QUESTIONNAIRE FOR DETERMINING THE WITHHOLDING STATUS
INSTRUCTIONS: This questionnaire is to be completed by the County department for services contracts and must be included as part of the contract package. Be sure to answer all of the questions in Sections I and II and to complete the certifications on page 2. Sections III and IV contain supplemental questions to be answered for contractors in certain service categories.
CONTRACTOR NAME: City of Livermore DEPT #: 250301
TITLE/SERVICE: Youth Service Center
DEPT. CONTACT: Bede Anunne PHONE: 510-268-7065
I. IN
FORMATION ABOUT THE CONTRACTOR YES NO
1. Is the contractor a corporation or partnership?
2. Does the contractor have the right per the contract to hire others to do the work agreed to in the contract?
3. If the answer to BOTH questions is YES, provide the employer ID number here: _____
No other questions need to be answered. Withholding is not required.
4. If the answer to question 1 is NO and 2 is YES, provide the individual social security number here: 94-6000359 (City)
No other questions need to be answered. Withholding is not required.
5. If t
he answer to question 2 is NO, continue to Section II.
II. RELA
TIONSHIP OF THE PARTIES YES NO
1. Does the County have the right to control the way in which the work will be done, i.e., will the County be able to specify the sequence of steps or the processes to be followed if it chooses to do so?
2. Is the contractor restricted from performing similar services for other businesses while he is working for the County?
3. Will the contractor be working for more than 50% of the time for the County (50% = 20 hrs/wk; 80 hrs/mo)?
4. Is the relationship between the County and the contractor intended to be ongoing?
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III. FOR CONSULTANTS, PROJECT MANAGERS, PROJECT COORDINATORS YES NO
1. Is the contractor being hired for a period of time rather than for a specific project?
2. Will payment be based on a wage or salary (as opposed to a commission or lump sum)?
IV. FOR PHYSICIANS, PSYCHIATRISTS, DENTISTS, PSYCHOLOGISTS YES NO
1. Will the agreement be with an individual who does not have an outside practice?
2. Will the contractor work more than an average of ten hours per week? IF THE ANSWER TO QUESTION 2 IS YES, ANSWER QUESTION 3.
3. Will the County provide more than 20% of the contractor’s income?
4. If the answer to either question 2, or if required, question 3 is NO, the entire answer is NO.
A “YES” answer to any of the questions in Section II, or, if applicable, Sections III or IV constitutes justification for paying the contractor through the payroll system as an “employee for withholding purposes.” All contracts that require withholding must be emailed to the Auditor-Controller Board Approved Contracts Unit ([email protected]
), for processing and payment through the
payroll System
CERTIFICATIONS:
I hereby certify that the answers to the above questions accurately reflect the anticipated working relationship for this contract.
Contractor Signature Agency/Department Head/Designee Signature
Jeramy Young
Detra Dillon
Printed Name Printed Name
Date Date
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COUNTY OF ALAMEDA
STANDARD SERVICES AGREEMENT
This Agreement, dated as of _________________________, is by and between the County of Alameda, hereinafter referred to as the “County”, and City of Livermore, hereinafter referred to as the “Contractor”.
WITNESSETH
Whereas, County desires to obtain youth service center services which are more fully described in Exhibit A hereto (“Definition of Services”); and
Whereas, Contractor is professionally qualified to provide such services and is willing to provide same to County; and
Now, therefore it is agreed that County does hereby retain Contractor to provide Youth Service Center Services, and Contractor accepts such engagement, on the General Terms and Conditions hereinafter specified in this Agreement, and the following described exhibits, all of which are incorporated into this Agreement by this reference:
Exhibit A Definition of Services
Exhibit A-1 Specific Requirements, Deliverables/Reports, and Performance Measures Exhibit B Payment Terms
Exhibit C Insurance Requirements
Exhibit D Debarment and Suspension Certification
Exhibit E Contracting Compliance Reporting Requirements Exhibit F The Iran Contracting Act (ICA) of 2010
Attachment A Description of Proposed Services and Implementation Plan and Schedule
The term of this Agreement shall be from July 1, 2024, through June 30, 2026.
The compensation payable to Contractor hereunder shall not exceed One Million Five Hundred Two Thousand dollars ($1,502,000) for the term of this Agreement. The County neither warrants nor guarantees any minimum compensation to the Contractor under this Agreement. Payment to Contractor shall be based on actual services performed on behalf of the County.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written.
COUNTY OF ALAMEDA CITY OF LIVERMORE
By:
Signature
By:
Signature
Name: Detra Dillon
(Printed)
Name: Marianna Marysheva
(Printed)
Title: Procurement Administrator
Title: City Manager
Date:
Date:
By signing above, the signatory warrants
and represents that he/she executed this
Agreement in his/her authorized capacity
and that by his/her signature on this
Agreement, he/she or the entity upon
behalf of which he/she acted, executed
this Agreement.
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GENERAL TERMS AND CONDITIONS
1. INDEPENDENT CONTRACTOR: No relationship of employer and employee is created by this Agreement; it being understood and agreed that Contractor is an independent contractor.
Contractor is not the agent or employee of the County in any capacity whatsoever, and County shall not be liable for any acts or omissions by Contractor nor for any obligations or liabilities incurred by Contractor.
Contractor shall have no claim under this Agreement or otherwise, for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance medical care, hospital care, retirement benefits, social security, disability, Workers’ Compensation, or unemployment insurance benefits, civil service protection, or employee benefits of any kind.
Contractor shall be solely liable for and obligated to pay directly all applicable payroll taxes (including federal and state income taxes) or contributions for unemployment insurance or old age pensions or annuities which are imposed by any governmental entity in connection with the labor used or which are measured by wages, salaries or other remuneration paid to its officers, agents or employees and agrees to indemnify and hold County harmless from any and all liability which County may incur because of Contractor’s failure to pay such amounts.
In carrying out the work contemplated herein, Contractor shall comply with all applicable federal and state workers’ compensation and liability laws and regulations with respect to the officers, agents and/or employees conducting and participating in the work; and agrees that such officers, agents, and/or employees will be considered as independent contractors and shall not be treated or considered in any way as officers, agents and/or employees of County.
Contractor does, by this Agreement, agree to perform his/her said work and functions at all times in strict accordance with currently approved methods and practices in his/her field and that the sole interest of County is to insure that said service shall be performed and rendered in a competent, efficient, timely and satisfactory manner and in accordance with the standards required by the County agency concerned.
Notwithstanding the foregoing, if the County determines that pursuant to state and federal law Contractor is an employee for purposes of income tax withholding, County may upon two weeks’ notice to Contractor, withhold from payments to Contractor hereunder federal and state income taxes and pay said sums to the federal and state governments.
2. INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify the County of Alameda, its Board of Supervisors, employees and agents from and against any and all claims, losses, damages, liabilities and expenses, including but not limited to attorneys’ fees, arising out of or resulting from the performance of services under this Agreement, provided that any such claim, loss, damage, liability or expense is attributable to bodily injury, sickness, disease, death or to injury to or destruction of property, including the loss therefrom, or to any violation of federal, state or municipal law or regulation, which arises out of or is any way connected with the performance of this agreement (collectively
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“Liabilities”) except where such Liabilities are caused solely by the negligence or willful misconduct of any indemnitee. The County may participate in the defense of any such claim without relieving Contractor of any obligation hereunder. The obligations of this indemnity shall be for the full amount of all damage to County, including defense costs, and shall not be limited by any insurance limits.
In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction or the Alameda County Employees’ Retirement Association (ACERA) or California Public Employees’ Retirement System (PERS) to be eligible for enrollment in ACERA and PERS as an employee of County, Contractor shall indemnify, defend, and hold harmless County for the payment of any employee and/or employer contributions for ACERA and PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of County.
3. INSURANCE AND BOND: Contractor shall at all times during the term of the Agreement with the County maintain in force, at minimum, those insurance policies and bonds as designated in the attached Exhibit C, and will comply with all those requirements as stated therein. The County and all parties as set forth on Exhibit C shall be considered an additional insured or loss payee if applicable. All of Contractor’s available insurance coverage and proceeds in excess of the specified minimum limits shall be available to satisfy any and all claims of the County, including defense costs and damages. Any insurance limitations are independent of and shall not limit the indemnification terms of this Agreement. Contractor’s insurance policies, including excess and umbrella insurance policies, shall include an endorsement and be primary and non-contributory and will not seek contribution from any other insurance (or self- insurance) available to County. Contractor’s excess and umbrella insurance shall also apply on a primary and non-contributory basis for the benefit of the County before County’s own insurance policy or self-insurance shall be called upon to protect it as a named insured.
4. PREVAILING WAGES: Pursuant to Labor Code Sections 1770 et seq., Contractor shall pay to persons performing labor in and about Work provided for in Contract not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work in said locality, which per diem wages shall not be less than the stipulated rates contained in a schedule thereof which has been ascertained and determined by the Director of the State Department of Industrial Relations to be the general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute this contract.
5. WORKERS’ COMPENSATION: Contractor shall provide Workers' Compensation insurance, as applicable, at Contractor's own cost and expense and further, neither the Contractor nor its carrier shall be entitled to recover from County any costs, settlements, or expenses of Workers' Compensation claims arising out of this Agreement.
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6. CONFORMITY WITH LAW AND SAFETY:
a. In performing services under this Agreement, Contractor shall observe and comply with all applicable laws, ordinances, codes and regulations of governmental agencies, including federal, state, municipal, and local governing bodies, having jurisdiction over the scope of services, including all applicable provisions of the California Occupational Safety and Health Act. Contractor shall indemnify and hold County harmless from any and all liability, fines, penalties and consequences from any of Contractor’s failures to comply with such laws, ordinances, codes and regulations. b. Accidents: If a death, serious personal injury, or substantial property damage occurs in connection with Contractor’s performance of this Agreement, Contractor shall immediately notify the Alameda County Risk Manager's Office by telephone. Contractor shall promptly submit to County a written report, in such form as may be required by County of all accidents which occur in connection with this Agreement. This report must include the following information: (1) name and address of the injured or deceased person(s); (2) name and address of Contractor's sub-Contractor, if any; (3) name and address of Contractor's liability insurance carrier; and (4) a detailed description of the accident and whether any of County's equipment, tools, material, or staff were involved. c. Contractor further agrees to take all reasonable steps to preserve all physical evidence and information which may be relevant to the circumstances surrounding a potential claim, while maintaining public safety, and to grant to the County the opportunity to review and inspect such evidence, including the scene of the accident.
7. DEBARMENT AND SUSPENSION CERTIFICATION: (Applicable to all agreements funded in part or whole with federal funds and contracts over $25,000). a. By signing this agreement and Exhibit D, Debarment and Suspension Certification, Contractor/Grantee agrees to comply with applicable federal suspension and debarment regulations, including but not limited to 7 Code of Federal Regulations (CFR) 3016.35, 28 CFR 66.35, 29 CFR 97.35, 34 CFR 80.35, 45 CFR 92.35 and Executive Order 12549.
b. By signing this agreement, Contractor certifies to the best of its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntary excluded by any federal department or agency; (2) Shall not knowingly enter into any covered transaction with a person who is proposed for debarment under federal regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in such transaction.
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8. PAYMENT: For services performed in accordance with this Agreement, payment shall be made to Contractor as provided in Exhibit B hereto.
9. TRAVEL EXPENSES: Contractor shall not be allowed or paid travel expenses unless set forth in this Agreement.
10. TAXES: Payment of all applicable federal, state, and local taxes shall be the sole responsibility of the Contractor.
11. OWNERSHIP OF DOCUMENTS: Contractor hereby assigns to the County and its assignees all copyright and other use rights in any and all proposals, plans, specification, designs, drawings, sketches, renderings, models, reports and related documents (including computerized or electronic copies) respecting in any way the subject matter of this Agreement, whether prepared by the County, the Contractor, the Contractor’s sub-Contractors or third parties at the request of the Contractor (collectively, “Documents and Materials”). This explicitly includes the electronic copies of all above stated documentation.
Contractor also hereby assigns to the County and its assignees all copyright and other use rights in any Documents and Materials including electronic copies stored in Contractor’s Information System, respecting in any way the subject matter of this Agreement.
Contractor shall be permitted to retain copies, including reproducible copies and computerized copies, of said Documents and Materials. Contractor agrees to take such further steps as may be reasonably requested by County to implement the aforesaid assignment. If for any reason said assignment is not effective, Contractor hereby grants the County and any assignee of the County an express royalty – free license to retain and use said Documents and Materials. The County’s rights under this paragraph shall apply regardless of the degree of completion of the Documents and Materials and whether or not Contractor’s services as set forth in Exhibit “A” of this Agreement have been fully performed or paid for.
In Contractor’s contracts with other Contractors, Contractor shall expressly obligate its Sub- Contractors to grant the County the aforesaid assignment and license rights as to that Contractor’s Documents and Materials. Contractor agrees to defend, indemnify, and hold the County harmless from any damage caused by a failure of the Contractor to obtain such rights from its Contractors and/or Sub-Contractors.
Contractor shall pay all royalties and license fees which may be due for any patented or copyrighted materials, methods or systems selected by the Contractor and incorporated into the work as set forth in Exhibit “A”, and shall defend, indemnify and hold the County harmless from any claims for infringement of patent or copyright arising out of such selection. The County’s rights under this Paragraph 11 shall not extend to any computer software used to create such Documents and Materials.
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12. CONFLICT OF INTEREST; CONFIDENTIALITY: The Contractor covenants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of services required under this Agreement. Without limitation, Contractor represents to and agrees with the County that Contractor has no present, and will have no future, conflict of interest between providing the County services hereunder and any other person or entity (including but not limited to any federal or state wildlife, environmental or regulatory agency) which has any interest adverse or potentially adverse to the County, as determined in the reasonable judgment of the Board of Supervisors of the County.
The Contractor agrees that any information, whether proprietary or not, made known to or discovered by it during the performance of or in connection with this Agreement for the County will be kept confidential and not be disclosed to any other person. The Contractor agrees to immediately notify the County by notices provided in accordance with Paragraph 13 of this Agreement, if it is requested to disclose any information made known to or discovered by it during the performance of or in connection with this Agreement. These conflict of interest and future service provisions and limitations shall remain fully effective five (5) years after termination of services to the County hereunder.
13. NOTICES: All notices, requests, demands, or other communications under this Agreement shall be in writing. Notices shall be given for all purposes as follows:
Personal delivery: When personally delivered to the recipient, notices are effective on delivery.
First Class Mail: When mailed first class to the last address of the recipient known to the party giving notice, notice is effective three (3) mail delivery days after deposit in a United States Postal Service office or mailbox. Certified Mail: When mailed certified mail, return receipt requested, notice is effective on receipt, if delivery is confirmed by a return receipt.
Overnight Delivery: When delivered by overnight delivery (Federal Express/Airborne/United Parcel Service/DHL WorldWide Express) with charges prepaid or charged to the sender’s account, notice is effective on delivery, if delivery is confirmed by the delivery service. Telex or facsimile transmission: When sent by telex or facsimile to the last telex or facsimile number of the recipient known to the party giving notice, notice is effective on receipt, provided that (a) a duplicate copy of the notice is promptly given by first-class or certified mail or by overnight delivery, or (b) the receiving party delivers a written confirmation of receipt. Any notice given by telex or facsimile shall be deemed received on the next business day if it is received after 5:00 p.m. (recipient’s time) or on a non-business day.
Addresses for purpose of giving notice are as follows:
To County: COUNTY OF ALAMEDA
1111 Jackson Street
Oakland, CA 94607
Attn: Bede Anunne
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To Contractor: CITY OF LIVERMORE
1052 South Livermore Ave.
Livermore, CA 95377
Attn: Asceneth Paez-Arroyo
Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused, unclaimed, or deemed undeliverable by the postal authorities, messenger, or overnight delivery service.
Any party may change its address or telex or facsimile number by giving the other party notice of the change in any manner permitted by this Agreement.
14. USE OF COUNTY PROPERTY: Contractor shall not use County property (including equipment, instruments and supplies) or personnel for any purpose other than in the performance of his/her obligations under this Agreement.
15. EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS: Contractor assures that he/she/it will comply with Title VII of the Civil Rights Act of 1964 and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran’s status, political affiliation, or any other non-merit factor, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement.
a. Contractor shall, in all solicitations or advertisements for applicants for employment placed as a result of this Agreement, state that it is an “Equal Opportunity Employer” or that all qualified applicants will receive consideration for employment without regard to their race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran’s status, political affiliation, or any other non-merit factor. b. Contractor shall, if requested to so do by the County, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran’s status, political affiliation, or any other non-merit factor. c. If requested to do so by the County, Contractor shall provide the County with access to copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law.
d. Contractor shall recruit vigorously and encourage minority - and women-owned businesses to bid its subcontracts.
e. Nothing contained in this Agreement shall be construed in any manner so as to require or permit any act, which is prohibited by law.
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f. The Contractor shall include the provisions set forth in paragraphs A through E (above) in each of its subcontracts.
16. DRUG-FREE WORKPLACE: Contractor and Contractor's employees shall comply with the County's policy of maintaining a drug-free workplace. Neither Contractor nor Contractor's employees shall unlawfully manufacture, distribute, dispense, possess or use controlled substances, as defined in 21 U.S. Code § 812, including, but not limited to, marijuana, heroin, cocaine, and amphetamines, at any County facility or work site. If Contractor or any employee of Contractor is convicted or pleads nolo contendere to a criminal drug statute violation occurring at a County facility or work site, the Contractor within five days thereafter shall notify the head of the County department/agency for which the contract services are performed.
Violation of this provision shall constitute a material breach of this Agreement.
17. AUDITS; ACCESS TO RECORDS: The Contractor shall make available to the County, its authorized agents, officers, or employees, for examination any and all ledgers, books of accounts, invoices, vouchers, cancelled checks, and other records or documents evidencing or relating to the expenditures and disbursements charged to the County, and shall furnish to the County, its authorized agents, officers or employees such other evidence or information as the County may require with regard to any such expenditure or disbursement charged by the Contractor.
The Contractor shall maintain full and adequate records in accordance with County requirements to show the actual costs incurred by the Contractor in the performance of this Agreement. If such books and records are not kept and maintained by Contractor within the County of Alameda, California, Contractor shall, upon request of the County, make such books and records available to the County for inspection at a location within County or Contractor shall pay to the County the reasonable, and necessary costs incurred by the County in inspecting Contractor’s books and records, including, but not limited to, travel, lodging and subsistence costs. Contractor shall provide such assistance as may be reasonably required in the course of such inspection. The County further reserves the right to examine and reexamine said books, records and data during the three (3) year period following termination of this Agreement or completion of all work hereunder, as evidenced in writing by the County, and the Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatsoever for three (3) years after the County makes the final or last payment or within three (3) years after any pending issues between the County and Contractor with respect to this Agreement are closed, whichever is later.
18. DOCUMENTS AND MATERIALS: Contractor shall maintain and make available to County for its inspection and use during the term of this Agreement, all Documents and Materials, as defined in Paragraph 11 of this Agreement. Contractor’s obligations under the preceding sentence shall continue for three (3) years following termination or expiration of this Agreement or the completion of all work hereunder (as evidenced in writing by County), and Contractor shall in no event dispose of, destroy, alter or mutilate said Documents and Materials, for three (3) years following the County’s last payment to Contractor under this Agreement.
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19. TIME OF ESSENCE: Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement.
20. TERMINATION: The County has and reserves the right to suspend, terminate, or abandon the execution of any work by the Contractor without cause at any time upon giving to the Contractor prior written notice. In the event that the County should abandon, terminate, or suspend the Contractor’s work, the Contractor shall be entitled to payment for services provided hereunder prior to the effective date of said suspension, termination, or abandonment. Said payment shall be computed in accordance with Exhibit B hereto, provided that the maximum amount payable to Contractor for its Youth Service Center Services shall not exceed $1,502,000 payment for services provided hereunder prior to the effective date of said suspension, termination or abandonment.
21. SMALL LOCAL AND EMERGING BUSINESS (SLEB) PARTICIPATION: Contractor is approved by County to participate in contract without SLEB participation. As a result, there is no requirement to be certified or subcontract with another business in order to satisfy the County’s Small and Emerging Locally owned Business provision. The approval is based on:
Contractor as a government agency is a SLEB Exempt Entity.
However, if circumstances or the terms of the contract should change, Contractor may be required to immediately comply with the County’s Small and Emerging Local Business provisions, including but not limited to:
a. Contractor must be a certified small or emerging local business(es) or subcontract a minimum 20% with a certified small or emerging local business(es). b. SLEB subcontractor(s) is independently owned and operated (i.e., is not owned or operated in any way by Prime), nor do any employees of either entity work for the other.
c. Small and/or Emerging Local Business participation and current SLEB certification status must be maintained for the term of the contract. Contractor shall ensure that their own certification status and/or that of participating subcontractors (as is applicable) are maintained in compliance with the SLEB Program.
d. Contractor shall not substitute or add any small and/or emerging local business(s) listed in this agreement without prior written approval from the County. Said requests to substitute or add a small and/or emerging local business shall be submitted in writing to the County department contract representative identified under Item #13 above.
Contractor will not be able to substitute the subcontractor without prior written approval from the Alameda County Auditor Controller Agency, Office of Contract Compliance & Reporting (OCCR).
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e. All SLEB participation, except for SLEB prime contractor, must be tracked and monitored utilizing the Elation compliance System.
County will be under no obligation to pay contractor for the percent committed to a SLEB (whether SLEB is a prime or subcontractor) if the work is not performed by the listed small and/or emerging local business.
For further information regarding the Small Local Emerging Business participation requirements and utilization of the Alameda County Contract Compliance System contact OCCR via e-mail at [email protected]
.
22. FIRST SOURCE PROGRAM: For contracts over $100,000, Contractor shall provide County ten (10) working days to refer to Contractor, potential candidates to be considered by Contractor to fill any new or vacant positions that are necessary to fulfill their contractual obligations to the County that Contractor has available during the contract term before advertising to the general public.
23. CHOICE OF LAW: This Agreement shall be governed by the laws of the State of California.
24. WAIVER: No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
25. ENTIRE AGREEMENT: This Agreement, including all attachments, exhibits, and any other documents specifically incorporated into this Agreement, shall constitute the entire agreement between County and Contractor relating to the subject matter of this Agreement. As used herein, Agreement refers to and includes any documents incorporated herein by reference and any exhibits or attachments. This Agreement supersedes and merges all previous understandings, and all other agreements, written or oral, between the parties and sets forth the entire understanding of the parties regarding the subject matter thereof. The Agreement may not be modified except by a written document signed by both parties.
26. HEADINGS: herein are for convenience of reference only and shall in no way affect interpretation of the Agreement.
27. ADVERTISING OR PUBLICITY: Contractor shall not use the name of County, its officers, directors, employees or agents, in advertising or publicity releases or otherwise without securing the prior written consent of County in each instance.
28. MODIFICATION OF AGREEMENT: This Agreement may be supplemented, amended, or modified only by the mutual agreement of the parties. No supplement, amendment, or
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modification of this Agreement shall be binding unless it is in writing and signed by authorized representatives of both parties.
29. ASSURANCE OF PERFORMANCE: If at any time County believes Contractor may not be adequately performing its obligations under this Agreement or that Contractor may fail to complete the Services as required by this Agreement, County may request from Contractor prompt written assurances of performance and a written plan acceptable to County, to correct the observed deficiencies in Contractor’s performance. Contractor shall provide such written assurances and written plan within ten (10) calendar days of its receipt of County’s request and shall thereafter diligently commence and fully perform such written plan. Contractor acknowledges and agrees that any failure to provide such written assurances and written plan within the required time is a material breach under this Agreement.
30. SUBCONTRACTING/ASSIGNMENT: Contractor shall not subcontract, assign, or delegate any portion of this Agreement or any duties or obligations hereunder without the County’s prior written approval.
a. Neither party shall, on the basis of this Agreement, contract on behalf of or in the name of the other party. Any agreement that violates this Paragraph shall confer no rights on any party and shall be null and void.
b. Contractor shall use the subcontractors identified in Exhibit A and shall not substitute subcontractors without County’s prior written approval. c. Contractor shall require all subcontractors to comply with all indemnification and insurance requirements of this agreement, including, without limitation, Exhibit C.
Contractor shall verify subcontractor’s compliance.
d. Contractor shall remain fully responsible for compliance by its subcontractors with all the terms of this Agreement, regardless of the terms of any agreement between Contractor and its subcontractors.
31. SURVIVAL: The obligations of this Agreement, which by their nature would continue beyond the termination on expiration of the Agreement, including without limitation, the obligations regarding Indemnification (Paragraph 2), Ownership of Documents (Paragraph 11), and Conflict of Interest (Paragraph 12), shall survive termination or expiration.
32. SEVERABILITY: If a court of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected, unless an essential purpose of this Agreement would be defeated by the loss of the illegal, unenforceable, or invalid provision.
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33. PATENT AND COPYRIGHT INDEMNITY: Contractor represents that it knows of no allegations, claims, or threatened claims that the materials, services, hardware or software (“Contractor Products”) provided to County under this Agreement infringe any patent, copyright or other proprietary right. Contractor shall defend, indemnify and hold harmless County of, from and against all losses, claims, damages, liabilities, costs expenses and amounts (collectively, “Losses”) arising out of or in connection with an assertion that any Contractor Products or the use thereof, infringe any patent, copyright or other proprietary right of any third party. County will: (1) notify Contractor promptly of such claim, suit, or assertion; (2) permit Contractor to defend, compromise, or settle the claim; and, (3) provide, on a reasonable basis, information to enable Contractor to do so. Contractor shall not agree without County’s prior written consent, to any settlement, which would require County to pay money or perform some affirmative act in order to continue using the Contractor Products.
a. If Contractor is obligated to defend County pursuant to this Paragraph 33 and fails to do so after reasonable notice from County, County may defend itself and/or settle such proceeding, and Contractor shall pay to County any and all losses, damages and expenses (including attorney’s fees and costs) incurred in relationship with County’s defense and/or settlement of such proceeding.
b. In the case of any such claim of infringement, Contractor shall either, at its option, (1) procure for County the right to continue using the Contractor Products; or (2) replace or modify the Contractor Products so that that they become non-infringing, but equivalent in functionality and performance.
c. Notwithstanding this Paragraph 33, County retains the right and ability to defend itself, at its own expense, against any claims that Contractor Products infringe any patent, copyright, or other intellectual property right.
34. OTHER AGENCIES: Other tax supported agencies within the State of California who have not contracted for their own requirements may desire to participate in this contract. The Contractor is requested to service these agencies and will be given the opportunity to accept or reject the additional requirements. If the Contractor elects to supply other agencies, orders will be placed directly by the agency and payments made directly by the agency.
35. EXTENSION: This agreement may be extended for incremental periods of up to two years by mutual agreement of the County and the Contractor.
36. SIGNATORY: By signing this agreement, signatory warrants and represents that he/she executed this Agreement in his/her authorized capacity and that by his/her signature on this Agreement, he/she or the entity upon behalf of which he/she acted, executed this Agreement. [END OF GENERAL TERMS AND CONDITIONS]
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Exhibit A
EXHIBIT A
DEFINITION OF SERVICES
1. Contractor shall provide youth service center services with the Specific Requirements and Deliverables/Reports set on this Exhibit A, consisting of the following:
Exhibit A-1 Specific Requirements, Deliverables/Reports, and Performance Measures Exhibit A-2 Description of Services
a. This Exhibit A has been drafted to include the requirements contained in the Request for Proposal (RFP) No. 902171, including any addenda, the proposal response of Contractor (Response), and additional services that the County obtained through negotiations, if any. In the event of any conflict (direct or indirect) among any of the exhibits, the RFP and the Response, the more stringent requirements providing the County with the broader scope of services shall have precedence, such that this Exhibit A including all attachments, the scope of work described in the RFP and the scope of work described in Contractor’s proposal shall be performed to the greatest extent feasible. b. The RFP and Response may be relied upon to interpret this Contract and shall be applied in such a manner so that the obligations of the Contractor are to provide the County with the broadest scope of services for the best value.
2. Contractor project team will consist of the following Key Personnel and subcontractors, as applicable during the contract term:
Name Title Telephone Email Address
Asceneth Paez-Arroyo Clinical Manager (925) 371-4742 apaez- [email protected]
Sylvia Cole Family Therapist (925) 371-4744 [email protected] Mathew Lund Family Therapist (925) 371-4743 [email protected] Lindsey Sauter Family Therapist (925) 371-4739 [email protected] Amanda Winter Family Therapist (925) 371-4746 [email protected] Melissa Temores Senior Clerk (925) 371-4741 [email protected] Madison Goard Department
Assistant (925) 371-4747 [email protected]
Contractor agrees that it shall not transfer or reassign the individuals identified above as Key Personnel or substitute subcontractors without the express written agreement of County, which agreement shall not be unreasonably withheld. Should such individual or individuals in the employ of Contractor no longer be employed by Contractor during the term of this Agreement, Contractor shall make a good faith effort to present to County an individual with greater or equal qualifications as a replacement subject to County’s approval, which approval shall not be unreasonably withheld.
3. The approval of County to a requested change shall not release Contractor from its obligations under this Agreement.
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Exhibit A-1
EXHIBIT A-1
SPECIFIC REQUIREMENTS, DELIVERABLES / REPORTS, AND PERFORMANCE MEASURES
A. SPECIFIC REQUIREMENTS
Service Areas to be Serviced
Service Area 9: Livermore, Pleasanton, Dublin, Sunol
94550, 94551, 94566, 94568, 94586, 94588
Contractors’ services must meet the following requirements, which must consider the diversity of clients overall.
1. Cultural Awareness & Sensitivity: Contractors must utilize culturally responsive methods to serve the target population successfully. Cultural responsivity includes the client’s race, ethnicity, and language capacity, as well as intersectional experiences in various subgroups (e.g., gender, development, exposure to trauma, immigration experience, mental health status, substance use, socioeconomic status, and other factors). Cultural responsivity is enhanced when providers have lived experience or have navigated justice involvement.
2. Positive Youth Development Approach: Contractors must use a Positive Youth Development (PYD) approach when providing services to the target population listed above. PYD1 is a comprehensive way of thinking about the development of children and youth, and the factors that facilitate or impede their individual growth and achievement of key developmental stages. The PYD framework is an alternative to viewing adolescent development through the lens of problems and deficits. The PYD frameworks share the following three basic assumptions:
a. Focus on strengths and assets rather than deficits and problems;
b. Strengths and assets are usually acquired through positive relationships, especially with pro-social and caring adults; and
c. The development and acquisition of youth assets occurs in multiple contexts and environments: home, schools, workplaces, community organizations, social programs, and neighborhoods.
3. Evidence-Based Practices: Correctional practices in which an agency systematically finds, appraises, and applies the most current and valid research findings as a basis for developing and implementing targeted interventions and programming proven to reduce recidivism.
1 Butts. J, Mayer. S, and Ruth. G. 2005. Focusing Juvenile Justice on Positive Youth Development. Chapin Hall Center for Children, University of Chicago
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4. Gender Responsive Services: Other important factors, such as developmental age, gender, culture, mental health, cognitive abilities, motivation, and stability (e.g., housing), may influence an individual’s ability to benefit from treatment. Contractor must design activities to create an environment that responds to the realities of the lives of gender-identified, trans, and non-binary individuals and address their strengths and challenges.
5. Trauma-Informed Care (TIC) Approach: Contractor must use the following guidelines to ensure that they are conducting a trauma-informed care approach to services:
a. Involvement of trauma survivors, consumers, and family members: These groups have significant involvement, voice, and meaningful choice at all levels and in all areas of organizational functioning (e.g., program design, implementation, service delivery, and quality assurance, access to peer support, workforce development, and evaluation). b. Cross-Sector collaboration: There is a collaboration between adult and children/youth services, prevention and treatment, health and human service sectors, education, legal, child welfare, and criminal justice sectors and systems. c. Interventions: All interventions, including screening and assessment, are based on the best available empirical evidence, are culturally appropriate, and reflect principles of a trauma-informed approach. A trusted and effective referral system is in place, and trauma-specific interventions are acceptable, effective, and available for individuals, youth, and families seeking services.
d. Training and workforce development: Training on trauma and how to respond is available for all staff. A human resource system incorporates trauma-informed principles in hiring, supervision, and staff evaluation. Procedures are in place to support staff with trauma histories.
e. Consultation and Supervision: All levels of staff receive regular and ongoing consultation and supervision around issues of trauma, vicarious trauma, and burnout faced in the workplace, including interactions between staff and clients, and among staff themselves.
f. Physical Environment: Investments are made to ensure the physical environment promotes safety for clients and staff.
g. Quality Assurance: There is an ongoing assessment, tracking, and ongoing of trauma- informed principles.
6. Contractor must provide services accessible to clients and their families (including hours of operation and days available).
7. Contractor must perform ongoing, minimum of ten outreach annually in their service areas to promote their services, build connections with local schools, churches, and youth-based
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organizations, and reach youth in the community who could benefit from their services.
Contractor may also utilize a social media presence for outreach purposes.
8. Contractor must have and maintain current job descriptions on file with Alameda County Probation Department (ACPD) for all personnel whose salaries, wages, and benefits are funded through ACPD. Job descriptions must specify the minimum qualifications for services to be performed and must meet the approval of the ACPD. Contractor must submit revised job descriptions meeting the approval of the ACPD prior to implementing any changes or employing persons who do not meet the minimum qualifications on file with the ACPD.
9. Contractor must provide services to at-promise and system-involved youth, including those who are habitual truants, runaways, and/or youth at risk of becoming wards under Section 601 and youth described in Section 602 of the California Welfare and Institutions Code and their families.
10. Contractor must service the youth referred by sources which include, but are not limited to the following:
a. Probation Department
b. District Attorney
c. Public Defender
d. Juvenile Court
e. Law Enforcement agencies
f. Alameda County Transition Center
g. Parents or youth themselves
h. Local schools
i. School Attendance Review Boards (SARBs) and School Attendance Review Teams (SARTs)
j. Alameda County Crisis Receiving Home (Malabar House)
11. Contractor must make contact and/or document attempts to reach youth and families referred for services within three business days. For any youth referred by Probation Department staff, Contractor must confirm receipt of the service referral request before the close of business on the next business day (Monday through Friday) to confirm the receipt of the referral; and provide service updates (client contact, case plan goals, recommendations, and completion of services) to the Probation staff (or his or her designee) who completed the referral for services.
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a. Services and programs are to be specifically focused on therapeutic counseling, crisis intervention, diversion, and case management services aimed at preventing formal entry into the juvenile justice system or recidivism.
(1) Contractor must provide crisis intervention/counseling services to youth and their families. When providing crisis intervention/counseling services, Contractor must provide up to eight (8) sessions of family therapy at no cost to the client(s) in Alameda County, as needed for stabilization or coordination.
Contractor holding Early Periodic Screening Diagnosis and Treatment (EPSDT) contracts shall provide clients up to six (6) counseling and/or crisis intervention sessions under ACPD funding while determining Medi-Cal eligibility and a diagnosis that meets EPSDT criteria.
(2) Contractor must implement primary treatment techniques that combine family crisis interventions with short-term family counseling, using the identified risk factors and presenting problems to assist families in dealing with underlying problems which led to the crisis. Youth and their families should be counseled to cope with stress by developing and/or restoring their problem-solving mechanisms. Each youth is to be seen with his/her family (exceptions are to be documented and must indicate all attempts made to include family), and an assessment shall be completed that includes identification of the strengths, risks, and needs of the referred youth/family.
(3) Contractor must provide the following services:
(a) Counseling:
i. Contractor must complete an assessment that includes the identification of the strengths, risks, and needs of the referred youth/family.
ii. Contractor must implement trauma- informed treatment techniques that combine family crisis interventions with short- term family counseling, using identified risk factors and presenting problems, to assist families in dealing with underlying problems which led to the crisis.
iii. Contractor must counsel youth and their families to cope with stress by developing and or restoring their problem-solving mechanisms.
iv. Contractor must counsel youth on how to regulate their emotions when they are out of control or feel like they want to harm themselves or someone else.
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v. Contractor must provide family counseling services to youth in the presence of his/her birth family, legal guardian, foster parent, and fictive kin, ages 8 and older (exceptions are to be documented and must indicate all attempts made to include family).
(b) Support the Crisis Receiving Home: The Alameda County Crisis Receiving Home (CRH) is a 24-hour, 7 days a week, 365 days a year shelter that provides receiving capability for police departments and other appropriate community agencies approved by ACPD that serve or take at- promise youth into custody.
i. Contractor must comply with the following hours of Operation:
• Youth Service Centers are required to support the CRH.
They must have a staff on call for the following holidays:
Independence Day, Labor Day, Veteran’s Day, the day after Thanksgiving, Martin Luther King Jr. Day, Presidents Day, and Memorial Day. On Christmas Day, Thanksgiving Day,
and New Year’s Day, Youth Service Centers will not be
responsible for intake and do not need to have staff on call. Other holidays not listed will be treated as a Saturday “on call.”
• On all days listed above, during which the Contractor is observing a holiday and on each Saturday of each month
“on call,” coverage of the CRH is provided between the
hours of 9:00 a.m. – 12:00 p.m. A list of “on call”
counselors shall be provided at the beginning of each
month to the CRH staff, showing the dates of the “on call” coverage and the name and contact numbers for the
agency’s Executive Director and Counseling Supervisor in case of any problems reaching the “on call” counselor
during the weekend or holiday coverage.
• Contractor must develop and maintain procedural
guidelines and conduct staff training in coordination with the CRH in the event of an urgent or crisis situation.
(c) Case Management Services:
i. Contractor must provide case management services that elicit, support, and build on the resilience and potential growth and development inherent in each youth and their family. Case management services shall be provided by a trained Case Manager and/or Family Therapist with a focus on developing an
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individualized family case plan that will consider family concerns, priorities, and resources.
ii. Contractor must screen youth at intake.
iii. Contractor must assign Case Managers/Family Therapist to serve as a family and youth advocate and establish working
relationships to assist the youth and family with making linkages to access appropriate services in collaboration with the Deputy Probation Officer (DPO) when the youth is on probation and other service providers, as required.
iv. Contractor must ensure that assigned Case Manager/Family Therapists work with the Probation staff in support of achieving key milestones specified in the youth’s case plan.
v. Key components of Case Management services shall include:
• Client Engagement: A system of efforts and or attempts to reach clients referred for services and establish a positive relationship or rapport (includes culturally sensitive and responsive approaches) to ensure the client’s awareness of available services and resources;
• Assessment: Determining youth/family strengths and
needs. If referred by a Probation Department staff,
collaborate to understand and support client needs;
• Planning: Develop a specific, comprehensive,
individualized treatment and service plan; work with
Probation Department staff to achieve key milestones
stated in the client case plan;
• Linkage: Referring youth/family for necessary treatments and services, including informal support systems, and/or coordinating with school counseling services;
• Monitoring: Conducting an ongoing evaluation of
youth/family’s progress;
• Advocacy: Interceding on behalf of youth/family to ensure equity and appropriate services, attending court; and
• Case Closure: Ensuring youth and Probation Department staff (if the youth is active on probation) are clear on when set
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goals have been reached, and the youth feels comfortable carrying out the goals without Case Managers, or when
there is no progress made. Ensuring a plan for after care services, or how youth may access services following
formal termination of service referral.
(d) Diversion Services: Services and programs specifically aimed at diverting identified problem behavior and preventing formal entry into the juvenile justice system. Contractor must provide an intake assessment of the youth and identify areas of need for further intervention. Further intervention can include counseling, educational classes, substance abuse classes, petty theft, anger management, etc.
12. Contractor must, at a minimum, have the following staff group. The professionals providing services through the Contractor must individually meet qualifications set forth by ACPD. (1) Family Counselors providing direct counseling services must have at least a master’s degree in Social Work, Family Therapy, Psychology, Counseling, or a closely related human service field. Master’s level intern must be supervised by a licensed or licensed- eligible mental health professional. Family Counselors must have at least three years of family counseling experience.
(2) Case Managers must have at least one year of case management experience and must receive case management supervision and training; or
A minimum of ten college or university level courses which may be expected to provide knowledge and skills required for this position. These courses must be equal to or greater than 30 semester units or 45 quarter units successfully completed. Coursework in the field of social sciences is highly desirable.
Contractor must provide the names of the proposed staff with their title, education, certifications, and licenses (including license numbers), which must be in résumé format (business addresses are sufficient, home contact information for staff should not be provided) upon contract execution. Such documentation and verification are ongoing requirements for all replacement staff of the Contractor.
13. Contractor may provide services at the following Service Delivery Sites:
a. Provider’s facility;
b. Client’s home;
c. Probation offices;
d. School and/or other sites that support the client and family engagement process.
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14. Implementation Plan and Schedule
Contractors must be ready to receive and service clients at the start of the contract, July 1, 2024. Staff and all necessary provisions must be in place to begin receiving referrals at the start of the contract.
B. DELIVERABLES/REPORTS
1. Monthly Reports: Monthly reports must be submitted with monthly invoice requests by the 10th of each month (or the next business day when the 10th is on a weekend or holiday). Each monthly report should include data for the previous month of service (e.g., the December 10th report should include data on November 1–November 30) and must include, but not be limited to, the following:
a. Names of the youth served each month;
b. Probation case number (if applicable);
c. Date of birth, address, client descriptive information (gender, ethnicity, etc.); d. Types of services;
e. Referral sources;
f. Number of sessions provided to the client for the month; g. Total youth served for the month;
h. Total number of youth served with at least one family member; i. Cumulative total unduplicated youth;
j. Cumulative total unduplicated family members;
k. Youth assessment instrument (as determined by the Probation Department); l. Pre/post assessment scores (if applicable);
m. Closed cases outcome information; and
n. Additional outcome information, as required.
2. Bi-Annual Progress Reports: In addition to monthly data reports, Contractor must submit a bi- annual narrative report to the ACPD Management Analyst. Bi-annual narrative reports will be due: January 15th (July through December) and July 15th (January through June) of each fiscal year of the contract period.
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3. Referral/Service Status Reports: Contractor must submit a written notification through the Probation case management system to the referring DPO as follows:
a. Before the close of business on the next business day (Monday through Friday) to confirm the receipt of the referral;
b. Within two weeks of the receipt of the referral, provide written notification through the Probation case management system regarding the status of the referral and/or services; c. Within one month from the receipt of the referral, provide written notification through the Probation case management system, if applicable, of the status of the referral and/or services; and
d. Provide written notification through the Probation case management system regarding the outcome of the services (successful/unsuccessful). For the duration of the referral, Contractors must establish and maintain ongoing communication with the youth’s assigned DPO and/or the Program Services Coordinator, as appropriate, regarding the youth’s progress.
C. PERFORMANCE MEASURES
This is a performance-based contract with measurements and standards. The performance measures will assist in determining the quality and efficacy of the services provided. Performance measures focus on whether clients are better off as a result of the services provided. The measurements and benchmarks outlined below; will identify the role an organization plays in community-wide impact by identifying clients who benefit from the services the organization provides. Contractor must provide the following as it pertains to performance measures:
1. Number of Clients
a. Number of youths who received case management services; b. Number of youths who received counseling services;
c. Number of youths who received diversion services;
d. Number of youths who were referred from the Crisis Receiving Home (CRH) and received crisis intervention services;
e. Number/percent of youth on formal probation or court- ordered informal probation; f. Number/percent of system-involved youth (youth who have had some contact with the juvenile justice system), local law enforcement agencies, etc.; g. Number/percent of youth/families that received up to eight sessions of free family therapy for non-EPSDT providers; and
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h. Number/percent of youth/families that received up to six sessions of free family therapy for EPSDT providers.
2. Engagement
a. Of those referred by the CRH, 100% will be connected to a case manager within two hours of referral;
b. 80% of youth referred will be seen with the family within 30 days of the initial counseling session with the youth;
c. 80% of youth will be enrolled into services or provided linkages to services within 60 days of referral;
d. 75% of youth will have a case management plan developed by a case manager within 60 days of referral; and
e. 80% of the youth and families will participate in an assessment of their strengths and needs utilizing the assessment tool determined by Probation within 30 days of the second client session.
f. Contractor must conduct at least ten (10) outreach efforts/activities per year within their specific service area.
3. Performance
a. 75% of youth referred for case management will successfully complete the terms noted in their case management plan;
b. 80% of youth referred for diversion services will successfully complete the terms noted in their diversion plan;
c. 75% of youth who complete individual or family counseling experience an improvement in their overall well-being based upon - an assessment instrument to be determined by Probation;
d. 70% of youth/families will demonstrate improved family functioning based upon - an assessment instrument to be determined by Probation;
e. 75% of youth will demonstrate stabilized behavior/experience a reduction of identified risk behaviors, based upon an assessment instrument to be determined by Probation; and
f. 75% of youth on probation will not be re-arrested while receiving services.
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Exhibit B
EXHIBIT B
PAYMENT TERMS
1. County will use its reasonable efforts to make payment to Contractor upon successful completion and acceptance of the following services listed within thirty (30) days upon receipt and approval of invoice.
2. Invoices will be reviewed for approval by the Alameda County Probation Department.
a. Invoices and supporting documents must be submitted via ACPD’s online Invoice Portal.
A designated link and training will be provided by ACPD.
b. Invoices will be reviewed for accuracy and approval by ACPD.
c. Invoices must adhere to the template provided by ACPD.
d. The service type provided, units, and rates must be consistent with, and comply with, the terms of the contract.
3. Total payment under the terms of this Agreement will not exceed the total amount of $1,502,000. This cost includes all taxes and all other charges.
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Exhibit B
4. No Supplanting of Funds: Contractor agrees that funds awarded under this contract will not be used to supplant expenditures from other contracts or programs.
5. No Supplanting of Funds: Contractor agrees that funds awarded under this contract will not be used to supplant expenditures from other contracts or programs.
6. Budget Justification
Position Fully Burdened
Hourly Rate FTE Annual
Hours Total %time spent
on grant
Total
Grant Exp
Youth & Family Svc Mgr-Clinical -
Paez-Arroyo (1.0) $209.76 1 2080 $436,300.80 35% $152,700.00 Family Therapist - Vacant $157.07 1 2080 $326,705.60 55% $179,700.00 Family Therapist - Lund $157.07 0.75 2080 $245,029.20 55% $134,800.00 Family Therapist - Sauter $157.07 0.75 2080 $245,029.20 20% $85,800.00 Family Therapist - Cole $157.07 0.5 2080 $163,352.80 35% $57,200.00 Senior Clerk - Temores (.75) $131.90 0.75 2080 $205,764.00 55% $113,200.00 Department Asisstant - Goard (Temp) $19.91 0.25 2080 $10,353.20 15% $1,600.00 $1,632,534.80 $725,000.00Grand Total
Database Maintenance Costs $10,000.00
General office supplies $2,000.00
Programs and workshops $2,000.00
Community Outreach Events $2,000.00
Case Management Supplies $4,000.00
Training & Education $3,500.00
Memberships & Subscriptions $2,500.00
Total Supplies $26,000.00
Total Supplies $26,000.00
Total Personnel Costs $725,000.00
Total Grant Request $751,000.00
Program Costs
Equipment
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Exhibit C
EXHIBIT C
INSURANCE REQUIREMENTS
COUNTY OF ALAMEDA MINIMUM INSURANCE REQUIREMENTS
Without limiting any other obligation or liability under this Agreement, the Contractor, at its sole cost and expense, shall secure and keep in force during the entire term of the Agreement or longer, as may be specified below, the following minimum insurance coverage, limits and endorsements. The County reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. If the contractor maintains broader coverage and/or higher limits than the minimums shown below, the County requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the County.
TYPE OF INSURANCE COVERAGES MINIMUM LIMITS
A Commercial General Liability
Premises Liability; Products and Completed Operations; Contractual Liability; Personal Injury and Advertising Liability; Abuse, Molestation, Sexual Actions, and Assault and Battery $1,000,000 per occurrence (CSL)
Bodily Injury and Property Damage
B Commercial or Business Automobile Liability
All owned vehicles, hired or leased vehicles, non-owned, borrowed and permissive uses. Personal Automobile Liability is acceptable for individual contractors with no transportation or hauling related activities $1,000,000 per occurrence (CSL)
Any Auto
Bodily Injury and Property Damage
C Workers’ Compensation (WC) and Employers Liability (EL) Required for all contractors with employees
WC: Statutory Limits
EL: $1,000,000 per accident for bodily injury or disease D Professional Liability/Errors & Omissions
Includes endorsements of contractual liability and defense and indemnification of the County $1,000,000 per occurrence
$2,000,000 project aggregate
E
Endorsements and Conditions:
1. ADDITIONAL INSURED: County of Alameda, its Board of Supervisors, the individual members thereof, and all County officers, agents, employees, volunteers, and representatives are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used). Auto policy shall contain or be endorsed to contain additional insured coverage for the County.
2. DURATION OF COVERAGE: All required insurance shall be maintained during the entire term of the Agreement. In addition, Insurance policies and coverage(s) written on a claims-made basis shall be maintained and evidence of insurance must be provided during the entire term of the Agreement and for at least five (5) years following the later of termination of the Agreement and acceptance of all work provided under the Agreement, with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement. If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
3. REDUCTION OR LIMIT OF OBLIGATION: All insurance policies, including excess and umbrella insurance policies, shall be primary and non-contributory coverage at least as broad as ISO CG 20 10 04 13 as respects the County, its officers, officials, employees, or volunteers. Any insurance or self-insurance maintained by the County, its officers, officials, employees, or volunteers shall be excess of the Contractor’ insurance and shall not contribute with it. Pursuant to the provisions of this Agreement insurance effected or procured by the Contractor shall not reduce or limit Contractor’s contractual obligation to indemnify and defend the Indemnified Parties.
4. INSURER FINANCIAL RATING: Insurance shall be maintained through an insurer with an A.M. Best Rating of no less than A: VII or equivalent, shall be admitted to the State of California unless otherwise acceptable by Risk Management, and with deductible amounts acceptable to the County. Acceptance of Contractor’s insurance by County shall not relieve or decrease the liability of Contractor hereunder. Self-insured retentions must be declared and approved. Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor. The policy language shall provide or be endorsed to provide, that the self –insured retention may be satisfied by either the named insured or County.
5. SUBCONTRACTORS: Contractor shall include all subcontractors as an insured (covered party) under its policies or shall verify that the subcontractor, under its own policies and endorsements, has complied with the insurance requirements in this Agreement, including this Exhibit.
6. JOINT VENTURES: If Contractor is an association, partnership or other joint business venture, required insurance shall be provided by one of the following methods:
– Separate insurance policies issued for each individual entity, with each entity included as a “Named Insured” (covered party), or at minimum named as an “Additional Insured” on the other’s policies. Coverage shall be at least as broad as in the ISO Forms named above. – Joint insurance program with the association, partnership or other joint business venture included as a “Named Insured”.
7. CANCELLATION OF INSURANCE: Each insurance policy required above shall provide that coverage shall not be cancelled, except with notice of cancellation provided to the County in accordance with policy terms and conditions.
1. CERTIFICATE OF INSURANCE: Before commencing operations under this Agreement, Contractor shall provide Certificate(s) of insurance and applicable insurance endorsements as set forth in the provisions of this Agreement and this Exhibit C, in forms satisfactory to County, evidencing that all required insurance coverage is in effect.
However, failure to obtain the required documents prior to the work beginning shall not waive the Contactor’s obligation to provide them. The County reserves the right to require the Contractor to provide complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Certificate C-2C with EO Page 1 of 1 (Rev. 3/30/2020)
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Exhibit D
EXHIBIT D
COUNTY OF ALAMEDA
DEBARMENT AND SUSPENSION CERTIFICATION
The contractor, under penalty of perjury, certifies that, except as noted below, contractor, its principals, and any named and unnamed subcontractor:
• Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
• Has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past three years;
• Does not have a proposed debarment pending; and
• Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three years.
If there are any exceptions to this certification, insert the exceptions in the following space. For any exception noted, indicate to whom it applies, initiating agency, and dates of action. Exceptions will not necessarily result in denial of award, but will be considered in determining Contractor responsibility.
Notes: Providing false information may result in criminal prosecution or administrative sanctions.
The above certification is part of the Standard Services Agreement. Signing this Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification.
CONTRACTOR (COMPANY): City of Livermore
NAME/TITLE OF AUTHORIZED SIGNER: Marianna Marysheva, City Manager SIGNATURE: DATE:
EXHIBIT A
231
Master Contract No. 902171
Procurement Contract No. 25592
Exhibit E
EXHIBIT E
COUNTY OF ALAMEDA
CONTRACT COMPLIANCE REPORTING REQUIREMENTS
The County of Alameda utilizes Elation Systems, a third-party compliance system to monitor subcontractor utilization requirements.
County project managers will provide a special access code to contractors and subcontractors participating in this contract to allow them to register to use Elation Systems (at https://www.elationsys.com/APP/
) free of charge.
Upon receipt of signed contract documents, the prime contractor shall immediately enter subcontractors (contributing towards utilization requirements) in the System, confirm payments received from the County within five business days in the System, immediately enter payments made to subcontractors, and ensure that subcontractors confirm they received payments within five business days in the System. Subcontractors shall confirm their payments received from the prime contractor within five business days in the System.
Elation Systems support, resources, and assistance are available online to registered contractors awarded a contract as a result of this bid process for this project and participating registered sub- contractors.
It is the Contractor’s responsibility to ensure that they and their subcontractors are registered and able to utilize Elation Systems as required.
EXHIBIT A
232
Master Contract No. 902171
Procurement Contract No. 25592
Exhibit F
EXHIBIT F
COUNTY OF ALAMEDA
THE IRAN CONTRACTING ACT (ICA) OF 2010
For Procurements of $1,000,000 or more
The California Legislature adopted the Iran Contracting Act (ICA) to respond to policies of Iran in a uniform fashion (PCC § 2201(q)). The ICA prohibits persons engaged in investment activities in Iran from bidding on, submitting proposals for, or entering into or renewing contracts with public entities for goods and services of one million dollars ($1,000,000) or more (PCC § 2203(a)). A person who “engages in investment activities in Iran” is defined in either of two ways:
1. The person provides goods or services of twenty million dollars ($20,000,000) or more in the energy sector of Iran, including a person that provides oil or liquefied natural gas tankers, or products used to construct or maintain pipelines used to transport oil or liquefied natural gas, for the energy sector of Iran; or
2. The person is a financial institution (as that term is defined in 50 U.S.C. § 1701) that extends twenty million dollars ($20,000,000) or more in credit to another person, for 45 days or more, if that person will use the credit to provide goods or services in the energy sector in Iran and is identified on a list created by the California Department of General Services (DGS) pursuant to PCC § 2201(b) as a person engaging in the investment activities described in paragraph 1 above.
By signing below, I hereby certify that as of the time of bidding or proposing for a new contract or renewal of an existing contract, neither I nor the company I own or work for are identified on the DGS list of ineligible persons and neither I nor the company I own or work for are engaged in investment activities in Iran in violation of the Iran Contracting Act of 2010.
If either I or the company I own or work for are ineligible to bid or submit a proposal or to renew a contract, but I believe I or it qualifies for an exception listed in PCC § 2202(c), I have described in detail the nature of the exception:
CONTRACTOR (COMPANY): City of Livermore
NAME/TITLE OF AUTHORIZED SIGNER: Marianna Marysheva, City Manager SIGNATURE: DATE:
EXHIBIT A
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EXHIBIT A
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EXHIBIT A
235
EXHIBIT A
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EXHIBIT A
237
EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
241
EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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EXHIBIT A
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CITY COUNCIL STAFF REPORT
ITEM NO. 5.7
DATE:
July
8, 2024
TO:
Honorable Mayor and City Council
FROM:
Tina Olson, Administrative Services Director
SUBJECT:
Resolution establishing the Appropriations Limit consistent with State law for FY 2024-
25. RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution establishing the Appropriations Limit for FY 2024-
25. SUMMARY
Pursuant to Article XIIIB of the California Constitution, the City is required to establish an annual appropriation limit. The appropriation subject to limitations is to be based on the 1978-79 appropriations adjusted for the changes in the cost of living and population. California Government Code Section 7910 requires every local government to establish its appropriation limit by resolution for the upcoming fiscal year when the budget is adopted. Fifteen days prior to the meeting, documentation used in the determination of the appropriations limit and other necessary determinations needs to be made available to the public. Adoption of the resolution will approve the FY 2024-25 annual appropriation limit at $472,122,939.
DISCUSSION
Article XIII B of the California State Constitution was approved by California voters effective in 1980. Also known as the Gann Spending-Limitation Initiative, this article is actually a limitation on tax revenues rather than a direct limitation on appropriations. All proceeds from taxes received in excess of the appropriations limit are required to be returned through refund or revisions in tax rates.
The City of Livermore’s Appropriations Limit is based upon FY 1978-79 appropriations which have been adjusted each year for population and inflation factors. Effective in FY 1990-91, Proposition 111 and SB 88 (Chapter 60/90) modified the manner in which the Appropriations Limit is calculated by providing alternative adjustment factors intended to make the Appropriations Limit more responsive to local growth issues and requires the annual election of cost-of-living adjustment factor and a population factor. The population factors may be either the change in city population or change in county population. The cost- 246
of-living factors may be either the change in California per capita income or the change in City of Livermore non-residential new construction valuation. Typically, an agency selects the factors which provide for the largest growth to the limit.
The City’s FY 2024-25 appropriations limit has been calculated by analyzing inflation and population factors provided by the California State Department of Finance and the City’s property tax consultants, HDL. For FY 2024-25, the population factor chosen will be the reduction within the city as it was less of a reduction than within the County. The cost-of-living factor selected by Livermore is the percentage change in California per capita income because it exceeded the assessed value in the preceding year due to new non-residential construction.
Based on the above calculation factors, the Limit of Appropriations for FY 2024-25 is $472,122,939.
Appropriations subject to this limit are $111,838,575. A summary of the city’s appropriation limit, population, and cost-of-living factors over the last twenty years is provided in Exhibit A of the resolution.
FISCAL AND ADMINISTRATIVE IMPACTS
There is no budget impact associated with the recommendation. The FY 2024-25 adopted expenditure budget is well within the Appropriation Limit of $472,122,939 .
COMMUNITY PILLAR
5: A City that Works
GOAL
16: Help preserve public resources and the community's confidence in the City's governance and operation by ensuring the City fulfills its legal obligations and makes well-informed policy decisions
ATTACHMENTS
1. Resolution
2. Exhibit A - FY 2024-25 Appropriations Limit
Prepared by: Erik Peterson
Finance Manager
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
247
RESOLUTION NO.________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION ESTABLISHING THE APPROPRIATIONS LIMIT
FOR FISCAL YEAR 2024-25
The Gann Limit initiative approved by the voters of the State of California on November 6, 1979, and a subsequent amendment approved by the voters on June 6, 1990, (Propositions 4 and 111, respectively, codified as Government Code Sections 7900, et seq.), place various limitations on the fiscal powers of state and local government. As a result, the governing body of each local jurisdiction must establish an annual appropriations limit.
Government Code Section 7901(b) provides that the City Council may choose to use the change in population within the City of Livermore or within Alameda County to calculate the appropriations limit.
Furthermore, California Constitution Article XIII B, Section 8(e)(2) provides that the City Council must select either of the following to calculate the change in cost of living to be used to determine the appropriations limit:
1. The percentage change in California per capita personal income from the preceding year; or
2. The percentage change in the local assessment roll from the preceding year for the City of Livermore (“City”) due to the addition of local non-residential new construction.
As required by Government Code Section 7910, the City posted public notice of its intent to adopt a resolution establishing an appropriations limit at its regularly scheduled meeting on July 8, 2024. The public notice stated that the documentation used to determine the appropriations limit was available for public inspection.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that:
1. The change in population within the City of Livermore was selected to calculate the City’s appropriations limit for Fiscal Year 2024-25;
2. The percentage change in California per capita personal income from the preceding year was selected to calculate the City’s appropriations limit for Fiscal Year 2024-25; and
3. Using the formula set forth in Government Code section 7900, et seq., the appropriations limit for Fiscal Year 2024-25 for the City of Livermore is established at $472,122,939 as set forth in Exhibit A, attached to this resolution. 248
RESOLUTION NO.________
On motion of Council Member __________________________, seconded by Council Member ___________________________, the foregoing resolution was passed and adopted on July 8, 2024, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Jason Alcala
Deborah L. Elam Jason Alcala
Acting City Clerk City Attorney
Exhibit A – Appropriations Limit FY 2024-25
249
Cost-of-Living Population Ratio o f Appropriations Appropriations Year of Limit Factor ** Factor *** Change Limit Subject to Limit Variance FY 2005-06 12.09% 2.81% 1.1524 $119,899,145 $46,033,324 $73,865,821 FY 2006-07 6.78% 1.39% 1.0826 $129,808,537 $49,354,549 $80,453,988 FY 2007-08 4.42% 1.32% 1.0580 $147,883,090 $52,286,879 $95,596,210 FY 2008-09 5.85% 1.32% 1.0725 $147,883,090 $52,286,879 $95,596,210 FY 2009-10 7.49% 1.25% 1.0884 $160,959,709 $52,205,834 $108,753,875 FY 2010-11 -1.18% 1.10% 0.9991 $160,818,675 $45,302,801 $115,515,874 FY 2011-12 2.51% 0.97% 1.0350 $166,454,513 $46,488,786 $119,965,727 FY 2012-13 16.47% 1.05% 1.1769 $195,898,928 $49,307,270 $146,591,658 FY 2013-14* 23.36% 1.21% 1.2490 $244,677,761 $67,044,881 $177,632,880 FY 2014-15 4.87% 1.74% 1.0669 $261,046,703 $77,044,976 $184,001,727 FY 2015-16 3.82% 1.39% 1.0526 $274,777,760 $72,336,243 $202,441,517 FY 2016-17 5.37% 2.05% 1.0753 $295,468,759 $76,706,573 $218,762,186 FY 2017-18 3.69% 1.63% 1.0538 $311,365,413 $68,632,305 $242,733,108 FY 2018-19 9.35% 1.06% 1.1051 $344,087,147 $67,435,856 $276,651,291 FY 2019-20 6.20% 0.75% 1.0700 $368,161,204 $74,420,994 $293,740,210 FY 2020-21 4.22% 0.46% 1.0470 $385,462,616 $78,774,574 $306,688,042 FY 2021-22 5.73% 0.15% 1.0589 $408,160,948 $76,546,934 $331,614,014 FY 2022-23 8.58% -0.62% 1.0791 $440,433,435 $105,628,659 $334,804,776 FY 2023-24 4.44% -0.47% 1.0395 $457,826,732 $108,965,618 $348,861,114 FY 2024-25 3.62% -0.54% 1.0306 $472,122,939 $111,838,575 $360,284,364 *Amended June 9, 2014
*** Population Factor is the larger of the percentage change in City population versus the percentage change in County population.
City of Livermore
Appropriation Limit Last Twenty Fiscal Years
** Cost of Living Factor is the larger of the percentage change in California per capita income versus the percent change in the City of Livermore assessed value due to new non-residential construction.
EXHIBIT A
250
CITY COUNCIL STAFF REPORT
ITEM NO. 6.1
DATE:
July
8, 2024
TO:
Honorable Mayor and City Council
FROM:
Brent Smith, Community Development Director
SUBJECT:
Hearing to consider a request for Vesting Tentative Tract Map and Site Plan Design Review to develop vacant land located southwest of the Portola Avenue and Tranquility Circle intersection with a for-sale residential condominium project, known as Shea Aura.
RECOMMENDED ACTION
The Planning Commission and staff recommend the City Council:
1 .
Adopt a resolution finding that the project is exempt under the California Environmental Quality Act, in accordance with California Government Code Section 65457 and CEQA Guidelines Section 15182 (c), Projects Pursuant to a Specific Plan, and California Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183, Projects Consistent with a Community Plan, General Plan, or Zoning; and
2 .
Adopt a resolution approving Vesting Tentative Tract Map (VTTM) 8612 – Subdivision (SUB) 21- 007 and Site Plan Design Review (SPDR) 21-006, together with the requested Density Bonus waivers and incentive/concession, subject to the attached Conditions of Approval; and 3 .
Direct the Planning Manager to file a Notice of Exemption, in accordance with the provisions of the California Environmental Quality Act, subject to project approval.
SUMMARY
The Isabel Neighborhood Specific Plan (Specific Plan) guides development in the northwestern part of Livermore. It seeks to create a complete neighborhood with a mix of uses that is walkable, bikeable, and served by transit. The City Council adopted the amended Specific Plan and its Supplemental Environmental Impact Report in November 2020. The proposed site and project are one of several new developments within the Specific Plan area. The project proposes 164 for-sale condominium units, with associated open space, landscaping, parking, and public street frontage improvements. The Location Map is shown in Attachment 2, the Context Map with project site plan overlay is shown in Attachment 3, and Development Plans are shown in Attachment 4.
The project is consistent with the General Plan and will make progress towards meeting the City's 251
current Regional Housing Needs Assessment (RHNA) housing unit allocation. The project implements the Specific Plan, is consistent with required development standards, and conforms to required design standards and guidelines. The use and density are consistent and compatible with surrounding properties and the Livermore Municipal Airport, the site is of a size and shape that can accommodate the use, and the project will be adequately served by all necessary utilities and services. The project conforms with the provisions of the California Housing Crisis Act and State density bonus law and is exempt from further California Environmental Quality Act review.
The Planning Commission voted unanimously to recommend that the City Council approve the project with recommendations. There are no significant fiscal or administrative impacts associated with the project.
DISCUSSION
BACKGROUND
In November of 2020, the City Council adopted the amended Isabel Neighborhood Specific Plan (Specific Plan). The Specific Plan, originally adopted in 2018, covers approximately 1,138 acres in the northwest part of the City surrounding the Isabel Avenue/Interstate-580 interchange.
The Specific Plan contemplates future land uses and public improvements in the Isabel Neighborhood to create a complete and vibrant neighborhood with a mix of housing, businesses, and community uses.
The Isabel Neighborhood will address citywide goals by providing increased transportation options, housing choices, and supporting economic vitality. Residents and workers will have access to regional and local transit, various amenities, and basic services for meeting daily needs, such as a grocery store and restaurants. The future Valley Link regional rail service will have a station in the I-580 median at Isabel with transit and pedestrian connection to the Isabel neighborhood.
The Specific Plan proposes the development of a complete, transit-oriented neighborhood that includes up to approximately 4,095 new attached single-family and multi-family housing units, approximately 1,000 of which will be affordable housing units. In addition, the Specific Plan includes new office, business park, and commercial development (including a neighborhood commercial center), three new neighborhood parks, pedestrian and bicycle facilities, and infrastructure improvements.
The Specific Plan is intended to streamline the City’s development review process for development of the type and character contemplated in the Specific Plan Area. However, all the Plan’s development projects require review through the City's entitlement process. This project is the fourth residential project in the Specific Plan and would develop Subarea 2a; the previous three projects were approved by the City Council in Subareas 2b and 2c (see locations in Attachment 5).
PROJECT DESCRIPTION
The proposed project would develop vacant land located southwest of the Portola Avenue and Tranquility Circle intersection (APNs: 903-0014-004-00, 903-0014-005-00, 903-0014-006-00, and 903- 0014-007-00), implementing the Isabel Neighborhood Specific Plan. The development includes 164 for- sale condominium units, with 33 moderate-income affordable units, 17 accessible units, common open space areas including four pocket parks, landscaping, parking, pedestrian connections to existing public right-of-way, and Isabel and Portola Avenue frontage improvements, including separated Class IV bike lanes (see Attachment 6). The applicant has submitted for relief under the Housing Crisis Act of 2019 (CA SB330) and Density Bonus under Government Code section 65915, including requesting density 252
bonus waivers to exceed the height limit and reduce certain setbacks established in the Specific Plan and a density bonus concession to provide only one floor plan type for the affordable units (see Attachment 7).
The proposed project requires approval of the following land use entitlements:
1. Vesting Tentative Tract Map (SUB 21-007), which subdivides the property into 21 lots and numerous additional smaller parcels for circulation and landscaping and establishes the site grading, circulation, and public infrastructure.
2. Site Plan Design Review (SPDR 21-006), which is for review of the proposed site design, architecture, and landscape.
3. Consistency Determination (CD24-005) for the City to acquire approximately 6.5 acres of land through dedication for open space and to vacate, in part or whole, an existing maintenance easement. Planning Commission was the final review authority for this determination.
The Livermore Development Code requires Planning Commission recommendation and City Council approval of the Vesting Tentative Tract Map and Site Plan Design Review. The City Council will operate in its quasi-judicial role when considering Planning Commission and staff recommendations and public testimony and reviewing the proposed project for consistency with the Isabel Neighborhood Specific Plan, the General Plan, and any other applicable requirements. The Planning Commission was the final decision-making body on the General Plan Consistency Determination, which is summarized below.
DESCRIPTION, CONTEXT, AND ANALYSIS
For a complete project description, site context, and analysis of applicable State and local standards, please review the attached Staff Analysis Planning Commission Memorandum (Attachment 1).
PLANNING COMMISSION HEARING SUMMARY
The Planning Commission considered the project at a public hearing on May 21, 2024. The draft meeting minutes summarize the discussion (Attachment 8). A summary of the public comments received on the project and the Planning Commission’s discussion and recommendations are provided below.
PUBLIC COMMENT
The day of the scheduled Planning Commission public hearing, staff received seven written public comments via email from residents of the adjacent Sage community expressing questions and concerns about the proposed project. These written comments were included as part of a supplemental packet provided to the Planning Commission by 12:00 p.m. on May 21, 2024 (Attachment 9). The primary concerns reflected in the comments are summarized below:
• Parking: Neighbors described existing challenges with lack of parking in the Sage community and that not all residents use their garages for parking. The neighbors are concerned this trend will continue with the proposed project, particularly with the proposed tandem style garages, and suggested better utilization of street parking on Tranquility Circle.
• Community amenities and common open space: Neighbors expressed concern that the proposed project appears to have a lack of common amenities or open space. Related, neighbors were also concerned that future residents of the proposed project would be allowed access to and use of the amenities in the Sage community.
• Trash collection: Neighbors were concerned that the proposed project would create challenges for collection of trash by Livermore Sanitation.
• Traffic calming measures along Tranquility Circle: Neighbors were concerned for traffic speeds on 253
Tranquility Circle.
• Traffic and Vehicle Miles Traveled Analysis: One commenter questioned whether the project’s traffic impacts were anticipated in and evaluated as part of the environmental analysis for Isabel Neighborhood Specific Plan and whether that evaluation included Vehicle Miles Traveled analysis. • Proposed densities and lack of commercial use: Neighbors expressed concern about the proposed residential densities and noted that the site’s former designation of commercial was desired.
The Planning Commission and staff reviewed these public comments prior to the hearing, and they were discussed during the hearing. One public comment was received at the hearing related to the Regional Housing Needs Allocation and the Isabel Neighborhood Specific Plan requirements for affordable housing, with the commentor stressing the need for lower income housing units in Livermore.
Lastly,
one c
omment letter was received since publication of the Public Hearing Notice for the City Council hearing scheduled for this project on July 8, 2024. The letter raises similar comments as those received prior to the Planning Commission hearing, as summarized above. The letter is included in Attachment 9 for consideration by the City Council.
PLANNING COMMISSION RECOMMENDATIONS AND DISCUSSION
The Planning Commission voted unanimously to recommend finding the project is exempt under the California Environmental Quality Act and to approve the project with seven recommendations. The Planning Commission recommendations are included in the Planning Commission project resolution (Attachment 13, Exhibit A to the Resolution), and as feasible, they have been incorporated into the conditions of approval (Attachment 14, Exhibit B to the Resolution). Each Commission recommendation is provided below with staff’s recommendation. The Planning Commission discussed additional subjects, including affordable housing requirements, electric vehicle charging, native plant selection, and crosswalks on Portola Avenue but did not incorporate them into their motion to approve the project (see Attachment 8, Draft Planning Commission Meeting Minutes).
1. Explore the possibility of widening the garage widths in the proposed tandem units to widen openings as much as possible to optimize accessibility and encourage use of garage for parking two cars.
Staff Discussion:
Based on the building design and analysis provided by the applicant, it is not feasible to widen the proposed garage openings due to structural framing requirements. Widening the garage openings would result in shrinking of the framing support widths on either side of the garage opening in a way that would compromise the structure for both weight and seismic loading. Wider garage door openings could be structurally feasible in buildings with a larger or different overall footprint; however, these wider openings would necessitate custom garage doors as residential garage doors are typically manufactured to a standard width (i.e., 16 feet in width for two car garages, and 8 feet in width for single car or tandem garages). Given the analysis above, widening the proposed project’s garage door openings would not be practical or structurally feasible to implement and no design changes related to the project’s garage door width are recommended.
2 .
Incorporate the use of directional curb ramps, both internal curbs and those connecting to the existing public sidewalk.
Staff Discussion:
Directional curb ramps enhance accessibility by directing pedestrians in the direction of crosswalks rather than diagonally into the intersection. Staff recommends the following condition of 254
approval to address the Planning Commission recommendation.
Recommended Condition of Approval
: Prior to Final Map approval, the applicant shall incorporate the use of directional curb ramps, both internal curbs and those connecting to the existing public sidewalk, where practical, to the satisfaction of the City Engineer.
3. Incorporate the use of raised crosswalks for internal crosswalks within the development.
Staff Discussion:
Raised crosswalks separate pedestrians from the travel way, which can enhance pedestrian and bicyclist safety. Related, staff evaluated the distribution of the proposed bicycle parking locations when looking at pedestrian and bicycle circulation and facilities. Staff modified a condition of approval to require that bike rack locations be evenly disturbed in accessible and centralized locations throughout the community.
Recommended Condition of Approval:
Prior to Final Map approval, the applicant shall incorporate the use of raised crosswalks for internal crosswalks within the development, as feasible. The applicant shall explore the possibility of raised intersections at both project entryways as they connect to the main spine road within the development. The feasibility and placement of raised crosswalks or raised intersections on the final improvement plans will be agreed upon by the developer and the City Engineer, with consideration of public safety and functionality for residents, and service and emergency vehicles.
Recommended Condition of Approval:
Prior to Final Map approval, the applicant shall identify final placement of 41 guest bicycle racks (i.e., 1 space per every 4 dwelling units) on the landscape plans, with centralized placement of bicycle loop racks, such as between building 18 and 19, as well as near the entryways, to the satisfaction of the Community Development Director.
4. Delineate and stripe parking stalls on both sides of Tranquility Circle.
Staff Discussion:
Parking currently is allowed on Tranquility Circle, but parking spaces are not striped.
Delineating spaces with striping will use space more efficiently and increase on-street parking capacity.
Staff recommends the following condition to address the Planning Commission’s recommendation.
Recommended Condition of Approval:
Prior to Final Map approval, the applicant shall delineate and stripe parking stalls on both sides of Tranquility Circle, with input from the City Engineer, to provide appropriate site lines and turning protection along entryways at both the Aura and Sage communities.
5. Develop strategies to address the sun exposure and visibility of the proposed buildings, particularly on the western edges of the development.
Staff Discussion:
In response to this recommendation, staff analyzed the quantity and placement of taller shade trees proposed in the project’s landscape plans and has incorporated a condition of approval to address the sun exposure and visibility of the proposed buildings on the western and southern edges of the community.
Recommended Condition of Approval:
Prior to Final Map approval, the applicant shall identify final tree locations on the landscape plans and specify the placement and quantity of taller shade trees along the western and southern edges of the development, to the satisfaction of the Community Development 255
Director.
6. Evaluate the proposed Class IV bike lane design to ensure consistency with design standards and consider the placement of the tree-lined buffer in between vehicular lanes and the bicycle lane on Isabel Avenue.
Staff Discussion:
As proposed, the Class IV bike lanes along the project’s frontages on Isabel and Portola Avenue meet the intent of the Specific Plan and the Active Transportation Plan’s design guidelines for separated bike lanes. The policy goal is to provide a physical barrier between the bike lane and the vehicular travel lane while maximizing the widths of both the bike lane and the separated buffer within the available right-of-way. Both Class IV bike lane segments proposed to be implemented by the project meet this intent. However, to address this recommendation, one of the original Engineering Considerations has been modified to widen the raised bike lane buffer on Portola Avenue from six inches to one foot with a 6.5-foot bike lane.
Staff has noted the suggestion of a tree-lined buffer between vehicular lanes and the proposed Class IV bicycle lane on Isabel Avenue. As proposed, the project meet’s the Specific Plan’s roadway network design guidelines for Isabel Avenue, which instead call for a wider tree-lined median in this roadway section with a tree-lined park strip between the bike lane and the pedestrian sidewalk. Consistent with these guidelines, the bike lane buffer proposed on Isabel Avenue would consist of a 3-foot-wide raised median between the bike lane and the travel lanes. This design was coordinated with the Isabel Crossings development proposal, which would implement frontage improvements to the median and mirror the bike lane improvements on the western side of Isabel Avenue. Therefore, staff does not recommend changes to the design of the bike lane buffers on Isabel Avenue.
Recommended Condition of Approval:
Prior to Final Map approval, the applicant shall revise the design of the Class IV bike lane on the project’s Portola Avenue frontage to provide a 1-foot buffer and 6.5-foot bike lane, transitioning into a 9.5-foot shared right turn and bike lane.
7. Consider the tradeoff of implementing the proposed Class IV bike lanes with the project versus collecting in-lieu fee payment and implementing improvements at the time the adjacent parcels along Isabel Avenue develop.
Staff Discussion:
This recommendation acknowledges the importance of efficiently and consistently constructing the bicycle network and other public improvements. Staff has considered the timing of frontage improvement implementation and the possibility of the developer paying in-lieu fees for frontage improvement obligations, which would then be installed later. As stated in the Engineering Considerations, the applicant is required to coordinate design and construction of frontage improvements with the City and the developer of the Isabel Crossings project (across the street) to ensure continuity in design and timing of implementation (Attachment 14, Exhibit B). Other factors worth considering are that the City has a backlog of other Capital Improvement Program projects to pursue citywide, which could delay future implementation if the City collects fees and takes on responsibility for completing these improvements, and that any fees paid today will likely have a reduced capacity to cover all project costs in the future due to the impact of inflation. Therefore, staff does not recommend changes to the conditions of approval related to the timing of frontage improvement implementation.
The proposed conditions of approval, as revised, further support the Site Plan Design Review findings that the project is designed to 1) provide efficient and safe public access for pedestrian and vehicles; 2) 256
avoid being detrimental to adjacent properties; and 3) be harmonious with existing development [Livermore Development Code section 9.07.050 (C) (2) (3)]. For these reasons, staff supports the Planning Commission recommendations as identified above and has incorporated them into the Conditions of Approval (see Attachment 14, Exhibit B).
CONSISTENCY DETERMINATION SUMMARY
The Planning Commission approved Consistency Determination (CD) 24-005 by Resolution No. 09-24, determining that the City’s acquisition through in-fee dedication of approximately six and a half acres of the project site to remain as open space and the vacation of an existing maintenance easement, in part or whole, is consistent with General Plan policies. A detailed analysis of the Consistency Determination is included in Attachment 1.
ENVIRONMENTAL DETERMINATION
As described in the Environmental Resolution (Attachment 10), the project is exempt from the California Environmental Quality Act (CEQA) under Government Code 65457 and CEQA Guidelines Section 15182 (c), which exempts residential projects that implement a Specific Plan and Public Resources Code section 21083.3 and CEQA Guidelines Section 15183, which exempts projects consistent with a Community Plan, General Plan, or Zoning.
FISCAL AND ADMINISTRATIVE IMPACTS
There are no significant fiscal or administrative impacts associated with the project. Staff time allocated to land use entitlement review is offset by required entitlement application fees. The incremental increase in demand for water, sewer, and stormwater services will be offset by required impact fees and utility connection fees. All new onsite streets, parks, and landscaping will be privately maintained by the project’s Homeowners’ Association (HOA). As is Livermore's practice, onsite water and sewer lines would be maintained by the City, the costs of which would be covered by user fees. The project would also annex into the Isabel Neighborhood Specific Plan Community Facilities District to pay for offsite public improvements that will help serve the future residents of this project. In addition, the area open space acquired through in-fee dedication as part of the project will remain under the existing open space easement and will continue to be maintained through an existing Community Facilities District, with no burden on the General Fund.
COMMUNITY PILLAR
2: Economy that Prospers
GOAL
4: Implement the Isabel Neighborhood Specific Plan
GUIDING DOCUMENTS
General Plan
Isabel Neighborhood Specific Plan
Development Code
Citywide Design Standards and Guidelines
ATTACHMENTS
257
1. Staff Analysis - Planning Commission Memorandum
2. Project Location
3. Project Site Context
4. Development Plans
5. Isabel Neighborhood Specific Plan Land Plan
6. Frontage Improvements
7. Density Bonus Letter Request
8. Draft Planning Commission Meeting Minutes
9. Public Comments
10. Resolution - CEQA
11. Exhibit A - Planning Commission CEQA Resolution
12. Resolution - Project
13. Exhibit A - Planning Commission Project Resolution
14. Exhibit B - Conditions of Approval
Prepared by: Shannon
Pagan
Assistant Planner
Approved by:
____________________________________
Marianna Marysheva
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
258
1 PLANNING COMMISSION MEMORANDUM
TO
: Chairperson Anderson and
Members of the Planning Commission
PREPARED BY: Shannon Pagan, Assistant Planner
REVIEWED BY: Stephen Riley, Acting Planning Manager
Ben Murray, Principal Planner
D
ATE: May 21, 2024
SUBJECT: Vesting Tentative Tract Map (VTTM) 8612 – Subdivision (SUB) 21- 007, Site Plan Design Review (SPDR) 21-006, and Consistency Determination (CD) 24-005 for 164 for-sale condominium units located southwest of Portola Avenue and Tranquility Circle, known as the Shea Aura Development.
P
ROJECT DES CRIPTION
T
he proposed project would develop vacant land located southwest of the Portola Avenue and Tranquility Circle intersection in the Isabel Neighborhood Specific Plan area. The project proposes 164 for-sale condominiums, with unit sizes ranging from approximately 1,400 square feet to 1,850 square feet. Thirty-three units would be deed- restricted for residents with median and moderate-income levels and seventeen would be designated as accessible. The project would consist of twenty-one buildings, all with a height of three-stories. Three different building types are included in the project design, including a ten-unit townhome with a two-car tandem garage and rooftop terrace, a six- unit townhome with a two-car tandem garage, and an eight-unit back-to-back townhome with a side-by-side two-car garage.
T
he project would be accessed via two entryways from Tranquility Circle, connecting to Portola Avenue at an existing signalized intersection. In addition to the two entryway roads, one internal roadway would span the length of the development and connect to alleyways throughout the project site, providing access to each residential building.
Along the internal spine road, a vehicular bridge of approximately 63 feet in length would span the existing ephemeral tributary at the north portion of the project site. A grade- separated sidewalk would run along the western side of the internal roadway and internal sidewalks would provide access to all proposed units. Resident parking would be accommodated in each unit’s garage, and guest parking would be provided in common use stalls located throughout the development as well as the existing and proposed public street parking available on Tranquility Circle. Bicycle parking would be ATTACHMENT 1
259
2 provided in each unit’s garage as well as bicycle racks located near each entryway on Tranquility Circle.
Four pocket parks and additional areas of common open space would be dispersed throughout the development, and private open spaces would be provided on unit balconies and rooftop decks. Pedestrian connections along Tranquility Circle and Portola Avenue would be provided via public sidewalks. In addition, the project would establish access to the existing Cayetano Creek Trail, providing pedestrian linkage to Isabel Avenue via the existing trailway.
The project would provide several public improvements, including landscaping and sidewalk improvements along Tranquility Circle. In addition, the project would include frontage improvements on Isabel Avenue and Portola Avenue, including the following: 1) lane restriping on northbound Isabel Avenue along the approach to the Portola Avenue intersection to accommodate a Class IV separated bike lane (on-street bicycle lanes that are physically separated from motor vehicle traffic by a vertical element or barrier such as a curb, bollards, or parking aisle); 2) a protected bicycle intersection connecting northbound Isabel Avenue to eastbound Portola Avenue; 3) a tree-lined park strip and sidewalk along the Isabel Avenue project site frontage; and 4) lane restriping along Portola Avenue to Tranquility Circle to accommodate a Class IV separated bike lane.
Lastly, approximately six and a half acres of the project site would be dedicated in-fee to the City as part of this project to be permanently preserved and maintained under an existing open space easement.
The proposed project requires approval of:
1. A Vesting Tentative Tract Map (SUB) 21-007, which subdivides the property and establishes the site grading, circulation, public infrastructure.
2. A Site Plan Design Review (SPDR) 21-006 land use entitlement for review of the proposed site design, architecture, and landscape.
3. A Consistency Determination (CD) 24-005 to determine the City’s acquisition through in-fee dedication of approximately six and a half acres of the project site and the vacation of an existing maintenance easement, in part or whole, is consistent with General Plan policy.
The Livermore Development Code requires Planning Commission recommendation and C
ity Council approval for projects with subdivisions of five or more parcels. The Planning Commission will operate in its quasi-judicial role in reviewing the proposed project, focusing their recommendation on the project’s consistency with the Isabel Neighborhood Specific Plan, the General Plan, and any other applicable requirements. The one exception is that the Planning Commission makes the final decision on the Consistency Determination application, but that determination will be summarized for the City Council.
PROJECT S ITE CONTEXT
The project site is approximately 14 acres in size and is located southwest of the Portola Avenue and Tranquility Circle intersection. The project site is bounded to the north by ATTACHMENT 1
260
3 Portola Avenue, to the east by Tranquility Circle, to the south by an existing stormwater basin and Interstate 580, and to the west by Isabel Avenue (Attachment 2). The project site is primarily undeveloped and clear of any permanent structures, with portions of the site previously graded. The project site is bisected by the existing Cayetano Creek Trail and an unnamed ephemeral tributary to the Arroyo Las Positas creek. Over half of the project site is part of an existing open space easement to accommodate the existing trail and tributary, leaving approximately 6.25 acres of developable land outside of the easement.
The project site is surrounded by a mix of commercial and residential land uses with a community park and open grassland fields interspersed in the area (Attachment 3). The site is situated directly west of the existing Shea Sage residential development and southwest of Cayetano Park. A portion of Isabel Avenue borders the western edge site, and the remaining western edge is bordered by open grassland. The site is situated near residential uses like the Montage and Copper Hill developments to the northwest and office uses like the Copper Hill Business Park and Lam Research further west. The following table summarizes the General Plan land use designation, current zoning classification, and existing land use on the subject property and surrounding properties.
Project Site Context
General Plan
Designation
Current Zoning
Classification
Existing Land
Use
Subject
Site
Isabel Neighborhood Isabel Neighborhood
Specific Plan, Subarea 2a
and Open Space within
Subarea 3a
Vacant, Open
Space
North Isabel Neighborhood Isabel Neighborhood
Specific Plan, Open Space
Cayetano Park
South Isabel Neighborhood Isabel Neighborhood
Specific Plan, Open Space
Open Space
East Isabel Neighborhood Isabel Neighborhood
Specific Plan, Subarea 1e
Residential
STAFF AN ALYSIS
General P lan
The project site has a General Plan land use designation of Isabel Neighborhood Specific Plan. The Isabel Neighborhood Specific Plan seeks to create a safe, vibrant, complete neighborhood; ensure new development is compatible with existing development and community character; and support transit ridership and citywide goals for increased transportation options and housing choices [Livermore General Plan Land Use Element, p. 3-23]. The proposal to develop the project site with a residential use is consistent with the land use designation and implements the General Plan goals for the Isabel Neighborhood.
The proposal would provide a mix of smaller residential unit sizes and styles and provide affordable units, increasing housing options within Livermore. The project would also provide a new separated bike lane on Portola Avenue and a portion of Isabel Avenue, as ATTACHMENT 1
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4 well as provide pedestrian connections to adjacent residential developments and streets, increasing Livermore’s transportation options, cyclist and pedestrian safety. The project is designed with high-quality architecture and a robust landscape design, creating a vibrant street frontage.
The project supports policies established in the Land Use Element and the 2023-2031 Housing Element. The Land Use and Housing Elements encourage the provision of housing for all income types on infill locations located near transit services. Twenty percent of the project’s units would be affordable, and the project would develop an existing infill site bounded by urban uses and adjacent to exiting public utilities. The site would be located within .025 miles of an existing and future Livermore Amador Valley Transit Authority (LAVTA) bus stop and nearby the future Valley Link passenger rail station, and within one half mile of Las Positas College. Therefore, the project offers more affordable housing near transit services, jobs, and educational opportunities, consistent with General Plan policies.
The General Plan Community Character Element contains objectives and policies to encourage high quality design that enhances Livermore’s urban design quality, prohibits exterior facades with minimal detailing, and ensures compatibility with existing development. The proposed project achieves these objectives and policies by providing a distinct contemporary architectural style with use of durable and varied materials, including stone, metal, and simulated wood. The exterior façades contain extensive articulation and varied massing, and orient landscaping towards the site periphery, promoting compatibility with surrounding development.
The project also implements policies in the Climate Change Element. For example, the project involves infill development near existing job centers by providing 164 residential units located within walking distance of LAVTA transit service and nearby the future Valley Link high-frequency passenger rail station in the median of I-580 just east of Isabel Avenue. The project also complies with city requirements for electric utilities, water conservation and energy efficiency and implements Climate Best Management Practices by providing rooftop solar arrays, waste stream separation, EV charging ready and capable garages, and use of reclaimed water for landscape irrigation.
No Net Loss Law
The No Net Loss Law, established by Senate Bill 1333, ensures that jurisdictions in California maintain an adequate supply of suitable sites in their Housing Element inventory throughout the Regional Housing Needs Allocation (RHNA) planning period.
This requirement applies to all jurisdictions, including charter cities, and aims to prevent a decrease in housing capacity. Essentially, it mandates that any loss of housing sites that were identified in a prior Housing Element, or a reduction in density and/or affordable units thereon, must be offset by an equivalent gain elsewhere, maintaining a balance in housing resources. Before a jurisdiction can approve a residential development project, a “No Net Loss” evaluation must be completed. If it is determined that a “net loss” would occur as part of the project, findings must be made that either the Housing Element’s remaining sites have sufficient capacity to accommodate the remaining unmet RHNA by each income level or identify and make available sufficient sites to accommodate the remaining unmet RHNA for each income category.
ATTACHMENT 1
262
5 Consistent with Government Code Section 65583(a)(3), the City’s 2023-2031 Housing Element includes a residential sites inventory that identifies lands within the city that are suitable for future residential development and have sufficient capacity by income level to accommodate Livermore’s RHNA (Appendix A of the 2023-2031 Housing Element).
The proposed project would subdivide and develop four existing parcels on the project site, only one of which one is identified in the sites inventory (APN 903-0014-004-00).
The sites inventory identifies this parcel’s residential development capacity at 52 above moderate-income residential units, with no lower income or moderate-income units.
When looking at this parcel in isolation of others included as part of the project site, the parcel will provide 20 above moderate-income units and 2 moderate income units, which is lower than the assigned above moderate-income unit capacity for this parcel in the sites inventory. The overall project provides more than the 52 units identified, however per the No Net Loss Law, this represents a “net loss”, and the following findings must be made:
1. F
inding: Remaining sites identified in the Housing Element are adequate to meet the jurisdiction’s remaining RHNA for the planning period by income category.
Response: T he project site includes three additional parcels (i.e., APNs 903-0014- 005-00, 903-0014-006-00, and 903-0014-007-00) that were not identified in the Housing Element’s sites inventory but have residential land use designations at densities ranging 15-40 dwelling units per acre. These parcels would be developed as part of this project with residential uses per their land use designations.
Collectively, the entire project, including all four parcels, proposes164 total units, of which 131 are above moderate income and 33 are moderate-income units.
Whe
n considering the project site in its entirety, the project would result in a net gain of 79 above moderate-income units and 33 moderate-income units, far exceeding the assigned unit capacity in the sites inventory. Therefore, implementation of the project would immediately offset any loss of housing sites on APN 903-0014-004-00 and positively contribute to the remaining RHNA for the planning period by income category.
2. F in ding: Include a quantification of the remaining unmet need for the jurisdiction’s RHNA at each income level and the remaining capacity of sites identified in the Housing Element, to accommodate that need by income level.
Response: A
s stated in the above finding, implementation of the project would result in a positive contribution to Livermore’s RHNA by income category and does not necessitate quantification of remaining unmet need or the identification of sites with remaining housing capacity.
A
s stated in the findings above, the project would contribute more residential units than anticipated in Housing Element’s sites inventory, positively contributing to Livermore’s RHNA in both the above moderate- and moderate-income categories at the time building permits are issued for the project.
ATTACHMENT 1
263
6 Isabel Neighborhood Specific Plan
Use and Density
The Specific Plan establishes minimum and maximum residential densities in each subarea in order to appropriately manage growth and ensure adequate housing supply.
The project site is in Subarea 2a of the Specific Plan, and includes both Transition and Village zoning designations, which are the Specific Plan’s lowest intensity residential designations (Attachment 4). The Transition designation is applied to Specific Plan peripheries and allows for the lowest intensity of development to ensure compatibility with existing land uses. The Village designation is applied to Specific Plan residential areas that serve as a transition from the lower residential densities on plan peripheries to the denser and more urban core and higher-intensity office areas. Accordingly, the district densities range from 15 to 25 dwelling units per acre for Transition and 25 to 40 dwelling units per acre for Village.
The project proposes condominium-style multifamily residential units, consistent with the uses allowed in the Transition and Village residential zoning designation. In order to facilitate higher densities in support of Specific Plan Transit Oriented Development policy, the Specific Plan also establishes target densities within each Subarea.
Generally, the target density is the midpoint between the minimum and maximum densities across a Subarea. As shown in the plan set’s density exhibit, the project meets the Specific Plan’s targets for Transition and Village densities, at 24.4 units per acre and 31.7 units per acre, respectively (Attachment 5, Sheet C-4).
The Specific Plan also establishes a minimum, target, and maximum number of residential units required by subarea. The project site is within Subarea 2a, which requires a minimum of 163 units, a target of 201 units, and a maximum of 240 units.
The project provides 164 units, which is over the minimum and thereby in conformance with the Specific Plan.
Policies
The project is consistent with the policies established in the Specific Plan, including:
• P- LU-6: Ensure that land uses are compatible with existing residential uses and minimize conflicts between adjacent land uses with respect to scale, safety, noise, privacy, and other potential nuisances and hazards.
• P- LU-17: Ensure that all new development provides ample landscaped areas, private open space, common open space, and publicly accessible open space. Up to 10 percent of the common area requirement may be satisfied through the provision of common indoor areas.
• P- LU-22: Site plans must incorporate pathways to the larger street network, and, where feasible, the open space and trails network.
• P- LU-30: Each product type within new residential developments shall provide at least two-unit types which differ in the number of bedrooms. • G- TRA-2: Establish a comfortable, safe, and efficient network for pedestrians and bicyclists.
• P- TRA-11: Incorporate traffic calming measures to slow vehicle speeds and ATTACHMENT 1
264
7 increase the visibility of pedestrian crossings.
The project provides pedestrian connections to Tranquility Circle and Portola Avenue, connecting the proposed development to the existing street network along those roadways.
Additionally, the project provides pedestrian connections to the existing Cayetano Creek Trail in two locations, ultimately connecting the proposed development to Isabel Avenue (Attachment 5, Sheet L-1). The project also provides sidewalks throughout the site, with one grade-separated sidewalk running along the western side of the internal roadway and internal sidewalks to provide access to all proposed units and the internal pocket park areas. Due to the site configuration, the internal roadway only provides vehicle access to the site via Tranquility Circle thereby eliminating cut-through traffic from the surrounding Major Streets.
The project includes frontage improvements along both Portola Avenue and Isabel Avenue, including lane restriping on both roadways to accommodate Class IV bike lanes (separated from vehicle lanes with a physical barrier) serving to improve cyclist safety and slow vehicle speeds. The project would also be conditioned to provide a protected bicycle intersection connecting northbound Isabel Avenue to eastbound Portola Avenue. For these reasons, the project satisfies Specific Plan policy and helps create a walkable and bikeable neighborhood.
Livermore Municipal Airport
The Livermore Municipal Airport is located approximately 0.75-miles southwest of the project site. In order to protect the airport’s operations and to ensure safety and compatibility of surrounding uses, the County adopted the Livermore Airport Land Use Compatibility Plan (Compatibility Plan), which the City incorporated into its General Plan.
The Compatibility Plan applies to all properties within the Airport Influence Area, which generally extends from Santa Rita Road to North Livermore Avenue, and from Stanley Boulevard to north of the city Boundary.
A majority of the Isabel Neighborhood is located within the Influence Area, including the project site. During its adoption, the Specific Plan was found to be consistent with the Compatibility Plan with respect to building heights, uses, and noise levels. While the project is within the allowed density, and use requirements of the Specific Plan, it exceeds the height restrictions set forth in the Specific Plan. However, the proposed building heights are within the required limits as established by the Compatibility Plan, and therefore do not present a safety or compatibility issue related to building height.
However, both the Compatibility Plan and Specific Plan require the provision of avigation easements and buyer awareness measures for properties within the Influence Area [INSP P-ENV-1]. The Engineering conditions of approval include the avigation easement requirements (Attachment 12, Exhibit A to the Project Resolution). However, to ensure airport operations remain protected and property owners remain informed about potential noise impacts, staff recommends the following:
Recommended Condition: Prior to occupancy, applicant shall record the deed notification provided in the Livermore Executive Airport - Airport Land Use Compatibility Plan, Chapter 3.3.4.6, on the property for which this discretionary development permit is issued, as follows:
ATTACHMENT 1
265
8 NOTICE OF AIRPORT IN VICINITY
This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors).
Individual sensitivities to those annoyances can vary from person to person.
You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you.
Subdivision – V
esting Tentative Tract Map 8612
Lot Size and Residential Condominiums
The proposed Vesting Tentative Tract Map (Map) will subdivide the existing approximately 14-acre vacant parcel into 21 total lots and 25 parcels (Attachment 5, Sheet C-3). Twenty-one lots will accommodate the project’s condominium buildings, twenty-three parcels will be used for project streets and common areas, like the pocket parks, and two parcels will be dedicated in fee to the City and remain as open space.
The Specific Plan does not establish minimum or maximum residential lot sizes or dimensions. However, for reference, the lot sizes range from approximately 7,200 square feet to 15,700 square feet, while the parcel sizes range from approximately 2,200 square feet to 6.5 acres (Attachment 5, Sheet C-3). The condominium residential lots are of a typical size and shape for condominium-style multifamily housing and can adequately support the use. The proposed Map includes all condominium shared common and open space areas and trash collection areas (i.e. within resident garages), as required by Livermore’s Development Code. A condominium map will be filed with the CA Department of Real Estate post entitlement, pursuant to state standards.
Circulation, Streets, and Traffic
The existing street network, including Tranquility Circle and Portola Avenue, will serve the new parcels. Vehicular access would be provided via two new access points, in conformance with the Development Code. Access would be provided from two new driveways connecting to Tranquility Circle. Both driveways will have a minimum width of twenty-six feet, exceeding Development Code standards.
All parcels would have access to the public right-of-way, in conformance with Livermore’s Development Code and the Subdivision Map Act. One new private street and twelve new private alleys internal to the development will be constructed. All streets and alleys would range from 22 to 26 feet in width, exceed the minimum dimensions established by the Development Code and City Standard Details, and would be privately maintained by the project’s Homeowners’ Association (HOA). The alleys would provide access to condominium garages while the street would provide for general circulation.
Pedestrian sidewalks and crosswalks would be provided throughout the development and would connect to the project’s common areas and the public right of way, allowing for ATTACHMENT 1
266
9 ample pedestrian circulation from residences to park space and to the existing and proposed Isabel Neighborhood sidewalk network. All sidewalks would be five feet wide and the project provides an accessible path throughout the development, in conformance with the Development Code and Americans with Disabilities Act (ADA). The project provides pedestrian connections to the city’s sidewalk network and the existing Cayetano Creek Trail, promoting strong project connection between public and private areas (Attachment 5, Sheet L-1).
Alternative Transportation
The City maintains an Active Transportation Plan (ATP) that identifies existing and proposed required trails and bike lanes throughout the city. The ATP identifies key locations for new bicycle lane and trail segments to promote connectivity and encourage use of alternative modes of transportation. As stated in the ATP, Specific Plan standards with respect to active transportation take precedence over the ATP in the Isabel Neighborhood.
In order to promote connectivity and encourage use of alternative modes of transportation, the Specific Plan identifies existing and proposed trails and bike lanes throughout the plan area. The project will provide pedestrian connections to the existing Cayetano Creek Trail from the development, providing pedestrian linkage to Isabel Avenue via the existing trailway (Attachment 5, Sheet L-1). The Specific Plan calls for a Class IV bike lane (on-street bicycle lanes that are physically separated from motor vehicle traffic by a vertical element or barrier such as a curb, bollards, or parking aisle) on Portola Avenue and Isabel Avenue.
The project proposes a Class IV bike lanes on both roadways as well as a protected bicycle intersection connecting northbound Isabel Avenue to eastbound Portola Avenue (see Sheets 1 and 2 of Attachment 6), in conformance with Specific Plan standards. In order to ensure adequate pedestrian and cyclist connection, staff recommends the following conditions of approval:
Engineering Consideration: In order to accommodate the space needed for the installation of the Class IV bike lanes, the applicant shall reconfigure the northbound lanes on Isabel Avenue and eastbound lanes on Portola Avenue along the project frontages as set forth in the Engineering Considerations. The applicant shall provide safe transitions to and from the modified lane configurations to the satisfaction of the City Engineer.
Engineering Consideration: In order to ensure safety, the intersection of Isabel Avenue and Portola Avenue shall be redesigned to provide protection for cyclists utilizing the Class IV bike lane on Portola Avenue and passing through the intersection. The applicant shall install a corner island at the intersection to provide this protection. The revised intersection design shall be coordinated with the Isabel Crossing development to the west of Isabel Avenue.
Parking
The Specific Plan establishes vehicular parking minimums and maximums for each zoning district and requires unit and guest parking in residential zones. Within the Transition and Village districts, the parking requirements increase with the number of ATTACHMENT 1
267
10 bedrooms. Required unit parking will be provided within each unit’s attached garage and guest parking will be provided in various locations along the internal spine roadway and near the project’s entryways. Condominium garages include both tandem and parallel designs. The project conforms to the Specific Plan’s vehicular parking standards as follows:
Room Count Parking
Required
(spaces/ unit)
Parking Provided
– Condominium
(spaces/ unit)
Complies?
2 Bedroom 1.5 – 2 2 Yes
3+ Bedroom 2 – 2.5 2 Yes
Visitor 0.125 – 0.25 0.14 Yes
Project parking also supports the City’s climate goals. Most condominium resident garages will have one Level 2 EV Ready 40 ampere circuit installed. In addition, thirty-six EV Capable stalls are located in garage units throughout the project site (Attachment 5, Sheet C-10). The project will provide one accessible stall and one van accessible stall, in conformance with Americans with Disabilities Act (ADA) requirements. It should be noted that the project would not meet the City’s Green Building Code Standards Section
15.26.070 requiring two Level Two EV Ready 40 ampere circuits to be installed in townhomes with attached garages. The applicant is requesting relief from this standard with a State density bonus Incentive/Confession, as discussed further in the Density Bonus section of this report.
One hundred and sixty-four bike parking stalls would be provided for onsite. All stalls meet Specific Plan requirements with respect to minimum dimensions. One bike stall is provided per condominium unit, located in each unit’s garage, consistent with Specific Plan standards. Per Specific Plan policy, the project is required to provide forty-one guest bike parking spaces to provide guests an opportunity to lock their bikes while visiting the project site and increase the overall number of stalls onsite. In order to ensure adequate guest bicycle parking, staff recommends the following condition of approval:
Recommended Condition: Prior to approval of the project’s improvement plans, the applicant shall identify the placement of the appropriate number of guest bicycle racks (i.e., 1 space per every 4 dwelling units or 41 spaces) on the landscape plans to the satisfaction of the Community Development Director.
Utilities, Services, and Infrastructure
The Infrastructure and Public Services Element of the General Plan and the Development Code require that all new developments have adequate provision of utilities and services like water conveyance, sewer conveyance, and urban fire protection. The Specific Plan EIR found that at Specific Plan buildout, the existing utility and service systems would have adequate capacity to serve all new development in the Isabel Neighborhood. The project density is within the range contemplated by the Specific Plan, for this reason, existing utility and service systems will have sufficient capacity to serve the project.
ATTACHMENT 1
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11 Frontage improvements located in the city right-of-way include a lane restriping along Isabel Avenue and Portola Avenue to accommodate Class IV bike lane with a protected intersection connecting northbound Isabel Avenue to eastbound Portola Avenue. In addition, a new bus turnout would be added on the westbound side of Portola Avenue, north of the project site. The project will be annexed into the citywide maintenance Community Facilities District (CFD), as allowed by the CA Mello-Roos Act, that will cover offsite improvement maintenance costs. The existing storm drain easement in the northeastern portion of the site and a portion of the maintenance easement along Portola Avenue will remain (Attachment 5, Sheet C-3).
The project’s water, wastewater, and stormwater service would be provided by connecting into existing mains along Portola Avenue and Tranquility Circle, ensuring adequate service for each unit. Stormwater would be managed primarily by the stormwater retention basin located directly south of the project site (Attachment 5, Sheet C-2). As is the City’s practice, onsite water and sewer lines would be maintained by the City, while stormwater lines and the basin would be maintained by the local Homeowners’ Association (HOA). The Engineering conditions of approval require regular stormwater facility maintenance to ensure proper function. The Isabel Neighborhood has unique access to recycled water, produced from the Livermore Water Reclamation Plant and generally used for irrigation. In support of Specific Plan and Climate Action Plan policy, staff recommends the following condition of approval:
Recommended Condition: Prior to approval of the project’s improvement plans, the applicant shall demonstrate the project’s use of recycled water for irrigation purposes on the landscape plans, to the satisfaction of the City Engineer. All onsite irrigation shall use recycled water.
Solid waste would be stored in condominium unit garages. Each garage has sufficient space to accommodate trash, recycle, and organic bins, as required by the City’s solid waste and recycling enclosure ordinance. Condominium solid waste will be staged in front of unit garages for collection, as is typical for condominium development in Livermore. Livermore Sanitation, the City’s solid waste franchisee, has reviewed the plans and found the project provides functional and efficient trash truck access (Attachment 5, Sheet C-8 illustrates trash truck access and collection locations).
Emergency vehicle access would be provided from two new driveways along Tranquility Circle. The Livermore Pleasanton Fire Department has reviewed the plans and found the project provides sufficient dimensions for fire truck access and turning movement and that upper floors can be safely accessed with rescue ladders and provides adequate fire hydrant placement around the site (Attachment 5, Sheet C-9 illustrates fire access).
Grading and Soils
The applicant has provided a grading plan, a geotechnical report, and a Phase I environmental assessment for the site. Site elevations generally range from approximately 460 feet above mean sea level to 420 feet above mean sea level, sloping to the southwest. The majority of the site has been rough graded and is essentially level in the areas to be developed.
ATTACHMENT 1
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12 Given the existing slopes on the project site, new retaining walls would be created along the western edge of the development and along the pedestrian walkway connecting the development to Portola Avenue (Attachment 5, Sheet C-6). Retaining walls and landscaping would buffer the western edge of the development from the existing trail and creek, ranging in height from four to seven feet in height. The wall along the pedestrian pathway connecting to Portola Avenue would range from one and a half to four and a half feet in height. The wall design is discussed in the Fencing, Walls, Public Art, and Signage section of this report. Staff supports the proposed retaining walls and recommends the following condition of approval:
Recommended Condition: Prior to approval of the project’s improvement plans, the applicant shall demonstrate that the design and construction the proposed retaining walls adjacent to the creek corridor ensure stability of the project and minimize long term erosion of the multi-use trail to the satisfaction of the City Engineer.
The project also proposes the construction of a clear span vehicular bridge of approximately 63 feet in length over the existing ephemeral tributary in the northeastern portion of the project site (Attachment 5, Sheet L-1). This project component has been designed such that bridge footings would be located above the Ordinary High-Water Mark (OHWM) and outside of the creek banks, in compliance with Chapter 11 of the City’s Design Standards and Guidelines related to Arroyos and Floodplains as well as the Specific Plan Policy P-ENV-20.
Staff supports the proposed grading plan given that it facilitates the residential density contemplated by the Specific Plan. The City Engineer has found the grading plan to meet all City grading standards, the geotechnical report has found the site suitable for development, and the Phase I study has not identified any potential subsurface hazards.
Site P
lan Design Review
The Isabel Neighborhood Specific Plan establishes residential development standards that regulate height, setbacks, and bulk and design standards and guidelines that regulate design for all sites within the plan area. In addition, the citywide Design Standards and Guidelines generally apply to all residential projects throughout Livermore. With the use of density bonus waivers, the project complies with the development standards for the Specific Plan’s Transition and Village areas and the residential Design Standards and Guidelines as described below.
Development Standards
Development
Criteria
INSP Ch. 2
Table 2-2
INSP Standard
Proposed Analysis
Density1
Density
Range
Transition 15-25 du/ac; Transition: 4.8 acres with 117 units at 24.4 du/ac
Complies
Village 25-40 du/ac Village: 1.45 acres with 46 units at 31.7 du/ac Complies ATTACHMENT 1
270
13 Development
Criteria
INSP Ch. 2
Table 2-2
INSP Standard
Proposed Analysis
Height
Minimum
height
Transition: Two stories The development will be three stories in height and exceeds the minimum required building height. Complies
Village: Two Stories
Maximum
height
Transition: Three stories All buildings included in the project have a maximum of three stories in conformance with the Specific Plan.
Complies
Village: Four stories
Scenic Corridor Amendment
Area: Core Area
Maximum building height
above Mean Sea Level
(INSP Figure 2-4)
The project is in the Core Area of the INSP’s Scenic Corridor Amendment Areas. The Specific Plan establishes maximum
building elevations above Mean Sea Level in 4 different segments across the project site (Attachment 5, Sheet C-11).
The project proposes buildings over the established maximum building height elevations in all 4 segments, exceeding the allowable height by a maximum of approximately 19 feet. The applicant has requested a waiver for the building height and scenic corridor requirements, as discussed in the Density Bonus section of this report.
Complies
with density
bonus waiver
Setbacks (same for Transition and Village Designations) Front setback
facing major
streets
20 feet minimum Portola Avenue is classified as a major street in the INSP. The minimum project setback along Portola Avenue is 38 feet, which exceed Specific Plan requirements.
Complies
Setback
facing all
other streets
10 feet minimum Minimum project setback along Tranquility Circle is 10 feet, meeting Specific Plan requirements.
Complies
Interior
Setback (side/
rear)
Min. 15 ft. where abutting
existing residential uses;
otherwise, Min. 5 ft. for first
and second stories; Min. 10 ft.
for third story and above
The project does not abut existing residential uses and therefore is not required to meet the 15-foot setback. The applicant has requested waivers for the reduction the
interior/side setback requirement from any property line that defines a common parcel as well as a reduction for the
minimum setback for the third story, as discussed in the Density Bonus section of this report.
Complies
with
density
bonus
waiver
Building
Separation
Min. 10 ft. separation between
primary windows (living,
dining, bedroom) of residential
units. Porches facing each
other must be separated by
minimum 15 feet along
paseos.
Minimum building separation is 21 feet, exceeding Specific Plan requirements.
Complies
Garage
Separation
Min. 20 ft. paved width for
alleys.
Min. 28 ft. measured garage
face to garage face along
alleys.
Proposed paved width is 22 feet along alleys with a garage separation of approximately 28 feet, meeting Specific Plan standards.
Complies
Open Space and Landscaping1
ATTACHMENT 1
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14 Development
Criteria
INSP Ch. 2
Table 2-2
INSP Standard
Proposed Analysis
Common
Areas
75 square feet per unit; 10-
foot dimension in any
direction.
110.90 square feet per unit for a total of 18,189 square feet (Attachment 5, Sheet C-12)
Complies
Private Open
Space
75 square feet per unit; 8-foot
width and 6-foot depth
All units equal to or greater than 79 square feet
(Attachment 5, Sheet A-1.3)
Complies
Minimum
On-Site
Landscaping
Minimum of 16 trees per acre The project proposes 401 trees (Attachment 5, Sheet L-14).
Using the project site’s developable acreage of 6.25 acres, the project would yield approximately 64 trees per acre, far exceeding the minimum trees per acre standard.
Complies
Note:
1. The acreage used to calculate density, open space, and landscaping requirements is based on the developable acreage of the site.
The developable acreage of the project site is approximately 6.25 acres, defined as areas outside the existing open space easement, the channel areas, and the perimeter slopes.
Open Space
The Specific Plan contains goals, policies, and development standards that require the provision of residential open spaces to enhance the quality of life and aesthetics of the plan area. The open space requirements are provided in-lieu of typical lot coverage standards but work in tandem with the Specific Plan’s building separation requirements to promote light, air, and space within the project. The Specific Plan requires both the provision of common and private open spaces within each development at the minimum ratios specified in the Specific Plan and noted in the table above.
The project meets and exceeds the open space requirements for both common areas and private open space (Attachment 5, Sheet A-1.3). Each condominium floor plan would provide a private balcony, equal to or greater than 79 square feet. In addition, rooftop terraces would be provided in three of the floor plans, ranging in size from approximately 300 square feet to 435 square feet. The project provides approximately 110 square feet of common open space per unit, provided in four pocket parks dispersed throughout the project site (Attachment 5, Sheet L-1), exceeding the minimums. Pocket park furnishings can be found on Sheet L-5 of Attachment 5.
Design Standards and Guidelines
Compatibility, Siting, an d Massing
As adopted by the City Council, the Specific Plan and the citywide Design Standards and Guidelines contain design requirements for new development. The documents specify building massing and form requirements for new residential projects. Specifically, the standards require individualized units, that are differentiated through architectural elements like roof forms or wall planes, and for long facades to be broken into smaller subparts not to exceed 50 feet. These standards work to create more varied and human-scale architecture.
The project proposes three building types: an 8-unit back-to-back condominium, a 6-unit ATTACHMENT 1
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15 tandem townhome, and a 10-unit tandem townhome. Each building type will be three stories in height and range from approximately 37 feet tall to 42 feet tall. The buildings are substantially similar in height to the three-story residential buildings located in the neighboring development to the east, known as Sage, as well as the three-story residential development to the northwest of the site, known as Montage.
The public streetscape along Tranquility Circle will be comprised of street-facing units in the 10-unit and 6-unit tandem townhomes. Consistent with Design Standard DS-43, the street facing elevations have significant plane changes ranging from 4.5 to 2 feet. Contemporary window patterns, stone accents, and metal patio covers and balcony fascias with metal railing and support struts combine for a highly articulated and detailed street presence.
Significant variations in building roof heights and shapes, façade plane changes, and variations in colors and materials create a distinctive project design and active public streetscape.
An existing landscaped stormwater detention basin bounds the southern edge of the proposed community. The basin places the southern edge of the community over 300 feet north of the Sage community’s southern edge. The basin and Sage homes will partially buffer the new community from the freeway and limit views of the new buildings from westbound freeway travelers. Likewise, future development of Specific Plan Site 3a will limit visibility of the proposed buildings from eastbound freeway travelers.
Architecture, M
aterials, and Colors
The Specific Plan allows for contemporary architectural variations of traditional styles and building materials. Preferred materials are to be durable and generally include stucco, stone, wood, and metal.
The design guidelines collectively aim to create developments with high-quality architectural style, rich materials, and compatible colors, as follows:
• INSP-DS-63 Architectural styles for residential buildings that are three stories or less in height shall be limited to traditional or contemporary variations on the following styles: Farmhouse, Craftsman, Folk Victorian, Spanish Eclectic, Mission, and Prairie. Contemporary architectural styles are encouraged, although traditional styles are also acceptable for any building four or more stories in height. The architectural style must be defined for all projects in the Isabel Neighborhood. • INSP-DS-94: The design of townhomes must be articulated such that individual units are differentiated from each other. Individualization could be achieved through varying setbacks, separate, identifiable roof forms, color/material changes, porch/balcony elements, entry treatments, wall projections, or other techniques. • DSG 6.C.1.2.4: Each vertical module of units shall incorporate architectural features that help to individually distinguish them, such as wall breaks, projections, distinct color schemes and individual roof treatments.
• DSG-6.C.4.1.2: Windows shall be used as architectural elements that add relief to the façade and wall surface.
• DSG-6.C.6.1.1: A variety of materials shall be used that emphasize a differentiation between the various components of the building.
ATTACHMENT 1
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16 • DSG-6.C.7.1.1: Exterior building colors should be compatible with the surrounding neighborhood setting and should be in keeping with the geographic and climatic conditions specific to Livermore.
The three building styles share design elements of contemporary Prairie architecture, which is distinct from, but complementary to, the contemporary farmhouse style of the Sage community to the immediate east. Prairie elements include horizontal patterns in wall elements, stone wall accents that extend above the first floor, and canopies that suggest the deep eaves typical of the style. Consistent with the Specific Plan, the building materials include stone, stucco, wood (fiber cement engineered wood siding), glass, and metal. The color palette includes a variety of rich earthtones that will blend well with the surrounding environment. All elevations are articulated with geometric patterns that define individual units while maintaining a cohesive overall design.
Differentiation of individual units is achieved through varying setbacks, separate balconies, distinctive vertical window bays, punctuated by horizontal lap siding, on the second and third floors, and identifiable vertical stucco and stone accents. The architectural renderings on Sheets A1.8 through A 2.1 illustrate the variety of window styles and their context within each building design (see Attachment 5). Sheet A-5.2 provides section and perspective details of the various window styles. The distinctive window patterns add relief to the façades and wall surfaces.
The architecture employs a variety of colors and materials to differentiate components of the building and articulate the building mass. Generous use of stone extending above the ground floors visually grounds the buildings. The varied rooflines include rooftop decks on many units to take advantage of expansive views of the valley. The proposed architecture will provide an attractive transition from the Sage community to the east to the higher density residential and commercial uses in the planned Isabel Crossing (formerly Harridge) development to the west.
Landscape De
sign
The Design Standards and Guidelines and Specific Plan contain landscape standards related to trees, shrubs, and groundcovers. The standards establish minimum quantity, size, and locational parameters, as follows:
• DSG-1.4.1.a: At time of installation, trees should be a minimum 15-gallon pot size or 6 feet tall.
• DSG-1.4.1.b: At time of installation, all street trees should be 24-inch box size and comply with the City of Livermore Standard Details.
• DSG-1.4.1.c: At time of installation, twenty percent of all trees should have a 24- inch box container size or larger.
• DSG-1.4.1.d: At time of installation, shrubs should have a minimum 5-gallon pot size.
• INSP-Table 2-2: Minimum on-site landscaping is 16 trees per acre.
The project’s landscape plan includes a mix of trees, shrubs, grasses, groundcovers, and vines (Attachment 5, Sheets L-14 through L-19). The tree palette includes specimen ATTACHMENT 1
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17 trees like the Coast Live Oak, broad branching shade trees like the Little Leaf Linden and St. Mary Southern Magnolia, and vertical trees like the Brisbane Box. Vertically oriented accent trees would be placed adjacent to building façades along street frontages, helping to soften building massing and to enhance the buildings’ vertical features. Larger tree species, like the London Plane, would be placed along street frontages and in key open areas, while smaller trees would be clustered near pedestrian paseos and walkways, ensuring plantings scale appropriately with their surroundings. All proposed trees will have a minimum 15-gallon pot size, and the project would provide approximately 64 trees per acre, far exceeding the Specific Plan requirement. However, only approximately 5 percent of the trees are proposed to be a 24-inch box size or larger. The Design Standards and Guidelines require that 20 percent of a project’s trees be 24-inch box. In order to satisfy the Design Standards and Guidelines and to ensure adequate shade at planting, staff recommends the following condition of approval:
Recommended Condition: Prior to Improvement Plan approval, the Applicant shall demonstrate on the landscape plan that 20 percent of all onsite trees have a 24-inch box size or larger, to the satisfaction of the Community Development Department Director.
The project’s shrub and groundcover palette include a host of flowering and scented shrubs like Indian hawthorne and California wild lilac. Groundcovers include soft to the touch surfaces like Japanese honeysuckle and jasmine, suitable for families and areas in close proximity to the public walk. Screening shrubs would be planted at building corners and in planter beds along the building base, adding visual variety, color, and a visual transition from public to private space. Vine species include kangaroo vine and American honeysuckle, providing a variety of colors and scents near the public sidewalk. The landscape plans show five-gallon shrub sizes, per the Design Standards requirement of a five-gallon minimum for new development.
The project is conditioned to comply with the City’s Water Efficient Landscape Ordinance (WELO) in order to conserve water, avoid invasive species, and ensure irrigation efficiency. The project will use less water than allowed, contain no high-water using plants, utilize drip irrigation, and use recycled water use for all project irrigation. For these reasons, the project promotes efficient use of water resources. Portions of the plant palette are also California natives and pollinators that are conducive to birds, butterfly, and beneficial insects like bees. In this way, the plant selection would be well suited to Livermore’s climate and will promote increased biodiversity, furthering Specific Plan and Climate Action plans goals.
All landscaping will be maintained by the site’s future Homeowners’ Association (HOA).
The proposed trees and shrubs will create a welcoming and comfortable outdoor space and, as conditioned, are consistent with the citywide Design Standards and Guidelines and the Specific Plan.
Fencing, Walls, Public Art, and Signage
The applicant has included with the landscape package a wall and fence plan along with proposed materials (Attachment 5, Sheets L-8 and L-12). The project proposes guardrail fencing, approximately 4 feet in height, along the western retaining wall closest to the ATTACHMENT 1
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18 western edge of the development. As conditioned, the project will provide additional guardrail fencing at any retaining wall location more than three feet in height, ensuring pedestrian safety.
As described in the Grading and Soils section of this report, the location of the site as it relates to the existing Arroyo Las Positas tributary, and the perimeter slopes necessitates retaining walls along the project periphery. The retaining walls will be constructed using split face geo blocks of grey or tan coloration. All retaining wall sections will be horizontally stepped, creating two wall segments with a landscaped planter in between (Attachment 5, Sheet C-5 Sections D-D, E-E. F-F, and H-H and Sheet C-6 for section locations). The landscape palette includes shrubs and climbing vines for the stepped planter area that would cover the wall surface at maturity (Attachment 5, Sheet L14). The stepped design will reduce the wall massing into more pedestrian friendly segments and the landscape will provide for natural screening and urban habitat. Staff supports the proposed retaining wall design, with the following condition of approval:
Recommended Condition: Prior to Improvement Plan approval, the applicant shall ensure all retaining walls are a maximum of six feet in height and for sloped areas where multiple retaining walls are proposed, the retaining walls shall maintain a minimum separation width equal to the height of the tallest adjacent retaining wall. In addition, the ground area between the retaining walls shall have a maximum slope of 3:1 (Specific Plan Policy DS-83).
The applicant has also shown potential locations for public art and signage(Attachment 5, Sheet L-1). Both would be located in prominent areas near entry ways or street frontage for visibility and public enjoyment. Staff supports the inclusion of public art and community identification, but recommends the following conditions of approval:
Recommended Condition: Prior to sign installation, the applicant shall submit for, and receive approval of, all required sign design review and building permit applications.
Recommended Condition: Prior to Final Occupancy of the first building permit, the applicant shall obtain City of Livermore Commission for the Arts approval for all proposed public art and shall provide proof of approval to the satisfaction of the Community Development Department Director.
Consistency D
etermination
California Government Code Section 65402(a) requires that if a General Plan has been adopted, no real property shall be acquired by dedication or otherwise or sold for public purposes until the location, purpose, and extent of such acquisition or disposition has been shown to be consistent with a local jurisdiction's adopted General Plan. This includes acquiring property through dedication and vacation of easements through abandonment.
The project proposes the in-fee dedication of approximately seven acres of land to the City, Parcels V and W (Attachment 5, Sheet C-3). Portions of Parcel V were previously ATTACHMENT 1
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19 placed under an open space easement as part of an Easement and Dedication Agreement dated July 8, 2002. City acceptance of Parcel V through dedication was established in the Development Agreement (No. 114-97) between the City of Livermore and Shea Center Livermore, and Amendments thereafter. Per these agreements, the City anticipated accepting the offer of dedication for Parcel V when the property developed, with the understanding that the parcel would be remain as under the exiting open space easement and continue to be maintained with an existing funding source, Community Facilities District 2016-1. Upon project approval, staff supports acceptance of the offer of dedication for Parcel V, totaling approximately six and a half acres (Attachment 7).
City acceptance of Parcel W was not identified as part of the Development Agreement and Amendments thereafter. As such, staff does not support the offer of dedication for Parcel W at this time and recommends Parcel W remain privately owned and maintained upon project approval.
The existing maintenance easement along Portola Avenue in the northern portion of the project site would be abandoned and removed partially or in whole, as appropriate from the Tentative Map as part of this project (Attachment 7). The maintenance easement was created with the development of Portola Avenue to ensure adequate access and maintenance could occur in the event of slope failure along Portola Avenue. With the dedication of Parcel V to the City, this area would become city-owned land and a maintenance easement would no longer be necessary for the City to maintain this area.
Acquisition of Parcel V through dedication and vacation through abandonment of the existing maintenance easement does not conflict with any General Plan policies and does not detrimentally affect the implementation of the General Plan. It would allow for the continued protection of this area as open space though the existing Easement and Dedication Agreement, maintain maintenance access, and facilitate project construction, implementing the following General Plan policies and actions:
• Lan
d Use Element (Goal LU-3) (Objective LU-3.1): Create neighborhoods near transit that include a mix of uses and a range of housing types to meet the needs of all residents.
• Lan
d Use Element Goal LU -4: Ensure that new development mitigates significant environmental, design, and infrastructure impacts.
• O pen Space and Conservation Element (Goal OSC -2): Conserve Livermore’s waterways, tributaries and associated riparian habitats.
Housing and
Affordability
Affordability
As in the greater Bay Area region, there is an urgent and significant need for affordable housing in Livermore. In support of the City Council's priority to increase and expand affordable housing opportunities, the Specific Plan contains affordability requirements for all new development. Each new residential project in the Isabel Neighborhood is required to designate 20 percent of the units as affordable, with different percentages ATTACHMENT 1
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20 allocated to different incomes depending on the unit type. Fractions of units are to be combined and provided as additional affordable units at the lowest income required. The project complies with all Specific Plan affordability requirements as described in the following table.
Required
Percentage for
For-Sale Units
Required
number of Units
Proposed
Number of Units
Complies
5% Median
Income
8.2 9 Yes
15% Moderate
Income
24.6 24 Yes
According to the California Department of Housing and Community Development 2023 Income Limits, an Alameda County family-of-four Median Income is $147,900, while a Moderate Income is $177,500.
The City Council has also adopted an Inclusionary Housing Ordinance, which establishes citywide affordability requirements that identify performance standards for affordable units. As required by the Inclusionary Housing Ordinance, all affordable units must:
1. Be representative of the project as a whole, with comparable unit type and bedroom mix.
2. Appear the same as the market-rate units.
3. Contain the same average number of bedrooms as market-rate units.
4. Contain the same bathroom to bedroom ratio as market-rate units.
5. Have the same market-rate amenities, like air conditioning and laundry facilities.
6. Meet or exceed the minimum floor areas identified in the Inclusionary Housing Ordinance (LDC 10.06.050 - Table 10.2).
7. Reflect the overall market-rate product type mix.
8. Be dispersed throughout the project site.
The project meets most of the required performance standards identified above. All units will have the same architectural style and contain the same amenities; the affordable units provide the same average bedroom count and the same bathroom to bedroom ratio as the market rate units; and each affordable unit exceeds the established minimum unit size.
However, the market-rate condominiums do not satisfy the “representative of the project as a whole” standard, given that the applicant only proposes affordable units for one of the three building unit types and one of the seven floor plan types (Attachment 5, Sheets C-13). The Inclusionary Housing Ordinance generally requires that affordable units be allocated to each floor plan type. In this case, Floor Plan One is the only plan with affordable units and has the smallest footprint but the same number of average bedrooms.
A
lthough the proposed affordable housing plan does not fully conform to Livermore’s Inclusionary Housing Ordinance requirements, the applicant has submitted for a State Density Bonus Incentive/ Concession to remove the “representative of the project as a ATTACHMENT 1
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21 whole” requirement, as allowed under CA state law and as described in the Density Bonus section of this report. Staff supports the remainder of the proposed affordable housing plan.
Housing Crisis Act
The Housing Crisis Act (SB 330) became California law on January 1, 2020, and made numerous changes to the procedures for processing, reviewing, and approving housing development projects during the declared statewide housing emergency. The law remains in effect until January 1, 2030, unless extended. Specifically, the new law:
• Created an optional “preliminary application” process for housing developers that freezes development standards and fees as of the submittal date; • Amended the Permit Streamlining Act to clarify the timeframe and procedures for determining whether a development application is complete; • Added provisions to the Housing Accountability Act to ensure only objective standards are used to deny or reduce the density of a housing development project;
• Limited the number of hearings that may be held on a housing development project to five; and
• Limits actions to reduce residential development capacity or implement growth control measures and imposes replacement housing and relocation requirements for projects that demolish residential units.
The applicant provided all the necessary information to qualify for relief under the Housing Crisis Act upon initial application submittal on February 3, 2023. Therefore, all development standards and fees applying to the project were vested at that date. No changes have occurred to the Specific Plan since February 2023, however. In addition, given that the Specific Plan was adopted after January 1, 2020, all subjective design standards within the plan cannot be used to evaluate the project. However, the Specific Plan references the citywide Design Standards and Guidelines, which were adopted prior to January 1, 2020. Therefore, subjective standards from the adopted 2004 citywide Design Standards and Guidelines were still used during project review.
The project review has taken place within the timelines and quantity of hearings specified in the law. No residential demolition nor growth control is part of this project, and the City has terminated its Housing Implementation Program (HIP), which generally limited the annual number of units constructed. For these reasons, the project review process and the review standards used are consistent with the provisions of the Housing Crisis Act.
Density Bonus
The State of California encourages the production of affordable housing through its Density Bonus statute [California Government Code Section 65915-65918]. These provisions allow projects that contain a certain percentage of affordable units to qualify for:
1. Density Bonus;
2. Waivers of development standards; and
ATTACHMENT 1
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22 3. Developer incentives/ concessions
The Density Bonus allows projects to exceed the maximum residential density on a particular parcel. The development standard Waivers allow a project to disregard a development standard that precludes the allowed density. An unlimited number of Waivers may be granted. The developer Incentives/Concessions allow a project to disregard a certain number of development standards if removing the standard would result in quantifiable cost reduction. The more affordable the project, the more Incentives/ Concession shall be granted, up to a maximum of four.
The project allocates 20 percent of for-sale units to moderate income households, which qualifies the project for a Density Bonus, unlimited Waivers, and two Incentives/ Concessions. The applicant is not proposing a Density Bonus, but is proposing to use five Waivers and two Incentives/ Concessions (Attachment 8), as follows:
1. D
evelopment Standard Waiver – Building Elevations: Waive the requirements of the Specific Plan’s Scenic Corridor Amendment Area Policy to allow building elevations (i.e., building height) to exceed the maximum allowable in each segment of the project site as defined in Figure 2-4 of the Specific Plan, such that Scenic Corridor maximums will be exceeded by approximately 1 foot at the lowest and 19 feet at the highest.
2. Development Standard Waiver – Setback (Side/Rear Property Line): Waive the requirements of the Specific Plan’s Property Line Setback (Side/Rear), such that no setback applies.
3. Development Standard Waiver – Setback (Side/Rear Common Area): Waive the requirements of the Specific Plan’s Common Area Setback (Side/Rear), such that no setback applies.
4. Development Standard Waiver – Setback (Side/Rear Interior Third Story):
Waive the requirements of the Specific Plan’s Interior Third Story Setback (Side/Rear), such that the 10-foot minimum setback for the third story is reduced to a minimum of 5 feet for the third story and above.
5. Development Standard Waiver – Relief from Electric Vehicle (EV) charging requirement: Waive the requirements of the Livermore Municipal Code Section 15.26.080 requiring two Level 2 EV Ready spaces be provided in townhomes with attached private garages with two parking spaces, such that 129 Level 2 EV Ready spaces and 36 Level 2 EV Capable spaces would be provided.
T
he requested waivers would facilitate the building forms and densities contemplated by the Specific Plan and would allow for three-story condominium units to be loaded along alley ways, which is typical of this type of development throughout Livermore. The current Specific Plan standards require ten-foot side and rear setbacks along such alleyways, which functionally reduces the allowed density and counteracts the Isabel Neighborhood’s Transit Oriented Development goals. In addition, such setback requirements likely preclude townhome style development with attached units on ATTACHMENT 1
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23 separate lots. Without these waivers, the project would have a difficult time meeting the required density range.
According to State Density Bonus law, the City shall grant development standard Waivers for affordable housing projects that qualify, unless one of the following findings can be made [Government Code Section 65915 (e)(1)]:
1. The waiver or reduction would have a specific, adverse impact, as defined in paragraph (2) of subdivision (d) of Section 65589.5, upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.
Findings: T
he reduction of the side and rear setback to zero would not result in a specific adverse impact upon public health and safety. The change in setback would not modify the project’s alley or street widths nor building separation. The internal access lanes would still be of a sufficient width to accommodate emergency vehicles and trash pickup and promote underground utility conveyance. In addition, the project still meets the Specific Plan’s building separation requirements, ensuring adequate light and air between units. Although the buildings will be closer to internal lot lines than allowed in the Specific Plan, the street frontage and external setbacks will remain, ensuring adequate separation and provision of open space along the project periphery and promoting compatibility with adjacent properties.
T
he exceedance of building elevations over that allowable per the Specific Plan’s Scenic Corridor requirements for the Core Area would not result in a specific adverse impact upon public health and safety. The proposed building heights are within the required limits as established by the Airport Land Use Compatibility Plan, and therefore do not present a safety or compatibility issue related to building height. However, both the Airport Land Use Compatibility Plan and Specific Plan require the provision of avigation easements and buyer awareness measures for properties on the project site, and this is a condition of approval for the project.
2. The waiver or reduction would have an adverse impact on any real property that is listed in the California Register of Historical Resources.
Findings: T
he property is not listed on the National Register of Historical Resources, the California Register of Historical Resources, nor on the City of Livermore’s Historical Resources Inventory. No historic resources would be materially impaired.
3. Th
e waiver or reduction would be contrary to state or federal law.
Findings: Setback dimensions are established by local ordinance. The setback reduction incentive would not violate any State or Federal law. In addition, the setback reduction only applies to interior lot lines and would not cause the project to encroach on any sensitive habitat, riparian areas, wetland areas, or state or federal property.
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24 Restrictions on building elevations (i.e., building heights) are also established by the INSP the Scenic Corridor Policy Amendment Areas map, which is intended to preserve some key views from I-580 within the Planning Area, but also acknowledge some taller building will block views of the hills to achieve other Plan goals. In addition, due to the project’s proximity to the Livermore Municipal Airport, it is subject the Federal Aviation Administration’s (FAA) height standards. The project complies with FAA height standards.
Given that none of the findings above can be made, the City shall grant the requested Waivers to the project applicant. Staff supports the proposed height and setback Waivers given that it supports Specific Plan policy of providing dense attached development and does not constitute an adverse impact on the public health and safety nor the environment.
Developer Incentive/ Concession –
Affordable Comparability:
The developer is requesting a concession/incentive to vary from the comparability requirements of the Inclusionary Housing Ordinance, such that each floor plan type and building type do not need to include affordable units, and all affordable units can be located in the Back-to-Back building type and designed with Floor Plan One.
According to State Density Bonus law, the City shall grant developer Incentives/ Concessions for affordable housing projects unless one of the following findings can be made [Government Code Section 65915 (d)(1)]:
1. The Concession or Incentive does not result in identifiable and actual cost reductions, consistent with subdivision (k), to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in subdivision (c).
Findings: T
he requested Incentive/ Concession to waive the affordable comparability requirement and concentrate the affordable units in Floor Plan One of the Back-to-Back building type will result in identifiable, financially sufficient, and actual cost reduction. The applicant has indicated actual costs savings of approximately $2,217,000. This amount represents the estimated additional loss of project revenue that would be the result of providing a representative mix of floor plans as affordable units compared to the units the applicant has proposed to be designated affordable. The units requested by staff also have higher construction costs than the units proposed by the applicant, which is separate category of cost savings. For this reason, overall project costs will be less, and revenues will be more by concentrating the affordable units in Back-to-Back building type with Floor Plan One, rather than providing affordable units in each floor plan type.
2. T
he developer incentives would have a specific adverse impact, as defined in paragraph (2) of Subdivision (d) of Section 65589.5, upon public health and safety or the physical environment or an any real property that is listed in the California Register of Historical Resources and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households.
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25 Findings: Designating different affordable units would not result in a specific adverse impact upon public health and safety, the physical environment, or any real property that is listed in the California Register of Historical Resources.
Modifying which units are affordable does not impact the physical development or env
ironment and is instead a regulatory action. In addition, all affordable units will still provide for sleeping, restroom, and cooking areas. The affordable units would have the same amenities as the for-sale units, like laundry and air conditioning, and will be otherwise indistinguishable from the for-sale units. All affordable units will be adequately served by water, wastewater, and electrical service. For these reasons, concentrating the affordable units into the Back-to-Back building type with Floor Plan One will not adversely impact the health, safety, or wellbeing of affordable residents. The property is not listed as historic in any local, state or national historical register.
3. The developer incentives would be contrary to State or Federal law.
Findings: A
ffordability requirements are established by local ordinance. The affordable comparability incentive/concession would not violate any State or Federal law.
G
iven that none of the findings above can be made, the City is required to grant the requested affordable comparability Incentive/ Concession to the project applicant. In addition, based on correspondence with the California Department of Housing and Community Development, using the Density Bonus to waive Inclusionary Housing Ordinance requirements is an appropriate use of the law, and furthers the California Legislature's goal to increase the state’s production of market-rate and affordable housing.
Sustainability
In support of the General Plan, Climate Action Plan, and Specific Plan, the proposed project will incorporate sustainability measures into its construction and operations. For example, the project proposes rooftop and canopy-mounted photovoltaic arrays that would provide electricity without local emissions. Condominium garages will be Electric Vehicle (EV) ready and capable (providing the necessary wiring and power), allowing residents to more easily use and charge electric vehicles. Garages and trash enclosures will also have sufficient space to accommodate trash, organic, and recycling bins, encouraging composting and recycling activities for all residents. All onsite fixtures would be water and energy efficient.
The project will also efficiently use and treat water onsite. Recycled water will be used for all irrigation and all plants will be medium or low water users. In addition, many species will be natives and pollinators, which are well suited to Livermore’s climate and attract beneficial insects, like bees. Stormwater will be treated in a retention area with natural grasses. The project provides ample pedestrian connections and new class IV bike lanes along its frontages making alternative travel modes more comfortable. The project is also an infill development located nearby the LAVTA 30R line, which serves the West Dublin/Pleasanton BART station. In addition, the project is collocated nearby existing job centers, and will be within one half mile of the future Valley Link station. Thus, residents ATTACHMENT 1
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26 would have walking access to jobs and more efficient forms of transportation, providing more options and potentially reducing their reliance on personal automobiles.
ATTACHMENT 1
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City of Livermore
This map is based on City of Livermore GIS
Information and reflects the most current information
at the time of this printing. The map is intended for
reference purposes only and the City and its staff is
not responsible for errors.
4,000Livermore IT, GIS Services
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1:NAD_1983_2011_StatePlane_California_III_FIPS_0403_Ft_US 333.33 Feet666.70
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PM
Prepared:
Notes:
Scale:
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ISABEL AVENUE
TRANQUILITY
CIRCLE
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666.7 0
NAO_ 1983_2011_StatePlane_California_lll_FIPS_0403_
Livermore IT, GIS Services
City of Livermore
0 333.33 666.7 Feet
Scale:
1: 4,000
This map is based on City of Livermore GIS Prepared:
Information and reflects the most current information
at the time of this printing. The map is intended for 4/30/2024 227 39 reference purposes only and the City and its staff is PM not responsible for errors.
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FiguRE 2-3: SubAREA DiAgRAM
5 ac.
1/2 Mile Radius
1/4MileRadius
0 1000 2000500
FEET
Residential
Transition: 15-25 du/ac
Village: 25-40 du/ac
Center: 40-60 du/ac
Core: 60-100 du/ac
Non-Residential
Neighborhood Commercial
General Commercial
Office Core
Office
Business Park
Airway Business Park
Educational/Institutional
Open Space
Ground Floor Retail/
Overlay Flex Space
K-12 School Overlay
Parking Overlay
New Neighborhood Park/Plaza
Circulation
Valley Link
Existing Street
Proposed Street
Pedestrian Streetscape
Valley Link Pedestrian Bridge
Urban Growth Boundary
Planning Area
S
Subareas
COLLIERCANYON
RD
PORTOLA AVE
ISABEL AVE
NORTH CANYONS PKWY
NORTHCANYONS PKWY
CONSTITUTION DR
INDEPENDENCE DR
AIRWAY
BLVD
KITTY HAWK RD
LINDBERGH DR
NISSEN DR ARMSTRONG ST
AIRWA Y BLVD
E. AIRWA Y BLVD
ISABELAV
E
PORTOLA AVE
E. AIRWA Y BLVD
RUTANDR
DOOLAN RD
INTERSTATE 580
580
Las Positas
College
Valley Link to Isabel Station
Arroy o Las Po s i t a s
Livermore Municipal Airport
Arroyo La s P o s i t a s
Collier Cany on
Cr e e k
A r ro y o L a s P o s i t as
P
I n n ovat i o n
H u b
STEALTH
ST
SUTTER
ST
SHEA CENTER
DR
Cayetano
Park
MAIN ST
S
Cayetano
Creek
S
GATEWAY AVE
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2c
3f
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3d
3e
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3a
2a
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1a
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1 ATTACHMENT 5
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ATTACHMENT 6
363
City of Livermore
1052 South Livermore Ave
Livermore, CA 94550
ATTN: Mr. J ake Potter
Mr. Steve Riley
RE: Shea H omes Portola Av enue, S ubdivision (SUB21-007; VTM 8612) and Site Plan Design Review (SPDR21-005) Density Bonus application
Dear Jake and Steve:
Shea Homes Limited Partnership (SHLP) applied under SB330 for City approval of a Vesting Tentative Map and Site Plan Design Review for the combined applications to construct 164 townhomes as part of a for-sale housing development project. Included in our application for the for-sale project is a proposal to deed restrict 20 percent (20%) of the proposed units – 33 homes – for sale to moderate income households as defined by Density Bonus Law.1 Fifteen percent (15%) of the units would be deed- restricted for sale to moderate income households (100-120% AMI) as defined by the City, with five percent (5%) deed-restricted for sale to median-income households as defined by the City (80-100% AMI).
Because the project proposes to provide over 10% of the units to be sold to moderate income households, we are requesting that this project be considered a Density Bonus project under California Government Code 65915 and Development Code Section 6.02.030.
Government Code Section 65915(e)(1) provides, in part, that “in no case may a city . . . apply any development standard that will have the effect of physically precluding the construction of a development meeting the criteria of subdivision (b) [a density bonus project] at the densities or with the concessions or incentives permitted by this section.” The right to waivers has been broadly interpreted by the courts. (See Wollmer v. City of Berkeley (2011) 193 Cal.App.4th 1329, 1346–1347 [“Standards may be waived that ph ysically p reclude construction of a housing development meeting the requirements for a density bonus, period. [] The statute does not say that what must be precluded is a project with no amenities, or that amenities may not be the reason a waiver is needed.”) “[A] city must offer a waiver or reduction of development standards that would have the effect of physically precluding the construction of a development at the density, or with the requested incentives, permitted by the Density Bonus Law. [] For example, if a city ordinance imposes a building height limitation, a city must waive that limitation for a development that is eligible for a density bonus if imposing the height limit would physically preclude construction of the proposed building with the requested incentives and at the density allowed by the Density Bonus Law. There are no financial criteria for granting a waiver.” (Bankers Hill 150 v. City of San Diego (2022) 74 Cal.App.5th 755, 770.) 1 The Density Bonus Law cross-references Health & Safety Code Section 50093 for the definition of moderate income households: “‘Persons and families of moderate income’ or ‘middle-income families’ means persons and families of low or moderate income whose income exceeds the income limit for lower income households.” (H&S Code § 50093(b). Median income households exceed the income limit for lower income households.
ATTACHMENT 7
364
SHLP is requesting a waiver or reduction from the following development standards:
1) An exception from the height restrictions called for in the Isabel Avenue Specific Plan and the City’s General Plan will be required to achieve the proposed density. As currently defined in the Specific Plan, the height restrictions would prohibit any building taller than a single story on the southern most part of the development parcel, and limit building heights to two stories through nearly half the rest of the property. Sheet C-11 of the Tentative Map submittal package denotes the current scenic corridor maximum building height in 4 different segments of the project area.
The exhibit also notes the top of building elevation (TB) as an absolute elevation that can be compared to the scenic corridor maximum building heights. Shea Homes requests a waiver to allow building heights to exceed the scenic corridor maximums by:
a. 15’ in the 470 max height zone
b. 10’ in the 485 max height zone
c. 7’ in the 490 max height zone
d. 5’ in the 495 max height zone
As part of this waiver, Shea requests the ability to modify the above variances should changes in the project plan make it necessary to exceed the maximum building height by more than has been referenced here.
2) A reduction in the side and rear setback requirements stipulated in the Isabel Neighborhood Specific Plan (INSP) as it relates to the building setback from any property line that defines a common area parcel. Requiring the setback to be measured from the lot lines adjacent to private streets would physically preclude the alley-loaded townhome residences or require loss of units adjacent to common area landscaped parcels. This project was designed to adhere to all setback requirements in the INSP with regards to property lines that define adjoining residential lots or public rights of way. It was not intended by the applicant that the INSP setback requirements would be enforced on common area parcels that define common drive isles, alleys serving unit garages, or other common area landscape parcels that will be held in fee title by the condominium owner’s association. In many locations on the project the face of the condominium building is as close as 5’ to property line for the parcel that defines the common drive aisle serving the unit garages. In another location the building is as close as 12’ to a common area landscape parcel.
3) If determined to be necessary during processing, a waiver or reduction in the side and rear setback requirements stipulated in the INSP as it relates to property lines other than those defining a common area parcel. If the proposed site plan does not conform with required setbacks to other property lines, the livable area or number of townhomes would need to be reduced and would therefore be physically precluded.
4) A reduction of interior side/rear setback requirement from 10’ minimum for the third story and above, to a 5’ minimum for the third story and above. Conforming to the 10’ minimum third story setback requirement would result in a reduction in the total number of units on the project.
5) Relief from the City of Livermore’s local ordinance requiring a second level II car charger in garages for which two parking spaces are provided. Because the project must be “all electric” by local ordinance, the electric load on the individual units if equipped with a second level II car charger would exceed the capacity of a 225A rated subpanel. Pacific Gas and Electric greenbook ATTACHMENT 7
365
regulations section 6.2.1 and 6.2.2 require test bypass facilities for residential meter panels larger than 225 Amps. The utility closets in the proposed architecture cannot accommodate the additional hardware necessary to comply with the test bypass requirement without a major impact on the constructability of the building. Without this waiver it would not be possible to deliver the individual units as proposed without a significant and very expensive redesign of the utility closet that would subtract from the livable space in the homes and result in a decreased total density.
Because the project reserves 20% of its units for moderate income households, it qualifies for two concessions or incentives. (Gov. Code § 65915(d)(2)(A).) Under Density Bonus Law, a “concession” or “incentive” includes both (i) a reduction in site development standards or a modification of zoning code requirements or architectural design requirements including “site or construction conditions” pursuant to “any ordinance, general plan element, specific plan, charter, or other local condition, law, policy, resolution, or regulation” (Gov. Code § 65915(k)(1), (o)(1) [emphasis added]); and (ii) “[o]ther regulatory incentives or concessions proposed by the developer or the city, county, or city and county that result in identifiable and actual cost reductions to provide for affordable housing costs . . .” (Gov.
Code § 65915(k)(3).) The applicant is not required to establish that cost reductions will result. Instead, “[t]he city ... shall bear the burden of proof for the denial of a requested concession or incentive.” (Gov.
Code § 65915(d)(4).) Subdivision (d)(1) provides that the city “shall grant the concession or incentive requested by the applicant unless the city ... makes a written finding, based upon substantial evidence, of any of the following:
“(A) The concession or incentive does not result in identifiable and actual cost reductions, consistent with subdivision (k), to provide for affordable housing costs .... “(B) The concession or incentive would have a specific, adverse impact ... upon public health and safety or the physical environment or on any real property that is listed in the California Register of Historical Resources ....
“(C) The concession or incentive would be contrary to state or federal law.” Schreiber v. City of Los Angeles (2021) 69 Cal.App.5th 549, 555–556.
Livermore Development Code Chapter 10.06 (Dedications, Reservations, Exactions), Section 10.06.050 (Affordable Housing) states that the “developer shall construct reserved units which are representative of the project as a whole, with comparable types of units, bedroom mix, exterior appearance, amenities, and interior fixtures and finishes” and “the number of bathrooms per bedroom shall equal the proportion of bathrooms in the market-priced units.” (10.06.050(a), (c).) Staff has informed the Applicant that these policies require that the affordable component of the Project include each floor plan offered in the Project at the same ratio as those floor plans are offered on project as a whole.
The Applicant requests a concession from the requirement to provide affordable units in multiple floor plans. The project instead will provide for all of the affordable units in a single floor plan currently proposed as the plan #1 in the Back to Back buildings. The plan #1 exceeds the average bedroom count for the project as a whole and exceeds the minimum dwelling unit size required by the City’s Development Code, and generally conforms with all other requirements of the City’s Development Code for affordable units. The City policy to require affordable unit floor plans in a mix representative of the project as a whole is a “development standard” or “construction condition” under Government Code ATTACHMENT 7
366
65915 subdivisions k(1) and h, as well as a “regulatory . . . concession” under Government Code 65915 subdivisions k(3) and therefore the proper subject of a concession.
Providing the floor plans proposed by the Applicant, as opposed to those requested by staff, will result in actual costs savings of approximately $2,217,000. This amount represents the estimated additional loss of project revenue that would be the result of providing a representative mix of floor plans as affordable units compared to the units the applicant has proposed to be designated affordable. The units requested by staff also have higher construction costs than the units proposed by the Applicant which is a separate category of cost savings estimated to be around $28,000 per unit, or an additional $504,00 for a total of $2,721,000 of cost savings.
Shea Homes reserves the right to future waivers, concessions, or reductions in development standards if any come up during the final design process that would preclude the development of the project as proposed in this application or create an identifiable cost impact to the developer.
Under Government Code Section (f)(4), SHLP is entitled to a 15% density bonus. SHLP requests a zero percent density bonus.
SHLP does not request the reduced parking ratios under Government Code Section 65915(p).
Sincerely,
David Best
Community Development Director
Shea Homes, LP
PO Box 5064
Livermore, CA 94551
925-245-3631 (o)
925-525-0162 (m)
ATTACHMENT 7
367
MAY 21, 2024 Draft Minutes PLANNING COMMISSION
P
LANNING COMMISSION
MAY 21, 2024
________________________________________________________________ RE
GULAR MEETING
1 . CALL TO ORDER – The meeting of the Planning Commission was called to order by Chairperson Jacob Anderson at 7:00 pm, held in person at 1016 S. Livermore Avenue.
RO
LL CALL – Present: Chairperson Jacob Anderson, Vice- Chairperson Yolanda Fintschenko, Commissioner Steven Dunbar, Commissioner Daniel Leary, Commissioner Tracy Kronzak.
P
LEDGE OF ALLEGIANCE
2 . OPEN FORUM
C
hairperson Anderson opened and closed the public comment period. 3 . CONSENT CALENDAR
3 .1 Approval of the April 16, 2024 Planning Commission Draft Meeting Minutes.
R
ecommendation:
S
taff recommends the Planning Commission approve the draft minutes.
ON
THE MOTION OF COMMISSIONER DUNBAR, SECONDED BY
COMMISSIONER FINTSCHENKO AND CARRIED ON A 5-0 VOTE, THE PLANNING COMMISSION APPROVED THE DRAFT MEETING MINUTES.
4 . PROJECT REVIEW – NONE.
5 . PUBLIC HEARINGS
5 .1 Hearing to consider a request for Vesting Tentative Tract Map, Site Plan Design Review, and Consistency Determination to develop vacant land located southwest of the Portola Avenue and Tranquility Circle intersection, with a for - sale residential condominium project known as Shea Aura.
R
ecommendation: Staff recommends the Planning Commission adopt Resolutions:
1. Approving Consistency Determination (CD) 24-005;
ATTACHMENT 8
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PLANNING COMMISSION Draft Minutes MAY 7, 2024
2. Recommending the City Council adopt a resolution finding that the project is exempt under the California Environmental Quality Act, in accordance with California Government Code Section 65457 and CEQA Guidelines Section 15182 (c), Projects Pursuant to a Specific Plan, and California Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183, Projects Consistent with a Community Plan, General Plan, or Zoning;
3. Recommending the City Council adopt a resolution approving Vesting Tentative Tract Map (VTTM) 8612 – Subdivision (SUB) 21-007 and Site Plan Design Review (SPDR) 21 -006, together with the requested Density Bonus waivers and incentive/concession, subject to the attached Conditions of Approval;
4. Recommending the City Council direct the Planning Manager to file a Notice of Exemption, in accordance with the provisions of the California Environmental Quality Act, subject to project approval.
Assistant Planner Shannon Pagan presented the staff report.
David Best, Shea Homes, indicated he was available to respond to questions.
In response to Commissioner questions, Assistant Planner Pagan confirmed that the elevations shown on the rendering included on Sheet A 1.7 of the Development Plans are not accurate in that the buildings pads are incorrectly shown as sitting at a higher elevation than Portola Avenue. The building pad elevations are lower than Portola Avenue and the proposed switchback trail connecting the community to Portola Avenue will be designed to accommodate the existing slopes onsite. It was also confirmed that access would be provided to the existing Cayetano Creek Trail.
Chairperson Anderson opened the public comment period.
Jean King discussed Livermore’s Regional Housing Needs Allocation (RHNA) goals and the proposed units in the project, requesting more low, very low and extremely low units. She questioned the Isabel Specific Plan affordability requirements. She discussed the proposed incentives and waivers and urged lower income housing.
There were no more speakers, and the public comment period was closed.
Commissioner Leary discussed the requested waivers, questioning the waivers for Level 2 electric vehicle (EV) chargers, and building height and suggested a berm like that included in the 2014 Sage Project.
Commissioner Dunbar suggested a switching system or mechanism for the EV chargers. He discussed the proposed rendering in contrast with the Sage development and suggested softening the freeway facing side (south). He questioned the open space on the most southern portion. Acting Planning Manager Riley explained the parcel was considered part of usable open space, and the project proposed more passive open space including shade, grass and play areas . Principal Planner Benjamin Murray stated the detention basin was attractive open space .
Commissioner Dunbar referenced the open space at Sage and tradeoffs between both options. He suggested the need to clean up the Development Code requirements for setback to private driveways. Mr. Best discussed the sewer easement limiting open ATTACHMENT 8
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MAY 21, 2024 Draft Minutes PLANNING COMMISSION
space and a trail loop.
Commissioner Kronzak confirmed that the development would complete the Isabel Neighborhood Specific Plan Subareas 2A and 1E and commended staff and the developer. They observed the challenge with providing low-income units when building to sell versus building to rent. In response to Commissioner Kronzak’s suggestion to include native species due to the proximity to the riparian basin, Mr. Best discussed constraints due to adjacency to the trail but agreed to discuss options for native plant species. Commissioner Kronzak explained native flora and fauna; and indicated the ability to make findings that the CEQA exemption was consistent with the Specific Plan requirements.
In response to Vice -Chairperson Fintschenko, Assistant Planner Pag an and Acting Planning Mana ger Riley explained RHNA calculations and the Housing Element site inventory; density requirements and no net loss law; financial constraints related to density; parking on Tranquility Circle; bicycle parking; maintenance of the storm drain system; dedication in fee of Parcels V and W and consistency determination; HOA governance; and VMT analysis.
Commissioner Kronzak requested staff investigate whether the City could enact ordinances t o strengthen protections for homeowners with regards to HOAs as a matters initiated item.
In response to Chair Anderson, Acting Planning Manager Riley indicated Subarea 3A is owned by BA RT. Chair Anderson concurred with Commissioner Kronzak regarding HOAs. Assistant Planner Pagan explained the proposed Shea Aura project and the existing Shea Sage project would have two separate HOAs and there is no agreement in place to share amenities at this time. Chair Anderson suggested guest bicycle parking in the center of the project; stated he liked the design; discussed issues with the elevation of the lot and frustration with lack of scenic corridor views; and suggested London Planes or taller sized trees to screen and shade the southern and western edges of the development.
Commissioner Leary expressed appreciation for the Class 4 bikeway but expressed the need for protected turns. He expressed concern with the vehicular bridge. Mr. Best stated they had reserved the right to construct the bridge when the property developed and has all necessary permits to install the bridge. He explained the retaining walls .
Commissioner Leary agreed with the need for tall trees. He indicated he had questioned why the lot was not lowered but understood it was infeasible.
Commissioner Dunbar discussed the economics of low- income development and suggested the garage doors be as wide as possible. He discussed public comments regarding concerns about trash pickup. Assistant Planner Pag an stated the Livermore Sanitation District had approved the plan. Commissioner Dunbar confirmed the limitations on the City’s regulation of homeowners’ associations; that the project met the open space requirements; a light at Portola could not be added; and the warrants were not met for a second access road. He reiterated the need to ensure pedestrian walkways were ADA and bike accessible and the crosswalks were safe, ATTACHMENT 8
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PLANNING COMMISSION Draft Minutes MAY 7, 2024
suggesting those in the Sage project. He agreed with the recommendation to demarcate parking lines on Tranquility Circle to obtain maximum on-street parking and ensure appropriate distance from crosswalks. He di scussed the VMT mitigation program and urged ensuing the project was transit oriented. He expressed c oncern with the roadway design and need to ensure pedestrian safety. He requested crosswalks at all four corners of Portola and Tranquility and stated he could make the findings for the EV charger waiver. He stated the 30R bus route needed to be updated to serve the area.
Vice-Chairperson Fintschenko indicated satisfaction with the vesting tentative track map, site plan design review , and consistency determination on acquisition of Parcel V through in-fee dedication.
Chair Anderson concurred regarding the crosswalks and need for directional ramps.
He suggested utilizing raised crosswalks where possible and agreed that tandem parking was underutilized and the suggestions for wider garage openings and striping parking on both sides of Tranquility Circle.
The Commission discussed the use of native plants and the necessary height of the trees and determined to define the goal to mitigate heat gain on the western and southern edges.
In response to the Commission, Mr. Best explained Title 24 requirements for modern construction, wall assembly and windows, and the use of landscaping, which would mitigate the heat from the sun on the western side. He discussed individual homeowner selection of window coverings. Acting Planning Manager Riley indicated the project to the west across Isabel Avenue would have the tallest buildings which would shade the proposed units.
In response to Commissioner Leary, Assistant Planner Pagan confirmed that the use a State Density Bonus incentive/concession to waive the City’s Affordable Housing Inclusionary Ordinance was allowed under State law. Acting Planning Manager Riley explained the affordable requirements and discussed State confirmation for use of the same Density Bonus incentive/concession for the Shea Portola project.
Commissioner Dunbar discussed the need to clean up the trail under Interstate 580; and indicated he could make the findings for the staff recommendations. He indicated the following as future policy discussions: size of parks versus usability of small parklets; native plants versus size of growth tradeoff – carbon capture; and EV waivers to allow split amperage and affordability levels. For the project, he recommended staff consider wider garage openings, directional curb ramps, raised crosswalks like Fennel Street, painted parking delineation on Tranquility Circle, consider trade-offs of building now versus in-lieu fees, consider placement of the Class 4 bike lane on other side of the proposed tree strip on Isabel Avenue, and develop strategies to mitigate heat gain on western and southern edges of the development .
ON THE MOTION OF COMMISSIONER DUNBAR, SECONDED BY
COMMISSIONER LEARY AND CARRIED ON A 5 -0 VOTE, THE PLANNING
COMMISSION ADOPTED THE FOLLOWING RESOLUTIONS , RECOMMENDING ATTACHMENT 8
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MAY 21, 2024 Draft Minutes PLANNING COMMISSION
STAFF CONSIDER wider garage openings, directional curb ramps, raised crosswalks like Fennel Street, painted parking delineation on Tranquility Circle, consideration of trade-offs of building now versus in-lieu fees, Class 4 bike lane design, and mitigation of heat gain on western and southern edges of the development.
Resolution 09-24 Approving Consistency Determination CD24-005 for the Shea Aura Development
Resolution 10-24 Recommending that the City Council find that the Shea Aura Development is exempt from the provisions of CEQA
Resolution 11-24 Recommending that the City Council approve Vesting Tentative Tract Map (VTTM) 8612 – Subdivision (SUB21- 007) and Site Plan Design Review (SPDR21-006) for the Shea Aura Development
6. MATTERS FOR CONSIDERATION – NONE
7. MATTERS INITIATED BY PLANNING COMMISSION AND STAFF
Commissioner Kronzak requested the City re-evaluate urban forest policies including inclusion and incentivization of native habitat versus non- native habitat planting , carbon capture, and ten-years moving forward regarding climate change in the region
Vice-Chairperson Fintschenko suggested building on the current study by Livermore Lab Foundation for Police Station.
Commissioner Kronzak requested Staff review possible policy changes for better protection for homeowners afflicted with HOAs and determine the sentiment of the City regarding the scenic corridor in relation to building, density and RHNA goals.
Acting Planning Manager Riley informed the Commission that the General Plan Update would consider scenic corridor policies.
Chair Anderson suggested consider ation of design guidelines to require r aised crosswalks and m inimize or eliminate tandem parking. Acting Planning Manager Riley clarified that HOAs enforces parking requirements.
Commissioner Dunbar requested consideration of EV car charging amperage requirements.
8. ADJOURNMENT – at 9:28 pm to a Regular Planning Commission Meeting on Tuesday, May 21, 2024, at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue.
ATTACHMENT 8
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PLANNING COMMISSION STAFF REPORT ITEM NO. 8.1
DATE: May 21, 2024
TO: Chairperson and Members of the Planning Commission
FROM: Steve Riley, Acting Planning Manager
SUBJECT: These materials were posted online and made available to the public at the same time that they were distributed to the Planning Commission.
RECO
MMENDED ACTION
SUMM
ARY
These materials were posted online and made available to the public at the same time that they were distributed to the Planning Commission.
5.1 Hearing to consider a request for Vesting Tentative Tract Map, Site Plan Design Review, and Consistency Determination to develop vacant land located southwest of the Portola Avenue and Tranquility Circle intersection, with a for-sale residential condominium project known as Shea Aura.
Materials Received: Comment Letters
DISCUSSION
ATTA
CHMENTS
1. Supplemental Materials
Prep
ared by: Michele Donley
Division Clerk
1 ATTACHMENT 9373
2 ATTACHMENT 9374
Suggestion: Shea should amend the building plan for the new community to include more stall parking, street parking or a parking lot for use by residents of both communities.
Trash Collection: The current Sage community has designated trash collection areas for Livermore Sanitation.
At times, it has been difficult for Livermore Sanitation to collect garbage and there has been at least one vehicle in the community possibly damaged by Livermore Sanitation vehicles.
The proposed plan for the new Shea community does not
appear to have adequate space for future residents to place there garbage and recycling bins out.
This could create an issue for Livermore Sanitation as it attempts to collect garbage.
Suggestion: Shea Homes should be aware of its impact to all stakeholders (residents, future residents, and city workers) in its planning process.
The proposed plan should be
amended to account for trash collection areas. This could likely be solved through an increase in stall parking spaces through out the new community.
Shea Homes: As an owner and member of this community since 2016, I lack faith in the transparency and integrity of David Best and Shea Homes for the following reasons:
When the community was new, Shea homes maintained significant control of the HOA.
As such, they oversaw the approval of common areas being handed over to the HOA.
The community has experienced physical and financial impact from these decisions.
Specifically, since at least 2017, the community has experienced significant issues with the vegetation that Shea homes installed to include the irrigation system.
Shea Homes,
with control of the HOA, appeared to hire only enough landscaping services to allow for a lower HOA fee.
Since the HOA has transitioned to an “All Resident” board, additional landscapers have had to be hired to maintain the community. Although the landscapers have helped, the community still suffers from a poorly installed irrigation system which has resulted in numerous leaks throughout the community.
There are also
large areas of the community where plants have died and have not been replaced due to the costs of maintaining the community.
Building Defects: There have been numerous building defects which have led the HOA to enter into arbitration with Shea.
Most recent and notable was the determination that
Shea failed to seal the piping into the homes to prevent migration of rodents from the outside - inside.
This led to a significant rodent infestation from January to April 2024.
What is most concerning is that the defects weren’t just noted in homes built in 2020, during Covid, but also in homes built in 2016 and up.
David Best, as the HOA board president made many promises to the community and then failed to follow through.
One that stands out was Shea’s commitment to resurface
all the roads in the community to account for Shea’s construction traffic. Not only did Shea not follow through on that but there are cross-walk areas on Tranquility that do not have red zones painted around them.
Shea, as the home builder assumes it has control and that the current HOA will allow for the new community to join the Sage Community and overburden our existing amenities and parking.
This appears to be a common disregard for current residents and meets a pattern of activity in which Shea builds home to maximize profits while leaving the owners to deal with after effects.
3 ATTACHMENT 9375
Suggestion: If Shea builds its community, the current board should have immediate oversight and Shea homes should only be allowed one member on the board. This would provide a check and balance to Shea homes.
Suggestion: Shea homes should not be allowed to begin construction until they have addressed the current issues that exist within the Sage community, currently under arbitration.
Thank you for your time.
David Parnell
4 ATTACHMENT 9376
5 ATTACHMENT 9377
6 ATTACHMENT 9378
7 ATTACHMENT 9379
Subject: AURA CONDOMINIUM
Date: Tuesday, May 21, 2024 8:16:48 AM
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Good morning!
I am a concerned resident in a neighboring development (SAGE) and would like to submit a matter of concern with regards to the building of AURA condominiums by a street which is a main one in our community (Tranquility ).
If and when the AURA condominiums are built, I would like the AURA residents to either be made to be a part of and pay a monthly HOA fee like we do at SAGE , or a more prohibitive fencing be placed around our clubhouse, pool, and gym facilities. Currently we already deal with frequent illegal trespassing into the aforementioned facilities (jumping over pool fence by not one but groups of non-residents). I believe the matter will just get worse with the new community. So I propose that they be made to pay the monthly HOA fees to have access to these.
Another issue is parking. We already have a dearth of parking spots in the community and the construction of Aura dwelling units would worsen the parking problem. It would be better if a parking garage or sufficient parking areas be constructed within Aura to provide ample parking spaces. Given that the construction of more dwelling units is inevitable , at least plan for and provide AMPLE parking for residents! thank you.
sincerely,
MAY LLOREN
concerned SAGE resident
8 ATTACHMENT 9380
9 ATTACHMENT 9
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Sage Community. Our amenities, such as the swimming pool and fitness center, are crucial communal spaces located on Tranquility Circle. The lack of amenities in the proposed project may attract non-residents to access our amenities, posing security concerns. Sage residents pay substantial Homeowners Association (HOA) fees to maintain our amenities, and I urge the commissioners to address this concern and seek a resolution before approving the project.
Thank you for considering these concerns. I trust that you will thoroughly evaluate the implications of the proposed project on our community.
Sincerely,
Shrupath Patel
11 ATTACHMENT 9383
Sent: Thursday, June 27, 2024 11:21 AM
To: City Clerk <[email protected]>
Subject: VTTM 8612
Exercise Caution: This message is from outside the City email system. Do not open links or attachments from untrusted sources.
Hello, I am not able to attend the City Council meeting regarding the Tentative Map listed above but I would appreciate it if you could document my concerns. Thank you.
Members of the City Council, City Staff and fellow Livermore residents, I wish to bring up a few issues with the proposed Tentative map submittal. I am a resident in the existing condominiums at Sage, I have looked through the submitted drawings and noticed three things that concern me, the lack of parking, lack of common space and additional traffic.
There are a few guest parking places proposed but, from experience here at Sage, those parking spaces will
be used by the new residents instead of guests
In our community at Sage the residents do not solely use their garages for parking, they use the available spots on the city streets and the guest parking spaces. Our community is already experiencing congestion along Tranquility, Fennel and every other parking space in the community. I am certain that that is going to happen in the Aura development as well, people have trucks or SUV's that don't fit into the garage, and more than two vehicles per residence. I also believe that the new residents will park up and down Tranquility and in Sage's guest spaces. Keep in mind the street frontage on Tranquility near our clubhouse does get heavy usage for parking when the clubhouse is rented and as overflow from youth sports at Cayetano Park. I would implore Members of the city council, city staff members and members of the development team to drive through our community after 7pm and or before 6 am to witness for themselves how congested our parking
is.
The lack of common areas is concerning because, we at Sage feel that the new residents will see our beautiful
facilities and trespass into the pool area or use our other open spaces. Currently we are experiencing a large number of teens from around town hopping the fences and walls into the pool/bbq area.
With new developments coming
in this area without nice common spaces, we as a community feel everyone is going to try and access ours. We as a community do not wish to have the new condos at Aura to be able to buy into usage of our pool, bbq, clubhouse and gym. Our community alone can overwhelm those spaces.
Sage has larger grass areas that are heavily used by dog owners, additional usage for pet relief would put a lot more stress on our grass areas. Our HOA pays for pet relief stations, plastic bags and refuse removal.
As mentioned above Sage has quite a few vehicles that generate traffic and excessive speeds. The developer may want to investigate traffic calming measures along Aura's frontage on Tranquility. Residents speed on that particular section of Tranquility.
And I realize the tough constraints that Shea has to design around and I realize that recent State mandates have dictated higher densities and reduced need for parking but I feel like this is going to be disaster. I realize in the age of Progressivism and Environmentalism that those in power want us out of our cars and use public transit and walk, but the necessary infrastructure to enable that doesn't exist. I would love to see some additional parking added.
Sincerely
ATTACHMENT 9
384
Rob Diestler
ATTACHMENT 9
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RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA
A RESOLUTION FINDING THAT THE SHEA AURA DEVELOPMENT IS EXEMPT
FROM THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT The City of Livermore (“City”) received applications for Vesting Tentative Tract Map (VTTM) 8612 – Subdivision (SUB) 21-007, and Site Plan Design Review (SPDR) 21-006, to develop vacant land located southwest of the Portola Avenue and Tranquility Circle intersection, known as the Shea Aura Development, implementing the Isabel Neighborhood Specific Plan (“Project”). The development includes 164 for-sale condominium units, with 33 affordable units, 17 accessible units, common open space areas including four pocket parks, landscaping, parking, pedestrian connections to existing public right-of-way, and frontage improvements. The applicant has submitted for relief under the Housing Crisis Act of 2019 (CA SB330) and Density Bonus under Government Code section 65915.
On May 21, 2024, at a duly noticed public hearing, the Planning Commission considered the Project, made the necessary findings, and adopted Planning Commission Resolution No. 10-24 recommending the City Council find the Project is exempt from the provisions of the California Environmental Quality Act (“CEQA”).
On July 8, 2024, 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, based upon its own independent review of the Record Evidence and considerations, finds that the Project is a special situation exemption under the California Environmental Quality Act ("CEQA") pursuant to California Government Code Section 65457 and CEQA Guidelines Section 15182(c), which exempts residential projects that implement a Specific Plan where: 1) a public agency has prepared an EIR on a Specific Plan after January 1, 1980, and the residential project conforms to the Specific Plan; and 2) no events described in CEQA Guidelines Section 15162 have occurred.
1. Findings: The Isabel Neighborhood Specific Plan and its Supplemental EIR were adopted and certified in 2020 (SCH #2016042039). The project is located within the Specific Plan’s Transition and Village Zoning districts. The project is consistent 386
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with the allowed residential uses of the Transition and Village zoning districts and is within the minimum and maximum densities of 15 to 25 and 25 to 40 dwelling units per acre, respectively. All required development standards with respect to setbacks, height, open space, and parking have been met, upon making the findings precedent to granting the requested density bonus height and setback incentive, and all design requirements have been fulfilled. Given that State law supersedes local ordinance, the Project’s use of State Density Bonus Law to waive the Specific Plan’s Scenic Corridor Amendment Area Policy requirements related to building height and setback requirements does not result in a Specific Plan inconsistency.
The project provides more open space than required through the provision of pocket parks, private balconies and rooftop terraces, while meeting street frontage setbacks with well landscaped frontages, and is within the minimum and maximum required parking. The project provides frontage improvements along Portola Avenue and Isabel Avenue frontage including Class IV bike lanes, as required by the Specific Plan’s circulation program. Proposed building architecture has a high- quality contemporary design with articulated facades, plane changes, deep window reveals, and multiple material types, as required by the Specific Plan and citywide Design Standards and Guidelines.
As called for in the Specific Plan, the project provides 33 for-sale affordable units to residents with moderate and median incomes. The project also implements Specific Plan policies for a walkable neighborhood that provides housing variety by proposing for-sale unit types with a range of floor plans and connecting the site to the existing pedestrian circulation network through multiple connection points.
The proposed landscape plan conforms to Specific Plan and Design Standards and Guidelines standards by exceeding the required number of trees per acre and providing large shade trees along walks and the public right-of-way. Specific Plan sustainability requirements are also satisfied given that the project proposes rooftop solar arrays, recycled water use for irrigation, California native landscape species, and electric vehicle charging spaces.
The project is conditioned to comply with the Mitigation, Monitoring, and Reporting Program (MMRP) adopted with the certified 2020 Supplemental EIR. In addition, the applicant prepared Phase I, geologic, biological, and noise studies that found no significant impacts would occur beyond those identified in the EIR. Although the project proposes the construction of a clear span vehicular bridge of approximately 63 feet in length over the existing ephemeral tributary in the northeastern portion of the project site, this project component has been designed such that bridge footings would be located above the Ordinary High Water Mark (OHWM) and outside of the creek banks, in compliance with Chapter 11 of the City’s Design Standards and Guidelines related to Arroyos and Floodplains as well as the Specific Plan Policy P-ENV-20. For these reasons, the project wholly conforms 387
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with the Isabel Neighborhood Specific Plan, which was prepared and approved after January 1, 1980.
2. Findings: No substantial project changes are proposed which would require major revisions to the previous Supplemental EIR. The project proposes 164 residential units, consistent with the allowed uses and densities contemplated in the Supplemental EIR. Substantial changes in circumstances have not occurred requiring major revisions to the previous Supplemental EIR, as the site remains vacant, rough graded in the developable areas, and is surrounded by urban development. There is no new information of substantial importance that would result in new impacts not previously discussed, result in more severe impacts, or require modifications to the existing mitigation measures. The applicant-prepared Phase I, geologic, biological, and noise studies found no significant impacts would occur beyond those identified in the EIR and did not yield any new information of substantial importance. Although the project proposes the construction of a clear span vehicular bridge of approximately 63 feet in length over the existing ephemeral tributary in the northeastern portion of the project site, this project component has been designed such that bridge footings would be located above the Ordinary High Water Mark (OHWM) and outside of the creek banks, in compliance with Chapter 11 of the City’s Design Standards and Guidelines related to Arroyos and Floodplains as well as the Specific Plan Policy P-ENV-20. For these reasons, no events described in CEQA Section 15162 have occurred and therefore no further environmental review is required.
BE IT FURTHER RESOLVED,that the City Council of the City of Livermore, based upon its own independent review of the Record Evidence and considerations, finds that the Project is a special situation exemption under the California Environmental Quality Act ("CEQA") pursuant to California Public Resources Code Section 21083.3 and CEQA Guidelines Section 15183, which exempts projects consistent with a Community Plan, General Plan, or Zoning where: 1) the project is consistent with a Community Plan, General Plan, or Zoning Action for which a Lead Agency has certified an EIR; and 2) project-specific impacts are not peculiar to the project site.
1. Findings: An Isabel Neighborhood Specific Plan (Specific Plan) zoning district was established as part of the overall Specific Plan project, as approved by City Council in November 2020. Therefore, the Specific Plan can be considered a “Zoning Action” for purposes of California Public Resources Code section 21083.3 and CEQA Guidelines Section 15183. The City Council certified the Specific Plan’s Supplemental EIR (SCH #2016042039) in November 2020 with Specific Plan adoption.
As described in the Planning Commission staff report, dated May 21, 2024, the Project is consistent with the uses, densities, development standards, and design requirements of the Specific Plan. Given that State law supersedes local ordinance, the Project’s use of State Density Bonus Law to waive the INSP Scenic Corridor Amendment Area Policy requirements related to building height, and 388
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setback requirements does not result in a Specific Plan inconsistency. The project is located within the Specific Plan’s Transition and Village Zoning districts. The project is consistent with the allowed residential uses of the Transition and Village zoning districts and is within the minimum and maximum densities of 15 to 25 and 25 to 40 dwelling units per acre, respectively. All required development standards with respect to setbacks, height, open space, and parking have been met, upon making the findings precedent to granting the requested density bonus setback incentive, and all design requirements have been fulfilled. The project provides more open space than required through the provision of pocket parks, private balconies and rooftop terraces, while meeting street frontage setbacks with well landscaped frontages, and is within the minimum and maximum required parking.
The project provides frontage improvements along Portola Avenue and Isabel Avenue frontage including Class IV bike lanes, as required by the Specific Plan’s circulation program.
As called for in the Specific Plan, the project provides 33 for-sale affordable units to residents with moderate and median incomes. The project also implements Specific Plan policies for a walkable neighborhood that provides housing variety by proposing for-sale unit types with a range of floor plans and connecting the site to the existing pedestrian circulation network through multiple connection points.
The proposed landscape plan conforms to Specific Plan and Design Standards and Guidelines standards by exceeding the required number of trees per acre and providing large shade trees along walks and the public right-of-way. Specific Plan sustainability requirements are also satisfied given that the project proposes rooftop solar arrays, recycled water use for irrigation, California native landscape species, and electric vehicle charging spaces. For these reasons, the Project is consistent with a Zoning Action for which a Lead Agency has certified an EIR.
2. Findings: There are no specific significant environmental effects which are peculiar to the Project or Project Site, as stipulated in CEQA Guidelines subsection 15183(b)(1) through (b)(4), and as described below:
i. Impacts Peculiar to the Project. The Project is consistent with the uses and intensities contemplated in the Specific Plan. Since Specific Plan adoption, no substantial changes have occurred to the project site nor its surroundings. The site remains undeveloped, rough graded in the areas to be developed, and surrounding parcels are still residential in nature. The applicant prepared Phase I, geologic, biological, and noise studies that found no significant impacts would occur beyond those identified in the EIR. Although the project proposes the construction of a clear span vehicular bridge of approximately 63 feet in length over the existing ephemeral tributary in the northeastern portion of the project site, this project component has been designed such that bridge footings would be located above the Ordinary High Water Mark (OHWM) and outside of the creek banks, in compliance with Chapter 11 of the City’s Design Standards and Guidelines related to Arroyos and Floodplains as well as the Specific Plan Policy P-ENV-20. For these reasons, no additional 389
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project-specific impacts have occurred that are peculiar to the project site.
ii. Environmental Impacts not Previously Analyzed as Significant. The Project is consistent with the uses and intensities contemplated in the Specific Plan, therefore, all potential Project impacts have been previously anticipated and analyzed in the Specific Plan EIR. In addition, the project is conditioned to comply with the Mitigation, Monitoring, and Reporting Program (MMRP) adopted with the certified 2020 Supplemental EIR. The Project will implement the mitigation measures, reducing significant project impacts to a less than significant level. The City Council adopted a Statement of Overriding Considerations with the certified 2020 Supplemental EIR.
The project will not exacerbate any significant impacts deemed acceptable in the Statement of Overriding Considerations. The applicant also prepared Phase I, geologic, biological, and noise studies that found no significant impacts would occur beyond those identified in the EIR. For these reasons, there are no significant environmental impacts that were not previously analyzed. iii. Potentially Significant Offsite or Cumulative Impacts. Since Specific Plan adoption, no substantial changes have occurred to the project site nor its immediate surroundings. Surrounding residential uses that were present during the 2020 Supplemental EIR analysis remain. While a majority of vacant parcels surrounding the project site remain since adoption of the 2020 Supplemental EIR, three new residential projects in the Specific Plan located west of the project site were approved over the last two years and are currently under construction. The approved projects are consistent will the use and density contemplated in the 2020 Supplemental EIR. Therefore, the EIR already anticipated the cumulative impacts of these projects. For these reasons, there are no potentially significant offsite or cumulative impacts not previously analyzed in the 2020
Supplemental EIR.
iv. Substantial New Information. Since Specific Plan adoption, no substantial changes have occurred to the project site nor its surroundings. The site remains undeveloped, rough graded in developable areas, and surrounding parcels are still residential in nature. The applicant also prepared Phase I, geologic, biological, and noise studies that found no significant impacts would occur beyond those identified in the EIR. For these reasons, there is no substantial new information that was not known at the time of EIR adoption.
v. Uniform Mitigations and Development Standards. The Project is subject to complying with all applicable mitigation measures adopted pursuant to the Mitigation Monitoring and Reporting Program 390
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(MMRP) for the Specific Plan’s 2020 Supplemental EIR in addition to the uniformly applied development standards of the Specific Plan and Livermore Development Code. The combination of applicable mitigation measures and uniform standards would reduce all potentially significant impacts to a less than significant level. The applicant, or their successors in interest, is required to implement applicable mitigation measures applicable through conditions of approval.
BE IT FURTHER RESOLVED that the City Council of the City of Livermore directs the Planning Manager to file a Notice of Exemption with the Alameda County Clerk, if the project is approved.
The documents that constitute the record of proceedings upon which this decision is based can be found in the City Clerk’s Office, 1052 S. Livermore Avenue, in Livermore, California. This resolution shall be effective upon adoption by the City Council.
On motion of Council Member _______________________, seconded by Council Member _______________________, the foregoing resolution was passed and adopted on July 8, 2024, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Katherine Mirassou
Deborah L. Elam Katherine Mirassou
Acting City Clerk Deputy City Attorney
Exhibit A – Planning Commission Resolution No. 10-24
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397
RESOLUTION NO. ________
IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION APPROVING VESTING TENTATIVE TRACT MAP (VTTM) 8612 – SUBDIVISION (SUB) 21-007 AND SITE PLAN DESIGN REVIEW (SPDR) 21-006
SUBJECT TO CONDITIONS OF APPROVAL FOR THE SHEA AURA
DEVELOPMENT
The City of Livermore (“City”) received applications for Vesting Tentative Tract Map (VTTM) 8612 – Subdivision (SUB) 21-007 and Site Plan Design Review (SPDR) 21-006 to develop vacant land located southwest of the Portola Avenue and Tranquility Circle intersection, implementing the Isabel Neighborhood Specific Plan (“Project”). The Project includes 164 for-sale condominium units, with 33 affordable units, 17 accessible units, common open space areas including four pocket parks, landscaping, parking, pedestrian connections to existing public right-of-way, and frontage improvements. The applicant has submitted for relief under the Housing Crisis Act of 2019 (CA SB330) and Density Bonus under Government Code section 65915.
The Applicant provided all the necessary information to qualify for relief under the Housing Crisis Act of 2019 (SB 330) upon initial application submittal on February 3, 2023.
The Applicant requested five Development Standard Waivers and one Developer Incentive/Concession in accordance with Government Code Section 65915 governing Density Bonuses. Since none of the findings set forth in Government Code Section 65915(d)(1) and (e)(1) can be made, the City is required to grant the Waivers related to building height and setbacks and the Developer Incentive/ Concession related to affordable comparability.
At a duly noticed public hearing on May 21, 2024, the Planning Commission considered the Project and staff recommendation, heard public testimony, made the necessary findings and adopted Planning Commission Resolution No. 11-24, attached hereto as Exhibit A, containing the Planning Commission’s actions and/or recommendations thereon.
On July 8, 2024, the City Council held a duly noticed public hearing to consider the Project, Planning Commission and staff recommendations, 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.
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BE IT FURTHER RESOLVED that the City Council of the City of Livermore has considered the Record Evidence and adopted a resolution finding the project to be exempt from the California Environmental Quality Act.
BE IT FURTHER RESOLVED that the City Council of the City of Livermore has considered the findings made in Planning Commission Resolution No. 11-24, attached hereto as Exhibit A, and the City Council hereby adopts the same findings by this reference and incorporates them as their own findings as part of this resolution. Based upon the City Council’s own independent review of the Record Evidence and considerations, in accordance with the State Density Bonus Law and the Housing Crisis Act of 2019 (SB 330), the City Council hereby approves Vesting Tentative Tract Map (VTTM) 8612 – Subdivision (SUB) 21-007 and Site Plan Design Review (SPDR) 21-006 subject to the Conditions of Approval, attached hereto as Exhibit B, for the Shea Aura Development.
BE IT FURTHER RESOLVED that the City Council of the City of Livermore directs the Planning Manager to file a Notice of Exemption with the Alameda County Clerk.
The documents that constitute the record of proceedings upon which this decision is based can be found in the City Clerk’s Office, 1052 S. Livermore Avenue, in Livermore California.
On motion of Council Member , seconded by Council
Member , the foregoing resolution was passed and adopted on July 8, 2024, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ATTEST: APPROVED AS TO FORM:
/s/ Katherine Mirassou
Deborah L. Elam Katherine Mirassou
Acting City Clerk Deputy City Attorney
Exhibit A – Planning Commission Resolution No. 11-24
Exhibit B – Conditions of Approval
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1 CONDITIONS OF APPROVAL
Vesting Tentative Tract Map (VTTM) 8612, Subdivision (SUB) 21-007 and Site Plan Design Review (SPDR) 21-006
Ves
ting Tentative Tract Map (VTTM) 8612 – Subdivision (SUB) 21-007 and Site Plan Design Review (SPDR) 21-006 to develop vacant land located southwest of the Portola Avenue and Tranquility Circle intersection, implementing the Isabel Neighborhood Specific Plan. The development includes 164 for-sale condominium units, with 33 affordable units, 17 accessible units, common open space areas including four pocket parks, landscaping, parking, pedestrian connections to existing public right-of-way, and frontage improvements.
The applicant has submitted for relief under the Housing Crisis Act of 2019 (CA SB330) and Density Bonus under Government Code section 65915.
Locat
ion: Southwest of Portola Avenue and Tranquility Circle, east of Isabel Avenue
APNs: 903-0014-004-00,
903-0014-005-00,
903-0014-006-00, and 903-0014-007-00
Rec
ommended by Planning Commission: May 21, 2024
Approved by City Council: July 8, 2024
A. PRO
JECT AUTHORIZATION
1. The project shall be in conformance with all City Ordinances, rules, regulations, and policies. The conditions listed below are particularly pertinent to this permit and shall not be construed to permit violation of other laws and policies not so listed.
2. Approval is limited to conformance of the land uses allowed in the Transition and Village zoning districts Subarea 2a of the Isabel Neighborhood Specific Plan and conformance with submitted development plans as conditioned herein. Use of the property shall be limited to those permitted by the Isabel Neighborhood Specific Plan.
3. Ves
ting Tentative Tract Map 8612 and associated Site Plan Design Review shall expire unless a Final Map is filed by July 8, 2026, or a request for extension is received and approved by the City.
A. PRO
JECT SPECIFIC CONDITIONS
The a
pplicant shall respond in writing to all conditions contained in this document and its attachments. Responses shall describe how the condition has been met and shall, where applicable, direct the plan checker to the page and/or drawing detail that demonstrates 409
EXHIBIT B
2 compliance with the condition. A copy of these responses shall be provided with each set of revised plans.
1. Prio
r to approval of first final map, the applicant shall record the deed notification provided in the Livermore Executive Airport - Airport Land Use Compatibility Plan, Chapter 3.3.4.6, on the property for which this discretionary development permit is issued, as follows:
NOTICE OF AIRPORT IN VICINITY
This property is presently located in the vicinity of an airport, within what is known as an airport influence area. For that reason, the property may be subject to some of the annoyances or inconveniences associated with proximity to airport operations (for example: noise, vibration, or odors).
Individual sensitivities to those annoyances can vary from person to person.
You may wish to consider what airport annoyances, if any, are associated with the property before you complete your purchase and determine whether they are acceptable to you.
2. Prior to approval of the project’s improvement plans, the applicant shall identify t
he placement of the appropriate number of guest bicycle racks (i.e., 1 space per every 4 dwelling units or 41 spaces) on the landscape plans, with centralized placement of bicycle loop racks, such as between building 18 and 19,
as well as near the entryways, to the satisfaction of the Community Development Director (revised by staff per Planning Commission discussion on
May 21, 2024).
3. Prior to approval of the project’s improvement plans, the applicant shall demonstrate the project’s use of recycled water for irrigation purposes on t
he landscape plans, to the satisfaction of the City Engineer. All onsite irrigation shall use recycled water.
4. Prior to Building Permit approval, the applicant must meet the ADA parking requirements
, to the satisfaction of the Community Development
Department Director and the City Building Official.
5. Prior to Improvement Plan approval, the applicant shall demonstrate on the landscape plan
that 20 percent of all onsite trees have a 24-inch box size or larger, to the satisfaction of the Community Development Department Director.
6. Prior to Improvement Plan approval, the applicant shall ensure all retaining walls
are a maximum of six feet in height and for sloped areas where multiple r
etaining walls are proposed, the retaining walls shall maintain a minimum separation width equal to the height of the tallest adjacent retaining wall. In addition, the ground area between the retaining walls shall have a maximum slope of 3:1 as feasible and to the satisfaction of the City
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3 Engineer (revised by staff June 25, 2024)(Specific Plan Policy DS-83).
7. Pr
ior to approval of the project’s improvement plans, the applicant shall demonstrate that the design and construction the proposed retaining walls adjacent to the creek corridor ensure stability of the project and minimize long term erosion of the multi-use trail to the satisfaction of the City Engineer.
8. Pri
or to sign installation, the applicant shall submit for, and receive approval of, all required sign design review and building permit applications.
9. Pr
ior to Final Occupancy of the first building permit, the applicant shall obtain City of Livermore Commission for the Arts approval for all proposed public art and shall provide proof of approval to the satisfaction of the Community Development Department Director.
10. Pr
ior to issuance of a Building Permit for residential building, the applicant shall submit a photometric plan and improvement plans, that demonstrate A- Street light levels meet the minimum, 1 foot-candle lighting requirement and
0.5 foot-candle along pedestrian paths, as approved by the Building Official and the Community Development Department Director.
11. Pri
or to issuance of a Building Permit for a residential building, applicant shall provide details of all site furnishings and shade structures on the landscape plans. Amenities shall include at least those identified in the entitlement plans but could include additional amenities such as outdoor cooking areas or activity courts, as approved by the Community Development Director.
12. Pr
ior to Improvement Plan approval, applicant shall demonstrate on the landscape plans that all street frontage trees along Isabel Avenue, Portola Avenue, and Tranquility Circle will be installed to the satisfaction of the Community Development Department Director, and that if there is a conflict with the proposed tree placement and existing utility lines, applicant will cooperate with the Community Development Department Director to resolve such conflict in a way that best preserves the landscaping intent while not unduly burdening the applicant with major relocations of utilities.
13. The a
pplicant is encouraged to consider the use of a local construction workforce who are paid area standard wages (Specific Plan Policy LU- 46 and P-IMP-7).
14. In the ev
ent a Specific Plan Transportation Management Association (TMA) is formed for the Isabel Neighborhood, project shall annex into the association (Specific Plan Policy TRA-22).
15. In the event a programmatic Specific Plan parking management plan is created, 411
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4 project shall participate in the plan (Specific Plan Policy TRA-26).
16. In the event a programmatic Specific Plan wayfinding signage plan is created, project shall participate in the plan (Specific Plan Policy DS-24).
17. Reduce vibration impacts associated with construction activities by requiring construction contractors to implement measures to help reduce vibration levels at nearby sensitive receptors. Measures could include using bulldozers less than 20,000 pounds within 50 feet of residences, quiet pile driving technology, etc. (Specific Plan Policy ENV-7). For all proposed projects, Bay Area Air Quality Management District (BAAQMD; “Air District”) recommends requiring the implementation of all Basic Construction Mitigation Measures, listed in Table 8-1 of the BAAQMD CEQA Guidelines, whether or not construction-related emissions exceed applicable Thresholds of Significance (Specific Plan Policy ENV-14).
18. If, at the time of Building Permit application, the project site is determined to be within identified high risk Overlay Zones surrounding existing hazardous sites, roadways, or TAC sources, shall assess health risks at the location in question and to incorporate feasible design-related risk mitigation measures, such as HEPA filters or equivalent indoor air quality equipment mechanisms, as appropriate and determined in consultation with the City (Specific Plan Policy ENV-12).
19. Project contractors shall reduce construction-related exhaust emissions by ensuring that all off-road equipment greater than 50 horsepower shall operate on an EPA-approved Tier 4 or newer engine. If Tier 4 engines are not commercially available within 200 miles of the project site, EPA-approved Tier 3 engines are permissible (Specific Plan Policy ENV-15).
20. Project contractors shall reduce construction-related fugitive ROG emissions by ensuring that low-VOC coatings that have a VOC content of 10 grams/liter (g/L) or less be used during construction (Specific Plan Policy ENV-16).
21. Project contractors shall reduce construction-related GHG emissions through implementation of the Bay Area Air Quality Management District’s recommended best practices (Specific Plan Policy ENV-17).
22. The applicant shall design the proposed vehicle bridge to span the bed and bank of the creek tributary to avoid placing bridge piers or footings within the creek, within bridge safety limits (Specific Plan Policy ENV-20). The bed and bank of the creek is assumed to be that which was determined in the USACOE Jurisdictional determination Corps File No. 2014-00016S, and RWQCB Site No. 02-01-C1187.
23. Require that construction and structure demolition/modification activities be conducted outside of the bird nesting season (February 1 to August 31) to the extent feasible. Construction activities may be permitted to occur within bird 412
EXHIBIT B
5 nesting season if a qualified biologist conducts a pre-construction survey. The survey shall include the project site and a 250-foot buffer around project site boundaries, if feasible, not more than 14 days prior to site disturbance. If active nests of migratory birds are not detected, further action is not needed. If active nests are detected, an appropriate construction-free buffer shall be established around all active nests. Buffer size shall be determined by the biologist, with typical non-raptor buffers of 25 feet and raptor buffers of 250 feet and shall be periodically monitored by the biologist. After nesting is completed, as determined by the biologist, the buffer is no longer required. Buffers shall remain in
place during the breeding season, or until the biologist has confirmed all chicks have fledged and are independent of their parents. The biologist survey, and any necessary buffer plans, shall be approved by the Community Development Department Director prior to site disturbance (Specific Plan Policy ENV-27).
24. The project shall implement the applicable project-level mitigation measures in the Mitigation Monitoring and Reporting Program (MMRP) prepared for the Isabel Neighborhood Specific Plan, as attached (Exhibit B).
25. All project appliances shall be electric (no gas connections allowed), as set forth in the Isabel Neighborhood Specific Plan Environmental Impact Report Mitigation, Monitoring, and Reporting Program and the Green Building Standards Code, Section 15.26.190 of the Livermore Municipal Code.
26. Transferable Development Credit (TDC) regulations and TDC fees shall be applied to the project consistent with Livermore Development Code Section
4.02.060.
31. All trees adjacent to public infrastructure shall use control features such as root barriers and engineered soils to prevent infrastructure damage, as approved by the Community Development Department Director.
32. Prior to Improvement Plan approval, the applicant shall demonstrate on the landscape plans compliance with the City’s Water Efficient Landscape Ordinance (WELO), as approved by the Community Development Department Director.
33. Prior to Improvement Plan approval, applicant shall demonstrate on the landscape plans exterior backflow preventers shall be screened from public view with landscape or by other appropriate means, as approved by the Community Development Department Director.
34. The project applicant and/or contractor shall treat any human remains encountered during ground-disturbing activities in accordance with California Health and Safety Code Section 7050.5.
35. Prior to receiving a Building Permit for excavation, grading or construction on 413
EXHIBIT B
6 development site, the applicant shall contact the Alameda County Vector Control Services District to determine if any pre-baiting requirements are necessary to control migration of vermin to adjacent property.
36. Prior to Final Map approval, the applicant shall incorporate the use of directional curb ramps, both internal curbs and those connecting to the existing public sidewalk, where practical, to the satisfaction of the City Engineer (recommended by Planning Commission May 21, 2024).
37. Prior to Final Map approval, the applicant shall incorporate the use of raised crosswalks for internal crosswalks within the development, as feasible. The applicant shall explore the possibility of raised intersections at both project entryways as they connect to the main spine road. The feasibility and placement of raised crosswalks or raised intersections on the final improvement plans will be agreed upon by the developer and the City Engineer, with consideration of public safety and functionality for residents, and service and emergency vehicles (recommended by Planning Commission May 21, 2024).
38. Prior to Final Map approval, the applicant shall delineate and stripe parking stalls on both sides of Tranquility Circle, with input from Engineering Transportation, to provide appropriate site lines and turning protection along entryways at both the Aura and Sage communities (recommended by Planning Commission May 21, 2024).
39. Prior to Final Map approval, the applicant shall identify final tree locations on the landscape plans, with consideration of placement of taller shade trees along the western and southern edges of the development, as feasible, to the satisfaction of the Community Development Director (recommended by staff and Planning Commission May 21, 2024).
B. GENERAL CONDITIONS OF APPROVAL
1. Development shall conform to the map designated by the City as Exhibit B-1.
Exhibit B-1 plans shall include but are not limited to subdivision, landscape, and architectural plans reviewed and approved by the Planning Commission and City Council and amended by the applicant to reflect any changes indicated above in the Project Specific Conditions or required by the City in the approval process.
2. The development impact fees (e.g., traffic impact, housing in-lieu, park dedication in-lieu,) and project processing fees due in connection with this permit shall be based upon the fees in effect as of February 3, 2023 (Exhibit C), which is the date of Preliminary Application submittal, pursuant to the requirements of the Housing Crisis Act of 2019 (SB 330), unless otherwise vested under Development Agreement 114-97, as amended.
414
EXHIBIT B
7 3. The Community Development Department may approve minor amendments to the permit, provided that the permit is still in substantial conformance with the original approval.
4. Approval of the Site Plan Design Review and Tentative Tract Map entitlements is not an authorization to commence construction. Building construction, alterations, repairs, sign erection, or occupancy shall not be permitted without prior approval of the Building Division through issuance of any required permits.
5. To the extent permitted by law, the project applicant shall defend, indemnify and hold harmless the City, its City Council, its officers, boards, commissions, employees and agents from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside, or void the approval of the project or any permit authorized hereby for the project, including (without limitation) reimbursing the City its attorney’s fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its choice.
C. ENGINEERING DIVISION – DEVELOPMENT
1. Development shall conform to the attached Engineering Considerations, dated June 5, 2024 (included in Exhibit A).
D. BUILDING DIVISION
1. Project will be required to be designed and constructed to the requirements of the currently adopted California Building Standards Code in effect at the time of Building Permit Application.
E. MAINTENANCE DIVISION
1. The project site’s Homeowners’ Association (HOA) shall perform all onsite landscape maintenance and cover all associated maintenance costs.
F. HOUSING AND HUMAN SERVICES DIVISION
1. Prior to Final Map approval, applicant shall enter into an affordable housing agreement to ensure all provisions of the City’s Inclusionary Housing Ordinance are satisfied pursuant to Livermore Development Code Section 10.06.050, as approved by the Community Development Department Director, except as may be altered by the project’s Density Bonus waivers and concessions.
G. FIRE DEPARTMENT
The Fire Prevention Bureau reviews building/civil drawings for conceptual on-site fire 415
EXHIBIT B
8 mains and fire hydrant locations only. Plan check comments and approval DO NOT include: 1.) Installation of the on-site fire mains and fire hydrants. Specific installation drawings submitted by the licensed underground fire protection contractor shall be submitted to the Fire Prevention Bureau for approval; and 2.) Backflow prevention or connections to the public water mains.
1. FIRE HAZARDS: The project developer shall keep the site free of fire hazards from the start of lumber construction until the final inspection.
2. FIRE CODE: All construction shall conform to the requirements of the 2022 Livermore Fire Code and local ordinances. All required permits shall be obtained prior to work commencement.
3. SITE SAFETY: Site safety during construction shall be in accordance with Fire Code chapter 33.
4. FIRE SPRINKLERS: Automatic fire sprinklers shall be installed in all occupancies in accordance with the 2022 Livermore Building, Fire and Residential Codes with local amendments and ordinances.
5. EMERGENCY RESPONDER RADIO: Emergency responder radio coverage shall be provided in accordance with section 510 of the Fire Code.
6. FIRE PROTECTION FACILITIES: Prior to any construction framing, the applicant shall provide adequate fire protection facilities, including, but not limited to a water supply and water flow in conformance to the City's Fire Department Standards able to suppress a major fire.
7. WATER FLOW AND CONTROL VALVES: All fire sprinkler system water flow and control valves shall be complete and serviceable prior to final inspection.
Prior to the occupancy of a building having a fire alarm system, the Fire Department shall test and witness the operation of the fire alarm system.
8. ELECTRICAL CONDUIT: Electrical conduit shall be provided to each fire protection system control valve including all valve(s) at the water connections.
The Livermore-Pleasanton Fire Department requires electronic supervision of all valves for automatic sprinkler systems and fire protection systems.
9. LISTED: All commercial, industrial, and multi-family residential occupancies shall have valve tamper and water flow connected to a listed Central Station Service in accordance with NFPA 72. Fire Department plan check includes specifications, monitoring, installation, and alarm company certificates. Fire alarm control panel and remote annunciation shall be at location(s) approved by the Fire Prevention Bureau. All systems shall be point identified by individual device and annunciated by device type and point.
416
EXHIBIT B
9 10. HAZARDOUS MATERIALS: Should any operation or business activity involve the use, storage or handling of hazardous materials, the firm shall be responsible for contacting the Livermore-Pleasanton Fire Department prior to commencing operations. Please contact the Hazardous Materials Coordinator at 925/454-2361.
11. FIRE HYDRANTS: Fire hydrants shall be installed at spacing not greater than 300 feet in industrial and commercial developments. Fire hydrants shall be installed at spacing not greater than 400 feet in residential developments.
12. FIRE LANE MARKING: On-site access ways, turn arounds, and internal drives shall be designated as fire lanes and identified as such by red curb striping and posted with signs at locations approve by the Fire Department. Signs shall be according to State standards and read “No Parking – Fire Lane” and must be shown on the plans. The red curb striping, sign location(s), and sign language shall be included in the building permit submittal for review and approval by the Livermore-Pleasanton Fire Department prior to building permit issuance.
a. The following schedule for NO PARKING signs shall apply:
Width Requirements 36 feet or greater No requirements Between 28 and 36 feet Post one side
Between 20 and 28 feet Post both sides
Less than 20 feet Not permitted Cul-de-Sac Not permitted
13. EMERGENCY VEHICLE ACCESS ROADS: Access roads shall have 13 feet, 6 inches unobstructed vertical clearance, 20 feet of unobstructed width (26 feet where occupied building floors exceed 30 feet height), and inside turning radius of 31 feet and outside turning radius of 51 feet. Unobstructed shall mean a clear travel way, excluding parking width, and designed for an emergency vehicle weight of 70,000 pounds under all weather conditions. Unobstructed width shall not include the width of rolled curbs, sidewalks, or non-drivable surfaces. All exterior portions of buildings must be within 200 feet of an access road. Yard and parking area may be able to be located farther than 200 feet from access roads, depending on the specific use.
14. FIRE VEHICLE TURNAROUNDS: Where Fire Department vehicle access through or around a site involves changes in direction or curves, inside radius of 45 feet and outside radius of 55 feet shall be provided to facilitate fire truck turning radius for entry and exit from the site. Dead-end access ways and internal drives shall not exceed 300 feet in length and shall terminate in cul-de-sacs no less than 96 feet in diameter or hammer-head (tee). Standards and options are available through the Livermore-Pleasanton Fire Department, Fire Prevention Bureau. 417
EXHIBIT B
10 15. PREMISES IDENTIFICATION: Address numbers shall be installed on the front or primary entrance for all buildings. Minimum building address character size shall be 12-inch high by 1-inch stroke. In all cases address numerals shall be of contrasting background and clearly visible in accordance with the Livermore- Pleasanton Fire Department Premises Identification Standards. This may warrant field verification and adjustments based upon topography, landscaping or other obstructions.
16. RESIDENTIAL – NEW CONSTRUCTION: The following items shall be provided prior to any construction above the foundation or slab.
a. Emergency vehicle access shall be provided to the site (tract), including areas where construction is occurring.
b. Designated construction material storage and construction worker parking shall not obstruct the emergency vehicle access route(s). c. On-site fire hydrants shall be in service. Fire hydrants shall be flushed and all valves open.
17. MULTI-FAMILY RESIDENTIAL – NEW CONSTRUCTION: Projects with more than 100 dwelling units shall be equipped throughout with two separate and approved fire apparatus access roads.
18. FINAL INSPECTION: Prior to request for final inspection, all access roads, on-site access and fire hydrants shall be provided. All fire hydrants shall be accepted, inspected and tested to applicable City Standards.
H. POLICE DEPARTMENT
1. The project shall be required to conform to the provisions of the security section of the Livermore Municipal Code.
Exhibits:
A: Engineering Development Considerations
B: Isabel Neighborhood Specific Plan MMRP
C: January 2023 Fee Sheet
418
1 DAT
E: May 16, 2024
Revised: 6/5/24 by PC/Staff
E
NGINEERING CONSIDERATIONS - EXHIBIT "A"
(Subject to revision prior to final approval
by Planning Commission and City Council)
TEN
TATIVE TRACT: 8612 (SUB21-007) - Aura
L
OCATION: Tranquility Circle
AP
PLICANT: Shea Homes
N
ote: Special conditions are shown in standard type. Standard conditions that apply to this project are shown in italics. In addition, standard conditions of approval for this project are listed in Section II of the Development Plan Check and Procedures Manual. 1 . DEFINITIONS
F
or the purpose of this agreement, the following words shall have the meanings respectively ascribed to them by this section:
D
eveloper: Person(s) or Corporation(s) signing final map(s) and subdivision agreement(s)
I
mprovement Plans: Construction drawings for required public and private improvements S
ervices: Utility lateral, or any portions of a conduit cable or duct, between a utility distribution line and the site it serves
P
roject: The work to be performed by Developer
2 . VESTING TENTATIVE MAP
A
pproval or conditional approval of this vesting tentative map shall not limit the City Engineer's ability to require workable designs on future grading and improvement plans based upon these Engineering Considerations and the City's standard engineering specifications and details.
T
he existing Maintenace Easement located adjacent to Portola Avenue within Parcel V shall be abandoned as needed on the Final Map.
T
he improvement plans shall show the creek set-back area as defined by Alameda County Zone 7 Water Agency.
3 . GENERAL
EXHIBIT B
419
2 The project shall be in conformance with all City Ordinances, rules, regulations, and policies. The conditions listed below are particularly pertinent to this permit and shall not be construed to permit violation of other laws and policies not so listed.
All required improvements shall be constructed prior to occupancy of the new residential units on this site.
A. IMPROVEMENT PLANS - E
xhibit A-1
An engineered improvement plan shall be prepared by the Developer for approval by the City's Departments (including the Community Development, Public Services, Fire, and Police Department), which shall include, but not necessarily be limited to, existing site conditions, dedications, grading plans, street design and grades, curb, gutter, sidewalk and driveway grades, and type, size and location of all public works improvements as herein required. Approval of this tentative map does not constitute approval of the details shown thereon. If there is any conflict between the tentative map and these Engineering Considerations, the Engineering Considerations shall govern.
No specific phased development plan has been submitted with this tentative tract application.
Therefore, all required improvements for this tentative map shall be constructed as one phase. A phased map could only be considered if a specific phasing plan is submitted for consideration as a tentative map amendment.
B. STANDARDS FOR IMPROVEMENT PLANS AND MAPS
All improvement plans and maps shall conform to the following City of Livermore documents except as modified by these engineering considerations:
1. City of Livermore Standard Specifications and Details
2. Development Plan Check and Procedures Manual
Completed final map and improvement plan checklists from the manual entitled "City of Livermore, Development Plan Check and Procedures Manual" shall be submitted with the first plan check submittal for each phase.
C. S
TANDARD CONDITIONS OF APPROVAL IN THE DEVELOPMENT PLAN
CHECK AND PROCEDURES MANUAL
All of the standard conditions of approval for subdivisions and major projects as listed in Part II of the City of Livermore Development Plan Check and Procedures Manual apply except for the following: A-2, A-3, A-4, A-10, B-7, B-8, B-9, B-10, B-11, B-13, B-14, B-16, K-1, K-2, and K-3.
D. WORK IN OTHER JURISDICTIONS
The Developer is responsible for obtaining permits and approvals for construction work and property acquisition that are required by agencies other than the City of Livermore.
EXHIBIT B
420
3 E. SPECIFIC CONDITIONS
The Developer shall file a Final Map as described in Section 2 of these Engineering Consideration and comply with the following conditions:
A. The Developer shall design and construct the proposed retaining walls adjacent to the creek corridor to ensure stability of the project and minimize long term erosion of the multi-use trail.
4. STREETS
A. SPECIFIC REQUIREMENTS:
The Developer shall offer easements and dedications for, and shall improve his share of the ultimate street widths for the following named streets in accordance with the City's General Plan:
Isabel Avenue
Isabel Avenue is a major street in the General Plan. Along the project frontage Isabel Avenue is currently a 4-lane road with a striped median to accommodate turning lanes and a Class IIa bike lane in each direction.
The Isabel Neighborhood Specific Plan (INSP) requires that the existing bike lane at the project frontage on Isabel Avenue be replaced with a new Class IV separated bike lane with buffer along the project frontage in the northbound direction. Installation of this Class IV bike lane will include a physically raised barrier.
The Class IV bike lane will be comprised of an 8’ bike lane and 3’ median buffer. The median buffer shall have 6” deep curbs and be filed with landscaping and a decorative surface treatment subject to the review and approval of the Community Development Department. The Developer shall provide a minimum of 3 samples of proposed decorative surface treatments for the median buffer during the design phase for review and approval by the Community Development Department.
Final design of the Class IV bike lane shall include but is not limited to appropriate transitions to and from the existing Class IIa to the Class IV bike lane; modifications to signing and striping; any surface treatments and/or structures, and any necessary utility services needed for the maintenance of the median buffer.
To accommodate the space needed for the Class IV bike lane the Developer shall reconfigure Isabel Avenue as follows:
9’4’
raised median (to be constructed by others) (Revised 6/5/24 by Staff)
11.5’ left turn lane
11.5’ left turn lane
11.5’ travel lane
11.5’ travel lane
EXHIBIT B
421
4 11.5’ right turn lane
3’ raised buffer median
8’ Class IV bike lane
The Developer shall not be responsible for constructing the 9’4’ median but will need to coordinate its construction with the Developer of Isabel Crossings (SUB22-008) by locating the Isabel Avenue lane configurations in their ultimate locations. (Revised 6/5/24 by Staff) The City is intending to redesign the intersection of Isabel and Portola Avenue to provide protection for cyclists utilizing the Class IV bike lane on Portola Avenue and passing through the intersection. The Developer shall install a corner island at the intersection to provide this protection. The revised intersection design shall be coordinated with the Isabel Crossings (SUB22-008) project across the street.
I
n order to provide a pedestrian connection to the existing multi-use trail on the site, the Developer shall construct a sidewalk on the Isabel frontage that will veer to the east to connect to the trail at an appropriate location. The Developer shall dedicate any additional easements needed to provide the public with access to this pedestrian connection. Maintenace of this pedestrian connection and any additional landscaping installed adjacent to the pedestrian connection shall be determined prior to the filing of the final map for the project.
P
ortola Avenue
Portola Avenue is a major street in the General Plan. Along the project frontage Portola Avenue is a 4-lane road with a landscaped median to accommodate turning lanes and a Class IIa bike lane in each direction.
The Isabel Neighborhood Specific Plan (INSP) requires that the existing bike lane at the project location be replaced with a new Class IV separated bike lane with buffer along the project frontage in the eastbound direction. Installation of this Class IV bike lane will include a physically raised barrier.
D
ue to Portola Avenue right-of-way constraints, the Developer shall reconfigure the existing east bound bike Class IIa bike lane between Isabel Avenue and Tranquility Circle as a Class IV bike lane.
The Class IV bike lane will be comprised of a 6.5’7’ bike lane and 12”6” deep median curb buffer. The buffer area shall be designed with a combination of median buffer and open segments to provide cyclists with both a travel lane separated from traffic and periodic openings needed for drainage and maintenance access to the buffered bike lane. The median curb buffer shall be approximately 50’- 60’ in length. At the intersection with Tranquility Way, the Class IV bike lane shall transition to a 9.5’ shared right turn and bike lane with a striped separation from the through lanes. (Revised 6/5/24 by PC) (Revised 6/5/24 by Staff) Final design of the Class IV bike lane shall include but is not limited to appropriate transitions to and from the existing Class IIa to the Class IV bike lane; modifications to lane widths on Portola
EXHIBIT B
422
5 Avenue, modifications to signing and striping; any surface treatments and/or structures, and any necessary utility services needed for the maintenance of the median buffer.
Tranquility Circle
The Developer shall delineate and strip parking stalls on both sides of Tranquility Circle along the project frontage to the satisfaction of the City Engineer. (Revised 6/5/24 by PC)
Interior Streets
The interior streets are minor streets that shall be 26 feet wide with no on-street parking except where guest parking stalls are located. All private interior streets will be designated as Commons to distinguish them from public streets.
The Developer shall incorporate the use of directional curb ramps where practical to the satisfaction of the City Engineer. (Revised 6/5/24 by PC)
The Developer shall incorporate the use of raised crosswalks where practical to the satisfaction of the City Engineer. (Revised 6/5/24 by PC)
Alleys
All alleys shall have a minimum 22 feet wide clear travel way and be separated from the interior streets by a standard driveway or valley gutter. All alleys are to be private and maintained by the Homeowners Association for the project.
Emergency Vehicle Access and Bridge
The Developer shall construct and dedicate an easement for Emergency Vehicle Access on all streets and alleys as shown on the Tentative Map. The bridge crossing the creek providing access to Lots 14, 15, and 16 must be rated for a vehicle loading to support the weight of Emergency Vehicles. Supports for this bridge must be located outside of the creek as defined in the RWQCB Site No. 02-01-C1187 Water Quality Certification Attachment C, Exhibit A “Extent of Deed Restriction” to minimize alterations to the creek and the need to obtain regulatory permits.
Additionally, prior to the start of framing for any buildings, full street sections shall be installed to provide access for emergency vehicles during construction of the buildings. Full street sections shall include installation of fire hydrants, utilities and curb and gutters.
CASp Certification for Public Walkways/Sidewalks
The Developer shall have a certified CASp Specialist review and certify that the design for all pedestrian improvements within the public right-of-way or a public easement complies with the following applicable regulations: American with Disabilities Act (ADA) requirements, the Public Rights-of-Way Accessibility Guidelines (PROWAG), and the requirements found in Chapter 11B of the 2019 California Building Code. If an accessibility design cannot meet the above listed
EXHIBIT B
423
6 applicable standards, the Developer shall propose and the CASp Specialist shall concur with a design exception request for approval by the City Engineer or their designee. In addition, the Developer shall have the certified CASp Specialist inspect and certify that pedestrian improvements are installed per the CASp certified design. Pedestrian improvements include new trails, walkways, sidewalks, accessible ramps, connections between existing and new pedestrian improvements, and modifications to existing pedestrian improvements within or adjacent to the project site, as shown on the approved plans.
5. TRAFFIC SIGNALS
Because the intersection of Isabel Avenue and Portola Avenue will be reconfigured with this project, the Developer shall coordinate with the City and adjacent Developers to adjust the existing traffic signal to accommodate changes to the intersection. Developer will be responsible for adding components to the existing traffic signal such a push buttons or pedestrian signals on the south east corner of the intersection that may be necessary to compliment the ultimate function of the reconfigured intersection.
6. TRAFFIC IMPACT FEE CREDITS AND REIMBURSEMENTS:
A. CREDITS
The developer has previously installed TIF improvements and provided land conveyances for the Isabel Avenue/I-580 Interchange Project in accordance with the Amended and Restated Development Agreement No. 114-97. The developer will receive TIF credits for this project in accordance with said development agreement.
7. SANITARY SEWERS
Because the Developer has chosen to install the City standard asphalt street section for the majority of the streets with only specialty paving (i.e. pavers, stamped concrete, stamped asphalt, etc.) in a few areas to act as “accents” to the project entry or other areas as approved by the City Engineer, the sanitary sewer may be publicly maintained. However, in order to facilitate the maintenance and repair of the public sanitary sewer lines in the future, the Developer shall install double-walled pipe or other pipe protective measures as approved by the City Engineer, in all locations where the pipe runs under specialty paving. Additionally, no pipe joints will be allowed in specialty paving areas.
Sewer shall be extended across all frontages of each phase.
Sewer laterals with two-way cleanouts behind the curb shall be installed to each lot or site before the streets are surfaced.
8. STORM WATER DRAINAGE AND TREATMENT REQUIREMENTS
A. General
1. This site is subject to the National Pollutant Discharge Elimination System (NPDES) Program.
Prior to the issuance of the initial grading or building permit, the Developer shall provide evidence
EXHIBIT B
424
7 that the site is covered by the statewide General Permit to Discharge Storm Water associated with construction activity. This requires confirmation that a Notice of Intent (NOI) and the applicable fee was sent to the State Water Resources Control Board. In addition, the grading plans need to state:
"All grading shall be in accordance with the Storm Water Pollution Prevention Plan prepared by the Developer per the Notice of Intent on file with the State Water Resources Control Board".
2. Necessary interceptor ditches shall be concrete. Field inlets and storm drainage pipe may be necessary in conjunction with concrete interceptor ditches as secondary drainage releases. All interceptor ditches shall be privately maintained.
The project will utilize the existing treatment and detention basin located on Parcel D of Tract 8121.
B. Storm Drainage Requirements
Per the City’s Facilities Planning Guidelines (dated June 2005), the flows must have the following characteristics:
For a 10-year design discharge: a hydraulic grade line (HGL) is no higher than 1.25 feet below the top of curb elevation at any manhole or inlet.
For a 100-year design discharge: a HGL does not exceed the top of curb elevation. (This is required for item 3 above.)
For additional detail on these guidelines, the applicant should refer to the following resources:
City of Livermore Storm Drain Master Plan & City of Livermore Facilities Planning Guidelines (both available at the Engineering counter at City Hall).
Since the Developer has chosen to build private streets, the storm drain system will be privately owned and maintained by a homeowner’s association and maintained to the property line. In order to differentiate the ownership of public and private facilities, the Developer shall provide the additional structures (manholes and or catch basins) to be installed at the property line.
C.
Stormwater Infrastructure Maintenance Funding
The cost to maintain all private storm water infrastructure installed with this project shall be funded by the Developer.
D. C
hannels
Although no modifications are proposed to the adjacent un-named creek and the Arroyo Las Positas, if design changes are required the Developer shall obtain the approval of the California Department of Fish and Game (through a stream alteration permit), the Army Corps of Engineers, the Regional Water Quality Control Board, the State Department of Water resources, the U.S. Fish and Wildlife Service, and Alameda County Flood Control and Water Conservation District (Zone 7) if required by those agencies.
EXHIBIT B
425
8 E. Storm Water Treatment, Detention and Low Impact Development Requirements
1. The Developer shall treat the storm water runoff from this site prior to having the storm water enter the City’s storm water distribution system. Stormwater Treatment, Low Impact Development, and Trash Capture is required by the Regional Water Quality Control Board.
The Developer shall complete and or update the Stormwater Requirements Checklist. The Developer shall provide a storm water treatment plan with calculations indicating treatment that meets the latest requirements described in Section C.3 of the City’s NPDES Permit with the Regional Water Quality Control Board. City approval of this plan and calculations is required prior to the approval of the improvement plans.
2. If this project is greater than one acre, the Developer shall provide a Hydrograph Modification Plan (HMP) with calculations in accordance with the Alameda Countywide Cleanwater Program (ACCWP) Bay Area Hydrology Model (BAHM) guidelines. The software for the design of control measures to meet the Flow Duration Control is available to download from www.bayareamodel.org. For additional information you may contact Debbie Salgado in the City’s Engineering Department at (925-960-4558)
3. Prior to final map approval, the applicant shall enter into a maintenance agreement with the City of Livermore for all storm water treatment devices deemed necessary on this site. If the stormwater treatment devices will be maintained by the individual homeowners a cleanout will be necessary at the property lines to allow the residents to maintain their portion of the private storm drain underdrain. If the stormwater treatment device will be maintained by a Homeowners Association, then the cleanouts at each of the property lines may not be needed. The storm drain treatment devices shall be shown on the plat plans and included in the Operations and Maintenance Agreement. The Operations and Maintenance Agreement(s) shall be recorded prior to recordation of the Final Map.
F.
Stormwater Treatment Infrastructure Maintenance Funding
The cost to maintain all storm water treatment, detention and low impact development infrastructure installed with this project shall be funded by the Developer.
9. REQUIRED SOURCE CONTROL STORMWATER MEASURES
The Regional Water Quality Control Board adopted Order R2-2022-0018 issuing the Alameda Countywide NPDES municipal storm water permit for the Alameda Countywide Clean Water Program. The 17 member agencies, including Livermore, are subject to this permit and all its requirements including the following:
“The Permittees shall, as part of their continuous improvement process, submit enhanced new development and significant redevelopment Performance Standards that summarize source control requirements for such projects to limit pollutant generation, discharge, and runoff, to the maximum extent practicable…”
In accordance with this requirement, the following source control measures, included as part of these Conditions of Approval, shall be implemented as a part of this project.
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426
9 A. Structural Control Measures
1. Illegal Dumping to Storm Drain Inlets and Waterways
On-site storm drain inlets, except inlets located in landscaped areas, shall be clearly marked with the words “No Dumping! Flows to Bay” on a plastic marker. The stainless steel markers are available for purchase from the Water Resources Division. For ordering information, please call 925-960-8100. For projects with newly developed, privately maintained streets, agency staff will verify that storm drain inlets have been marked before the final sign-off on the project’s building permit or encroachment permit.
2. Interior Floor Drains
Approved interior floor drains shall be plumbed to the sanitary sewer system and shall not be connected to the storm drain system. The applicant shall contact the Water Resources Division for specific connection and discharge requirements.
3. Parking Garages
Interior level parking garage floor drains shall be connected to a sand/oil interceptor or equivalent water treatment device approved by the Water Resources Division prior to discharging to the sanitary sewer system.
4. Pesticide/Fertilizer Application and Irrigation
a. Landscaping shall be designed to minimize irrigation and runoff, promote surface infiltration where possible, minimize the use of fertilizers and pesticides that can contribute to storm water pollution, and incorporate appropriate Bay-Friendly Landscaping principles.
b. If a landscaping plan is required as part of a development project application, the plan shall meet the following conditions related to reduction of pesticide use on the project site:
I. Where feasible, landscaping shall be designed and operated to treat storm water runoff by incorporating elements that collect, detain, and infiltrate runoff. In areas that provide detention of water, plants that are tolerant of saturated soil conditions and prolonged exposure to water shall be specified.
II. Plant materials selected shall be appropriate to site specific characteristics such as soil type, topography, climate, amount and timing of sunlight, prevailing winds, rainfall, air movement, patterns of land use, ecological consistency and plant interactions to ensure successful establishment.
III. Existing native trees, shrubs, and ground cover shall be retained and incorporated into the landscape plan to the maximum extent practicable.
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427
10 IV. Unless otherwise specified, proper maintenance of landscaping shall be the responsibility of the property owner.
V. Integrated pest management (IPM) principles and techniques shall be encouraged as part of the landscaping design. Some examples of IPM principles and techniques include the following:
i. Select plants that are well adapted to soil conditions at the site.
ii. Select plants that are well adapted to sun and shade conditions at the site.
Consider future conditions when plants reach maturity. Consider seasonal changes and time of day.
iii. Provide irrigation appropriate to the water requirements of the selected plants.
iv. Select pest and disease resistant plants.
v. Plant a diversity of species to prevent pest infestation from affecting the entire landscaping plan.
vi. Use “insectary” plants in the landscaping to attract and keep beneficial insects.
VI. Landscaping shall also comply with City of Livermore’s “Water Efficient Landscape Ordinance”. However, areas of a site used for bio-swales or other landscaped areas that function as a storm water treatment measure shall be exempt from the Water Efficient Landscaping requirements.
VII. An efficient irrigation system shall be installed in areas requiring irrigation. An example of an efficient irrigation system is one that includes a weather-based (automatic, self-adjusting) irrigation controller with a moisture and/or rain sensor shutoff, and in which sprinkler and spray heads are not permitted in areas less than 8 feet wide.
5. Pool, Spa, and Fountain Discharges
a. New or rebuilt swimming pools, hot tubs, spas and fountains must have a connection to the sanitary sewer to facilitate draining. This connection could be a drain in the pool to the sanitary sewer or a cleanout located close enough to the pool so that a hose can readily direct the pool discharge into the sanitary sewer cleanout.
b. When draining is necessary, a hose or other temporary system shall be directed into a sanitary sewer cleanout, or vegetated areas that are large enough to accommodate the volume without allowing the discharged water to flow to the storm drain system or receiving water body.
6. Food Service Equipment Cleaning (NOT USED)
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11 7. Refuse Areas (NOT USED)
8. Outdoor Process Activities/Equipment 1 (NOT USED)
9. Outdoor Equipment/Materials Storage (NOT USED)
10. Vehicle/Equipment and Commercial/Industrial Cleaning (NOT USED)
11. Vehicle/Equipment Repair and Maintenance (NOT USED)
12. Fuel Dispensing Areas 2 (NOT USED)
13. Loading Docks (NOT USED)
14. Fire Sprinkler Test Water
Provisions shall be made in the project design and construction to allow for the discharge of fire sprinkler test water to an onsite vegetated area. If this is not feasible, provide for discharge to the sanitary sewer in accordance with current plumbing codes.
15. Miscellaneous Drain or Wash Water
a. Boiler drain lines shall be connected to the sanitary sewer system and may not discharge to the storm drain system.
b. For small air conditioning units, air conditioning condensate shall be directed to landscaped areas as a minimum BMP. For large air conditioning units, in new developments or significant redevelopments, condensation lines shall be connected to the sanitary sewer system, wherever feasible.
c. Roof drains shall discharge and drain away from the building foundation to landscaped areas wherever feasible.
d. Washing and/or steam cleaning activities must be performed at an appropriately equipped facility that drains to the sanitary sewer as specified in Section J. Any outdoor washing or pressure washing must be in compliance with the City’s Stormwater Management Program requirements and managed in such a way that there is no discharge of soaps or other pollutants to the storm drain system. The applicant shall contact the Water Resources Division for specific discharge requirements.
16. Architectural Copper Installation (NOT USED)
2 The fueling area shall be defined as the area extending a minimum of 6.5 feet from the corner of each fuel dispenser or the length at which the hose and nozzle assembly may be operated plus a minimum of one foot, whichever is greater.
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12 B. II. OPERATIONAL BMPS
This section details Best Management Practices (BMP) that private property owners and/or the occupants of private property must implement following the construction of projects. Ultimately, the responsibility for implementation of these BMPs rests with the property owners. The City of Livermore’s Source Control Program routinely performs inspections of industrial and commercial sites to verify BMP implementation and effectiveness.
1. Paved Sidewalks and Parking Lots
Sidewalks and parking lots shall be swept regularly to minimize the accumulation of litter and debris. Wash water resulting from the pressure washing of parking lots must be captured, pretreated (if necessary) to meet local discharge limits, and discharged to the sanitary sewer. Wash water resulting from the pressure washing of sidewalks may be allowed to drain to the storm drain system provided that (a) no soap or other cleaning agents are used, and (b) all debris are trapped and collected to prevent entry into the storm drain system. Under no circumstances shall wash water containing any soap or other cleaning agents be discharged to the storm drain system.
2. Private Streets, Utilities and Common Areas
a. The owner of private streets and storm drains shall prepare and implement a plan for street sweeping of paved private roads and cleaning of all storm drain inlets.
b. For residential developments, where other maintenance mechanisms are not applicable or otherwise in place, a Property Owners Association, Landscape& Lighting District, or an equivalent mechanism shall be created and shall be responsible for maintaining all private streets and private utilities and other privately owned common areas and facilities on the site including landscaping. These maintenance responsibilities shall include implementing and maintaining storm water BMPs associated with improvements and landscaping. CC&R’s creating the association shall be reviewed and approved by the City prior to the recordation of the Final Map and recorded prior to the sale of the first residential unit. The CC&R’s or Landscape & Lighting District shall describe how the storm water BMPs associated with privately owned improvements and landscaping shall be maintained and detail contact information for the entity responsible for such maintenance activities.
3. Vehicle/Equipment Repair and Maintenance
a. No person shall dispose of, or permit the disposal, directly or indirectly, of vehicle fluids, hazardous materials, or rinse water from parts cleaning operations into storm drains.
b. No vehicle fluid removal shall be performed outside a building, or on asphalt or ground surfaces, whether inside or outside a building, except in such a manner as to ensure that
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13 any spilled fluid will be in an area of secondary containment. Leaking vehicle fluids shall be contained or drained from the vehicle immediately.
c. No person shall leave unattended drip parts or other open containers containing vehicle fluid unless such containers are in use or in an area that cannot discharge to the storm drain.
4. Fueling Areas (NOT USED)
5. Loading Docks (NOT USED)
6. On-site Storm Drains
All on-site storm drains must be inspected and, if necessary, cleaned at least once a year immediately prior to the rainy season.
7. Architectural Copper Cleaning, Treating or Washing (NOT USED)
10. WATER SUPPLY (CITY)
Because the Developer chosen to install the City standard asphalt street section for the majority of the streets with only specialty paving (i.e. pavers, stamped concrete, stamped asphalt, etc.) in a few areas to act as “accents” to the project entry or other areas as approved by the City Engineer, the water lines may be publicly maintained. However, in order to facilitate the maintenance and repair of the water lines in the future, the Developer shall install double-walled pipe on or other pipe protective measures as approved by the City Engineer, in all locations where the pipe runs under specialty paving. Additionally, no pipe joints will be allowed in specialty paving areas.
Water mains shall be extended across all frontages of each phase and all waterline valves must notate “EPDM” on the valve body.
The project is located within the City of Livermore Water Zone 1, the developer shall install pressure reduction valves (PRVs), backflow prevention devices and appurtenances on the potable and reclaimed water services as directed by the City Engineer.
The fire service backflow preventer(s) shall be effectively screened from the public right-of-way while at the same time preserving ease of maintenance access to the backflow preventer(s).
Screening shall be as specified on City Standard Detail W-10A, B and C. The fire service backflow preventer(s) shall meet the performance standards of the backflow preventer shown in City Standard Detail W-10A, B and C.
11. UNDERGROUNDING OF UTILITIES:
All existing and new electric (with the exception of any 60 KV and higher voltage wires) and communication lines along the project frontage and within the project shall be placed underground.
Electric, gas, Comcast and SBC utilities are required and shall be placed in a common trench. All electric transformers shall be placed underground. (Commercial and industrial developments may
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14 have above ground transformers).
12. TRAILWAY/BIKEWAY REQUIREMENTS
Active Transportation Plan
Certain portions of this development are within the City of Livermore Active Transportation Plan established and adopted as part of the General Plan. In accordance with this plan, the Developer will be required to construct Class IV bike lanes along the project frontages of Portola Avenue and Isabel Avenue.
13. MEDIANS AND OTHER LANDSCAPED AREAS
Since the City has a new centralized irrigation system with a computer terminal and modem located at the City’s Maintenance Service Center, for any landscape improvements that will be maintained by the City, the Developer shall install a City standard centralized irrigation controller system with communication accessories as approved by the City. The City may exempt this requirement based on the limited size of the landscape area.
14. HORTICULTURIST'S REPORT
A Horticulturist’s report will be required if the site is located north of Highway I-580.
15. SPECIAL DISTRICTS
A
. Landscaping and Lighting Maintenance and Operation
This development is within Landscape Maintenance District No. LL-857 and is subject to the charges and requirements thereof.
The Developer shall prepare an amended assessment diagram and amended Engineer’s Report incorporating all new parcels into LL-857 and shall be submitted for City review with the first improvement plan submittal.
B
. Assessment District
This development is within Community Facilities District 2016-1(Sage Maintenance) (CFD) and is subject to the charges and requirements thereof. Because the CFD was formed with a non-residential use for the parcels within Tract 8612, the Developer shall bear the costs for any changes or modifications to the CFD that will be necessary to reconfigure the assessments for the new residential use within Tract 8612.
This development is within Community Facilities District 2016-2 (Shea Properties) (CFD) and is subject to the charges and requirements thereof. Because the CFD was formed with a non-residential use for the parcels within Tract 8612, the Developer shall bear the costs for any changes or modifications to the CFD that will be necessary to reconfigure the assessments for the new residential use within Tract 8612.
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15 The development shall annex into Community Facilities Maintenance District 2023-1 (Isabel Neighborhood Specific Plan) to provide for maintenance funds for their pro-rata share of public infrastructure and landscaping that is installed with the Isabel Neighborhood Specific Plan.
The Developer shall initiate and bear the costs for the annexation into CFD 2023-1.
Annexation documents shall be filed with the filing of the final map. The necessary documentation shall be submitted for City review with the first improvement plan submittal.
16. AIRPORT LOCATION
This development is located in the vicinity of the Livermore Municipal Airport. Aircraft operations in the vicinity of the property may potentially create nuisances, including but not limited to noise, vibration or odors. The owner and or future buyer should be aware that operations and flight numbers at the Livermore Municipal Airport could increase in the future. A report must be filed with the Division of Real Estate relative to this matter.
All projects within the vicinity of Livermore Municipal Airport shall grant an avigation easement to the City. The Developer has already filed and recorded this easement over the project property (RSN 2003006164).
17. SUBDIVISION AGREEMENT AND SECURITY
Following tentative map approval, the Subdivision Improvement Agreement will not be submitted to the City Council until the Developer has submitted all of the documents indicated in the “Final Approval of Tract Map Checklist” in the Development Plan Check and Procedures Manual (28) days prior to the city council meeting at which the final map will be considered for final approval by the City Council.
18. FEE AMOUNTS
The Developer will be required to pay the applicable development impact fees and project processing fees due in connection with this subdivision. The fee shall be the amount in effect at the time the fee is required to be paid, unless otherwise vested under Development Agreement 114- 97, as amended.
19. VEHICLE ACCESS
Prior to or with the submittal for the first plan check of the tract improvement plans and final map, the Developer shall submit for review and approval a traffic control plan for providing safe entry to and exit from the site. The purpose of the plan is to insure that there will be safe entry and exit by construction and other vehicles prior to the installation of the required permanent improvements for the project.
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16 Access to the development by construction equipment, material delivery and other heavy loads shall be limited by the Developer to the following route:
I-580 to Isabel Avenue to Tranquility Circle.
Such heavy loads will not be allowed on existing residential streets in the vicinity of the development.
The wheel-loading on the above routes shall not exceed State load limits.
20. DEVELOPMENTS WITH PRIVATE ROADWAYS AND UTILITIES
(Condominiums, Row Houses, Cluster, etc.)
The private improvements of the private street system are part of the improvements required of this subdivision. For this reason, the Developer shall pay Engineering Division plan check and construction inspection fees and the City Engineering Division will provide these services. The Developer will also provide subdivision security for the required private improvements.
JW:DES
VTTM 8612_Shea Homes Tranquility (Aura) ECs 6-5-24 Final Final for CC
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Responsible Agency/Department/Party Timing of Verification COL City of Livermore CDFW California Department of Fish & Wildlife TM Prior to approval of tentative tract maps Zone 7 Alameda County Flood Control District – Zone 7 USFWS United States Fish and Wildlife Service FM Prior to approval of final tract maps LARPD Livermore Area Recreation and Park District LVJUSD Livermore Valley Joint Unified School District BP Prior to approval of building and/or grading plans BART Bay Area Rapid Transit District LPC Las Positas College C During construction LAVTA Livermore Amador Valley Transit Agency BAAQMD Bay Area Air Quality Management District PC Post construction/on-going