Agenda packet — Livingston City Council, March 18, 2025 (part 3 of 3)

IMPACT/MITIGATION MEASURES
roundabouts at the Hammatt A venue intersections with the SR 99 northbound ramps and the SR 99 southbound ramps
as described in Mitigation Measure TRANS-2, along with
the construction of a southbound right-tum lane on Hammett A venue that extends to Campbell Boulevard.

CUMUL-3 The project applicant or successors in interest shall. be required to pay fair-share costs of a traffic signal at the Hammatt Avenue/F Street intersections.

CUMUL-4 The project applicant or successors in interest shall select and implement one of two alternatives related to traffic queuing at the western driveway:
1) Reconfiguration of the westbound Campbell Boulevard
approach to allow left turns from two lanes. This change would equalize traffic volumes in each lane and reduce the queue lengths. This would require that the layout of the Hammatt Avenue/Campbell Boulevard intersection be wider to accommodate the concurrent turning paths of two STAA trucks. The project applicant or successors in interest shall be required to pay fair-share costs of improvements
proposed by this alternative.
2) Left turns at the western driveway shall be prohibited. If determined to be needed by the City, the project proponents shall fund construction of a median treatment or other
measure acceptable to the City to prohibit left turns.

Findings on Adverse Effects on Human Beings
Addressed by Mitigation Measures TRANS-I to TRANS-5

IMPLEMENTATION

RESPONSIBILITY AND

TIMING/SCHEDULE
Livingston Truck Stop Complex, Mitigation Monitoring/Reporting Program Table SOURCE
MONITORING/REPORTING RESPONSIBILITY INFORMATION

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RESOLUTION 2022-55

RESOLUTION OF THE CITY OF LIVINGSTON CITY COUNCIL APPROVING OF CONDITIONAL USE PERMIT 2020-02 FOR THE SGM MOONGLO TRUCK STOP

COMPLEX AT THE SOUTHEAST CORNER OF CAMPBELL BOULEVARD AND

HAMMATT AVENUE
WHEREAS, pursuant to Livingston Municipal Code ("LMC") section 5-6-9 (F), Rod Hawkins of Hawkins and Associates Engineering Inc., on behalf of SGM Moonglo, Inc., Prope1iy Owners, applied for a Conditional Use Permit for a Truck Travel Center that includes five quick serve restaurants, three with a drive-thru, fuel dispensing stations for passenger and tractor trailer vehicles and associated travel center facilities, at the southeast corner of Campbell Boulevard and Hammatt Ave, (APN Nos. 023-070-012, 023-070-013, 023-070-014, and 023-060-010), in the City of Livingston; and
WHEREAS, the site is zoned C-3 (Highway Service Commercial), PF, Public or Quasi-public facilities, and has a General Plan designation of Highway Commercial, Service Commercial, and Public Facility according to the official zoning map of the City of Livingston and the 1999 Livingston General Plan; and
WHEREAS, LMC Section 5-6-9 requires a Conditional Use Permit for "certain land uses that generally have a distinct impact on the area in which they are located, and/or are capable of creating special problems for bordering propeiiies unless given special attention;" and the proposed gasoline service station and quick service restaurant with drive thru are ones of the so identified land uses; and
WHEREAS, a public hearing for the proposed project has been properly noticed by posting, a newspaper ad, and a mailing to adjacent properties within 300 feet of the site; and WHEREAS, Staff has reviewed the project with reference to the 1999 General Plan, the Zoning Ordinance, and the adopted Livingston Design Guidelines; and finds that, based on the evidence documented within the associated staff repmi and proceedings of the public hearing, the proposed uses in Phase I of the project are consistent with the General Plan, as conditioned, complies with the Zoning Ordinance in that the proposed use meets the zoning standards and requirements and is compatible with the surrounding uses, and meets the intent and guidance of the Livingston Design Guidelines; and
WHEREAS, the site for the proposed use is adequate in size and shape to accommodate said use and, as conditioned, all yards, spaces, wall and fences, parking, loading, landscaping, and other features required by the applicable zoning district are met; and WHEREAS, the site, as conditioned, for the proposed use is served by streets adequate to carry the quantity and kind of traffic generated by the proposed use; and

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WHEREAS, public facilities, as conditioned, are currently adequate to serve the proposed use; and
WHEREAS, on August 9, 2022, the Livingston Planning Commission considered the environmental effects of the project and recommended to the City Council the adoption of a Mitigated Negative Declaration along with adoption of a Mitigated Monitoring/Reporting Program for the Moonglo Truck stop Complex.

NOW, THEREFORE, BE IT RESOLVED that the Livingston City Council adopts Resolution 2022-55 approving Conditional Use Permit 2020-02, with Conditions of Approval attached as Exhibits A and B to this City Council Resolution.

Passed and adopted this 6th day of September, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Mayor Aguilar and Council Members Moran and Garcia
None
Council Members Baptista-Soto and Kang
None
ar Jr., Mayor
ity of Livingston
I hereby certify that the foregoing resolution was regularly introduced, passed, and adopted at a regular meeting of the City Council of the City of Livingston this 61h day of September, 2022. i#~~ eticiaVasquez-urita, City Clerk
Of the City of Livingston

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Exhibit A
Conditions of Approval

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

2. The Developer shall comply with all the conditions of the associated Site Plan and Design Review Permit 2020-02 Resolution of Approval; and

3. The Developer shall repair any damage to City facilities such as curb, gutter, sidewalk, streets and alleys caused by construction; and

4. 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; and

5. The development of the site shall be consistent with approved plans, elevations, and colors.

Provisions shall be made to accommodate bicycle parking. Minor variations from approved plans, elevations, and colors may be allowed at the review and approval of City staff; and

6. The developer and/or operator shall submit a signage plan for all exterior signs (including for each of the proposed quick service restaurants) for Planning administrative review and approval consistent with the submitted site plan and City's signage regulations prior to obtaining a sign permit from the Building Division; and

7. The developer and/or operator shall submit final landscape plans for City staff review and approval, specifying plant selection, size and irrigation consistent with the preliminary landscape concept submitted as part of the application and described in the associated staff report and shall pay the landscape plan review and inspection fee to insure installation was done according to approved plans; Such plans shall be reviewed and approved by a Licensed Landscaped Architect for compliance with the City's Water Efficiency Landscape Ordinance before a building permit can be issued and

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

9. The developer and/or operator shall comply with the 33 conditions listed in the Memo dated August 2, 2022, from City Engineer Mario Gouveia to Contract City Planner Miguel Galvez.

The time period for compliance with conditions 15, 16, and 17 as listed in the memo noted above shall be 7 years after the Certificate of Occupancy is issued for the convenience store/cashiers area; and
I 0. The Developer and/or operator shall submit the plans for the trash enclosures for City staff review and approval after access to the enclosures have been approved by Gilton Solid Waste Management; and

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

12. Before development of Phase 2 project components can be constructed, rezoning the property's PF zoning and general plan designations will need to be rezoned to C-3, Service Highway Commercial shall be completed; and

13. Design and development of new storm water basin shall be as approved by the City Engineer. A new easement for the new storm water basin must be accepted by the City before the existing utility easement for the existing storm water basin can be abandoned.

14. The Developer and/or operator shall complete and record approved Lot Line Adjustment Application No. LLA 2020-02 before a building permit can be issued for development of the site.

15. The Developer shall include fire sprinklers in the development consistent with the requirements of the Merced County Fire Department and shall comply with other Fire Department requirements and standards including paying for, on a proportionate fair share basis, the cost for installing an OptiCom System at the Hammatt Avenue and Campbell Boulevard intersection.

16. Truck parking on Campbell Boulevard adjacent to the property shall be prohibited.

17. The Developer shall annex this Project site into the Community Facilities District (CFD) No. 2017-1 prior to the issuance of the Certificate of Occupancy, including payment of administrative costs associated with the annexation process.

18. Building permits are required and the project must conform to the California Code of Regulations, Title 24
The following Mitigation Measures were identified in the project's initial study/Mitigated Negative Declaration and are hereby included as Conditions of Approval. Any proposed amendments to the following conditions will require amendment, review and approval of a new environmental assessment in compliance with the California Environmental Quality Act.

19. CUL T-1 If any subsurface cultural resources are encountered during construction of the project, the City of Livingston Community Development Department shall be notified and all construction activities in the vicinity of the encounter shall be halted until a qualified archaeologist can examine these materials and determine their significance. If the find is determined to be significant, then the archaeologist shall recommend further mitigation measures that would reduce potential effects on the find to a level that is less than significant.

Recommended measures may include, but are not limited to, I) preservation in place, or 2) excavation, recovery, and curation by qualified professionals. The project developer shall be responsible for retaining qualified professionals, implementing recommended mitigation measures, and documenting mitigation efforts in a written report to the City's Community Development Department, consistent with the requirements of the CEQA Guidelines.

20. CULT-2: If project construction encounters evidence of human burial or scattered human remains, the contractor shall immediately notify the County Coroner and the City, which shall in turn notify the appropriate tribal representatives. The City shall notify other federal and State agencies as required. The City will be responsible for compliance with the requirements of California Health and Safety Code Section 7050.5 and with any direction provided by the

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County Coroner. If the human remains are determined to be Native American, the County Coroner shall notify the Native American Heritage Commission, which will notify and appoint a Most Likely Descendant. The Most Likely Descendant shall work with the City and a qualified archaeologist to decide the proper treatment of the human remains and any associated funerary objects in accordance with California Public Resources Code Sections 5097.98 and 5097.991.

Avoidance is the preferred means of disposition of the burial resources.

21. GEO-I Prior to commencement of construction activity, the developer shall prepare and implement a Storm Water Pollution Prevention Plan (SWPPP) for the project and file a Notice of Intent with the State Water Resources Control Board (SWRCB) in compliance with the Construction General Permit and City of Livingston storm water requirements. The SWPPP shall be available on the construction site at all times. The developer shall incorporate an Erosion Control Plan consistent with all applicable provisions of the SWPPP within the site improvement and building plans. The developer also shall submit the SWRCB Waste Discharger's Identification Number to the City prior to approval of development or grading plans

22. GEO-2 !fany subsurface paleontological resources are encountered during construction of the project, the City of Livingston Community Development Department shall be notified and all construction activities in the vicinity of the encounter shall be halted until a qualified paleontologist can examine these materials and determine their significance. If the find is determined to be significant, then the paleontologist shall recommend mitigation measures that would reduce potential effects on the find to a level that is less than significant. Recommended measures may include, but are not limited to, I) preservation in place, or 2) excavation, recovery, and curation by qualified professionals. The project developer shall be responsible for retaining qualified professionals, implementing recommended mitigation measures, and documenting mitigation efforts in a written report to the City's Community Development Department, consistent with the requirements of the CEQA Guidelines.

23. HYDRO-I The developer shall submit a Storm Water Quality Plan for the project that shall include post-construction Best Management Practices (BMPs) as required by the City's Storm Water Management Program. The Storm Water Quality Plan shall be reviewed and approved by the City of Livingston Public Works Department prior to approval of project improvement plans.

24. HYDRO-2 If required, the developer shall execute a Maintenance Agreement with the City for storm water BMPs prior to receiving a Certificate of Occupancy. The developer shall remain the responsible party and provide funding for the operation, maintenance and replacement costs of the proposed treatment devices built for the project.

25. HYDRO-3 The developer shall comply with applicable requirements of, and pay all associated fees as required by, the City's Storm Water Pollution Prevention Program as set forth in its NPDES Storm Water Permit.

26. TRANS-I The project applicant or successors in interest shall be required to pay fair-share costs of a traffic signal at the Hammatt Avenue/Campbell Boulevard intersection.

27. TRANS-2: The project applicant or successors in interest shall be required to pay fair-share costs of traffic signals or roundabouts at the Hammatt Avenue intersections with the SR 99 northbound ramps and the SR 99 southbound ramps. The project applicant or successors in interest shall be required to pay fair-share costs of preparing a preliminary Intersection Control Evaluation report to provide a screening assessment of the feasibility of a roundabout or traffic

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signal at the SR 99 ramps intersections.

28. TRANS-3 The project applicant or successors in interest shall be required to pay fair-share costs of the addition of an eastbound right-turn lane, approximately 200 feet in length, on Campbell Boulevard with right tum overlap phases on the northbound-to-eastbound and eastbound-tosouthbound movements.

29. TRANS-4 The project applicant or successors in interest shall install frontage improvements along Campbell Boulevard, including sidewalks, during Phase I development of the project site.

30. TRANS-5 Improvements to the Hammatt Avenue/ Campbell Boulevard intersection shall be designed to accommodate STAA trucks, and the project shall contribute its fair share to the cost of those features. Project access shall be designed to accommodate ST AA trucks. Phase I shall contribute its fair share to the cost of a Caltrans STAA route designation application to be completed by the City and shall contribute its fair share to the cost of improvements needed to accommodate ST AA trucks.

31. CUMUL-1 The project applicant or successors in interest shall be required to pay fair-share costs of improvements at the Hammatt Avenue/Campbell Boulevard intersection as described in Mitigation Measures TRANS-I and TRANS-3, along with an addition of a westbound left-turn lane on Campbell Boulevard east of Hammatt Avenue, a conversion of the southbound right-turn lane to a through/right-turn lane, and the addition of a northbound-to-eastbound overlap phase.

32. CUMUL-2 The project applicant or successors in interest shall be required to pay fair-share costs of traffic signals or roundabouts at the Hammatt Avenue intersections with the SR 99 northbound ramps and the SR 99 southbound ramps as described in Mitigation Measure TRANS-2, along with the construction of a southbound right-turn lane on Hammett Avenue that extends to Campbell Boulevard.

33. CUMUL-3 The project applicant or successors in interest shall be required to pay fair-share costs of a traffic signal at the Hammatt A venue/F Street intersections.

34. CUMUL-4 The project applicant or successors in interest shall select and implement one of two alternatives related to traffic queuing at the western driveway: I) Reconfiguration of the westbound Campbell Boulevard approach to allow left turns from two lanes. This change would equalize traffic volumes in each lane and reduce the queue lengths. This would require that the layout of the Hammatt A venue/Campbell Boulevard intersection be wider to accommodate the concurrent turning paths of two ST AA trucks. The project applicant or successors in interest shall be required to pay fair-share costs of improvements proposed by this alternative. 2) Left turns at the western driveway shall be prohibited. If determined to be needed by the City, the project proponents shall fund construction of a median treatment or other measure acceptable to the City to prohibit left turns.

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GOUVEIA ENGINEERING

MEMORANDUM
TO:

FROM:

Miguel Galvez, Contract City Plannc
\ \ l'j /
Mario B. Gouveia, City Engineer No; V\.}vrth�? P.f.
) -tor
SUBJECT: Engineering Review Comments for the SGM Moonglo, Inc. Truck Stop Complex (Phase 1) SPDR 2020-02 Application - REVISED
DATE: August 2, 2022
CC: Vanessa Portillo, City Manager
These are the Engineering review comments for the SGM Moonglo, Inc. Truck Stop Complex (Phase l) in Livingston CA. The review comments are based on the revised site plan and accompanying drawings provided by the Applicant on July 26, 2022.

1. Provide improvement plans (separate from the building plans) for topography and demolition, street frontage improvements, site development, utilities, grading and drainage, landscaping, site lighting, erosion control, survey monuments and etc.

2. Public improvements shall conform to the latest edition of the City of Livingston Improvement Standards and all applicable State, Federal, and local laws and regulations.

3. Provide a soils report for project site prepared by a California registered geotechnical engineer.

4. 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. Applicant shaU provide a WDID number prior to approval of the improvement plans.

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

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

7. Prepare grading and encroachment permits for the project. Applicant shall pay the permit fee, plan check and inspection fees, and furnish improvement securities pursuant to the City's improvement standards, municipal code, and ordinances. The payment of permit fees shall be made as follows:
a. Deposit for review of improvement plans due at submittal of plans b. Deposit for project inspections due at issuance of grading and/or encroachment permits

8. Applicant shall pay all applicable development impact fees for Municipal Facilities, Police, Fire Protection, Streets and Bridges, Water, Domestic Wastewater, Storm Drainage, and Parks. 456 SIXTH STREET• GUSTINE, CALIFORNIA 95322 • TELEPHONE (209) 854-3300 •FAX (209) 854-3600 Exhibit B
I

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Memorandum
Page2

9. Constiuct all connections for dry utilities underground and within the street right of way or other acceptable easements as approved by the respective utility companies.

I 0. Install a minimum new 10-inch water main on Campbell Boulevard for all proposed domestic. irrigation, and fire service connections. The new water line shall be connected to the existing 12-inch main on Hammatt A venue and extended along Campbell Boulevard as required to make the project connections. Connections shall include water meters, backflow preventers, post indicator valves, and fire department connections as applicable, pursuant to City standards and as approved by the City Engineer.

11. Construct a minimum 10-inch water main to create a loop between Campbell Boulevard and Dwight Way as shown on the project site plan. Water lines constructed outside of the public rights of way shall be located within an easement acceptable to the City Engineer. Applicant shall cause the dedication of said easement to the City of Livingston.

12. Install a 12-inch sewer main on Campbell Boulevard for a11 proposed connections for sanitary service and other allowable waste discharges or construct improvements as shown on the project site plan and accompanying drawings pursuant to City standards and as approved by the City Engineer. The new sewer line shall be extended along Campbell Boulevard as required to make the project connections and extended to the nearest property line for all other parcels with street frontage limited to Campbell Boulevard and within the limits of the project. Provide a grease interceptor at all onsite kitchen connections.

13. Connect the sewer main on Campbell Boulevard to the existing gravity sewer main on Dwight Way with a 12-inch sewer main as shown on the project site plan. Developer to submit hydraulic calculations to verify there is adequate capacity on the existing line to handle the additional project wastewater flows. Sewer lines constiucted outside of the public rights of way shall be located within an easement acceptable to the City Engineer. Applicant shall cause the dedication of said easement to the City of Livingston.

14. Construct septage receiving station pursuant to City standards and as approved by the City Engineer.

Applicant shall apply for a City Industrial Wastewater Permit for septage discharges to the sanitary sewer system. All discharges from the septage receiving station shall be metered.

15. Design and construct the proposed stonn basin per the City standards, soils investigation report, and as approved by the City Engineer and Merced Jnigation District. The basin shall collect storm runoff from street frontage improvements and on-site areas and sized to handle storm nmoff from the project site, tributary area(s) for existing basin, and any planned future development. Applicant shall grant and cause the dedication of an easement to the City of Livingston for disposal of street runoff unto the private storm basin.

16. Backfill existing basin, disconnect and extend existing storm pipes along CampbeU Boulevard to the new basin on the southeast comer of the project site. The new storm drain line shall be sized to handle storm runoff from street frontage, on-site areas, and existing basin tributary area based on hydraulic calculations, pursuant to City standaros and as approved by the City Engineer. Provide sand oil separator for all surface runoff from parking lots, fueling areas, and drive isles.

17. Dedicate street right of way and 10-ft public utility casement for the south half of Campbell Boulevard and constiuct street improvements pursuant to Arterial Standards (110-ft divided 4-Lane) or as approved by the City Engineer. Applicant shall dedicate the right of way using a street alignment for Campbell Boulevard that does not affect existing developed parcels witJ1in the impacted roadway segment. Roadway pavement shall be widen to ultimate street width within the project 456 SIXTH STREET• GUSTINE, CALIFORNIA 95322 • TELEPHONE (209} 854-3300 • FAX (209) 8S4-3600

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Memorandum
Page3
frontage and transitioned to existing pavement as required. Curb, gutter, sidewalk, street lighting, street landscaping, 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.

18. Dedicate street right of way for the north half of Campbell Boulevard pursuant to Arterial Standards (110-ft divided 4-Lane) as proposed by the Applicant on the project site plan and accompanying drawings. Applicant shall dedicate the right of way using a street alignment for Campbell Boulevard that does not affect existing developed parcels within the impacted roadway segment.

19. Constr"Uct street frontage improvements on Campbell Boulevard to match the intersection improvements for Campbell Boulevard and Hammatt Avenue being designed and constructed by others. Applicant shall cause the dedication of street right of way for Campbell Boulevard and Hammatt A venue as necessary for said intersection improvements.

20. The Applicant would be responsible for constructing the street widening improvements on the west half of Hammatt Avenue between the State Route 99 northbound on-ramp and the intersection of Hammatt A venue and Campbell Boulevard. These widening improvements are being triggered by the project's traffic impacts but they' re already scheduled for construction by the City of Livingston using separate funding. Therefore, the Hammatt A venue widening improvements are not required to be completed by the Developer.

21. The Applicant is responsible for constructing any street widening improvements on the north half of Campbell Boulevard that are triggered by the project's traffic impacts for turning movements at the .intersections of Hammatt Avenue and Industrial Drive.

22. The proposed most western driveway on Campbell Boulevard shall be restricted to right-in and rightout vehicle movements. Applicant shall construct a raised center median on Campbell Boulevard to prevent left turn movements from said driveway.

23. Construct the proposed second driveway from the west to align with the intersection oflndustrial Drive as shown on the project site plan and as approved by the City Engineer.

25. Applicant shall prepare and submit to Caltrans an STAA Route Designation Application for Hammatt and Campbell Boulevard on behalf of the City of Livingston and at the sole cost of the Applicant.

Both streets shall be designated STAA routes prior to the issuance of a certificate of occupancy by the City of Livingston.

27. Pay maximum fair share of31 % or minimum 14% at the City's discretion for intersection improvements at Hammatt A venue and Campbell Boulevard to mitigate the traffic impacts per the project's Transportation Impact Analysis. The intersection improvements to include the required roadway configuration/traffic signal layout as approved by the City Engineer and pursuant to City standards.
456 SIXTH STREET• GUSTINE, CALIFORNIA 95322 • TELEPHONE {209) 854-3300 • FAX (209) 854-3600

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Memorandum
Page4

28. Pay maximum fair share of27% or minimum 10% at the City's discretion for intersection improvements at Hammatt Avenue and SR 99 Northbound Ramps to mitigate the traffic impacts per the project's Transportation Impact Analysis. 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. Pay maximum fair share of21% or minimum 7% at the City's discretion for intersection improvements at Hammatt A venue and SR 99 Southbound Ramps to mitigate the traffic impacts per the project's Transportation Impact Analysis. 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.

30. Pay maximum fair share of 11% or minimum 3% at the City's discretion for intersection improvements at Hammatt Avenue and F Street to mitigate the traffic impacts per the project's Transpo1tation Impact Analysis. The intersection improvements to include the required roadway configuration/traffic signal layout as approved by the City Engineer and pursuant to City standards.

31. Provide on-site and off-site ADA accessible path for pedestrians and bicyclists.

32. Provide access to the trash enclosure as approved by the City Planner and the City's Refuse Contractor.

33. Protect from damage all existing street improvements designated to remain in place. 456 SIX'11-I STREET• GUSTINE, CALIFORNIA 95322 • TELEPHONE (209) 854-3300 • FAX (209) 854-3600

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RESOLUTION 2022-56

RESOLUTION OF THE CITY OF LIVINGSTON CITY COUNCIL
APPROVING THE SITE PLAN AND DESIGN REVIEW 2020-02 FOR THE SGM MOONGLO

TRUCK STOP COMPLEX AT THE SOUTHEAST CORNER OF CAMPBELL BOULEVARD

AND HAMMATT A VENUE
(APN NOS. 023-070-012, 023-070-013, 023-070-014, and 023-060-010) WHEREAS, pursuant to Livingston Municipal Code ("LMC") section 5-6-7, Rod Hawkins of Hawkins and Associates Engineering Inc., on behalf of SGM Moonglo, Inc., Property Owners, applied for a Site Plan and Design Review application for the development of a Truck Travel Center that includes five quick serve restaurants, three with a drive-thru, fuel dispensing stations for passenger and tractor trailer vehicles and associated travel center facilities, at the southeast comer of Campbell Boulevard and Hammatt Ave, (APN Nos. 023-070-012, 023-070-013, 023-070-014, and 023-060-010), in the City of Livingston; and
WHEREAS, the site is zoned C-3 (Highway Service Commercial) and PF, Public or Quasi Public Facilities, and has General Plan designation of Highway Commercial, Service Commercial and Public Facility according to the official zoning map of the City of Livingston and the 1999 Livingston General Plan; and
WHEREAS, LMC Section 5-6-7 requires the approval of a Site Plan and Design Review for new structures within the C-3 district to assure compatibility, harmony in appearance in neighborhoods, reduction of negative impacts ofnonaesthetic development, and orderly development of the community:
and
WHEREAS, a public hearing for the proposed project has been properly noticed by posting, a newspaper ad and a mailing to adjacent properties within 300 feet of the site; and WHEREAS, Staff has reviewed the project with reference to the 1999 General Plan, the Zoning Ordinance (specifically Sections 5-6-7 "C" thru "E") and the adopted Livingston Design Guidelines; and finds that, based on the evidence documented within the associated staff report and proceedings of the public hearing, the proposed use in Phase I, its site plan and design, is consistent with the General Plan. complies with the Zoning Ordinance in that the site plan and design meets the zoning standard and requirements (including those specifically referenced above), and meets the intent and guidance of the Livingston Design Guidelines; and
WHEREAS, on August 9, 2022, the Livingston Planning Commission considered the environmental effects of the project and recommended to the City Council the adoption of a Mitigated Negative Declaration along with adoption of a Mitigated Monitoring/Reporting Program for the Moonglo Truck stop Complex.

NOW, THEREFORE, BE IT RESOLVED that the Livingston City Council adopts Resolution 2022-56 approving the Site Plan and Design Review 2020-02 SGM Moonglo Truck Stop Complex, with Conditions of Approval attached as Exhibits "A" and "B" to this City Council Resolution.

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Passed and adopted this 6th day of September, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Mayor Aguilar and Council Members Moran and Garcia
None
Council Members Baptista-Soto and Kang
None
I hereby certify that the foregoing resolution was regularly introduced, passed, and adopted at a regular meeting of the City Council of the City of Livingston this 6t11 day of September, 2022.

Let~asquez-Zurita, City Clerk
Of the City of Livingston

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Exhibit A
Conditions of Approval
I. The Developer shall comply with all federal, state and local laws, policies, standards and requirements applicable to this use and obtain a building permit and all other permits applicable to this use and shall pay all fees and exactions applicable to such a use; and

2. The Developer shall comply with all the conditions of the associated Conditional Use Permit 2020-02 Resolution of Approval; and

3. The Developer shall repair any damage to City facilities such as curb, gutter, sidewalk, streets and alleys caused by construction; and

5. The development of the site shall be consistent with approved plans, elevations, and colors.

Provisions shall be made to accommodate bicycle parking. Minor variations from approved plans, elevations, and colors may be allowed at the review and approval of City staff; and

9. The developer and/or operator shall comply with the 33 conditions listed in the Memo dated August 2, 2022, from City Engineer Mario Gouveia to Contract City Planner Miguel Galvez. The time period for compliance with conditions 15, 16, and 17 as listed in the memo noted above shall be 7 years after the Certificate of Occupancy is issued for the convenience store/cashiers area; and
I 0. The Developer and/or operator shall submit the plans for the trash enclosures for City staff review and approval after access to the enclosures have been approved by Gilton Solid Waste Management; and

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

14. The Developer and/or operator shall complete and record approved Lot Line Adjustment Application No. LLA 2020-02 before a building permit can be issued for development of the site.

16. Truck parking on Campbell Boulevard adjacent to the property shall be prohibited.

17. The Developer shall annex this Project site into the Community Facilities District (CFO) No. 2017-1 prior to the issuance of the Certificate of Occupancy, including payment of administrative costs associated with the annexation process.

Recommended measures may include, but are not limited to, 1) preservation in place, or 2) excavation, recovery, and curation by qualified professionals. The project developer shall be responsible for retaining qualified professionals, implementing recommended mitigation measures, and documenting mitigation efforts in a written report to the City's Community Development Department, consistent with the requirements of the CEQA Guidelines.

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California Health and Safety Code Section 7050.5 and with any direction provided by the County Coroner. If the human remains are determined to be Native American, the County Coroner shall notify the Native American Heritage Commission, which will notify and appoint a Most Likely Descendant. The Most Likely Descendant shall work with the City and a qualified archaeologist to decide the proper treatment of the human remains and any associated funerary objects in accordance with California Public Resources Code Sections 5097.98 and 5097.991.

Avoidance is the preferred means of disposition of the burial resources.

22. GEO-2 If any subsurface paleontological resources are encountered during construction of the project, the City of Livingston Community Development Department shall be notified and all construction activities in the vicinity of the encounter shall be halted until a qualified paleontologist can examine these materials and determine their significance. If the find is determined to be significant, then the paleontologist shall recommend mitigation measures that would reduce potential effects on the find to a level that is less than significant. Recommended measures may include, but are not limited to, I) preservation in place, or 2) excavation, recovery, and curation by qualified professionals. The project developer shall be responsible for retaining qualified professionals, implementing recommended mitigation measures, and documenting mitigation efforts in a written report to the City's Community Development Department, consistent with the requirements of the CEQA Guidelines.

26. TRANS-I The project applicant or successors in interest shall be required to pay fair-share costs of a traffic signal at the Hammatt Avenue/Campbell Boulevard intersection.

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Evaluation report to provide a screening assessment of the feasibility of a roundabout or traffic signal at the SR 99 ramps intersections.

29. TRANS-4 The project applicant or successors in interest shall install frontage improvements along Campbell Boulevard, including sidewalks, during Phase I development of the project site.

30. TRANS-5 Improvements to the Hammatt Avenue/ Campbell Boulevard intersection shall be designed to accommodate ST AA trucks, and the project shall contribute its fair share to the cost of those features. Project access shall be designed to accommodate STAA trucks. Phase I shall contribute its fair share to the cost of a Caltrans ST AA route designation application to be completed by the City and shall contribute its fair share to the cost of improvements needed to accommodate ST AA trucks.

31. CUMUL-1 The project applicant or successors in interest shall be required to pay fair-share costs of improvements at the Hammatt Avenue/Campbell Boulevard intersection as described in Mitigation Measures TRANS-I and TRANS-3, along with an addition of a westbound left-tum lane on Campbell Boulevard east of Hammatt Avenue, a conversion of the southbound right-turn lane to a through/right-tum lane, and the addition of a northbound-to-eastbound overlap phase.

32. CUMUL-2 The project applicant or successors in interest shall be required to pay fair-share costs of traffic signals or roundabouts at the Hammatt A venue intersections with the SR 99 northbound ramps and the SR 99 southbound ramps as described in Mitigation Measure TRANS-2, along with the construction ofa southbound right-turn lane on Hammett Avenue that extends to Campbell Boulevard.

33. CUMUL-3 The project applicant or successors in interest shall be required to pay fair-share costs of a traffic signal at the Hammatt Avenue/F Street intersections.

34. CUMUL-4 The project applicant or successors in interest shall select and implement one of two alternatives related to traffic queuing at the western driveway: I) Reconfiguration of the westbound Campbell Boulevard approach to allow left turns from two lanes. This change would equalize traffic volumes in each lane and reduce the queue lengths. This would require that the layout of the Hammatt Avenue/Campbell Boulevard intersection be wider to accommodate the concurrent turning paths of two STAA trucks. The project applicant or successors in interest shall be required to pay fair-share costs of improvements proposed by this alternative. 2) Left turns at the western driveway shall be prohibited. If determined to be needed by the City, the project proponents shall fund construction of a median treatment or other measure acceptable to the City to prohibit left turns.

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GOUVEIA ENGINEERING

MEMORANDUM
TO:

FROM:

Miguel Galvez, Contract City Planne~. \. l'I d -to
Mario B. Gouveia, City Engineer Nvi V\}vrth~? r. I;,) r I
SUBJECT: Engineering Review Comments for the SGM Moonglo, Inc. Truck Stop Complex (Phase 1) SPDR 2020-02 Application - REVISED
DATE: August 2, 2022
CC: Vanessa Portillo, City Manager
These are the Engineering review comments for the SGM Moonglo, Inc. Truck Stop Complex (Phase I) in Livingston CA. The review comments are based on the revised site plan and accompanying drawings provided by the Applicant on July 26, 2022.

2. Public improvements shall conform to the latest edition of the City of Livingston Improvement Standards and all applicable State, Federal, and local laws and regulations.

3. Provide a soils report for project site prepared by a California registered geotechnical engineer.

4. 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. Applicant shall provide a WDID number prior to approval of the improvement plans.

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

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

8. Applicant shall pay all applicable development impact fees for Municipal Facilities, Police, Fire Protection, Streets and Bridges, Water, Domestic Wastewater, Storm Drainage, and Parks. 456 SIXTH STREET• GUSTINE, CALlFORNIA 95322 • TELEPHONE (209) 854-3300 • FAX (209) 854-3600

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Memorandum
Page2

9. Construct all connections for dry utilities underground and within the street right of way or other acceptable easements as approved by the respective utility companies.

10. Install a minimum new 10-inch water main on Campbell Boulevard for all proposed domestic, irrigation, and fire service connections. The new water line shall be connected to the existing 12-inch main on Hammatt Avenue and extended along Campbell Boulevard as required to make the project connections. Connections shall include water meters, back.flow preventers, post indicator valves, and fire department connections as applicable, pursuant to City standards and as approved by the City Engineer.

12. Install a 12-inch sewer main on Campbel1 Boulevard for all proposed connections for sanitary service and other allowable waste discharges or construct improvements as shown on the project site plan and accompanying drawings pursuant to City standards and as approved by the City Engineer. The new sewer line shall be extended along Campbell Boulevard as required to make the project connections and extended to the nearest property line for all other parcels with street frontage limited to Campbell Boulevard and within the limits of the project. Provide a grease interceptor at all onsite kitchen connections.

13. Connect the sewer main on Campbell Boulevard to the existing gravity sewer main on Dwight Way with a 12-inch sewer main as shown on the project site plan. Developer to submit hydraulic calculations to verify there is adequate capacity on the existing line to handle the additional project wastewater flows. Sewer lines consh·ucted outside of the public rights of way shall be located within an easement acceptable to the City Engineer. Applicant shall cause the dedication of said easement to the City of Livingston.

I 4. Construct septage receiving station pursuant to City standards and as approved by the City Engineer.

Applicant shall apply for a City Industrial Wastewater Permit for septage discharges to the sanitary sewer system. All discharges from the septage receiving station shall be metered.

15. Design and construct the proposed stonn basin per the City standards, soils investigation report, and as approved by the City Engineer and Merced Irrigation District. The basin shall collect storm runoff from street frontage improvements and on-site areas and sized to handle storm runoff from the project site, tributa1y area(s) for existing basin, and any planned future development. Applicant shall grant and cause the dedication of an easement to the City of Livingston for disposal of street runoff unto the private storm basin.

16. Backfill existing basin, disconnect and extend existing storm pipes along Campbell Boulevard to the new basin on the southeast corner of the project site. The new storm drain line shall be sized to handle storm runoff from street frontage, on-site areas, and existing basin tributary area based on hydraulic calculations, pursuant to City standards and as approved by the City Engineer. Provide sand oil separator for all surface runoff from parking lots, fueling areas, and drive isles.

17. Dedicate street right of way and 10-ft public utility easement for the south half of Campbell Boulevard and construct street improvements pursuant to Arterial Standards (110-ft divided 4-Lane) or as approved by the City Engineer. Applicant shall dedicate the right of way using a street alignment for Campbell Boulevard that does not affect existing developed parcels within the impacted roadway segment. Roadway pavement shall be widen to ultimate street width within the project 456 SIXTH STREET• GUS'l1NE, CALIFORNIA 95322 • TELEPHONE (209) 854-3300 • FAX (209} 854-3600

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Memorandum

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frontage and transitioned to existing pavement as required. Curb, gutter, sidewalk, street lighting, street landscaping, 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.

18. Dedicate street right of way for the north half of Campbel I Boulevard pursuant to Arterial Standards (1 IO-ft divided 4-Lane) as proposed by the Applicant on the project site plan and accompanying drawings. Applicant shall dedicate the right of way using a street alignment for Campbell Boulevard that does not affect existing developed parcels within the impacted roadway segment.

19. Construct street frontage improvements on Campbell Boulevard to match the intersection improvements for Campbell Boulevard and Hammatt A venue being designed and constructed by others. Applicant shall cause the dedication of street right of way for Campbell Boulevard and Hammatt Avenue as necessary for said intersection improvements.

20. The Applicant would be responsible for constructing the street widening improvements on the west half of Hammatt A venue between the State Route 99 northbound onMramp and the intersection of Hammatt Avenue and Campbell Boulevard. These widening improvements are being triggered by the project's traffic impacts but they're already scheduled for construction by the City of Livingston using separate funding. Therefore, the Hammatt A venue widening improvements are not required to be completed by the Developer.

21. The Applicant is responsible for constructing any street widening improvements on the north half of Campbell Boulevard that are triggered by the project's traffic impacts for turning movements at the intersections of Hammatt Avenue and Industrial Drive.

22. The proposed most western driveway on CampbeJI Boulevard shall be restricted to right~in and rightout vehicle movements. Applicant shall construct a raised center median on Campbell Boulevard to prevent left turn movements from said driveway.

23. Construct the proposed second driveway from the west to align with the intersection oflndustrial Drive as shown on the project site plan and as approved by the City Engineer.

24. Construct all other street improvements and provide site ingress/egress as recommended by the project's Transportation Impact Analysis prepared by KDA & Associates dated July 24, 2020 and al! other amendments thereto.
25, Applicant shall prepare and submit to Caltrans an STAA Route Designation Application for Hammatt and Campbell Boulevard on behalf of the City of Livingston and at the sole cost of the Applicant.

Both streets shall be designated STAA routes prior to the issuance of a certificate of occupancy by the City of Livingston.

26. Applicant shall address any other requirements for street improvements and site access provided by Caltrans as part of their review and approval for this project, except for the requirements for the street widening improvements for the west half of Hammatt A venue being completed by the City of Livingston.
27, Pay maximum fair share of31% or minimum 14% at the City's discretion for intersection improvements at Hammatt Avenue and Campbell Boulevard to mitigate the traffic impacts per the project's Transportation Impact Analysis. The intersection improvements to include the required roadway configuration/traffic signal layout as approved by the City Engineer and pursuant to City standards.
456 SIXTH STREET• GUSTINE, CALIFORNIA 95322 • TELEPHONE (209) 854-3300 • FAX (209) 854-3600

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Memorandum
Page4

29. Pay maximum fair share of 21 % or minimum 7% at the City's discretion for intersection improvements at Hammatt Avenue and SR 99 Southbound Ramps to mitigate the traffic impacts per the project's Transportation Impact Analysis. 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.

30. Pay maximum fair share of 11 % or minimum 3% at the City's discretion for intersection improvements at Hammatt Avenue and F Street to mitigate the traffic impacts per the project's Transportation Impact Analysis. The intersection improvements to include the required rnadway configuration/traffic signal layout as approved by the City Engineer and pursuant to City standards.

31. Provide on-site and off-site ADA accessible path for pedestrians and bicyclists.

32. Provide access to the trash enclosure as approved by the City Planner and the City's Refuse Contractor.

33. Protect from damage all existing street improvements designated to remain in place. 456 SIXTH STREET• GUSTINE, CALIFORNIA 95322 • TELEPHONE (209) 854-3300 • FAX (209) 854-3600

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Project Location & Vicinity Map
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Attachment 5
Site Plan/Design Review 2020-02
& CUP 2020-02
Moonglo Trucking
General Plan: (PF) Public Facility; (HC) Highway
Commercial & (SC) Service Commercial
APN’s: 023-060-010; 023-070-012; 023-070-013

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Attachment 6
Site Plan/Design Review 2020-02
& CUP 2020-02
Moonglo Trucking
Zoning: (PF) Public Facility &
(C-3) Highway Service Commercial
APN’s: 023-060-010; 023-070-012; 023-070-013
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STAFF REPORT
AGENDA ITEM: Public Hearing - Site Plan and Design Review Application No. 2020-02 and Conditional Use Permit Application No. 2020-02 - SGM Moonglo, Inc. Truck Stop Complex - Moonglo. A request to develop a truck stop travel center on an 18.9-acre property zoned C-3, Highway Service Commercial District and PF, Public or Quasi-public Facilities District.

MEETING DATE: September 6, 2022
PREPARED BY: Miguel Galvez, Contract City Planner
REVIEWED BY: Vanessa Portillo, City Manager
RECOMMENDATION:

1. Adopt City Council Resolution No. 2022- _, adopting an Initial Study/Mitigated Negative Declaration, including adoption of a Mitigation Monitoring/Reporting Program for the Moonglo Project Conditional Use Permit Application No. 2020-02 and Site Plan and Design Review Application No. 2020-02. (APNNos. 023-070-012, 023-070-013, 023-070-014, and 023-060-010)

2. Adopt City Council Resolution 2022-_, approving Conditional Use Permit Application No. 2020- 02 - SGM Moonglo, Inc. Truck Stop Complex - Moonglo, to allow Quick Serve Restaurants with a drive-thru and to allow fuel dispensing stations for passenger and tractor trailer vehicles and associated travel center facilities at the southeast comer of Campbell Boulevard and Hammatt Avenue. (APN Nos. 023-070-012, 023-070-013, 023-070-014, and 023-060-010)

3. Adopt City Council Resolution 2022-_, approving Site Plan and Design Review Application No. 2020-02 - SGM Moonglo Truck Stop Complex for the development of a Truck Travel Center that includes five quick serve restaurants, three with a drive-thru, fuel dispensing stations for passenger vehicles, a fuel dispensing station for tractor trailers and associated travel center facilities, at the southeast comer of Campbell Boulevard and Hammatt A venue. (APNNos. 023-070-012, 023-070-013, 023-070-014, and 023-060-010) BACKGROUND AND DISCUSSION:

The owner and applicant propose to develop approximately 18.9 acres of currently vacant property as a travel center that would serve trucks (tractor trailers) and passenger vehicles, primarily those traveling on nearby State Route (SR) 99. The applicant proposes to develop a range of truck and passenger car traveloriented commercial uses on the site in two phases, see Attachment 7a Project Site Plan; Attachment 7bProject Phasing map; Attachment 7e- Project Landscape Plan; and Attachment 7c and 7d- Project Elevations and Floor Plans.

Phase 1 proposes development of a 13,030 square-foot travel center building with a convenience store and two quick-serve restaurants, along with restrooms and showers for travelers and fueling stations for passenger vehicles. A passenger vehicle fuel dispensing area is proposed which would be covered by a 9,720 square foot canopy. Four above ground storage tanks would be installed south of the main building,

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near the State Route (SR) 99 right-of-way. The proposed site plan would include parking for passenger vehicles and tractor trailers, along with parking for recreational vehicles. A drive-thru lane would be provided for one of the quick serve restaurants in the travel center building.

In addition, in the area east of the travel center building, a truck service establishment would consist of a diesel fuel dispensing area, a Certified Automated Truck (CAT) scale, a 7,200 square foot building that would accommodate both a truck tire center and future quick-serve restaurant (in proposed phase 2).

The remainder of the Phase 1 area would include circulation aisles and parking, including drive-thru aisles for the automobile and truck fueling areas. A total of 86 parking spaces would be available for passenger vehicles in the travel center area, along with four spaces for disabled persons. Ten additional spaces would be provided for recreational vehicles, along with a dump station along the southern boundary of the project site for disposal of sewage. A total of 127 parking spaces would be available for commercial trucks in the truck service area. Site access would be provided by five proposed driveways off Campbell Boulevard.

Three of these driveways would provide access to the truck service area, while the remaining driveway would provide access for passenger vehicles.

Other features of Phase 1 include development of a fenced dog park and a recreational vehicle dump station, locate south of the travel center building.

The project would include frontage improvements along Campbell Boulevard in accordance with City standards for a four-lane Minor Arterial. This would include two vehicle lanes approximately 12 feet in width in each direction, for a total of four lanes. It would also include a median left-tum lane approximately 16 feet in width, and two bike lanes approximately eight feet in width, one on each side of the road.

Approximately 15 feet on each side of the improved Campbell Boulevard would be used for pedestrian pathways and landscaping.

The applicant also proposes the relocation of an existing storm water detention basin from the western portion of the project site to the southeastern comer of the property. The relocated basin will be sized as approved by the City Engineer to replace the capacity of the existing storm water detention basin and to accommodate additional runoff generated by the proposed development of the project site.

The project would install new water and wastewater lines connecting to existing City facilities. The project would connect to the City's water system in two places ( an existing line beneath adjacent Hammatt A venue and the other at an existing line beneath Dwight Way to the east). The project's wastewater line would connect to an existing main beneath Dwight Way to the east.

Phase 2 of the project proposes the development of two new 2,800 square-foot quick-serve restaurants, with associated circulation and parking in the western portion of the site. A third quick-serve restaurant would be located in the eastern portion of the site in the tire center building. Each quick-serve restaurant west of the travel center building would have a drive-thru lane and required circulation and parking, including 40 passenger vehicle parking spaces, 6 compact automobile spaces, and 2 spaces for disabled persons. An additional driveway off Campbell Boulevard would be installed to provide access to this portion of the development.

The project would be landscaped in accordance with City standards. A preliminary landscaping plan for the project site is shown on Attachment 7e, Figures L.0.1, L.0.2, and L.0.3. Street trees would be planted along the Campbell Boulevard site frontage, and an evergreen hedge with large-spreading trees would be installed along the SR 99 frontage. Other trees and shrubs would be installed throughout the development. A lawn would be installed in the dog park area. The landscape and associated irrigation system would be designed to comply with the City's Model Water Efficient Landscape Ordinance.

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Although the Site Plan and Design Review (SPDR) application was made for the whole site, the applicant only submitted floor plan and elevations for the travel center building, which includes two quick serve restaurants. A Site Plan and Design Review application that includes floor plans and elevations for the proposed tire center and quick serve restaurant will be submitted separately. Moreover, the applicant is considering adding a truck wash facility as part of the truck tire center building. This proposal will be considered under a separate SPDR application.

ANALYSIS:

Except for the storm water detention basin, the property has the appropriate General Plan and zoning designation for the proposed land uses. The proposed land uses under phase 1, as proposed and conditioned, meet the development standards in the City's Zoning and Development Codes. The proposed development meets the height, setback, and lot coverage requirements. The parking required for gas stations is 1 per employee (5 at maximum shift) and for a restaurant is 1 space for every 50 square feet of net floor area for dining and waiting. The final net dining area of each land use will be confirmed at time of the building permit application.

According to the floor plans, there is 1,250 gross sq. sf. of dining/waiting area for the phase 1 quick-serve restaurant and 1,400 gross sq. ft. of dining/waiting area for the full-service restaurant. This calculates to a total of 58 spaces required (this figure is likely high because the square footage of drink stations, waiter stations, garbage- tray return areas, and other food prep and self-service areas are not known and are not deducted to achieve a net dining/waiting area). As noted in the Project description above, the development provides 77 parking and vehicle holding spaces complying with the City's parking requirements for both fueling stations and restaurants.

The preliminary landscape plan submitted shows a variety of trees, shrubs, and ground cover to be used for this Project. City staff will review the final plant materials and will verify that the proposed plants are drought tolerant and consistent with the types of plants the City has allowed and are compliant with the Model Water Efficiency Landscape Ordinance.

A project sign.age plan has not been submitted. A Condition of Approval will be included to allow staff to administratively approve proposed sign.age in conformance with the City Sign Regulations (LMC Title 4 Building Regulations, Chapter 2 Sign Regulations.

Exterior lighting is not addressed in the application, leading staff to recommend a Condition of Approval to require lighting to be shielded and focused on the building and parking areas. The City has a Design Guide applicable to all new development. Staff has compared the proposed new building's design and colors, as described above, with the Design Guide. The overall design of the new building appears to be consistent with the Design Guide in terms of being compatible in scale with the surrounding area and providing visual interest.

Staff referred this proposal to various departments and agencies for comment and identification of possible Conditions of Approval. The City Engineer responded and included a revised memo dated August 2, 2022, with a list of recommended Conditions of Approval for the SPDR and CUP applications. This memo is included in the attached City Council Resolutions of Approvals as Conditions of Approval. The vast majority of the Engineering Conditions of Approval are standard conditions required by City and State regulations.

Also required by the City, consistent with all other new development, are Conditions requiring payment of applicable development impact.

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ISSUES
Staff has evaluated the proposed project and has identified the following issues. None of issues warrant opposition to the project, but rather clarify procedural requirements that are required.

1. Public Facility Land Use Designations. The western portion of the project site is zoned PF, Public or Quasi-public Facility and it also has a General Plan designation of PF, Public Facility.

Commercial uses are not permitted in the PF zoning district. Phase 2 of the project proposes two quick serve restaurants, which are prohibited in the PF zoning district. Rezoning this area from PF to a C-3 zoning district will need to be completed prior to development of any commercial land uses on this portion of the project. The action will also require a general plan amendment, amending the General Plan Land Use Map for the project site from PF, Public Facility to SC, Service Commercial or NC, Neighborhood Commercial. Neither of these actions were included in the current project request or addressed in the environmental assessment for this project. A Condition of Approval is recommended to require completion of a rezoning and general plan amendment from PF to C-3 and Highway Commercial respectively before development of Phase 2 of the project can commence.

2. Storm Water Master Planning. The subject property currently contains a storm water basin that collects storm water runoff from adjacent streets as well as from the current and adjacent properties.

A regional or neighborhood master plan for identifying a comprehensive storm water collection and discharge system for this area has not been developed. The lack of a comprehensive plan or temporary plan for addressing storm water run-off to serve this area results in each property developing either an individual storm water collection retention basin or connecting into a smaller storm water detention basin. Without an adopted Storm Water Master Plan adopted, individual development projects are required to devote portions of their property address storm water runoff.

A regional storm water collection system enables properties to address local flooding on a collective basis, while also increasing the amount of land that can be developed. There was an opportunity to develop and adopt a regional storm drain basin to serve this neighborhood. Staff met with applicant shortly after the Planning Commission Meeting and due to timing and development constraints, will allow the applicant to proceed forward with the proposed storm drainage design. A storm water connection point can be designed into the project, as approved by the City Engineer, to accommodate connection to a future regional storm water collection system.

The property's existing storm water basin is proposed to be filled-in with soil and a new storm water basin constructed on the eastern portion of the property. The new basin is expected to continue to serve the adjacent streets and properties as well as the subject site. Although the storm water basin will serve both public and private areas, a new public easement for basin purposes will be required before the existing basin and easement can be abandoned. The design of the proposed basin will require incorporation of a service access road to maintain the bottom of the basin. A Condition of Approval will be included to require the development and dedication of a public easement for the new storm water basin will be included. The property owner will be responsible for dedicating a new public utility easement for access and maintenance of the new basin.

3. Signage Plan. The development application did not include a signage plan for the proposed project.

The City's Sign Regulations for commercial zone districts (Livingston Municipal Code (LMC) Section 4-2-9-2) as well as freeway oriented signs (LMC 4-2-10) C-3 shall apply to this development. A Condition of Approval is included to require the developer to submit a sign plan for the site. Signage to be installed in compliance with LMC 4-2 Sign Regulations as approved by the Planning Director.

4. Lot Line Adjustment. The applicant applied for and received approval of a lot line adjustment

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application. On November 10, 2020, the Minor Subdivision Committee of the City of Livingston approved Lot Line Adjustment Application No. LLA 2020-02. The LLA reconfigured three parcel boundaries, one of which was bisected by Campbell Boulevard. The LLA would result in reconfiguring the lots so they would not extend over Campbell Boulevard. The LLA has not been recorded. A Condition of Approval will be included to require that LLA No. 2020-02 be perfected before a building permit can be issued for any development of the proposed project.

4. Fire Suppression. The project was routed to Cal Fire, but no comments have been received to date.

California Building and Fire Code establishes minimum standards for the protection of life and property by increasing the ability of a building to resist the intrusion of flame and burning embers.

Building permits required as a result of the proposed project will be reviewed by the City's Building Permits staff and contracted Fire Prevention staff to ensure all State of California Building and Fire Code requirements are met prior to construction. The Project will be conditioned to meet all current fire and building code, including the provision of emergency personnel access and fuel spillage containment protocols as approved by the City Fire Chief.

Installation of an OptiCom system will be conditioned and addressed on a proportionate, fair share basis in the proposed Conditions of Approval. The staffing, equipment, and funding needs of the Fire Department are addressed in the proposed Condition of Approval requiring the Project to annex into Community Facilities District (CFD) 2017-01 (Public Services).

6. Water Line Improvements. The applicant proposes to extend City water lines along Campbell Avenue to serve the project site. The City Engineer is requiring that the water lines be extended and connected to the existing water line on Dwight A venue. The looped water system helps to prevent stagnation of water at a dead end as well as helps maintain a uniform water pressure throughout the City's water system. A Condition of Approval is included to fulfill this requirement.

The applicant initially expressed concern about the timing and cost associated with extending the City water line to achieve a looped system, but has since agreed to this requirement.

7. Traffic Impacts and Mitigation Measures. A transportation impact analysis for the Moonglo Truck Stop project was prepared by KD Anderson and Associates and submitted on July 25, 2020. The adequacy of site access has been evaluated to ensure safe traffic operation under long term conditions and to address improvements found to be needed at the adjoining Hammatt Avenue/ Campbell Blvd intersection. On May 23, 2022, Caltrans accepted the traffic impact analysis and the proposed street improvements for this project.

Truck Access. The project will be required by the City to make frontage improvements along Campbell Blvd that are consistent with the long term plan for this road (i.e. 5-lane section), and the project's three truck driveways are very broad. Within that context, the final layout of the site driveway will need to confirm that ST AA* truck turns can be accommodated without encroaching into opposing travel lanes.
[* Information Note: The Surface Transportation Assistance Act (STAA) establishes a national network of highways designated for use by large trucks. On these highways, federal width and length limits apply.

Trucks that are within the width and length limits specified in the Act are now referred to as "STAA "trucks.] Access at Industrial Drive. The project proposes automobile access at a driveway on Campbell Blvd at a location opposite Industrial Drive. By aligning the driveway and intersection potential conflicts between opposing vehicles can be minimized. Left tum lanes will need to be created on Campbell Blvd as part of project frontage improvements. The final design of intersection improvements will need to accommodate the concurrent turning requirements of trucks and RV's accessing Industrial Drive and entering and exiting the project site.

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Access near Hammatt Avenue. The western driveway is located about 300 feet from Hammatt A venue ( centerline to centerline) and roughly 210 feet of storage will exist in the left tum lane between the driveway and the crosswalk anticipated at Campbell Blvd. the queuing analysis indicates that under mitigated conditions with other approved projects the 95th percentile queues extending back from Hammatt Avenue could reach 320 feet, including vehicles that might have turned left from the driveway. Under these conditions, the City will prohibit left turns at the western driveway. The Project will be conditioned to have the westernmost driveway on Campbell Boulevard, which will be developed in Phase 2, to be right-in and right-out only.

Identified transportation impacts will be addressed by the following Mitigation Measures:

TRANS-1: The project applicant or successors in interest shall be required to pay fairshare costs of a trafl1c signal at the Hammatt Avenue/Campbell Boulevard intersection.

TRANS-2: The project applicant or successors in interest shall be required to pay fairshare costs of trafl1c signals or roundabouts at the Hammatt A venue intersections with the SR 99 northbound ramps and the SR 99 southbound ramps. The prqject applicant or successors in interest shall be required to pay fair-share costs of preparing a preliminary Intersection Control Evaluation report to provide a screening assessment of the feasibility of a roundabout or traffic signal at the SR 99 ramps intersections TRANS-3: The project applicant or successors in interest shall be required to pay fairshare costs of the addition of an eastbound right-tum Jane, approximately 200 feet in length, on Campbell Boulevard with right tum overlap phases on the northbound-toeastbound and eastbound to-southbound movements.

TRANS-4: The prqject applicant or successors in interest shall install frontage improvements along Campbell Boulevard, including sidewalks, during Phase 1 development of the project site (see Mitigation Measure TRANS-1). Standard pedestrian crossing controls and ADA accessible ramps shall be included in the proposed signalization of the Hammatt A venue/Campbell Boulevard intersection, and the project shall contribute its fair share to the cost of those features.

TRANS-5: Improvements to the Hammatt A venue/Campbell Boulevard intersection shall be designed to accommodate STAA trucks, and the project shall contribute its fair share to the cost of those features. Project access shall be designed to accommodate STAA trucks.

Phase 1 shall contribute its fair share to the cost of a Caltrans STAA route designation application to be completed by the City and shall contribute its fair share to the cost of improvements needed to accommodate STAA trucks.

Both Caltrans and the applicant have agreed to these mitigation measures. Caltrans has also approved a draft Signalization Plan for the Hammatt A venue and Campbell Boulevard intersection, see Attachment 9 .

GENERAL PLAN
The property has three General Plan Designations: PF - Public Facility, SC Service Commercial and HC, Highway Commercial. The 1999 Livingston General Plan includes the follows Commercial Land Use Objectives and Policies.

A. Ensure the provision of adequate commercial shopping opportunities and office space locations to

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meet anticipated needs.

Policy 1. Establish the following commercial land use designations:

Policy 1.d Service Commercial designates land for commercial activities in which the function performed is of equal or greater importance than the product traded. The Highway Commercial subcategory allows Service Commercial uses, which due to space requirements, the proximity to the highway, or the distinctive nature of their operation, are not compatible with or not usually in other commercial designations.

Policy 2. Neighborhood Commercial sites should be located at or near the intersection of Collector and Arterial streets, with a minimum of overlap with other existing or planned neighborhood commercial uses. Only one neighborhood commercial development may be permitted at any one intersection. Such developments should also be directly accessible form adjacent residential developments.

Policy 3. Community Commercial uses should be located along major traffic ways in consolidated centers that utilize common access and parking for commercial uses. Strip commercial uses are to be discouraged. Adequate pedestrian links to residential areas shall be required.

The C-3 Highway Service Commercial district correlates to and fulfills the Service Commercial and Highway Commercial General Plan designations.

However, the C-3 Highway Service commercial does not correlate with the General Plan designation of Public Facility and an amendment to the City's General Plan Land Use Map will be necessary to allow the proposed uses under Phase 2 to be developed. A Condition of Approval is included to require a rezoning and General Plan Amendment from PF Public Facility to HC, Highway Commercial to be completed before development can be approved on Phase 2.

Hammatt A venue and Campbell Boulevard are designated as Arterial Streets in the Circulation Element of the Livingston General Plan. The Circulation Element of the City's General Plan includes a Bikeway Plan that designates a bikeway along Campbell Boulevard from Hammatt Avenue to Winton Parkway.

Campbell Boulevard, between Winton Parkway and the eastern City Limits boundary is designated as a Truck Route. Hammatt Avenue, between Walnut Avenue and State Highway 99 is also designated as a Truck Route.
"The City of Livingston designates Service Level 'C' as defined in the Highway Capacity Manual (published by the Transportation Research Board of the National Research Council) as minimum desirable service level at which arterial streets and collector streets should operate. All new facilities in these categories shall be designed to operate at this level or better for a period of at least 20 years following their construction."
Unlike City intersections, Caltrans considers Level of Service (LOS) D and acceptable LOS for ramp junctions. Moreover, SB 743 seeks to balance traffic impacts and mitigation with statewide GHG emission reduction goals, by eliminating street and intersection capacity as the principal means for evaluating transportation impacts. California Code of Regulations Section 15064.3 states that vehicle miles traveled (VMT) is the preferred method for evaluating is preferred. A qualitative analysis may be used if existing models or methods are not available to estimate VMT for the project being considered.

With Phase 1, the addition of project generated automobile and truck traffic onto the adjacent street system would result in two intersection operating with delays that are indicative of LOD F, and one intersection operating at LOS D. Peak hour traffic signal warrants will be satisfied both time periods at the Hammatt A venue/Campbell Boulevard intersection and during one time period at the two SR 99 ramp intersections.

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This is an important impact, but no longer a significant effect under CEQA.

Provisions for transportation system improvements presented as mitigation measures would ensure that traffic conditions would operate to City standards at the deficient intersections, reducing impacts to an acceptable level consistent with the Livingston General Plan as shown in the traffic study. All mitigation measures identified in the project's initial study and Mitigated Negative Declaration will be incorporated as Conditions of Approval for development of the project.

ZONING ORDINANCE
The property is zoned C-3 and PF, see Attachment 6 - Zoning Map, as such, the Livingston Municipal Code requires all new construction to undergo Site Plan and Design Review consideration by the Planning Commission for a recommendation to the City Council for final consideration. In addition, any proposed restaurant with a drive-in and any gasoline dispensing station requires approval of a Use Permit application.

Since the applicant is proposing five quick serve restaurants, three of which are proposed with a drive thru restaurant component as they propose to serve food and drinks from a pass through opening to customers in their vehicle or delivery of food to a diner remaining in their vehicle, approval of a Conditional Use Permit is required.

A Site Plan and Design Review application allows the City to evaluate the development proposal to assure compatibility, harmony in appearance with the neighborhood, reduction of any negative impacts, and orderly development of the area.

Conditional Use Permits are used primarily to review the location, site development or conduct of certain land uses that generally have a distinct impact on the area in which they are located, and/or are capable of creating special problems for bordering properties unless given special attention. Conditional use permits may be granted by the Planning Commission, but when considered with other land use entitlement applications are also considered by the City Council. Conditional use permits require a determination of findings and conditions by the Planning Commission.

In considering an application for conditional use permits, the following criteria shall be considered:

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

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

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

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of any particular applicant.

As discussed above, commercial uses are not permitted in the PF zoning district. A Condition of Approval is included to require a rezoning of the project's area currently zoned as PF to C-3, Highway Service Commercial to be completed before any development on that portion of the project site can be approved for development.

Dedication of street right-of-way and improvements for the south-half of the Campbell Boulevard will be required to meet the 4-lane Minor Arterial street classification (110-foot wide right-of-way divided, with median/left turn lane). A ten foot wide public utility will be required along the property outside of the ultimate right-of-way dedication.

A preliminary landscape plan has been submitted with the entitlement application. The final landscaping plan and irrigation system plan will have to be reviewed by a licensed Landscape Architect to ensure compliance with the City's Model Water Efficiency Landscape Ordinance. A Condition of Approval is included to meet this requirement.

All new development creates a need for increased public services. To address the increased demand on public services, the project will be required to annex to the City of Livingston Community Facilities District (CFD) No 2017-01 (Public Services). A Condition of Approval is included to meet this requirement.

Annexation to the CFD is handled through a separate process outside of the land use entitlement application.

ENVIRONMENTAL REVIEW:

The proposed project is a "project" as defined by CEQA and is not exempt from CEQA consideration. The applicant retained the services of an environmental consultant to address CEQA requirements, which are administered by the City. The consultant prepared an Initial Study (IS) and a proposed Mitigated Negative Declaration (MND). These documents were reviewed in detail by City staff and, after City editing, represent the independent analysis and judgment of the City. These documents were circulated to various City departments, other agencies (including Cal Trans) and organizations and was subsequently made available for public review and comment for 30 days starting December 20, 2020, through January 10, 2021.

All environmentally related comments received can be mitigated through corrections/changes to the Document or the imposition of Conditions of Approval. Accordingly, staff has prepared a Resolution which adopts the Mitigated Negative Declaration and incorporates all the proposed Mitigation Measures into the project. The City has also prepared a Mitigation Monitoring/Reporting Plan which summarizes all potential impacts of the project and the associated mitigation measures. The Mitigation Monitoring /Reporting Plan also identifies who is responsible for implementing the mitigation measure and who does the follow up with monitoring/reporting, see Attachment 9, Mitigation Monitoring/Reporting Program.

The Initial Study considered the project's potential for significant environmental effects in the following subject areas:

Aesthetics
Agricultural Resources
Air Quality
Biological Resources
Cultural Resources
Energy
Geology and Soils
Greenhouse Gas Emissions
Hazards and Hazardous
Materials
Hydrology and Water Quality
Land Use and Planning
Mineral Resources
Noise
Population and Housing
Public Services
Recreation
Transportation/Traffic
Tribal Cultural Resources
Utilities and Service Systems
Wildfire
Mandatory Findings of
Significance

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The Initial Study concluded that the project would have significant environmental effects, but recommended mitigation measures would reduce all these effects to a level that would be less than significant. As a result, the City has prepared a Mitigated Negative Declaration and notified the public of the City's intent to adopt the Initial Study/Mitigated Negative Declaration. The applicant has accepted all the recommended mitigation measures.

Table 1-1 of the Initial Study includes a summary of environmental impacts and mitigation measures. A copy of Table 1-1 is included as Attachment 8, Table 1-1 Summary of Environmental Impacts and Mitigation Measures. Briefly, mitigation measures were identified for potential impacts on Cultural Resources, Geology and Soils, Hydrology and Water Quality, Transportation/Traffic, Tribal Cultural Resources, and Mandatory Findings of Significance. A Mitigation Monitoring and Reporting Program for this CEQA document is included as Attachment 9.

PLANNING COMMISSION ACTION AND RECOMMENDATION:

The Planning Commission held a Public Hearing on August 9, 2022, to consider the proposal and on a vote of 3-0 approved three resolutions with a recommendation to the City Council to (1) adopt an Initial Study/Mitigated Negative Declaration, with a Mitigation Monitoring/Reporting Program, (2) approve Conditional Use Permit Application No. 2020-02 and (3) approve Site Plan and Design Review Application No. 2020-02. for the Moonglo Project.

The applicant and his representatives were present at the Planning Commission meeting. They responded to questions and voiced agreement with the staff recommendation and conditions of approval. No other members from the public spoke for support or opposition of the project during the Public Hearing.

FISCAL IMPACT:

The Project would increase property taxes and assessments to the City. Staff costs associated with processing the Site Plan and Design Review application is subject to reimbursement from the applicant.

RECOMMENDATION:

Staff and the Planning Commission are of the opinion that the proposed commercial uses as proposed are consistent with City regulations and standards. Staff recommends the City Council take the following actions:

1. Adopt City Council Resolution No. 2022-_, adopting an Initial Study/Mitigated Negative Declaration, including adoption of a Mitigation Monitoring/Reporting Program for the Moonglo Project Conditional Use Permit Application No. 2020-02 and Site Plan and Design Review Application No. 2020-02. (APNNos. 023-070-012, 023-070-013, 023-070-014, and 023-060-010)

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vehicles, a fuel dispensing station for tractor trailers and associated travel center facilities, at the southeast comer of Campbell Boulevard and Hammatt A venue. (APN Nos. 023-070-012, 023-070-013, 023-070-014, and 023-060-010) ATTACHMENTS:

1. City Council Resolution No. 2022- __, adopting an Initial Study/Mitigated Negative Declaration, along with adoption of a Mitigation Monitoring/Reporting Program for the Moonglo Project Conditional Use Permit Application No. 2020-02 and Site Plan and Design Review Application No. 2020-02.
a. Exhibit A-Conditions of Approval
b. Memorandum-Gouveia Engineering dated 8/2/22
c. Mitigation Monitoring Reporting Program-August 2022

2. Council Resolution 2022-_, approving Conditional Use Permit Application No. 2020-02 - SGM Moonglo, Inc. Truck Stop Complex
a. Exhibit A-Conditions of Approval
b. Memorandum-Gouveia Engineering dated 8/2/22

3. City Council Resolution 2022-_, approving Site Plan and Design Review Application No. 2020-02 - SGM Moonglo Truck Stop Complex
a. Exhibit A-Conditions of Approval
b. Memorandum-Gouveia Engineering dated 8/2/22

4. Project Location and Vicinity Map

5. Project General Plan Map

6. Project Zoning Map

7. (a.) Project Site Plan, (b.) Phasing Map, (c.) Floor Plan, (d.) Elevations, and (e.) Landscape Plan

8. Initial Study/Mitigated Negative Declaration for the Livingston Truck Stop Complex, December 2020.

9. Mitigation Monitoring and Reporting Program for the Livingston Truck Stop Complex.

10. Affidavit of Public Hearing Notice

11. Draft Notice of Determination
9

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PLANNING DIVISION
Vicinity Map
Moon Glo
General Plan Amendment and Rezone
GPA 2023-02 and REZ 2023-02
APN: 023-070-012
Project
Site
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(N"ot - Scale)

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AFFIDAVIT OF PUBLICATION
Account # Order Number Identification Order PO Cols Depth 19355 641809 Print Legal Ad-IPL02207490 - IPL0220749 Moonglo Project and The 2 65 L Attention: Tina Whitsitt

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

STATE OF CALIFORNIA )
) ss.

County of Merced )
Mary Castro,
make oath and swear that
CYPRESS MEDIA, LLC, publishers of The Merced Sun, 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 the 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:
03/07/25
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: 10th, day of March, 2025
Notary Public in and for the state of South Carolina,
residing in Beaufort County
Extra charge for lost or duplicate affidavits.

Legal document please do not destroy!
McClatchy

NOTICE OF PUBLIC HEARING

CITY OF LIVINGSTON
To All Interested Parties:
l11e Beaufort Gazette
1l1e Belleville News-Democrat
Bellingham Herald
Centre Daily Times
Sw1 HeraJd
Idaho Statesm an
Bradenton Herald
ll1e O 1arlo tte Observer
The State
Ledger-Enq·uirer
NOTICE IS HEREBY GIVEN that the Livingston City Council will hold a Public Hearing at a Regular City Council Meeting on Tuesday, March 18, 2025, at 7:00 p.m. or soon thereafter in the City Council Chambers, 1416 "C" Street, Livingston, CA, to consider the following items:

1. General Plan Amendment Application No. GPA 2023-01, Rezone Application No. REZ 2023-01 - SGM Moonglo, Inc., 19898 Avenue 24, Chowchilla, CA 93610 (Attn: Mr. Goldy Singh). A request to amend the General Plan Land Use Diagram and Rezone property previously set aside as a storm drain basin to accommodate the Moonglo development project, approved by the Livingston City Council in September 2022. The Applicant is requesting a land use amendment only. The proposed General Plan Amendment is to re-designate the project site from PF, Public Facility to HG, Highway Commercial. The proposed Rezoning request is to amend the Project site from Public/ Quasi Public Facilities (PF) to Highway Service Commercial (C-3). (Previously identified as APN No. 023-070-012 and currently part of APN 023-070-015 and 023-070-016).

On October 8, 2024, the Livingston Planning Commission recommended to the City Counci l approval of GPA 2023-01 and REZ 2023-01. A Mitigation Negative Declaration (MND) under the provisions of the California Environmental Quality Act was previously prepared for this development and approved by the City Council on September 6, 2022.

2. Time Extension for Conditional Use Permit No. CUP 2019-03 and Site Plan and Design Review Application No. SPDR 2019-04 for the Villages at Main Residential Apartment Community project. The Project consists of the construction of a 480-unit residential apartment complex on a 17.3-acre site located atthe southeast intersection of Peach Avenue and Main Street/Lincoln Blvd, adjacent to and south of the Livingston High School playing fields in southern Livingston, CA. The time extension, if approved, will allow the applicant an additional time to exercise the previously approved planning applications. The initial time extension request was for 12 months, then the applicant amended the request for 24 months (APN 047-280-020 and 047-280-029).

On September 21 , 2021 , the City Council adopted a resolution of certifying the Final Environmental Impact Report for the Villages at Main Street Project, including approving adopting a Statement of Overriding Considerations. At this meeting, the City Counci l adopted a Resolution approving SPDR 2019-04. for the Villages at Main Residential Apartment Community project.

On December 10, 2024, the Livingston Planning Commission recommended to the City Council approval of a 16-month time extension for Conditional Use Permit No. CUP 2019-03 and Site Plan and Design. Application No. SPDR 2019-03.

Staff report, project plans and other materials for the above project will be available for review at the City of Livingston, 1416 "C" Street, after March 14, 2025.

Any person interested in the above applications is invited to submit comments in writing or orally prior to or at the Public Hearing. Please submit written comments to: Miguel Galvez, Contract City Planner, City of Livingston, by mail at 1416 "C" Street, Livingston, CA 95334 or by email at [email protected] and mabeloe @livingstoncity.com
For additional information, please call (209) 394-8041 , Ext. 112.

Dated: February 24, 2025
/s/ Miguel Galvez
Contract City Planner
IPL0220749
Mar 7 2025
Durham I The Herald-Sun
Fort Worth Star-Telegram
The Fresno Bee
1l1e Island Packet
The Kansas City Star
Lexington H erald-Leader
The Telegraph - Macon
Merced Sun-Star
Miami Herald
El Nuevo Herald
The Modesto Bee
The Sun News - Myrtle Beach
Raleigh News & Observer
Rock Hill I The Herald
The Sacramento Bee
San Luis Obispo Tribune
Tacoma I TI1e News Ttibune
Tri-City Herald
TI1e \-Vichita Eagle
TI1e O lympian
AMY L. ROBBINS

NOTARY PUBLIC

SOUTH CAROLINA
MY COMMISSION EXPIRES 11-03-32

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RESOLUTION 2025-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON TO APPROVE GPA NO. 2023-01, AMENDING THE GENERAL PLAN LAND USE DIAGRAM OF THE CITY OF

LIVINGSTON FROM PF, PUBLIC FACILITY TO HC, HIGHWAY COMMERCIAL TO

ACCOMMODATE PHASE TWO OF THE MOONGLO DEVELOPMENT PROJECT ON

PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF CAMPBELL AVENUE EAST OF HAMMATT AVENUE AT LOCATED AT 2300 CAMPBELL AVENUE
(THE PROJECT SITE WAS PREVIOUSLY IDENTIFIED AS APN NO. 023-070- 012 AND IS CURRENTLY PART OF APN 023-070-015 AND APN 023-070-016).) WHEREAS, the owner SGM Moonglo, Inc. and applicant, Goldy Singh, have applied to the City of Livingston for a General Plan Amendment and Rezoning, for property located at 2300 Campbell Avenue, Livingston, CA (Assessor Parcel Number 023-070-012, which is now part of APN 023- 070-015 and 023-070-016); and
WHEREAS, the applicant is requesting approval of a General Plan Amendment to redesignate approximately 1.64 acres from Public Facility (PF) to Highway Commercial (HC); and WHEREAS, the applicant is requesting approval of a Rezone to change the property in question from Public/Quasi Public Facilities (PF) to Highway Service Commercial (C-3); and WHEREAS, this proposed General Plan Amendment, Rezone, and the entire Moonglo development project 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 December 30, 2020, 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 December 30, 2020, through January 9, 2021; and
WHEREAS, no comments were received during the public and agency review period and therefore the Draft IS/MND has been retitled the Final IS/MND, and 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 adopted Resolution No. 2022-54, adopting the Initial Study /Mitigated Negative Declaration with a Mitigation Monitoring and Reporting Program for the Moonglo Truck Stop Complex as proposed under CUP No. 2020-02 and SPDR No. 2020-02; and
-

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WHEREAS, the Planning Commission has held a public hearing on the proposed project (GPA 2023-01) on October 8, 2024, which has been properly noticed by posting, a newspaper ad, and a mailing to adjacent properties within 300 feet of the site; and WHEREAS, at the conclusion of the October 8, 2024, public hearing, the Planning Commission recommended to the City Council approval of the requested General Plan Amendment; and WHEREAS, the City Council of the City of Livingston did conduct a public hearing on March 18, 2025, which was properly noticed by posting, a newspaper ad, and mailing to adjacent properties within at least 300 feet of the site, to consider the proposed General Plan Amendment and reviewed and considered any and all comments whether in writing or orally.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livingston adopts this Resolution amending the 1999 Livingston General Plan for the subject property as contained herein and in the associated file GPA 2023-01, from Public Facility to Highway Commercial.

I hereby certify that the foregoing Resolution No. 2025– ___ is a full, true, and correct copy a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 18th day of March 2025, by the vote recorded as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Jose A. 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: General Plan Amendment 2023-01 Project Boundary Map -

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1 1
ORDINANCE NO. ___

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON

AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF LIVINGSTON OF PROPERTY LOCATED AT 2300 CAMPBELL AVENUE FROM PUBLIC/QUASI PUBLIC FACILITIES (PF) TO HIGHWAY SERVICE COMMERCIAL (C-3)
(REZONE 2023-01)
WHEREAS, the owner SGM Moonglo, Inc. and applicant, Goldy Singh, have applied to the City of Livingston for a General Plan Amendment and Rezoning, for property located at 2300 Campbell Avenue, Livingston, CA (Site was previously identified as APN No. 023-070-012 and currently part of APN 023- 070-015 and 023-070-016); and
WHEREAS, the applicant is requesting approval of a General Plan Amendment to designate approximately 1.64 acres from Public Facility (PF) to Highway Commercial (HC); and WHEREAS, the applicant is requesting approval of a Rezone to change the property in question from Public/Quasi Public Facilities (PF) to Highway Service Commercial (C-3); and WHEREAS, the Planning Commission of the City of Livingston did conduct a public hearing on October 8, 2024, which was properly noticed by posting, a newspaper ad, and mailing to adjacent properties within at least 300 feet of the site, to consider the proposed General Plan Amendment and Rezoning and reviewed and considered any and all comments whether in writing or orally; and WHEREAS, at the conclusion of the October 8, 2024, public hearing, the Planning Commission recommended to the City Council approval of the requested General Plan Amendment and Rezoning; and WHEREAS, The City Council of the City of Livingston did conduct a public hearing on March 18, 2025, which was properly noticed by posting, a newspaper ad, and mailing to adjacent properties within at least 300 feet of the site, to consider the proposed General Plan Amendment and Rezoning and reviewed and considered any and all comments whether in writing or orally.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LIVINGSTON, CALIFORNIA, DOES ORDAIN as follows:

SECTION 1. Recitals. The foregoing recitals are true and correct and made a part of this Ordinance.

SECTION 2. Findings. The City Council hereby finds as follows:

A. CEQA Compliance. the Livingston City Council adopted Resolution No. 2022-54, adopting the Initial Study /Mitigated Negative Declaration with a Mitigation Monitoring and Reporting Program for the Moonglo Truck Stop Complex as proposed under CUP No. 2020-02 and SPDR No. 2020-02.

B. The following findings of Section 15152 of the CEQA Guidelines can be met as follows:

1. The project is consistent with the program, policy, plan, or ordinance for which the previous EIR or MND was prepared.

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1 2
The approved project included the development of the subject site with commercial uses and anticipated subsequent rezone and general plan amendment requests to allow the proposed development.

2. The project is consistent with the general plan and zoning of the applicable city or county.

The proposed project will result in an amendment to both the General Plan and the Zoning Diagrams, resulting in consistency between the project and the Highway Service Commercial land use designations.

3. The project, as revised or mitigated, will not result in any significant effects which were not examined in the previous EIR.

The project is intended to conduct the land use entitlement of the original proposal.

There were no significant effects identified through the City’s consultation process of the proposed general plan and rezone application.

C. General Plan Consistency. The amendment made to the Livingston Zoning Map pursuant to this Ordinance is consistent with the adopted 1999 General Plan, as amended, and as is documented in the associated staff report and file. This Zoning Amendment will not cause any conflict with the City’s General Plan.

D. As demonstrated in the associated staff report, the requested rezoning will allow the applicant to proceed with development of the project site with commercial uses, which is beneficial, provides business opportunities, and responds to market demand.

E. The uses proposed are not expected to be detrimental to present and planned uses.

SECTION 3. No Mandatory Duty of Care. This Ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or parties within the City or outside of the City so as to provide a basis of civil liability for damages, except as otherwise provided by law.

SECTION 4. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application. To this end, the provisions of the Ordinance are severable. This City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof.

SECTION 5. Effective Date. This Ordinance shall take effect and be in full force and effect thirty (30) days after its final passage and adoption.

Introduced: March 18, 2025
Passed and Adopted: _______________

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1 3
AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Jose A. 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: Rezoning Application 2023-01 Project Boundary Map

Page 316 ends

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1 STAFF REPORT
AGENDA ITEM: PUBLIC HEARING - Resolution to approve a 16-month time extension for Conditional Use Permit Application No. CUP 2019-03 and Site Plan and Design Review Application No. SPDR 2019-04 for the Villages at Main Residential Apartment Community on Property Generally Located on the East Side of Main Street, South of Peach Avenue (APN NO. 047-280-020 and 047-280-029).

MEETING DATE: March 18, 2025
PREPARED BY: Miguel Galvez, Contract City Planner
REVIEWED BY: Happy Bains, Finance Director/Assistant City Manager RECOMMENDATION:

1. Adopt City Council Resolution No. 2025-__ to approve a 16-month time extension for Conditional Use Permit Application No. CUP 2019-03 and Site Plan and Design Review Application No. SPDR 2019-04 for the Villages at Main Residential Apartment Community on Property Generally Located on the East Side of Main Street, South of Peach Avenue (APN NO. 047-280-020 and 047-280-029).

BACKGROUND:

On June 29, 2021, the Livingston Planning Commission approved Conditional Use Permit (CUP) No. 2019-03 allowing a multi-family residential development of over 25 units on property in the R3 zone. The Commission also adopted a Resolution recommending that the City Council approve Site Plan and Design Review Application (SPDR) No. 2019-04 for the development of a 480-unit apartment project – The Villages at Main Residential Apartment Community Project.

On October 5, 2021, the City Council considered the project and adopted Resolution No. 2021- 72, certifying an Environmental Impact Report, adopting CEQA findings, a Mitigation and Monitoring/Reporting Program, and approving a Statement of Overriding Considerations for the Villages at Main Residential Apartment Community. In addition, the Council adopted Resolution No. 2021-73, approving Site Plan and Design Review Application No. SPDR 2019-04 for the Villages at Main Residential Apartment Community Project. A Notice of Determination was filed on October 7, 2021. See Attachments Nos. 1, 2 and 3. Excerpts of the September 21, 2021, staff report to the City Council are included as Attachment 4. A copy of the full City Council Agenda Report, agenda item 11 can be viewed at: https://www.cityoflivingston.org/citycouncil/page/citycouncil-meeting-151. (pdf pages 62-201).

Pursuant to Livingston Municipal Code Section 5-1-3(B)(6), an applicant has twenty-four months in which to start the development of an approved Site Plan and Design Review. If no efforts are demonstrated by the applicant (e.g.: submitting a grading permit, building permit, improvement plans, etc.) then the SPDR application expires. SPDR No. 2019-04 would have expired on October 5, 2023, if no “substantive” efforts were demonstrated to staff.

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2 On August 7, 2023, the applicant submitted correspondence between Merced Irrigation District (MID) staff and the applicant regarding MID’s efforts to review and approve improvement plans for undergrounding the MID canal and abandonment of Well Site 20A. On September 25, 2023, Mike Morris of MID confirmed that the “improvement’ plans were reviewed by MID and completed on September 1, 2023, and an encroachment agreement was executed on August 31, 2023. To date, the applicant has not submitted a building permit or grading permit to exercise the approved land use entitlements. On September 25, 2023, planning staff approved a twelve-month extension of time to October 5, 2024, see Attachment 5.

SPDR 2019-04 was set to expire on October 5, 2024, as no additional documentation on the project’s progress was submitted, or a time extension application applied for and granted by the City.

On September 19, 2024, the applicant applied for a twelve month extension, see Attachment 6.

The Time Extension request was scheduled for consideration and action by the Planning Commission on October 8, 2024.

At the October 8, 2024, Planning Commission meeting, City staff requested the Commission open and continue the public hearing to the Planning Commission meeting of December 10, 2024. The continuance would allow the City’s legal counsel to attend the Planning Commission Meeting.

The Public Hearing was opened. Planning Commissioners had questions of the applicant and property owner, but they were not in attendance. The Planning Commission continued the Public Hearing to the Commission’s Regular meeting of December 10, 2024.

On November 25, 2024, the City received a letter from property owner Harvinder Bhangu, (with an attached Building Construction Contract dated November 11, 2024, for the Arena Canal Relocation Project) and requested a two-year time extension, see Attachment 7. This letter lists the applicant’s efforts to demonstrate progress on the project, but the letter was unsigned, and the referenced Contract was incomplete.

On a vote of 4-0, the Commission recommended the City Council approve a 16-month extension.

The Commission’s discussion is presented below under the Planning Commission Action and Recommendation.

On February 4, 2025, the City Council opened the Public Hearing. No public comments were received during the public hearing and the public hearing was continued to February 18, 2025.

The City Council Meeting of February 18, 2025, was cancelled and the matter is scheduled for consideration this evening. The Regular City Council meeting of March 4, 2025, was cancelled.

A new public hearing notice was published on March 7, 2025, and new public notice was provided to the applicant and to surrounding property owners.

ANALYSIS:

There are three key issues to consider in considering the time extension request.

1. Application Protocols
Livingston Municipal Code Section 5-1-3 (B) 6 states:
“No action within 24 months of site plan approval. If an applicant shall fail to take substantive action (i.e., apply for a grading or building permit) with the city within 24 months of site plan approval to advance in the process, the approval shall be

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3 deemed withdrawn; provided however that no approval shall be deemed withdrawn if the applicant is incapable of advancing its project due to any statutory or other legal requirement.”
(https://codelibrary.amlegal.com/codes/livingstonca/latest/livingston_ca/0-0-0- 4108#JD_5-1-3)
The Planning Commission considered the following facts:
a) The applicant was delayed by Merced Irrigation District (MID) for its review and approval of the improvement plans to underground the irrigation lateral, b) The applicant has yet to apply for either a building permit or grading permit. c) The property is presently advertised for sale.
d) The applicant did not submit any information documenting further progress has taken place since the staff approved a one-year extension on September 25, 2023.

After the October 8, 2024, Commission meeting, the applicant submitted documentation consisting of a letter and a construction contract demonstrating potential progress to commence work. This information was provided to the Commission at its December 10, 2024, meeting. No work on site has occurred on the site to date.

2. Commitment of City Water Service
The past approval of the CUP and SPDR applications served to commit the provision of City water and sewer service to the project site. However, the City is currently experiencing a decline in the provision of potable water service to existing services during the summer month. The City’s Public Works Department and the City Engineer are addressing this issue. Until a long-term solution is realized, the City is carefully evaluating development projects to ensure that it can provide water service to both existing and new water services during the summer months.

City Denial of the requested time extension would constitute a withdrawal of the expired land use application, and the applicant would be required to reapply for both the Use Permit and Site Plan and Design Review Applications. A reassessment of the water service could occur at that time.

3. Housing Element
The subject project would result in the development of housing units that will help the City meet its Regional Housing Needs Allocation (RHNA). A denial of the time extension does not prevent the applicant from reapplying for another land use entitlement once they are ready to proceed with development of the site.

The applicant is now interested in developing the 480 apartment units in phases and is seeking additional financing.

PLANNING COMMISSION ACTION AND RECOMMENDATION:

On December 10, 2024, the Planning Commission re-opened the public hearing to consider the time extension request. The applicant and his agent were present to speak on this matter. No other members of the public spoke for support or opposition.

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4 The Commission asked the applicant’s agent to explain the reasons for the delays in commencing construction. The applicant replied that since the 12-month extension was granted in 2023, the project has been delayed due to:
1) Securing project financing, as onsite costs increased from $900,000 to $2.4 million dollars.
2) Contractor selection process.
3) Their misunderstanding in the order of the permitting processes.

The Commission asked if the applicant was ready to proceed with the project if a time extension was granted. The applicant’s agent said yes, as they now have a construction contract to underground the irrigation canal. They would like to order materials as soon as a time extension is granted.

The Commission asked if the property site was still up for sale. The applicant’s agent replied that they are marketing the project site for joint-venture for funding assistance. The Commission further asked if the applicant was able to work with Self Help Enterprises as previously mentioned.

The applicant replied that they have not yet partnered with anyone and presently plan to develop the project in phases.

The Commission asked staff if the time extension request were to be denied, would it free up the water dedicated to this project for other projects. The City Engineer, Noe Martinez, replied that the City is evaluating the current water situation, and the City’s current water supply assessment would be outdated in January 2025 and would need to be redone. However, the current evaluation, which included this project, shows zero capacity for new projects. Mr. Martinez responded that staff would have to review the updated water supply conditions and consider if this project is accounted for or not.

The Commission asked if the applicant experienced any delays due to the City’s application process. Staff replied that no City delays have occurred since no permits have been applied for.

The Commission asked if anything prevented the applicant from applying for a grading or building permit since MID’s approval of the plans to underground the canal. The applicant responded that their delay is with their understanding of the “order of operation” and coordination to underground the canal prior to commencing the grading, building and encroachment permits.

The Commission asked how long it would take the developer to start construction of the project with delays to undergrounding canal during the off-season. At least twelve months was the response. The Commission discussed adding additional months to the twelve-month extension to accommodate the irrigation off-season during the winter months.

In summary, the Commission surmised that with the City trying to assess its water capacity, the State moving forward with the ACE train station, the need for more homes and apartments to meet the City’s Regional Housing Needs Allocation (RHNA) goals, the project will benefit the Livingston community.

On a vote of 4-0, the Commission recommended that the City Council approve a 16-month time extension. Four extra months were added to the one year time extension to provide additional time to underground the canal during the off-season.

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5 GENERAL PLAN
The property has a General Plan land use designation of HD, High Density Residential. The project will provide highly needed rental housing, fulfilling various Policies in the City’s General Plan and Housing Element regarding providing more housing options. Of the 480 apartment units to be constructed, 96 units will contain three-bedrooms meeting the Housing Element’s objective of providing larger rental units.

ZONING
The subject site is currently zoned as R-3, High Density Residential. Multi-family development over 25 units are permitted with approval of a Conditional Use Permit and Site Plan and Design Review Applications.

The applicant obtained approval of the proper land use entitlements in 2021. The Conditional Use Permit runs with the land, allowing multi-family development consisting of projects over 25 units in size. The approved Site Plan and Design Review Application has a life of 24 months after Council approval. The approved land use entitlement can be granted a time extension when substantive efforts have been demonstrated. Staff issued one 12-month time extension to October 5, 2024.

The applicant applied for a second time extension, and this was presented to the Planning Commission for consideration and recommendation to the City council, in which the Commission recommended a 16-month time extension to February 5, 2026. If the time extension is not granted, then Site Plan and Design Review Application No. SPDR 2019-04 will expire, and the application would have to submit new CUP and SPDR applications.

ENVIRONMENTAL REVIEW:

The Environmental Review process was completed on October 5, 2021, with adoption of Council Resolution No. 2021-72, certifying an Environmental Impact Report, adopting CEQA findings, a Mitigation and Monitoring/Reporting Program also approving a Statement of Overriding Considerations for the Villages at Main Residential Community.

FISCAL IMPACT:

The Project would increase property taxes and assessments to the City. Staff costs associated with processing the time extension application is subject to reimbursement from the applicant.

ATTACHMENTS:

1. Livingston City Council adopted Resolutions No. 2021-72, Certifying the Environmental Impact Report, Adopting CEQA Findings a Mitigated Monitoring/Reporting Program and approving a Statement of Overriding Considerations for the Villages at Main Residential Apartment Community, Site Plan and Design Review 2019-04.

2. Livingston City Council Resolution No. 2021-73, approving Conditional Use Permit 2019- 03 and Site Plan and Design Review Application 2019-04 for the Villages at Main Residential Apartment Community Project.

3. Notice of Determination filed October 7, 2021.

4. Excerpts of September 21, 2021, City Council staff report for SPDR 2019-04

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6 5. City letter dated September 25, 2023, approving a 12-month time extension for the project.

6. Application for a Time Extension stamped dated September 19, 2024.

7. Applicant documentation requesting a two year time extension.

8. Affidavit of Public Hearing Notice.

9. Adopt City Council Resolution No. 2025-__ to approve a 16-month time extension for Conditional Use Permit Application No. CUP 2019-03 and Site Plan and Design Review Application No. SPDR 2019-04 for the Villages at Main Residential Apartment Community Project.

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Attachment 1
RESOLUTION 2021•72

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON CERTIFYING THE

ENVIRONMENTAL IMPACT REPORT, ADOPTING CEQA FINDINGS AND A

MITIGATION MONITORING/REPORTING PROGRAM, AND APPROVING A STATEMENT

OF OVERRIDING CONSIDERATIONS FOR THE VILLAGES AT MAIN RESIDENTIAL APARTMENT COMMUNITY, SITE PLAN & DESIGN REVIEW 2019-04
WHEREAS, pursuant to Livingston Municipal Code ("LMC'.) Sections 5-6-7 and 5-6-9, Sake Sanghera.

Harvinder & Salinder Bhangu / Sukhinder & Kulvinder Sanghera. applicant and owners, have applied for a Site Plan and Design Review approval to develop an apartment complex for 480 apartment units within 20 apartment buildings, a two-story community building. and associated improvements known as The Villages at Main Residential Apartment Community (hereafter. "the Project'') on APNs 047-280-020 and APN 047-280-029 in the City of Livingston, immediately east of Main Street, south of its intersection with Peach Avenue; and
WHEREAS, this proposed development is deemed a "Project" within the meaning of the California Environmental Quality Act (CEQA); and
WHEREAS, the City of Livingston has caused to be prepared an Environmental Impact Report (EIR) addressing the potential environmental effects of the project in accordance with the requirements of CEQA; and
WHEREAS, a Notice of Availability of the Draft EIR was published on March I 0, 2021. in the Merced Sun-Star and distributed to agencies and interested parties; and WHEREAS, the Draft EIR was circulated for public and agency review and comment in accordance with the requirements of CEQA from March I 0, 2021. through April 23, 2021; and WHEREAS, in response to comments received on the EIR. a Final EIR has been prepared incorporating the Draft EIR by reference and containing the agency and public comments and the City's responses to those comments. which is attached hereto as Exhibit "A'. and hereby incorporated by reference: and WHEREAS, the City has prepared CEQA findings and a Mitigation Monitoring/Reporting Program for the project. attached hereto as Exhibit '·e•· and hereby incorporated by reference.

WHEREAS, the City Council has weighed the social and economic benefits of the proposed project and information submitted by the applicant (see attached) as to the infeasibility of implementing a recommended mitigation measure for Swainson's hawk foraging habitat impacts of the project. and has documented this consideration in the proposed Statement of Overriding Considerations for the project. attached hereto as Exhibit "C" and hereby incorporated by reference; and WHEREAS, the City Council has reviewed and independently considered the analysis and conclusions of the EIR and all associated materials: and
WHEREAS, the City Council has reviewed and considered any and all comments on the EIR made at the public hearing: and
WHEREAS. the City distributed a copy of its proposed responses to comments to agencies submitting comments on June 23, 2021: and

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WHEREAS, the City Council has held a public hearing on the proposed project on September 21. 202 l. which has been properly noticed by posting. a newspaper ad. and a mailing to adjacent properties within 300 feet of the site; and
NOW, THEREFORE, BE IT RESOLVED that the Livingston City Council hereby certifies the Final EIR for the project as contained within Exhibit "A" attached hereto; and BE IT FURTHER RESOLVED that the Livingston City Council hereby adopts CEQA Findings and a Mitigation Monitoring/Reporting Program for the project a~ contained in Exhibit "B" attached hereto; and BE IT FURTHER RESOLVED that the Livingston City Council hereby adopts the Statement of Overriding Considerations pertaining to the one significant and unavoidable environmental effect of the project, as contained in Exhibit "C" attached hereto.

Passed and adopted this 5,:, day of October, 2021, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Mayor Aguilar and Council Members Kang and Garcia
Council Member Baptista-Soto
None
Council Member Moran
I hereby certif> that the foregoing resolution was regularly introduced. passed. and adopted at a regular meeting of the City Council of the City of Li1,ingston this 5' 11 day of October, 2021.
2 eticia Vasquez- .urita, City Clerk
of the City of Livingston

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EXHIBIT A
FINAL

ENVIRONMENTAL IMPACT REPORT
FOR

THE VILLAGES AT MAIN

RESIDENTIAL APARTMENT COMMUNITY
Livingston, CA
State Clearinghouse Number: 2021010256
June 14, 2021
Prepared for:

City of Livingston
1416 C Street
Livingston, CA 95334

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Attachment 2
RESOLUTION 2021-73

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING SITE PLAN AND DESIGN REVIEW 2019-04 FOR

THE VILLAGES AT MAIN APARTMENT COMMUNITY
WHEREAS, pursuant to Livingston Municipal Code ("LMC") Section 5-6-7, Sake Sanghera, Harvinder & Salinder Bhangu / Sukhinder & Kulvinder Sanghera applicants and owners, have applied for a Site Plan and Design Review approval to develop The Villages at Main Residential Apartment Community ("the Project'") for 480 apartment units, 20 three-story apartment buildings, a two-story community building, and associated improvements known as The Villages at Main Project on APNs 047-280-020 and APN 04 7-280-029 in the City of Livingston, immediately east of Main Street south of its intersection with Peach A venue; and
WHEREAS, the site is zoned R-3 (High Density Residential), and has a General Plan designation of High Density Residential according to the official Zoning Map of the City of Livingston and the 1999 Livingston General Plan; and
WHEREAS, LMC Section 5-6-7 requires the approval of a Site Plan and Design Review for new structures within the R-3 district to assure compatibility, hannony in appearance in neighborhoods, reduction of negative impacts of nonaesthetic development, and orderly development of the community:
and
WHEREAS. a public hearing for the proposed project has been properly noticed by posting, a newspaper ad and a mailing to adjacent properties within 300 feet of the site: and WHEREAS, the City Council has considered the environmental effects of the project and has Certified the Environmental Impact Report, adopted CEQA Findings and a Mitigation Monitoring I Reporting Program, and a Statement of Overriding Considerations: and WHEREAS, Sta ff has reviewed the project with reference to the 1999 Genera I Plan. the Zoning Ordinance (specifically Sections 5-6-7 "C'. thni "E") and the adopted Livingston Design Guidelines; and finds that based on the evidence documented within the associated staff report and proceedings of the public hearing, the proposed use, its site plan and design. is consistent with the General Plan, complies with the Zoning Ordinance in that the site plan and design meets the zoning standard and requirements (including those specifically referenced above). and meets the intent and guidance of the Livingston Design Guidelines: and
WHEREAS. The Planning Commission has reviewed this Project at a Public Hearing and has unanimously recommended that the Cit} Council approve the Project; and WHEREAS, the City Council has reviewed and considered any and all comments on the Site Plan and Design Review made at the public hearing.

NOW, THEREFORE, BE IT RESOLVED that the Livingston City Council hereby adopts Resolution 202 l • 73, approving the Site Plan and Design Review of the subject new development.

BE IT FURTHER RESOLVED, that the Conditions of Approval within City Council Resolution 2021 - 73, Exhibit A. attached arc hereby approved.

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Passed and adopted this 5ih day of October, 2021. by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Mayor Aguilar and Council Members Kang and Garcia
Council Member Baptista-Soto
None
Council Member Moran
..

I hereby certify that the foregoing resolution was regularly introduced, passed. and adopted at a regular meeting of the City Council of the City of Livingston this 51 h day of October, 2021.
of the City of Livingston
2

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2. Public improvements shall confonn to the latest edition of the City of Livingston Improvement Standards and all applicable federal. state, and local laws and regulations; and

3. The Developer shall submit improvement plans showing all water, sewer, stonn drain, grading, and utility locations and their connection to the City system; provide plans for each subphase of the project; and

4. The Developer shall provide a soils report for the project site prepared by a California registered geotechnical engineer: and

5. The Developer shall obtain grading and encroachment permits for the project paying the pennit fees, plan check and inspection fees. and furnish improvement securities pursuant to the City"s impro\cment standards, municipal code, and ordinances: and

6. The Developer shall pay all applicable development impact fees for Municipal Facilities, Police.

Fire Protection, Streets and Bridges. Water. Domestic Wastewater, Stonn Drainage, and Parks; and
7, The De,•eloper shall annex this Project into the Community Facilities District CFO# 2017-1 prior to the issuance of the Certificate of Occupancy. including the payment of administrati,;e costs associated with the annexation: and

8. The Developer shall relocate the Arena Canal current I> on the site to an underground pipeline meeting MID standards in a deeded exclusive easement in a possible new alignment to better accommodate the proposed Project as determined by MID; and

9. The Developer shall replace and reroute the Well Site 20A pipeline per the standards and requirements of MID: and
I 0. The Developer shall ensure that an} water users that receive their irrigation water through the subject property retain their ability to do so: and

11. The Developer shall not allow any structures or trees within the MID pipeline easements: and

12. The construction of on-site storm retention or detention basins are subject to approval by MID; and

13. The Developer shall confonn to any other standards and requirements of MID; and 3

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14. The Developer shall insure that all connections to water and sewer systems shall be subject to the confirmation of availability capacity for each utility system, and per the requirements of the Cit}:
and

15. The Developer shall comply with requirements for street lighting throughout the length of Project limits along Main Street; and

16. The Developer shall include residential sprinklers in the development consistent with the requirements of the Merced County Fire Department and shall comply with other Fire Department requirements and standards~ and

17. The Developer shall indemnify, defend and hold hannless 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; and

18. The development of the site shall be consistent with approved plans, elevations, and colors.

Minor variations from approved plans. elevations. and colors may be allowed at the review and approval of City staff; and

19. All exterior lighting fixtures shall be directed to areas on the subject property itself and shall avoid shinning toward adjacent residential properties: and

20. The Developer and/or operator shall keep the site free from trash and debris and shall maintain the premises in a clean and orderly manner during construction~ and

21. The Developer shall construct all frontage improvements and dedications per the requirements of the Cit} Engineer; and

22. The Developer shall repair any damage to City facilities such as curb, gutter. sidewalk. streets and alleys caused by construction; and

23. The developer shall submit landscape plans for each phase of the Project prior to the issuance of an occupancy/ or final pennit for City staff review and approval specifying plant selection, size and irrigation prior to installation. Such plans shall be consistent with the approved plans and the City's landscape guidelines, and shall provide a screen 36" high adjacent to Main Street. Once installed. the developer shall request City inspection and approval of the landscaping and pay landscape inspection fees: and

24. The developer shall submit the plans for the trash enclosures for City staff review and approval after access to the enclosure has been approved by Gilton Solid Waste Management: and

25. The developer shall work with the City to seek funding through grants and other various sources to address additional firefighting resources in terms of personnel and equipment.

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Attachment 3
Notice of Determination Appendix D
To:
(!I Office of Planning and Research
U.S. Mail: Street Address·
P .0. Box 3044 1400 Tenth St, Rm 113
Sacramento, CA 95812·3044 Sacramento, CA 95814
From:

Public Agency: City of Livingston
Address: 1416 C Street
Livingston, CA 95334
Contact: Vanessa Portillo
Phone: 209-394-8041 x 113
.,,~ ..... [!} County Clerk
County of: Merced Address: 2 .... 2 ... 2=--2"-'M"'"S ... t .... re-e ... l _______ _ Lead ~ency (if different from a~'le? ~-:: .. =... :,~~ Conrad ; = 3.

Phone: % ~<,
Merced, CA 95340
.,..'.\ • "r,")
SUBJECT: Flllng of Notice of Determination In comp/lance with Section 21108 or 21152 of the,fublfQ.

Resources Code. ~' ,
Stale Clearfnghouse Number (ir submitted to Stale Clearinghouse): 2021010256 ,I,. •··--~ Project Title: THE VILLAGES AT MAIN RESIDENTIAL APARTMENT COMMUNITY Project Applicant: Harvinder and 5alinder Bhangu and Sukhlnder and Kulvinder Sanghera Project Location (include county): Peach Avenue and Main Street. Livingston, Merced County Project Description:

The project proposes the construction of a 480-unlt residential apartment complex on a 17.3-acre site.

The proposed apartment community would consist of 20 three-story buildings. each with 24 units ranging rrom one to three bedrooms. The complex would also include a two.story community building with approximately 6,343 square feet of floor area. along with a pafio, outdoor pool, and spa. The project reauires City approval of a Conditional Use Permit. a
This is to advise that the City of Livln ston Ci Council ( • Lead Agency or O Responsible Agency}
has approved the above
described prOjecl on October 5, 2021 and has made the following determinations regarding the above (date)
described projecl.

1. The project ({II will O wlll notJ have a signiffcanl effect on lhe environment.

2. Ill An Environmental Impact Report was prepared for this project pursuant to the provisions of CEQA. 0 A Negalive Oeclaralion was prepared for this project pursuant to the provis:ons of CEQA.

3. Mitigation measures [Iii were O were not} made a condition of the approval of the project.

4. A mitigat on reporting or monitoring plan (iii was O was not) adopted for this project

5. A statement of Overnding Considerations [Iii was O was not} adopted for this project.

6. Findings tiJ were O were notJ made pursuant to the provisions of CEOA.

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

City of Livingston, 1416 C Street, Livingston, CA 95334 Signature (Public Agency): ~~t.w n /). T-'~ Title: Interim City Manager Date: October 6, 2021 Oate Received for filing at OPA: _______ _ Authority cited: Sections 21083, Public Resources Code.

Reference Section 21000 21174, Public Resources Code. Revised 201 1

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Attachment 4

STAFF REPORT
AGENDA ITEM: Public Hearin1- Resolution to Approve the Villages at Maio Apartment Co01muoity; Site Plan and Design Review 2019-04; and associated Environmental Documents for the construction of a 480 unit multi-family housing development southeast of the intersection of Peach Ave and Main St, adjacent to and south of the Livinpton High School playini fields; APN#: 047-280-020 and -029.

MEETING DATE: September 21, 2021
PREPARED BY: Randy Hatch, Contract City Planner
REVIEWED BY: Vanessa Portillo, Interim City Manager
RECOMMENDATION:

Adopt Resolution 202 I-_, certifying the Final EIR for the Villages at Main Project; approving Mitigation Monitoring/ Reporting Program; and adopting a Statement of Overriding Considerations.

Adopt Resolution 2021-_. approving Site Plan/ Design Review 2019-04 for the Villages at Main Project southeast of the intersection of Peach Ave and Main St, adjacent to and south of the Livingston High School playing fields; APN#: 047-280-020 and-029.

BACKGROUND AND DISCUSSION:

Project Summary: The owners/ applicant are proposing to develop the 17.3 acre property into a 480 unit residential apartment complex. This complex would consist of20 three-story buildings, each with 24 units (8 units per floor) ranging from one to three bedrooms. The complex would also include a two-story community building with approximately 6,343 square feet of floor area. The main floor of the community building would have manager and leasing offices and a grand room with a kitchen for events along with a parcel center for delivered packages.janitor and utility rooms, and bathrooms. Rooms on the upper floor of the community building would include a lounge, a game room, an exercise room, a yoga studio, bathrooms and a storage room. The second level would also have two terraces. Behind the community room would be a patio, outdoor pool, and a spa. A total of 587 parking spaces, 453 which are covered, would be available for residents and visitors. Access to the Project would be provided from a 45-foot wide divided entrance from Main Street with a security gate (approximately 195 feet in from Main Street). Two 25-foot wide emergency access driveways (gated with a knox box) are provided both north and south of the main entrance. The complex will be built in phases as governed by market demand and project absorption. The Planning Commission is the recommending body for the Site Plan and Design Review with the City Council being the approving body. Therefore, this proposal must go before both bodies.

As,ss and Utility lmJ!.ron mepta: Main Street north of the Project entrance will be widened from 60 feet of improvements to 85 feet with the dedication of 25 feet of the property for road improvements, an 8 foot wide bicycle lane, 5 foot wide sidewalk and 10 feet of landscaping (the remaining 2 feet of right-ofway will be added to the existing travel Jane) .. South of the main entrance, Main Street will be widened from the existing 85 foot right-of-way to 110 feet via a 25-foot dedication from the Project. The new street section wilJ consist of four travel lanes (two in each direction), a 16-foot wide median/ tum lane, 8-

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foot wide bicycle lanes on both sides and sidewalk and landscaping also on both sides. All utilities will be provided from Main Street to the Project. Two landscape areas will be provided for the Project generally behind (east) of the community building in the center of the Project. The landscape area will also function as stonn water retention areas.

Building and Unit Configuration: In addition to the community building, three types of buildings will be constructed on the property. All residential buildings will be three stories tall. There will be 7 Building Type A scattered on the site. Building type A contain all 84 one-bedroom units and also 84 two-bedroom units. The one-bedroom unit is 718 square feet in size with a 148 square foot patio I balcony. Building type B contains only two-bedroom units ( 120) in its 5 buildings also scattered on the site. Each two bedroom unit contains 977 square feet with a 124 square foot patio/ balcony. Building type C contains 96 two•bedroom units and all of the Project's 96 three-bedroom units. There are a total of 8 Building type C on the property. Each three-bedroom unit isl 307 square feet in size with a 13 7 square foot patio / balcony. In total there are 84 one-bedroom units, 300 two-bedroom units, and 96 three-bedroom units.

All units, in addition to their varying bedrooms contain a kitchen (all with a kitchen island), dining area, living room, laundry area, and each patio / balcony has a utility closet and a storage closet. The onebedroom units have a single bathroom. The two- and three-bedroom units have two bad1rooms.

Elevations, Materials. and Colors: All three building types and the community building have similar architecture and use the same color palette. The buildings have varying planes and projections to break up the building mass and provide visual variation. The buildings are finished in stucco with the upper floors being white "pure white" and the first floor in a contrasting "repose gray" or •~ade dragon" color.

Projecting columns that help support the hip roof are in a green color "jade dragon" with trim in an earth tone color "manor house". The contrasting "manor house" color is also used on the first floor of the elevations to break-up the "pure white" color. Windows are trimmed in the "manor house" color or the "pure white" color to contrast with the field color of the building's wall. The community building also uses these colors to provide contrast on the window trim and on the building's field colors. The Community building has a fireplace chimney in a "repose gray" color.

Internal circulation and parking: The proposed parking plan for The Villages shows a total of 587 parking spaces. A total of 453 (77%) of the spaces are covered. The minimum dimension of a regular parlcing space is 8.5 feet wide by 18 feet deep. Thirty-six of the parking spaces provided are handicapped accessible. These handicapped spaces are located throughout the Project. Access throughout the Project is provided by internal roadways that are lined with the 90 degree parking. These internal roadways are 25 feet wide allowing for two-way traffic and loop around the project site.

Landscaping: A preliminary Landscape plan has been submitted for this Project. In keeping with the City's drought tolerant landscape guidelines, turf areas are minimized. The preliminary landscape plan shows that turf area will 21.6% of all landscaped areas. A number of tree and shrub varieties are proposed throughout the Project site. The proposed trees and shrubs are low water use and adapted to our area.

ENVIRONMENTAL REVIEW:

The construction of the apartment complex is a "project" subject to review under the California Environmental Quality Act (CEQA). Under the supervision of City staff, the applicant retained the services of an environmental consultant (BaseCamp Environmental) to prepare an environmental review document that meets CEQA requirements as they are administered by the City. BaseCamp prepared a Draft Environmental Impact Report (DEIR) which analyzed the Project in accordance with CEQA standards and significance criteria and detennined whether the Project would result in "signmcant environmental effects" as defined. When significant effects could result from a Project, the EIR must identify and describe feasible mitigation measures that would avoid the significant effects or reduce them to a level that would be less than significant. All of the Project's significant environmental effects, and the 2

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mitigation measures recommended to address them, are described in the DEIR for the Project.

The BaseCamp EIR was submitted to the City for administrative review and edited as directed by City staff. The resulting Draft BIR (DEIR), which represents the independent analysis and judgment of the City, was then circulated to various City departments and outside agencies and made available for public review and comment for45 days, beginning March 10, 2021 and ending April 23, 2021.

The City received three written comments on the DEIR. In response to this input, the City prepared the Final EIR, which incorporates the DEIR by reference, displays a summary of the DEIR, and all the comments received on the DEIR, and provides the City's responses to those comments. None of the comments received required any revisions to the DEIR. The comments and information provided in the comments did not substantively change the analysis or conclusions of the DEIR.

Accordingly, staff has prepared a Resolution which certifies the Final EIR for the Project, incorporates all the proposed Mitigation Measures into the Project except one, and adopts the CEQA Findings made on the potentially significant environmental effects of the Project and mitigation of these effects. In accordance with CEQA, the City has prepared a Mitigation Monitoring/ Reporting Plan which summarizes the potentially significant environmental effects of the project and the associated mitigation measures. The Mitigation Monitoring/ Reporting Plan identifies who is responsible for implementing, and for monitoring implementation of, each of the mitigation measures. The Resolution provides for adoption of the Mitigation Monitoring/ Reporting Plan along with Final EIR certification.

The DEIR found that most of the potential environmental effects of the Project did not occur or would have effects that were less than significant. The DEIR also identified several potentially significant environmental effects and mitigation measures were identified that would reduce those effects to a level that would be less than significant. CEQA requires that the City make specific findings for each of the potentiaUy significant effects identified in the BIR. A CEQA Findings document for the Project addresses its potentially significant effects and the mitigation measures for these effects. The CEQA Findings document is recommended for adoption.

The proposed mitigation for one of the Project's significant effects is not considered feasible by the applicant. As such, the Project would involve one potentially significant and unavoidable environmental effect: the loss of the existing Swainson 's hawk foraging habitat on the Project site. The Swainson's hawk is listed as threatened under the California Endangered Species Act. A Swainson,s hawk nest that was identified across Main Street from the site was occupied this year. The EIR identified a mitigation measure that would require payment of per-acre habitat compensation fees for habitat loss at a ratio of I: 1 through purchase of mitigation credits at established Swainson's hawk mitigation banks in the general project area. This mitigation measure would reduce the effect of the Project to a less than significant level. The Project applicant maintains that the required mitigation is too costly and contrary to the purposes of the Project, and, therefore, would be infeasible to implement. Documentation to this effect has been submitted to the City for consideration in conjunction with the proposed Statement of Overriding Considerations.

City Council approval of the Site Plan / Design Review, and the associated environmental Resolutions of approval would require the adoption of a Statement of Overriding Considerations for the one significant and unavoidable effect of the Project on Swainson's hawk foraging habitat. In accordance with the CEQA Guidelines, the attached Statement of Overriding Considerations provides reasons supporting Project approval, along with required findings regarding Project alternatives, in spite of the Project's effect on Swainson's hawk foraging habitat. Among other things described in the Statement of Overriding Considerations, consistency with Livingston General Plan and Housing Element policies on City development and the need for greater availability of more affordable rental housing for City residents outweigh the one significant environmental effect of the Project. 3

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REQUIRED CITY APPROVALS:

The City Code requires a project that has more d1an 25 units or a density of more than 24 units per gross acre to obtain a Conditional Use Permit. Since the project proposes more than 25 units at a proposed density of 27.7 units per acre, it must obtain a Conditional Use Permit, which must receive approval from the Livingston Planning Commission.

The project development would also require Site Plan/Design Review approval by the City Council after consideration of the Planning Commission's recommendation. Should the project be approved by the City, building and grading permits from the City would be required, along with an encroachment permit for work in City streets. The landscaping design would be required to conform to the City's Landscape Standards and recommended drought tolerant plants.

ANALYSIS:

The property is vacant and used for field crops and is properly General Planned and Zoned for such a use.

The Project description noted above documents that the Project will provide badly needed rental housing fulfilling various Policies in the City's General Plan and Housing Element with regard to providing more housing options. Of the 480 apartment units to be constructed, 96 will be three-bedroom units meeting the Housing Element's objective of providing larger rental units. A number of improvements will be provided for greater and safer access for motor vehicles, bicycles, and pedestrians. The Project will install landscaping both within the Project and along Main Street which enhances the area's attractiveness. The Project more than meets the City's standards in terms of parking (587 spaces provided vs 528 required).

Further, the Project meets zoning standards with respect to setbacks, height and lot coverage. The City has a Design Guide applicable to all new development. Staff has compared the Project's building design and colors with the Design Guide and finds that the proposal complies with the Design Guide. The overall design of the Project and its provision of common features and amenities are greater than the typical multi-family complex in Livingston. Staff is of the opinion that this Project will be an asset to the City and address State housing goals and policies making it beneficial to the community. Exterior lighting, however, is not addressed leading staff to recommend a condition of approval to require lighting to be shielded and focused on the building and parking areas.

The Project will increase traffic in dte area but there will be mitigation conditions that will help address this traffic and contribute to needed street improvements in the area on a proportionate basis. The new 480 unit apartment Project will impact the both Fire and Police services. Accordingly, a Condition of Approve is for the Project is to annex into the City's 2018 Consolidated Community Facility District that levies annual fees that are used to address Fire and Police needs as welt as traffic, park, and other City needs. For fiscal year 2018- 19 the annual fee for new attached residential development within the District was $651.00 per unit. The City continues to work to address needs associated with the provision of fire protection services.

PLANNING COMMISSION ACTIONS AND RECOMMENDATION:

The Planning Commission held a Public Hearing on this request for a Conditional Use Permit, Site Plan and Design Review, and associated environmental documents on June 29, 2021. The Owner /Applicant's team appeared at the Hearing and presented their request and answered questions from the Commission.

There was discussion from both the public and the Planning Commissioners on the impact on fire protection and traffic. Staff noted that this Project would provide mitigation for traffic impacts. Further, this Project would be annexed into the consolidated Community Facilities District and pay on-going fees 4

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to support and improve fire protection services. Both staff and the Commissioners noted that it was a balancing act to evaluate the benefits of the Project with the impacts of the Project. After discussion the Commission voted unanimously to recommend approval to the City Council of the Environmental Documents, to approve the Conditional Use Permit, and to recommend the City Council approve the Site Plan / Design Review for the Project.

FISCAL IMPACT:

The Project would increase property taxes and assessments to the City and help fund City services via the CFD annual fees. Just as importantly, the Project would address the City's housing needs and demonstrate progress under the policies of the Livingston Housing Element.

RECOMMENDATION:

Staff is of the opinion that the proposed Project would be, on balance, an asset to the area and beneficial in the City. Developing this vacant land helps to provide needed housing for the community and promotes additional development in the City. The property taxes and annual assessments would provide traffic improvements and help to support improved fire protection services for the City.

ATTACHMENTS:

1. Resolution 202 l ~ Certifying the Environmental Impact Report Exhibit "A", Final Impact Report
Exhibit "B", CEQA Findings and Mitigation Monitoring/ Reporting Program Exhibit "C", Statement of Overriding Considerations with attached 6-23-21 letter from GDR

2. Resolution 2021-_, Approval of the Site Plan/ Design Review 2019-04 (with Exhibit "A" Conditions of Approval)

3. Project Location and Zoning Map

4. Proposed Parking Plan

5. Conceptual Site Plan & Utility Plan

6. Apartment Floor Plans and Elevations

7. Community Center Floor Plans and Elevations

7. Preliminary Landscape Plans
s

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The Villages@ Main
A.P.N. 047-280-029 & 020
AppllC&nt: Sake Sanghera
Address: 6473 E. Hatch Road
Clty/Stl!te/Zlp: 1-llghson, CA 95326
Site Address: Main Street
Clty/State/Zlp: Livingston, CA95334
Existing GP; HD {t-igh Density Residential)
Existing 1.onlng: R-3 (Hgh Density Resklenlia

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THE VILLAGES AT MAIN

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City of Livingston
1416 C Street
Livingston, CA 95334
Phone: (209) 394-8041 Fax: (209) 394.4190
www.liv1llA,ston9S ·.com
September 25, 2023
Mr. Sake Sanghera
6473 E. Hatch Road
Hughson, CA 95326
Attachment 5
Mlguel A. Galvez
contract City P1anner
(209) 394-8041 Ext. 123
[email protected]
SUBJECT: Site Plan and Design Review Application No. SPDR 2019-04- The VIiiages at Main Street Apartment Community- Extension of Land Use Entitlement
Dear Mr. Sanghera,
This letter is to document the application status of SPOR 2019-04 and to memorlallze your efforts to moving this project along.

As you may be aware, the Livingston City Councll approved SPDR No. 2019-04 on October 5, 2021, authorizing the development of the VIiiages at Main Street Apartment Community, a 480-unit multifamlly project on property on the east side Main Street, south of Peach Avenue (APNs 047-280-020 and 047-280-029).

In accordance with Livingston Munlclpal Code Section S-1-3(8) 6-Applicatlon, which states as follows:
"'6. No CJCtlon within 24 months of site plan approval. If an applicant shall foil to take substantive action (i.e., apply for a grading or building permit) with the dty within 24 months of site plan approval to advance Jn the process, the approval shall be deemed withdrawn; provided however that no approval shall be deemed withdrawn if the applicant is Incapable of advancing its project due to any statutory or other legal requirement. (Ord. 533, passed 8-16·2005)"'
http_s://codelibrary.amle -al.com/ codes 1ivin ston~a/ lqtest/llvinaston ca/0-0-0-4J08 SPDR 2019-04 was set to expire on October 5, 2023, unless the progress of the project was documented or a time extension Is applied for and granted by the Uvingston Planning Commission.

You had previously commented to me that your engineer had been trying to obtain Merced Irrigation District (MID) approval of the Improvement plans regarding the undergrounding of the MID canal that traverses the project site. On August 7, 2023, you dropped off e-mail correspondence between yourself

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letter to Sake Sanghera
SPDR 2019-04 - extension of time
September 25, 2023
and Merced Irrigation District staff regarding MID's action to approve Improvement plans for the undergroundlng of the canal and abandonment of Well Site 20A along the south line of the project.

More recently, Mike Morris of Merced Irrigation District, by his email dated September 25, 2023, has confirmed that the #Improvement' plans were completed on September 1, 2023, and an encroachment agreement was executed on August 31, 2023.

This document Is sufficient to demonstrate that you are continuing to move the project forward and development of SPDR 2019-04 remains active. Conseqyently, the expiration of SPDR Z019-f4 ls extended throuat, October s, 2024.

I wish you success In bringing this 480•unlt multi-family project to fruition. Please let me know If you have any questions. I can be reached at [email protected] or by phone at (209) 394-8041 Ext. 123.

Miguel lvez,
Con a Planner
Attachment:

1. Email correspondence dated September 25, 2023 from Mike Morris L.S, MID

2. Livingston City Council Resolution No. 2021-72, certifying the EIR

3. Livingston City Council Resolution No. 2021-73, approving SPDR 2019-04

Page 349 ends

Miguel Galvez
From:

Sent
To:

Subject:

Good Afternoon Miguel,
Michael Morris <[email protected]>
Monday, September 25, 2023 3:26 PM
Miguel Galvez
The Villages Apartments APN 047-280-029
Attachment 1
••
I have been working with the owner and their consultant (GDR Engineering} regarding the pipelining of the Arena Canal through that parcel. The plans were completed on 9-1-23 and an encroachment agreement was executed on 8-31-23.

Thanks,
Mike Morris L.S.

Survey Project Manager
Merced Irrigation District
744 W 201h Street
Merced, CA 9S344
Phone (209) 354-2882
J

Page 350 ends

Attachment 2
RESOLtJnON 2021-72
RESOLUTION OF THE CIT\' COUNCIL OF THE CITY OF LIVINGSTON CERTIFYING THE

ENVIRONMENTAL IMPACT REPORT, ADOPTING CEQA FINDINGS AND A

MITIGATION MONITORING/REPORTING PROGRAM, AND APPROVING A STATEMENT OJi' OVERRIDING CONSmIRATIONS FOR THE VILLAGES AT MAIN RESIDENTIAL APARTMENT COMMUNITY, SITE PLAN & DESIGN REVIEW 201M,
WHEREAS, pursuant to Livingston Municipal Code (•'LMC') Sections S-6-7 and S-6..«J, Sake Sanghera.

Harvinder & Salinder Bhansu / Sukhinder & Kulvinder Sanghera. applicant and owners, haw applied for a Site Plan and Design Review approval lo develop an apartment complex for 480 apartment units within 20 apartment buildings. a two-story community building. and associated improvements known u The Villages at Main Residential Apartment Community (hereafter. "the Project") on APNs 047-280.020 and APN 047-280.029 in the City of Livingston, immediately east of Main Street, south of its intersection with Pach Avenue; and
WHEREAS, this proposed development is deemed a "Project" within the meaning of the California Environmental Quality Act (CEQA); and
WHEREAS, the Cicy of Llvinsscon flu caused to bt prepared an Environmental Impact Report (£1R) addressing the potential environmental effects of the project in accordance with the requirements of CEQA;and
WHEREAS, a Notice of Availability of the Draft EIR was published on March Io. 2021. in the Merced Sun-Star and distributed to agencies and interested parties; and WHEREAS, the Draft EIR was circulated for public and agency review and comment in accordance with the requirements of CEQA from March t 0, 2021. through April 23, 2021; and WHEREAS. in response to comments received on the EIR. a Final EIR has been prepared incorporating the Draft EIR by reference and containing the agency and public coinments and the City's responses to th0$C comments. which is attached hereto as E~hibit "A .. and herd>y incorporated by refcm,ce: and WHEREAS, the City has prepared CEQA Findings and a Mitigation Monitoring/Reporting Proaram for the project, attached hemo as Exhibit "8,. and hereby incorponatcd by rcferatce.

WHEREAS, the City Council has weighed the social and economic benefits of the proposed project and infonnation submitted by the applicant (see attached) as to the infeasibility of implementing a recommended mitigation measure for Swainson's hawk foraging habi1at impacts of the project. and has documented this consideration in the proposed Statement of Overriding Considerations for the project. attached herc10 as Exhibit "C., and hereby incorporated by reference~ and WHEREAS, the City Council ha5 reviewed and independently considered 1he analysis and conclusions of the EIR and all associated materials: and
WHEREAS, the City Council has reviewed and considered any and all comments on the EIR made at the public hearina; and
WHEREAS, the City distributed a copy of its proposed mponses to comments to agencies submitting comments on June 23, 2021: and

Page 351 ends

WHEREAS, the City Council has held a public hearing on the proposed project on September 21. 2021. which has been properly noticed by posting. a newspaper ad. and a mailing to adjacent properties within JOO feet of the site; and
NOW, THEREFORE. BE IT RESOLVED that the Livingston City Council hereby certifies the final ElR for the project as contained within Exhibit .. A., attached hemo; and BE IT FURTHER RESOLVED that the Uvingston City Council hereby adopts CEQA Findinp and a Mitigation Monitoring/Reporting Program for the project as contained in Exhibit "8" attached hemo; and BE IT FURTHER RESOLVED that the Uvingston City Council hereby adopts the Statement of Overriding Considerations pertainins to the one significant and unavoidable environmental eff'ect of the project, as contained in Exhibit "C" attached hereto.

Passed and adopted this 5111 day of ~ober, 2021, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Mayor Aguilar and Council Members Kang and Garcia
Council Member Baptista-Soto
None
Council Member Moran
City of Livingston
"'
I hereby certif)· that the foregoing resolution was regularly introduced. passed. and adopted at a regular meeting of the City Council of the City of Livingston this 5111 day of October, 2021. l
• icia Vasquez. rita, City Clerk
of the City of Livingston

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Exhibit A
Conditions of Approval
I. The Developer shall comply with all federal, state and local laws. policies, standards and requirements applicable to this use and obtain a building permit and all other pennils appticable to this use and shall pay alt fees and exactions applicable to such a use; and

2. Public improvements shall confonn to the latest edition of the City of Livingston Improvement Standards and all applicable fedecal. Rate, and focal laws and regulations; ud l . The Developer shall submit improvement plans showing all water, sewer, stonn drain. grading, and utility locations and their connection to the City system; provide plms for each subphue of the project; Pd

4. The Developer shall provide a soils repon for the project site prepared by a California registered geotechnical engineer. and
S. The Developer shall obcain 1rading and encroachment pennits for the project paying the pennit fees. plan check and inspection fees. and furnish improvement securities pursuant to lhe City·s impro\'crnent standards, municipal code. and ordinances; and

6. The Developer shall pay all applicable development impact fees for Municipal facilities. Police.

Fire Protection, S1reets and Bridges. Water. Domestic Wastewater, Stonn Drainage, and Parts; and

7. The DcvefoPCr shall annex this Project into the Community Facilities District CFO# 2017-1 prior 10 the issuance of the Certificate or Occupancy. including the payment of administrative costs associated with the aMexation: and

8. The Developer shall relocate the Arena Canal currently on the site to an underground pipeline meeting MID standards in a deeded e~clusive easement in a possible new alignment to better accommodate the proposed Project as dctennined by MID; and

9. The Developer shall replace and reroute the Well Site 20A pipeline per the standards and requirements of MID~ and
IO. The Developer shall ensure that any water users that receive their irription waler through the subject property retain their ability to do so~ and
I I. The Developer shall not allow any stnictures or tn:es within the MID pipeline easements: and I 2. The construction of on-site storm retention or detention basins are subject to approval by MIO; and
l3. The Developer shall confonn to any other standards and requirements of MID; and

Page 353 ends

14. The Developer shall insure that all connections to water and sewer systems shall be subject to the confirmation of availability capacity for each utility system. and per the requirements of the Cit)'~ and
IS. The Developer shall comply with requi~ments for sttccl lighting 1hroughout the length of Project limits along Main Street; and

16. The Developer shall include residential sprinklers in the development consistent with 1hc requirements of the Merced County Fire Department and shall c:omply with other Fi~ Department requirements and standards; and

17. The Developer shall indemnify. defend and hold hannless the City and its officials. officers. employees, agents, and consultants from any and alt legal or administrative actions or other proceedinp challengins this approval or any subsequent approval associated with this project; and
I 8. The development of the site shall be consistent with approved plans. elevations. and colors.

Minor variations from approved plans, elevations. and colors may be allowed at the review and approval of City staff. and

19. All exterior lighting fixtura shall be directed to areas on the subject property itself and shall avoid shinning toward adjacent residential propenies; and

20. The Developer and/or operator shall keep the site free from trash and debris and shall maintain the premises in a clean and onierly manner during construction~ and

21. The Developer shall construct all frontase improvements and dedications per the requirements of the City Engineer; and

22. The Developer shall repair any damaac to City facilities such as curb, gutter. sidewalk. streets and alleys caused by construction; and

23. The developer shall submit landscape plans for each phase oflhe Project prior to the issuance of an occupancy / or final pennit for City staff review and approval specifying plant selection. size and irrigation prior to installation. Such plans shall be consistent with tho approved plans and the City's landscape guidelines, and shall provide a screen 36" high adjacent to Main Street. Once installed, the developer shall request City inspection and approval of the landscaping and pay landscape inspection fees: and

24. The developer shall submit the plans for the trash enclosures for City staff review and approval after access to the enclosure has been approved by Oilton Solid Waste Management: and 2S. The developer shall work with the City to seek funding throuah granb and other various sources to addras additional firefightinJ resources in terms or personnel and equipment.

Page 354 ends

Attachment 3
(
RESOLUTION 2021-73
R£SOLUTION or THE CITY COUNCIL OF THE CITY OF LMNGSTON
APPROVING SITE PLAN AND DESIGN REVIEW 1019-04 FOR

THE VILLAGES AT MAIN APARTMENT COMMUNITY
WHEREAS, pursuant to Livingston Municipal Code (
411..MC") Section 5-6-7, Sake S1nghcra, Harvinder
& S.linder Bhangu I Sukhinder & Kulvinder Sanghera applicants and owners, have applied for a Site Plan and Design Review approval to develop The Villages at Main Residential Apartment Community ("tM Project'') for 480 apartment units, 20 three.story apanment buildings. a two-story community building. and associated improvements known as The Villages at Main Project on APNs 047-210.020 and APN 0..7-280-029 in the City of Livingston, immediately east of Main Street south of ks Intersection with Peach Avenue; and
WHEREAS, the site is zoned R-3 (High Density Resideatia(), and has a General Plan designation of High Density Residential according to the official Zoning Map of the City of Livingston and the 1999 Livingston General Plan; and
WHEREAS, LMC Section S-6-7 requires the approval of a Site Plan and Design Review for new structures within the R-3 district to assure compatibility. hannony in appearance in neighborhoods. reduction of neptive impacts of nonaes1hetic development. and orderly development of the community; and
WHEREAS. a public hearing for the proposed project has been properly noticed by pmtina. a newspaper ad and a mailing to a~acent properties within 300 feet of the site; and WHEREAS. the City Council has considered the environmental effects of the project and has Certified the Environmental Impact Report, adopted CEQA Findings and a Mitigation Monitoring I Reportin1 Program, and a Statement of Overriding Considerations; and WHEREAS, Staff has reviewed the project with reference to the 1999 General Plan. die Zoning Ordinam:e (specifically Sections S-6-7 "C" thru "E") and the adopted Livingston Design Guidelines; and finds that. based on the evidence: documented within the associated staffrcpon and proceedings of the public hearing, the proposed use. its site pl811 and design. is consistent with the General Plan, complies with the Zonin& Ordinance in that the site plan and design meets the zoning standard and requirements (including those specifically referenced above). and meets the intent and guidance of the Livingston Design Guidelines; and
WHEREAS. The Planning Commission has reviewed this Project at a Public Hearing and hu unanimously recommended that the Cit)-Council approve the Project; and WHERl:AS, the City Colfflcil has reviewed and considered any and all comments on the Site Plan and Design Review made at the public htaring.

NOW, THEREFORE, BE IT RESOLVED that the Livingston City Council hereby adopts Resolution 2021-73, approving the Site Plan and Design Review of the subject new development.

BE IT PVRTHER RESOLVED, Chat the Conditions of Approval within City Council Resolution 2021. 73, E.<thibit A. attached are hereby approved.

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Passed and adopted this s• day of October, 2021. by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

ATTEST:

Mayor Aguilar and Council Members Kang and Garcia
Council Member Baptista-Soto
None
Council Member Moran
I hereby certify that the foregoing resolution was regularly introduced, passed. and adopted at a regular meeting of the City Council of the City of Livingston this S .. day of October, 2021. rk
of the City of Livingston
l

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Attachment 6

CITY OF LIVINGSTON

PLANNING DEPARTMENT DEVELOPMENT APPLICATION
For City U1t Onl)'
ApplicatiOII II
Date Submitlc:d ------------ Rec:elved By
Assigned To Fee/Deposit Submitted __________ _
Project Account#
r J=: 21 '1
Sf P ·, 9 2024 J
Application Type (check all that apply): BY: __ -.:-\1.~±L.._ ___ _ Conditional Use Permit
Major Subdivision/Tentative Map = Minor Subdivision/Parcel Map (4 lots or less) _ Design Review _ Development Plan
_ Sign Pcmut
Variance
Rezone
General Plan Amendment
X Olher Time Extension
11'2.t l< r • -nsr~
Project Information: ~__,.~--...,..,..,_....,,....... ________________ _ Propotecl Project Name: Ihl..YiHag~ at.Main.

Projed Addre11 Main SjreeCLJvinastoi,;CA 95334
Project Parcel Number 047-280-029 & 020
Project Descrlpdon (be specific, Ille addlttooal pages lf nece11ary) See attached Letter.

Applicant Information: _____________________ _
Name Sake Sang_hera
Addral 6473 E, Batch Road
City ..t:f11nhRnn ____ State_.C ... A._. _____ 7JpCode 95326 Phone_ Fax E-mail
SJ1uahlre ___ _
(Original ink signature is required)
Owner Information:

Name Hacvinder & Salindar Bhangu L SukhJlnder & Kutvinder Sanghera Addrell 6473 E, Hatch Road
City H• -L--- _State CA l.ipCod· dl;if,j~
PboneJ. rax ________ E....U
Slaaatan~~-~-~~----------~----
(Oril!inal ink simature is reauired)
I of8
m
m

Page 357 ends

If residential, include the number of units, schedule of unit sizes, range of sale prices or rents, and type of household size expected.
480 Units, Rents TSO, See site plan for unit breakdown
If commercial, indicate the type; whether neighborhood, city or regionally oriented; square footage of sales area, and loading facilities.

N/A
1f industrial, indicate type, estimated employment per shift, and loading facilities.

NIA
If institutional, indicate the major function, estimated employment per shift, estimated occupancy, loading facilities, and community benefits to be derived from the project.

NIA
If the project involves a variance, conditional use or rezoning application, state this and describe why the application is required.

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

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

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

CERTIFICATION
I hereby certify that the statements furnished above and in th.e attached exhibits are true and correct to the best of my knowledge.

Signature .

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ENVIRONMENTAL INFORMATION
General Information:

Name (developer or project sponsor) _S_a __ k __ e_S __ a __ ng_h __ e .... ra __________________ _ Address 6473 E. Hatch Road
Qty Hughson State __.C=A_.._ _____ Zip Code...::9-=5=32=6~---- ProJect Name The VHlages at Main
Project Addres1 Main Street, Livingston, CA 95334
Assessor's Block and Lot Number Existing Zonlne District 047-280-029 & 020 R-3 (High Density Residential)
Contact Information:

Name Same as aboye Address ____________________________ _ City ____________ State _______ Zlp Code ______ _
Phone Fax E-mail ______ _
Project Specifics:

Number of permit application(s) for the project this fonn pertains 1 - Time Extension Describe the use of the Project
Construct 20 build! s wlth 24 units each 480 total units and a _communi approximately ±18,Z acres (2Z,Z units/age)
List any other related pennits and other public approvals required for this project, including those required by the city, regional, state, and federal agencies.

N/A
Site Size (acreage) __ =± ..... 18""".7~a~cre~s ___ Building Dimensions (square footage) See Site Plan for Breakdow Building Height (number of floors) 20 Bulldlngs at 3 stories & 1 community building single-story Amount of off-street parking required and what is being provided. 528 stalls required ; 587 stalls provided ; Parking Ratio= 1.22 stall per unit Proposed phasing plan (if applicable)
4 pi:9P05ed phases, see phasing plan exhibit
Anticipated incremental development.
4of8

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November 19, 2024
City of Livingston
1416 C Street
Livingston, CA 95334
Dear Members of Planning Commission & City Council:

Attachment 7
Received
NOV 2 5 2024
Cfty ot l.MnQS'Oft
PlannlnQ 0epartmenl
This letter is being written on behalf of Harvinder Bhangu, et al, ownership of that project known as The Villages at Main Residential Apartment Community (Conditional Use Permit 2019-03 & Site Plan & Design Review 2019-04). The City Council approved SPDR No. 2019-04 on October 5, 2021.

The project was set to expire on October 5, 2023, but the time frame was extended by one year, to October 5, 2024, by the City in a letter to applicant and owner dated September 25, 2023.

Ownership has continued to actively pursue the project, and has requested an additional two (2) year time extension from the City, to allow the commencement of construction no later than October 5, 2026.

In the way of background, and to show earnest effort to move the project forward, please consider the following:

1. The main issue affecting the commencement of the project is the undergroundlng of the Merced Irrigation District (MID) canal that runs through the property. This Is a multi-million dollar project;

2. This MID canal can only be undergrounded in the non-irrigation season, approximately November to March of any given year;

3. After project approval, ownership diligently pursued the preparation of engineering plans for the undergrounding of the MID canal, and these plans were finally approved by MID on August 31 , 2023;

4. During the bidding process, the contractors let us know that the lead time on the required pipe was a minimum of six (6) months, so it was not possible to commence the project prior to the most recent Irrigation season;

5. Now, we have a contractor selected (contract attached hereupon), and with a pipe order in early 2025, we will be able to commence construction in November of 2025, after the completion of the next irrigation season.

Based on this past level of effort. and the high cost of this initial improvement, we respectfully request that the City grant a two (2) year extension, which will allow us to order the needed pipe In early 2025, and commence construction in late 2025 after the Irrigation season.

To further exemplify our intent to bring this project to fruition, if the City of Livingston will allow, ownership is willing to apply for a grading permit tor then on-site Improvements as soon as possible. This would put us In a position to deliver housing units to the community as soon as possible once the MID canal Improvements are complete.

We appreciate your time and consideration.

Harvinder Bhangu, Property Owner

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CHADHA CONSTRUCTION CO INC.

PO BOX 1787
CERES. CA 95307
L.iccnse # 989952

BUILDING CONSTRUCTION CONTRACT
THIS AGREEMENT is made this 11 NOVEMBER 2024, by and between "ARENA CANAL RELOCATION." Herein after called the "OWNER" who's addresses is 6707 BUNTER RD.

LIVINGSTON
and 11CHADHA CONSTRUCTION CO., herein after called the "CONTRACTOR't, License No. 989952 whose address is PO Box 1787 Ceres, CA. 95307 In consideration of the mutual covenants and agreements herein contained, the parties hereby agree as follows:

1. Contractor agrees to construct end complete in a good workmanlike manner, upon the real property hereinafter described, furnishing all labor, materials, tools, machinery, equipment and temporary utilities transportation and any other facilities needed therefore ARENA CANAL RELOCATION (Herein after called the .. Project" whether on one or more buildings or improvements), upon the following described real property: Located at MAIN ST.

APARTMENTS ON MAIN ST. LIVINGSTON CA 9S334 (Hereinafter called the "Property").

The Owner will locate and point out the property lines to the Contractor and will provide boundary stakes by a licensed surveyor if there is any doubt as to boundaries. The Construction Lender for this project will be ARENA CANAL RELOCATION

2. The project is to be constructed and completed in strict conformance with plans and specifications for the same. signed by the parties hereto and incorporated herein by reference a copy of which plans and specifications have been filed with the Construction Lender named above (if there is no Construction Lender, all references to same in this contract are to be disregarded).

The structure is also to be constructed and completed in strict compliance with all laws, ordinances, rules and regulations of the applicable governmental authorities, and Contractor is to apply for and obtain all required pennits and licenses. Owner is to pay all fees therefore, and all other fees required by such governmental authorities and public utilities for financing or repaying the costs of sewers, storm drains, water service and other utilities, including tap-in or book-up charges and the like. This proposal is based on an unapproved plan reviewed by City of LMNOSTON on NOV. 11 NOVEMBER. A final approved plan may result in the increased scope of work & budget.

3. In consideration of covenants and agreements herein contained being perfonned and kept by Contractor, including the supplying of all labor materials and services required by this contract, and the construction and completion of the Project, Owner agrees to pay the Contractor the estimated sum of ONE MILLION SEVEN HUNDEREDSEVENTY FOUR THOUSAND NINE HUNDERED EIGHTY-FIVE. 50% DEPOSIT received for the material to order the Material on NOV.11 2024

4. Payments shall be made as job progresses as per the Contractor's request.

If progress payments are to be made through the Construction Lender, Owner represents that the

Page 361 ends

construction loan fund is sufficient to pay the contract price and all extra work that may be ordered by Owner. Owner will do everything possible to expedite payments. The Owner hereby irrevocably authorizes the Construction Lender to make all payments directly to the Contractor when due.
lf corrective or repair work remains to be accomplished after the Project is ready for occupancy, the Owner may withhold payment of a sufficient amoWlt to pay for the completion of such work but shall not withhold any greater amount. Upon Completion of all such corrective work by Contractor, Owner shall pay the balance of the contract sum to the Contractor. 1) The Contractor agrees to commence work hereunder within 15 days after receipt of written notice from the Owner to do so, with approved plans provided by owner and permit fees having been paid by owner, to prosecute said work thereafter diligently and continuously to completion, and in any and all events to substantially complete the same within 24 montbl after commencement of work as aforesaid, subject tC> such delays as are permissible under paragraph J 1, below. In no event shall the Contractor commence said work or place any materials on the Property prior to receipt of such notice from the owner. 2) Contractor shall pay promptly all valid bills and charges for material, labor, machinery, equipment or any other service facility used in connection with or arising out of the construction Project and will indemnify and hold the Owner of the property free and harmless against the property of any part thereof, and from and against all expenses and liability in connection therewith, including, but not limited to, court costs and attorney's fees resulting or arising therefore provided that the Contractor shall be excused from this obligation to the extent that the Owner is in arrears in making progcess payments to the Contractor. Should any liens or claims of a lien be filed for record against the property, or should Owner receive notice of any unpaid bill or charge in connection with the construction, Contractor shall immediately either pay and discharge the same cause to be released of record, or shall furnish the Owner with the proper indemnity either by satisfactory corporate surety bond or title policy, which indemnity shall also be subject to approval of the Construction Lender.
3) Contractor shall, if requested by Owner, before being entitled to l'eceive the second Ol' any subsequent payment due hereunder, furnish to Owner all bills paid to that date, properly receipted and identified, covering work done and the materials furnished to the Project and showing an expenditure of an amount not less than the total of alt previous payments made hereunder by Owner to Contractor.
4) This contract and the plans and specifications arc intended to supplement one another. In case of conflict, however, the specifications shall control the plans, and the provisions of this contract shall control both. In the event that work is displayed on the plans but not called for in the specifications or in the event that work is called for in the specifications but not displayed in the plans, Contractor shall be required to perfonn as though called for and displayed in both places.

S) Should the Owner or Architect, if any, at any time during the progress of the work request any modification, alterations or deviation in, additions to, or omissions from this contract or the plans or specifications, he shall be at liberty to do s01 and the same shall in no way affect or make void this contract; but the amount thereof shall be added to or deducted from the mnount of the contract price stated above, as the case may be, by a fair and reasonable valuatio~ based upon the actual cost oflabor and materials~ plus 20 percent profit to the Contractor. This contract shall be deemed to be completed when the work is finished in accordance with the original plans as amended or

Page 362 ends

modified by such changes, whatever may be the nature or extent thereof. The rule of practice to be observed in fulfillment of this paragraph shall be that, upon the demands of either the Owner or the Contractor, the character and valuation of any and all changes, omissions or extra work shall be agreed upon and fixed in a written change order, signed by the Owner and the Contractor, prior to performance, Where the alterations, deviations, additions or omissions from said written approval; provided, however that the Contractor shall not be deemed to have waived his right to compensation for any extra work, even though the same is not provided for in writing. Payments for extra work wiU be made as the extra work progresses, concurrently with progress payments made pursuant to Paragraph 3, above.
6) If the contract price above includes allowances and the cost of performing the work covered by the allowance is either greater or less than the allowance. the contract price shaJl be increased or decreased accordingly. Unless otherwise specified by the Owner in writing, the Contractor shall use its own judgment in accomplishing the work covered by an allowance. If the Owner requests that the work covered by an allowance were accomplished in a way that the cost will exceed the allowance, the Contractor shall comply with the Owner•s request provided that the Owner pays the additional costs in advance.
7) Should Contractor, at any time during the progress of the work, refuse or fail to supply sufficient material or workmen for the expeditious progress of said work or fail to perfonn any other provisions of this contract, Owner may, upon giving three (3) days' notice in writing to Contractor, by registered or certified mail, (a copy of which shall be furnished to the Construction Lender) and Contractor's failure to remedy any such failure with said three (3) days period, tenninate this contract and provide the necessary material and workmen to finish the work and may enter upon Property for such purpose and complete said work. The expense thereof shall be deducted from the contract price, or if the total cost of the work to Owner exceeds the contract price, Contractor shall pay to Owner upon demand the same amount of such excess in addition to any and all other damages to which Owner may be entitled. In the event of such termination, the Owner may take possession of all materials, equipment and appliances belonging to the Contractor upon or adjacent to the Property upon which said work is being perfonned and may use the san1e in the completion of said work. Such termin11tion shall not be prejudice if any other legal right, which the Owner may have against Contractor. Owner is supplying the electrical fixtures for indoor & outdoor. 8) Time is of the essence of this contract and Contractor shall substantially complete the work during the time provided for in Paragraph 4 above. However, the time during which Contractor is delayed in said work by (a) the acts of Owner or his agents or employees or those claiming under agreement with or pennission from Owner, or by (b) the Acts of Ood which Contractor could not have reasonably foreseen and pro-vided against, or by ( c )unanticipated stonny or inclement weather which necessarily delays the work, or by (d) ony strikes, boycotts or like obstructive actions by employees or labor organizations and which are beyond the control of the Contractor and which he cannot reasonably overcome, or by (e) the failure of Owner to make progress payment promptly, shall be added to the time of completion of the work by a fair and reasonable allowance.(f) contractor is not responsible for job delay because of material shortage. Furthennore, the Contractor shall have the right to stop work if any payment, including payment for extra work. is not made to Contractor as provided in this Contract In the event of such nonpayment, Contractor may keep the job idle until all payments then due are received. 9) It is understood and agreed that Contractor, before incuning any other expenses or purchasing any materials for the Project, shaJl proceed with the foundation work and that if, at the time of excavation therefore, the Contractor finds that the work below the swface of the ground is at 3

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variance with the conditions indicated by the plans and specifications or infonnation supplied by the Owner, or should unknown physical conditions below the surface of the ground be of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work if character provided for in this contract be encountered and generally recognized as inherent in work of the character provided for this contract encountered, he shall so notify the Owner, and Owner shall at that time have the right and option to immediately cancel and tenninate the within contract or to deposit the estimated cost of the required extra foundation work with the Construction Lender, if there be one named herein, or add such amount to the contract funds wherever same are at that time deposited and the contract sum shall be increased accordingly. The owner shall pay for such costs as extra work. It is agreed that in the event of cancellation. In computing such custom-building pennit fees, insurance and such financing and title charges as are not refundable shall be included; provided that supervision time. office overhead and profit are not to be included in such costs to be refunded to Contractor by reason of such cancellation.
10) No payment hereunder nor occupancy of said improvements or any part thereof shall be construed as an acceptance of any work done up to the time of such payment or occupancy, except such items os are plainly evident to anyone not experienced in construction work, but the entire work is to be subject to the inspection and approval of Owner or Architect at the time when it shall be claimed by Contractor that the Project has been completed, It is understood and agreed that the acceptance of any work by the Owner or Architect shall not be an acceptance by the Construction Lender who is not a party hereto.
11) The owner agrees to sign and file for record within five (S) days after the substantial completion and acceptance of the Project a Notice of Completion (a copy thereof to be deposited with the Construction Lender at least forty-eight hours prior to recording). If the Owner fails to record the Notice of Completion within a five (5) day period. the Owner hereby appoints the Contractor as the Owner's agent to sign and record such Notice of Completion on the Owner's behalf. This agency is irrevocable and is an agency coupled with an interest. The contractor agrees upon receipt of final payment, to release the Project and property from any and all claims that may be accnted against it by reason of said construction. If the Contractor faithfully performs the obligations of this contract on his part to be performed, he shall have the right to refuse to permit occupancy of the structure by the Owner or Owner's agents until the Notice of Completion has been recorded and Conttactor has received the payment, if any, due hereunder at completion of construction. less such amounts as may be retained pursuant to mutual agreement of the Owner and Contractor under the provisions of Paragraph 3, above. The Construction Lender has the right to make its own decisions as to the completion of any work, independent of the parties hereto. 12) Owner agrees to procure at its own expense and prior to the commencement of any work hereunder, fire insurance with course of constructio~ vandalism, extended coverage and malicious mischief clauses attached in the sum equal to the total cost of said improvements as set forth in Paragraph 3, thereof. with loss, if any payable to any mortgage or beneficiary under any deed of trust covering the Project. Such insurance shall be written to protect the Owner and shall name the Contractor and his Subcontractors and the Construction Lender as their interests may appear.

Should Owner fail so to do, Contractor may procure such insurance, but is not required to do so, and Owner agrees on demand to reimburse Contractor in cash, the cost thereof. lf the project is destroyed or damaged by any accident or disaster, such as a fire, storm, flood, landslide, earthquake or subsidence, or theft or vandalism, any work done by the Contractor in rebuilding or restoring the work shall be paid for by the Owner as extra work under Paragraph 8, above. If, however, the 4

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estimated cost of replacement of the work already completed by Contractor exceeds twenty (20%) percent of the contract price. the Owner shall have the option to cancel this contract and, in such event, the Contractor shall be paid the reasonable cost, including net profit to Contractor in the amount of ten (10%) percent, of all work performed by Contractor before such cancellation. 13) Contractor shall at his own expense carry all workmen's compensation insurance to protect Contractor's employees and public liability insurance necessary for the full protection of Contractor and Owner from injury to persons or property arising from Acts of Contractor or his Subcontractors during the progress of the work. Certificates if such insurance shall be filed with the Owner and with the Construction Lender if Owner so requires and shall be subject to the approval of both of them as to adequacy of protection. Owner shall obtain and pay for insurance against injury to his own employees, if any. and persons on the site at Owner's direction. The Contractor shall not be responsible for any damage caused by the Owner or Owner's agent. Acts of God. earthquake, or other causes beyond the control of Contractor, unless otherwise herein provided. The owner shall be responsible for purchasing and maintaining the owner's usual liability insurance as well as a builder's all risk policy naming chadha construction co inc. as an additional insured.
14) Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration in accordance with Construction Industry Arbitration Rules of the American Arbitration Association, and judgment upon award rendered by the Arbitrator (s) may be entered in any Court having jurisdiction thereof. Owner. Contractor, Architect and all Subcontractors. Sub-Subcontractors material suppliers, and other parties concerned with the construction of the project are bound, each to the other, by this arbitration clause, provided each party has signed this contract or a contract that incorporates this contract by reference. or signs any other agreement to be bound by this arbitration clause. On the demand of the arbitrator or any party to an arbitration initiated under the arbitration provisions of this contract, Owner, Contractor, and Subcontractors, or other party bound by this arbitration provision agrees to join, become a party to. and be bound by such arbitration proceedings. If any party refuses or neglects to appear at or participate in such arbitration proceedings, the arbitrators arc empowered to decide the controversy in accordance with whatever evidence is presented by the party or parties who do participate. The arbitrators arc authorized to award any party or parties such sums as they consider proper for the time, expense, and trouble of arbitration. including arbitrator fees and attorney's fees.
1 S) Contractor guarantees all equipment. material. supplies and work furnished on the project against defective construction or workmanship for a period of one year following the completion of the project, except when a longer guaranty is provided by the supplier or manufacturer of the equipment or material. Contractor shall supply the Owner with aU warranty and guaranty documents relevant to the equipment and materials incorporated into the job and guaranteed by its suppliers or manufacturers.
16) If either party hereto becomes involved in arbitration 01· litigation arising out of this contract or the perfonnance of it, the court or tribunal in such arbitration or litigation may award reasonable costs and expenses costs and expenses of such arbitration and litigation. including expert witness fees and attorney's fees, to the successful party.
17) Upon the completion of the Project. the Contractor agrees to remove all debris and swpJus materials from the Owner•s property and leave said property in a neat and broom clean condition. 18) Neither party may assign this contract and is not bound or obligated by or under any of the tenns thereof.

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19) Construction Lender is not a party to this contract may given by certified or registered mail at the addresses contained in this contract. but such address may be changed by written notice by the one party to the other from time to time. Notice shall be considered received three (3) days after deposited in the mail, postage prepaid.
20) The contractor will provide a 6' high chain link fence around the property to protect the property. Owner to provide a security guard, security camera or other type of security equipment. 20) All pennit fees, including encroachment to be paid by owner. 21) All items in the attached proposal noted "by owner or NIA or S0.00" are not included on the contract amount and are the sole responsibility of the owner (contractor to coordinate installation of these items with the responsible auppllen and aubeontracton) 22) All utility hook-up fees (sewer, water, gas, electrical) to be paid by owner. 23) All compaction tests to be paid by owner.
24) This contract excludes anything not on plans or attached breakdown. 25) This contract along with the attached original breakdown constitutes the entire agreement of the parties. No other agreements, oral or writtens pertaining to the work to be performed under this contract exists between the parties. This contract can be modified only by an agreement in writing signed by both parties. 26) This agreement shall be construed in accordance with, and governed by, the laws of the State in which the project is located.
27) owner to provide temporary power & water
28)
Contractors are required by law to be lfoensed and regulated by the Contractors State License Board, which has jurisdiction to investigate complaints against contractors if a complaint is filed within three years of date of the alleged violation. Any questions conc:eming a contractor may be referred to the Registrar. Contractors• State License Board, and P.O. Box 26000, Sacrwnento, California 95826.

In Witness whereof, the parties hereto have executed this Agreement on the 12™ day Of NOVEMBER 2024

HARVINDER BHANGU
Paul Raj, (Contractor) HARVINDER BHANGHU (Owner)
6

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AFFIDAVIT OF PUBLICATION
Account # Order Number Identification Order PO Cols Depth 19355 641809 Print Legal Ad-IPL02207490 - IPL0220749 Moonglo Project and The 2 65 L Attention: Tina Whitsitt

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

STATE OF CALIFORNIA )
) ss.

Date: 10th, day of March, 2025
Notary Public in and for the state of South Carolina,
residing in Beaufort County
Extra charge for lost or duplicate affidavits.

Legal document please do not destroy!
McClatchy

NOTICE OF PUBLIC HEARING

Staff report, project plans and other materials for the above project will be available for review at the City of Livingston, 1416 "C" Street, after March 14, 2025.

NOTARY PUBLIC

SOUTH CAROLINA
MY COMMISSION EXPIRES 11-03-32

Page 367 ends

Attachment 9
RESOLUTION 2025-___

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON TO APPROVE A SIXTEEN-MONTH EXTENSION FOR CONDTIONAL USE PERMIT NO. 2019-03 AND SITE PLAN AND DESIGN REVIEW APPLICATION 2019-04 - THE VILLAGES AT MAIN

RESIDENTIAL APARTMENT COMMUNITY ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF MAIN STREET, SOUTH OF PEACH AVENUE (APN NO. 047-280-020 AND 047-280-029).

WHEREAS, pursuant to Livingston Municipal Code (“LMC”) Section 5-6-7, Sake Sanghera, Harvinder & Salinder Bhangu / Sukhinder & Kulvinder Sanghera applicants and owners, have applied for a Site Plan and Design Review approval to develop The Villages at Main Residential Apartment Community (“the Project”) for 480 apartment units, in 20 three-story apartment buildings, a two-story community building, and associated improvements known as The Villages at Main Project on APNs 047-280-020 and APN 047-280-029 in the City of Livingston, immediately east of Main Street south of its intersection with Peach Avenue; and WHEREAS, the site is zoned R-3 (High Density Residential), and has a General Plan designation of High Density Residential according to the official Zoning Map of the City of Livingston and the 1999 Livingston General Plan; and
WHEREAS, LMC Section 5-6-7 requires the approval of a Site Plan and Design Review for new structures within the R-3 district to assure compatibility, harmony in appearance in neighborhoods, reduction of negative impacts of nonaesthetic development, and orderly development of the community; and
WHEREAS, LMC Sections 5-3-15 and 5-6-9 requires the approval of a Conditional Use Permit for projects in excess of 25 units for “certain land uses that generally have a distinct impact on the area in which they are located, and/or are capable of creating special problems for bordering properties unless given special attention”; and the proposed construction of a 480 unit apartment project is deemed such a land use; and
WHEREAS, a public hearing for the proposed project has been properly noticed by posting, a newspaper ad and mailing to adjacent properties within 300 feet of the site; and WHEREAS, the Planning Commission and the City Council considered the environmental effects of the project and Certified the Environmental Impact Report, adopted CEQA Findings and a Mitigation Monitoring/ Reporting Program, and a Statement of Overriding Considerations; and WHEREAS, Staff has reviewed the project with reference to the 1999 General Plan, the Zoning Ordinance (specifically Sections 5-6-7 “C” thru “E”) and the adopted Livingston Design Guidelines; and finds that, based on the evidence documented within the associated staff report and proceedings of the public hearing, the proposed use, its site plan and design, is consistent with the General Plan, complies with the Zoning Ordinance in that the site plan and design meets the zoning standard and requirements (including those specifically referenced above), and meets the intent and guidance of the Livingston Design Guidelines; and WHEREAS, on October 5, 2021, the City Council adopted Resolutions No. 2021-72 and No. 2021-73, approving environmental assessment consisting of a An Environmental Impact Report (SCH 2021010256) and Site Plan and Design Review Application 2019-04 for the Villages at Main Residential Apartment Community Project and hereby incorporated by reference, and. -

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Attachment 9
WHEREAS, A Notice of Determination for the project was filed on October 7, 2021; and WHEREAS, on September 25, 2023, City Community Development staff found that the applicant made substantive efforts to move the project forward and granted a one-year time extension to SPDR 209-04 to October 5, 2024; and
WHEREAS, on September 19, 2024, the applicant filed a one year time extension to extend the life of the Conditional Use Permit 2019-03 and Site Plan and Design Review Application 2019-04 for the Villages at Main Residential Apartment Community Project; and WHEREAS, on October 8, 2024, the Planning Commission met to consider the time extension request, opened, and continued the Public Hearing to December 10, 2024; and WHEREAS, on November 25, 2024, an unsigned letter was submitted to the City documenting the applicant’s efforts to move this project forward and requested a two-year time extension; and WHEREAS, the applicant did not apply for a building permit, a grading permit or submit documentation of substantive efforts between October 5, 2023, and October 5, 2024. Moreover, the property has been advertised for sale; and
WHEREAS, the Planning Commission held a public hearing on the proposed project (TE 2024- 01) on December 10, 2024, which has been properly noticed by posting, a newspaper ad, and a mailing to adjacent properties within 300 feet of the site; and WHEREAS, at the conclusion of the December 10, 2024, public hearing, the Planning Commission recommended to the City Council approval of time extension consisting of 16 months; and
WHEREAS, the City Council of the City of Livingston did conduct a public hearing on March 18, 2025, which was properly noticed by posting, a newspaper ad, and mailing to adjacent properties within at least 300 feet of the site, to consider the proposed General Plan Amendment and considered all comments whether in writing or orally.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livingston adopts this Resolution approving a 16-month extension to February 6, 2026.

AYES:

NOES:

ABSENT:

ABSTAIN:
___________________________
Jose A. Moran, Mayor
of City of Livingston
ATTEST:

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Attachment 9
________________________________
Monica Cisneros, Deputy City Clerk
of City of Livingston

APPROVED AS TO LEGAL FORM
Roy C. Santos, City Attorney

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1 STAFF REPORT
AGENDA ITEM: Resolution Reappointing Jessica Betschart to the Parks Recreation and Arts Commission
MEETING DATE: March 18, 2025
PREPARED BY: Jacquelyn Benoit, Recreation Superintendent REVIEWED BY: Happy Bains, Finance Director/Assistant City Manager RECOMMENDATION:

Staff recommends that the City Council adopt Resolution ____, reappointing Jessica Betschart to Parks Recreation and Arts Commission.

BACKGROUND:

Jessica Betschart has been a Parks Recreation and Arts Commissioner since February 2021and her term was up January 30, 2025. Jessica has been an important part of the commission helping develop successful events such as the Splash of Color Run and the Coach Recognition Banquet.

There has been an ongoing vacancy for the alternate on the commission, so vacancies have been advertised for over a year on the city website, City Hall bulletin board and social media off and on. To date we do not have any other applicants. Jessica turned in her application in early February for reappointment. Her application is attached to this report.

DISCUSSION:

On February 4, 2025, the council requested Jessicas reappointment be brought back to the next council meeting. Staff are doing as requested. If reappointed her term will expire January of 2029.

FISCAL IMPACT:

None.

ATTACHMENTS:

1. Applications: Jessica Betschart
Resolution 2025-___.

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RESOLUTION 2023-01

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON

REAPPOINTING JESSICA BETSCHART

TO THE PARKS RECREATION AND ARTS COMMISSION
WHEREAS, Jessica Betschart has been a Parks Recreation and Arts Commissioner since February 2021and her term was up January 30, 2025. Jessica has been an important part of the commission helping develop successful events such as the Splash of Color Run and the Coach Recognition Banquet; and
WHEREAS, There has been an ongoing vacancy for the alternate on the commission, so vacancies have been advertised for over a year on the city website, City Hall bulletin board and social media off and on. To date we do not have any other applicants. Jessica turned in her application in early February for reappointment. Her application is attached to this report; and WHEREAS, On February 4, 2025, the council requested Jessicas reappointment be brought back to the next council meeting; and
NOW, THEREFORE, BE IT RESOLVED that the City of Livingston does hereby appoint Jessica Betschart to the Livingston Parks Recreation and Arts commission with the term expiring January 30, 2029.

I hereby certify that the foregoing Resolution No. 2025-___is a full, true, and correct copy of a resolution duly passed and adopted by the City Council of the City of Livingston at a regular meeting thereof duly held on the 18th day of March 2025, by the vote recorded as follows:

AYES:

NOES:

ABSENT:

ABSTAIN:

By:

Jose A. Moran, Mayor
of City of Livingston
ATTEST
Monica Cisneros, Deputy City Clerk

APPROVED AS TO LEGAL FORM
________________________
Roy C. Santos, City Attorney

Page 372 ends

Please return to:

City of Livingston
Attn: City Clerk
1416 C Street
Livingston, CA 95334
(209)394-8041 ext 121
City of Livingston
Parks Recreation and Arts Commission
Deadline for Submission Open Until Filled
Supplemental Questionnaire
4 2025
City of Livingston
Please print or type your answers to the following questions and submit them with your completed application.

You may submit additional sheets, if necessary, to complete your answers. '-
1) Have you ever attended a Parks Recreation and Arts Commission meeting? § NO Date attended \)\ }2."bp.6 - I\ (i\ 'let«'" ~ i roe 21>2.\ 2) How did you learn about the vacancy on the Parks Recreation and Arts Commission? °'-&'Af'Cj to ~texcl "''i C,\A,t°ft,;n-\- ~t:c\t- -mf O..'f'DWtx- -\-ex-vYl • 3) Describe your involvement in community activities, volunteer and civic organ izations:
\ '00v\Je:,; \Jee.n Of-I To,~ t-Offi"')'~S,ofl S\n<::e, 1.D~\ . ~ '\JO\uti\~ Cl: \o\- Dt- 7' \"Oe.., t{) ~(Y-ffl'\ L,l,Y\,( ~ ~tt)""t~ ' eDG\Ch iCLtl1't \ (\ ~\ -r~\. \ °-1¼0 ~~(feJ ~ ~\\AS \)\0 \\"\ 202.2-.
4) What is it about the Parks Recreation and Arts Commission that interests you? What qualities, experience r e\;~ie w~~~i"~ g ~;JZ ~ ••t~t ~rn~11\i WI XDWjY\ our- 'ltv.1n • &vo\0, ~ wneutioV\ ~ C\Y\cl , \)cl~ I).__ '\::Itch\/~ "t"\0i\J.n'..1 \'\\ ~'( \\'Jt~ , \ \\o,\le,, ~ \lO\~
\()~,¥\ \\'\~ 'fetYtrAl°\Dn ~mt,0-\ ~\'<\Ct> wr- Cn\\dY"ex) \ \D\ntr,\ cSrf rf> x rN\ 0':l\,\Atf n , ~ ~t\\>v~eex- ¾, ~ \l~f ~, ~~~~ Page 373 5) How would you see your role as a commissioner when recommending policy and working with the council? \ °'-\\Do.~~ ~~0v-\-e,; in~ DD\\Atx)rcXn\le; 'ff;\~~'t\,C) De;~ -\h~ ~~~\ o/ ~m~,~~\01' l \ &~ N\'\&~W-
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6) What are the current issues that the Parks Recreation and Arts Commission will face? ~ ~ ~motv\ \DI\V\l'I\ wY ~O\WA~ ~Mi1-f1
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7 )If appointed, what specific goa ls wou ld yqu like to see the Parks Recreation and Arts Commission 1 achieve?
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Page 374 ends

. .

Committee/Commission Application
Address Commiltce/Commission Applying For
LiYc Within C ity Limits Occupalion
No
Please describe you background and qualifications
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{CW128219.1} Page 1 of 3

STAFF REPORT
AGENDA ITEM: Discussion and Direction regarding the City of Livingston City Council’s Options for Filling the Vacant Elected City Clerk Position.

MEETING DATE: March 18, 2025
PREPARED BY: Monica Cisneros, Assistant to City Manager/Deputy City Clerk Roy Santos, City Attorney
REVIEWED BY: Happy Bains, Finance Director/ Assistant City Manager RECOMMENDATION:

Staff recommends that the Council discuss the vacancy in the City Clerk’s Office and:

1. Directly appoint a resident to the position of City Clerk.

2. Call for a special election and adopt the attached resolution.

3. Provide alternative direction.

BACKGROUND:

At the February 4, 2025, regular meeting, Robert Wallis was appointed as Council Member to serve a two (2) year term as City Council Member of the City of Livingston. Mr. Wallis submitted his letter of resignation as the City Clerk, effective February 4, 2025. As a result, the City Clerk position is vacant.

The City has experienced difficulties with the position of City Clerk, which is an elective position. The City Clerk must be a City resident and registered voter. Because of the current vacancy and lack of applicants for the City Clerk position, we have prepared this discussion for the Mayor and City Council.

DISCUSSION:

California Government Code Section 36512 describes the actions to be taken in connection with a vacancy in an office. It states that if a vacancy occurs in an elective office the council shall, within 60 days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy. If the council fills the vacancy by appointment, and the vacancy occurs within the first half of the term and at least 130 days prior to the next general election, the person shall hold office until the next general election, where the position will be up for election again and filled for the remainder of the term. Therefore, the person appointed as Councilmember will hold the office until the election in November 2026. In 2026, the person elected to fill the vacancy shall hold office for the unexpired balance of the term of office.

If the City Council chooses to call a special election to fill the vacancy, it must do so within sixty (60) days of the vacancy. Additionally, “the special election shall be held on the next regularly established election date not less than 114 days from the call of the special election. In other words, the special election must be held: (1) on a regularly established election date pursuant to Elections Code section 1000, and (2) at least 114 days must elapse between the date the election is called and when it is held.

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{CW128219.1} Page 2 of 3

APPOINTMENT PROCESS
Timeline for Appointment
In the event of a call for applications, the candidate must be appointed by April 4, 2024. In order to adhere to the timeline established in Government Code section 36512(b) for filling vacancies, a proposed timeline and process for the appointment is outlined below:

March 19th– March 24th (4:30PM): Solicit applications from interested persons.

April 1st: Regular City Council meeting to conduct interviews, review and discuss applicants, and select preferred candidate.

Seat the newly appointed City Clerk.

The proposed application form is attached to this agenda item. The application will be made available on the City’s website beginning on March 19, 2025, or the date the application period begins, as instructed by the City Council. Completed applications must be submitted to the City Clerk’s Office no later than 4:30 PM on the deadline selected by the City Council.

SPECIAL ELECTION PROCESS
If the City Council chooses to call a special election to fill the vacancy, the cost estimate provided by the County of Merced is approximately $76,486.

CITY CLERK DUTIES & RESPONSIBILITIES
Government Code section 40801 et seq. governs the office of the City Clerk, a copy of which is attached to this staff report.

The City Clerk is the local official for elections, local legislation, the Public Records Act, the Political Reform Act, and the Brown Act (open meeting laws). Before and after the City Council takes action, the City Clerk ensures that actions are in compliance with all federal, state, and local statutes and regulations and that all actions are properly executed, recorded, and archived.

The statutes of the State of California prescribe the basic functions and duties of the City Clerk, and the Government Code and Election Code provide precise and specific responsibilities and procedures to follow.

The Office of the City Clerk is a service department within the municipal government upon which the City Council, all City departments, and the general public rely for information regarding the operations and legislative history of the City. The City Clerk serves as the liaison between the public and City Council and provides related municipal services.

As an Elections Official, the City Clerk administers Federal, State, and Local procedures through which local government representatives are selected. The City Clerk assists candidates in meeting their legal responsibilities before, during, and after an election. From Election pre-planning to certification of election results and filing of final campaign disclosure documents, the City Clerk manages the process which forms the foundation of our democratic system of government.

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{CW128219.1} Page 3 of 3
As a Legislative Administrator, the City Clerk plays a critical role in the decisionmaking process of the local legislature. As the key staff for City Council meetings, the City Clerk prepares the legislative Agenda, verifies legal notices have been posted or published, and completes the necessary arrangements to ensure an effective meeting. The City Clerk is entrusted with the responsibility of recording the decisions which constitute the building blocks of our representative government.

As a Records Manager, the City Clerk oversees yet another legislative process, the preservation and protection of the public record. By statute, the City Clerk is required to maintain and index the Minutes, Ordinances, and Resolutions adopted by the legislative body. The City Clerk also ensures that other municipal records are readily accessible to the public. The public record under the conservatorship of the City Clerk provides fundamental integrity to the structure of our democracy.

FURTHER CONSIDERATIONS
In order to avoid issues regarding lack of qualified application or individuals seeking election to the position of City Clerk, the City Council may take steps to have the position changed from elected to appointed. Pursuant to Government Code section 36508, the City Council may submit a ballot measure to the voters asking whether the elected City Clerk position should be changed to an appointed position by the City Council. However, the City Council cannot submit this question to the electors more often than once in an 11-month period. The ballot language shall be printed in substantially the following form: “Shall the office of city clerk be appointive?” Furthermore, the words “yes” and “no” shall be so printed on the ballots that the voters may express their choice. (Gov. Code, § 36509.) Also, upon the simple majority of votes cast on the proposition for it, the City Council shall appoint the City Clerk at the expiration of the terms of the current City Clerk then in office and on a vacancy in such office. (Gov.

Code, § 36510.) The City Clerk shall hold office during the pleasure of the City Council and is not required to be a resident or elector in the City, which helps with the recruitment and retention of a city clerk. In addition, the City Council may, by ordinance, vest in the City Manager its authority to appoint the City Clerk.

FISCAL IMPACT:

Should the City Council elect to hold a special election, the estimated costs to the city would be $76,486 based on the information received from the Merced County Registrar on January 8, 2025.

ATTACHMENTS:

1. Proposed Citizen Application for Appointment to City Council

Page 378 ends

Please Return To:

Monica Cisneros, Deputy City Clerk
1416 C Street
Livingston CA 95334
(209) 394-5544
cityclerk@livingstonca,gov
(Attach additional pages as necessary.)
{CW129954.1}
FILING DEADLINE: Monday, March 24, 2025 at 4:30 PM.

CITIZEN APPLICATION FOR APPOINTMENT TO CITY CLERK POSITION NAME: _______________________________________________________________ HOME ADDRESS: ______________________________________________________ CONTACT INFORMATION:

Home Phone: _______________ Work: ________________ Cell: _________________ Email: ________________________________________________________________ Method of Contact Preferred: ______________________________________________

LENGTH OF RESIDENCE
at above address: ________ in Livingston _______ in County: _______ OCCUPATION:

Occupation: _______________________ Employer: _______________________ Employer Address: ______________________________________________________ Street City Zip
EMPLOYMENT HIGHLIGHTS:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

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(Attach additional pages as necessary.)
{CW129954.1}
EDUCATION (highest school year, degrees, etc.)
______________________________________________________________________ ______________________________________________________________________

LIST PAST OR PRESENT EXPERIENCE AS A PUBLIC OFFICIAL, MEMBERSHIP ON

THE LIVINGSTON CITY COUNCIL, ANY COUNCIL APPOINTED COMMITTEE OR

COMMISSION, AND/OR ANY OTHER PUBLIC AGENCY, INCLUDING THE TIME PERIODS OF MEMBERSHIP OR APPOINTMENT.
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ PAST AND PRESENT COMMUNITY SERVICE:
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

WHAT DO YOU FEEL ARE YOUR MOST IMPORTANT QUALIFICATIONS FOR APPOINTMENT TO THE CITY CLERK POSITION?
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

Page 380 ends

(Attach additional pages as necessary.)
{CW129954.1}
WHAT DO YOU HOPE TO ACCOMPLISH AS THE CITY CLERK?
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________

PLEASE REVIEW THE ATTACHED DESCRIPTION OF DUTIES AND
RESPONSIBILITIES OF THE LIVINGSTON CITY CLERK POSITION. IS THERE ANY

REASON YOU WOULD BE UNABLE TO FULFILL THESE DUTIES AND
RESPONSIBLITIES?
______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ Please list three (3) references with telephone numbers:

1. ________________________________________________________________

2. ________________________________________________________________

3. ________________________________________________________________

PLEASE NOTE THAT THIS APPLICATION BECOMES PUBLIC INFORMATION I hereby certify that the information contained in this application and any accompanying documents is true and correct to the best of my knowledge. ___________________________ _____________________
Signature of Applicant Date
You are invited to attach additional pages, enclose a copy of your resume or submit supplemental information which you feel may assist the City Council in its evaluation of your application.

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Page 1 of 1 ends

STAFF REPORT
AGENDA ITEM: Discussion and Direction Regarding the Formation of Measure L Oversight Committee and Setting Priorities for Measure L Funding
MEETING DATE: March 18, 2025
PREPARED BY: Christopher Lopez, Interim City Manager
DISCUSSION:

Discussion and direction regarding the formation of Measure L Oversight Committee and setting priorities for Measure L Funding.

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Page 1 of 1 ends

STAFF REPORT
AGENDA ITEM: Discussion and Direction Regarding the Formation of City of Livingston Traffic Commission
MEETING DATE: March 18, 2025
PREPARED BY: Happy Bains, Finance Director/Assistant City Manager DISCUSSION:

Councilmembers Roth, Uppal, Mayor Moran, and Mayor Pro-Tem Samra requested this item to be added for discussion and direction regarding the formation of the City of Livingston Traffic Commission.

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Livingston City CouncilMarch 18, 2025

Livingston City Council
March 18, 2025