
https://www.cityoflivermore.net/government/community-development/bart-to-livermore/isabelneighborhood-plan ATTACHMENT 7
498
A link to the Isabel Neighborhood Specific Plan Environmental Impact Report can be found here:
https://www.cityoflivermore.net/government/community-development/bart-to-livermore/insp-draftand-final-environmental-impact-report-eir ATTACHMENT 8
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Figure 2-3: SUBAREA DIAGRAM
5 ac.
1/2 Mile Radius
1/4 Mile Radius 0 500 1000 2000
FEET
Residential
Transition: 15-25 du/ac
Village: 25-40 du/ac
Center: 40-60 du/ac
Core: 60-100 du/ac
Non-Residential
Neighborhood Commercial
General Commercial
Office Core
Office
Business Park
Airway Business Park
Educational/Institutional
Open Space
Ground Floor Retail/
Overlay Flex Space
K-12 School Overlay
Parking Overlay
New Neighborhood Park/Plaza
Circulation
Valley Link
Existing Street
Proposed Street
Pedestrian Streetscape
Valley Link Pedestrian Bridge
Urban Growth Boundary
Planning Area
S
Subareas
COLL EI R CANYON RD
PORTOLA AVE
ISABEL AVE
NORTH CANYONS PKWY
NORTH CANYONS PKWY
CONSTITUTION DR
INDEPENDENCE DR
AIRWAY BLVD
KITTY HAWK RD
LINDBERGH DR
NISSEN DR
ARMSTRONG ST AIRWAY BLVD
E. AIRWAY BLVD
ISABEL AVE
PORTOLA AVE
E. AIRWAY BLVD
RUTAN DR
DOOLAN RD
INTERSTATE 580
580
Las Positas
College
Valley Link to Isabel Station
A rr o y o L a s Po s i t a s
Livermore Municipal Airport
A r r o y o L a s P o s i t a s
C o l l i e r C a n y o n C r e e k
A r ro y o L a s P o s i t a s
P
I nnovation
Hub
STEALTH ST
SUTTER ST
SHEA CENTER DR
Cayetano
Park
MAIN ST
S
C a y e t a n o C r e e k
S
GATEWAY AVE
1d
2c
3f
2d
3d
3e
2b
3c
3b
3a
2a
1e
1a
4 1b
1c
1 ATTACHMENT 9
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PLANNING COMMISSION STAFF REPORT ITEM NO. 6.1
DATE: July 12, 2022
TO: Chairperson and Members of the Planning Commission
FROM: Steve Stewart, Planning Manager
SUBJECT: Supplemental materials received prior to the meeting.
RECOMMENDED ACTION
SUMMARY
3.1 Hearing to consider a request for Site Plan Design Review and Vesting Tentative Tract Map to
develop the northeast corner of Portola Avenue and Collier Canyon Road. The development
includes 299 total units, consisting of 89 for-sale condominium units and 210 for-rent apartments. The project includes 60 affordable units, 51 accessible units. All residential buildings would be three-story. The applicant has submitted for a density bonus under Government Code section 65915.
Materials: Public Outreach and Added Condition of Approval, PowerPoint Presentation, Public Comments Received, E-Comments Received
DISCUSSION
ATTACHMENTS
1. Supplemental Materials
Prepared by: Michele Donley
Division Clerk
1 ATTACHMENT 11
516
Summary of Neighborhood Meeting
Subsequent to Planning Commission Packet publication, the applicant and staff held a neighborhood meeting with the Montage community to the north of the project site. The meeting was held on Monday, July 11 at 6:30pm via Zoom. Staff and the applicant presented information about the proposed project and answered questions.
Approximately 45 members of the public attended, who were in opposition to or had concerns about the project. Attendees’ primary concerns were as follows:
1. Parking. Neighbors described existing challenges with lack of parking in Montage. Residents stated that students from Las Positas College and users of Cayetano Park use their guest parking. Residents also states that not all Montage residents use their garages, particularly the tandem garages, for parking. The neighbors are concerned the Shea Portola project will increase the neighborhood’s parking challenges.
2. Architectural Style. The neighbors are concerned that the contemporary style does not match the existing more traditional Tuscan/ Mediterranean style of Montage.
3. Access. Neighbors are concerned that the new access road on Dovecote Lane will increase traffic in their neighborhood.
4. Construction. The neighborhood is concerned that the project will cause negative impacts during construction.
5. Screening. The neighborhood would like additional screening between the new project and Montage.
6. Apartments and Affordability Levels. Neighbors are concerned that apartments would lower their home values.
7. Build Quality. Neighbors are concerned with Shea’s build quality given that Montage construction issues resulted in a lawsuit.
8. Public Engagement. Residents are concerned that the Specific plan allows for apartments near existing condominiums and that they were not sufficiently informed/ involved during the planning process for the Specific Plan. 2 ATTACHMENT 11
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Additional Project Condition of Approval
In order to address concerns of adequate buffering and screening, staff recommends the following additional condition of approval:
Recommended Condition: Prior to Final Map/ Improvement Plan approval, applicant shall revise the landscape plans to include a continuous row of trees in the landscape strip adjacent to Portola Avenue. For purposes of this condition, “continuous row” shall mean: Chinese Tallow trees spaced not more than 40 feet on center, as approved by the Community Development Department Director. 3 ATTACHMENT 11
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Isabel Neighborhood Specific Plan – Shea
Portola
Vesting Tentative Tract Map (VTTM) 8613 – Subdivision (SUB) 21-006, Site Plan Design Review (SPDR) 21-005; and Consistency Determination (CD) 22- 001
Planning Commission
July 12, 2022
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Background
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Site Context and Existing Conditions
A
B
A
B
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Project Description
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Site Plan and Compatibility
8 ATTACHMENT 11
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Architecture and Design
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Landscape and Open Space
10 ATTACHMENT 11
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Parking
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Housing and Affordability
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Sustainability
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Public Outreach
Primary Resident Concerns
• Parking.
• Architectural Style.
• Access.
• Construction.
• Screening.
• Apartments and Affordability Levels.
• Build Quality.
• Public Engagement.
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Recommendation
Staff recommends the Planning Commission adopt the attached Resolutions, recommending the City Council:
1. Adopt a resolution finding that the project is exempt under the California Environmental Quality Act, in accordance with CEQA Guidelines Sections 15182 (c) and 15183;
2. Adopt a resolution approving Vesting Tentative Tract Map (VTTM) 8613 – Subdivision (SUB) 21-006, Site Plan Design Review (SPDR) 21-005; and Consistency Determination (CD) 22-001, together with the requested Density Bonus Waiver and incentive/concession, subject to the attached Conditions of Approval; and
3. Instruct staff to file a Notice of Exemption, in accordance with the provisions of the California Environmental Quality Act, subject to project approval.
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From: Michele Donley
To: Jake Potter
Subject: FW: Comments from Barbara Robinson, Montage Community Date: Tuesday, July 12, 2022 10:48:00 AM
From: Barbara Robinson >
Sent: Tuesday, July 12, 2022 10:46 AM
To: Michele Donley <[email protected]>
Subject: Comments from Barbara Robinson, Montage Community Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.
July 12, 2022
To: Livermore Planning Commission:
Our home is our most valuable asset. We bought into this community 11 years ago. The property in front was owned by Shea and we were told it would be a commercial shopping area. When a person buys into a property, they ask questions about proposed land use so they know what to expect.
Those plans have changed many times because of the proposed Bart and now Valley link. What we didn't expect is that there would be apartments. I understand the Density Bonus Waiver passed in 2021 has changed the direction Shea chose to go in and not with any consideration of what was promised and expected by the community.
They own the property across the street by Sage and they plan to build just condos. DeNova didn't apply for the Density Bonus Waiver (DBW) and they are going to build Condos. I know the State DBW ties the hands of the local jurisdiction and there are only some things you can do. The City should be outraged that the state can tie the hands of the local jurisdiction. Secondly, for Shea Homes not to be conscientious of the community they built and are now building in front of with lack of concern.
So the issues that we can address would be the increased traffic on Dovecote and Montage. We do not want the new community to exit onto Dovecote. Could they plan a second entrance onto Portola? Montage has 3 entrances and 2 exits for 566 homes/condos. Initially the plans were to have 3 entrances and exits when Montage was built, but the entrance at Collier Canyon was never enlarged to accommodate an exit.
However, this one way street is being used as both an exit and an entrance anyway. We can't have another 200 cars from the apartments into our community.
This is not to mention if there is too much traffic at Montage Drive, residents of this new community will use the other exits in our community. Speeding is a problem. Our own homeowners are sometimes negligent. This will increase.
Presently we are having a problem with car theft, catalytic converters being stolen, people canvassing our trash cans on trash days are all concerns for this community.
Schools were talked about and the planning commission said that the superintendent said there 16 ATTACHMENT 11
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would be no problem. Teachers are saying something quite different. They are talking about the large numbers of children in the classroom and how difficult it is to teach that many children. They are signing petitions to not keep building.
Our drought conditions were mentioned last night at the presentation, recycled water for the plants but what about the increased usage in potable water. We are supposed to conserve. Shea is building a swimming pool and at the same time, our pool needs to be replastered and the plan delayed because of concern to be able to refill it. This isn't recycled water.
Density housing should not be tunnel vision. Office buildings are empty because people are working from home. I understand Bart is not being used to the capacity it once was. I appreciate the Planning Commission reading my comments and hopefully can redirect areas to not impact our community.
Respectfully,
Barbara Robinson, Montage Community
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From: Kelsey Van Aken
To: Michele Donley
Subject: Concerns: New development along Portola & Montage Drive Date: Tuesday, July 12, 2022 1:59:36 PM
Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.
Hello,
It's my understanding that you're the person to send comments to for the meeting tonight. * I'm concerned about the risk that residents in the new upcoming neighborhood will not have enough parking and will attempt to park in neighboring Montage.
What will be done to prevent that community from parking? * I'm concerned the look and feel of the new development is modern and doesn't match the surrounding Livermore area.
What is being done to have the development fit in to the existing architectural style in the immediate area? * Low income housing neighboring Montage will devalue homes in Montage and reduce economic opportunity for existing Livermore residents.
What would it take to instead build condos or homes that are not apartments and offer those homes at market rate? * Will fencing be built by the new community separating their parking areas from Montage? * Were any community members consulted about the proposed development? * I'm concerned that apartments will devalue the surrounding HOAs Copper Hill, Montage, Vineyard Terrace. What would it take for the apartments to be removed from the plan? * Has the city of Livermore made plans to increase the police force if this housing development is built? Study on police costs vs apartments
<https://us01.z.antigena.com/l/cPLrjbFm8CylxjlwkhvWLRAkdlYrshnoUC4QoFz~Gb71sZdX2A8BZS5iW3E_eNmmS_Aq4xj_KsVrGHGAMKUBT2vHhX6kdZRNheFFgwlk9Fdid400bGTUsTeVM~p1nAf_EDRXdyN-9iCRNmPnD1T5DzcvDTkTbFxOgF7jviiDF1nuxXv57EjlO7CHzujlFvLh2IB~Yx1SXe2DW5gKdgaHmU> * What enables Livermore to add housing when the area is requesting that water use be reduced by 15%? Sincerely,
Resident
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From: Michele Donley
To: Jake Potter
Subject: FW: Shea Development on Portola Avenue
Date: Tuesday, July 12, 2022 11:11:00 AM
-----Original Message-----
From: Iris Shiver < >
Sent: Tuesday, July 12, 2022 11:10 AM
To: Michele Donley <[email protected]>
Subject: Shea Development on Portola Avenue
Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.
I am a resident of Montage and purchased my home in 2011. Here are my comments for the meeting tonight that I would like to be a part of the record.
The City of Livermore’s high density development plans for this area doesn't appear to be modified given how the pandemic has changed the “future of work”. In our HOA Montage community, many of our residents work from home and have no need to bike or commute to/from work. While that may not be the case for all, public transportation continues to be a pipe dream vs. a reality. ACE trains already service the communities the new train is scheduled to service. These are also NOT communities of great employment areas that Livermore residents would commute to/from work. Bart has also become so unsafe, most of the individuals I know only take it when absolutely necessary, and this is an occasional/emergency event for me personally. There are already sufficient nearby options for those who need public transportation. We should not focus on cities who want to commute and park their cars in Livermore to get to other locations.
I believe your survey taken 2+ years ago should be revisited and focused primarily on your $1B+ homeowner assets in the neighborhood that will be impacted by this development. It is unclear why the City would even consider allowing apartments to be built in front of an HOA community. We are in full support of home ownership buildings in this area but to mix in apartments with 20% low income is devaluing our properties and the City’s tax base. We all know apartments bring down the value of homeowner assets over time, increases crime and makes the neighborhood unattractive as an investment, when compared to other areas of Livermore that don’t have apartments.
I have noticed that several of Shea apartments seem to have a similar range of complaints here in Northern California that the City of Livermore would allow them to repeat.
1. All buildings have a lack of parking, and this is true even for our Montage community that Shea built. They did not factor sufficient parking for multi families and guests even for this community and there is less planned for the new community. I implore you to revisit the density and address the parking issue of greater than 1.2 and/or 1.5 per unit should you ignore the wishes of the Montage community. It is NOT sufficient and will cause parking overflow into our HOA community that we already face with Las Positas students who park in our neighborhood today and the overflow from major sporting events at Cayetano Park that occur today.
2. Security was in reviews across all of their properties and indicative of apartment dwellings. We are already experiencing higher crime rates with car break-ins being right off the freeway. This development would compound the issue. There is no equivalency between apartment leasing and home ownership. We do NOT want apartments 19 ATTACHMENT 11
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built in front of our HOA community but more than happy to welcome an all-condo development.
3. Noise levels and garbage overflows were two other major issues cited across several of Shea managed apartments. This is a major concern given the current design has one of the apartment entrances from our HOA development and the back of the apartment units face our HOA community. We ask that our HOA community is preserved, and an alternative entrance that does not intrude upon our community is considered for all entrances/exits, if the city chooses to ignore the wishes of its asset-based community residents.
4. Safety is the largest issue with an apartment dwelling. Montage Drive is a 1 lane street in both directions into a 4 way stop. 89 new apartment units close to Montage, along with 566 Montage units with let’s say 50% entering/existing from Montage Drive to the stop light is a plan destined to fail and will result in horrific traffic issues and accidents.
Finally, the city should support healthy neighborhoods and preserve the integrity of your existing communities.
Using a survey as the only input into design and planning is flawed. I am highly disappointed that our City Council representative and the planning department did no personal outreach to get our input and feedback prior to this being an agenda item for the planning commission. There has been zero transparency from the city about constructing apartments directly adjacent to our HOA community. To push an apartment building into a home ownership community sends the residents a direct message that the city believes this area has less value and it is okay to saturate it with undesired transient development.
I would also like to understand how the city could ask residents to conserve water yet allow new high-density buildings to be built, even if it is done so with the utmost water conservation. This certainly will not motivate many to conserve water given the hypocrisy of do as I say, not as I act.
Iris Shiver
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From: Michele Donley
To: Jake Potter
Subject: FW: Public Comment for Today"s Planning Commission Meet Date: Tuesday, July 12, 2022 11:20:00 AM
From: Mini Chopra < >
Sent: Tuesday, July 12, 2022 11:19 AM
To: Michele Donley <[email protected]>
Subject: Public Comment for Today's Planning Commission Meet Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.
Good Morning,
Please include my comment below in the Supplement Packet for today's Planning Commission meeting. Thank you.
-----------------------------------------------------
#YesInMyBackyard!
As a Montage resident with long-term ownership stake in my neighborhood, I support the construction of Shea Homes' proposed three-story residential development, which, among other things, promises to provide quality, environment-friendly, and accessible housing that will be affordable and attainable for all income groups.
With each passing year, I see California's housing crisis incrementally worsening. Even for those of us who are fortunate to own homes in the Bay Area, the risk of losing our jobs to a looming recession - and consequently, our homes to a potential foreclosure - is a reality check that never ceases to elude the back of our minds. I can only imagine how dreadful it must be for individuals, who don't own homes but are otherwise employed with jobs that might be strenuous and demanding, to be also living with a perpetual fear of losing the only stable roof that keeps them and their families safe and integrated. Densifying our suburban neighborhoods, therefore, is the only way forward.
I presently serve on the HoA Condominium Board in Montage. I'm aware that many in Montage have concerns with a new multi-housing development being annexed to our neighborhood. I would like to respectfully remind my Montage neighbors that most of our concerns with regards to crime, safety and parking are *pre-existing* in nature. We cannot attribute the cause of our pre-existing problems to a new development that is yet to come into being. Despite being a privately-owned and HoA-regulated community with a good financial standing, both HoAs in Montage have time and again disregarded numerous pleas from our residents to address the sensitive parking situation in our neighborhood. The address scheme in Montage has been faulty for more than a decade, which continuously predisposes our neighbors to package thefts and misdeliveries. 21 ATTACHMENT 11
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Instead of nurturing a preemptive fear and judgment about a much-needed housing development in close vicinity, I respectfully implore the Montage community to first put their own act together.
Instead of shunning them, the Montage community needs to work collaboratively with both the builder (Shea Homes) to ensure that our neighbors, particularly those who live on Dovecote Lane that directly faces the proposed site of development, will be minimally impacted when the construction work starts. Our HoA also needs to work collaboratively with the City to build secured walls and gates that would facilitate safeguarded and monitored entry into our Montage neighborhood.
Looking at this from a real estate market lens, I believe this proposed development is going to augur beneficially for all nearby neighborhoods (Montage, Sage, Copper Hills, and Meritage Commons) as these communities, too, will continue being in the spotlight for potential buyers and tenants desiring to invest in this part of Livermore.
What I am most looking forward to is how the construction of this proposed housing project will synergize and give momentum to the ambitious Valley Link Rail Project, which promises to connect tens of thousands of Central Valley workers to the Tri-Valley. A suburban ecosystem that is wellplanned and boasts of eco-friendly housing and public transit is a win-win-win for all in our community.
-------
Kind Regards,
Mini Chopra
Montage Resident
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From: Michele Donley
To: Jake Potter
Subject: FW: Questions, if possible that can be answered by the planning Commission Date: Tuesday, July 12, 2022 11:38:00 AM
From: Barbara Robinson < >
Sent: Tuesday, July 12, 2022 11:36 AM
To: Michele Donley <[email protected]>
Subject: Questions, if possible that can be answered by the planning Commission Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.
Hi Michelle,
If there is a possibility that any of these questions could be answered at tonight's meeting, it would be appreciated. Questions from the community.
Thank you,
Barbara Robinson
1. Why did Shea choose low-wage apartments over condos
2. What other land was considered for this type of development, and why was the decision made to put them next to home ownership properties?
3. When the first plan was submitted to the City of Livermore
4. How will this new development be physically separated from the Montage HOA properties that preserve our integrity/boundaries as an HOA community?
5. What specific tree landscape will Shea be providing to screen our view & provide added sound damping between communities?
6. Has traffic studies been done on Heligan, Alnwick, Dovecote, and Montage Drive? Not answered last night, although asked.
7. Will they provide fencing between their development and ours to keep residents from conveniently using our guest parking?
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From: Michele Donley
To: Jake Potter
Subject: FW: Comments for 7/12 Planning Commission Meeting Date: Tuesday, July 12, 2022 11:42:00 AM
From: Kelly Sharp < >
Sent: Tuesday, July 12, 2022 11:40 AM
To: Michele Donley <[email protected]>
Subject: Comments for 7/12 Planning Commission Meeting
Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.
I am writing to express my concerns over Shea’s proposed condo/apartment build in the lot directly in front of the montage neighborhood.
As a long-term Montage resident (10+ Yrs) I am concerned with Shea’s proposed parking plans for the new development. It is my understanding that Shea is meeting the state/city requirements for parking, but as a resident that was assured adequate parking by Shea when I bought into the Montage, I can attest that the requirements (even if met) are insufficient.
With insufficient parking being slated in the new community it is my concern that the residents will in fact park in our neighborhood which will only add to our current parking problems.
In a recent meeting, the Shea representative assured us that parking in our community would be too inconvenient for the new neighborhood residents. I can speak confidently as a resident in an already overly saturated community, that we often have to park in very inconvenient locations( far from our homes, across the neighborhood). With insufficient parking, residents will go to great lengths (or distances) to secure a spot.
I am asking specifically that you restrict access to our neighborhood so we can focus on handling our own community issues with parking and not have to continually waste the LPD’s resources with constant calls and complaints about parking.
We currently have 3 public access points into our neighborhood which are sufficient for emergency vehicle access, we see no need to allow the 2 new access points that Shea is proposing. 24 ATTACHMENT 11
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Thank you for your consideration.
Kelly Sharp
Montage Homeowner
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From: Michele Donley
To: Jake Potter
Subject: FW: To include in Livermore planning mtg: re: project near Montage community Date: Tuesday, July 12, 2022 12:51:00 PM
From: Eunice Barnett Garcia < >
Sent: Tuesday, July 12, 2022 12:10 PM
To: Michele Donley <[email protected]>
Subject: To include in Livermore planning mtg: re: project near Montage community Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.
Hello -
My main comment is whether there is substantial parking planned for this multi-family community.
One reason we all love Montage so much is the open streets and plenty of parking. I'm concerned that profits will drive land to be used primarily for housing with not enough correlating parking and that our current open space neighborhood will fill up with too many cars.
Thank You and hoping you can include this in the comments for the meeting tomorrow, Eunice Garica
26 ATTACHMENT 11
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From: Neil Bello
To: Planning Web email
Subject: Fwd: Portola/collier canyon proposal to build objection Date: Tuesday, July 12, 2022 3:18:06 PM
Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.
Sent from my iPhone
Begin forwarded message:
From: Neil Bello < >
Date: July 12, 2022 at 6:08:46 PM EDT
To: [email protected]
Subject: Re: Portola/collier canyon proposal to build objection Thank you
Sent from my iPhone
On Jul 12, 2022, at 6:08 PM, Neil Bello < >
wrote:
Hello,
We live at .
The Bello Family is in objection of the apartments and townhomes to be built on the land in front of montage.
We bought in 2009 and were sold on the fact that our view would not be obstructed and that when they plan to developer retail in the future that it would only be 2 stories tall.
We’ve noticed Livermore is now building apartments 4 floors tall, we strongly object to any construction that would impede The view that we bought our home for.
The parking and road traffic will be impacted as well.
Thank you
27 ATTACHMENT 11
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For your time.
Neil Bello
Sent from my iPhone
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Agenda Item: eComments for 3) SPECIAL MEETING ITEM
Eunice Garcia
Location:
Submitted At: 12:32pm 07-12-22
My main comment is whether there is substantial parking planned for this multi-family community. One reason we
all love Montage so much is the open streets and plenty of parking. I'm concerned that profits will drive land to be
used primarily for housing with not enough correlating parking and that our current open space neighborhood will
fill up with too many cars. For this reason, I oppose.
Judy Garrick
Location:
Submitted At: 10:37am 07-12-22
I oppose to this proposed project. I have been a homeowner here for over 10 years. This neighborhood is
comprised of mostly owner-occupied homes. The fact that this project is proposing to put in at least 210 for-rent
units will undoubtedly be a negative impact to our community. With the added high density units, issues involved
will include parking, noise, crime and value depreciation. When we first purchased the home, it was highly
suggested that this land was for commercial development and not additional housing units. If housing units were
to be developed, it should be modeled after the community existing here, which means single family homes or
townhomes for purchase and not rental units.
Phil Wong
Location:
Submitted At: 10:35pm 07-11-22
I oppose this specific project for the following reasons: (1) parking for Montage residents is already difficult and
adding another 300 units with the same parking density (or less) right next to Montage will adversely impact
existing residents. Although the project may meet the minimum parking requirements by statute, they will be
woefully inadequate and we will see even more cars clogging Montage streets. (2) I am afraid that building an apartment complex next to Montage will negatively impact property values by
bringing crime to our neighborhood. I would much prefer to see the proposed apartments be converted to
condos.
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From: Mini Chopra
To: Cityclerk - Livermore
Subject: Public Comment (Submission) for July 25 City Council Meeting Date: Monday, July 18, 2022 12:27:11 PM
Dear City Clerk:
Good Afternoon. Please consider my comment below for being included in the Agenda Packet of the City Council's meeting on July 25. It is my understanding that the proposed construction of Shea Homes' multi-housing (299 units) development is an item for discussion on the Agenda and public input is presently being sought by your office on this matter. If any other information is required, please let me know. Thank you. -----------------------------------------
Yes In My Backyard!
As an old Montage resident and a member of their HoA Board, I support the construction of Shea Homes' proposed three-story residential development on the vacant lot at the southwest portion of my neighborhood. I’m supporting this project because it promises to provide quality, environment-friendly, and accessible housing that will be affordable for all income groups.
Many in Montage have joined forces to stop this new development from being built. If truth be told, most of our concerns in Montage with regards to crime, safety and parking are preexisting in nature. Since past many years, my Montage neighborhood continues to be a prime target area for auto thefts, catalytic converter thefts, garage break-ins and intrusions, and mail/package thefts. Despite being in good financial standing, both HoAs in Montage have continually disregarded numerous pleas from our residents to resolve our sensitive parking situation and faulty address scheme. Just in the past one year alone, we've had a change of our property manager three times, and effective this September, our property management company is terminating their longstanding contract with us. We have also had, and continue to have, several documented and disputed ethical concerns (Davis-Sterling violations) in how our HoA Condominium is being run.
It, thus, stands to reason that we should not be attributing the cause of our pre-existing problems to a new development that is yet to come into being.
My Montage neighborhood, especially our condominiums and townhomes, are substantially tenant-occupied. The many opposing voices that I hear against Shea Homes' proposed development belong to those who are non-residential investors (meaning, landlords), or potentially future landlords, in Montage. According to them, if BMR apartments are built, it will bring in more tenants, who will further bring in more crime and congestion that will spill over to our Montage neighborhood. I strongly and respectfully disagree with this opposition.
First, it is hypocritical for non-residential investors (landlords) to be disdainful of potential tenants in a proposed neighborhood across from us, when these non-residential investors in Montage, themselves, have been benefiting from the rental income they make from their own tenants, who are paying premium rental money every month to live in our neighborhood. Second, not building apartments in Shea Homes' proposed development will ATTACHMENT 12
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result in less than the presently proposed number of at-risk families being given a chance of stable and affordable housing in Livermore. This might further interfere with our city Government's Regional Housing Needs Assessment (RHNA ) numbers.
For years my family and I have enjoyed viewing the open space where the new construction is being proposed to be built. We have been aware all along that this privatelyowned tract would sooner or later be built into a residential / commercial development.
There is nothing about this news that surprises us or catches us unawares. We were never oblivious to the fact that this is Shea Homes’ private property, and they are at liberty to build whatever is legally permitted for them to build upon their land.
Instead of nurturing preemptive fear about a much-needed housing development in close vicinity, I respectfully ask the Montage community to work collaboratively with the builder (Shea Homes) to ensure that our neighbors, particularly those who live on Dovecote Lane and Alnwick Avenue - the public streets that directly face the proposed site of development - will be minimally impacted when the construction work starts.
Our HoA also needs to work collaboratively with the concerned public agencies to facilitate surveilled and monitored entry into and exit from our Montage neighborhood.
What I’m most looking forward to is how the construction of this proposed housing project will synergize and give momentum to the ambitious Valley Link Rail Project, which promises to connect tens of thousands of Central Valley workers to the Tri-Valley.
A suburban ecosystem that is well-planned and boasts of eco-friendly housing and efficient public transit is a win-win for all in our community.
I’ve no qualms in sharing that I am presently in no position to buy the same home that I bought in Montage years ago. I just cannot afford it! With each passing year, I see California's housing crisis incrementally worsening. I can only imagine how dreadful it must be for individuals, who don't own homes but are otherwise employed with jobs that might be strenuous, to be also living with a perpetual fear of losing the only stable roof that keeps their families safe and integrated.
Densifying our suburban neighborhoods, therefore, is the only way forward. -----------------------
Kind Regards,
Mini Chopra
ATTACHMENT 12
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RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION FINDING THAT THE SHEA PORTOLA PROJECT IS EXEMPT
FROM THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT The City of Livermore received an application from Shea Homes, Inc. for Vesting Tentative Tract Map (VTTM) 8613 – Subdivision (SUB) 21-006, Site Plan Design Review (SPDR) 21-005, and Consistency Determination (CD) 22-001 to authorize the construction of apartment and condominium units to implement the Isabel Neighborhood Specific Plan (“Project”).
On July 12, 2022, the Livermore Planning Commission held a duly noticed public hearing to consider the Project, staff recommendation, all public comments and testimony, and necessary findings, and adopted Planning Commission Resolution No. 14-22 recommending the City Council find the Project is exempt from the provisions of the California Environmental Quality Act (“CEQA”), attached hereto as Exhibit A.
On July 25, 2022, the City Council held a duly noticed public hearing to consider the Project, Planning Commission and staff recommendations, all public comments and testimony, and necessary findings.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that prior to taking action on the Project, and at a properly noticed public hearing, the City Council reviewed written and oral staff reports, conducted a public hearing on the Project and took testimony, and received into the record all pertinent documents related to the Project (collectively, the “Record Evidence”). The City Council’s determination is based on the Record Evidence, which is incorporated into this Resolution by reference.
BE IT FURTHER RESOLVED that the City Council of the City of Livermore has considered the findings made in Planning Commission Resolution No. 14-22, attached hereto as Exhibit A, and the City Council hereby adopts the same findings by this reference and incorporates them as their own findings as part of this resolution. Based upon the City Council’s own independent review of the Record Evidence and considerations, the City Council hereby finds the Project is statutorily exempt under CEQA pursuant to Government Code 65457 and CEQA Guidelines Section 15182 (c), which exempts residential projects that implement a Specific Plan where: 1) a public agency has prepared an EIR on a Specific Plan after January 1, 1980 and the residential project conforms to the Specific Plan; and 2) no events described in CEQA Guidelines Section 15162 have occurred.
1. Findings: The Isabel Neighborhood Specific Plan and its Supplemental EIR were initially adopted and certified in 2020 (SCH #2016042039). The project is located within the Specific Plan’s Transition and Village Zoning districts. The project is consistent with the allowed residential uses of the Transition and Village zoning districts and is within the minimum and maximum densities of 15 to 25 and 25 to 547
RESOLUTION NO. ________
40 dwelling units per acre, respectively. All required development standards with respect to setbacks, height, open space, and parking have been met, upon making the findings precedent to granting the requested density bonus setback incentive, and all design requirements have been fulfilled. The project provides more open space than required through the provision of parklets, a pool deck, and rooftop terraces, exceeds street frontage setbacks with well landscaped frontages, and is within the minimum and maximum required parking. The Portola Avenue frontage will be improved with a Class IV bike lane, bus stop, and traffic signal, as required by the Specific Plan’s circulation program.
The project proposes high-quality contemporary architecture with articulated facades, plane changes, deep window reveals, and multiple material types, as required by the Specific Plan and citywide Design Standards and Guidelines. As called for in the plan, the project provides 60 affordable units to residents with moderate, median, low, and very low incomes. The project also implements Specific Plan policies for a walkable neighborhood that provides housing variety by proposing for-sale and for-rent unit types with a range of floor plans and connecting the site to the existing pedestrian circulation network through multiple connection points. The proposed landscape plan conforms to Specific Plan and Design Standards and Guidelines standards by vastly exceeding the required number of trees per acre and providing large shade trees along walks and the public right-of-way. Specific Plan sustainability requirements are also satisfied given that the project proposes rooftop solar arrays, recycled water use for irrigation, California native landscape species, and electric vehicle charging stations.
The project is conditioned to comply with the Mitigation, Monitoring, and Reporting Program (MMRP) adopted with the certified 2020 Supplemental EIR. In addition, the applicant prepared Phase I, geologic, biological, and noise studies that found no significant impacts would occur beyond those identified in the EIR. For these reasons, the project wholly conforms with the Isabel Neighborhood Specific Plan, which was prepared and approved after January 1, 1980.
2. Findings: No substantial project changes are proposed which would require major revisions to the previous Supplemental EIR. The project proposes 299 residential units, consistent with the allowed uses and densities contemplated in the Supplemental EIR. Although the project proposes vehicular lane removal along Portola Avenue that was not expressly contemplated in the Specific Plan, the City’s Traffic Engineer analyzed the major street’s Level of Service with lane removal and found no significant impact would occur. Further, the lane removal supports Specific Plan Policy that seeks to provide a comfortable and safe bicycling network and to slow vehicle road speeds by allowing for a wider bicycle buffer and promoting traffic calming.
Substantial changes in circumstances have not occurred requiring major revisions to the previous Supplemental EIR, as the site remains vacant, is routinely disked, and still remains bounded on all sides by urban development. There is no new 548
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information of substantial importance that would result in new impacts not previously discussed, result in more severe impacts, or require modifications to the existing mitigation measures. The applicant-prepared Phase I, geologic, biological, and noise studies found no significant impacts would occur beyond those identified in the EIR and did not yield any new information of substantial importance. For these reasons, no events described in CEQA Section 15162 have occurred and therefore no further environmental review is required.
BE IT FURTHER RESOLVED that the City Council of the City of Livermore based upon its consideration of the findings made in Planning Commission Resolution No. 14- 22, attached hereto as Exhibit A, and adopted above by the City Council as their own findings as part of this resolution, and based upon the City Council’s own independent review of the Record Evidence and considerations, hereby finds the Project is statutorily exempt under CEQA pursuant to California Public Resources Code section 21083.3 and CEQA Guidelines Section 15183, which exempts projects consistent with a Community Plan, General Plan, or Zoning where: 1) the project is consistent with a Community Plan, General Plan, or Zoning Action for which a Lead Agency has certified an EIR; and 2) project-specific impacts are not peculiar to the project site.
1. Findings: An Isabel Neighborhood Specific Plan (Specific Plan) zoning district was established as part of the overall Specific Plan project, as approved by City Council in November 2020. Therefore, the Specific Plan can be considered a “Zoning Action” for purposes of California Public Resources Code section 21083.3 and CEQA Guidelines Section 15183. The City Council certified the Specific Plan’s Supplemental EIR (SCH #2016042039) in November 2020 with Specific Plan adoption.
As described in the Planning Commission staff report, dated July 12, 2022, the Project is consistent with the uses, densities, development standards, and design requirements of the Specific Plan. The project is located within the Specific Plan’s Transition and Village Zoning districts. The project is consistent with the allowed residential uses of the Transition and Village zoning districts and is within the minimum and maximum densities of 15 to 25 and 25 to 40 dwelling units per acre, respectively. All required development standards with respect to setbacks, height, open space, and parking have been met, upon making the findings precedent to granting the requested density bonus setback incentive, and all design requirements have been fulfilled. The project provides more open space than required through the provision of parklets, a pool deck, and rooftop terraces, exceeds street frontage setbacks with well landscaped frontages, and is within the minimum and maximum required parking. The Portola Avenue frontage will be improved with a Class IV bike lane, bus stop, and traffic signal, as required by the Specific Plan’s circulation program.
The project proposes high-quality contemporary architecture with articulated facades, plane changes, deep window reveals, and multiple material types, as required by the Specific Plan and citywide Design Standards and Guidelines.
As called for in the plan, the project provides 60 affordable units to residents 549
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with moderate, median, low, and very low incomes. The project also implements Specific Plan policies for a walkable neighborhood that provides housing variety by proposing for-sale and for-rent unit types with a range of floor plans and connecting the site to the existing pedestrian circulation network through multiple connection points. The proposed landscape plan conforms to Specific Plan and Design Standards and Guidelines standards by vastly exceeding the required number of trees per acre and providing large shade trees along walks and the public right-of-way. Specific Plan sustainability requirements are also satisfied given that the project proposes rooftop solar arrays, recycled water use for irrigation, California native landscape species, and electric vehicle charging stations. For these reasons, the Project is consistent with a Zoning Action for which a Lead Agency has certified an EIR.
2. Findings: There are no specific significant environmental effects which are peculiar to the Project or Project Site, as stipulated in CEQA Guidelines subsection 15183(b)(1) through (b)(4), and as described below:
a. Impacts Peculiar to the Project. The Project is consistent with the uses and intensities contemplated in the Specific Plan. Since Specific Plan adoption, no substantial changes have occurred to the project site nor its surroundings. The site remains undeveloped, routinely disked, and surrounding parcels are still office and residential in nature. The applicant prepared Phase I, geologic, biological, and noise studies that found no significant impacts would occur beyond those identified in the EIR. For these reasons, no additional project-specific impacts have occurred that are peculiar to the project site.
b. Environmental Impacts not Previously Analyzed as Significant. The Project is consistent with the uses and intensities contemplated in the Specific Plan, therefore, all potential Project impacts have been previously anticipated and analyzed in the Specific Plan EIR. In addition, the project is conditioned to comply with the Mitigation, Monitoring, and Reporting Program (MMRP) adopted with the certified 2020 Supplemental EIR. The Project will implement the mitigation measures, reducing significant project impacts to a less than significant level. The City Council adopted a Statement of Overriding Considerations with the certified 2020 Supplemental EIR. The project will not exacerbate any significant Impacts deemed acceptable in the Statement of Overriding Considerations. The applicant also prepared Phase I, geologic, biological, and noise studies that found no significant impacts would occur beyond those identified in the EIR. Although the project proposes vehicular lane removal along Portola Avenue that was not expressly contemplated in the Specific Plan, the City’s Traffic Engineer analyzed the major street’s Level of Service with lane removal and found no significant impact would occur. Further, the lane removal supports Specific Plan Policy that seeks to provide a comfortable and safe bicycling network and to slow vehicle road speeds by allowing for a wider 550
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bicycle buffer and promoting traffic calming. For these reasons, there are no significant environmental impacts that were not previously analyzed.
c. Potentially Significant Offsite or Cumulative Impacts. Since Specific Plan adoption, no substantial changes have occurred to the project site nor its surroundings. Surrounding residential and office uses that were present during the 2020 Supplemental EIR analysis remain. A majority of surrounding vacant parcels remain since adoption of the 2020 Supplemental EIR. One new residential project in the Specific Plan was approved approximately 1,000 feet to the west. The approved project is consistent will the use and density contemplated in the 2020 Supplemental EIR. Therefore, the EIR already anticipated the cumulative impacts of both projects. Although the project proposes vehicular lane removal along Portola Avenue that was not expressly contemplated in the Specific Plan, the City’s Traffic Engineer analyzed the major street’s Level of Service with lane removal and found no significant impact would occur. Further, the lane removal supports Specific Plan Policy that seeks to provide a comfortable and safe bicycling network and to slow vehicle road speeds by allowing for a wider bicycle buffer and promoting traffic calming. For these reasons, there are no potentially significant offsite or cumulative impacts not previously analyzed in the 2020 Supplemental EIR.
d. Substantial New Information. Since Specific Plan adoption, no substantial changes have occurred to the project site nor its surroundings. The site remains undeveloped, routinely disked, and surrounding parcels are still office and residential in nature. The applicant also prepared Phase I, geologic, biological, and noise studies that found no significant impacts would occur beyond those identified in the EIR. Although the project proposes vehicular lane removal along Portola Avenue that was not expressly contemplated in the Specific Plan, the City’s Traffic Engineer analyzed the major street’s Level of Service with lane removal and found no significant impact would occur.
Further, the lane removal supports Specific Plan Policy that seeks to provide a comfortable and safe bicycling network and to slow vehicle road speeds by allowing for a wider bicycle buffer and promoting traffic calming. For these reasons, there is no substantial new information that was not known at the time of EIR adoption.
e. Uniform Mitigations and Development Standards. The Project is subject to complying with all applicable mitigation measures adopted pursuant to the Mitigation Monitoring and Reporting Program (MMRP) for the Specific Plan’s 2020 Supplemental EIR in addition to the uniformly applied development standards of the Specific Plan and Livermore Development Code. The combination of applicable mitigation measures and uniform standards would reduce all potentially significant impacts to 551
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a less than significant level. The applicant, or their successors in interest, is required to implement applicable mitigation measures applicable through conditions of approval.
BE IT FURTHER RESOLVED that the City Council of the City of Livermore directs the Planning Manager to file a Notice of Exemption with the Alameda County Clerk, if the project is approved.
The documents that constitute the record of proceedings upon which this decision is based can be found in the City Clerk’s Office, 1052 S. Livermore Avenue, Livermore, California. This resolution shall be effective upon adoption by the City Council.
On motion of Council Member _______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on July 25, 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ATTEST: APPROVED AS TO FORM:
___________________________ /s/ Kim Cilley ________
Marie Weber Kim Cilley
City Clerk Senior Assistant City Attorney
Exhibit A - Planning Commission Resolution No. 14-22
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RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION APPROVING VESTING TENTATIVE TRACT MAP (VTTM) 8613 – SUBDIVISION (SUB) 21-006, SITE PLAN DESIGN REVIEW (SPDR) 21-005, AND CONSISTENCY DETERMINATION (CD) 22-001 FOR THE SHEA PORTOLA
PROJECT
On March 10, 1999, the City of Livermore (“City”) and Shea Center Livermore entered into Development Agreement 114-97 that was subsequently amended and restated, and then further amended, with the most recent being the Third Amendment to the Amended and Restated Development Agreement that was recorded on October 10, 2014.
On August 4, 2021, the City received an application from Shea Homes, Inc. for Vesting Tentative Tract Map (VTTM) 8613 – Subdivision (SUB) 21-006, Site Plan Design Review (SPDR) 21-005, and Consistency Determination (CD) 22-001 to authorize the construction of apartment and condominium units to implement the Isabel Neighborhood Specific Plan.
The applicant provided all the necessary information to qualify for relief under the Housing Crisis Act of 2019 (SB 330) upon initial application submittal on August 4, 2021.
The applicant requested one Development Standard Waiver and one Developer Incentive/ Concession in accordance with Government Code Section 65915 governing Density Bonuses. Since none of the findings set forth in Government Code Section 65915(d)(1) and (e)(1) can be made, the City is required to grant the Waiver related to building setbacks and the Developer Incentive/ Concession related to affordable housing comparability of units.
On July 12, 2022, the Livermore Planning Commission held a duly noticed public hearing to consider the Project, staff recommendation, all public comments and testimony, and necessary findings, and adopted Planning Commission Resolution No. 15-22 recommending the City Council approve the Project, attached hereto as Exhibit A.
On July 25, 2022, the City Council held a duly noticed public hearing to consider the Project, Planning Commission and staff recommendations, all public comments and testimony, and necessary findings.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that prior to taking action on the Project, and at a properly noticed public hearing, the City Council reviewed written and oral staff reports, conducted a public hearing on the Project and took testimony, and received into the record all pertinent documents related to the Project (collectively, the “Record Evidence”). The City Council’s determination is based on the Record Evidence, which is incorporated into this Resolution by reference.
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BE IT FURTHER RESOLVED that the City Council of the City of Livermore has considered the Record Evidence and adopted a resolution finding the Project to be exempt from the California Environmental Quality Act.
BE IT FURTHER RESOLVED that the City Council of the City of Livermore has considered the findings made in Planning Commission Resolution No. 15-22, attached hereto as Exhibit A, and the City Council hereby adopts the same findings by this reference and incorporates them as their own findings as part of this resolution. Based upon the City Council’s own independent review of the Record Evidence and considerations, in accordance with State Density Bonus Law, and in accordance with the Housing Crisis Act of 2019, the City Council hereby approves Vesting Tentative Tract Map (VTTM) 8613 – Subdivision (SUB) 21-006, Site Plan Design Review (SPDR) 21-005, and Consistency Determination (CD) 22-001, subject to the conditions of approval attached hereto as Exhibit B, which are necessary to protect the health, safety, and general welfare.
BE IT FURTHER RESOLVED that the City Council of the City of Livermore directs the Planning Manager to file a Notice of Exemption with the Alameda County Clerk.
The documents that constitute the record of proceedings upon which this decision is based can be found in the City Clerk’s Office, 1052 S. Livermore Avenue, in Livermore, California. This resolution shall be effective upon adoption by the City Council.
On motion of Council Member _______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on July 25, 2022, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ATTEST: APPROVED AS TO FORM:
___________________________ /s/ Kim Cilley ________
Marie Weber Kim Cilley
City Clerk Senior Assistant City Attorney
Exhibit A - Planning Commission Resolution No. 15-22
Exhibit B - Conditions of Approval
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CONDITIONS OF APPROVAL
Vesting Tentative Tract Map (VTTM) 8613 – Subdivision (SUB) 21-006, Site Plan Design Review (SPDR) 21-005, and Consistency Determination (CD) 22-001 Hearing to consider a request for Site Plan Design Review and Vesting Tentative Tract Map to develop the northeast corner of Portola Avenue and Collier Canyon Road, which would implement the Isabel Neighborhood Specific Plan. The development includes 299 total units, consisting of 89 for-sale condominium units and 210 for-rent apartments. All residential buildings would be three-story. The project includes 60 affordable units, 51 accessible units, common areas including a pool, fitness center, and parklets, and related landscaping, parking, stormwater, and frontage improvements. The applicant has submitted for a density bonus under Government Code section 65915.
Location: Northeast corner of Portola Avenue and Collier Canyon Road (APNs: 903-10-30, 903-10-29, and 903-10-28)
Recommended by Planning Commission: July 12, 2022
Approved by City Council: July 25, 2022
A. PROJECT AUTHORIZATION
1. The project shall be in conformance with all City Ordinances, rules, regulations, and policies. The conditions listed below are particularly pertinent to this permit and shall not be construed to permit violation of other laws and policies not so listed.
2. Approval is limited to conformance of the land uses allowed in the Transition and Village zoning districts Subarea 2b of the Isabel Neighborhood Specific Plan. Use of the property shall be limited to those permitted by the Isabel Neighborhood Specific Plan as it exists now or may be amended in the future.
3. Vesting Tentative Tract Map 8613 and associated Site Plan Design Review shall expire unless a Final Map is filed by July 25, 2024, or a request for extension is received and approved by the City.
A. PROJECT SPECIFIC CONDITIONS
The applicant shall respond in writing to all conditions contained in this document and its attachments. Responses shall describe how the condition has been met and shall, where applicable, direct the plan checker to the page and/or drawing detail that demonstrates compliance with the condition. A copy of these responses shall be provided with each set of revised plans.
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1. Prior to occupancy, applicant shall record the deed notification provided in the Livermore Executive Airport - Airport Land Use Compatibility Plan, Chapter
3.3.4.6, on the property for which this discretionary development permit is issued, as follows:
NOTICE OF AIRPORT IN VICINITY
This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors).
Individual sensitivities to those annoyances can vary from person to person.
You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you.
2. Prior to Improvement Plan approval, applicant shall revise the plans to ensure the emergency vehicle access (EVA) to Dovecote Lane provides permanent pedestrian and bicycle access, while maintaining the EVA’s functionality, as approved by the Community Development Department Director.
3. Prior to Building Permit approval, applicant shall revise the plans to provide one bike parking stall within each rental unit garage. Applicant shall further dedicate one centrally located rental unit garage exclusively to bicycle parking. Bicycle parking garage shall accommodate the balance of required bike parking spaces, ensuring all bike parking is secured. Applicant shall provide for common rental resident access to the bike parking garage through a physical key, key card, passcode, or other similar feature, as approved by the Community Development Department Director.
4. Prior to Improvement Plan approval, applicant shall revise landscape plan to ensure 20 percent of all onsite trees have a 24-inch box size or larger, as approved by the Community Development Department Director.
5. Prior to Improvement Plan approval, applicant shall revise landscape plan to ensure all shrubs shall have a minimum 5-gallon size, as approved by the Community Development Department Director.
6. Prior to sign installation, applicant shall submit for, and receive approval of, all required sign design review and building permit applications.
7. Prior to Improvement Plan approval, applicant shall demonstrate the project’s use of recycled water for irrigation purposes, as approved by the City Engineer.
All onsite irrigation shall use recycled water.
8. Prior to Building Permit approval, the applicant shall submit a photometric plan that demonstrates adequate site lighting. Exterior parking areas shall maintain a minimum light level of one foot-candle at the parking surface. Pathways and
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private open space areas shall be sufficiently illuminated for safety, but respectful of the residential context, as approved by the Community Development Department Director.
9. Prior to Building Permit approval, applicant shall revise the Master Plan to include all noise mitigation strategies identified in the noise study, conducted by Salter, dated December 7, 2021. All required STC rated windows and surfaces shall be clearly shown on a site plan submitted with the Master Plan.
10. Prior to Building Permit approval, all rooftop mechanical equipment shall be designed to be fully screened from public view by roof parapet or architecturally integrated roof screen. Construction drawings shall include section drawings and roof plans demonstrating conformance with this requirement. To the extent practical, all ground-mounted mechanical equipment shall be relocated to roof areas. Ground mounted equipment shall be fully screened from public view, as approved by the Community Development Department Director.
11. Prior to Building Permit approval, applicant shall provide details of, and submit any required building permits for, all site furnishings and shade structures.
Amenities shall include at least those identified in the entitlement plans, but could include additional amenities such as outdoor cooking areas or activity courts, as approved by the Community Development Director.
12. Prior to Improvement Plan approval, applicant shall revise the plans to include a three-foot tall, tubular steel guardrail fence on top of all retaining walls exceeding three feet in height. Fencing is not required for stepped planter areas. The fence design shall be compatible with the proposed fencing plan and shall be permeable, allowing for views through the fence line, as approved by the Community Development Department Director.
13. Provide at least two supportive services for residents within the rental apartment units (i.e. childcare, senior services, mobility services, etc.) or other comparable service or amenity, as approved by the Community Development Department Director (Specific Plan Policy LU-38).
14. Encourage the use of a local construction workforce who are paid area standard wages (Specific Plan Policy LU-46).
15. In the event a Specific Plan Transportation Management Association (TMA) is formed for the Isabel Neighborhood, project shall annex into the association (Specific Plan Policy TRA-22).
16. In the event a programmatic Specific Plan parking management plan is created, project shall participate in the plan (Specific Plan Policy TRA-26).
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17. Vehicle parking for the rental apartment units shall be “unbundled,” such that residents pay for parking separately from the rent for the housing unit (Specific Plan Policy TRA-36).
18. In the event a programmatic Specific Plan wayfinding signage plan is created, project shall participate in the plan (Specific Plan Policy DS-24).
19. Reduce vibration impacts associated with construction activities by requiring construction contractors to implement measures to help reduce vibration levels at nearby sensitive receptors. Measures could include using bulldozers less than 20,000 pounds within 50 feet of residential, quiet pile driving technology, etc. (Specific Plan Policy ENV-7).
20. Project proponents within identified high risk Overlay Zones surrounding existing hazardous sites, roadways, or TAC sources, shall assess health risks at the location in question and to incorporate feasible design-related risk mitigation measures, such as HEPA filters or equivalent indoor air quality equipment mechanisms, as appropriate and determined in consultation with the City (Specific Plan Policy ENV-12).
21. For all proposed projects, Bay Area Air Quality Management District (BAAQMD; “Air District”) recommends requiring the implementation of all Basic Construction Mitigation Measures, listed in Table 8-1 of the BAAQMD CEQA Guidelines, whether or not construction-related emissions exceed applicable Thresholds of Significance (Specific Plan Policy ENV-14).
22. Project contractors shall reduce construction-related exhaust emissions by ensuring that all off-road equipment greater than 50 horsepower shall operate on an EPA-approved Tier 4 or newer engine. If Tier 4 engines are not commercially available within 200 miles of the project site, EPA-approved Tier 3 engines are permissible (Specific Plan Policy ENV-15).
23. Project contractors shall reduce construction-related fugitive ROG emissions by ensuring that low-VOC coatings that have a VOC content of 10 grams/liter (g/L) or less be used during construction (Specific Plan Policy ENV-16).
24. Project contractors shall reduce construction-related GHG emissions through implementation of the Bay Area Air Quality Management District’s recommended best practices (Specific Plan Policy ENV-17).
25. Require that construction and structure demolition/modification activities be conducted outside of the bird nesting season (February 1 to August 31) to the extent feasible (Specific Plan Policy ENV-27). Construction activities may be permitted to occur within bird nesting season if a qualified biologist conducts a pre-construction survey. The survey shall include the project site and a 250-foot buffer around project site boundaries, if feasible, not more than 14 days prior to site disturbance. If active nests of migratory birds are not detected, further
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action is not needed. If active nests are detected, an appropriate constructionfree buffer shall be established around all active nests. Buffer size shall be determined by the biologist, with typical non-raptor buffers of 25 feet and raptor buffers of 250 feet, and shall be periodically monitored by the biologist. After nesting is completed, as determined by the biologist, the buffer is no longer required. Buffers shall remain in place during the breeding season, or until the biologist has confirmed all chicks have fledged and are independent of their parents. The biologist survey, and any necessary buffer plans, shall be approved by the Community Development Department Director prior to site disturbance.
26. All trees adjacent to public infrastructure shall use control features like root barriers and engineered soils to prevent infrastructure damage, as approved by the Community Development Department Director.
27. Prior to Improvement Plan approval, the applicant shall demonstrate on the landscape plans compliance with the City’s Water Efficient Landscape Ordinance (WELO), as approved by the Community Development Department Director.
28. Prior to Improvement Plan approval, exterior backflow preventers shall be screened from public view with landscape or by other appropriate means, as approved by the Community Development Department Director.
29. Prior to Final Occupancy, applicant shall obtain Public Arts Commission approval for all proposed public art and shall provide proof of approval to the satisfaction of the Community Development Department Director.
30. The project applicant and/or contractor shall treat any human remains encountered during ground-disturbing activities in accordance with California Health and Safety Code Section 7050.5.
31. Prior to receiving a Building Permit for excavation, grading or construction on development site, the applicant shall contact the Alameda County Vector Control Services District to determine if any pre-baiting requirements are necessary to control migration of vermin to adjacent property.
32. The project shall implement the Mitigation Monitoring and Reporting Program (MMRP) prepared for the Isabel Neighborhood Specific Plan, as attached.
33. All project appliances shall be electric, as set forth in the 2018 Isabel Neighborhood Specific Plan Environmental Impact Report Mitigation, Monitoring, and Reporting Program.
34. Prior to Final Map/ Improvement Plan approval, applicant shall revise the landscape plans to include a continuous row of trees in the landscape strip between the Portola Avenue curb and sidewalk. For purposes of this condition,
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“continuous row” shall mean: Chinese Tallow trees spaced not more than 40 feet on center, as approved by the Community Development Department Director [recommended by city staff/Planning Commission July 12, 2022].
35. Prior to Improvement Plan approval, applicant shall revise the plans to add one additional pedestrian connection to Portola Avenue, located between the main Project entrance (Parcel A of VTTM 8613) and the existing pedestrian connection to Portola Avenue. In addition, a separate pedestrian connection shall be added in the northwest part of the site that connects to Collier Canyon Road, as approved by the Community Development Department Director [recommended by Planning Commission July 12, 2022].
36. Prior to Improvement Plan approval, applicant shall revise the landscape plan tree schedule to replace smaller trees species (e.g. Weeping Botlebrush, Crape Myrtle, Sweet Bay, Hollyleaf Cherry) with larger tree species planted in the Montage development (e.g. Camphor, London Plane, Tulip, Southern Magnolia, Locust). Larger trees shall be located in prominent locations and sited appropriately to ensure adequate spacing and growth. Landscape plan shall maintain tree variety and hierarchy, as approved by the Community Development Department Director [recommended by Planning Commission July 12, 2022].
37. Prior to Improvement Plan approval, applicant shall revise the retaining wall design along Portola Avenue to soften its appearance. Softening techniques could include wall plane changes to create additional landscape pockets, as approved by the Community Development Department Director. In addition, applicant shall revise the landscape plan to replace all retaining wall Bougainvillea vines with Lady Banks Roses [recommended by Planning Commission July 12, 2022].
38. Prior to Improvement Plan approval, applicant shall include on the plans street parking along Collier Canyon Road and Portola Avenue, in locations that would not jeopardize public health and safety, as determined by the City Engineer.
The street parking design shall include street trees and shall be provided in addition to the class IV bike lane. Further, applicant and the city shall cooperatively explore traffic calming measures to reduce vehicle speeds in the vicinity of the project site [recommended by city staff July 22, 2022].
B. GENERAL CONDITIONS OF APPROVAL
1. Development shall conform to the map designated by the City as Exhibit B-1.
Exhibit B-1 plans shall include but are not limited to subdivision, landscape, and architectural plans reviewed and approved by the Planning Commission and City Council and amended by the applicant to reflect any changes indicated above in the Project Specific Conditions or required by the City in the approval process.
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2. The development impact fees (e.g., traffic impact, housing in-lieu, park dedication in-lieu,) and project processing fees due in connection with this permit shall be based upon the fees in effect as of August 4, 2021 (Exhibit C), which is the date of Preliminary Application submittal, pursuant to the requirements of the Housing Crisis Act of 2019 (SB 330), unless otherwise vested under Development Agreement 119-97, as amended.
3. The Community Development Department may approve minor amendments to the permit, provided that the permit is still in substantial conformance with the original approval.
4. Approval of the Site Plan Design Review and Tentative Tract Map entitlements is not an authorization to commence construction. Building construction, alterations, repairs, sign erection, or occupancy shall not be permitted without prior approval of the Building Division through issuance of any required permits.
5. To the extent permitted by law, the project applicant shall defend, indemnify and hold harmless the City, its City Council, its officers, boards, commissions, employees and agents from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void the approval of the project or any permit authorized hereby for the project, including (without limitation) reimbursing the City its attorney’s fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice.
C. ENGINEERING DIVISION – DEVELOPMENT
1. Development shall conform to the attached Engineering Considerations, dated July 5, 2022.
D. BUILDING DIVISION
1. Project will be required to be designed and constructed to the requirements of the currently adopted California Building Standards Code in effect at the time of Building Permit Application.
E. MAINTENANCE DIVISION
1. The project site’s Homeowners’ Association (HOA) shall perform all onsite landscape maintenance and cover all associated maintenance costs.
F. HOUSING AND HUMAN SERVICES DIVISION
1. Prior to Building Permit approval, applicant shall enter into an affordable housing agreement to ensure all provisions of the City’s Inclusionary Housing Ordinance are satisfied pursuant to Livermore Development Code Section
10.06.050, as approved by the Community Development Department Director.
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G. FIRE DEPARTMENT
The Fire Prevention Bureau reviews building/civil drawings for conceptual on-site fire mains and fire hydrant locations only. Plan check comments and approval DO NOT include: 1.) Installation of the on-site fire mains and fire hydrants. Specific installation drawings submitted by the licensed underground fire protection contractor shall be submitted to the Fire Prevention Bureau for approval; and 2.) Backflow prevention or connections to the public water mains.
1. FIRE HAZARDS: The project developer shall keep the site free of fire hazards from the start of lumber construction until the final inspection.
2. FIRE CODE: All construction shall conform to the requirements of the 2019 Pleasanton Fire Code and local ordinances. All required permits shall be obtained prior to work commencement.
3. SITE SAFETY: Site safety during construction shall be in accordance with Fire Code chapter 33.
4. FIRE SPRINKLERS: Automatic fire sprinklers shall be installed in all occupancies in accordance with the 2019 Pleasanton Building, Fire and Residential Codes with local amendments and ordinances.
5. EMERGENCY RESPONDER RADIO: Emergency responder radio coverage shall be provided in accordance with section 510 of the Fire Code.
6. FIRE PROTECTION FACILITIES: Prior to any construction framing, the applicant shall provide adequate fire protection facilities, including, but not limited to a water supply and water flow in conformance to the City's Fire Department Standards able to suppress a major fire.
7. WATER FLOW AND CONTROL VALVES: All fire sprinkler system water flow and control valves shall be complete and serviceable prior to final inspection.
Prior to the occupancy of a building having a fire alarm system, the Fire Department shall test and witness the operation of the fire alarm system.
8. ELECTRICAL CONDUIT: Electrical conduit shall be provided to each fire protection system control valve including all valve(s) at the water connections.
The Livermore-Pleasanton Fire Department requires electronic supervision of all valves for automatic sprinkler systems and fire protection systems.
9. LISTED: All commercial, industrial, and multi-family residential occupancies shall have valve tamper and water flow connected to a listed Central Station Service in accordance with NFPA 72. Fire Department plan check includes specifications, monitoring, installation, and alarm company certificates. Fire alarm control panel and remote annunciation shall be at location(s) approved by
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the Fire Prevention Bureau. All systems shall be point identified by individual device and annunciated by device type and point.
10. HAZARDOUS MATERIALS: Should any operation or business activity involve the use, storage or handling of hazardous materials, the firm shall be responsible for contacting the Livermore-Pleasanton Fire Department prior to commencing operations. Please contact the Hazardous Materials Coordinator at 925/454-2361.
11. FIRE HYDRANTS: Fire hydrants shall be installed at spacing not greater than 300 feet in industrial and commercial developments. Fire hydrants shall be installed at spacing not greater than 400 feet in residential developments.
12. FIRE LANE MARKING: On-site access ways, turn arounds, and internal drives shall be designated as fire lanes and identified as such by red curb striping and posted with signs at locations approve by the Fire Department. Signs shall be according to State standards and read “No Parking – Fire Lane” and must be shown on the plans. The red curb striping, sign location(s), and sign language shall be included in the building permit submittal for review and approval by the Livermore-Pleasanton Fire Department prior to building permit issuance. a. The following schedule for NO PARKING signs shall apply:
Width Requirements
36 feet or greater No requirements
Between 28 and 36 feet Post one side
Between 20 and 28 feet Post both sides
Less than 20 feet Not permitted
Cul-de-Sac Not permitted
13. EMERGENCY VEHICLE ACCESS ROADS: Access roads shall have 13 feet, 6 inches unobstructed vertical clearance, 20 feet of unobstructed width (26 feet where occupied building floors exceed 30 feet height), and inside turning radius of 31 feet and outside turning radius of 51 feet. Unobstructed shall mean a clear travel way, excluding parking width, and designed for an emergency vehicle weight of 70,000 pounds under all weather conditions. Unobstructed width shall not include the width of rolled curbs, sidewalks, or non-drivable surfaces. All exterior portions of buildings must be within 200 feet of an access road. Yard and parking area may be able to be located farther than 200 feet from access roads, depending on the specific use.
14. FIRE VEHICLE TURNAROUNDS: Where Fire Department vehicle access through or around a site involves changes in direction or curves, inside radius of 45 feet and outside radius of 55 feet shall be provided to facilitate fire truck turning radius for entry and exit from the site. Dead-end access ways and internal drives shall not exceed 300 feet in length and shall terminate in cul-desacs no less than 96 feet in diameter or hammer-head (tee). Standards and
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options are available through the Livermore-Pleasanton Fire Department, Fire Prevention Bureau.
15. PREMISES IDENTIFICATION: Address numbers shall be installed on the front or primary entrance for all buildings. Minimum building address character size shall be 12-inch high by 1-inch stroke. In all cases address numerals shall be of contrasting background and clearly visible in accordance with the LivermorePleasanton Fire Department Premises Identification Standards. This may warrant field verification and adjustments based upon topography, landscaping or other obstructions.
16. RESIDENTIAL – NEW CONSTRUCTION: The following items shall be provided prior to any construction above the foundation or slab. a. Emergency vehicle access shall be provided to the site (tract), including areas where construction is occurring.
b. Designated construction material storage and construction worker parking shall not obstruct the emergency vehicle access route(s). c. On-site fire hydrants shall be in service. Fire hydrants shall be flushed and all valves open.
17. MULTI-FAMILY RESIDENTIAL – NEW CONSTRUCTION: Projects with more than 100 dwelling units shall be equipped throughout with two separate and approved fire apparatus access roads.
18. FINAL INSPECTION: Prior to request for final inspection, all access roads, onsite access and fire hydrants shall be provided. All fire hydrants shall be accepted, inspected and tested to applicable City Standards.
H. POLICE DEPARTMENT
1. The project shall be required to conform to the provisions of the security section of the Livermore Municipal Code.
Exhibits:
A: Engineering Development Considerations
B: Isabel Neighborhood Specific Plan MMRP
C: July 2021 Fee Sheet
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1 DATE: July 5, 2022
ENGINEERING CONSIDERATIONS - EXHIBIT "A"
(Subject to revision prior to final approval
by Planning Commission and City Council)
TENTATIVE TRACT: 8613 (SUB21-006)
LOCATION: Portola Avenue (between Collier
Canyon and Montage Drive)
APPLICANT: Shea Homes
Note: Special conditions are shown in standard type. Standard conditions that apply to this project are shown in italics. In addition, standard conditions of approval for this project are listed in Section II of the Development Plan Check and Procedures Manual.
1. DEFINITIONS
For the purpose of this agreement, the following words shall have the meanings respectively ascribed to them by this section:
Developer: Person(s) or Corporation(s) signing final map(s) and subdivision agreement(s)
Improvement Plans: Construction drawings for required public and private improvements Services: Utility lateral, or any portions of a conduit cable or duct, between a utility distribution line and the site it serves
Project: The work to be performed by Developer
2. VESTING TENTATIVE MAP
Approval or conditional approval of this vesting tentative map shall not limit the City Engineer's ability to require workable designs on future grading and improvement plans based upon these Engineering Considerations and the City's standard engineering specifications and details. a. The project will file one map but construction will occur in 2 phases as indicated on the vesting tentative map development and phasing plan sheet C-4. b. The City will vacate a portion of the existing sanitary sewer easement that was previously dedicated on Tract Map 7610 due to the relocation of the sewer main to serve this project.
Exhibit A
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2 3. GENERAL
The project shall be in conformance with all City Ordinances, rules, regulations, and policies. The conditions listed below are particularly pertinent to this permit and shall not be construed to permit violation of other laws and policies not so listed.
All required improvements shall be constructed prior to occupancy of the new residential units on this site.
A. IMPROVEMENT PLANS - Exhibit A-1
An engineered improvement plan shall be prepared by the Developer for approval by the City's Departments (including the Community Development, Public Services, Fire, and Police Department), which shall include, but not necessarily be limited to, existing site conditions, dedications, grading plans, street design and grades, curb, gutter, sidewalk and driveway grades, and type, size and location of all public works improvements as herein required. Approval of this tentative map does not constitute approval of the details shown thereon. If there is any conflict between the tentative map and these Engineering Considerations, the Engineering Considerations shall govern.
No specific phased development plan has been submitted with this tentative tract application.
Therefore, all required improvements for this tentative map shall be constructed as one phase. A phased map could only be considered if a specific phasing plan is submitted for consideration as a tentative map amendment.
B. STANDARDS FOR IMPROVEMENT PLANS AND MAPS
All improvement plans and maps shall conform to the following City of Livermore documents except as modified by these engineering considerations:
1. City of Livermore Standard Specifications and Details
2. Development Plan Check and Procedures Manual
Completed final map and improvement plan checklists from the manual entitled "City of Livermore, Development Plan Check and Procedures Manual" shall be submitted with the first plan check submittal for each phase.
C. STANDARD CONDITIONS OF APPROVAL IN THE DEVELOPMENT PLAN
CHECK AND PROCEDURES MANUAL
All of the standard conditions of approval for subdivisions and major projects as listed in Part II of the City of Livermore Development Plan Check and Procedures Manual apply except for the following: A-2, A-3, A-4, A-10, B-7, B-8, B-9, B-10, B-11, B-13, B-14, B-16, K-1, K-2, K-3 D. WORK IN OTHER JURISDICTIONS
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3 The Developer is responsible for obtaining permits and approvals for construction work and property acquisition that are required by agencies other than the City of Livermore.
4. STREETS
A. SPECIFIC REQUIREMENTS:
The Developer shall offer easements and dedications for, and shall improve his share of the ultimate street widths for the following named streets in accordance with the City's General Plan:
Portola Avenue
Portola Avenue is a major street in the General Plan. Along the project frontage Portola Avenue is a 6-lane road with a landscaped median to accommodate turning lanes and a Class IIa bike lane in each direction.
The Isabel Neighborhood Specific Plan (INSP) requires that the existing bike lane at the project location be replaced with a new Class IV separated bike lane with buffer along the project frontage in the westbound direction. Installation of this Class IV bike lane will include a physical raised barrier.
The final design of the Class 4 bike lane has yet to be determined as Livermore Staff is assessing various alternatives for the entire INSP North Canyons Parkway and Portola Avenue corridor. The Developer shall install the final design for the Class IV bike lane that is selected by the City between Montage Drive and Collier Canyon Rd. Installation of the bike lane will include but is not limited to appropriate transitions to and from the existing Class IIa east of Montage Dr to the new Class IV bike lane; modifications to the existing bus turnout west of Montage Dr; modifications to signing and striping along the project frontage and through any transition; any surface treatments and/or structures along the project frontage, and installation of any necessary utility services needed for the maintenance of the raised barrier. Any and all modifications necessary to construct the Class IV bike lane, bus turnout and transitions will be performed within the existing Portola Avenue right-of-way.
To provide a shelter area for bus service at the existing bus turnout the developer shall install a raised platform to accommodate the new Class 4 bike lane in accordance with Figure 17 in FHWA’s Separated Bike Lane and Planning Design Guide. Installation of an actual bus shelter is not required.
The Developer shall install the appropriate transitions for the bike lane into and out of the bus stop platform.
Interior Streets
All interior streets are local private streets which shall have 26 feet wide with no on-street parking except where guest parking stalls are located. All private interior streets will be designated as Commons to distinguish them from public streets. All private streets shall be maintained by the Homeowners Association for the project.
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4 Alleys
All alleys shall have 22 feet wide clear travel way and be separated from the interior streets by a standard driveway or valley gutter. All alleys are to be private and maintained by the Homeowners Association for the project.
Pedestrian Access
The Isabel Neighborhood Specific Plan require that pedestrian access be provided from all neighborhoods to the Isabel Valley Link Station. Similarly, the General Plan requires connectivity between neighborhoods to promote a walkable City. To meet these goals, the Developer shall provide pedestrian connections to Portola Avenue from both the project and from the Montage subdivision to the north as depicted on the Tentative Map.
Emergency Vehicle Access
The Developer shall construct and dedicate an easement for a 20 feet wide Emergency Vehicle Access in Phase 2 of the project as shown on the Tentative Map.
Additionally, prior to the start of framing for any buildings, full street sections shall be installed to provide access for emergency vehicles during construction of the buildings. Full street sections shall include installation of fire hydrants, utilities and curb and gutters.
CASp Certification for Public Walkways/Sidewalks
The Developer shall have a certified CASp Specialist review and certify that the design for all pedestrian improvements within the public right-of-way or a public easement complies with the following applicable regulations: American with Disabilities Act (ADA) requirements, the Public Rights-of-Way Accessibility Guidelines (PROWAG), and the requirements found in Chapter 11B of the 2019 California Building Code. If an accessibility design cannot meet the above listed applicable standards, the Developer shall propose and the CASp Specialist shall concur with a design exception request for approval by the City Engineer or their designee. In addition, the Developer shall have the certified CASp Specialist inspect and certify that pedestrian improvements are installed per the CASp certified design. Pedestrian improvements include new trails, walkways, sidewalks, accessible ramps, connections between existing and new pedestrian improvements, and modifications to existing pedestrian improvements within or adjacent to the project site, as shown on the approved plans.
5. TRAFFIC SIGNALS
Install fully traffic actuated traffic signals per current City and Caltrans standards and using equipment as specified by the City Engineer at the following intersections:
Portola Avenue at primary project entrance
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5 Traffic signals shall be in operation seven days prior to the first occupancy.
6. TRAFFIC IMPACT FEE CREDITS AND REIMBURSEMENTS
A. CREDITS
Traffic Impact Fee credits will be granted to all units within the project in accordance with the terms set forth in Development Agreement 114-97.
B. REIMBURSEMENTS
Because the Developer is eligible for Traffic Impact Fee (TIF) credits under existing Development Agreement 114-97, the Developer is eligible for reimbursement for additional construction of public improvements installed with this project in accordance with LMC 12.30.080. The Developer will be eligible for reimbursement upon acceptance of the improvements The Developer will be eligible for reimbursement through the TIF program for the following construction on Portola Avenue:
Traffic signal on Portola Avenue at the primary project entrance Traffic impact fee reimbursement will be calculated at the time the subdivision agreement is prepared prior to final map approval. The traffic impact fee reimbursement for construction will be based on cost estimates for the T.I.F. work as approved by the City Engineer.
7. SANITARY SEWERS
Due to the location of the new residential units the project will be relocating an existing sanitary sewer main that currently runs along the northwest corner of the site. The Developer shall construct the relocated main to locations shown on the tentative map prior to abandoning the existing sewer main. Because the existing main is very deep the Developer shall fill the main with low strength material to abandon the main in place.
Once the new main is constructed and the existing main is abandoned in place the City will vacate those portions of the existing sanitary sewer easement that are no longer needed. The Developer shall dedicate sanitary sewer easements to the City located where the new main is to be constructed.
Because the Developer has chosen to install the City standard asphalt street section for the private streets with only specialty paving (i.e. pavers, stamped concrete, stamped asphalt, etc.) in a few areas to act as “accents” to the project entry or other areas as approved by the City Engineer, the sanitary sewer may be publicly maintained. However, in order to facilitate the maintenance and repair of the public sanitary sewer lines in the future, the Developer shall install a casing for the pipe or other pipe
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6 protective measures as approved by the City Engineer, in all locations where the pipe runs under specialty paving. Additionally, no pipe joints will be allowed in specialty paving areas.
Sewer shall be extended across all frontages of each phase.
Sewer laterals with two-way cleanouts behind the curb shall be installed to each lot or site before the streets are surfaced.
8. STORM WATER DRAINAGE AND TREATMENT REQUIREMENTS
A. General
1. This site is subject to the National Pollutant Discharge Elimination System (NPDES) Program.
Prior to the issuance of the initial grading or building permit, the Developer shall provide evidence that the site is covered by the statewide General Permit to Discharge Storm Water associated with construction activity. This requires confirmation that a Notice of Intent (NOI) and the applicable fee was sent to the State Water Resources Control Board. In addition, the grading plans need to state:
"All grading shall be in accordance with the Storm Water Pollution Prevention Plan prepared by the Developer per the Notice of Intent on file with the State Water Resources Control Board".
2. Necessary interceptor ditches shall be concrete. Field inlets and storm drainage pipe may be necessary in conjunction with concrete interceptor ditches as secondary drainage releases. All interceptor ditches shall be privately maintained.
B. Storm Drainage Requirements
Per the City’s Facilities Planning Guidelines (dated June 2005), the flows must have the following characteristics:
For a 10-year design discharge: a hydraulic grade line (HGL) is no higher than 1.25 feet below the top of curb elevation at any manhole or inlet.
For a 100-year design discharge: a HGL does not exceed the top of curb elevation. (This is required for item 3 above.)
For additional detail on these guidelines, the applicant should refer to the following resources:
City of Livermore Storm Drain Master Plan & City of Livermore Facilities Planning Guidelines (both available at the Engineering counter at City Hall).
Since the Developer has chosen to build private streets, the storm drain system will be privately owned and maintained to the property line except for the detention basin in Parcel E which shall be publicly maintained and funded through an assessment on the property as described below and in section 15 of these Conditions of Approval. In order to differentiate the ownership of public and
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7 private facilities, the Developer shall provide the additional structures (manholes and or catch basins) at the point of demarcation between public and private.
C. Stormwater Infrastructure Maintenance Funding
The cost to maintain all private storm water infrastructure installed with this project shall be funded by the Developer.
D. Channels (Not Used)
E. Storm Water Treatment, Detention and Low Impact Development Requirements
1. The Developer shall treat the storm water runoff from this site prior to having the storm water enter the City’s storm water distribution system. Stormwater Treatment, Low Impact Development, and Trash Capture is required by the Regional Water Quality Control Board.
The Developer shall complete and or update the Stormwater Requirements Checklist. The Developer shall provide a storm water treatment plan with calculations indicating treatment that meets the latest requirements described in Section C.3 of the City’s NPDES Permit with the Regional Water Quality Control Board. City approval of this plan and calculations is required prior to the approval of the improvement plans.
2. If this project is greater than one acre, the Developer shall provide a Hydrograph Modification Plan (HMP) with calculations in accordance with the Alameda Countywide Cleanwater Program (ACCWP) Bay Area Hydrology Model (BAHM) guidelines. The software for the design of control measures to meet the Flow Duration Control is available to download from www.bayareamodel.org. For additional information you may contact Debbie Salgado in the City’s Engineering Department at (925-960-4558)
3. Prior to final map approval, the applicant shall enter into a maintenance agreement with the City of Livermore for all storm water treatment devices deemed necessary on this site. If the stormwater treatment devices will be maintained by the individual homeowners a cleanout will be necessary at the property lines to allow the residents to maintain their portion of the private storm drain underdrain. If the stormwater treatment device will be maintained by a Homeowners Association, then the cleanouts at each of the property lines may not be needed. The storm drain treatment devices shall be shown on the plat plans and included in the Operations and Maintenance Agreement. The Operations and Maintenance Agreement(s) shall be recorded prior to recordation of the Final Map.
F. Stormwater Treatment Infrastructure Maintenance Funding The cost to maintain all storm water treatment and low impact development infrastructure installed with this project shall be funded by the Developer.
Parcel E shall be designated as a stormwater treatment/bioretention basin. The underlying property for Parcel E shall be privately owned, but will be publicly maintained, the funding for which will be provided by a Community Facilities District or other funding mechanism as approved by the City.
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8 The operations and maintenance agreement for the stormwater bioretention treatment facility will incorporate both townhomes and apartments parcels.
9. REQUIRED SOURCE CONTROL STORMWATER MEASURES
The Regional Water Quality Control Board adopted Order R2-2015-0049 issuing the Alameda Countywide NPDES municipal storm water permit for the Alameda Countywide Clean Water Program. The 17 member agencies, including Livermore, are subject to this permit and all its requirements including the following:
“The Permittees shall, as part of their continuous improvement process, submit enhanced new development and significant redevelopment Performance Standards that summarize source control requirements for such projects to limit pollutant generation, discharge, and runoff, to the maximum extent practicable…” In accordance with this requirement, the following source control measures, included as part of these Conditions of Approval, shall be implemented as a part of this project.
A. Structural Control Measures
1. Illegal Dumping to Storm Drain Inlets and Waterways
On-site storm drain inlets, except inlets located in landscaped areas, shall be clearly marked with the words “No Dumping! Flows to Bay” on a stainless marker. The stainless steel markers are available for purchase from the Water Resources Division. For ordering information, please call 925-960-8100. For projects with newly developed, privatelymaintained streets, agency staff will verify that storm drain inlets have been marked before the final sign-off on the project’s building permit or encroachment permit.
2. Interior Floor Drains
Approved interior floor drains shall be plumbed to the sanitary sewer system and shall not be connected to the storm drain system. The applicant shall contact the Water Resources Division for specific connection and discharge requirements.
3. Parking Garages
Interior level parking garage floor drains shall be connected to a sand/oil interceptor or equivalent water treatment device approved by the Water Resources Division prior to discharging to the sanitary sewer system.
4. Pesticide/Fertilizer Application and Irrigation
a. Landscaping shall be designed to minimize irrigation and runoff, promote surface infiltration where possible, minimize the use of fertilizers and pesticides that can
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9 contribute to storm water pollution, and incorporate appropriate Bay-Friendly Landscaping principles.
b. If a landscaping plan is required as part of a development project application, the plan shall meet the following conditions related to reduction of pesticide use on the project site:
I. Where feasible, landscaping shall be designed and operated to treat storm water runoff by incorporating elements that collect, detain, and infiltrate runoff. In areas that provide detention of water, plants that are tolerant of saturated soil conditions and prolonged exposure to water shall be specified.
II. Plant materials selected shall be appropriate to site specific characteristics such as soil type, topography, climate, amount and timing of sunlight, prevailing winds, rainfall, air movement, patterns of land use, ecological and plant interactions to ensure successful establishment.
III. Existing native trees, shrubs, and ground cover shall be retained and incorporated into the landscape plan to the maximum extent practicable.
IV. Unless otherwise specified, proper maintenance of landscaping shall be the responsibility of the property owner.
V. Integrated pest management (IPM) principles and techniques shall be encouraged as part of the landscaping design. Some examples of IPM principles and techniques include the following:
i. Select plants that are well adapted to soil conditions at the site. ii. Select plants that are well adapted to sun and shade conditions at the site.
Consider future conditions when plants reach maturity. Consider seasonal changes and time of day.
iii. Provide irrigation appropriate to the water requirements of the selected plants. iv. Select pest and disease resistant plants.
v. Plant a diversity of species to prevent a potential pest infestation from affecting the entire landscaping plan.
vi. Use “insectary” plants in the landscaping to attract and keep beneficial insects.
VI. Landscaping shall also comply with City of Livermore’s “Water Efficient Landscape Ordinance”. However, areas of a site used for bio-swales or other landscaped areas that function as a storm water treatment measure shall be exempt from the Water Efficient Landscaping requirements.
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10 VII. An efficient irrigation system shall be installed in areas requiring irrigation. An example of an efficient irrigation system is one that includes a weather-based (automatic, self-adjusting) irrigation controller with a moisture and/or rain sensor shutoff, and in which sprinkler and spray heads are not permitted in areas less than 8 feet wide.
5. Pool, Spa, and Fountain Discharges
a. New or rebuilt swimming pools, hot tubs, spas and fountains must have a connection to the sanitary sewer to facilitate draining. This connection could be a drain in the pool to the sanitary sewer or a cleanout located close enough to the pool so that a hose can readily direct the pool discharge into the sanitary sewer cleanout. b.When draining is necessary, a hose or other temporary system shall be directed into a sanitary sewer cleanout, or vegetated areas that are large enough to accommodate the volume without allowing the discharged water to flow to the storm drain system or receiving water body.
6. Food Service Equipment Cleaning (NOT USED)
7. Refuse Areas
a. New or redevelopment projects shall provide a roofed and enclosed area for dumpsters, recycling containers, compactors, and food waste containers. The area shall be designed to prevent water run-on to the area, to prevent runoff from the refuse area and to properly contain litter and trash. Dumpster leakage from covered trash and food compactor enclosures shall drain to the sanitary sewer via connection to an approved oil and grease interceptor device.
b. Runoff from trash enclosures, recycling areas, and/or food compactor enclosures or similar facilities shall not discharge to the storm drain system. Trash enclosure areas shall be designed to avoid run-on to the trash enclosure area. In most cases, drains are not permitted within trash enclosure areas. A drain, however, must be provided for compactors. If a drain is required in or beneath dumpsters, compactors, and tallow bin areas, it shall be connected to a grease removal device prior to discharging to the sanitary sewer.
8. Outdoor Process Activities/Equipment (NOT USED)
9. Outdoor Equipment/Materials Storage (NOT USED)
10. Vehicle/Equipment and Commercial/Industrial Cleaning (NOT USED)
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11 11. Vehicle/Equipment Repair and Maintenance (NOT USED)
12. Fuel Dispensing Areas (NOT USED)
13. Loading Docks (NOT USED)
14. Fire Sprinkler Test Water
Provisions shall be made in the project design and construction to allow for the discharge of fire sprinkler test water to an onsite vegetated area. If this is not feasible, provide for discharge to the sanitary sewer in accordance with current plumbing codes.
15. Miscellaneous Drain or Wash Water
a. Boiler drain lines shall be connected to the sanitary sewer system and may not discharge to the storm drain system.
b. For small air conditioning units, air conditioning condensate shall be directed to landscaped areas as a minimum BMP. For large air conditioning units, in new developments or significant redevelopments, condensation lines shall be connected to the sanitary sewer system, wherever feasible.
c. Roof drains shall discharge and drain away from the building foundation to landscaped areas wherever feasible.
d. Washing and/or steam cleaning activities must be performed at an appropriately equipped facility that drains to the sanitary sewer as specified in Section J. Any outdoor washing or pressure washing must be in compliance with the City’s Stormwater Management Program requirements and managed in such a way that there is no discharge of soaps or other pollutants to the storm drain system. The applicant shall contact the Water Resources Division for specific discharge requirements.
16. Architectural Copper Installation (NOT USED)
B. II. OPERATIONAL BMPS
This section details Best Management Practices (BMP) that private property owners and/or the occupants of private property must implement following the construction of projects. Ultimately, the responsibility for implementation of these BMPs rests with the property owners. The City of Livermore’s Source Control Program routinely performs inspections of industrial and commercial sites to verify BMP implementation and effectiveness.
1. Paved Sidewalks and Parking Lots
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12 Sidewalks and parking lots shall be swept regularly to minimize the accumulation of litter and debris. Wash water resulting from the pressure washing of parking lots must be captured, pretreated (if necessary) to meet local discharge limits and discharged to the sanitary sewer.
Wash water resulting from the pressure washing of sidewalks may be allowed to drain to the storm drain system provided that (a) no soap or other cleaning agents are used, and (b) all debris are trapped and collected to prevent entry into the storm drain system. Under no circumstances shall wash water containing any soap or other cleaning agents be discharged to the storm drain system.
2. Private Streets, Utilities and Common Areas
a. The owner of private streets and storm drains shall prepare and implement a plan for street sweeping of paved private roads and cleaning of all storm drain inlets. b. For residential developments, where other maintenance mechanisms are not applicable or otherwise in place, a Property Owners Association, Landscape& Lighting District, or an equivalent mechanism shall be created and shall be responsible for maintaining all private streets and private utilities and other privately owned common areas and facilities on the site including landscaping. These maintenance responsibilities shall include implementing and maintaining storm water BMPs associated with improvements and landscaping.
CC&R’s creating the association shall be reviewed and approved by the City prior to the recordation of the Final Map and recorded prior to the sale of the first residential unit. The CC&R’s or Landscape & Lighting District shall describe how the storm water BMPs associated with privately owned improvements and landscaping shall be maintained and detail contact information for the entity responsible for such maintenance activities.
3. Vehicle/Equipment Repair and Maintenance
a. No person shall dispose of, or permit the disposal, directly or indirectly, of vehicle fluids, hazardous materials, or rinse water from parts cleaning operations into storm drains. b. No vehicle fluid removal shall be performed outside a building, or on asphalt or ground surfaces, whether inside or outside a building, except in such a manner as to ensure that any spilled fluid will be in an area of secondary containment. Leaking vehicle fluids shall be contained or drained from the vehicle immediately.
c. No person shall leave unattended drip parts or other open containers containing vehicle fluid, unless such containers are in use or in an area that cannot discharge to the storm drain.
4. Fueling Areas (NOT USED)
5. Loading Docks (NOT USED)
6. On-site Storm Drains
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13 All on-site storm drains must be inspected and, if necessary, cleaned at least once a year immediately prior to the rainy season.
7. Architectural Copper Cleaning, Treating or Washing (NOT USED)
10. WATER SUPPLY (CITY)
Because the Developer has chosen to install the City standard asphalt street section for the majority of the streets with only specialty paving (i.e. pavers, stamped concrete, stamped asphalt, etc.) in a few areas to act as “accents” to the project entry or other areas as approved by the City Engineer, the water lines may be publicly maintained. However, in order to facilitate the maintenance and repair of the water lines in the future, the Developer shall install a casing for the pipe or other pipe protective measures as approved by the City Engineer, in all locations where the pipe runs under specialty paving. Additionally, no pipe joints will be allowed in specialty paving areas.
Water mains shall be extended across all frontages of each phase and all waterline valves must notate “EPDM” on the valve body.
Because the project is located within the City of Livermore Water Zone 1, the developer shall install pressure reduction valves (PRVs), backflow prevention devices and appurtenances on the potable and reclaimed water services as directed by the City Engineer.
The fire service backflow preventer(s) shall be effectively screened from the public right-of-way while at the same time preserving ease of maintenance access to the backflow preventer(s).
Screening shall be as specified on City Standard Detail W-10A, B and C. The fire service backflow preventer(s) shall meet the performance standards of the backflow preventer shown in City Standard Detail W-10A, B and C.
11. UNDERGROUNDING OF UTILITIES:
All existing and new electric (with the exception of any 60 KV and higher voltage wires) and communication lines along the project frontage and within the project shall be placed underground.
Electric, gas, Comcast and SBC utilities are required and shall be placed in a common trench. All electric transformers shall be placed underground.
12. TRAILWAY/BIKEWAY REQUIREMENTS
Active Transportation Plan
Certain portions of this development are within the City of Livermore Active Transportation Plan established and adopted as part of the General Plan. The Developer will be required to design and construct the Class IV bike as conditioned in Section 4 of these Engineering Considerations.
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14 13. MEDIANS AND OTHER LANDSCAPED AREAS
Since the City has a new centralized irrigation system with a computer terminal and modem located at the City’s Maintenance Service Center, the Developer shall install a City standard centralized irrigation controller system with communication accessories as approved by the City. The City may exempt this requirement based on the limited size of the landscape area.
14. HORTICULTURIST'S REPORT
A Horticulturist’s report will be required if the site is located north of Highway I-580.
15. SPECIAL DISTRICTS
A. Landscaping and Lighting Maintenance and Operation
This development is within Landscape Maintenance District LL-821 that was created to maintain public improvements within Shea commercial properties. Because the property has been rezoned from commercial to residential, the Developer shall either a. de-annex this property from LL-821 and annex into Landscape Maintenance District LL-857 which was created to maintain public improvements within Shea residential properties. The Developer shall initiate and bear the costs for the de-annexation from LL-821 and the annexation to LL-857, or
b. Adjust the LL-821 assessments so that the residential portion of the district continues to pay their share of the maintenance in the same proportion as when the project was zoned commercial. The Developer shall initiate and bear the costs for these adjustments in LL-821.
B. Assessment District
This development shall annex into Citywide Community Facilities Maintenance District No 2021-1 to provide for maintenance funds for their pro-rata share of public infrastructure and landscaping that is installed with the Isabel Neighborhood Specific Plan.
The Developer shall initiate and bear the costs for the annexation into CFMD 2021-1.
Annexation documents shall be filed with the filing of the final map. The necessary documentation shall be submitted for City review with the first improvement plan submittal.
C. Mello Roos District
This development is within the Shea Community Facilities District No. 2006-01 and is subject to the charges and requirements thereof.
16. AIRPORT LOCATION
EXHIBIT B
593
15 This development is located in the vicinity of the Livermore Municipal Airport. Aircraft operations in the vicinity of the property may potentially create nuisances, including but not limited to noise, vibration or odors. The owner and or future buyer should be aware that operations and flight numbers at the Livermore Municipal Airport could increase in the future. A report must be filed with the Division of Real Estate relative to this matter.
The property is subject to an avigation easement previously granted to the City as document number 2003006164.
17. SUBDIVISION AGREEMENT AND SECURITY
Following tentative map approval, the Subdivision Improvement Agreement will not be submitted to the City Council until the Developer has submitted all of the documents indicated in the “Final Approval Map Checklist” in the Development Plan Check and Procedures Manual (30) days prior to the city council meeting at which the final map will be considered for final approval by the City Council.
18. FEE AMOUNTS
Except as otherwise vested in Development Agreement 114-97, the Developer will be required to pay the applicable development impact fees and project processing fees due in connection with this subdivision. The fee shall be the amount in effect at the time the fee is required to be paid.
19. VEHICLE ACCESS
Prior to or with the submittal for the first plan check of the tract improvement plans and final map, the Developer shall submit for review and approval a traffic control plan for providing safe entry to and exit from the site. The purpose of the plan is to ensure that there will be safe entry and exit by construction and other vehicles prior to the installation of the required permanent improvements on Portola Avenue and Montage Drive.
If this plan requires the construction of improvements on Portola Avenue and Montage Drive, then these improvements shall be constructed prior to the beginning of any on-site work.
Access to the development by construction equipment, material delivery and other heavy loads shall be limited by the Developer to the following route:
I-580, Airway Blvd, Isabel Avenue, North Canyons Parkway, Portola Avenue, Montage Drive
Such heavy loads will not be allowed on existing residential streets in the vicinity of the development.
The wheel-loading on the above routes shall not exceed State load limits.
EXHIBIT B
594
16 20. DEVELOPMENTS WITH PRIVATE ROADWAYS AND UTILITIES (Condominiums, Row Houses, Cluster, etc.)
The private improvements of the private street system are part of the improvements required of this subdivision. For this reason, the Developer shall pay Engineering Division plan check and construction inspection fees and the City Engineering Division will provide these services. The Developer will also provide subdivision security for the required private improvements.
21. PHASING
The developer is proposing to construct Tentative Tract Map 8613 in two phases as shown on the tentative map. The required improvements shall be bonded for and constructed, and the necessary dedications made, with the respective phases of Tentative Map 8121 as follows:
Phase 1:
a) Relocation of sewer main
b) Stormwater Quality Basin
c) Traffic signal on Portola Avenue
d) Class IV Bike lane on Portola Avenue
e) Bus platform on Portola Avenue
f) Portola Avenue westbound lane reconfiguration
g) Local private streets to serve the Townhomes
h) All utilities to serve the Townhomes
Phase 2:
a. Local Streets to serve the Apartments
b. Emergency Vehicle Access through Phase 2 connecting to the main street in Phase 1.
JW:DES
VTTM 8613 (SUB21-006) Shea Homes - Portola Avenue 7-5-22 Final for PC.docx
EXHIBIT B
595
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
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SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
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Exhibit B
596
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
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342
EXHIBIT B
597
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
x
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343
EXHIBIT B
598
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
ǯ ሺ ሻ Ǥ ሺǦ͵ሻ Ȁ
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344
EXHIBIT B
599
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
x
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3.3-5 Implementation of the proposed Plan
would expose sensitive receptors to
substantial pollutant concentrations from
new sources of toxic air containments.
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345
EXHIBIT B
600
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
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EXHIBIT B
601
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
Ǥ
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3.4-3 Implementation of the proposed Plan
would conflict with an applicable plan,
policy, or regulation adopted for the
purpose of reducing the emissions of
GHGs.
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COL TM, FM, BP,
PC
347
EXHIBIT B
602
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
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EXHIBIT B
603
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
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349
EXHIBIT B
604
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
x
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350
EXHIBIT B
605
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
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351
EXHIBIT B
606
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
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352
EXHIBIT B
607
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
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353
EXHIBIT B
608
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
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354
EXHIBIT B
609
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
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355
EXHIBIT B
610
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
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356
EXHIBIT B
611
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going
SUMMARY OF IMPACT SUMMARY OF MITIGATION MEASURE AGENCY
RESPONSIBLE
FOR
VERIFICATION
TIMING OF
VERIFICATION
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357
EXHIBIT B
612
Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going