Agenda, special meeting, second session — Livermore City Council, July 17, 2023

Livermore City Council Agenda July 17, 2023

CITY COUNCIL
AGENDA
MONDAY, JULY 17, 2023
SPECIAL HYBRID MEETING – 5:00 PM

MEETING PARTICIPATION INFORMATION CAN BE FOUND AT THE END OF THE AGENDA
IN PERSON INFORMATION:

CIVIC CENTER MEETING HALL
WILLIAM H. MENDENHALL COMMUNITY ROOM
1016 S. LIVERMORE AVENUE
TELECONFERENCE INFORMATION:

ZOOM WEBINAR:
***ATTENTION: Zoom update requirements found at the bottom of the agenda*** https://us02web.zoom.us/j/83905387602
Zoom dial in phone number:
1 669 900 6833
Meeting ID: 839 0538 7602
CITY OF LIVERMORE YOUTUBE CHANNEL:
https://www.youtube.com/c/CityofLivermoreCalifornia

CITY COUNCIL PLANNING COMMISSION
John P Marchand, Mayor Daniel Leary, Chair
Brittni Kiick, Vice Mayor Jacob M Anderson, Vice Chair Ben Barrientos, Council Member Steven Dunbar, Commissioner Evan Branning, Council Member Yolanda Fintschenko, Commissioner Robert W Carling, Council Member Tracy Kronzak, Commissioner 1 Livermore City Council Agenda July 17, 2023

2. ROLL CALL
City Council
Council Member Ben Barrientos
Council Member Evan Branning
Council Member Robert W. Carling
Vice Mayor Brittni Kiick
Mayor John Marchand
Planning Commission
Commissioner Steven Dunbar
Commissioner Yolanda Fintschenko
Commissioner Tracy Kronzak
Vice Chair Jacob M Anderson
Chair Daniel Leary

3. SPECIAL MEETING ITEM

AN OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL REGARDING THE SPECIAL MEETING ITEM WILL BE PROVIDED BY THE MAYOR.

3.1 Review local land use authority and Citywide Strategic Plan; discuss the respective roles and responsibilities of the City Council and Planning Commissi on.

4. ADJOURNMENT
To a Regular Planning Commission Meeting on Tuesday, August 1, 2023 at 7:00 pm, in the Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue and virtually using Zoom.
5 . SUPPLEMENTAL MATERIALS

5.1 Supplemental materials received prior to the meeting.

Staff Report
Attachments:

1. Suppl
emental Materials
1 . CALL TO ORDER

6. HOW TO PARTICIPATE IN YOUR CITY COUNCIL MEETING
You can participate in the meeting in a number of ways:

Comments are limited to one comment per person per item regardless of format or time submitted (this includes email and e-comment submissions prior to the meeting as well as live comments during the meeting).

Special Meetings, Workshops - The public will have the opportunity to address the City Council regarding the item that is the subject of the special meeting or workshop. Public comments are limited to a maximum of 3 minutes per person. 2 Livermore City Council Agenda July 17, 2023
Email Comments may be submitted by the public to the City Clerk’s Office ([email protected]). Items received no later than 12:00 pm on the day of the meeting will be provided to the City Council and available on the City website prior to the meeting. These items will NOT be read into the record.
eComments may be submitted by the public using the eComment link here. Comments may be up to 1000 characters in length and will be accepted up until 4:00 pm the day of the meeting. These items will NOT be read into the record and are viewable by the City Council and the public upon submittal.

Submission of Comments During the Meeting:

Speakers are limited to a maximum of 3 minutes per person. To submit a comment in person, you must complete a speaker card for each item. Speaker cards are available in the Civic Center Meeting Hall lobby. Indicate on the card the item number you wish to comment on and submit the card directly to the City Clerk prior to the start of the item. To submit a comment using Zoom, you may use the 'raise hand' feature. Please note that the City Council is prohibited by State law from taking action on any items that are not listed on the agenda.

However, if your item requires action, the City Council may place it on a future agenda or direct staff to work with you and/or report to the City Council on the issue.

Zoom Webinar: https://us02web.zoom.us/j/83905387602
Zoom dial in phone number: 1 669 900 6833
Meeting ID: 839 0538 7602
If you would like to deliver written materials to the City Council as part of your public comments, and are commenting in person, please provide 10 copies to the City Clerk with your speaker card. If you are commenting using Zoom, the speaker must identify that intent in his or her comment and immediately email the materials to the City Clerk at [email protected].

The City Council Agenda and Agenda Reports are prepared by City staff and are available for public review on Tuesday evening, six days prior to the City Council meeting in the Civic Platforms to Participate in Meetings:

Submission of Comments Prior to the Meeting:

Center Library, 1188 South Livermore Avenue, Livermore, and at the City Clerk’s Office, 1052 South Livermore Avenue, Livermore. The Agenda is also available on the City’s website, http://LivermoreCA.gov/agenda.

Under Government Code §54957.5, any supplemental material distributed to the members of the City Council after the posting of this agenda will be available for public review in the City Clerk’s Office, 1052 South Livermore Avenue, Livermore, and included in the agenda packet available on the City’s web site at http://LivermoreCA.gov/agenda.

PURSUANT TO TITLE II OF THE AMERICANS WITH DISABILITIES ACT (CODIFIED AT 42 UNITED STATES CODE SECTION 12101 AND 28 CODE OF FEDERAL REGULATIONS 3 Livermore City Council Agenda July 17, 2023
THE PROVISION OF ANY SERVICES, PROGRAMS, OR ACTIVITIES. TO ARRANGE AN

ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PUBLIC MEETING, PLEASE CONTACT THE ADA COORDINATOR AT [email protected] OR CALL (925) 960-4170 (VOICE) OR (925) 960- 4104 (TDD) AT LEAST THREE (3) BUSINESS DAYS IN ADVANCE OF THE MEETING.

PART 35), AND SECTION 504 OF THE REHABILITATION ACT OF 1973, THE CITY OF

LIVERMORE DOES NOT DISCRIMINATE ON THE BASIS OF RACE, COLOR, RELIGION,

NATIONAL ORIGIN, ANCESTRY, SEX, DISABILITY, AGE OR SEXUAL ORIENTATION IN 4 CITY COUNCIL STAFF REPORT
ITEM NO. 5.1

DATE:

July 17, 2023
TO:

Honorable Mayor and City Council
FROM:

Marianna Marysheva, City Manager
SUBJECT:

Supplemental materials received prior to the meeting.

RECOMMENDED ACTION

SUMMARY
These materials were posted online and made available to the public at the same time that they were distributed to the City Council and the Planning Commission.

3.1 Review local land use authority and Citywide Strategic Plan; discuss the respective roles and responsibilities of the City Council and Planning Commission.

Material: PowerPoint Presentation

DISCUSSION

ATTACHMENTS

1. Supplemental Materials

Prepared by: Debbie Elam
Acting Assistant City Clerk

5 Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
6 1
City Council &
Planning Commission Workshop
Land Use Authority & Regulation
July 17, 2023
1 Overview

1. Municipal Authority

2. Land Use Authority

3. Land Use Regulation in Livermore

4. Respective Roles and Responsibilities

5. California Environment al Quality Act (CEQA)

6. Five-Year Strategic Plan
2 1
2 Item 3.1
PowerPoint Presentation
7 2
Municipal Authority
3 Police Power – Governmental Power
• Legislative
• Quasi-judicial
• Administrative
Proprietary – Private
• Power to act in the same efficient manner as a private person
Municipal Authority
Types of Power
4 3
4 Item 3.1
PowerPoint Presentation
8 3
Protecting the Public Health, Safety, & Welfare
• A …city may make and enforce within its limits all
local, police, sanitary, and other ordinances and
regulations not in conflict with general laws. (Cal.

Const. art. XI, §7.)
Municipal Authority
Police Power
5 • Sovereign power to govern is deriv ed by the California Constitution • California Legislature provides additional powers
• Local authority to act when not in conflict with general laws Municipal Authority
Police Power
6 5
6 Item 3.1
PowerPoint Presentation
9 4
Constitutional Limitations
• First Amendment (Expression)
• Fifth Amendment (Takings)
• Fourteenth Amendment (Due Process)
Competing Authority
• Supremacy Clause
• Pre-emption, conflict with State General Law
Precedent (Equal Protection)
Municipal Authority
Limits on Police Power
7 Land Use Authority
8 7
8 Item 3.1
PowerPoint Presentation
10 5
In California, the basis for all land use regulations is the police power. (Cal. Const. art XI, section 7.)
Police power is the legal basis for the City’s land use regulation to protect public health, safety, and
welfare of its residents.
(Berman v. Parker (1954) 348 U.S. 26, 32-33; Associated Home Builders, Inc. v City of Livermore (1976) 18 Cal.3d 582, 600-601) Land Use Authority
9 State Law
• Planning and Zoning Law (Gov ’t Code 65000 et seq.) is the framework for local land use regulation.
• Subdivision Map Act (Gov ’t Code 66410 et seq.)
• Permit Streamlining Act (Gov’t Code 65920)
• Housing
Land Use Authority
10 9
10 Item 3.1
PowerPoint Presentation
11 6
State Laws and Regional Programs
RHNA
Housing
Element Recent
Housing
Legislation
Housing
Element
Land Use
Element
Local Housing
11 Regional Housing Needs Assessment (RHNA)
State
• Housing and Community Development (HCD)
Region
• Association of Bay Area Governments (ABAG) – 441,176 units • Regional Housing Needs Determination (RHND)
City
• Every town, city, and county must plan to accommodate its fair share of
the regional housing need.
12 11
12 Item 3.1
PowerPoint Presentation
12 7
Regional Housing Needs Assessment (RHNA)
Livermore: 6th Cycle RHNA – 4,570 units (5th Cycle RHNA – 2,729 units)13 • Plan 4570 housing units (at a variety of af fordability levels)
•
Starting with sites from the 5th cycle Housing Element
• Focus on vacant and underutilized sites
• Isabel Neighborhood Specific Plan
• Projected Accessory Dwelling Units (ADUs)
Strategies for Meeting the 6th Cycle RHNA
14 13
14 Item 3.1
PowerPoint Presentation
13 8
Housing Element
The Housing Element Responds to RHNA
and Includes:
• Sites (land) where Housing can be built
• Policies to guide the development of
housing
•
Programs that help facilitate the
development of housing and provide
serv
ices
15 Housing Element – Sites Map
16 15
16 Item 3.1
PowerPoint Presentation
14 9
Recent Housing Legislation
ADUs SB 9
SB 6/AB2011 SB 35/SB 330
17 Isabel Neighborhood Specific Plan
18 17
18 Item 3.1
PowerPoint Presentation
15 10
Other Market-Rate Projects
First Street - Auburn Grove Lassen Road – Townhomes
19 Land Use Regulation
in Livermore
20 19
20 Item 3.1
PowerPoint Presentation
16 11
Local Land Use Regulation Hierarchy
• General Plan
• Neighborhood Plan
• Livermore Development Code (Zoning)
• Development Agreements
• Specific Plan
• Climate Action Plan, Active Transportation Plan
• Design Standards & Guidelines
Land Use Authority
21 • The General Plan land use policies
outline how the City
will grow and
conserve its resources
•
Consistency Doctrine: Zoning and
subdivision approvals must be
consistent
with the General Plan
Land Use Regulation
22 21
22 Item 3.1
PowerPoint Presentation
17 12
General Plan Elements
Required:
• Land Use
• Circulation
• Housing
• Open Space
and
Conservation
•N
o i s e
• Public Safety
•
Environmental Justice (for
cities that have
disadvantaged communities
Custom for Livermore:
• Community Character
• Infrastructure and
Public
Servic
es
• Economic Development
• Climate Change
Last full update: 2004
(last amended in 2021)
23 24
23 24
Item 3.1
PowerPoint Presentation
18 13
Objective LU-1.1 Locate new development so as to
create a consolidated pattern of urbanization,
maximizing the use of existing public services and
facilities.

Land Use Regulation
Goal LU-1 Protect the unique qualities of Livermore, which include a historic Downtown, a variety of residential
neighborhoods, vineyards, ranches, natural habitats
and open space.

Policy P1. Residential development shall be
limited to those areas within the UGB.

Action A1. Maintain a file in the Community
Development Department of vacant
residential acreage which provides an
inventory of land suitable for single-family
and multi-family residential development, in
accordance with Housing Element goals,
programs, and objectives.
25 Land Use Regulation
Land Use Map
26 25
26 Item 3.1
PowerPoint Presentation
19 14
Important General Plan Land Use Policies:
• South Livermore Urban Growth Boundary Initiative
• North Livermore Urban Growth Boundary Initiative
• Scenic Corridor Policies
Land Use Regulation
27 South Livermore Urban
Growth Boundary
North Livermore Urban
Growth Boundary
28 27
28 Item 3.1
PowerPoint Presentation
20 15
Land Use Regulation
29 Completed tasks:
• Visioning
• Research and Analysis
• Housing Element Update
Current tasks:
• Land Use Alternatives
• Policy Development
• Draft General Plan
Upcoming tasks:
• General Plan EIR
General Plan Update
30 29
30 Item 3.1
PowerPoint Presentation
21 16
General Plan Update
We are here.
31 Downtown
Specific
Plan
South Livermore
Valley Specific Plan
El Charro
Specific Plan Brisa
NP
Arroyo
Vista
NP
Land Use Regulation
Isabel
Neighborhood
Specific Plan
32 31
32 Item 3.1
PowerPoint Presentation
22 17
Land Use Regulation
Downtown Specific Plan
El Charro Specific Plan
South Livermore Valley Specific Plan
Isabel Neighborhood Specific Plan
33 The primary purpose of the Livermore Development
Code is to implement the General Plan and
includes more detailed development regulations.

Development Code
34 33
34 Item 3.1
PowerPoint Presentation
23 18
Zoning Map
Land Use Regulation
35 Development Code Land Use Table
Land Use Regulation
36 35
36 Item 3.1
PowerPoint Presentation
24 19
• Floor Area Ratio and Lot Coverage
•
Setbacks from Property Line
• B uilding Height
•
Lot Size Minimums and Maximums
• Number of Parking Spaces
• Open Space
Development Code Standards
Land Use Regulation
37 Review Authority:
• Established within the Development Code
• Staff
• Planning Commission
• City Council
• Council always has final decision-maki ng authority either directly or by appeal
Land Use Regulation
38 37
38 Item 3.1
PowerPoint Presentation
25 20
• Planning Commission and staff review site layout, building architecture and
landscaping
• Determine consistency with Adopted Design Standards and Guidelines
• Promote aesthetic and functi onal quality of the community • Implement General Plan and Devel opment Code policies to maintain high design standards
Land Use Regulation
Design Review
39 • Respect Livermore Context
• Contribute to Neighborhood Identity
• Encourage High Quality Building Forms
• Strengthen Pedestrian Realm
• Create a Variety of Public Spaces
• Minimize Large Parking Fields
Land Use Regulation
Design Standards
40 39
40 Item 3.1
PowerPoint Presentation
26 21
Respective Roles and Responsibilities
41 Roles and Responsibilities
City Council:
• Legislative: Establishing policy and making law
• Quasi Judicial: Applying law and policy
Planning Commission:
• Legislative: Recommending po licy and law to the Council • Quasi Judicial: Applying law and po licy (final authority or making recommendations for Council consideration)
42 41
42 Item 3.1
PowerPoint Presentation
27 22
Roles and Responsibilities:

Livermore Case Studies
Sunset Office Park – General Plan Amendment, Rezoning, Site Plan Design Review
Legislative: Establishing policy and making law
• General Plan Amendment to Change Land Use
• Zoning Map Amendment to Change Land Use
• Site Plan Design Review to determine consistency
with design standards and guidelines
43 Sunset Senior
Housing & Memory
Care
The Well at Sunset
44 43
44 Item 3.1
PowerPoint Presentation
28 23
Roles and Responsibilities:

Livermore Case Studies
Lassen Road Townhomes – General Plan Amendment, Rezoning, Development Agreement, Subdivision, Site Plan Design Review Legislative: Establishing policy and making law
• 185 townhomes
• 23 acres of open space
• 12 acres of homes
Community benefits
• Arroyo Las Positas Trail
• Springtown Sewer Trunkline Replacement
45 Roles and Responsibilities:

Livermore Case Studies
Triad East by DeNova Homes – Subdivision and Site Plan Design Review • 172 Units (34 affordable)
• 24 accessible units
• Quarter acre park
Quasi Judicial: Applying law and policy
• General Plan Permitted Use
• Specific Plan Permitted Use
• Design Review to determine consistency
with Subdivision Map Act, INSP Design
Standards &
Guidelines
46 45
46 Item 3.1
PowerPoint Presentation
29 24
City Council/Planning Commission Rules of Procedure
• Advisory Boards directed to follow
• Rosenberg’s Rules of Order (modified)
Communication as a Body
• Minutes
• Individual communications re: projects discouraged
Rules of Procedure/Communication
47 Adopt Regulations (Legislative act & community input) Apply Regulations – objective implementation once a
project application deemed complete
• Approval – Identify fact- based reasons supported by
evidence
• Denial – Identify facts not sufficiently shown
Exercise of Authority
48 47
48 Item 3.1
PowerPoint Presentation
30 25
Nexus
Test – If imposing exactions (conditions and fees) on project, City must:

1. Demonstrate a connection between the regulatory purpose and the condition imposed; and

2. Conditions must be roughly proportional to the projected impact of the project.

Key Cases
Nollan v California Coastal Commission (1987): permit conditions that fail to substantially advance the agency’s authorized purposes require compensation.

Origin of the “Nexus” requirement.

Dolan v. City of Tigard (1994): conditions of a permit must be “roughly proportional” to the impacts of the proposed project.
49 Findings
“Legal footprints” left by decision-makers illustrating the decision- making process. Findings are required to support decision to approve or deny a project and must include information justifying imposition of fees or other exactions.

Purposes:
•Provides framework for principled decision making, enhances integrity of the administrative process;
•Helps make for orderly analysis;
•Shows decision making is careful, well-reasoned, and equitable; •Enables parties to determine whether and on what basis they should seek judicial review and remedy; and
•Apprises court of the basis for the agency's action.
50 49
50 Item 3.1
PowerPoint Presentation
31 26
Administrative Record
Purpose: Written record supporting City’s decisions. The record should demonstrate that the City’s decision was reasonable.

What is included?: All documents and materials that were part of the official decision-making process, including written documents, testimony, emails, technical studies, documents incorporated by reference, and any other evidence available that could have influenced the final decision whether or not it was directly
considered.

Excluded: Attorney-client privileged
documents; draft environmental documents.
51 California Environmental
Quality Act
(CEQA)
52 51
52 Item 3.1
PowerPoint Presentation
32 27
Objectives of CEQA
• Disclose – Disclose the reasons for agency approval of projects with
significant environmental effects and avoid or
reduce
those environmental effects if feasible to do so
• Foster – Foster interagency coordination in review of projects
• Enhance – Enhance public participation in the planning process
CEQA Guidelines Sec. 15002
53 CEQA's Environmental Mandate
"Each public agency shall mitigate or
avoid the significant effects on the
environment of projects that it carries out
or approves whenever it is feasible to do
so."
Public Resources Code Section 21002.1(b)
54 53
54 Item 3.1
PowerPoint Presentation
33 28
Overview of CEQA Process
Step One: Is it a Project?
Step Two: Is the Project Exempt?
Step Three: Will the Project Result in Significant Environmental Impacts?
Step Four:
• If No Significant Impacts - Negative Declaration
or Mitigated
Negative Declaration
•
If Significant Impacts - Environmental Impact Report
55 Post EIR Documents
• Subsequent EIR or Supplemental EIR
Lead agency may not require a subsequent or supplemental EIR unless:

1. Substantial changes in project

2. Substantial changes in circumstances

3. New information
• Addendum to EIR
56 55
56 Item 3.1
PowerPoint Presentation
34 29
Categories of Environmental Review
• Aesthetics
• Agriculture & Forestry Resources
• Air Quality
• B
iological Resources
•
Cultural Resources / Historical
Impac
ts
• Geology / Soils
• Greenhouse Gas Emissions
• Hazards & Hazardous Materials
• Hydrology / Water Quality
• Land Use / Planning
• Mineral Resource
s
•N
o i s e
• Population / Housing
•
Public Services
•
Recreation
• Transportation / Traf fic
•
Utilities / Service Systems
•
Mandatory Findings of
Significance
57 58
57 58
Item 3.1
PowerPoint Presentation
35 30
Facilitate new residential development consistent with the City’s General Plan GOAL 9

DEVELOPMENT, PERMITTING, AND HOUSING

AND HUMAN SERVICES

DEPARTMENTTIMELINEOBJECTIVE
Community
DevelopmentOngoing
1: Ensure that new residential development is consistent with the City’s Development Code and General Plan requirements
Community
DevelopmentOngoing
2: Facilitate the entitlement of high-quality residential development that supports the community’s need for a range of diverse housing types

A SAFE COMMUNITY THAT THRIVES
59 A SAFE COMMUNITY THAT THRIVES
Update development standards, codes, and ordinances

NEIGHBORHOOD PRESERVATION, RISK MANAGEMENT

AND REGULATION

DEPARTMENTTIMELINEOBJECTIVE
Community DevelopmentYear 21: Update development standards and ensure consistency between related codes and ordinances
Community DevelopmentOngoing2: Update the City’s standards to respond to changes in state law
Community DevelopmentYear 23: Update the City’s standards related to fences and walls Community DevelopmentYear 24: Update the City’s Noise Ordinance Community DevelopmentYear 25: Complete updates to local code sections to improve the efficiency and effectiveness of local operations
GOAL 14
60 59
60 Item 3.1
PowerPoint Presentation
36 31
Implement the Isabel Neighborhood Specific Plan

NEIGHBORHOOD PRESERVATION, RISK MANAGEMENT

AND REGULATION

ECONOMY THAT PROSPERS

MAJOR DEVELOPMENT

DEPARTMENTTIMELINEOBJECTIVE
Innovation & Economic
Development,
Community
DevelopmentOngoing
1: Work with property owners and developers to facilitate development of high-quality commercial, office and residential uses consistent with the Specific Plan
Community
DevelopmentOngoing
2: Ensure developers comply with the Specific Plan requirements to build high-quality affordable housing
Community
DevelopmentOngoing
3: Monitor implementation of the Specific Plan and prepare any necessary Specific Plan amendments for Council consideration 61 Facilitate the development of commercial and industrial projects that provide high-quality local jobs and support a diverse local economy GOAL 5

ECONOMY THAT PROSPERS

MAJOR DEVELOPMENT

SENSE OF PLACE

DEPARTMENTTIMELINEOBJECTIVE
Innovation & Economic
Development, Community
Development
Ongoing
1: Facilitate a vibrant Downtown environment that supports businesses, residents and visitors and includes a mix of dining, shopping, and entertainment for everyone to enjoy
Community DevelopmentYears 1 & 2
2: Work with developers of Downtown projects (SPARC,
Blacksmith Square Expansion, Hotel, etc.) to facilitate the construction of approved projects
Community DevelopmentYear 2
3: Complete the L Street Garage to increase parking availability in the Downtown area
Community DevelopmentYears 1 & 2
4: Work to design and implement improvements to the Flagpole Plaza at the southwest corner of First Street and Livermore Avenue

INCLUSIVE & INVITING SPACES & PLACES
Continue to implement the Downtown Specific Plan
GOAL 3
63 SENSE OF PLACE

DEPARTMENTTIMELINEOBJECTIVE
Community
Development
Years 1 & 21: Update the Land Use map with consultant and General Plan Advisory Committee
Community
DevelopmentYear 12: Complete an Environmental Impact Report Community
DevelopmentYear 2
3: Work with consultant and General Plan Advisory Committee to prepare the General Plan Update document
Community
DevelopmentYear 2
4: Present the General Plan Update document to City Council for adoption

INCLUSIVE & INVITING SPACES & PLACES
Continue to complete the General Plan Update
GOAL 4
64 63
64 Item 3.1
PowerPoint Presentation
38 33
Discussion & Questions
65 65
Item 3.1
PowerPoint Presentation
39

Livermore City CouncilJuly 17, 2023

Livermore City Council
July 17, 2023