Livermore City Council
September 8, 2025

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CITY COUNCIL STAFF REPORT ITEM NO. 6.15
DATE: September 8, 2025
TO: Honorable Mayor and City Council
FROM: Carl Brown, Public Works Director
SUBJECT: Resolution authorizing execution of a purchase order with 72 Hour LLC dba National Auto Fleet Group for four replacement Ford Super Duty F250 XL 2WD Super Cab Trucks with Scelzi bodies in an amount not-to-exceed $368,191.

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution authorizing issuance of a purchase order to 72 Hour LLC dba National Auto Fleet Group in Watsonville, California for the purchase of four replacement Ford Super Duty F250 XL 2WD Super Cab Trucks under Sourcewell contact #091521-NAF for a not-toexceed amount of $368,191.

DECISION TYPE
Administrative

SUMMARY
Based on the City of Livermore’s Fleet Policy and the 25-year Fleet Replacement Plan, it is time to replace four existing water distribution service trucks. Staff has determined the vehicle that best meets the needs of the department is the 2026 F250 Super Duty with Scelzi Enterprises, Inc. service bodies, and 72 Hour LLC dba National Auto Fleet Group is the local Sourcewell (formally National Joint Powers Alliance, NJPA) contractor for Ford vehicles in Watsonville, California.

DISCUSSION
The Ford F250 truck with the Scelzi service body is critical in performing routine maintenance, customer service repairs, and emergency service work on the City’s Water Distribution System, as well as at the remote pump stations. The service body allows staff to carry all the tools, components and parts needed to make repairs and perform maintenance in the field.

The City of Livermore’s Fleet Policy recommends replacement of light duty trucks with service bodies at 7-10 years or 85,000 miles. These units will be replacing trucks that are 14-21 years old and that are all 678
configured differently. The replacement of these trucks with all the same service bodies specified identically to WRW038, a 2019 Ford F250 Super Duty with a Scelzi service body, will standardize the fleet in the water distribution section. With this standardization, staff will have the ability to perform service and repairs with quicker response time to customer service and emergency calls. Also, when there is a vehicle breakdown or service being performed, staff will be able to continue in a different truck and have everything they need to perform the task.

Under LMC Section 2.68.370 of the City’s Contract and Purchase Ordinance, the Administrative Services Director may purchase supplies and equipment without utilizing the quotation or bidding requirements of the Ordinance, if such purchases are based on an agreement or cooperative purchasing program entered into by any public agency or agencies situated within the state, regardless of whether the City is a named party to such an agreement or an actual participant in such a program. In such cases, the supplies and equipment purchased must be the same and be offered at the same price as the supplies, subject to the agreement or program, and the underlying purchase must have been made using a quotation or bid procedure at least as restrictive as the City’s.

Staff recommends purchasing these replacement vehicles utilizing Sourcewell Acceptance and Award contract #091521-NAF. The Sourcewell bid procedure for the replacement vehicles meets the City’s municipal code requirement and therefore can be awarded to National Auto Fleet Group. The Sourcewell Cooperative Purchasing Program assists local governments in reducing costs through this governmentto-government procurement service. This program is available to local government entities and qualifying non-profit corporations. The City of Livermore is currently a registered member. The purchase through Sourcewell Acceptance and Award contract #091521-NAF will expedite the delivery of these replacement vehicles.

FISCAL AND ADMINISTRATIVE IMPACTS
The purchase of these four replacement vehicles is budgeted in the Fleet Services Internal Service Fund (730) for FY 2025-26 and is identified in the Fleet 25-Year replacement plan.

COMMUNITY PILLAR
1: A City That Works
GOAL
14: Develop, operate, and maintain the City’s infrastructure.

ATTACHMENTS

1. National Auto Fleet Group Sourcewell Contract

2. National Auto Fleet Group Quote

3. Resolution
Prepared by: Scott Kooreman
Public Works Supervisor
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Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
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Solicitation Number: RFP #091521

CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and 72 Hour LLC dba: National Auto Fleet Group, 490 Auto Center Drive, Watsonville, CA 95076 (Supplier).

Sourcewell is a State of Minnesota local government unit and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.

Sourcewell issued a public solicitation for Automobiles, SUVs, Vans, and Light Trucks with Related Equipment and Accessories from which Supplier was awarded a contract.

Supplier desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (Participating Entities).

1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.

B. EXPIRATION DATE AND EXTENSION. This Contract expires November 8, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended one additional year upon the request of Sourcewell and written agreement by Supplier.

C. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all payment obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 through 14 survive the expiration or cancellation of this Contract. All rights will cease upon expiration or termination of this Contract.

2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. 






 






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Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.

All Equipment and Products provided under this Contract must be new and the current model.

Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.

This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.

In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.

C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.

3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.

When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.

Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.

A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be 






 






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returned within a reasonable time at no cost to Sourcewell or its Participating Entities.

Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.

Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.

Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.

B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid taxexemption certification(s). When ordering, a Participating Entity must indicate if it is a taxexempt entity.

C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.

When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.

Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.

4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.

At a minimum, the request must:
x Identify the applicable Sourcewell contract number;
x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change; 






 






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x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.

A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.

5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.

The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.

Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.

B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at governmentowned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.

6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell 






 






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contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.

Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.

B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum; the terms of which will be negotiated directly between the Participating Entity and the Supplier. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.

C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as ecommerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.

D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:

1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or

2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.

E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.

7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:








 






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x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.

B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, supply issues, customer issues, and any other necessary information.

8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).

The Report must contain the following fields:
x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.

B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted price to offset the Administrative Fee.

The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased 






 






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by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.

Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.

In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.

9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.

Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.

10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.

B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.

C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.

D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.







 






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E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.

F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.

11. INDEMNITY AND HOLD HARMLESS
Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.

12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Supplier under this Contract.

13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY

1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use thetrademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.

2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, 






 






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resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.

3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.

4. As applicable, Supplier agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Supplier in violation of applicable patent or copyright laws.

5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.

B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.

C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.

D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.







 






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14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.

15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.

16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.

17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:

1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.

2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.

3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.

B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:

1. Nonperformance of contractual requirements, or

2. A material breach of any term or condition of this Contract. 






 






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The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.

18. INSURANCE
A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:

1. Workers’ Compensation and Employer’s Liability.

Workers’ Compensation: As required by any applicable law or regulation.

Employer's Liability Insurance: must be provided in amounts not less than listed below:

Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease

2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.

Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate

3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms 






 






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no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.

Minimum Limits:
$1,000,000 each accident, combined single limit

4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.

Minimum Limits:
$2,000,000

5. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.

Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.

B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.

Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.

C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is 






 






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primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.

D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.

E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.

19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.

B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.

20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.

Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. 






 






ATTACHMENT 1
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Rev. 3/2021 14

21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER

UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.

The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.

A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-

1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.

B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by nonfederal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions. 






 






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C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).

Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.

E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.

F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names 






 






ATTACHMENT 1
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091521-NAF
Rev. 3/2021 16
of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.

G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).

H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.

I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.

K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.

L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation 






 






ATTACHMENT 1
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091521-NAF
Rev. 3/2021 17
and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.

M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier not use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.

N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by an Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.

O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.

P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.

Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.

R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S. Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.

S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.

T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322. 






 






ATTACHMENT 1
697
091521-NAF
Rev. 3/2021 18

22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.

Sourcewell 72 Hour LLC dba: National Auto
Fleet Group
By: __________________________ By: __________________________ Jeremy Schwartz Jesse Cooper
Title: Chief Procurement Officer Title: Fleet Manager
Date: ________________________ Date: ________________________ Approved:

By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________







 












 














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Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC







 






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Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC







 






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Bid Number: RFP 091521 Vendor Name: 72 HOUR LLC







 






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1 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION AUTHORIZING ISSUANCE OF A PURCHASE ORDER
TO 72 HOUR LLC DBA NATIONAL AUTO FLEET GROUP IN AN
AMOUNT NOT-TO-EXCEED $368,191 FOR FOUR FORD SUPER DUTY
F250 XL 2WD SUPER CAB TRUCKS WITH SCELZI SERVICE BODIES The City of Livermore Water Resources Division utilizes service body trucks to haul tools and materials to remote work sites and respond to emergency calls. The City’s Fleet Policy currently recommends the replacement of four water distribution service trucks.

Livermore Municipal Code section 2.68.360 permits the purchase of certain goods and services through qualifying cooperative purchasing programs. Livermore Municipal Code section 2.68.370 permits the City to participate in cooperative purchasing programs if the underlying purchase was made using a quotation or bid procedure at least as restrictive as the City’s.
72 Hour LLC, which does business as National Auto Fleet Group, holds a Sourcewell (formerly National Joint Powers Alliance) competitively bid cooperative purchasing contract for passenger cars and light duty pickups, which includes the Ford F250. This cooperative purchasing program meets the requirements of the Livermore Municipal Code.

The City received a quote from National Auto Fleet Group for four Ford Super Duty F250 XL 2WD Super Cab trucks with Scelzi service bodies in the amount of $368,191.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it:

1. Authorizes the City Manager, or her designee, to execute a purchase order, on behalf of the City of Livermore, with National Auto Fleet Group in an amount not-to-exceed $368,191 for the purchase and delivery of four Ford Super Duty XL 2WD Super Cab trucks with Scelzi service bodies in accordance with the terms, specifications, and general provisions specified in Sourcewell Contract #091521-NAF and section 2.68.370 of the Livermore Municipal Code.

2. Authorizes the City Manager, or her designee, to take whatever actions are necessary and appropriate to carry out the purpose and intent of this resolution.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on September 8, 2025, by the following vote:
727
2 RESOLUTION NO. ________
AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Molly A. O’Toole
Deborah L. Elam Molly A. O'Toole
City Clerk Assistant City Attorney
728
CITY COUNCIL STAFF REPORT ITEM NO. 6.16
DATE: September 8, 2025
TO: Honorable Mayor and City Council
FROM: Marianna A. Burch, City Manager
SUBJECT: Resolution approving City Council Policy on City Officials’ Use of Electronic Communications and Social Media.

RECOMMENDED ACTION
Staff recommends the City Council adopt a resolution approving the City Council Policy on City Officials’ Use of Electronic Communications and Social Media.

DECISION TYPE
Administrative

SUMMARY
Staff recommends the City Council adopt a resolution approving the City Council Policy on City Officials’ Use of Electronic Communications and Social Media based on feedback provided by the City Council at the July 28 workshop.

DISCUSSION
At the July 28, 2025, workshop, the City Council received a presentation and training on the Policy on City Officials’ Use of Electronic Communications and Social Media and directed staff to finalize it as presented. The policy establishes clear expectations, guidelines, and legal requirements for how City Officials, including Council Members and Advisory Body Members, engage through personal and Cityaffiliated digital platforms. It reinforces that while electronic tools can enhance communication with the public, they must be used in strict adherence to the Brown Act and Assembly Bill 992, which restrict certain interactions between members of the same legislative body on social media to avoid violations such as serial meetings. The policy also provides direction on account management, record retention, and the use of disclaimers to separate personal views from official City positions. These provisions are intended to protect transparency, uphold public trust, and reduce legal risk while supporting thoughtful and compliant public engagement.
729

FISCAL AND ADMINISTRATIVE IMPACTS
There are no fiscal or administrative impacts.

COMMUNITY PILLAR
5: A City That Works
GOAL
1: Engage effectively with the Mayor and City Council

ATTACHMENTS

1. Resolution

2. Exhibit A - Electronic Communications and Social Media Policy Prepared by: Stephanie Egidio
Acting Deputy City Manager
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
730
Rev. 04.2025 1 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION ADOPTING CITY COUNCIL POLICY ON THE USE OF

ELECTRONIC COMMUNICATIONS AND SOCIAL MEDIA BY CITY

OFFICIALS
The City Council has adopted rules and policies to ensure that City Officials conduct public business in a manner that promotes transparency, accountability, and compliance with applicable laws. These include expectations for conduct during meetings, standards for governance and communication, and guidance for preserving public confidence in the City of Livermore’s decision-making processes.

Recognizing the increasing use of digital platforms for public engagement, the City Council requested a policy establishing expectations, guidelines, and legal requirements for the use of electronic communications and social media by City Officials, including the Mayor, Council Members, and Advisory Body Members. This policy is intended to protect the integrity of public processes by ensuring that the use of personal or campaign accounts does not conflict with legal obligations under the Brown Act, the California Public Records Act, or other applicable laws and regulations. It also affirms the Council’s values of transparency, responsiveness, and consistency in public communication.

On April 28, 2025, the City Council directed staff to prepare a policy for City Officials’ Use of Electronic Communications and Social Media.

On July 28, 2025, the City Council held a special workshop to consider a draft policy and provided direction to staff to finalize the policy for their approval.

The attached policy includes key legal considerations and best practices for ensuring that social media and electronic communications are used responsibly and lawfully by City Officials. The attached policy is intended to complement, but not supersede, the City Council’s Values, Norms and Principles of Governance, and its City Council Meeting Rules of Procedure.

The City Council desires to adopt the attached policy consistent with Council direction and recommendations from staff.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that it hereby adopts the City Officials’ Use of Electronic Communications and Social Media Policy, attached hereto as Exhibit A, to be effective immediately upon adoption on September 8, 2025.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on September 8, 2025, by the following vote:
731
Rev. 04.2025 2 RESOLUTION NO. ________
AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:
_____________________________ _/s/ Tara Mazzanti_________________ Deborah L. Elam Tara Mazzanti
City Clerk Acting City Attorney
Exhibit A – City Officials’ Use of Electronic Communications and Social Media 732
City Council Policy
City Officials’ Use of Electronic Communications and Social Media Last Revision: July 2025

City Officials’ Use of Electronic Communications
and Social Media
Purpose Statement
The purpose of this policy is for the Livermore City Council to establish expectations, guidelines and requirementsfor all City Officials, as defined below, for using Electronic Communications and posting on Social Media Platforms.

This Policy is not intended to prohibit members of the City’s Legislative Bodies (as defined below) from being responsive to the needs of the public and constituents, nor from communicating with City Staff.

The City Council expects that all City Officials will adhere to applicable laws and regulations when utilizing Electronic Communications and Social Media and will act with utmost caution and in accordance with the City Council’s established values, norms, principles of governance and rules of procedure.

The City Council expects all City Officials to: (1) be fully responsible for their personal Electronic Communications and Social Media accounts as defined below, (2) adhere to this policy when maintaining and using such personal accounts, and (3) understand that online engagement can present challenges with Brown Act and due process compliance.

Applicability
This policy guides the use of Electronic Communications and Social Media by City Officials, as defined below. A separate Administrative Regulation, developed and approved by the City Manager, applies to all City of Livermore employees, consultants and contractors.

Definitions
City Official: City of Livermore Mayor and City Council Members, and Advisory Body Members (i.e. Board and Commission Members).

Legislative Body: For the purposes of this Policy, defined in accordance with the California State Brown Act to include the City of Livermore City Council as well as Boards and Commissions.

Electronic Communications: Communication via electronic means, such as electronic mail, text, voice message, online chat, communication through Social Media Platforms, etc.

EXHIBIT A
733
City Council Policy
City Officials’ Use of Electronic Communications and Social Media Last Revision: July 2025

Social Media Platform: An online or app-based service that is open and accessible to the public and where members of the general public have the ability to access and participate free of charge without pre-approval. This includes any forum and chatroom where the public cannot be blocked from participating, except when the Social Media Platform determines that an individual violated its rules or protocols. Examples of Social Media Platforms include, but are not limited to, blogs, video- and image-sharing websites or apps (e.g., YouTube, Instagram, TikTok, Snapchat), microblogging websites or apps (e.g., X), and others (e.g., Facebook, Nextdoor, Reddit, LinkedIn).

City Social Media Accounts: Official social media accounts, including mobile apps, which the City of Livermore establishes and maintainsto share information on City-related business and events, and over which it has control over all postings, messages, comments, photos and videos, except for advertisements or hyperlinks by the Social Media Platform’s owners, vendors, or partners.

City Social Media Accounts should supplement, and not replace, the City’s required notices and standard methods of communication.

City Officials’ Personal Electronic Communications Accounts: Electronic Communications accounts (including Social Media accounts) belonging to and maintained independently by the City Officials.

Brown Act: The State of California Ralph M. Brown Act is a state law that guarantees the public’s right to attend and participate in meetings of local Legislative Bodies. The act requires advance notice of meetings, with agendas that describe the business to be conducted.

Meetings subject to the Brown Act are not limited to face-to-face gatherings and include any means through which a majority of a Legislative Body discusses, deliberates or takes action on an item of business outside of a noticed meeting. The Brown Act applies to Social Media use and Electronic Communications.

AB 992: The State of California Assembly Bill (AB) 992 (2020) was enacted as a temporary modification to the Brown Act due to the legislature’s belief that the Brown Act caused public officials to be overly cautious and restricted the free flow of communications between public officials and the public on internet-based Social Media Platforms.

While it would not be a Brown Act violation for two City Officials to talk about City business outside a noticed meeting, AB 992 added a new restriction that a City Official should not comment on another City Official’s online comment on items that are within their Legislative Body’s subject matter jurisdiction. The bill clarified that one City Official’s online comments must be separate from any other City Officials’ comments, and that City Officials cannot “talk” to each other, on matters within their Legislative Body’s subject matter jurisdiction.

EXHIBIT A
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City Council Policy
City Officials’ Use of Electronic Communications and Social Media Last Revision: July 2025

AB 992 encompasses activity across all types of Social Media Platforms. That means it could affect social media commenting, retweeting, liking, disliking, responding with positive or negative emojis and/or screenshotting (photographing) and reposting.

Guidelines and Requirements for the City Officials’ Use of Electronic Communications and Social Media
General Guidelines

1. There is no California law requiring City Officials to use only government accounts to conduct public business, but there should be no expectation of privacy if personal accounts are used to conduct public business.

2. City Officials should be aware that Electronic and Social Media Communications regarding public business that are conducted using personal networks, accounts, or devices may be subject to the same laws as other records of public business, and that mishandling of such communications in violation of applicable laws may subject City Officials and the City to liability under applicable laws.

3. Electronic records relating to public business, including those created using City Officials’ personal accounts, are required to be in a manner capable of maintaining the record for the applicable retention period, including through the use of highlights, bins, or archives for temporary and disappearing stories, reels, posts, or otherwise. Social media content should be treated the same as any written document and retained in accordance with the City retention schedules or the minimum two-year period required under California Government Code. City Officials can seek guidance on complying with this requirement from the City Manager and City Attorney.

4. Any misuse of social media and other communication devices by City Officials may unintentionally cause Brown Act law violations and/or create public records that would need to be disclosed.

5. The Brown Act prohibits decision makers from using a series of communications to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the City’s Legislative Body outside a noticed meeting. For example, common email practices of forwarding or replying to messages can easily lead to a serial meeting (a series of communications outside a formal meeting) that are prohibited by the Brown Act. It is for this reason that City Officials should never use the "Reply All" function when responding to an email, as it increases the risk of creating a serial meeting in violation of the Brown Act.

6. To help avoid any violations of the Brown Act and to be consistent with the requirements of AB 992, City Officials are permitted to use their personal Social Media Platform to engage in

EXHIBIT A
735
City Council Policy
City Officials’ Use of Electronic Communications and Social Media Last Revision: July 2025

conversations or communications on matters within the subject matter jurisdiction of their Legislative Body: (a) to answer questions; (b) to provide information to the public, and (c) to solicit information from the public. However, a majority of members of the Legislative Body may not use social media to “discuss among themselves” official business. AB 992 broadly defines the meaning of “discuss among themselves” to include “communications made, posted, or shared on an internet-based Social Media Platform between members of a Legislative Body, including comments or use of digital icons that express reactions to communications made by other members of the Legislative Body.”

7. AB 992 prohibits a member of a Legislative Body from responding “directly to any communication on an internet-based Social Media Platform regarding a matter that is within the subject matter jurisdiction of the Legislative Body that is made, posted, or shared by any other member of the Legislative Body.” Therefore, if one City Official posts a comment in response to another City Official’s social media post about a City issue, that could be a violation of AB 992, assuming the two serve on the same Legislative Body. Similarly, replying to another City Official (or more than one) via electronic mail could be a violation of this law and the Brown Act, and should be avoided.

8. The City Council has established an expectation that City Officials will not utilize electronic devices to communicate with themselves, the public, or anyone else during a meeting of that City Official’s Legislative Body. Communicating during meetings using electronic technology (such as laptop computers, personal digital assistants, or cellular telephones) may create the perception that a private meeting is occurring without public access, which can introduce other legal concerns such as due process and whether those communications are influencing the outcome of decisions. If requested by a member of the public, these communications may need to be disclosed as public records.

9. The City Council has established an expectation that City Officials who have been issued an official City email address will use that address when communicating electronically about matters related to City business.

Engagement through City Officials’ Personal Electronic Communication Accounts

1. The City does not provide or support personal (not City’s official) Electronic Communications or Social Media accounts for City Officials, with the exception of City Council members who are issued official City electronic mail accounts. City Officials that maintain such personal accounts should be aware that Electronic Communications, Social Media posts, and messages by City Officials regarding matters that are before the City for action or within the City’s jurisdiction can be “official city business” subject to laws and policies regarding freedom of speech, Freedom of Information Act, and public transparency laws. These laws and policies include, but are not necessarily limited to, the California and United States Constitutions, the

EXHIBIT A
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City Council Policy
City Officials’ Use of Electronic Communications and Social Media Last Revision: July 2025

California Public Records Act (CPRA), the Ralph M. Brown Act, the Political Reform Act and the City’s records retention regulations.

2. City Officials are advised to maintain and clearly delineate between their own accounts used for official city business, versus personal or campaign purposes, when engaging in Electronic or Social Media communications, taking precaution not to convey personal or campaign communications in a manner that suggests such communications represent the position of the City, City Council, or Advisory Body as a whole. To avoid ambiguity, profile names on personal or campaign accounts should not be made in the name of the position to which the City Official was elected, should clearly reflect that content on such accounts does not represent the official positions of the City, City Council, or Advisory Body, and should not display the City logo or any other official City mark or title.

3. City Officials should include the following language on their social media accounts to avoid confusion and false expectation that their sites are affiliated with the City: “This page (site) is not operated or endorsed by the City of Livermore and does not reflect official City policies or positions.”

4. Whenever possible, City Officials should refer others to the official City website for further information.

5. If a City Official receives Electronic Communication regarding City business on a personal account, they should copy that information to their official City account (if such exists) for transparency and ease of access for public records requests. Such communications received and/or made on personal accounts if related to City business, may also be subject to the same transparency laws described above.

6. When discussing City business matters, City Officials should avoid deleting comments or blocking individuals on the pages or sites they maintain. In the event that a City Official deletes or removes content or blocks a user for threatening, harassing, or discriminatory content that the City Official believes constitutes an imminent threat or violation of harassment or discrimination laws, a copy of the deleted or removed content should be saved or retained consistent with City records retention policies and this policy. Furthermore, a City Official should report this action to their departmental liaison (for advisory bodies) or the City Manager (for City Council).

7. A City business-related post sent by, or to the public from a City Official’s personal computer or personal cell phone may fall within the definition of a public record and may be disclosed if requested under the CPRA.

EXHIBIT A
737
City Council Policy
City Officials’ Use of Electronic Communications and Social Media Last Revision: July 2025

Engagement through City Social Media Accounts
The City maintains a number of official City Social Media Accounts for the sole purpose of informing, educating and engaging constituents on matters of City business. City Officials may from time to time engage on such City Social Media Accounts by liking, commenting on or sharing official City posts. To maintain compliance with AB 992, City Officials should refrain from commenting on or responding directly to any communication that is made, posted, or shared by any other City Official on any item that is within their subject matter jurisdiction. This includes “liking”, “disliking”, adding emojis to, sharing or forwarding another City Official’s post or comment.

Engagement through Other Open Platforms
From time to time City Officials may engage on other open platforms such as commenting on an online news article. City Officials should take the same precautions as described earlier in this policy when engaging on such platforms.

Key Responsibilities:

City Manager: Responsible for facilitating the review of this policy with the Mayor and City Council every two years, after each municipal election, and incorporating relevantsections of this policy into the City’s Administrative Regulations on the same subject applicable to City staff, consultants and contractors. In collaboration with the City Attorney, the City Manager is responsible for implementing biennial training on the policy for all City Officials.

City Attorney: Responsible for reviewing this policy for compliance with and conformance to applicable laws and regulations and recommending changes to the City Manager during the biennial review process outlined above.

City Officials: Responsible for satisfying the administrative and legal responsibilities related to their use of and engagement through Electronic Communications and Social Media accounts.

Responsible for reporting incidents of potential harassment, comment deletion or blocking, or unintentional policy violation to the City Manager.

Consequences of Policy Violation:

Violations of this policy by City Officials may be subject to removal from official positions (for advisory bodies), removal from representing the City on intergovernmental agencies (for Mayor and City Council), and/or up to and including censure (for Mayor and City Council).

EXHIBIT A
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City Council Policy
City Officials’ Use of Electronic Communications and Social Media Last Revision: July 2025

Acknowledgement Form
I acknowledge that I have received a copy of the City of Livermore’s City Council Policy on Use of Electronic Communications and Social Media and understand that I am to read and comply with its contents. I am aware that failure to comply may lead to consequences stated in the Policy.

City Official Name: __________________________________________________ City Official Title: ___________________________________________________ Date: ________________
Signature: ___________________________________________________________

EXHIBIT A
739
CITY COUNCIL STAFF REPORT ITEM NO. 6.17
DATE: September 8, 2025
TO: Honorable Mayor and City Council
FROM: Molly O'Toole, Assistant City Attorney
SUBJECT: Resolution appointing an Acting City Attorney.

RECOMMENDED ACTION
The City Attorney’s Office recommends the City Council adopt a resolution:

1. Appointing Senior Assistant Attorney Tara Mazzanti as Acting City Attorney, effective August 23, 2025 and continuing until the City Attorney takes office or the City Council rescinds the appointment.

2. Approving a temporary salary increase equal to five percent (5%) of Ms. Mazzanti’s current salary, which is to be in effect during her service as Acting City Attorney.

DECISION TYPE
Administrative

SUMMARY
The City Attorney, Jason Alcala, retired. To ensure continuity of the City’s legal operations, an Acting City Attorney should be appointed to perform the duties of the City Attorney until a new City Attorney takes office.

DISCUSSION
The City Attorney, Jason Alcala, retired on August 22, 2025. After a comprehensive recruitment, the City Council selected Kimberly Cilley to succeed Jason Alcala as the next City Attorney. Kimberly Cilley is set to take office on September 29, 2025.

To ensure the continuity of the City’s legal operations, the City Attorney’s Office recommends that the City Council appoint an Acting City Attorney to have and perform the responsibilities, duties, functions, and authority of the City Attorney until Kimberly Cilley takes office. This includes, without limitation, performing all functions of the City Attorney under the Livermore Municipal Code and California Government Code.
740
The City Attorney’s Office recommends that Senior Assistant City Attorney Tara Mazzanti is appointed as the Acting City Attorney effective August 23, 2025 and continuing until such time as the next City Attorney takes office and that, during her service as Acting City Attorney, she receive a temporary salary increase equal to five percent (5%) of her current salary.

FISCAL AND ADMINISTRATIVE IMPACTS
During the time Ms. Mazzanti is Acting City Attorney, she will receive acting pay equal to 5% of her salary, which will be absorbed by the FY 2025-26 budget.

COMMUNITY PILLAR
5: A City That Works
GOAL
15: Uphold the integrity of Livermore’s Municipal Code, Development Code, and regulations. 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
Prepared by: Andrea Franzel
Law Office Supervisor
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
741
Rev. 04.2025 1 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION APPOINTING AN ACTING CITY ATTORNEY
The City Attorney, Jason Alcala, retired on August 22, 2025. After a comprehensive recruitment, the City Council selected Kimberly Cilley to succeed Jason Alcala as the next City Attorney.

To ensure continuity of legal operations, the City Council desires to appoint an Acting City Attorney to have and perform the responsibilities, duties, functions, and authority of the City Attorney until Kimberly Cilley takes office.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that:

1. Effective August 23, 2025, Senior Assistant City Attorney, Tara Mazzanti, is appointed as Acting City Attorney and shall have the responsibilities, duties, functions, and authority of the City Attorney until the City Attorney takes office or the City Council rescinds this appointment.

2. Tara Mazzanti will receive a temporary salary increase equal to five percent (5%) of her current salary, which is to be in effect during her service as Acting City Attorney.

On motion of Council Member ______________________, seconded by Council Member ______________________, the foregoing resolution was passed and adopted on September 8, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Molly A. O’Toole
Deborah L. Elam Molly A. O’Toole
City Clerk Assistant City Attorney
742
CITY COUNCIL STAFF REPORT ITEM NO. 7.1
DATE: September 8, 2025
TO: Honorable Mayor and City Council
FROM: Brent Smith, Community Development Director
SUBJECT: Hearing to consider a request to approve development of a new, approximately 225,500 square-foot light industrial building and research and development facility on an approximately 14-acre vacant parcel along West Jack London Boulevard west of the Oaks Business Park and an economic incentive package. The facility would test and demonstrate commercially viable clean energy through fusion power.

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 section 21080.69, as amended by Senate Bill 131, a project that consists exclusively of a facility for advanced manufacturing and certify/adopt an Addendum to the SMP 39/SMP 40 Environmental Impact Report, in accordance with the California Environmental Quality Act;

2. Introduce an ordinance, and waive the first reading of Planned Development Industrial Zoning Amendment (PD-I) 25-002 and direct staff not to proceed with a second reading or adoption of the ordinance if Pacific Fusion opts not to locate in Livermore, thereby invalidating the project approvals established by resolution;

3. Adopt a resolution approving Vesting Tentative Tract Map Amendment (VTTM) 8656/Subdivision (SUB) 25-001, Site Plan Design Review (SPDR) 25-005, and Conditional Use Permit (CUP) 25- 002; and

4. Direct the Planning Manager to file a Notice of Exemption and Notice of Determination, in accordance with the provisions of the California Environmental Quality Act, subject to project approval.

Staff recommends the City Council:

1. Adopt a resolution authorizing economic incentive package terms for Pacific Fusion and directing staff to proceed with negotiating an economic incentive agreement and to prepare related documents for subsequent Council action.

DECISION TYPE
743
Legislative

SUMMARY
On March 25, 2024, Livermore City Council authorized pre-zoning and annexation of a 52-acre unincorporated territory known as SMP 39. The intent of the SMP 39 annexation was to create conditions to establish a campus like environment that would facilitate the development of modern professional offices, research and development facilities, advanced manufacturing, experimental and testing laboratories, and related amenities to support Livermore’s innovation economy consistent with the City’s Climate Action Strategies and City-Wide Strategic Plan.

The Pacific Fusion Project (Project) would be located on a 14-acre portion of the SMP 39 site along Jack London Boulevard west of the Oaks Business Park (see Attachment 4 - Location Map). The Project proposes development of a new research and development (R&D) and advanced manufacturing facility to produce, test, and advance the development of a commercially viable approach for providing clean fusion power using established science, practical engineering and affordable manufacturing processes.

The Project includes constructing and operating an approximately 225,500 square-foot building that requires approval of a Planned Development Industrial Zoning Amendment, Vesting Tentative Tract Map Amendment/Subdivision, Site Plan Design Review, Conditional Use Permit, and associated environmental review.

DISCUSSION

BACKGROUND
On March 25, 2024, Livermore City Council authorized land use changes and annexation of unincorporated territory known as SMP 39 and SMP 40 (see Attachment 3 - Annexation Exhibit). After LAFCo approval on July 11, 2024, both SMP 39 and 40 were formally annexed into the City of Livermore. The City Council concurrently authorized the development of SMP 40 to be subdivided into two parcels to accommodate two industrial tilt-up buildings: one totaling 470,530 square feet and the other 288,750 square feet, which is currently under construction and anticipated to be occupied in early 2026. SMP 39 contemplated 755,000 square feet (sf) of light industrial land uses on approximately 52 acres over six parcels. Collectively, these elements constituted the SMP 39/SMP 40 Project, which was evaluated under a single Environmental Impact Report.

PROJECT DESCRIPTION
The Pacific Fusion Project is the development of a new research and development and advanced manufacturing facility to produce, test, and advance the development of a commercially viable approach for providing clean fusion power using established science, practical engineering and affordable manufacturing processes. The Project includes constructing and operating an approximately 225,500 square-foot building, comprised of approximately:
35,000 square feet of office and operational support space 180,470 square feet of industrial space
10,000 square feet of utility space
This proposed light industrial building would have a maximum height of approximately 110 feet to 744
accommodate the pulser and specialized testing equipment. The majority of the building area would be a traditional light industrial office height of 45 feet. The Project’s exterior would be constructed with a combination of tilt up concrete and precast panel or metal panel construction.

The Project includes site improvements such as driveway access from West Jack London Boulevard, onsite landscaping and a surface parking lot. The Project would also include public improvements such as the widening of Jack London Boulevard, with median, landscape, lighting, curb and gutter, a Class I Trail along the Project frontage, and new signalized access into the site. Attachment 5 shows the development plans for the Project.

The Pacific Fusion Project includes the following entitlements:

Planned Development Industrial (PD-I) Zoning Amendment: Amends the height standard to allow up to 110-foot max building height (with conditional use permit) to accommodate interior building clearance for specialized equipment or other design features that support research and development, and experimental lab uses consistent with the purpose of the zone. The amendment also includes removing the provision that limits Warehouse and Distribution Facilities to 20% of the total site (SMP 39) area.

Vesting Tentative Tract Map (VTTM) Amendment: Modifies the Tentative Tract Map to create an approximately 14-acre parcel on a portion of the SMP 39 Site to accommodate the new research and development facility.

Site Plan Design Review (SPDR): Ensures the site layout, landscape design, and building architecture complies with the zoning and Industrial Design Standards.

Conditional Use Permit (CUP): Authorizes a building height up to 110-feet.

PROJECT SITE CONTEXT
The Project Site is approximately 14 acres of vacant, undisturbed grasslands located west of the Oaks Business Park and south of West Jack London Boulevard and the Livermore Municipal Airport. Table 1, below, summarizes the General Plan land use designation, zoning classification, and existing land use on the Project Site and surrounding properties. The Project Site is approximately 800 feet west of the Discovery Drive/West Jack London Boulevard intersection as shown on the Attachment 4 location map.

Table 1: Project Site and Surrounding Land Uses
General Plan
Designation
Zoning Designation Existing Land Use
North
City of Livermore:

Community Facilities –
Airport (CF-AIR)
City of Livermore: Airport
– Service (AIR- SE)
Livermore Municipal
Airport
South
Alameda County: Water
Management
City of Livermore: Open
Space/Sand
and Gravel (OSP/S&G)
Alameda County:

Agriculture (A) with an
overlay permitting
quarry operations
Gravel quarries and
industrial ponds
associated with mining
East
City of Livermore: Low
Intensity Industrial (LII)
City of Livermore:

Planned Development
Industrial (PD-I) 01-003
Oaks Business Park
745
West City of Livermore: Low
Intensity Industrial (LII)
Planned Development
Industrial PD-I-22-001
Primarily vacant
Subject Site
City of Livermore: Low
Intensity Industrial (LII)
Planned Development
Industrial PD-I-22-001
Vacant

STAFF ANALYSIS
General Plan Land Use and Scenic Corridor Policies
The Project Site is adjacent to and within the City’s South Livermore Urban Growth Boundary. The Livermore General Plan designates the site as Low Intensity Industrial. The Low-Intensity Industrial (LII) designation identifies land uses including manufacturing, warehousing, research and development facilities, and administrative and professional offices. The Project proposes research and development, administrative and professional offices, and manufacturing of specialized components and equipment consistent with the land use designation.

Further, the General Plan establishes a scenic corridor defined as 3,500 linear feet from the centerline of the I-580 freeway. The project site is located approximately 4,300 linear feet from the I-580 freeway.

Therefore, the Project is outside of and not subject to the City's I-580 Scenic Corridor policy.

Climate Action Plan
The Project would implement the Climate Action Plan Strategy to foster an innovative green economy.

The Project is a research and development and advanced manufacturing facility that works towards the commercialization of a new green energy technology (Fusion Energy), consistent with this City’s Climate Action Strategy.

Current Zoning Classification and Planned Development Amendment The Project Site is currently zoned Planned Development Industrial (PD-I) 22-001. PD-I 22-001 permits an assortment of light and medium industrial uses such as research and development facilities, advanced manufacturing, professional and administrative offices and experimental laboratories and supportive uses. The Pacific Fusion Project incorporates all four of these uses into one facility.

The applicant is proposing to amend the PD-I 22-001 height standard to allow up to 110-foot max building height (which also requires a conditional use permit) to accommodate interior building clearance for specialized equipment or other design features that support research and development, and experimental lab uses consistent with the purpose of the zone. The height standard would not add additional internal stories or intensify the use. The additional height simply provides clear space for specialized equipment and machinery to support manufacturing and research and development of new technologies through a conditional use permit.

The PD-I amendment also includes removing the provision that limits Warehouse and Distribution Facilities to 20% of the total SMP 39 site area to further facilitate the build out of the remainder of SMP 39 and facilitate the Pacific Fusion project by helping to provide market confidence to finance the project construction (Exhibit B - Planned Development Industrial Zoning Amendment).

If Pacific Fusion does not choose to locate in Livermore, staff recommend Council direct staff to not 746
proceed with a second reading of the ordinance amending the Planned Development zone, which would also invalidate the project approvals established by resolution.

Subdivision - Vesting Tentative Tract Amendment 8656
The Project entitlements include a Vesting Tentative Tract Map Amendment for SMP 39 in conformance with Part 10 of the Livermore Development Code (and Government Code and the Subdivision Map Act, by reference).

The proposed Vesting Tentative Tract Map (VTTM) Amendment, which covers all 52 acres of SMP 39, would revise the previous VTTM to adjust the parcel sizes of six lots. The parcels originally ranged in size from approximately 5.75 acres to approximately 11.76 acres and are now proposed to range in size from approximately 5 acres to approximately 14 acres (Attachment 5 – Development Plans).

The VTTM would require the developer to dedicate 29 feet of public right of way and construct the widening of Jack London Boulevard, from two lanes to four with landscaped median, consistent with the City’s Standard Details. The median includes 26 California Sycamore trees. Access to the entirety of SMP 39 would be via four new 40-foot-wide driveways from West Jack London Boulevard. The eastern access into Pacific Fusion will be signalized consistent with the City’s Standard details whereas the western drive into Pacific Fusion would be designed as “right in-right out only” driveway.

The City maintains an Active Transportation Plan (ATP) that identifies existing and proposed required trails and bike lanes throughout the City, and identifies key locations for new bicycle lanes and trail segments, in order to promote connectivity and encourage use of alternative modes of transportation.

The VTTM also requires the developer to build a Class 1A, separated trail along the project frontage as part of the West Jack London Boulevard widening, consistent with the ATP. The proposed asphalt trail is conditioned to be 10 feet wide and located within a 38.5’ trail easement, which includes two-foot shoulders, street trees, landscaping, and a bio retention area. The developer will also be required to construct an on-street Class 2 bike trail on the south side of Jack London along the project frontage, similar to the existing bike trail east of the project site. The 6- foot wide on-street bike trail will be separated from the travel lane with a 4-foot painted buffer.

Site Plan and Design Review
The Site Plan Design Review (SPDR) 25-005 ensures the Project Site layout, landscape design, and building architecture complies with Livermore Development Code and the City's Design Standards and Guidelines.

A conceptual site plan for SMP 39 was included in the original entitlement package approved by Council in March 2024. The concept plan shows the potential square footage that was necessary for the Draft EIR to analyze potential traffic, noise, and other environmental impacts. SPDR 25-005 revises this conceptual plan as described below in the Parking, Landscape and Architecture sections. An Addendum to the 2024 SMP 39/SMP 40 EIR was prepared as described in the Environmental Determination section below.

Development Standards. Planned Development – Industrial (PD-I) 22-001 establishes industrial development standards that regulate height, lot coverage (i.e., what percentage of the lot is covered by the building) and setbacks. The Project complies with the development standards for PD-I 22-001 as 747
amended by PD25-002 as described below.

Development Criteria
PD-I 22-001 Standard as
amended by PD25-002
Proposed Analysis
Height
Maximum height with
approval of proposed
Condition Use Permit
110 feet, or the height
permitted under FAA
regulations – Part 77,
whichever is more restrictive
110 feet
Complies subject to
proposed Conditional
Use Permit
Setbacks from Property
Lines
Front setback
40-feet on West Jack London
Boulevard
45 feet Complies
Side setbacks None
West – 200 feet
East – 300 feet
Complies
Parking Setback 5 foot landscaped setback 7 feet Complies Rear setback None 35 feet Complies
Lot Coverage
Lot coverage 45 percent maximum 37% Complies
Parking. The Livermore Development Code (LDC) establishes office and industrial parking standards.

The Project complies with the standards as described below.

Parking Criteria LDC Standard Required Proposed
Vehicular Parking
Office
1 space per 300
sf
117 spaces 117 spaces
Industrial
1 space per
1,200 sf
150 spaces 151 spaces
EV Capable Minimum 30% 80 spaces 81 spaces
EV Ready Minimum 20% 54 spaces 54 spaces
Bike Parking
Industrial
Minimum 10% of
off-street parking
requirement
27 spaces 28 spaces
Landscape Design. The site plan includes landscape design to support and complement the building architecture and the surrounding industrial area, including providing screening for loading and storage areas. The proposed planting plan includes a variety of trees, shrubs, and groundcovers that are distributed throughout the site and around the proposed buildings consistent with the Livermore Design Standards and Guidelines (DSG) section 4.D.3 (as further described in Attachment 1 Planning Commission Report and shown in Attachment 5 Development Plans). All the proposed planting would be low water usage consistent with the Water Efficient Landscape Ordinance, Livermore Municipal Code

13.25. Architecture. The building is primarily comprised of concrete tilt-up panels with smooth finishes and score lines aluminum storefront framing and tempered glass at building entrances and office areas. Such details break up the building wall planes, consistent with Design Standards and Guidelines section 4.C.2. 748
Building colors proposed are a variety of grays along the horizontal bands, and the vertical wall sections encompassing the parapets are a darker blue consistent with the surrounding buildings at the Oaks Business Park consistent with the Design Standards and Guidelines (as further described in Attachment 1- Planning Commission Report and shown in Attachment 5 Development Plans). The roof parapets are conditioned to screen future roof-mounted equipment from public view in compliance with Development Code section 4.05.040.B.

Public Art. The applicant is proposing public art on site in compliance with Livermore Municipal Code Chapter 12.50. Concepts for the art piece, which will be located on the north elevation of the 110-foot portion of the building facing Jack London Boulevard, include fabricated metal, mosaic tile, or a painted mural depicting the science occurring within the building. The public art will be reviewed and approved by the Arts Commission prior to Building Permit issuance.

Conditional Use Permit for Increased Height and Livermore Airport Compatibility A Conditional Use Permit (CUP) is required by the Planned Development Industrial zoning district to increase the building height to a maximum of 110 feet. This will accommodate interior building clearance requirements, specialized equipment or other design features that support research and development and/or experimental lab uses consistent with the intent and purpose of this district, upon providing a minimum 40-foot setback from street rights-of-way. The Project includes a request for a CUP to accommodate the equipment required for operational purposes.

The purpose of the PD-I 22-001 is to provide an environment exclusively for and conducive to the development of modern professional and administrative facilities, research institutions, manufacturing operations, experimental and testing laboratories and related facilities. The Pacific Fusion Project proposes to construct and operate modern professional and administrative facilities, research and manufacturing operations, and an experimental and testing laboratory consistent with the zoning district and the City’s strategic goals.

The Project’s proposed use requires additional clearance to support a pulse system designed to demonstrate and test the production and effectiveness of fusion energy. The proposed building design would add volume to support this pulse system and machinery needed to operate and maintain it. The additional height would not include additional stories or square footage, just indoor clear space.

Therefore, the CUP would comply with the zoning, as amended.

Due to proximity to the Livermore Municipal Airport, the SMP 39/SMP 40 Project was reviewed by the City Airport Commission and Alameda County Airport Land Use Commission (ALUC) on October 2, 2023, and October 9, 2023, respectively. The Project Site is within Airport Safety Zone 6, as identified in the Airport Land Use Compatibility Plan (ALUCP), which permits office, research and development, and warehouse and distribution uses. PD-I 22-001 (if amended) allows heights up 110 feet with a CUP, subject to Federal Aviation Administration (FAA) Part 77 regulations.

On May 12, 2025, the ALUC staff determined that the Project is compatible with the ALUCP (Attachment 6). Similarly, City of Livermore Airport Staff determined that the Project is consistent with the original 2024 SMP 39 approval that was reviewed and recommended for approval by the City Airport Commission subject to the conditions set forth in the attached Conditions of Approval (Exhibit B - Conditions of Approval). These conditions include avigation easements, airport-in-vicinity deed notifications, requiring the applicant to file a Notice of Proposed Construction or Alteration with the 749
Federal Aviation Administration (FAA), and interior building noise consistent with Title 24 requirements.

PLANNING COMMISSION
On August 12, 2025, at a public hearing, the Planning Commission voted 5-0 recommending the City Council approve the Project. The Planning Commission further emphasized the community benefits of the Project. Three public comments were received in support of the Project, citing job growth, tax revenue, and a green economy. The Planning Commission Staff Report and Minutes are attached (Attachments 1 and 2).

ENVIRONMENTAL DETERMINATION
As described in the Environmental Resolutions, the Project is exempt from the California Environmental Quality Act (CEQA) under Public Resources Code section 21080.69, as amended by Senate Bill 131, because it is a project that consists exclusively of a facility for advanced manufacturing on land that is zoned exclusively for industrial uses and is not located on natural or protected lands. Advanced manufacturing is defined by Public Resources Code section 26003 as a manufacturing process that improves existing or creates entirely new materials, products, or processes through the use of science, engineering or information technology, high-precision tools and methods, a high-performance workforce, and innovative business or organizational models utilizing advanced materials, integrated computational materials engineering, or additive manufacturing, among other things. This includes sustainable manufacturing systems and technologies that minimize the use of resources while maintaining or improving costs and performance, so long as such manufacturing or technological systems aren’t required to be undertaken by state or federal law.

The proposed Project will lead to the commercialization of a technology (fusion) that would minimize the use of carbon-emitting resources for electricity generation. It is considered advanced manufacturing because this Project will create an R&D facility to test a new technology not available today. The Project will employ a highly skilled workforce to pilot and test the manufacturing, assembly, and performance of core components, with the goal to prove the concept that it is possible to scale up this cutting-edge process and technology for commercial fusion power generation facilities in the future. The Project will lead to advancements that include improvements in manufacturing processes and systems that are often referred to as “smart” or “intelligent” manufacturing systems, which integrate computational predictability and operational efficiency. Unlike regulated sustainable manufacturing systems such as solar panels and EV batteries that involve mass production, the proposed fusion power test facility will function primarily as a research and testing facility that will not involve mass production or manufacturing beyond what is needed for the test facility itself. The regulatory oversight for the Project is comparable to that of a laboratory, focusing on worker safety requirements and standard operational protocols. Thus, staff believes the Project qualifies as advanced manufacturing for CEQA exemption purposes because it produces advanced materials used in energy systems that are high-tech and precision-driven, through the use of highly skilled workforce to contribute to processes or technologies that could later be commercialized.

Additionally, in 2024, the City Council certified an Environmental Impact Report for the SMP 39/SMP 40 projects (2024 EIR). The EIR analyzed the impacts of the SMP 39/SMP 40 project at full buildout. As described in the Environmental Resolutions, an Addendum to the 2024 EIR was prepared for the Project (Attachment 10). Although the Project differs from what was analyzed in the 2024 EIR, with a change in allowable height and use limitations and revised parcel size and layout, the Addendum finds that more 750
severe impacts beyond those analyzed in the 2024 EIR would not occur as a result of the Project. For these reasons, no new EIR is required, and the Project meets all requirements of the California Environmental Quality Act, per CEQA Guidelines section 15164.

Further, the Economic Incentive Package (as described below) would facilitate and assist with the implementation of the Project, which is exempted or otherwise evaluated in the Addendum. Therefore, the incentive package is also exempted or otherwise included in the Addendum, and would not result in new or unanticipated impacts, and would not require additional analysis.

ECONOMIC INCENTIVES FRAMEWORK
The City of Livermore is competing with other jurisdictions to attract the Pacific Fusion research and development (and demonstration) facility. Pacific Fusion’s venture capital funding is tied to achieving technical milestones and key performance metrics. Achieving these metrics require significant capital investment and the high cost of doing business in California compared to other locations under consideration could potentially limit resources needed to meet these technical milestones. Pacific Fusion has stated that any cost savings on business operations would be beneficial to the mid-to-long-term viability of the company and the City’s competitiveness compared to other jurisdictions.

Staff recommends the City Council consider and adopt a resolution to direct staff to move forward with and prepare all necessary and related documents to implement an economic incentives program framework to make Livermore more competitive by waiving, deferring, or rebating certain fees and taxes, including but not limited to:

Unsecured Property Tax Rebate. Rebate 80% of Livermore's share of all unsecured property tax for a period of 10 years (or as long as Pacific Fusion is in operation at this location, whichever is shorter). Property Tax is divided into Secured and Unsecured. Secured property tax is levied on real property such as land, site improvements, buildings, and structures. Unsecured property taxes are levied on property that is considered "personal property" and can be relocated such as equipment, machinery, fleet vehicles, etc. Pacific Fusion’s unsecured property tax is projected to be unusually high due to the specialized equipment needed for operations. Under this proposal, the City would retain all secured property tax (land and building) and 20% of the unsecured property tax. This would allow the Project to retain resources needed to invest in and advance the technology.

Tax on Industrial Construction Elimination. Currently Livermore Municipal Code Chapter 3.08, Article IV establishes a tax on industrial construction. This is a one-time tax on construction paid during the building permit process. As part of the proposed incentives package, staff would return with a Municipal Code amendment to allow the City to waive or adjust the industrial construction tax under specific conditions in certain industrial districts for unique research and development facilities, or experimental and testing laboratories, that generate a range of medium to high-wage jobs. This action would remove approximately $630,000 from project costs.

Community Facilities District Formation (CFD). Formation of a CFD on the property would allow the developer to issue bonds to fund all applicable City impact fees and public improvement costs.

A special tax levied on the property within the CFD, established pursuant to the requirements of the Mello-Roos Community Facilities Act of 1982 (Gov. Code sections 5311 et seq.) would be 751
used to repay bond's principal and interest expenses. Typically, CFDs span 30 years. CFD bonds are tax exempt for public improvement costs and can be tax exempt to fund development impact fees if the City can program Capital Projects of an equal value within three years of the bond issuance. A CFD would enable the Project to defer upfront costs and spread them over time, thus freeing up capital resources to put towards advancing the technology. Under a CFD, the City would still receive impact fees upfront and the bond issuance would to be used to fund public improvements for the community and cover the developer's impact fee expenses.

This incentive program serves a direct and substantial public purpose because, as noted below, the Project is expected to create and retain skilled jobs and catalyze an advanced manufacturing and research and development hub which will expand the City’s long-term tax base while promoting the local and statewide objectives for clean electricity and climate resilience. Following Council direction to proceed with the Incentive Program, staff would return with subsequent actions to implement the economic development framework described above.

FISCAL AND ADMINISTRATIVE IMPACTS
The Project would support the Livermore economy by providing approximately 250 high quality jobs at a variety of levels, including technicians, engineers, and scientists. Further, the Project may act as a catalyst for an emerging fusion energy industry cluster and draw interest from related businesses, vendors, and suppliers wanting to locate in Livermore near Pacific Fusion and the National Labs. This catalyst could initiate additional economic growth.

The Project and its workforce are estimated to indirectly contribute to offsite sales and use taxes of approximately $45,000 annually. In addition, the Project itself would result in increased property tax revenue (secured and unsecured) estimated at $750,000 per year. With the combination of other taxes and fees, the Project would generate initial estimated fiscal revenues of approximately $1 million, annually. Finally, after providing the unsecured property tax rebate back to Pacific Fusion (for the first 10 years) the annual estimated revenue to the City would be approximately $600,000. For comparison, current assessed value of SMP 39 is approximately $12,000.

Administratively, staff time allocated to entitlement review is offset by required entitlement application fees. Ongoing staff resources will be required to form and implement a Community Facilities District (CFD). This administrative cost would be included in the total cost of the District and covered in the bond issuance. Staff time and resources would be required to implement the other economic incentives.

COMMUNITY PILLAR
2: An Economy That Prospers
GOAL
3: Encourage an innovation driven economy

GUIDING DOCUMENTS
General Plan
Development Code
752
Climate Action Plan

ATTACHMENTS

1. Planning Commission Staff Report

2. Planning Commission Meeting Minutes

3. Annexation Exhibit

4. Location Map

5. Development Plans

6. ALUC Staff Determination

7. Resolution - Environmental Exemption

8. Exhibit A - Planning Commission Resolution - Environmental

9. Resolution - Environmental Addendum

10. Exhibit A - Planning Commission Resolution - Environmental

11. Exhibit B - Pacific Fusion Addendum

12. Ordinance

13. Exhibit A - Planning Commission Resolution - Project

14. Exhibit B - Planned Development Amendment

15. Resolution - Project

16. Exhibit A - Planning Commission Resolution - Project

17. Exhibit B - Conditions of Approval

18. Resolution - Economic Incentive Package
Prepared by: Emily LaDue
Assistant Planner
Approved by:
____________________________________
Marianna A. Burch
City Manager
Fiscal Review by:
____________________________________
Tina Olson
Administrative Services Director
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PLANNING COMMISSION STAFF REPORT ITEM NO. 3.1
DATE: August 12, 2025
TO: Chairperson and Members of the Planning Commission
FROM: Steve Riley, Planning Manager
SUBJECT: Hearing to consider a request to approve development of a new, approximately 225,500 square-foot light industrial building and research and development facility on an approximately 14-acre vacant parcel along West Jack London Boulevard west of the Oaks Business Park. The facility would test and demonstrate commercially viable clean energy through fusion power.

RECOMMENDED ACTION
Staff recommends the Planning Commission adopt resolutions recommending the City Council:

1. Find that the project is exempt under the California Environmental Quality Act section 21080.69, as amended by Senate Bill 131, a project that consists exclusively of a facility for advanced manufacturing, and certify/adopt an Addendum to the SMP 39/40 Environmental Impact Report, in accordance with the California Environmental Quality Act.

2. Approve Planned Development Amendment (PD) 25-002, Vesting Tentative Tract Map (VTTM) 8656/Subdivision (SUB) 25-001, Site Plan Design Review (SPDR) 25-005, and Conditional Use Permit (CUP) 25-002.

3. Direct the Planning Manager to file a Notice of Exemption and Notice of Determination, in accordance with the provisions of the California Environmental Quality Act, subject to project approval.

DECISION TYPE

SUMMARY
On March 25, 2024, Livermore City Council authorized pre-zoning and annexation of unincorporated territory known as SMP 39 and SMP 40 west and south of the Oaks Business Park respectively. The intent of the SMP 39 annexation was to create conditions to establish a campus like environment that would facilitate the development of modern professional offices, research and development facilities, manufacturing operations, experimental and testing laboratories, and related amenities to support Livermore’s innovation economy consistent with the City’s Climate Action Strategies and City-Wide Strategic Plan. SMP 39 is approximately 52 acres and SMP 40 is approximately 41 acres.

ATTACHMENT 1
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The Pacific Fusion Project (Project), proposed to be on a 14-acre portion of the SMP 39 site along Jack London Boulevard, is the development of a new research and development (R&D) and advanced manufacturing facility to produce, test, and advance the development of a commercially viable approach for providing clean fusion power using established science, practical engineering and affordable manufacturing processes (see Attachment 2 - Location Map). The Project includes constructing and operating an approximately 225,500 square-foot building that requires approval of a Planned Development Industrial Zoning Amendment, Vesting Tentative Tract Map Amendment, Site Plan Design Review, Conditional Use Permit, and associated environmental review.

DISCUSSION

BACKGROUND
On March 25, 2024, Livermore City Council authorized land use changes and annexation of unincorporated territory known as SMP 39 and SMP 40 (see Attachment 1 - Annexation Exhibit). After LAFCo approval on July 11, 2024, both SMP 39 and 40 were formally annexed into the City of Livermore. In addition and concurrently, LAFCo approved moving Livermore's Sphere of Influence boundaries to include SMP 39. City Council concurrently authorized the development of SMP 40 to be subdivided into two parcels to accommodate two industrial tilt-up buildings: one totaling 470,530 square feet and the other 288,750 square feet, which is currently under construction and anticipated to be occupied in early 2026. SMP 39 contemplated 755,000 square feet (sf) of light industrial land uses on 52 acres over 6 parcels. Collectively, these elements constituted the SMP 39/SMP 40 Project, which was evaluated under a single Environmental Impact Report.

PROJECT DESCRIPTION
The Pacific Fusion Project (Project) is the development of a new research and development (R&D) and advanced manufacturing facility to produce, test, and advance the development of a commercially viable approach for providing clean fusion power using established science, practical engineering and affordable manufacturing processes. The Project includes constructing and operating an approximately 225,500 square-foot building, comprised of approximately:
35,000 square feet of office and operational support space 180,470 square feet of industrial space
10,000 square feet of utility space
This proposed light industrial building would have a maximum height of approximately 110 feet to accommodate the pulser and specialized testing equipment. The majority of the building area would be a traditional light industrial office height of 45 feet. The Project’s exterior would be constructed with a combination of tilt up concrete and precast panel or metal panel construction.

The Project includes site improvements such as driveway access from West Jack London Boulevard, onsite landscaping and a surface parking lot. The Project would also include public improvements such as the widening of Jack London Boulevard, with median, landscape, lighting, curb and gutter, a Class I Trail along the Project frontage, and new signalized access into the site. Attachment 3 shows the development plans for the Project.

ATTACHMENT 1
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The Pacific Fusion Project includes the following entitlements:

Planned Development Industrial Zoning Amendment: Amends the height standard to allow up to 110-foot max building height (with conditional use permit) to accommodate interior building clearance for specialized equipment or other design features that support research and development, and experimental lab uses consistent with the purpose of the zone. The amendment also includes removing the provision that limits Warehouse and Distribution Facilities to 20% of the total site (SMP 39) area.

Vesting Tentative Tract Map (VTTM) Amendment: Modifies the Tentative Tract Map to create an approximately 14-acre parcel on a portion of the SMP 39 Site to accommodate the new research and development facility.

Site Plan Design Review (SPDR): Ensures the site layout, landscape design, and building architecture complies with the zoning and Industrial Design Standards.

Conditional Use Permit (CUP): Authorizes a building height up to 110-feet.

PROJECT SITE CONTEXT
The Project Site is approximately 14 acres of vacant, undisturbed grasslands located west of the Oaks Business Park and south of West Jack London Boulevard and the Livermore Municipal Airport. Table 1, below, summarizes the General Plan land use designation, zoning classification, and existing land use on the Project Site and surrounding properties. The Project Site is approximately 800 feet west of the Discovery Drive/West Jack London Boulevard intersection as shown on the Attachment 2 location map.

Table 1: Project Site and Surrounding Land Uses
General Plan
Designation Zoning Designation Existing Land Use
North
City of Livermore:

Community Facilities –
Airport (CF-AIR)
City of Livermore: Airport
– Service (AIR- SE)
Livermore Municipal
Airport
South
Alameda County: Water
Management
City of Livermore: Open
Space/Sand
and Gravel (OSP/S&G)
Alameda County:

Agriculture (A) with an
overlay permitting
quarry operations
Gravel quarries and
industrial ponds
associated with mining
East City of Livermore: Low
Intensity Industrial (LII)
City of Livermore:

Planned Development
Industrial (PD-I) 01-003
Oaks Business Park
West City of Livermore: Low
Intensity Industrial (LII)
Planned Development
Industrial PD-I-22-001 Primarily vacant
Subject Site City of Livermore: Low
Intensity Industrial (LII)
Planned Development
Industrial PD-I-22-001 Vacant

STAFF ANALYSIS
General Plan Land Use
The Project Site is adjacent to and within the City’s South Livermore Urban Growth Boundary. The Livermore General Plan designates the site as Low Intensity Industrial. The Low-Intensity Industrial (LII) ATTACHMENT 1
756
designation identifies land uses including manufacturing, warehousing, research and development facilities, and administrative and professional offices. The Project proposes research and development, administrative and professional offices, and manufacturing of specialized components and equipment consistent with the land use designation. The Project is outside of and not subject to the City's I-580 Scenic Corridor policy.

Citywide Strategic Plan
The Citywide Strategic Plan identifies Goals and Strategic Pillars. The Project would support the Pillar - An Economy that Prospers. The Project would provide approximately 250 high-quality jobs at a variety of different levels, from technicians to engineers and scientists. Further, the use would likely act as an emerging industry cluster. When established, the use would likely draw interest from related businesses, vendors, and suppliers wanting to locate in Livermore and near Pacific Fusion and the Labs. This catalyst would initiate additional economic growth.

Climate Action Plan
The Project would help implement the Climate Action Plan. The Climate Action Plan establishes Strategies to: Foster an innovative green economy. The Project is a research and development and advanced manufacturing facility that works towards the commercialization of a new green energy technology (Fusion Energy), consistent with the City’s Climate Action Strategy.

Current Zoning Classification and Planned Development Amendment The Project Site is currently zoned Planned Development Industrial (PD-I) 22-001. The purpose of the zoning district is to provide an environment exclusively for and conducive to the development and protection of modern professional and administrative facilities, research institutions, manufacturing operations, experimental and testing laboratory and related uses, any similar employment generating high-end industrial users, and to provide for an aesthetically attractive working environment with campuslike grounds, attractive buildings, employee parking, and other amenities appropriate to a mix of office and industrial uses.

PD-I 22-001 permits an assortment of light and medium industrial uses such as research and development facilities, advanced manufacturing, professional and administrative offices and experimental laboratories and supportive uses. The Pacific Fusion Project incorporates all four uses into one facility.

The applicant is proposing to amend the PD-I 22-001 height standard to allow up to 110-foot max building height (which also requires a conditional use permit) to accommodate interior building clearance for specialized equipment or other design features that support research and development, and experimental lab uses consistent with the purpose of the zone. The height standard would not add additional stories, or intensify the use, The additional height simply provides clear space for specialized equipment and machinery to support manufacturing and research and development of new technologies through a conditional use permit.

The zoning amendment also includes removing the provision that limits Warehouse and Distribution Facilities to 20% of the total site area to further facilitate the build out of the remainder of SMP 39 and respond to market conditions (Attachment 9 – Exhibit B Planned Development Industrial Amendment ATTACHMENT 1
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with redlines showing the proposed changes).

Vesting Tentative Tract Amendment 8656 Subdivision
The Project entitlements include a Vesting Tentative Tract Map Amendment for SMP 39 in conformance with Part 10 of the Livermore Development Code (and Government Code and the Subdivision Map Act, by reference).

The proposed Vesting Tentative Tract Map (VTTM) Amendment, which covers all 52 acres of SMP 39, would revise the previous VTTM to adjust the parcel sizes of 6 lots. The parcels originally ranged in size from approximately 5.75 acres to approximately 11.76 acres and are now proposed to range in size from approximately 5 acres to approximately 14 acres (Attachment 3 – Development Plans).

The VTTM would require the developer to dedicate 29 feet of public right of way and construct the widening of Jack London Boulevard, from two lanes to four with landscaped median, consistent with the City’s Standard Details. The median includes 26 California Sycamore trees. Access to the entirety of SMP 39 would be via four new 40-foot-wide driveways from West Jack London Boulevard. The eastern access into Pacific Fusion will be signalized consistent with the City’s Standard details whereas the western drive into Pacific Fusion would be designed as “right in-right out” driveway.

The City maintains an Active Transportation Plan (ATP) that identifies existing and proposed required trails and bike lanes throughout the City, and identifies key locations for new bicycle lanes and trail segments, in order to promote connectivity and encourage use of alternative modes of transportation.

The VTTM also requires the developer to build a Class 1A, separated trail along the project frontage as part of the West Jack London Boulevard widening, consistent with the ATP, the proposed asphalt trail is 8 feet wide and located within a 38.5’ trail easement, which includes two-foot shoulders, street trees, landscaping, and a bio retention area. The developer will also be required to construct an on-street Class 2 bike trail on the south side of Jack London along the project frontage, similar to the existing bike trail east of the project site. The bike trail will be separated from the travel lane with a 4-foot painted buffer.

Site Plan and Design Review
The Site Plan Design Review (SPDR) 25-005 ensures the Project Site layout, landscape design, and building architecture complies with Livermore Development Code and the City's Design Standards and Guidelines.

A conceptual site plan for SMP 39 was included in the original entitlement package approved by Council in March 2024. The concept plan shows the potential square footage that was necessary for the Draft EIR to analyze potential traffic, noise, and other environmental impacts. SPDR 25-005 revises this conceptual plan as described below in the Parking, Landscape and Architecture sections. An Addendum to the 2024 SMP 39/40 addendum was prepared as described in the Environmental Determination section below.

Development Standards
Planned Development – Industrial (PD-I) 22-001 establishes industrial development standards that regulate height, lot coverage (i.e., what percentage of the lot is covered by the building), and setbacks for all sites within the PD-I zoning designation. The Project complies with the development standards for ATTACHMENT 1
758
PD-I 22-001 as described below.

Development Criteria Amended PD-I 22-001
Standard Proposed Analysis
Height
Maximum height with a
Condition Use Permit
110 feet, or the height
permitted under FAA
regulations – Part 77,
whichever is more
restrictive
110 feet Complies subject to
Conditional Use Permit
Setbacks from Property
Lines
Front setback 40-feet on West Jack
London Boulevard 45 feet Complies
Side setbacks None West – 200 feet
East – 300 feet Complies
Parking Setback 5 foot landscaped
setback 7 feet Complies
Rear setback None 35 feet Complies
Lot Coverage
Lot coverage 45 percent maximum 37% Complies
Parking
The Livermore Development Code requires one parking space per 300 square feet for Office uses and one parking space per 1,200 square feet of Industrial uses per Table 4.6 – Automobile Parking Requirements. The Project proposes 35,000 square feet of office space and 180,470 square feet requiring a total of 268 vehicle parking stalls. A total of 268 vehicle parking stalls would be provided at the Project Site, therefore meeting the requirement. Of the total parking spaces, 81 spaces will be EV capable and 54 will be EV ready. The 268 parking stalls would be located to the east of the proposed building. The loading docks are located on the west side of the building.

In addition, the Project would provide 28 bicycle parking spaces (14 inside and 14 outside), which exceeds the requirement of 27 spaces. The bicycle parking is located near the entrance on the northeast corner and on the interior of the building. Landscape Design The site plan includes landscape design to support and complement the building architecture and the surrounding industrial area. The proposed planting plan includes a variety of trees, shrubs, and groundcovers that are distributed throughout the site and around the proposed buildings – consistent with the Livermore Design Standards and Guidelines (DSG) section 4.D.3.

Tree species include a mixture of evergreen and deciduous trees including Brisbane Box, California Sycamore, Chinese Pistache, Sunburst Honey Locust, Hardy Red Oleander, and Fruitless Olive. Three of these species are California Native Trees.

Shrub species include a mixture of evergreen and deciduous shrubs including Lavender Cotton, Upright Rosemary, Peninsular Manzanita, and more.

ATTACHMENT 1
759
Groundcover species include a mixture of species including Island Alum Root, Fort Night Lily, and Chapparal Clematis. Six of the shrub and groundcover species are pollinators.

All the proposed planting would be low water usage consistent with the Water Efficient Landscape Ordinance, Livermore Municipal Code 13.25.

The Project provides screening for loading docks with trees and shrubs that will screen loading docks from the properties to the south and west. This is consistent with the screening provisions for service areas per the Livermore Design Standard and Guidelines 4.D.3.3.

Development Code Table 4.12, Required Interior Parking Lot Landscaping describes the minimum parking lot landscaping required based on the number of parking spaces. The Project Site meets this standard by providing at or above 16 percent of the parking area in landscaped area. Development Code Table 4.13, Required Shade Trees, requires 16 trees per gross site area acre, minus building coverage.

The Project Site includes 155 trees on the parcel, which exceeds the minimum requirement of 154 trees.

All proposed trees are 24-inch box size, exceeding The Livermore Development Code requirement that 20 percent of the trees be planted at 24-inch box size.

An 8-foot tall, wrought iron fence is proposed along the southern and western property lines, as well as a gate along the western entrance, for security and screening. The storage tanks in the southwestern corner will generally be screened by fencing and landscaping.

Therefore, the landscape design is also consistent with the Industrial Design Standards and Guidelines including providing a hierarchy of plantings and minimum planting size requirements.

Architecture
Architecture is primarily concrete tilt-up panels with smooth finishes, with aluminum storefront framing and tempered glass at building entrances and office areas.

The majority of the buildings would be up to approximately 43 feet in height, except for the portion of the building proposed to be up to 110 feet in height as described in the Conditional Use Permit section below. Vertical parapets extend periodically above the primary roof line, as do a series of horizontal and vertical score lines. Together, these details break up the building wall planes, consistent with Design Standards and Guidelines section 4.C.2.

The roof parapets are conditioned to screen future roof-mounted equipment from public view in compliance with Development Code section 4.05.040.B. The building's roofline and wall plane design are also consistent with the Livermore Design Standards and Guidelines for Building Design, which require changes in wall planes or varying height and changes in building materials and colors.

Building colors proposed for the building are a variety of grays along the horizontal bands and the vertical wall sections encompassing the parapets are a darker blue. Proposed window glazing is blue.

These design details are consistent with the surrounding buildings at the Oaks Business Park as well as Design Standards and Guidelines section 4.C.2.1, establishing a sense of base, middle, and top of the building.

Public Art
ATTACHMENT 1
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The applicant is proposing public art on site in compliance with Livermore Municipal Code Chapter

12.50. Concepts for the art piece, which will be located on the north elevation of the 110-foot portion of the building facing Jack London, include fabricated metal, mosaic tile, or a painted mural depicting the science occurring within the building. The public art will be reviewed and approved by the Arts Commission prior to Building Permit issuance.

Conditional Use Permit for Increased Height and Livermore Airport Compatibility A Conditional Use Permit (CUP) is required by the Planned Development Industrial zoning district to increase the building height to a maximum of 110 feet. This will accommodate interior building clearance requirements, specialized equipment or other design features that support research and development and/or experimental lab uses consistent with the intent and purpose of this district, upon providing a minimum 40-foot setback from street rights-of-way. The Project includes a request for a CUP to accommodate the equipment required for operational purposes.

The purpose of the PD-I 22-001 is to provide an environment exclusively for and conducive to the development of modern professional and administrative facilities, research institutions, manufacturing operations, experimental and testing laboratories and related facilities. The Pacific Fusion Project proposes to construct and operate modern professional and administrative facilities, research and manufacturing operations, and an experimental and testing laboratory. These facilities are consistent with the purpose and permitted uses established in the zoning district and the City’s strategic goals.

The Project’s proposed use requires additional clearance to support a pulse system designed to demonstrate and test the production and effectiveness of fusion energy. The proposed building design would add volume to support this pulse system and machinery needed to operate and maintain it. The additional height would not include additional stories or square footage, just indoor clear space.

Therefore, the CUP would comply with the zoning, as amended.

Due to proximity to the Livermore Municipal Airport, the SMP 39/SMP 40 Project was reviewed by the City Airport Commission and Alameda County Airport Land Use Commission (ALUC) on October 2, 2023, and October 9, 2023, respectively. The Project Site is within Airport Safety Zone 6, as identified in the Airport Land Use Compatibility Plan (ALUCP), which permits office, research and development, and warehouse and distribution uses. PD-I 22-001 (if amended) allows heights up 110 feet with a CUP, subject to Federal Aviation Administration (FAA) Part 77 regulations.

On May 12, 2025, the ALUC staff determined that the Project is compatible with the ALUCP (Attachment 4). Similarly, City of Livermore Airport Staff determined that the Project is consistent with the original 2024 SMP 39 approval that was reviewed and recommended for approval by the City Airport Commission subject to the conditions set forth in the attached Conditions of Approval (Attachment 8 – Exhibit A Conditions of Approval). These conditions include avigation easements, airport in vicinity deed notifications, requiring the applicant to file a Notice of Proposed Construction or Alteration with the Federal Aviation Administration (FAA), and interior building noise consistent with Title 24 requirements.

ENVIRONMENTAL DETERMINATION
As described in the Environmental Resolution, the Project is exempt from the California Environmental ATTACHMENT 1
761
Quality Act (CEQA) under section 21080.69, as amended by Senate Bill 131, a project that consists exclusively of a facility for advanced manufacturing. The proposed Project will lead to the commercialization of a technology (fusion) that would minimize the use of carbon-emitting resources for electricity generation. It is not a technology available today or required by any law, regulation, or governmental agency. The Project will pilot and test the manufacturing, assembly, and performance of core components, with the goal to scale up for commercial fusion power generation facilities in the future.

The Project will lead to advancements that include improvements in manufacturing processes and systems that are often referred to as “smart” or “intelligent” manufacturing systems, which integrate computational predictability and operational efficiency.

Additionally, in 2024, the City Council certified an Environmental Impact Report for the SMP 39/40 projects (2024 EIR). The EIR analyzed the impacts of the SMP 39/40 project at full buildout. As described in the Environmental Resolution, an Addendum to the 2024 EIR was prepared for the Project (Attachment 6). Although the Project differs from what was analyzed in the 2024 EIR, with a change in allowable height and use limitations and revised parcel size and layout, the Addendum finds that more severe impacts beyond those analyzed in the 2024 EIR would not occur as a result of the Project. For these reasons, no new EIR is required, and the Project meets all requirements of the California Environmental Quality Act, per CEQA Guidelines section 15164.

ATTACHMENTS

1. Annexation Exhibit

2. Location Map

3. Development Plans

4. ALUC Staff Determination

5. Resolution - Environmental

6. Exhibit A - Pacific Fusion Addendum

7. Resolution - Project

8. Exhibit A - Conditions of Approval

9. Exhibit B - Planned Development Amendment
Prepared by: Emily LaDue
Assistant Planner
ATTACHMENT 1
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AUGUST 12, 2025 Draft Minutes PLANNING COMMISSION

DRAFT MINUTES

SPECIAL PLANNING COMMISSION
AUGUST 12, 2025
________________________________________________________________

SPECIAL MEETING

1. CALL TO ORDER – The special meeting of the Planning Commission was called to order by Chairperson Yolanda Fintschenko at 7:00 pm, held in person at 1016 S. Livermore Avenue.

2. ROLL CALL – Present: Chairperson Yolanda Fintschenko, Vice Chairperson Tracy Kronzak, and Commissioner Jacob Anderson, Commissioner Nadine Horner, Commissioner Charity Steele.

PLEDGE OF ALLEGIANCE
Chairperson Fintschenko led the Pledge of Allegiance.

3. SPECIAL MEETING ITEM

3.1 Hearing to consider a request to approve development of a new, approximately 225,500 square-foot light industrial building and research and development facility on an approximately 14-acre vacant parcel along West Jack London Boulevard west of the Oaks Business Park. The facility would test and demonstrate commercially viable clean energy through fusion power.

Recommendation:

Staff recommends the Planning Commission adopt resolutions recommending the City Council:

1. Find that the project is exempt under the California Environmental Quality Act section 21080.69, as amended by Senate Bill 131, a project that consists exclusively of a facility for advanced manufacturing and certify/adopt an Addendum to the SMP 39/40 Environmental Impact Report, in accordance with the California Environmental Quality Act.

2. Approve Planned Development Amendment (PD) 25-002, Vesting Tentative Tract Map (VTTM) 8656/Subdivision (SUB) 25-001, Site Plan Design Review (SPDR) 25-005, and Conditional Use Permit (CUP) 25- 002.

3. Direct the Planning Manager to file a Notice of Exemption and Notice of Determination, in accordance with the provisions of the California ATTACHMENT 2
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PLANNING COMMISSION Minutes AUGUST 12, 2025
Environmental Quality Act, subject to project approval.

Chairperson Fintschenko disclosed her role as Executive Director of iGate; knowledge of the applicant’s technology; responsibilities representing the TriValley startup ecosystem; and attendance at Pacific Fusion public outreach events.

Assistant Planner Emily LaDue presented the staff report.

Keith LeChien, Chief Technology Officer and co-founder of Pacific Fusion, explained Fusion; differences between fusion and fission; the proposed demonstration system; and community engagement.

Chairperson Fintschenko opened the public comment period.

Joe Maraspini, field representative for the NorCal Carpenters Union, Local 713, discussed the importance of hiring responsible contractors.

Sheri Souza, Livermore Valley Chamber of Commerce, indicated support for the proposed project due to job growth, tax revenues, and the opportunity to deepen Livermore’s leadership in innovation, science and discovery.

Katie Marcel, CEO of Innovation Tri-Valley Leadership Group, encouraged the Commission to approve the staff recommendations due to the opportunity to advance green economy, and provide a clean power source and jobs.

Drew Felker indicated support for the project due to technology jobs and benefits.

There were no additional speakers, and the public comment period was closed.

Commissioner Anderson indicated the required findings could be made and expressed excitement about the project.

Commissioner Steele agreed that staff’s recommendations were supported and shared enthusiasm for the project.

Commissioner Horner concurred with Commissioners Anderson and Steele; thanked Economic Development Director Brandon Cardwell; expressed excitement about the opportunity; and explained that there were no environmental concerns with the project.

Vice Chair Kronzak discussed clarifying questions which had been sufficiently answered by staff; the General Plan development process; justification for the project; support of the strategic plan; and net decrease in greenhouse gas emissions; and thanked staff for the site plan including 50% natives and pollinators.

In response to Chairperson Fintschenko, Principal Planner Ross explained the rationale for removal of the 20% cap to help provide confidence to the investment ATTACHMENT 2
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AUGUST 12, 2025 Draft Minutes PLANNING COMMISSION
community, which would not move forward if the project did not proceed.

Assistant Planner Emily LaDue explained the CEQA exemption from SB131.

ON THE MOTION OF COMMISSIONER ANDERSON, SECONDED BY VICE CHAIR KRONZAK AND CARRIED ON A 5-0 ROLL CALL VOTE, THE PLANNING COMMISSION ADOPTED THE FOLLOWING RESOLUTIONS:

Resolution 27-25 Recommending that the City Council find that the Pacific Fusion Project is exempt from the provisions of the California Environmental Quality Act and adopt an addendum to the 2024 SMP 39/40 Environmental Impact Report.

Resolution 28-25 Recommending that the City Council approve Planned Development Amendment (PD) 25-002, Subdivision (SUB) 25-001, Site Plan Design Review (SPDR) 25-005, Conditional Use Permit (CUP) 25-002, for the Pacific Fusion Project.

4. ADJOURNMENT – at 7:43 pm to a Regular Planning Commission Meeting on Tuesday, August 19, 2025 at 7:00 pm, Civic Center Meeting Hall, City Council Chambers, 1016 S. Livermore Avenue.

ATTACHMENT 2
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11 Figure 3-4
Annexation Area
Legend:

Annexation Area Existing City of Livermore Limits March 2024Modifications to the City of Livermore Limits

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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 or omissions. 16,000 Livermore IT, GIS Services
2,666.7
1: NAD_1983_2011_StatePlane_California_III_FIPS_0403_Ft_US 0 2,666.7 Feet Notes 1,333.33
Project Site
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ELEVATIONS DAB-A3.1
Owner:

Project:

Consultants:

Project Number: Revision: Date: Drawn by: Title:

Sheet:

C I V I L STRUCTURAL MECHANICAL PLUMBING

ELECTRICAL

LANDSCAPE

SOILS ENGINEER

FIRE PROTECTION
25027KT
06/13/2025
fax: 949 863 0851
tel: 949 863 1770
email: [email protected]
94610
oakland, ca
600 grand avenue, - ste. #302
hpa, inc.

KIER & WRIGHT
6082 Stewart Blvd
Livermore, CA
-
-
- MEYERS+
-
- W. Jack London
Blvd.

Fremont, CA 94538 ATTN: Courtney Richardson

GREEN DESIGN
Pacific Fusion
1ST SUBMITTAL 04/23/25
MA G
N
N O Y
L I C E N S E D A R C H I T E C T S T A T E O F C A L I F O R N I A DATE RENEWAL 3-31-27 C-29451 2ND SUBMITTAL 05/12/25
3RD SUBMITTAL 06/13/25
4TH SUBMITTAL 07/31/25 KEYNOTES - ELEVATIONS GENERAL NOTES - ELEVATIONS ELEVATION COLOR LEGEND/SCHED. GLAZING LEGEND

DIAGRAM KEYNOTES
ATTACHMENT 5
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ELEVATIONS DAB-A3.2 Owner: Project: Consultants: Project Number: Revision: Date: Drawn by: Title: Sheet: C I V I L STRUCTURAL MECHANICAL PLUMBING ELECTRICAL LANDSCAPE SOILS ENGINEER FIRE PROTECTION 25027KT 06/13/2025 fax: 949 863 0851 tel: 949 863 1770 email: [email protected] 94610 oakland, ca 600 grand avenue, - ste. #302 hpa, inc. KIER & WRIGHT 6082 Stewart Blvd Livermore, CA --- MEYERS+-- W. Jack London Blvd. Fremont, CA 94538 ATTN: Courtney Richardson GREEN DESIGN Pacific Fusion 1ST SUBMITTAL 04/23/25 MA G N N O Y L I C E N S E D A R C H I T E C TS T A T E O F C A L I F O R N I A DATE RENEWAL 3-31-27 C-29451 2ND SUBMITTAL 05/12/25 3RD SUBMITTAL 06/13/25 4TH SUBMITTAL 07/31/25 KEYNOTES - ELEVATIONS GENERAL NOTES - ELEVATIONS ELEVATION COLOR LEGEND/SCHED. GLAZING LEGEND

ATTACHMENT
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ELEVATIONS DAB-A3.3 Owner: Project: Consultants: Project Number: Revision: Date: Drawn by: Title: Sheet: C I V I L STRUCTURAL MECHANICAL PLUMBING ELECTRICAL LANDSCAPE SOILS ENGINEER FIRE PROTECTION 25027KT 06/13/2025 fax: 949 863 0851 tel: 949 863 1770 email: [email protected] 94610 oakland, ca 600 grand avenue, - ste. #302 hpa, inc. KIER & WRIGHT 6082 Stewart Blvd Livermore, CA --- MEYERS+-- W. Jack London Blvd. Fremont, CA 94538 ATTN: Courtney Richardson GREEN DESIGN Pacific Fusion 1ST SUBMITTAL 04/23/25 MA G N N O Y L I C E N S E D A R C H I T E C TS T A T E O F C A L I F O R N I A DATE RENEWAL 3-31-27 C-29451 2ND SUBMITTAL 05/12/25 3RD SUBMITTAL 06/13/25 4TH SUBMITTAL 07/31/25 KEYNOTES - ELEVATIONS GENERAL NOTES - ELEVATIONS GLAZING LEGEND ELEVATION COLOR LEGEND/SCHED.

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Alameda County Airport Land Use Commission
May 12, 2025
May 12, 2025
Andy Ross, Principal Planner
City of Livermore Community Development Department
1052 South Livermore Avenue
Livermore, CA 94550
SUBJECT: ALUC Administrative Review: Research Facility at West Jack London Blvd, Livermore, CA Dear Andy
Thank you for referring the development of Pacific Fusion on the eastern side of APN (904-3-1-4), commonly known as SMP-39. Documents provided by the applicant designate the project site as ‘Lot 6.’ I have completed an Administrative Review of the materials provided and have the following comments for your consideration as this project moves through the approval process.

Airport Land Use Compatibility
The Alameda County Airport Land Use Commission (ALUC) has adopted an updated Airport Land Use Compatibility Plan (ALUCP) for all three public use airports in Alameda County (the Oakland International Airport 2010, Hayward Executive Airport 2012, and Livermore Municipal Airport 2012). These documents and other reference material can be accessed online at this location:
https://www.acgov.org/cda/planning/generalplans/airportlandplans.htm The project site is located within the Airport Influence Area (AIA) for the Livermore Municipal Airport and in other zones as noted below. This review consists of an evaluation of the Project with regard to the four Airport Compatibility Planning Factors: Noise, Safety, Airspace Protection, and Overflight.

Background
In 2023 the ALUC found the possible construction of up to 6 warehouses and research facilities on SMP 39 compliant with the Livermore Airport Land Use Compatibility Plan (ALUCP). The proposed 6 structures ranged from 89,400 to 175,350 square feet each and up to 50 feet tall.

Pacific Fusion’s proposed research facility on Lot 6 would be approximately 220,000 square feet and up to 110 feet tall. Policy 2.7.5.5 Subsequent Review of the ALUCP states that increases in height require further review.

Noise
Noise compatibility policies are established in order to prevent the development of noise-sensitive land uses in portions of the airport environ that are exposed to significant levels of aircraft noise.

Lot 6 of SMP-39 is located primarily in the 60 CNEL (Community Noise Equivalent Level) Noise Contour with a slight overlap in the 65 CNEL Noise Contour of the Livermore Executive Airport Noise Compatibility Map.

The research building proposed on Lot 6 is located within the 60 CNEL contour.

ATTACHMENT 6
798

Alameda County Airport Land Use Commission
May 12, 2025
The proposed projects at SMP-39 can best be described as ‘Commercial - wholesale; research and development.’ According to Table 3-1 - Noise Compatibility Criteria, the categories of ‘Commercial - wholesale; research and development’ is compatible in the 60 CNEL contour.

Safety
Land use safety compatibility criteria are developed to minimize the risks to people and property on the ground, as well as those people in an aircraft in the event of an accident or emergency landing occurring outside the airport boundary.

This project is located within Safety Zone 6 - the Traffic Pattern Zone. Table 2-3 – Basic Compatibility Criteria and Supporting Information defines in general terms allowable and non-allowable land uses within the Safety Zones. Most importantly, this table describes in general terms, the likelihood of accident occurrence within each Safety Zone. The proposed project is considered an allowable non-residential use in this zone.

Table 3-2 – Safety Compatibility Criteria is a detailed table that represents specific land use types for all seven Safety Zones within the AIA for the Livermore Airport. This project most closely aligns with the “manufacturing, research and development facilities” land use and is a permitted use in Zone 6. There are no overall maximum persons per acre or minimum open space area requirements in Zone 6. Therefore, this is a compatible land use in this zone.

Airspace Protection
Similar to safety policies, airspace protection criteria is intended to reduce the risk of harm to people and property resulting from an aircraft accident. This is accomplished by the establishment of compatibility policies that seek to prevent the creation of land use features that can be hazards to the airspace used by aircraft in flight and have the potential to cause an aircraft accident to occur. Such hazards may be physical, visual, or electronic. Please refer to Section 3.3.3.7- Other Flight Hazards for specific information on various types of potential hazards.

The ALUC conforms to the guidance provided by FAA Part 77 – Objects Affecting Navigable Airspace, which is provided in Appendix C of the Livermore Airport ALUCP - Federal Aviation Regulations Part 77. According to the site plans provided, the proposed roof height of the buildings is at most 110’ Above Ground Level (AGL).

Figure 3-4 –FAR Part 77 Surfaces shows the allowable heights over Lot 6 of SMP-39. Based on analysis provided by you staff, the proposed building height is within the maximum height allowances.

Due to the relative height of the proposed facility and the possibility of construction cranes surpassing maximum height allowances, we request that the applicant file Form 7460 – 2 Notice of Actual Airport Construction with the FAA. Additionally, the applicant should consult FAA Guidance regarding any lighting or features on the roofs that could impair safe navigation of flights.

It is the responsibility of the applicant to determine the need for filing Form 7460-2 with the FAA, and to consult the FAA Guidance regarding lighting, glare, or other building features that could interfere with safe navigation of flights.

FAA forms can be accessed in the link to the ALUC webpage provided earlier in this letter. Please review Section 3.3.3 Airspace Protection and subsequent subsections in the ALUCP for more detailed descriptions of airspace requirements.

ATTACHMENT 6
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Alameda County Airport Land Use Commission
May 12, 2025
Overflight
Overflight policies address noise from the overhead flight of aircraft, which can be annoying and intrusive in locations beyond the limits of the noise contours. Unlike other compatibility factors such as; noise, safety, or airspace protection, overflight compatibility policies do not restrict how land can be developed or used. The basic intent of overflight policies is to warn people near an airport of the presence of aircraft so that they have the ability to make informed decisions regarding acquisition or lease of property within the influence area of an airport.

This project is located outside the Overflight Compatibility Zone for the Livermore Airport but wholly within the Airport Influence Area and therefore within the Real Estate Disclosure Zone. While likely not relevant to the proposed use, should the occasion arise to further subdivide and lease or sell Lot-6 of SMP 39, please note that newly-subdivided lots in this zone are required to disclose their vicinity to the airport as described by policy 3.3.4.6.

Consistency Review Findings
In summary, this project as currently proposed is found to be Compatible with noise, safety, airspace protection and overflight criteria. We request that the FAA determination be shared with ALUC staff once obtained. Once the requirements regarding FAA notification is fulfilled and provided to the ALUC, a follow-up letter can be issued indicating the conditions as listed have been met. Please note this is not ALUC Requirement; it is an option should the city wish to have it.

Thank you for the opportunity to review this project. Please contact me at (510) 670-6523 if you have any questions about this determination or require additional information as this project moves forward.

Sincerely,
Olivia Ortiz
Planner III
c: Members, Alameda County Airport Land Use Commission
Albert Lopez, Alameda County Planning Director, ALUC Administrative Officer ATTACHMENT 6
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2.0 County-wide Policies
Livermore Municipal Airport 2-19 ESA Airports / 202229
Land Use Compatibility Plan August 2012
Last Revised on 8/27/12
TABLE 2-3

BASIC COMPATIBILITY CRITERIA AND SUPPORTING INFORMATION Safety Zone/FAR Part 77 Surface Compatibility Qualities Compatibility Factors / Runway Proximity  Avigation easement dedication
Sideline Zones / Transitional Surface  Avoid residential uses  Encompasses close-in area lateral to runways (Zone 5)  Allow all common aviation-related activities provided that height criteria is met (also see Notes for interior noise level requirements)  Area not normally overflown; primary risk is with aircraft losing directional control on takeoff
 Limit other non-residential uses similarly to Zone 3, but with slightly higher usage intensities
 Area is on airport property at most airports
 Prohibit children’s schools, large day care centers, hospitals, nursing homes
Traffic Pattern Zone / Horizontal
Surface (Zone 6)
 Allow residential uses (if not deemed unacceptable because of noise— see Notes)
 Generally low likelihood of accident occurrence at most airports; risk concern primarily is with uses for which potential consequences are severe
 Allow non-residential uses; prohibit outdoor stadiums and similar uses with very high intensities
 Zone includes all other portions of regular traffic patterns and pattern entry routes
 Prohibit children’s schools, large day care centers. Avoid hospitals and nursing homes
Other Airport Environ /Horizontal
Surface/Outer Conical Surface (Zone 7)
 Prohibit hazards to flight  All areas outside Zones 1 through 6, but within AIA boundaries  Allow residential uses
High Terrain  Same as underlying safety zone
NOTES:

See Chapter 3 for airport-specific criteria, which may change or provide additions to these policies.

Refer to FAR Part 77, Objects Affecting Navigable Airspace, for specific airspace review and height limit guidelines.

Per State standards (Title 21, §5012), residential uses are not compatible within the 65 CNEL contour or higher .

Noise-sensitive (e.g., schools, hospitals, libraries, etc.), non-residential uses within the 65 CNEL contour, or higher, must have a maximum interior noise level of 45 dB.

Buyer Awareness notification required for the sale or lease of residential property within airport influence area, per Business Professional Code Section 11010 and Civil Code sections 1102.6, 1103.4, and 1353.

See Caltrans’ California Airport Land Use Planning Handbook for additional guidance on safety and noise compatibility issues.

DEFINITIONS:

Allow: Use is acceptable.

Limit: Use is acceptable only if density/intensity restrictions are met.

Avoid: Use generally should not be permitted unless no feasible alternative is available.

Prohibit: Use should not be permitted under any circumstances.

Children’s Schools: Through grade 12.

Large Day Care Centers: Commercial facilities as defined in accordance with state laws; for the purposes here, family day care homes and noncommercial facilities ancillary to a place of business are generally allowed.

Aboveground Bulk Storage of Fuel: Tank size greater than 6,000 gallons (this suggestion is based on the Uniform Fire Code criteria which are more stringent for larger tank sizes).

SOURCE:

Caltrans, California Airport Land Use Planning Handbook, January 2002, Table 9B.

REFERENCES:

The risk factors presented here are derived from the California Airport Land Use Planning Handbook, and are intended to demonstrate the need for the safety criteria provided in Chapters 2 and 3 of this ALUCP.

Height limits and the review of objects in airport airspace is determined under the guidelines of Federal Aviation Regulation (FAR) Part 77: Objects Affecting Navigable Airspace.

Hazards to flight would include tall objects, visual and electronic forms of interference, and land use development that would attract wildlife hazardous to aircraft operations.

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3. Livermore Municipal Airport Policies
Livermore Municipal Airport 3-7 ESA Airports / 202229
Land Use Compatibility Plan August 2012
Last Revised 8/27/12
TABLE 3-1

NOISE COMPATIBILITY CRITERIA
Land Use Category1
Exterior Noise Exposure
(dB CNEL)
<55 55-59 60-64 >65
Agricultural, Recreational, and Animal-Related
Outdoor amphitheaters P P P X
Zoos; animal shelters; neighborhood parks; playgrounds P P P X Regional parks; athletic fields; golf courses; outdoor spectator sports; water recreation facilities P P P C
Nature preserves; wildlife preserves; livestock breeding or farming P P P X Agriculture (except residences and livestock); fishing P P P P Residential, Lodging, and Care
Residential, (including single-family and mobile homes) P P C X Residential,(multi-family; retirement homes; residential; residential hotels) P P P X
Residential hotels; retirement homes; hospitals; nursing homes; intermediate care facilities P P P X
Hotels; motels; other transient lodging P P P X
Public
Schools; libraries P P P C
Auditoriums; concert halls; indoor arenas; places of worship; cemeteries P P P P Commercial and Industrial
Office buildings; office areas of industrial facilities; medical clinics; clinical laboratories; commercial - retail; shopping centers; restaurants; movie theaters

P P P C
Commercial - wholesale; research and development P P P C Industrial; manufacturing; utilities; public rights-of-way P P P C Land Use Acceptability Interpretation/Comments
P Permitted
Indoor Uses: Standard construction methods will sufficiently attenuate exterior noise to an acceptable indoor community noise equivalent level (CNEL).

Outdoor Uses: Activities associated with the land use may be carried out with essentially no interference from aircraft noise.

C Conditional
Indoor Uses: Building structure must be capable of attenuating exterior noise to the indoor CNEL indicated by the number; standard construction methods will normally suffice.

Outdoor Uses: CNEL is acceptable for outdoor activities, although some noise interference may occur; caution should be exercised with regard to noise-sensitive uses.

X Incompatible
Indoor Uses: Unacceptable noise interference if windows are open; at exposures above 65 dB CNEL, extensive mitigation techniques are required to make the indoor environment acceptable for performance of activities.

Outdoor Uses: Severe noise interference makes outdoor activities unacceptable.

Source: ESA, 2007; California Airport Land Use Compatibility Handbook (Caltrans, 2002); PUC 21001 et seq., California State Aeronautics Act.
1 Land uses not specifically listed shall be evaluated using the criteria for similar uses.

Note: The layout of this table was created using the framework developed in previous compatibility plans (Mead & Hunt, 2006).

ATTACHMENT 6
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Livermore Municipal Airport Land Use Compatibility Plan Livermore Municipal Airport 3-16 ESA Airports / 202229
Land Use Compatibility Plan August 2012
Last Revised 8/27/12
TABLE 3-2

SAFETY COMPATIBILITY CRITERIA
Land Uses Safet y Compatibilit y Zones
1 2 3 4 5 6 7
Maximum Site-wide Average
Non-Residential Intensity
(People/Acre)
10 40 80 100 100 No Limit No Limit
Recommended Open Land 100% 40% 30% 20% 20% 0% 0%
Correctional Facilities X X X X X C P
High Capacity Indoor assembly
room
(> 1,000 people)

X X X X X X C
Medium to large indoor assembly
room
(>300. <1,000 people)

X X X C X C C
Low capacity indoor assembly
room
(< 300 people)

X X C C X C P
Large outdoor assembly area
(>1,000 people)

X X X X X X C
Medium outdoor assembly area
(>300, <999)

X X C C X P P
Small outdoor assembly area (>50,
<299)

X X C C X P P
Manufacturing, R&D, Industrial Land Uses
 Note: Where uses are listed as “C”-Conditional, please refer to Section 3.3.2.8(c).

Manufacturing, research and
development (approx. 300 s.f./
person)

X X C C C P P
Occupancies utilizing hazardous
(flammable, explosive, corrosive,
or toxic) materials
X X Zones 3 - 5: C “Conditional”: Special
measures to minimize risk in the event
of an aircraft accident to be determined
by permitting agencies.

P P
Warehouses, distribution facilities
(approx. 500 s.f./ person)

X C C P P P P
Storage of hazardous materials:
gas stations, etc.

X X C P P P P
Repair garages not requiring use
of flammable objects

X P P P P P P
Open parking garages X P P P P P P
Private garages, carports, and
agricultural buildings

X P P P P P P
Agriculture, Natural Features, Resource Operations
 Note: These uses may attract birds or other wildlife considered potentially hazardous to flight. For uses listed as CConditional, please see Airspace Protection Policy 3.3.3.7(a)(5) and FAA Advisory Circular 150/5200-33B, located in Appendix C: FAA Airspace Protection Guidance. Commission review requested.

Truck and specialty crops X X X X X P P
Field and stalk crops X X X X X X X
Pasture and range land X P P P P P P
Orchards X X X X X X P
Vineyards X X X X X C P
Dry farm and grain X X X X X X X
Tree farms, landscape nurseries, X X C C X P P
ATTACHMENT 6
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1 RESOLUTION NO.

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

A RESOLUTION FINDING THAT THE PACIFIC FUSION IS EXEMPT FROM THE

PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
Planned Development Amendment (PD) 25-002, Subdivision (SUB) 25-001, Site Plan Design Review (SPDR) 25-005, Conditional Use Permit (CUP) 25-002 The City received applications for Planned Development Industrial Zoning Amendment (PD) 25-002, Vesting Tentative Tract Map (VTTM) 8656/Subdivision (SUB) 25- 001, Site Plan Design Review (SPDR) 25-005, Conditional Use Permit (CUP) 25-002 (“Project”).

On August 12, 2025, at a duly noticed public hearing, the Planning Commission considered the Project, made the necessary findings, and adopted Planning Commission Resolution No. 27-25 recommending the City Council find the Project is exempt from the provisions of the California Environmental Quality Act (“CEQA”).

On September 8, 2025, the City Council held a duly noticed public hearing to consider the Project, Planning Commission and staff recommendations, and all public comments and testimony, and findings.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livermore that prior to taking action on the Project, and at a properly noticed public hearing, the City Council reviewed written and oral staff reports, conducted a public hearing on the Project and took testimony, and received into the record all pertinent documents related to the Project (collectively, the “Record Evidence”). The City Council’s determination is based on the Record Evidence, which is incorporated into this Resolution by reference
BE IT FURTHER RESOLVED that the City Council of the City of Livermore, has considered the findings made in Planning Commission Resolution No. 27-25, attached hereto as Exhibit A, and the City Council hereby adopts the same findings by this reference and incorporates them as their own findings as part of this resolution. Based upon the City Council's own independent review of the Record Evidence and considerations, the City Council hereby finds that the Project is categorically exempt from CEQA in accordance with the CEQA Guidelines, Public Resources Code section 21080.69, and Senate Bill 131.

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.
804
2 RESOLUTION NO.

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 is contingent and shall be effective upon the full adoption of Ordinance ____ approving Planned Development Amendment (PD) 25-002 by the City Council.

On motion of Council Member , seconded by Council Member ____, the foregoing resolution was passed and adopted on September 8, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Christine Crowl
Deborah L. Elam Christine Crowl
City Clerk Special Counsel
Exhibit A – Planning Commission Resolution No. 27-25
805

EXHIBIT A
806

EXHIBIT A
807

EXHIBIT A
808

EXHIBIT A
809

EXHIBIT A
810

EXHIBIT A
811
1 RESOLUTION NO.

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION ADOPTING THE AUGUST 2025 ADDENDUM TO THE 2024 SMP 39/40

ENVIRONMENTAL IMPACT REPORT IN ACCORDANCE WITH THE CALIFORNIA

ENVIRONMENTAL QUALITY ACT
Pacific Fusion
On March 25, 2024, the Livermore City Council adopted Resolution No. 2024-043, adopting California Environmental Quality Act Findings, a Statement of Overriding Considerations, a Mitigation Monitoring and Reporting Program, and certifying the Final Environmental Impact Report for the SMP 39/40 Project (“2024 EIR”) (State Clearinghouse No. 2023010091).

On April 24, 2025, the City received an application from Hines Inc., on behalf of Pacific Fusion (“Applicant”) for Planned Development Industrial Zoning Amendment (PD) 25-002, Vesting Tentative Tract Map (VTTM) 8656/Subdivision (SUB) 25-001, Site Plan Design Review (SPDR) 25-005, and Conditional Use Permit (CUP) 25-002 to develop an approximately 14-acre portion of a parcel identified by Assessor's Parcel Number (APN) 904- 3-1-4, known as SMP 39, located on the south side of West Jack London Boulevard adjacent to the existing Oaks Business Park and approximately 800 feet west of the Discovery Drive/West Jack London Boulevard intersection. The applicant would build a light industrial building that would function as a research and development and advanced manufacturing facility that would test and demonstrate commercially viable clean energy through fusion power, known as Pacific Fusion (“Project”). The Project also includes amendments to the Planned Development zoning to increase allowable height and remove the 20% cap on Warehouse and Distribution Facilities.

In August 2025, the City prepared an Addendum to the 2024 EIR (“Addendum”) pursuant to the California Environmental Quality Act (“CEQA”).

On August 12, 2025, the Planning Commission held a duly noticed public hearing to consider the Project, made the necessary findings, and adopted Planning Commission Resolution No. 27-25, recommending that the City Council adopt the Pacific Fusion Addendum to the 2024 EIR.

On September 8, 2025, 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.
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2 RESOLUTION NO.

BE IT FURTHER RESOLVED that the City Council of the City of Livermore has considered the findings made in Planning Commission Resolution No. 27-25, attached hereto as Exhibit A, adopts those 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, the City Council has considered the 2024 EIR, and determines that no subsequent or supplemental Environmental Impact Report is required given that substantial project and circumstantial changes have not occurred and no new information of substantial importance as set forth in CEQA Guidelines 15162 exists, and hereby adopts the August 2025 Addendum to the 2024 EIR, attached hereto as Exhibit B, in accordance with the California Environmental Quality Act (“CEQA”).

BE IT FURTHER RESOLVED that the City Council of the City of Livermore directs the Planning Manager to file a Notice of Determination 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 is contingent and shall be effective upon the full adoption of Ordinance ____ approving Planned Development Amendment (PD) 25-002 by the City Council.

On motion of Council Member , seconded by Council
Member , the foregoing resolution was passed and adopted on September 8, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Christine Crowl
Deborah L. Elam Christine Crowl
City Clerk Special Counsel
Exhibit A – Planning Commission Resolution No. 27-25
Exhibit B – Pacific Fusion Addendum
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CITY OF LIVERMORE

COMMUNITY DEVELOPMENT DEPARTMENT
SMP 39 Project
CEQA Addendum to the SMP 39/SMP 40 Project EIR
August 2025
Prepared by
1501 Sports Drive, Suite A, Sacramento, CA 95834

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A. INTRODUCTION AND SUMMARY
The purpose of this Addendum is to demonstrate that the SMP 39 Project (proposed project) has been adequately analyzed in the previous environmental review under the California Environmental Quality Act (CEQA) and that further evaluation is not required.

B. PROJECT BACKGROUND
In March 2024, the City of Livermore certified a Draft Environmental Impact Report (EIR) and a Final EIR, both of which are hereafter referred to as the “2024 EIR,” which included an attached Initial Study (IS), hereafter referred to as the “2023 IS,” for the SMP 39/SMP 40 Project EIR (State Clearinghouse [SCH] # 2023010091). The 2024 EIR evaluated the development of the Surface Mining Permit (SMP) 39 site with up to six light industrial buildings, consisting of up to approximately 755,500 square feet (sf) of new building space, and associated internal roadways and other improvements; for SMP 40, the 2024 EIR analyzed the development of two industrial buildings consisting of up to 759,275 sf of new building space with related internal roadways and other improvements. A number of approvals were determined to be required for development of SMP 39 and SMP 40, including a Sphere of Influence (SOI) Amendment for SMP 39, and General Plan Amendment, Pre-zoning and Annexation, Zoning Map Amendment/Planned Development, Vesting Tentative Subdivision Maps, a Pre-Annexation Agreement, and Development Agreement for both SMP 39 and SMP 40. A Site Plan Design Review entitlement was required for SMP 39 and SMP 40, which included a review of the site plan, building, and landscape design. However, the 2024 EIR the application included a Site Plan Design Review entitlement for only SMP 40 at the time of the 2024 EIR; thus, the 2024 EIR determined that a Site Plan Design Review entitlement would be required at a later date for the future development of SMP 39.

The SMP 39 site was pre-zoned as Planned Development-Industrial (PD-I 22-001) and was approved for development of up to six light industrial buildings, totaling approximately 755,500 sf of new building space (see Figure 1). The six light industrial buildings anticipated for development within the project site were expected to have a maximum height of 50 feet, or 55 feet with approval of a Conditional Use Permit; were expected to range in size from 89,400 sf to 183,600 sf; and each building was expected to include between eight to 34 dock doors for a site-wide total of 104 dock doors. A total of 1,647 parking stalls were anticipated for the SMP 39 site, including 104 truck/trailer stalls. In addition, the project site was anticipated to be developed with internal roadways and other improvements, including associated utility, parking, and landscaping improvements.

Buildout of the SMP 39 site was anticipated to include frontage improvements to, and right-of-way dedication for, the ultimate buildout of West Jack London Boulevard. Ultimate buildout of the roadway was anticipated to consist of four through lanes, including a 12-foot through lane and a 14-foot through lane on each side, a 16-foot landscape median buffer in the center of the roadway, as well as a six-foot bike lane on each side of the roadway, separated from the through lanes by a two-foot buffer.

Pursuant to what was anticipated for the site in the 2024 EIR, access to SMP 39 would be provided through three new 40-foot-wide driveways from West Jack London Boulevard to the north. New paving for parking stalls and drive aisles was anticipated to be provided along the north, east, and west sides of each new building. The loading docks would be located on the south side of each building, opposite West Jack London Boulevard, accessible through a larger drive aisle along the southern portion of the site. Additional parking stalls would be located along the southern boundary of the site, opposite the loading docks and larger drive aisle.

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Figure 1
Preliminary Site Plan for SMP 39

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As part of the proposed frontage improvements, buildout was anticipated to include an at-grade, paved shared-use path within a 38.5-foot trail easement along the project frontage, consistent with the City’s Active Transportation Plan (ATP). The shared-use path would provide a connection to the existing path along the western boundary of the Oaks Business Park and eventually to the Arroyo Mocho Trail. The path would be similar to the existing path along the Oaks Business Park site.

Since the certification of the 2024 EIR, construction of the approved industrial uses on the SMP 40 site has commenced. The conditions of SMP 39 have not changed since the certification of the 2024 EIR.

C. PROJECT DESCRIPTION
The following provides a description of the project site’s current location and setting, as well as the proposed project components and the discretionary actions required for the project.

Project Location and Setting
The project site consists of the SMP 39 site, a rectangular-shaped, approximately 51.9-acre parcel owned by SMP 39, LLC. that is identified by Assessor’s Parcel Number (APN) 904-3-1-4 (see Figure 2). SMP 39 is currently undeveloped and surrounded by existing uses, including a paved shared-use path and the Livermore Municipal Airport 100 feet to the north, across West Jack London Boulevard; the Oaks Business Park to the east and the Arroyo Mocho Trail and singlefamily residences further east, across Isabel Avenue/SR 84; gravel quarries and industrial ponds associated with mining operations to the south, within unincorporated Alameda County; and SMP 38 and industrial ponds to the west (see Figure 3).

Due to the site’s proximity to the Livermore Municipal Airport, the site is within the Airport’s Land Use Compatibility Plan (ALUCP) area, specifically within the Airport Protection Area boundaries and the Airport Influence Area boundaries identified in the ALUCP. The majority of SMP 39 is within ALUCP Safety Zone 6, with a small portion of the northwest corner of SMP 39 located within Safety Zone 3, discussed further below. The City of Livermore General Plan designates the site as Low Intensity Industrial (LII) and the site is zoned Planned Development-Industrial (PDI 22-001).

Project Components
The proposed project would include the development of the eastern portion of the SMP 39 site with a new Pacific Fusion research and development (R&D) facility; development of the remainder of the SMP 39 site is not proposed at this time. Development of the proposed R&D facility would require two amendments to the site-specific PD-I 22-001 zone, as well as approval of a Site Plan Design Review, Vesting Tentative Tract Map Amendment, Conditional Use Permit, and Development Agreement Amendment. The components of the proposed project are described in more detail below.

Pacific Fusion Research and Development Facility
While development of the majority of the project site is not currently proposed, the proposed project would include the development of the easternmost approximately 14 acres of the SMP 39 site with a new research and development (R&D) facility for a company known as Pacific Fusion (see Figure 4). The proposed one-story R&D facility would be approximately 225,500 sf; an increase in the total square footage of all development within the SMP 39 site is not proposed. As such, the remaining development capacity for the SMP 39 site would be 530,000 sf, pursuant to what was analyzed in the 2024 EIR.

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Figure 2
Regional Vicinity
Approximate Project
Site Location

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Figure 3
Project Site Boundaries
Livermore
Municipal
Airport
Las Positas
Golf Course
San Francisco
Premium Outlets
Oaks
Business
Park
Gravel Quarries/
Industrial Ponds
SMP 40
SingleFamily
Residences
Industrial
Ponds
Proposed
R&D Facility
Footprint
City of
Livermore
Limits

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Figure 4
R&D Facility Site Plan

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While the majority of the building would have a maximum height of 45 feet, a portion of the R&D facility containing a pulse system (or Pulser), which is described in additional detail below, would have a maximum height of 110 feet to support the proposed specialized equipment. The R&D facility would consist of approximately 35,000 sf of office and operational support space; approximately 180,470 sf of industrial/R&D space (this would also be the only portion of the building with a maximum height of 110 feet); and approximately 10,000 sf of central utility space, including the electrical room and fire pump room. The exterior of the proposed R&D facility would include a combination of tilt up concrete for the majority of the structure and a precast panel or metal panel construction for the high-bay space.

The proposed R&D facility would be generally consistent with the industrial uses anticipated for the site. Operation of the R&D facility would be typical of an experimental testing lab, with the intention of advancing the development of commercially viable, limitless, clean, on-demand fusion power using established science, engineering, and manufacturing processes. The proposed project would use a “Pulser system” to deliver fast electric current aimed across an enclosed, shielded chamber that will create an intensely strong magnetic field. That magnetic field will implode a small cylinder containing tritium and deuterium (a non-radioactive isotope), fusing them together (i.e., fusion). The Pulser would be comprised of multiple modules of electrical capacitors connected in series and parallel, and would generate the necessary energy for fusion. The Pulser would store electrical energy from the grid that would be trickle charged throughout the day and then discharge it through pulse tubes and water transmission lines at a target chamber (a “pulse”).

One “pulse” would require a load size ultra-capacitor energy storage system which would supply the Pulser with anywhere from five to eight megawatts (MW) to charge the Pulser, used for about one minute once a day. At peak operation, the proposed R&D facility would require approximately

3.3 MW of power for its standard lab and office space operations, including the trickle charging for the power demands of the Pulser.

It is noted that while the proposed R&D facility would use radioactive material, specifically tritium, as a fuel source, unlike current fission reactor power plants, the Pulser would not result in any radioactive nuclear waste. The fusion reaction would result in two products - helium and kinetic energy. Helium is a non-toxic, non-hazardous gas that will naturally dissipate, and the kinetic energy is the desired product of the fusion process.

The Code of Federal Regulations and the California Code of Regulations both contain numerous and rigorous regulatory standards for the protection of workers, the public, and the environment against radiation hazards. The regulations and standards address the maximum dose limits of radiation that are protective of the health of workers and members of the public; procedures for external and internal dose monitoring; radioactive material inventory and access control; radiation safety training; storage and control requirements for radioactive material; proper posting and labelling of shipped radioactive materials; and acceptable waste management and disposal practices. The proposed R&D facility will need to demonstrate to the California Department of Public Health, Radiation Safety and Environmental Management Division, Radiologic Health Branch that it can and will meet and comply with all of the applicable regulatory standards before they are able to obtain a radioactive material license for the possession and use of tritium as a fuel source. The proposed R&D facility will also need to demonstrate a shielding plan that achieves public dose limits before they can register and operate the Pulser with any radioactive materials. Furthermore, the project applicant will also need to obtain a permit from the Bay Area Air District (BAAD), formerly the Bay Area Air Quality Management District (BAAQMD), for its emissions from the facility, testing their emissions from the facility on a regular basis to demonstrate that radioactive effluents from the facility do not exceed dose standards for members of the public.

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Development of the R&D facility would include the development of a total of 268 parking spaces located along the eastern side of the building, consisting of 207 standard parking spaces, seven parking spaces designed to be compliant with the Americans with Disabilities Act (ADA), and 54 electric vehicle (EV) ready parking spaces; 81 parking spaces would be EV-capable. The R&D facility would also include three trailer stalls. Although the 2024 EIR anticipated that loading docks would be developed on the south side of on-site buildings, four loading dock doors are proposed on the western side of the currently proposed R&D facility. Additional loading dock doors could be added in the future. It is noted that the proposed project would not alter the off-site roadway improvements anticipated in the 2024 EIR, such as the widening of West Jack London Boulevard.

Consistent with what was anticipated for the site in the 2024 EIR, the City would be responsible for providing water service, sewer service, police protection, and general government services to the proposed R&D facility, along with maintaining public water and sewer mains, and the on-site storm drainage system. The proposed project would include improvements to utilities infrastructure both on-site and in the site vicinity. With respect to stormwater management, the stormwater from the new impervious areas within SMP 39 would be collected and treated pursuant to the requirements listed the City of Livermore’s Municipal Separate Storm Sewer System (MS4) Permit. As shown in Figure 5, the R&D facility footprint would be divided into five drainage management areas (DMAs) wherein stormwater would be captured and directed into a bioretention treatment planter before being directed into the existing storm drain system of West Jack London Boulevard. The proposed project would include the extension of PG&E electrical infrastructure from the intersection of West Jack London Boulevard and Voyager Street to the project site; the proposed electrical infrastructure improvements would occur within the existing right-of-way of West Jack London Boulevard or within already heavily disturbed areas.

The proposed project would include the installation of landscaping along all frontages of the R&D facility, as well as within the parking areas (see Figure 6). Proposed plants would include evergreen and deciduous street trees, as well as shrubs and accent planting. Consistent with what was anticipated in the 2024 EIR, all landscaping improvements would be consistent with the City’s Design Standards and Guidelines and the City’s Water Efficient Landscape Ordinance.

Zoning Amendments and Conditional Use Permit
The proposed project would include two revisions to the site-specific PD-I 22-001 zone to allow greater flexibility for future on-site development. The first revision pertains to conditionally allowed uses within the SMP 39 site and consists of the following, with the changes presented in strikethrough and double underline format:

Conditional Uses for SMP 39 only:

1. Fast-food businesses, banks, personal services, or goods required for the convenience and support of occupants of uses in the surrounding district(s).

2. Warehouse and distribution facilities, including E-commerce/Third Party Logistics (3PL) uses. with the condition that these uses may only occupy up to 20 percent of the total buildable site area.

3. Sale of heavy equipment and construction related vehicles and equipment, including associated repair, service, and parts distribution facilities, provided they are manufactured and/or sold on-site. Showrooms related to this use may be a conditionally permitted ancillary use.

4. Similar uses as determined by the Planning Commission to be of the same general character as the listed uses.

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Figure 5
Preliminary Stormwater Quality Control Plan for the Proposed R&D Facility

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Figure 6
Preliminary Landscaping Plan for the Proposed R&D Facility

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The second proposed revision pertains to height regulations and consists of the following:

Height Regulations: The height of all on-site structures, including roof-top mechanical equipment, is limited to 50 feet or the height permitted by the Federal Aviation Administration (FAA) review under FAA regulations – Part 77, whichever is more restrictive.

Upon providing a minimum 40-foot setback from street rights- of-way, a Conditional Use Permit may be requested granted to increase height to a maximum of 55 110 feet, or the height permitted under FAA regulations – Part 77, whichever is more restrictive to accommodate interior building clearance requirements, specialized equipment or other design features that supports research and development and/or experimental lab uses consistent with the intent and purpose of this district. The height of pole-and buildingmounted lights may be approved up to 28 feet by an administrative site plan and design review, if found necessary for the health and safety of a site designed for truck or other large vehicle maneuvering and documented by a light study to not cause glare off- site.

Consistent with the proposed revisions to the site-specific PD-I 22-001 zone defined above, the proposed project would require approval of a Conditional Use Permit to increase the maximum allowable height of on-site development to 110 feet in order to accommodate the proposed R&D facility.

Requested/Required Entitlements
The proposed project would require the following discretionary approvals from the City of Livermore:
• Amendments to the site-specific PD-I 22-001 zone to increase the allowable building height and to remove limitations on Logistic Facilities as set forth in PD-I 22-001; • Site Plan Design Review;
• Vesting Tentative Tract Map Amendment;
• Conditional Use Permit; and
• Development Agreement Amendment
The proposed project would also be required to obtain a permit from BAAD for emissions from the facility, specifically related to tritium, and a final map from the City.

D. RATIONALE FOR PREPARATION OF THE ADDENDUM
In determining whether an addendum is the appropriate document to analyze the modifications to the project and its approval, CEQA Guidelines Section 15164 (Addendum to an EIR or Negative Declaration) states:
(a) The lead agency or responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. (b) An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred.
(c) An addendum need not be circulated for public review but can be included in or attached to the final EIR or adopted negative declaration.
(d) The decision making body shall consider the addendum with the final EIR or adopted negative declaration prior to making a decision on the project. (e) A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency's findings on the

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project, or elsewhere in the record. The explanation must be supported by substantial evidence.

New significant effects or substantially more severe significant effects require preparation of a subsequent EIR in support of further agency action on a project pursuant to Public Resources Code Section 21166 and State CEQA Guidelines Sections 15162 and 15163. Under CEQA Guidelines Section 15162, a subsequent or supplemental EIR or Mitigated Negative Declaration shall be prepared if any of the following criteria are met:
(a) When an EIR has been certified or a negative declaration adopted for a project, no subsequent EIR shall be prepared for that project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following:
(1) Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects;
(2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or
(3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following:
(A) The project will have one or more significant effects not discussed in the previous EIR or negative declaration;
(B) Significant effects previously examined will be substantially more severe than shown in the previous EIR;
(C) Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or
(D) Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.

E. USE OF A PRIOR ENVIRONMENTAL DOCUMENT:

The California Supreme Court has held that a lead agency has the responsibility of initially deciding whether an original environmental document retains “some relevance” to the ongoing decision-making process. The City of Livermore has determined that the 2024 EIR for the approved SMP 39/SMP 40 Project is relevant and has prepared an addendum to that document to evaluate the proposed project.

Based on the above, in accordance with Sections 15162 through 15164 of the CEQA Guidelines, the proposed project would not require major revisions to the 2024 EIR if the proposed project would not involve new significant environmental effects or a substantial increase in the severity of previously identified significant effects. The analysis that follows concludes that none of the conditions identified in CEQA Guidelines Sections 15162 and 15163 apply to the proposed project. Thus, preparation of an addendum would provide the appropriate level of environmental review.

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In cases where an approved project has already undergone environmental review, and the environmental document has been certified by the lead agency, the lead agency can restrict its review to the incremental effects of the modified project, rather than having to reconsider the overall impacts of the project. In other words, if the project under review constitutes a modification of a previously approved project subjected to environmental review, then the “baseline” for purposes of CEQA is adjusted such that the originally approved project is assumed to exist.1 F. DISCUSSION
The following sections provide discussions to evaluate whether there could be potential impacts associated with the proposed project beyond those previously identified in the 2023 IS and 2024 EIR. According to CEQA Guidelines Section 15164(a), an addendum may be prepared if only minor technical changes or additions to the previous EIR are necessary and if none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR have occurred. Given the limited scope of changes that would occur as a result of the proposed project in comparison to the 2024 approved project, this Addendum provides a detailed evaluation of select CEQA topics potentially affected by the changes, including air quality, energy, greenhouse gas (GHG) emissions, hazards and hazardous materials, noise, and transportation. The remaining CEQA topics are appropriately discussed at a lesser level of detail.

Air Quality
The 2024 EIR determined that, with implementation of mitigation, the SMP 39/SMP 40 Project would not result in any significant impacts related to conflicting with implementation of an applicable air quality plan during project construction or operation; the 2024 EIR determined that all other air quality impacts would be less than significant.

The currently proposed project would result in a similar amount of ground disturbance as what was anticipated in the 2024 EIR for the project site. In addition, the proposed 225,500-sf R&D facility would be within the square footage anticipated for development within the SMP 39 site.

Furthermore, the proposed project would be subject to the same currently applicable laws and regulations related to reducing construction emissions, such as BAAD rules and regulations, including, but not limited to, Regulation 8, Rule 3 related to architectural coatings, and Basic Construction Mitigation Measures (BCMMs) required of all projects within the BAAD jurisdiction.

Thus, construction-related emissions associated with the proposed project would be reasonably expected to be similar to what was anticipated for buildout of the SMP 39 site in the 2024 EIR. As discussed in the 2024 EIR, construction emissions associated with SMP 39 alone would not exceed the applicable thresholds of significance; however, when combined with the construction emissions associated with SMP 40, as well as the off-site trail connection, the total emissions would exceed the applicable thresholds of significance for reactive organic gas (ROG) and oxides of nitrogen (NOX). Concurrent buildout of the SMP 39 site, SMP 40 site, and the off-site trail connection could result in the simultaneous operation of heavy-duty construction equipment within the footprints of all three development areas. Therefore, to ensure the total combined construction-related emissions of ROG and NOX are reduced to the maximum extent practicable, Mitigation Measure 4.2-1(a) from the 2024 EIR, which requires the use of a combination of engine Tier 3 or Tier 4 off-road construction equipment, or hybrid, electric, or alternatively fueled equipment (or any combination of the above), during construction would remain applicable to the proposed project.
1 See Michael H. Remy et al. Guide to CEQA, 11th Edition. Point Arena: Solano Press Books (2007), p. 207; Stephen L. Kostka and Michael H. Zischke. Practice Under the Environmental Quality Act, Second Edition (Vol. 1). Oakland:

Continuing Education of the Bar (2018), p. 12-32; Benton v. Board of Supervisors (1st Dist. 1991) 226 Cal. App. 3d 1467.

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As discussed in the 2024 EIR, architectural coating, which is anticipated to begin shortly after and overlap with the building construction phase, has been determined to be the most ROG-intensive phase of construction for both SMP 39 and SMP 40. Implementation of Mitigation Measure 4.2- 1(b), which restricts the building construction and architectural coating phases for SMP 39 from occurring simultaneously with the building construction and architectural coating phases for SMP 40, would be sufficient to ensure the total combined ROG emissions of SMP 39 and SMP 40 would remain below the applicable BAAD threshold of significance during construction. Because the SMP 40 site is currently under construction, a reasonable assumption could be made that the building construction and architectural coating phases for SMP 40 would be completed prior to commencement of any building construction or architectural coating phases for SMP 39. The City will confirm compliance with Mitigation Measure 4.2-1(b) as part of improvement plan review and approval for the project.

According to the Project Trip Generation and Vehicle Miles Traveled Report (Transportation Report) prepared for the proposed project by Kimley-Horn (see Appendix A), 2 buildout of the SMP
39 site, including the proposed R&D facility and future development of the remainder of the site, would generate a total of 2,546 new daily trips, up to two percent of which would be associated with heavy-duty trucks. The 2024 EIR anticipated that buildout of the SMP 39 site would generate approximately 3,589 new daily trips, up to 20 percent of which would be associated with heavyduty trucks. As such, the proposed project is estimated to generate 1,043 fewer daily trips than what was previously anticipated for buildout of the site in the 2024 EIR and would result in a reduction in heavy-duty truck trips.

It should be noted that, at the time the 2024 EIR was prepared, specific tenants for the SMP 39 site had not been identified; thus, the trip generation associated with buildout of the site was determined to be best represented by the Institute of Transportation Engineers (ITE) Land Use Code “Manufacturing,” which has a daily trip rate of approximately 4.75 trips per 1,000 sf. Given the known prospective client of Pacific Fusion and their intended use of a portion of the SMP 39 site, as well as consideration of buildout of the remainder of the site with uses consistent with what was assumed for the site under the 2024 EIR in conjunction with the proposed revisions to PD-I 22-001 related to conditionally allowed uses, the Transportation Report prepared for the proposed project uses a more appropriate ITE Land Use Code for buildout of the SMP 39 site of “Industrial Park.” The Industrial Park ITE Land Use Code has a daily trip rate of approximately

3.37 trips per 1,000 sf. The proposed revisions to PD-I 22-001 related to conditionally allowed uses is focused on warehouse and distribution facilities, which would be most closely represented by the ITE Land Use Code “High-Cube Fulfillment Center Warehouse,” which would have a lower trip generation rate, including associated with heavy-duty trucks, than that of the Industrial Park ITE Land Use Code. Thus, even if the remainder of the SMP 39 site were to be developed entirely with warehouse and distribution facilities, the overall trip generation associated with buildout of the SMP 39 site would be further reduced as compared to what is anticipated for the site in the Transportation Report. As such, the trip generation analyzed herein for buildout of the SMP 39 site represents a conservative estimate of trips. Even under the conservative estimate, the trip generation associated with buildout of the SMP 39 site under the proposed project would be within what was anticipated for buildout of the site within the 2024 EIR. Based on such, the proposed revisions to PD-I 22-001 related to such conditionally allowed uses would not change any of the conclusions of the 2024 EIR.

The reduction in trips associated with the proposed project, as compared to what was anticipated for buildout the SMP 39 site in the 2024 EIR, would result in an associated reduction in mobile 2 Kimley-Horn. Project Solis – Livermore: Project Trip Generation and Vehicle Miles Traveled. June 25, 2025.

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emissions. Due to the industrial nature of both the currently proposed project and the development previously anticipated for the SMP 39 site in the 2024 EIR, other operational emissions, such as those associated with off-road equipment (i.e., forklifts) and stationary sources (i.e., diesel generators), would be similar to what was previously anticipated for buildout of the site in the 2024 EIR. Overall, the proposed project would result in a reduction in operational emissions as compared to what was evaluated in the 2024 EIR.

Although the 2024 EIR identified that implementation of SMP 39 on its own would not generate long-term operational criteria air pollutant emissions in excess of thresholds, SMP 39 and SMP 40 would be operational at the same time, and, therefore, the combined emissions generated from operations of both SMP 39 and SMP 40 were considered. The combined operations of SMP 39 and SMP 40 were determined to result in emissions of NOX that would exceed the BAAD’s thresholds of significance. The primary source of project-related operational NOX emissions was determined to be associated with forklifts used during project operations. Because the proposed project would still include the use of forklifts, the proposed project would be subject to Mitigation Measure 4.2-2 of the 2024 EIR, which requires that, during on-site operations, forklifts shall be a combination of propane and electric. Implementation of Mitigation Measure 4.2-2 would ensure that operation of the proposed project in combination with operations associated with the SMP 40 site would not result in emissions of NOX in excess of the applicable threshold of significance.

Overall, based on the above, the proposed project would not result in any changes, new circumstances, or new information that would involve new significant impacts or a substantial increase in the severity of a previously identified significant impact related to air quality from what has been anticipated for the project site in the 2024 EIR. Implementation of the applicable mitigation measures from the 2024 EIR would continue to ensure impacts would be less than significant.

Energy
The energy demand anticipated for buildout of the project site in the 2024 EIR was limited to energy usage associated with typical industrial development, such as interior and exterior building lighting, HVAC systems, electronic equipment, machinery, refrigeration, appliances, and security systems. While the remainder of the SMP 39 site would be developed consistent with what was anticipated in the 2024 EIR, the proposed R&D facility would include operation of a Pulser in addition to the aforementioned energy demand sources. The Pulser would store electrical energy from the grid, then discharge the energy in a “pulse” through tubes and water transmission lines at a target chamber. One “pulse” would require between five to eight MW to charge, which would be used for approximately one minute, once per day. At peak operation, the proposed R&D facility would require approximately 3.3 MW of power for standard lab and office space operations, including the trickle charging for operation of the Pulser. However, energy would not be drawn from the local grid all at once, rather the on-site energy storage system would be trickle charged throughout the day during non-peak times. Drawing energy throughout the day and storing the energy on-site would ensure that the existing energy infrastructure and capacity in the project vicinity would not be affected by the proposed project. As discussed above, the proposed project would include the extension of PG&E electrical infrastructure to the project site from the intersection of West Jack London Boulevard and Voyager Street. Consistent with what was anticipated in Chapter 4.7, Public Services, Utilities, and Service Systems, of the 2024 EIR, infrastructure improvements associated with buildout of the project site would be either within existing road rights-of-way or in areas proposed for disturbance as part of the project. Because the proposed electrical infrastructure improvements would occur within the existing right-of-way of West Jack London Boulevard or within already heavily disturbed areas, the improvements would not result in significant environmental effects beyond what was anticipated in the 2024 EIR.

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In addition, consistent with what was anticipated for buildout of the project site in the 2024 EIR, the proposed project would be subject to currently adopted and applicable regulations and standards, such as the 2022 CALGreen Code, Building Energy Efficiency Standards (Title 24, Part 6 of the California Code of Regulations), and In-Use Off-Road Diesel Vehicle Regulation.

Therefore, the proposed project would not result in any new significant impacts or substantially more severe significant impacts related to energy as compared to the 2024 EIR, and further environmental review related to such is not required.

Greenhouse Gas Emissions
Consistent with what was anticipated in the 2024 EIR, the proposed project would be required to comply with all currently applicable regulations associated with GHG emissions, including the California Green Building Standards Code (CALGreen Code), California Building Energy Efficiency Standards Code, and the City’s adopted 2022 Climate Action Plan (CAP). The 2024 EIR concluded that, because the SMP 39/SMP 40 Project would be consistent with all of the applicable strategies and actions of the City’s CAP, a less-than-significant impact would occur related to GHG emissions.

Although the proposed industrial uses would be similar to what was anticipated for the site in the 2024 EIR, as discussed above, according to the Transportation Report, the proposed project is estimated to generate 1,043 fewer daily vehicle trips than what was anticipated for the SMP 39 site in the 2024 EIR, and would result in a reduction in heavy-duty truck trips. Because vehicle trips would decrease under the proposed project as compared to what was anticipated for buildout of the SMP 39 site in the 2024 EIR, the associated mobile GHG emissions would decrease.

Accordingly, the proposed project would be reasonably expected to result in fewer GHG emissions than what was anticipated for the SMP 39 site in the 2024 EIR. As also discussed above, the proposed revisions to PD-I 22-001 related to conditionally allowed uses would not change any of the conclusions of the 2024 EIR.

In addition, the changes associated with the proposed project would not alter the conclusions in Table 4.2-15, Project Consistency with the City of Livermore CAP, of the 2024 EIR, as the proposed project would remain consistent with all of the applicable strategies and actions of the City’s CAP. For example, consistent with what was anticipated in the 2024 EIR, the proposed project would be all-electric; would be required to comply with the CALGreen Code’s construction waste diversion standards during construction; and would require all landscaping improvements to be consistent with Section 13.25, Water Efficient Landscape, of the City’s Municipal Code.

Therefore, the proposed project would not result in any changes, new circumstances, or new information that would involve new significant impacts or a substantial increase in the severity of a previously identified significant impact related to GHG emissions from what has been anticipated for the project site in the 2024 EIR.

Hazards and Hazardous Materials
As discussed in the 2023 IS, the only impact related to hazards and hazardous materials identified for the SMP 39/SMP 40 Project was related to an existing groundwater well located along the western boundary of SMP 39. Mitigation Measure IX-1 requires that the project applicant obtain the applicable abandonment permit from the Alameda County Department of Environmental Health (ACDEH) and properly abandon the on-site well, which would ensure any related impacts would be reduced to less-than-significant levels. Implementation of Mitigation Measure IX-1 would remain applicable to buildout of the SMP 39 site. All other impacts related to hazards and hazardous materials, including impacts related to creating a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials, as well as

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potential impacts related to being located within the Livermore Municipal Airport ALUCP, were determined to be less than significant, given consistency with applicable regulations related to safely managing hazardous materials and all applicable ALUCP policies.

While the remainder of the SMP 39 site is anticipated to be developed consistent with what was analyzed in the 2024 EIR, the proposed R&D facility would involve the use of radioactive material, specifically tritium, as fuel for the proposed Pulser. In order for the proposed project to be approved, the R&D facility operators would need to demonstrate compliance with the California Code of Regulations to the satisfaction of the California Department of Public Health, Radiation Safety and Environmental Management Division, Radiologic Health Branch before obtaining a radioactive material license for the possession and use of tritium as a fuel source. The operators of the proposed R&D facility would also need to demonstrate a shielding plan to the foregoing agencies sufficient to achieve public dose limits in order to register and operate the Pulser with any radioactive materials. In addition, the project applicant would also need to obtain a permit from BAAD for its emissions from the facility, testing their emissions from the facility on a regular basis to demonstrate that effluents from the facility do not exceed dose standards for members of the public. In order to ensure the proposed R&D facility meets public and occupational health standards, a Health and Safety Plan for the facility would be submitted to the California Department of Health (DPH) - Radiology Branch. An approved Health and Safety Plan would be required prior to receiving a license from the DPH. Compliance with the foregoing requirements would ensure that the proposed project would not result in any new significant impacts or substantially more severe significant impacts related to hazards and hazardous materials as compared to the 2024 EIR, and further environmental review related to such is not required. The proposed design of the R&D facility would also incorporate electromagnetic interference shielding and grounding required to avoid any interference with other buildings or uses in the vicinity, such as airport operations.

As previously stated, the majority of the project site is located within ALUCP Safety Zone 6, and a small portion of the northwest corner of the entire SMP 39 project site is located within Safety Zone 3. The development footprint of the proposed R&D facility is located completely within Safety Zone 6, which permits manufacturing and R&D land uses. The Federal Aviation Administration (FAA) regulates airspace in and around airports for the safety of air traffic by placing “surfaces” around the airport that follow specific dimensions, the size of which are based on the classification of the runway surface, pursuant to Part 77 of the Code of Federal Regulations. Development of buildings that would cross over such surfaces could potentially introduce a hazard to air navigation. The proposed project would increase the maximum allowable height of on-site buildings from 55 feet to 110 feet. Calculations were conducted by the City, pursuant to Part 77 of the Code of Federal Regulations, which are included as Appendix B to this Addendum, to determine whether the increase in height of the proposed R&D facility would cross through the relevant surface, potentially introducing a hazard to air navigation. According to the calculations conducted by the City, the obstruction height for the development footprint of the R&D facility is 126.78 feet above ground level (agl), meaning that any structure within the area that would exceed 126.78 feet agl would cross through the relevant surface and, thus, would conflict with FAA regulations. The proposed R&D facility would have a maximum height of 110 feet, which would not exceed the obstruction height. Therefore, the proposed project would not result in any new significant impacts or substantially more severe significant impacts related to airport hazards as compared to the 2024 EIR, and further environmental review related to such is not required.

Noise
The 2024 EIR concluded that due to the substantial distance between the SMP 39 site and the nearest sensitive noise receptors, construction noise associated with buildout of SMP 39 would

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be below the City of Livermore’s exterior noise level threshold at the nearest sensitive receptor locations. As such, construction noise impacts associated with buildout of the SMP 39 site were determined to be less than significant. New sensitive receptors have not been constructed in the vicinity of the project site since the 2024 EIR was certified. In addition, the proposed project would involve similar construction activities on the same site as analyzed in the 2024 EIR. Therefore, the proposed project would result in similar construction noise as anticipated for the project site in the 2024 EIR.

As stated in the 2024 EIR, the primary sources of operational noise associated with the proposed project would be project-generated traffic noise on local roadways, noise generated from loading dock activities, employee vehicle circulation, and rooftop mechanical heating, ventilation, and air conditioning (HVAC) equipment. The 2024 EIR concluded that the total combined increase in existing ambient noise levels due to SMP 39 and SMP 40 project traffic at the nearest receptors would be less than the 3 decibel (dB) increase threshold used for the analysis. As discussed above, the proposed project would generate 1,043 fewer daily trips than was previously anticipated in the 2024 EIR and would result in a reduction in heavy-duty truck trips. Therefore, project-generated traffic noise would be reduced as compared to what was anticipated for buildout of the project site in the 2024 EIR. As also discussed above, the proposed revisions to PD-I 22- 001 related to conditionally allowed uses would not change any of the conclusions of the 2024 EIR.

In addition, due to the substantial distance between the project site and the nearest noisesensitive receptors (residences across Isabel Avenue), the 2024 EIR concluded that impacts related to operational noise associated with loading dock activities, employee vehicle circulation, and HVAC equipment on the SMP 39 site, both individually and combined with operational noise associated with buildout of the SMP 40 site, would be less than significant. The loading docks associated with the proposed R&D facility would be located on the western side of the building, as compared to the southern side of the building as assumed in the 2024 EIR analysis, which would be more shielded from the nearest residences by the proposed R&D facility as compared to what was analyzed in the 2024 EIR. According to the Technical Memorandum for the Noise and Vibration Assessment (NVA) prepared for the proposed project by Illingworth & Rodkin, Inc. (I&R) (see Appendix C),3 the proposed R&D facility would also shield truck maneuvering activities occurring on-site from the nearest residences, which would be located more than 3,500 feet east from the loading docks. Therefore, the NVA determined that operational noise associated with loading dock activities at the nearest sensitive receptors would be less than what was anticipated for the site in the 2024 EIR, and would not exceed the City’s noise thresholds. Because the proposed project would result in reduced vehicle trips from what was anticipated for the site in the 2024 EIR, the NVA determined that operational noise associated with employee vehicle circulation would be reduced as compared to what was anticipated for buildout of the project site in the 2024 EIR. Furthermore, due to the same site and similar distance to the nearest sensitive receptor as analyzed in the 2024 EIR, according to the NVA, operational noise associated with rooftop HVAC equipment would be similar to what was anticipated for the site within the 2024 EIR.

Operation of the proposed Pulser would result in kinetic energy, which would dissipate as sound and/or vibration. The proposed Pulser would be located within the R&D facility building and the noise and vibration generated by such operations would be contained within the chamber. The chamber and the building would be sufficient to adequately shield the noise and vibration 3 Illingworth & Rodkin, Inc. DS Project, Livermore, CA – Technical Memorandum for the Noise and Vibration Assessment. June 3, 2024.

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associated with the Pulser. Thus, operation of the Pulser would not generate noise or vibration that would extend beyond the boundaries of the proposed R&D facility.

Given that operational noise generated by the proposed project would be equal to or less than what was anticipated for buildout of the SMP 39 site in the 2024 EIR, operational noise associated with the proposed project combined with operational noise associated with buildout of the SMP 40 site would not exceed what was anticipated for the SMP 39/SMP 40 Project in the 2024 EIR.

As such, similar to the conclusion of the 2024 EIR, the NVA concluded that operational noise levels generated by the proposed project would be below the City’s noise level standards.

Based on the above, the proposed project would not result in any changes, new circumstances, or new information that would involve new significant impacts or a substantial increase in the severity of a previously identified significant impact related to the generation of a substantial temporary or permanent increase in ambient noise levels from what has been anticipated for the project site in the 2024 EIR.

Transportation
SMP 39 and SMP 40 would be operational at the same time, and, therefore, the combined vehicle miles traveled (VMT) generated from operations of both SMP 39 and SMP 40 were considered in the 2024 EIR. Because the SMP 39 and SMP 40 sites are located in two separate traffic analysis zones (TAZs) (TAZ #1201 and TAZ #1202, respectively), according to the 2024 EIR, separate VMT modeling was required for each TAZ. According to the 2024 EIR, development of SMP 39 would result in an average daily VMT per employee of 17.01, and development of SMP 40 would result in an average daily VMT per employee of 16.45; overall, the average of the two TAZs would be 16.73 average daily VMT per employee, which is higher than the applicable significance threshold of 16.20. Therefore, the 2024 EIR included Mitigation Measure 4.8-3, which required a Transportation Demand Management (TDM) Plan be developed for uses within SMP 39 and SMP

40. As stated in the 2024 EIR, implementation of the TDM Plan would reduce the project-specific VMT per employee by a minimum of four percent, or to 16.06, which would be below the applicable VMT per employee significance criteria of 16.20, resulting in a less-than-significant impact.

According to the Transportation Report prepared for the proposed project by Kimley-Horn (see Appendix A),4 the proposed project is anticipated to generate an average daily VMT per employee of 17.97, which would exceed the VMT per employee anticipated for buildout of the project site in the 2024 EIR of 17.01 and cause the overall average daily VMT per employee of the SMP 39 and SMP 40 sites to increase from 16.73 to 17.21, which would exceed the applicable threshold of

16.20 average daily VMT per employee. In order to reduce the overall VMT to be below the applicable threshold, a reduction of 5.87 percent would be required.

In compliance with Mitigation Measure 4.8-3 of the 2024 EIR, a TDM Plan for SMP 39 and SMP 40 was prepared by TDM Specialists, Inc (2024 TDM Plan) as part of buildout of the SMP 40 site, which has been approved by the City.
5 The 2024 TDM Plan incorporates multiple measures to
reduce VMT, including, but not limited to, alternatives to on-site parking needs, promoting employee commuter options that reduce drive-alone travel, and supporting the City’s alternative transportation mode-use goals. The 2024 TDM Plan includes various infrastructure and incentivebased actions, such as short- and long-term bicycle parking; providing end-trip bicycle facilities 4 Kimley-Horn. Project Solis – Livermore: Project Trip Generation and Vehicle Miles Traveled. June 25, 2025. 5 TDM Specialists, Inc. SMP 39 and 40 Livermore Final Transportation Demand Management Plan. September 6, 2024.

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such as showers and lockers; providing preferential parking for carpool/vanpool; and encouraging telecommuting. Implementation of the 2024 TDM Plan would reduce overall VMT by a minimum of six percent, which is sufficient to reduce the total VMT to below the applicable threshold.

Regular monitoring and evaluation conducted by the City would ensure that operations associated with buildout of the SMP 39 and SMP 40 sites are in compliance in achieving the 2024 TDM Plan target.

It should be noted that the project applicant has the ability to refine the 2024 TDM Plan to more specifically address the SMP 39 site, as long as the measures included provide for at least an equivalent level of VMT reduction. Accordingly, the project applicant has prepared a draft TDM Plan for the SMP 39 site for the City’s consideration, which pulls from the measures listed in the approved 2024 TDM Plan.
6 As presented in the Transportation Report, the draft TDM Plan for SMP 39 would be sufficient to reduce the average daily VMT per employee generated by SMP 39 by a minimum of 9.9 percent, thus reducing the average daily VMT per employee associated with the SMP 39 site to 16.19, which would be below the applicable threshold of 16.20 VMT per employee. As such, the proposed project would not result in the generation of VMT per employee beyond what was previously anticipated for buildout of the site, in combination with buildout of the SMP 40 site, in the 2024 EIR. Therefore, the proposed project would not result in a new or substantially more severe significant impact related to VMT than what was anticipated in the 2024 EIR. As also discussed above, the proposed revisions to PD-I 22-001 related to conditionally allowed uses would not change any of the conclusions of the 2024 EIR.

With respect to site access and circulation, the 2024 EIR anticipated that access to SMP 39 would be provided through three new 40-foot-wide driveways from West Jack London Boulevard to the north. The proposed R&D facility would include two driveways that would provide site access from West Jack London Boulevard to the north; an additional driveway into the SMP 39 site would likely be developed as part of future buildout of the project site. Although construction activities associated with development of the project site could include disruptions to the transportation network near the project site, such as along West Jack London Boulevard, implementation of Mitigation Measure 4.8-1 of the 2024 EIR, which requires the project applicant to prepare a Construction Traffic Management Plan, would ensure that potential impacts related to such would be reduced to a less-than-significant level.

Based on the above, the proposed project would not result in any changes, new circumstances, or new information that would involve new significant impacts or a substantial increase in the severity of a previously identified significant impact related to transportation from what has been anticipated for the project site in the 2024 EIR. Implementation of the applicable mitigation measures from the 2024 EIR would continue to ensure impacts would be less than significant.

Remaining Impact Areas
The proposed project would involve the same site, similar construction activities, and similar operations as what was anticipated and analyzed for the SMP 39 site in the 2024 EIR. The proposed project would not result in any increase to the area of disturbance from what previously anticipated by the 2024 EIR. In addition, site conditions have remained the same as what was anticipated in the 2024 EIR, and, with the exception of the commencement of construction of the SMP 40 site, conditions in the project vicinity have not changed since the 2024 EIR was prepared.

The proposed uses would generally be consistent with the uses anticipated for the site in the 2024 EIR and, as discussed throughout this Addendum, the proposed zoning amendments would not result in any new or substantially more severe significant impacts as compared to what was 6 Kimley-Horn. Project Solis Livermore: Preliminary Transportation Demand Management (TDM) Plan. June 2025.

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identified for the site in the 2024 EIR. For the aforementioned reasons, the proposed project would not result in new significant impacts or substantially more severe significant impacts related to the following environmental issue areas: aesthetics, agriculture and forestry resources, biological resources, cultural resources, geology and soils, hydrology and water quality, land use and planning, mineral resources, population and housing, public services, recreation, tribal cultural resources, and wildfire. For example, although the proposed R&D facility would have a greater height than what was anticipated in the 2024 EIR, the proposed industrial use would be similar to what was anticipated for buildout of the site, and the project site is not located near any sensitive public viewpoints or in the vicinity of any scenic vistas. Furthermore, the project design would be required to comply with applicable General Plan policies and City of Livermore regulations related to building setbacks, design, and lighting. The proposed project would also be required to implement all relevant mitigation measures set forth in the 2024 EIR, such as mitigation to ensure the protection of special-status plant and wildlife species, as well as to prevent adverse effects to cultural and tribal cultural resources that may be encountered during development. It should be noted that since the 2024 EIR was prepared, the status of burrowing owl has changed from a California State Species of Concern to a candidate for listing under the California Endangered Species Act (CESA), which affords the same protection as an endangered or threatened species under CESA. However, the mitigation measures included in the 2024 EIR addressing potential impacts to burrowing owl are sufficient to ensure that current State requirements for the species are met and, thus, new or more severe significant impacts to burrowing owl would not occur beyond what was previously anticipated for the site in the 2024 EIR. Therefore, the proposed project would not result in any changes, new circumstances, or new information that would involve new significant impacts or a substantial increase in the severity of a previously identified significant impact related to the aforementioned environmental topics from what has been anticipated for the project site in the 2024 EIR. Implementation of the applicable mitigation measures from the 2024 EIR would continue to ensure impacts would be less than significant.

Overall, the proposed project would result in similar or fewer impacts as those identified within the 2024 EIR related to the foregoing issue areas. In addition, consistent with the 2024 EIR, the proposed project would be subject to all applicable federal, State, and local policies, regulations, and standards, as well as applicable mitigation measures established in the 2024 EIR. Therefore, the proposed project would not result in any new significant impacts or a substantial increase in the severity of a previously identified significant impact related to the aforementioned impact areas from what has been anticipated for the project site in the 2024 EIR.

G. CONCLUSION
The preceding discussions provide substantial evidence that the proposed project would not result in any new significant information of substantial importance, new significant impacts, new or revised alternatives, new mitigation measures, or a substantial increase in the severity of previously identified significant impacts that would require major revisions to the 2024 EIR. As such, the proposed project would not result in any conditions identified in CEQA Guidelines Sections 15162 and a subsequent EIR is not required.

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APPENDIX A

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Memorandum
To: Mr. Mario Tjia
Hines, Inc.

From: Mike Mowery, P.E.

Curtis Yee, P.E.

Re: Project Solis - Livermore
Project Trip Generation and Vehicle Miles Traveled
Date: June 25, 2025

The purpose of this memorandum is to document a trip generation and vehicle miles traveled (VMT) consistency analysis completed for the limited purpose to estimate the weekday daily, AM peak hour, and PM peak-hour trips anticipated to be generated by the proposed project for comparison to previously approved land use development studies.

Project Description
The proposed project contemplates occupying the SMP 39 manufacturing development on Jack London Boulevard in Livermore, California. The SMP 39 development consists of 755,500 square feet of total building area, which the proposed project intends to keep. The proposed project will be build-to-suit (BTS) and consists of a mix of uses including high bay industrial, laboratory, and administrative office. The proposed uses are different from the manufacturing use that was proposed with SMP 39. Therefore, this analysis was completed to compare the proposed project’s use with the previously approved SMP 39 use.

Trip Generation
A traffic impact analysis was previously completed for SMP 391. The prior analysis estimated the trip generation using the Institute of Transportation Engineers (ITE) Trip Generation Manual, 11th Edition, Land Use Code (LU) 140 (Manufacturing). Based on the expected uses of high bay industrial, laboratory, and administrative office it was determined that ITE LU 130 (Industrial Park) best estimates the trip generation anticipated to be experienced for the proposed project site in Livermore. Table 1 presents the comparison of trips from the prior analysis and the proposed project.

Table 1 – ITE Trip Generation Land Use Summary and Comparison As shown in Table 1, the prior SMP 39 development was anticipated to generate 3,589 daily trips, 514 AM, and 559 PM peak-hour trips. The proposed project is estimated to generate 2,546 daily, 257 AM, and 257 PM peak-hour trips. The proposed project results in a net decrease in 1,043 daily trips, 257 AM, and 302 PM peak-hour trips. As the proposed project is anticipated to generate fewer trips than were originally estimated, it can be reasonably inferred that the conclusions of the prior traffic impact analysis are applicable.
1 Final Traffic Impact Analysis Report | SMP 39 & 50 Development, TJKM, August 16, 2023.

Total In Out Total In Out
140 Manufacturing 755.5 1,000 Sq Ft 3,589 514 390 124 559 173 386 3,589 514 390 124 559 173 386
130 Industrial Park 755.5 1,000 Sq Ft 2,546 257 208 49 257 57 200 2,546 257 208 49 257 57 200
-1,043 -257 -182 -75 -302 -116 -186
Daily
Trips1
AM Peak PM Peak
SMP 39
Total SMP 39 Trips
Scenario ITE Land
Use Code Land Use Size Units
Proposed
Total Proposed Trips
Total Net New Trips
Source: ITE Trip Generation, 11th Edition

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Vehicle Miles Traveled
The previously approved SMP 39 development was also evaluated for potential VMT impacts. The relevant analysis methodology and findings from the previous report are summarized below:
 The VMT significance threshold for the project is identified as the City of Livermore average VMT per employee of 16.20.
 SMP 39 is located in traffic analysis zone (TAZ) 1201 of the Alameda County Transportation Commission Travel Demand Model (ACTC TDM).
 SMP 39 was represented in the model as 78 office jobs and 614 warehouse jobs for a total employment of 692.
 ACTC TDM calculated 17.97 VMT per employee for the SMP 39 development and a combined SMP 39 & SMP 40 VMT per employee of 16.73.
 The SMP 39 project would need to reduce its average VMT per employee by 9.85 percent to avoid a significant VMT impact.
 The project transportation demand management (TDM) plan2 identifies different measures that would reduce the SMP 39 project by at least 9.9 percent, reducing the project VMT per employee to 16.20 which meets the threshold.
 Therefore, with mitigation the SMP 39 project was found to have a less than significant VMT impact.

Review of the previously approved SMP 39 analysis shows sufficient consideration of potential VMT impacts of the proposed Project Solis to apply the findings of the SMP 39 study to this new similar use. The underlying analysis methodology of considering VMT impacts by calculating project VMT using the ACTC TDM is consistent with current approved methodologies from both the County and the State. The SMP 39 project was represented in the travel demand model using the same employment and TAZ land use characteristics that would be used to model the proposed Project Solis. While the proposed Project is expected to have fewer total employees than the previously approved SMP 39 use, it is maintaining, in the eyes of the ACTC TDM, the same employment types. The ACTC TDM has a limited number to employment categories and employment uses such as industrial, warehousing, and laboratory would all fall into the same employment category within the model, thus resulting in similar employee commute trip lengths calculated by the model for these uses.

The previously proposed SMP 39 use did not include any travel demand measures or a transportation demand management (TDM) plan as a part of the project, and thus was expected to have a significant transportation impact with the need to reduce VMT per employee by at least 9.85 percent to reduce the impact to less than significant. Project Solis is proposing a TDM plan2 which includes measures that will reduce project generated VMT between 9.9 and 26 percent based on reduction estimates provided by the Alameda County VMT Reduction Calculator. In addition, the proposed project is only located in TAZ 1201, which based on the previously approved analysis is expected to generate 17.97 VMT per employee. A 9.9- 26 percent reduction of 17.97 results in a VMT per employee of 13.3-16.2 for the project which would be below the identified threshold of 16.20. Thus, based on review of the proposed Project in comparison to the previously analyzed land use, it can be reasonably inferred that the conclusions of prior traffic impact analysis are applicable and the project will have a less than significant VMT impact. 2 Preliminary Transportation Demand Management Plan. Project Solis Livermore. June 2025.

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APPENDIX B

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The Federal Aviation Administration (FAA) regulates airspace in and around airports to protect for the safety of all air traffic. This is done through the placement of “surfaces” around the airport that follow specific dimensions, the size of which are based on the classification of the runway surface controlling for its own obstruction surfaces. Penetration of these surfaces can potentially introduce a hazard to air navigation, particularly at night, when an obstruction may not be clearly seen by a pilot. As such, all projects proposed within a specific distance from an airport, as well as those known to penetrate maximum altitudes regardless of distance from a runway, must be evaluated by the FAA. In its evaluation, the FAA will determine the appropriate obstruction heights as determined by the classification of the controlling runway and dimensions of the obstruction surfaces. If an object penetrates any of these surfaces, the FAA will make a further determination if the object would pose a significant hazard to air navigation, and provide for mitigation where possible, and requests to modify construction where mitigations are not possible. The least impactful mitigation is to require placement of a red obstruction light on top of any structure or object that may notify a pilot at night of the obstruction of signal avoidance. The most impactful mitigation would be a requirement to modify the building until it no longer represents a hazard.

The obstruction surfaces are imaginary surfaces and are roughly shaped as a bowl around a runway as shown in the below exhibit.

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A= Utility Runways
B= Runway larger than utility
C= Visibility minimums > 3/4 mile
D= Visibility minimums =< 3/4 mile
The classification of a runway is found on an airport’s Airport Layout Plan (ALP).

LVK has two runways, 7R/25L and 7L/25R. The primary runway at LVK is 7L/25R. The secondary runway at LVK is 7R/25L Pacific Fusion is situated on what is referred to as SMP-39 and is directly adjacent to the airport to the south across Jack London Blvd.

Given its proximity to the runway at Livermore Municipal Airport (LVK) the building heights must be evaluated to determine if the structure penetrates the FAA Part 77 Surface. Formally this should be done through the FAA’s Obstruction Evaluation request form 7460-1 “Notice of Proposed Construction.”

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While this process is being undertaken, LVK staff has evaluated the proposed below. As a caveat, it should be noted that the FAAs evaluation will be more exact using their own evaluation methods and programs and could potentially change what is shown below, although, this is not anticipated.

Pacific Fusion has proposed a maximum structure above ground level (AGL) height of 100 feet which is planned on being set back from Jack London Blvd after the road is widened, increasing the separation distances of the facility to the controlling runway for Part 77 surface evaluation. However, given the final placement is not set the most extreme placement and building height should be used for these planning purposes noting that any placement further away from the evaluation point would only decrease the potential impact of the facility to the imaginary surfaces. This would assume Pacific Fusion would place their proposed facility directly on the current north facing parcel line directly south of Jack London Blvd and LVK as shown below:

Given the location of the proposed Pacific Fusion facility, the controlling runway is the secondary runway, 7R/25L.

The secondary runway at LVK is labelled on the ALP as a Visual (v) Utility Runway (A), or A(v).

As the project site is located laterally from the controlling runway, the controlling imaginary surfaces are the 7:1 surface. The 7:1 surface is calculated beginning at the edge of the primary surface related to the controlling runway. The primary surface, located over runway 7R/25L at ground level (385ft AMSL, Above Mean Seal Level) is approximately 250ft wide with each side extending laterally by 125ft.

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At the edge of the primary surface the 7:1 imaginary surface begins to rise until it hits a maximum of 150ft AGL. The distance from the primary surface of 7R25L is roughly 971 ft.

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Following the 7:1 ratio, 971ft equates to a Part 77 surface height of 131.78ft. Taking into account the difference between the ASML of the controlling surface at 385ft ASML and the leading edge of the SMP-39 parcel (390ft agl), the obstruction height would be reduced by the difference of an estimated 5ft bringing the obstruction height down to 126.78ft AGL. This means that any facility or object proposed in this area would not be allowed to exceed 126.78 ft agl within mitigations.

Pacific Fusions proposed building height of 100ft AGL appears to be below the obstruction height of 126.78ft agl using the most impactful planning analysis.

Benny
Benedict Stuth
Airport Manager
Airport Division | Innovation and Economic Development
(925) 960-8223
City of Livermore | www.LivermoreCA.gov
From: Andy Ross <[email protected]>
Sent: Wednesday, May 14, 2025 1:55 PM
To: Benedict (Benny) Stuth <[email protected]>
Cc: Angela DaRosa <[email protected]>; Emily LaDue <[email protected]> Subject: RE: Livermore - Development Proposal - ALUC review Hi Benny,

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APPENDIX C

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429 E. Cotati Avenue
Cotati, CA 94931
Tel: 707-794-0400 Fax: 707-794-0405
www.illingworthrodkin.com [email protected]

M E M O
Date: June 3, 2025
To: Mario Tjia
Director, Hines
From: Carrie J. Janello
Senior Consultant, Illingworth & Rodkin, Inc.

SUBJECT: DS Project, Livermore, CA –
Technical Memorandum for the Noise and Vibration Assessment The DS Project, consisting of either a research and development (R&D)/light industrial facility or zoning that could allow for increased warehouse/logistics use, is proposed on a 15-acre parcel of the 44-acre SMP 39 site in Livermore, California. The SMP 39 site was evaluated in the SMP38/SMP 39/SMP 40 Project Draft Environmental Impact Report (DEIR) prepared by the City of Livermore with assistance from Raney Planning & Management.1 The approved development consists of 755,500 square feet of total building area, which the proposed project shall retain. The proposed project consists of a mix of uses, including high bay industrial (for the Pulser), laboratory, and administrative office. The proposed uses are different from the approved manufacturing use of SMP 39. The R&D/light industrial facility would include an approximate building footprint of 220,000 square feet (sf) that includes approximately 64,000 sf of lab space, 35,000 sf of office space, 110,000 sf of high-bay R&D space for a “pulser,” and an approximately 11,200 sf central utility building. There would be parking and landscaped areas included. Alternatively, a warehouse or logistics land use would be developed at the same site.

This technical memorandum evaluates the project’s potential to result in significant impacts with respect to applicable California Environmental Quality Act (CEQA) guidelines. This memorandum provides a brief description of the fundamentals of environmental noise and groundborne vibration, summarizes applicable regulatory criteria, discusses ambient noise conditions in the project vicinity, evaluates the potential noise and vibration impacts generated by the construction and operation of the proposed project on the existing noise-sensitive receptors surrounding the site, and presents mitigation measures, where necessary, to mitigate project 1 City of Livermore and Raney Planning & Management, Inc., SMP 38/SMP 39/SMP 40 Project Draft Environmental Impact Report, SCH#2023010091, August 2023.

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impacts to a less-than-significant level.

Fundamentals of Environmental Noise
Noise may be defined as unwanted sound. Noise is usually objectionable because it is disturbing or annoying. The objectionable nature of sound could be caused by its pitch or its loudness. Pitch is the height or depth of a tone or sound, depending on the relative rapidity (frequency) of the vibrations by which it is produced. Higher pitched signals sound louder to humans than sounds with a lower pitch. Loudness is the intensity of sound waves combined with the reception characteristics of the ear. Intensity may be compared with the height of an ocean wave in that it is a measure of the amplitude of the sound wave.

In addition to the concepts of pitch and loudness, there are several noise measurement scales which are used to describe noise in a particular location. A decibel (dB) is a unit of measurement which indicates the relative amplitude of a sound. The zero on the decibel scale is based on the lowest sound level that the healthy, unimpaired human ear can detect. Sound levels in decibels are calculated on a logarithmic basis. An increase of 10 decibels represents a ten-fold increase in acoustic energy, while 20 decibels is 100 times more intense, 30 decibels is 1,000 times more intense, etc. There is a relationship between the subjective noisiness or loudness of a sound and its intensity. Each 10 decibel increase in sound level is perceived as approximately a doubling of loudness over a fairly wide range of intensities. Technical terms are defined in Table 1.

There are several methods of characterizing sound. The most common in California is the Aweighted sound level (dBA). This scale gives greater weight to the frequencies of sound to which the human ear is most sensitive. Representative outdoor and indoor noise levels in units of dBA are shown in Table 2. Because sound levels can vary markedly over a short period of time, a method for describing either the average character of the sound or the statistical behavior of the variations must be utilized. Most commonly, environmental sounds are described in terms of an average level that has the same acoustical energy as the summation of all the time-varying events.

This energy-equivalent sound/noise descriptor is called Leq. The most common averaging period is hourly, but Leq can describe any series of noise events of arbitrary duration.

The scientific instrument used to measure noise is the sound level meter. Sound level meters can accurately measure environmental noise levels to within plus or minus 1 dBA. Various computer models are used to predict environmental noise levels from sources, such as roadways and airports.

The accuracy of the predicted models depends upon the distance the receptor is from the noise source. Close to the noise source, the models are accurate to within about plus or minus 1 to 2 dBA.

Since the sensitivity to noise increases during the evening and at night -- because excessive noise interferes with the ability to sleep -- 24-hour descriptors have been developed that incorporate artificial noise penalties added to quiet-time noise events. The Community Noise Equivalent Level (CNEL) is a measure of the cumulative noise exposure in a community, with a 5 dB penalty added to evening (7:00 pm - 10:00 pm) and a 10 dB addition to nocturnal (10:00 pm - 7:00 am) noise levels. The Day/Night Average Sound Level (DNL or Ldn) is essentially the same as CNEL, with the exception that the evening time period is dropped and all occurrences during this three-hour

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TABLE 1 Definition of Acoustical Terms Used in this Report Term Definition
Decibel, dB A unit describing the amplitude of sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure. The reference pressure for air is 20 micro Pascals.

Sound Pressure Level Sound pressure is the sound force per unit area, usually expressed in micro Pascals (or 20 micro Newtons per square meter), where 1 Pascal is the pressure resulting from a force of 1 Newton exerted over an area of 1 square meter. The sound pressure level is expressed in decibels as 20 times the logarithm to the base 10 of the ratio between the pressures exerted by the sound to a reference sound pressure (e. g., 20 micro Pascals). Sound pressure level is the quantity that is directly measured by a sound level meter.

Frequency, Hz The number of complete pressure fluctuations per second above and below atmospheric pressure. Normal human hearing is between 20 Hz and 20,000 Hz. Infrasonic sound are below 20 Hz and Ultrasonic sounds are above 20,000 Hz.

A-Weighted Sound
Level, dBA
The sound pressure level in decibels as measured on a sound level meter using the A-weighting filter network. The A-weighting filter de-emphasizes the very low and very high frequency components of the sound in a manner similar to the frequency response of the human ear and correlates well with subjective reactions to noise.

Equivalent Noise Level,
Leq
The average A-weighted noise level during the measurement period.

Lmax, Lmin
The maximum and minimum A-weighted noise level during the measurement period.

L01, L10, L50, L90
The A-weighted noise levels that are exceeded 1%, 10%, 50%, and 90% of the time during the measurement period.

Day/Night Noise Level,
Ldn or DNL
The average A-weighted noise level during a 24-hour day, obtained after addition of 10 decibels to levels measured in the night between 10:00 pm and 7:00 am.

Community Noise
Equivalent Level,
CNEL
The average A-weighted noise level during a 24-hour day, obtained after addition of 5 decibels in the evening from 7:00 pm to 10:00 pm and after addition of 10 decibels to sound levels measured in the night between 10:00 pm and 7:00 am.

Ambient Noise Level The composite of noise from all sources near and far. The normal or existing level of environmental noise at a given location.

Intrusive That noise which intrudes over and above the existing ambient noise at a given location. The relative intrusiveness of a sound depends upon its amplitude, duration, frequency, and time of occurrence and tonal or informational content as well as the prevailing ambient noise level.

Source: Handbook of Acoustical Measurements and Noise Control, Harris, 1998.

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TABLE 2 Typical Noise Levels in the Environment
Common Outdoor Activities Noise Level (dBA) Common Indoor Activities 110 dBA Rock band
Jet fly-over at 1,000 feet
100 dBA
Gas lawn mower at 3 feet
90 dBA
Diesel truck at 50 feet at 50 mph Food blender at 3 feet 80 dBA Garbage disposal at 3 feet
Noisy urban area, daytime
Gas lawn mower, 100 feet 70 dBA Vacuum cleaner at 10 feet Commercial area Normal speech at 3 feet
Heavy traffic at 300 feet 60 dBA
Large business office
Quiet urban daytime 50 dBA Dishwasher in next room
Quiet urban nighttime 40 dBA Theater, large conference room Quiet suburban nighttime
30 dBA Library
Quiet rural nighttime Bedroom at night, concert hall
(background)
20 dBA
Broadcast/recording studio
10 dBA
0 dBA
Source: Technical Noise Supplement (TeNS), California Department of Transportation, September 2013.

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period are grouped into the daytime period.

Effects of Noise
Sleep and Speech Interference
The thresholds for speech interference indoors are about 45 dBA if the noise is steady and above 55 dBA if the noise is fluctuating. Outdoors the thresholds are about 15 dBA higher. Steady noises of sufficient intensity (above 35 dBA) and fluctuating noise levels above about 45 dBA have been shown to affect sleep. Interior residential standards for multi-family dwellings are set by the State of California at 45 dBA Ldn. Typically, the highest steady traffic noise level during the daytime is about equal to the Ldn and nighttime levels are 10 dBA lower. The standard is designed for sleep and speech protection and most jurisdictions apply the same criterion for all residential uses.

Typical structural attenuation is 12 to 17 dBA with open windows. With closed windows in good condition, the noise attenuation factor is around 20 dBA for an older structure and 25 dBA for a newer dwelling.2 Sleep and speech interference is therefore possible when exterior noise levels are about 57 to 62 dBA Ldn with open windows and 65 to 70 dBA Ldn if the windows are closed.

Levels of 55 to 60 dBA are common along collector streets and secondary arterials, while 65 to 70 dBA is a typical value for a primary/major arterial. Levels of 75 to 80 dBA are normal noise levels at the first row of development outside a freeway right-of-way. In order to achieve an acceptable interior noise environment, bedrooms facing secondary roadways need to be able to have their windows closed, those facing major roadways and freeways typically need special glass windows.

Annoyance
Attitude surveys are used for measuring the annoyance felt in a community for noises intruding into homes or affecting outdoor activity areas. In these surveys, it was determined that the causes for annoyance include interference with speech, radio and television, house vibrations, and interference with sleep and rest. The Ldn as a measure of noise has been found to provide a valid correlation between noise level and the percentage of people annoyed. People have been asked to judge the annoyance caused by aircraft noise and ground transportation noise. There continues to be disagreement about the relative annoyance of these different sources. When measuring the percentage of the population highly annoyed, the threshold for ground vehicle noise is about 50 dBA Ldn. At a Ldn of about 60 dBA, approximately 12 percent of the population is highly annoyed.

When the Ldn increases to 70 dBA, the percentage of the population highly annoyed increases to about 25 to 30 percent of the population. There is, therefore, an increase of about 2 percent per dBA between a Ldn of 60 to 70 dBA. Between a Ldn of 70 to 80 dBA, each decibel increase increases by about 3 percent the percentage of the population highly annoyed. People appear to respond more adversely to aircraft noise. When the Ldn is 60 dBA, approximately 30 to 35 percent of the population is believed to be highly annoyed. Each decibel increase to 70 dBA adds about 3 percentage points to the number of people highly annoyed. Above 70 dBA, each decibel increase results in about a 4 percent increase in the percentage of the population highly annoyed.3 2 Based on the U.S. Department of Transportation Federal Highway Administration document “Highway Traffic Noise: Analysis and Abatement Guidance” (2010) and data from Illingworth & Rodkin, Inc. noise monitoring projects.
3 Kryter, Karl D. The Effects of Noise on Man. Menlo Park, Academic Press, Inc., 1985.

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Fundamentals of Groundborne Vibration
Ground vibration consists of rapidly fluctuating motions or waves with an average motion of zero.

Several different methods are typically used to quantify vibration amplitude. One method is the Peak Particle Velocity (PPV). The PPV is defined as the maximum instantaneous positive or negative peak of the vibration wave. In this report, a PPV descriptor with units of mm/sec or in/sec is used to evaluate construction generated vibration for building damage and human complaints.

Table 3 displays the reactions of people and the effects on buildings that continuous or frequent intermittent vibration levels produce. The guidelines in Table 3 represent syntheses of vibration criteria for human response and potential damage to buildings resulting from construction vibration.

TABLE 3 Reaction of People and Damage to Buildings from Continuous or Frequent Intermittent Vibration Levels
Velocity Level,
PPV (in/sec) Human Reaction Effect on Buildings

0.01 Barely perceptible No effect

0.04 Distinctly perceptible Vibration unlikely to cause damage of any type to any structure

0.08 Distinctly perceptible to
strongly perceptible
Recommended upper level of the vibration to which
ruins and ancient monuments should be subjected

0.1 Strongly perceptible Threshold at which there is a risk of damage to fragile buildings with no risk of damage to most buildings

0.25 Strongly perceptible to severe Threshold at which there is a risk of damage to historic and some old buildings.

0.3 Strongly perceptible to severe Threshold at which there is a risk of damage to older residential structures

0.5 Severe - Vibrations considered
unpleasant
Threshold at which there is a risk of damage to new
residential and modern commercial/industrial structures Source: Transportation and Construction Vibration Guidance Manual, California Department of Transportation, April 2020.

Construction activities can cause vibration that varies in intensity depending on several factors.

The use of pile driving and vibratory compaction equipment typically generates the highest construction related groundborne vibration levels. Because of the impulsive nature of such activities, the use of the PPV descriptor has been routinely used to measure and assess groundborne vibration and almost exclusively to assess the potential of vibration to cause damage and the degree of annoyance for humans.

The two primary concerns with construction-induced vibration, the potential to damage a structure and the potential to interfere with the enjoyment of life, are evaluated against different vibration limits. Human perception to vibration varies with the individual and is a function of physical setting and the type of vibration. Persons exposed to elevated ambient vibration levels, such as people in an urban environment, may tolerate a higher vibration level.

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Structural damage can be classified as cosmetic only, such as paint flaking or minimal extension of cracks in building surfaces; minor, including limited surface cracking; or major, that may threaten the structural integrity of the building. Safe vibration limits that can be applied to assess the potential for damaging a structure vary by researcher. The damage criteria presented in Table 3 include several categories for ancient, fragile, and historic structures, the types of structures most at risk to damage. Most buildings are included within the categories ranging from “Historic and some old buildings” to “Modern industrial/commercial buildings”. Construction-induced vibration that can be detrimental to the building is very rare and has only been observed in instances where the structure is at a high state of disrepair and the construction activity occurs immediately adjacent to the structure.

The annoyance levels shown in Table 3 should be interpreted with care since vibration may be found to be annoying at lower levels than those shown, depending on the level of activity or the sensitivity of the individual. To sensitive individuals, vibrations approaching the threshold of perception can be annoying. Low-level vibrations frequently cause irritating secondary vibration, such as a slight rattling of windows, doors, or stacked dishes. The rattling sound can give rise to exaggerated vibration complaints, even though there is very little risk of actual structural damage.

Regulatory Background
This section describes the relevant guidelines, policies, and standards established by Alameda County and the City of Livermore. The State CEQA Guidelines, Appendix G, are used to assess the potential significance of impacts pursuant to local General Plan policies or the applicable standards of other agencies. A summary of the applicable regulatory criteria is provided below.

State of California
State CEQA Guidelines. The California Environmental Quality Act (CEQA) contains guidelines to evaluate the significance of effects of environmental noise attributable to a proposed project.

Under CEQA, noise impacts would be considered significant if the project would result in:
(a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies; (b) Generation of excessive groundborne vibration or groundborne noise levels; (c) For a project located within the vicinity of a private airstrip or an airport land use plan or where such a plan has not been adopted within two miles of a public airport or public use airport, if the project would expose people residing or working in the project area to excessive noise levels.

Alameda County
Livermore Municipal Airport Land Use Compatibility Plan (ALUCP). The Livermore Municipal ALUCP is the primary document used by the Alameda County Airport Commission (ALUC) for

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promoting compatibility between the airport and the surrounding area. The ALUCP includes noise contours (see Figure 1) with the purpose of evaluating the noise compatibility of land use development in the Livermore Municipal Airport AIA. According to Table 3-1 of the ALUCP, industrial uses are compatible within the 55 and 60 dBA CNEL contours and are conditionally compatible within the 65 dBA CNEL noise contour.1
City of Livermore
City of Livermore General Plan. Chapter 9 of the City of Livermore General Plan, which was amended in 2013, includes policies and actions with the goal of minimizing the exposure of community residents to excessive noise. The following are applicable to this proposed project:

Objective N-1.1. Establish appropriate noise levels, design standards, and noise reduction techniques for all areas to minimize the adverse effects of noise.

Policy P1: The City shall emphasize noise considerations when making land use planning decisions.

Policy P2: Noise analysis shall be measured in dBA CNEL or dBA Ldn as defined in this Element.

Policy P3: The City shall maintain a pattern of land uses that separates noise-sensitive land uses from major noise sources to the extent possible.

Objective N-1.2. Adopt design standards and identify effective noise attenuation programs to prevent noise or reduce noise to acceptable levels.

Policy P1: When crafting mitigation programs for adverse noise exposure from new development, the City shall encourage the use of noise attenuation programs that avoid constructing sound walls.

Policy P3: The City shall require control of noise at the source for new development deemed to be noise generators through site design, building design, landscaping, hours of operation, and other techniques.

Policy P4: The City shall require operational limitations and feasible noise buffering for new uses that generate significant noise impacts near sensitive uses.

Policy P5: During all phases of construction, the City shall take measures to minimize the exposure of neighboring properties to excessive noise levels from construction-related activity.

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FIGURE 1 Livermore Municipal Airport ALUCP Noise Contours Source: Alameda County Community Development Agency, Livermore Executive Airport Land Use Compatibility Plan, August 2012.

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Policy P6: The City shall require mitigation measures to minimize noise impacts on surrounding areas as part of the permit review process for land uses of a temporary nature, such as fairs or exhibits. The noise level from the temporary use should be in conformance with the noise level guidelines for nearby land uses.

Policy P8: It shall be the responsibility of new development of new land uses to be consistent with noise standards appropriate and sensitive to adjacent land uses.

Action A2: Identify noise attenuation programs for mitigation of noise adjacent to existing residential areas, including such measures as wider setbacks, intense landscaping, double-pane windows, and building orientation away from the noise source.

Objective N-1.3. Increase public awareness of the negative effects of noise through public education and the enforcement of existing noise control measures.

Action A1: Enforce City, State, and federal noise level standards.

Action A2: Continue to enforce the City’s Noise Ordinance to reduce noise impacts.

Action A3: Revise the Noise Ordinance, as necessary, to improve the City’s ability to reduce noise impacts.

Objective N-1.4. Reduce noise levels from traffic, which is the single largest continual source of unacceptable noise in the City.

Policy P1: The City shall support federal and State legislation to attain lower operating noise levels on motor vehicles.

Policy P2: The City shall minimize potential transportation noise through proper design of street circulation, coordination of routing, and other traffic control measures.

Policy P3: The City shall provide planned industrial areas with truck access routes separated from residential areas to the maximum feasible extent. Consider methods to restrict truck travel times in sensitive areas.

Policy P5: The City will consider sound walls as a means of noise mitigation along proposed and existing roadway segments and railroad right-of-ways only after other noise attenuation programs such as building construction, larger landscaped berms, and distances have been considered to reduce noise to appropriate levels in residential areas.

Action A1: Promote and encourage new vehicle technologies to reduce transportation

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noise levels.

Action A4: Implement the Neighborhood Traffic Calming Program to encourage motorists to slow down thereby decreasing noise levels in all residential areas.

Objective N-1.5. Reduce the level of noise generated by mechanical and other noisegenerating equipment by means of public education, regulation, and/or political action.

Policy P1: The City shall require that industrial and commercial uses be designed and operated so as to avoid the generation of noise effects on surrounding sensitive land uses (e.g., residential, churches, schools, hospitals) from exceeding the following noise levels for exterior environments:
a) 55 dBA L50 (7:00 a.m. to 10:00 p.m.)
b) 45 dBA L50 (10:00 p.m. to 7:00 a.m.)
Policy P2: In order to allow for temporary construction, demolition or maintenance noise and other necessary short-term noise events, the stationary source noise standards in Policy N-1.5.P1, above, may be exceeded within the receiving land use by:
a) 5 dBA for a cumulative period of no more than fifteen (15) minutes in any hour.
b) 10 dBA for a cumulative period of no more than five (5) minutes in any hour.
c) 15 dBA for a cumulative period of no more than one (1) minute in any hour.

Policy P3: In order to allow for temporary construction, demolition or maintenance noise and other necessary short-term events, the stationary noise standards in Policy N-1.5.P1, above, shall not be exceeded within the receiving land use by more than 15 dBA for any period of time.

Policy P4: The following sources of noise are exempt from the standard in N-1.5.P1:
motor vehicles on public streets; trains; emergency equipment, vehicles, devices, and activities; temporary construction, maintenance, or demolition activities conducted between the hours of 7:00 a.m. and 8:00 p.m.

City of Livermore Municipal Code. Chapter 9.36 of the City’s Municipal Code includes noise control regulations, and the following apply to the proposed project:

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Chapter 9.36.040 Blowers, fans and combustion engines. The operation of any noise-creating blower, power fan or internal combustion engine, the operation of which causes noise due to the explosion of operating gases or fluids, is prohibited, unless the noise from such blower or fan is muffled and such engine is equipped with a muffler device to deaden such noise in such a manner so as not to be plainly audible at a distance of either 75 feet from the source of the noise, or between the hours of 6:00 p.m. Saturday to 7:00 a.m. Monday; 8:00 p.m. to 7:00 a.m. on Monday, Tuesday, Wednesday and Thursdays; 8:00 p.m. Friday to 9:00 a.m. on Saturday or at all on city-observed holidays. (Ord. 1672 § 1, 2002; Ord. 1128 § 2, 1983; 1960 code § 13B.3(g)) Chapter 9.36.050 Exhausts from engines, boats or vehicles. The discharge into the open air of the exhaust of any steam engine, stationary internal-combustion engine, motorboat or motor vehicle, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom in such a manner so as not to be plainly audible at the distance of either 75 feet from the source of the noise, or the property line, whichever is greater, is prohibited. (Ord. 1128 § 2, 1983; 1960 code § 13B.3(c))
Chapter 9.36.060 Loading and unloading vehicles and opening crates and containers. The creation of loud and excessive noise in connection with loading or unloading any vehicle or the opening and destruction of bales, boxes, crates and containers is prohibited. (Ord. 1128 § 2, 1983; 1960 code § 13B.3(d))
Chapter 9.36.090 Hammers, pile drivers, pneumatic tools and similar equipment. The operation between the hours of 6:00 p.m. Saturday to 7:00 a.m. Monday; 8:00 p.m. to 7:00 a.m. on Monday, Tuesday, Wednesday and Thursdays; 8:00 p.m. Friday to 9:00 a.m. on Saturday or at all on city-observed holidays of any pile driver, pneumatic tools, derrick, electric hoist, sandblaster or other equipment used in construction, demolition or other repair work, the use of which is attended by loud or unusual noise, is prohibited. (Ord. 1672 § 2, 2002; Ord. 1128 § 2, 1983; 1960 code § 13B.3(f))
Chapter 9.36.110 Exceptions.

B. Industrial areas located more than 500 feet from a residential development are exempt from the noise hour restrictions.

C. The city engineer and/or building official shall have the authority to authorize construction activities during the hours restricted by this chapter for the following reasons:

1. A public agency, other than the city, requires as a condition of a permit that the construction be done during the restricted hours.

2. Public health, safety or welfare requires the work to be done during the restricted hours.

3. Specific construction activities (such as large concrete foundation pours) can be identified and approved to occur as an exemption to this ordinance in the conditions of approval for a project at the time of the public hearing.

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Existing Noise Environment
Site SMP 39 is a rectangular-shaped site, totaling about 51.9 acres, in unincorporated Alameda County, the City of Pleasanton SOI, and the City of Livermore South Livermore UGB. As shown in Figure 2 from the SMP 38/SMP 39/SMP 40 Draft EIR,1 SMP 39 is currently undeveloped and is surrounded by West Jack London Boulevard and the Livermore Municipal Airport to the north; the Oaks Business Park to the east; gravel quarries and industrial ponds associated with mining operations to the south; and SMP 38, Arroyo Mocho, and industrial ponds to the west. The nearest noise-sensitive receptors include single-family residences more than 2,000 feet east of the eastern boundary of SMP 39. The portion of the SMP 39 that is the focus of this study is the easternmost portion of the site.

The Livermore Municipal Airport is approximately 100 feet north of SMP 39, which is within the Airport Protection Area boundaries and the Airport Influence Area boundaries identified in the ALUCP. The noise environment at the site and in the surrounding area results primarily from traffic along Isabel Avenue/SR 84, as well as nearby industrial uses, the Livermore Municipal Airport, and aggregate mining operations.

As part of the SMP 38/SMP 39/SMP 40 Draft EIR,
1 a long-term noise measurement (LT-1) was
made in the southwest corner of the aviation storage hangers, which are north of West Jack London Boulevard between April 5, 2023, and April 10, 2023. LT-1 was made about 12 feet above the ground from a telephone pole located approximately 25 feet north of the centerline of West Jack London Boulevard. The measured hourly Leq at LT-1 was 76 dBA, and the measured 24-hour Ldn was 75 dBA. Additionally, a long-term noise measurement (LT-2) was made at the single-family residences east of Isabel Avenue/SR 84 between November 2, 2021, and November 4, 2021. LT2 was located along the Arroyo Bike Trail, approximately 10 feet above the ground and approximately 295 feet east of the Isabel Avenue/SR 84 centerline. The measured 24-hour Ldn at LT-2 was 67 dBA. While hourly Leq was not provided in the Draft EIR, it is assumed that the Leq would be 1 dBA higher than the Ldn, based on the findings of LT-1. Figure 3 shows the measurement locations, with respect to SMP 39, which is shown in red.

Typically, hourly Leq noise levels during nighttime hours are about 10 dBA lower than daytime hourly average noise levels along arterial roadways, such as Jack London Boulevard, and about 5 dBA lower along expressways, such as SR 84. Therefore, the Leq during nighttime hours would be about 66 dBA at LT-1 and about 63 dBA at LT-2.

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FIGURE 2 Aerial Image Showing the Project Site and the Surrounding Noise-Sensitive Receptors Source: City of Livermore and Raney Planning & Management, Inc., SMP 38/SMP 39/SMP 40 Project Draft Environmental Impact Report, SCH#2023010091, August 2023.

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FIGURE 3 Aerial Image Showing the Site SMP 39 and the Noise Monitoring Locations Included in the SMP 38/SMP 39/SMP 40 Project Draft EIR
Source: Google Earth, 2025.

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Operational Noise
Operational noise associated with the proposed project includes project traffic, mechanical equipment, truck loading and unloading, and forklift operations. Each of these project-generated operations are discussed below.

According to Policies N-1.5.P1, N-1.5.P2, and N-1.5.P3 of the City’s General Code, a significant impact would occur if the proposed generates noise levels exceeding 55 dBA L50 during daytime hours and 45 dBA L50 during nighttime hours at receiving noise-sensitive receptors (i.e., residences, schools, hospitals, churches, libraries) for project activities occurring more than 30 minutes in a given hour. For activities occurring for more than five minutes in a given hour, noise level limits (L08) would be 10 dBA above the L50 limits. Maximum instantaneous noise level limits (Lmax) would be 15 dBA above the L50 limits.

The City does not define a significant permanent noise level increase. For purposes of this study, a permanent noise level increase generated by project-generated activities would be considered significant if: a) the noise level increase is 5 dBA Ldn or greater, with a future noise level of less than 60 dBA Ldn; or b) the noise level increase is 3 dBA Ldn or greater, with a future noise level of 60 dBA Ldn or greater. With an existing noise environment exceeding 60 dBA Ldn at the nearest noise-sensitive receptors in the project vicinity (i.e., residences east of Isabel Avenue/SR 84), the future noise environment would remain above 60 dBA Ldn. Therefore, a noise level increase of 3 dBA Ldn or more at the nearest residences would result in a significant impact.

Project Traffic
The traffic study completed by TJKM for the SMP 38/SMP 39/SMP 40 Draft EIR1 determined that approved SMP 39 development would generate approximately 3,589 daily vehicle trips, with 559 peak hour trips. The traffic study completed for the updated project determined that the daily project trips for the industrial park scenario would be 2,546, with 257 peak hour trips. This would represent the worst-case scenario. Since the updated project would reduce total project trips at SMP 39, the proposed project would reduce the permanent noise level increase anticipated in the EIR. The permanent noise level increase of the approved project was less than 3 dBA Ldn, and the permanent noise level increase under the proposed project would remain less than 3 dBA Ldn.

Therefore, the project would not result in a significant permanent noise increase at noise-sensitive receptors in the project vicinity. No additional impact would occur with the proposed project.

Truck Loading and Unloading
Both project scenarios would include loading docks for heavy truck deliveries. As mentioned above, the worst-case daily project trips would be 2,546 for either alternative. While the traffic study did not include truck trips for the proposed project, it is assumed that up to 2% of the daily and peak hour trips would be truck trips, which would be 51 daily truck trips and five peak hour truck trips. This would represent the worst-case scenario for the project site, which would be the manufacturing alternative. Under the R&D alternative, it is assumed the daily and peak hour truck trips would be reduced.

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Under the R&D/industrial project alternative, the expected hours of delivery would be between 7:00 a.m. and 10:00 p.m. The worst-case scenario, however, would be the warehouse alternative, which could potentially include 24-hour truck deliveries.

Truck maneuvering noise occurring at the project site would include a combination of engine, exhaust, and tire noise, as well as the intermittent sounds of back-up alarms and releases of compressed air associated with truck/trailer air brakes. However, truck maneuvering would occur at the loading docks, which are shown on the western façade of the proposed building. Therefore, truck maneuvering activities occurring at the project site would be well shielded from the nearest residences (located more than 3,500 feet from the loading docks) and the east offices (located more than 1,700 feet from the loading docks). Noise generated by truck loading and unloading activities would not exceed the City’s daytime or nighttime thresholds.

These additional truck trips would also contribute to the traffic noise along the surrounding roadways impacting the nearest residences, since SR 84 is the expected departure route. Caltrans traffic data along SR 84 was used to represent existing traffic conditions.4 While 2022 volumes are the most recently posted data, a standard increase of 1% per year was added to the volumes each year to calculate existing volumes in 2025. Caltrans also includes heavy truck volumes, which would be 2% to 7% of the total traffic along the roadway. Federal Highway Administration’s Traffic Noise Model (FHWA TNM), version 2.5, was used to model existing and existing plus project conditions, including the increase in truck trips. At a distance of 140 feet from the centerline of SR 84, which is the distance to the nearest residential property line, the Ldn under the existing and existing plus project scenarios would be 73 dBA. Therefore, the project would not result in a measurable or detectable noise level increase (i.e., 0 dBA Ldn increase) with the inclusion of the proposed project and the truck trips added to the roadways under the worst-case project alternative.

Parking Lot
According to the proposed site plan, a surface parking lot would be located on the eastern portion of project site. The residences east of SR 84 would be partially shielded from the intervening office buildings. However, assuming worst-case conditions, no attenuation is assumed for the nearest residences or the east office buildings.

Noise sources associated with the use of the parking lots would include vehicular circulation, loud engines, door slams, and human voices. The maximum noise level of a passing car at 15 mph typically ranges from 45 to 55 dBA at a distance of 100 feet. The noise generated during an engine start is similar. Door slams cause slightly lower noise levels. The hourly average noise levels resulting from all of these noise-generating activities in a busy parking lot typically range from 40 to 50 dBA Leq at a distance of 100 feet from the parking area. Noise levels decrease at a rate of 6 dB per doubling of distance. Assuming maximum activities in a busy parking lot for three hours between 6:00 a.m. and 9:00 a.m. and again between 5:00 p.m. and 8:00 p.m. and some activity between 8:00 p.m. and 10:00 p.m., the 24-hour average noise level at 100 feet would be 48 dBA Ldn.

While a single vehicle accessing a parking lot and maneuvering to and from a parking spot would 4 https://dot.ca.gov/programs/traffic-operations/census

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typically take up to five minutes, activity throughout the parking lot at the start and end of a shift would be constant for more than 30 minutes in a given hour. Therefore, the daytime L08 and L50 standards of 65 and 55 dBA, respectively, would apply to this noise source at the nearest receiving residences. The City of Livermore does not have noise standards for office uses.

The distance from the center of the parking lot to the property line of the nearest noise-sensitive receptor, which would be the residences east of SR 84, would be about 2,795 feet. At this distance, parking lot noise would be at or below 26 dBA L08 and at or below 21 dBA L50. The 24-hour average would be less than 20 dBA Ldn, assuming maximum activity in the parking lot for three hours in the morning and in the evening. Therefore, parking lot activities would not exceed the City’s L08 or L50 daytime standards of 65 and 55 dBA, respectively, at the nearest residential uses.

Additionally, the nearest office building, which would be about 960 feet from the center of the parking lot, would be exposed to parking lot noise up to 35 dBA L08 for parking lot activity occurring for up to five minutes and up to 30 dBA L50 for hourly parking lot activity occurring for more than 30 minutes in an hour. The day-night average noise level at the office building would be 29 dBA Ldn.

For all existing noise-sensitive receptors, the noise level increase due to parking lot activities would not be measurable or detectable (0 dBA Ldn increase).

Mechanical Equipment
Most operational mechanical equipment proposed at the project site, including the Pulser, would be located within the proposed building, which would adequately shield the mechanical equipment noise from the surrounding receptors. However, the site plan shows two transformers located on the ground level of the western external façade.

Transformers up to 1,000 kVA typically generate noise levels up to 64 dBA, as measured at 1 meter (about 3 feet). Assuming two transformers run continuously during daytime and nighttime hours, the 24-hour average noise level would be 73 dBA Ldn at a distance of about 3 feet.

For this analysis, it is assumed that both transformers operate continuously throughout each hour in a 24-hour period. Therefore, the daytime and nighttime L50 standards of 55 and 45 dBA would apply to this noise source at the nearest receiving residential property lines, which would be more than 3,600 feet from the equipment, and would be well shielded by the proposed R&D and existing office buildings. At this distance, hourly average noise levels would be below 20 dBA L50, and the day-night average noise level would be below 20 dBA Ldn. Therefore, mechanical equipment noise would not exceed the City’s L50 daytime or nighttime standards at the nearest residential property lines.

Additionally, the nearest office building, which would be about 1,775 feet from the transformers, would be exposed to mechanical equipment noise below 20 dBA L50. The day-night average noise level at the office building would be below 20 dBA Ldn.

For all existing noise-sensitive receptors, the noise level increase due to mechanical equipment

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would not be measurable or detectable (0 dBA Ldn increase).

Forklift Operations
Forklifts are typically used to off load heavy trucks at the loading docks, which are located along the western building façade. Operations of the forklifts would be well shielded from the noisesensitive receptors by the proposed building. Therefore, forklift activities would not exceed the City’s noise standards. For all existing noise-sensitive receptors, the noise level increase due to forklift activities would not be measurable or detectable (0 dBA Ldn increase).

Total Combined Project-Generated Noise
Operational noise levels due to project-generated activities (i.e., traffic, truck loading/unloading, parking lot, mechanical equipment, and forklift operations) would not exceed the City’s daytime or nighttime noise limits at the noise-sensitive receptors surrounding the site, which include residential uses east of SR 84.

For all existing noise-sensitive receptors in the project vicinity, the noise level increase due to project-generated noise levels would not result in a measurable or detectable permanent noise level increase (i.e., 0 dBA Ldn increase).

Construction Noise
The Pacific Fusion R&D facility would include the construction of a single 225,500 square foot building. The exterior of the proposed R&D facility would include a combination of tilt up concrete for the majority of the structure and a precast panel or metal panel construction for the high-bay space (for the Pulser).

The noise thresholds included in Policies N-1.5.P1, N-1.5.P2, and N-1.5.P3 of the City’s General Code would apply to construction work occurring outside the allowable construction hours specified in Policy N-1.5.P4, which are between 7:00 a.m. and 8:00 p.m. Additionally, Chapter

9.36.90 prohibits the use of pile drivers, pneumatic tools, derricks, electric hoists, sandblasters or other equipment used during construction and demolition between the hours of 6:00 p.m. Saturday to 7:00 a.m. Monday; 8:00 p.m. to 7:00 a.m. on Monday, Tuesday, Wednesday and Thursdays; 8:00 p.m. Friday to 9:00 a.m. on Saturday or at all on city-observed holidays.

Noise impacts resulting from construction depend upon the noise generated by various pieces of construction equipment, the timing and duration of noise-generating activities, and the distance between construction noise sources and noise-sensitive areas. Construction noise impacts primarily result when construction activities occur during noise-sensitive times of the day (e.g., early morning, evening, or nighttime hours), the construction occurs in areas immediately adjoining noise-sensitive land uses, or when construction lasts over extended periods of time.

Construction activities generate considerable amounts of noise, especially during earth-moving activities when heavy equipment is used. The construction of the proposed project would involve substantial excavation and foundation work, building assembly, paving, and landscaping. The

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hauling of excavated materials and construction materials would generate truck trips on local roadways, as well. For the proposed project, impact pile driving may be required and is assumed in this analysis.

Construction activities for individual projects are typically carried out in phases. During each phase of construction, there would be a different mix of equipment operating, and noise levels would vary by phase and vary within phases, based on the amount of equipment in operation and the location at which the equipment is operating. The highest noise levels would be generated during grading, excavation, and foundation construction. The assembly of large buildings from steel structures could also cause considerable noise for fairly long durations. The typical range of maximum instantaneous noise levels for the proposed project would be 70 to 90 dBA Lmax at a distance of 50 feet (see Table 4) from the equipment. At 50 feet, maximum noise levels generated by impact pile driving would be 105 dBA Lmax.

Table 5 shows the hourly average noise level ranges, by construction phase, typical for various types of projects. Hourly average noise levels generated by construction typically are about 75 to 89 dBA Leq for R&D buildings, measured at a distance of 50 feet from the center of a busy construction site. Construction-generated noise levels drop off at a rate of about 6 dBA per doubling of the distance between the source and receptor. Shielding by buildings or terrain often results in lower construction noise levels at distant receptors.

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TABLE 4 Construction Equipment 50-Foot Noise Emission Limits Equipment Category Lmax Level
(dBA)1,2 Impact/Continuous
Arc Welder
Auger Drill Rig
Backhoe
Bar Bender
Boring Jack Power Unit
Chain Saw
Compressor3
Compressor (other)
Concrete Mixer
Concrete Pump
Concrete Saw
Concrete Vibrator
Crane
Dozer
Excavator
Front End Loader
Generator
Generator (25 KVA or less)
Gradall
Grader
Grinder Saw
Horizontal Boring Hydro Jack
Hydra Break Ram
Impact Pile Driver
Insitu Soil Sampling Rig
Jackhammer
Mounted Impact Hammer (hoe ram)
Paver
Pneumatic Tools
Pumps
Rock Drill
Scraper
Slurry Trenching Machine
Soil Mix Drill Rig
Street Sweeper
Tractor
Truck (dump, delivery)
Vacuum Excavator Truck (vac-truck)
Vibratory Compactor
Vibratory Pile Driver
All other equipment with engines larger than 5 HP
73 85
80 80
80 85
70 80
85 82
90 80
85 85
85 80
82 70
85 85
85 80
90 105
84 85
90 85
85 77
85 85
82 80
80 84
84 85
80 95
85 Continuous
Continuous
Continuous
Continuous
Continuous
Continuous
Continuous
Continuous
Continuous
Continuous
Continuous
Continuous
Continuous
Continuous
Continuous
Continuous
Continuous
Continuous
Continuous
Continuous
Continuous
Continuous
Impact
Impact
Continuous
Impact
Impact
Continuous
Continuous
Continuous
Continuous
Continuous
Continuous
Continuous
Continuous
Continuous
Continuous
Continuous
Continuous
Continuous
Continuous
Notes: 1 Measured at 50 feet from the construction equipment, with a “slow” (1 sec.) time constant. 2 Noise limits apply to total noise emitted from equipment and associated components operating at full power while engaged in its intended operation.
3 Portable Air Compressor rated at 75 cfm or greater and that operates at greater than 50 psi.

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TABLE 5 Typical Ranges of Construction Noise Levels at 50 Feet, Leq (dBA) Domestic Housing
Office Building,
Hotel, Hospital,
School, Public
Works
Industrial Parking
Garage, Religious
Amusement &
Recreations, Store,
Service Station
Public Works
Roads & Highways,
Sewers, and
Trenches

I II I II I II I II
Ground
Clearing 83 83 84 84 84 83 84 84
Excavation 88 75 89 79 89 71 88 78
Foundations 81 81 78 78 77 77 88 88
Erection 81 65 87 75 84 72 79 78
Finishing 88 72 89 75 89 74 84 84
I - All pertinent equipment present at site.

II - Minimum required equipment present at site.

Source: U.S.E.P.A., Legal Compilation on Noise, Vol. 1, p. 2-104, 1973.

Project construction is expected to start in early January 2026 and be completed by the end of March 2027. The project’s exterior will be a combination of tilt up concrete for the office, lab space and the base of the R&D space, and a precast panel or metal panel construction for the high bay industrial lab space for the Pulser. Due to the bearing pressure of the large concrete structure and the sensitive equipment of the Pulser, which cannot withstand substantial settlement once in operation, the project will rely on deep foundation systems (i.e., piles). The Project’s concrete slab foundation would rest on these piles so that the building will not settle with the surrounding soil.

Other onsite site improvements would include a 268-space parking lot and the installation of landscaping along all frontages of the facility. Consistent with the 2024 EIR, the City would be responsible for providing water service, sewer service, police protection, and general government services to the proposed R&D facility, along with maintaining public water and sewer mains and the onsite storm drainage system. The R&D facility footprint would be divided into five drainage management areas (DMAs) wherein stormwater would be captured and directed into a bioretention treatment planter before being directed into the existing storm drain system of West Jack London Boulevard.

Total onsite project construction is expected to take about 15 months to complete, and the applicant proposes construction between 7:00 a.m. and 7:00 p.m.

Federal Highway Administration’s (FHWA’s) Roadway Construction Noise Model (RCNM) was used to calculate the typical hourly average noise levels for each phase of construction, assuming the two loudest pieces of equipment would operate simultaneously, as recommended by the Federal Transit Administration (FTA) for construction noise evaluations. This construction noise model includes representative sound levels for the most common types of construction equipment and the approximate usage factors of such equipment that were developed based on an extensive database of information gathered during the construction of the Central Artery/Tunnel Project in Boston, Massachusetts (CA/T Project or "Big Dig"). The usage factors represent the percentage of time that the equipment would be operating at full power.

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Equipment expected to be used in each construction phase of the onsite work is summarized in Table 6, along with the quantity of each type of equipment and the reference noise level at 50 feet, assuming the operation of the two loudest pieces of construction equipment for each construction phase, per recommendation by the FTA. As previously mentioned, pile driving would be required for the proposed project during the foundation work; however, the type of pile driving (i.e., impact driving, vibratory driving, drilling) has not been specified. Additionally, the number of rigs has not yet been established. Pile driving activities, which are very noisy, dominate the noise environment at the project site and typically operate as an isolated construction activity with little to no other equipment operating simultaneously. Therefore, noise levels shown in Table 6 do not include pile driving activity.

TABLE 6 Construction Noise Levels During Onsite Work at a Distance of 50 feet Phase of Construction Total
Workdays
Construction Equipment
(Quantity)
Estimated
Construction
Noise Level at 50
feet, dBA Leq
Site Preparation 10 Rubber-Tired Dozer (3)
a
Tractor/Loader/Backhoe (4)
a 82
Grading/Excavation 20
Excavator (1)
Grader (1)a
Rubber-Tired Dozer (1)
Tractor/Loader/Backhoe (3)
a
84 Trenching/Foundation 20 Tractor/Loader/Backhoe (1)a
Excavator (1)
a 82
Building – Exterior 230
Crane (1)
Forklift (3)
Generator Set (1)a
Tractor/Loader/Backhoe (3)a
Welder (1)
82 Building – Interior/
Architectural Coating 20 Air Compressor (1)a 74
Paving 20
Paver (2)a
Paving Equipment (2)a
Roller (2)
83 a Denotes two loudest pieces of construction equipment per phase (not including pile driving).

Temporary construction noise was also assessed at the receiving property lines of all existing receptors in the project vicinity. Table 7 summarizes the hourly average noise levels calculated for all construction equipment operating simultaneously in each phase (except for pile driving activities) for the onsite construction work when the source levels are positioned at the center of the project building and propagated to the receiving property lines. While the residences east of SR 84 would be partially shielded by the existing intervening office buildings, no attenuation is assumed for the noise levels in Table 7.

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TABLE 7 Construction Noise Levels During Onsite Activities for the Proposed Project at the Receiving Property Lines in the Project Vicinity Calculated Hourly Average Noise Levels, Leq (dBA)
Res. East of SR 84 (3,310ft) East Offices (1,460ft)
Site Preparation 51 58
Grading/ Excavation 51 58
Trenching/
Foundationa 45 52
Building – Exterior 50 57
Building – Interior/
Architectural
Coating
37 44
Paving 50 57 a Not including pile driving activities.

As shown in Table 6, construction noise levels would intermittently range from 74 to 84 dBA Leq at a distance of 50 feet from the non-pile driving equipment. When the noise source is positioned at the center of the proposed building, unattenuated construction noise levels would range from 37 to 51 dBA Leq at the nearest residential receptors and from 44 to 58 dBA Leq at the east offices.

Since the nearest noise-sensitive receptors would be located more than 2,000 feet from the project site, construction noise levels during non-pile driving activities would be below 55 dBA Leq. For the surrounding office uses, construction noise levels would be at or below 63 dBA Leq during non-pile driving activities even when construction occurs at the nearest project boundary.

Isolated pile driving activity is expected to be required for the foundation of the building and would occur along the perimeter of the building footprint, as well as within the footprint of the building.

While the total number of required piles is unknown, it is assumed that pile driving would take about two weeks to complete. Table 8 summarizes the hourly Leq and Lmax for various pile driving options.

During impact pile driving, the hammer guide is placed on top of the piles, and the hammer is picked up and driven into the piles in multiple, isolated strikes. Noise generated by impact pile driving is dependent on the size of the piles, the size of the hammer, and force of each strike. Each strike generates a maximum instantaneous noise level, and the number of repeated strikes adds to the disruption at the receiving property lines. The Leq is averaged over a given hour when the activities occur, and the Leq for impact pile driving depends on the number of strikes in that hour, which is unknown at this time. The Leq shown in Table 8, therefore, is estimated based on 20% usage. Assuming 20% usage, the maximum noise level would below 80 dBA Lmax at the nearest residential property lines. Similarly, impact pile driving would be below 80 dBA at the office uses.

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TABLE 8 Pile Driving Noise Levels Propagated from the Nearest Building Façade to the Receiving Property Lines in the Project Vicinity
Construction Noise Levels (dBA)
Res. East of SR 84 (3,035ft) East Offices (1,160ft)
Leq Lmax Leq Lmax
Impact Pile Driving 59 69 67 78
Vibratory Pile Driving 58 59 67 68
Drilling 37-42 44-49 45-50 53-58
During vibratory pile driving, the hammer is placed on the pile, and the pile is vibrated into the ground using constant operation of the hammer. Depending on the soil conditions and size of the piles, this could take more than 30 minutes in a given hour to install. Hence, the Leq and the Lmax are virtually the same in Table 8. Vibratory pile driving would not generate noise levels exceeding 70 dBA at the surrounding receptors.

Using a standard drill rig or an auger drill rig would further reduce construction noise levels during the installation of piles as part of the foundation work of the proposed project by a minimum of 10 dBA compared to vibratory pile driving. However, the total required time to install the piles may be lengthened with the use of drilling.

The 2024 EIR included the following mitigation measure to reduce project construction activities at the project site:

Mitigation Measure 4.6-1: Prior to issuance of a grading permit for the chosen off-site trail connection option, the project applicant shall prepare a construction noise management plan that identifies measures to be taken to minimize construction noise on surrounding sensitive land uses and include specific noise management measures to be included within the plans and specifications for the trail connection option, subject to review and approval by the City of Livermore Community Development Department. The project applicant shall demonstrate, to the satisfaction of the City that the project complies with the following:
• All heavy construction equipment used on the proposed project shall be maintained in good operating condition, with all internal combustion, engine‐driven equipment fitted with intake and exhaust mufflers that are in good condition.
• All mobile or fixed noise producing equipment used on the proposed project that is regulated for noise output by a local, state, or federal agency shall comply with such regulations while in the source of project activity.
• Where feasible, electrically‐powered equipment shall be used instead of pneumatic or internal combustion powered equipment.
• All stationary noise‐generating equipment shall be located as far away as possible from the nearest residential uses.

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• Signs prohibiting unnecessary idling of internal combustion engines shall be posted. • The use of noise‐producing signals, including horns, whistles, alarms and bells shall be for safety warning purposes only.
• The use of temporary sound barriers shall be incorporated along the outer work area of the construction site, east of Isabel Avenue/SR 84. Barrier height and location(s) shall be determined by a qualified acoustical engineer to ensure that the resultant construction noise levels at the nearest residence would meet the applicable standard. The sound barrier fencing shall consist of 0.5-inch plywood or minimum STC 27 sound curtains placed to shield nearby sensitive receptors. The plywood barrier shall be free from gaps, openings, or penetrations to ensure maximum performance.

Implementation of the above mitigation measures would ensure that construction of the proposed project would comply with the City of Livermore and would reduce the construction noise levels from the project.

After implementation of the noise mitigation measures included in the 2024 EIR, temporary construction activities would be reduced as much as possible, protecting the nearby noise-sensitive receptors, to the most feasible extent possible. Considering the expected duration of elevated noise levels, incorporation of the above measures would reduce the temporary construction noise impact to a less-than-significant level.

Construction Vibration
The construction of the project may generate perceptible vibration when heavy equipment or impact tools (e.g., jackhammers, hoe rams) are used. Construction activities would include demolition, site preparation work, foundation work, and new building framing and finishing.

The California Department of Transportation (Caltrans) recommends a vibration limit of 0.5 in/sec PPV for buildings structurally sound and designed to modern engineering standards, which typically consist of buildings constructed since the 1990s. Conservative vibration limits of 0.3 in/sec PPV has been used for buildings that are found to be structurally sound but where structural damage is a major concern (see Table 3 for further explanation). For historical buildings and some old buildings, a vibration limit of 0.25 in/sec PPV would apply, and for ruins or ancient monuments, a cautious vibration limit of 0.08 in/sec PPV is often used to provide the highest level of protection. No historical buildings, ancient monuments or ruins have been identified within 200 feet of the project. Conservatively, the 0.3 in/sec PPV threshold would be applied for all structures in the project vicinity.

Damage due to construction vibration would fall into three categories: threshold damage (or cosmetic), minor damage, and major damage. Threshold damage, or cosmetic damage, would entail hairline cracking in plaster, the opening of old cracks, the loosening of paint or the dislodging of loose objects. Minor damage would include hairline cracking in masonry or the loosening of plaster, and major structural damage would include wide cracking or shifting of foundation or bearing walls.

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Pile driving, which produces substantial vibrations, would likely be required for the foundation of the proposed building. Pile driving would potentially occur for about two weeks, averaging approximately eight hours per day and would not occur within 150 feet of the nearest surrounding building or airplane storage structure.

Table 9 presents typical vibration levels that could be expected from construction equipment at a distance of 25 feet. At 25 feet, typical impact and vibratory pile driving would generate vibration levels of 0.64 and 0.17 in/sec PPV, respectively, with the upper limit on vibration levels of 1.16 and 0.73 in/sec PPV, respectively. Other options, such as drilling, would typically generate vibration levels of 0.09 in/sec PPV at a distance of 25 feet.

TABLE 9 Vibration Source Levels for Construction Equipment Equipment PPV at 25 ft.
(in/sec)
Minimum Distance to Meet 0.3 in/sec
PPV (feet)
Pile drive
(impact)
upper range 1.158 86
typical 0.644 51
Pile drive
(sonic)
upper range 0.734 57
typical 0.170 15
Clam shovel drop 0.202 18
Hydromill
(slurry wall)
in soil 0.008 1
in rock 0.017 2
Vibratory Roller 0.210 19
Hoe Ram 0.089 9
Large bulldozer 0.089 9
Caisson drilling 0.089 9
Loaded trucks 0.076 8
Jackhammer 0.035 4
Small bulldozer 0.003 < 1
Source: Transit Noise and Vibration Impact Assessment Manual, Federal Transit Administration, Office of Planning and Environment, U.S. Department of Transportation, September 2018, as modified by Illingworth & Rodkin, Inc., May 2025.

Vibration levels would vary depending on soil conditions, construction methods, and equipment used. Table 9 also summarizes the distances to the 0.3 in/sec PPV threshold for older conventional buildings located in the project vicinity.

Vibration levels are highest close to the source and then attenuate with increasing distance at the rate �
𝐷𝐷𝑟𝑟𝑟𝑟𝑟𝑟
𝐷𝐷
� �

1.1 , where D is the distance from the source in feet and Dref is the reference distance of 25 feet. Construction vibration levels would be dependent on the location of individual pieces of equipment. Equipment scattered throughout the site would not generate a collective vibration level, but a vibratory roller, for instance, operating near the project site boundary would generate the worst-case vibration levels for the receptor sharing that property line.

Pile driving is a stationary construction activity occurring at the location of the foundation piles.

The nearest pile locations to the surrounding offsite buildings surrounding the site would at the

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proposed building façades. For this analysis, pile driving operations are assumed at the nearest building façades to each of the offsite buildings, and all other onsite construction is propagated to the offsite buildings assuming equipment to be operating along the nearest project site boundary, which represents the worst-case conditions.

Vibration levels summarized in Table 9 represents the range of vibration levels within which all construction equipment fall. During onsite construction activities not including pile driving, operation of construction equipment along the project site boundaries would represent the worstcase vibration conditions for the offsite buildings surrounding the site. Assuming operation along the nearest property lines, construction equipment would be more than 2,700 feet from the nearest residential structure. The nearest office façade would be more than 850 from the nearest project site boundary. At these distances, vibration levels would be below 0.01 in/sec PPV. North of the project site are airport storage hangers, which would be approximately 100 feet from the nearest project site boundary. At this distance, vibration levels would be below 0.05 in/sec PPV. Therefore, all non-pile driving construction activities occurring on the project site would result in vibration levels below 0.3 in/sec PPV at offsite buildings surrounding the site.

Pile driving activities occurring at the proposed building would be 1,195 feet from the nearest office building and 3,045 feet from the nearest residential building. At these distances, the upper range (i.e., worst-case vibration levels) for impact pile driving would be below 0.02 in/sec PPV.

The upper range of vibratory pile driving would be at or below 0.01 in/sec PPV. Drilling activities at the proposed building would be below 0.01 in/sec PPV. The nearest airport storage hanger would be 150 feet from the nearest pile driving activities. At this distance, impact pile driving would generate vibration levels up to 0.16 in/sec PPV, while vibratory pile driving and drilling would generate vibration levels at or below 0.1 in/sec PPV.

All onsite vibration levels would be below the 0.3 in/sec PPV threshold at the surrounding offsite buildings. This would be a less-than-significant impact.

Summary
Operational noise generated by the proposed project would not exceed City noise standards at surrounding noise-sensitive uses or result in a permanent noise level increase exceeding 3 dBA Ldn at noise-sensitive receptors. Temporary construction noise and vibration would not generate excessive levels at the surrounding receptors.

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ORDINANCE NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA

AN ORDINANCE ADOPTING THE PLANNED DEVELOPMENT AMENDMENT (PD) 25-002
On April 24, 2025, the City received an application from Hines Inc., on behalf of Pacific Fusion (“Applicant”) for Planned Development Amendment (PD) 25-002, Subdivision (SUB) 25-001, Site Plan Design Review (SPDR) 25-005, and Conditional Use Permit (CUP) 25-002 to develop an approximately 14-acre portion of a parcel identified by Assessor's Parcel Number (APN) 904-3-1-4, known as SMP 39, located on the south side of West Jack London Boulevard adjacent to the existing Oaks Business Park and approximately 800 feet west of the Discovery Drive/West Jack London Boulevard intersection. The applicant would build a light industrial, research and development and advanced manufacturing facility that would test and demonstrate commercially viable clean energy through fusion power, known as Pacific Fusion (“Project”). The project also includes amendments to the Planned Development zoning to increase allowable height and remove the 20% cap on Warehouse and Distribution Facilities.

On August 12, 2025, the Planning Commission held a duly noticed public hearing to consider the Project and staff recommendations, all public comments and testimony, and findings.

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

Section 1. Recommendation. The Planning Commission held a duly noticed public hearing on August 12, 2025, to consider Planned Development Amendment 25- 002 and unanimously recommended that the City Council approve the Planned Development in Planning Commission Resolution No. 28-25, attached hereto as Exhibit A.

Section 2. Environmental. The City Council considered the environmental review and (a) found the project exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code section 21080.69 as amended by SB 131 by Resolution No. _____ and (b) determined that no subsequent action under CEQA Guidelines Sections 15162 or 15164 is required and certified the August 2025 Addendum to the SMP 39/SMP 40 Final Environmental Impact Report by Resolution No. _____.

Section 3. Consistency. The ordinance is consistent with the Livermore General Plan, any applicable specific plan, and the Livermore Development Code and will serve the public necessity, convenience and welfare for the reasons set forth in the in the agenda materials associated wherewith and the City Council adopts such reasons as its own.
880
ORDINANCE NO. ________
Section 4. Findings and Adoption. The City Council of the City of Livermore has reviewed and considered the 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 considered the findings made in Planning Commission Resolution No.28-25, attached hereto as Exhibit A, and hereby adopts the same findings by this reference and incorporates them as part of this Ordinance. Based upon the City Council’s own independent review of the Record Evidence and considerations, the City Council hereby approves Planned Development Amendment (PD) 25-001 as shown in the attached Exhibit B, for the Pacific Fusion Project.

Section 5. Zoning Standards. The zoning standards for this district shall be those set forth in the Planned Development Amendment 25-002 Standards, attached hereto as Exhibit B.

Section 6. Publication and Effective Date. This ordinance or a comprehensive summary thereof shall be published once in a newspaper of general circulation of the City of Livermore within fifteen (15) days after its adoption and shall take effect and be in force thirty (30) days from and after its adoption. Notwithstanding the foregoing, staff is hereby directed not to proceed with a second reading or adoption of this ordinance if Pacific Fusion opts not to locate in Livermore.

Section 7. Filing. The Planning Manager is directed to file a Notice of Exemption and Notice of Determination with the Alameda County Clerk.

Section 8. Documents. The documents that constitute the record of proceedings upon which this decision is based can be found in the City Clerk’s Office, 1052 S. Livermore Avenue, Livermore, California.

Section 9. Severability. If any part of this ordinance is declared unconstitutional or invalid by a court, such unconstitutionality or invalidity shall not affect any remaining parts. The City Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional or invalid.

The foregoing ordinance was introduced at the meeting of the City Council of the City of Livermore held on September 8, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
881
ORDINANCE NO. ________
The ordinance was adopted at the regular meeting of the City Council held on __________, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
__________________________

MAYOR, CITY OF LIVERMORE
ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Christine Crowl
Deborah L. Elam Christine Crowl
City Clerk Special Counsel
Exhibit A – Planning Commission Resolution No. 28-25
Exhibit B – Planned Development – Industrial 22-001 Zoning Standards, as amended by PD 25-002
882

EXHIBIT A
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EXHIBIT A
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1 SMP 39 and SMP 40 are located with the Airport Influence Area and the Livermore Airport Protection Area. Per the Alameda County Airport Land Use Compatibility Plan, the majority of SMP 39 is located in Safety Zone 6, with a portion of the site located in Safey Zone 3. The principal permitted land uses are intended to be located in buildings that are only within the portion of SMP 39 that is located in Safety Zone 6.

PLANNED DEVELOPMENT

STANDARDS
SMP 39 & SMP 40
Planned Development — Industrial (PD-I) 22-001
Reviewed by Planning Commission: March 5, 2024
Approved by City Council: March 25, 2024
Amended by City Council: September 8, 2024, with PD25-002 Purpose: The purpose of establishing this Planned Development-Industrial (PD-I 22-001) District (District) is to regulate the development of ± 51.9 acres of land located on Jack London Boulevard, west of Oaks Business Park and south of Livermore Municipal Airport (commonly referred to as “SMP 39”) and ± 41 acres of land located south of Oaks Business Park, at the south end of Atlantis Street and Challenger Street (commonly referred to as “SMP 40”), as shown in the attached figure (Figure 1). The intent of this District is to accomplish the following:

1. PD-I 22-001 is intended to provide an environment exclusively for and conducive to the development and protection of modern professional and administrative facilities, research institutions, manufacturing operations, experimental and testing laboratory and related uses, any similar employment generating high-end industrial users, all of a non-nuisance type.

2. The District is intended to provide for an aesthetically attractive working environment with park- and/or campus-like grounds, attractive buildings, employee parking, and other amenities appropriate to a mix of office and industrial uses.

3. The District is intended to establish development standards and regulations consistent with the intent of the Low Intensity Industrial General Plan designation.

4. Any land use that utilizes hazardous materials shall be subject to the regulations of Section 6.02.040, Hazardous Materials, of the Livermore Development Code, as it exists now or is amended in the future.

5. Development shall be in conformance with the requirements of the Livermore Development Code as it exists now or is amended in the future, except as modified by the following regulations.

6. Development is subject to the Citywide Design Standards and Guidelines as they exist now or may be amended in the future unless otherwise modified by the following regulations.

A. Principal Permitted Uses:

The following are the principal permitted uses for SMP 391 and SMP 40:

1. Research and development facilities

2. Professional and administrative offices

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2 Per the Centers for Disease Control and Prevention, Biosafety Level 2 laboratories involve work that poses moderate hazards to laboratory workers and the environment. Biosafety Level 2 laboratories require safety protocols to contain microbes and biological agents
3 Per the Centers for Disease Control and Prevention, laboratories designated Biosafety Level 3 involve work that poses a safety hazard greater than Biosafety Level 2 laboratories, defined above. Biosafety Level 3 laboratories require additional safety protocols beyond those required for Biosafety Level 2 laboratories to contain microbes and biological agents

3. Experimental and testing laboratories

4. Manufacture of electric and electronic circuits, instruments, and devices

5. Manufacture of pharmaceutical products or life science facility, not exceeding Biosafety Level 22

6. Medical diagnostic and manufacturing facilities

7. Manufacturing and assembly of motor vehicle parts, including but not limited to dashboards, parts, component systems, electrical connectors, sensors, panels, airbags, seats, tires, windows etc. for all vehicles and similar equipment (e.g. automobiles, motorcycle, construction equipment, farm equipment, buses).

8. Similar uses as determined by the Community Development Director to be of the same general character as the listed uses.

Additional Permitted Uses for SMP 39 only:

1. Restaurants, except fast food
Additional Permitted Uses for SMP 40 only:

1. Warehousing and distribution facilities, dry or refrigerated

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

3. Manufacturing, assembly, processing, storage, or packaging of products from previously prepared materials such as, but not limited to, cloth, plastic, paper, leather, and precious or semi-precious metals or stones, but not including the following:

A. Operations such as saw and planing mills, any manufacturing uses involving primary production of wood, metal, or chemical products from raw materials, and similar uses B. Vehicle dismantling yards, scrap and waste yards
C. Manufacturing, processing, storing, or packaging chemicals, petroleum, heavy agricultural products or other hazardous materials.

4. Sale of heavy equipment and construction related vehicles and equipment, including associated repair, service, and parts distribution facilities. Showrooms related to this use may be a conditionally permitted ancillary use.

5. Similar uses as determined by the Community Development Director to be of the same general character as the listed uses.

B. Conditional Uses for SMP 39 and 40:

1. Public and quasi-public uses.

2. Manufacture of pharmaceutical products or life science facility, not exceeding Biosafety Level 33

3. Similar uses as determined by the Planning Commission to be of the same general character as the listed uses.

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893
Conditional Uses for SMP 39only:

1. Fast-food businesses, banks, personal services, or goods required for the convenience and support of occupants of uses in the surrounding district(s).

2. Warehouse and distribution facilities, including E-commerce/Third Party Logistics (3PL) uses.

3. Sale of heavy equipment and construction related vehicles and equipment, including associated repair, service, and parts distribution facilities, provided they are manufactured and/or sold on-site. Showrooms related to this use may be a conditionally permitted ancillary use.

4. Similar uses as determined by the Planning Commission to be of the same general character as the listed uses.

C. Accessory Uses Permitted on SMP 39 and 40:

1. Signs subject to the requirements established by the Livermore Development Code, as well as the Citywide Design Standards and Guidelines, as it exists now or is amended in the future.

2. Accessory uses and buildings customarily appurtenant to a permitted use.

3. Living quarters determined by the Community Development Director to be necessary for surveillance purposes.

4. Fuel stations subject to the requirements of Section 6.03.160, Vehicle Services, of the Livermore Development Code, as it exists now or is amended in the future.

D. Special Development Requirements for SMP 39 and 40:

1. Uses shall be designed and integrated into the site in a manner that maintains and is complementary to the corporate and professional character of the nearby Oaks Business Park.

2. Outdoor service and storage yards shall be screened from public view consistent with Livermore Development Code Section 6.03.100, Outdoor Storage, as it exists today or is amended in the future.

3. For SMP 40 only: Commercial/Industrial buildings shall be located a distance of at least 500 feet from Isabel Avenue.

E. Site Development Regulations for SMP 39 and 40:

The following minimum requirements shall be observed, except where increased for conditional uses:

1. Lot Area: Twenty thousand square feet

2. Lot Width: One hundred feet

3. Setbacks: Setback requirements are established below. Buildings shall not be permitted within required setbacks.

A. SMP 39

EXHIBIT B
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1) Front or Street Side: 40-feet on West Jack London Boulevard, and 30-feet on frontage roads and interior streets, except as required by subsection E.4. All required setbacks adjacent to streets shall be landscaped, except for driveways, sidewalks, and trails that are found to be necessary for the efficient use of the property. Where a building front is visible from the street, a minimum five-foot wide landscaped strip abutting the foundation shall be included, allowing for necessary entrances.
2) Rear and Side: None.

B. SMP 40
1) Front or Street Side: 500-feet from Isabel Avenue, and 30-feet on frontage roads and interior streets, except as required by subsection E.4. All required setbacks adjacent to streets shall be landscaped, except for driveways and sidewalks that are found to be necessary for the efficient use of the property. Where a building front is visible from the street, a minimum five- foot wide landscaped strip abutting the foundation shall be included, allowing for necessary entrances 2) Rear and Side: None, except for a 20-foot setback from the top of the Arroyo Mocho bank on SMP 40 which should be determined from a 2.5:1 slope projection from the toe of channel/mining pit to the top, as required in the Environmental Impact Report for the project.

4. Height Regulations: The height of all on-site structures, including roof-top mechanical equipment, is limited to 45 feet, provided, however, that upon providing a minimum 40- foot setback from street rights- of-way, a Conditional Use Permit may be granted to increase height to a maximum of 110 feet, or the height permitted under FAA regulations – Part 77, whichever is more restrictive to accommodate interior building clearance requirements, specialized equipment, or other design features that supports research and development and/or experimental lab uses consistent with the intent and purpose of this district. The height of pole-and building-mounted lights may be approved up to 28 feet by an administrative site plan and design review, if found necessary for the health and safety of a site designed for truck or other large vehicle maneuvering and documented by a light study to not cause glare off- site.

5. Lot Coverage: The building coverage maximum shall be 45 percent.

F. Signs

1. Industrial Uses. Signs for industrial uses shall be subject to the sign regulations contained in Livermore Development Code section 4.06.230 (sign standards for I- 1, I-2 and I-3) and the Citywide Design Standards Guidelines as it exists now or is amended in the future.

2. Commercial Uses. Signs for commercial uses shall be subject to the sign regulations contained in Livermore Development Code section 4.06.170 (sign standards for CNB) and the Citywide Design Standards Guidelines as it exists now or is amended in the future.

G. Other Required Standards for SMP 39 and 40:

1. Noise. No use shall be permitted which creates an ambient noise level greater than 75 decibels (dBA) beyond the boundaries of the site, nor greater than 60 decibels at the

EXHIBIT B
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boundary of a Residential District.

A. On SMP 39, semi-truck access to the site (arrivals and departures) shall be limited to 96 trips between the hours of 10:00 PM and 7:00 AM.

B. On SMP 40, semi-truck access to the site (arrivals and departures) shall be limited to 40 trips between the hours of 10:00 PM and 7:00 AM
C. Between the hours of 10:00 PM and 7:00 AM single-event noise levels (e.g., backup alarm, truck brakes, etc.) shall not exceed 55 dBA, measured at the property line of the nearest residential use.

2. Air Pollution. All uses shall comply with regulations of the San Francisco Bay Area Air Pollution Control District.

3. Vibration, Heat, Glare, Electrical Disturbance. No use shall be permitted which creates noise, odors, vibrations, heat, glare, or electrical disturbances beyond the boundaries of the site. Lighting used to illuminate buildings, structures, uses, or parking and loading areas shall not be directed toward any public right-of-way.

4. Fire, Explosion. All uses shall provide adequate safety devices and adequate firefighting and fire suppression equipment to protect against fire, explosion, and other hazards.

5. Solid and Liquid Wastes. No solid or liquid waste discharges, other than permitted discharges into a public sewage disposal system, shall be permitted. The chemical composition and volume of industrial effluent discharged shall be subject to the wastewater permit requirements established by LMC Title 13, Division II. (Ord. 442 §

14.80).

EXHIBIT B
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1 RESOLUTION NO. ________

IN THE CITY COUNCIL OF THE CITY OF LIVERMORE, CALIFORNIA A RESOLUTION APPROVING SUBDIVISION (SUB) 25-001, SITE PLAN DESIGN REVIEW (SPDR) 25-005, CONDITIONAL USE PERMIT (CUP) 25-002, FOR THE

PACIFIC FUSION PROJECT
On April 24, 2025, the City received an application from Hines Inc., on behalf of Pacific Fusion (“Applicant”) for Planned Development Amendment (PD) 25-002, Subdivision (SUB) 25-001, Site Plan Design Review (SPDR) 25-005, and Conditional Use Permit (CUP) 25-002 to develop an approximately 14-acre portion of a parcel identified by Assessor's Parcel Number (APN) 904-3-1-4, known as SMP 39, located on the south side of West Jack London Boulevard adjacent to the existing Oaks Business Park and approximately 800 feet west of the Discovery Drive/West Jack London Boulevard intersection. The applicant would build a light industrial, research and development and advanced manufacturing facility that would test and demonstrate commercially viable clean energy through fusion power, known as Pacific Fusion (“Project”). The project also includes amendments to the Planned Development zoning to increase allowable height and remove the 20% cap on Warehouse and Distribution Facilities.

On August 12, 2025, the Planning Commission held a duly noticed public hearing to consider the Project and staff recommendation, heard public testimony, made the necessary findings and adopted Planning Commission Resolution No. 28-25, attached hereto as Exhibit A, containing the Planning Commission’s actions and/or recommendations thereon.

On September 8, 2025, 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.

BE IT FURTHER RESOLVED that the City Council of the City of Livermore has considered the Record Evidence and adopted resolutions finding that the project is exempt from the California Environmental Quality Act and adopting an Addendum to the SMP 39/40 Environmental Impact Report.

BE IT FURTHER RESOLVED that the City Council of the City of Livermore has considered the findings made in Planning Commission Resolution No. 28-25, 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 897
2 RESOLUTION NO. ________
upon the City Council’s own independent review of the Record Evidence and considerations, the City Council hereby approves Subdivision (SUB) 25-001, Site Plan Design Review (SPDR) 25-005, Conditional Use Permit (CUP) 25-002 subject to the Conditions of Approval, attached hereto as Exhibit B, for the Pacific Fusion Project. This approval is contingent upon the adoption of the Ordinance approving Planned Development Amendment (PD) 25-002. Council’s approval becomes effective upon the adoption of Ordinance _____ approving Planned Development Amendment (PD) 25-002.

BE IT FURTHER RESOLVED that the City Council of the City of Livermore directs the Planning Manager to file a Notice of Exemption and Notice of Determination 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 September 8, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST: APPROVED AS TO FORM:
_____________________________ /s/ Christine Crowl
Deborah L. Elam Christine Crowl
City Clerk Special Counsel
Exhibit A – Planning Commission Resolution No. 28-25
Exhibit B – Conditions of Approval
898

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1 CONDITIONS OF APPROVAL
Pacific Fusion Project
Subdivision (SUB) 25-001 - Tentative Tract Map Amendment 8656, Site Plan Design Review (SPDR) 25-005, Conditional Use Permit (CUP) 25-002, To authorize development of a new, approximately 225,500 square-foot light industrial building and research and development facility on an approximately 14-acre vacant parcel south of West Jack London Boulevard. The project would include site improvements such as driveway access from West Jack London Boulevard, on-site landscaping and a surface parking lot. The facility would test and demonstrate commercially viable clean energy through fusion power. The project proposes modifications to allowable building heights for portions of the facility to accommodate specialized testing equipment. The project would also include public improvements such as the widening of Jack London Boulevard, with median, landscape, lighting, and curb, gutter, and Class I Trail along the project frontage, and new signalized access into the site.

Location: Approximately 14-acre portion of a parcel on the south side of West Jack London Boulevard adjacent to the existing Oaks Business Park and approximately 800 feet west of the Discovery Drive/West Jack London Boulevard intersection.

APN: 904-3-1-4
Recommended for Approval by Planning Commission: August 12, 2025 Approved by City Council: September 8, 2025
A. PROJECT AUTHORIZATION

1. This 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 the conformance of the land use and the Development Code requirements. Use of the property shall be limited to those allowed by the Planned Development (PD) 25-002 zoning and in substantial conformance with submitted development plans as conditioned herein. Use of the property shall be limited to those uses permitted and with a use permit, conditionally permitted, by the applicable Planned Development zoning as it exists now or may be amended in the future and the Development Code in effect on the effective date of Development Agreement (DA)21-001.

3. Vesting Tentative Tract Map Amendment 8656 and associated entitlements shall expire unless a Final Map is filed by September 8, 2027, or as long as specified in DA 21-001, as may be amended, or a request for extension is received and approved by the City.

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2 B. GENERAL CONDITIONS OF APPROVAL

1. Development shall substantially conform to the plans designated by the City as Approved Final Plans. Approved Final 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 below in the Project Specific Conditions or required by the City in the approval process.

2. The Developer shall pay the processing and development impact fees applicable City-wide that are in effect at the time the fees are paid. Payment for said fees shall be made prior to issuance of any building permits.

3. The Community Development Director 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, Tentative Tract Map Amendment and Conditional Use Permit 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. PROJECT SPECIFIC CONDITIONS

1. The applicant shall respond in writing to all conditions contained in this document and its attachments. Responses shall describe how the condition has been met and shall, where applicable, direct the plan checker to the page and/or drawing detail that demonstrates compliance with the condition. A copy of these responses shall be provided with each set of improvement and revised plans.

2. The Conditional Use Permit approval of 110’ in height shall only be applicable to project with Pacific Fusion Inc. (or an entity formed or controlled by Pacific Fusion Inc.) as the initial tenant of the new building. Pacific Fusion tests and demonstrates commercially viable clean energy through fusion power.

Prior to approval of a Final Map, the applicant shall demonstrate conformance to the following conditions to the satisfaction of the Planning Division:

EXHIBIT B
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3 3. The development of this project shall conform to the standards of the PD 25-002 zone and all applicable sections of the Livermore Development Code in effect on the effective date of the Development Agreement.

4. The applicant shall comply with all applicable Mitigation Measures applicable to SMP 39 as required by the SMP 39/40 Environmental Impact Report Mitigation Monitoring and Reporting Program, attached hereto as Attachment 1 as determined by the Community Development Director.

5. The applicant shall obtain all necessary Regional, State, and Federal regulatory permits.

6. 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 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.

7. Consistent with the PD 25-002 zoning, no use shall be permitted which creates an ambient noise level greater than 75 decibels (dBA) beyond the boundaries of the site, nor greater than 60 decibels at the boundary of a Residential District.

8. Consistent with the PD 25-002 zoning, on SMP 39, semi-truck access to the site (arrivals and departures) shall be limited to 96 trips between the hours of 10:00 PM and 7:00 AM.

9. Consistent with the PD 25-002 zoning, between the hours of 10:00 PM and 7:00 AM single-event noise levels (e.g., backup alarm, truck brakes, etc.) shall not exceed 55 dBA, measured at the property line of the nearest residential use.

10. The plans shall show how exterior backflow preventers are screened from public view with landscape or by other appropriate means, as approved by the Community Development Department Director.

11. The plans shall include a photometric plan to verify adequate site lighting and shielding without adverse impact on surrounding streets, properties, and the Airport. The plan shall include a height detail of the proposed pole lights. The pole lights shall not exceed 18 feet in height.

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4 Prior to Building Permit issuance, the applicant shall demonstrate conformance to the following conditions to the satisfaction of the Planning Division:

12. All rooftop mechanical equipment shall be designed to be fully screened from public view by roof parapet or architecturally integrated roof screen. Construction drawings shall include section drawings and roof plans demonstrating conformance with this requirement. To the extent practical, all ground-mounted mechanical equipment shall be located on roof areas. Ground mounted equipment to remain shall be fully screened from public view, as approved by the Community Development Department Director.

13. During project construction, the applicant shall implement the Bay Area Air District (BAAD) Basic Construction Mitigation Measures, listed in the BAAD CEQA Guidelines, whether or not construction-related emissions exceed applicable Thresholds of Significance.

14. During project construction, the applicant shall include implementation of BAAD’s enhanced best management practices to control fugitive dust emissions.

15. Require that construction and structure demolition/modification activities be conducted outside of bird nesting season (February 1 to August 31) to the extent feasible. Construction activities may be permitted to occur within bird nesting season if a qualified biologist conducts a pre-construction survey, as described in the SMP 39/40 Environmental Impact Report Mitigation Monitoring and Reporting Program, attached hereto as Attachment 1.

16. The project applicant shall be required to comply with the Transportation Demand Management (TDM) Program for SMP 39 and SMP 40 as approved in September 2024, attached hereto as Attachment 2. The applicant may refine the 2024 TDM Plan to more specifically address the SMP 39 site, so long as the measures included provide for at least an equivalent level of VMT reduction.

17. All trees adjacent to public infrastructure shall use control features like root barriers and engineered soils to prevent infrastructure damage, as approved by the Community Development Department Director.

18. The applicant shall satisfy the Public Art requirement pursuant to the Livermore Municipal Code (LMC Chapter 12.51). Public Art shall be approved by Arts Commission prior to Building Permit Issuance and installed prior to certificate of occupancy.

19. 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.

20. All newly constructed buildings shall be all-electric buildings consistent with Chapter

15.26.280 of the Livermore Municipal Code in effect on the effective date of the

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5 Development Agreement.

D. ENGINEERING DIVISION – DEVELOPMENT

1. Development shall conform to the Engineering Considerations, dated July 24, 2025, attached hereto as Attachment 4.

E. BUILDING DIVISION

1. At the time of building permit submittal, the project shall comply with the current version of the California Building Code.

2. At the time of building permit submittal, a complete soils evaluation/report is required.

3. Prior to building permit issuance, please revise the plans to include an accessible path and entry door for the proposed trash enclosure.

4. Prior to building permit submittal, please note on the plans all new equipment that will need to be certified on site by a third-party listing agency, as the project will likely include new custom equipment that will need to be certified on site by a listing agency. The equipment submittal package can be a deferred submittal.

5. Prior to building permit issuance, ensure the construction type listed on structural or architectural plans is consistent with the requirements of the California Building Code in effect at the time of building permit submission. The construction type listed on the plans submitted for entitlement does not appear to meet Building Code requirements and may need to be revised.

F. LIVERMORE MUNICIPAL AIRPORT

1. Prior to building permit issuance, please demonstrate that all exterior lights are downturned and shrouded.
a. Prior to Final Map approval, an avigation easement shall be placed on the Project Site protecting right of flight and the airspace. The avigation easement shall:
i. Identify the potential hazard associated with the proposed project and its location within protected airspace;
ii. Identify the airport owner’s right to clear or maintain the airspace from potential hazards;
iii. Identify the right to mark potential obstructions and notify aviators of such hazards; and
iv. Provide the right to pass within the identified airspace.

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6 b. A separate overflight easement is not required for properties for which an avigation easement is required.
c. An example of an avigation easement is provided in Attachment 3, Livermore Municipal Airport Land Use Compatibility Plan – Appendix E, Sample Implementation Documents.

2. Prior to building permit issuance, the applicant must submit the development building heights to the FAA OEAAA System under form 7460-1 for an airspace evaluation and any construction crane operation. The applicant must adhere to any FAA response or change. This process may take up to 45 days.

3. Prior to building permit issuance, please demonstrate on the plans the maximum height of the building, including any appurtenances, does not exceed FAA Part 77 surfaces. Please include an exhibit showing the Part 77 surface and the building height in comparison.

4. Prior to building permit issuance, please demonstrate on the plans, to the maximum allowable under the city code, how the building is sound insulated in the interior, due to the building's proximity to the airport flight pattern.

5. Prior to building permit issuance, the applicant must provide a dust control plan demonstrating measures to prevent dust plumes from impacting navigable airspace.

6. Prior to building permit issuance, the applicant must file a FAA OEAAA Form 7460-1 Notice of Proposed Construction and note any and all crane operations in the area and advise airport staff of crane operations duration. Cranes should have an orange and white checkered flag placed at their highest point and additionally a red obstruction light for any crane exceeding 100 ft in height that will be present at night.

G. FIRE DEPARTMENT
The Fire Prevention Bureau reviews building/civil drawings for conceptual on-site fire mains and fire hydrant locations only. Plan check comments and approval DO NOT include: 1.) Installation of the on-site fire mains and fire hydrants. Specific installation drawings submitted by the licensed underground fire protection contractor shall be submitted to the Fire Prevention Bureau for approval; and 2.) Backflow prevention or connections to the public water mains.

1. Trees within the Fire Arial Apparatus Access Route shall be limited to and maintained at 20 ft maximum in height.

2. Prior to recordation of Final Map, Applicant shall provide details on Subdivision Improvement Plans demonstrating unobstructed access to Fire Arial Apparatus Access Routes.

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7 3. Prior to issuance of building permit, the applicant shall prepare an exhibit demonstrating secondary containment systems in compliance with the CA Fire Code section 5703.4.

4. Prior to issuance of building permit, the applicant shall prepare a memo from a certified Fire/Hazardous Materials specialist explaining how the new facility will comply with all applicable health and safety codes and standards.

5. Prior to issuance of a certificate of occupancy, the applicant shall obtain all necessary state licenses and materials.

6. Prior to issuance of building permit, the applicant shall prepare a Spill Prevention Control and Countermeasure (SPCC) plan in accordance with U.S. Code of Federal Regulations, Title 40, Part 112 (40CFR112).

7. FIRE HAZARDS: The project developer shall keep the site free of fire hazards from the start of lumber construction until the final inspection.

8. FIRE CODE: All construction shall conform to the requirements of the 2022 Livermore Fire Code and local ordinances in effect on the effective date of the Development Agreement. All required permits shall be obtained prior to work commencement.

9. SITE SAFETY: Site safety during construction shall be in accordance with Fire Code chapter 33.

10. 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.

11. EMERGENCY RESPONDER RADIO: Emergency responder radio coverage shall be provided in accordance with section 510 of the Fire Code.

12. 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.

13. 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.

14. 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.

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8 15. 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.

16. HAZARDOUS MATERIALS DECLARATION: A Hazardous Materials Declaration shall be provided for this tenant and/or use. The form shall be signed by the owner/manager of company occupying the suite/space/building. No building permit shall be issued until the Hazardous Materials Declaration is provided. The form is available from the Livermore-Pleasanton Fire Department, Fire Prevention Bureau.

17. 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.

18. 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.

19. 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.

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

EXHIBIT B
915
9 20. 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.

21. 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.

22. PREMISES IDENTIFICATION: Address numbers shall be installed on the front or primary entrance for all buildings. Minimum building address character size shall be 12-inch high by 1-inch stroke. In all cases address numerals shall be of contrasting background and clearly visible in accordance with the LivermorePleasanton Fire Department Premises Identification Standards. This may warrant field verification and adjustments based upon topography, landscaping or other obstructions.

23. COMMERCIAL – 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, including areas where construction is occurring. If Public Works Improvements are part of the project to access the site, an emergency vehicle access plan shall be submitted for review and approval to the Fire Department. b. If permanent access or site paving is not provided, the carrying capacity of the emergency vehicle access shall be 70,000 pounds under all weather conditions.
c. Site staging area(s) shall be provided for materials and equipment. All staging areas shall be outside of the emergency vehicle access route shown on the approved plans.
d. Where on-site fire hydrant(s) are required, they shall be installed, flushed and all valves open prior to any construction above the foundation or slab.

This includes concrete tilt-up and masonry buildings.

EXHIBIT B
916
10 e. On-site fire hydrant(s) shall not be obstructed and shall be sufficiently above grade to have all hydrant valves and outlets accessible for emergency use.
f. Where a project is phased as part of the development, specific access, water supply and fire hydrant installations will be required as part of each phase. As needed a phasing plan with these improvements will be required.
g. Where on-site grading/utility plans are submitted for review and approval prior to building construction drawings, emergency vehicle access routes, fire hydrant locations, material staging areas, etc. shall be provided.

24. FINAL INSPECTION: Prior to request for final inspection, all access roads, onsite access and fire hydrants shall be provided. All fire hydrants shall be accepted, inspected and tested to applicable City Standards.

H. WATER RESOURCES

1. Prior to Final Map approval, please provide an estimate of how much potable water the project will require and if it will be used in any industrial processes.

2. At the time of Final Map submittal, the project must follow all applicable federal, state, and local regulations.

3. Prior to Improvement Plan approval, applicant shall demonstrate the project’s use of recycled water for irrigation purposes, as approved by the City Engineer.

All onsite irrigation shall use recycled water.

4. Prior to Improvement Plan Approval, applicant shall demonstrate the use of backflow prevention devices for all potable water services, as approved by the Water Resources Division Manager.

5. Prior to Improvement Plan Approval, applicant shall demonstrate the use and ongoing maintenance of trash capture devices for the site's parking lot area I. POLICE DEPARTMENT

1. The project shall be required to conform to the provisions of the security section of the Livermore Municipal Code.

Attachments:

1. SMP 39/SMP 40 Environmental Impact Report Mitigation Monitoring and Reporting Program

2. SMP 39/40 Transportation Demand Management (TDM) Program

EXHIBIT B
917
11 3. Livermore Municipal Airport Land Use Compatibility Plan – Appendix E, Sample Implementation Documents

4. Engineering Considerations dated July 24, 2025

EXHIBIT B
918
Impact
Number

4.2-1
IL
SMP 39/SMP 40 Project
March 2024

MITIGATION MONITORING AND REPORTING PROGRAM
SMP 39/SMP 40 Project
ImDact
Conflict with or obstruct
implementation of the
applicable air quality plan
during project
construction.

Mitiaation Measure
Monitoring
Aaencv

4.2 Air Quality and Greenhouse Gas Emissions

4.2-1(a) Prior to approval of any Improvement Plans, City of the project applicant shall provide proof of Livermore
compliance with the following to the Community
satisfaction of the City of Livermore Development
Community Development Department: Department
The project applicant shall show on
the plans via notation that the
contractor shall ensure that the heavyduty off-road vehicles (50 horsepower or more) to be used in the construction
of all project components (i.e.,
construction of SMP 39, SMP 40, and
the chosen off-site trail connection
option), including owned, leased, and
subcontractor vehicles, shall be a
combination of engine Tier 3 or Tier 4
off-road construction equipment, or
hybrid, electric, or alternatively fueled
equipment (or any combination of the
above), sufficient to achieve a fleetwide average reduction in construction-related ROG and NOX
emissions to below the applicable
BAAQMD thresholds of significance
(54 lbs/day). For instance, the
emissions presented in Table 4.2-8
were achieved by requiring all
equipment used during construction to
be engine Tier 4 final.

Implementation
Schedule Sian-off
Prior to approval of
any Improvement
Plans
Mitigation Monitoring and Reporting Program