REVISED CITY COUNCIL
AGENDA
MONDAY, APRIL 21, 2025
SPECIAL MEETING – 6:00 PM
MEETING PARTICIPATION INFORMATION CAN BE FOUND AT THE END OF THE AGENDA
CIVIC CENTER MEETING HALL
WILLIAM M. MENDENHALL ROOM
1016 S. LIVERMORE AVENUE
NOTICE IS HEREBY GIVEN that the City Council of the City of Livermore will convene a special joint City Council and Planning Commission meeting on April 21, 2025, beginning at 6:00 pm, in the Civic Center Meeting Hall, William M. Mendenhall Room at 1016 S.
Livermore Avenue.
This special meeting is being called by Mayor John Marchand. /s/ John Marchand
CITY COUNCIL PLANNING COMMISSION
John P Marchand, Mayor Yolanda Fintschenko, Chair
Evan Branning, Vice Mayor Tracy Kronzak, Vice Chair
Ben Barrientos, Council Member Jacob Anderson, Commissioner Steven Dunbar, Council Member Nadine Horner, Commissioner Kristie Wang, Council Member Charity Steele, Commissioner Livermore City Council Agenda April 21, 2025
1 City Council
Council Member Ben Barrientos
Council Member Steven Dunbar
Council Member Kristie Wang
Vice Mayor Evan Branning
Mayor John Marchand
Planning Commission
Commissioner Jacob Anderson
Commissioner Nadine Horner
Commissioner Charity Steele
Vice Chair Tracy Kronzak
Chair Yolanda Fintschenko
3. SPECIAL MEETING ITEM
AN OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE CITY COUNCIL AND PLANNING
COMMISSION REGARDING THE SPECIAL MEETING ITEM WILL BE PROVIDED BY THE MAYOR.
3.1 Biannual
Biennial Joint City Council and Planning Commission Municipal Authority Training.
Recommendation:
Staff recommends the City Council and Planning Commission receive the presentation.
Staff Report
4. SUPPLEMENTAL MATERIALS
4.1 Supplemental materials received prior to the meeting.
Staff Report
Attachments:
1. Supplemental Materials
5. ADJOURNMENT
To a Special City Council meeting on Monday, April 28, 2025 at 6:00 pm and a Regular City Council meeting on Monday, April 28 May 12
, 2025 at 7:00 pm, Civic Center Meeting Hall,
City Council Chambers, 1016 S. Livermore Avenue and a Regular Planning Commission meeting on Tuesday, May 6, 2025 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue.
6. HOW TO PARTICIPATE IN YOUR CITY COUNCIL MEETING
You can participate in the meeting in a number of ways:
Livermore City Council Agenda April 21, 2025
2. ROLL CALL
1. CALL TO ORDER
2 Special Meetings, Workshops - The public will have the opportunity to address the City Council regarding the item that is the subject of the special meeting or workshop. Public comments are limited to a maximum of 3 minutes per person.
Platforms to Participate in Meetings:
Submission of Comments Prior to the Meeting:
Email Comments may be submitted by the public to the City Clerk’s Office ([email protected]). Items received no later than 12:00 pm on the day of the meeting will be provided to the City Council and available on the City website prior to the meeting. These items will NOT be read into the record.
eComments may be submitted by the public using the eComment link here. Comments may be up to 1000 characters in length and will be accepted up until 4:00 pm the day of the meeting. These items will NOT be read into the record and are viewable by the City Council and the public upon submittal.
Submission of Comments During the Meeting:
Speakers are limited to a maximum of 3 minutes per person. To submit a comment in person, you must complete a speaker card for each item. Speaker cards are available in the Civic Center Meeting Hall lobby. Indicate on the card the item number you wish to comment on and submit the card directly to the City Clerk prior to the start of the item. Please note that the City Council is prohibited by State law from taking action on any items that are not listed on the agenda. However, if your item requires action, the City Council may place it on a future agenda or direct staff to work with you and/or report to the City Council on the issue.
If you would like to deliver written materials to the City Council as part of your public comments, and are commenting in person, please provide 10 copies to the City Clerk with your speaker card.
The City Council Agenda and Agenda Reports are prepared by City staff and are available for public review on Tuesday evening, six days prior to the City Council meeting in the Civic Center Library, 1188 South Livermore Avenue, Livermore, and at the City Clerk’s Office, 1052 South Livermore Avenue, Livermore. The Agenda is also available on the City’s website, http://LivermoreCA.gov/agenda.
Under Government Code §54957.5, any supplemental material distributed to the members of the City Council after the posting of this agenda will be available for public review in the City Clerk’s Office, 1052 South Livermore Avenue, Livermore, and included in the agenda packet available on the City’s web site at http://LivermoreCA.gov/agenda.
PURSUANT TO TITLE II OF THE AMERICANS WITH DISABILITIES ACT (CODIFIED AT 42 UNITED STATES CODE SECTION 12101 AND 28 CODE OF FEDERAL REGULATIONS PART 35), AND SECTION 504 OF THE REHABILITATION ACT OF 1973, THE CITY OF Livermore City Council Agenda April 21, 2025
Comments are limited to one comment per person per item regardless of format or time submitted (this includes email and e-comment submissions prior to the meeting as well as live comments during the meeting).
3 CONTACT THE ADA COORDINATOR AT [email protected] OR CALL (925) 960-4170 (VOICE) OR (925) 960- 4104 (TDD) AT LEAST THREE (3) BUSINESS DAYS IN ADVANCE OF THE MEETING.
Livermore City Council Agenda April 21, 2025
LIVERMORE DOES NOT DISCRIMINATE ON THE BASIS OF RACE, COLOR, RELIGION,
NATIONAL ORIGIN, ANCESTRY, SEX, DISABILITY, AGE OR SEXUAL ORIENTATION IN THE PROVISION OF ANY SERVICES, PROGRAMS, OR ACTIVITIES. TO ARRANGE AN
ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PUBLIC MEETING, PLEASE 4 CITY COUNCIL STAFF REPORT
ITEM NO. 3.1
DATE:
April 21, 2025
TO:
Honorable Mayor and City Council
FROM:
Brent Smith, Community Development Director
SUBJECT:
Biannual
Biennial
Joint City Council and Planning Commission Municipal Authority Training.
RECOMMENDED ACTION
Staff recommends the City Council and Planning Commission receive the presentation.
SUMMARY
Staff conducts a
biannual
biennial
City Council and Planning Commission municipal authority training.
The training consists of major land use topics such as the General Plan, state housing and environmental laws, roles and responsibilities of the City Council and Planning Commission, and how state and local standards interact.
DISCUSSION
The City Council and Planning Commission are the primary land use authorities in Livermore and are vested with broad municipal and land use authorities granted by the California Constitution and State Law. In order to ensure the City Council and Planning Commission are adequately trained, City staff conducts a
biannual
biennial
municipal authority presentation at a joint City Council and Planning Commission session. The objective of the presentation is to: 1) Refresh the Council and Commission of their municipal and land use authorities and roles; 2) Summarize local land use regulations adopted by the City Council and describe how they fit into the land development and conservation process; and 3) Inform both land use authorities of updates to state land use and environmental laws. More specifically, staff will cover the following major land use topics:
1 .
Municipal Authority
. Overview of Police and Proprietary Powers, protection of public health, safety, and welfare. Relationship of local standards to state laws and the California Constitution. 2 .
Land Use Authority
. Review City authority established through state laws including Planning and Zoning Law, Subdivision Map Act, Permit Streamlining Act, etc. 3 .
State Housing Laws
. Review the Regional Housing Needs Assessment (Allocation) (RHNA), Housing Element requirements, and recent housing legislation. 5 4
.
Land Use Regulation
. Overview of local land use tools like General Plan, Development Code, Zoning Map, Urban Growth Boundaries, Design Review, etc. 5 .
Roles and Responsibilities
. Summarize City Council and Planning Commission roles and responsibilities; How City Council and advisory bodies interact; and Legislative and Quasi-Judicial roles.
6 .
Legal Thresholds
. Essential legal principles like Nexus and Findings, which are required for project approval.
7 .
Environmental Review
. Brief overview of the California Environmental Quality Act (CEQA), including disclosure and mitigation requirements.
8 .
Strategic Plan
. Livermore's Strategic Plan, including Pillars, Goals, and Objectives. How the Strategic Plan relates to land use and development projects.
ENVIRONMENTAL REVIEW
None required, not a Project under the California Environmental Quality Act (CEQA).
FISCAL AND ADMINISTRATIVE IMPACTS
None. Staff time allocated to this training funded by the General Fund.
COMMUNITY PILLAR
5: A City That Works
GOAL
1: Council Engagement
ATTACHMENTS
Prepared by: Jake Potter
Senior Planner
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
6 CITY COUNCIL STAFF REPORT
ITEM NO. 4.1
3.1 Biennial Joint City Council and Planning Commission Municipal Authority Training.
Material: PowerPoint Presentation
DATE:
April 21, 2025
TO:
Honorable Mayor and City Council
FROM:
Marianna A. Burch, City Manager
SUBJECT:
Supplemental materials received prior to the meeting.
RECOMMENDED ACTION
SUMMARY
These materials were posted online and made available to the public at the same time that they were distributed to the City Council.
DISCUSSION
ATTACHMENTS
1. Supplemental Materials
Prepared by: Ashley Zieba
Assistant City Clerk
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
7 Item 3.1
Presentation
8 2
Municipal Authority
Governmental Authority
• State Constitution (police power)
A … city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws. (Cal. Const. art. XI, § 7.)
• State Legislation
• Inherent Authority as Local Government
Municipal Authority
Limits on Governmental Authority
• Constitutional Limitations
• First Amendment (Expression)
• Fifth Amendment (Takings)
• Fourteenth Amendment (Due Process)
• Competing Authority
• Supremacy Clause
• Pre-emption, conflict with State General Law
• Precedent (Equal Protection)
3 4
Item 3.1
Presentation
9 3
Municipal Authority
Exercise of Governmental Authority
• Legislative
• Enacting Laws
• Adopting Policies
• Quasi-Judicial
• Applying laws and policies
• Reviewing decisions applying laws and policies
• Regulatory
• Ensuring activities comply with set standards
• Eg. CEQA
Municipal Authority
Proprietary Authority (individual, personal rights)
• Power to act as a private property owner
• City Council authority
Limits on Proprietary Authority
• Parcels, not public rights-of-way
• Restrictions on disposition (sale or lease) of land
5 6
Item 3.1
Presentation
10 4
Land Use Authority
Police power is the legal basis for the City’s land use regulation to protect the public health, safety, and
welfare of its residents.
Berman v. Parker (1954) 348 U.S. 26, 32-33
Associated Home Builders, Inc. v. City of Livermore
(1976) 18 Cal.3d 582, 600-601.
Land Use Authority
State Law
• Planning and Zoning Law (Gov't Code 65000 et seq.)
is the framework for local land use regulation
• Specific Legislation
• Subdivision Map Act
• Permit Streamlining Act
• Housing Accountability Act
• State Density Bonus Law
7 8
Item 3.1
Presentation
11 5
Roles and Responsibilities
Legislative
• City Council – Enacting laws and adopting policies
• Planning Commission – Recommending policy and law
to the Council
Quasi-Judicial
• City Council – Applying law and policy to projects (final authority or acting on appeals)
• Planning Commission – Applying law and policy to
projects (final authority or making recommendations to
Council)
Roles and Responsibilities
Nexus, Findings, and Administrative Record
Nexus
- Demonstrate a connection
- Must be roughly proportional
Findings
- Required to support decision to approve or deny a project - Must include information justifying imposition of fees or other exactions
Administrative Record
- Written record supporting City’s decisions
- Should demonstrate that the decision was reasonable
9 10
Item 3.1
Presentation
12 6
State Housing Laws
Housing in Single-Family and
Commercial Areas
Single-Family Zoning
Districts
• Outlaws single
family zoning
districts
• Allows two units
on all residential
parcels
• Allows small lot
splits on all
residential parcels
Commercial Zoning
Districts
• Allows residential
in commercial and
office zones
• Limits city's design
and development
standards
• Affordable and
labor
requirements.
Accessory Dwelling
Units
• Up to 3 ADUs in
single-family
zones
• Limits city's design
and development
standards
11 12
Item 3.1
Presentation
13 7
State Density Bonus Law
Density Increase
• Up to 50% increase in
density
Parking and Height Modification
• Reduction or elimination of
parking standards
• Up to three additional
floors of height
Incentives/Concessions
• Reduction or
elimination of development
and design standards
• Apply when regulations
make a project
"economically infeasible"
• Number – One to five
Waivers
• Reduction
or elimination of developm
ent and design standards
• Apply when regulations
make the project "physically
infeasible" to build
• Number – Unlimited
State Objective Design and
Streamlining Laws
Objective Design
Requirements
• Senate Bill 330
• Only objective standards can
be used in project review.
• "Means involving no
personal or subjective
judgment"
• Any subjective standards
cannot be used to deny a
project.
Streamlining Requirements
• Some projects must be approved within 60 days of consistency determination, or are automatically approved. • Only permitted to hold 5 hearings.
13 14
Item 3.1
Presentation
14 Item 3.1
Presentation
15 9
Livermore Development Code –
Comprehensive Housing Update
• Project Components
• State Housing Law
Compliance
• Objective Design
Standards for Housing
Projects
• Permit Streamlining for
Housing Projects
• Next Steps
• Public Hearings this year
Land Use Regulation
in Livermore
17 18
Item 3.1
Presentation
16 10
Land Use Authority
Local Land Use Regulation Hierarchy
• General Plan
• Specific Plan and Neighborhood Plan
• Livermore Development Code (Zoning)
• Design Standards & Guidelines
Land Use Regulation: General Plan
• The General Plan land use
policies outline how the City will
grow and conserve its resources.
• Consistency Doctrine: Zoning and
subdivision approvals must be
consistent with the General Plan.
“The Constitution” for Development
19 20
Item 3.1
Presentation
17 11
General Plan Elements
Required:
• Land Use
• Circulation
• Housing
• Open Space and
Conservation
• Noise
• Public Safety
Custom for Livermore:
• Community Character
• Infrastructure and
Public Services
• Economic Development
• Climate Change
General Plan Land Use Map
21 22
Item 3.1
Presentation
18 12
Land Use Regulation
Voter Initiated General Plan Land Use
Policies:
• South Livermore Urban Growth Boundary
• North Livermore Urban Growth Boundary
• Measure P: Sewer Service to South Livermore
Valley Area Plan planning area
23 24
Item 3.1
Presentation
19 Item 3.1
Presentation
20 14
Development Code
The primary purpose of the Livermore Development
Code is to implement the General Plan and includes
more detailed development regulations.
Development Code Zoning Map
27 28
Item 3.1
Presentation
21 15
Development Code Land Use Table
Development Code Standards
• Lot Coverage
• Setbacks from Property Line
• Building Height
• Lot Size
• Number of Parking Spaces
• Open Space
29 30
Item 3.1
Presentation
22 16
Land Use Regulation
Review Authority
• Established within Development Code
• Staff
• Planning Commission
• City Council
• Council always has final decision-making
authority either directly or by appeal
Land Use Regulation
Design Review
• Planning Commission and staff review site layout,
building architecture and landscaping
• Determine consistency with Adopted Design
Standards and Guidelines
31 32
Item 3.1
Presentation
23 Item 3.1
Presentation
24 18
Objectives of CEQA
Disclose – Disclose the public reasons for agency
approval of projects with significant environmental effects Foster – Foster interagency coordination in review of
projects
Enhance – Enhance public participation in the planning
process
CEQA Guidelines Sec. 15002
Overview of CEQA Process
Step One: Is it a Project?
Step Two: Is the Project Exempt?
Step Three: Will the Project Result in Significant
Environmental Impacts?
Step Four:
* If No Significant Impacts - Negative Declaration or
Mitigated Negative Declaration
* If Significant Impacts - Environmental Impact Report
35 36
Item 3.1
Presentation
25 19
CEQA Exemptions
Statutory
• Exemptions to CEQA created by
the legislature
• Not always in line with the
environmental purposes of CEQA
• Based in CEQA statute and other
statutes
Categorical
• Classes of projects found to
not have a significant effect
on the environment
• Must make findings that
none of the exceptions to
the exemption apply
"Common Sense" Exemption – Guidelines 15061(b)(3)
Categories of Environmental Review
• Aesthetics
• Agriculture & Forestry
Resources
• Air Quality
• Biological Resources
• Cultural Resources /
Historical Impacts
• Geology / Soils
• Greenhouse Gas Emissions
• Hazards & Hazardous
Materials
• Hydrology / Water Quality
• Land Use / Planning
• Mineral Resources
• Noise
• Population / Housing
• Public Services
• Recreation
• Transportation / Traffic
• Utilities / Service Systems
• Mandatory Findings of
Significance
37 38
Item 3.1
Presentation
26 20
Discussion & Questions
39 40
Item 3.1
Presentation
27