Livingston City Council
October 17, 2023

Draft IS/MND Initial Study

Greenzone, LLC December 2022
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security may act as an effective deterrent to crime (California Department of Food and Agriculture, 2017).

The PEIR determined that “the information contained in the literature and from available news stories suggests that cannabis cultivation is potentially at elevated risk for crime; however, an elevated risk of crime is not a significant impact under CEQA unless it can be tied to a physical impact on the environment.” The PEIR concluded that many existing cannabis operations would likely seek licensing, and there was reason to believe that implementation of the proposed program may decrease pressure on police protection resources.

With the proposed program, the PEIR concluded it was reasonable to assume that some of the cultivators not currently operating in compliance with local requirements would apply for local approval and become lawful businesses, reducing the enforcement needs for these operations. With a legal pathway for cannabis cultivation and an increased supply of legally grown cannabis, there also may be less opportunity or incentive for criminal organizations to introduce a black market product into the supply chain, thus decreasing the need for police resources to address these issues. The track-and-trace system, by creating a mechanism for tracing cannabis products, would further impede interference by the black market in lawful cannabis commerce.

In areas of California that would experience a large number of new cannabis cultivation businesses under the proposed program, it is possible that existing police protection services could be strained to provide resources beyond their existing capacities. However, it was noted that there was not enough information available, nor could it speculate, as to where such growth might trigger the need for new or additional police facilities (California Department of Food and Agriculture, 2017).

The PEIR concluded that while some crime associated with licensed cannabis cultivation activities is likely to continue, no data indicated that the proposed cannabis program would increase law enforcement needs overall compared to baseline conditions. If anything, demand may decrease due to a large number of lawful cultivators willing to coordinate and cooperate with law enforcement authorities.

Under CEQA, to create a significant environmental impact, a project must result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts in order to maintain acceptable service ratios, response times, or other performance objectives for police protection services. As new regulated cannabis businesses are approved in the City, the number of illegal operations will likely diminish. Crimes associated with illegal operations will be mitigated through the enforcement of the conditions of approval established under conditional use permits and should not be prevalent at the new facilities.

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MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have a less-than-significant impact.

Impact #3.4.15a(iii) – Would the Project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or to other performance objectives for any of the public services – Schools? This Project will not result in the need for additional school sites as there would not be an increase in new unplanned population growth for the area.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have no impact.

Impact #3.4.15a(iv) – Would the Project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or to other performance objectives for any of the public services – Parks? The Project itself would not result in the need for additional parks or recreation centers as it would not result in an increase in new unplanned population growth for the area. Although the City does need several new parks and recreational facilities as stated in the Livingston Park and Recreation Master Plan, the Project will not result in population growth, and therefore will not result in the direct need for additional park facilities.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have no impact.

Impact #3.4.15a(v) – Would the Project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for

Draft IS/MND Initial Study

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new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or to other performance objectives for any of the public services – Other Public Facilities?
No other public services will be impacted by implementation of the proposed Project.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have no impact.

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Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated

Less–thanSignificant
Impact

No
Impact

3.4.16 - RECREATION
Would the Project:
a. Increase the use of existing neighborhood
and regional parks or other recreational
facilities such that substantial physical
deterioration of the facility would occur or be
accelerated?
b. Include recreational facilities or require the
construction or expansion of recreational
facilities that might have an adverse physical
effect on the environment?

Discussion
Impact #3.4.16a – Would the Project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?
The Project, when at full buildout, would result in the development of a Industrial Business Park. If this use is never realized, then the future buildout of the TSM would include other uses that are consistent with the City’s General Plan and Zoning Ordinance. The Project would not include any new residential uses and the employees at this site are not expected to increase the use of any existing neighborhood or regional parks.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have no impact.

Impact #3.4.16b – Would the Project include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment?
The Project would not include recreational facilities or require the construction or expansion of any existing recreational facilities.

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MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have no impact.

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Discussion
Impact #3.4.17a – Would the Project conflict with a program plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? The proposed Project does not include any design features or uses that would conflict with a program, ordinance, or policy addressing the circulation system.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have no impact.

Impact #3.4.17b – Would the Project conflict or be inconsistent with CEQA Guidelines Section 15064.3, Subdivision (b)?
A Traffic Impact Study (VRPA Technologies, Inc., 2021) was prepared to analyze the potential impacts of this Project (Appendix E). To assess the impacts that the Project may have on the surrounding street and highway segments and intersections, the first step is to determine Project trip generation. The Project’s trip generation was estimated based on trip

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated

Less-thanSignificant
Impact

No
Impact

3.4.17 - TRANSPORTATION AND TRAFFIC
Would the Project:
a. Conflict with a program plan, ordinance or
policy addressing the circulation system,
including transit, roadway, bicycle and
pedestrian facilities?
b. Conflict or be inconsistent with CEQA
Guidelines Section 15064.3, Subdivision
(b)?
c. Substantially increase hazards due to a
geometric design feature (e.g., sharp curves
or dangerous intersections) or incompatible
uses (e.g., farm equipment)?
d. Result in inadequate emergency access?

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generation rates from the Institute of Transportation Engineers (ITE) Trip Generation Manual (10th Edition). The Project’s estimated Daily, AM peak hour, and PM peak hour trips are shown in Table 3.4.17-1. Trips associated with the Greenzone Industrial Development were derived from the High Cube Transload and Short-Term Storage (154) Land Use in the ITE Trip Generation Manual (VRPA Technologies, Inc., 2021).

Table 3.4.17-1
Project Trip Generation
Land Use Quantity Daily Trip Ends
(ADT)
Weekday AM Peak Hour Weekday PM Peak Hour
Rate Volum
e
Rate In:

Out
Split
Volume Rate In:

Out
Split
Volume
In Out Tota
l
In Out Total
High Cube
Transload and
Short-Term
Storage (154)
376,000
SF

1.339 526 0.08 77:23 23 7 30 0.10 29:71 11 27 38
Total Trip Generation 23 7 30 11 27 38
Source: Generation factors from ITE Trip Generation Manual, 10th Edition.

Trip ends are one-way traffic movements, entering or leaving.

The numbers in parenthesis are ITE land use codes.

Project trip distribution is based upon engineering judgment, prevailing traffic patterns in the study area, complementary land uses, major routes, population centers, and customer base.

The access/egress from the site will be located along Bird Street, approximately one-half mile west of the Bird Street and Livingston Cressey Road intersection. The site map includes two driveways or access/egress points from Bird Street.

Project traffic as shown in Table 3.4.17-1 was distributed to the roadway system using the trip distribution percentages.

Near-Term Traffic Conditions
A Near-Term scenario was analyzed to include the year 2022 traffic (estimated Project Opening Day) plus traffic generated by other projects approved or being processed in the study area. Traffic conditions in the year 2022 were estimated by using a 1.26 percent per year growth factor for background (ambient) growth along the City of Livingston facilities.

This growth rate is consistent with MCAG’s 2018 Regional Transportation Plan/Sustainable Communities Strategies Environmental Impact Report.

Cumulative Year 2042 Without Project Traffic Conditions The impacts of the Project were analyzed considering future traffic conditions, approximately 20 years after the assumed opening day of the Project, or in this case the year

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2042. The levels of traffic expected in 2042 relate to the cumulative effect of traffic increases resulting from the implementation of the general plans of local agencies, including the City of Livingston and Merced County. Traffic conditions in the year 2042 were estimated using a 1.26 percent per year growth factor for background (ambient) growth, which is consistent with MCAG’s 2018 Regional Transportation Plan/Sustainable Communities Strategies Environmental Impact Report.

Cumulative Year 2042 Plus Project Traffic Conditions
The addition of Project trips, which were distributed to the roadway system using the trip distribution percentages shown in Figure 3-1 of the Traffic Impact Study, were added to Cumulative Year 2042 Without Project Traffic Volumes.

RESULTS
Results Shown in Table 3.4.17-2 of the analysis show that the Project will cause or contribute to an unacceptable LOS at all of the study intersections with exception of Livingston Cressey Road at Bird Street when comparing the Existing and Existing Plus Project scenarios and the Cumulative Year 2042 Without Project and Cumulative Year 2042 Plus Project scenarios.

Table 3.4.17-2
Intersection Operations
Intersection Control Target
LOS
Peak
Hour
Existing Plus
Project
Near-Term
Plus Project
Cumulative
Year 2042
Without
Project
Cumulative
Year 2042
Plus Project
Delay LOS Delay LOS Delay LOS Delay LOS
Livingston
Cressey Road /
Bird Street
OneWay
Stop
C
AM 10.3 B 10.4 B 10.2 B 14.8 B
PM 10.9 B 11.0 B 10.6 B 11.6 B
Main Street /
Campbell
Boulevard
AllWay
Stop
C
AM 41.0 E+ 68.1 F++ 149.4 F++ 159.3 F++
PM 14.2 B 17.6 C 35.5 E++ 36.8 E++
Winton
Parkway/SR
99 NB Ramps
AllWay
Stop
C
AM 19.2 C 21.4 C 57.5 F++ 58.4 F++
PM 22.4 C 26.1 D+ 74.9 F++ 75.3 F++
Winton
Parkway/SR99
SB Ramps
AllWay
Stop
C
AM 170.6 F++ 197.2 F++ 371.5 F++ __* F++
PM 191.9 F++ 219.5 F++ __* F++ __* F++

Hammatt
Avenue/SR99
NB Ramps
AllWay
Stop
C
AM 37.7 E++ 136.0 F++ 226.3 F++ 277.6 F++
PM 27.2 D++ 104.8 F++ 193.6 F++ 196.1 F++

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Intersection Control Target
LOS
Peak
Hour
Existing Plus
Project
Near-Term
Plus Project
Cumulative
Year 2042
Without
Project
Cumulative
Year 2042
Plus Project
Delay LOS Delay LOS Delay LOS Delay LOS
Hammatt
Avenue/SR99
SB Ramps
AllWay
stop
C
AM 23.6 C 68.1 F++ 140.5 F++ 140.5 F++
PM 20.0 C 43.8 E++ 91.0 F++ 91.2 F++
Source: (VRPA Technologies, Inc., 2021)
DELAY is measures in seconds
LOS=Level of Service/BOLD denotes LOS standard has been exceeded For All-Way Stop intersections, delay results show the average for the entire intersection.

For one-way stop controlled intersections, delay results show the delay for the worst movement. + Does not meet peak hour signal warrants
++ Meets peak hour signal warrants
*Delay Exceeds 300 seconds

Queuing analysis was completed using Section 400 of Caltrans’ Highway Design Manual.

Results of the analysis shown below in Table 3.4.17-3 that all of the existing storage pocket lengths at the Campbell Boulevard at Main Street intersection will provide adequate storage for future year traffic volumes.

Results of the Roadway Segment Capacity Analysis in Table 3.4.17-4 show that the Project will cause or contribute to an unacceptable LOS at study roadway segments (Main Street between Bird Street and Olive Avenue) when comparing the Existing and Existing Plus Project scenarios and the Cumulative Year 2042 Without Project and Cumulative Year 2042 Plus Project scenarios.

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Table 3.4.17-3
Queuing Operations
Intersection Existing Queue
Storage Length (ft)
Existing Plus Project Near-Term Plus
Project
Cumulative Year 2042
Without Project
Cumulative Year 2042
Plus Project
AM Queue PM Queue AM
Queue
PM Queue AM Queue PM Queue AM Queue PM Queue
Main Street /
Campbell Boulevard
NB Left 150 43 24 45 25 58 33 58 33
SB Left 100 54 53 70 68 84 78 86 83
EB Left 200 78 78 84 85 103 107 107 108
WB Left 150 95 63 109 76 138 94 138 94
WB Right 75 57 37 69 52 81 60 85 62

Winton Parkway /
SR 99 NB Ramps
NB Left 175 319 388 333 406 428 521 428 521

Winton Parkway /
SR 99 SB Ramps
SB Left 200 1 13 1 13 1 17 1 17
Hammatt Avenue/
SR 99 NB Ramps
NB Left 150 131 92 187 125 225 153 225 153

Hammatt Avenue /
SR 99 SB Ramps
SB Left 125 128 146 213 218 249 256 250 260
Source: (VRPA Technologies, Inc., 2021)

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Table 3.4.17-4
Segment Operations
Street
Segment
Segment
Description
Direction Target
LOS
Peak
Hour
Existing Plus
Project
Near-Term Plus
Project
Cumulative Year
2042 Without
Project
Cumulative Year
2042 Plus Project
Volume LOS Volume LOS Volume LOS Volume LOS
Bird Street
Livingston
Cressey Road
to Project
Driveway
2 Lanes
Undivided
EB
C
AM 9 C 9 C 3 C 10 C
PM 35 C 35 C 11 C 38 C
WB AM 29 C 29 C 8 C 31 C
PM 319 C 19 C 11 C 22 C
Main Street
Bird Street to
Olive Avenue
2 Lanes
Undivided
NB
C
AM 90 C 92 C 91 C 113 C
PM 77 C 80 C 89 C 100 C
SB AM 86 C 89 C 105 C 112 C
PM 124 C 127 C 131 C 156 C
Olive Avenue
to Campbell
Boulevard
4 Lanes
Undivided
NB
C
AM 424 C 474 C 577 C 594 C
PM 315 C 366 C 448 C 457 C
SB AM 455 C 505 C 633 C 638 C
PM 358 C 411 C 491 C 511 C
Source: (VRPA Technologies, Inc., 2021)
LOS = Level of Service / BOLD denotes LOS standard has been exceeded

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In order to mitigate the Project’s impacts, the Project would be required to build improvements that are identified under the ‘Existing Plus Project’ condition to improve identified LOS deficiencies. The Project will be required to contribute a fair share towards the costs of improvements that are identified for the Cumulative Year 2042 scenarios.

MITIGATION MEASURE(S)
MM TRA-1: The applicant or developer shall be responsible for the following improvements:

Intersections:

Main Street at Campbell Boulevard
 Near-Term Plus Project scenario:
o Install traffic signal
 Cumulative Year 2042 Plus Project scenario:
o Install traffic signal
o Widen the westbound approach to one left turn lane, one through lane, and one right turn lane (adding one right turn lane) Winton Parkway at SR 99 NB Ramps
 Cumulative Year 2042 Plus Project scenario:
o Install Traffic Signal
o Widen the southbound approach to one through lane and one right turn lane (adding one right turn lane)
Winton Parkway at SR 99 SB Ramps
 Existing Plus Project and Near-Term Plus Project scenario:
o Install Traffic Signal
o Widen the northbound approach to one through lane and one right turn lane (adding one right turn lane)
o Widen the eastbound approach to one left turn lane and one right turn lane (adding one left turn lane)
 Cumulative Year 2042 Plus Project scenario:
o Install Traffic Signal
o Widen the northbound approach to one through lane and one right turn lane (adding one right turn lane)
o Widen the eastbound approach to one left turn lane and two right turn lane (adding one left turn lane and one right turn lane) Hammatt Avenue at SR 99 NB Ramps
 Existing Plus Project scenario:
o Install Traffic Signal

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 Near-Term Plus Project scenario:
o Install Traffic Signal
o Widen the westbound approach to one left-through lane and two right turn lanes (adding one right turn lane)
 Cumulative Year 2042 Plus Project scenario:
o Install Traffic Signal
o Widen the southbound approach to one through lane and one right turn lane (adding one right turn lane)
o Widen the westbound approach to one left-through lane and two right turn lanes (adding one right lane)
Hammatt Avenue at SR 99 SB Ramps
 Near-Term Plus Project scenario:
o Install Traffic Signal
 Cumulative Year 2042 Plus Project scenario:
o Install Traffic Signal
o Widen the northbound approach to one through lane and one right lane (adding one right turn lane)
The improvements identified above for the Existing Plus Project, Near-Term Plus Project, and Cumulative Year 2042 Plus Project scenarios are sufficient to meet the City of Livingston’s acceptable LOS standard of ‘C’.

MM TRA-2: The applicant or developer shall be required to contribute a fair share towards the costs of improvements that are identified for the Cumulative Year 2042 scenarios. The intent of determining the equitable responsibility for the improvements identified above for the Cumulative Year 2042 scenarios, is to provide a starting point for early discussions to address traffic mitigation equitability and to calculate the equitable share for mitigating traffic impacts.

The formula used to calculate the equitable share responsibility to the study area is as follows:

Equitable Share = (Project Trips)/(Future Year Plus Approved Project Traffic – Existing Traffic)
Equitable Share Responsibility

INTERSECTION PEAK
HOUR

EXISTING PROJECT TRIPS

CUMULATIVE
YEAR 2042 PLUS

PROJECT

FAIR SHARE

PERCENTAGE
Main Street / Campbell Boulevard
AM 1,189 22 1,701 4.3%
PM 946 28 1,396 6.2%
Winton Parkway / SR 99 NB Ramps
AM 1,284 4 1,727 0.9%
PM 1,243 6 1,675 1.4%
AM 1,711 3 2,301 0.5%

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Winton Parkway / SR 99 SB Ramps PM 1,727 2 2,323 0.3%
Hammatt Avenue / SR 99 NB Ramps
AM 1,322 6 2,208 0.7%
PM 1,262 7 2,131 0.8%
Hammatt Avenue / SR 99 SB Ramps
AM 1,160 1 1,873 0.1%
PM 1,236 5 2,010 0.6%

LEVEL OF SIGNIFICANCE
The Project would have a less-than-significant impact with mitigation incorporated.

Impact #3.4.17c – Would the Project substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)?
The Project does not include any geometric design features or incompatible uses that would substantially increase hazards.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have no impact.

Impact #3.4.17d – Would the Project result in inadequate emergency access? The Project does not include any design features that would result in inadequate emergency access.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have no impact.

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Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated

Less-thanSignificant
Impact

No
Impact

3.4.18 - TRIBAL CULTURAL RESOURCES
Would the Project:
a. Would the Project cause a substantial adverse
change in the significance of a tribal cultural
resource, defined in Public Resources Code
Section 21074 as either a site, feature, place,
cultural landscape that is geographically
defined in terms of the size and scope of the
landscape, sacred place, or object with
cultural value to a California Native American
tribe, and that is:
i. Listed or eligible for listing in the
California Register of Historical
Resources, or in a local register of
historical resources as defined in
Public Resources Code Section
5020.1(k), or
ii. A resource determined by the lead
agency, in its discretion and
supported by substantial evidence,
to be significant pursuant to criteria
set forth in subdivision (c) of Public
Resources Code Section 5024.1. In
applying the criteria set forth in
subdivision (c) of Public Resource
Code Section 5024.1, the lead agency
shall consider the significance of the
resource to a California Native
American tribe.

Discussion
Impact #3.4.18a(i) – Would the Project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code Section 5020.1(k)?
A cultural records search through the Central California Information Center (CCIC) of the California Historical Resources Information System was conducted on August 12, 2019, to

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identify areas previously surveyed and identify known cultural resources present within or in close proximity to the Project area. The response from the CCIC stated that there were no prehistoric or historic-era archaeological resources reported. The CCIC records search also determined that there are no known resources to be of value to local cultural groups.

As previously discussed in Impact 3.4-5 a-b, the subject site is not known to contain any tribal cultural resources (TCRs). As further noted, with respect to archaeological resources and human remains that may be present in areas where there would be some ground disturbance, mitigation measures set forth in the section would be implemented to ensure that should resources be encountered, they would be protected from damage. Therefore, while no TCRs are expected to be affected by the proposed Project, the mitigation measures set forth in Section 3.4 5 - Cultural Resources as well as within this section, would further ensure that any resources encountered would not be adversely affected.

Although construction and operation would occur on previously disturbed land, unknown historical resources may be discovered during ground-disturbing activities. In order to account for unanticipated discoveries and the potential to impact previously undocumented or unknown resources, the following mitigation measures are recommended. With the implementation of MM CUL-1 through MM CUL-2, impacts under this criterion would be less than significant with mitigation.

MITIGATION MEASURE(S)
Implementation of CUL-1 and CUL-2.

LEVEL OF SIGNIFICANCE
The Project would have a less-than-significant impact with mitigation incorporated.

Impact #3.4.18a(ii) – Would the Project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code Section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is a resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in Subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in Subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe?
Under AB 52 requirements, no local tribes have requested to be consulted for input on future City projects. The CCIC records search determined that there have been no formally reported resources to be of value present in the Project area.

Per SB 18 requirements, the City of Livingston consulted with the NAHC to obtain a list of tribes culturally-affiliated with the Project area. The NAHC responded back on January 20, 2022 with a list of 6 tribes with affiliation to the Project area. The City sent consultation

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request letters to the Dumna Wo-Wah tribe on December 20, 2021, and to the remainder of the tribes on January 21, 2022 (see Appendix F). During the mandated 90-day timeframe, no tribes responded back requesting additional consultation on this Project.

MITIGATION MEASURE(S)
Implementation of MM CUL-1 and MM CUL-2.

LEVEL OF SIGNIFICANCE
The Project would have a less-than-significant impact with mitigation incorporated.

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Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated

Less-thanSignificant
Impact

No
Impact

3.4.19 - UTILITIES AND SERVICE SYSTEMS
Would the Project:
a. Require or result in the relocation or
construction of new or expanded water,
wastewater treatment or storm water
drainage, electric power, natural gas, or
telecommunications facilities, the
construction or relocation of which would
cause significant environmental effects?
b. Have sufficient water supplies available to
serve the Project and reasonably foreseeable
future development during normal, dry and
multiple dry years?
c. Result in a determination by the wastewater
treatment provider that serves or may serve
the Project that it has adequate capacity to
serve the Project’s projected demand in
addition to the provider’s existing
commitments?
d. Generate solid waste in excess of state or
local standards, or in excess of the capacity of
local infrastructure, or otherwise impair the
attainment of solid waste reduction goals?
e. Comply with federal, state, and local
management and reduction statutes and
regulations related to solid waste?

Discussion
Impact #3.4.19a – Would the Project require or result in the relocation or construction of new or expanded water, wastewater treatment or stormwater drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which would cause significant environmental effects?
Based on the water demand of the proposed Project, as detailed in Section 3.4.10, the estimated maximum total water demand of the Project is 190.2 acre-feet per year. This demand will not require the relocation or construction of new or expanded water facilities and impacts are considered less than significant.

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The Wastewater Treatment Plant (WWTP) has a maximum capacity of 2.0 million gallons per day (mgd) with an average dry weather flow of approximately 1.06 mgd (City of Livingston, 2007). Based on required compliance with the Wastewater Collection System Master Plan (July 2007), the proposed Project’s 22 lots will not exceed wastewater treatment requirements. A rough estimate of the proposed Project’s potential wastewater production was calculated by multiplying the water demand by 1,000,000 resulting in 0.00021 mgd. This would not substantially affect the treatment capacity at the existing WWTP because the plant would have adequate capacity to serve Project demand.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have a less-than-significant impact.

Impact #3.4.19b – Would the Project have sufficient water supplies available to serve the Project and reasonably foreseeable future development during normal, dry and multiple dry years?
The nearest City water line to the Project site is located at the intersection of Main Street and Livingston Cressey Road and Olive Avenue, requiring the need for infrastructure to be extended to the Project site. Based on the water demand of the proposed Project, as detailed in Section 3.4.10, the estimated maximum total water demand of the Project is 190.2 acrefeet per year. This demand will not require the relocation or construction of new or expanded water facilities and impacts are considered less than significant.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have a less-than-significant impact.

Impact #3.4.19c – Would the Project result in a determination by the wastewater treatment provider that serves or may serve the Project that it has adequate capacity to serve the Project’s projected demand in addition to the provider’s existing commitments? The Project will connect to the City’s wastewater treatment plant via a connection adjacent along the Project’s frontage. There would be significant capacity for the wastewater treatment provider to serve the Project.

MITIGATION MEASURE(S)
No mitigation is required.

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LEVEL OF SIGNIFICANCE
The Project would have a less-than-significant impact.

Impact #3.4.19d – Would the Project generate solid waste in excess of state or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals?
Implementation of the proposed Project would generate solid waste during potential future construction and operation of new cannabis-related businesses. Common construction waste may include metals, masonry, plastic pipe, rocks, dirt, cardboard, or green waste related to land development. AB 939 and Ordinance No. 2003-100 require the City to attain specific waste diversion goals. The C&D disposal facilities listed above have the available capacity to accept construction waste from potential new facilities.

Cannabis waste is considered a type of organic waste. There are three state licensing agencies that provide regulations for cannabis waste. These agencies include the Bureau of Cannabis Control, CalCannabis Cultivation Licensing, and Manufactured Cannabis Safety Branch. Based on these agency regulations, a cannabis cultivator is required to dispose of cannabis waste in one of the following methods:

1. On-premises composting of cannabis waste;

2. Collection and processing of cannabis waste by a local agency, a waste hauler franchised or contracted by a local agency, or a private waste hauler permitted by a local agency;

3. Self-haul cannabis waste to one or more of the following:
a. A manned, fully permitted solid waste landfill or transformation facility; b. A manned, fully permitted composting facility or manned composting operation; c. A manned, fully permitted in-vessel digestion facility or manned in-vessel digestion operation;
d. A manned, fully permitted transfer/processing facility or manned transfer/processing operation; or
e. A manned, fully permitted chip and grind operation or facility. f. A recycling center as defined in Title 14, Section 17402.5(d) of the California Code of Regulations and that meets the following:
i. The cannabis waste received shall contain at least 90 percent inorganic material;
ii. The inorganic portion of the cannabis waste is recycled into new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace; and
iii. The organic portion of the cannabis waste shall be sent to a facility or operation identified in subsection (c)(1) through (5).

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4. Reintroduction of cannabis waste back into agricultural operation through on premises organic waste recycling methods, including but not limited to tilling directly into agricultural land and no-till farming.

The Mitigation Measure below requires that a cannabis-related business that generates four or more cubic yards of commercial solid waste per week, apply a combination of recycling actions to ensure waste streams are reduced.

All requests for cannabis-related businesses will require approval of a Conditional Use Permit. The CUP review process ensures compliance with all applicable land use plans, policies, and regulations adopted for the purpose of avoiding or mitigating an environmental effect. As Project applications are filed, the Planning Department will evaluate each request and impose project-specific conditions of approval. Implementation of the Mitigation Measures below would ensure compliance with policies to reduce waste sent to landfills.

Therefore, impacts would be less than significant with mitigation.

MITIGATION MEASURE(S)
MM UTL-1: During construction of future commercial cannabis facilities, the Project Applicant shall not store construction waste on-site for longer than the duration of the construction activity or transport any waste to any unpermitted facilities. The Project Applicant shall also reduce construction waste transported to landfills by ensuring construction and demolition waste is hauled to one of the six City-approved construction and demolition disposal facilities listed above.

MM UTL-2: In order to reduce the amount of waste generated from cannabis-related operations being taken to the landfill, the following shall be incorporated into the CUP conditions of approval for each Project:

Businesses generating four cubic yards or more of commercial solid waste per week are required to recycle and take one, or any combination, of the following actions:
 Subscribe to source-separated recycling service with a regional franchise hauler authorized to provide service for the area in which the business is located.
 Subscribe to a mixed solid waste recycling service with a regional franchise hauler authorized to provide service for the areas in which the business is located.
 Self-recycle and certify compliance.
 Undertake a combination of such measures, or such alternate measures, as may be approved by the City to reduce the amount of waste from the commercial sector being taken to a landfill.

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MM UTL-3: Screened Storage. Prior to issuance of grading or building permits, the Project Applicant shall construct, adequate, segregated, on-site screened storage for collection of commercial solid waste and source-separated recyclable materials if constructing new facilities or if existing facilities do not provide such areas. The area shall be designed to be architecturally compatible with the development and shall not prevent security of the recyclables. Driveways and/or travel aisles shall provide, at a minimum, unobstructed access for collection vehicles and personnel. A sign clearly identifying all recycling/solid waste collection and loading areas and the materials accepted shall be posted adjacent to all points of direct access to the area.

LEVEL OF SIGNIFICANCE
The Project would have a less-than-significant impact with mitigation incorporated.

Impact #3.4.19e – Would the Project comply with federal, state, and local statutes and regulations related to solid waste?
Construction and operational activities that generate solid waste are handled, transported, and disposed of in accordance with applicable federal, state, and local regulations pertaining to municipal waste. The 1989 California Integrated Waste Management Act requires jurisdictions to attain specific waste diversion goals (AB 393, 2019). In addition, the California Solid Waste Reuse and Recycling Access Act of 1991, as amended, requires expanded or new development projects to incorporate storage areas for recycling bins into the proposed project design. Reuse and recycling of construction debris would reduce operating expenses and save valuable landfill space. With development in accordance with the City’s General Plan, solid waste will continue to be handled, transported, and disposed of according to all applicable federal, state, and local regulation pertaining to municipal waste disposal.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have a less-than-significant impact.

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Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated

Less-thanSignificant
Impact

No
Impact

3.4.20 - WILDFIRE
Would the Project:
a. Substantially impair an adopted emergency
response plan or emergency evacuation
plan?
b. Due to slope, prevailing winds, and other
factors, exacerbate wildfire risks, and
thereby expose Project occupants to,
pollutant concentrations from a wildfire or
the uncontrolled spread of a wildfire?
c. Require the installation or maintenance of
associated infrastructure (such as roads, fuel
breaks, emergency water sources, power
lines or other utilities) that may exacerbate
fire risk or that may result in temporary or
ongoing impacts to the environment?
d. Expose people or structures to significant
risks, including downslope or downstream
flooding or landslides, as a result of runoff,
post-fire slope instability, or drainage
changes?
Discussion
Impact #3.4.20a – Would the Project substantially impair an adopted emergency response plan or emergency evacuation plan?
The proposed Project will not inhibit the ability of local roadways to continue to accommodate emergency response and evacuation activities. The proposed TSM will include on-site private roads with a locked security perimeter gate. The Applicant would be required to include a Knox Box to provide first responders with on-site access.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have a less-than-significant impact.

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Impact #3.4.20b – Would the Project due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose Project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? The Project site is located on relatively flat land and is not located near any woodlands that would have the ability to create wildfires. There is little to no risk of Project occupants being exposed to pollutant concentration from a wildfire. The Project would be required to install fire suppression improvements on-site to serve the site if a fire were to ever occur.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have a less-than-significant impact.

Impact #3.4.20c – Would the Project require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment?
The Project includes the installation of fire hydrants and the construction of roadways to access each newly created parcel, however, due to the minimal nature, it’s not considered to exacerbate fire risk.

MITIGATION MEASURE(S)
No mitigation is required.

LEVEL OF SIGNIFICANCE
The Project would have no impact.

Impact #3.4.20d – Would the Project expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes?
The project site is relatively flat. The Project would not expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes.

MITIGATION MEASURE(S)
No mitigation is required.

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LEVEL OF SIGNIFICANCE
The Project would have no impact.

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Discussion
Impact #3.4.21a – Does the Project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory?
As evaluated in this IS/MND, the proposed Project would not substantially degrade the quality of the environment; substantially reduce the habitat of a fish or wildlife species; cause a fish or wildlife population to drop below self-sustaining levels; threaten to eliminate a plant or animal community; reduce the number or restrict the range of an endangered, rare, or threatened species; or eliminate important examples of the major periods of California history or prehistory. As analyzed, the proposed Project would not have the potential to

Potentially
Significant
Impact
Less than
Significant
with
Mitigation
Incorporated

Less than
Significant
Impact

No
Impact

3.4.21 - MANDATORY FINDINGS OF

SIGNIFICANCE
a. Does the Project have the potential to
substantially degrade the quality of the
environment, substantially reduce the
habitat of a fish or wildlife species, cause a
fish or wildlife population to drop below
self-sustaining levels, threaten to eliminate
a plant or animal community, substantially
reduce the number or restrict the range of a
rare or endangered plant or animal, or
eliminate important examples of the major
periods of California history or prehistory?
b. Does the Project have impacts that are
individually limited, but cumulatively
considerable? (“Cumulatively considerable”
means that the incremental effects of a
Project are significant when viewed in
connection with the effects of past Projects,
the effects of other current Projects, and the
effects of probable future Projects.)
c. Does the Project have environmental effects
that would cause substantial adverse effects
on human beings, either directly or
indirectly?

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degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plants or animals. With mitigation the Project is not anticipated to eliminate important examples of the major periods of California's history or prehistory. Therefore, the Project would have a less-than-significant impact with mitigation incorporated.

MITIGATION MEASURE(S)
Implementation of Mitigation Measures BIO-1 through BIO-9 and CUL-1 and CUL-2.

LEVEL OF SIGNIFICANCE
The Project would have a less-than-significant impact with mitigation incorporated.

Impact #3.4.21b – Does the Project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a Project are significant when viewed in connection with the effects of past Projects, the effects of other current Projects, and the effects of probable future Projects.)? As described in the impact analyses in Sections 3.4.1 through 3.4.20 of this IS/MND, any potentially significant impacts of the proposed Project would be reduced to a less-thansignificant level following incorporation of the mitigation measures listed in Appendix A – Mitigation Monitoring and Reporting Program. Projects completed in the past have also implemented mitigation as necessary. Accordingly, the proposed Project would not otherwise combine with impacts of related development to add considerably to any cumulative impacts in the region. With the implementation of mitigation, the proposed Project would not have impacts that are individually limited, but cumulatively considerable.

Therefore, the Project would have a less-than-cumulatively-considerable impact with mitigation incorporated.

MITIGATION MEASURE(S)
Implementation of Mitigation Measures BIO-1 through BIO-9, CUL-1, CUL-2, GEO-1, GEO-1, TRA-1, TRA-2 and UTL-3 through UTL-3.

LEVEL OF SIGNIFICANCE
The Project would have a less-than-significant impact with mitigation incorporated.

Impact #3.4.21c – Does the Project have environmental effects that would cause substantial adverse effects on human beings, either directly or indirectly? All of the Project’s impacts, both direct and indirect, that are attributable to the Project were identified and mitigated to be extent feasible. As shown in Appendix A – Mitigation Monitoring and Reporting Program, the District has agreed to implement mitigation substantially reducing or eliminating impacts as a result of the Project. Therefore, the

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proposed Project would not either directly or indirectly cause substantial adverse effects on human beings because all potentially adverse direct impacts of the proposed Project are identified as having no impact, less-than-significant impact, or less-than-significant impact with mitigation.

MITIGATION MEASURE(S)
Implementation of I Mitigation Measures BIO-1 through BIO-9, CUL-1, CUL-2, GEO-1, GEO1, TRA-1, TRA-2 and UTL-3 through UTL-3.

LEVEL OF SIGNIFICANCE
The Project would have a less-than-significant impact with mitigation incorporated.

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SECTION 4 - LIST OF PREPARERS

4.1 - Lead Agency
• Miguel Galvez, Contract Planner
• John Anderson, Contract City Planner
• Randy Hatch, Former Contract City Planner

4.2 - QK Inc.
• Spencer Supinger, PE, Project Manager
• Annalisa Perea, AICP, Senior Planner
• Carlos Rojas, Associate Planner
• Amber Williams, Technical Writer
• Carrie Wingert, Senior Biologist

4.3 - Subconsultants
• Geotechnical Engineering Investigation – Krazan and Associates • Traffic Impact Study – VRPA

Draft IS/MND Bibliography

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SECTION 5 - BIBLIOGRAPHY
Assembly Bill 32 Global Warming Solutions Act.

California Department of Food and Agriculture. (2017). PEIR - CalCannabis Cultivation Licensing. California Department of Forestry and Fire Protection. Fire Threat Map.

Accessed January 15, 2020 from https://osfm.fire.ca.gov/divisions/wildfireplanning-engineering/wildland-hazards-building-codes/fire-hazard-severity-zonesmaps/.

California Department of Fish and Wildlife (CDFW). 2019a. Biogeographic Information and Observation System (BIOS). Accessed January 15, 2020 from www.wildlife.ca.gov/data/BIOS
CDFW. 2019b. California Natural Diversity Database (CNDDB) – Commercial version dated September 1, 2019. Accessed January 15, 2020 from
https://map.dfg.ca.gov/rarefind/view/RareFind.aspx.

California Native Plant Society, Rare Plant Program (CNPS). 2019. Inventory of Rare and Endangered Plants (online edition, v8-03 0.38). Sacramento, CA. Accessed September 2019 from http://www.rareplants.cnps.org.

Carollo. (2007). City of Livingston Water Distribution System Master Plan.

Central California Information Center of California (CCIC). Cultural Records Search.

Conducted on August 12, 2019.

Environment, R. W. (2013). Merced Integrated Regional Water Management Plan.

Krazan & Associates, I. (2019). Geotechnical Engineering Investigation.

Livingston, C. o. (2019). Livingston, California Code. Sterling Codifiers.

Livingston General Plan, adopted December 1999 - City of LivingstonMayer, K. E., and W. F.

Laudenslayer, Jr. 1988. A Guide to Wildlife Habitats of California, with online updates.

State of California, Resources Agency, Department of Fish and Wildlife. Sacramento, CA 166 pp.

Merced Irrigation District. 1973. MID Water Boundary Map. Accessed January 15, 2020 from http://www.mercedid.com/index.cfm/water/maps/
San Joaquin Valley Air Pollution Control District (SJVAPCD). Small Project Analysis Level (SPAL). Accessed January 15, 2020 from
https://www.valleyair.org/transportation/CEQA%20Rules/SPALTables61912.pdf SJVAPCD. 2015. Guide for Assessing and Mitigating Air Quality Impacts (GAMAQI) San Joaquin Valley Air Pollution Control District.

Draft IS/MND Bibliography

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SGMA, M. (2019). Merced Groundwater Subbasin. Retrieved from Merced SGMA:
http://mercedsgma.org/index#overview
US Department of Agriculture Natural Resources Conservation Service (NRCS). 2019a. Web soil survey. Accessed September 2019 from
https://websoilsurvey.sc.egov.usda.gov/App/WebSoilSurvey.aspx USDA, NRCS. 2019b. Lists of Hydric Soils. National Cooperative Soil Survey, US Department of Agriculture. Accessed January 15, 2020 from
https://www.nrcs.usda.gov/wps/portal/nrcs/main/soils/use/hydric/ US Fish and Wildlife Service (USFWS). 2011. Standardized Recommendation for Protection of the Endangered San Joaquin Kit Fox Prior to or During Ground Disturbance, Sacramento, California.

USFWS. 2019a. Critical Habitat Portal. Available at:
https://ecos.fws.gov/ecp/report/table/critical-habitat.html USFWS. 2019b. Information for Planning and Consultation online project planning tool.

Available at: https://ecos.fws.gov/ipac/
USFWS. 2019c. National Wetlands Inventory Wetlands Mapper. Accessed January 15, 2020 from https://www.fws.gov/wetlands/data/mapper.html
US Fish and Wildlife Service (USFWS). 1998. Recovery plan for upland species of the San Joaquin Valley, California. Region 1. Portland, OR. 319 pp.

US Geological Survey (USGS). 2019. National Hydrography Dataset. Accessed January 15, 2020 from https://www.usgs.gov/core-science-systems/ngp/national-hydrography United States Department of Agriculture, Natural Resources Conservation Service Web Soil Survey. Accessed January 15, 2020 from
https://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm

APPENDIX

A MITIGATION MONITORING AND REPORTING PROGRAM

MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measure Timeframe Responsible Monitoring Agency Date Initial MM AQ-1: Prior to issuance of grading or building permits, the developer shall provide the City with evidence from the SJVAPCD of an approved Dust Control Plan or Construction Notification form under Regulation VIII – Fugitive Dust PM10 Prohibitions. The subdivision project may be subject to other rules including Rule 8021 (Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities), Rule 4601 (Architectural Coatings), and Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operation). The developer will be required to carry out measures of applicable SJVAPCD Rules and Regulations as noted.

Prior to construction Project Contractor/Lead Agency
MM BIO-1: Within 14 days of the start of Project activities on-site and in adjacent habitat, a pre-activity survey shall be conducted by a qualified biologist knowledgeable in the identification of this species. The surveys shall cover the canal plus surrounding upland habitat within 50 feet of the canal. Pedestrian surveys achieving 100 percent visual coverage will be conducted. If a western pond turtle is found on-site, the qualified biologist may relocate the animal downstream more than 500 feet from the Project disturbance footprint.

Prior to construction Project Contractor/Lead Agency
MM BIO-2: Within 14 days of the start of Project activities in any specific area, a pre-activity survey shall be conducted by a qualified biologist knowledgeable in the identification of these species. The surveys shall cover the Project site plus a 500-foot buffer. Pedestrian surveys achieving 100 percent visual coverage shall be conducted. Multiple surveys are anticipated to be needed, which would be phased with the construction of the Project. If no evidence of these species is detected, no further action is required.

Prior to construction Project Contractor/Lead Agency
MM BIO-3: If dens/burrows that could support any of these species are discovered during the pre-activity surveys conducted under BIO MM-2, the avoidance buffers outlined below shall be established.

No work would occur within these buffers unless the biologist approves and monitors the activity.

San Joaquin Kit Fox
 Potential Den – 50 feet
 Atypical Den – 50 feet (includes pipes and other manmade structures)  Known Den – 100 feet
 Natal/Pupping Den – 500 feet
American Badger Dens (occupied)
 Natal Den (February 1–July 1) – 250 feet
 Non-natal Den – 50 feet
Burrowing Owl (active burrows)
 April 1–October 15 – 500 feet
 October 16–March 31 – 100 feet
Prior to construction Project Contractor/Lead Agency
MM BIO-4: The following avoidance and minimization measures shall be implemented during all phases of the Project to reduce the potential for impact from the Project. They are modified from the US Fish and Wildlife Service Standardized Recommendations for Protection of the Endangered Prior to construction Project Contractor/Lead Agency

Mitigation Measure Timeframe Responsible Monitoring Agency Date Initial San Joaquin Kit Fox Prior to or During Ground Disturbance (USFWS 2011) and apply to all three species.
 Project-related vehicles shall observe a daytime speed limit of 20 mph throughout the site in all Project areas, except on county roads and state and federal highways. Nighttime construction speed limits shall be 10 mph.
 Off-road traffic outside of designated Project areas shall be prohibited.  All Project activities shall occur during daylight hours.  To prevent inadvertent entrapment of kit foxes or other animals during the construction of the Project, all excavated, steep-walled holes or trenches more than two-feet deep shall be covered at the close of each working day by plywood or similar materials. If the trenches cannot be closed, one or more escape ramps constructed of earthen-fill or wooden planks shall be installed.
 Before holes or trenches are filled, they shall be thoroughly inspected for trapped animals.

If at any time a trapped or injured kit fox is discovered, the USFWS and the CDFW shall be contacted before proceeding with the work.
 In the case of trapped animals, escape ramps or structures shall be installed immediately to allow the animal(s) to escape, or the USFWS shall be contacted for guidance.  All construction pipes, culverts, or similar structures with a diameter of four inches or greater that are stored at a construction site for one or more overnight periods shall be thoroughly inspected for kit foxes and burrowing owls before the pipe is subsequently buried, capped, or otherwise used or moved in any way. If a kit fox or burrowing owl is discovered inside a pipe, that section of pipe shall not be moved until the USFWS has been consulted. If necessary, and under the direct supervision of the biologist, the pipe may be moved only once to remove it from the path of construction activity until the fox or owl has escaped.
 All food-related trash items such as wrappers, cans, bottles, and food scraps shall be disposed of in securely closed containers and removed at least once a week from a construction or Project site.
 No firearms shall be allowed on the Project site, except by authorized law enforcement personnel.
 No pets, such as dogs or cats, shall be permitted on the Project site.  Use of rodenticides and herbicides in Project areas shall be restricted.  A representative shall be appointed by the Project proponent who will be the contact source for any employee or contractor who might inadvertently kill or injure a kit fox or burrowing owl or who finds a dead, injured, or entrapped kit fox or burrowing owl. The representative shall be identified during the employee education program and their name and telephone number shall be provided to the US Fish and Wildlife Service and California Department of Fish and Wildlife.
 An employee education program shall be developed and presented to Project personnel.

The program shall consist of a brief presentation by persons knowledgeable in kit fox, and burrowing owl, biology, and the legislative protections in place. The program shall include the following: a description of each species' natural history and habitat needs; a report of the occurrence of each species in the Project area; an explanation of the status of each species and its protections under federal and state laws; and a list of measures being taken to reduce impacts to each species during Project construction and implementation. A fact sheet conveying this information shall be prepared for distribution to the previously referenced people and anyone else who may enter the Project site.

Mitigation Measure Timeframe Responsible Monitoring Agency Date Initial  Upon completion of the Project, all areas subject to temporary ground disturbances (including storage and staging areas, temporary roads, pipeline corridors, etc.) shall be recontoured if necessary and revegetated to promote restoration of the area to pre-project conditions. An area subject to temporary disturbance means any area that is disturbed during the Project, but after project completion, will not be subject to further disturbance and has the potential to be revegetated.
 Any Project personnel who are responsible for inadvertently killing or injuring one of these species should immediately report the incident to their representative. This representative shall contact the CDFW and USFWS immediately in the case of a dead, injured, or entrapped listed animal.
 The Sacramento Fish and Wildlife Office and CDFW shall be notified in writing within three working days of the accidental death or injury to a San Joaquin kit fox during Project related activities. Notification must include the date, time, and location of the incident or of the finding of a dead or injured animal and any other pertinent information.

New sightings of kit fox shall be reported to the California Natural Diversity Database (CNDDB). A copy of the reporting form and a topographic map clearly marked with the location of where the kit fox was observed should also be provided to the USFWS.

MM BIO-5: If Project activities must occur during the nesting season (February 15 to August 31), preactivity nesting bird surveys shall be conducted within seven days prior to the start of construction at the construction site plus a 250-foot buffer for songbirds and a 500-foot buffer for raptors (other than Swainson’s hawk). The surveys shall be phased with the construction of the Project. If no active nests are found, no further action is required, however, nests may become active at any time throughout the summer, including when construction activities are occurring. If active nests are found during the survey or at any time during the construction of the Project, an avoidance buffer ranging from 50 feet to 350 feet may be required, as determined by a qualified biologist. The avoidance buffer will remain in place until the biologist has determined that the young are no longer reliant on the nest. Work may occur within the avoidance buffer under the approval and guidance of the biologist. The biologist shall have the ability to stop construction if nesting adults show sign of distress.

Prior to construction Project Contractor/Lead Agency
MM BIO-6: If Project activities must occur during the nesting season (February 15 to August 31), preactivity surveys shall be conducted for Swainson’s hawk nests in accordance with the Recommended Timing and Methodology for Swainson’s Hawk Nesting Surveys in California’s Central Valley, Swainson’s Hawk Technical Advisory Committee (CDFW 2000). The surveys would be conducted on the Project site plus a half-mile buffer. To meet the minimum level of protection for the species, surveys shall be conducted during at least two survey periods. The survey will be conducted in accordance with the methodology outlined in existing protocols and shall be phased with the construction of the Project.

If no Swainson’s hawk nests are found, no further action is required.

Prior to construction Project Contractor/Lead Agency
MM BIO-7: If an active Swainson’s hawk nest is discovered at any time within one-half mile of active construction, a qualified biologist will complete an assessment of the potential for current construction activities to impact the nest. The assessment will consider the type of construction activities, the location of construction relative to the nest, the visibility of construction activities from the nest location, and other existing disturbances in the area that are not related to the construction activities of this Project. Based on this assessment, the biologist will determine if construction activities can proceed and the level of nest monitoring Prior to construction Project Contractor/Lead Agency

Mitigation Measure Timeframe Responsible Monitoring Agency Date Initial required. Minimally, construction activities should not occur within 100 feet of an active nest and may require monitoring if within 500 feet of an active nest. The qualified biologist should have the authority to stop work if it is determined that Project construction is disturbing the nest. These buffers may need to increase depending on the sensitivity of the nest location, the sensitivity of the nesting Swainson’s hawk to disturbances, and the discretion of the qualified biologist.

MM BIO-8: Prior to start of construction activities, a qualified biologist shall conduct a preconstruction survey with special attention to trees and manmade structures, including a daytime inspection and a flyout inspection at dusk. The survey shall be conducted within 14 days prior to the construction activities. If no bats are detected, no further action is required.

If bats are detected, acoustical sampling shall be conducted to identify the species present. If pallid bats, western mastiff bats, or hoary bats are identified to be roosting in the trees or structures, work shall not commence until all of the following have been implemented:
 Bats have been passively excluded from the tree or structure by progressively boarding up any entrances at night while bats are foraging away from the tree or structure. Relocation of bats may not be performed during the breeding season (March 1 to September 15).  Permanent, elevated bat houses have been installed outside of, but near the construction area, preferably in designated open space areas. Placement and height shall be determined by a qualified biologist, but the height of a bat house shall be at least 15 feet. Bat houses shall be multi-chambered. The number of bat houses required shall be dependent upon the size and number of colonies present, but at least one bat house shall be installed for each pair of bats (if occurring individually) or each colony of bats found.  If a tree or structure containing a roost for pallid, western mastiff, or hoary bats shall be removed or may lead to roost abandonment during construction, a qualified biologist shall design and determine an appropriate location for an alternate roost structure.

BIO-9 Prior to issuance of any grading or building permit, the applicant or developer shall submit a final Delineation report and evidence of the pertinent permits to the City of Livingston. The report shall include information as shown below as a plan if necessary and shall outline compliance to the following:

1. Delineation of all jurisdictional features at the project site. Potential jurisdictional features within the project boundary identified in the jurisdictional delineation report may be shown in plan form.

2. If the Project has a potential to directly or indirectly impact jurisdictional aquatic resources, a formal aquatic resource delineation of these areas shall be performed by a qualified professional to determine the extent of agency jurisdiction and permits/authorizations from the appropriate regulating agencies (Central Valley Regional Water Quality Control Board (RWQCB), CDFW and US Army Corps of Engineers (USACE) shall be obtained prior to disturbance to jurisdictional features.

Prior to construction

Prior to issuance of grading
permits
Project Contractor/Lead Agency
Project Contractor/Lead Agency

Mitigation Measure Timeframe Responsible Monitoring Agency Date Initial If it is determined that canal is jurisdictional and cannot be avoided, the Project proponent shall obtain a Section 401 Waters Quality Certification from the RWQCB, a Section 404 permit from USACE and a Lake and Streambed Alteration Agreement from the CDFW, if required prior to impacting any waters.

As part of these authorizations, compensatory mitigation may be required by the regulating agencies to offset the loss of aquatic resources. If so, and as part of the permit application process, a qualified professional shall draft a Monitoring Plan to address implementation and monitoring requirements under the permit to ensure that the Project would result in no net loss of habitat functions and values. The Plan shall contain, at a minimum, mitigation goals and objectives, mitigation location, a discussion of actions to be implemented to mitigate the impact, monitoring methods and performance criteria, extent of monitoring to be conducted, actions to be taken in the event that the mitigation is not successful, and reporting requirements. The Plan shall be approved by the appropriate regulating agencies and compensatory mitigation shall take place either on site or at an appropriate off-site location.

3. Any material/spoils generated from project activities containing hazardous materials shall be located away from jurisdictional areas or special-status habitat and protected from storm water run-off using temporary perimeter sediment barriers such as berms, silt fences, fiber rolls, covers, sand/gravel bags, and straw bale barriers, as appropriate.

Protection measures should follow project-specific criteria as developed in a Stormwater Pollution Prevention and Protection Plan (SWPPP).

4. Equipment containing hazardous liquid materials shall be stored on impervious surfaces or plastic ground covers to prevent any spills or leakage from contaminating the ground and at least 50 feet outside the delineated boundary of jurisdictional water features.

Any spillage of material shall be stopped if it can be done safely. The contaminated area shall be cleaned, and any contaminated materials properly disposed. For all spills, the project foreman or designated environmental representative shall be notified MM CUL-1: Although there is no recorded evidence of historic or archaeological sites within the Project area, there is the potential during Project-related excavation and construction for the discovery of these types of resources. The Applicant shall incorporate into the construction contract(s) for the Project a provision that if a potentially significant historical or archaeological resource is encountered during subsurface construction activities (i.e., trenching, grading), all construction activities within a 50-foot radius of the identified potential resource shall cease until a qualified archaeologist evaluates the item for its significance and records the item on the appropriate State Department of Parks and Recreation (DPR) forms.

The archaeologist shall determine whether the item requires further study. If, after the qualified archaeologist conducts appropriate technical analyses, the item is determined to be significant under CEQA, the archaeologist shall recommend a feasible protocol, which may include avoidance, preservation in place, or other appropriate measures, as outlined in Public Resources Code Section 21083.2.

During construction phase Project Contractor/Lead Agency

Mitigation Measure Timeframe Responsible Monitoring Agency Date Initial MM CUL-2: If ground-disturbing activities uncover previously unknown human remains, Section 7050.5 of the California Health and Safety Code applies, and the following procedures shall be followed:

There shall be no further excavation or disturbance of the area where the human remains were found until the County Coroner/Sheriff’s Office is contacted. Duly authorized representatives of the Coroner shall be permitted onto the Project site and shall take all actions consistent with Health and Safety Code Section 7050.5 and Government Code Section 27460, et seq. Excavation or disturbance of the area where the human remains were found, or within 50 feet of the find, shall not be permitted to recommence until the Coroner determines that the remains are not subject to the provisions of law concerning investigation of the circumstances, manner, and cause of any death. If the Coroner determines the remains are Native American, the Coroner shall contact the NAHC within 24 hours, and the NAHC shall identify the person or persons it believes to be the “most likely descendant” (MLD) of the deceased Native American. The MLD may make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in PRC Section 5097.98.

During construction phase Project Contractor/Lead Agency MM GEO 1: Prior to Project implementation, the Applicant shall submit an approved copy of (1) the approved Storm Water Pollution Prevention Plan (SWPPP), and (2) the Notice of Intent (NOI) to comply with the General National Pollutant Discharge Elimination System (NPDES) from the Central Valley Regional Water Quality Control Board. The requirements of the SWPPP and the NPDES shall be incorporated into the design specifications and construction contracts.

Prior to construction Project Contractor/Lead Agency
MM GEO-2: The Applicant will incorporate into the construction contract(s) a provision that in the event a fossil or fossil formations are discovered during any subsurface construction activities for the proposed Project (i.e., trenching, grading), all excavations within 50 feet of the find shall be temporarily halted until the find is examined by a qualified paleontologist, in accordance with Society of Vertebrate Paleontology standards. The paleontologist shall notify the Applicant, who shall coordinate with the paleontologist as to any necessary investigation of the find. If the find is determined to be significant under CEQA, the Applicant shall implement those measures, which may include avoidance, preservation in place, or other appropriate measures, as outlined in Public Resources Code Section 21083.2.

During construction phase Project Contractor/Lead Agency MM TRA-1: The Applicant shall be responsible for the following improvements:

Intersections:

Main Street at Campbell Boulevard
 Near-Term Plus Project scenario:
o Install traffic signal
 Cumulative Year 2042 Plus Project scenario:
o Install traffic signal
o Widen the westbound approach to one left turn lane, one through lane, and one right turn lane (adding one right turn lane)
Winton Parkway at SR 99 NB Ramps
 Cumulative Year 2042 Plus Project scenario:

At appropriate timeframe Project Contractor/Lead Agency

Mitigation Measure Timeframe Responsible Monitoring Agency Date Initial o Install Traffic Signal
o Widen the southbound approach to one through lane and one right turn lane (adding one right turn lane)
Winton Parkway at SR 99 SB Ramps
 Existing Plus Project and Near-Term Plus Project scenario:
o Install Traffic Signal
o Widen the northbound approach to one through lane and one right turn lane (adding one right turn lane)
o Widen the eastbound approach to one left turn lane and one right turn lane (adding one left turn lane)
 Cumulative Year 2042 Plus Project scenario:
o Install Traffic Signal
o Widen the northbound approach to one through lane and one right turn lane (adding one right turn lane)
o Widen the eastbound approach to one left turn lane and two right turn lane (adding one left turn lane and one right turn lane)
Hammatt Avenue at SR 99 NB Ramps
 Existing Plus Project scenario:
o Install Traffic Signal
 Near-Term Plus Project scenario:
o Install Traffic Signal
o Widen the westbound approach to one left-through lane and two right turn lanes (adding one right turn lane)
 Cumulative Year 2042 Plus Project scenario:
o Install Traffic Signal
o Widen the southbound approach to one through lane and one right turn lane (adding one right turn lane)
o Widen the westbound approach to one left-through lane and two right turn lanes (adding one right lane)
Hammatt Avenue at SR 99 SB Ramps
 Near-Term Plus Project scenario:
o Install Traffic Signal
 Cumulative Year 2042 Plus Project scenario:
o Install Traffic Signal
o Widen the northbound approach to one through lane and one right lane (adding one right turn lane)
MM TRA-2: The applicant or developer shall be required to contribute a fair share towards the costs of improvements that are identified for the Cumulative Year 2042 scenarios. The intent of determining the equitable responsibility for the improvements identified above for the Cumulative Year 2042 scenarios, is to provide a starting point for early discussions to address traffic mitigation equitability and to calculate the equitable share for mitigating traffic impacts.

Prior to issuance of certificate of
occupancy or sooner if required
by City staff.

Project Contractor/Lead Agency

Mitigation Measure Timeframe Responsible Monitoring Agency Date Initial The formula used to calculate the equitable share responsibility to the study area is as follows:

Equitable Share = (Project Trips)/(Future Year Plus Approved Project Traffic – Existing Traffic).

EquitableShare Responsibility

INTERSECTION PEAK
HOUR

EXISTING PROJECT TRIPS

CUMULATIVE
YEAR 2042 PLUS

PROJECT

FAIR SHARE

PERCENTAGE
Main Street / Campbell Boulevard
AM 1,189 22 1,701 4.3%
PM 946 28 1,396 6.2%
Winton Parkway / SR 99 NB Ramps
AM 1,284 4 1,727 0.9%
PM 1,243 6 1,675 1.4%
Winton Parkway / SR 99 SB Ramps
AM 1,711 3 2,301 0.5%
PM 1,727 2 2,323 0.3%
Hammatt Avenue / SR 99 NB Ramps
AM 1,322 6 2,208 0.7%
PM 1,262 7 2,131 0.8%
Hammatt Avenue / SR 99 SB Ramps
AM 1,160 1 1,873 0.1%
PM 1,236 5 2,010 0.6%

MM UTL-1: During construction of future commercial cannabis facilities, the Project Applicant shall not store construction waste on-site for longer than the duration of the construction activity or transport any waste to any unpermitted facilities. The Project Applicant shall also reduce construction waste transported to landfills by ensuring construction and demolition waste is hauled to one of the six City-approved construction and demolition disposal facilities listed above.

During construction phase Project Contractor/Lead Agency MM UTL-2: In order to reduce the amount of waste generated from cannabis-related operations being taken to the landfill, the following shall be incorporated into the CUP conditions of approval for each Project:

Businesses generating four cubic yards or more of commercial solid waste per week are required to recycle and take one, or any combination, of the following actions:
 Subscribe to source-separated recycling service with a regional franchise hauler authorized to provide service for the area in which the business is located.  Subscribe to a mixed solid waste recycling service with a regional franchise hauler authorized to provide service for the areas in which the business is located.  Self-recycle and certify compliance.

Undertake a combination of such measures, or such alternate measures, as may be approved by the City to reduce the amount of waste from the commercial sector being taken to a landfill.

Throughout Operations Project Contractor/Lead Agency
MM UTL-3: Prior to issuance of grading or building permits, the Project Applicant shall construct, adequate, segregated, on-site screened storage for collection of commercial solid waste and source-separated recyclable materials if constructing new facilities or if existing facilities do Prior to issuance of grading or
building permits
Project Contractor/Lead Agency

Mitigation Measure Timeframe Responsible Monitoring Agency Date Initial not provide such areas. The area shall be designed to be architecturally compatible with the development and shall not prevent security of the recyclables. Driveways and/or travel aisles shall provide, at a minimum, unobstructed access for collection vehicles and personnel. A sign clearly identifying all recycling/solid waste collection and loading areas and the materials accepted shall be posted adjacent to all points of direct access to the area.

RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING GENERAL PLAN AMENDMENT NO. GPA 2020-01 FOR THE GREENZONE INDUSTRIAL

BUSINESS PARK ON THE WEST SIDE OF BIRD STREET
(APN: 047-090-004)
WHEREAS, the owner and applicant, Emad Zam Zami and Green Zone Enterprises, a California Limited Liability Company have submitted an application to the City of Livingston for a General Plan Amendment for property located at Bird Street, Livingston, CA (Assessor Parcel Number 047 090-004); and
WHEREAS, the applicants are requesting approval of a General Plan Amendment to designate approximately 19.87 acres from Industrial Reserve (IR) to Limited Industrial (LI); and WHEREAS, the applicants are requesting approval of a Tentative Subdivision Map to subdivide an 19.87 acre parcel into 22 lots and a storm basin lot on the same property; and WHEREAS, this proposed General Plan Amendment, and the entire Greenzone Industrial Business Park are a “Project” within the meaning of the California Environment Quality Act (CEQA); and
WHEREAS, the City of Livingston has caused to be prepared an Initial Study / Mitigated Negative Declaration (IS/MND) addressing the potential environmental effects of the Project in accordance with the requirements of CEQA; and
WHEREAS, a Notice of Intent to Adopt the Mitigated Negative Declaration was published on August 2, 2023 in the Merced Sun-Star, posted with the Merced County Clerk, and distributed to agencies and interested parties; and
WHEREAS, the Draft IS/MND was circulated for public and agency review and comment in accordance with the requirements of CEQA from January 20, 2023 through February 26, 2023; and
WHEREAS, two comment letters were received during the public and agency review period and addressed in the Draft IS/MND, which is hereby incorporated by reference: and WHEREAS, a Mitigation Monitoring/Reporting Program for the project has been prepared, and hereby incorporated by reference, and
WHEREAS, the Livingston City Council has reviewed and independently considered the analysis and conclusions of the Final IS/MND, the proposed change in General Plan designation, and proposed rezoning; and
WHEREAS, the Livingston City Council has reviewed and considered any and all comments on the Final IS/MND, General Plan Amendment, at the public hearing; and

WHEREAS, the Planning Commission has held a public hearing and recommended approval of the proposed project on September 12, 2023, which has been properly noticed by posting, a newspaper ad, and a mailing to adjacent properties within 600 feet of the site; and WHEREAS, the Livingston City Council held a public hearing on the proposed project on October 17, 2023, which has been properly noticed by posting, a newspaper ad, and a mailing to adjacent properties within 600 feet of the site or three parcels away, whichever is greater; and NOW, THEREFORE, BE IT RESOLVED that the Livingston City Council hereby adopts Resolution 2023-____, approving the General Plan Amendment Application No. 2020-01 for the Greenzone Industrial Business Park area also identified as Assessor Parcel Number 047 090- 004 and illustrated on attached Exhibit A.

I hereby certify the foregoing Resolution No. 2023-___ is a full and true copy of a resolution passed and adopted by the Livingston City Council at a regular meeting thereof duly held on the 17th day of October, 2023, by the vote recorded as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:

By: ________________________________
Jose Moran, Mayor
of the City of Livingston
ATTEST:
___________________________________
Monica Cisneros, Deputy City Clerk
of the City of Livingston

APPROVED AS TO LEGAL FORM

Roy C. Santos, City Attorney

Exhibit A

RESOLUTION NO. 2023-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING TENTATIVE SUBDIVISION MAP APPLICATION NO. TSM 2020-01 - GREENZONE INDUSTRIAL BUSINESS PARK, TO SUBDIVIDE A 19.87-ACRE PROPERTY INTO 22 LOTS AND A STORM DRAINAGE BASIN LOT IN THE M-1 ZONING DISTRICT. (APN: 047-090-004)
WHEREAS, the owner and applicant, Emad Zam Zami and Green Zone Enterprises, a California Limited Liability Company have submitted an application to the City of Livingston for a Tentative Subdivision Map for property located at Bird Street, Livingston, CA in the City of Livingston; (Assessor Parcel Number 047 090-004) and
WHEREAS, the applicants are requesting approval of a Tentative Subdivision Map Rezone to subdivide an 19.87 acre parcel into 22 lots and a storm basin lot on the same property; and WHEREAS, the applicants are also requesting approval of a General Plan Amendment to designate approximately 19.87 acres from Industrial Reserve (IR) to Limited Industrial (LI); and WHEREAS, per California Government Code Section 66474, a City shall deny approval of any tentative map, or a parcel map, if it can make any of the following findings listed thereof.

WHEREAS, the Tentative Subdivision Map findings under California Government Code Section 66474 can be made for the following reasons:

1. That the proposed maps is consistent with Livingston General Plan as the property continues to be designated with industrial uses.

2. The design or improvement of the proposed subdivision is consistent with the Livingston General Plan as its design is found to be consistent with the City’s zoning regulations and will be conditioned to comply to meet City development standards.

3. The site is physically suitable for the type of development, as it undeveloped and large enough to accommodate the proposed land uses.

4. Although no development project is proposed with the GPA and TSM application, the site is physically suitable for the proposed density of development in as much all subsequent development will be subject to individual review for compliance with the City’s zoning and development standards.

5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat because mitigation measures will be incorporated in the project approval to address any potential impacts.

6. The design of the subdivision or type of improvements are not likely to cause serious public health problems because the design, improvements and conditions of approval for the project must be applied to the project in conformance to City standards.

WHEREAS, this proposed General Plan Amendment, and the entire Greenzone Industrial Business Park are a “Project” within the meaning of the California Environment Quality Act (CEQA); and
WHEREAS, these actions are subject to the California Environmental Quality Act and the City of Livingston has caused the preparation an Initial Study / Mitigated Negative Declaration (IS/MND) addressing the potential environmental effects of the Project in accordance with the requirements of CEQA; and
WHEREAS, the Planning Commission held a public hearing on the proposed project on September 12, 2023, which has been properly noticed by posting, a newspaper ad, and a mailing to adjacent properties within 600 feet of the site; and WHEREAS, the Livingston City Council held a public hearing on the proposed project on October 17, 2023, which has been properly noticed by posting, a newspaper ad, and a mailing to adjacent properties within 600 feet of the site or three parcels away, whichever is greater; and NOW, THEREFORE, BE IT RESOLVED that the Livingston City Council hereby adopts Resolution 2023-____, approving the Tentative Subdivision Map Application No. TSM 2020-01 - Greenzone Industrial Business Park Tentative Subdivision Map.

BE IT FURTHER RESOLVED that Tentative Subdivision Map No. TSM 2020-01 – Greenzone Industrial Business Park shall be subject to the Conditions of Approval and Mitigation Measures attached and incorporated herein as Exhibit A.

I hereby certify the foregoing Resolution No. 2023-___ is a full and true copy of a resolution passed and adopted by the Livingston City Council at a regular meeting thereof duly held on the 17th day of October, 2023, by the vote recorded as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:

By: ________________________________
Jose Moran, Mayor
of the City of Livingston
ATTEST:
___________________________________
Monica Cisneros, Deputy City Clerk
of the City of Livingston

APPROVED AS TO LEGAL FORM

Roy C. Santos, City Attorney

Exhibit A
Greenzone Tentative Subdivision Map Application No. TSM 2020-01 Conditions of Approval
------------------------------------------------------------------------------------------------------------------------------- City of Livingston

1. 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.

2. Make the following technical corrections to the Tentative Map:
a) Revise the map name to read “Tentative Tract Map” or “Tentative Subdivision Map”. b) Provide and label all proposed and existing easements on the map such as easements for public water and sewer, and irrigation pipeline.
c) Show and label the proposed connection to sanitary sewer similar to the water connection reference on the map.
d) Show and label the Center Line Monuments on the map as required by the City standards.
e) Show and label the right of way dedication for Bird Street. f) Revise the Subdivider Statement “L” to match the Applicant’s proposed phasing of the subdivision.
g) Show and label ‘A’ Street, ‘B’ Street, and ‘C’ Street as common lot (s). h) Show and label the water well site as a dedicated lot. i) Add a note that the storm drain basin is to remain privately owned and maintained. j) Water and wastewater pipes to be displayed in an easement along interior streets. k) Revise the map and show all other applicable requirements under the Tentative Subdivision Map - Conditions of Approval below.

Tentative Subdivision Map Conditions of Approval:

3. All minimum conditions of subdivision approval in the Subdivision Ordinance are included by reference.

4. The subdivision map shall comply with all provisions of the Subdivision Map Act.

5. Approval of the Tentative Subdivision Map is subject to all required California Environmental Quality Act studies and corresponding mitigation measures as determined by the City Planner.

6. Prior to approval of the Final Subdivision Map and recording thereof, Applicant shall:
a. Construct all public improvements or provide the required surety for the construction thereof for acceptance by the City Council.
b. Construct or provide required surety for all irrigation improvements as required by Merced Irrigation District.
c. Construct all private improvements or provide the required surety for the construction thereof for approval by the City of Livingston.

d. All necessary dedications for rights of way and easements shall be provided to the City of Livingston, Merced Irrigation District, public utility companies, and other affected agencies.

7. Prior to approval of the Final Subdivision Map, improvement plans for streets, utilities, drainage facilities, survey monuments, grading, erosion control, and other required improvements shall be submitted for the City Engineer’s approval.

8. Public improvements shall conform to the latest edition of the City of Livingston Improvement Standards 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.

9. A soils report prepared by a California registered geotechnical engineer shall be submitted to the City Engineer as part of the improvement plans. The soils report shall include recommendations for the structural sections for streets, excavation, compaction, clearing, and grubbing requirements.

10. Prior to approval of the improvement plans, Applicant shall prepare a Storm Water Pollution Prevention Plan (SWPPP) pursuant to the California Water Resources Control Board Order No. 2009-0009-DWQ, NPDES No. CA000002 and the City of Livingston’s MS4 Phase II Permit for construction activities. Prepare an Erosion Control Plan for storm water and construction BMPs. Subdivider shall provide a WDID number prior to approval of the improvement plans.

11. Prior to approval of the improvement plans, Applicant shall prepare and provide volumetric sizing calculations, low impact development (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.

12. Prior to approval of the improvement plans, Applicant shall prepare a Dust Control Plan (DCP) and file the Plan with the San Joaquin Valley Air Pollution Control District for approval of construction activities for the project if required.

13. Prior to the issuance of any grading and encroachment permits, Applicant shall pay the permit fee, plan check and inspection fees, and furnish improvement securities pursuant to the City’s improvement standards, municipal code, ordinances, and California Subdivision Map Act. The payment of permit fees shall be made as follows:
a. Balance due for review of TSM and to prepare conditions of approval paid at request for approval of TSM
b. Deposit for review of Improvement Plans and Final Subdivision Map due at submittal of said plans and map
c. Deposit for project inspections due at issuance of grading and/or encroachment permits

14. Prior to the issuance of a building permit, Applicant shall pay all development impact fees as specified and pursuant to the City’s municipal code, ordinances, and resolutions. The fee assessment shall include all applicable fees for Public Facilities, Police, Fire Protection, Streets, Water, Sewer, Storm Drainage and Parks. Fees shall be paid at the time of the issuance of each permit.

15. The proposed parcels shall be annexed to all applicable assessment districts for the City of Livingston as determined by the City Planner.

16. Provide utility services to each lot including electric power, gas, telephone, and cable television. Construct all proposed utilities underground within the street rights of way or public utility easement.

17. Any existing overhead lines including electric, communication and Cable TV within the public rights of way or easements fronting the subdivision, or traversing the proposed parcels shall be undergrounded within the street rights of way or relocated to acceptable easements as approved by the City and the affected utility companies.

18. Construct street lighting for public streets pursuant to the City of Livingston Improvement Standards and provide LED luminaires as required and approved by the City of Livingston.

19. Applicant must address irrigation improvements and dedications for Merced Irrigation District facilities as follows:
a. Underground existing canals traversing the project site, remove the existing bridge crossing at Bird Street, and construct new pipeline improvements prior to the issuance of a building permit for Phase 1 and as required and approved by Merced Irrigation District and the City of Livingston.
b. Applicant shall dedicate any new easements and/or provide replacement easements for the displaced existing irrigation canals as required and approved by Merced Irrigation District.
c. Applicant shall construct all new irrigation improvements as permitted by Merced Irrigation District.
d. The City of Livingston shall receive a copy of all plans and related documents submitted to Merced Irrigation District.

20. Applicant shall construct a perimeter CMU-block wall extending the boundary of the subdivision prior to the issuance of a building permit for Phase 1. The proposed block wall shall meet the requirements of the City Engineer and City Planner and shall be constructed pursuant to the City standards.

21. Applicant shall comply with all flood hazard requirements for all newly created lots pursuant to the City of Livingston Floodplain Management Regulations and as approved by the City of Livingston.

22. The names for the new subdivision streets are subject to approval by the City of Livingston.

23. Remove all existing orchard trees, irrigation structures and any other facilities in conflict with the subdivision improvements.

24. The rights of way and easements shown on the Tentative Subdivision Map shall be preliminary until the Final Map is reviewed and approved by the City Engineer.

25. Applicant shall coordinate and obtain all required approvals from the County of Merced, Merced Irrigation District, and any other stakeholders affected by the work.

Subdivision Public Improvements
Public Streets

26. Dedicate street right of way and a 10’ public utility easement for the west half of Bird Street pursuant to Industrial Street Standards and construct street improvements as required for Industrial Streets. The Bird Street improvements from the south property line to ‘B’ Street shall be completed prior to the issuance of a building permit for Phase 1. The Bird Street improvements from ‘B’ Street to the north property line shall be completed prior to the issuance of a building permit for Phase 4. Roadway pavement shall be widened to ultimate street width within the project frontage and transitioned to existing pavement as required. Curb, gutter, sidewalk, curb cut ramp, street lighting, landscaping, culvert crossing, and other required street frontage improvements shall extend the length of the property line. Construct all required frontage improvements per City standards or as approved by the City Engineer.

27. Dedicate street right of way at the south end of Bird Street as required for a future cul-de-sac where Bird Street changes to east-west direction.

28. Applicant shall pay the fair share cost or construct improvements for the following locations as required by the project’s Transportation Impact Analysis prepared by VRPA Technologies, Inc., dated April 2021, prior to the issuance of a building permit for Phase 1:
a. Construct or pay the maximum fair share of 6.2% or minimum of 4.3% at the City’s discretion for intersection improvements at Main Street and Campbell Boulevard to mitigate the traffic impacts. The intersection improvements to include the required roadway configuration/traffic signal layout as approved by the City Engineer and pursuant to City standards.
b. Construct or pay the maximum fair share of 1.4% or minimum of 0.9% at the City’s discretion for intersection improvements at Winton Parkway and SR 99 Northbound Ramps to mitigate the traffic impacts. The intersection improvements to include the required roadway configuration/traffic signal layout as approved by Caltrans and the City Engineer and pursuant to Caltrans/City standards.
c. Construct or pay the maximum fair share of 0.5% or minimum of 0.3% at the City’s discretion for intersection improvements at Winton Parkway and SR 99 Southbound Ramps to mitigate the traffic impacts. The intersection improvements to include the required roadway configuration/traffic signal layout as approved by Caltrans and the City Engineer and pursuant to Caltrans/City standards.
d. Construct or pay the maximum fair share of 0.8% or minimum of 0.7% at the City’s discretion for intersection improvements at Hammatt Avenue and SR 99 Northbound Ramps to mitigate the traffic impacts. The intersection improvements to include the required roadway configuration/traffic signal layout as approved by Caltrans and the City Engineer and pursuant to Caltrans/City standards.
e. Construct or pay the maximum fair share of 0.6% or minimum of 0.1% at the City’s discretion for intersection improvements at Hammatt Avenue and SR 99 Southbound Ramps to mitigate the traffic impacts. The intersection improvements to include the required roadway configuration/traffic signal layout as approved by Caltrans and the City Engineer and pursuant to Caltrans/City standards.

29. Applicant must address improvements to Merced County roadways prior to the issuance of a building permit for Phase 1 and as follows:
a. Construct the improvements for Bird Street between Livingston Cressey Road and the project site as by the County of Merced on their Review Comments Letter to the City of Livingston dated October 12, 2022.

b. Construct any improvements for Livingston Cressey Road (Main Street) between Olive Avenue and Bird Street and the intersection of Livingston Cressey Road and Bird Street as required and approved by the County of Merced.

Public Water System

30. Construct water mains, fire hydrants, blowoffs, sampling stations, and lateral connections as necessary to serve the subdivision lots.

31. Water services for domestic, irrigation, and fire protection shall include shutoff valves, corporation stops, water meters, backflow preventers, post indicator valves, water storage tank and fire department connections as applicable. These items would be installed with the development of each individual lot and as part of the building permit process.

32. Construct minimum 8-inch City water mains and looped as needed to support the proposed subdivision and approved by the City Engineer. A pipe size other than the minimum shall be determined from hydraulic calculations and/or modeling studies, consistent with the existing network grid, or as recommended from the Water Master Plan.

33. Construct an 8-inch water main to extend from the point of connection at Main Street and Olive Avenue and along Livingston Cressey Road and Bird Street to the proposed well location at the basin site prior to the issuance of a building permit for Phase 1. Any portion of the water main extension traversing private property shall be installed within an easement dedicated to the City of Livingston and as approved by the City Engineer. There is an existing 12-inch water main at Olive Avenue for the proposed point of connection.

34. Construct an 8-inch water main to extend along the subdivision frontage on B Street and looped along ‘A’ Street, ‘B’ Street, and ‘C’ Street within a 25-ft minimum inclusive utility and access easement dedicated to the City of Livingston and as approved by the City Engineer prior to the issuance of a building permit for Phase 1. The inclusive easement may be occupied by a set of single sewer and storm drain pipelines.

35. Design and construct a municipal water well on a block wall-enclosed and dedicated 50’x50’ parcel prior to the issuance of a building permit for Phase 1 and with production capacity and equipment as required and approved by the City Engineer and pursuant to City standards.

The construction of agricultural wells within the City limits is currently prohibited pursuant to the City of Livingston Municipal Code Section 9-5-7.

36. Applicant shall provide the applicable water storage, municipal well supply, or water pipeline capacity for meeting the subdivision’s fire flow requirements as approved by the City of Livingston Fire Department and pursuant to the City standards, prior to the issuance of a building permit for Phase 1. Any public water storage tank would be designed and constructed as required and approved by the City Engineer and located within an appropriately sized dedicated parcel.

Public Sewer System

37. Construct sewer lines, lift stations, manholes, and lateral connections as necessary to serve the subdivision lots. Convey sanitary wastewater via a gravity flow system unless a lift station is required at points of connection due to topography restrictions or elevation conflicts with existing improvements.

38. Lateral connections shall include cleanouts, pre-treatment systems (i.e. oil/sand separator, grease trap, etc.), private lift stations and backwater valves as applicable to the occupancy of each lot and determined with the building permit process.

39. Construct minimum 8-inch City sewer mains unless approved otherwise by the City Engineer.

A pipe size other than the minimum shall be determined from hydraulic calculations and/or modeling studies, consistent with the existing network grid, or as recommended from the Sewer Master Plan.

40. Construct an 8-inch sewer main to extend from the point of connection at Main Street and Olive Avenue and along Livingston Cressey Road and Bird Street to the north end of Bird Street fronting the subdivision prior to the issuance of a building permit for Phase 1. There is an existing 10-inch sewer main on Main Street for the proposed point of connection.

41. Construct sewer mains along ‘A’ Street, ‘B’ Street, and ‘C’ Street and within a 25-ft minimum inclusive utility and access easement dedicated to the City of Livingston and as approved by the City Engineer. These interior sewer mains shall be constructed incrementally and as required for each phase of the project. The inclusive easement may be occupied by a set of single water and storm drain pipelines.

42. Any system sewer lift station shall be constructed outside of the travel way and within the street right of way/easement or dedicated parcel to the City of Livingston and as approved by the City Engineer.

Public Storm Drainage

43. Construct storm drain lines, manholes, drain inlets, catch basins, storm basins, outfalls, lift stations, and lateral connections as necessary for disposing of the subdivision storm runoff.

44. Construct storm sewers as determined from hydraulic calculations and/or modeling studies, consistent with the existing network grid, or as recommended from the Storm Drain Master Plan.

45. All runoff from City streets shall be contained within the public rights of way or easements and ultimately conveyed to the subdivision storm drain basin. The City street runoff may be conveyed to a temporary storm basin as required for the development of each lot and as approved by the City Engineer. Provide an easement to the City of Livingston for disposal of street runoff unto any private storm basin.

Privately-Owned Subdivision Improvements

46. Applicant shall prepare and adopt Covenants, Conditions and Regulations for the maintenance and operation of the Home Owner Association’s private improvements as approved by the City of Livingston.

47. Applicant shall provide maintenance, construction, and access easements for any public utilities within the Home Owner Association’s private development boundary.

48. The Subdivision interior streets (‘A’ Street, ‘B’ Street, and ‘C’ Street) shall be privately owned, maintained, and constructed as proposed on this tentative subdivision map. These interior streets shall be constructed incrementally and as required for each phase of the project.

49. Street lighting for private roads shall be privately owned, maintained, and constructed as approved by the City of Livingston.

50. All runoff from subdivision lots and streets shall be contained onsite (temporarily) and ultimately conveyed to the proposed subdivision private storm drain basin.

51. The Subdivision storm drain lines shall be privately owned, maintained, and constructed within the proposed 25-ft interior streets and as approved by the City Engineer. These interior storm drain lines shall be constructed incrementally and as required for each phase of the project.

52. Design and construct the proposed privately owned and maintained subdivision storm drain basin per the City’s Improvement Standards, Soils Investigation and as approved by the City Engineer and Merced Irrigation District prior to the issuance of a building permit for Phase 4.

The basin shall be sized to handle the storm runoff from the proposed subdivision.

53. Design and construct any privately owned and maintained storm pump station with pumping capacity and equipment as approved by the City of Livingston and Merced Irrigation District.

Merced County Department of Public Works

54. Improve Bird Street from the intersection of Livingston Cressey Road going to the subject property. Provide a two-lane paved road, striped center median and fog lines per latest Merced County Standard Design

55. Encroachment permit will need to be obtained for Merced County Department of Public Works for any work done in the County’s right-of-way.

Merced Irrigation District

56. Placing the Hammett Lateral within an underground pipeline meeting MID standards and in a new alignment to better accommodated the proposed development both within and outside the proposed development as determined by MID. MID would then ask for appropriated width deeded exclusive easements in exchange for the quitclaiming portions of the existing easement now in place.

57. No structures or trees would be allowed within the MID pipeline easement.

58. An MID signature block on any Improvement Plans for the proposed project that affect MID facilities will be required

59. An Encroachment Agreement with MID will be required for any roadways, walkways, bike path, utilities and pipelines crossing MID facilities.

60. A Construction Agreement for the work associated with the improvements to MID facilities will be necessary.

61. If storm water runoff from the site is to be discharged into an MID facility, the Owner would be required to enter into a Storm Drainage Agreement with MID, subject to all associated fees.

62. Be advised that MID does not accept Landscape tail water or runoff into its canal system.

63. Issues of health and safety around its facilities shall be coordinated with MID.

64. MID reserves the right for further comment as unforeseen circumstances may arise.

Mitigation Measures included in the Project to avoid potentially significant effects.

MM AQ-1: Prior to issuance of grading or building permits, the developer shall provide the City with evidence from the SJVAPCD of an approved Dust Control Plan or Construction Notification form under Regulation VIII – Fugitive Dust PM10 Prohibitions. The subdivision project may be subject to other rules including Rule 8021 (Construction, Demolition, Excavation, Extraction, and Other Earthmoving Activities), Rule 4601 (Architectural Coatings), and Rule 4641 (Cutback, Slow Cure, and Emulsified Asphalt, Paving and Maintenance Operation). The developer will be required to carry out measures of applicable SJVAPCD Rules and Regulations as noted.

MM BIO-1: Within 14 days of the start of Project activities on-site and in adjacent habitat, a pre-activity survey shall be conducted by a qualified biologist knowledgeable in the identification of this species. The surveys shall cover the canal plus surrounding upland habitat within 50 feet of the canal. Pedestrian surveys achieving 100 percent visual coverage will be conducted. If a western pond turtle is found on-site, the qualified biologist may relocate the animal downstream more than 500 feet from the Project disturbance footprint.

MM BIO-2: Within 14 days of the start of Project activities in any specific area, a pre-activity survey shall be conducted by a qualified biologist knowledgeable in the identification of these species. The surveys shall cover the Project site plus a 500- foot buffer. Pedestrian surveys achieving 100 percent visual coverage shall be conducted. Multiple surveys are anticipated to be needed, which would be phased with the construction of the Project. If no evidence of these species is detected, no further action is required.

MM BIO-3: If dens/burrows that could support any of these species are discovered during the pre-activity surveys conducted under BIO MM-2, the avoidance buffers outlined below shall be established. No work would occur within these buffers unless the biologist approves and monitors the activity.

San Joaquin Kit Fox
• Potential Den – 50 feet
• Atypical Den – 50 feet (includes pipes and other manmade structures) • Known Den – 100 feet
• Natal/Pupping Den – 500 feet
American Badger Dens (occupied)
• Natal Den (February 1–July 1) – 250 feet
• Non-natal Den – 50 feet
Burrowing Owl (active burrows)
• April 1–October 15 – 500 feet
• October 16–March 31 – 100 feet

MM BIO-4: The following avoidance and minimization measures shall be implemented during all phases of the Project to reduce the potential for impact from the Project. They are modified from the US Fish and Wildlife Service Standardized Recommendations for Protection of the Endangered San Joaquin Kit Fox Prior to or During Ground Disturbance (USFWS 2011) and apply to all three species. • Project-related vehicles shall observe a daytime speed limit of 20 mph throughout the site in all Project areas, except on county roads and state and federal highways. Nighttime construction speed limits shall be 10 mph. • Off-road traffic outside of designated Project areas shall be prohibited. • All Project activities shall occur during daylight hours. • To prevent inadvertent entrapment of kit foxes or other animals during the construction of the Project, all excavated, steep-walled holes or trenches more than two-feet deep shall be covered at the close of each working day by plywood or similar materials. If the trenches cannot be closed, one or more escape ramps constructed of earthen-fill or wooden planks shall be installed. • Before holes or trenches are filled, they shall be thoroughly inspected for trapped animals. If at any time a trapped or injured kit fox is discovered, the USFWS and the CDFW shall be contacted before proceeding with the work. • In the case of trapped animals, escape ramps or structures shall be installed immediately to allow the animal(s) to escape, or the USFWS shall be contacted for guidance.
• All construction pipes, culverts, or similar structures with a diameter of four inches or greater that are stored at a construction site for one or more overnight periods shall be thoroughly inspected for kit foxes and burrowing owls before the pipe is subsequently buried, capped, or otherwise used or moved in any way. If a kit fox or burrowing owl is discovered inside a pipe, that section of pipe shall not be moved until the USFWS has been consulted. If necessary, and under the direct supervision of the biologist, the pipe may be moved only once to remove it from the path of construction activity until the fox or owl has escaped.
• All food-related trash items such as wrappers, cans, bottles, and food scraps shall be disposed of in securely closed containers and removed at least once a week from a construction or Project site.
• No firearms shall be allowed on the Project site, except by authorized law enforcement personnel.
• No pets, such as dogs or cats, shall be permitted on the Project site. • Use of rodenticides and herbicides in Project areas shall be restricted. • A representative shall be appointed by the Project proponent who will be the contact source for any employee or contractor who might inadvertently kill or injure a kit fox or burrowing owl or who finds a dead, injured, or entrapped kit fox, or burrowing owl. The representative shall be identified during the employee education program and their name and telephone number shall be provided to the US Fish and Wildlife Service and California Department of Fish and Wildlife.
• An employee education program shall be developed and presented to Project personnel. The program shall consist of a brief presentation by persons knowledgeable in kit fox, and burrowing owl, biology, and the legislative protections in place. The program shall include the following: a description of

each species' natural history and habitat needs; a report of the occurrence of each species in the Project area; an explanation of the status of each species and its protections under federal and state laws; and a list of measures being taken to reduce impacts to each species during Project construction and implementation. A fact sheet conveying this information shall be prepared for distribution to the previously referenced people and anyone else who may enter the Project site.
• Upon completion of the Project, all areas subject to temporary ground disturbances (including storage and staging areas, temporary roads, pipeline corridors, etc.) shall be recontoured if necessary and revegetated to promote restoration of the area to pre-project conditions. An area subject “to "temporary" disturbance means any area that is disturbed during the Project, but after project completion, will not be subject to further disturbance and has the potential to be revegetated.
• Any Project personnel who are responsible for inadvertently killing or injuring one of these species should immediately report the incident to their representative. This representative shall contact the CDFW and USFWS immediately in the case of a dead, injured, or entrapped listed animal. • The Sacramento Fish and Wildlife Office and CDFW shall be notified in writing within three working days of the accidental death or injury to a San Joaquin kit fox during Project related activities. Notification must include the date, time, and location of the incident or of the finding of a dead or injured animal and any other pertinent information.
• New sightings of kit fox shall be reported to the California Natural Diversity Database (CNDDB). A copy of the reporting form and a topographic map clearly marked with the location of where the kit fox was observed should also be provided to the USFWS.

MM BIO-5: If Project activities must occur during the nesting season (February 15 to August 31), pre-activity nesting bird surveys shall be conducted within seven days prior to the start of construction at the construction site plus a 250-foot buffer for songbirds and a 500-foot buffer for raptors (other than Swainson’s hawk). The surveys shall be phased with the construction of the Project. If no active nests are found, no further action is required, however, nests may become active at any time throughout the summer, including when construction activities are occurring. If active nests are found during the survey or at any time during the construction of the Project, an avoidance buffer ranging from 50 feet to 350 feet may be required, as determined by a qualified biologist. The avoidance buffer will remain in place until the biologist has determined that the young are no longer reliant on the nest.

Work may occur within the avoidance buffer under the approval and guidance of the biologist. The biologist shall have the ability to stop construction if nesting adults show sign of distress.

MM BIO-6: If Project activities must occur during the nesting season (February 15 to August 31), pre-activity surveys shall be conducted for Swainson’s hawk nests in accordance with the Recommended Timing and Methodology for Swainson’s Hawk Nesting Surveys in California’s Central Valley, Swainson’s Hawk Technical Advisory Committee (CDFW 2000). The surveys would be conducted on the Project site plus a half-mile buffer. To meet the minimum level of protection for the species, surveys shall be conducted during at least two survey periods. The survey

will be conducted in accordance with the methodology outlined in existing protocols and shall be phased with the construction of the Project.

If no Swainson’s hawk nests are found, no further action is required.

MM BIO-7: If an active Swainson’s hawk nest is discovered at any time within one-half mile of active construction, a qualified biologist will complete an assessment of the potential for current construction activities to impact the nest. The assessment will consider the type of construction activities, the location of construction relative to the nest, the visibility of construction activities from the nest location, and other existing disturbances in the area that are not related to the construction activities of this Project. Based on this assessment, the biologist will determine if construction activities can proceed and the level of nest monitoring required.

Minimally, construction activities should not occur within 100 feet of an active nest and may require monitoring if within 500 feet of an active nest. The qualified biologist should have the authority to stop work if it is determined that Project construction is disturbing the nest. These buffers may need to increase depending on the sensitivity of the nest location, the sensitivity of the nesting Swainson’s hawk to disturbances, and the discretion of the qualified biologist.

MM BIO-8: Prior to start of construction activities, a qualified biologist shall conduct a preconstruction survey with special attention to trees and manmade structures, including a daytime inspection and a flyout inspection at dusk. The survey shall be conducted within 14 days prior to the construction activities. If no bats are detected, no further action is required.

If bats are detected, acoustical sampling shall be conducted to identify the species present. If pallid bats, western mastiff bats, or hoary bats are identified to be roosting in the trees or structures, work shall not commence until all of the following have been implemented:
• Bats have been passively excluded from the tree or structure by progressively boarding up any entrances at night while bats are foraging away from the tree or structure. Relocation of bats may not be performed during the breeding season (March 1 to September 15).
• Permanent, elevated bat houses have been installed outside of, but near the construction area, preferably in designated open space areas. Placement and height shall be determined by a qualified biologist, but the height of a bat house shall be at least 15 feet. Bat houses shall be multi-chambered. The number of bat houses required shall be dependent upon the size and number of colonies present, but at least one bat house shall be installed for each pair of bats (if occurring individually) or each colony of bats found.
• If a tree or structure containing a roost for pallid, western mastiff, or hoary bats shall be removed or may lead to roost abandonment during construction, a qualified biologist shall design and determine an appropriate location for an alternate roost structure.

BIO-9 Prior to issuance of any grading or building permit, the applicant or developer shall submit a final Delineation report and evidence of the pertinent permits to the City of Livingston. The report shall include information as shown below as a plan if necessary and shall outline compliance to the following:

1. Delineation of all jurisdictional features at the project site. Potential jurisdictional features within the project boundary identified in the jurisdictional delineation report may be shown in plan form.

2. If the Project has a potential to directly or indirectly impact jurisdictional aquatic resources, a formal aquatic resource delineation of these areas shall be performed by a qualified professional to determine the extent of agency jurisdiction and permits/authorizations from the appropriate regulating agencies (Central Valley Regional Water Quality Control Board (RWQCB), CDFW and US Army Corps of Engineers (USACE) shall be obtained prior to disturbance to jurisdictional features.

If it is determined that canal is jurisdictional and cannot be avoided, the Project proponent shall obtain a Section 401 Waters Quality Certification from the RWQCB, a Section 404 permit from USACE and a Lake and Streambed Alteration Agreement from the CDFW, if required prior to impacting any waters.

As part of these authorizations, compensatory mitigation may be required by the regulating agencies to offset the loss of aquatic resources. If so, and as part of the permit application process, a qualified professional shall draft a Monitoring Plan to address implementation and monitoring requirements under the permit to ensure that the Project would result in no net loss of habitat functions and values. The Plan shall contain, at a minimum, mitigation goals and objectives, mitigation location, a discussion of actions to be implemented to mitigate the impact, monitoring methods and performance criteria, extent of monitoring to be conducted, actions to be taken in the event that the mitigation is not successful, and reporting requirements. The Plan shall be approved by the appropriate regulating agencies and compensatory mitigation shall take place either on site or at an appropriate off-site location.

3. Any material/spoils generated from project activities containing hazardous materials shall be located away from jurisdictional areas or special-status habitat and protected from storm water run-off using temporary perimeter sediment barriers such as berms, silt fences, fiber rolls, covers, sand/gravel bags, and straw bale barriers, as appropriate. Protection measures should follow project-specific criteria as developed in a Stormwater Pollution Prevention and Protection Plan (SWPPP).

4. Equipment containing hazardous liquid materials shall be stored on impervious surfaces or plastic ground covers to prevent any spills or leakage from contaminating the ground and at least 50 feet outside the delineated boundary of jurisdictional water features.

Any spillage of material shall be stopped if it can be done safely. The contaminated area shall be cleaned, and any contaminated materials properly disposed. For all spills, the project foreman or designated environmental representative shall be notified
MM CUL-1: Although there is no recorded evidence of historic or archaeological sites within the Project area, there is the potential during Project-related excavation and

construction for the discovery of these types of resources. The Applicant shall incorporate into the construction contract(s) for the Project a provision that if a potentially significant historical or archaeological resource is encountered during subsurface construction activities (i.e., trenching, grading), all construction activities within a 50-foot radius of the identified potential resource shall cease until a qualified archaeologist evaluates the item for its significance and records the item on the appropriate State Department of Parks and Recreation (DPR) forms.

The archaeologist shall determine whether the item requires further study. If, after the qualified archaeologist conducts appropriate technical analyses, the item is determined to be significant under CEQA, the archaeologist shall recommend a feasible protocol, which may include avoidance, preservation in place, or other appropriate measures, as outlined in Public Resources Code Section 21083.2.

MM CUL-2: If ground-disturbing activities uncover previously unknown human remains, Section 7050.5 of the California Health and Safety Code applies, and the following procedures shall be followed:

There shall be no further excavation or disturbance of the area where the human remains were found until the County Coroner/Sheriff’s Office is contacted. Duly authorized representatives of the Coroner shall be permitted onto the Project site and shall take all actions consistent with Health and Safety Code Section 7050.5 and Government Code Section 27460, et seq. Excavation or disturbance of the area where the human remains were found, or within 50 feet of the find, shall not be permitted to recommence until the Coroner determines that the remains are not subject to the provisions of law concerning investigation of the circumstances, manner, and cause of any death. If the Coroner determines the remains are Native American, the Coroner shall contact the NAHC within 24 hours, and the NAHC shall identify the person or persons it believes to be the “most likely descendant” (MLD) of the deceased Native American. The MLD may make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, with appropriate dignity, the human remains and any associated grave goods as provided in PRC Section 5097.98.

MM GEO-1: Prior to Project implementation, the Applicant shall submit an approved copy of (1) the approved Storm Water Pollution Prevention Plan (SWPPP), and (2) the Notice of Intent (NOI) to comply with the General National Pollutant Discharge Elimination System (NPDES) from the Central Valley Regional Water Quality Control Board.

The requirements of the SWPPP and the NPDES shall be incorporated into the design specifications and construction contracts.

MM GEO-2: The applicant or developer will incorporate into the construction contract(s) a provision that in the event a fossil or fossil formations are discovered during any subsurface construction activities for the proposed Project (i.e., trenching, grading), all excavations within 50 feet of the find shall be temporarily halted until the find is examined by a qualified paleontologist, in accordance with Society of Vertebrate Paleontology standards. The paleontologist shall notify the Applicant, who shall coordinate with the paleontologist as to any necessary investigation of the find. If the find is determined to be significant under CEQA, the Applicant shall implement those measures, which may include avoidance, preservation in place, or other appropriate measures, as outlined in Public Resources Code Section 21083.2.

MM TRA-1: The applicant or developer shall be responsible for the following improvements:

Intersections:

Main Street at Campbell Boulevard
• Near-Term Plus Project scenario:
o Install traffic signal
• Cumulative Year 2042 Plus Project scenario:
o Install traffic signal
o Widen the westbound approach to one left turn lane, one through lane, and one right turn lane (adding one right turn lane)
Winton Parkway at SR 99 NB Ramps
• Cumulative Year 2042 Plus Project scenario:
o Install Traffic Signal
o Widen the southbound approach to one through lane and one right turn lane (adding one right turn lane)
Winton Parkway at SR 99 SB Ramps
• Existing Plus Project and Near-Term Plus Project scenario:
o Install Traffic Signal
o Widen the northbound approach to one through lane and one right turn lane (adding one right turn lane)
o Widen the eastbound approach to one left turn lane and one right turn lane (adding one left turn lane)
• Cumulative Year 2042 Plus Project scenario:
o Install Traffic Signal
o Widen the northbound approach to one through lane and one right turn lane (adding one right turn lane)
o Widen the eastbound approach to one left turn lane and two right turn lanes (adding one left turn lane and one right turn lane)
Hammatt Avenue at SR 99 NB Ramps
• Existing Plus Project scenario:
o Install Traffic Signal
• Near-Term Plus Project scenario:
o Install Traffic Signal
o Widen the westbound approach to one left-through lane and two right-turn lanes (adding one right turn lane)
• Cumulative Year 2042 Plus Project scenario:
o Install Traffic Signal
o Widen the southbound approach to one through lane and one right turn lane (adding one right turn lane)
o Widen the westbound approach to one left-through lane and two right turn lanes (adding one right lane)
Hammatt Avenue at SR 99 SB Ramps
• Near-Term Plus Project scenario:
o Install Traffic Signal
• Cumulative Year 2042 Plus Project scenario:
o Install Traffic Signal
o Widen the northbound approach to one through lane and one right lane (adding one right turn lane)

MM TRA-2: The applicant or developer shall be required to contribute a fair share towards the costs of improvements that are identified for the Cumulative Year 2042 scenarios.

The intent of determining the equitable responsibility for the improvements identified above for the Cumulative Year 2042 scenarios, is to provide a starting point for early discussions to address traffic mitigation equitability and to calculate the equitable share for mitigating traffic impacts.

The formula used to calculate the equitable share responsibility to the study area is as follows:

Equitable Share = (Project Trips)/(Future Year Plus Approved Project Traffic – Existing Traffic)
Equitable Share Responsibility

INTERSECTION PEAK
HOUR

EXISTING PROJECT TRIPS

CUMULATIVE
YEAR 2042 PLUS

PROJECT

FAIR SHARE

PERCENTAGE
Main Street / Campbell Boulevard
AM 1,189 22 1,701 4.3%
PM 946 28 1,396 6.2%
Winton Parkway / SR 99 NB Ramps
AM 1,284 4 1,727 0.9%
PM 1,243 6 1,675 1.4%
Winton Parkway / SR 99 SB Ramps
AM 1,711 3 2,301 0.5%
PM 1,727 2 2,323 0.3%
Hammatt Avenue / SR 99 NB Ramps
AM 1,322 6 2,208 0.7%
PM 1,262 7 2,131 0.8%
Hammatt Avenue / SR 99 SB Ramps
AM 1,160 1 1,873 0.1%
PM 1,236 5 2,010 0.6%
MM UTL-1: During construction of future commercial Industrial facilities, the Project Applicant shall not store construction waste on-site for longer than the duration of the construction activity or transport any waste to any unpermitted facilities. The Project Applicant shall also reduce construction waste transported to landfills by ensuring construction and demolition waste is hauled to one of the six Cityapproved construction and demolition disposal facilities.

MM UTL-2: In order to reduce the amount of waste generated from Industrial-related operations being taken to the landfill, the following shall be incorporated into the CUP conditions of approval for each Project:

Businesses generating four cubic yards or more of commercial solid waste per week are required to recycle and take one, or any combination, of the following actions:
• Subscribe to source-separated recycling service with a regional franchise hauler authorized to provide service for the area in which the business is located.
• Subscribe to a mixed solid waste recycling service with a regional franchise hauler authorized to provide service for the areas in which the business is located.
• Self-recycle and certify compliance.

• Undertake a combination of such measures, or such alternate measures, as may be approved by the City to reduce the amount of waste from the commercial sector being taken to a landfill.

MM UTL-3: Prior to issuance of grading or building permits, the Project Applicant shall construct, adequate, segregated, on-site screened storage for collection of commercial solid waste and source separated recyclable materials if constructing new facilities or if existing facilities do not provide such areas. The area shall be designed to be architecturally compatible with the development and shall not prevent security of the recyclables. Driveways and/or travel aisles shall provide, at a minimum, unobstructed access for collection vehicles and personnel. A sign clearly identifying all recycling/solid waste collection and loading areas and the materials accepted shall be posted adjacent to all points of direct access to the area.

Aerial Vicinity Location Maps
General Plan Amendment No. GPA 2020-01 and Tentative Subdivision Map Application No. TSM 2020-01
Greenzone Industrial Business Park
Project Site
Attachment 4A

Aerial Vicinity Location Maps
General Plan Amendment No. GPA 2020-01 and Tentative Subdivision Map Application No. TSM 2020-01
Greenzone Industrial Business Park
Project Site
Attachment 4B

Existing General Plan Designation Map
General Plan Amendment No. GPA 2020-01 and Tentative Subdivision Map Application No. TSM 2020-01
Greenzone Industrial Business Park
Attachment 4C
Project Site
City Limits
Sphere of Influence
Bird St.

Olive Ave.

Bird St.

General Plan Designations:

IR- Industrial Reserve PF-Public Facility DC- Downtown Commercial GI- General Industrial HD-High Density Residential P- Park/Open Space HC- Highway Commercial SC- Service Commercial
MD- Medium Density Residential LD- Low Density Residential

Proposed General Plan Land Use Designation
General Plan Amendment No. GPA 2020-01 and Tentative Subdivision Map Application No. TSM 2020-01
Greenzone Industrial Business Park
LI
Proposed GPD
Attachment 4D
Bird St.

Bird St.

Olive Ave.

General Plan Designations:

LI- Limited Industrial
IR- Industrial Reserve PF-Public Facility DC- Downtown Commercial GI- General Industrial HD-High Density Residential P- Park/Open Space HC- Highway Commercial SC- Service Commercial MD- Medium Density Residential LD- Low Density Residential

Existing Zoning Map
General Plan Amendment No. GPA 2020-01 and Tentative Subdivision Map Application No. TSM 2020-01
Greenzone Industrial Business Park
Attachment 4E
Zoning Designations:

M-1- Limited Industrial PF- Public Facility
M-2- General Industrial R-3- High Density Residential
C-3- Highway Commercial P- Open Space
R-2- Medium Density Residential R-1- Low Density Residential Bird St.

Olive Ave.

Bird St.

M-1

Assessor’s Parcel Number (APN) Map
General Plan Amendment No. GPA 2020-01 and Tentative Subdivision Map Application No. TSM 2020-01
Greenzone Industrial Business Park
Attachment 4F
Project Site

TO: City of Livingston
FROM: Bonique Emerson, AICP, Precision Civil Engineering RE: Proposed Project Description and Phasing Plan for Greenzone DATE: November 9, 2022
The following memo details the proposed development and phasing approach for the Greenzone Project. The phasing plan has been updated so that it can be used as the complete project description for the proposed project. The purpose of the phasing plan is to phase in conditions of approval in order to allow the developer to move forward with an initial phase of the project to begin generating revenue to make the later requirements improvement economically feasible.

Project Description and Proposed Phasing
Project Name
Greenzone, LLC – Cannabis Business Park
Project Location
The Project site is located approximately 0.4 miles west of Main Street, just north of Bird Street as it turns north to the Wastewater Treatment Plant in the northern-most part of the City of Livingston, California, which is one of six incorporated cities in Merced County (Figures 2-1 and 2-2). State Route (SR) 99 is approximately one mile west of the site. The Project parcel is identified by assessor’s parcel number (APN) 047-090- 004. The site is predominately surrounded by agricultural land. Presently, the site predominantly consists of fallow agricultural land. A canal trends southwest-northeast through the site with an electrical power line along the northern boundary.

Surrounding Land Uses
North and west of the Project site is zoned for Public/Quasi-Public Facility and Limited Industrial while south of the Project site is zoned as General Industrial. The east side of the Project site is on the border of the city limits and the sphere of influence.

The surrounding lands predominantly consist of agricultural production to the east, south, and west, and a drainage basin to the north.

Figure 2-1
Regional Location Map

Figure 2-2
Vicinity Map

Figure 2-3
General Plan Designation Map

Figure 2-4
Zoning Map

Project Description
The Applicant is proposing to subdivide an 18.8-acre parcel into 22 lots ranging from approximately 0.66 acres to 1.46 acres in size, and dedicated stormwater detention basin (Lot A). The Project would ultimately result in a secured, gated Cannabis Business Park with a future 25-footwide internal road being privately owned and maintained. The Applicant is applying for a Maser Conditional Use Permit, as well as seeking approval of a General Plan Map Amendment from Industrial Reserve to Limited Industrial.

The Tentative Subdivision Map (TSM) would ultimately consist of the buildout of a Cannabis Business Park. Specific future uses on the property have not been determined at this time, but according to Section 5-3-15, Land Use Regulations (Zoning Matrix) from the City’s Municipal Code, the following cannabis-related uses could be included within the proposed Cannabis Business Park with approval of a Conditional Use Permit:
• Commercial cannabis cultivation – indoor
• Commercial cannabis cultivation – mixed light (enclosed) • Commercial cannabis distribution
• Commercial cannabis manufacturing (volatile/nonvolatile) • Commercial cannabis – microbusiness (no retail; no outdoor cultivation) • Commercial cannabis nursery – indoor or mixed light/greenhouse • Commercial cannabis testing
The project applicant has filed a Master Conditional Use Permit requesting authorization to allow the above uses on the subject site. Because of this Master Conditional Use Permit, when a specific development submits an application to the City proposing development of the subject site, only a administrative site plan review will be required (not a separate conditional use permit). Individual business will be required to obtain a Commercial Cannabis Permit in accordance with the Livingston Municipal Code. During this administrative site plan review, staff will verify compliance with all “Development And Operational Standards And Security Requirements” as outlined in Section 5-5-14-I of the Livingston Municipal Code in order to verify compliance with cannabis specific design and security requirements.

Uses permitted in the M-1 zone district, but not specifically analyzed in this document or the related traffic study, may require additional CEQA analysis and the time of project entitlement.

Site plan and design review are required for all uses involving new construction, significant exterior alterations to existing structures, or significant site plan alterations in the M-1 zone. As part of the Master Conditional Use Permit, the applicant has submitted a conceptual site plan depicting typical buildout of the proposed lots. The applicant is

seeking City Council’s approval of the sample site plan, and to obtain Council’s authorization for staff level approval of future site plans deemed sufficiently consistent with the sample going forward.

As noted above, some uses, not specifically listed above, will require conditional use permits or other discretionary review, subject to determination of compliance with the development, parking, landscaping, and other standards of the Zoning Ordinance. All future cannabis-related uses will be subject to the City’s two-step cannabis permitting process. Due to the size, complexity, unusual features or other concerns, any project subject to administrative or conditional approval, may be further reviewed under CEQA at the discretion of the Planning Director.

Below is a demonstration of compliance with the requirements for a Conditional Use Permit as outlined in the City of Livingston Municipal Code Section 5-6-8:
i. Conditional use permits require a determination of findings and conditions by the planning commission.
ii. Application for conditional use permits shall be made to the planning department in writing on a form prescribed by the city and shall be accompanied by an established fee or deposit and copies of plans and elevations showing in detail the proposed use or building.

Since the Project includes four (4) phases, the MCUP will include the proposed uses that could be on each site and a conceptual site plan will be prepared detailing the general locations of proposed buildings. Separate site plan review application will be submitted separately for each phase as the Project progresses. Project development will incorporate any conditions of approval as listed during the MCUP review and future site plan reviews required for future development. As mentioned above, the goal in preparing this MCUP is to allow the cannabis uses to be approved in advance, so that individual users/developments only need to go through a site plan review process. As required, each individual user will have to obtain a Commercial Cannabis Permit, cannabis Business License, and State License as required by the Municipal Code Section 5-5-14. iii. 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.

The Project prepared an initial study and mitigated negative declaration (IS/MND) for the Project’s Tentative Subdivision Map. The IS/MND assesses a less than significant impact

for light or glare, noise, air quality, hazards, and transportation due to the implementation of the Project.

Proposed Phasing Plan

Figure 2-5
Proposed Tentative Subdivision Map

As mentioned above, the Applicant is proposing a 22-lot Cannabis Business Park to be located on an 18.8-acre parcel in the city of Livingston. The 22 lots, ranging from approximately 0.66 acres to 1.46 acres in size. Project components also include a private road, piping and undergrounding of the MID Stoddard Lateral, extension of water lines, and well construction.

The following processes are required at different stages of the Project implementation:

Permit Process
• Cannabis Master Conditional Use Permit (MCUP)
• Site Plan Review (SPR)
Prior to Construction
• Dust Control Plan
• Screened Storage for solid waste and recyclables
• SWPPP and NOI
• Pre-Activity Surveys for Special-Status Species (Various) Traffic Improvements
• Main Street at Campbell Boulevard: traffic signal and road widening • Winton Parkway at SR 99 NB: traffic signal and road widening • Winton Parkway at SR 99 SB: traffic signal and road widening • Hammat Avenue at SR 99 NB: traffic signal and road widening • Hammat Avenue at SR 99 SB: traffic signal and road widening Prior to Occupancy
• Fair Share Payment
Proposed Phasing
Based on our Project understanding, PCE recommends the following phased approach, also depicted in Figures 1 and 2:

Phase Description
Phase 1 • Submit Cannabis MCUP for the 22-lot Cannabis Business Park • Submit SPR for seven (7) cultivation facilities. Each lot would be secured individually in Phase 1.
• Prior to Building Permits:
o Dust Control Plan
o Screened Storage for solid waste and recyclables
o SWPPP and NOI (if greater than one (1) acre)
o Pre-Activity Biological Surveys
• Depending on operations, provide on-site drainage facilities. • Extension of water lines (unless there is an alternative for water use; and if so, move to Phase 2)

• Construct 25 ft. private road (portion)
• Prior to Certificate of Occupancy:
o Fair Share Payment
Phase 2 • Submit SPR for six (6) facilities
• Prior to Building Permits:
o Dust Control Plan
o Screened Storage for solid waste and recyclables
o SWPPP and NOI
• Depending on operations, provide on-site drainage facilities. • Extension of water lines (if applicable)
• Construct 25 ft. private road (portion)
• Traffic Improvements:
o Main Street at Campbell Boulevard: traffic signal and road widening
• Prior to Certificate of Occupancy:
o Fair Share Payment
• Pipe and underground MID Stoddard lateral
Phase 3 • Submit Cannabis SPR for six (6) facilities
• Prior to Building Permits:
o Dust Control Plan
o Screened Storage for solid waste and recyclables
o SWPPP and NOI
• Construct 25 ft. private road (portion)
• Traffic Improvements:
o Winton Parkway at SR 99 NB: traffic signal and road
widening
o Winton Parkway at SR 99 SB: traffic signal and road
widening
• Prior to Certificate of Occupancy:
o Fair Share Payment
Phase 4 • Submit SPR for three (3) facilities and Lot A Basin • Prior to Building Permits:
o Dust Control Plan
o Screened Storage for solid waste and recyclables
o SWPPP and NOI
• Construct well and basin.
• Traffic Improvements:
o Hammat Avenue at SR 99 NB: traffic signal and road
widening
o Hammat Avenue at SR 99 SB: traffic signal and road
widening
• Prior to Certificate of Occupancy:
o Fair Share Payment

Figure 1. Proposed Phasing Plan

Figure 2. Conceptual Site Plan

S T O D D A R D L A T E R A L

B I R D

S T R E E T 'A' S T R E E T B I R D S T R E E T
'B' S T R E E T
'C' S T R E E T
N
LIVINGSTON COLONY WEST 1/2 LOT 17&18 3 OP 17, M.C.R.

PORTION SECTION 14-6/11

LIVINGSTON
COLONY
LOT 8 &
PORTION OF LOT 7 PO PAR 1 PM 1-11
APN: 046-250-006
APN: 047-090-004
DEED DOC.# 2019016166
APN: 047-090-003
DEED DOC.# 2005-081391
APN: 047-090-037 DOC. VOL.2880, PG.364

LIVINGSTON COLONY
EAST 1/2 LOT 17&18

LIVINGSTON COLONY
LOT 20, 3 OP 17, M.C.R.

NO IMMEDIATE DEED AVAILABLE

January 23, 2023
Miguel Galvez
City of Livingston
1416 C St
Livingston, CA 95334
Ref: Gas and Electric Transmission and Distribution
Dear Miguel Galvez,
Thank you for submitting the Greenzone Enterprises LLC plans for our review. PG&E will review the submitted plans in relationship to any existing Gas and Electric facilities within the project area. If the proposed project is adjacent/or within PG&E owned property and/or easements, we will be working with you to ensure compatible uses and activities near our facilities.

Attached you will find information and requirements as it relates to Gas facilities (Attachment 1) and Electric facilities (Attachment 2). Please review these in detail, as it is critical to ensure your safety and to protect PG&E’s facilities and its existing rights.

Below is additional information for your review:

1. This plan review process does not replace the application process for PG&E gas or electric service your project may require. For these requests, please continue to work with PG&E Service Planning: https://www.pge.com/en_US/business/services/buildingand-renovation/overview/overview.page.

2. If the project being submitted is part of a larger project, please include the entire scope of your project, and not just a portion of it. PG&E’s facilities are to be incorporated within any CEQA document. PG&E needs to verify that the CEQA document will identify any required future PG&E services.

3. An engineering deposit may be required to review plans for a project depending on the size, scope, and location of the project and as it relates to any rearrangement or new installation of PG&E facilities.

Any proposed uses within the PG&E fee strip and/or easement, may include a California Public Utility Commission (CPUC) Section 851 filing. This requires the CPUC to render approval for a conveyance of rights for specific uses on PG&E’s fee strip or easement. PG&E will advise if the necessity to incorporate a CPUC Section 851filing is required.

This letter does not constitute PG&E’s consent to use any portion of its easement for any purpose not previously conveyed. PG&E will provide a project specific response as required.

Sincerely,
Plan Review Team
Land Management

Attachment 1 – Gas Facilities
There could be gas transmission pipelines in this area which would be considered critical facilities for PG&E and a high priority subsurface installation under California law. Care must be taken to ensure safety and accessibility. So, please ensure that if PG&E approves work near gas transmission pipelines it is done in adherence with the below stipulations. Additionally, the following link provides additional information regarding legal requirements under California excavation laws: https://www.usanorth811.org/images/pdfs/CA-LAW-2018.pdf

1. Standby Inspection: A PG&E Gas Transmission Standby Inspector must be present during any demolition or construction activity that comes within 10 feet of the gas pipeline. This includes all grading, trenching, substructure depth verifications (potholes), asphalt or concrete demolition/removal, removal of trees, signs, light poles, etc. This inspection can be coordinated through the Underground Service Alert (USA) service at 811. A minimum notice of 48 hours is required. Ensure the USA markings and notifications are maintained throughout the duration of your work.

2. Access: At any time, PG&E may need to access, excavate, and perform work on the gas pipeline. Any construction equipment, materials, or spoils may need to be removed upon notice.

Any temporary construction fencing installed within PG&E’s easement would also need to be capable of being removed at any time upon notice. Any plans to cut temporary slopes exceeding a 1:4 grade within 10 feet of a gas transmission pipeline need to be approved by PG&E Pipeline Services in writing PRIOR to performing the work.

3. Wheel Loads: To prevent damage to the buried gas pipeline, there are weight limits that must be enforced whenever any equipment gets within 10 feet of traversing the pipe.

Ensure a list of the axle weights of all equipment being used is available for PG&E’s Standby Inspector. To confirm the depth of cover, the pipeline may need to be potholed by hand in a few areas.

Due to the complex variability of tracked equipment, vibratory compaction equipment, and cranes, PG&E must evaluate those items on a case-by-case basis prior to use over the gas pipeline (provide a list of any proposed equipment of this type noting model numbers and specific attachments).

No equipment may be set up over the gas pipeline while operating. Ensure crane outriggers are at least 10 feet from the centerline of the gas pipeline. Transport trucks must not be parked over the gas pipeline while being loaded or unloaded.

4. Grading: PG&E requires a minimum of 36 inches of cover over gas pipelines (or existing grade if less) and a maximum of 7 feet of cover at all locations. The graded surface cannot exceed a cross slope of 1:4.

5. Excavating: Any digging within 2 feet of a gas pipeline must be dug by hand. Note that while the minimum clearance is only 24 inches, any excavation work within 24 inches of the edge of a pipeline must be done with hand tools. So to avoid having to dig a trench entirely with hand tools, the edge of the trench must be over 24 inches away. (Doing the math for a 24 inch

wide trench being dug along a 36 inch pipeline, the centerline of the trench would need to be at least 54 inches [24/2 + 24 + 36/2 = 54] away, or be entirely dug by hand.) Water jetting to assist vacuum excavating must be limited to 1000 psig and directed at a 40° angle to the pipe. All pile driving must be kept a minimum of 3 feet away.

Any plans to expose and support a PG&E gas transmission pipeline across an open excavation need to be approved by PG&E Pipeline Services in writing PRIOR to performing the work.

6. Boring/Trenchless Installations: PG&E Pipeline Services must review and approve all plans to bore across or parallel to (within 10 feet) a gas transmission pipeline. There are stringent criteria to pothole the gas transmission facility at regular intervals for all parallel bore installations.

For bore paths that cross gas transmission pipelines perpendicularly, the pipeline must be potholed a minimum of 2 feet in the horizontal direction of the bore path and a minimum of 24 inches in the vertical direction from the bottom of the pipe with minimum clearances measured from the edge of the pipe in both directions. Standby personnel must watch the locator trace (and every ream pass) the path of the bore as it approaches the pipeline and visually monitor the pothole (with the exposed transmission pipe) as the bore traverses the pipeline to ensure adequate clearance with the pipeline. The pothole width must account for the inaccuracy of the locating equipment.

7. Substructures: All utility crossings of a gas pipeline should be made as close to perpendicular as feasible (90° +/- 15°). All utility lines crossing the gas pipeline must have a minimum of 24 inches of separation from the gas pipeline. Parallel utilities, pole bases, water line ‘kicker blocks’, storm drain inlets, water meters, valves, back pressure devices or other utility substructures are not allowed in the PG&E gas pipeline easement.

If previously retired PG&E facilities are in conflict with proposed substructures, PG&E must verify they are safe prior to removal. This includes verification testing of the contents of the facilities, as well as environmental testing of the coating and internal surfaces. Timelines for PG&E completion of this verification will vary depending on the type and location of facilities in conflict.

8. Structures: No structures are to be built within the PG&E gas pipeline easement. This includes buildings, retaining walls, fences, decks, patios, carports, septic tanks, storage sheds, tanks, loading ramps, or any structure that could limit PG&E’s ability to access its facilities.

9. Fencing: Permanent fencing is not allowed within PG&E easements except for perpendicular crossings which must include a 16 foot wide gate for vehicular access. Gates will be secured with PG&E corporation locks.

10. Landscaping: Landscaping must be designed to allow PG&E to access the pipeline for maintenance and not interfere with pipeline coatings or other cathodic protection systems. No trees, shrubs, brush, vines, and other vegetation may be planted within the easement area.

Only those plants, ground covers, grasses, flowers, and low-growing plants that grow unsupported to a maximum of four feet (4’) in height at maturity may be planted within the easement area.

11. Cathodic Protection: PG&E pipelines are protected from corrosion with an “Impressed Current” cathodic protection system. Any proposed facilities, such as metal conduit, pipes, service lines, ground rods, anodes, wires, etc. that might affect the pipeline cathodic protection system must be reviewed and approved by PG&E Corrosion Engineering.

12. Pipeline Marker Signs: PG&E needs to maintain pipeline marker signs for gas transmission pipelines in order to ensure public awareness of the presence of the pipelines.

With prior written approval from PG&E Pipeline Services, an existing PG&E pipeline marker sign that is in direct conflict with proposed developments may be temporarily relocated to accommodate construction work. The pipeline marker must be moved back once construction is complete.

13. PG&E is also the provider of distribution facilities throughout many of the areas within the state of California. Therefore, any plans that impact PG&E’s facilities must be reviewed and approved by PG&E to ensure that no impact occurs which may endanger the safe operation of its facilities.

Attachment 2 – Electric Facilities
It is PG&E’s policy to permit certain uses on a case by case basis within its electric transmission fee strip(s) and/or easement(s) provided such uses and manner in which they are exercised, will not interfere with PG&E’s rights or endanger its facilities. Some examples/restrictions are as follows:

1. Buildings and Other Structures: No buildings or other structures including the foot print and eave of any buildings, swimming pools, wells or similar structures will be permitted within fee strip(s) and/or easement(s) areas. PG&E’s transmission easement shall be designated on subdivision/parcel maps as “RESTRICTED USE AREA – NO BUILDING.”

2. Grading: Cuts, trenches or excavations may not be made within 25 feet of our towers.

Developers must submit grading plans and site development plans (including geotechnical reports if applicable), signed and dated, for PG&E’s review. PG&E engineers must review grade changes in the vicinity of our towers. No fills will be allowed which would impair ground-toconductor clearances. Towers shall not be left on mounds without adequate road access to base of tower or structure.

3. Fences: Walls, fences, and other structures must be installed at locations that do not affect the safe operation of PG&’s facilities. Heavy equipment access to our facilities must be maintained at all times. Metal fences are to be grounded to PG&E specifications. No wall, fence or other like structure is to be installed within 10 feet of tower footings and unrestricted access must be maintained from a tower structure to the nearest street. Walls, fences and other structures proposed along or within the fee strip(s) and/or easement(s) will require PG&E review; submit plans to PG&E Centralized Review Team for review and comment.

4. Landscaping: Vegetation may be allowed; subject to review of plans. On overhead electric transmission fee strip(s) and/or easement(s), trees and shrubs are limited to those varieties that do not exceed 10 feet in height at maturity. PG&E must have access to its facilities at all times, including access by heavy equipment. No planting is to occur within the footprint of the tower legs. Greenbelts are encouraged.

5. Reservoirs, Sumps, Drainage Basins, and Ponds: Prohibited within PG&E’s fee strip(s) and/or easement(s) for electric transmission lines.

6. Automobile Parking: Short term parking of movable passenger vehicles and light trucks (pickups, vans, etc.) is allowed. The lighting within these parking areas will need to be reviewed by PG&E; approval will be on a case by case basis. Heavy equipment access to PG&E facilities is to be maintained at all times. Parking is to clear PG&E structures by at least 10 feet.

Protection of PG&E facilities from vehicular traffic is to be provided at developer’s expense AND to PG&E specifications. Blocked-up vehicles are not allowed. Carports, canopies, or awnings are not allowed.

7. Storage of Flammable, Explosive or Corrosive Materials: There shall be no storage of fuel or combustibles and no fueling of vehicles within PG&E’s easement. No trash bins or incinerators are allowed.

8. Streets and Roads: Access to facilities must be maintained at all times. Street lights may be allowed in the fee strip(s) and/or easement(s) but in all cases must be reviewed by PG&E for proper clearance. Roads and utilities should cross the transmission easement as nearly at right angles as possible. Road intersections will not be allowed within the transmission easement.

9. Pipelines: Pipelines may be allowed provided crossings are held to a minimum and to be as nearly perpendicular as possible. Pipelines within 25 feet of PG&E structures require review by PG&E. Sprinklers systems may be allowed; subject to review. Leach fields and septic tanks are not allowed. Construction plans must be submitted to PG&E for review and approval prior to the commencement of any construction.

10. Signs: Signs are not allowed except in rare cases subject to individual review by PG&E.

11. Recreation Areas: Playgrounds, parks, tennis courts, basketball courts, barbecue and light trucks (pickups, vans, etc.) may be allowed; subject to review of plans. Heavy equipment access to PG&E facilities is to be maintained at all times. Parking is to clear PG&E structures by at least 10 feet. Protection of PG&E facilities from vehicular traffic is to be provided at developer’s expense AND to PG&E specifications.

12. Construction Activity: Since construction activity will take place near PG&E’s overhead electric lines, please be advised it is the contractor’s responsibility to be aware of, and observe the minimum clearances for both workers and equipment operating near high voltage electric lines set out in the High-Voltage Electrical Safety Orders of the California Division of Industrial Safety (https://www.dir.ca.gov/Title8/sb5g2.html), as well as any other safety regulations.

Contractors shall comply with California Public Utilities Commission General Order 95 (http://www.cpuc.ca.gov/gos/GO95/go_95_startup_page.html) and all other safety rules. No construction may occur within 25 feet of PG&E’s towers. All excavation activities may only commence after 811 protocols has been followed.

Contractor shall ensure the protection of PG&E’s towers and poles from vehicular damage by (installing protective barriers) Plans for protection barriers must be approved by PG&E prior to construction.

13. PG&E is also the owner of distribution facilities throughout many of the areas within the state of California. Therefore, any plans that impact PG&E’s facilities must be reviewed and approved by PG&E to ensure that no impact occurs that may endanger the safe and reliable operation of its facilities.

January 27, 2023
Martha Abeloe
City of Livingston
1416 C Street
Livingston, CA 95334
Re: GPA 2020-01, MCUP 2020-01, TSM 2020-01
Greenzone Enterprises LLC
Dear Martha Abeloe,
Thank you for providing PG&E the opportunity to review the proposed plans for Greenzone Enterprises LLC dated 1/20/2023. Our review indicates the proposed improvements do not appear to directly interfere with existing PG&E facilities or impact our easement rights.

Please note this is our preliminary review and PG&E reserves the right for additional future review as needed. This letter shall not in any way alter, modify, or terminate any provision of any existing easement rights. If there are subsequent modifications made to the design, we ask that you resubmit the plans to the email address listed below.

If the project requires PG&E gas or electrical service in the future, please continue to work with PG&E’s Service Planning department: https://www.pge.com/cco/.

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 the PG&E Plan Review Team at [email protected].

Sincerely,
PG&E Plan Review Team
Land Management

February 17, 2023
City of Livingston
Attn: Miguel Galvez, City Planner
1416 “C” Street
Livingston, CA 95334
Sent By Email Only To: City of Livingston Engineering
Re: General Plan Amendment Application No. GPA 2020-01, Conditional Use Permit Application No. CUP 2020-01 and Tentative Subdivision Map Application No. TSM 2020-01- Greenzone LLC Cannabis Business Park Applicant is Greenzone Enterprises LLC.

Dear Mr. Hatch:

The Merced Irrigation District (MID) has reviewed the proposed project, Cannabis Business Park. The entire site is located within MID boundaries and impacts the following MID facility:

1. MID operates and maintains the Hammett Lateral within an unspecified width right of way, currently utilizing approximately 60 feet, as shown on Exhibit “C” and described in Exhibit “D” of that Deed filed for record February 1, 1922 in Volume 12 of Official Records, at Page 1, et. seq., Merced County Records. Said Lateral traverses through the property from the easterly boundary running southwesterly through the property to the westerly line of the property.

2. The subject property is located within the Merced Irrigation District Drainage Improvement District No. 1 (MIDDID No. 1) and subject to storm drainage fees if drainage is directed off site and ultimately to any MID facility.

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

1. Placing the Hammett Lateral within an underground pipeline meeting MID standards and in a new alignment to better accommodated the proposed development both within and outside the proposed development as determined by MID. MID would then ask for appropriated width deeded exclusive easements in exchange for the quitclaiming portions of the existing easement now in place.

2. No structures or trees would be allowed within the MID pipeline easement.

General Comments

1. An MID signature block on any Improvement Plans for the proposed project that affect MID facilities will be required

2. An Encroachment Agreement with MID will be required for any roadways, walkways, bike path, utilities and pipelines crossing MID facilities.

3. A Construction Agreement for the work associated with the improvements to MID facilities will be necessary.

4. If storm water runoff from the site is to be discharged into an MID facility, the Owner would be required to enter into a Storm Drainage Agreement with MID, subject to all associated fees.

5. Be advised that MID does not accept Landscape tail water or runoff into its canal system.

6. Issues of health and safety around its facilities shall be coordinated with MID.

7. MID reserves the right for further comment as unforeseen circumstances may arise.

Thank you for the opportunity to comment on the above referenced application. If you have any questions, please contact me at 209-722-5761.

Sincerely,
Mike Morris
Survey Project Manager
Merced Irrigation District

Attachment 12
City of Livingston Zoning Map Excerpt

Properties that zoned Industrial (M-1 and M-2)
Within the City Limits (October 2023)
Greenzone Industrial Business Park site:

Response to Comments for the proposed
Industrial Business Park by Greenzone, LLC -
Initial Study/Mitigated Negative Declaration (IS/MND)
May 19, 2023
As Lead Agency pursuant to the California Environmental Quality Act (CEQA) Guidelines (Public Resources Code (PRC) Section 15000 et seq.), the City of Livingston (City) prepared an IS/MND that was circulated for 30-day public comment from January 20, 2023, to February 20, 2023. Two comments were received by the City, one from the California Department of Fish and Wildlife (CDFW) and one from the California Department of Cannabis Control (CDCC).

CEQA guidelines do not require nor provide guidance on responding to comments on an IS/MND. However, this memo provides information relating to the comments received from the DTSC and the recommendations contained therein. These project clarifications fall within the scope of the original project analysis included in the IS/MND and do not result in an increase in impacts or any new impacts.

No new significant environmental impacts would result from the recommended clarifications below.

Therefore, it is our opinion that no substantial revisions have been made that would require recirculation of the draft IS/MND pursuant to State CEQA Guidelines Section 15073.5 (Recirculation of a Negative Declaration Prior to Certification).

The following is a summary of their comments and the responses.

CDFW Letter (dated February 21, 2023)
The Department submitted comments relating to the project’s potential impacts to wildlife species and potential recommendations. The species were: Tricolored blackbird, Swainson’s hawk, Burrowing owl, Northern legless lizard, and the Western pond turtle. Additional recommendations were related to cannabis water use, lighting use, pesticides and nesting birds.

In response to these comments, it should be noted that a reconnaissance-level biological survey was completed in 2019. Beginning on page 3-19 of the IS/MND, a summary of the findings from the survey are provided.
 Tricolored blackbird were not observed on site and there is no emergent wetland habitats or recorded occurrences within 10-miles of the project. It is unlikely impacts would occur; however, MM BIO-2 requires a pre-activity survey prior to construction to confirm presence of this or other special status species on site prior to commencement of ground disturbance activities.  Swainson’s hawk were not observed onsite; however, there are trees near the site that could be used for nesting. MM BIO-6 requires compliance with the Recommended Timing and Methodology for Swainson’s Hawk Nesting Surveys, during construction activities between February 15 and August 31. MM BIO-7 requires setback buffers to any active Swainson’s hawk nests during construction. Compliance with MM BIO-1 would also ensure that impacts to Swainson’s hawk would be less than significant.
 Western burrowing owl was not observed during the survey; however, there is suitable habitat for the species in the project vicinity. MM BIO- 2 requires a preconstruction survey to be conducted prior to construction activities. MM BIO- 3 requires setback buffers for any active burrows and

MM BIO-4 requires the applicant to adhere to avoidance and minimization measures during implementation of the project.
 Northern California legless lizard and the western pond turtle was not observed during the survey and no suitable habitat was found within the concrete-lined canal or along its banks. MM BIO-1 requires a pre-activity survey of the canal and a 50-foot buffer prior to construction to confirm results. If these species are found on the project site, appropriate mitigation would be taken to reduce impacts.

With regard to cannabis water and lighting use, water use was discussed in the IS/MND, beginning on page 3-56. It was determined that the City has sufficient water supplies to provide for the proposed project.

Water would not come from nearby streams or degraded the supply of nearby canals in a manner that would affect wildlife. Lighting for cannabis related businesses would be subject to the requirements of a cannabis business permit and would be in compliance. With regard to the use of pesticides, the proposed project does not include the use of outdoor cultivation. Pesticide use would be limited to indoor use and would be subject to State requirements as part of any future cannabis business permit. Impacts remain less than significant, and no further action is necessary.

CDCC Letter (dated February 24, 2023)
The Department submitted comments relating to the IS/MND. The comments included concerns with the review period, scope, project description, analysis of resource impacts from future tenants, subsequent CEQA analysis, phasing, cumulative impacts, CDCC regulations, and specific IS/MND section comments.

With regard to the review period of the IS/MND, it is noted that the IS/MND stated the review to occur between January 20, 2023 and February 20, 2023; however, the California State Clearinghouse did not post the IS/MND on their portal until January 26, 2023. The City has incorporated all comments received on the IS/MND into their review of the project, regardless of the date they were submitted. No further action is warranted.

With regard to the scope, project description, and subsequent CEQA analysis and project phasing, it is noted that specific detail relating to cannabis businesses has not been included. Detailed information is not yet known at this time. As stated on page 2-9 of the IS/MND, “All future cannabis-related uses will be subject to the City’s two-step cannabis permitting process. Due to the size, complexity, unusual features, or other concerns, any project subject to administrative or conditional approval, may be further reviewed under CEQA at the discretion of the Planning Director.” At such time the applicant wishes to seek approval from the City on specific cannabis development, further review will occur which may warrant additional CEQA documentation, as noted in the DCC comment letter.

With regard to cumulative impacts, the City does not currently have any active applications for cannabis related businesses, as such, no specific cannabis cumulative impacts analysis is warranted in the IS/MND.

The IS/MND did evaluate the projects combined impacts as it relates to cumulatively considerable impacts (see page 3-101).

With regard to CDCC regulations as they pertain to reductions in impacts on the environment and CDCC specific comments on the IS/MND. Staff notes these comments and will take them into consideration for any additional environmental review that may be determined necessary in the future.

AFFIDAVIT OF PUBLICATION
Account # Order Number Identification Order PO Amount Cols Depth 19355 372205 Print Legal Ad-IPL01060120 - IPL0106012 $475.26 3 81 L Attention: Tina Whitsitt

CITY OF LIVINGSTON LEGALS ADS
1416 C ST
LIVINGSTON, CA 95334
Declaration of Publication
2015.5 C.C.P.

STATE OF CALIFORNIA )
) ss.

County of Merced )
I am a citizen of the United States; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the
printer of the Merced Sun Star, a newspaper of general
circulation, printed and published in the city of Merced, County of Merced, and which newspaper has been
adjudged a newspaper of general circulation by the
Superior Court of the County of Merced, State of
California, under the date of July 14, 1964 Case Number 33224 that the notice, of which the annexed is a printed copy, has been published in each regular and entire
issue of said newspaper and not in any supplement
thereof on the following dates, to wit:
1 insertion(s) published on:
01/20/23
I certify (or declare) under penalty of perjury that the foregoing is true and correct and that this declaration was executed at Dallas, Texas on:

Date: 17th, day of February, 2023
Notary Public in and for the state of Texas, residing in Dallas County
Extra charge for lost or duplicate affidavits.

Legal document please do not destroy!

2. _______________________________________
_________________________________________ _______________________________________ ___________________________________________________________________________________ Print Form
Notice of Determination Appendix D
To: From:

Office of Planning and Research Public Agency: ___________________________ U.S. Address: ________________________________ Mail: Street Address: _______________________________________ P.O. Box 3044 1400 Tenth St., Rm 113 Contact: _________________________________ Sacramento, CA 95812-3044 Sacramento, CA 95814 Phone: __________________________________ County Clerk
Lead Agency (if different from above): County of: _________________________________ Address: __________________________________ Address: ________________________________ Contact: _________________________________
Phone: __________________________________
SUBJECT: Filing of Notice of Determination in compliance with Section 21108 or 21152 of the Public Resources Code.

State Clearinghouse Number (if submitted to State Clearinghouse):______________________________ Project Title: _________________________________________________________________________ Project Applicant: _____________________________________________________________________ Project Location (include county):_________________________________________________________ Project Description:

This is to advise that the ____________________________________________ has approved the above ( Lead Agency or Responsible Agency)
described project on _______________ and has made the following determinations regarding the above (date)
described project.

1. The project [ will will not] have a significant effect on the environment.

2. An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA.

A Negative Declaration was prepared for this project pursuant to the provisions of CEQA.

3. Mitigation measures [ were were not] made a condition of the approval of the project.

4. A mitigation reporting or monitoring plan [ was was not] adopted for this project.

5. A statement of Overriding Considerations [ was was not] adopted for this project.

6. Findings [ were were not] made pursuant to the provisions of CEQA.

This is to certify that the final EIR with comments and responses and record of project approval, or the negative Declaration, is available to the General Public at:

Signature (Public Agency): _____________________________ Title: ____________________________ Date: _______________________________ Date Received for filing at OPR: ____________________ Authority cited: Sections 21083, Public Resources Code.

Reference Section 21000-21174, Public Resources Code. Revised 2011

AFFIDAVIT OF PUBLICATION
Account # Order Number Identification Order PO Amount Cols Depth 19355 475862 Print Legal Ad-IPL01427460 - IPL0142746 $363.76 2 82 L Attention: Tina Whitsitt

CITY OF LIVINGSTON LEGALS ADS
1416 C ST
LIVINGSTON, CA 95334
[email protected], [email protected], [email protected] Declaration of Publication
2015.5 C.C.P.

STATE OF CALIFORNIA )
) ss.

County of Merced )
I am a citizen of the United States; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the
printer of the Merced Sun Star, a newspaper of general
circulation, printed and published in the city of Merced, County of Merced, and which newspaper has been
adjudged a newspaper of general circulation by the
Superior Court of the County of Merced, State of
California, under the date of July 14, 1964 Case Number 33224 that the notice, of which the annexed is a printed copy, has been published in each regular and entire
issue of said newspaper and not in any supplement
thereof on the following dates, to wit:
1 insertion(s) published on:
10/06/23
I certify (or declare) under penalty of perjury that the foregoing is true and correct and that this declaration was executed at Dallas, Texas on:

Date: 9th, day of October, 2023
Notary Public in and for the state of Texas, residing in Dallas County
Extra charge for lost or duplicate affidavits.

Legal document please do not destroy!