(b c) 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 d) Public facilities are currently adequate to serve the proposed use or improvements are included in an approved capital improvement plan or otherwise will be complete prior to the issuance of building permits; and
(d e) The proposed development is consistent with the general plan and any applicable specific plan. If granted, it should be made subject to those conditions necessary to preserve the general welfare, not the individual welfare, of any particular applicant; and (f) The approval of the conditional use permit for the proposed use is in compliance with the requirements of the California Environmental Quality Act (CEQA). (J) Appeal hearing. The applicant, or any interested party, may appeal a decision of the Planning Commission to grant or deny a conditional use permit application. An interested party is anyone who, in person or through a representative, presented testimony at a public hearing in connection with the decision being appealed, or who otherwise informed the city in writing of the nature of their concerns prior to the hearing. The appeal must be filed with the City Council within ten days of the Planning Commission’s determination. The City Council shall set a date for the public hearing and give notice to the Planning Commission of such appeal; whereas the Planning Commission shall submit a report to the City Council, setting forth the reasons for action taken by the Commission prior to the appeal hearing. The City Council shall render its decision within 30 days of said public hearing.
(K) Reapplication. In the event of a denial of a conditional use permit, reapplication on the same or substantially the same exception to this title on the same or substantially the same site shall not be filed within one year from the date of denial. (L) Judicial review. The time to appeal a decision of the City Council pursuant to this section shall be governed by the provisions of Cal. Code of Civil Procedure § 1094.6 as currently enacted.
SECTION 14. Title 5: ZONING REGULATIONS, Chapter 6: ADMINISTRATION of the Livingston Municipal Code is revised to read as follows:
§ 5-6-13 STREAMLINED MINISTERIAL APPROVAL FOR HOUSING
DEVELOPMENT.
(A) Purpose and Intent. The purpose of this Chapter is to establish a streamlined, ministerial approval process for eligible housing development projects in the City of Livingston, as required by Cal. Gov. Code 65913.4.
(B) Definitions. For the purposes of this Chapter, the following definitions shall apply:
1. Affordable Housing Cost. Has the same meaning as defined in Cal. Health and Safety Code 50052.5 or 50053, as applicable.
2. Affordable Rent. Has the same meaning as defined in Cal. Health and Safety Code 50053, as applicable.
3. Area Median Income (AMI). The area median income for Merced County, as published annually by the California Department of Housing and Community Development (HCD).
4. Housing Development Project. A project consisting of any of the following:
(a) Residential units only.
(b) Mixed-use developments with at least two-thirds of the square footage designated for residential use.
(c) Transitional or supportive housing.
(d) Agricultural employee housing.
5. Infill Site. A site that is located within an urbanized area and where at least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses.
6. Streamlined Ministerial Approval. An approval process that is not discretionary and is not subject to the California Environmental Quality Act (CEQA). (C) Eligibility Criteria. A housing development project shall be eligible for streamlined ministerial approval under this Chapter if it satisfies all of the following criteria, as determined by the Community Development Director or their designee:
1. Qualifies for streamlined, ministerial approval under Cal. Gov. Code 65913.4; and
2. Complies with the city's General Plan and zoning standards, as set forth in this code. (D) Application Procedures.
1. Application. The Application shall include all information necessary to determine eligibility under Cal. Gov. Code 65913.4:
(a) Project plans and elevations.
(b) Site plan demonstrating compliance with infill site criteria.
2. Eligibility Determination. Within 60 days of submittal of a complete application for projects with 150 or fewer units, or within 90 days for projects with more than 150 units, the Community Development Director or their designee shall determine whether the project is eligible for streamlined ministerial approval.
(a) If the project is determined to be eligible, the City shall notify the applicant and proceed with the application processing.
(b) If the project is determined to be ineligible, the City shall provide the applicant with a written notice of ineligibility specifying all reasons for the determination. The applicant may appeal the determination in accordance with the City's appeal procedures for planning decisions.
(c) If the City fails to provide a determination within the prescribed timeframes, the project shall be deemed to satisfy the eligibility criteria set forth in this Chapter.
3. Review and Approval. The City shall complete any required design review within 90 days of submittal of a complete Application for projects with 150 or fewer units, or within 180 days for projects with more than 150 units.
(a) Such review shall be objective and strictly focused on assessing compliance with criteria required for streamlined projects, as well as any reasonable objective design standards that were in effect prior to the submittal of the Application. (b) If the project is found to be consistent with all objective planning standards and objective design standards, the City shall approve the project.
SECTION 15. Title 5: ZONING REGULATIONS, Chapter 6: ADMINISTRATION of the Livingston Municipal Code is revised to read as follows:
§ 5-6-14 BY-RIGHT APPROVAL
(A) Purpose. This Chapter specifies the process for reviewing uses entitled to review as a “use by right” as defined in Government Code Section 65583.2. In enacting this Chapter, it is the intent of the City of Livingston to implement State law as well as the goals, objectives, and policies of the General Plan.
(B) Definition. For the purposes of this Chapter, the following definition shall apply:
1. “By-right" shall mean that the review of the project may not require a conditional use permit, planned unit development permit, or other discretionary local government review or
approval that would constitute a “project” under the California Environmental Quality Act as defined in Government Code Section 65583.2.
(C) Eligibility for By-right Approval. The following uses are eligible for by-right approval:
1. Projects that satisfy the criteria outlined below:
(a) Are located on sites listed as lower-income sites in the adopted housing element site inventory pursuant to Government Code Section 65583.2 subdivision (c) that are shown to have been either:
1. vacant and listed in two prior housing element site inventories, or
2. non-vacant and listed in a previous housing element site inventory (b) Twenty (20) percent of the total number of housing units in the project are proposed to be available to lower-income households at affordable rent or affordable housing cost, as applicable.
2. Permanent supportive housing as defined in and that meets all of the requirements of Government Code Sections 65660 et seq.
3. Low barrier navigation centers as defined in Government Code Section 65660 that meets all of the requirements of § 5-5-16 of this title.
4. 100 percent affordable projects located on land that was owned by a religious institution as described in Government Code Section 65913.16.
5. Other projects eligible under state law for by-right approval. (D) Permit Requirements. An applicant for a project eligible for by-right zoning approval shall submit a ministerial plan permit for approval of the design. No discretionary permit or approval is required.
(E) Review of Application.
1. For ministerial plan permit applications listed in this section, Community Development Director, or designee, without notice or hearing, shall consider the application ministerially without discretionary review. When the application is in compliance with the relevant standards, the permit shall be issued. The decision may be appealed to planning commission only by the applicant or the owner of the subject property.
2. The application for the ministerial plan permit shall be reviewed for conformance with objective standards established by the General Plan, applicable Specific Plans, Zoning Code, design standards, and other adopted standards.
3. As provided by Government Code Section 65583.2(i), an eligible project is exempt from the California Environmental Quality Act.
4. Permanent supportive housing shall be reviewed consistent with the provisions of Government Code Sections 65650 et seq. Low barrier navigation centers shall be reviewed consistent with the provisions of Government Code Sections 65650 et seq and §5-5-16 of this title.
(F) Required Findings
1. In granting a ministerial plan permit, the Community Development Director, or designee, shall issue a letter of approval and shall make the following findings:
(a) That the project is eligible for by-right approval under state law. (b) That the project complies with all applicable objective zoning and other adopted standards, including but not limited to design review standards. (c) That the project is granted subject to such applicable conditions as required to meet the standards of the use and zone in which it is located and to comply with applicable design standards.
(G) Interpretation. If any portion of this chapter conflicts with any applicable state law, state law shall supersede this chapter. Any ambiguities in this chapter shall be interpreted to be consistent with state law. Statutory references in this ordinance include successor provisions.
SECTION 16. Title 5: ZONING REGULATIONS, Chapter 7: DEFINITIONS, Section 2: DEFINITIONS OF WORDS AND PHRASES of the Livingston Municipal Code is revised to read as follows:
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABUTTING. Land or zoning district boundaries having a common property line. Lands or district boundaries separated by an alley, street or right-of-way shall be considered ABUTTING.
ACCESSORY BUILDING. A detached subordinate structure or building located on the same premises as the main building or buildings, the use of which is customarily incidental to that of the main building or to the use of the land. Where any portion of a wall of an accessory building or structure is attached to the main building, or where an accessory structure is attached to the main building in a substantial manner by a roof or deck, the ACCESSORY BUILDING or structure shall be considered and treated as part of the main building.
ACCESSORY DWELLING UNIT. An attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking and sanitation on the same parcel as the singlefamily dwelling or multi- family dwelling is or will be situated. An ACCESSORY DWELLING UNIT also includes the an efficiency unit and a manufactured home.
ACCESSORY USE. A use naturally and normally incidental to, subordinate to, or exclusively devoted to a principal use and located on the same lot therewith.
AFFORDABLE HOUSING. Affordable sales housing or affordable rental housing.
AFFORDABLE HOUSING focuses on moderate, low and very low income households as defined herein and by state statute.
AFFORDABLE HOUSING COST. Has the same meaning as defined in Cal. Health and Safety Code 50052.5 or 50053, as applicable.
AFFORDABLE RENT. Has the same meaning as defined in Cal. Health and Safety Code 50053, as applicable.
AGRICULTURE. The tilling of soil, the raising of crops and horticulture, including all uses customarily incidental thereto, but not including slaughterhouses, feed yards, hog farms, fertilizer works, bone yards or plants for the reduction of animal matter or any other industrial or agricultural use which is similarly objectionable because of noise, odor, smoke, dust or fumes.
ALLEY. Any public or private thoroughfare less than 40 feet in width, which affords only a secondary means of access to property, where such property is accessible by a STREET as defined in this section.
APARTMENT. One or more rooms in an apartment house intended or designed to be occupied by one family for living and sleeping purposes and containing kitchen and bath facilities.
APPLICANT. The person, public or private, listed as the applicant on an application for a project and includes the record owner of the real property that is the subject of the project at the time of the application for the project.
AREA MEDIAN INCOME (AMI). The area median family income for Merced County, as published annually by the California Department of Housing and Community Development (HCD).
BASEMENT. That portion of a building between the floor and ceiling which is partly below and partly above grade, but so located that the vertical distance from grade to floor is greater than the vertical distance from grade to ceiling.
BLOCK. All property fronting on one side of a street between intersecting and intercepting streets, or between a street railroad right-of-way, dead end street, waterway, natural barrier or unsubdivided acreage. An intercepting street shall determine only the boundary of the block on the side of the street that it intercepts.
BRIDGE HOUSING. Any new or existing facilities that include supportive and selfsufficiency development services, have the ultimate goal of moving homeless persons to permanent housing as quickly as reasonably possible, and limit rents and service fees to an ability-to-pay formula reasonably consistent with the United States Department of Housing and Urban Development’s requirements for subsidized housing for low-income persons, as further defined in Cal. Gov. Code 8698(e).
BUILDING. Any permanent structure built for the occupancy, support, shelter or enclosure of persons or animals, or personal property of any kind and/or for use in commercial, industrial or other enterprises.
BUILDING, ACCESSORY. A subordinate building such as a carport or garage, the use of which is clearly incidental and secondary to that of the main building, on the same lot or parcel of land.
BUILDING AREA. The total amount of ground area occupied by all buildings and structures on a parcel of land.
BUILDING HEIGHT. The vertical distance from the average level of the highest and lowest point of that portion of the lot covered by the main building to the topmost point of the roof of such building.
BUILDING, MAIN. A building in which is conducted the principal use of the lot upon which it is situated.
BUILDING SITE. The ground area of a building or group of buildings with its principal building fronting on a street, road or highway, together with all yard and open spaces as required by this title.
CANNABIS. Has the same meaning as set forth in Cal. Business and Professions Code § 26001(f) as the same may be amended from time to time. For purposes of this title, CANNABIS and marijuana shall have the same meaning. CANNABIS means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or resin. CANNABIS also means the separated resin, whether crude or purified, obtained from cannabis. CANNABIS does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this definition, CANNABIS does not mean INDUSTRIAL HEMP as defined by Cal. Health and Safety Code § 11018.5.
CANNABIS CULTIVATION. Any activity involving the planting, growing, harvesting, drying, curing, grading or trimming of cannabis, including nurseries.
CANNABIS CULTIVATION AREA. The total aggregate area(s) of cannabis cultivation on a single premises as measured around the outermost perimeter of each separate and discrete area of cannabis cultivation at the drip-line of the canopy expected at maturity and includes, but is not
limited to, the space between plants within the cultivation area, the exterior dimensions of garden beds, garden plots, hoop houses, green houses and each room or area where cannabis plants are grown, as determined by the review authority.
CANNABIS CULTIVATION - INDOOR. The cultivation of cannabis using exclusively artificial lighting.
CANNABIS CULTIVATION - MIXED-LIGHT. The cultivation of cannabis using any combination of natural and supplemental artificial lighting. Greenhouses, hoop houses, hothouses and similar structures or light deprivation systems are included in this category.
CANNABIS CULTIVATION - OUTDOOR. The cultivation of cannabis using no artificial lighting conducted in the ground or in containers outdoors with no covering. OUTDOOR CULTIVATION does not include greenhouses, hoop houses, hothouses or similar structures.
CANNABIS CULTIVATION SITE. The premises, leased area(s), property, location or facility where cannabis is planted, grown, harvested, dried, cured, graded or trimmed, or a location where all or any combination of those activities.
CANNABIS DISPENSARY, DISPENSARY or RETAIL CANNABIS ACTIVITY. A facility, whether fixed or mobile, operated in accordance with state and local laws and regulations, where cannabis and/or cannabis products are offered for retail sale, including an establishment that delivers cannabis and/or cannabis products as part of a retail sale.
CANNABIS DISTRIBUTION FACILITY. The location or a facility where a person conducts the business of procuring cannabis from licensed cultivators or manufacturers for sale to licensed dispensaries or delivery operations, and the inspection, quality assurance, batch testing by a Type 8 licensee, storage, labeling, packaging and other processes, prior to transport to licensed dispensaries or delivery operations. This facility requires a Type 11 license pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act, being Business and Proffesional Professional Code, §§ 26000 et seq., (“MAUCRSA”) or a state cannabis license type subsequently established.
CANNABIS LICENSE. A state license issued pursuant to MAUCRSA.
CANNABIS LICENSEE. A person issued a state license under MAUCRSA to engage in commercial cannabis uses or activity.
CANNABIS MANUFACTURER. A person that produces, prepares, propagates or compounds manufactured cannabis or cannabis products, either directly or indirectly or by extraction methods, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or re-labels its container, that holds a valid state Type 6 or 7 license, or a state cannabis license type subsequently established, and that holds a valid local license or permit.
CANNABIS MANUFACTURING. A facility, whether fixed or mobile, that produces, prepares, propagates or compounds manufactured cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and is owned and operated by a licensee for these activities.
CANNABIS NURSERY. A licensee that produces only clones, immature plants, seeds and other agricultural products used specifically for the planting, propagation and cultivation of cannabis.
CANNABIS PRODUCTS. Cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.
CANNABIS TESTING SERVICE or CANNABIS TESTING LABORATORY. A laboratory, facility or entity that offers or performs tests of cannabis or cannabis products, including the equipment provided by such laboratory, facility or entity.
CAREGIVER or PRIMARY CAREGIVER. Has the same meaning as set forth in Cal. Health and Safety Code § 11362.7 as the same may be amended from time to time.
CARPORT. A permanent roofed structure, not enclosed on more than two sides, used or intended to be used for vehicular shelter and storage.
CENTERLINE. The centerline of a street as referred to in this title shall mean the right-of-way centerline as established by official survey.
CHILD CARE CENTER. Has the same meaning as “child day care facility” in Cal. Health and Safety Code § 1596.750, and as “day care center” in Cal. Health and Safety Code § 1596.76, as both may be amended from time to time: any child care facility, and includes infant centers, preschools, extended day care facilities and school-age child care centers where nonmedical care is provided to children under 18 years of age in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis.
CITY MANAGER. The City Manager or his or her designee(s).
COMMERCIAL CANNABIS ACTIVITY or COMMERCIAL CANNABIS USES. Any commercial cannabis activity licensed pursuant to MAUCRSA, including but not limited to, cultivation, possession, distribution, laboratory testing, labeling, transport, retail activity, delivery, sale or manufacturing of cannabis or cannabis products. COMMERCIAL CANNABIS USES also means any cannabis activity licensed pursuant to additional state laws regulating such businesses.
COMMERCIAL CANNABIS USES shall not include legal medical cannabis or cannabis activities carried out exclusively for one’s personal use that does not involve commercial activity or sales.
COMMERCIAL CANNABIS PERMIT or CANNABIS PERMIT. A permit issued by the city pursuant to this title and § 5-5-14 of this title for the operation of a commercial cannabis business within the city.
COMMUNITY CRISIS HOME. An adult residential facility, providing 24-hour nonmedical care to individuals with developmental disabilities receiving regional center service, in need of crisis intervention services, as further defined in Cal. Heath and Safety Code 1502.
CONCESSION OR INCENTIVE. A reduction in site development standards or a modification of zoning code or architectural design requirements, such as a reduction in setback or minimum square footage requirements, approval of mixed-use zoning, or other regulatory incentives or concessions which actually result in identifiable and actual cost reductions.
CONDOMINIUM. A building/structure wherein the owner holds title to his or her dwelling unit while sharing title to the land and other common areas of the development and sharing maintenance/operating costs with other dwelling unit owners through a condominium corporation.
COURTYARD. An open, unoccupied space, other than a yard on the same lot with a building, and bounded on two or more sides by such building or buildings.
CULTIVATION SITE. Shall have the same meaning as set forth in Cal. Business and Professions Code § 26001(m) as the same may be amended from time to time.
DENSITY BONUS. Entitlement to build additional residential units above the maximum number of units permitted pursuant to the existing general plan, applicable specific plan and zoning designations, and subject to Cal. Gov’t Code §§ 65915 et seq. Density bonus units may be
constructed only in developments where units of affordable housing are located. DENSITY BONUS means a bonus of units awarded to a development pursuant to Cal. Gov’t Code §§ 65915 et seq.
DISTRIBUTOR. Any commercial cannabis operation that distributes cannabis or cannabis products under a valid state Type 11, or a state cannabis license type subsequently established.
DISTRICT. An area of the city defined on the official zoning map within which certain uses of land and building regulations and requirements or various combinations thereof apply under provisions of this title.
DWELLING. A building or portion thereof designed and used exclusively for residential occupancy with cooking and bath facilities. Uses include single-family, two-family, multiplefamily dwellings and apartments, but not hotels or motels or boarding houses.
DWELLING GROUP. A group of two or more detached or semidetached dwellings occupying a parcel of land in one ownership and having a yard, court or place in common, but not including motels.
EASEMENT. A space on a lot or parcel of land and so indicated on a subdivision map or in a deed restriction, reserved for and/or used for public utilities and/or public uses.
EFFICIENCY UNIT. Has the same meaning as defined in Cal. Health and Safety Code §17958.1.
ENHANCED BEHAVIORAL SUPPORTS HOME. An adult residential facility or a group home that provides 24-hour nonmedical care to individuals with developmental disabilities who require enhanced behavioral supports, staffing, and supervision in a homelike setting, as further defined in Cal. Heath and Safety Code 1502.
FAMILY. One or more persons occupying a dwelling unit and living as a single housekeeping unit, and distinguished from a group occupying a boarding house, lodging house, motel or hotel.
FAMILY HOME, FOSTER. Any residential facility providing 24-hour care for six or fewer foster children that is owned, leased, or rented and is the residence of the foster parent or parents, including their family, in whose care the foster children have been placed. The placement may be by a public or private child placement agency or by a court order, or by voluntary placement by a parent, parents, or guardian. It also means a foster family home described in Cal. Health and Safety Code 1505.2.
FAMILY HOME, SMALL. Any residential facility, in the licensee’s family residence, that provides 24-hour care for six or fewer foster children who have mental disorders or developmental or physical disabilities and who require special care and supervision as a result of their disabilities. A small family home may accept children with special health care needs, pursuant to Cal. Welfare and Institutions Code 17710(a). In addition to placing children with special health care needs, the department may approve placement of children without special health care needs, up to the licensed capacity.
FENCE. A constructed, unroofed barrier of wood, metal, masonry or other material as allowed in this zoning ordinance that is intended to enclose, separate, define, secure, protect, and/or screen one or more areas of a site.
GARAGE, PRIVATE CARPORT. A building or portion of a main building, enclosed on three or more sides and designed for the storage of private passenger motor vehicles wherein no service for profit is rendered.
GARAGE, PUBLIC. The use of any building for the storage, care or repair of motor vehicles for compensation and profit.
GENERAL PLAN. Statement of goals and policies and all amendments thereto, adopted by the City Council as a long range, comprehensive guide to the city’s growth and development.
GRADE. The ground surface immediately adjacent to the exterior base of a structure, typically used as the basis for measurement of the height of the structure.
GROUP HOME. A residential facility that provides 24-hour care and supervision to children, delivered at least in part by staff employed by the licensee in a structured environment. The care and supervision provided by a group home shall be nonmedical, except as otherwise permitted by law.
GUESTHOUSE. A detached structure necessary to a single-family dwelling, accommodating living/sleeping quarters, but without kitchen or cooking facilities.
HOUSING FIRST. An evidence-based model that uses housing as a tool, rather than a reward, for recovery and that centers on providing or connecting homeless people to permanent housing as quickly as possible, as defined in Cal. Welfare and Institutions Code 8255. Housing First providers offer services as needed and requested on a voluntary basis and that do not make housing contingent on participation in services.
INFILL SITE. A site that is located within an urbanized area and where at least 75 percent of the perimeter of the site adjoins parcels that are developed with urban uses.
JUNIOR ACCESSORY DWELLING UNIT. A unit that is no more than 500 square feet in size and contained entirely within a single-family residence. A JUNIOR ACCESSORY DWELLING UNIT may include separate facilities, or may share sanitation facilities within the existing structure.
JUNK. Any worn out, cast off or discarded article or material that is ready for destruction or has been collected or stored for salvage or conversion to some other use. Any article or material which, unaltered or unchanged and without further reconditions, can be used for its original purpose as readily as when new, shall not be considered JUNK.
JUNKYARD. Primary or accessory use of a parcel of land for the storage or keeping of junk, including scrap metals or other scrap materials.
KITCHEN. A room or space within a building used or intended to be used for the cooking or preparation of food, which includes any of the following: refrigerator; stove; oven; range top; dishwasher; and kitchen sink.
LANDSCAPING. The planting and continued maintenance of ornamental plant material including the installation, use and continued maintenance of a permanent irrigation system.
LIVESTOCK ANIMALS. Animals of a category normally referred to as livestock, including horses, goats, sheep or cattle, but not including swine.
LOADING SPACE, OFF-STREET. An off-street space or berth on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.
LIVING AREA. The interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure.
LOADING SPACE, OFF STREET. An off street space or berth on the same lot with a building or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.
LOT. A parcel of land occupied or to be occupied by a use, building or a unit group of buildings and accessory buildings and uses, under the provisions hereof, including both the building site and
all required yards and other open spaces as defined in this title, and having the required street frontage.
1. LOT AREA. The total horizontal area included within lot lines of a parcel of land.
2. LOT, CORNER. A lot located at the intersection of two or more streets or bounded on two or more adjacent sides by street lines.
3. LOT DEPTH. The horizontal length of a straight line drawn from the midpoint of the front lot line to the midpoint of the rear lot line.
4. LOT FRONT. The portion of any lot that is adjoining a public street. Where a rectangular or roughly rectangular shaped lot is a corner lot, that portion which adjoins a street and is the lesser, measured linearly, than any other portion adjoining any other street, is the front of the corner lot.
Where portions adjoin two or more streets and the linear measurements of each such adjoining portions are the same, then the front of the lot shall be determined at the option of the owner, but once such front has been so determined, such portion shall be the front of the lot for all purposes provided in this title.
5. LOT, INTERIOR. A lot other than a corner lot.
6. LOT, KEY. The first lot to the rear of a corner lot, the front line of which is a continuation of the side line of the corner lot, exclusive of the width of any alley and fronting on the street which intercepts the street on which the corner lot fronts.
7. LOT, REVERSED CORNER. A corner lot, the side street line of which is substantially a continuation of the front line of the lot to its rear.
8. LOT, THROUGH. A lot having frontage on two parallel or approximately parallel streets.
9. LOT WIDTH. The horizontal distance between side lot lines measured at right angles to the lot depth at the required front setback line.
LOT LINE.
1. LOT LINE, FRONT. A line defining the front lot. The front lot line for lots fronting on a curved street shall be determined by measuring a cord located 25 feet from the edge of the street right-of-way.
2. LOT LINE, REAR. A line which is opposite and most distant from the front lot line, and in the case of an irregular, triangular or gore shaped lot, a line within a lot ten feet in length, parallel to and at the maximum distance from the front lot line.
3. LOT LINE, SIDE. Any lot lines other than the front or rear lot lines.
LOW INCOME HOUSEHOLDS. Households whose income do not exceed 80 percent of the area median income.
MANUFACTURE. To compound, blend, extract, infuse or otherwise make or prepare a cannabis product.
MANUFACTURED CANNABIS. Raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, an edible product, or a topical product.
MANUFACTURER. A licensee that conducts the production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container.
MEDICAL CANNABIS or MEDICINAL CANNABIS. Cannabis that is intended to be used for medical cannabis purposes in accordance with the Compassionate Use Act, being Cal. Health and Safety Code §§ 11362.5 et seq., (“CUA”), the Medical Marijuana Program Act, being Cal. Health
and Safety Code §§ 11362.7 through 11362.85, (“MMPA”) and the Medicinal and MAUCRSA Act, being Business and Proffessional Code §§ 26000 et seq.
MICROBUSINESS. A commercial cannabis facility operating under a state Type 12 license, or a state cannabis license type subsequently established, and meeting the definition of microbusiness Cal. Business and Professions Code § 26070(a)(3)(A), as may be amended from time to time, which cultivates less than 10,000 square feet of cannabis and acts as a licensed distributor, Level 1 manufacturer and retailer.
MODERATE INCOME HOUSEHOLDS. Households whose income is between 80 percent and 120 percent of the area median income.
NURSERY. Shall have the same meaning as set forth in Cal. Business and Professions Code § 26001(ak), and is a commercial cannabis use that produces only clones, immature plants, seeds and other agricultural products used specifically for the propagation and cultivation of cannabis.
OPEN SPACE. Land which is available for outdoor recreational activities, passively or actively, for public or private use.
OPERATOR. The natural person or designated officer responsible for the operation of any commercial cannabis use.
OUTDOOR DINING AREA. An area for dining which is not located within an enclosed structure and where patrons may consume food and/or beverages provided by an abutting restaurant/café. Such restaurants/cafés may either provide table service in the outdoor dining area or sell takeout items to be consumed in the OUTDOOR DINING AREA. All alcohol served outdoors (beer, wine, hard alcohol) and amplified live entertainment requires a conditional use permit.
OVERLAY ZONE. A supplementary zoning designation applied to property in addition to a primary zoning district that highlights special regulations applying to those properties within the overlay zoning district.
PARKING AREA, PUBLIC. An open area, other than a street or alley which is paved, graveled or otherwise surfaced, and used for the parking or storage of vehicles and available for public use whether free, for compensation or as an accommodation for patrons, customers or clientele of a business, professional office or other commercial enterprise.
PARKING SPACE. A space within a lot or public parking area or a building or parking garage exclusive of driveways, ramps, columns, office and work area, for the temporary parking or storage of one vehicle.
PERSON. An individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, tribe or any other group or combination acting as a unit and includes the plural as well as the singular number.
PERSONAL CANNABIS CULTIVATION. Cannabis cultivation which is allowed for a single qualified patient or caregiver for medicinal purposes or that cultivation which is allowed for an adult 21 years of age or older.
PLANNED DEVELOPMENT. An area of land controlled by a landowner, which is, has been or is proposed to be developed as a single entity for any residential or neighborhood commercial endeavor, the plan for which need not conform in lot size, bulk or type of structure, number of structures per lot, height or yard regulations established for the affected district or districts by any other articles of this title. Such development will be permitted only after a planned unit permit is secured.
PREMISES. A legal parcel, or a leasehold interest in land, or a leased or owned space in a building where the commercial cannabis use or activity is or will be conducted.
PRIVATE ALTERNATIVE BOARDING SCHOOL. A group home licensed to operate a program pursuant to Cal. Health and Safety Code 1502.2 to provide youth with 24-hour residential care and supervision, that, in addition to providing educational services to youth, provides, or holds itself out as providing, behavioral-based services to youth with social, emotional, or behavioral issues. The care and supervision provided by a private alternative boarding school shall be nonmedical, except as otherwise permitted by law.
PRIVATE ALTERNATIVE OUTDOOR PROGRAM. A group home licensed to operate a program pursuant to Cal. Health and Safety Code 1502.21 to provide youth with 24-hour residential care and supervision, that provides, or holds itself out as providing, behavioralbased services in an outdoor living setting to youth with social, emotional, or behavioral issues. The care and supervision provided by a private alternative outdoor program shall be nonmedical, except as otherwise permitted by law.
PUBLIC TRANSIT. A location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes and are available to the public.
QUALIFYING PATIENT or QUALIFIED PATIENT. Has the same meaning as set forth in Cal.
Health and Safety Code § 11362.7 as the same may be amended from time to time.
RECUPERATIVE CARE. Programs provide room, board, and medical care coordination in a post-acute care setting for people experiencing homelessness who are too ill or frail to recover from a physical illness or injury on the streets or in shelter, but who are not ill enough to be in a hospital.
RESIDENTIAL CARE FACILITIES. A family home, group care facility, or similar facility, for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual, as defined in Cal. Health and Safety Code 1502.
RESPITE CARE. 24-hour relief for the parent or guardian and care for the patient. 24-hour inpatient respite care includes, but is not limited to, 24-hour nursing care, meals, socialization, and developmentally appropriate activities. Limited to no more than 30 intermittent or continuous whole calendar days per patient per calendar year and further defined in Cal. Health and Safety Code 1760.2.
REVIEW AUTHORITY. The individual or official city body (the City Manager, Director, Council, commission or board) and others as identified in this code as having the responsibility and authority to review and approve or deny land use permit applications.
SALE, SELL and TO SELL. Have the same meaning as set forth in Cal. Business and Professions Code § 26001(au), as the same may be amended from time to time; any transaction whereby, for any consideration, title to cannabis is transferred from one person to another, and includes the delivery of cannabis or cannabis products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of cannabis or cannabis products by a licensee to the licensee from whom such cannabis or cannabis product was purchased.
SCHOOL. Any public or private school providing instruction to students in kindergarten or any grades 1 through 12.
SENIOR HOUSING. Housing designed to meet the needs of senior citzens aged 55 years of age or older, as defined in Cal. Civil Code 51.2 and 51.3.
SHIPPING CONTAINER. Any enclosed container constructed of metal, wood or other material which container was designed or patterned after structures used in containerized shipping
operations. No SHIPPING CONTAINER or similar structure shall be used as an accessory structure in any residential or commercial zoning district unless granted a temporary use permit pursuant to § 5-6-9 of this title. SHIPPING CONTAINERS shall be painted an approved neutral color, allowing it to blend in with its surroundings.
SHORT-TERM RESIDENTIAL THERAPEUTIC PROGRAM. A residential facility operated by a public agency or private organization and licensed pursuant to Cal. Helath and Safety Code 1562.01 that provides an integrated program of specialized and intensive care and supervision, services and supports, treatment, and short-term, 24-hour care and supervision to children that is trauma-informed, as defined in standards and regulations adopted by the Department of Social Services. The care and supervision provided by a shortterm residential therapeutic program shall be nonmedical, except as otherwise permitted by law. Private short-term residential therapeutic programs shall be organized and operated on a nonprofit basis. A short-term residential therapeutic program may be operated as a children’s crisis residential program.
SIGHT DISTANCE AREA. A triangular area, on a corner lot or reverse corner lot bounded by the lot line of such corner lot and a line joining points along such lot lines measured from the intersection of two property lines or their projection to a distance equal to the sum of the building setbacks on each of the two intersecting streets.
STORY. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level directly above a basement or cellar is more than six feet above grade, such basement or cellar shall be considered a STORY.
STREAMLINED MINISTERIAL APPROVAL. An approval process that is not discretionary and is not subject to the California Environmental Quality Act (CEQA).
STREET. A public thoroughfare that affords principal means of access to abutting property, including avenue, place, way, boulevard, drive, lane, highway, road and any thoroughfare except an ALLEY as defined herein.
STRUCTURAL ALTERATION. Any change in the supporting members of a building, including bearing walls, columns, beams or girders, floor joist, ceiling joist or roof rafters, foundations, piles or retaining walls or similar components or changes in roof or exterior lines.
STRUCTURE. A building completely enclosed and detached from a residence that complies with the California Building Code, as adopted by the city, and has a complete roof enclosure supported by connecting walls extending from the ground to the roof, a foundation, slab or equivalent base to which the floor is secured by bolts or similar attachments, is secure against unauthorized entry, and is accessible only through one or more lockable doors.
SUPPORTIVE HOUSING. Housing with no limit on length of stay, that is occupied by the target population and that is linked to on site or off site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community. SUPPORTIVE HOUSING UNITS are residential uses allowed in any zone allowing residential uses, subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zone.
SWIMMING POOL. A structure designed to contain water in excess of 18 inches in depth, located above or below grade or ground surface, commonly constructed of concrete, metal, wood, fiberglass, and/or plastic, and designed and used for recreation or therapy.
TARGET POPULATION. Persons with low income who have one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health condition, or individuals eligible for services provided pursuant to the Lanterman Developmental Disabilities Services Act, being Cal. Welfare and Institutions Code, Division 4.5, Services for the Developmentally Disabled, §§4500 through 4885, and may include, among other populations, adults, emancipated minors, families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans and homeless people.
TESTING LABORATORY. Shall have the same meaning as set forth in Cal. Business and Professions Code § 26001(av), and means a laboratory, facility or entity in the state that offers or performs tests of cannabis or cannabis products and that is both of the following: credited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the state and licensed by the State Bureau of Cannabis Regulation.
TRANSITIONAL HOUSING. Rental housing operated under program requirements that call for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months from the beginning of the assistance. TRANSITIONAL HOUSING UNITS are residential uses allowed in any zone allowing residential uses, subject only to those requirements and restrictions that apply to other residential uses of the same type in the same zone.
TRANSITIONAL SHELTER CARE FACILITY. Any group care facility that provides for 24-hour nonmedical care of persons in need of personal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual.
TRANSITIONAL YOUTH. A person whose dependency was established or continued by a court of competent jurisdiction, including a tribal court, on or after the youth’s 13th birthday and who is no older than 25 years of age, as defined in the Cal. Education Code 66025.9
USE. The purpose for which land or a building is arranged, designed or intended for which either land or a building is or may be occupied or maintained.
VERY LOW INCOME HOUSEHOLDS. Households whose income do not exceed 50 percent of the area median income.
VOLATILE SOLVENT. Means volatile organic compounds, including but not limited to:
1. Explosive gases, such as butane, propane, xylene, styrene, gasoline, kerosene, O2 or H2; and
2. Dangerous poisons, toxins, or carcinogens, such as methanol, methylene chloride, acetone, benzene, toluene, and tri-chloro-ethylene as determined by the Fire Marshal.
YARD. An open space other than a court, on the same lot with a building, unoccupied and unobstructed from the ground upward except as otherwise provided therein.
1. YARD, FRONT. A yard extending across the full width of the lot, the depth of which is the distance between the front property line and the setback line.
2. YARD, REAR. A yard extending across the full width of the lot between the most rear main building and the rear property line. The depth of the required REAR YARD shall be measured horizontally from the nearest part of a main building toward the nearest point of the rear property line.
3. YARD, SIDE. A yard, between a main building and the side property line, extending from the front yard to the rear yard. The width of the required SIDE YARD shall be measured horizontally from the nearest point of the side property line toward the nearest part of the main building.
YOUTH CENTER. Has the same meaning as in Cal. Health and Safety Code § 11353.1, as may be amended from time to time: any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades or similar amusement park facilities.
ZONE. A “district” as defined in this title. Portions of territory in the city within which certain uniform regulations and requirements or various combinations apply pursuant to this title.
ZONING MAP. An official map subscribed by the city and on file with the city that serves to delineate the boundaries of each “district” as defined herein.
SECTION 17. Effective Date. This Ordinance shall become effective thirty (30) days after its final passage and adoption.
Introduced: ___________, 2026
Passed and Adopted: _________________, 2026
JOSE MORAN, Mayor
of the City of Livingston
ATTEST:
State of California )
County of Merced )
City of Livingston )
I hereby certify that the foregoing Ordinance was duly introduced at a Regular Meeting of the City Council of the City of Livingston on the third day of March, 2026, and was passed and adopted at a Regular Meeting of the City Council of the City of Livingston this ____ day of _____, ____, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Monica Cisneros, Deputy City Clerk
of the City of Livingston
- -
RESOLUTION NO. 2026-02
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
LIVINGSTON RECOMMENDING TO THE CITY COUNCIL APPROVAL OF A ZONING ORDINANCE TEXT AMENDMENT TO TITLE 5, CHAPTER 2,
SECTION 5-2-2 RESIDENTIAL, CHAPTER 2, SECTION 5-2-3: COMMERCIAL, CHAPTER 3, SECTION 5-3-15: LAND USE REGULATIONS (ZONING MATRIX), CHAPTER 3, SECTION 5-3-16: LOT DEVELOPMENT STANDARDS, CHAPTER 4, SECTION 5-4-5: OFF-STREET PARKING AND LOADING, CHAPTER 5: SPECIFIC USE REGULATIONS, CHAPTER 5, SECTION 5-5-1:
DENSITY BONUSES, CHAPTER 6, SECTION 5-6-1: POWERS AND DUTIES, CHAPTER 6: ADMINISTRATION, CHAPTER 6, SECTION 5-6-7: SITE PLAN AND DESIGN REVIEW, CHAPTER 6, SECTION 5-6-9: USE PERMIT, TEMPORARY AND CONDITIONAL, AND CHAPTER 7, SECTION 5-7-2:
DEFINITIONS OF WORDS AND PHRASES
WHEREAS, pursuant to Title 5, Chapter 6, Section 2 (B) 4 of the Livingston Municipal Code (LMC), the City Planner, by the Authority of the City Manager, has prepared text amendments to the language of Title 5, Chapters 2, 3, 4, 5, 6, and 7 of the LMC related to housing development and standards; and WHEREAS, the Planning Commission, has reviewed the proposed text amendments at a duly noticed public hearing on January 13, 2026, and has fully considered all comments whether orally or in writing regarding the proposed text amendments; and
WHEREAS, LMC Section 5-6-2 (A) states that City zoning regulations shall be consistent with the General Plan in accordance with California Government Code, Section 65860 and the Planning Commission determines that the proposed text amendments are consistent with the 1999 Livingston General Plan Objective A, "Designate and allow for the development of a wide range of residential housing types in the City including housing for middle and upper income families to meet the needs of all Livingston residents"; and
WHEREAS, staff has reviewed the project with reference to the 1999 General Plan, and the Zoning Ordinance (specifically Sections 5-2-2, 5-2-3, 5-3-15, 5-3-16, 5-4-5, 5-5-1, 5-6-1, 5-6-7, 5-6-9, and 5-7-2); and finds that, based on the evidence documented within the associated staff report and proceedings of the public hearing, is generally consistent with the General Plan.
WHEREAS, the proposed text amendments are categorically exempt from the California Environmental Quality Act ("CEQA") under the CEQA Guidelines, Section 15061 (b)(3), the "Common Sense Exemption," because it can be seen with certainty that the activity will not have a significant effect on the environment.
NOW, THEREFORE, BE IT RESOLVED that the Livingston Planning Commission hereby adopts Resolution 2026-02, recommending that the City Council amend the LMC, as provided for in attached Exhibit A.
1
The foregoing resolution was introduced and moved for adoption on January 13, 2026, by Commissioner Steve Bassi, and being duly seconded by Commissioner Jose Flores, was passed by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ATTEST:
Jasneil Singh, JT Mann, Jose Flores, Renee Mendonca, Steve Bassi None
None
None
Miguel Galve ,
Secretary o t e Planning Commission
2
STAFF REPORT
AGENDA ITEM: Public Hearing – Staff Recommends the City Council Adopt a Resolution Approving Parcel Map (PM 2025-01), Site Plan and Development Review (SPDR 2025-04), Exception to Subdivision Ordinance (EXCPN 2025-01) – To Allow For The Parcel To Be Split Into Two New Parcels and the Development Of Two Single-family Homes With Attached Accessory Dwelling Units on The newly Created Parcels located At 612 East Avenue (APN: 024-100-036).
MEETING DATE: March 3, 2026
PREPARED BY: Jailah Smith, Contract City Planner
REVIEWED BY: Jose Ramirez, City Manager
RECOMMENDATION:
Staff recommends the City Council Adopt a Resolution approving Parcel Map 2025-01 and Exception to the Subdivision Ordinance 2025-01 to allow for the parcel to be split into two new parcels and the development of two single-family homes with attached accessory dwelling units on the newly created parcels located at 612 East Avenue (APN: 024-100-036).
BACKGROUND AND DISCUSSION:
The Applicant and Owner, Frank Sequeira, is requesting a Parcel Map, Site Plan and Development Review, and Exception to Subdivision Ordinance (EXCPN 2025-01) to divide a vacant parcel located at 612 East Avenue into two parcels to develop two single family homes with accessory dwelling units.
The Project Site is identified as Assessor Parcel Number 024-100-036.
ANALYSIS:
The Proposed Project site is located at 612 East Avenue and is 0.36 acres in size. A Location Map, which illustrates the Proposed Project’s location, is provided below:
Each parcel will contain a single-family home and an accessory dwelling unit (ADU).
Parcel Map
As stated above, the Proposed Project includes a parcel map to subdivide the 0.36-acre parcel into two new parcels. Parcel 1 will be 7,922 square feet with a lot width of 53.39 feet and a lot depth of 148.37 feet. Parcel 2 will be 7,921 square feet with a lot width of 53.39 feet and a lot depth of 148.35 feet. See the Plot Plan below for reference.
Site Plan and Development Review
The Proposed Project includes the development of a 918 square foot single family home and a 918 square foot attached ADU on each parcel. Each single-family home will consist of two bedrooms, one bathroom, living room, in-unit laundry, and kitchen/dining area. Each ADU will consist of two bedrooms, one bathroom, living room, in-unit laundry, and kitchen/dining area.
Each parcel will contain 3 off-street parking spaces. The Proposed Project will connect to existing City utilities. New driveways will be installed, and landscaping improvements will be provided.
The proposal meets the City’s Zoning Development Standards with respect to setbacks, height, lot coverage, and off-street parking.
Exception to Subdivision Ordinance:
The current application requests an Exception to the Subdivision to allow for the development of the two parcels with a lot width of 53.39 feet. The Livingston Municipal Code (LMC) 5-3-16, Table 7, Lot Configurations identifies a minimum lot width requirement of 70 feet. Exceptions to the subdivision regulations may be approved under LMC 6-11, Exceptions. Per LMC 6-11-2, the following findings must be met:
1. That there are exceptional circumstances or conditions that affect said property or the reasonable use thereof.
The Proposed Project presents an exceptional circumstance as the property has the necessary depth and square footage for the proposed parcel spilt, however, the low width does not meet the requirements.
2. That the exception is necessary to preserve a substantial property right and permit the enjoyment thereof.
I
I
The Project site is zoned for Low Density Residential, which is what is being proposed.
3. That the granting of the exception will not be detrimental to the public safety, health and welfare.
The Proposed Project generally meets the required development standards related to lot size, lot coverage, setbacks, parking, and height. The Project site will be served by existing utilities and poses no environmental impacts to surrounding development.
4. That the granting of the exception will not be injurious to or prevent the logical development of other property in the immediate area.
The Proposed Project is an in-fill development and is surrounded by urban development.
Staff finds that the Proposed Project meets the findings listed above.
ISSUES
Staff did not identify any issues with the Proposed Project and exception.
GENERAL PLAN
The 1999 Livingston General Plan included the following Land Use Objectives:
• 3.2 Objective B: Promote stable, high quality residential neighborhoods. o Policy 5: In order to encourage infill development, flexible design standards should be developed which meet the intent of the General Plan.
The 2016 Adopted Housing Element identified the following Housing Goals and Policies. • Goal 1: Housing and Economic Diversity - Promote the development of a balanced residential environment, including a range of housing types, with access to employment opportunities, community facilities, and adequate services to meet the needs of residents and persons working in Livingston.
o Policy 1.1: Encourage the development of a variety of housing types at various prices in order to maintain a diverse housing stock for residents of all income levels.
• Goal 2: Adequate Sites - Maintain an adequate supply of appropriately zoned sites in order to meet Livingston’s housing needs.
o Policy 2.2: Encourage infill housing in residential districts where services and infrastructure are available.
ENVIRONMENTAL REVIEW:
The proposed PM, SPDR, and EXCPN is eligible for a Categorical Exemption under the following classification of the California Environmental Quality Act (CEQA) Guidelines: Article 19, Section 15332 – In-Fill Development Projects. This Exemption applies to Projects within the City Limits that are consistent with the General Plan and Zoning Ordinance, provided all utilities and City services are available, no more than 5 acres in size on land with no value as habitat for endangered, rare, or threatened species. The project site is within a developed urban location
and complies with all of the above listed conditions to qualify for this categorical exemption. This development would also have no significant effects relating to traffic, noise, air, or water quality.
PLANNING COMMISSION ACTIONS AND RECOMMENDATION:
The Planning Commission held a Public Hearing on February 10, 2026, to consider this Proposed Project. Staff attended the meeting to present the Proposed Parcel Map, Site Plan and Design Review, and Exception to the Subdivision Ordinance and answer questions from the Commission.
There were no questions from members from the public in attendance. At the conclusion of the public comments, the Commission voted 5-0 to approve a Resolution to approve the Site Plan and Design Review and to approve a Resolution recommending approval of the Parcel Map and Exception to the Subdivision Ordinance to the City Council, subject to findings contained in the Resolution.
PUBLIC NOTICE
A Public Hearing Notice announcing the proposed Parcel Map and Exception to the Subdivision Ordinance was published in the newspaper on February 20, 2026. Any public comments received will be provided to the City Council on the Hearing date.
FISCAL IMPACT:
There is no fiscal impact.
RECOMMENDATION:
Staff recommends the City Council approve Resolution 2026-XX approving Parcel Map No. 2025- 01 and Exception to Subdivision Ordinance No. 2025-01 for the Proposed development at 612 East Avenue.
ATTACHMENTS:
1. City Council Resolution
2. Project Location Maps
3. Proposed Plot Plan
4. Building Elevations
5. Floor Plan
6. Project Rendering
7. Proposed Parcel Map Plot Plan
-
ATTACHMENT 1
RESOLUTION NO. 2026-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING PARCEL MAP 2025-01 AND EXCEPTION TO THE
SUBDIVISION ORDINANCE 2025-01 TO ALLOW FOR THE PARCEL TO BE
SPLIT INTO TWO NEW PARCELS AND THE DEVELOPMENT OF TWO
SINGLE-FAMILY HOMES WITH ATTACHED ACCESSORY DWELLING UNITS ON THE NEWLY CREATED PARCELS LOCATED AT 612 EAST AVENUE, LIVINGSTON, CA, (APN: 024-100-036)
WHEREAS, pursuant to Livingston Municipal Code (“LMC”) Section 5-6-7, Frank Sequeira, owner and applicant, submitted Parcel Map 2025-01 and Exception to the Subdivision Ordinance 2025-01 to allow for the parcel to be split into two new parcel and the development of two single-family homes with attached accessory dwelling units on the newly created parcels located at 612 East Avenue, Livingston, CA (Assessor Parcel Number 024-100-036); and
WHEREAS, the project site is zoned R-1, (Low Density Residential), and has a General Plan Designation of LD, Low Density Residential according to the official Zoning Map of the City of Livingston and the 1999 Livingston General Plan; 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 and the Zoning Ordinance; and finds that, based on the evidence documented within the associated staff report and proceedings of the public hearing, the proposed use, and its site plan and design, is generally consistent with the General Plan and is permitted and complied with the Zoning Ordinance; and
WHEREAS, the Planning Commission, reviewed the proposed Parcel Map, Site Plan and Design Review, and Exception to the Subdivision Ordinance at a duly noticed public hearing on February 10, 2026, and fully considered all comments whether orally or in writing regarding the proposed use permit; and WHEREAS, the Planning Commission, in a vote of 5-0, approved a Resolution to approve the Site Plan and Design Review and a Resolution recommending approval of the Parcel Map and Exception to the Subdivision Ordinance to the City Council, subject to findings contained in the Resolution; and
WHEREAS, the proposed Site Plan and Design Review is categorically exempt from the California Environmental Quality Act (“CEQA”) under the CEQA Guidelines, Section 15332, “In-Fill Development Projects”, meeting the following conditions: (a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations, (b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses, (c) The project
site has no value, as habitat for endangered, rare or threatened species, (d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality, and (e) The site can be adequately served by all required utilities and public services.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LIVINGSTON HEREBY:
1. Approves Parcel Map No. 2025-01 and Exception to the Subdivision Ordinance No. 2025-01 for the property located at 612 East Avenue.
2. Incorporates and approves the Conditions of Approval within Exhibit A.
I hereby certify that the foregoing Resolution No. 2026-___ 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 3rd day of March 2026, by the vote recorded as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
By: ______________________________
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
____________________________________
Marc Barraza Tran, City Attorney
of the City of Livingston
•
Exhibit A
PM No. 2025-01 – Conditions of Approval
Frank Sequeira, for the creation of two parcels at 612 East Avenue, Livingston, CA ------------------------------------------------------------------------------------------------------------------------------
1. All minimum Conditions of subdivision approval in the Subdivision Ordinance are included by reference.
2. The Parcel Map shall comply with all provisions of the Subdivision Map Act.
3. Applicant shall provide all required documents as determined by the City of Livingston and City Surveyor for review and approval of the Parcel Map application and recording thereof.
4. Parcel Map documents shall be prepared under the direct supervision of, and stamped and signed by a California licensed surveyor.
Attachment 2
Aerial Vicinity Map
Parcel Map No. PM 2025-01 and Exception to Subdivision Ordinance No. EXCPN 2025-01 for a parcel split and two (2) single family developments at 612 East Avenue.
Project Site CJ
Close up Aerial Map
Parcel Map No. PM 2025-01 and Exception to Subdivision Ordinance No. EXCPN 2025-01 for a parcel split and two (2) single family developments at 612 East Avenue.
Project Site CJ
City of Livingston General Plan Map
Parcel Map No. PM 2025-01 and Exception to Subdivision Ordinance No. EXCPN 2025-01 for a parcel split and two (2) single family developments at 612 East Avenue.
Project Site
• • •
• • • • ••
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• • • • . -· . • • - ••
• • • • • • • •
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• • - ■ I ••
•
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• -
City of Livingston Zoning Map
Parcel Map No. PM 2025-01 and Exception to Subdivision Ordinance No. EXCPN 2025-01 for a parcel split and two (2) single family developments at 612 East Avenue.
Project Site
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Name: Frank Sequeira (209) 756-7085
2031 N. Daubenberger rd. Turlock CA 95382
Sheet:1
Project:
612 East Ave, LivingstonHouse & ADU (X2)
Drawn:010/30/2025 Prelim site plan
Scale:1" = 10'
Rev:
N
148
48 East Avenue
4" Sewerconnection
All concrete Parkingarea and flatwork
Existing Curb and gutter
53.5 Existing City Sidewalk
Legend:
1.property boundary =
2.City Sewer Main =
3.PG&E existing
underground service =
4.Details(pages D1 & D2) =
Notes:
7.New Wood Fencing =
1. This Site/Plot plan is for the purpose of approving a variance to allow a parcel split and build the planned house and ADU on each new lot. A formal site plan will be included with building plans.
2. Foundation Pad, Driveway and parking lot will be cut into native undisturbed soil (4" +or-)3. Parking for each lot can have striping and wheel stops or not. Will use City recommendation
5.City Water Main = 4. Utility's have been verified and are noted on this sheet, but are tentative6.Front & Rear porches =
5. 1" Water and 4" Sewer are to be brought in to the sites and natural gas will not be used.
8.1" Water connection =9.4" Sewer connection =
new redwood 6' highpicket fencing to be installed
To Walnut Avenue
Alley Way
6. Parking lot is concrete and has no curbs. The foundation pad for each building is composed of 4" of concrete over approx. 5" of crushed rock and sand. 5 ft. 10 ft. 20 ft.
1 ft. saw-cut trench & patch
53.5 53.5
New lot line with Parcel Mapto split property into to 2 lots Main House 918 sq. ft.
ADU 918 sq. ft.
Driveway
Concrete Walkway
28 10 34 9.5
54 .. .. ..
7 9
19 Top of Curb
New Driveway approach to be installed
10 20
Main House 918 sq. ft.
ADU 918 sq. ft.
Driveway
Concrete Walkway
28 9.5 34 10
54 7
9 19
Top of Curb
New Driveway approach to be installed
10 20
E
E
4" Sewerclean out
4" Sewerconnection
Sewer Main
Water Main
200 amp mainservice panel
.. .. ..
Landscape Bed
Landscape Bed Landscape Bed Landscape Bed
Landscape Bed Landscape Bed
LandscapeBed
Landscape Bed
Landscape Bed
Landscape Bed Landscape Bed
Lands
cape Bed
Landscape Bed
Landscape Bed
Existing City Sidewalk
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LEGEND
- OHP- OHP-OHP- OHP- OHP0
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ti
0 NOTE : PLEASE USE BLACK
INK OR A DARK PENCIL
APPLICATION TYPE
PARCEL MAP
PROPERTY OWNER/S :
ADDRESS :
TELEPHONE :
LIVINGSTON PLANNING DEPARTMENT
0 t')
g WALNUT AVENUE
0 PLOT PLAN
FOR
NUMBER A.P.N. 24-10- 36
SCALE: 1" =40'
I
~ BAR SCALE
DATE
07 15 25
DRAWING PREPARED BY : ________ _
ADDRESS :
TELEPHONE :
CITY OF
LIVINGSTON
Parcel Map No. PM 2025-01, Exception to
Subdivision Ordinance No. EXCPN 2025-01
City Council Meeting
March 3, 2026
arc 0
o Or 0
I
C1 y Council Mee 1ng
March 3, 2026
BACKGROUND
• Owner/Applicant: Frank Sequeira
• Site Location: 612 East Avenue (APN: 024-100-036)
• Size: 0.36 acres
• Access: East Avenue
• 1999 General Plan Designation: LD, Low Density Residential • Zoning: R-1, Low Density Residential
VICINITY MAP
~~~
PROJECT DESCRIPTION
• Divide a vacant parcel into two parcels to develop two (2) 918 square foot single family homes with 918 square foot accessory dwelling units on each parcel. • Parcel 1 will be 7,922 square feet with a lot width of 53.39 feet and a lot depth of 148.37 feet.
• Parcel 2 will be 7,921 square feet with a lot width of 53.39 feet and a lot depth of 148.35 feet.
• Each single family home and ADU will consist of two bedrooms, one bathroom, living room, in-unit laundry, and kitchen/dining area, with three off-street parking spaces. • The Proposed Project will connect to existing City utilities. • New driveways will be installed and landscaping improvements will be provided.
PLOT PLAN
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EXCEPTION TO SUBDIVISION ORDINANCE
The current application requests an Exception to the Subdivision to allow for the development of the two parcels with a lot width of 53.39 feet. The Livingston Municipal Code (LMC) 5-3-16, Table 7, Lot Configurations identifies a minimum lot width requirement of 70 feet. Exceptions to the subdivision regulations may be approved under LMC 6-11, Exceptions. Per LMC 6-11-2, the following findings must be met:
• That there are exceptional circumstances or conditions that affect said property or the reasonable use thereof.
• That the exception is necessary to preserve a substantial property right and permit the enjoyment thereof.
• That the granting of the exception will not be detrimental to the public safety, health and welfare.
• That the granting of the exception will not be injurious to or prevent the logical development of other property in the immediate area.
PLANNING COMMISSION
• The Planning Commission held a Public Hearing on February 10, 2026, to consider this Proposed Project. Staff attended the meeting to present the Proposed Parcel Map, Site Plan and Design Review, and Exception to the Subdivision Ordinance and answer questions from the Commission. There were no questions from members from the public in attendance. At the conclusion of the public comments, the Commission voted 5-0 to approve a Resolution to approve the Site Plan and Design Review and to approve a Resolution recommending approval of the Parcel Map and Exception to the Subdivision Ordinance to the City Council, subject to findings contained in the Resolution.
1999 GENERAL PLAN
• Land Use - 3.2 Objective B, Policy 5: In order to encourage infill development, flexible design standards should be developed which meet the intent of the General Plan.
• Housing - Policy 1.1: Encourage the development of a variety of housing types at various prices in order to maintain a diverse housing stock for residents of all income levels. • Housing - Policy 2.2: Encourage infill housing in residential districts where services and infrastructure are available.
ENVIRONMENTAL REVIEW
• The Proposed Project is eligible for a Categorical Exemption under the following classification of the California
Environmental Quality Act (CEQA) Guidelines: Article 19, Section 15332 – In-Fill Development Projects.
RECOMMENDATION
1. Adopt Resolution 2026-XX Approving Parcel Map No.
2025-01 and Exception to Subdivision Ordinance No.
2025-01.
ANY QUESTIONS? 0
AGENDA ITEM: General Plan Amendment (GPA) No. 2024-02 - City of Livingston Sixth Cycle (2024-2032) Housing Element Update – Status Report.
MEETING DATE: March 3, 2026
PREPARED BY: Miguel Galvez, Contract City Planner
REVIEWED BY: Jose Antonio Ramirez, City Manager
RECOMMENDATION:
Receive a status report on the City of Livingston’s Sixth Cycle (2024-2032) Housing Element Update effort.
The Council is requested to review and discuss the report and provide direction to staff on potential replacement of sites in the Housing Element Sites Inventory providing capacity to meet the City’s Regional Housing Needs Allocation.
PROJECT:
General Plan Amendment No. GPA 2024-02 proposes to amend the City’s current General Plan by adopting the City of Livingston’s Sixth Cycle Housing Element. The City’s Fifth Cycle Housing Element which covered the period of 2016-2024 and was adopted on June 21, 2016.
During the current sixth-cycle update, the City of Livingston joined Merced County and other cities within the County to develop the Merced County Multi-jurisdictional Housing Element (MJHE) for the sixth-cycle housing element update. The sixth cycle Housing Element covers the period of January 31, 2024, to January 31, 2032. Preparation of the MJHE was contracted with Rincon Consultants by Merced County Association of Governments.
The Merced MJHE update is a comprehensive assessment of current and future housing needs for all residents of the cities of Atwater, Dos Palos, Gustine, Livingston, Los Banos, Merced, and Merced County, as well as identifying goals, policies, and programs for meeting those needs. The MJHE evaluated housing needs and issues on a regional basis, while developing an individual housing element for each local jurisdiction. Each city will identify and incorporate housing goals, policies, and programs for its own community. Livingston’s proposed Housing Element is incorporated as Appendix E of the Merced County Multi-jurisdictional Housing Element. A copy the draft Housing Element can be found at: https://mercedmjhe.com/.
BACKGROUND:
California’s Housing Element Law acknowledges that, in order for the private market to adequately address the housing needs and demand of Californians, local governments must adopt plans and regulatory systems that provide opportunities for (and do not unduly constrain) housing development. As a result, housing policy in California rests on the effective
implementation of local general plans and, in particular, local housing elements.
The Housing Element is a policy document that provides a comprehensive strategy for promoting the production of available, affordable, and adequate housing within the community. It serves as a strategy to address housing needs across the economic and social spectrum. The primary focus of the Housing Element is to ensure decent, safe, sanitary, and affordable housing for current and future residents of both incorporated and unincorporated areas, including those with special needs.
Since 1969, California has required that all local governments (cities and counties) adequately plan to meet the housing needs of everyone in the community, at all income levels. California’s local governments meet this requirement by adopting housing plans as part of their “general plan” (also required by the state). A general plan serves as a local government’s blueprint for how the city and/or county will grow and develop and includes eight elements: land use, transportation, conservation, noise, open space, safety, environmental justice, and housing.
California Housing Element Law (California Government Code, Section 65580 et seq.) requires every jurisdiction to prepare and adopt a Housing Element as part of its general plan. State Housing Element Law mandates that housing elements be updated every eight years. The SixthCycle Housing Element will cover the planning period of January 31, 2024, through January 31, 2032. The statutory deadline for adopting the region's sixth cycle Housing Element was January 31, 2024. Housing Element Law requires HCD to review Housing Elements for compliance with the Housing Element Law and reporting its written findings to the local jurisdiction.
The City of Livingston, together with the cities of Merced, Atwater, Gustine, Los Banos, Dos Palos, and the County of Merced, embarked on the preparation of the region's first multi-jurisdictional housing element (MJHE) for the sixth round of Housing Element updates. This joint effort was designed to take advantage of cost savings due to economies of scale and a cohesive approach to addressing new state requirements on a local and regional basis.
The MJHE contract was administered by the Merced County Association of Governments, which selected Rincon Consultants, Inc to prepare individual plans for each jurisdiction. The City of Livingston has been working with HCD since 2024 to review and refine the draft housing element update to meet State Law. The latest revisions are incorporated in the current draft Housing Element.
The Department of Housing and Community Development (HCD) assigns a regional housing needs determination number to the Council of Governments (COG). In this case, MCAG received the regional number from HCD and allocated a portion to each jurisdiction within the region based on an adopted methodology. For the Sixth Cycle, the City of Livingston was assigned a RHNA number of 1,097 total housing units, as shown in the table below.
HCD REGIONAL HOUSING NEEDS DETERMINATION
2024-2032
FAMILY INCOME CATEGORIES
Very Low Low Moderate Above Moderate Total
311 213 169 404 1,097
The primary goal of the Housing Element is to identify capacity to meet the RHNA goal of 1,097 units and develop strategies to facilitate the development of these units during the eight-year cycle. As part of the Livingston General Plan, the Housing Element serves as a citywide policy document. HCD recommends that Housing Elements include a buffer of 15-30% to address any
I I I I
I I I I
“no net loss” issues that may arise over the planning period.
The City has identified housing opportunity locations, collectively called the Site Inventory, which are sites that have potential for new residential development within the Housing Element planning period. The Site Inventory focuses residential development within or near existing communities with fewer infrastructure and services constraints to support higher-density multi-family development.
In total, the Site Inventory has identified sites to accommodate the development of 1,337 units, which is sufficient to meet the City’s RHNA and accommodate a buffer of units in the event development does not occur at the assumed densities by the end of the planning period, as shown in the table below.
ADEQUACY OF RESIDENTIAL SITE INVENTORY
Lower-Income
Units
ModerateIncome Units
Above
ModerateIncome Units Total Units
City’s Share of the RHNA 524 169 404 1,097
Planned and Approved
Projects
160 0 485 645
Anticipated ADUs 0 0 8 8
Remaining Share of RHNA 364 169 0 533
Opportunity Sites (North
Livingston)
0 0 3 3
Opportunity Sites (Central
Livingston)
40 35 2 77
Rezone Sites 352 205 171 693
Total Units on Sites 28 36 176 773
Unit Surplus 28 36 176 240
Percent Buffer over RHNA 5% 21% 44% 22%
Source: Livingston 2024-2032 Housing Element
The City’s revised draft Housing Element was submitted to HCD for review and by letter dated December 10, 2025, HCD indicated that the City’s Housing Element meets the statutory requirements described in HCD’s May 8, 2025, review. The next step in adopting the Housing Element would be for the Planning Commission to hold a noticed public hearing to make a recommendation to the City Council on the amendment of the General Plan to adopt the Housing Element and make corresponding changes to the Land Use Element and Land Use Map. The City Council would then hold a noticed public hearing on these same items. Because the City did not meet the statutory deadline to adopt the Housing Element. The Housing Element cannot be found to be in substantial compliance with Housing Element Law until the City has completed the necessary rezonings to provide capacity to meet the RHNA. Therefore, the rezonings needed to provide capacity to meet the City’s RHNA would be considered by the Planning Commission and the Council concurrently with amendment of the General Plan.
ANALYSIS:
1. Adoption Schedule Delays
On its January 13, 2026, Regular Meeting, the Planning Commission considered: 1) the 2024-
2032 Housing Element Update, 2) proposed General Plan Amendments and Rezoning of properties to meet the City Regional Housing Needs Allocation housing site inventories, and 3) proposed amendments to the City’s Zoning Ordinance to facilitate a number of housing program objectives.
At this meeting, several of the Planning Commission members expressed a potential conflict of interest with a few of the sites identified in the Housing Element housing site inventories and with the proposed General Plan and Rezoning agenda item. As the housing sites were addressed under one agenda item, the Planning Commission would not be able to consider each proposed General Plan Amendment and rezoning proposal individually. As a result, the Planning Commission continued consideration of both the Housing Element update and the proposed General Plan and Rezoning of housing sites to the next Regular meeting of February 10, 2026.
As the City is interested in adopting the Housing Element Update and completing the redesignating of identified housing sites as quickly as possible to meet eligibility criteria for State funding programs, the Planning Commission was canvassed to see if a Special Planning Commission could be held on Wednesday, January 28, 2026. A quorum was confirmed to be available for a proposed Special Planning Commission Meeting on January 28, 2026.
Due to noticing issues, the Special Planning Commission meeting of January 28, 2026, was cancelled. Approximately 10 individuals showed up at the Special Planning Commission Meeting and staff informed them that the meeting was cancelled.
The Planning Commission opened the public hearing on February 10, 2026, and continued the Housing Element Update along with the redesignation of the housing sites indefinitely. A public notice process will be followed for the new Planning Commission date.
To address potential conflict of interest concerns by the Planning Commission, the City Attorney reviewed Conflict of Interest protocols with the Planning Commission at its February 10, 2026, Regular Meeting.
A map of the Rezone sites is attached to this Staff Report as Attachment D.
2. Neighborhood Opposition and Meeting RHNA Sites
During the January 13, 2026, Planning Commission Meeting, a petition opposing the redesignation of 480 F Street, one of the sites included in the Housing Element site inventory – Site 18, was submitted and provided to the Planning Commission. In addition, correspondence from a representative of Foster Farms expressed concern with the redesignation of property at 1230-1236 Olive Avenue, also included in the Housing Element site inventory – Site 2, see Attachments A and B. There was no opposition to these proposed redesignated housing sites voiced during the advertised public workshops, the advertised housing element public review periods and the advertised recent revisions in response to HCD comments.
Staff would like to receive direction from the Council on next steps regarding the Housing Element.
One option for the Council to consider is to move forward with the Housing Element as currently drafted, including Sites 2 and 18, and conditionally found to be in compliance with Housing Element Law by HCD. If the Council would like to take this approach the next steps would be:
- Public hearing by the Planning Commission to make a recommendation on the amendment to the General Plan to adopt the 6th Cycle Housing Element and amend the
Land Use Element and Land Use Map and the rezonings needed to provide RHNA capacity (minimum 20 days’ notice required)
- Public hearing by the City Council on the amendment of the General Plan to adopt the 6th Cycle Housing Element and amend the Land Use Element and Land Use Map and the rezonings needed to provide RHNA capacity (minimum 10 days’ notice required) Alternatively, the Council could direct the removal of Site 2 and/or 18 from the Housing Element Site Inventory. In the event that both these properties were removed, then the City will be short forty to fifty-eight multi-family dwelling units that meet the low income capacity category. The Housing Element currently estimates a surplus of twenty-eight multi-family units in the lower income category from other smaller opportunity sites. If the City is unable to identify an adequate inventory of housing sites, then new sites will have to be identified in a revised Site Inventory, which is subject to additional public and HCD review and approval. If the Council directs staff to remove one or both of these sites from the Housing Element the next steps would be:
- Amend the draft Housing Element to remove one or both sites and include replacement site(s) to provide the needed RHNA capacity (see section 3 below).This would include conducting the analysis required by Housing Element Law to determine if the site provides realistic capacity for the remaining lower income RHNA units, - Make the amended draft Housing Element available for the statutory 7-day public review period and then send the revised draft to HCD for the 60 day review period. - Once HCD has determined the revised Housing Element substantially complies with Housing Element Law, public hearings would be held by the Planning Commission and City Council as described above.
The exact amount of time needed to amend the Housing Element to remove site(s) and add new sites is unknown and largely dependent on HCD and how many rounds of review may be necessary. At a minimum we believe that this could take 6 months, but it could be longer.
3. Housing Sites – Optional Sites
Staff reached out to Joseph E Gallo Ranches LLC (JEG) to ascertain whether they would be interested in having a portion of their B Street property designated to accommodate additional low income multifamily development. A representative from JEG met with City staff and expressed a willingness to have a portion of their property on B Street, near the Tierrasanta Villa Apartments, designated to accommodate a mixture of residential and commercial development.
Staff would recommend a development site of four to eight acres be redesignated to allow multifamily development. This could potentially be done under AB 2011 for development of housing on commercially zoned property, similar to the River Glen Apartments project.
Staff would like to point out that delays to adopting a certified housing element may result in the City not being eligible to apply for certain State funding programs. The City is in communication with HCD regarding this issue with the goal to maintain eligibility for State funding programs.
4. Scope of services – Rincon Associates
If there are changes to the Site Inventory, this may exceed the remaining project budget, necessitating a budget augmentation.
Additional costs are attributable to updating the Housing Element by both City Planning Staff and Consultant costs associated with preparing notices, staff reports, and correspondence with HCD.
Rincon Consulting is prepared to submit a scope of services to conduct this work if desired by the
City Council.
On August 5, 2025, the City Council approved a second amendment to the Professional Services Agreement with Rincon Consulting, increasing the budget and scope to respond to additional housing element review comments from the California State Department of Housing and Community Development. The budget was increased by $11,282. The remaining balance from the consultant contract with MCAG is $1,841.00 and the remaining balance from the current consultant contract with the city is $2,216. A new budget and scope for amending the Housing Element can be requested from Rincon Consulting if desired by the City Council. If this is the direction the Council would like to pursue, then a separate agenda item will be brought back to the City Council for its consideration.
5. Meeting Eligibility for State Funding.
The City is interested in applying for State Funding programs, many of which require a certified Housing Element as an eligibility criterion. If the City does not have a letter from HCD certifying that the City has adopted a Housing Element that complies with State Housing Law, then the City’s funding application may be rejected.
City staff reached out to the State Department of Housing and Community Development to discuss the City’s interest in applying for State funding programs while the City is still in the adoption process. HCD staff stated that the City may submit the most recent correspondence from HCD documenting the remaining stages for achieving a State Certified housing Element, see Attachment C.
ATTACHMENTS:
A. Opposition Letter and Petition for redesignating 480 F Street, dated October 12, 2024 B. Letter from Tom Bower of Foster Farms, dated January 26, 2026 C. Letter from HCD dated December 10, 2025, from Paul McDougall, Senior Program Manager.
D. Map of Rezones Sites from the Draft 2024-2032 Housing Element Update.
Subject: Formal Opposition to Proposed Apartment Complex at 480 F Street Livingston, CA October 12, 2024
Planning Commission
1416 C Street
Livingston, California 95334
Dear Members of the Planning Commission,
I am writing on behalf of the residents who reside in the Country Glen Subdivision, Bridgeport Homes, and the surrounding areas to formally protest the proposed construction of a new apartment complex at 480 F Street Livingston, CA. We, the undersigned, are deeply concerned about the negative impacts this development will have on our community and strongly urge the Commission to deny approval for this project.
Our concerns include the followirJg:
1. Increased Traffic and Safety Hazards: The proposed apartment complex will significantly increase traffic in our already congested area. Our neighborhood is primarily residential, and many streets are not equipped to handle the added volume of vehicles. This raises serious concerns about the safety of pedestrians, especially children who walk to and from Livingston Middle School, and the potential for increased accidents.
2. Strain on Local Infrastructure and Water Supply: Livingston is currently facing a well-documented water shortage, which affects all residents and businesses. Adding a large apartment complex to the area would further strain our already limited water resources, exacerbating the problem for existing residents. Without a clear plan to address this critical issue, approving this development could have long-term consequences for the city's water supply and sustainability.
3. Fire Response and Safety Concerns: Livingston has faced ongoing challenges with fire response times and resources, which are already stretched thin. The introduction of a densely populated apartment complex would increase the burden on local emergency services, further compromising public safety. This poses a significant risk, especially in light of recent fire hazards and the heightened concerns about response capacity in our area.
4. Sewer and Sewage System Impact: Our city's sewage infrastructure is already aging and under strain. The addition of a large apartment complex would place even greater demand on our sewer system, potentially causing backups, overflows, or costly upgrades that could affect the entire community~ This presents not only a financial burden but also a public health risk if not adequately addressed.
5. Decrease in Neighboring Property Values: The construction of a large apartment complex in a neighborhood predominantly composed of single-family homes could result in a decrease in
property values for existing homeowners. This decline is not only due to the shift in neighborhood character but also to potential overcrowding, noise, and increased demand on local services, all of which can negatively impact home values.
6. Surrounding Single-Family Homes: There are many single-family homes that have existed for years around the site of the proposed large apartment complex. It is inappropriate to build a large apartment complex in the middle of these single-family homes. If the City wants to approve a project on this land, then a single-family home is more appropriate than a large apartment complex.
We respectfully request that the Planning Commission consider these points and deny approval for the proposed apartment complex at this time. We have attached a petition with signatures from residents who also oppose this project. Thank you for your attention to this matter. We look forward to your careful consideration of our community's concerns.
Sincerely,
Enclosure: Petition of Resident Signatures
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FOSTER
FARMS ..
VIA EMAIL
Planning Commission
City of Livingston
1416 C St.
Livingston, CA 95334
(209) 394-7901
I 000 Davis Street
P.O. Box 457
Livingston, CA 95334
January 26, 2026
Re: Opposition to City-Initiated Rezoning, General Plan Amendment of 1230-1236 Olive Avenue/ Request for Mailed Notice of Actions and Public Hearings Dear Planning Commission:
The City of Livingston ("City") has proposed a series of Rezonings and General Plan Amendments for six parcels in the City ("Project"). The City initiated the Project to increase the available residential density on the parcels for the purpose of achieving a compliant Housing Element. One of these parcels, 1230-1236 Olive Avenue ("Parcel"), is located immediately adjacent to industrially zoned property owned by Foster Farms.
The purpose of this letter is to respectfully advise the Planning Commission that it has been misinformed by City Staff. While five of the parcels included in the Project appear to be strong candidates for dense residential housing, the Parcel would not. The City, via inclusion of the Parcel, seeks to incentivize denser housing adjacent to an incompatible, industrial land use in a manner that would pose great risks to public health and safety in the City. Foster Farms respectfully requests that the Planning Commission recommend against approval the Rezoning and General Plan Amendment as to the Parcel, for the reasons set forth below.
I. Foster Farms is a Long-Standing Livingston Institution Max and Verda Foster started Foster Farms in Modesto in 1939. A significant milestone in the Company's history occurred in 1959 when Foster Farms purchased a processing plant in Livingston. The Company moved its headquarters to the City the next year. Today, Foster Farms' Livingston processing plant is the Company's largest facility, spanning approximately 350 acres. Foster Farms also prides itself i_n being Livingston's largest employer, employing 2,702 workers in the City, many of whom are Livingston residents.
II. The City Provided No Public Engagement Prior to Proceeding With the Project The City failed to engage all stakeholders before proceeding with the Project.
Though Foster Farms understands the City held discussions with the owners of the specific parcels included in the Project, such an effort does not rise to the level of an act of transparency. Foster Farms has been an institution and economic anchor for the City for 67
years, and the proposed Rezoning and General Plan Amendment creates obvious conflicts for Foster Farms' operations in the northern part of town.
Had Foster Farms received such notice of the Project, as it relates specifically to the inclusion of this Parcel, it could have informed the City of the ramifications of that decision. In this instance, the City deprived the public from having a meaningful say in the future of the community.
III. The City Provided Inadequate Notice of the Special Planning Commission Meeting
The City's lack of transparency did not end with its proposal of the Project. The City further failed to act transparently when it decided, unilaterally, to continue the public hearing on the Rezonings and General Plan Amendments to a Special Planning Commission scheduled last minute for January 28, 2026. 1
During the January 13, 2026 Planning Commission meeting, the Commission voted to continue the public hearing on the Rezonings and General Plan Amendments to February 10, 2026. Then, seemingly out of the blue, the City changed course and rescheduled the public hearing for two weeks earlier. Though the City may have complied with the text of the Brown Act by providing adequate notice of the Special Planning Commission meeting, the City certainly failed to incentivize and allow for robust public participation. Many residents reasonably relied on the spoken record of the January 13, 2026 Planning Commission meeting in planning to attend the continued public hearing scheduled then for February 10, 2026. The City disincentivized robust public participation by rescheduling the continued public hearing for two weeks earlier.
IV. The City Underestimates How Many Units the Parcel Can Accommodate, Meaning the City Minimizes the Potential Effects to Public Health and Safety Foster Farms operates a large-scale poultry processing plant adjacent to the Parcel.
Though the Company for decades has prided itself on being a responsible citizen of Livingston, it is undeniable that industrial uses may pose risks to public health and safety. These risks are well-known among land use planners, and for that reason industrial uses have been historically segregated from other land uses, especially residential uses.
The Project seeks to rezone the Parcel to High Density Residential (R-3). Under the R-3 zoning district, the permissible residential density is 12 to 29 dwelling units per acre. (Livingston Mun. Code,§ 5-3-17.) The Parcel measures approximately 2.8 acres, meaning the permissible residential density on the Parcel is 33.6 to 81.2 dwelling units. For the purposes of the City's Housing Element, the City has forecasted that 61 dwelling units could be built on the Parcel.
This is a very conservative estimate.
Notwithstanding the approximately 81.2-dwelling unit potential for the Parcel on paper, that figure does not take into account the various state laws that a developer could take advantage of to construct an even larger building permissible under the Municipal Code, featuring even more units. For instance, the State Density Bonus Law requires that cities allow developers who construct a certain percentage of affordable housing to exceed local density limits and receive Foster Farms also has concerns that the City may have violated the 10-day notice requirement for rezonings required under State law. (Gov. Code, §§ 65854, 65090.)
incentives/waivers from local development standards to build more units. (See Gov. Code,§ 65915.)
Even assuming a future development on the Parcel is within the City's conservative estimate, approval of the Project still could permit hundreds of new residents residing directly adjacent to a major industrial use. The U.S. Census estimates that the average household size in Livingston is 4.2 persons.2 Thus, at 61 units, the total new residents based on the City average could be 256 persons. At 81 units, the total new residents could be 340, notwithstanding any relaxation of local requirements due under the State Density Bonus Law or other state law.
Though Foster Farms welcomes new housing construction in the City, it could reasonably be dangerous to add so many new residents directly adjacent to a major industrial use.
It is well known that the Foster Farms processing plant produces strong odors at times, albeit fully consistent with all relevant and existing environmental requirements and permits.
Though the Company employs best practices to minimize those odors, they simply cannot be eliminated, and such odors have the potential to negatively impact new residents.
Additionally, on a weekly basis, the Foster Farms processing plant sees an average of 1,500 tractor-trailers inbound and another 1,500 outbound. Many of these tractor trailers drive along Olive Drive and North Main Street, near the Parcel. If the Parcel is developed, hundreds of new residents, including many children, will be inserted into a major industrial transit corridor, endangering public health and safety.
V. The City Should Not Further Commingle Incompatible Land Uses Rezoning the Parcel and amending its General Plan designation will further commingle incompatible land uses in the area generally west of Olive Avenue and North Main Street and thereby further threaten public health and safety in the area. The Foster Farms processing plant in north Livingston includes several parcels, most of which are zoned General Industrial (M-2).
A central intent of the General Industrial zoning designation is to ''protect areas appropriate for industrial uses from intrusion of inharmonious uses." (Livingston Mun. Code, § 5-3-10, emphasizes added.) The Project proposes to rezone the Parcel to High Density Residential (R-3).
Previous poor City decisions have resulted in seven parcels located generally southwest of Olive Avenue and North Main Street, including the Parcel, to be zoned and/or rezoned to Medium Density Residential (R-2). Foster Farms is unaware of the history of these decisions; however, it is undisputable that the City permitted inharmonious land uses to intrude on the industrial uses in the area. These decisions run contrary to the Zoning Code and foundational principles of land use planning that hold that there a buffer should separate industrial and residential uses.
On paper, no buffer currently exists because medium-density residential uses have been permitted to exist near heavy industrial uses. In practice, however, it appears that the seven parcels in question have retained low-intensity land uses that are appropriate near industrial uses.
To the extent the Rezoning and General Plan amendment for the Parcel is approved by the City Council, the Parcel property owner or a future owner may be properly incentivized to construct a 2 QuickFacts, Livingston, California, U.S. CENSUS BUREAU, https://www.census.gov/quickfacts/fact/table/livingstoncitycalifomia/PST045223 (last accessed January 25, 2026).
dense residential building on the Parcel. Doing so would insert dense residential uses directly adjacent to industrial land uses and may endanger public health and safety.
VI. Any Future Residential Construction at the Parcel May Escape Environmental Review
The Planning Commission should not assume that Foster Farms' concerns associated with public health and safety attributable to future high-density residential construction at the Parcel will be addressed and remedied in the future.
The nature of Foster Farms' existing and approved industrial operations in the City could present serious threats to public health and safety in the event the Project is approved. Such threats to public health and safety are often studied, and if possible mitigated through, the California Environmental Quality Act ("CEQA") and discretionary land use approval processes.
For decades, CEQA has permitted local decision makers to make decisions with the environmental consequences of those decisions in mind. In recent years, however, the State Legislature has created new statutory exemptions from CEQA applicable to a variety ofhighdensity residential construction. Furthermore, the State Legislature has also enacted various new statutory schemes that render certain high-density residential construction to be "ministerial" projects, and thus exempted both from CEQA, by virtue of the project not being discretionary, and discretionary land use approval processes. Ministerial, CEQA-exempted projects can sometimes pose real risks to local residents due to the fact that certain environmental effects, and other disastrous effects, caused by dense residential construction may not be properly studied and mitigated.
VII. If Approved, the Project May Have Disastrous Results For Future Residents and Minimal Practical Benefits to the City
Not only could Rezoning the Parcel and amending the Parcel's General Plan designation possibly produce disastrous results for public health and safety in the City, the nature of the Parcel's current zoning designation will also provide minimal benefits to the City compared to other parcels in the City.
As discussed above, for whatever ill-advised reason, the Parcel is already zoned for Medium Density Residential (R-2). Under the R-2 zoning district, the permissible residential density is 7.6 to 11.9 dwelling units per acre. (Livingston Mun. Code, § 5-3-17.) The Parcel measures approximately 2.8 acres, meaning the permissible residential density on the Parcel is
21.28 to 33.32 dwelling units. Thus, without further action by the City, the Parcel can already accommodate a fair amount of residential construction. The City should focus its attention on other lots that bring more benefits to the City.
VIII. Request for Mailed Notice of Actions and Public Hearings Related to the Project And Parcel
a. Request for Notices of Public Hearings Under the Government Code This letter also constitutes Foster Farms' formal written request for notice of any public hearing scheduled in connection with the Project or any relevant project or proposal associated with the Parcel in any manner. (Gov. Code,§§ 65090, 65091, 65092) b. Request for Notices Under CEQA
This letter also constitutes Foster Farms' formal written request for any notice required under CEQA, including, but limited to: notices of a determination that an Environmental Impact Report is required; notices of any scoping meeting; notices of the preparation of an Environmental Impact Report, Negative Declaration, Mitigated Negative Declaration; notices of availability of Environmental Impact Report; notices of intent to adopt a Negative Declaration or Mitigated Negative Declaration; notices of approval and/or determination that an Environmental Impact Report has been certified; and, notices of a determination that a project is exempt from CEQA. (Pub. Resources Code,§§ 21000 et seq.). c. Instructions for Notices
Please send the notices requested to:
Tom Bower
Foster Farms
1333 Swan Street
Livingston, CA 95334
[email protected]
Very truly yours,
FOSTER FARMS
~o~
cc:
Jose Rameriz
Miguel Galvez
Monica Cisneros
Martha Abeloe
TOM BOWER,
SVP SUPPLY CHAIN
E-Mail: [email protected]
STAIE OE CALtEO™..J!.!dSINESS CQN$l jM ER SER\JJQES ANO tJOUSiNG.E.~::!,G,!!,E=!, NC!,!,! . y========~--~GAil!=!!=! IN~N!,!!E,£!,WS,!,!;.!,!!!O,!!!!M=,!G,!!eo:,!=e!=mw!,!!!i DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (I).. ·_• -•·· ., .. DIVISION OF HOUSING POLICY DEVELOPMENT 651 Bannon Street, Suite 400
Sacramento, CA 95811
(916) 263-2911 / FAX (916) 263-7453
~hw,ca,gQ"I:
December 10, 2025
Jose Ramirez, City Manager
City of Livingston
1416 C Street
Livingston, CA 95334
Dear Jose Ramirez:
Received
EC 1 g 2025
City of LMngston
Planning Department
RE: City of Livingston's 6th Cycle (2024-2032) Revised Draft Housing Element Thank you for submitting the City of Livingston's (City) revised draft housing element update received for review on October 13, 2025, along with revisions received on December 9, 2025. The revisions were posted and made available to the public for seven days prior to review. Pursuant to Government Code section 65585, the California Department of Housing and Community Development (HCD) is reporting the results of its review.
The revised draft element, including revisions, meets the statutory requirements described in HCD's May 8, 2025 review. However, the housing element cannot be found in substantial compliance until the City has completed and submitted the necessary rezones (See Below) to accommodate the lower-income Regional Housing Needs Allocation (RHNA). The housing element will substantially comply with State Housing Element Law (Gov. Code, § 65580 et seq) when rezones are completed and the element is adopted, submitted to and approved by HCD, in accordance with Government Code section 65585.
A jurisdiction that did not adopt a compliant housing element within 120 days from the statutory deadline (January 31 , 2024) must rezone sites within one year of the statutory deadline and meet requirements pursuant to Government Code sections 65583, subdivision (c)(1 )(A) and 65583.2, subdivisions (c), (h) and (i), as applicable. As this year has passed and Program 2 (Adequate Sites for RHNA and Monitoring of No Net Loss) and Program 3 (By-Right Approval) have not been completed to meet all statutory requirements, the housing element is out of compliance and will remain out of compliance until the rezoning has been completed and submitted to HCD. Once the City completes the rezoning, a copy of the resolution or ordinance should be submitted to HCD for review. Following this, HCD will issue correspondence regarding the status of the City's housing element compliance.
As a reminder, the City's 6th cycle housing element was due January 31 , 2024. As of today, the City has not completed the housing element process for the 6th cycle. The City's 5th cycle housing element no longer satisfies statutory requirements. HCD encourages the City to expeditiously complete rezones, adopt and submit the housing
Jose Ramirez, City Manager
Page2
element to HCD to regain housing element compliance.
Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City must continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available while considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government's website and the City should email a link to all individuals and organizations that have previously requested notices relating to the housing element at least seven days before submitting to HCD.
For your information, pursuant to Government Code section 65583.3, subdivision (b), the City must utilize standards, forms, and definitions adopted by HCD when preparing the sites inventory and submit an electronic version of the sites inventory. While the City has submitted an electronic version of the sites inventory, if any changes occur, any future adopted versions of the element must also submit the electronic version of the sites inventory.
Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant, the Affordable Housing and Sustainable Communities programs, and HCD's Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources.
For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor's Office of Land Use and Climate Innovation at:
https://www.lci.ca.gov/planning/general-plan/guidelines.html.
HCD appreciates the coordination and effort of the housing element update team to prepare the housing element as part of the multi-jurisdictional housing element process and looks forward to receiving the City's adopted housing element. HCD welcomes the opportunity to provide technical assistance as the City completes its rezoning, including reviewing draft documents. If you have any questions or need additional technical assistance, please contact Andrea Grant, of our staff, at [email protected].
Sincerely,
Paul McDougall
Senior Program Manager
Attachment D-1 Map of Vacant Sites, Existing Zoning
, ,e-.rceo covmy Associotio."l oi Governments
Merced County Multi•Junsdictionol Housing Element (2024•2032) Figure E6-2 Livingston Site Inventory (Current Zoning)
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STAFF REPORT
AGENDA ITEM: Consider Request from Micah Gallo of Joseph E Gallo Livingston Ranches LP to Amend the City’s Adopted 2040 General Plan Study Area Preferred Land Use Alternative Study Area and Provide Direction to Staff
MEETING DATE: March 3, 2026
PREPARED BY: Miguel Galvez, Contract City Planner
REVIEWED BY: Jose Antonio Ramirez, City Manager
RECOMMENDATION:
Staff received a letter from Micah Gallo dated February 13, 2026, requesting the Council to amend the City’s 2040 General Plan Preferred Land Use Alternative Study Area adopted on November 18, 2025.
The Council is requested to review and discuss the request and provide direction to staff on whether to return to Council to formally consider amending the proposed 2040 General Plan Preferred Land Use Alternative Study Area.
PROJECT:
On February 13, 2026, City staff received a letter, see Attachment A, requesting amendments as follows:
1. Change the 2040 General Plan Study Area Land Use Designation from Business Park with Specific Plan Overlay to a mix of uses as shown on the attached Land Use Exhibit of Attachment A. These parcels are located west of Robin Ave, north of Vinewood Ave, east of Gallo Rd, and south of the Merced River.
2. Change the 2040 General Plan Study Area Land Use Designation from Low Density Residential (LDR) to Community Commercial (CC) for APN 047-160-012. This parcel is located at the southwest corner of Vinewood Ave and Robin Ave.
3. Add APNs 047-160-003, 047-160-004, 047-160-009 to the 2040 General Plan Update Study Area with General Plan Land Use Designation as shown on the attached Land Use Exhibit. These parcels are west of the previously approved study area, south of Vinewood Ave, and east of Washington Blvd.
4. A request that the parcels south of Vinewood Ave, east of Washington Blvd, north of Flint Ave, and west of Robin Ave be included in the proposed SOI.
BACKGROUND:
On November 18, 2025, the City Council adopted a Resolution Selecting a Preferred Land Use Alternative for use in the update of the City of Livingston 2040 General Plan and General Plan Land Use Diagram, see Attachment B
On February 13, 2026, City staff received a letter from Micah Gallo requesting amendments as described above.
ANALYSIS:
An amendment to the Preferred Land Use Alternative and Study Area is possible, but this would require formal City Council consideration and action at a noticed meeting and Public Hearing.
Briefly, some of the considerations include:
1. Discussion to solicit Planning Commission consideration and recommendation.
2. Amendments to baseline assumptions in the build-out model used for the study area.
3. Amendments to the scope, budget, and schedule.
4. Placing a hold on the General Plan update effort resulting in a minor restart as the General Plan Consultant team has commenced evaluation of the adopted study area, utilized in preparation of the environmental assessment, a Program Environmental Impact Report.
5. An evaluation of a Specific Plan and a Development Agreement land use policy document. It could be a combination of both, namely preparation of a Specific Plan with a Development Agreement prepared for the development of specific parcels within the Specific Plan.
6. Discussion on passing some or all of the cost increases to the applicant to accommodate their request.
It is reasonable for the Council to consider any amendments before additional Consultant work is completed. The proponent is interested in developing their property and If the City is interested in facilitating development, there is still time to incorporate changes.
Again, the Council is requested to review and discuss the request and provide direction to staff on whether to return with an agenda item to amend the proposed 2040 General Plan Preferred Land Use Alternative Study Area.
ATTACHMENTS:
A. Letter from Micah Gallo dated February 13, 2026.
B. November Adopted Preferred Land Use Map Study Area for the 2040 General Plan Update.
P.O. Box 775
10561 West Highway 140
Atwater, CA 95301-0775
February 13, 2026
MAKER OF JOSEPH FARMS CHEESE
The Honorable Mayor Jose A. Moran
and Honorable Council Members
City of Livingston, California
1416 C Street
Livingston, CA 95334
Reference: 2040 General Plan Update Study Area
Dear Honorable Mayor and Council Members,
Telephone 209-394-7984
Fax 209-394-4988
JosephFarrns.com
Received
FEB 1 3 2026
City of LMngston
Planning Department
Please accept our respectful request to amend the 2040 General Plan Update Study Area preferred land use alternative, which was previously adopted with amendments on November 18, 2025, as follows:
1. Change the 2040 General Plan Study Area Land Use Designation from Business Park with Specific Plan Overlay to a mix of uses as shown on the attached Land Use Exhibit for Merced County Assessor's Parcel Numbers (APNs) 047-080-006, 047-080-008, 047-080-011, 047-160-002, 047-160-005, 047- 160-006. These parcels are located west of Robin Ave, north of Vinewood Ave, east of Gallo Rd, and south of the Merced River.
2 Change the 2040 General Plan Study Area Land Use Designation from Low Density Residential (LDR) to Community Commercial (CC) for APN 047-160-012. This parcel is located at the southwest corner of Vinewood Ave and Robin Ave.
3. Add APNs 047-160-003, 047-160-004, 047-160-009 to the 2040 General Plan Update Study Area with General Plan Land Use Designation as shown on the attached Land Use Exhibit. These parcels are west of the previously approved study area, south of Vinewood Ave, and east of Washington Blvd. 4 We understand that the City plans to apply for a Sphere of Influence (SOI) amendment after completing the 2040 General Plan Update, associated infrastructure master plan updates, and Municipal Service Review update. All parcels affected by this request north of Vinewood Ave are already within the City's SOI. We would request that the parcels south of Vinewood Ave, east of Washington Blvd, north of Flint Ave, and west of Robin Ave be included in the proposed SOI.
These proposed amendments provide for a balanced mix of land uses that support community housing needs, jobs growth, commerce, and an expanded tax revenue base. Given current and foreseeable market conditions and regional competition, these proposed land use designations are much more likely to attract
2/13/2026
Hon. Mayor and Council Members
development for the City than a ±350-acre business park specific plan area that requires substantial additional entitlement and analysis. The vast majority of the parcels listed above, including all the lands north of Vinewood Ave, have been included in the City's Sphere of Influence for decades. Being located at the edge of the existing city, between adjacent freeway access and the City's Water Reclamation Facility, it seems to be a matter of when, not if, these lands will be developed as part of the City of Livingston. Furthermore, Vinewood Ave is currently programmed in the Circulation Element as an Arterial roadway, and as such, it makes sense for the City to reap the benefits from development on both sides of a roadway that is costly both to construct and to maintain.
We have taken care in presenting these proposed land use designations to concentrate commercial and business park areas surrounding the intersection of Vinewood Ave / B St and Robin Ave as a logical extension of easterly land uses. Commercial uses at this intersection are within a one-mile walkable radius to proposed residential land uses shown in the attached Land Use Exhibit, as well as numerous existing neighborhoods. Four (4) densities of residential uses are proposed. Estate Residential is proposed in the northern portion, near the riverfront. Low-Density Residential is proposed to serve as a buffer to neighboring agricultural uses. A central core of Mixed Use, Medium-Density Residential and High-Density Residential is proposed and maintains an eastern edge that's adjacent to proposed commercial uses.
Parkland and Neighborhood Commercial are proposed on the western side, in close proximity to Low, Medium, and High Density Residential as well as Mixed Use. Additional Business Park is proposed just east of the Water Reclamation Facility. This contiguous core of mixed uses and higher densities neighboring adjacent commercial uses provides an ideal opportunity for developing bicycle and pedestrian connectivity that would mutually benefit Livingston's residents and its business community. Future development would also look for opportunities for agribusiness and educational partnerships, in addition to providing park areas at appropriate locations.
By amending the 2040 General Plan Update Study Area to include our proposed land use designations, the City includes these in the Land Use Element that will be prepared as part of the General Plan Update.
This means that these more likely land uses can be adequately evaluated for potential significant impacts to the environment during preparation of the 2040 General Plan Update Environmental Impact Report, the utility demands thereof considered in the subsequent infrastructure master plan updates, and the findings reported in the Municipal Service Review to be provided to Merced LAFCo. This paves the way for a SOI expansion and eventual annexation into the City of Livingston.
When the time comes for this area to annex into the City, we propose an Annexation and Development Agreement instead of a Specific Plan. Like similar Development Agreements, this document would provide appropriate development standards, establish financial responsibilities, and ensure timely and orderly development benefiting the Livingston community. This is the best way to handle a large area with multiple land uses, significant infrastructure needs, phased build-out, and high entitlement risk. A Development Agreement is a binding contract that locks in development rules, permitted uses, phasing, and entitlements over time, and runs with the land so as to be binding on future developers. This provides for the type of certainty that Livingston needs to attract new homes and businesses. While a Specific Plan sets standards, a Development Agreement is focused on a tailored outcome. Updates to a Specific Plan, not unlike a General Plan, are costly and time-consuming, and so can limit the City's flexibility to respond to any changes in community needs and markets over time. A Specific Plan might make sense if the whole area would become a business park, but we can't see that happening.
2/13/2026
Hon. Mayor and Council Members
A reasonable and responsible approach would be taken with regard to phasing, with development to occur first on those parcels of land adjacent to or in close proximity to City utilities and existing development. From there, growth would be expected to occur naturally in response to market demand in a westerly and northwesterly direction from the intersection of Vinewood Ave/ B St and Robin Ave.
The Gallo family has a long and proud history in local agriculture and intends to continue farming our lands that are within the study area. Where our properties are located in the path of progress, the Gallo family has proven a reliable partner for the City of Livingston in delivering projects that meet the needs of the community. We look forward to continuing in this way.
Thank you for your time and consideration, as well as your continued service to the residents and business community of Livingston.
Respectfully,
JEG LIVINGSTON RANCHES LP
Micah Gallo
(209) 394-7984 x1251
Attachment: Exhibit "A" General Plan Land Use Designations c. Jose A. Ramirez, City Manager
Miguel Galvez, City Planner
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STAFF REPORT
AGENDA ITEM: Discussion and Direction Regarding Procurement of New Playground Equipment at Max Foster Sports Complex and 1) Authorizing the City Manager to Issue a Purchase Order to the Selected Vendor and 2) Authorizing the City Manager to Execute a Purchasing Agreement MEETING DATE: March 3, 2026
PREPARED BY: Anthony Chavarria, Public Works Director
REVIEWED BY: Jose Antonio Ramirez, City Manager
RECOMMENDATION:
Staff recommends that the City Council select a preferred playground equipment option at Max Foster Sports Complex and 1) authorize the City Manager to issue a purchase order to the selected vendor and 2) authorize the City Manager to execute a purchasing agreement.
BACKGROUND:
Max Foster Park is one of the City’s most popular and well-loved community spaces. It serves as the heart of many local traditions, hosting the annual Sweet Potato Festival and Fourth of July celebration that brings residents and visitors together each year. The park also supports a wide range of recreational activities, including soccer, baseball, and flag football, and features amenities such as basketball courts and a large patio area that often serves as a gathering place for families and community celebrations.
The addition of new playground equipment would further strengthen the park’s role as a family-friendly destination. The proposed playground is designed to provide safe, engaging, and inclusive play opportunities for children of all ages and abilities — including those with mobility challenges or sensory sensitivities such as autism. This improvement would enhance the overall park experience, promote physical activity, and foster social connections among children and families throughout the community.
DISCUSSION:
The proposed playground concepts were developed with an emphasis on creating a safe, welcoming, and inclusive play environment at Max Foster Park. Constructing the new playground will enhance the park’s role as a regional gathering place and support the City’s efforts to improve recreational amenities for families. The options presented vary in layout, features, and accessibility components, and each reflects a long-term investment in the well-being of local children.
The City of Livingston Municipal Code, section 1-11-4, allows the City to participate in Cooperative Purchasing plans with the State and other units of government upon approval by the City Council when it serves the best interests of the City. Utilizing the cooperative purchasing program allows staff to compare costs across multiple vendors and confirm that the recommended option provides the best overall value. Staff reached out to two Joint Powers Authorities (JPAs) – OMNIA Partners and
Sourcewell, to ensure the City received the most competitive pricing available for the selected playground equipment.
Staff is seeking Council direction on the preferred playground design to ensure the selected option aligns with community needs and expectations. Upon selection, Staff will proceed with the equipment purchase and begin preparing the site for installation in coordination with the vendor. Staff will then initiate the procurement process for the installation of the equipment, ensuring that the process fully complies with the Public Contract Code.
FISCAL IMPACT:
Funding will be expanded from the approved
Fiscal Year 2025/2026 budget from the
Community Facilities District (CFD) 2005-1 Account (1213-475-7410)- Equipment Purchase.
ATTACHMENTS:
1. Resolution No. 2026-
2. Kompan Quote
3. All About Play Quote
4. Purchase Agreement
Options Company Amount
Option 1 Kompan $88,691.27
Option 2 All About Play $98,790.24
RESOLUTION NO. 2026-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON FOR
DISCUSSION AND DIRECTION REGARDING PROCUREMENT OF NEW
PLAYGROUND EQUIPMENT AT MAX FOSTER SPORTS COMPLEX AND 1)
AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER TO THE SELECTED VENDOR AND 2) AUTHORIZING THE CITY MANAGER TO EXECUTE A
PURCHASING AGREEMENT
WHEREAS, Max Foster Park is one of the City’s most popular and well-loved community spaces.
It serves as the heart of many local traditions, hosting the annual Sweet Potato Festival and Fourth of July celebration that brings residents and visitors together each year; and WHEREAS, the park also supports a wide range of recreational activities, including soccer, baseball, and flag football, and features amenities such as basketball courts and a large patio area that often serves as a gathering place for families and community celebrations; and WHEREAS, the addition of new playground equipment would further strengthen the park’s role as a family-friendly destination; and
WHEREAS, the proposed playground is designed to provide safe, engaging, and inclusive play opportunities for children of all ages and abilities — including those with mobility challenges or sensory sensitivities such as autism; and
WHEREAS, this improvement would enhance the overall park experience, promote physical activity, and foster social connections among children and families throughout the community; and
WHEREAS, the proposed playground concepts were developed with an emphasis on creating a safe, welcoming, and inclusive play environment at Max Foster Park; and WHEREAS, constructing the new playground will enhance the park’s role as a regional gathering place and support the City’s efforts to improve recreational; and WHEREAS, the options presented vary in layout, features, and accessibility components, and each reflects a long-term investment in the well-being of local children; and WHEREAS, the City of Livingston Municipal Code, section 1-11-4, allows the City to participate in Cooperative Purchasing plans with the State and other units of government upon approval by the City Council when it serves the best interests of the City; and WHEREAS, utilizing the cooperative purchasing program allows staff to compare costs across multiple vendors and confirm that the recommended option provides the best overall value; and WHEREAS, staff reached out to two Joint Powers Authorities (JPAs) – OMNIA Partners and Sourcewell, to ensure the City received the most competitive pricing available for the selected playground equipment; and
WHEREAS, staff is seeking Council direction on the preferred playground design to ensure the selected option aligns with community needs and expectations; and
WHEREAS, upon selection, staff will proceed with the equipment purchase and begin preparing the site for installation in coordination with the vendor; and WHEREAS, once the equipment is purchased, staff will initiate the procurement process for the installation of the equipment, ensuring that the process fully complies with the Public Contract Code.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livingston hereby:
1. Finds the above recitals are true and correct findings of the Livingston City Council.
2. Authorizes the City Manager to issue a purchase order to the selected vendor, from the Fiscal Year 2025-2026 approved budget from the Community Facilities District (CFD) 2005-1 Account (1213-475-7410)- Equipment Purchase.
3. Authorizes the City Manager
to execute a purchasing
agreement.
4. This Resolution will become effective immediately. 
I hereby certify that the foregoing Resolution No. 2026-___ 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 3rd day of March 2026, 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
Options Company Amount
Option 1 Kompan $88,691.27
Option 2 All About Play $98,790.24
Of the City of Livingston
APPROVED AS TO LEGAL FORM
________________________
Marc Barraza Tran, City Attorney
Of the City of Livingston
TO: DATE:
BY:
CONTACT:
PHONE:
EMAIL:
REFERENCE:
Little Tikes Commercial Equipment - Sourcewell/NJPA Contract #010521-LTS Qty Description Each Total
MATERIALS: 1 Kid Builder Playground Deign Option 2 $113,552.00 $ 113,552.00 with Integrated Shad, Stand-N-Spin, & -
Additional Inclusive Items
-
Sourcewell Discount 20% $ (22,710.40)
-
-
-
SUB TOTAL: $ 90,841.60
TAX: Sales tax is an estimate final tax will be charged 8.750% $ 7,948.64 based on final shipping address
FREIGHT: Shipping cost $5,800.00 covered by Sourcewell No Charge TOTAL: $ 98,790.24
Please make purchase orders out to:
PlayPower LT Farmington C/O All About Play 3844 Presidio St., Sacramento, CA 95838 Signature: Date:
Glen Wurster
916.923.2180 PH
[email protected]
Customer is responsible to receive and offload equiment upon delivery. [email protected]
Playground Equipment Option 2
Max Foster Sports Complex
Anthony Chavarria
209.394.8044
Current lead time is 6-8 weeks for equipment shipping.
Quote is Good for 60 Days from Date Quoted
Quote # 111725
November 25, 2025
Phone: 916-923-2180 Fax: 916-646-6383
www.playgroundpros.com
QUOTATION
PlayPower LT Farmington C/O
All About Play Inc
3844 Presidio Street, Sacramento, CA 95838
City of Livingston
3844 Presidio Street • Sacramento, CA • (916) 923-2180 PH • www.playgroundpros.com I accept the terms and pricing listed on the above quotation:
Remit All Payments To:
PlayPower LT Farmington PO Box 734155 Dallas, TX 75373-4155 This quote does not include installation of any kind.
Safety surfacing is not included in this quuote.
Saefty surfacing, installation, and offloading is sole responsibility of the customer.
COMMERCIA-)
All
~9r~~~Plav
The Playground & Recreation Profess,onals,j/
City of Livingston
1416 C street
Mayra Dheri
Livingston, CA 95334
Email
Sales Representative
[email protected]
Doris Harpain
Quote No.
Document Date
SP160196-4
01/07/2026
Sales Proposal
Phone No. 559-977-2656 / 800-426-9788
Expiration Date 03/08/2026
Project Name US326367 Livingstone playground
Customer No. C158877
No. Description Qty Unit Unit Price Discount % Net Price KSW93040-0950 Swing W/ Shell Seat - Greenline 1 Pieces 5,570.00 5,570.00 Total CO₂ Emission 1,101.6 LB (1,101.6 LB/Pieces)
In-Ground 90cm
PCM310632-0901 Triple Tower, Wackle - Red 1 Pieces 58,900.00 30.00 41,230.00 Total CO₂ Emission 7,624.6 LB (7,624.6 LB/Pieces)
In-Ground
PCM003821-0901 Play Panel High 2, Music - Red 1 Pieces 7,490.00 20.00 5,992.00 Total CO₂ Emission 492.3 LB (492.3 LB/Pieces)
In-ground 90cm
PCM003921-0901 Play Panel High 3, Learning - Red 1 Pieces 6,080.00 20.00 4,864.00 Total CO₂ Emission 531.2 LB (531.2 LB/Pieces)
In-ground 90cm
NRO120-0901 Carousel with Seats - Untreated 1 Pieces 11,400.00 11,400.00 Total CO₂ Emission 1,207.5 LB (1,207.5 LB/Pieces)
In-ground 90cm
US-ENGSTAMPDRW-1Engineered Stamped Drawings 1-5 pieces 1 Pieces 3,846.15 3,846.15 FREIGHT Freight 1 Pieces 10,139.20 10,139.20
US ROBINIA
SERVICE
Robinia Service Program included in sales price
Kompan California, Inc. | 22431 Antonio Parkway, Ste B160-426 | Rancho Santa Margarita, CA 92688 | USA | Phone No. 1-800-426-9788 E-Mail [email protected] | www.KOMPAN.us
SWIFT Code NDEAUS3N (Nordea Bank, NY | Bank Account No. USD 718 155 3001 | Routing No. 026010786)
";f- KOMPAN ®
Let's play
City of Livingston
1416 C street
Mayra Dheri
Livingston, CA 95334
Email
Sales Representative
[email protected]
Doris Harpain
Quote No.
Document Date
SP160196-4
01/07/2026
Sales Proposal
Phone No. 559-977-2656 / 800-426-9788
Expiration Date 03/08/2026
Project Name US326367 Livingstone playground
Customer No. C158877
No. Description Qty Unit Unit Price Discount % Net Price NOTES
This quote is for equipment only. No site work,
surfacing or installation is included.
Customer is responsible for safety surfacing
appropriate to the max fall height of equipment.
Please allow "11" to "13" weeks for product delivery
upon order placement.
Description Qty Retail Price Discount Net Price
No. of Products 5
Subtotal - Products 89,440.00 20,384.00 69,056.00
Subtotal - Installation 3,846.15 3,846.15
Subtotal - Freight 10,139.20 10,139.20
Total USD Excl. Tax 83,041.35
Estimated Tax rate 5,649.92
Total USD Incl. Tax 88,691.27
Payment Terms 50% Prepayment , 50% Net 30 days
Installation Site Address
Livingstone
2238 Walnut Ave. Livingston, Ca
Livingston, CA 95334
Kompan California, Inc. | 22431 Antonio Parkway, Ste B160-426 | Rancho Santa Margarita, CA 92688 | USA | Phone No. 1-800-426-9788 E-Mail [email protected] | www.KOMPAN.us
SWIFT Code NDEAUS3N (Nordea Bank, NY | Bank Account No. USD 718 155 3001 | Routing No. 026010786)
";f- KOMPAN ®
Let's play
City of Livingston
1416 C street
Mayra Dheri
Livingston, CA 95334
Email
Sales Representative
[email protected]
Doris Harpain
Quote No.
Document Date
SP160196-4
01/07/2026
Sales Proposal
Phone No. 559-977-2656 / 800-426-9788
Expiration Date 03/08/2026
Project Name US326367 Livingstone playground
Customer No. C158877
Note that the color and texture of products and surfacing made with recycled content are subjected by the differences from the used recycled raw materials. Therefore, minor differences in the appearance and texture can occur.
Applicable sales tax will be added unless a valid tax exemption certificate is provided. This amount is only an estimate of your tax liability.
Your acceptance of this proposal constitutes a valid order request and includes acceptance of terms and conditions contained within this Master Agreement, which is hereby acknowledged.
Acceptance of this proposal from KOMPAN is acknowledged by issuance of an order confirmation by an authorized KOMPAN representative.
Prices in this quotation are good until expiration date, shown in the top of this document. After that date, this proposal may be withdrawn.
Prevailing Wage and Payment & Performance Bonds are not included unless stated in body of Sales Proposal. If Payment & Performance Bonds are needed, add 2.2% of the entire sales proposal.
This information required for order placement:
Accepted By (Please Print): __________________________________________________ Accepted By (Title): __________________________________________________________ Accepted By (signature): ____________________________________________________ Date: ________________________________________________________________________ Date Equipment needed on site: __________________________________ Bill To: _______________________________________________________ Ship To: ____________________________________________________________ Address: _____________________________________________________ Address: ___________________________________________________________ City, State, Zip: ______________________________________________ City, State, Zip: _____________________________________________________ Contact: _____________________________________________________ Contact: ____________________________________________________________ Contact Email: _______________________________________________ Contact Email: ______________________________________________________ Contact Phone (Office): _____________________________________ Contact Phone (Office): ____________________________________________ Contact Phone (Cell): ______________________________________________ SALES TAX EXEMPTION CERTIFICATE #: ____________________________________________________________ (PLEASE PROVIDE A COPY OF CERTIFICATE)
Kompan California, Inc. | 22431 Antonio Parkway, Ste B160-426 | Rancho Santa Margarita, CA 92688 | USA | Phone No. 1-800-426-9788 E-Mail [email protected] | www.KOMPAN.us
SWIFT Code NDEAUS3N (Nordea Bank, NY | Bank Account No. USD 718 155 3001 | Routing No. 026010786)
";f- KOMPAN ®
Let's play
4901-8975-4979 v1 1
CITY OF LIVINGSTON
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT (herein “Agreement”) is made and entered into on _______, 2026, by and between the CITY OF LIVINGSTON, a municipal corporation (“City”) and ______________ (herein “Vendor”).
NOW, THEREFORE, the parties hereto agree as follows:
1. SERVICES OF VENDOR
1.1 Scope of Services. In compliance with all of the terms and conditions of this Agreement, the Vendor shall furnish all materials, equipment, tools, and transportation and comply with all of the specifications and requirements set forth in the “Sales Proposal” attached hereto as Exhibit “A” and incorporated herein by reference. Vendor warrants that it has the experience and ability to perform all work and services required hereunder and that it shall diligently perform such work and services in a professional and satisfactory manner.
1.2 Compliance With Law. All work and services rendered hereunder shall be provided in accordance with all ordinances, resolutions, statutes, rules, and regulations of the City and any Federal, State or local governmental agency of competent jurisdiction.
1.3 Special Requirements. Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit “B” and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit “B” and any other provisions of this Agreement, the provisions of Exhibit “B” shall govern.
2. COMPENSATION
2.1 Contract Sum. For the materials, equipment, tools, and transportation provided pursuant to this Agreement, Vendor shall be compensated in accordance with the listed price in Exhibit “A” but not exceeding the maximum contract amount of $________( Dollars) (“Contract Sum”).
2.2 Invoices. Upon or before delivery of the products, Vendor shall furnish to City an original invoice for all products and services in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Vendor is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: materials, equipment, tools, and travel. Sub-contractor charges shall also be detailed by such categories. Vendor shall not invoice City for any duplicate services performed by more than one person.
City shall independently review the invoice submitted by the Vendor to determine whether the products provided and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for products provided or expenses incurred by Vendor which are disputed by City, City will use its best efforts to cause Vendor to be paid within forty five (45) days of receipt of Vendor’s correct and undisputed invoice; however, Vendor
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acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Vendor for correction and resubmission.
Review and payment by the City of any invoice provided by the Vendor shall not constitute a waiver of any rights or remedies provided herein or any applicable law.
3. PERFORMANCE SCHEDULE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance. Vendor shall commence procurement of the products pursuant to this Agreement upon execution of this Agreement. When requested by the Vendor, extensions may be approved in writing by the Contract Officer but not exceeding thirty (30) days cumulatively.
3.3 Force Majeure. The time period specified in Section 3.2 for procurement of the products pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Vendor, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Vendor shall within ten (10) days of the commencement of such delay notify the Contract Officer (defined below) in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer’s determination shall be final and conclusive upon the parties to this Agreement. In no event shall Vendor be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Vendor’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term. Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until procurement of the products but not exceeding years from the date hereof.
4. COORDINATION OF WORK
4.1 Representative of Vendor. ____________________________ is hereby designated as being the representative of Vendor authorized to act on its behalf with respect to the work and services specified herein and make all decisions in connection therewith. All personnel of Vendor and any authorized agents shall be under the exclusive direction of the representative of Vendor. Vendor shall utilize only competent personnel to perform services pursuant to this Agreement. Vendor shall make every reasonable effort to maintain the stability and continuity of Vendor’s staff and subcontractors, and shall keep City informed of any changes.
4.2 Contract Officer. ______________________________ [or such person as may be designated by the City Manager] is hereby designated as being the representative the
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City authorized to act in its behalf with respect to the work and services specified herein and to make all decisions in connection therewith (“Contract Officer”).
4.3 Delivery Subcontracting. Vendor may hire a delivery service to deliver the products to the City. The Vendor must provide the name of the delivery service and contact information to the City.
4.4 Prohibition Against Subcontracting or Assignment. Other than Section
4.3, Vendor shall not contract with any entity to perform in whole or in part the work or services required hereunder without the express written approval of the City. Neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. Any such prohibited assignment or transfer shall be void.
4.5 Independent Vendor. Neither the City nor any of its employees shall have any control over the manner, mode or means by which Vendor, its agents or employees, procure the products required herein, except as otherwise set forth. Vendor shall perform all services required herein as an independent contractor of City with only such obligations as are consistent with that role. Vendor shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City, or that it is a member of a joint enterprise with City.
5. INSURANCE AND INDEMNIFICATION
5.1 Indemnification. To the full extent permitted by law, Vendor agrees to indemnify, defend and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against, and will hold and save them and each of them harmless from, any and all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations or activities provided herein of Vendor, its officers, employees, agents, subcontractors, invitees, or any individual or entity for which Vendor is legally liable (“indemnitors”), or arising from Vendor’s or indemnitors’ reckless or willful misconduct, or arising from Vendor’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant or condition of this Agreement, except claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions. The indemnity obligation shall be binding on successors and assigns of Vendor and shall survive termination of this Agreement.
6. ENFORCEMENT OF AGREEMENT AND TERMINATION
6.1 California Law. This Agreement shall be interpreted, construed and governed both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Merced, State of California. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Eastern District of California.
6.2 Legal Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover
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damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Vendor shall file a statutory claim pursuant to Government Code Sections 905 et. seq. and 910 et. seq., in order to pursue any legal action under this Agreement.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party.
7. MISCELLANEOUS
7.1 Covenant Against Discrimination. Vendor covenants that, by and for itself, its heirs, executors, assigns and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Vendor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, ancestry, or other protected class
7.2 Non-liability of City Officers and Employees. No officer or employee of the City shall be personally liable to the Vendor, or any successor in interest, in the event of any default or breach by the City or for any amount, which may become due to the Vendor or to its successor, or for breach of any obligation of the terms of this Agreement.
7.3 Notice. Any notice, demand, request, document, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by prepaid, first-class mail, in the case of the City, to the City Manager and to the attention of the Contract Officer (with her/his name and City title), City of Livingston, 1416 C Street, Livingston, CA 95334, and in the case of the Vendor, to the person(s) at the address designated on the execution page of this Agreement.
Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated at the time personally delivered or in seventy-two (72) hours from the time of mailing if mailed as provided in this Section.
7.4 Integration; Amendment. It is understood that there are no oral agreements between the parties hereto affecting this Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the parties, and none shall be used to interpret this Agreement. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing.
7.5 Severability. In the event that part of this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining portions of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the
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parties hereunder unless the invalid provision is so material that its invalidity deprives either party of the basic benefit of their bargain or renders this Agreement meaningless.
7.6 Waiver. No delay or omission in the exercise of any right or remedy by non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. A party’s consent to or approval of any act by the other party requiring the party’s consent or approval shall not be deemed to waive or render unnecessary the other party’s consent to or approval of any subsequent act. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.7 Attorneys’ Fees. If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement, the prevailing party in such action or proceeding, in addition to any other relief which any be granted, whether legal or equitable, shall be entitled to reasonable attorney’s fees, whether or not the matter proceeds to judgment.
7.8 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
7.9 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
7.10 Warranty & Representation of Non-Collusion. No official, officer, or employee of City has any financial interest, direct or indirect, in this Agreement, nor shall any official, officer, or employee of City participate in any decision relating to this Agreement which may affect his/her financial interest or the financial interest of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any corporation, partnership, or association in which (s)he is directly or indirectly interested, or in violation of any State or municipal statute or regulation. The determination of “financial interest” shall be consistent with State law and shall not include interests found to be “remote” or “noninterests” pursuant to Government Code Sections 1091 or 1091.5. Vendor warrants and represents that it has not paid or given, and will not pay or give, to any third party including, but not limited to, any City official, officer, or employee, any money, consideration, or other thing of value as a result or consequence of obtaining or being awarded any agreement. Vendor further warrants and represents that (s)he/it has not engaged in any act(s), omission(s), or other conduct or collusion that would result in the payment of any money, consideration, or other thing of value to any third party including, but not limited to, any City official, officer, or employee, as a result of consequence of obtaining or being awarded any agreement. Vendor is aware of and understands that any such act(s), omission(s) or other conduct resulting in such payment of money, consideration, or other thing of value will render this Agreement void and of no force or effect.
7.11 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly
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authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[Signatures On The Following Page]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written.
CITY:
CITY OF LIVINGSTON
By:
Jose Antonio Ramirez, City Manager
Date: ______________________________
VENDOR:
[VENDOR NAME]
By:
Name:
Title:
Date: ______________________________
By:
Name:
Title:
Date: ______________________________
ATTEST:
By:
Monica Cisneros, Deputy City Clerk
Date: ______________________________
APPROVED AS TO FORM:
BURKE, WILLIAMS & SORENSEN, LLP
By:
Marc Barraza Tran, City Attorney
Date: ______________________________
Address:
Two corporate officer signatures required when
Vendor is a corporation, with one signature required
from each of the following groups: 1) Chairman of
the Board, President or any Vice President; and 2)
Secretary, any Assistant Secretary, Chief Financial
Officer or any Assistant Treasurer. VENDOR’S
SIGNATURES SHALL BE DULY NOTARIZED,
AND APPROPRIATE ATTESTATIONS SHALL
BE INCLUDED AS MAY BE REQUIRED BY THE
BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS
APPLICABLE TO VENDOR’S BUSINESS
ENTITY.
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4901-8975-4979 v1
EXHIBIT “A”
SALES PROPOSAL
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EXHIBIT “B”
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
Max Foster
Sports Complex
Playground
Design Options
OPTION 1 PLAYGROUND
DESIGN
OPTION 1 PLAYGROUND DESIGN
/""Max Foster Sports Complex
Livingston, CA
LTCPS rep:
Glen Wurst.er
All About Play
(916) 923-2 180
Ground Space: 59'-6" x 35'-6"
Protective Area: 63'-6" x 38'-6"
Drawn by: Glen Wurst.er
Date: 2/1/ ~025
DWGName: R03]7 4569054109
LTCPS - Fannington
878 East Highway 60
Monett, Missouri 65708
Voice: 1-800-325-8828
Fax: 417-354-2273
'----------------
AGE GIROUP: 5-112
ELEVATED PI..AY ACTIIVITIIES - TOTAL: l3
ELEVATED PLAY ACTIVITIES ACCESIIBLE BY TRANSFER: 13 REQ'ID 7 ELEVATED PLAY ACTIVITIES AOCESIBLE BY RAMP: 0 REQ'ID 0
GROUND LEVELACTIVITYlYPE: 5 RIEQ'ID 3
GROUND LEVEL QUANTITY: 9 RIEQ'ID 4
General Notes:
Ag1e 1Grou1p
D yrs ll!S-12 yrsO · -1-yn
i . A - • • 1 msabil~t ie . . :yo .
ii 'la'I n
MtJMBI e OLJ. 2 .For pla _ ground e,q u ip , • • • ~,e SU • Ii
3. h c1 p . y , osedl . •
Iate rr • t
p aygrou nd m . idering
~ ex portents. ·.Al re fro 9FO!JJ d l'.lO,.·er. .Fa un , re nd,er ani:!I . c1 uip 6. m • II zone c1 ourndl lhe er'itire iol,-a . •.• j· to ~ free of all
tnp _ o .e. r,oot . oord r
7 m 1 @rial, ~tc.)_
.All poiSt len hs are idlentif1i b text S1 h.o 'ft!i th.it:! pos.t len •. ·hs,, i~ '9 6 • presen·ts a 9S inch post
8.JNot a II ecquipmeriit may be c1 p ropriM.e kl r c1 I oh.ii re.Ii!.. • upeNisio • quired!.
Playground Layout
Con1pliance:
Q'.:i ASTM F1487 - Playground
Equipment for Public U e.
liZ] CPSC Handbook for Public
Playground Safety
liZJ TI1is playground design meets the
final Access Board Regulations. The play components identified in this plan are IPE MA certifiOO.The use and layout of these components conform to the requirements of ASTM F1487. Page 260 of 290 OPTION 1 PLAYGROUND DESIGN
CO
~ NCERliO
3-CONGAS
200203443
CONCERliO SPIN
CABASAS LARGE
200203441
CONCERTO SPIN
CABASAS MEDIUM
200203440
ROUNDABOUT
OVERHEAD S'
200202241
KB SHADE 30 X 30 FR FAB
200'203698
FS CO MUNICATION SIGN
200203886
a------e
RU NG
LADDER 2'
200014954
SIDE STEP
CLIMBER 4'
200095397
48 B
ALIEX'S LEMONADE
STAND BELOW
200203435
QU ANTU 11 SPilRAL
2002031311
ARCHED BRIDGE
W/SAFETY RAILS 8'
200006961
TONGUE DRUM
POST PLAYER
200203876
TRANSFER STATION
W/SAFETY RAILS
20Cl202562
HOPE STEEL
ARCHCLIIMB
200203893
FAN
CUMBER
2Clll'2021195
DECK TO DECK
BUMPY
2002Cl0015
STANO -N-SPIN
200201539
OBLWIDE
PLASTIC SllOE
200006977
OPTION 1 PLAYGROUND DESIGN
OPTION 1 PLAYGROUND DESIGN
OPTION 1 PLAYGROUND DESIGN
OPTION 1
QUOTE
QUOTATION All
PlayPower LT Farmington C/O About Pl
( nwcttkcs) COMMERCIAL] All A bout Play Inc - )5tt Ti a V 3844 Presidio Street, Sacramento, CA 95838 The Pl.,,,roooo & AB<TBar<10 Profes,.,nals v TO:
CONTACT:
PHONE:
EMAIL:
Phone: 9 16-923-2180 Fax: 9 16-646-6383 7,
Cit y of Livingston
Max Foster Sports Complex
Anthony Chavarria
209.394.8044
www.playgroundpros.com
achav arria@I iv i ngstonca.qov
DATE: November 25, 2025
BY: Glen Wurster
916.923.2180 PH
[email protected]
REFERENCE: Playg round Equipment Option 2 Quote# 111725 Little Tikes Commercial Equipment - Sourcewell/NJPA Contract #010521-LTS Qty Desc ription Each
MATERIALS: 1 Kid Builder Playg round Deign Option 2 $113,552.00 with Integrated Shad, Stand-N-Spin, &
TAX:
Additional I nclusive Items
Sourcewell Discount
SUB TOTAL:
Sales tax is an estimate final tax will be charged
based on final shipping address
20%
8.750%
$
$
$
Total
113,552.00
(22,710.40)
90,841.60
7,948.64
FREIGHT: Shipping cost $5,800.00 covered by Sourcewell No Charge TOTAL: $ 98,790 .24
Quote is Good for 60 Days from Date Quoted
Current lead time is 6-8 weeks for equipment shipping.
Customer is responsible to receive and offload equiment upon delivery.
This quote does not include installation of any kind.
Safety surfacing is not included in this quuote.
Saefty surfacini:i, installation, and offloadini:i is sole responsibility of the customer.
OPTION 2 PLAYGROUND
DESIGN
OPTION 2 PLAYGROUND DESIGN
OPTION 2 PLAYGROUND DESIGN
OPTION 2 PLAYGROUND DESIGN
OPTION 2 PLAYGROUND DESIGN
OPTION 2 PLAYGROUND DESIGN
OPTION 2
QUOTE
KOMPAN"fLet's play
P'a9e 2 oJ4
Sales Proposal
Gty of LimgiStoo
Mayra Dheri
1416 C iStree,t
LillingiSlon.. CA 95334
Project anrne
INo,
US32.6367 l.MngiStone playg;roun.ci
NOTiES
Th is quole is. for equipment only. o site wort
.su rfacingi or insJtallalion is ·ndud'ed ..
Customer is responsible for safeiy· surfacing
appropriate to the maic Ia11 heighl of equipment.
Please a low "11 • to "B " weels for pradl!ICt deli..,ery· u pan order plac:erne.m;
Qoote No ..
Customer No.
Document Date
Expira~ion Date
Sales R~presentalii.re
Email
Phone No.
9P160196-4
C15:B877
111/07/2026
113/11812026
Doris Harp,ain
Dorl-lar@ am,palLilom
559-977-2656/ 800'"'426-9788
Unit IPrke Disfloonl % Net IPri1:e
Dll!Sflription, 1
Q,ty R.etail IPri1:e Disc-01Jnl Net IPri1:e
!Payment Te~ms '50\lb Prepayment , 50% Nel 30 days
No. a l' Produots
Subto:lal - Pin>dl!ICls.
Sublotal - ln5ta lalion
Subto:lal - Freight
Total IUiSD IExcl. Tax
Estimated Tax rate
Total IUiSD llnflL Tax
s
89.440.00 2Q.3S.4cll0
3,846.15
10.139.20
69.1156.00
3.846.1 5
10.139.211
83,8"1 .. 35,
'5,649.92
88,691.27
OPTION
PLAYGROUND
QUOTE
COMPARISON
OPTION 1 OPTION 2
SUBTOTAL +
TAX
$98,790.24 $88,691.27
FREIGHT INCLUDED INCLUDED
SHADE
STRUCTURE
INCLUDED INCLUDED
TOTAL $98,790.24 $88,691.27
Ill
PROPOSED
LOCATION
STAFF REPORT
AGENDA ITEM: Discussion and Direction on City’s State and Federal Legislative Priorities.
MEETING DATE: March 3, 2026
REQUESTED BY: Council Member Japjeet Uppal
REVIEWED BY: Jose Antonio Ramirez, City Manager
RECOMMENDATION
It is recommended that the City Council provide direction on the creation of a Legislative Platform outlining the City’s legislative priorities.
BACKGROUND
On December 16, 2025, the City Council discussed the creation of a Legislative Platform at its regular meeting. Members of the public requested that the Council receive input on legislative priorities for this plan before formalizing a Legislative Platform. The City aimed to adopt a Legislative platform by the end of January 2026.
DISCUSSION AND RECOMMENDATION
A Legislative Platform sets forth a framework for the City to engage in legislative activities. The purpose of tracking legislation is to pursue opportunities that support the well-being of the City and its residents, and to oppose proposed actions that are in conflict with the City’s vision.
If a Legislative Platform is adopted, City staff can identify and inform the Council of local, state, and federal actions that could provide opportunities for the City to pursue grant opportunities or otherwise realize its goals. The Legislative Platform can also be used to advise the Council of legislation that may create roadblocks to the city’s priorities.
FISCAL IMPACT
There is no direct fiscal impact associated with the discussion of this item. Adopting a legislative agenda enables staff to better track and pursue future grant opportunities and mitigate negative financial impacts from new mandates.
STAFF REPORT
AGENDA ITEM: Consider Adoption of Resolutions Authorizing Submission of FY27 Community Project Funding Requests to Congressman Adam Gray for the Livingston 99 Storm Drainage Lift Station Rehabilitation Project and the Fire Engine Acquisition Project.
MEETING DATE: March 5, 2025
PREPARED BY: Jose Antonio Ramirez – City Manager
REVIEWED BY: Jose Antonio Ramirez – City Manager
RECOMMENDATION:
Staff recommends that the City Council:
1. Adopt Resolution No. ___ authorizing submission of the Livingston 99 Storm Drainage Lift Station Rehabilitation Project for FY27 Community Project Funding consideration; and/or
2. Adopt Resolution No. ___ authorizing submission of the City of Livingston Fire Engine Acquisition Project for FY27 Community Project Funding consideration.
The Council may choose to submit one or both projects for consideration.
BACKGROUND AND DISCUSSION:
The Office of Congressman Adam Gray is accepting requests for Fiscal Year 2027 Community Project Funding (CPF) pursuant to House Appropriations Committee guidelines. FY27 Community Project Funding. Under this process, Members of Congress may submit up to 20 projects for consideration, and each project must demonstrate a clear federal nexus, public benefit, and community support.
Staff have prepared two projects that meet eligibility requirements and align with authorized federal funding accounts:
1. Livingston 99 Storm Drainage Lift Station Rehabilitation Project Funding Account: Environmental Protection Agency – STAG Clean Water State Revolving Fund
Total Request: $1,764,000
This project will rehabilitate an aging duplex stormwater lift station serving the Highway 99 underpass along Campbell Boulevard. The facility plays a critical role in preventing roadway flooding, protecting public safety, and maintaining emergency access during storm events. The project includes pump replacement, piping upgrades, electrical and SCADA modernization, and construction management.
This project advances federal clean-water objectives, protects downstream water resources, and enhances flood resilience and economic stability.
2. City of Livingston Fire Engine Acquisition Project
Funding Account: Federal Emergency Management Agency (FEMA) – Federal Assistance Total Request: $1,236,985.58
Merced County recently discontinued fire protection services within the City of Livingston, requiring the City to establish its own independent municipal fire department within the next 12 months. The proposed project funds the acquisition of a Spartan Gladiator MFD Type 1 Pumper to serve as the department’s first-out engine.
This investment supports the City’s transition to independent fire services, ensures uninterrupted emergency response coverage, and offsets fiscal impacts on residents resulting from the County’s withdrawal of services.
Community Project Funding Requirements
The CPF process requires:
• Demonstration of a federal nexus
• Certification of no financial interest by Members of Congress • Publicly supported projects
• Funding directed to eligible governmental entities (not for-profit recipients) Both proposed projects meet eligibility requirements and fall within authorized funding accounts.
FISCAL IMPACT:
Submission of these projects does not commit the City to expend funds beyond any previously authorized local matching requirements. If selected for inclusion in the federal appropriations bill and subsequently enacted, funding would offset existing or planned capital expenditures.
ATTACHMENTS:
1. Resolution – Livingston 99 Storm Drainage Lift Station Rehabilitation Project
2. Resolution – Livingston Fire Engine Acquisition Project
3. Project Narrative – Storm Drainage Lift Station
4. Project Narrative – Fire Engine Acquisition
5. FY27 Community Project Funding Memo
RESOLUTION NO. 2026-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON AUTHORIZING SUBMISSION OF THE LIVINGSTON 99 STORM DRAINAGE LIFT STATION REHABILITATION PROJECT FOR FY27 COMMUNITY PROJECT FUNDING
CONSIDERATION
WHEREAS, the U.S. House of Representatives is accepting Community Project Funding requests for Fiscal Year 2027; and
WHEREAS, the Livingston 99 Storm Drainage Lift Station serves a critical public safety and flood control function for the Highway 99 underpass corridor; and WHEREAS, the total project cost is $1,764,000;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livingston as follows:
Section 1. The City Council hereby authorizes submission of the Livingston 99 Storm Drainage Lift Station Rehabilitation Project to Congressman Adam Gray for consideration under the FY27 Community Project Funding process.
Section 2. The City Manager is authorized to execute all necessary documents and certifications required for submission.
I hereby certify that the foregoing Resolution No. 2026-_ 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 5th day of March 2026, 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
Of the City of Livingston
APPROVED AS TO LEGAL FORM
________________________
Marc Barraza Tran, City Attorney
Of the City of Livingston
RESOLUTION NO. 2026-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON AUTHORIZING SUBMISSION OF THE LIVINGSTON FIRE ENGINE ACQUISITION PROJECT FOR FY27
COMMUNITY PROJECT FUNDING CONSIDERATION
WHEREAS, the U.S. House of Representatives is accepting Community Project Funding requests for Fiscal Year 2027; and
WHEREAS, Merced County has discontinued fire protection services within the City of Livingston, requiring the establishment of an independent municipal fire department; and WHEREAS, acquisition of a Spartan Gladiator MFD Type 1 Pumper is necessary to ensure uninterrupted emergency response capability.
WHEREAS, the total project cost is $1,236,985.58;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livingston as follows:
Section 1. The City Council hereby authorizes submission of the Livingston Fire Engine Acquisition Project to Congressman Adam Gray for consideration under the FY27 Community Project Funding process.
Section 2. The City Manager is authorized to execute all necessary documents and certifications required for submission.
I hereby certify that the foregoing Resolution No. 2026-_ 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 5th day of March 2026, 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
Of the City of Livingston
APPROVED AS TO LEGAL FORM
________________________
Marc Barraza Tran, City Attorney
Of the City of Livingston
Community Project Funding Request – FY27
Livingston 99 Storm Drainage Lift Station Rehabilitation Project Applicant: City of Livingston, California
Project Summary
The City of Livingston respectfully requests $1,764,000 in Community Project Funding under the Environmental Protection Agency’s STAG—Clean Water State Revolving Fund account to support the rehabilitation of the Livingston 99 Storm Drainage Lift Station. This critical infrastructure project will modernize and restore reliable operation to an aging duplex stormwater pump station that serves a major underpass along Campbell Boulevard.
Project Description and Need
The existing lift station collects and discharges stormwater runoff from a large Highway 99 underpass area. During significant storm events, the facility plays a vital role in preventing roadway flooding, protecting public safety, and maintaining emergency access. The current pumps, electrical components, and control systems are aging and increasingly unreliable, posing a risk of system failure and roadway inundation.
The project will include:
• Removal of existing pumps and equipment
• Furnishing and installation of two new pumps and motors • Installation of new discharge piping, valving, and appurtenances • Upgrades to instrumentation, controls, and electrical systems, including SCADA integration, PLC upgrades, and programming
• Construction management and administration
These improvements will increase system reliability, improve operational efficiency, reduce maintenance costs, and enhance the City’s ability to respond to severe weather events.
Project Budget
• Construction Subtotal: $1,240,000
• 10% Contingency: $124,000
• Construction Total: $1,364,000
• Plans, Specifications, Estimate & Bidding: $200,000
• Construction Management/Administration: $200,000
• Total Project Cost: $1,764,000
Federal Nexus
This project qualifies under the Environmental Protection Agency’s STAG—Clean Water State Revolving Fund account, which supports publicly owned wastewater and stormwater
infrastructure projects that protect water quality and public health. Rehabilitation of the Livingston 99 Lift Station will improve stormwater management, reduce the risk of contaminated runoff, and protect downstream water resources in compliance with federal clean water objectives.
Community Benefit and Support
The project directly benefits residents, businesses, commuters, and emergency responders who rely on safe passage along Campbell Boulevard and the Highway 99 corridor. The lift station is essential infrastructure serving a heavily traveled regional transportation route. Upgrading this facility will improve flood resilience, enhance public safety, and safeguard local economic activity.
The City of Livingston is committed to stewardship and compliance with all applicable federal requirements and oversight provisions.
Funding Request
The City respectfully requests $1,764,000 in FY27 Community Project Funding to fully implement this critical infrastructure rehabilitation project and ensure long-term system reliability for the Livingston community.
Community Project Funding Request – FY27
City of Livingston Fire Engine Acquisition Project
Applicant: City of Livingston, California
Project Summary
The City of Livingston respectfully requests $1,236,985.58 in Community Project Funding under the Federal Emergency Management Agency (FEMA) Federal Assistance account to support the acquisition of a Spartan Gladiator MFD Type 1 Pumper for the Livingston Fire Department.
Merced County recently discontinued fire protection services in the City of Livingston, requiring the City to establish and implement its own independent municipal fire department within the next 12 months. This significant service transition places immediate operational and fiscal responsibility on the City to ensure uninterrupted emergency response coverage.
This critical public safety investment will replace a frontline engine placed into service in 2001 and will serve as the first-out apparatus for the newly established municipal department.
Federal assistance will support the City’s transition to independent fire services while helping offset the fiscal impact on residents resulting from the County’s decision to discontinue services.
Project Description and Need
The Livingston Fire Department operates multiple pieces of apparatus, some of which were previously owned by Merced County. The City’s last engine purchase was placed into service in 2001 and is now in need of replacement. With the transition of fire protection services from Cal-Fire through Merced County to the City of Livingston’s own fire department, the acquisition of a new first-out engine is imperative to maintain uninterrupted public safety services.
To prepare for this transition, the Fire Department formed a committee to develop updated specifications for a new engine. The committee used the specifications from the 2001 engine as a base and incorporated modifications to address current operational needs and future service demands.
The project will include:
• Procurement of one Spartan Gladiator MFD Type 1 Pumper • Purchase through HGAC Buy cooperative purchasing Contract #FS-12-23, Product/Specification #HTSM45M12575
• Modern pump, motor, and safety systems compliant with current operational standards • First-out frontline deployment, with the replaced engine retained for backup service The City selected the “Pre-Pay Chassis at Chassis Delivery” option to secure cost savings and a shorter delivery timeline, with an estimated delivery window of approximately 24 months.
These improvements will enhance response reliability, improve firefighter safety, reduce maintenance costs associated with aging equipment, and strengthen regional emergency response capacity.
Project Budget
• Fire Engine Purchase (Pre-Pay Chassis at Chassis Delivery): $1,236,985.58 • Total Project Cost: $1,236,985.58
Federal Nexus
This project qualifies under the FEMA Federal Assistance account, which supports local emergency preparedness, disaster response, and hazard mitigation efforts.
Acquisition of the Spartan Gladiator MFD Type 1 Pumper will strengthen Livingston’s ability to respond to structure fires, vehicle accidents, medical emergencies, wildfire incidents, and federally declared disasters. Modern frontline fire apparatus directly supports federal objectives related to public safety resilience, emergency readiness, and community disaster preparedness.
Community Benefit and Support
The project directly benefits approximately 14,000 Livingston residents, as well as local businesses, schools, and major transportation corridors, including areas near Highway 99.
The County’s decision to discontinue fire services placed significant and immediate fiscal and operational responsibility on the City and its residents. Establishing an independent municipal fire department within a compressed timeline requires substantial capital investment in apparatus and equipment. Without federal assistance, these costs would place additional financial strain on local funding sources, including the General Fund and locally generated revenue streams.
Acquiring this new first-out engine will:
• Ensure uninterrupted emergency response during the transition to municipal fire services
• Protect life and property during structure fires, vehicle accidents, medical emergencies, and wildfire incidents
• Improve firefighter safety through modern equipment and updated specifications • Strengthen regional mutual aid participation
• Stabilize long-term emergency service delivery for the Livingston community
This investment supports public safety continuity, mitigates the fiscal burden on residents resulting from the County’s service withdrawal, and ensures that Livingston can independently provide reliable fire protection services moving forward.
The City of Livingston is committed to stewardship and compliance with all applicable federal requirements and oversight provisions.
Funding Request
The City respectfully requests $1,236,985.58 in FY27 Community Project Funding to fully implement this critical public safety investment and ensure long-term emergency response reliability for the Livingston community.
MEMORANDUM ON COMMUNITY PROJECT FUNDING
OFFICE OF CONGRESSMAN ADAM GRAY
In addition to programmatic and language-based appropriations requests, the House Appropriations Committee will also accept requests for Community Project Funding in Fiscal Year 2027. This process is a way for Members of Congress to bring direct support to their district by requesting funding that goes directly to their state or local government, or eligible non-profit recipients. These projects will be funded on a limited basis, and each Member of Congress will be able to submit 20 requests. This means that our office can only select the most competitive requests for funding that meet all relevant guidelines. The general requirements and accounts available for requests are described below. All requests are due by March 6th, 2026. An application form can be filled out on our website:
https://gray.house.gov/services/appropriations.
What is the difference between Programmatic and Language requests and Community Project Funding Requests?
• Programmatic – general support or funding for a program. • Language – a request to add language to the bill or report to accompany the bill which generally does not include dollar amounts.
• Community Project Funding – directs funds to a specific state or local government or eligible non-profit recipient.
Programmatic and Language requests are covered by the traditional appropriations process, and a submission form for these requests will also be available on the website after the release of Committee guidance. This memo will only cover Community Project Funding.
What criteria will be used to evaluate Community Project Funding requests? • Cap on Overall Funding: The total amount for Community Project Funding in House appropriations bills will not exceed one half of one percent of discretionary spending. • Federal Nexus Requirement: In order to ensure a federal nexus exists for each funded project, the Committee will only fund projects that are tied to a federal authorization law. Members must include a written statement describing the federal nexus for each Community Project Funding request.
• No Memorials, Museums, or Commemoratives: Memorials, museums, and commemoratives (i.e., projects named for an individual or entity) are not eligible for Community Project Funding. Many are eligible for competitive grants, and Members can request higher program funding levels. • Stewardship Requirements: Funded projects will follow applicable requirements in the authorized programs that support good stewardship of taxpayer dollars. For example, programs may require a non-federal cost-share and participation in program audits. • Ban on For-Profit Recipients: Project funding may not be directed to for-profit recipients.
Members may request funding for State, local, or tribal governmental grantees and certain eligible non-profits, as allowed under federal law and subcommittee guidance. • No Financial Interest: Members must publicly certify that they and their immediate family have no financial interest in the projects they request. “Immediate family” for this purpose includes a father, mother, son, daughter, brother, sister, husband, wife, father-in-law, or mother-in-law. • Demonstrations of Project Merit and Support: Members must provide evidence of the project’s merit and community support.
o Examples include:
▪ Letters of support from elected community leaders (e.g. mayors or other officials) ▪ Press articles highlighting the need for the requested Community Project Funding; ▪ Support from newspaper editorial boards;
▪ Projects listed on State intended use plans, community development plans, or other publicly available planning documents; or Resolutions passed by city councils or boards.
• Audits and Oversight: The Government Accountability Office (GAO) will conduct an independent audit of a sample of enacted projects and report its findings to Congress.
What projects are eligible?
Only certain accounts will be available for Community Project Funding in each subcommittee of the House Appropriations Committee. For FY27, CPF is available for 35 accounts. A list of the available accounts can be found below.
If you require any additional assistance, please contact Devin Kolb at [email protected] and CC both Eric Kanter at [email protected] and Lisa Mantarro at [email protected] or call our office at (202) 225-1947.
FY27 Accounts:
Only certain accounts are available for Community Project Funding in each subcommittee of the House Appropriations Committee. The available accounts are as below:
Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Department of Agriculture–Farm Production and Conservation Programs • Natural Resources Conservation Service (Conservation Operations) Department of Agriculture–Research, Education, and Economics • Agricultural Research Service (Buildings and Facilities) Department of Agriculture–Rural Development
• Rural Housing Service (Community Facilities)
• Rural Utilities Service (Distance Learning and Telemedicine Grants) • Rural Utilities Service (Rural Water and Waste Disposal Grants) Commerce, Justice, Science, and Related Agencies
Department of Commerce
• NIST—Scientific and Technical Research
• NOAA—Coastal Zone Management
Department of Justice
• COPS Technology and Equipment
• Byrne Justice
National Aeronautics and Space Administration
• Safety, Security, and Mission Services
Energy and Water Development
Army Corps of Engineers (Civil Works)
• Investigations
• Construction
• Mississippi River and Tributaries
• Operation and Maintenance
Department of the Interior/Bureau of Reclamation
• Water and Related Resources
Homeland Security
Federal Emergency Management Agency
• Federal Assistance—Emergency Ops. Centers
• Federal Assistance—Pre-Disaster Mitigation
Interior, Environment, and Related Agencies
Environmental Protection Agency
• STAG—Clean Water State Revolving Fund
• STAG—Drinking Water State Revolving Fund
Military Construction, Veterans Affairs, and Related Agencies Army
Army National Guard
Army Reserve
Navy & Marine Corps
Navy Reserve
Air Force and Space Force
Air National Guard
Air Force Reserve
DoD, Defense-Wide
Transportation, and Housing and Urban Development, and Related Agencies Department of Housing and Urban Development
• Department of Housing and Urban Development – Economic Development Initiatives Department of Transportation
• Department of Transportation – Airport Improvement Program • Department of Transportation – Highway Infrastructure Projects • Department of Transportation – Transit Infrastructure Grants • Department of Transportation – Consolidated Rail Infrastructure and Safety Improvements
• Department of Transportation – Port Infrastructure Development Program Labor, Health and Human Services, Education, and Related Agencies Department of Health and Human Services
• Health Resources and Services Administration – HRSA-Wide Activities and Program Support