Livingston City Council
July 18, 2023

Programming and Allocation
• New regional projects starting with those to be programmed in 2021 shall be programmed by project phase.
• Projects in excess of one million dollars in total project cost will require a completed Project Study Report to be considered for programming.
o Road maintenance and rehabilitation projects are exempt. • If a project requires Right-of-Way acquisition the project must have submitted proof of CEQA clearance, and NEPA clearance for all federalized projects, prior to programming that phase or Construction.
• Right-of-Way acquisition will not be programmed until Environmental and Design have been completed.
• Construction will not be programmed until Environmental, Design, and Right-of-Way acquisition have been completed.
• Prior to programming for Construction, the project must have proof of full Right-of-Way acquisition and complete utility and/or railroad agreements. o Projects over one million dollars must submit a construction financing strategy. • Should a planned project become infeasible or unfundable due to unforeseen circumstances, funding may be applied to another project in the same jurisdiction with approval of the Regional Projects Committee and the Governing Board.

Advance and Reserve Funds
• Advance Funds
o East Side and West Side Advance Funds may be created by the Governing Board to use a Regional Project Share's unprogrammed funds and/or a set-aside to provide up-front funding to an implementing agency for a Regional Project. Up-front funding for a project shall be limited to a 90-day revolving window of operating cash and not exceed 20% of the total. All expenditure reporting requirements will still apply. • Contingency Reserve
o Up to 5% of the annual Measure V Regional Projects revenue for each share may be saved in respective reserve funds -the East side and West side Regional Projects reserve funds.
o Additionally, revenue from generated interest and from project cost savings that are returned to the respective share will be placed in the contingency reserve. o The reserve fund may be used for providing funding capacity in years with lower than projected revenue or for project cost overruns, at the discretion of the Governing Board.
• Project Development Reserve
o 5% of annual Measure V revenue may be saved in a Project Development reserve fund. This fund is for the purpose of funding larger projects to complete their Project Study Report.

Measure V Regional Project Policies - 4

Regional Projects: Leverage Sources
For purposes of Measure V Regional Projects, 'leverage' is the use of non-local, non-regional State and Federal funding. Funding that is decided by the cities and county in Merced County or by Merced County Association of Governments is not considered 'leverage' for Measure V Regional Projects. Funds that are not considered 'leverage' may be considered "match".

The following funding sources will be
considered 'leverage':
• Active Transportation Program (ATP)
• Safe Routes to School (SRTS)
• Traffic Congestion Relief Program (TCRP)
• Local Partnership Program, Competitive
• Transit and Intercity Rail Capital Program
(TIRCP)
• State Highway Operation and Protection
Program (SHOPP)
• Highway Bridge Program (HBP)
• Fixing America's Surface Transportation
( FAST) Act Grants
• Highway Safety Improvement Program
(HSIP)
• Infrastructure for Rebuilding America
(INFRA) Grants
• Better Utilizing Investments to Leverage
Development (BUILD) Grants
• Federal Transit Administration Grants
• Railway-Highway Crossings Program
• Federal Railroad Administration Grants
• Airport Improvement Program (AIP) Grants
The following funding sources will NOT be
considered 'leverage':
• Regional Measure V
• Local Transportation Fund (LTF)
• Local Partnership Program, Formulaic
• Regional Surface Transportation Program
(RSTP)
• Congestion Mitigation and Air Quality
(CMAQ)
• State/Regional Transportation
Improvement Program (STIP/RTIP) decided
by MCAG. STIP funds dedcided by Caltrans
or the State or other entities are leverage.
• State Transit Assistance (STA)
• Highway Infrastructure Program (HIP)
• Local Funding
• Road Maintenance and Rehabilitation Act
(SB-1) Local Streets and Roads
• Local Measure V
• Gas Taxes
• Impact Fees
Measure V Regional Project Policies - 5

Excerpt from Measure V Expenditure Plan, pages 6-7

1. Regional Projects - 44 % of total
If $450 million is collected over 30 years, then $198 million will be available for Regional Projects - $121.5 million on the Eastside and $76.5 million on the Westside.

Forty-four percent (44%) of the funds will be allocated to this category. • 27% of the total is for an Eastside share, to be spent on projects east of the San Joaquin River.
• 17% of the total is for a Westside share, to be spent on projects west of the San Joaquin River.

The dividing line between Eastside and Westside shares is the San Joaquin River. Two committees will be created to recommend projects:
• The Eastside Regional Projects Committee will consist of one council person from each City that includes area east of the San Joaquin River and each County Supervisor whose district includes area east of the River. • The Westside Regional Projects Committee will consist of one council person from each City that includes area west of the San Joaquin River and each County Supervisor whose district includes area west of the River.

As the Local Transportation Authority overseeing the funds, the Governing Board of Merced County Association of Governments has the authority to approve recommendations made by the Regional Projects Committees. Notwithstanding the foregoing, the MCAG Governing Board shall not approve a project that has not been recommended by a Regional Projects Committee.

Regional Projects must be listed in the applicable Regional Transportation Plan, which is updated every four years and can be amended as needed. These projects provide for the movement of goods, services, and people throughout Merced County. Projects on the State Highway system or the Regional Road System or the Regional Transportation System defined by MCAG are Regional Projects. Projects located in or directly benefitting more than one jurisdiction are Regional Projects.

Examples of Regional Projects include but are not limited to:
• Improving highway and freeways
• Adding lanes to projects on the Regional Road System
• Improvements on -the Regional Transportation System
• Passenger Rail
• Bus Rapid Transit
• Regional bikeways and trails
• Improvements to Regional Airports
• Transportation Demand Management benefitting more than one jurisdiction, such as vanpools and ridesharing.

Funds can be used for all phases of project development and implementation. In some cases, other sources of funding will also be used for these projects, for example State Transportation Improvement Program {STIP) funds.

Measure V Regional Project Policies - 6

tCMeasureV
East Side Regional - Revenue Estimates for 2023 Implementation Plan Update Revenue Actual 17/18 • 22/23 17/18 .&.#/ .&.U 18/19 19120 - 20/21 -,-- --,-- 21122 ...... 22/23 , ..... Total Measure V Revenue $20,666,382 $19,860,159 $19,934,147 $23, 822,070 $26,791,239 $26,600,000 Totill Me.isure V R~enue less 10% (FY 23/24--17/28}
EHt Stde Regional Projects Fund (Z"' of total) $5,579,923 $5,362,243 $5,382,220 $6,431,959 $7,233,635 $7,182,000 Interest Earn<!d (Actuals./ Estimates) $187,940 $232,844 $121,109 $11&,9n $320,000 Contingency Reserve Allocations (5" of octuofs) $361,682 $359,100 [AJ Totlll Aval~ble fvr Pn,crammlns
Jurisdiction Project 17/18 -·,-- 18/19 --,-- 19/20 .. -1-- --,-- 20/21 21/22 -4.1--- .... 22/23 , .. JI Atwater Bellevue Road S200.ooo
Livingston Hammatt & C..mpbell Intersection $500,000 $500,000 Livingston Transit Center Merced Hwy 59 Slack Ra sca l 8rKl,:e Widening $66,161 $683,839 $500,000 Merced Hwy 59 Widening, Philse 1 $158,389 $591,611 $500,000 Ml!'rced Mt55ion Ave Widening $150,000 County Atwilte:r-Merced Expressway, Phasl!' 1B $970, 143 $2,967,555 $1,900,000 County Bradbury Rd Rehabiltbition $8,316 $897,856
County Sandy Mulh Rd RehabUitaUon $30,210 $2,278,409
U,"'-n Hwy 99 Winton Parkway On-ff.Imp WkSen $626,434
Atwater Winton W.-y Reconstruction, PhilSH 1 & 2 $1,000,000 $1,660,000 (8) Total Pro1rammed $0 $1,664,961 $4,816,265 $1,194,692 $5,093,005 $1,400,000 (C) =IA-Bl BaJance bvFY $5,579,923 $3,835,222 $778,799 $5,358,376 $1,895,920 $3,742,900 Cumulative Unprogrammed ~lance $5,579,923 $~,465,145 $10,243,944 $15,602,320 $17,498,240 $21!241,140 Continpncy Rtsart11 Runninc Balance $361,682 $720,782
... 23/24 .,, ......
$26,415,261
$2l,n3,73S
$6,418,908
$489,000 $320,945
$6,586,963
23/24 --,-··
$500,000
$1,000,000
$5,650,000
$7,150,000
($563,037)
$20,678.,_103
$1,041.727
Proposed Programming Period
24/25 25/26 26/27
$26,961,933 $24,265,740
$6,551,750
$141,819 $327,S87
$6,36S$981
-~,-- 24/25
$1,900,000
$14 ,170,000
$16,070,000
($9, 704,019)
$10,97~084
$1,369,315
$27,694,224 $24,924,102
$6,729,696
$102,464 $336,48S
$6,495,676
25/26 -o11-v
$4,284,580 $4,250,000
$8,514,580
($2,038,904)
$8,935,180
$1, 705,799
$28,496,S73 $25,646,916
$6,924,667
$194,412 $346,233
$6,772,845
---, 26/27 .. ,
so
$6,7TI,34S
$152_~~.025
$2,052.033
... 27/28 ,, ......
$29,325,052 $26,392,547
$7,125,988
$289,90S $356,299
$7,05 9, 594
27/28 .. -
$0
$7,059,594
$22,767,619
$2,408,332
Total ·-·-·
$276,567,040 $125,003,739
$70,922,989
$2,196,465 $2,408,332
Total ·-·-·
$200,000
$1,000,000 $1,900,000
• $6,034,580
$6,500,000
$150,000
$25,657,697
$906,172
$2,308,619
$626,434
$2,660,000
$47,943,503
Total
$22,767 .!.619

5.15.23 1025 Programming Cycle
28/29 29/30 Total
$30,058.llB $30,809,633 $337,434,851
$17,052.360 $27,728,669 $179,784, 769
$7,304,137 $7,486,741 $85, 713,867
$389.040 $491,529 SJ,077,034
$365,207 $374,337 $3,147,875
$ 7,321,910 $7,603,933
28/29 __ ,, __ 29/30 __ ,, __ Total ._ ..... ,
$200,000
$1,000,000
$1,900,000
$6,034,580
$6,500,000
$150,000
$25,657,697
S906,172
$2,,308,619
S626, 434
$1, 660,000
$0 $0 $47,943,503
Toto/
$7,327,9"!0 $7,603,933 $37,699,522
$30,095.,589 $37,699,,522
$2,773,539 $3,147,876
~
_roposcd pro1ramming period
next procramminc cycle
do~ out projects (Ktuab)

AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

STAFF REPORT
Resolution Authorizing the Interim City Manager to File the Annual Local Regional Surface Transportation Program (RSTP) Exchange Program Fund Claim to be filed with the Merced County Association of Governments (MCAG) for Fiscal Year 2022-2023.

July 18, 2023
Happy Bains, Sr. Accountant
Christopher Lopez, Interim City Manager
RECOMMENDATION:

Staff recommends that the Council adopt Resolution No. 2023-_, a Resolution of the City Council of Livingston Authorizing the Interim City Manager to file the standard Local Regional Surface Transportation Program (RSTP) Exchange Program claim to be filed with the Merced County Association of Governments for Fiscal Year 2022-2023 on behalf of the City of Livingston.

BACKGROUND:

Caltrans Headquarters annually releases an ESTIMATE RSTP Exchange apportionment figure to California Metropolitan Planning Organization (MPOs) The Merced County Association of Governments is the designed MPO for Merced County.

Each year, Merced County Association of Governments (MCAG) staff processes the necessary paperwork through the California Department of Transportation (Caltrans) to exchange RSTP funds allocated to Merced County. The City of Livingston has ESTIMATED RSTP funds apportionment amount available to claim in the amount of $199,165 for the Fiscal Year 2022/2023. The Resolution and claim form are before you and are necessary to finalize the City's request for its share of the funds.

DISCUSSION:

The City shall submit a claim form and authorized resolution to MCAG in order to claim the funds for Fiscal Year 2022-2023. The City plans to use the funds for the 2022 Slurry Seal Project:
- 5th and 6th Between Park St
- All of Park St from Main St to Hammatt Ave
- 7th St from G St to Peach Ave
- Joseph St. from Park St to Peach Ave
- 8th St from Park St to Peach Ave
- 9th St from Virginia Ave to Hammatt Ave
Peach Ave from 7th to Hammatt Ave
- Virginia from 7th St to 8th St
- G St from 7th St to 8th St

FISCAL IMPACT:

Submittal of the RSTP Claim ensures compliance with MCAG guidelines to be eligible for RSTP funds. RSTP funds are included in the fiscal year 2023-2024 revenue projections.

ATTACHMENTS:

1. Resolution No. 2023-

2. Claim Form
Page2of2

RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON AUTHORIZING

THE CITY MANAGER TO FILE A REGIONAL SURFACE TRANSPORTATION PROGRAM (RSTP) EXCHANGE PROGRAM FUND CLAIM FORM FOR FISCAL YEAR 2022/2023 WHEREAS, the Merced County Association of Governments (MCAG) and the California Department of Transportation (Caltrans) have entered into a Standard Agreement contract to exchange unobligated balances of federal Regional Surface Transportation Program (RSTP) funds with non-federal State Highway Account funds; and WHEREAS, Caltrans Division of Programming releases a 5-year ESTIMATE of RSTP Exchange Program apportionments for inclusion in the Federal Transportation Improvement Program (FTIP) Programming document every 2-years to California Metropolitan Planning Organizations (MPOs);
WHEREAS, MCAG is the designated MPO for Merced County;
WHEREAS, the Annual RSTP Exchange Program fund apportionment is an estimate and subject to change during the fiscal year (FY) due to many Federal Surface Transportation Bill variables including the annual appropriations act as well as other Congressional action (i.e. rescissions);
WHEREAS, a FINAL RSTP Exchange apportionment amount is published at the end of the FY 22/23 and can be different than the ESTIMATE RSTP Exchange apportionment figure; WHEREAS, Annually, Caltrans sends MCAG a Standard Agreement contract that includes an RSTP Exchange Program apportionment figure;
WHEREAS, MCAG applies a RSTP population based distribution formula using current Department of Finance (DOF) population estimates (May 2023) to the RSTP apportionment to determine the amount of RSTP Exchange funds to be distribution to MCAG member jurisdictions;
WHEREAS, the City of Livingston has an ESTIMATE RSTP Exchange Program fund apportionment amount available to claim in FY 22/23 is $199,165.00; WHEREAS, payment of the ESTIMATE RSTP Exchange fund claim will be subject to all conditions specified in the fully executed standard contract agreement between MCAG and Caltrans, as well as the MCAG RSTP Exchange Claim form requirements: Projects to be funded with this claim are only those projects that are defined under Sections 133(b) and 133(c) of Title 23, United States Code and Article XIX of the California State Constitution, implemented in accordance with the requirements of Section 182.6(d)(1) of the Streets and Highways Code.

WHEREAS, if the FINAL RSTP Exchange apportionment figure is higher for FY 22/23 than the ESTIMATE RSTP Exchange apportionment figure, Caltrans would have to revise the RSTP Exchange Standard Agreement contract with the higher RSTP figure before MCAG could instruct the Merced County Auditor Controller's Officer to distribute a greater amount of RSTP Exchange Program funds to member agencies, than identified in this resolution;

WHEREAS, if the FINAL RSTP Exchange apportionment figure is lower for FY 22/23 than the ESTIMATE RSTP Exchange apportionment amount, Caltrans does not have to revise the RSTP Exchange contract with the lower amount before MCAG could recalculate the available RSTP Exchange Program funds using the same population-based formula and then instruct the Merced County Auditor Controller's Officer to distribute the lower FY 22/23 FINAL RSTP Exchange Program fund amount to member agencies;
WHEREAS, the City of Livingston has established special gas tax street improvement fund as a requirement to receive the RSTP Exchange Program funds; and WHEREAS, it is deemed in the best interest of the City of Livingston that the City Manager is authorized to sign the FY 22/23 RSTP Exchange Program fund claim form and to submit said claim form to MCAG for processing.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF LIVINSTON that the City Manager of Livingston is authorized and directed to sign and file the above described FY 22/23 RSTP Exchange Program fund claim on behalf of the City of Livingston in the amount of $199,165.00.

Passed and adopted this 13th day of July, 2023, by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Jose A. Moran, Mayor
of the City of Livingston
I, hereby certify that the foregoing Resolution was regularly introduced, passed and adopted at a Regular Meeting of the City Council of the City of Livingston this 13th day of July, 2023.

Monica Cisneros, Deputy City Clerk
of the City of Livingston

MERCED COUNTY

ASSOCIATION OF

GOVERNMENTS
Claim to the Merced County Association of Governments
PH: 209.723.3153
FAX: 209.723.0322
www.mcaqov.org
369 W, 181h Street
Merced, Ca. 93540
for Regional Surface Transportation Program (RSTP) Funds in Exchange for State Highway Account Funds FY 2022/2023
Claimant:

FY 22/23 Claim Amount:

Claim Guidelines:

City of Livingston
$199,165.00
Projects outlined in the table below to be funded with this claim are only those projects that are defined under Sections 133(b) and 133(c) of Title 23, United States Code and Article XIX of the California State Constitution, implemented in accordance with the requirements of Section 182.6(d)(l) of the Streets and Highways Code.

Claim Instructions:

1. List (print or type) each INDIVIDUAL project to be funded with this claim.

2. List the amount of funds to be used for each project.

3. If the project is not a capacity expanding project and is exempt from the air quality conformance analysis check the "Exempt" box. (181)

4. If the project is a capacity expanding project and the "build" alternative of the air quality conformance analysis has been completed for the project as required check the "Air Quality" box. (181)
Project Cost of Air Exempt
Project Quality

1. 2022 Slurry Seal Project $199,165 □ □ - 5th and 6th Between Park St - All of Park St from Main St to Hammatt Ave
- 7th St from G St to Peach Ave
- Joseph St. from Park St to Peach Ave
- gth St from Park St to Peach Ave
- 9th St from Virginia Ave to Hammatt Ave
- Peach Ave from 7th to Hammatt Ave
- Virginia from 7th St to 8th St
- G St from 7th St to 8th St

2. $ □ □
Page
Partnering for Regional Solutions
129
It is understood by this claimant (City of Livingston) that payment of this claim is subject to approval by the MCAG Governing Board and must be in accordance with the MCAG and Caltrans Agreement. Said monies (and the interest earned on such monies subsequent to allocation) will be used only for those purposes for which the claim is approved.

The undersigned claimant, by accepting these funds agrees to establish a special account for the purpose of depositing funds received from MCAG pursuant to this agreement:
a. For cities, within their Special Gas Tax Street Improvement Fund; or b. For the county, within their County Road Fund
The undersigned claimant, by accepting these funds, agrees to grant the State of California auditors access to their books and records for the purpose of verifying that funds paid hereunder are properly accounted for and proceeds are expended in accordance with the terms of this agreement. All documents will be available for inspection by authorized Caltrans agents at any time during the project development and for a four-year period from the date of completion of the project, or one year after the audit is completed or waived by Caltrans, whichever is later.

If the undersigned claimant fails to use funds received hereunder in accordance with the terms of the agreement, the claimant agrees to return the exchange funds to MCAG for credit to the special account described above.

Further, the Chief Financial Officer of the claimant certifies that the financial information contained herein, is reasonable and accurate to the best of his/her knowledge.

Authorized Representative:

Signature
Print Name
Title
Date
Signature of Chief Financial Officer
Print Name

AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

STAFF REPORT
Resolution Adopting City of Livingston Master Employee Salary Schedule
July 18, 2023
Arcelia Cruz, Human Resources Coordinator
Christopher Lopez, Interim City Manager
RECOMMENDATION:

Staff recommends that the City Council adopt Resolution No. 2023-_, establishing a City of Livingston Master Employee Salary Schedule adjusting the rates/ranges for five City of Livingston established positions.

BACKGROUND:

The City Council approves all salary schedules which include classification titles and pay rates/ranges at the time a Memorandum of Understanding (MOU) for each bargaining unit is approved; when updates to the Employment and Benefit Policies for Unrepresented Employees are approved; or when specific wage and classification title adjustments are needed. Also, in order to confirm that the California Public Employees' Retirement System (CalPERS) will appropriately consider City of Livingston employee compensation earnable when calculating retirement benefits, the City of Livingston's Salary Schedule is required to be formally adopted by the City Council in a public meeting.

While processing the required 7/01/2023 COLA increases as stated in each of the of the MOU bargaining unit groups it was discovered that for the highlighted classifications they did not accurately represent the correct three percent (3%) COLA increase.

The City of Livingston's Salary Schedule has been revised for the five positions to be aligned with the required 7/1/2023 three percent (3%) COLA increase as stated in each of the MOU bargaining groups. Additionally, this will conform to the five percent (5%) separation between each of the pay steps.

DISCUSSION:

Resolution No. 2023-_, has been prepared to implement the revised Master Salary Schedule to afford the correct calculation for all calcifications.

FISCAL IMPACT:

There is no fiscal impact associated with the adoption of the City of Livingston Master Employee Salary Schedule as they were incorporated on the city's fiscal year 2023/2024 budget.

ATTACHMENTS:

1. Resolution No. 2023-_

2. City of Livingston Master Employee Salary Schedule REVISED EXHIBIT "A"

RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON

ADOPTING CITY OF LIVINGSTON MASTER EMPLOYEE SALARY

SCHEDULE
WHEREAS, the City Council approves and adopts the Master Salary Schedule and /or directs the City Manager to prepare and /or update said schedule to reflect City Council direction; and WHEREAS, for the five highlighted classifications that didn't afford the required three percent (3%) COLA increases as stated in each of the of the MOU bargaining unit groups with an effective date of 7/1/2023
WHEREAS, the City of Livingston's Master Salary Schedule has been revised for five positions to be aligned with the required 7/1/2023 three percent (3%) COLA increases as stated in each of the MOU bargaining groups. Proposed Master Salary Schedule increases applicable classifications to reflect the required three percent (3%) increase.

NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Livingston hereby adopt City of Livingston Employee Master Salary Schedule, EXHIBIT "A" attached hereto and made a part herein.

Passed and adopted this 18th day of July 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Jose A. Moran, Mayor
of the City of Livingston
I, hereby certify, that the foregoing resolution was regularly introduced, passed and adopted at a regular meeting of the City Council of the City of Livingston this 18th day of July 2023.

Monica Cisneros, Deputy City Clerk
of the City of Livingston
Page I of I

EXHIBIT "A"
CLASSIFICATION Bargaining Group Type A B C D E F
Hourly 17.55 18.43 19.35 20.31 21.33 22.40
Monthly 3,041.67 3,193.75 3,353.44 3,521.11 3,697.17 3,882.03 Annually 36,500.05 38,325.06 40,241.31 42,253.38 44,366.04 46,584.35 Hourly 28.24 29.65 31.13 32.69 34.32
Monthly 4,894.71 5,139.44 5,396.41 5,666.23 5,949.55
Annually 58,736.48 61,673.30 64,756.97 67,994.82 71,394.56 Hourly 32.53 34.15 35.86 37.65 39.54
Monthly 5,637.94 5,919.84 6,215.83 6,526.62 6,852.95
Annually 67,655.27 71,038.03 74,589.93 78,319.43 82,235.40 Hourly 32.69 34.32 36.04 37.84 39.73
Monthly 5,665.75 5,949.04 6,246.49 6,558.81 6,886.75
Annually 67,988.99 71,388.44 74,957.86 78,705.75 82,641.04 Hourly 20.85 21.90 22.99 24.14 25.35 26.61
Monthly 3,614.47 3,795.19 3,984.95 4,184.20 4,393.41 4,613.08 Annually 43,373.61 45,542.29 47,819.41 50,210.38 52,720.90 55,356.94 Hourly 24.78 26.02 27.32 28.69 30.12 31.63
Monthly 4,295.42 4,510.19 4,735.70 4,972.49 5,221.11 5,482.17 Annually 51,545.07 54,122.32 56,828.44 59,669.86 62,653.35 65,786.02 Hourly 24.78 26.02 27.32 28.69 30.12 31.63
Monthly 4,295.42 4,510.19 4,735.70 4,972.49 5,221.11 5,482.17 Annually 51,545.07 54,122.32 56,828.44 59,669.86 62,653.35 65,786.02 Hourly 21.37 22.44 23.57 24.74 25.98 27.28
Monthly 3,704.97 3,890.22 4,084.73 4,288.96 4,503.41 4,728.58 Annually 44,459.61 46,682.59 49,016.72 51,467.55 54,040.93 56,742.98 Hourly 30.16 31.67 33.25 34.91 36.66
Monthly 5,227.25 5,488.61 5,763.04 6,051.20 6,353.76
Annually 62,727.01 65,863.36 69,156.53 72,614.35 76,245.07 Hourly 24.05 25.25 26.52 27.84 29.23
Monthly 4,168.75 4,377.19 4,596.05 4,825.85 5,067.15
Annually 50,025.04 52,526.29 55,152.61 57,910.24 60,805.75 Hourly 20.56 21.59 22.67 23.81 25.00
Monthly 3,564.48 3,742.70 3,929.83 4,126.33 4,332.64
Annually 42,773.71 44,912.39 47,158.01 49,515.91 51,991.71 Hourly 64.53 67.76 71.15 74.71 78.44
Monthly 11,185.89 11,745.18 12,332.44 12,949.06 13,596.51 Annually 134,230.63 140,942.16 147,989.27 155,388.73 163,158.17 Hourly
Monthly 100.00
Annually
Hourly
Monthly 300.00
Annually
Hourly 72.30 76.10 80.11 84.32 88.76
Monthly 12,531.18 13,190.71 13,884.96 14,615.75 15,385.00 Annually 150,374.14 158,288.57 166,619.55 175,389.00 184,620.00 Hourly
Monthly 60.00
Annually
Hourly 24.91 26.16 27.46 28.84 30.28
Monthly 4,317.76 4,533.65 4,760.33 4,998.35 5,248.26
Annually 51,813.12 54,403.78 57,123.96 59,980.16 62,979.17 Hourly 52.39 55.01 57.76 60.65 63.68
Monthly 9,081.33 9,535.39 10,012.16 10,512.77 11,038.41 Annually 108,975.92 114,424.71 120,145.95 126,153.24 132,460.91 Hourly 26.00 27.30 28.66 30.09 31.60
Monthly 4,505.94 4,731.24 4,967.80 5,216.19 5,477.00
Annually 54,071.30 56,774.87 59,613.61 62,594.29 65,724.00 Hourly 19.57 20.55 21.58 22.66 23.79
Monthly 3,392.92 3,562.56 3,740.69 3,927.73 4,124.11
Annually 40,715.01 42,750.76 44,888.30 47,132.71 49,489.35 Hourly 15.97 16.76 17.60 18.48 19.41
Monthly 2,767.27 2,905.63 3,050.91 3,203.46 3,363.63
Annually 33,207.20 34,867.56 36,610.94 38,441.48 40,363.56 Hourly 18.26 19.18 20.13 21.14 22.20
Monthly 3,165.41 3,323.68 3,489.86 3,664.35 3,847.57
Annually 37,984.89 39,884.13 41,878.34 43,972.26 46,170.87 Hourly 18.35 19.27 20.23 21.25 22.31
Monthly 3,181.30 3,340.37 3,507.39 3,682.76 3,866.89
Annually 38,175.64 40,084.42 42,088.64 44,193.08 46,402.73 Hourly 50.76 53.30 55.96 58.76 61.70
Monthly 8,797.95 9,237.85 9,699.75 10,184.73 10,693.97
Annually 105,575.46 110,854.23 116,396.94 122,216.79 128,327.63 Hourly 26.99 28.34 29.76 31.25 32.81
Monthly 4,679.06 4,913.01 5,158.66 5,416.59 5,687.42
Annually 56,148.68 58,956.12 61,903.92 64,999.12 68,249.08 Hourly 28.96 30.40 31.92 33.52 35.20
Monthly 5,018.92 5,269.87 5,533.36 5,810.03 6,100.53
Annually 60,227.07 63,238.42 66,400.34 69,720.36 73,206.38 Hourly 57.42 60.29 63.31 66.47 69.79
Monthly 9,952.72 10,450.36 10,972.88 11,521.52 12,097.60 Annually 119,432.66 125,404.29 131,674.50 138,258.23 145,171.14 Hourly 31.94 33.53 35.21 36.97 38.82
Monthly 5,535.75 5,812.54 6,103.17 6,408.33 6,728.74
Annually 66,429.06 69,750.51 73,238.04 76,899.94 80,744.94 Hourly 25.18 26.44 27.76 29.15 30.61
Monthly 4,364.91 4,583.16 4,812.32 5,052.93 5,305.58
Annually 52,378.95 54,997.90 57,747.79 60,635.18 63,666.94 Hourly 25.31 26.57 27.90 29.30 30.76
Monthly 4,386.79 4,606.13 4,836.44 5,078.26 5,332.18
Annually 52,641.53 55,273.61 58,037.29 60,939.15 63,986.11 Hourly 25.18 26.44 27.76 29.15 30.61
Monthly 4,364.91 4,583.16 4,812.32 5,052.93 5,305.58
Annually 52,378.95 54,997.90 57,747.79 60,635.18 63,666.94 Hourly 25.31 26.57 27.90 29.30 30.76
Monthly 4,386.79 4,606.13 4,836.44 5,078.26 5,332.18
Annually 52,641.53 55,273.61 58,037.29 60,939.15 63,986.11 Hourly 24.14 25.35 26.61 27.94 29.34
Lead Parks/landscape Worker AFSCME/Public Works
Lead Parks/landscape Worker AFSCME/Public Works
Maintenance Mechanic AFSCME/Public Works
Human Resources Coordinator Mgmt./Confidential
Lead Maintenance Worker AFSCME/Public Works
Lead Maintenance Worker AFSCME/Public Works
Executive Assistant to the City Manager Mgmt./Confidential Executive Assistant /Deputy City Clerk Mgmt./Confidential Finance Director/Assistant City Manager Unrepresented
Custodian II AFSCME/Public Works
Custodian II AFSCME/Public Works
Director of Public Works Unrepresented
Communications/Records Manager Mgmt./Confidential
Community Service Officer Unrepresented
Custodian I AFSCME/Public Works
Code Compliance Officer LPOA
Community Development Director Mgmt./Confidential
City Council Elected
City Manager Unrepresented
City Treasurer Elected
City Clerk Elected
Administrative Services Manager Mgmt./Confidential
Assistant Planner Unrepresented
Building Official Unrepresented
Administrative Assistant Clerical
Accountant II Mgmt./Confidential
Accountant II Mgmt./Confidential
Accounting Technician Clerical
Chief of Police Unrepresented

MASTER SALARY SCHEDULE
Effective July 1, 2023
Account Clerk Clerical
Accountant I Mgmt./Confidential
Administrative Analyst Clerical
Administrative Analyst PW Clerical
-I I I ■

Monthly 4,184.05 4,393.25 4,612.92 4,843.56 5,085.74
Annually 50,208.62 52,719.05 55,355.00 58,122.75 61,028.89 Hourly 19.33 20.30 21.32 22.38 23.50
Monthly 3,351.39 3,518.96 3,694.91 3,879.66 4,073.64
Annually 40,216.72 42,227.56 44,338.94 46,555.89 48,883.68 Hourly 22.27 23.39 24.56 25.78 27.07
Monthly 3,860.75 4,053.79 4,256.47 4,469.30 4,692.76
Annually 46,328.98 48,645.43 51,077.70 53,631.58 56,313.16 Hourly 22.39 23.51 24.68 25.92 27.21
Monthly 3,880.32 4,074.33 4,278.05 4,491.95 4,716.55
Annually 46,563.82 48,892.01 51,336.61 53,903.44 56,598.61 Hourly 15.97 16.76 17.60 18.48 19.41 20.38
Monthly 2,767.27 2,905.63 3,050.91 3,203.46 3,363.63 3,531.81 Annually 33,207.20 34,867.56 36,610.94 38,441.48 40,363.56 42,381.74 Hourly 59.87 62.86 66.01 69.31 72.77
Monthly 10,377.63 10,896.51 11,441.34 12,013.40 12,614.07 Annually 124,531.54 130,758.12 137,296.02 144,160.82 151,368.86 Hourly 36.58 38.41 40.33 42.34 44.46
Monthly 6,340.32 6,657.34 6,990.20 7,339.71 7,706.70
Annually 76,083.86 79,888.05 83,882.46 88,076.58 92,480.41 Hourly 34.75 36.48 38.31 40.22 42.23
Monthly 6,022.48 6,323.61 6,639.79 6,971.78 7,320.37
Annually 72,269.79 75,883.28 79,677.45 83,661.32 87,844.39 Hourly 36.50 38.33 40.24 42.26 44.37
Monthly 6,327.14 6,643.49 6,975.67 7,324.45 7,690.67
Annually 75,925.62 79,721.90 83,708.00 87,893.40 92,288.07 Hourly 20.24 21.25 22.31 23.43 24.60
Monthly 3,507.98 3,683.38 3,867.55 4,060.93 4,263.97
Annually 42,095.78 44,200.57 46,410.60 48,731.12 51,167.68 Hourly 18.08 18.98 19.93 20.93 21.98
Monthly 3,133.89 3,290.58 3,455.11 3,627.87 3,809.26
Annually 37,606.64 39,486.97 41,461.32 43,534.38 45,711.10 Hourly 27.22 28.58 30.01 31.51 33.09
Monthly 4,718.75 4,954.69 5,202.42 5,462.54 5,735.67
Annually 56,625.00 59,456.25 62,429.07 65,550.52 68,828.05 Hourly 28.60 30.03 31.53 33.11 34.76
Monthly 4,957.32 5,205.19 5,465.45 5,738.72 6,025.65
Annually 59,487.84 62,462.23 65,585.34 68,864.61 72,307.84 Hourly 17.91 18.80 19.74 20.73 21.76
Monthly 3,103.65 3,258.83 3,421.77 3,592.86 3,772.50
Annually 37,243.74 39,105.93 41,061.23 43,114.29 45,270.00 Hourly 15.97 16.76 17.60 18.48 19.41
Monthly 2,767.27 2,905.63 3,050.91 3,203.46 3,363.63
Annually 33,207.20 34,867.56 36,610.94 38,441.48 40,363.56 Hourly 44.65 46.89 49.23 51.69 54.28
Monthly 7,739.79 8,126.77 8,533.11 8,959.77 9,407.76
Annually 92,877.42 97,521.30 102,397.36 107,517.23 112,893.09 Hourly 46.91 49.25 51.72 54.30 57.02
Monthly 8,130.98 8,537.53 8,964.41 9,412.63 9,883.26
Annually 97,571.78 102,450.37 107,572.89 112,951.53 118,599.11 Hourly 20.24 21.25 22.31 23.43 24.60
Monthly 3,507.98 3,683.38 3,867.55 4,060.93 4,263.97
Annually 42,095.78 44,200.57 46,410.60 48,731.12 51,167.68 Hourly 25.36 26.63 27.96 29.36 30.83
Monthly 4,396.04 4,615.84 4,846.63 5,088.97 5,343.41
Annually 52,752.49 55,390.11 58,159.62 61,067.60 64,120.98 Hourly 28.24 29.65 31.14 32.69 34.33
Monthly 4,895.42 5,140.19 5,397.20 5,667.06 5,950.41
Annually 58,745.00 61,682.25 64,766.37 68,004.68 71,404.92 Hourly 30.31 31.83 33.42 35.09 36.84
Monthly 5,253.83 5,516.52 5,792.35 6,081.97 6,386.06
Annually 63,045.98 66,198.28 69,508.19 72,983.60 76,632.78 Hourly 29.57 31.05 32.60 34.23 35.94
Monthly 5,124.89 5,381.13 5,650.19 5,932.70 6,229.34
Annually 61,498.68 64,573.61 67,802.29 71,192.40 74,752.02 Hourly 16.06 16.87 17.71 18.60 19.52 20.50
Monthly 2,784.27 2,923.48 3,069.66 3,223.14 3,384.30 3,553.51 Annually 33,411.22 35,081.78 36,835.87 38,677.66 40,611.55 42,642.13 Hourly 17.54 18.42 19.34 20.31 21.32 22.39
Monthly 3,040.57 3,192.60 3,352.23 3,519.84 3,695.83 3,880.62 Annually 36,486.81 38,311.15 40,226.71 42,238.04 44,349.95 46,567.44 Hourly 24.35 25.57 26.85 28.19 29.60
Monthly 4,221.45 4,432.52 4,654.15 4,886.86 5,131.20
Annually 50,657.40 53,190.27 55,849.79 58,642.28 61,574.39 Hourly 20.35 21.37 22.44 23.56 24.74 25.97
Monthly 3,527.28 3,703.64 3,888.83 4,083.27 4,287.43 4,501.80 Annually 42,327.35 44,443.72 46,665.90 48,999.20 51,449.16 54,021.61 Hourly 45.18 47.44 49.81 52.30 54.92
Monthly 7,831.36 8,222.92 8,634.07 9,065.77 9,519.06
Annually 93,976.27 98,675.08 103,608.84 108,789.28 114,228.74 Hourly 27.36 28.73 30.16 31.67 33.26 34.92
Monthly 4,742.40 4,979.52 5,228.50 5,489.92 5,764.42 6,052.64 Annually 56,908.83 59,754.27 62,741.98 65,879.08 69,173.04 72,631.69 Hourly 28.86 30.30 31.81 33.40 35.08 36.83
Monthly 5,001.76 5,251.85 5,514.44 5,790.16 6,079.67 6,383.66 Annually 60,021.13 63,022.19 66,173.30 69,481.97 72,956.06 76,603.87 Hourly 15.97 16.76 17.60 18.48 19.41 20.38
Monthly 2,767.27 2,905.63 3,050.91 3,203.46 3,363.63 3,531.81 Annually 33,207.20 34,867.56 36,610.94 38,441.48 40,363.56 42,381.74 Hourly 34.57 36.29 38.11 40.01 42.02
Monthly 5,991.42 6,290.99 6,605.54 6,935.82 7,282.61
Annually 71,897.07 75,491.92 79,266.51 83,229.84 87,391.33 Hourly 20.80 21.84 22.94 24.08 25.29
Monthly 3,606.00 3,786.30 3,975.61 4,174.39 4,383.11
Annually 43,271.99 45,435.59 47,707.37 50,092.74 52,597.37 Hourly 21.86 22.96 24.10 25.31 26.57
Monthly 3,789.58 3,979.06 4,178.01 4,386.91 4,606.25
Annually 45,474.93 47,748.67 50,136.11 52,642.91 55,275.06 Hourly 24.14 25.35 26.61 27.94 29.34
Monthly 4,184.05 4,393.25 4,612.92 4,843.56 5,085.74
Annually 50,208.62 52,719.05 55,355.00 58,122.75 61,028.89 Hourly 29.35 30.81 32.35 33.97 35.67
Water/Wastewaster Operator I AFSCME/Public Works
Street Sweeper Operator AFSCME/Public Works
Utility Worker I AFSCME/Public Works
Utility Worker II AFSCME/Public Works
Senior Administrative Analyst/Comm. Devlop. Clerical
Senior Office Assistant Clerical
Senior Planner Mgmt./Confidential
Senior Account Clerk Clerical
Senior Accountant Mgmt./Confidential
Senior Administrative Analyst Clerical
Recreation Coordinator Clerical
Recreation Specialist Clerical
Recreation Superintendent Mgmt./Confidential
Public Works Street Supervisor Mgmt./Confidential
Public Works Superintendant Mgmt./Confidential
Public Works Supervisor Water Division Mgmt./Confidential Police Sergeant w/Degree Supervisory
Public Services Officer LPOA
Public Works Lead AFSCME/Public Works
Police Public Assistant LPOA
Police Records Assistant LPOA
Police Sergeant Supervisory
Police Office Assistant II LPOA
Police Officer LPOA
Police Officer w/Degree LPOA
Police Corporal LPOA
Police Corporal w/Degree LPOA
Police Dispatcher LPOA
Office Assistant I Clerical
Police Lieutenant Supervisory
Police Commander Supervisory
Maintenance Worker I AFSCME/Public Works
Maintenance Worker II AFSCME/Public Works
Maintenance Worker II AFSCME/Public Works
Maintenance Mechanic AFSCME/Public Works

Monthly 5,086.64 5,340.98 5,608.03 5,888.43 6,182.85
Annually 61,039.73 64,091.72 67,296.30 70,661.12 74,194.17 Hourly 33.27 34.94 36.68 38.52 40.44
Monthly 5,767.41 6,055.78 6,358.57 6,676.50 7,010.33
Annually 69,208.96 72,669.41 76,302.88 80,118.02 84,123.92 Hourly 37.26 39.12 41.08 43.13 45.29
Monthly 6,458.02 6,780.92 7,119.96 7,475.96 7,849.76
Annually 77,496.20 81,371.01 85,439.56 89,711.54 94,197.11 Hourly 39.37 41.34 43.41 45.58 47.86
Monthly 6,824.52 7,165.74 7,524.03 7,900.23 8,295.24
Annually 81,894.18 85,988.89 90,288.33 94,802.75 99,542.89 Transitional Phase for Water/Wastewater Operators
Hourly 24.11 25.31 26.58 27.91 29.30 30.77
Monthly 4,178.59 4,387.52 4,606.89 4,837.24 5,079.10 5,333.05 Annually 50,143.06 52,650.21 55,282.72 58,046.86 60,949.20 63,996.66 * Degree includes: AA, BA, Intermediate or Advanced Post Certificates. No compounding for multiple degrees or certificates as stated in the MOU's.

Classification of Office Assistant I, Office Assistant II, Administrative Assistant, Recreation Specialist, Recreation Coordinator, Administrative Analyst and Sr. Administrative Analyst positions are not specific to one department. Their positions can be used in any of the City's various departments and/or may be used by miltiple departments as determined by the City Manager.

Positions are filled on a full-time or part-time basis as determined by the City Manager.

STEP

CLASSIFICATION

A B C D E
Administrative Analyst 19.38 20.35 21.37 22.44 23.56
Administrative Assistant 16.72 17.55 18.43 19.35 20.32
Building Maintenance Worker 15.97 16.76 17.60 18.48 19.41 Lifeguard 15.97 16.97 17.82 18.71 19.64
Maintenance Worker I 16.36 17.17 18.03 18.93 19.88
Office Assistant I 15.97 16.76 17.60 18.48 19.41
Office Assistant II 15.97 16.76 17.60 18.48 19.41
Police Dispatcher 17.05 17.90 18.79 19.73 20.72
Police Records Assistant 15.97 16.76 17.60 18.48 19.41
Recreation Leader 15.97 16.76 17.60 18.48 19.41
Recreation Specialist 15.97 16.76 17.60 18.48 19.41
Reserve Police Officer 25.75 27.04 28.39 29.81 31.30
Sr. Administrative Analyst 21.40 22.47 23.60 24.78 26.02 Water/Wastewater Manager Mgmt./Confidential
Water/Wastewataer Operator OIT (in training) AFSCME/Public Works

PART-TIME MASTER SALARY SCHEDULE
Water/Wastewaster Operator I AFSCME/Public Works
Water/Wastewaster Operator II AFSCME/Public Works
Water/Wastewaster Operator III AFSCME/Public Works

AGENDA ITEM:

MEETING DATE:

PREPARED BY:

REVIEWED BY:

STAFF REPORT
Public Hearing - Conditional Use Permit Application No. 2023-02 and Site Plan and Design Review Application No. 2023-03 - a request to develop a 950 square foot drive-thru coffee shop and an 80-foot high freeway oriented sign on a 0.86-acre property located on the north side of Joseph Gallo Court, east of Winton Parkway.

July 18, 2023
Miguel Galvez, Contract City Planner
Christopher Lopez, Interim City Manager
RECOMMENDATION:

Adopt City Council Resolution No. 2023-_, approving Conditional Use Permit No. 2023-02 and adopt City Council Resolution No. 2023-_, approving Site Plan and Design Review Application No. 2023-03, a request to develop a 950 square foot drive-thru coffee shop and an 80-foot high freeway-oriented sign on a 0.86-acre vacant property (APN No.: 022-020-010).

BACKGROUND AND DISCUSSION:

The applicant, Dutch Brothers LLC, is requesting to develop a 950 square foot coffee shop with a drive thru, outdoor seating and an 80-foot high freeway-oriented sign on a 0.86-acre vacant property located on the north side of the end of Joseph Gallo Court, east of Winton Parkway (APN 022-020-010). The project is located in the C-3, Highway Service Commercial Zoning District and has a General Plan designation of HC, Highway Commercial.

Additionally, the proposal includes a 35-space stacking queuing area, a parking lot with 15 onsite parking spaces and the site will be served with one vehicular entrance driveway onto Joseph Gallo Court. A trash enclosure and onsite landscaping are also proposed. The 80-foot high freeway-oriented sign was proposed to be located at the northeast corner of the subject property, but final location must also be coordinated with Merced Irrigation District (MID). The coffee shop is proposed to be operated 24 hours per day, 7 days a week, with 4 employees per shift and 3 shifts per day. A site plan, a floor plan, a signage plan and a landscaping plan are proposed (see Attachment 4, Site Plan, Floor Plan and Elevations).

The Joseph Gallo Court street frontage is developed with curb, gutter and one fire hydrant. Public water and sewer service is available to the project site.

ANALYSIS:

A restaurant is a permitted use in the C-3 zoning district, only requiring a Site Plan and Design Review Application approved by the Planning Commission and City Council. A restaurant with a vehicular drive-in (drive thru) service and a freeway sign taller than 60 feet in height each requires approval of a Conditional Use Permit. The applicant is proposing an 80-foot high freeway oriented sign. The maximum square footage of the freeway oriented sign is 500 square feet per side.

Paget of6

The proposal meets the City's Zoning Development Standards with respect to setbacks, building height, lot coverage, off-street parking, and signage. The construction style, elevations, and colors are consistent with development in the area. The property owner, Joseph E Gallo, also represents the Gallo Design Review Committee, which provided its approval of the project's proposed design, including building elevations and landscaping plans.

Staff referred this proposal to various departments and agencies for comment and conditions for approval. The City Engineer responded with a memo dated May 15, 2023, with a list of recommended Conditions of Approval. The vast majority of these Engineering Conditions are standard Conditions of Approval required by City and State rules and regulations. The Engineering Conditions have been incorporated into the proposed City Council Resolutions (see Attachment 5).

MID also submitted a response letter dated May 12, 2023, which requested a condition of approval that the applicant provide MID with an easement for ingress and egress through the most convenient route within APN 022-020-010 to access the Garibaldi Pipeline along the north side of the parcel (see Attachment 6).

Pacific Gas & Electricity (PG&E) also responded with a letter dated May 12, 2023, mentioning that the proposed landscaping is within an existing 10-foot Public Utility Easement (P.U.E.), and also that the landscaping must maintain a certain minimum horizontal clearance from PG&E's existing gas distribution main within the P.U.E. (see Attachment 7).

Also required by the City, consistent with all other new development, are Conditions of Approval requiring payment of applicable development impact fees and annexation to Capital Facilities District CFD 2017-01 (Urban Services).

The Planning Commission is the approving body for the Conditional Use Permit and the recommending body for a Site Plan and Design Review with the City Council being the final approving body. Therefore, this proposal must go before both bodies.

ISSUES
Staff did not identify any design or development issues with this proposal.

GENERAL PLAN
All proposed development project should be evaluated for consistency with City's General Plan.

If a proposed development is inconsistent or contrary to the goals, policies and objectives of the General Plan, then the proposed development should be found to be inconsistent with the General Plan and not approved. If the proposed development should be found to be consistent with the General Plan, then it should be approved. The consistency determination should be documented in the consideration and approval of any proposed development project.

The 1999 Livingston General Plan included the following Commercial Land Use Objectives.

Objective A Ensure the provision of adequate commercial shopping opportunities and office space locations to meet anticipated needs.

Policy 1. Establish the following commercial land use designations:
d. Service Commercial designates land for commercial activities in which the function

is of equal or greater importance the product traded. The Highway Commercial subcategory allows Service Commercial uses, due to space requirements, the proximity to the highway, or the distinctive nature of their operation, are not compatible with or not usually located in other commercial designations.

Objective B. Provide for the compatible integration of residential and commercial uses.

Policy 6. Commercial and office site planning shall be compatible with the surrounding neighborhood, signage and landscaping.

The 1999 Livingston General Plan included the following Commercial Land Use Objectives.

Objective A. Ensure the provision of adequate commercial shopping opportunities and office space locations to meet anticipated needs.

ZONING ORDINANCE
Site Plan and Design Review - The property is zoned C-3, Highway Service Commercial and, as such, the Livingston Municipal Code requires all new construction to undergo Site Plan and Design Review consideration by the Planning Commission for a recommendation to the City Council for final consideration. The Site Plan and Design Review application allows the City to evaluate the development proposal to assure compatibility, harmony in appearance with the neighborhood, reduction of any negative impacts, and orderly development of the area.

The project, as proposed and conditioned, meets the development standards in the City's Zoning and Development Codes. The proposed development meets the height, setback and lot coverage requirements. The parking required for a restaurant is 1 parking space per employee (3 at maximum shift) and 1 space for every 50 square feet of net floor area for customer area.

According to the floor plans, there is 950 gross square feet of restaurant area and 350 square feet of customer sitting area. This calculates to a total of 7 spaces required for customers and 4 spaces for employees. As noted in the Project description above, the development provides 15 parking spaces and 35 spaces for the vehicle queuing spaces, complying with the City's parking requirements for restaurants and drive thru restaurants.

Staff is of the opinion that the design, height, materials, and development intensity is compatible with the surrounding neighborhood.

Use Permit -As discussed earlier, the City's land use matrix table in the Zoning Ordinance (LMC 5-3-15: Table 3 - Commercial Uses), restaurants with a drive-in in the C-3 zone are permitted after approval of a Conditional Use Permit.

Livingston Municipal Code Section 5-6-9 USE PERMITS, TEMPORARY AND CONDITIONAL contains the provisions for considering Use Permits.

Section 5-6-9 (F) Conditional use permits. States:
"1. Use permits that are revocable, conditional or valid for a term may be issued for any of the uses or purposes for which such permits are required or permitted by the terms of this section. Because of their unusual characteristics, conditional uses require special consideration so that they may be located and developed properly with respect to the intent and purpose of this title and to their effect on surrounding properties. Conditional use permits require a determination of findings and

conditions by the Planning Commission.

2. The Planning Commission may designate such conditions in connection with conditional and revocable use permits as it deems necessary to carry out the purpose of this title, and may require tangible guarantees or evidence that such renditions are being or will be complied with. These conditions may include, but not be limited to:
( a) Dedication of right-of-way, setback, curbs, gutters and sidewalks; (b) Improvement of vehicle access to the subject property to city standards; (c) Regulation of height, number of stories;
(d) Regulation of the placement of the use or building of the subject property; (e) Regulation of the nature, hours of operation, extent of use; (f) Regulation of lighted community sports facilities for extended hours of use; ( g) Regulation as to transferability of the use; and
(h) Regulation of landscaping for the protection of adjoining and nearby properties.

Section 5-6-9 (I) Criteria. In considering an application for conditional use permits, the following criteria shall be as follows.

1. A conditional use permit shall not be granted for the use unreasonably incompatible with permitted uses in the area considering damage and nuisance from light sources, noise, smoke, odor, dust or vibration, hazard resulting from unusual volume or character of traffic, or congestion of a large number of persons or vehicles.

2. A conditional use permit must be considered in relationship to its effect on the general plan for the area in which it is to be located. The conditional use applied for must be in conformance with the general plan land use map and policies.

3. Findings required for approval shall include:
(a) The site for the proposed use is adequate in size and shape to accommodate said use and all yards, spaces, walls and fences, parking, loading, landscaping and other features required by the applicable zoning district; (b) The site for the proposed use is served by streets and highways adequate to carry the quantity and kind of traffic generated by the proposed use; (c) Public facilities are currently adequate to serve the proposed use or improvements are included in an approved capital improvement plan or otherwise will be complete prior to the issuance of building permits; and ( d) The proposed development is consistent with the general plan. If granted, it should be made subject to those conditions necessary to preserve the general welfare, not the individual welfare, of any particular applicant." The proposed commercial development is consistent with the surrounding commercial development which is located in the C-3 zoning district.

Staff believes the Findings required for approval of the Use Permit can be met per the discussion provided below in bold print.
( a) The site for the proposed use is adequate in size and shape to accommodate said use and all yards, spaces, walls and fences, parking, loading, landscaping and other features required by the applicable zoning district;

The proposed site plan, elevations for the proposed coffee house meets all development standards in the C-3, Highway Service Commercial zoning district. (b) The site for the proposed use is served by streets and highways adequate to carry the quantity and kind of traffic generated by the proposed use; The site fronts on Joseph Gallo Court, a developed public street that was designed to carry the traffic of the proposed commercial land use. (c) Public facilities are currently adequate to serve the proposed use or improvements are included in an approved capital improvement plan or otherwise will be complete prior to the issuance of building permits; and
Public Facilities and utilities are available and adequate to serve the subject site. (d) The proposed development is consistent with the general plan. If granted, it should be made subject to those conditions necessary to preserve the general welfare, not the individual welfare, of any particular applicant."
The proposed site plan, elevation and conditions of approval will ensure that the development will conform to City development standards for development within the Highway Service Commercial zoning district and preserve the general welfare of the community.

In conclusion, the proposed design meets the development standards of the C-3 zoning district.

Given the City's strong desire for commercial development, staff is very supportive of this request· and recommended the Planning Commission to positively forward this Project to the Council.

In conclusion, the proposed design meets the development standards of the C-3 Highway Service Commercial zoning district and serves to provide additional economic vitality to the Livingston community.

PLANNING COMMISSION ACTION AND RECOMMENDATION:

The Planning Commission held a Public Hearing on June 13, 2023, to consider Conditional Use Permit Application No. 2023-02 and Site Plan and Design Review Application No. 2023-03, for a 950 square foot coffee house, with parking lot, queuing double-lane and 80-foot high freewayoriented sign on the subject site.

Commission Chair Wallis inquired about the operational hours. The applicant's agent responded that depending on market demand the facility would provide 24-hour service. If market demand is not there for 24-hour service, then the hours of service would be from 5:00 am to 10:00 pm Monday through Thursday, and 5:00 am to 11 :00 p.m. on Fridays and Saturdays. It is possible that this Dutch Brothers may not operate 24 hours, but the applicant has requested the opportunity to operate 24 hours if market demand supports it.

The Commissioners did not express any concerns or have any other questions.

The Planning Commission on a vote of 3-0, approved Planning Commission Resolution No. 2023- 07 recommending City Council approval of Conditional Use Permit Application No. 2023-02 and on a vote of 3-0, approved Planning Commission Resolution 2023-08, recommending City Council

approval of the Site Plan and Design Review Application No. 2023-03, subject to Findings and Conditions of Approval.

ENVIRONMENTAL REVIEW:

The proposed Project is eligible for a Categorical Exemption under CEQA Section 15332 In-fill Development, meeting all conditions. The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses, and the site can be served by all required utilities and public services. Moreover, this development would not have any significant effects relating to traffic, noise, air, or water quality. The project site is within a developed urban location and complies with the listed conditions to qualify for this categorical exemption.

A Notice of Exemption citing this categorical exemption is recommended, see Attachment 8, draft Notice of Exemption.

FISCAL IMPACT:

The Project would increase property taxes and assessments, resulting in increased tax revenue from sales and property taxes to local governments. Staff costs associated with processing of the Conditional Use Permit and Site Plan and Design Review applications are subject to cost reimbursement from the applicant.

RECOMMENDATION:

The proposed design meets the development standards of the C-3 zoning district. Given the City's desire for additional commercial development of vacant property and increased economic vitality, staff is very supportive of this request and recommends Council approval.

Staff and the Planning Commission recommend the City Council adopt Resolution No. 2023-_, approving Conditional Use Permit Application No. 2023-02, and also adopt Resolution No. 2023 - _, approving Site Plan and Design Review Application No. 2023-03, subject to Conditions of Approval and based on the Findings included in the staff report and the attached resolutions.

ATTACHMENTS:

1. City Council Resolution No. 2023-_., approving Conditional Use Permit 2023-02 Exhibit "A", Conditions of Approval

2. City Council Resolution No. 2023 -_.approving Site Plan and Design Review 2023-03 Exhibit "A", Conditions of Approval

3. Aerial Vicinity Map, General Plan, Zoning Map and Assessor's Plat Map

4. Site Plan, Floor Plan, and Elevations, Traffic Impact Analysis, and Project Application

5. Memorandum from Gouveia Engineering dated May 15, 2023

6. Letter from Merced Irrigation District dated May 12, 2023.

7. Letter from P.G. & E. dated May 12, 2023.

8. Draft Notice of Exemption

9. Planning Commission Resolution No. 2023-07

10. Planning Commission Resolution No. 2023-08

Attachment 1
RESOLUTION 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING CONDITIONAL USE PERMIT APPLICATION NO. 2023-02 TO DEVELOP A 950 SQUARE FOOT COFFEE HOUSE SHOP WITH A 34- SPACE DUAL QUEUING DRIVETHRU AND AN 80-FOOT HIGH FREEWAY ORIENTED SIGN ON PROPERTY LOCATED ON

THE NORTH SIDE OF JOSEPH GALLO COURT, EAST OF WINTON PARKWAY (APN No. 022-020-010)
WHEREAS, the project site is zoned C-3 (Highway Service Commercial), and has a General Plan designation of HC, Highway Commercial, according to the official Zoning Map of the City of Livingston and the 1999 Livingston General Plan; and
WHEREAS, pursuant to Livingston Municipal Code ("LMC") Section 5-3-15 - Table 3 Commercial Uses, development of a restaurant coffee house with a drive-in and an 80-foot high freeway oriented sign in the Highway Service Commercial zoning district may be permitted by the Planning Commission and City Council with the approval of a Conditional Use Permit and Site Plan and Design Review Application; and
WHEREAS, LMC Section 5-6-9 requires a Conditional Use Permit for "certain land uses that generally have a distinct impact on the area in which they are located, and/or are capable of creating special problems for bordering properties unless given special attention", and the proposed construction of a 34-space queuing drive-in (drive-thru) and an 80 foot-high freeway oriented sign in the C-3 zoned lot are deemed such a land use; and WHEREAS, Joseph E Gallo, owner of Livingston Ranches LP and Dutch Brothers Inc., applicant, have applied for a Conditional Use Permit to construct a 950 square foot coffee shop with a drive thru, outdoor seating, a 15-space parking lot and an 80-foot high freeway-oriented sign on a 0.86- acre vacant property located on the north side of the end of Joseph Gallo Court, east of Winton Parkway (APN: 022-020-010); and
WHEREAS, City staff has reviewed the project with reference to the 1999 General Plan and the Zoning Ordinance (specifically Sections 5-6-7 "C" thru "E"); and finds that, based on the evidence documented within the associated staff report and proceedings of the public hearing, the proposed use, its site plan and design, are consistent with the General Plan, and are permitted and comply with the Zoning Ordinance (including those specifically referenced below); and WHEREAS, the following findings listed in LMC Section 5-6-9 (I) for approving the Use Permit can be made as follows:
( a) The site for the proposed use is adequate in size and shape to accommodate said use and all yards, spaces, walls and fences, parking, loading, landscaping and other features required by the applicable zoning district;
The proposed site plan, elevations for the proposed coffee house meets all development standards in the C-3, Highway Service Commercial zoning district. (b) The site for the proposed use is served by streets and highways adequate to carry the quantity and kind of traffic generated by the proposed use; Page I of7
{CW130768.l)

The site fronts on Joseph Gallo Court, a developed public street that was designed to carry the traffic of the proposed commercial land use. (c) Public facilities are currently adequate to serve the proposed use or improvements are included in an approved capital improvement plan or otherwise will be complete prior to the issuance of building permits; and
Public Facilities and utilities are available and adequate to serve the subject site. (d) The proposed development is consistent with the general plan. If granted, it should be made subject to those conditions necessary to preserve the general welfare, not the individual welfare, of any particular applicant."
The proposed site plan, elevation and conditions of approval will ensure that the development will conform to City development standards for development within the Highway Service Commercial zoning district and preserve the general welfare of the community.

WHEREAS, a public hearing for the proposed project has been properly noticed by posting, a newspaper ad, and a mailing to adjacent properties within 300 feet of the site; and WHEREAS, the proposed project is categorically exempt from the California Environmental Quality Act ("CEQA") under CEQA Guidelines Section 15332 (In-fill Development), meeting the following conditions: (a) the project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; (b) the proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses; (c) The project site has no value, as habitat for endangered, rare or threatened species; (d) approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and (e) the site can be served by all required utilities and public services. A Notice of Exemption will be filed with the Merced County Clerk within five (5) days of project approval; and WHEREAS, on June 13, 2023, the Livingston Planning Commission considered Conditional Use Permit (CUP) Application No. 2023-02 and Site Plan and Design Review Application (SPDR) No. 2023-03 and on a vote of 3-0, recommending approval of both CUP 2023-02 and SPDR 2023-03 to the City Council.

NOW, THEREFORE, BE IT RESOLVED that the Livingston City Council hereby determines that the Project is exempt from CEQA, pursuant to CEQA Guidelines Section 15332 and based on the findings described in this resolution and associated staff report. City staff is hereby directed to file a Notice of Exemption with the Merced County Clerk.

BE IT FURTHER RESOLVED that the Livingston City Council hereby adopts Resolution 2023-_, approving the Conditional Use Application No. 2023-02 - a 950 square foot Dutch Brothers coffee house with a dual drive-thru lane and an 80-foot high freeway oriented sign, in accordance with the submitted site plan, floor plan, and elevations.

BE IT FURTHER RESOLVED that Conditional Use Application No. 2023-02 shall be subject to the Conditions of Approval attached and incorporated herein as Exhibit A.

Passed and adopted this 18th day of July, 2023 by the following vote:
\

{CWl30768.I}

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Jose A. Moran, Mayor
Of the City of Livingston
I hereby certify that the foregoing resolution was regularly introduced, passed, and adopted at a regular meeting of the City Council of the City of Livingston this 18th day of July, 2023.

Monica Cisneros, Deputy City Clerk
Of the City of Livingston

{CW130768.l}

Exhibit A
Conditions of Approval
CUP No. 2023-02 - Dutch Brothers Coffee House at 945 Joseph Gallo Court Planning Division Conditions

1. The development of the site shall be consistent with approved plans, elevations, and colors. Minor variations from approved plans, elevations, and colors may be allowed at the review and approval of City staff.

2. The Developer shall comply with all federal, state, and local laws, policies, standards, and requirements applicable to such a use and obtain a building permit and all other permits applicable to such a use and shall pay all fees and exactions applicable to such a use.

3. The Developer shall indemnify, defend and hold harmless the City and its officials, officers, employees, agents, and consultants from any and all legal or administrative actions or other proceedings challenging this approval or any subsequent approval associated with this project

4. Prior to obtaining a sign permit from the Building Division, the Developer shall submit an application for a sign permit for all exterior signage on the property for City Planning staff to review and approve for consistency with the submitted site plan and City's signage regulations of the C-3, Service Commercial Zone District.

5. With approval of a Use Permit application, the applicant is allowed one freeway-oriented sign with a maximum height of 80 feet and a maximum of 500 square feet per side in addition to signage allowed under Section 4-2-9 of the Livingston Municipal Code.

6. Prior to any grading, construction, or planting, or the erection of a pole sign within the MID easement, the developer shall receive approval from MID. Written approval from MID shall be delivered to the City prior to the issuance of a building permit for such work.

7. Temporary construction fencing shall be required to be installed along the perimeter of all work under construction to separate the construction operation from the public. All construction activities shall be confined to within the fenced area. Construction materials and/or equipment shall not be operated or stored outside of the fenced area or within the public right-of-way unless approved in advance by the City Engineer.

8. The Developer shall comply with the adopted (currently 2022) California Uniform Building Codes.

9. The Developer shall comply with all requirements of the current adopted Fire Code for commercial structures as required by the City contracted Fire Department.

10. The Developer shall submit final landscape plans for City staff review and approval, specifying plant selections, size, and irrigation consistent with the preliminary landscape concept submitted as part of the application. Such plans shall be compliant with the State of California's current Model Water Efficiency Landscape Ordinance and requirements.

{CW130768.l)

The developer shall pay the landscape and irrigation plan review and inspection fees to ensure installation was done according to approved plans.

11. All exterior lighting fixtures shall be noted on an exterior lighting plan subject to staff review and approval, and such lighting shall be shielded and directed to areas on the subject property itself and shall avoid shinning toward adjacent properties and State Route 99.

12. The Developer and/or operator shall submit the plans for the trash enclosures for City staff review and approval after access to the enclosures have been approved by Gilton Solid Waste Management.

13. Prior to the issuance of the Certificate of Occupancy, the Developer shall annex this Project site into the Community Facilities District (CFO) No. 2017-01, including payment of administrative costs associated with the annexation proceedings.

14. The Developer and/or Operator shall keep the site free from trash and debris and shall maintain the premises in a clean and orderly manner.

City Engineering Conditions

15. The developer/applicant shall prepare improvement plans (separate from the building plans) for all applicable site development including, but not limited to, demolition, site grading and drainage, utilities, landscape, on-site and off-site (street frontage) improvements. Improvement plans shall be prepared based on topographical survey data as prepared by a qualified surveyor.

16. Public improvements shall conform to the latest edition of the City Improvement Standards and Specifications and any modifications thereto approved by the City Engineer in place at the time of construction. Improvements shall conform to other City adopted documents including the General Plan, Water Master Plan, Sewer Master Plan and Storm Water Master Plan. The work shall comply with all applicable State, Federal, and local laws and regulations.

17. All existing and proposed easement and property lines shall be shown on the improvement plans.

18. Applicant shall prepare an Erosion Sediment Control Plan (ESCP) pursuant to the City of Livingston's MS4 Phase II Permit requirements for construction activities.

19. Unless exempt, prepare and provide volumetric sizing calculations, low development impact (LID) measures, operation and maintenance plan (O&M), and statement of responsibility agreement for storm water management in accordance with the City of Livingston's Post-construction Standards Plan and pursuant to the City's Phase II MS4 Permit requirements.

20. Unless exempt, prepare a Dust Control Plan (DCP) and file the Plan with the San Joaquin Valley Air Pollution Control District for construction activities pursuant to Regulation VIII (Rules 8011-8081).

(CW130768.l}

21. A soils report prepared by a California registered geotechnical engineer with recommendations for the structural sections for parking lot pavement/slab, excavation, compaction, clearing and grubbing requirements, etc.

22. Prepare any applicable grading and encroachment permits for the project. Applicant shall pay the permit fee, plan check and inspection fees, and furnish improvement securities pursuant to the City's improvement standards, municipal code, and ordinances.

23. Applicant shall pay all applicable development impact fees for Municipal Facilities, Police, Fire Protection, Streets and Bridges, Water, Domestic Wastewater, Storm Drainage, and Parks.

24. The project parcel shall be annexed to all applicable assessment districts for the City of Livingston as determined by the City Planner.

25. Construct all proposed connections for dry utilities underground and within required easements by the respective utilities.

26. Construct site improvements within the Merced Irrigation District 40-ft easement as approved by the District. Provide written correspondence for approvals by the District to the City of Livingston.

27. Provide an ADA accessible path of travel as shown on the site plan for the project and pursuant to ADA standards.

28. On-site parking areas must be designed and constructed in accordance with City Standards and as required by the City f Livingston.

29. Construct street frontage improvements including, but not limited to, sidewalk, driveway approach, curb and gutter, street lighting, landscaping, striping and signage on Joseph Gallo Court to extend the length of the property as required and approved by the City of Livingston. Replace/repair any existing sidewalk, curb and gutter not meeting ADA and/or City standards within the length of the property line.

30. Construct parking lot lighting as required and approved by City Planning.

31. Storm runoff shall be contained to a collection point (s) within the project site and conveyed off-site via underground pipes connected to the existing 24-inch storm drain line on Joseph Gallo Court. Underground storage for storm runoff may be required for MS4 postconstruction compliance with an overflow to the public storm drain system. The project's storm runoff shall be calculated and contained pursuant to the City standards and as approved by the City Engineer.

32. Connect to the existing 12-inch water main on Joseph Gallo Court for all proposed domestic, irrigation, and fire flows. Domestic and irrigation lines shall have separate metered connections to the water main. Water connections shall include shutoff valves, corporation stops, water meters, backflow preventers, post indicator valves, and fire department connections as applicable.

33. Connect to the existing 8-inch sewer main on Joseph Gallo Court for sanitary service and thrash enclosure floor drain. Provide a grease interceptor at all onsite kitchen connections.

{CW130768.l}

34. Construct the proposed trash enclosure as required by City Planning and pursuant to the City standards with access as approved by the City's refuse contractor.

35. Construct fencing and gates as required and approved by City Planning.

36. Repairs to any damaged City Facilities such as road/alley pavement, valley gutter, sidewalk, curb and gutter caused by construction and construction-related activities shall be completed as required by the City of Livingston and at developer's sole cost.

37. Pay the fair share cost for the long term mitigation of project impacts as indicated in the Transportation Impact Assessment Memorandum dated November 30, 2022, prepared by KD Anderson & Associates for the Dutch Brothers Coffee Kiosk, Livingston, CA. The project's fair share of traffic impacts shall be determined from additional traffic analysis prepared by the Applicant for review and approval by the City Engineer.

Merced Irrigation District (MID)

38. Provide MID with an easement for ingress and egress through the most convenient route within APN 022-020-01 0 for access to the Garibaldi pipeline along the north side of the parcel.

Pacific Gas and Electricity (PG&E)

39. The Dutch Bros Coffee plans proposes landscaping within the existing ten-foot (1 0') wide Public Utility Easement (P.U.E.) over said parcel. Any landscaping planted within said P.U.E. must maintain a minimum five-foot (5') horizontal clearance from PG&E's existing gas distribution main within said P.U.E. Trees, brush, and vegetation with invasive roots can cause unintended damage to underground utilities and may result in a significant safety hazard. The applicant must ensure all landscaping complies with said horizontal clearance.

40. Please contact the Building and Renovation Center (BRSC) for facility map requests by calling 1-877-743-7782 and PG&E's Service Planning department at www.pge.com/cco for any modification or relocation requests, or for any additional services you may require.

41. As a reminder, before any digging or excavation occurs, please contact Underground Service Alert (USA) by dialing 811 a minimum of 2 working days prior to commencing any work. This free and independent service will ensure that all existing underground utilities are identified and marked on-site.

{CWI30768. l }

Attachment 2
RESOLUTION 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING SITE PLAN AND DESIGN REVIEW APPLICATION NO. 2023-03 TO DEVELOP A 950 SQUARE FOOT COFFEE HOUSE SHOP WITH A 34- SPACE DUAL QUEUING DRIVETHRU AND AN BO-FOOT HIGH FREEWAY ORIENTED SIGN ON PROPERTY LOCATED ON

THE NORTH SIDE OF JOSEPH GALLO COURT, EAST OF WINTON PARKWAY (APN 022-020-010)
WHEREAS, the project site is zoned C-3 (Highway Service Commercial), and has a General Plan designation of HC, Highway Commercial, according to the official Zoning Map of the City of Livingston and the 1999 Livingston General Plan; and
WHEREAS, pursuant to Livingston Municipal Code ("LMC") Section 5-3-15 - Table 3 Commercial Uses, development of a restaurant coffee house with a drive-in and an 80-foot high freeway oriented sign in the Highway Service Commercial zoning district may be permitted by the Planning Commission and City Council with the approval of a Conditional Use Permit and Site Plan and Design Review Application; and
WHEREAS, LMC Section 5-6-7 requires the approval of a Site Plan and Design Review application for new structures within the C-3 zoning district to assure compatibility, harmony in appearance in neighborhoods, reduction of negative impacts of nonaesthetic development, and orderly development of the community; and
WHEREAS, Joseph E Gallo, owner of Livingston Ranches LP and Dutch Brothers Inc., applicant, have applied for a Conditional Use Permit to construct a 950 square foot coffee shop with a drive thru, outdoor seating, a 15-space parking lot and an 80-foot high freeway oriented sign on a 0.86- acre vacant property located on the north side of the end of Joseph Gallo Court, east of Winton Parkway (APN 022 020 010); and
WHEREAS, City staff has reviewed the project with reference to the 1999 General Plan and the Zoning Ordinance (specifically Sections 5-6-7 "C" thru "E"); and finds that, based on the evidence documented within the associated staff report and proceedings of the public hearing, the proposed use, its site plan and design, are generally consistent with the General Plan, are permitted and comply with the Zoning Ordinance; and
WHEREAS, a public hearing for the proposed project has been properly noticed by posting, a newspaper ad, and a mailing to adjacent properties within 300 feet of the site; and WHEREAS, the proposed project is categorically exempt from the California Environmental Quality Act ("CEQA") under CEQA Guidelines Section 15332 (In-fill Development), meeting the following conditions: (a) the project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations; (b) the proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses, (c) The project site has no value, as habitat for endangered, rare or threatened species; (d) approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and (e) the site can be served by all required utilities and public services. A Notice of Exemption will be filed with the Merced County Clerk within five (5) days of project approval; and

(CWl30769.l)

WHEREAS, on June 13, 2023, the Livingston Planning Commission considered Conditional Use Permit (CUP) Application No. 2023-02 and Site Plan and Design Review (SPDR) Application No. 2023-03 and on a vote of 3-0, recommending approval of both CUP 2023-02 and SPDR 2023-03 to the City Council.

NOW, THEREFORE, BE IT RESOLVED that the Livingston City Council hereby determines that the Project is exempt from CEQA, pursuant to CEQA Guidelines Section 15332 and based on the findings described in this resolution and associated staff report. City staff is hereby directed to file a Notice of Exemption with the Merced County Clerk.

BE IT FURTHER RESOLVED that the Livingston City Council hereby adopts Resolution 2023-_, approving the Site Plan and Design Review Application No. 2023-03 for a 950 square foot Dutch Brothers coffee house with a dual drive-thru lane, a 15- space parking lot and an 80- foot high freeway oriented sign, in accordance with the submitted site plan, floor plan, and elevations.

BE IT FURTHER RESOLVED that Site Plan and Design Review Application No 2023-03 shall be subject to the Conditions of Approval attached and incorporated herein as Exhibit A.

Passed and adopted this 18th day of July, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Jose A. Moran, Mayor
Of the City of Livingston
I hereby certify that the foregoing resolution was regularly introduced, passed, and adopted at a regular meeting of the City Council of the City of Livingston this 1 sth day of July, 2023.

Monica Cisneros, Deputy City Clerk
Of the City of Livingston

(CWl30769.l)

Exhibit A
Conditions of Approval
CUP No. 2023-02 - Dutch Brothers Coffee House at 945 Joseph Gallo Court Planning Division Conditions

1. The development of the site shall be consistent with approved plans, elevations, and colors. Minor variations from approved plans, elevations, and colors may be allowed at the review and approval of City staff.

2. The Developer shall comply with all federal, state, and local laws, policies, standards, and requirements applicable to such a use and obtain a building permit and all other permits applicable to such a use and shall pay all fees and exactions applicable to such a use.

3. The Developer shall indemnify, defend and hold harmless the City and its officials, officers, employees, agents, and consultants from any and all legal or administrative actions or other proceedings challenging this approval or any subsequent approval associated with this project

4. Prior to obtaining a sign permit from the Building Division, the Developer shall submit an application for a sign permit for all exterior signage on the property for City Planning staff to review and approve for consistency with the submitted site plan and City's signage regulations of the C-3, Service Commercial Zone District.

5. With approval of a Use Permit application, the applicant is allowed one freeway-oriented sign with a maximum height of 80 feet and a maximum of 500 square feet per side in addition to signage allowed under Section 4-2-9 of the Livingston Municipal Code.

6. Prior to any grading, construction, or planting, or the erection of a pole sign within the MID easement, the developer shall receive approval from MID. Written approval from MID shall be delivered to the City prior to the issuance of a building permit for such work.

7. Temporary construction fencing shall be required to be installed along the perimeter of all work under construction to separate the construction operation from the public. All construction activities shall be confined to within the fenced area. Construction materials and/or equipment shall not be operated or stored outside of the fenced area or within the public right-of-way unless approved in advance by the City Engineer.

8. The Developer shall comply with the adopted (currently 2022) California Uniform Building Codes.

9. The Developer shall comply with all requirements of the current adopted Fire Code for commercial structures as required by the City contracted Fire Department.

10. The Developer shall submit final landscape plans for City staff review and approval, specifying plant selections, size, and irrigation consistent with the preliminary landscape concept submitted as part of the application. Such plans shall be compliant with the State of California's current Model Water Efficiency Landscape Ordinance and requirements.

The developer shall pay the landscape and irrigation plan review and inspection fees to ensure installation was done according to approved plans.

(CW130769.I}

11. All exterior lighting fixtures shall be noted on an exterior lighting plan subject to staff review and approval, and such lighting shall be shielded and directed to areas on the subject property itself and shall avoid shinning toward adjacent properties and State Route 99.

12. The Developer and/or operator shall submit the plans for the trash enclosures for City staff review and approval after access to the enclosures have been approved by Gilton Solid Waste Management.

13. Prior to the issuance of the Certificate of Occupancy, the Developer shall annex this Project site into the Community Facilities District (CFD) No. 2017-01, including payment of administrative costs associated with the annexation proceedings.

14. The Developer and/or Operator shall keep the site free from trash and debris and shall maintain the premises in a clean and orderly manner.

City Engineering Conditions

15. The developer/applicant shall prepare improvement plans (separate from the building plans) for all applicable site development including, but not limited to, demolition, site grading and drainage, utilities, landscape, on-site and off-site (street frontage) improvements. Improvement plans shall be prepared based on topographical survey data as prepared by a qualified surveyor.

16. Public improvements shall conform to the latest edition of the City Improvement Standards and Specifications and any modifications thereto approved by the City Engineer in place at the time of construction. Improvements shall conform to other City adopted documents including the General Plan, Water Master Plan, Sewer Master Plan and Storm Water Master Plan. The work shall comply with all applicable State, Federal, and local laws and regulations.

17. All existing and proposed easement and property lines shall be shown on the improvement plans.

18. Applicant shall prepare an Erosion Sediment Control Plan (ESCP) pursuant to the City of Livingston's MS4 Phase II Permit requirements for construction activities.

19. Unless exempt, prepare and provide volumetric sizing calculations, low development impact (LID) measures, operation and maintenance plan (O&M), and statement of responsibility agreement for storm water management in accordance with the City of Livingston's Post-construction Standards Plan and pursuant to the City's Phase II MS4 Permit requirements.

20. Unless exempt, prepare a Dust Control Plan (DCP) and file the Plan with the San Joaquin Valley Air Pollution Control District for construction activities pursuant to Regulation VIII (Rules 8011-8081).

21. A soils report prepared by a California registered geotechnical engineer with recommendations for the structural sections for parking lot pavement/slab, excavation, compaction, clearing and grubbing requirements, etc.

(CW130769.I}

22. Prepare any applicable grading and encroachment permits for the project. Applicant shall pay the permit fee, plan check and inspection fees, and furnish improvement securities pursuant to the City's improvement standards, municipal code, and ordinances.

23. Applicant shall pay all applicable development impact fees for Municipal Facilities, Police, Fire Protection, Streets and Bridges, Water, Domestic Wastewater, Storm Drainage, and Parks.

24. The project parcel shall be annexed to all applicable assessment districts for the City of Livingston as determined by the City Planner.

25. Construct all proposed connections for dry utilities underground and within required easements by the respective utilities.

26. Construct site improvements within the Merced Irrigation District 40-ft easement as approved by the District. Provide written correspondence for approvals by the District to the City of Livingston.

27. Provide an ADA accessible path of travel as shown on the site plan for the project and pursuant to ADA standards.

28. On-site parking areas must be designed and constructed in accordance with City Standards and as required by the City f Livingston.

29. Construct street frontage improvements including, but not limited to, sidewalk, driveway approach, curb and gutter, street lighting, landscaping, striping and signage on Joseph Gallo Court to extend the length of the property as required and approved by the City of Livingston. Replace/repair any existing sidewalk, curb and gutter not meeting ADA and/or City standards within the length of the property line.

30. Construct parking lot lighting as required and approved by City Planning.

31. Storm runoff shall be contained to a collection point ( s) within the project site and conveyed off-site via underground pipes connected to the existing 24-inch storm drain line on Joseph Gallo Court. Underground storage for storm runoff may be required for MS4 postconstruction compliance with an overflow to the public storm drain system. The project's storm runoff shall be calculated and contained pursuant to the City standards and as approved by the City Engineer.

32. Connect to the existing 12-inch water main on Joseph Gallo Court for all proposed domestic, irrigation, and fire flows. Domestic and irrigation lines shall have separate metered connections to the water main. Water connections shall include shutoff valves, corporation stops, water meters, backflow preventers, post indicator valves, and fire department connections as applicable.

33. Connect to the existing 8-inch sewer main on Joseph Gallo Court for sanitary service and thrash enclosure floor drain. Provide a grease interceptor at all onsite kitchen connections.

34. Construct the proposed trash enclosure as required by City Planning and pursuant to the City standards with access as approved by the City's refuse contractor.

{CWl30769.1}

35. Construct fencing and gates as required and approved by City Planning.

36. Repairs to any damaged City Facilities such as road/alley pavement, valley gutter, sidewalk, curb and gutter caused by construction and construction-related activities shall be completed as required by the City of Livingston and at developer's sole cost.

37. Pay the fair share cost for the long term mitigation of project impacts as indicated in the Transportation Impact Assessment Memorandum dated November 30, 2022, prepared by KD Anderson & Associates for the Dutch Brothers Coffee Kiosk, Livingston, CA The project's fair share of traffic impacts shall be determined from additional traffic analysis prepared by the Applicant for review and approval by the City Engineer.

Merced Irrigation District (MID)

38. Provide MID with an easement for ingress and egress through the most convenient route within APN 022-020-01 0 for access to the Garibaldi pipeline along the north side of the parcel.

Pacific Gas and Electricity (PG&E)

39. The Dutch Bros Coffee plans proposes landscaping within the existing ten-foot (10') wide Public Utility Easement (P.U.E.) over said parcel. Any landscaping planted within said P.U.E. must maintain a minimum five-foot (5') horizontal clearance from PG&E's existing gas distribution main within said P.U.E. Trees, brush, and vegetation with invasive roots can cause unintended damage to underground utilities and may result in a significant safety hazard. The applicant must ensure all landscaping complies with said horizontal clearance.

40. Please contact the Building and Renovation Center (BRSC) for facility map requests by calling 1-877-743-7782 and PG&E's Service Planning department at www.pge.com/cco for any modification or relocation requests, or for any additional services you may require.

41. As a reminder, before any digging or excavation occurs, please contact Underground Service Alert (USA) by dialing 811 a minimum of 2 working days prior to commencing any work. This free and independent service will ensure that all existing underground utilities are identified and marked on-site.

{CWl30769.I}

Attachment 3A
Aerial Vicinity Location Maps
Conditional Use Application No. CUP 2023-02 and Site Plan and Design Review Application No. SPDR 2023-03 - Dutch Brothers LLC
Project Site: t::J

Attachment 38
Aerial Vicinity Location Maps
Conditional Use Application No. CUP 2023-02 and Site Plan and Design Review Application No. SPDR 2023-03-Dutch Brothers LLC
Project Site: c::J

Attachment 3C
Assessor's Parcel Number (APN) Map
Conditional Use Application No. CUP 2023-02 and Site Plan and Design Review Application No. SPDR 2023-03 - Dutch Brothers LLC
M)!l:.
le., "'° ;, <,;,- ""•""""' r,, .. ·oo,i,, c.-.:, It,,,,,.,, to"""''""'"" os po,t,oy,3 !;i,,'L ~.,.,-.,,,;, c• o•,,,,,-., cl w,, /or ,,.,.po-,, er '"""0 c• sst1, ,~" ,,.
8 @)
.1:
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DIIMl!I IH6
Ri;vm:~ a-1<
Livingston Land & Col. Co, Sub. No.3, R.M, Vol,3, Pg.58 Project Site:

IOI( • A1mW's iwc ~5 Sho>l'I n [W;ms M$!1WS ?~!l ~rs ~m h Crctts Tax Rate Area 003-001
@)
Si.

Assessor's Map Bk, 22- Pg, 02
County oF Merced, Ca/IF.
2006

Attachment 3D
Existing General Plan Designation Map
Conditional Use Application No. CUP 2023-02 and Site Plan and Design Review Application No. SPDR 2023-03-Dutch Brothers LLC
JOSEPH GftllO 'lfl
I
f
,c
_____ ,_•·_! ?l __ i,~--__ --_-_-_-_-_-_-_-_-~-~---_-_-_-_-_-_-_-_-_-_-_-_~--------- Project Site: c:::J

Attachment 3E
Existing Zoning Map
Conditional Use Application No. CUP 2023-02 and Site Plan and Design Review Application No. SPDR 2023-03 - Dutch Brothers LLC
IOSEP:H GALLO DR
C-2
t?:

Project Site: c:::J
a,,,_... __
-

Lg Knowwti:at's below.
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REVEW: 12.02.2022
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REVIEW: 12.02.2022
rr:

BU1l04NG ELEVATIONS
A6.1

89975 Prairie Rd.

Eugene, OR 97402
541.485.5546 I esasigns.com
SUMMARY DRAWING:
35316
CLIENT:

Dutch Bros• CA1208
495 Joseph Gallo Court
Livingston, CA 95334
DATE OF SHOP DRAWING:
11/30/22
PROD. DETAILS: CH
LEAD DESIGN: CH
SALES: NJ
REVISIONS:

12.5.22 Updated elevation:
& site plan. Moved pylon
and reduced 40' in height.,

12.7.22 Increased DBPY16 '
to DBPY19.5, back to 80'.

PAGE NO. 1 of 2

SUMMARY - BUILDING SIGNS & MENUS

NORTH ELEVATION
SCALE: 1/8"=1'·0"
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• 89975 Prairie Rd. Eugene, OR 97402
541.485.5546 l esasigns.com
SHOP DRAWING #:
35316A2
CLIENT:

Dutch Bros - CA 1208
495 Joseph Gallo Court
Livingston, CA 95334
DATE OF SHOP DRAWING:
11/30/22
PROD. DETAILS: CH LEAD DESIGN: CH
SALES: NJ
REVISIONS:

12.5.22 Reduced 40' OAH.,

12.7.22 Increased DBPY16
to DBPY19.5, back to 80'.

12.12.22 Increased middle
pipe by 10'-6" & 0 by 6".

COLOR CODE
PANTONE 107 C YELLOW
Iii! PANTONE 1795 C RED
• PANTONE 7691 C BLUE • OB CUSTOM OK BLUE (POLE) • 23(}36 DARK BLUE (LIO) • 230-127 INTENSE BLUE (LIO) • 230-147 DEEP SKY BLUE (LID:

PAGE NO. 1 of 2
SCOPE OF WORK: MANUFACTURE & INSTALL (1) D/F INTERNALLY ILLUMINATED PYLON CUP SIGN

DB PY-CUSTOM
SCALE: 1/4"=1'-0" SIDE VIEW
13'-11"
switch guard with 3
clevis and cotter pins
1 \
r .

O') 6
Fabricated aluminum returns for 'lid'
painted DB Custom DK blue with
white flex faces & aluminum retainers.

Translucent vinyl applied to faces.

White LED illumination.

Fabricated aluminum ·cup' with
aluminum faces & returns.

Paint white.
a• deep fabricated aluminum windmill. -------
.090' aluminum returns & retainers.
'\' Paint white. 1 White flex faces with perforated vinyl digitally printed T/M PMS 7691 C Blue
· (white outline to be the aluminum retainers).

White LED illumination.

Digitally printed ' Dutch Bros' logo applied
\_ tosides.
horizontal seam (non visible)
--Allanson Blue Skyline LED, 1' wide
------ New steel pole support structure
--- painted DB Custom Dark Blue.

Steel pole & anchor rods included.

GC to provide concrete footing.

ES&A to send anchors to GC.
6'-4"
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ELEVATION
SCALE: 3/32"=1'-0"
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0 .,
r Mouthpiece to face building

•
. >.'. ! ~"' 89975 Prairie Rd.

Eugene, OR 97402
541.485.5546 I esasigns.com
SUMMARY DRAWING:
35316
CLIENT:

Dutch Bros - CA 1208
495 Joseph Gallo Court
Livingston, CA 95334
DATE OF SHOP DRAWING:
11/30/22
PROD. DETAILS: CH LEAD DESIGN: CH
SALES: NJ
REVISIONS:

12.5.22 Updated elevations
& site plan. Moved pylon
and reduced 40' in height.I

12.7.22 Increased DBPY16
to DBPY19.5, back to 80'.

PAGE NO. 2 of 2

SUMMARY - FREESTANDING SIGNS & MENUS
·~- -
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B
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SITE OVERVIEW

SIGN TYPE
DBPY19.5@ 80' OAH
DB MONUMENT 3' x 8' @ 5' OAH DBCL10
DBW13 DBSnapframe-NL-11x17SC DBSnapframe-NL-30x40SC DBMenu-WM DBMenu-PM-SF DBMenu-PM-DF

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DBClearance Bar-DA DBAddress
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3 3
4 2 2
4 2
1 1 1 1

• 89975 Prairie Rd. Eugene, OR 97402
541.485.5546 I esa.signs.com
SHOP DRAWING #:
35316B
CLIENT:

Dutch Bros - CA 1208
495 Joseph Gallo Court
Livingston, CA 95334
DATE OF SHOP DRAWING:
11/30/22
PROD. DETAILS: CH LEAD DESIGN: CH
SALES: NJ
REVISIONS:

COLOR CODE
231HJ15 YELLOW PSV 231).33 RED PSV
23IH27 INTENSE 8WE PSV ;
08 LKiHT GREY (PMS 429 ci' 08 DARK GREY (PMS 431 C)

OB CUSTOM OAAK BLUE
PAGE NO. 1 of 2
SCOPE OF WORK: MANUFACTURE & INSTALL (1) D/F ILLUMINATED MONUMENT SIGN 5'
"'
q
"'

FRONT VIEW
SCALE: 3/4"=1'-0"
8'-0"

CABINET
7'-0"
REVEAL
7'-6"
FABRICATED ALUMINUM CABINET PAINTED DB CUSTOM DARK BLUE. REVEAL PAINTED DB CUSTOM DARK GREY.

BACKED-UP WHITE ACRYLIC LETTERS.
1ST SURFACE 230-015 YELLOW, 230-33 RED, & 230-127 INTENSE BLUE PSV.

WHITE LED ILLUMINATION.

FABRICATED ALUMINUM SKIRT PAINTED DB CUSTOM LIGHT GREY WITH MEDIUM TEXTURE COAT.

SIDE VIEW SCALE: 3/4"=1'-0"
1'-6"

• 89975 Prairie Rd. Eugene, OR 97402
541.485.5546 I esasigns.com
SHOP DRAWING #:
35316H
CLIENT:

Dutch Bros - CA 1208
495 Joseph Gallo Court
Livingston, CA 95334
DATE OF SHOP DRAWING:
11/30/22
PROD. DETAILS: CH LEAD DESIGN: CH
SALES: NJ
REVISIONS:

COLOR CODE

II DIGITAL PRINT

POWDER COATED

DB DARK BLUE
PAGE NO. 1 of 2
SCOPE OF WORK: PROVIDE (4) S/F ILLUMINATED MENU SIGNS VS· PLATE-MOUNTED SCALE: 1"=1'-0"
2'-10 9/16"
Hinge
(2) Twist-Locks (2) Twist-Locks

SIDE VIEW
3' 3 7/8' m

FREESTANDING BACKLIT MENU SIGN
• ASSEMBLE POST & MENU • FOOTING INSTALLED BY G.C. POWDER GOAT POST & CABINET TO MATCH DB CUSTOM DARK BLUE

SWITCH (LEFT SIDE)

INSTALLATION ORIENTATION DETAIL

NOTTO SCALE
3" STEEL SQ. TUBE

POWER THRU POST

ALUMINUM

BASE PLATE COVER
!"'
I
DtST.AJ£E FROM CURB
TO C[llT£R OF POST
(FOR POVr~ LOCATll!")
1"GONDUIT_/ , - ----- - -------

DBMENU-PM
--
4'-0' TYP.

CONCRITT

SIDEWALK

ON CONCRETE SLAB FOOTING

DRIVE-TH RU
LANE
•

• 89975 Prairie Rd. Eugene, OR 97402
541.485.5546 I esasigns.com
SHOP DRAWING #:
35316K
CLIENT:

Dutch Bros • CA 1208
495 Joseph Gallo Court
Livingston, CA 95334
DATE OF SHOP DRAWING:
11/30/22
PROD. DETAILS: CH
LEAD DESIGN: CH
SALES: NJ
REVISIONS:

COLOR CODE

DB CUSTOM DARK BLUE
PAGE NO. 1 of 1
SCOPE OF WORK: MANUFACTURE & INSTALL (1) D/F NON-ILLUMINATED EXIT SIGN LAYOUT
SCALE: 11/2"=1'·0"
2'-5 112" 2'-5 112"
FABRICATED .090 ALUMINUM BOLT COVER
;:-(f 11(·t-'[t:: ";
//~ ' \ ~ 12' x 12" x 8" THICK CONCRETE PAO FOOTING
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......
,. /.~
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i/f :<:•.

SIDE VIEW
2"
H
0 ·
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541.485.5546 I csasigns.com
SHOP DRAWING #:
35316J
CLIENT:

Dutch Bros - CA 1208
495 Joseph Gallo Court
Livingston, CA 95334
DATE OF SHOP DRAWING:
11/30/22
PROD. DETAILS: CH LEAD DESIGN: CH
SALES: NJ
REVISIONS:

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PAGE NO. 1 of 1
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°Bio' LANDSCAPE PLANTING PLAN
495 JOSEPH GALLO COURT
LMNGSTON, CA 95334

22631 ~ Barghausen Consulting Engineers, Inc.
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LANDSCAPE PLANTING

SPECIFICATIONS & DETAILS
495 JOSEPH GALLO COURT
l..MNQ8TON, CA 95334

Transportation Engineers
November 30. 2022
Mr. Miguel Galvez, Contract Planner
City of Livingston
1416 "C" Street
Livingston, CA 95334
Received
NOV 3 0 2022
City of LMngston
Planning Department
RE: TRANSPORTATION IMP ACT ASSESSMENT FOR DUTCH BROTHERS COFFEE

KIOSK, LMNGSTON, CA
Dear Mr. Galvez:

As requested by the project proponent I have prepared this letter summarizing my opinion regarding the transportation impacts of the Dutch Brothers Coffee kiosk proposed on Joseph Gallo Way in Livingston.

As I understand, the project proposes a 950 sf restaurant with dual drive-thru aisles on a 0.67 site previously approved for Highway Commercial Uses. This letter is intended to provide you with infonnation needed to support a finding that the project is exempt from further CEQA review as an infill project.

Previous Analysis. The project was part of the original Gallo-Livingston Commercial Rezone project.

The project involved development of approximately 32.7 net acres of community and highway-oriented retail commercial uses. A Traffic Impact Analysis was prepared for the Rezone project in 1996, and indicated in the attached executive summary, that project was expected to generate 28,104 daily trips, with 2,188 trips occurring during the PM peak hour. Because of the complimentary nature of the uses proposed within the project, about 5,380 daily trips would be made between uses on the site (internal trips). About 12,050 daily trips would be drawn from traffic on Highway 99, and at the time another 2,200 daily trips will be drawn from traffic passing the site on Winton Parkway. The balance of rezone project trips (about 8,350 daily trips) was to be "new" to the study area street system. As a comparison, development of the site under the previous General Plan land use designations would result in about 160 single family residences generating 1,530 daily and 162 PM peak hour trips.

The TIA indicated that long term improvements to the SR 99 / Winton Parkway interchange were likely be required in the future whether the Gallo-Livingston Commercial Rezone occurred or not. The TIA suggested that if the City of Livingston adopts a uniform mechanism for funding the local share ofidentified interchange improvements, the land uses within the Gallo-Livingston Commercial Rezone should contribute its "fair share" towards this cost.

Subsequently the Rezone area and the Dutch Brothers site have been included in citywide planning documents prepared since 1996. Those documents include:
• City of City of Livingston 1999 General Plan / EIR
• City of Livingston Traffic / Circulation Master Plan, 2007 • TIA for TierraSanta Village Apartments, 2021
Dutch Brothers Consistency with Previous TIA. The Dutch Brothers project would replace other highway commercial development previously assumed for the site. Consistency between prior and 3853 Taylor Road, Suite G • Loomis, CA 95650 • (916) 660-1555

Mr. Miguel Galvez, Contract Planner
City of Livingston
November 30, 2022
Page2
proposed land uses was determined based on the number of primary trips added to the regional circulation system by each use.

A letter documenting the typical trip generation characteristics of a Dutch Brothers coffee kiosk is attached.

The project could generate 1,656 daily trips, with pass-by/ diverted linked trips comprising 75% of that traffic. The project would generate 414 primary daily trips made specifically to visit Dutch Brothers.

Based on the average trip generation rates interpolated from the 1996 TIA, development in the Rezone area would have been expected to generate 860 daily trips per acre, with pass-by trips from Winton Parkway and diverted linked trips from SR 99 comprising 50% of that total. The balance would be primary 50% specifically to visit the new development. Applying those rates and pass-by / diverted-Jinked trip percentage to this 0.67 acre site indicates that 288 daily primary trips would have been expected. This result is similar to the Dutch Brothers' forecast
Typically, Dutch Brothers primary trip generation forecast is also similar to that for regular fast-food restaurants on the same site. Current !TE rates suggest that a 2,500 sf fast-food restaurant would generate 1,169 daily trips of which half would be primary trips (i.e., 584 daily trips). This forecast is also similar to that for the Dutch Brothers.

Consistency Conclusion. The Dutch Brothers project is consistent with the assumptions made for the site in the 1996 Gallo-Livingston Commercial Response TIA. No new traffic operational impacts would be expected, and the project would contribute to long term mitigation by paying adopted City of Livingston traffic impact fees that address improvements to the SR 99 / Winton Parkway interchange.

Other CEQA Impacts. Transportation impact criteria under the California Environmental Quality Act (CEQA) were modified in 2020 to address a project's effects on regional Vehicle Miles Traveled (VMT).

However, the project's VMT impacts can be presumed to be less than significant as a "Locally Serving Use" under both the guidelines provided by the Governors' Office of Planning and Research (OPR) and the VMT Implementation Guidelines prepared by the Merced County Association of Governments (MCAG).

Thank you for you attention to this information. Please feel free to contact me if you have any questions.

Sincerely Yours,
KDAnderson & Associates, Inc.

President
Attachments: Executive Summary for Gallo-Livingston Commercial Rezone TIA, 1996.

Letter from KDA to Russ Orsi, Dutch Brother, 11-22-2022: Trip Generation / Queueing Characteristics of Dutch Brothers Coffee Kiosks in Northern California.

TRAFFIC IMPACT ANALYSIS

GALLO-LIVINGSTON COMMERCIAL REZONE
Livingston, CA

EXECUTIVE SUMMARY
Description. The Gallo-Livingston Commercial Rezone involves development of approximately

32. 7 net acres of community and highway oriented retail commercial uses on property which is immediately south of Highway 99 at the new Winton Parkway interchange in western Livingston.

The project is expected to generate 28,104 daily trips, with 2,188 trips occurring during the PM peak hour. Because of the complimentruy nature of the uses proposed within the project, about 5,380 daily trips will be made between uses on the site (internal trips}. About 12,050 daily trips will be drawn traffic on Highway 99, and another 2,200 daily trips will be drawn from traffic passing the site on Winton Parkway. The balance of project trips (about 8,350 daily trips) will be "new" to the study area street system.

As a comparison, development of the site under the current General Plan land use designations would result in about 160 single family residences generating 1,530 daily and 162 PM peak hour trips.

Year 2020 Background Traffic Conditions. The relative impacts of the Gallo-Livingston Commercial Rez.one have been assessed within the context of future traffic conditions occurring in the year 2020. At that time traffic signals will clearly be warranted at the ramp intersections, but if no improvements are made beyond signalization, each intersection will operate at LOS "F", even if the proposed Gallo-Livingston Commercial Rezone does not occur.

To provide satisfactory conditions without the project, it will be necessary to widen the approaches to each ramp intersection and add one lane to the overcrossing.

The addition of trips generated by the Gallo-Livingston Commercial Rezone would have an impact on traffic operations at major adjacent intersections in the year 2020. In addition to the improvements needed for the base cumulative condition, it will be necessary to add a fifth lane to the overcrossing and a third lane on the southbound off-ramp. The Sparrow Drive / Winton Parkway intersection will also warrant signalization, but traffic signals will not be warranted at the Vinewood A venue / Winton Parkway intersection.

Short Term Impacts. Initial site development can be accommodated if Winton Parkway is constructed as a three lane section that could be widened to five lanes in the future as traffic volumes increase. Traffic signals will likely be warranted at the two SR 99 ramp intersections Traffic Impact Analysis for Gallo-Livingston Commercial Rezone, Livingston, CA.

August 27, 1996 Page l

after assumed development occurs, but traffic signals will not be warranted at the Winton Parkway / Sparrow Drive intersection.

Access I Circulation Evaluation. Based on the storage requirements of queues in the area between Sparrow Drive and the SB SR 99 ramps, the distance between intersections and hence the location of the Sparrow Drive intersection will be adequate.

Mitigations - Long Tenn (Year 2020) Conditions. Improvements to the SR 99 / Winton Parkway interchange will likely be required in the future whether the Gallo-Livingston Commercial Rezone occurs or not. If the City of Livingston adopts a uniform mechanism for funding the local share of identified interchange improvements, the land uses within the Gallo-Livingston Commercial Rezone should contribute its "fair share" towards this cost.

Mitigations - Short Tenn Conditions. Winton Parkway should initially be developed as a three lane section from the interchange through the site to Vinewood Avenue. Sparrow Drive should also be developed as a three lane section in order to provide room or left tum lanes.

Traffic conditions should be monitored in the future in order to insure that Winton Parkway is widened when needed and that necessary traffic controls are installed. Subsequent traffic studies should accompany applications for development on the major retail parcels (i.e., Parcels 2 and 12), or as deemed necessary by the City.

Traffic signals will eventually become necessary at the NB ramp, SB ramp and Sparrow Drive intersections on Winton parkway. Funding for signalization at interchange intersections should be developed via a Citywide program which reflects the regional benefit of this facility, and the Gallo-Livingston Commercial Rezone should contribute its fair share towards the cost of this improvment.

The Gallo-Livingston Commercial Rezone should also contribute its fair share towards the cost of the Sparrow Drive traffic signal. As the primary purpose of this traffic signal is local access to the site, it is reasonable to expect that the proposed project will be primarily responsible for this cost.

Access to Winton Parkway should be minimized. Project proponents should develop for City approval a formal plan for site access delineating the location of proposed access, nature of initial and ultimate access controls, etc.
__________________________ Traffic Impact
Analysis for Gal.lo-Livingston Commercial. Rezone, Livingston, CA August 27, 1996 Page 2

Transportation Engineers
November 22, 2022
Mr. Russ Orsi, Construction Manager
Dutch Bros.
russ.orsi 'ti•dutchbros.com
RE: TRIP GENERATION/ QUEUEING CHARACTERISTICS OF DUTCH
BROTHERS COFFEE KIOSKS IN NORTHERN CALIFORNIA.

Dear Mr. Orsi:

Thank you for contacting our finn regarding Dutch Brothers coffee kiosks. Typically, the Dutch Brothers facility is a free-standing 850 to 950 sf restaurant with dual entry drive-thru aisles, and most offer in-line ordering and delivery to minimize on site delays. You have asked for infonnation regarding typical trip generation and drive-thru queuing to support applications for new Dutch Brothers sites.

The information which follows outlines our estimation of typical Dutch Brothers a.m. and p.m. peak hour trip generation and on-site queueing based on observation of five Northern California sites of this size. We have also estimated probable daily trip generation rates and pass-by trip share based on the characteristics of other "quick serve" restaurants.

Dutch Brothers Proiect Trip Generation
Institute of Transportation Engineers (ITE) Rates. The amount of vehicular traffic associated with the Dutch Brothers project has been estimated on a peak hour basis from two perspectives. First, trip generation rates for coffee related uses that are presented in the Institute of Transportation Engineers ([TE) publication, Trip Generation Manual, J(jh Edition and 1 J'h Edition were identified and reviewed to determine whether this data is applicable to the proposed Dutch Brothers project. As indicated in Table 1 (attached), rates are available for two coffee related uses with drive-thru lanes. Code 938 is a Coffee I Donut Shop with DriveThru and No Indoor Seating. While that description does match Dutch Brothers, the data in the J(jh Edition was collected at very small kiosks ( I 00 sf) that generated IO to 60 peak hour trips. Because these kiosks were so small their "per ksf' trip generation rates would greatly exaggerate a forecast for the larger Dutch Brothers building. Additional data was collected for the rates in the J J'h Edition, but that data reports trip generation rates on a "per drive-thru aisle" basis without regard for the size of the building.

Alternatively, Code 937 is a Coffee I Donut Shop with Drive-Thru at sites where indoor seating is available. In this case the ITE data was collected at sites that ranged from 1,000 to 2,500 sf. While the Dutch Brothers project does not offer indoor seating the forecasts from these "per ksf" trip rates may be somewhat helpful in understanding the trip generation characteristic of the Dutch Brothers project.

Dutch Brothers Data. As an alternative method, we have assembled available trip generation information specific to the current prototype Dutch Brothers operation (i.e., 950 sf with dual drive-thru aisles) and determined a.m. and p.m. peak hour trip generation forecasts from that perspective. As noted in Table 1, a 3853 Taylor Road, Suite G • Loomis, CA 95650 • (916) 660-1555

Mr. Russ Orsi
DutchBrM
November 22, 2022
Page2
2019 report prepared by another firm included a survey of a similar Dutch Brothers site in Stockton, California, and our firm surveyed four Dutch Brothers sites in Northern California 2020-2022, including recent work for a 950 sf project on Howe Avenue in Sacramento California. Average weekday a.m. and p.m. peak hour trip generation rates were created from that data, and these results generally fall between the rates identified by Code 938 {10111 Edition) and Code 937 in the morning peak hour but are higher than either rate in the evening peak hour.

Typical Duteh Brothers Peak Hour Trip Generation Forecasts. As indicated in Table I, we have estimated that the typical Dutch Brothers Kiosk could generate 142 trips in the a.m. peak hour (7:00 to 9:00 a.m.) and 123 trips in the evening peak hour (4:00 to 6:00 p.m.).

Daily Trip Geueration. Data specific to the Dutch Brothers coffee restaurants is not available on a daily basis, and we have typically estimated the business's daily trip generation based on the characteristics of other coffee related uses. The sum of a.m. and p.m. peak hour trip generation rates has been compared to the available daily trip generation rates for similar uses to suggest a factor that can be applied to the available Dutch Brothers peak hour data. For Code 938, IO"' Edition (small kiosks) the sum of peak hour rates represents 21.3% of the daily rate. Using I 1111 Edition data the two peak periods are 30.6% of the daily rate.

For Code 937 (Coffee Shop with seating), the sum equals 23.4% of the daily traffic, while for Code 934 (Fast-Food with Drive-Thru), the sum is equal to 16.6 % of the daily trip generation. The lower the percentage the more traffic caused during non-peak hours. Based on these relationships we conservatively estimate that the sum of Dutch Brothers a.m. and p.m. peak hour trip generation forecasts would be 16% of its daily traffic. We estimate that Dutch Brothers will generate 1,656 daily trips (i.e., {142+123) / 0.16 ~ 1,656).

Pass-by Trips. A share of the trips generated by retail and service-related uses is often drawn from the stream of traffic already passing the business. These "pass-by" trips would be made by customers who simply tum into and out of Dutch Brothers as a part of another trip. The !TE Trip Genera/ion Handbook, 3"' Edition presents pass-by trip rates based on interviews with patrons at various businesses, and this data was reviewed. In this case pass-by rates for two land use categories may be applicable. Pass-by rates are presented for Code 938, 10111 Edition, and pass-by trips comprised 89% of the p.m. peak hour trips made at the small coffee kiosks included in that study. Similarly, pass-by trip rates for Code 934 Fast-Food Restaurant with Drive-Thru are 49% of the a.m. and 50% of the p.m. trips for that use.

Recognizing that the pass-by trip characteristics of Dutch Brothers likely fall somewhere between these two published rates, we anticipate that 75% of the trips generated by the Dutch Brothers restaurant will be pass-by / diverted linked trips drawn from adjoining streets. Thus, for a 950 sf Dutch Brothers kiosk 106 a.m. peak hour and 92 p.m. peak hour trips would be pass-by. The remaining 36 a.m. and 31 p.m. peak hour trips would be made by customers for the primary purpose of visiting Dutch Brothers.

Dutch Brothers Queuing
Drive-thru Lane Queueing Observations. We have assembled available information regarding the queuing characteristics of Dutch Brothers restaurants with dual drive-thru aisles. As indicated in Table 2 (attached), drive-thru queues were measured at five Northern California Dutch Brothers kiosk restaurants.

Each is equipped with dual entry aisles, each provides peak period in-line service to reduce headways, and each has an exit pass-thru lane that allows customers who have been serviced in line to proceed. During /(:1)

Mr. Russ Orsi
Dutch Bros
November 22, 2022
Page3
peak periods Dutch Brothers managers regularly position 2-3 staff with ordering tablets in line to expedite service and deliver product. The proposed site plan includes sidewalk along the drive-thru and a raised median between queue lanes to facilitate this activity. Table 2 identifies the maximum queue observed behind the ordering board in each lane at four locations and the maximum number of total vehicles queueing at one time. As shown, the largest number of concurrent vehicles at four sites was in a range of 13 to 15 vehicles. ·
An in-depth queue survey was conducted recently for a new Dutch Brothers in Sacramento on Howe Avenue. That work addressed queuing throughout a weekday and a Saturday. The data was collected on 5-minute intervals and both the maximum observed queue and the 85th percentile queue were identified within each of six time periods. As indicated, the 85th percentile queue during all six time periods was 18 vehicles or less, while the maximum observed queue reached 23 vehicles at one point.

Thank you for contacting our firm. Please feel free to contact me if you have any questions.

Sincerely,
KD Anderson & Associates, Inc.

Kenneth D. Anderson, P.E.

President
Attachments: Tables I - 2
DutchBrlXIKnTnpGUlandQut:11m3,l1t

TABLEl

DUTCH BROTHERS TRIP GENERATION RATES /TYPICAL FORECASTS AM Peak Hour PM Peak Hour
Size Rate Pass-by Rate Pass-by
Location ,,n Dailv Inbound Outbound Tri•s nerksf Rate Inbound Outbound Tri- =rksf Rate Dutch Brothers Doto S. ecilic to BOo+ •' model with dual drive-thru Stockton, CA1 810 53% 47% 120 148.10 44% 56% 70 86.42
Sacramento, CA2 865 48"/o 52% 120 138.72 47% 53% 112 129.48 Roseville, CA' 865 52% 48% 114 131.79 50% 50% 66 76.30
Turlock, CA 4 835 52% 48% 145 173.65 50% 50% 162 194.01 Sacramento, CA 5 950 50% 50% 145 152.63 55% 45% 152 160.00 Average 51% 49% 129 148.98 49"/4 SI% 112 129.24
Trio Generation Proiedions for T"nical Dutch Brothers Coffee 950 1,656 72 70 J.12 148.98 60 63 123 129.24
Dutch Brothers Pass-by 54 52 106 75%1" 45 47 92 75%10
Primary 18 18 36 IS 16 31
Dut~h Brothen Proiect Trip Generation based on ITE rates, 11111 Edition ITE937 0.95 507 42 40 82 85.80 19 172 37 38.99
ITE938 2 lanes 358 40 40 80 39.81 15 15 30 15.03
ITEDota
!TE Code 9386 2,000.00 50o/o 50o/o 10 to 60 337.04 50% 50% 83.33 89% ITE Code 9387 179.00 50% 500/o 50 to 150 39.81 500/o SO"lo 5toll0 15.03 ITE Code 937' 533.57 51% 49"/o 50 to 400 85.80 50% SO% 30to 150 38.99 ITE Code 9349 467.48 51% 49"/o 20 to S00 44.61 49% 52% 48"/o 20to400 33.03 50% 1 Crane Transportation Group, survey of Stockton CA site 10/3/2019. 2 4250 El Camino Avenue, Sacramento, CA 11/3/2020. 3 2348 Sunrise Blvd, Roseville, CA ll/3/2020 4 1201 W. Monte Vista Ave, Turlock, CA. ''1234 Howe Avenue 4/27/2022 • Coffee I Donut Shop with Drive-Thru and No Indoor Dining. 10" Edition All samples are Kiosks of I 00 sf 7 Coffee/ Donut Shop with Drive-Thru and No Indoor Dining. 11 Edition. 8 Coffee / Donut Shop with Drive-Thru. Samples ranged from 1,000 to 2,500 sf • Fast-Food Restaurant with Drive-Thru. 10 assumed average of rates for Code 938 and Code 934 values t:h

TABLE2
DUTCH BROfflERS DRIVE-THRU QUEUES AND PARKING w1m DUAL DRIVE-THRU Observed Drive-17rru Queues
Peak Hour Pick Up Entr, Aisle Total
Location Time Period Window #1 #2 Vehicles
Sacramento, CA AM 3 s s 13
PM 3 7 s 15
Roseville, CA AM 2 6 s 13
PM 2 3 2 7
Stockton, CA AM - 6 9 JS
PM - 7 6 13
Turlock,CA AM 7 3 2 12
PM 7 4 5 16
ast• % queue Max queue
Weekday AM 18 21
Weekday Noon 13 17
1234 Howe Avenue Weekday PM 16 18
Sacramento, CA Saturdav AM 18 23
Saturday Noon 18 20
Saturday PM 14 16
Dutch Brothers Parking Utilization
Time Parked Vehicles
Weekday Saturday
7:00 a.m. 7 - 8:00 7 .
9:00 13 9
Dutch Brothers at
10:00 7 12
1234 Howe Avenue 11:00 8 13
Sacramento, CA Noon 10 13
1:00p,m, 9 IS
2:00 10 17
3:00 11 14
4:00 13 13
5:00 11 12
6:00 II 10

DocuSign Envelope ID: 34D5DFFG-FBD1-44FD-A281-205AB10A3ECE

CITY OF LIVINGSTON

PLANNING DEPARTMENT DEVELOPMENT APPLICATION
For City Use Only
Application # D.ltcSubmillcd ____________ _
Rccc:iv~By
Asalg:acd To Fee/Deposit Submincd ___________ _
Project Account #
Application Type {check all that apply):
= X Conditional Use Permit Major Subdivision/Tentative Map _ Minor Subdivision/Parcel Map (4 lots or less) .!, Design Review
_ Development Plan
_ Sign Permit
Variance
Rezone
General Plan Amendment Other ________ _
Project Information: 950 SF Dutch Bros Coffee
Proposed Project Name: CA1208 - Dutch Bros Livingston, CA Project Address 495 Joseph Gallo Court, Livingston, CA
Project Parcel N11mber_.,.0.::22=.·.;:;0.:20:.-.;:;0..:.10:.-00=0=------,------,=-=-==-=-=---=---=-...,..----- Project Description (be specific, use additional pages if necessary) 950 SF Dutch Bros Coffee Name
Owner
Mi
Information:
ni: 0&116 JEG Livingston
~
SaAeea LP
Adaress PO Box 775
Cfty Atwater Sfate CA ZlpCede_.=;.953=0'-'-1 ___ _ Phone _ __ Fax ________ E-mau _______ _ Sip'-.tH
(Original ink signature is r
I of8

DocuSign Envelope ID: 34D5DFFO-FBD1-44FD-A281-205AB10A3ECE Secondary Contact Information:

The Community Development Department will notify the applicant and one other individual of all proceedings regarding this application. Please supply the name, address, and phone number of the secondary contact person to receive such notification.

Name Sandy King - Barghausen Consulting Engineer, Inc.

Address 18215 72nd Avenue south
City Kent
Phone 426-656-7453

HAZARDOUS WASTE AFFIDAVIT
State WA Zip Code ....::9~8,,.03.,,2,,__ ___ _ Fax _________ E-mail [email protected] Government Code Section 65962.S(f) requires each applicant for any development project to consult the State Hazardous Waste and Substance Site List Based on this list available from the Community Development Department. the applicant is required to submit a signed statement to the City of Livingston indicating whether the project is located on a site which is included on the list before the City accepts the application as complete. If the project site is listed by the State as a hazardous waste or substance site, the applicant must fully describe the nature of the hazard and potential impacts on an attached sheet of paper. ln either situation, the applicant must complete and sign the affidavit in the space below.

I have been infonned by the City of Livingston ofmy responsibilities pursuant to Section 65962.5 to notify the City as to whether the site, for which a development application has been submitted, is located within an area which has been listed as a Hazardous Waste or Substance Site by the Office of Planning and Research, State of California.

Signature
_ The project site is located in an orea listed as a Hazardous Waste or Substance Site. i The project site is not in an area listed as a Hazardous Waste or Substance Site. aws of the State of California the foregoing is true and correct.

Date _ _,.-""--"-,<-= ...... --_...,=~---------

READ CAREFULLY IMPORTANT NOTICE
Processing of this application will not begin until the following statement bas been completed to the satisfaction of the Community Development Department:

I certify under penalty of perjury that lam the legal owner(s) (all individual owners must sign as they appear on the deed to the land), Corporate Officer(s) empowered to for the corporation, Owner's legal agent having power of attorney (a notarized Power of Attorney document must accompany this application), or the owner's authorized representative (include a letter of auth · · from the owner).

Oatc 1/4t/41
::.._ _____ Date
I hereby acknowledge that 1 have in cd all of the items listed above and understand that missing items may result in delaying the processing of my application. J further understand that by signing this document, I will be granting permission to the City to place a Project Notification Sign on the property for the duration of the application. 2of8

OocuSign Envelope ID: 34D5DFFO-FBD1-44FD-A2BM05AB10A3ECE

LETTER OF AUTHORIZATION
This form shall serve to notify the City of Livingston that I/we am/are the legal owner(s) of the property described in the attached application and do hereby authorize the person/furn shown below to file and represent my/our interest in the application(s) listed below.

Authorized Person Russ Orsi • Construction Manager
Name/Firm Dutch Bros, LLC
Address 110 SW 4th Street
City Grants Pass State _O_R ________ Zip Code ___ 97""'5...,2.,,6,.....,..__,...,....

Phone 916-765-7270 Fax E-maU [email protected]
Project Name CA 1208 • Dutch Bros Livingston, Ca Appllcatlon # _____ _ Project Address 495 Joseph Gallo Court. Livingston, CA
Legal Owners
I/we are the legal owners(s) of the said property; have read the foregoing letter of a\lthorization and know the contents thereof: and do hereby certify that the same is true of myfour own knowledge. I/we certify (or declare) \lndcr penalty of perjury under the laws of the State of California that the information contained in the above referenced application is true and correct.
;tz~!~~~. _· -=-·---~-P __________ _ l)ate --.l~-1 -....,....,_~----½----i ~.,._ ---===------------ - ------- Printed Name
Signature ___________ ------------------------------ ____ ___ _ ______ ______ _ _ - Dale---------------- ------------ ------ A letter signed by the property owner(s) may be subn,itted in lieu of this form. The letter must idendfy tl,e per/lOn being authorized to represent tire owner(s) and t/le application being submitted. 3 of 8

OocuSign Envelope IO: 34050FFO-FB01-44FD-A281-205AB10A3ECE

ENVIRONMENTAL INFORMATION
General Information:

Name (developer or project sponsor) _D,.u,.t,,.ch"-"'B,.,ro..,s,_. L.,,L.,C._--'R'-'u.,s.,.s"'O""r"'si'---------------- Address 110 SW 4th Street
City Grants Pass State .....:O~R~ _____ Zip Code_.,,_97,.,6,,,2.,.6 ____ _ Project Name CA1208 • Dutch Bros Livingston, CA
Project Address 495 Joseph Gallo Court, Livingston. CA
Assessor's Block and Lot Number Exlsting Zoning District 022-020-010-000 03 - Highway Service Commercial District Contact Information:

Name Russ Orsi
Address 110 SW 4th Street
City Grants Pass
Phone 916-765· 7270
425·656-7453
Project Specifics:

State _,0,.R'-'-_____ Zip Code 97526
Fax E-maU r-u""ss-".o"'r"'s1;..@~d~u-tch-b-ro-s-.com
[email protected]
Number of permit application(s) for the project this form pertains ___________ _ Describe the use of the Project.
950 SF Dutch Bros Coffee
List any other related permits and other public approvals required for this project, including those required by the city, regional, state, and federal agencies.

CUP and SP&DR
Site Size (acreage) _.....::.o·:.:8.::.6.::.a.::.c _____ Building Dimensions (square footage) _.:;_9.:;.50=---- Building Height (number offloors) 25 feet-1 story
Amount of off-street parking required and what is being provided.

Based on SF of bulldlng and number of employees per code. 19 spaces provided.

Proposed phasing plan (if applicable)
n/a
Anticipated incremental development. n/a

DocuSlgn Envelope ID: 34D5DFF0-FBD1-MFD-A2B1-205AB10A3ECE If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected. n/a -=----------·· ................ .

If commercial, indicate the type; whether neighborhood, city or regionally oriented; square footage of sales area, and loading facilities. . Located within city, 950 SF building to seive drive-through customers only. No indoor seating provided.

If industrial, indicate type, estimated employment per shift, and loading facilities. n/a
If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project. n/a If the project involves a variance, conditional use or rezoning application, state this and describe why the application is required.

CUP required for drive-through

ENVIRONMENTAL SETTING
Provide as much detail information for the following on a separate page and attach to this form.

Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, and any cultural, historical or science aspects. Describe and existing structures on the site, and the use of the structures. Attach photographs of the site; snapshots or Polaroid photos are acceptable.

Describe the surrounding properties, including information on plant and animals and any cultural, historical or science as [Ect. Indicate the type of land use (residential, commercial, Ect.), intensity of land use (single-family, apartment houses, shops, department stores, Ect.) and scale of development (height, frontage, setback, rear yard, Ect.). Attach photographs of the vicinity; snapshots or Polaroid photos are acceptable.

CERTIFICATION
I hereby certify that the statements furnished above and in the attached exhibits are true and correct to the best of my knowledge.
(t-- ..... , .,.._ "'""
D March 22, 2023 Signature ____ _.,.__,,"'""'"""""''---------- ate ___ _ 5 of'8

Attachment 5

CITY OF LWINGSTON

PROJECT & ENVIRONMENTAL REVIEW-PROJECT REFERRAL
DATE: April 14, 2023
TO:

State Agencies
{X) Caltrans Dist. l 0, Tom Dumas & Hilda Sousa (X)
( ) California Fish & Game Region 5, Craig Bailey ( )
( ) Regional Water Quality Control Board, Region 5 ( )
Local Agencies
(X) Charter Communication, Abel Davila (X)
(X) PG & E, Plan Review Team (X)
(X) Merced Union High School District, Melissa Miller (X) (X) Merced Irrigation District, Ann-Marie Felsinger (X) (X) Merced Irrigation District, Mike Morris ( )
(X) MID, [email protected] ( )
(X) MID, [email protected] ( )
(X) Merced Irrigation District, Kevin L. Malone (X)
(X) MCAG, Stacie Guzman
City Staff
(X) Interim City Manager, Christopher Lopez (X)
(X) City Engineer, Mario Gouveia (X)
(X) Gouveia Engineering, Noe Martinez (X)
(X) Building Inspector, Nick Gonzales (X)
(X) Recreation Superintendent, Jacquie Benoit (X)
(X) City Council (5) (X)
(X) City Hall Counter (X)
FROM: Miguel Galvez. Contract City Planner
SNAPCD
State Clearinghouse (15)
Other
Frontier Communications, Kirby Bernard
Livingston Unified School District, Nick Jones
U.S. Post Office, Sucha S. Attwal
Gilton Solid Waste, Ted Gilton
Merced County Planning, Mark Hendrickson
Merced County LAFCo, Bill Nicholson
Merced County Farm Bureau, Breanne Ramos
Livingston Library, Angelica Gomes
Merced County Fire, Rich Bohn - Fire Marshal
Merced County Fire, Brian White - Battalion Chief
Merced County Fire, Marie Pimentel - Battalion Chief
City Attorney, Christina Pritchard
Police Chief, FWD to: Deanna Soria
Public Works Director, Anthony Chavarria
Property Owner - JEG Livingston Ranch LLC
City of Livingston, 1416 C Street, Livingston, CA 95334 TYPE OF APPLICATION & PROJECT TITLE:

Conditional Use Application No. GPA 2023-02 and Site Plan and Design Review Application No, RZN 2023-03 - Dutch Brothers LLC, a request to develop a 950 square foot drive-thru coffee shop with outdoor seating and an eighty-foot high freeway oriented sign on a 0.9-acre vacant property located on the north side of Joseph Gallo Court, east of Winton Parkway in Livingston. CA (APN 022-020-010),. The subject property is zoned C-3, Highway Service Commercial and has a General Plan Designation of HC, Highway Commercial.

Additionally, the project includes a 35-space stacking que area, 15 on-site parking spaces, will be served with one vehicular entrance driveway onto Joseph Gallo Court. The coffee shop is proposed to be operated 24 hours per day, with 4 employees per shift and 3 shifts per day. The 80-foot high freeway-oriented sign is proposed to be located at the northeast comer of the subject property. 1

oriented sign is proposed to be located at the northeast comer of the subject property.

SURROUNDING LAND USES
Direction General Plan Zoning Districts Present Land Uses Deslon .. tion
North None None CaliforniaStateHi~hway99
West HC-Highway C-3, Highway Service Subway restaurant, office and vacant Commercial Commercial land.

South HC-Highway C-3, Highway Service Developed Joseph Gallo Court street Commercial Commercial right-of-way, Rancho San Miguel
Grocerv Store, vacant land.

East SC- Service C-3, Highway Service Vacant land with an irrigation lateral, a Commercial Commercial well site.

ENVIRONMENTAL ASSESSMENT
The project is deemed exempt per CEQA Section 15332 In-fill Development, meeting conditions (b) the proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses, and (e) the site can be served by all required utilities and public services.

ATTACHED REFERENCE MATERIALS: The materials attached to assist in the review of this project include:

Attachment A-1 - Aerial Vicinity
Attachment A-2 - Location Maps
Attachment B - APN Map
Attachment C - Existing General Plan Designation Map
Attachment D - Existing Zoning Map
Attachment E-1 - Project Application
Attachment E-2 - Site Plan
Attachment E-3 - Landscaping Plan
Attachment E-4- Floor Plan
Attachment E-5 - Building Elevations
Attachment E-6 - Signage Plan
Attachment F - Transportation Impact Assessment for Dutch Brothers Coffee Kiosk, Livingston, dated November 30, 2022.

Please review the attached application materials and submit your comments to me no later than May 151 2023, regarding required information, permits and/or approvals in consideration of this project.

Your comments should include any foreseeable problems which might be created by the project and any conditions you feel are necessary to the granting of approval. You may return a response by either completing the comment section below or writing a detailed letter and sending it to the Livingston Planning Department via fax: (209) 394-4190, email: [email protected], or regular mail: City of Livingston Planning Department, 1416 C Street, Livingston, CA 95334.

The response form is requested for our files; if you have no comments, please indicate that on this response form and return to the Livingston Planning Department.

RESPONSE REQUESTED BY: Miguel Galvez, Contract City Planner, City of Livingston, (209) 394-5510, Ext. 123.
2

Conditional Use Application No. GPA 2023-02 and Site Plan and Design Review Application No, RZN 2023-03 - Dutch Brothers LLC
******PLEASE COMPLETE THE FOLLOWING OR SUBMIT A SEPARATE COMMENT LETTER****** coMMENT(S)= Srr 4-1:,~U-~J) vtelv\.D D~rrD m-try 1~ u~3 f;,__ A-- .DrrA:1L~I) L,sr PF ,r,MS fi;~ rlhr:

NAME OF PERSON REVIBWING PROJECT, l.) {c,t M..,-1-t.,_ ? NAME OF AGENCY RESPONDING: &ovV~J 4":: C-AJl-t14.J,??;LJ,..J'1.

PHONE NUMBER: &,of} r5"'/- 3 3C) 0
E-MAIL ADDRESS: Y\~-h~2--e j9v>'ei4, ~ /ld:r I 11,. Co°'"\ Please review the attached application materials and submit your comments to me no later than May 15, 2023.
3

GOUVEIA ENGINEERING

MEMORANDUM
TO:

FROM:

Miguel Galvez, Contract City Planne\ ~ ( r J ' , A
Mario B. Gouveia, City Engllleer I\J ,tt i'v\..rh,.11 / 1 'j). f} r
SUBJECT: Engineering Response to the Project Referral for the Dutch Brothers LLC Project CUP 2023-02 and SPDR 2023-03 in Livingston, CA
DATE: May 15, 2023
CC: Christopher Lopez, Interim City Manager
The following are Engineering's comments and/or Conditions of Approval for Conditional Use Permit 2023-02 and Site Plan Design Review 2023-03 for the Dutch Brothers LLP Project in the City of Livingston.

CUP 2023-02 and SPDR 2023-03

1. The developer/applicant shall prepare improvement plans (separate from the building plans) for all applicable site development including, but not limited to, demolition, site grading and drainage, utilities, landscape, on-site and off-site (street frontage) improvements. Improvement plans shall be prepared based on topographical survey data as prepared by a qualified surveyor.

2. Public improvements shall confonn to the latest edition of the City Improvement Standards and Specifications and any modifications thereto approved by the City Engineer in place at the time of construction. Improvements shall confonn to other City adopted documents including the General Plan, Water Master Plan, Sewer Master Plan and Storm Water Master Plan. The work shall comply with all applicable State, Federal, and local laws·and regulations.

3. All existing and proposed easement and property lines shall be shown on the improvement plans.

4. Applicant shall prepare an Erosion Sediment Control Plan (ESCP) pursuant to the City of Livingston's MS4 Phase II Permit requirements for construction activities.

5. Unless exempt, prepare and provide volumetric sizing calculations, low development impact (LID) measures, operation and maintenance plan (O&M), and statement of responsibility agreement for storm water management in accordance with the City of Livingston's Post-construction Standards Plan and pursuant to the City's Phase II MS4 Permit requirements.

6. Unless exempt, prepare a Dust Control Plan (DCP) and file the Plan with the San Joaquin Valley Air Pollution Control District for construction activities pursuant to Regulation VIII (Rules 8011-8081 ).

7. A soils report prepared by a California registered geotechnical engineer with recommendations for the structural sections for parking lot pavement/slab, excavation, compaction, clearing and grubbing requirements, etc.
456 SIXTH STREET• GUSTINE, CALIFORNIA 95322 • TELEPHONE (209) 854-3300 • FAX (209) 854-3600

Memorandum
Page2

8. Prepare any applicable grading and encroachment permits for the project. Applicant shall pay the permit fee, plan check and inspection fees, and furnish improvement securities pursuant to the City's improvement standards, municipal code, and ordinances.

9. Applicant shall pay all applicable development impact fees for Municipal Facilities, Police, Fire Protection, Streets and Bridges, Water, Domestic Wastewater, Storm Drainage, and Parks.

10. The project parcel shall be annexed to all applicable assessment districts for the City of Livingston as determined by the City Planner.

11. Construct all proposed connections for dry utilities underground and within required easements by the respective utilities.

12. Construct site improvements within the Merced Irrigation District 40-ft easement as approved by the District. Provide written correspondence for approvals by the District to the City of Livingston.

13. Provide an ADA accessible path of travel as shown on the site plan for the project and pursuant to ADA standards.

14. On-site parking areas must be designed and constructed in accordance with City Standards and as required by the City f Livingston.

15. Construct street frontage improvements including, but not limited to, sidewalk, driveway approach, curb and gutter, street lighting, landscaping, striping and signage on Joseph Gallo Court to extend the length of the property as required and approved by the City of Livingston. Replace/repair any existing sidewalk, curb and gutter not meeting ADA and/or City standards within the length of the property line.

16. Construct parking lot lighting as required and approved by City Planning.

17. Storm runoff shall be contained to a collection point (s) within the project site and conveyed off-site via underground pipes connected to the existing 24-inch storm drain line on Joseph Gallo Court. Underground storage for storm runoff may be required for MS4 post-construction compliance with an overflow to the public storm drain system. The project's storm runoff shall be calculated and contained pursuant to the City standards and as approved by the City Engineer.

18. Connect to the existing 12-inch water main on Joseph Gallo Court for all proposed domestic, irrigation, and fire flows. Domestic and irrigation lines shall have separate metered connections to the water main. Water connections shall include shutoff valves, corporation stops, water meters, backflow preventers, post indicator valves, and fire department connections as applicable.

19. Connect to the existing 8-inch sewer main on Joseph Gallo Court for sanitary service and thrash enclosure floor drain. Provide a grease interceptor at all onsite kitchen connections.

20. Construct the proposed trash enclosure as required by City Planning and pursuant to the City standards with access as approved by the City's refuse contractor.

21. Construct fencing and gates as required and approved by City Planning.

22. Repairs to any damaged City Facilities such as road/alley pavement, valley gutter, sidewalk, curb and gutter caused by construction and construction-related activities shall be completed as required by the City of Livingston and at developer's sole cost.
456 SIXTH STREET• GUSTINE, CALIFORNIA 95322 • TELEPHONE (209) 854-3300 • FAX (209) 854-3600

Memorandum

23. Pay the fair share cost for the long term mitigation of project impacts as indicated in the Transportation Impact Assessment Memorandum dated November 30, 2022, prepared by KD Anderson & Associates for the Dutch Brothers Coffee Kiosk, Livingston, Ca. The project's fair share of traffic impacts shall be determined from additional traffic analysis prepared by the Applicant for review and approval by the City Engineer.
456 SIXTH STREET• GUSTINE, CALIFORNIA 95322 • TELEPHONE (209) 854-3300 • FAX (209) 854-3600

••.. ;. l\r111J MERCED IRRIGATION DISTRICT
WATER llc POWER
May 12, 2023
Martha Abeloe
Sr. Administrative Analyst
City of Livingston
Planning Department
1416 C Street
Livingston, CA 95334
Re: Conditional Use Application No. GPA 2023-02
Ms. Arredondo,
Attachment 6
The Merced Irrigation District (MID) has reviewed the above referenced Site Plan and offers the following comment:

1. MID operates and maintains the Garibaldi Lateral pipeline along the north side of the subject parcel within a 40' foot wide easement as described in Volume 3915 of Official Records at

2. The subject parcel (APN 022-020-010) is subject to the Deferred Fee Subdivision Drainage Agreement between the Merced Irrigation District for Merced Irrigation Drainage Improvement District No.I and Joseph E. Gallo Cattle Company. The agreement is recorded with the County of Merced, January 25, 2000, Volume 3964 of Official Records, at Page 222, Merced County Records.

MID requests that the City require, as a condition of approval, the following:

1. Provide MID with an easement for ingress and egress through the most convenient route within APN 022-020-010 for access to the Garibaldi pipeline along the north side of the parcel.

Thank you for the opportunity to comment on the above referenced application. If you have any questions, please contact me at 354-2882.

Sincerely,
~~1A.U
Mike Morris PLS
Survey Project Manager
12091722-5761 744 West 20111 Street Merced, California 95344-0288 Administration/ FAX (209) 722-6421 •Finance/ FAX (209) 722-1457 • Water Resources/ FAX (209) 726-4176 Energy Resources/ FAX (209) 726-7010 • Customer Service (209) 722-3041 / FAX (209) 722-1457

Pacific Gas and
Electric Company
Plan Review Team
Land Management
[email protected]
May 12, 2023
Martha Abeloe
City of Livingston
1416 C Street
Livingston, CA 95334
Re: Dutch Bros Coffee Conditional Use Application No. GPA 2023-02 Design Review Application No. RZN 2023-03
Dear Martha:

Attachment 7
Thank you for giving us the opportunity to review the subject plans. The proposed Dutch Bros Coffee is within the same vicinity of PG&E's existing facilities that impact this property.

The Dutch Bros Coffee plans proposes landscaping within the existing ten foot (1 O') wide Public Utility Easement (P.U.E.) over said parcel. Any landscaping planted within said P.U.E. must maintain a minimum five foot (5') horizontal clearance from PG&E's existing gas distribution main within said P.U.E. Trees, brush, and vegetation with invasive roots can cause unintended damage to underground utilities and may result in a significant safety hazard. The applicant must ensure all landscaping complies with said horizontal clearance.

Please contact the Building and Renovation Center (BRSC) for facility map requests by calling 1-877-743-7782 and PG&E's Service Planning department at www.pge.com/cco for any modification or relocation requests, or for any additional services you may require.

As a reminder, before any digging or excavation occurs, please contact Underground Service Alert (USA) by dialing 811 a minimum of 2 working days prior to commencing any work. This free and independent service will ensure that all existing underground utilities are identified and marked on-site.

If you have any questions regarding our response, please contact me at [email protected] Sincerely,
Justin Newell
Land Management
916-594-4068
PG&E Gas and Electric Facilities Page 1

Public
□
Attachment 8
Notice of Exemption Appendix E
To: Office of Planning and Research
P .0. Box 3044, Room 113
Sacramento, CA 95812-3044
From: (Public Agency): ___________ _
City of Livingston
County Clerk
1416 "C" Street, Livingston, CA 95334
County of: _M_e_rc_e_d ____ _ (Address)
2222 M Street
Merced, CA 95340
Project Title: CUP No. 2023-02 and SPDR No. 2023-03 - Dutch Brothers LLC.

Project Applicant: Dutch Brothers LLC
Project Location - Specific:
1222 B Street, Livingston, CA 95334
Project Location - City: _L_iv_i_n.o:gc..s_to_n ____ _ Project Location - County: _M_e_rc_e_d _____ _ Description of Nature, Purpose and Beneficiaries of Project:

Development of a 950 square foot commercial coffee house building, a 15 space parking lot, a drive-thru lane with a drive way containing room for a 35-space queuing area, and an BO-foot-high freeway oriented sign. The coffee house is proposed to be operated 24 hours a day.

Name of Public Agency Approving Project: _C_i..c.ty_o_f_L_iv_in~g~s_t_o_n _____________ _ Name of Person or Agency Carrying Out Project: _D_u_t_ch_B_ro_t_h_e_rs_L_L_C ____________ _ Exempt Status: (check one):
□ Ministerial (Sec. 21080(b)(1 ); 15268);
D Declared Emergency (Sec. 21080(b)(3); 15269(a));
□ Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
GJ Categorical Exemption. State type and section number: 15332 - In-fill Development □ Statutory Exemptions. State code number: ___________________ _ Reasons why project is exempt:

The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses, and the site can be served by all required utilities and public services.

Lead Agency .

Contact Person: Miguel Galvez Area Codeffelephone/Extension: 209-394-8041 If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a Notice of Exemption been filed by the public agency approving the project? • Yes No Signature: ___________ Date: July 19, 2023 Title: _C_it..c.y_P_l_an_n_e_r ____ _ • Signed by Lead Agency Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code.

Reference: Sections 21108, 21152, and 21152.1, Public Resources Code.

Date Received for filing at OPR: ____ _
Revised 2011
Print Form

Attachment g
PLANNING COMMISSION RESOLUTION 2023-07

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LIVINGSTON

RECOMMENDING TO THE CITY COUNCIL APPROVAL OF CONDITIONAL USE PERMIT APPLICATION NO. CUP 2023-02 TO DEVELOP A 950 SQUARE-FOOT COFFEE HOUSE, A 15-SPACE PARKING LOT, A 35-SPACE STACKING QUEUING AREA AND AN 80 FOOT

HIGH FREEWAY ORIENTED SIGN IN THE HIGHWAY COMMERCIAL ZONING DISTRICT ON PROPERTY LOCATED AT 495 JOSEPH GALLO COURT, LIVINGSTON, CA, (APN: 022-020-010).

WHEREAS, pursuant to Livingston Municipal Code ("LMC") Section 5-6-9, Joseph E. Gallo Livingston Ranches LP, owner, and Dutch Brothers, Inc., applicant, submitted Conditional Use Permit Application No. 2023-02 for the development of a 950-square foot coffee house with a 15- space parking lot, a 35-space queuing drive-thru and an 80-foot-high freeway oriented sign on property located on the north side at the eastern end of Joseph Gallo Court at 945 Joseph Gallo Court, Livingston, CA (Assessor Parcel Number 022-020-01 O); and WHEREAS, the project site is zoned C-3 (Highway Commercial), and has a General Plan designation of HC, Highway Commercial according to the official Zoning Map of the City of Livingston and the 1999 Livingston General Plan; and
WHEREAS, LMC Section 5-3-15 - Table 3 - Commercial Uses, development of a restaurant with a drive-in in the C-3 zone may be permitted after approval of a Conditional Use Permit by the Planning Commission.

WHEREAS, With approval of a Use Permit application, the applicant is allowed one freeway-. oriented sign with a maximum height of 80 feet and a maximum of 500 square feet per side in addition to signage allowed under Section 4-2-9 of the Livingston Municipal Code.

WHEREAS, LMC Section 5-6-7 requires the approval of a Site Plan and Design Review application for new structures within the C-3 zoning district to assure compatibility, harmony in appearance in neighborhoods, reduction of negative impacts of nonaesthetic development, and orderly development of the community; and
WHEREAS, a public hearing for the proposed project has been properly noticed by posting, a newspaper ad, and a mailing to adjacent properties within 300 feet of the site; and WHEREAS, the proposed project is categorically exempt from the California Environmental Quality Act ("CEQA") under Section 15332 In-fill Development, meeting conditions (b) the proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses, and (e) the site can be served by all required utilities and public services; and
WHEREAS, staff has reviewed the project with reference to the 1999 General Plan and the Zoning Ordinance (specifically Sections 5-6-7 "C" thru "E"); and finds that, based on the evidence documented within the associated staff report and proceedings of the public hearing, the proposed use, its site plan, and design, is generally consistent with the General Plan, is permitted and complies with the Zoning Ordinance in that the site plan and design meets the standards and requirements; and
1

WHEREAS, the following findings listed in LMC Section 5-6-9 (I) for approving the Use Permit can be made as follows:
(a) The site for the proposed use is adequate in size and shape to accommodate said use and all yards, spaces, walls and fences, parking, loading, landscaping, and other features required by the applicable zoning district;
The proposed site plan, and elevations for the proposed coffee house meets all development standards in the C-3, Highway Commercial zoning district. (b) The site for the proposed use is served by streets and highways adequate to carry the quantity and kind of traffic generated by the proposed use; The site fronts on Joseph Gallo Court, a developed public street that was designed to carry the traffic of the proposed commercial land use. (c) Public facilities are currently adequate to serve the proposed use or improvements are included in an approved capital improvement plan or otherwise will be complete prior to the issuance of building permits; and
Public Facilities and utilities are available and adequate to serve the subject site. (d) The proposed development is consistent with the general plan. If granted, it should be made subject to those conditions necessary to preserve the general welfare, not the individual welfare, of any particular applicant."
The proposed site plan, elevation, and conditions of approval will ensure that the development will conform to City development standards for development within the downtown commercial zoning district and preserve the general welfare of the community.

NOW, THEREFORE, BE IT RESOLVED that the Livingston Planning Commission hereby adopts Resolution 2023-07, recommending City Council approval of Conditional Use Permit application No. CUP 2023-02 - development of a 950-square foot coffee house with a 15-space parking lot, a 35-space queuing drive thru, and an BO-foot-high freeway-oriented sign on property located on the north side at the eastern end of Joseph Gallo Court at 945 Joseph Gallo Court.

BE IT FURTHER RESOLVED that the Conditions of Approval with Planning Commission Resolution 2023-07, Exhibit A, are hereby recommended for approval. 2

The foregoing resolution was introduced and moved for adoption on June 13, 2023, by Alternate Commissioner Flores, and being duly seconded by Commissioner Mendonca, was passed by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Chair Bob Wallis, Commissioner Renee Mendonca, and Alternate Commissioner Jose Flores
None
Vice-Chair Steve Bassi, Commissioner Harpreet Bains, and Commissioner Andres Fuentes
None
ATT~ ~c..-.~--
Cha1r, BOB WALLIS
Attachment:

Exhibit A: Conditions of Approval - CUP No. 2023-02 - Dutch Brothers Coffee House at 945 Joseph Gallo Court
3

Exhibit A
Conditions of Approval
CUP No. 2023-02 - Dutch Brothers Coffee House at 945 Joseph Gallo Court Planning Division Conditions

1. The development of the site shall be consistent with approved plans, elevations, and colors. Minor variations from approved plans, elevations, and colors may be allowed at the review and approval of City staff.

2. The Developer shall comply with all federal, state, and local laws, policies, standards, and requirements applicable to such a use and obtain a building permit and all other permits applicable to such a use and shall pay all fees and exactions applicable to such a use.

3. The Developer shall indemnify, defend and hold harmless the City and its officials, officers, employees, agents, and consultants from any and all legal or administrative actions or other proceedings challenging this approval or any subsequent approval associated with th is project

4. Prior to obtaining a sign permit from the Building Division, the Developer shall submit an application for a sign permit for all exterior signage on the property for City Planning staff to review and approve for consistency with the submitted site plan and City's signage regulations of the C-3, Service Commercial Zone District.

5. With approval of a Use Permit application, the applicant is allowed one freeway-oriented sign with a maximum height of 80 feet and a maximum of 500 square feet per side in addition to signage allowed-under Section 4-2-9 of the Livingston Municipal Code.

6. Prior to any grading, construction, or planting, or the erection of a pole sign within the MID easement, the developer shall receive approval from MID. Written approval from MID shall be delivered lo the City prior to the issuance of a building permit for such work.

7. Temporary construction fencing shall be required to be installed along the perimeter of all work under construction to separate the construction operation from the public. All construction activities shall be confined to within the fenced area. Construction materials and/or equipment shall not be operated or stored outside of the fenced area or within the public right-of-way unless approved in advance by the City Engineer.

8. The Developer shall comply with the adopted (currently 2022) California Uniform Building Codes.

9. The Developer shall comply with all requirements of the current adopted Fire Code for commercial structures as required by the City contracted Fire Department.

10. The Developer shall submit final landscape plans for City staff review and approval, specifying plant selections, size, and irrigation consistent with the preliminary landscape concept submitted as part of the application. Such plans shall be compliant with the State of California's current Model Water Efficiency Landscape Ordinance and requirements. 4

The developer shall pay the landscape and irrigation plan review and inspection fees to ensure installation was done according to approved plans.

11. All exterior lighting fixtures shall be noted on an exterior lighting plan subject to staff review and approval, and such lighting shall be shielded and directed to areas on the subject property itself and shall avoid shinning toward adjacent properties and State Route 99.

12. The Developer and/or operator shall submit the plans for the trash enclosures for City staff review and approval after access to the enclosures have been approved by Gilton Solid Waste Management.

13. Prior to the issuance of the Certificate of Occupancy, the Developer shall annex this Project site into the Community Facilities District (CFO) No. 2017-01, including payment of administrative costs associated with the annexation proceedings.

14. The Developer and/or Operator shall keep the site free from trash and debris and shall maintain the premises in a clean and orderly manner.

City Engineering Conditions

15. The developer/applicant shall prepare improvement plans (separate from the building plans) for all applicable site development including, but not limited to, demolition, site grading and drainage, utilities, landscape, on-site and off-site (street frontage) improvements. Improvement plans shall be prepared based on topographical survey data as prepared by a qualified surveyor.

16. Public improvements shall conform to the latest edition of the City Improvement Standards and Specifications and any modifications thereto approved by the City Engineer in place at the time of construction. Improvements shall conform to other City adopted documents including the General Plan, Water Master Plan, Sewer Master Plan and Storm Water Master Plan. The work shall comply with all applicable State, Federal, and local laws and regulations.

17. All existing and proposed easement and property lines shall be shown on the improvement plans.

18. Applicant shall prepare an Erosion Sediment Control Plan (ESCP) pursuant to the City of Livingston's MS4 Phase II Permit requirements for construction activities.

19. Unless exempt, prepare and provide volumetric sizing calculations, low development impact (LID) measures, operation and maintenance plan (O&M), and statement of responsibility agreement for storm water management in accordance with the City of Livingston's Post-construction Standards Plan and pursuant to the City's Phase II MS4 Permit requirements.

20. Unless exempt, prepare a Dust Control Plan (DCP) and file the Plan with the San Joaquin Valley Air Pollution Control District for construction activities pursuant to Regulation VIII (Rules 8011-8081).
5

21. A soils report prepared by a California registered geotechnical engineer with recommendations for the structural sections for parking lot pavement/slab, excavation, compaction, clearing and grubbing requirements, etc.

22. Prepare any applicable grading and encroachment permits for the project. Applicant shall pay the permit fee, plan check and inspection fees, and furnish improvement securities pursuant to the City's improvement standards, municipal code, and ordinances.

23. Applicant shall pay all applicable development impact fees for Municipal Facilities, Police, Fire Protection, Streets and Bridges, Water, Domestic Wastewater, Storm Drainage, and Parks.

24. The project parcel shall be annexed to all applicable assessment districts for the City of Livingston as determined by the City Planner.

25. Construct all proposed connections for dry utilities underground and within required easements by the respective utilities.

26. Construct site improvements within the Merced Irrigation District 40-ft easement as approved by the District. Provide written correspondence for approvals by the District to the City of Livingston. ·

27. Provide an ADA accessible path of travel as shown on the site plan for the project and pursuant to ADA standards.

28. On-site parking areas must be designed and constructed in accordance with City Standards and as required by the City f Livingston.

29. Construct street frontage improvements including, but not limited to, sidewalk, driveway approach, curb and gutter, street lighting, landscaping, striping and signage on Joseph Gallo Court to extend the length of the property as required and approved by the City of Livingston. Replace/repair any existing sidewalk, curb and gutter not meeting ADA and/or City standards within the length of the property line.

30. Construct parking lot lighting as required and approved by City Planning.

31. Storm runoff shall be contained to a collection point (s) within the project site and conveyed off-site via underground pipes connected to the existing 24-inch storm drain line on Joseph Gallo Court. Underground storage for storm runoff may be required for MS4 postconstruction compliance with an overflow to the public storm drain system. The project's storm runoff shall be calculated and contained pursuant to the City standards and as approved by the City Engineer.

32. Connect to the existing 12-inch water main on Joseph Gallo Court for all proposed domestic, irrigation, and fire flows. Domestic and irrigation lines shall have separate metered connections to the water main. Water connections shall include shutoff valves, corporation stops, water meters, backflow preventers, post indicator valves, and fire department connections as applicable.

33. Connect to the existing 8-inch sewer main on Joseph Gallo Court for sanitary service and thrash enclosure floor drain. Provide a grease interceptor at all onsite kitchen connections. 6

34. Construct the proposed trash enclosure as required by City Planning and pursuant to the City standards with access as approved by the City's refuse contractor.

35. Construct fencing and gates as required and approved by City Planning.

36. Repairs to any damaged City Facilities such as road/alley pavement, valley gutter, sidewalk, curb and gutter caused by construction and construction-related activities shall be completed as required by the City of Livingston and at developer's sole cost.

37. Pay the fair share cost for the long term mitigation of project impacts as indicated in the Transportation Impact Assessment Memorandum dated November 30, 2022, prepared by KO Anderson & Associates for the Dutch Brothers Coffee Kiosk, Livingston, CA The project's fair share of traffic impacts shall be determined from additional traffic analysis prepared by the Applicant for review and approval by the City Engineer.

Merced Irrigation District (MID)

38. Provide MID with an easement for ingress and egress through the most convenient route within APN 022-020-010 for access to the Garibaldi pipeline along the north side of the parcel.

Pacific Gas and Electricity (PG&E)

39. The Dutch Bros Coffee plans proposes landscaping within the existing ten-foot (10') wide Public Utility Easement (P.U.E.) over said parcel. Any landscaping planted within said P.U.E. must maintain a minimum five-foot (5') horizontal clearance from PG&E's existing gas distribution main within said P.U.E. Trees, brush, and vegetation with invasive roots can cause unintended damage to underground utilities and may result in a significant safety hazard. The applicant must ensure all landscaping complies with said horizontal clearance.

40. Please contact the Building and Renovation Center (BRSC) for facility map requests by calling 1-877-743-7782 and PG&E's Service Planning department at www.pge.com/cco for any modification or relocation requests, or for any additional services you may require.

41. As a reminder, before any digging or excavation occurs, please contact Underground Service Alert (USA) by dialing 811 a minimum of 2 working days prior to commencing any work. This free and independent service will ensure that all existing underground utilities are identified and marked on-site.
7

Attachment 10
PLANNING COMMISSION RESOLUTION 2023-08

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LIVINGSTON

RECOMMENDING TO THE CITY COUNCIL APPROVAL OF SITE PLAN AND DESIGN REVIEW NO. SPDR 2023-03 TO DEVELOP A 950 SQUARE FOOT COFFEE HOUSE, A 15-SPACE PARKING LOT, A 35-SPACE STACKING QUEUING AREA AND AN 80-FOOTHIGH FREEWAY ORIENTED SIGN IN THE HIGHWAY COMMERCIAL ZONING DISTRICT ON PROPERTY LOCATED AT 495 JOSEPH GALLO COURT, LIVINGSTON, CA, (APN: 022-020-010).

WHEREAS, pursuant to Livingston Municipal Code ("LMC") Section 5-6-7, Joseph E. Gallo Livingston Ranches LP, owner, and Dutch Brothers, Inc., applicant, submitted Site Plan and Design Review Application No. SPDR 2023-03 for the development of a 950-square foot coffee house with a 15-space parking lot, a 35-space queuing drive-thru, and an 80-foot-high freeway oriented sign on property located on the north side and at the eastern end of Joseph Gallo Court at 945 Joseph Gallo Court, Livingston, CA (Assessor Parcel Number 022-020-010); and
WHEREAS, the project site is zoned C-3 (Highway Commercial), and has a General Plan designation of HC, Highway Commercial according to the official Zoning Map of the City of Livingston and the 1999 Livingston General Plan; and
WHEREAS, LMC Section 5-3-15 - Table 3- Commercial Uses, development of a restaurant with a drive-in in the C-3 zone may be permitted after approval of a Conditional Use Permit by the Planning Commission; and
WHEREAS, under Section 4-2-9 of the Livingston Municipal Code, the applicant is allowed one freeway-oriented sign with a maximum height of 80 feet and a maximum of 500 square feet per side, in addition to signage allowed in the C-3 zoning district, after approval of a Conditional Use Permit (CUP) application. CUP application No. 2023-02 was considered and approved by the Planning Commission on June 13, 2023; and
WHEREAS, LMC Section 5-6-7 requires the approval of a Site Plan and Design Review application for new structures within the C-3 zoning district to assure compatibility, harmony in appearance in neighborhoods, reduction of negative impacts of nonaesthetic development, and orderly development of the community; and
WHEREAS, a public hearing for the proposed project has been properly noticed by posting, a newspaper ad, and a mailing to adjacent properties within 300 feet of the site; and WHEREAS, the proposed project is categorically exempt from the California Environmental Quality Act ("CEQA") under Section 15332 In-fill Development, meeting conditions (b) the proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses, and (e) the site can be served by all required utilities and public services; and
WHEREAS, staff has reviewed the project with reference to the 1999 General Plan and the Zoning Ordinance (specifically Sections 5-6-7 "C" thru "E"); and. finds that, based on the evidence documented within the associated staff report and proceedings of the public hearing, the I

proposed use, its site plan, and design, is generally consistent with the General Plan, is permitted and complies with the Zoning Ordinance in that the site plan and design meets the zoning standards and requirements.

NOW, THEREFORE, BE IT RESOLVED that the Livingston Planning Commission hereby adopts Resolution 2023-08, recommending City Council approval of the Site Plan and Design Review Application No. 2023-03 - development of a 950-square foot coffee house with a 15- space parking lot, a 35-space queuing drive-thru and an 80-foot-high freeway oriented sign on property located on the north side at the eastern end of Joseph Gallo Court at 945 Joseph Gallo Court, including submitted site plan, floor plan, and elevations BE IT FURTHER RESOLVED that the Conditions of Approval within Planning Commission Resolution 2023-08, Exhibit A, are hereby recommended for approval.

The foregoing resolution was introduced and moved for adoption on June 13, 2023, by Alternate Commissioner Flores, and being duly seconded by Commissioner Mendonca, was passed by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Chair Bob Wallis, Commissioner Renee Mendonca, and Alternate Commissioner Jose Flores
None
Vice-Chair Steve Bassi, Commissioner Harpreet Bains, and Commissioner Andres Fuentes
None
ATTEST: • fu
Chai(igkbf,
Attachment:

Exhibit A:
s
Migu
Conditions of Approval - SPDR No. 2023-03 - Dutch Brothers Coffee House at 945 Joseph Gallo Court
2

Exhibit A
Conditions of Approval
SPDR No. 2023-03 - Dutch Brothers Coffee House at 945 Joseph Gallo Court Planning Division Conditions

1. The development of the site shall be consistent with approved plans, elevations, and colors. Minor variations from approved plans, elevations, and colors may be allowed at the review and approval of City staff.

2. The Developer shall comply with all federal, state, and local laws, policies, standards, and requirements applicable to such a use and obtain a building permit and all other permits applicable to such a use and shall pay all fees and exactions applicable to such a use.

3. The Developer shall indemnify, defend and hold harmless the City and its officials, officers, employees, agents, and consultants from any and all legal or administrative actions or other proceedings challenging this approval or any subsequent approval associated with this project

4. Prior to obtaining a sign permit from the Building Division, the Developer shall submit an application for a sign permit for all exterior signage on the property for City Planning staff to review and approve for consistency with the submitted site plan and City's signage regulations of the C-3, Service Commercial Zone District.

5. With approval of a Use Permit application, the applicant is allowed one freeway-oriented sign with a maximum height of 80 feet and a maximum of 500 square feet per side in addition to signage allowed under Section 4-2-9 of the Livingston Municipal Code.

6. Prior to any grading, construction, or planting, or the erection of a pole sign within the MID easement, the developer shall receive approval from MID. Written approval from MID shall be delivered to the City prior to the issuance of a building permit for such work.

7. Temporary construction fencing shall be required to be installed along the perimeter of all work under construction to separate the construction operation from the public. All construction activities shall be confined to within the fenced area. Construction materials and/or equipment shall not be operated or stored outside of the fenced area or within the public right-of-way unless approved in advance by the City Engineer.

8. The Developer shall comply with the adopted (currently 2022) California Uniform Building Codes.

9. The Developer shall comply with all requirements of the current adopted Fire Code for commercial structures as required by the City contracted Fire Department.

10. The Developer shall submit final landscape plans for City staff review and approval, specifying plant selections, size, and irrigation consistent with the preliminary landscape concept submitted as part of the application. Such plans shall be compliant with the State of California's current Model Water Efficiency Landscape Ordinance and requirements. 3

The developer shall pay the landscape and irrigation plan review and inspection fees to insure installation was done according to approved plans.

11. All exterior lighting fixtures shall be noted on an exterior lighting plan subject to staff review and approval, and such lighting shall be shielded and directed to areas on the subject property itself and shall avoid shinning toward adjacent properties and State Route 99.

12. The Developer and/or operator shall submit the plans for the trash enclosures for City staff review and approval after access to the enclosures have been approved by Gilton Solid Waste Management.

13. Prior to the issuance of the Certificate of Occupancy, the Developer shall annex this Project site into the Community Facilities District (CFD) No. 2017-01, including payment of administrative costs associated with the annexation proceedings.

14. The Developer and/or Operator shall keep the site free from trash and debris and shall maintain the premises in a clean and orderly manner.

City Engineering Conditions

15. The developer/applicant shall prepare improvement plans (separate from the building plans) for all applicable site development including, but not limited to, demolition, site grading, and drainage, utilities, landscape, on-site and off-site (street frontage) improvements. Improvement plans shall be prepared based on topographical survey data as prepared by a qualified surveyor.

16. Public improvements shall conform to the latest edition of the City Improvement Standards and Specifications and any modifications thereto approved by the City Engineer in place at the time of construction. Improvements shall conform to other City adopted documents including the General Plan, Water Master Plan, Sewer Master Plan, and Storm Water Master Plan. The work shall comply with all applicable State, Federal, and local laws and regulations.

17. All existing and proposed easement and property lines shall be shown on the improvement plans.

18. Applicant shall prepare an Erosion Sediment Control Plan (ESCP) pursuant to the City of Livingston's MS4 Phase II Permit requirements for construction activities.

19. Unless exempt, prepare and provide volumetric sizing calculations, low development impact (LID) measures, operation and maintenance plan (O&M), and statement of responsibility agreement for storm water management in accordance with the City of Livingston's Post-construction Standards Plan and pursuant to the City's Phase II MS4 Permit requirements.

20. Unless exempt, prepare a Dust Control Plan (DCP) and file the Plan with the San Joaquin Valley Air Pollution Control District for construction activities pursuant to Regulation VIII (Rules 8011-8081).
4

21. A soils report prepared by a California registered geotechnical engineer with recommendations for the structural sections for parking lot pavement/slab, excavation, compaction, clearing, and grubbing requirements, etc.

22. Prepare any applicable grading and encroachment permits for the project. Applicant shall pay the permit fee, plan check, and inspection fees, and furnish improvement securities pursuant to the City's improvement standards, municipal code, and ordinances.

23. Applicant shall pay all applicable development impact fees for Municipal Facilities, Police, Fire Protection, Stre!,!ts and Bridges, Water, Domestic Wastewater, Storm Drainage, and Parks.

24. The project parcel shall be annexed to all applicable assessment districts for the City of Livingston as determined by the City Planner.

25. Construct all proposed connections for dry utilities underground and within required easements by the respective utilities.

26. Construct site improvements within the Merced Irrigation District 40-ft easement as approved by the District. Provide written correspondence for approvals by the District to the City of Livingston.

27. Provide an ADA-accessible path of travel as shown on the site plan for the project and pursuant to ADA standards.

28. On-site parking areas must be designed and constructed in accordance with City Standards and as required by the City of Livingston.

29. Construct street frontage improvements including, but not limited to, sidewalk, driveway approach, curb and gutter, street lighting, landscaping, striping, and signage on Joseph Gallo Court to extend the length of the property as required and approved by the City of Livingston. Replace/repair any existing sidewalk, curb, and gutter not meeting ADA and/or City standards within the length of the property line.

30. Construct parking lot lighting as required and approved by City Planning.

31. Storm runoff shall be contained to a collection point (s) within the project site and conveyed off-site via underground pipes connected to the existing 24-inch storm drain line on Joseph Gallo Court. Underground storage for storm runoff may be required for MS4 postconstruction compliance with an overflow to the public storm drain system. The project's storm runoff shall be calculated and contained pursuant to the City standards and as approved by the City Engineer.

32. Connect to the existing 12-inch water main on Joseph Gallo Court for all proposed domestic, irrigation, and fire flows. Domestic and irrigation lines shall have separate metered connections to the water main. Water connections shall include shutoff valves, corporation stops, water meters, backflow preventers, post indicator valves, and fire department connections as applicable.

33. Connect to the existing 8-inch sewer main on Joseph Gallo Court for sanitary service and thrash enclosure floor drain. Provide a grease interceptor at all onsite kitchen connections. 5

34. Construct the proposed trash enclosure as required by City Planning and pursuant to the City standards with access as approved by the City's refuse contractor.

35. Construct fencing and gates as required and approved by City Planning.

36. Repairs to any damaged City Facilities such as road/alley pavement, valley gutter, sidewalk, curb, and gutter caused by construction and construction-related activities shall be completed as required by the City of Livingston and at the developer's sole cost.

37. Pay the fair share cost for the long-term mitigation of project impacts as indicated in the Transportation Impact Assessment Memorandum dated November 30, 2022, prepared by KO Anderson & Associates for the Dutch Brothers Coffee Kiosk, Livingston, CA. The project's fair share of traffic impacts shall be determined from additional traffic analysis prepared by the Applicant for review and approval by the City Engineer.

Merced Irrigation District (MID)

38. Provide MID with an easement for ingress and egress through the most convenient route within APN 022-020-010 for access to the Garibaldi pipeline along the north side of the parcel.

Pacific Gas and Electricity (PG&E)

39. The Dutch Bros Coffee plans proposes landscaping within the existing ten-foot (10') wide Public Utility Easement (P.U.E.) over said parcel. Any landscaping planted within said P.U.E. must maintain a minimum five-foot (5') horizontal clearance from PG&E's existing gas distribution main within said P.U.E. Trees, brush, and vegetation with invasive roots can cause unintended damage to underground utilities and may result in a significant safety hazard. The applicant must ensure all landscaping complies with said horizontal clearance.

40. Please contact the Building and Renovation Center (BRSC) for facility map requests by calling 1-877-743-7782 and PG&E's Service Planning department at www.pge.com/cco for any modification or relocation requests, or for any additional services you may require.

41. As a reminder, before any digging or excavation occurs, please contact Underground Service Alert (USA) by dialing 811 a minimum of 2 working days prior to commencing any work. This free and independent service will ensure that all existing underground utilities are identified and marked on-site.
6

STAFF REPORT
AGENDA ITEM: Livingston All Class Reunion Fee Waiver Request MEETING DATE: July 18, 2023
PREPARED BY: Jacquelyn Benoit, Recreation Superintendent REVIEWED BY: Christopher Lopez, Interim City Manager
RECOMMENDATION:

Staff recommends council provide direction for a fee waiver for Memorial Park use for the Livingston High School All Class Reunion to be held September 23, 2023.

BACKGROUND AND
On January 18, 2023 Diane Dallas of the Livingston High School All Class Reunion group submitted a facility use form to staff for the use of Memorial Park Facilities to include the kitchen for their All Class Reunion on September 23, 2023.

Previously, the committee has used the park for various events with no issues or complaints. As part of the City’s requirements, the group will be required to obtain and provide an insurance certificate. Additionally, Alcohol will not be permitted in the park and all other rules and requirements are required for the use of the facility.

The City of Livingston has a Parks and Recreation Fee policy in place which was adopted in 2008 and is attached for reference. The fee policy states, “Special non-profit groups/organizations, schools or organizations providing a free service to the community identified by the Recreation Department may be granted special consideration in the form of reduced rates or free services.”
According to the policy, “It is understood that on occasion special consideration may be needed in determining fees for groups or individual having circumstances uncommon to those in the fee structure criteria. In these cases, the City Council or City Manager will approve those requests.

Requests for a variance shall be submitted in writing to the City Manager 30 days prior to the date of promotion.”
DISCUSSION:

The City Council has the discretion to approve or deny the waiving of fees for facility use. Staff recommends the following three (3) options for City Council consideration:

1. Allow the Livingston High School All Alumni Reunion group to use Memorial Park and waive any and all fees

2. Deny the waiving of fees

3. Continue the item or provide alternative direction

FISCAL IMPACT:

Loss of fee revenue.

ATTACHMENTS:

1. Park Rental Request

2. City of Livingston Parks and Recreation Fee Policy

CITY OF LIVINGSTON USE PERMIT • Park Picnic Sheller Rental Agreement ppdated 3/.2022 __ Arakclian Park X Memorial Park ')I(_ Memorial Park Stage '/.... Memorial Park Kitchen __ Max Foster Sports Complex __ Joseph Galfol __ Joseph Gallo 2 __ Joseph Gallo 3 Rental Reguests must be made a minimum of 7 days prior to usage with payment lo Full. NO EXCEPTIONS Rental Date 9 -~6 - o23 Time: _____ am /pm to 9 am,€}
Arrival Time Includes set up/Departure Tim After Clean, up Renter's Name/Organization: s..L.J..l<l,,<L!:....:'=<--...1...1:JJ....L..!..:::s,...l.../--"'==~!_,L-f-....Ji,,..lL...l..-f-..?..k.JI..LL.L.M.J..!..·1 -.i.::::..~"""--1...l...~L--- I, 11,e gro11p or organi:.atio11 usi11g the facility will comp~l' with tire laws of 1/ie Stale of California, tire City of Livi11gsto11 and the codes and rules estahlished h_v the Livmgston Rt creatio11 Departme11t,

1. 77,e rental group will he respo11.sib/e for all persons in the gnmp or orga11ization and liability for all persons i11 attendance.

J. 77,e rental group must assume {,ability for any damages do11e to the facility or equipme/11, and w/1/ leave the foci/it~· in the satisfactory c011ditio11. Groups leaving the / aeility w1t/1011t dt•ani11g satisfactori/_l' will lose their deposit.

4. 71,e renta.l group will be respo,,sible to set! that no one i11 altendcmce 1,1 the facilitv d11ring their re11tal is under the influence of or has in their pm1sessio11, alcoltolic beverages or drugs.(Please 110/e that should any alcoltol or drugs be fou11d 011 the p1·emises, the re/Ila[ will be tenni11a1ed and NO money will be refunded!!)

5. 71,e group will vacate the facifit)' at the time designated on this applica1io11. RENTAL TIME INCLUDES SET UP AND CLEAN UP.

6. All activity shall be under co11trol a11d shall be operated and supervised to the satisfaction of the Recreation Department. If the activity is not operated or supervised 10 the satisfaction of the Recreat/011 Department Staff, It may result in the loss of co11.siderat,on of future requests from the sponsoring organization a11d /or cancellation of the activity at that lime.

7. n,e Recreation Departme111 resen•es the right to shift activities to other facilities if available and necessary. Remer shall not s11ble1 reservation booking 10 any other party. Renter mus/ have a cop_v of a use permit in their possession during reservatio11 hours lpsurance: Insurance will be required for all fundraising events and all events that arc open to the public m:: that have an anticipated attendance of over 500 people (whether public or private). Insurance may be provided by a private carrier in the fonn of a Certificate of Insurance. Proof of insurance must be provided at least thirty (30) working days prior to an event or the event is subject to cancellanon. Pohcy must state the following: This insurance policy will not be cancelled without thirty (30) days prior written norir. to the City of Livingston. The City of Livingston is not liable for the payment of any premium or assessments on this policy. Thi: City of Livingston is named as additionally insured. Name and dote(s) of events being covered. GENERAL LIABILITY: Policy showing limits ofSl,000,000 comprehensive general liability insurance, and SS0,000 damage to property, PRODUCTS LIABILITY INSURANCE ENDORSEMENT (Food or beverage sold or given away),HOST Liquor Liability Endorsement. Liquor Liability Insurance Endorsement (Alcoholic beverage sold or given away).

Pennlb and Lkenses: Pennits and Licenses should be obtained 30 days prior to events. Health Pennit - (Food, beverage or commodity sold to the p11blic) Merced County Health Department. Sales Pennit - (Any commodily sold to tbe public). State Board of Equalization. Liquor License - (Alcoholic Beverages Sold) ABC Commission. Livingston Business License - (Conducting busioess within City Limits) Event/Dance/Alcohol Permit Livingston Police Department This permit requires securily at event of 50 or more. If Security cannot be obtained event cannot be held.

Other Conditions:: A dumpster key and if applicable a key to the Electric Box must be picked up Friday prior to your rental. lfthe key is not picked up and the on call personnel is dispatched S70 will be deducted from your deposit. There will be a $27 ree on all returned checks. Any activities or special arrangements not specifically authorized on your rental agreement/use permit are prohibited. Applicants agree to abide by all rules and regulations of the facility/field rented. All fees must be paid at the time the reservation is made in advance of event. No glass container allowed in any Park or Recreation Facility. No vehicles are allowed in any Parle Facility. The dumpster and electric box must be locked when your rental is over. Keys rnust be returned lo City Hall the next business day after the rental. Deposits will be kept if keys arc not returned.

HOLD HARMLESS AGREEMENT • The applicant is an authorized agent of the group submitting this application. The applicant(and/or hiSlber)organization making this application understand and agree to assume all risk for loss, damage, liability, injuty, cost or expense that may arise during or be caused in any way by such use or occupancy of the facilities of the City of Livingston. The applicant further agrees that in consideration of being pennitted to use said facilities, HE/SHE AND TIIE GROUP WILL DEFEND, INDEMNIFY AND HOLD THE CITY OF LIVINGSTON, RECREATION DEPARTMENT AND THF.IR AGENTS AND EMPLOYEES HARMLESS FROM ANY LOSS, CLAIMS AND LIABILITY OR DAMAGES AND/OR INJURIES TO PERSOrs.S D PROPERTY that in any way may be caused by the applicant's use or occupancy of the facilit1es. To be reimbursed on any and all deposits, the original deposit • t ;li.ust be submitted to City Hall after the event. Once submitted a check will be mailed within 30 days from the day the receipt was submitted, lc:ss any dama o;%16nit/t !oSls,incum:d as a result of your event. /:: / /,I'
I/We, the undersigned, have read the above information and agreement and agree to comply with the terms of this agreement. t.f44' 7 CJ' <i t::' ~ P'.case Print ND~ n ~ ,:I2~ \ \.c0 __ llq {/
Signature A. /V/1 (}V).q

Q6~~

AU ALUMNI REUNION
P.0.80X365
DELHI, CA 9531 S
January 18, 2023
To whom it may concern,
We, the committee, for the L.H.S. All Alumni Reunion request to have the fee waivered for the Memorial Park & Park Kitchen.

We have already reserved the park for the reunion on September 23, 2023.

Our goal every year is to contribute funds to Livingston High School's departments in need. We will also distribute funds for at least 4 scholarships for LHS seniors.

If you have any questions, you may contact me at 209-201-7005.

Thank you for this consideration as it will benefit Livingston High School.

Yours truly,
Diane Dallas
President
LHS All Alumni Reunion

City of Livingston
Parks and Recreation
Fee Policy
Adopted by Resolution
NO. 2008-09
February 19, 2008

Table of Contents
Purpose & General Guidelines
Categories of Cost Recovery and Types of Fees
Determination of Fees, Differentials, Waivers and Variances User Class and Priority Usage, Proof of Residency
Facilities Available/Refunds
Deposits, Fee Collection and Adjustments
Reservation Procedures and Rules
Staff Management Information
Fee's

Page6

Page9

Established by Resolution NO. 2008-09 on February 19, 2008 Livingston Parks and Recreation Fee Policy
Purpose:

Fees shall be charged to the general public, individual and groups, to the extent reasonable to recover all, or a portion of, direct and /or indirect costs associated with the delivery of programs, services or events, Exempt from fees structured by this policy shall be the programs, services or events determined to be basic in nature and thus available to all citizens. The purposes of the fees so generated shall be (I) to obtain revenue to supplement or completely replace maintenance and operational costs, (2) reduce the programs impact on the General Fund, (3) amortize capital investments, ( 4) enable the department to provide facilities or programs for which funds might not otherwise be available, and in some cases, ( 5) to provide sufficient revenue to cover costs and provide surplus revenue for expansion of programs and services.

GENERAL GUIDELINES
Basic services and facilities should be available to the public at no charge and should be and should be totally supported from general fund monies appropriated for the purpose or from a source independent of these funds, such as corporate sponsorships or donated funds. Where possible or desirable, appropriate fees shall be charged for non-basic services and facilities if one or more of the following factors exist:

I. Cost per hour of the service is high. This may be where:

The service requires a facility with high capital, operating or maintenance costs; the service requires special preparation or clean-up; the service requires special instruction at extra cost.

2. A fee will expand opportunities for a great number of people, resulting in the least possible individual cost,

3. Use of the service or facility is limited to a relatively few individuals or special interest groups of private character; therefore those who benefit to the exclusion of others should pay something extra for the privileges enjoyed.

4. Public property is used for private economic gain; therefore, the fees charged for use of public recreation facilities by private and closed membership groups should be comparable to commercial rates.

5. Admission to special events where profits are used to extend the activity or cover the cost of the event.

6. Imposition of a fee would serve an independent function such as rationing limited facilities among a large number of users; aiding in discipline and control; promoting respect for activity and/or service.

7. Demand for the service is not a budgeted program or service.

I

8. Lack of funding prevents program expansion or diversification.

9. Provides an opportunity to offer programs or services that would otherwise not be available through public funds.

CATEGORIES OF COST RECOVERY
The City of Livingston Recreation Department's objective is to recover as much or all of the direct and /or indirect costs related to the particular programs, activities, services or events. The percentage of recovery for these costs may vary from program to program.

Whenever possible or feasible the Recreation Department will attempt to secure partnerships to help recover costs associated with particular activities or programs.

No Cost Recovery
Basic Services - Unreserved use of park facilities, tennis courts, playgrounds, trails and playing fields.

Minimal Cost Recovery
Service Programs - Pool entrance fees and special events Partial Cost Recovery
Athletics, special instructional activities, day camps admission and user fees. Non-profit use of facilities.
100% Recovery
Highly specialized programs and special interest groups, permit fees, rental fees and sales revenue. Activities sponsored by business for profit.

TYPES OF FEES
Admission Fees
Charges made to enter a building, facility, structure, performance, show or special event.

Rental Fees
Payment made for exclusive use of any facility feature or equipment.

User Fees
Non-exclusive use of a facility, participation in and activity or program.

Sales Revenue
Revenue obtained from the operations of concessions and from the sales of merchandise.

Permit Fees
Permit fees shall mean any written permission issued by or under the authority of Recreation Department, Police Department or City Council.

Special Service
Charges made for supplying extraordinary articles, commodities, activities or services.
2

DETERMINATION OF FEES
The setting of fees must be tailored to the specific purpose for which they are intended. There are three commonly used methods for determining the fee, or price to be applied to a program, facility or service. Following are the three commonly used methods:

Going Rate Pricing
Determined as a result of comparative surveys conducted with public and private concerns offering the same or similar programs. The fee is adjusted based upon market position, revenue requirements and economic variables associated with the client base.

This process is simple and generally well accepted by the public.

Demand Oriented Pricing
This is where an organization proposes a price, which it feels, will be accepted by most patrons and then determines the actual cost of the program. Occasionally, the revenue generated is greater than the cost, so excess revenue is can be generated.

This method allows the department more flexibility in its pricing structure.

Variable Cost Pricing
This procedure is most commonly used of the cost based methods. With this method, the total variable cost is divided by the total number of participant to get the fee. Since the number of participants determines the ultimate price. The more popular the program is the less the department will have to charge participants.

DIFFERENTIAL FEES AND FEE WAIVER
A differential in fees for special situations and groups may only be determined by the City Council or City Manager. Examples of special situations are as follows:

Special non-profit groups/organizations, schools or organizations providing a free service to the community identified by the Recreation Department may be granted special consideration in the form of reduced rates or free services.

Due to limited income, special rates may be determined for the use of a facility or participation in a Recreation sponsored program on a case by case basis.

VARIANCES
It is understood that on occasion special consideration may be needed in determining fees for groups or individual having circumstances uncommon to those in the fee structure criteria. In these cases, the City Council or City Manager will approve these requests. Requests for a variance shall be submitted in writing to the City Manager 30 days prior to the date of promotion.
3

DETERMINATION OF FEES FOR FACILITIES AND EQUIPMENT RENTALS Fees shall be charged according to the user group the renter is identified with. There are 4 classifications of user groups associated with the rental of facilities and equipment.

They are as follows:

Class I
Recreation or City sponsored or co-sponsored activities Class II
Resident non-profit organizations such as Community leagues or service organizations, student organizations, Livingston Churches or schools conducting a community fundraiser for community purpose or benefit.

Class HI
Individual residents or resident groups conducting classes, activities or parties. Private groups that have select memberships and/or specific intent, i.e. employee clubs, corporations, company picnics, family picnics and or reunions.

Class IV
Non Resident individuals or groups. (Not residing in the City of Livingston) Resident/Non-Resident Description
Must have a Livingston address or live within the Livingston School District boundaries to be considered a Livingston Resident.

Resident Team Description
Being sponsored by a Livingston company or business does not make a team a resident team. A resident team is made up of 75% residents.

PRIORITY OF USER GROUPS

1. Programs and services provided by the Recreation
Department. Will have first priority. These programs include recreation sponsored sports, contract classes, After School Recreation, Drop in Recreation, Summer youth Camps and special events.

2. Student and Civic Organizations, registered with the City of Livingston, will have second priority.

3. Community Leagues scheduled by the Recreation Department will have third priority, A community league is defined by 7 5% of its members are Livingston residents. It will be the responsibility of Community Leagues to coordinate with the Recreation Department for the use of the Fields on a semester basis. Community Leagues will be 4

responsible for any equipment set up/take down and for any special repairs and/or maintenance needs due to their use of the fields.

4. Individual residents of Livingston will have fourth priority. This would include athletic and academic camps, personal activities or parties.

5. Outside groups (non-resident) will have fifth priority. This would include any group/individuals not affiliated with the City of Livingston.

Proof of Residency Required
Listed below are the proof of residency requirements:

Livingston Residents
must live within the city boundaries or Livingston school district boundaries and must bring in a current California ID or Drivers licenses and a utility bill with users name on it.

Community League
Must bring in rosters of their teams to the Recreation Department, Coaches reserving fields must bring in their league identification.

Civic, Service and Student Organizations
Must bring in organization identification.

Schools
Must show proper identification
5

LIVINGSTON FIELDS AND FACILITIES AVAILABLE
The following field space is available for rental use:

Fields/Courts
Livingston Sports Complex which includes I lit soccer playing field, 2 baseball/softball fields, restrooms.

Alvernaz Baseball Field has one lit baseball field with restroom facilities.

Arakelian park ball field small field with 50 foot bases, restrooms Facilities
Parks
Recreation Center has a large room with full service kitchen and restroom, chairs and tables available.

Swimming pool located at Livingston High School non heated pool with restroom facilities.

Memorial Park lots of grass, covered picnic areas, large trees, BBQ pit, covered stage, playground and restroom facilities.

Arakelian Park lots of grassy areas, picnic areas, trees, small ball field and restroom facilities.

Lucero Park grassy areas, trees, small playground and picnic areas.

REFUNDS
Program, Class and Facility Rental Refunds
The City of Livingston Recreation Department will issue refunds as follows:
1 week prior to the starting of a program or class a statement is issued in writing by the person who registered the individual, that the student will not be participating in the program that they were registered for. Once a program starts no refunds will be issued. If a refund is issued a $5 processing fee will be deducted from the refund. No exceptions.

If a refund is requested on a facility this must be in writing 10 days prior to usage. A $5 processing fee will be deducted from the refund. No exceptions. A receipt must accompany all refunds requests.

All refunds upon approval, for rentals and programs will be issued and returned within 30 days.
6

DEPOSITS
Deposits will be returned on facilities once the department has determined that the facility was left clean and no damage was sustained by the renter.

This is done with a sign off sheet given by the staff assigned to check the facility.

After this determination the deposit will be returned minus damage or clean up fees if applicable within 30 days.

FEE COLLECTION
All fee collection and rental fees will be collected by administrative personnel at City Hall prior to the beginning of class, rental or event unless specifically stated in contract or advertisements.

Class fees paid after the 5th of the month shall have a $5 late fee attached. Continuous late payment shall jeopardize the participation in the class.

FEE ADJUSTMENTS
Fees may be subject to change due to increases in costs associated with the program facility or services.
7

FACILITY/FIELD RESERVATION PROCEDURE
Any community or individual group may request use of the fields by submitting a Facility Use Application to City Hall for the Recreation Department approval.

Steps for Reserving a facility/field:

I. Complete and submit a "Facility Use Application" at least two weeks prior to the event but not more than 8 weeks of the event date. These may be picked up at City Hall. It is strongly recommended that outside groups or applications for large events begin communication with the recreation department no less than one month prior to the event.

2. The request will be reviewed, and in most cases a response will be made in 48 hours.

It may require several days to work out all of the necessary details. No request will be processed without the Recreation Superintendent's approval.

3. A copy of the request with the decision will be returned, if approved a deposit may be required, and full payment must be made IO days prior to the usage. Approved usage request with proof of payment must be brought to the facility/field at the time of usage.

4. Planning meetings between the event organizers and the Recreation Department may be required.

Livingston Park and Field Rules
No Pets/Animals
No Alcohol
No Glass Containers
No Smoking
No Golf
No Vehicles allowed on the fields or in the Parks
8

Recreation Staff Facility/ Field Management Information Inclement Weather
The Recreation Department reserves the right to cancel games/reservations due to inclement weather.

Monday through Friday Recreation Staff will meet at approximately 2 pm to discuss playing conditions. Facility staff will park staff to make the opening or closing decision.

Assigned field and/or site managers will have the responsibility of determining whether or not to start activities after 5pm, on weekends and at other times.

Full time staff members for the program areas involved will consult with the assigned supervisor during nights and weekends as requested.

The assigned field and or site managers have the responsibility to cancel activities due to weather conditions or noticeable field damage after play has started.

Security and Safety
Restrooms will be opened by staff as necessary to accommodate Recreation programs. The recreation department staff will close the restrooms at the conclusion of their activity.

Each program will be responsible for opening and closing and re-stocking restrooms on weekends.

Each program is responsible for periodically checking the restrooms while their program is in progress.

Bicycles are not allowed on the fields.

Field or onsite managers are responsible for enforcing field policies.

If there is a safety concern a maintenance request form must be filled out and turned in to the recreation Department. This will then be turned into the appropriate supervisor.

Housekeeping
Restrooms will be cleaned and restocked each morning by Recreation Staff.

Report any problems with the field, Snack Bars, Restrooms or adjacent grounds to the appropriate supervisor.

It will be the responsibility of each program supervisor to check/clean restrooms adequately during the course of their activity. Hourly checks are expected.

Facility Management
Field usage may be denied at anytime for an undetermined period to allow the field to rest.

Play will not be allowed after 1 Opm during the winter and fall months and after 11 pm during the spring and summer months.

Participants are expected to assist in litter clean-up after play. Please coordinate clean up with the groups under your supervision.
9

City of Livingston Facility Fee Schedule effective February 19, 2008 - page 1 ~ . . orice e rn ec f 1ve F b e ruarv 19 2008
' Facility Class Class Class Class Deposit

I II HI IV
Memorial & Arakelian Park
Picnic Area
0-50 persons 0 $50** $30* $84 $150
51-100 persons 0 $50** $30* $84 $150
101-200 persons 0 $50** $30* $84 $200
201-300 persons 0 $50** $30* $84 $300
301-400 persons 0 $50** $30* $84 $400
401-500 persons 0 $50** $30* $84 $500
Use by more than 200 People or the request
of amplified equipment must be approved by
City Manager, Police Chief, Public Works
Director and Recreation Superintendent.

Please allow 10 to 30 days for this aooroval.
600 - 1000 persons 0 $500** $500 $600 $1000
Electricity $15
Stage at Memorial Park No Charge if Picnic
Area Is Rented
Stage at Memorial Park
0-50 persons 0 $50** $30* $84 $150
51-100 persons 0 $50** $30* $84 $150
101-200 persons 0 $50** $30* $84 $200
201-300 oersons 0 $50** $30* $84 $300
301-400 persons 0 $50** $30* $84 $400
401-500 persons 0 $50** $30* $84 $500
Use by more than 200 People or the request
of amplified equipment must be approved by
City Manager, Police Chief, Public Works
Director and Recreation Superintendent.

Please allow IO to 30 days for this approval.
600 - 1000 persons 0 $500** $500 $600 $1000
Electricity $15
Kitchen at Memorial Park
Kitchen at Memorial Park is not included with 0 $115** $115 $315 $150 park rental, a separate fee and deposit is
required. 12 hours maximum.
** Variance may be requested by non-profit groups.

Deposits are required on Classifications II, III, & IV before reservations are confirmed. Payment in full is due 10 days prior to usage. Events open to the public must have additional insurance coverage. There may be other permits that must be obtained depending on event. 10

City of Livin .. Fee Schedule - a e 2
Facil
Pool Rentals
*Less than 25 people
(I guard) 2 hr. Minimum
Each additional hour
immers. The count
person entering the
es.

Field Rentals

ALL FIELD RENTALS ARE
2 HOUR MINIMUM
AND **INCLUDES STAFF

SUPERVISION

AL VERN AZ FIELD
Alvernaz Baseball Field
No lights No scoreboard
First 2 hours
Each additional hour
Alvernaz Baseball Field
With lights 2 hour minimum
Each additional hour

WALNUT SOCCERFIELD

AVAILABLE ON WEDNESDAYS,

THURSDAYS, SATURDAYS AND

SUNDAYS ONLY
Tournaments fees and scheduling must be
done throu h the Recreation Office
Class I
0 0
0 Soccer field No lights 0
First 2 hours
Each Additional hour 0
Soccer field with lights 0
First 2 hours
Each Additional hour 0
Class II
$60
$30
$28
$5
$15
$28
$14
$68
$34
Class HI
$60
$30
$32
$
$5
$15
$32
$16
$72
$36
** Variance may be requested by non-profit groups.

Class IV De osit
$72 $150
$36
$38.40 $150
$6
$18
$38.40 $150
$19.20
$78.40 $150
$39.20
Deposits are required on Classifications II, III, & IV before reservations are confirmed. Payment in full is due 10 days prior to usage. Events open to the public must have additional insurance coverage. There may be other permits that must be obtained depending on event. 11

STAFF REPORT
AGENDA ITEM: Council Discussion and Consideration of Appointing Two Council Members to an Ad-Hoc Committee for Discussions Related to the County Property and Sales Tax Agreement
MEETING DATE: July 18, 2023
PREPARED BY: Christopher Lopez, Interim City Manager
REVIEWED BY: Christopher Lopez, Interim City Manager
RECOMMENDATION:

Council Discussion and Consideration of Appointing Two Council Members to an Ad-Hoc Committee for Discussions Related to the County Property and Sales Tax Agreement.

BACKGROUND:

This item is seeking Council discussion and consideration of a council Ad-Hoc committee for discussions related to the County Property and Sales Tax Agreement. The Ad-Hoc committee must be comprised of no more than two council members.

FISCAL IMPACT:

None.