Agenda packet — Livermore City Council, February 27, 2023 (part 3 of 3)

ATTACHMENT 1
396
City Council Appointments to Intergovernmental Agencies/City Bodies Appointed by the Mayor UPDATED: FEBRUARY 13, 2023
Intergovernmental
Agency Delegate Alternate Date AppointedMeetings Website Chamber of Commerce
Liaison John Marchand 12/12/2022
4th
Wednesday
of the
month, 8:00
a.m. https://www.livermorechamber.org/
East Bay Community
Choice Energy JPA
(EBCE JPA) Ben Barrientos Evan Branning 12/12/2022
3rd
Wednesday
of the
month, 6:00
p.m. https://ebce.org/meetings/
Government of
Livermore Financing
Authority (GOLFA)
John Marchand
(only Mayor)
Scott Lanphier
(only PW Dir) 12/12/2022 As needed City of Livermore and LARPD Intergovernmental
Committee (City /
LARPD / LVJUSD) Evan Branning Ben Barrientos 12/12/2022 Bi-monthly -
next date
set at end of
meeting Meetings rotates between agencies
League of California
Cities East Bay Division
(LOCC) Evan Branning Robert Carling 12/12/2022
Regular
Meetings 4th
Thursday of
each month,
7:00 p.m.

LOCC Board of Directors
Livermore-Amador
Valley Transit Authority
(LAVTA)
Evan Branning &
Brittni Kiick John Marchand 12/12/2022
1st Monday
of the
month, 4:00
p.m. http://www.wheelsbus.com/
Livermore Amador Valley
Water Management
Agency (LAVWMA) JPA
Robert Carling
& Evan Branning John Marchand
12/12/2022
(Carling &
Marchand)
2/13/2023
(Branning)

Quarterly;
3rd Wed of
January,
April, July,
October,
6:00 p.m. https://lavwma.com/
Livermore Cultural Arts
Council (LCAC) John Marchand Evan Branning 12/12/2022 Varies http://www.lcac.org/ Livermore Downtown Inc
(LDI) Evan Branning Robert Carling 12/12/2022
Tuesday of
the month https://www.livermoredowntown.com/

Page 2 of 4 ends

ATTACHMENT 1
397
City Council Appointments to Intergovernmental Agencies/City Bodies Appointed by the Mayor UPDATED: FEBRUARY 13, 2023
Intergovernmental
Agency Delegate Alternate Date AppointedMeetings Website Livermore-Dublin City
Council Liaison
Committee John Marchand Ben Barrientos 12/12/2022 As needed Alternates between Livermore and Dublin Livermore-Pleasanton
City Council Liaison
Committee John Marchand Robert Carling 12/12/2022 As needed Al ternates between Livermore and Pleasanton Livermore-Pleasanton
Fire Department JPA
(LPFD JPA) John Marchand Brittni Kiick 12/12/2022 As needed Alternates between Livermore and Pleasanton.

Mayor and one Council Member appointed
Stockmen's Association
Liaison John Marchand 12/12/2022 As needed
P.O. Box 180 • Livermore, CA 94551-0180 • 925-
447-3008 • [email protected]
Sister Cities Committee -
Yotsukaido, Japan John Marchand Evan Branning 12/12/2022 Sister Cities Committee -
Quezaltenango,
Gutemala John Marchand Ben Barrientos 12/12/2022
Sister Cities Committee -
Snezhinsk, Russia John Marchand Robert Carling 12/12/2022 StopWaste.Org
(ACWMA and The
Alameda County Source
Reduction and Recycling
Board) Robert Carling Brittni Kiick 12/12/2022
meetings –
4th
Wednesday
of each
month, 3:00
p.m.

Subcomm
2nd Thurs
of the
month, time
varies https://www.stopwaste.org/
Tri-Valley Cities Council 12/12/2022 Quarterly
Cities of Danville, San Ramon, Dublin,
Pleasanton and Livermore
Tri-Valley Community
Television Corporation
(TVCTV) John Marchand
Marianna
Marysheva 12/12/2022 As needed
Tri-Valley Council -
Affordable Housing
Committee Robert Carling Ben Barrientos 12/12/2022 Quarterly Mayor and all Council Members
City of Livermore Sister Cities

Page 3 of 4 ends

ATTACHMENT 1
398
City Council Appointments to Intergovernmental Agencies/City Bodies Appointed by the Mayor UPDATED: FEBRUARY 13, 2023
Intergovernmental
Agency Delegate Alternate Date AppointedMeetings Website Tri-Valley-San Joaquin
Valley Regional Rail
Authority John Marchand 12/12/2022 https://www.valleylinkrail.com/ Tri-Valley Transportation
Council (TVTC) Brittni Kiick
Ben Barrientos
& rest of
Council 12/12/2022 As needed https://www.tvtc-jpa.com/
Tri-Valley Water Liaison
Committee/Agencies
Round Table Liaison
Committee
Robert Carling &
John Marchand Brittni Kiick 12/12/2022
Quarterly
when
mutually
agreed
upon by the
participating
agencies. https://www.dsrsd.com/about-us/board-committee Zone 7
Intergovernmental
Liaison Committee Robert Carling John Marchand 12/12/2022 As needed Zone 7 Tri-Valley Water Liaison Committee

Page 4 of 4 ends

ATTACHMENT 1
399

CITY COUNCIL STAFF REPORT
ITEM NO. 5.13

DATE:

February 27, 2023
TO:

Honorable Mayor and City Council
FROM:

Christine Martin, Assistant City Manager
SUBJECT:

Resolution of continued local emergency.

RECOMMENDED ACTION

Staff recommends the City Council adopt a resolution of continued local emergency.

SUMMARY
On January 10, 2023, the City Council adopted a resolution Ratifying the Proclamation of the Director of Emergency Services Concerning the Existence of a Local Emergency (Resolution No. 2023-001).

California Government Code section 8630 directs the City Council to review the need for continuing the local emergency at least once every 60 days.

DISCUSSION
On January 10, 2023, the City Council ratified a proclamation by the Emergency Services Director of the existence of a local emergency due to conditions of extreme peril to the safety of persons and property that arose within the City of Livermore caused by a series of severe rainstorms and high wind commencing in December 2022 and continuing through January 2023.

On December 31, 2022, the City of Livermore experienced its third atmospheric river since December 26, which caused rapid rises in creeks and streams, downed trees, standing water, and roadway flooding.

On January 4, 2023, a particularly severe rainstorm began. The National Weather Service anticipated the storm would have widespread impact due to heavy rain and flooding that would be compounded by the saturated or near saturated soils from the prior storms.

As a result, the city experienced rapid rises in creeks and streams resulting in localized roadway and other flooding. In addition, strong winds with gusts up to 35-55 mph led to downed trees and power outages, with concerns of imminent threats to life and property.

400
Also on January 4, 2023, California Governor Newsom proclaimed a state of emergency due to the severe winter storms that began on December 27, 2022. Those storms included a series of atmospheric river systems that brought high winds, substantial precipitation, and river and urban flooding throughout California. The Governor issued his order since the series of atmospheric river systems have continuously impacted the State, forcing the closure and causing damage to highways and roads, and various other impacts, which local agencies have not had time to mitigate. The cascading impacts of the storm events exacerbated those conditions. The Governor's proclamation directed the California Office of Emergency Services to provide assistance to local governments for the protection of public health and the environment, allowed for the mobilization of the California National Guard, allowed for state-owned properties to be made available for staging debris, and modifying the hours-of-service limits in the California Vehicle Code and California Code of Regulations for fuel transportation and relief efforts.

On January 4, 2023, pursuant to authority and designation by the Director of Emergency Services, the Acting Director of Emergency Services declared a local proclamation of emergency for the City of Livermore (see attached Local Proclamation 23-01) in reliance upon the declaration of emergency by the State of California, and due to the existing damage and impacts from the prior rainstorms and the anticipated additional impacts from impending rainstorms, these existing conditions were likely to continue to be, beyond the control of the services, personnel, equipment, and facilities of the City of Livermore.

On January 6, 2023, the Director of Emergency Services for the County of Alameda proclaimed a state of emergency exists in the Alameda County Operational Area, which includes the region where the City of Livermore is situated.

Proclamation 23-01 was ratified, as required, by the City Council within seven days (Resolution No. 2023-001). Once ratified, California Government Code section 8630 directs the City Council to review the need for continuing the local emergency at least once every 60 days.

At this time staff recommends that the Council continue the emergency proclamation to reflect the fact that emergency repairs have not been fully implemented and on-going work is required to recover from the damage. Continuing the emergency proclamation allows staff to seek reimbursement of the eligible costs of this work from FEMA and OES through the public assistance program.

Work includes removing sediments and debris from creeks and trails, repairing creek banks that have been washed away, repairing damaged trails, and pedestrian bridge abutments. While the repair projects are still under evaluation, staff estimates about 40 damaged sites totaling approximately $7 million.

FISCAL AND ADMINISTRATIVE IMPACTS

The continuance of a Local Emergency allows the City to access federal, state and county resources, including potential financial reimbursements.

ATTACHMENTS

1. Resolution

Prepared by: Christine Martin
Assistant City Manager

401

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION OF CONTINUED LOCAL EMERGENCY
On January 10, 2023, the City Council adopted a resolution, Ratifying the Proclamation of the Director of Emergency Services Concerning the Existence of a Local Emergency (Resolution No. 2023-001). The emergency services proclamation concerns conditions of extreme peril to the safety of persons and property which have arisen within the City of Livermore caused by a series of severe rainstorms and high winds commencing in December 2022, and continuing through January 2023.

Although efforts have been made to remedy the emergency conditions, City staff report that the emergency conditions identified by the proclamation still exist. City staff recommends continuing the declaration of emergency since it is required to be active in order to remain eligible to apply for and receive funding for costs to respond to and repair damages cause by the storm events.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it has reviewed the January 4, 2023, proclamation of local emergency, that the City Council ratified on January 10, 2023 (Resolution No. 2023-001), and hereby finds that conditions warrant continued maintenance of that proclamation of local emergency.

On motion of Council Member ____________________, seconded by Council Member _____________________, the foregoing resolution was passed and adopted on February 27, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
____________________________ /s/ Jason Alcala
Marie Weber Jason Alcala
City Clerk City Attorney
403

CITY COUNCIL STAFF REPORT
ITEM NO. 6.1

DATE:

February 27, 2023
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Hearing to waive the first reading and
Introduce an Ordinance
considering
amendments to Livermore Development Code Section 11.01.020 Definitions and Section

3.03.150 Heavy Industrial (I-3) Zoning District relating to warehousing and distribution facilities.

RECOMMENDED ACTION

City of Livermore Planning Commission and staff recommend the City Council take the following actions to approve the Development Code Amendment:

1 .

Adopt a resolution finding that the project is categorically exempt under the California Environmental Quality Act Guidelines Section 15061(b)(3) (common sense exemption); 2 .

Waive the first reading and introduce an Ordinance approving Development Code Amendment (DCA) 22-002 to amend Livermore Development Code Section 11.01.020 Definitions and Section

3.03.150 Heavy Industrial (I-3) Zoning District relating to warehousing and distribution facilities.

SUMMARY
The staff-initiated Development Code (Code) Amendment (DCA) 22-002 proposes amendments relating to warehousing and distribution facilities. The primary amendments to the Code include:
• Section 11.01.020 to modify the definition of “Warehousing and distribution facility” to distinguish between traditional facilities and e-commerce facilities; • Section 11.01.020 to modify the definition of “Manufacturing/processing heavy, medium and light industrial” to delete references to warehousing and distribution so that the Code has only one consolidated definition of warehousing and distribution; and • Section 3.03.150 to modify the Heavy Industrial (1-3) Zoning District to allow E-Commerce/Third Party Logistics (3PL) facilities with approval of a conditional use permit. Traditional warehouse and distribution facilities would remain permitted uses in the I-3 District.

DISCUSSION
404
Within the last two years a large warehouse building located on Longfellow Court was purchased by a large e-commerce business and converted into a delivery station, also known as "last-mile" delivery.

While the new use is a permitted use in the zoning district, it raises concerns regarding the potential expansion of these types of e-commerce warehouse uses in the City's industrial areas.

Traditionally, warehouse and distribution facilities are generally associated with specific manufacturing uses and used exclusively to distribute their own products. Warehouse and distribution facilities associated with e-commerce function much differently. With the expansion of on-line shopping, e- commerce businesses have developed a delivery system in response to increased consumer expectations of quick delivery. E-commerce warehouse and distribution businesses generally include three types of facilities in their distribution network:
• Distribution Center (or Fulfillment Center): a building specifically designed to receive, store and redistribute goods for rapid turnaround for e-commerce and similar "just in time" product deliveries. • Sortation Center: facilities generally used to sort packages for a geographical region where the packages originated from one or more fulfillment centers within the e-commerce companies' network.

Packages are usually shipped to delivery stations.
• Delivery Station: facilities where packages are sorted and then dispatched directly to the customer.

These facilities represent the last leg of the delivery network.

While e-commerce facilities provide some employment and support e-commerce for the community, they require large land parcels and large facilities. A distribution center can easily exceed 1-2 million square feet. For example, the e-commerce facility at 400 Longfellow Court is a 610,000 square foot building on 34 acres of land. A concentration of e-commerce facilities in one location could displace the development of other types of job generating uses and/or have adverse noise and traffic impact on nearby residential areas.

PROPOSED AMENDMENTS

Amendments to the Development Code are proposed to: 1) amend the definition of warehouse and distribution facility to distinguish between traditional facilities and e-commerce facilities, and 2) require e- commerce facilities in the I-3 (Heavy Industrial) zoning district to be subject to approval of a conditional use permit. Traditional warehouse and distribution facilities would remain permitted in the I-3 district.

How e-commerce facilities fit in with other employment and economic development goals will be examined with the current General Plan update. As an interim step, staff is proposing the following Development Code amendments (see redline version of Code changes in Attachment 3):
• Amend the definition of "Warehousing and distribution facility" to distinguish between traditional facilities and e-commerce facilities and allow traditional "Warehousing and distribution facilities" to remain as a permitted use only in the Heavy Industrial I-3 district. • Amend the existing "Manufacturing/processing heavy, medium and light industrial" definitions to delete references to warehousing and distribution to avoid confusion and so that the Code has only one consolidated definition of warehousing and distribution. If warehousing and distribution is ancillary to the primary manufacturing/processing use, it would be permitted as is custom with other land uses in Livermore.
• Create a new land use definition - "Warehousing and distribution facility - E-Commerce/Third Party Logistics (3PL)" - defined as an establishment engaged in storing, processing, packaging, shipping, and distributing goods and merchandise to consumers from e-commerce, online, and mail order retail, also 405
known as business-to-consumer distribution. Facilities include fulfillment/distribution, sorting, and delivery centers. E-commerce facilities will only be permitted in the I-3 (Heavy Industrial) zoning district with the approval of a conditional use permit (CUP). The CUP will allow for review of the potential impacts from e-commerce facilities on adjacent uses, such as traffic and noise. The effects on employment and economic development goals can also be considered.

The Planning Commission held a public hearing on the proposed amendment at its October 18, 2022, meeting (see Attachment 1 - PC staff report). There was no public testimony. The Planning Commission noted concerns related to available industrial land inventory and potential environmental impacts. Staff noted that these issues can be addressed through the proposed CUP process, but additional evaluation of land use and impacts would occur through the General Plan update process that is currently underway. Staff also received a letter from the Livermore Valley Chamber of Commerce expressing concerns about adding another entitlement requirement on businesses and creating potential barriers for e-commerce third party logistics uses (Attachment 3).

ENVIRONMENTAL DETERMINATION

The project is exempt under Section 15061(b)(3) of the California Environmental Quality Act (CEQA), the common sense exemption, in that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The proposed amendments will not result in changes in land use that would significantly affect the environment.

FISCAL AND ADMINISTRATIVE IMPACTS

The proposed amendments would require a conditional use permit application for e-commerce warehouse and distribution facilities in the I-3 zoning district. A large number of applications for such facilities are not anticipated in the near future and application fees would cover staff time needed to process submitted applications.

ATTACHMENTS

1. Planning Commission Staff Report 10-18-22

2. Planning Commission 10-18-2022 - Draft Meeting Minutes

3. Livermore Valley Chamber of Commerce letter dated October 18, 2022

4. Proposed Amendments Redline Edits

5. Resolution - CEQA

6. Exhibit A - Planning Commission Resolution 23-22

7. Ordinance

8. Exhibit A - Planning Commission Resolution 23-22

9. Exhibit B - Draft Development Code Sections 3.03.150 and 11.01.020

Prepared by: Susan Frost
Special Projects Coordinator

406

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
407
PLANNING COMMISSION STAFF REPORT ITEM NO. 5.1
DATE: October 18, 2022
TO: Chairperson and Members of the Planning Commission
FROM: Steve Stewart, Planning Manager
SUBJECT: Hearing to consider Development Code (Code) Amendment (DCA) 22-002 for amendments relating to warehousing and distribution facilities.

ECOMMENDED ACTION
S
taff recommends the Planning Commission adopt a resolution recommending the City Council find the project is exempt from the California Environmental Quality Act (CEQA) under Section 15061(b)(3), in that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and that the City Council approve Development Code Amendment (DCA) 22-002.

SUMMARY
The staff-initiated Development Code (Code) Amendment (DCA) 22-002 proposes amendments relating to warehousing and distribution facilities. The primary amendments to the Code include:

Section 11.01.020 to modify the definition of “Warehousing and distribution facility” to distinguish between traditional facilities and e-commerce facilities; Section 11.01.020 to modify the definition of “Manufacturing/processing heavy, medium and light industrial” to delete references to warehousing and distribution so that the Code has only one consolidated definition of warehousing and distribution; and Section 3.03.150 to modify the Heavy Industrial (1-3) Zoning District to allow E-Commerce/Third Party Logistics (3PL) facilities with approval of a conditional use permit. Traditional warehouse and distribution facilities would remain permitted uses in the I-3 district.

DISCUSSION
Within the last two years a large warehouse building located on Longfellow Court was purchased by a large e-commerce business and converted into a delivery station, also known as "last-mile" delivery.

While the new use is a permitted use in the zoning district, it raises concerns regarding the potential expansion of these types of e-commerce warehouse uses in the City's industrial areas.

ATTACHMENT 1
408
Traditionally, warehouse and distribution facilities are generally associated with specific manufacturing uses and are used exclusively for their own distribution activities. This is often referred to as business-to- business distribution. Warehouse and distribution facilities associated with e-commerce function much differently. With the expansion of on-line shopping, expectations of quick delivery from consumers have increased. In response to consumer demands, e-commerce businesses developed a delivery system that has been copied by other large retailers to some extent. E-commerce warehouse and distribution businesses generally include three types of facilities in their distribution network:

Distribution Center (or Fulfillment Center): A building specifically designed to receive, store and redistribute goods and designed for rapid turnaround for e-commerce and similar "just in time" product deliveries.

Sortation Center: Facilities generally used to sort packages for a geographical region whereby the packages have originated from one or more fulfillment centers within the E-commerce companies' network. Packages are usually shipped to delivery stations.

Delivery Station: Facilities where packages are sorted and then dispatched directly to the customer. These facilities represent the last leg of the delivery network.

PROPOSED AMENDMENTS

Amendments to the Development Code are proposed to: 1) amend the definition of warehouse and distribution facility to distinguish between traditional facilities and e-commercial facilities, and 2) allow for e-commerce facilities in the I-3 (Heavy Industrial) zoning district through a conditional use permit.

Traditional facilities would remain permitted in the I-3 district. How e-commerce facilities fit in with other employment and economic development goals will be examined with the current General Plan update.

As an interim step, staff is proposing the following Development Code amendments (see Attachment 2):

Amend the definition of "Warehousing and distribution facility" to distinguish between traditional facilities and e-commercial facilities and allow traditional "Warehousing and distribution facilities" to remain as a permitted use only in the Heavy Industrial I-3 district.

Amend the existing "Manufacturing/processing heavy, medium and light industrial" definitions to delete references to warehousing and distribution to avoid confusion and so that the Code has only one consolidated definition of warehousing and distribution. If warehousing and distribution is ancillary to the primary manufacturing/processing use, it would be permitted as is custom with other land uses in Livermore.

Create a new land use definition - "Warehousing and distribution facility - E-Commerce/Third Party Logistics (3PL)" - defined as an establishment engaged in storing, processing, packaging, shipping, and distributing goods and merchandise to consumers from e-commerce, online, and mail order retail, also known as business-to-consumer distribution. Facilities include fulfillment/distribution, sorting, and delivery centers. E-commerce facilities will only be permitted in the I-3 (Heavy Industrial) zoning district with the approval of a conditional use permit (CUP). The CUP will allow for review of the potential impacts from e-commerce facilities on adjacent uses, ATTACHMENT 1
409
such as traffic and noise. The effects on employment and economic development goals can also be considered.

ENVIRONMENTAL DETERMINATION

The project is exempt under Section 15061(b)(3) of the California Environmental Quality Act, the common sense exemption, in that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The proposed amendments will not result in changes in land use that would significantly affect the environment.

RECOMMENDATION

Staff recommends the Planning Commission adopt the attached resolution recommending the City Council:

1. Find that the project is exempt under Section 15061(b)(3) of the California Environmental Quality Act, the common sense exemption, in that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

2. Approve Development Code Amendment (DCA) 22-002 to amend the Livermore Development Code Section 11.01.020, Definitions, and Section 3.03.150, Heavy Industrial (I-3) Zoning District relating to e- commerce facilities.

ATTACHMENTS

1. Resolution

2. Exhibit A - Proposed Amendments

Prepared by: Susan Frost
Special Projects Coordinator

ATTACHMENT 1
410
PLANNING COMMISSION MINUTES 1 October 18, 2022
DRAFT
P

LANNING COMMISSION

REGULAR MEETING MINUTES
O
ctober 18, 2022

1. CAL
L TO ORDER – The meeting of the Planning Commission was called to order by Chairperson Steven Dunbar at 7:00 p.m., via Zoom teleconferencing.

2. RO
LL CALL – Present were Chairperson Steven Dunbar, CM Jacob Anderson, CM Evan Branning, and CM John Stein. Absent was Vice Chairperson Daniel Leary.

A
lso present were: Planning Manager Steve Stewart, Senior Assistant City Attorney Kim Cilley, Special Projects Coordinator Susan Frost, Division Clerk Michele Donley
PLEDGE OF ALLEGIANCE – Led by Chairperson Dunbar.

2. CI
TIZENS FORUM – None.

3. CO
NSENT CALENDAR – None.

4. PR
OJECT REVIEW – None.

5. P

UBLIC HEARINGS

5.1 Hearing to consider Development Code (Code) Amendment (DCA) 22- 002 for amendments relating to warehousing and distribution facilities.

R ecommendation:

S taff recommends the Planning Commission adopt a resolution recommending the City Council find the project is exempt from the California Environmental Quality Act (CEQA) under Section 15061(b)(3), in that CEQA applies only to projects which have the potential for causing a significant effect on the environment, and that the City Council approve Development Code Amendment (DCA) 22-002.

S
pecial Projects Coordinator Susan Frost gave the staff report and overview of the item.

C
hairperson Dunbar opened the public hearing and comment period, and there were no speakers. He then closed the public hearing.

C
M Anderson questioned vehicle miles and how the City is differentiating and taking VMT into account for this designation.

ATTACHMENT 2
411

PLANNING COMMISSION MINUTES 2 October 18, 2022
DRAFT

Ms. Frost said currently the City does not make a distinct ion in its traffic impact fees between warehouse facility types, and it is a new business model but transportation engineers and modelers are becoming more aware of this and taking it into account, but it is not always implemented. The CUP, however, will a llow the City the opportunity to delve into that further with review of an application.

CM Anderson thinks this is important given this is coming to the City quickly and will see more of these facilities throughout the region.

CM Stein referred to an article in the paper regarding similar facilities in the Inland Empire.

Livermore is in an area on the west side of the Altamonte so the City is in an ideal location for these uses. He supports the Development Code Amendment, thinks it is worth taking an extra look, and asked if staff if they know the number of parcels between 10 and 20 acres of either undeveloped or land that can be assembled there are in the City.

Planning Manager Steve Stewart said staff is looking at some of that in the General Plan Update analysis right now and an inventory of vacant land and will have that information when the analysis of the focused areas return to the Planning Commission and City Council.

CM Stein noted that 600,000 square feet is 13 acres under roof, and his question is what are the advantages and disadvantages of preserving these parcels in terms of City economics versus converting to residential, commercial, or subdividing parcels, so he believes the General Plan Committee should review. Otherwise, he can make the findings and believes this is a very useful thing to consider.

CM Branning asked and confirmed what the Commission is being asked to approve today would simply separate out e-commerce facilities from heavy industrial use warehouse. In the future, he also confirmed with Mr. Stewart that this would allow the City to add specific regulations to e- commerce sites if they saw a need to condition it to ensure land use compatibility and if it were the difference of making a finding or not.

CM Branning voiced his support of the request.

Chairperson Dunbar echoed Commissioner comments, said this makes a lot of sense, can make the findings, and said there are cost trade-offs for tax evaluation of the parcel, but obviously these facilities and warehousing have a large proportion of heavy duty trucks and possibly more for e- commerce versus a number one would see for another type of warehouse. Regardless, that comes with an asset management cost because the axle weight rating of a truck is proportional to the amount of damage it does to the street.

ATTACHMENT 2
412

PLANNING COMMISSION MINUTES 3 October 18, 2022
DRAFT

He knows Hayward has been going through a similar process and this is one to find in their Legi -Star. The point about vehicle miles was made, and he can also make all findings.

Mr. Stewart pointed out that staff received a letter from the Livermore Valley Chamber of Commerce late this evening expressing concern about adding another layer or entitlement requirement on business, in general, and creating potential barriers for a third party logistics e-commerce. Therefore, staff will be reaching out to the Chamber prior to the matter going to the Council to try and address concerns.

Regarding the VMT piece, this would be reviewed on a project -by-project and case-by- case basis at this point. In the General Plan Update, the City will be adding VMT policy as well.

Chairperson Dunbar said he thinks the goal is not to leave it as a CUP for an indefinite time period. The City simply wants to come to its own standards and thanked staff for reaching out to the Chamber.

MOTION BY ANDERSON, SECONDED BY STEIN , TO ADOPT A RESOLUTION

RECOMMENDING THE CITY COUNCIL FIND THE PROJECT IS EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER SECTION 15061(B)(3), IN THAT CEQA APPLIES ONLY TO PROJECTS WHICH HAVE THE

POTENTIAL FOR CAUSING A SIGNIFICANT EFFECT ON THE ENVIRONMENT, AND

THAT THE CITY COUNCIL APPROVE DEVELOPMENT CODE AMENDMENT (DCA) 22-002.

AYES: ANDERSON, BRANNING, DUNBAR, STEIN.

NOES: NONE.

ABSENT: LEARY.

5.2 Hearing to consider amendments to Livermore Development Code Section

6.02.060.A; Home Occupations, exempting home occupations that do not see clients at the home or have employees other than the household member from the requirement for a home occupation permit. Exempt home occupations are subject to other Home Occupation standards in the Development Code. Cottage food operations are not exempt from obtaining a home occupation permit.

Recommendation:

City of Livermore staff recommends the Planning Commission adopt a resolution recommending the City Council find the project is exempt from the California Environmental Quality Act (CEQA), under Section 15301, minor alterations of existing facilities, and Section 15061(b)(3) the common sense exemption, and that the City Council approve Development Code Amendment (DCA) 22-001.

ATTACHMENT 2
413

PLANNING COMMISSION MINUTES 4 October 18, 2022
DRAFT

Special Projects Coordinator Susan Frost gave the staff report and overview of the matter.

Chairperson Dunbar opened the public hearing and comment period, and there were no speakers. He then closed the public hearing for the item.

C Branning voiced support of cottage food operations and that the City is fixing an error in the code. One thing that might need to be monitored is a business that fits the exemption but has excessive deliveries, and this be something for the Commission to be able to monitor.

CM Stein said he can make the findings and said this reduces the impacts on a business.

In addition to pickups, there are also deliveries. While the number of heavy trucks on a cottage food kitchen is no different than a warehouse, the number of small delivery vans might increase. He thinks nowadays there is a substantial change in the character of how business is done with app- based store deliveries, it remains to be seen if this has an impact on air quality or not as many vans are electric, but this will probably decrease the number of shopping trips.

CM Anderson echoed Commissioner’s comments and voiced his support.

Chairperson Dunbar asked if staff has seen home occupations that required additional parking.

Mr. Stewart said there are rare cases where a home occupation requires an additional parking space or have any impacts that would affect the compatibility with the neighborhood or residential use. Staff would rely on information they include on their home occupation permit.

Chairperson Dunbar stated he can make all findings and voiced support.

MOTION BY BRANNING , SECONDED BY ANDERSON, TO ADOPT A RESOLUTION

RECOMMENDING THE CITY COUNCIL FIND THE PROJECT IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), UNDER SECTION 15301, MINOR ALTERATIONS OF EXISTING FACILITIES, AND SECTION 15061(B)(3) THE

COMMON SENSE EXEMPTION, AND THAT THE CITY COUNCIL APPROVE DEVELOPMENT CODE AMENDMENT (DCA) 22-001.

AYES: ANDERSON, BRANNING, DUNBAR, STEIN.

NOES: NONE.

ABSENT: LEARY.

5.3 THE PREVIOUSLY NOTICED ITEM HAS BEEN CONTINUED TO THE NOVEMBER 1, 2022 PLANNING COMMISSION MEETING.

ATTACHMENT 2
414

PLANNING COMMISSION MINUTES 5 October 18, 2022
DRAFT

Hearing to receive a tracking update on the Isabel Neighborhood Specific Plan progress and consider amendments to the Specific Plan including new and clarified policies, revised development and design standards, and text clarifications.

6. MATTERS FOR CONSIDERATION – None.

7. MATTERS INITIATED BY PLANNING COMMISSION AND STAFF

7.1 Planning Manager Steve Stewart said staff will be looking for comments from the Planning Commission on the Draft Climate Action Plan for the November 1 st
meeting. It should be on the City’s website. He added that the National Planning Conference in 2023 is in April in Philadelphia this year.

7.2 CM Stein asked if the winter tree planting of Caribs at Carnegie Park on the east and west side will be replaced with another species, as well as at the City parking lot at 3
rd Street and Livermore Avenue. Lastly, the bank adjacent to that is vacant and he wondered if the landscaping is being maintained.

8. ADJOURNMENT – 7:28 p.m. to the next Regular Planning Commission meeting on Tuesday, November 1, 2022 at 7:00 p.m., Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue.

Minutes prepared by:

Lisa Harper Consulting

ATTACHMENT 2
415
Livermore Valley Chamber of Commerce
2157 First Street Livermore CA 94550
925.447.1606
www.livermorechamber.org
October 18, 2022
Commissioner Steven Dunbar, Chair
City of Livermore Planning Commission
1052 South Livermore Avenue
Livermore CA 94550
Re: Planning Commission 10/18/22 Meeting Agenda Item #5.1 Development Code Amendments Relating to Warehousing & Distribution Facilities
Dear Chair Dunbar & Commissioners:

I am writing on behalf of the Livermore Valley Chamber of Commerce (LVCC), to express interest in and concern on the proposed development code amendments as they relate to warehousing and distribution facilities within the City of Livermore.

Incorporated in 1937, LVCC is a member business association representing private, public, and non-profit businesses and organizations from a range of industry sectors doing business within the Livermore Valley.

LVCC has reservations about the proposed amendments to the development code as it relates to warehousing and distribution facilities. LVCC is not opposed to the City recognizing the distinction between various types of warehousing and distribution facilities in its development code by creating a new category, in this case facilities intended for the purpose of E-Commerce/Third Party Logistics.

However, we do have strong concerns about adding the requirement for a Conditional Use Permit for this new designation. While new to Livermore, this is not a new industry. E- Commerce/Third Party Logistics businesses already operate in communities through California and the U.S. Models for best practices and standards for this land use must already be established and can inform Livermore’s new development code.

A conditional Use Permit process adds more layers of review, increasingly more stringent, and sometimes arbitrary standards for a project. The evolution of traditional types of commercial and industrial businesses has accelerated. In this case, the pandemic created the conditions resulting in greater demand for this type of service resulting in the growth of this industry.

ATTACHMENT 3
416

Page 2 of 2 ends

Creating increased barriers for E-Commerce/Third Party Logistics operations, when consumers in this City and in the Tri-Valley and East Bay region are part of the demand for that service, will potentially serve to push this service further away, increasing greenhouse gas emissions and impacts to the regional transportation system. Even as these businesses aggressively adopt practices in their operations to ensure that their vehicles and equipment are fueled by clean, renewable energy sources.

LVCC deeply appreciates the efforts and due diligence of City staff and the commission. We urge you to give careful consideration to staff recommendation as it relates to applying a Conditional Use Permit requirement on E-Commerce/Third Party Logistics, and do your best to avoid and/or minimize the impacts of “unintended consequences.”

Respectfully,

Dawn P. Argula
Dawn P. Argula
President & CEO

ATTACHMENT 3
417
Key
A
mend Livermore Development Code Section 3.03.150 Heavy Industrial (I-3) Zone as follows:

Regulations R

P Permitted Use (Ord. 2082 § 2(J), 2019; Ord. 1915 § 3 (Exh.

B), 2010) ZUP Zoning Use Permit Required
CUP Conditional Use Permit Required
-- Use Not Allowed
End Notes:
1 A definition of each listed use type is in Part 11.
2 Outdoor storage shall be fully screened.
3 Similar uses permitted or conditionally
permitted as determined by the Director to
be of the same general character as the listed
G. I-3 Use Table
Land Use Type
1, 3 Specific Use Permit
Regulations Required Land Use Type
1, 3 Specific Use P ermit
equired
Industry, Manufacturing and Processing Recreation, Education & Public Assembly Fuel Station, Private 6.03.160 ZUP Commercial Recreation Facility: 6.03.050 Manufacturing/Processing Commercial amusement facility CUP Light industrial P Public and Quasi-Public 6.02.090 CUP Medium industrial P Commercial
Heavy industrial 6.02.040 P Drive-In Business:

Recycling Facility: Restaurant 5 CUP
Processing 2 P Restaurant P
Wholesale certified 4 P Services: Business, Financial, Professional Research and Development ATM CUP
Facility P Bank, Financial Services 5 CUP
Storage:

Self-storage facility P
Office: Professional,
Administrative P
Contractor storage yard/open Services: General
storage 2 6.03.100 P Dog Day Care CUP
Warehousing and Distribution
Facility,:

Warehousing and Distribution
Facility, E-Commerece/3PL
Lodging:

Hotel, motel 5 CUP P
CUP
ATTACHMENT 4
418
uses.
4 Permitted within a building or fully screened
from public view by a solid wall or fence.
5 Use shall be shown as reasonably required
for the convenience or support of
occupants of uses in the surrounding I-
District.
6 Amend Livermore Development Code Part 11 Definitions as follows:

Warehousing and distribution facility– An es tablishment engaged in selling of their own products or merchandise to retailers, also known as business-to-business distribution, such as to contractors, industrial, commercial, institutional, farm, or professional business users; or to other wholesalers. Warehousing and distribution facilities may also be accessory to permitted manufacturing/processing uses. Does not include warehousing and distribution facilities – e-commerce/third party logistics, which is defined separately below. Also includes storage, processing, packaging and shipping facilities for mail order and electronic commerce retail establishments.

Warehousing and distribution facility –E-Commerce/Third Party Logistics (3PL).

An establishment engaged in storing, processing, packaging, shipping, and distributing goods and merchandise to consumers from e-commerce, online, and mail order retail, also known as business-to-consumer distribution. Facilities include fulfillment/distribution, sorting, and delivery centers.

Manufacturing/processing - heavy industrial. Uses in this category are distinguished by a tendency to create noise, odors, vibration, glare or hazards that may be objectionable in other areas. They often include the warehousing and distribution, manufacturing/processing and/or outdoor storage of substantial amounts of raw materials or bulky items. Examples include, but are not limited to, metal products fabrication, truck terminals, saw and planing mills, and the manufacture or distribution of major utility components, construction and farm equipment, and/or heavy building materials. Examples also include the manufacturing, processing, storage, or packaging for distribution, or wholesaling of chemicals, petroleum, heavy agricultural products such as pesticides or fertilizers or other similar hazardous materials.

Manufacturing/processing -– light m
edium industrial intensity. The manufacturing,
assembling, processing, storage or packaging of products except: 1) uses manufacturing, processing, storage or packaging chemicals, petroleum, and heavy agricultural products or other hazardous materials, 2) vehicle-dismantling yards, scrap and waste yards. Light Medium intensity manufacturing and processing includes:

1. The manufacturing of electric and electronic circuits and instruments and devices, such as, but not limited to, radio and television, phonographic ATTACHMENT 4
419
equipment, calculators, computers, semi-conductors and transistors, and similar uses.

2. The manufacturing, assembly, processing, storage, or packaging of products from previously prepared materials such as, but not limited to, cloth, plastic, paper, leather, and precious or semi-precious metals or stones, but not including such operations as saw and planing mills, any manufacturing uses involving primary production of wood, metal or chemical products from raw materials and similar uses.

3. The manufacturing of pharmaceutical products.

Manufacturing/processing -
medium light industrial. Any manufacturing, processing, and storage, and distribution that does not include hazardous wastes or resulting large truck usage/ parking on the site. The use shall be accomplished entirely inside of the building except for incidental movement of products or materials into and out of the building to a delivery vehicle. Size of an individual light distribution business shall generally be limited to 4,000 square feet of storage (warehouse) area and one truck delivery door.
.

ATTACHMENT 4
420
RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION FINDING THAT THE WAREHOUSE AND DISTRIBUTION FACILITIES DEVELOPMENT CODE AMENDMENT 22-002 IS EXEMPT FROM THE

PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
(Development Code Amendment 22-002)
The City of Livermore initiated an application for Development Code Amendment 22-002 to consider amendments to Section 11.01.020 (Definitions) and Section 3.03.150 (Heavy Industrial (I-3) Zoning District) relating to warehouse and distribution facilities (“Project”).

On October 18, 2022, at a duly noticed public hearing, the Planning Commission considered the Project, made the necessary findings, and adopted Planning Commission Resolution No. 23-22, attached hereto as Exhibit A, recommending the City Council find the Project is exempt from the provisions of the California Environmental Quality Act (“CEQA”).

On February 27, 2023, the City Council held a duly noticed public hearing to consider the Project, Planning Commission and staff recommendations, and all public comments and testimony, and 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. 23-22, 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 that the Project is exempt under CEQA Guidelines Section 15061(b)(3) (common sense exemption) in that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

1. Finding. The proposed ordinance amendment clarifies the definition of warehouse and distribution facilities to distinguish between traditional facilities and e- commerce facilities. Both uses are consistent with the Heavy Industrial general plan designation and included in the I-3 zoning district. The proposed amendment to require a conditional use permit for e-commerce facilities does not significantly alter land uses permitted in the Heavy Industrial zoning district.
421
RESOLUTION NO. ________
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, 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 February 27, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Kimberly Cilley
Marie Weber Kimberly Cilley
City Clerk Senior Assistant City Attorney
Exhibit A – Planning Commission Resolution No. 23-22
422

EXHIBIT A
423

EXHIBIT A
424

EXHIBIT A
425
ORDINANCE NO. _____________
Rev. 6/29/18

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

AN ORDINANCE AMENDING THE LIVERMORE DEVELOPMENT CODE BY AMENDING SECTION 11.01.020 (DEFINITIONS) AND
SECTION 3.03.150 (HEAVY INDUSTRIAL ZONING DISTRICT)

RELATING TO WAREHOUSE AND DISTRIBUTION FACILITIES
City of Livermore initiated an application for Development Code Amendment 21-002 to consider amendments to Section 11.01.020 (Definitions) and Section 3.03.150 (Heavy Industrial (I-3) Zoning District).

At a public hearing on October 18, 2022, the Planning Commission of the City of Livermore considered the staff recommendation for approval and recommended that the City Council approve Development Code Amendment 22-002 in Planning Commission Resolution No. 23-22, attached hereto as Exhibit A.

On February 27, 2023, the City Council held a duly noticed public hearing to consider the project, Planning Commission and staff recommendations, and all public comments and testimony.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LIVERMORE DOES ORDAIN AS FOLLOWS:

Section 1. The City Council has adopted Resolution No. ______ that finds that the Warehouse and Distribution Facilities Code amendments are exempt from review under the California Environmental Quality Act (CEQA).

Section 2. The ordinance is consistent with the Livermore General Plan, any applicable specific plan, and the Livermore Development Code.

Section 3. The City Council has considered the findings made in Planning Commission Resolution No. 23-22, attached hereto as Exhibit A, and hereby adopts the same findings by this reference and incorporates them as part of this resolution, and based upon the City Council’s own independent review and considerations, the City Council hereby approves Development Code Amendment 22-001 for amendments to Section

11.01.020 (Definitions) and Section 3.03.150 (Heavy Industrial (I-3) Zoning District), attached hereto as Exhibit B.

Section 4. This ordinance or a comprehensive summary thereof shall be published once in a newspaper of general circulation of the City of Livermore within 15 days after its adoption and shall take effect and be in force thirty days from and after its adoption.

Section 5. The Planning Manager is directed to file a Notice of Exemption with the Alameda County Clerk.
426
ORDINANCE NO. _____________
Rev. 6/29/18
Section 6. The documents that constitute the record of proceedings upon which this decision is based on can be found in the City Clerk’s Office, 1052 S. Livermore Avenue, Livermore, California.

Section 7. If any part of this ordinance is declared unconstitutional or invalid by a court, such unconstitutionality or invalidity shall not affect any remaining parts.

The foregoing ordinance was introduced at the meeting of the City Council of the City of Livermore held on February 27, 2023, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

The ordinance was adopted at the regular meeting of the City Council held on , by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

COUNCIL MEMBERS:

Mayor, City of Livermore
ATTEST: APPROVED AS TO FORM:
/s/ Kimberly Cilley
Marie Weber Kimberly Cilley
City Clerk Senior Assistant City Attorney
Exhibit A – Planning Commission Resolution No. 23-22
Exhibit B – Development Code Amended Section 11.01.020 and Section 3.03.150 427

EXHIBIT A
428

EXHIBIT A
429

EXHIBIT A
430
Key
Amend Livermore Development Code Section 3.03.150 Heavy Industrial (I-3) Zone as follows:

Regulations R

P Permitted Use (Ord. 2082 § 2(J), 2019; Ord. 1915 § 3 (Exh.

B), 2010) ZUP Zoning Use Permit Required
CUP Conditional Use Permit Required
-- Use Not Allowed
End Notes:
1 A definition of each listed use type is in Part 11.
2 Outdoor storage shall be fully screened.
3 Similar uses permitted or conditionally
permitted as determined by the Director to
be of the same general character as the listed
uses.
4 Permitted within a building or fully screened
G. I-3 Use Table
Land Use Type
1, 3 Specific Use Permit
Regulations Required Land Use Type
1, 3 Specific Use P ermit
equired
Industry, Manufacturing and Processing Recreation, Education & Public Assembly Fuel Station, Private 6.03.160 ZUP Commercial Recreation Facility: 6.03.050 Manufacturing/Processing Commercial amusement facility CUP Light industrial P Public and Quasi-Public 6.02.090 CUP Medium industrial P Commercial
Heavy industrial 6.02.040 P Drive-In Business:

Self-storage facility P
Office: Professional,
Administrative P
Contractor storage yard/open Services: General
storage 2 6.03.100 P Dog Day Care CUP
Warehousing and Distribution
Facility,:

Warehousing and Distribution
Facility, E-Commerce/3PL
Lodging:

Hotel, motel 5 CUP P
CUP

EXHIBIT B
431
from public view by a solid wall or fence.
5 Use shall be shown as reasonably required
for the convenience or support of
occupants of uses in the surrounding I-
District.

Amend Livermore Development Code Part 11 Definitions as follows:

Warehousing and distribution facility– An establishment engaged in selling of their own products or merchandise to retailers, also known as business-to-business distribution, such as to contractors, industrial, commercial, institutional, farm, or professional business users; or to other wholesalers. Warehousing and distribution facilities may also be accessory to permitted manufacturing/processing uses. Does not include warehousing and distribution facilities – e-commerce/third party logistics, which is defined separately below.

Warehousing and distribution facility –E-Commerce/Third Party Logistics (3PL).

Manufacturing/processing - heavy industrial. Uses in this category are distinguished by a tendency to create noise, odors, vibration, glare or hazards that may be objectionable in other areas. They often include the manufacturing/processing and/or outdoor storage of substantial amounts of raw materials or bulky items. Examples include, but are not limited to, metal products fabrication, truck terminals, saw and planing mills, and the manufacture of major utility components, construction and farm equipment, and/or heavy building materials. Examples also include the manufacturing, processing, storage, or packaging for distribution, or wholesaling of chemicals, petroleum, heavy agricultural products such as pesticides or fertilizers or other similar hazardous materials.

Manufacturing/processing -– medium industrial. The manufacturing, assembling, processing, storage or packaging of products except: 1) uses manufacturing, processing, storage or packaging chemicals, petroleum, and heavy agricultural products or other hazardous materials, 2) vehicle-dismantling yards, scrap and waste yards.

Medium intensity manufacturing and processing includes:

1. The manufacturing of electric and electronic circuits and instruments and devices, such as, but not limited to, radio and television, phonographic equipment, calculators, computers, semi-conductors and transistors, and similar uses.

EXHIBIT B
432

EXHIBIT B

3. The manufacturing of pharmaceutical products.

Manufacturing/processing - light industrial. Any manufacturing, processing, and storage that does not include hazardous wastes or resulting large truck usage/ parking on the site. The use shall be accomplished entirely inside of the building except for incidental movement of products or materials into and out of the building to a delivery vehicle.

EXHIBIT B
433

CITY COUNCIL STAFF REPORT
ITEM NO. 6.2

DATE:

February 27, 2023
TO:

Honorable Mayor and City Council
FROM:

Paul Spence, Community Development Director
SUBJECT:

Hearing to waive the first reading and
Introduce an Ordinance
considering
amendments to Livermore Development Code Section 6.02.060. A Home Occupations, exempting home occupations that do not see clients at the home or have employees other than the household member from the requirement for a home occupation permit.

RECOMMENDED ACTION

City of Livermore Planning Commission and staff recommend the City Council take the following actions to approve the Development Code Amendment:

1 .

Adopt a resolution finding that the project is categorically exempt under California Environmental Quality Act Guidelines Sections 15301 (Existing Facilities) and 15061(b)(3) (common sense exemption);
2 .

Waive the first reading and introduce an ordinance approving Development Code Amendment (DCA) 22-001 to amend Livermore Development Code Section 6.02.060 Home Occupations.

SUMMARY
In general, a home occupation is when a resident is employed and works from their home either for themselves or for a company. The proposed Development Code amendment would exempt residents who work from home that do not see clients at the home or have outside employees (other than the person residing at the home) from the requirement to obtain a home occupation permit. It is common for persons that are independent consultants or provide services at their client’s home or business to utilize their homes as offices for their businesses. No clients or employees go to the homes and there are no, or few deliveries associated with the business. As such, a home occupation permit (HOP) is not necessary to regulate the home occupation. Other types of home occupations that have clients visit or have outside employees will still be required to obtain a home occupation permit to ensure they meet Development Code standards to not adversely affect neighborhoods.

DISCUSSION

434

BACKGROUND

Prior to 2021, home occupations were not permitted to have clients at the home (except for limited tutoring) and were also not allowed to have an employee at the home other than the person living there.

In the fall of 2021, the City Council approved Development Code amendments for home occupations to allow up to three on-site clients at a time and one outside employee and hours of operation of 9:00 a.m. to 7:00 p.m. daily. The approved Code amendments also included operational standards for home occupations including signs, storage of materials and equipment, nuisances, vehicles, and a list of prohibited uses. The intent of the Code amendments was to avoid activities that would negatively affect the residential character of the neighborhoods (e.g., noise, dust and odor), while allowing some flexibility to meet the needs of individuals and families in today's rapidly changing work environment (e.g., work from home). Finally, the approved amendments also required annual renewal of the home occupation permit.

PROPOSED AMENDMENTS

Since the approval of the ordinance amendments in 2021, staff has updated the application form and reviewed the overall process for approving home occupation permits. Staff has determined that there is a significant number of business licenses for home occupations that do not have clients come to the home nor have outside employees. These types of home occupations typically involve office-type uses or work performed off-site and do not have a discernable impact in the neighborhoods. In addition, almost no complaints are received about such home occupation businesses. As such, staff is recommending that a home occupation permit is not necessary to regulate this type of home occupation, which would still be subject to operational standards stated in the ordinance to ensure there are no adverse impacts to the neighborhood. Should the home occupation expand or change, a permit would be required. Attachment 3 shows the proposed Development Code redline changes.

Other types of home occupations that have clients visit or have outside employees will still be required to obtain a home occupation permit to ensure they meet Development Code standards and do not adversely impact neighborhoods.

The Planning Commission held a public hearing on the proposed code amendment at its October 18, 2022, meeting. There was no public testimony. The Planning Commission supported the proposed amendments and voted (4-0) to recommend approval to the City Council. Additional details and analysis regarding the Code amendments are in the Planning Commission staff report and resolution (Attachments 1 and 5).

In summary, Planning Commission and staff recommend amendments to the Livermore Development Code Section 6.02.060.A, Home Occupations, exempting home occupations that do not see clients at the home or have employees other than the household member from the requirement to obtain a home occupation permit. Exempt home occupations are still subject to other neighborhood compatibility standards in the Development Code. Cottage food operations are regulated separately from other home occupations and are not exempt from obtaining a home occupation permit.

ENVIRONMENTAL DETERMINATION

The project is categorically exempt under the California Environmental Quality Act (CEQA) Guidelines Section15301, Existing Facilities, and Guidelines Section 15061(b)(3), the common sense exemption, in 435
that CEQA applies only to projects which have the potential for causing a significant effect on the environment, Section 15061(b)(3). Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

The proposed amendments will not result in changes in land use that would significantly affect the environment.

FISCAL AND ADMINISTRATIVE IMPACTS

The proposed amendments would reduce the number of home occupations requiring permits to operate, thereby reducing the number of applications. However, since a significant number of such home occupations currently do not have home occupation permits, the potential reduction in revenue would be minimal considering the HOP fee is $99. The reduction in fees would be offset by the reduction in staff time to process the smaller number of applications.

ATTACHMENTS

1. Planning Commission Staff Report 10-18-22

2. Planning Commission 10-18-2022 - Draft Meeting Minutes

3. Proposed Amendments Redline Edits

4. Resolution

5. Exhibit A - Planning Commission Resolution 24-22

6. Ordinance

7. Exhibit A - Planning Commission Resolution 24-22

8. Exhibit B - Draft Development Code 6.02.060

Prepared by: Susan Frost
Special Projects Coordinator

Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
436
PLANNING COMMISSION STAFF REPORT ITEM NO. 5.2
DATE: October 18, 2022
TO: Chairperson and Members of the Planning Commission
FROM: Steve Stewart, Planning Manager
SUBJECT: Hearing to consider amendments to Livermore Development Code Section 6.02.060.A Home Occupations, exempting home occupations that do not see clients at the home or have employees other than the household member from the requirement for a home occupation permit. Exempt home occupations are subject to other Home Occupation standards in the Development Code. Cottage food operations are not exempt from obtaining a home occupation permit.

RECOMMENDED ACTION
City of Livermore staff recommends the Planning Commission adopt a resolution recommending the City Council find the project is exempt from the California Environmental Quality Act (CEQA), under Section 15301, minor alterations of existing facilities, and Section 15061(b)(3) the common sense exemption, and that the City Council approve Development Code Amendment (DCA) 22-001.

SUMMARY
In general, a home occupation is when a resident is employed and works from their home full time either for themselves or for a company. City of Livermore Staff (staff) is recommending a Development Code amendment to exempt home occupations from the required home occupation permit if they do not see clients at the home or have outside employees (other than the person living in the dwelling). It is common for persons that are independent consultants or provide services at their client’s home or business to utilize their homes as offices for their businesses. No clients or employees go to the homes and there are no, or few deliveries associated with the business. As such, Staff is recommending that a home occupation permit is not necessary to regulate this type of home occupation. Other types of home occupations that have clients visit or have outside employees will still be required to obtain a home occupation permit to ensure they meet Development Code standards to not adversely impact neighborhoods.

DISCUSSION
In general, a home occupation is when a resident is employed and works from their home full time either for themselves or for a company. Per the Livermore Development Code, a home occupation should be conducted entirely within a dwelling by the person living there, clearly incidental to the use of the dwelling ATTACHMENT 1
437
as a home and not change the residential character of the property. Furthermore, there should not be any noise, light, smoke, odor, vibration, electrical interference, storage of material or equipment, abnormal human activity, or vehicular traffic or other exterior impacts to the neighborhood.

In fall of 2021, the Planning Commission considered, and City Council approved Development Code amendments related to home occupations. At that time, home occupations were not permitted to have clients at the home (except for limited tutoring) and were also not allowed to have an employee at the home other than the person living there.

After considering staff recommendations and Planning Commission recommendations, the City Council at its November 22, 2021, meeting approved the Development Code amendments to allow up to three on-site clients at a time, to allow one employee for the home occupation, and hours of operation of 9:00 a.m. to 7:00 p.m. daily. The approved Code amendments also included operational standards for home occupations including signs, storage of materials and equipment, nuisances, vehicles, and a list of prohibited uses. The intent of the Code amendments was to avoid activities that would negatively affect the residential character of the neighborhoods (e.g., noise, dust and odor), while allowing some flexibility to meet the needs of individuals and families in today's rapidly changing work environment (e.g., work from home). Finally, the approved amendments also required annual renewal of the home occupation permit.

PROPOSED AMENDMENTS

Since the approval of the ordinance amendments last year, staff has updated the application form and reviewed the overall process for approving home occupation permits. As a result, it has been determined that there is a significant number of business licenses for home occupations that do not have clients come to the home nor have employees or work off-site. These types of home occupations typically involve office-type uses or work performed off-site and do not have a discernable impact in the neighborhoods. In addition, almost no complaints are received about such home occupation businesses. As such, staff is recommending that a home occupation permit is not necessary to regulate this type of home occupation, which would still be subject to operational standards stated in the ordinance to ensure there are no adverse impacts to the neighborhood. Should the home occupation expand or change, a permit would be required.

In summary, staff recommends amendments to the Livermore Development Code Section 6.02.060.A, Home Occupations, exempting home occupations that do not see clients at the home or have employees other than the household member from the requirement to obtain a home occupation permit. Exempt home occupations are still subject to other neighborhood compatibility standards in the Development Code. Cottage food operations are regulated separately from other home occupations and are not exempt from obtaining a home occupation permit.

ENVIRONMENTAL DETERMINATION

The project is categorically exempt under Section 15301 of the California Environmental Quality Act, Existing Facilities and exempt under the common sense exemption in that CEQA applies only to projects ATTACHMENT 1
438
which have the potential for causing a significant effect on the environment, Section 15061(b)(3). Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The proposed amendments will not result in changes in land use that would significantly affect the environment.

RECOMMENDATION

Staff recommends the Planning Commission adopt the attached resolution recommending the City Council:

1. Find that the project is categorically exempt under the California Environmental Quality Act under Section 15301, Existing Facilities; and Section 15061(b)(3) (common sense exemption) in that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

2. Approve Development Code Amendment (DCA) 22-001 to amend Livermore Development Code Section 6.02.060 Home Occupations.

ATTACHMENTS

1. Resolution

2. Exhibit A - Proposed Home Occupation Ordinance Revisions

Prepared by: Susan Frost
Special Projects Coordinator
ATTACHMENT 1
439
PLANNING COMMISSION MINUTES 1 October 18, 2022
DRAFT
P

LANNING COMMISSION

REGULAR MEETING MINUTES
O
ctober 18, 2022

1. CAL
L TO ORDER – The meeting of the Planning Commission was called to order by Chairperson Steven Dunbar at 7:00 p.m., via Zoom teleconferencing.

2. RO
LL CALL – Present were Chairperson Steven Dunbar, CM Jacob Anderson, CM Evan Branning, and CM John Stein. Absent was Vice Chairperson Daniel Leary.

2. CI
TIZENS FORUM – None.

3. CO
NSENT CALENDAR – None.

4. PR
OJECT REVIEW – None.

5. P

UBLIC HEARINGS

5.1 Hearing to consider Development Code (Code) Amendment (DCA) 22- 002 for amendments relating to warehousing and distribution facilities.

R ecommendation:

S
pecial Projects Coordinator Susan Frost gave the staff report and overview of the item.

C
hairperson Dunbar opened the public hearing and comment period, and there were no speakers. He then closed the public hearing.

C
M Anderson questioned vehicle miles and how the City is differentiating and taking VMT into account for this designation.

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PLANNING COMMISSION MINUTES 2 October 18, 2022
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CM Anderson thinks this is important given this is coming to the City quickly and will see more of these facilities throughout the region.

CM Stein referred to an article in the paper regarding similar facilities in the Inland Empire.

CM Branning voiced his support of the request.

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PLANNING COMMISSION MINUTES 3 October 18, 2022
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He knows Hayward has been going through a similar process and this is one to find in their Legi -Star. The point about vehicle miles was made, and he can also make all findings.

Regarding the VMT piece, this would be reviewed on a project -by-project and case-by- case basis at this point. In the General Plan Update, the City will be adding VMT policy as well.

MOTION BY ANDERSON, SECONDED BY STEIN , TO ADOPT A RESOLUTION

RECOMMENDING THE CITY COUNCIL FIND THE PROJECT IS EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER SECTION 15061(B)(3), IN THAT CEQA APPLIES ONLY TO PROJECTS WHICH HAVE THE

POTENTIAL FOR CAUSING A SIGNIFICANT EFFECT ON THE ENVIRONMENT, AND

THAT THE CITY COUNCIL APPROVE DEVELOPMENT CODE AMENDMENT (DCA) 22-002.

AYES: ANDERSON, BRANNING, DUNBAR, STEIN.

NOES: NONE.

ABSENT: LEARY.

5.2 Hearing to consider amendments to Livermore Development Code Section

Recommendation:

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