1 CITY COUNCIL SPECIAL AND REGULAR
MEETING AGENDA
MARCH 17, 2026
SPECIAL MEETING: 6:00 P.M. – 7:00 P.M
REGULAR MEETING: 7:00 P.M.
WE ENCOURAGE ALL MEMBERS OF THE PUBLIC TO PARTICIPATE IN THE MEETING VIA TELECONFERENCE BY CALLING (520) 525-8911. ANY MEMBER OF THE PUBLIC
PARTICIPATING VIA TELECONFERENCE WILL BE GIVEN THE OPPORTUNITY TO PROVIDE PUBLIC COMMENT.
ADDITIONALLY, THE REGULAR MEETING WILL BE STREAMED ON YOUTUBE LIVE https://www.youtube.com/channel/UCB_ZmQZIHELh-ECEPZ2VwZg Notice is hereby given that the City Council will hold a Special and Regular Meeting at the City Council Chambers, 663 Main Street, Livingston, California. Assistance will be provided to those requiring accommodations for disabilities in compliance with the Americans with Disabilities Act of 1990. Persons requesting accommodation should contact the Deputy City Clerk at least 24 hours prior to this meeting at (209) 394-8041, Ext. 121. Any writings or documents pertaining to an Open Session item provided to a majority of the members of the legislative body less than 72 hours prior to the meeting shall be made available for public inspection by email if requested. Public comments can be submitted via emailed at [email protected]. Comments must be received by 2:00 p.m. on the day of the City Council meeting in order for them to be distributed to the Council prior to consideration of the matter. You will need to provide: Meeting date, item number, name, email and comment (please limit to 300 words or 3 minutes).
Please include: PUBLIC COMMENT in the subject for the email. Written comments will not be read aloud at the meeting, but will be reported as received for the record. If you do not receive an acknowledgement of receipt by 4:00 p.m., please call the City Clerk’s Office at (209) 394-8041, Ext. 121 (Note: This technology is not a guaranteed method).
2 SPECIAL MEETING
1. Call to Order
2. Roll Call
3. Pledge of Allegiance.
4. Moment of Silence – First Responders and Military Members.
5. Citizen Comments
CLOSED SESSION
A “Closed” or “Executive” Session of the City Council or the Successor Agency to the Redevelopment Agency of the City of Livingston may be held in accordance with state law which may include, but is not limited to, the following types of items:
personnel matters, labor negotiations, security matters, providing instructions to real property negotiators, conference with legal counsel regarding pending litigation. The Closed Session will be held in the City Council Chambers located at 663 Main Street, Livingston, California. Any public comment on Closed Session items will be taken before the Closed Session. Any required announcements or discussion of Closed Session items or actions following the Closed Session will be made in the City Council Chambers, 633 Main Street, Livingston, California.
6. Public Employee Performance Evaluation (Govt. Code 54957(b)) City Council’s Performance Evaluation of the City Manager
7. Public Employee Performance Evaluation (Govt. Code 54957(b)) City Council’s Performance Evaluation of the City Attorney
3 REGULAR MEETING
CALL TO ORDER
Pledge of Allegiance.
Moment of Silence – First Responders and Military Members.
Roll Call.
Closed Session Announcement
Changes to the Agenda.
CITIZEN COMMENTS
This section of the agenda allows members of the public to address the City Council on any item NOT on the agenda. Members of the public, when recognized by the Mayor, should come forward to the lectern, and identify themselves. Comments are normally limited to three (3) minutes. In accordance with State Open Meeting Laws, no action will be taken by the City Council this evening.
AWARDS, PRESENTATIONS, PROCLAMATIONS
1. Presentation by Jose Harutyun Nikoyan, CEO, Apolon 7, Inc.: EV Charging Infrastructure Proposal for City of Livingston.
2. Presentation by Happy Bains, Finance Director/Assistant City Manager: Fiscal Year 2025/2026 MidYear Budget Review.
COUNTY SUPERVISOR’S ANNOUNCEMENTS AND REPORTS
Supervisor Jim Pacheco Announcements and Reports.
ANNOUNCEMENTS AND REPORTS
City Staff Announcements and Reports.
City Manager Announcements and Reports.
CONFLICT OF INTEREST DECLARATION
Members of the City Council will declare an actual or apparent conflict of interest before discussions or decisions about any matters in which they or anyone with whom they have a close personal relationship could directly or indirectly benefit or where such a benefit could be perceived.
4 CONSENT AGENDA
Items on the Consent Calendar are considered routine or non-controversial and will be enacted by one vote, unless separate action is requested by a member of the public, the City Manager or City Council Member. There will be no separate discussion of these items unless members of the public, City Council or City Manager request that specific items be removed. Public comment on consent agenda items shall be limited to three (3) minutes perperson regardless of the number of items contained within the consent agenda.
3. Ratify Warrants Register Dated March 6, 2026.
4. Consideration of Adopting a Resolution Continuing the Local Emergency Due to the Public Health and Property Threat Created by the Well 9 Failure (4/5 Vote Required).
5. Consideration Of Adopting a Resolution Approving The Fire Protection Services Agreement Between The City Of Livingston And The County Of Merced For The Term Of July 1, 2026 Through June 30, 2029, And Authorizing The City Manager To Execute The Agreement, To Provide Interim Fire Protection And Emergency Response Services.
6. Consideration of Adopting a Resolution Approving The City Of Livingston Traffic Calming Program For Establishing Formal Guidelines And Procedures For Implementing Traffic Calming Requests Within Residential Neighborhoods.
PUBLIC HEARING
7. Consideration of Waiving Second Reading and Adopting of Zoning Text Amendment No. 2025-01- An Ordinance Amending Livingston Municipal Code Title 5, Chapter 2, Chapter 3, Chapter 4, Chapter 5, Chapter 6, And Chapter 7 Related To Housing Development And Standards, Including Definitions, OffStreet Parking, Site Plan And Design Review, Density Bonuses, Use Permits, Ministerial Approvals, Emergency Shelters, Single Room Occupancy, And Residential And Commercial Uses Zoning Matrix.
8. Consideration of Adopting a Resolution Approving An Application For Funding And The Execution Of A Grant Agreement And Any Amendments Thereto From The 2025 Funding Year Of The State CDBG Program.
DISCUSSION AND POTENTIAL ACTION ITEMS
9. Discussion and Direction on Appointing Four Applicants To The Parks, Recreation, And Arts Commission.
ANNOUNCEMENTS AND REPORTS
City Council Members’ Announcements and Reports.
Mayor’s Announcements and Reports.
5 Robert Wallis
• Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board Robert Wallis, Representative and Japjeet Uppal, Alternative. • City Council Liaison - Livingston Planning Commission – Jason Roth and Alternate Robert Wallis.
• Utility Stakeholders Committee – Japjeet Uppal and Robert Wallis.
Jason Roth
• Merced County Local Agency Formation Commission (LAFCO) Jason Roth, Representative.
• Merced County Mosquito Abatement District Board of Directors – Gurpal Samra, Representative and Jason Roth, Alternate.
• City Council Liaison - Livingston Planning Commission – Jason Roth and Alternate Robert Wallis.
Japjeet Uppal
• Central Valley Division League of California Cities – Jose Moran, Representative and Japjeet Uppal, Alternate.
• Special City Selection Committee of the San Joaquin Valley Air Pollution Control Board – Robert Wallis, Representative and Japjeet Uppal, Alternative. • City Council Liaison - Parks, Recreation and Arts Commission – Jose Moran and Alternate Liaison Japjeet Uppal.
• Merced Integrated Regional Water Management Plan (MIRWMA) – Japjeet Uppal, Representative and Robert Wallis, Alternate Representative. • Utility Stakeholders Committee – Japjeet Uppal and Robert Wallis.
Gurpal Samra
• Merced County Mosquito Abatement District Board of Directors – Gurpal Samra, Representative and Jason Roth, Alternate.
• Merced County Association of Governments (MCAG) Governing Board – Gurpal Samra, Representative and Jose Moran, Alternate.
Jose Moran
• Central Valley Division League of California Cities – Jose Moran, Representative and Japjeet Uppal, Alternate.
• Merced County Association of Governments (MCAG) Governing Board – Gurpal Samra, Representative and Jose Moran, Alternate.
• City Council Liaison - Parks, Recreation and Arts Commission – Jose Moran and Alternate Liaison Japjeet Uppal.
COUNCIL DIRECTION ON FUTURE AGENDA ITEMS
ADJOURNMENT
Apolon7
EV Charging Infrastructure Proposal
City of Livingston
➔
Apolon7 proposes a strategic partnership with the City of Livingston to deploy high-performance electric vehicle (EV) charging infrastructure across a mix of publicly supported and approved private locations throughout the City. These locations may include shopping centers, hospitals, municipal facilities, transportation corridors, and other hightraffic areas identified in coordination with the City.
The proposed deployment will include a mix of dual-port charging stations, allowing multiple vehicles to charge simultaneously, with power levels and configurations tailored to each site based on traffic patterns, operational needs, and available utility capacity. Introduction
This flexible, site-specific approach ensures that each location receives the most effective charging solution while supporting residents, employees, commercial drivers, and visitors. The initiative expands public access to reliable EV charging, supports local economic activity, and advances Livingston’s goals as a Smart City —leveraging modern infrastructure, data-driven management, and future-ready technology.
In alignment with the City’s green energy and sustainability objectives, the charging network is designed to support cleaner transportation, reduce emissions, and integrate with broader energy and environmental initiatives over time.
Select stations may also incorporate large-format digital displays that can be used for City messaging, public information, sustainability programs, emergency notifications, and optional revenue-generating content, subject to City approval and site suitability.
Opportunity for the City
of Livingston
The City of Livingston has an opportunity to establish a strategic, scalable EV charging network across a diverse mix of industrial, commercial, and truck-oriented locations identified by the City.
By deploying EV charging infrastructure at these sites, Livingston can:
Expand access to reliable charging for residents, employees, commercial operators, and regional travelers
Support economic activity at key employment and commercial centers
Serve growing freight and logistics traffic along regional corridors
Strengthen the City’s leadership in sustainable transportation and clean infrastructure
This site-specific deployment strategy allows charging
capacity and configuration to align with real-world usage at each location while maintaining flexibility for future expansion.
The inclusion of digital display capabilities also provides opportunities for City communication, public awareness
campaigns, emergency messaging, and optional long-term
revenue generation where appropriate.
Technology &
Features
Apolon7’s EV charging solutions are
designed for municipal, commercial,
and industrial environments, combining
advanced hardware with a robust
software platform to ensure reliability,
security, and long-term scalability
across all City-identified locations.
Hardware
Dual-Port Charging Stations
Designed to serve multiple vehicles
simultaneously, with configurations customized
for each location. Compatible with Tesla and
universal CCS connectors to ensure maximum
accessibility.
Large-Format Interactive Display (Up to 65
Inches)
Supports City announcements, public
information, sustainability messaging, wayfinding,
and optional approved content.
Integrated Audio System
Enables public announcements and
approved informational or multimedia content.
Camera & Sensor Security System
Built-in surveillance and advanced sensors
enhance safety, with optional integration with
local security or law enforcement in accordance
with City policies.
Advanced Cable Management System
Ensures safe, organized, and durable cable
handling, improving accessibility and user
experience.
Modern, Durable Design
Weather-rated, low-maintenance enclosures
suitable for public, commercial, and industrial
Software & User Experience
Real-Time Management Dashboard
Provides authorized City staff and partners with 24/7 visibility into system performance, usage, and operational status.
Content & Messaging Platform
Enables remote management of City messaging, public information, emergency alerts, and approved partner content.
Service & Partner Integration Capabilities
Supports future integration with approved on-site services or vendors at select locations.
User Engagement & Multimedia Features
Allows informational content and approved media to be displayed during charging sessions.
Integrated Payment System
Accepts all major credit cards, mobile wallets, and contactless payments through a secure and seamless process.
Through this proposed partnership, Apolon7 and the City of Livingston can collaboratively deliver a future-ready EV charging network that supports public access, economic development, and clean transportation goals. By aligning charging infrastructure with the Cityidentified locations and tailoring each deployment to site-specific needs, Livingston can maximize public benefit while maintaining flexibility for growth.
Apolon7 is prepared to work closely with City staff, property representatives, and utility partners to move this initiative forward in a professional, transparent, and collaborative manner. We look forward to continuing the dialogue, refining site selections, and advancing toward implementation.
CONCLUSION
➔
www.apolon7.com [email protected]
Thank You
-
Thank you for your time and consideration.
Apolon7 appreciates the opportunity to present this proposal and looks forward to continued coordination with the City of Livingston.
THE APOLON7 ADVANTAGE FOR CITIES
Powering Clean Mobility and Smart City Innovation
Unlocking Community Value:
0 Introduction
EMPOWERING URBAN MOBILITY
Apolon7 partners with forwardthinking cities to transform public spaces into catalysts for
clean mobility, economic
growth, and Smart City
leadership. Our next-generation
EV charging platform delivers
measurable benefits for
residents, businesses, and city
government.
0 A P O L O N 7
Partner Ecosystem & Credibility Who we partner with:
City agencies, utilities,
property owners, and
technology leaders
Roles:
Site hosts, technology
providers, and municipal
collaborators
Proven partnerships:
City of Glendale, City of Upland,
and more
Los Angeles
Department of
Water & Power
•
~ foTsoRN'
Energy for What's Ahead "
What Sets Apolon 7 Apart:
TECHNOLOGY & FEATURES
Performance & Reliability:
DC fast charging up to 240 kW
Dynamic load management & modular power
cabinets (minimize downtime)
Remote diagnostics & fault alerts
Compatible with Tesla and universal CCS
connectors to ensure maximum accessibility.
Payments & Monetization:
Native EMV + mobile wallet (no app required)
Integrated advertising revenue layer
Optional city revenue sharing
Smart Infrastructure:
Large-format digital displays (32”–65”)
CMS-controlled content platform
Emergency messaging & city announcements
24/7 camera security, analytics, local police
integration (optional)
City-Grade Platform:
OCPP-compliant, utility-ready demand
response
ADA-first design, city dashboard (usage,
uptime, CO₂ offset)
APOLON7
ff Performance Payments &
& Reliability Monetization
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Smart Infrastructure City-Grade Platfonn
Apolon7: Innovating Urban Technology
Apolon7 Responsibilities City Responsibilities
Location
Site Access
Lease
Permits
Utility Coordination
Equipment
Installation
Maintenance
Software
Payments
Content
Partnership Structure & City Costs
Cost Model
Zero-CAPEX host partnership
(revenue share)
A ownership
~-•
A P O L O N 7
AO
0 Hybrid
Increases business dwell
time
Monetizes public assets
(parking, ROW)
Reduces CO₂ per MWh
delivered
Accelerates EV adoption;
supports climate action
App-free, ADA-accessible
charging
Emergency communications
Charging revenue split (e.g., 80/20)
Ad revenue share
Carbon credit participation
The Direct Benefits of Cities
0 Economic Environmen al
6 fil9
• •
• •
I Revenue Models
•
•
•
•
•
0 A P O L O N 7
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Community
Apolon7’s platform
unlocks new value from
public land—delivering
clean mobility, economic
opportunity, and Smart
City innovation with
minimal city risk or cost.
Apolon7: Powering he Future of Community Value [email protected] www.Apolon7.com The Path Forward
Q
A P O L O N 7
STAFF REPORT
1 AGENDA ITEM: Fiscal Year 2025/2026 Mid-Year Budget Review MEETING DATE: March 17,2026
PREPARED BY: Happy Bains - Assistant City Manager/Finance Director REVIEWED BY: Jose Antonio Ramirez – City Manager
RECOMMENDATION:
Accept for information only.
BACKGROUND:
Each year, the City Council adopts an operating and capital budget that commits resources which are used to provide services to the public.
The Council adopted Fiscal Year 2025/2026 Budget on June 17, 2025, and the current fiscal year began on July 1, 2025.
Economic Update
The U.S. economy remains resilient, with real GDP up 2.1% year-over-year in Q2 2025, reflecting continued expansion despite elevated uncertainty. Growth has moderated and job creation softened, showing signs of jobless expansion, with employment gains lagging output. This is due to productivity gains and AI-driven automation, as well as trade and policy uncertainty prompting firms to pause hiring. Inflation has moved past its peak but remains above the Federal Reserve’s 2% target, with core Personal Consumption Expenditures (PCE) inflation at 2.6%. The decline in the 10-year Treasury yield from about 4.8% to 4.15% implies stable inflation and interest-rate expectations, giving the Fed some flexibility in addressing labor-market conditions.
The outlook for the U.S. and California economy is anchored to various policies and economic indicators, all of which add up to a limited anticipated improvement in sales tax revenues. Inflation has been mostly tamed as the Federal Reserve reduced the target interest rates three times in the latter part of this year. Consumers are constantly nervous about price increases, tied to everevolving tariff policies. Recent data shows state housing and labor markets have cooled down. In summary, uncertainty leads customers to continue spending, albeit with an eye focused on essentials and value while awaiting a more stable, predictable economy.
HdL Companies and Beason Economics LLC have provided all economic data.
Sector 2025/2026 2026/2027
Autos/Transportation 0.3% 3.0%
Building/Construction -2.0% 1.8%
Business/Industry 3.2% 4.0%
Food/Drugs -2.0% -.01%
Fuel/Service Stations 1.9% 3.7%
STAFF REPORT
2 General Consumer
Goods
1.0% 1.2%
Restaurants/Hotels 1.7% 2.8%
State and County Pools 4.3% 2.8%
Indicator 2025/26 2026/27
U.S. Unemployment Rate 4.4% 4.3%
CA Unemployment Rate 5.7% 5.5%
CA Total Nonfarm
Employment Growth
0.1% 0.6%
CA Residential Building
Permits
94,175 102,021
CA Median Existing
Home Price
$736,709 $739,652
California’s housing market has cooled, with weaker demand and limited housing supply. As of the third quarter of 2025, median home prices were $735,401, up 1.13% year-over-year, while home sales declined 4.2%, reflecting affordability constraints and elevated borrowing costs. As of November 2025, inventory remains tight, with 92,930 homes for sale, down 1.9% from a year earlier, and months of supply holding at three, well below levels associated with a balanced market. Median days on market increased to forty-nine, indicating slower transactions. Together, these conditions lead to market adjustment through reduced activity rather than broad-based price declines.
City of Livingston property values grew by 3.5% from 2024/2025 to 2025/2026 resulting in $47.3 million in new value. Change of ownership added $8.6 million in total value. The 2024/2025 roll summary shows 3,768 City parcels that are taxable.
At the second quarter of 2025, the median sale price for Livingston detached single family homes was $430,000 which is an increase of $37,500 from second quarter 2024’s median sale price of $392,500.
DISCUSSION:
Fiscal Year 2025/26 Year to Date Revenues and Expenditures All operating budgets are tracking as expected, with major General Fund revenues yet to be received. Sales, property, and property tax in-lieu of vehicle license fees are not received until the third and fourth quarter of the fiscal year. Other revenues not received until the third and fourth quarters are for Community Facility Districts, Landscape and Lighting Districts and Benefit Assessment Districts.
The Measure L transaction tax, passed by the voter’s November 2024, is being received and is matching estimates.
Attached is a spreadsheet that shows adjusted budget to actual for revenues and expenditures for all City of Livingston Funds for the first six months of the 2025/2026 fiscal year.
STAFF REPORT
3 Capital Improvement Project (CIP) Update
Over the past three fiscal years, the City has worked on many capital improvement projects that focused on public safety, infrastructure reliability, park amenities, ADA compliance, water quality, and long term community resilience. Many multi-year projects have moved from planning to execution, with several nearing completion in the current fiscal year. Long -term water and sewer projects are on track, addressing regulatory requirements and aging infrastructure. Multiple mutliyear projects are positioned to transition from design to construction in fiscal year 2026/2027. The city’s investment levels reflect a strong commitment to public safety, quality of life and sustainable growth.
Attached are Capital Improvement Projects from fiscal year 2023/2024 through fiscal year 2025/2026 and the status of each project.
ATTACHMENTS:
1. Adjusted Budget vs Actuals 7/1/2025 – 12/31/2025
2. CIP Fiscal Year 2025/2026
3. CIP Fiscal Year 2024/2025
4. CIP Fiscal Year 2023/2024
Adjusted Actuals Percentage Adjusted Actuals Percentage Fund Description Budget 7/1/2025-12/31/2025 Remainder Remaining Budget 7/1/2025-12/31/2025 Remainder Remaining Fund 1100 General Fund $ 10,313,138 $ 2,418,976 $ 7,894,162 77% $ 9,851,463 $ 5,168,881 $ 4,682,582 48% Fund 1105 Fire Services Fund - 14 (14) - - -
Fund 1110 Economic Opportunity Fund - 4,288 (4,288) 350,000 340,000 10,000 3% Fund 1115 Revenue Stabilization Fund - 23,066 (23,066) 330,000 330,000 - 0% Fund 1120 Community Development Fund 1,405,422 995,472 409,950 29% 1,403,961 912,635 491,326 35% Fund 1125 Recreation Fund 784,175 679,676 104,499 13% 783,643 400,622 383,021 49% Fund 1200 Gas Tax Special Revenue 526,351 306,888 219,463 42% 577,619 216,626 360,992 62% Fund 1201 Transportation Development Act - 4,502 (4,502) - - - Fund 1202 Regional Surface Transportn 175,500 222,509 (47,009) -27% 195,000 - 195,000 100% Fund 1204 Citizen Opt Public Safety-COPS 100,000 30,135 69,865 70% 258,249 118,966 139,283 54% Fund 1205 HOME Program - - - - - -
Fund 1207 CFD 2017-1 (Public Services) 95,260 2,118 93,142 98% 522,240 499,905 22,335 4% Fund 1208 1% Amenities Fee - 279 (279) - - -
Fund 1209 CFD 2013-1 Liv Fam Apartments 36,123 21,078 15,045 42% 35,681 19,275 16,406 46% Fund 1211 Landscape & Lighting Asmt Dist 815,001 14,907 800,094 98% 1,472,871 492,960 979,911 67% Fund 1212 Benefit Assessmt Dist (BAD) 210,804 973 209,831 100% 145,725 72,171 73,553 50% Fund 1213 Community Facilities Dist-CFD 1,063,295 225,567 837,728 79% 1,782,836 460,472 1,322,364 74% Fund 1214 HOME Program Income - 6,938 (6,938) - - -
Fund 1215 CDBG Program Income - 5,234 (5,234) 109,500 665 108,835 99% Fund 1217 Abandoned Veh Abatement Fund 10,000 2,124 7,876 79% 11,101 3,740 7,361 66% Fund 1219 MAPS 171,000 123,431 47,569 28% 193,650 95,801 97,849 51% Fund 1221 MeasureV 80%OtherTransp.Needs 416,000 188,981 227,019 55% 878,537 29,964 848,573 97% Fund 1222 MeasureV 20% Alternative Proj. 104,000 53,072 50,928 49% 378,454 - 378,454 100% Fund 1223 Road Maintenance & Rehab(RMRA) 374,819 191,296 183,523 49% 945,190 88,837 856,353 91% Fund 1224 Measure V Regional Improvement 970,328 90 970,238 100% 1,178,436 4,751 1,173,685 100% Fund 1230 Police Dept - Measure L - - - - - -
Fund 1231 Fire Dept - Measure L 1,921,672 844,567 1,077,105 56% 1,981,896 1,073,987 907,909 46% Fund 1300 General Capital Projects-Grant 1,095,707 2,043 1,093,663 100% 1,099,165 314,164 785,000 71% Fund 1301 General Capital Projects-City 5,331,629 5,002 5,326,627 100% 6,246,348 236,736 6,009,613 96% Fund 1310 New Fire Station Capital Fund - 5,291 (5,291) - - - Fund 2000 Fire Impact Fees Cap Proj 38,000 8,915 29,085 77% 422,862 144,070 278,792 66% Fund 2001 Police Impact Fees Cap Proj 45,000 13,451 31,549 70% 275,000 - 275,000 100% Fund 2002 Municipal Facilities Imp Cap 210,000 23,147 186,853 89% 347,100 1,068 346,032 100% Fund 2003 Parks Dev Impact Fees Cap Proj 45,000 1,168 43,832 97% - - - Fund 2004 Streets & Bridges Impact Cap 112,000 11,733 100,267 90% - - - Fund 2005 Storm Drain Impact Fee Cap Pro - 58 (58) - - - Fund 2007 General Plan Update Impact Fee 443,000 346,953 96,047 22% 762,245 21,463 740,781 97% Fund 2020 Fleet Replacement Fund - 5,522 (5,522) 276,944 144,070 132,874 48% Fund 2100 Water Enterprise Fund 5,332,443 2,049,417 3,283,026 62% 4,873,646 1,919,703 2,953,943 61% Fund 2101 Domestic Wastewater Enterprise 3,432,938 1,574,966 1,857,972 54% 4,879,749 1,250,074 3,629,675 74% Fund 2102 Industrial Wastewater Enterpr - 162 (162) - - - Fund 2103 Sanitation Enterprise 3,031,220 1,127,078 1,904,142 63% 3,201,844 1,242,145 1,959,698 61% Fund 2104 Water Capital Fund 24,168 125,180 (101,012) -418% 9,761,677 892,571 8,869,106 91% Fund 2105 Domestic Wastewater Capital 150,000 18,125 131,875 88% 497,682 - 497,682 100% Fund 2106 TCP Settlement Fund 27,000,000 41,972 26,958,028 100% 27,000,000 38,946 26,961,054 100% Grand Total $ 65,783,992 $ 11,726,363 $ 54,057,629 82% $ 83,030,312 $ 16,535,270 $ 66,495,042 80% Revenue Expenditures
Adjusted Budget vs Actuals
7/1/2025 - 12/31/2025
Description Total Budget Expense Status
Parks & Recreation
Aluminum Bleachers for Max Foster Park $ 12,000.00 $ 7,348.99 Completed, installed in February New Lawn Mower - Cost Share Between LMDs, Parks, Streets $ 57,750.00 $ 50,245.25 Received New utility truck for Parks/LMDs, 70% cost share to LMDs, and 30% cost share to CFD $ 70,014.00 $ 65,581.94 Received RecPlex $ 5,476,623.00 $ 451,671.40 In progress
Booster pump station at Don Meyer Park, motor, electrical connection, enclosure, sprinklers $ 35,000.00 $ - Staff currently solicitating quotes Park renovation project, restroom, painting equipment,TBD 50% cost share LMDs & CFD $ 20,000.00 $ - Staff requesting quotes to install hand dryers in the men's and women's restrooms at Max Foster Max Foster Walk Pathway Phase 1, Phase 2, 50% cost share between MV 20% & RMRA $ 500,000.00 $ - In progress-expected to be completed mid March Max Foster Phase 1 CML-5256 (020) $ 531,661.04 $ 380,936.89 In progress-expected date to be completed mid March Max Foster Phase 2 CML-5256 (021) $ 521,106.00 $ 284,517.05 In progress-expected date to be completed mid March New play structure for Max Foster Sports Complex, concrete for footing and projected fencing cost $ 165,000.00 $ - March 3rd Council Meeting - Continuing to Fiscal Year 2026/2027 Park signage @ Max Foster and Arakelian Park 50% cost share CFD & 50% LMDs $ 20,000.00 $ 8,995.25 In progress-ordered from Precast Unlimited Inc. and expected to be delivered in 6-8 weeks Public Works
New Kubota Worksite UTV $ 25,000.00 $ 19,509.86 Staff report approved at Council Meeting on March 3rd, expected to be delivered mid March New insulated Versa lift truck (aerial truck), cost share to Water 10%, Sewer 10%. PW 20%, CFD 30%, LMDs 30% $ 298,500.00 $ 225,032.38 Ordered with Rush Truck Center on 11/18/25 and expected delivery is in May-June Storm drain inlet at J St. and 1st St./return ramp, ADA compliant, 50% cost share to M V 80% & Sewer $ 41,000.00 $ 697.14 In process-parts have been purchased, expected completion by mid March 50% cost share to pulverize and repave Main St. from D to I St. remaining 50% cost share RMRA & MV 80% $ 507,000.00 $ - In progress-design will be completed in FY25/26 and completion by FY26/27 2025 transition plan barrier removal for ADA Compliance, 50% cost share to RMRA & MV 80% $ 260,000.00 $ 10,188.27 In progress- on going as needed 2025 Chevrolet Silverado pickup (7420) 50% cost share Water & Sewer $ 60,000.00 $ 50,683.13 Received Sidewalk replacement and ADA return ramp projects(M.V. 20%) $ 75,000.00 $ - Staff requesting quotes Traffic signal light replacements, backup battery change outs, loop control repairs, traffic signal troubleshooting (RMRA) $ 75,000.00 $ - Staff requesting quotes for additional decorative lights LED crosswalk signs (St. Francis) North Main & Davis St. $ 10,000.00 $ 9,996.00 Completed-installed on November 14, 2025 Pothole repairs, traverse crack repairs, stop sign replacement $ 200,000.00 $ 10,188.27 Ongoing as needed Street Striping $ 35,000.00 $ - Staff requesting quotes for Campbell between Winton Pkwy & Stefani as well as Dwight to Campbell Filter actuator valve replacement and 10" control valve for well #16 $ 25,000.00 $ - Staff waiting on quotes from TelStar Renovate well #12 $ 150,000.00 $ 15,182.61 Replaced a burnt motor-waiting on well assessment Renovate well #11 -used budget for Well 9 rehab $ 150,000.00 $ 116,035.00 In progress-used budget for Well 9 rehab, expected completion by May 2026 GAC Media replacement for Well #8 & Well #16 $ 210,000.00 $ 165,200.00 In progress- expected GAC media replacement for Well 16 on 2/26/26 & Well 8 in March 2026 Flow control valves, check valves, pressure sustaining valves $ 50,000.00 $ - Staff working on staff report Oxidation Treatment Plant gear box for clarifier mechanical aerator $ 70,000.00 $ - Staff working on staff report Sewer pump lift station replacement, Headworks Pump, Dwight lift station replacement, Walnut sewer lift station $ 120,000.00 $ - Staff requesting quotes and working on staff report Renovate Hammatt sewer lift station $ 380,000.00 $ 40,353.06 In progress, parts have been ordered. Construction to start in May and estimated completion date is in Dec.
Renovate Briarwood lift station $ 380,000.00 $ 40,353.06 In progress, parts have been ordered. Construction to start in May and estimated completion date is in Dec. 99 Lift Station Pit #1 Renovation $ 500,000.00 $ - Pending- P.E. to start in FY26/27 New Well #18 Construction $ 4,737,017.00 $ 21,483.53 Ongoing-currently working on design Well 8A Arsenic Treatment Construction $ 2,609,799.00 $ 531,207.57 Ongoing, equipment ordered and vessels are in fabrication Replace old failing iron water meter on I St. and isolation valves $ 145,000.00 $ 106,906.40 Completed in August 2025 Turf renovation project in front of council chambers, cost for turf,sand, gravel and material $ 20,000.00 $ - Materials will be purchased and work to start mid May Well 8,9,13,17 Project #2&3 ($27M Grant from SRF) $ 26,300,000.00 $ 37,623.70 Ongoing Hammett & Campbell - Remainder of original $1,000,000 $ 970,601.00 $ 28,473.93 Ongoing Carry over from FY 24/25 for Arakelian Restroom Renovation Project $ 256,607.00 $ 39,246.65 In progress-New Century Construction & Consulting, Inc. has been awarded and expected to be completed end of March Decorative light pole replacement at Main & B St. $ 20,350.00 $ - Staff is waiting on quotes (2) Sky Light Replacement at PD $ 12,000.00 $ - Placeholder to changeout sky lights if needed Barcelona solar lighting infill (2) lights $ 11,580.00 $ 11,580.00 Received Main St. solar lighting infill from E St. to Park St. $ 43,023.00 $ 46,391.00 Received Mont Cliff solar lighting infill (3) lights $ 16,656.00 $ 16,656.00 Received Labor for Mont Cliff and Barcelona infill lights $ 20,000.00 $ 5,968.81 Mont Cliff lights project expected to be completed by early March. Barcelona lights are expected to be completed early April.
Labor for infill lights at Main St . from E St. to Park St. $ 40,000.00 $ - Main St. lights expected to be completed by the end of March Total $ 46,233,287.04 $ 2,798,253.14
City of Livingston
2025/2026 Budget Adopted
Projects, Vehicles, Equipment and Improvements
Description Total Budget Expense Status
Alvernaz Shed Roof Repair $ 10,000.00 $ 4,113.68 Completed-March 2025 Max Foster Phase 1 Path Improvements CML5256 (020) $ 533,014.00 $ 9,465.24 In progress to be completed in FY25/26 Max Foster Phase 2 Path Improvements CML5256 (21) $ 522,444.00 $ 10,224.44 In progress to be completed in FY25/26 Pedestrian Access To City's Downtown CML5256 (022) $ 47,120.00 $ 1,554.39 In progress- engineering working on design RecPlex $ 5,476,623.00 $ 296,309.73 In progress
Replacement Playground Equipment At Arakelian Park $ 139,151.36 $ 139,151.36 Completed-installed in April 2025 Sidewalk Replacement and ADA Return Ramp $ 75,000.00 $ - Ongoing Placeholder for FY24/25 Walk Path At Max Foster Sports Complex $ 50,000.00 $ - In progress- Engineering working on design in FY25/26 Walnut Child Day Care Roof Replacement $ 415,825.00 $ 415,825.00 Completed in May 2025 Asphalt Hot Box $ 70,940.00 $ 45,255.78 Purchased and Received City Hall Parking Lot Solar Lighting Project $ 31,000.00 $ 30,819.00 Completed-August 2024 First Year Meter Reading Software/Hardware Equipment $ 125,000.00 $ 55,501.33 In progress, antenna is currenlty being installed and is expected to be completed in FY25/26 Hammatt and Campbell Improvements $ 970,601.00 $ 4,665.21 In progress Materials and Labor To Install Poles and Fixtures $ 30,000.00 $ 6,993.53 Completed-September 2024 Replace Stop Signs and Assess Sidewalk Trip Hazards $ 350,000.00 $ 64,051.67 Ongoing Placeholder for FY24/25 Pulverize and Repave Fourth Street From Park To F Street $ 466,680.00 $ 144,269.58 Completed-May 2025 Pulverize and Repave Main At 650 ft South of Peach To Newcastle Drive $ 351,310.00 $ 144,269.58 Completed-May 2025 Replace Water Main on I Street $ 180,000.00 $ 119,728.34 Completed in FY25/26 Traffic Signal Light Replacement, Backup Battery Chane Outs, Loop Control $ 75,000.00 $ 24,100.00 Ongoing Placeholder for FY24/25 Turf Renovation At City Hall $ 10,000.00 $ 1,691.83 Completed August 2025 Total $ 9,929,708.36 $ 1,517,989.69
City of Livingston
2024/2025 Budget Adopted
Projects, Vehicles, Equipment and Improvements
Description Total Budget Expense Status
Turf Conversion Behind City Hall (Municipal Impact Fee) $ 1,440.00 Turf Conversion Behind City Hall (Parks) $ 4,000.00 $ 4,492.11 Completed in FY24/25 Max Foster Phase 1 $ 544,876.00 $ 7,236.87 In progress
Max Foster Phase2 $ 530,388.00 $ 7,234.64 In progress
Livingston Rec-Plex $ 5,476,623.00 $ 15,310.00 In progress Slurry Seal $ 403,700.00 $ 394,332.00 Completed in September 2023 Hammatt and Campbell $ 1,000,000.00 $ 656.25 In progress Roof Replacement For Hammatt Hall, Max Foster Concession, Alvernaz Storage Unit $ 40,000.00 $ 5,490.00 Hammatt Hall & Max Foster Concession completed FY23/24 and Alvernaz storage completed in FY24/25 Sludge Drying Equipment $ 1,000,000.00 $ 823,670.67 Completed inFY 25/26 -Summer 2025 East Ave Lift Station $ 250,000.00 $ 163,931.98 Completed in FY 24/25 Well #8A $ 4,000,000.00 $ 1,205,041.97 In progress
Total 13,249,587.00 $ 2,628,836.49
City of Livingston
2023/2024 Budget Adopted
Projects, Vehicles, Equipment and Improvements
STAFF REPORT
1 AGENDA ITEM: Warrant Register March 06, 2026
MEETING DATE: March 17, 2026
PREPARED BY: Consuelo Moreno, Account Clerk
REVIEWED BY: Happy Bains, Finance Director/Assistant City Manager RECOMMENDATION:
Ratify the warrant register dated March 06, 2026
DISCUSSION:
Government Code sections 37208(b) and 37209 provide that accounts payable warrants or checks drawn in payment of demands certified or approved by the finance director as conforming to a budget approved by ordinance or resolution of the legislative body need not be audited by the legislative body prior to payment.
In addition, Government Code section 37208(a) provides that payroll warrants or checks need not be audited by the legislative body prior to payment. Payrolls shall be presented to the legislative body for ratification and approval at the first meeting after delivery of the payroll warrants or checks. The sum of any payroll checks issued within the week prior to the date of the check register is also noted on the accompanying check register.
The following checks have been certified to be in accordance with the City’s approved budget.
The checks have been issued, and the check register is presented to the City Council for ratification:
February 24, 2026 – March 06, 2026
GENERAL WARRANTS……………………. $ 529,036.81 15338-15409
PAYROLL/WIRE WARRANTS……….……. $ 288,854.33 4039-4056
ACH WARRANTS…………………………… $
TOTAL WARRANTS………………………… $ 817,891.14
ATTACHMENTS:
Warrant Register (detailed by date and check number)
Accounts Payable
User:
Printed:
[email protected]
3/9/2026 8:43 AM
Checks by Date - Summary by Check Date
Check No Vendor No Vendor Name Check Date Check Amount
15338 251 ABS Direct, Inc. 02/27/2026 128.89
15339 1307 Amazon Capital Services 02/27/2026 226.52
15340 193 BSK Associates 02/27/2026 2,765.19
15341 909 Canon Financial Services, Inc. 02/27/2026 334.64 15342 787 Custom Weed Control Inc. 02/27/2026 400.00
15343 293 Department of Justice Accounting Office 02/27/2026 543.00 15344 1479 Ferguson Waterworks #2777 02/27/2026 794.28
15345 164 Garza Tire & Wheel, Inc 02/27/2026 614.71
15346 262 Gilton Solid Waste 02/27/2026 19,104.45
15347 425 HdL Coren & Cone 02/27/2026 1,597.54
15348 266 Hilmar Lumber 02/27/2026 925.12
15349 267 Hoffman Security 02/27/2026 608.90
15350 501 Hunt & Sons, LLC 02/27/2026 5,570.67
15351 388 Interstate Battery System of Fresno 02/27/2026 248.62 15352 165 J L Analytical Services, Inc. 02/27/2026 272.12 15353 1130 Kellogg Supply 02/27/2026 552.68
15354 276 Livingston True Value Hardware, Inc. 02/27/2026 507.45 15355 595 Metro Uniform Merced 02/27/2026 201.19
15356 389 Mid Valley IT 02/27/2026 11,458.69
15357 180 Mission Linen Service 02/27/2026 538.00
15358 1548 Morris Yegor Mobile Vehicle Inspections 02/27/2026 150.00 15359 1800 Motorola Solutions, Inc. 02/27/2026 315,082.04 15360 459 Municipal Maintenance Equipment 02/27/2026 1,044.12 15361 197 N & S Tractor 02/27/2026 175.21
15362 199 Northstar Chemical 02/27/2026 6,632.33
15363 201 O'reilly Automotive, Inc. 02/27/2026 128.47
15364 1796 Power Business Technology 02/27/2026 134.29
15365 303 Price Ford of Turlock 02/27/2026 125.52
15366 386 S & N Auto Services, INC. 02/27/2026 640.28
15367 561 Safe-T-Lite of Modesto, Inc. 02/27/2026 111.63 15368 1330 James D Sanders 02/27/2026 400.00
15369 739 Self- Help Enterprises 02/27/2026 221.73
15370 UB*02160 SERVICELINK 02/27/2026 25.00
15371 589 Shannon Pump Co. 02/27/2026 266.00
15372 307 Shred-It, C/O Stericycle, Inc. 02/27/2026 383.12 15373 875 Taylor ER Veterinary Emergency Hospital 02/27/2026 231.13 15374 530 Telstar Instruments 02/27/2026 1,414.00
15375 UB*02161 JUAN TORRES 02/27/2026 253.43
15376 315 Valley Entry Systems, Inc. 02/27/2026 225.00
15377 277 Valley Farm Supply Stores, Inc. 02/27/2026 581.74 15378 409 Willdan Financial Services 02/27/2026 5,130.00 15379 1824 Xylem Dewatering Solutions,Inc 02/27/2026 980.93 Total for 2/27/2026: 381,728.63
15380 1307 Amazon Capital Services 03/06/2026 902.89
15381 1827 Benchmark Engineering, Inc. 03/06/2026 2,000.00 AP Checks by Date - Summary by Check Date (3/9/2026 8:43 AM) Page 1
(irty o,f Uving1sto1n
1416 C Stroot
Livingston, CA 95334
Check No Vendor No Vendor Name Check Date Check Amount
15382 192 Cal Traffic 03/06/2026 2,251.53
15383 418 Central Valley Concrete 03/06/2026 5,020.18
15384 291 City of Livingston c/o L &L District Irrigation03/06/2026 6,166.86 15385 1239 Clark Pest Control of Stockton, Inc. 03/06/2026 251.00 15386 1308 CSG Consultants, Inc. 03/06/2026 24,872.00
15387 1826 Docusign, Inc. 03/06/2026 4,500.01
15388 1410 FFP Fund VII TEI Partnership 1, LLC 03/06/2026 4,329.28 15389 260 First Communications, LLC 03/06/2026 14.91
15390 UB*02163 DYLAN J & TINA L GARCIA 03/06/2026 87.48 15391 356 Gouveia Engineering, Inc. 03/06/2026 37,162.15 15392 266 Hilmar Lumber 03/06/2026 700.83
15393 728 Holt of California 03/06/2026 32,333.43
15394 521 Jim Brisco Enterprises, Inc. 03/06/2026 9,500.00 15395 276 Livingston True Value Hardware, Inc. 03/06/2026 14.79 15396 1170 Martin Marietta Materials, Inc. 03/06/2026 557.88 15397 389 Mid Valley IT 03/06/2026 199.78
15398 1818 Moore Twinning Associates, Inc. 03/06/2026 225.00 15399 199 Northstar Chemical 03/06/2026 3,579.86
15400 302 Office Depot, Inc./ODP Business Solutions, LLC 03/06/2026 309.71 15401 201 O'reilly Automotive, Inc. 03/06/2026 1,086.64 15402 1828 PG&E Nuclear Deco Charges 03/06/2026 2.83
15403 UB*02164 WMSBS RITE AID #6379 03/06/2026 4,090.02 15404 UB*02162 OFELIA RUBIO 03/06/2026 245.78
15405 208 Saenz Pest Control, Inc. 03/06/2026 129.00
15406 408 Sapien Family Trust 03/06/2026 1,000.00
15407 692 Tesco Controls, Inc. 03/06/2026 4,916.25
15408 310 Totlcom, Inc. 03/06/2026 427.71
15409 1175 UBEO West, LLC 03/06/2026 430.38
Total for 3/6/2026: 147,308.18
Report Total (72 checks): 529,036.81
AP Checks by Date - Summary by Check Date (3/9/2026 8:43 AM) Page 2
4902-9464-0274 v1 Page 1 of 2
STAFF REPORT
AGENDA ITEM: Resolution Continuing the Local Emergency in the City of Livingston From February 17, 2026, through the Present Due to the Public Health and Property Threat Created by the Well 9 Failure (4/5 Vote Required) MEETING DATE: March 17, 2026
PREPARED BY: Jesus Jr. Chavez, Water/Wastewater Manager REVIEWED BY: Jose Antonio Ramirez, City Manager
REVIEWED BY: Anthony Chavarria, Public Works Director
RECOMMENDATION:
Staff recommends that the City Council adopt a Resolution continuing the local emergency in the City due to the public health and property threat created by the Well 9 failure, and making a finding that the local emergency continued from February 17, 2026, through March 3, 2026, but a vote was not able to be held at the March 3, 2026, meeting since only three out of five councilmembers were present and the resolution could therefore not be passed by 4/5 vote.
BACKGROUND:
On February 17, 2026, Council approved a resolution finding a need to take emergency actions to repair or replace the failed casing and motor of Well 9. On March 3, 2026, an item was brought to the City Council requesting that a resolution be approved continuing the local emergency due to the ongoing emergency repairs to Well 9. However, as only three out of the five councilmembers were present at the meeting and the resolution could therefore not be passed by a 4/5 vote, the matter was continued to March 17 without a vote.
DISCUSSION:
Under Ca. Public Contract Code §22050 (c)(1), the City Council must review the emergency action at its next regularly scheduled meeting, or at least every 14 days, until the action is terminated, to determine, by a four-fifths vote, that there is a need to continue the action to respond to the emergency.
The emergency repairs to Well 9 is ongoing. Staff anticipates completion by mid-May 2026, placing the well back in service before peak summer demand. Well 8A is not expected to be online until fall 2026 and therefore cannot serve as an interim supply source. The repairs remain necessary to prevent the loss of well availability during high-demand months, potential loss of water supply redundancy, increased operational strain on other production wells, and potential public health or property and conservation impacts. For these reasons staff believes there is a need to continue the emergency action.
4902-9464-0274 v1 Page 2 of 2
FISCAL IMPACT:
There is no fiscal impact to continuing the emergency action under Public Contract Code §22050.
ATTACHMENTS:
1. Resolution No. 2026-
4904-9537-7042 v1 Page 1 of 2
RESOLUTION NO. 2026-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON CONTINUING
THE LOCAL EMERGENCY DUE TO THE PUBLIC HEALTH AND PROPERTY THREAT CREATED BY THE WELL 9 FAILURE (4/5 VOTE REQUIRED) WHEREAS, on February 17, 2026, the City Council approved Resolution No. __, finding a need to take emergency action to repair or replace the failed casing and motor of Well 9, pursuant to California Public Contract Code §22050(a); and WHEREAS, on March 3, 2026, due to two councilmember absences, the City Council was unable to approve a resolution by 4/5 vote continuing the local emergency due to the Well 9 emergency repairs; and
WHEREAS, City Council finds that the local emergency has continued to exist from February 17, 2026, to the present due to the Well 9 failure; and WHEREAS, the emergency repairs to Well 9 are ongoing; and WHEREAS, City staff anticipates this additional rehabilitation work will take 4-6 weeks to complete and staff is targeting completing this work before the hot summer months when the water demand is at its highest for the year; and
WHEREAS, the City Council shall review the emergency action at its next regularly scheduled meeting or at least every 14 days until the action is terminated, to determine, by a fourfifths vote, that there is a need to continue the action; and WHEREAS, when the City Council reviews the emergency action, it shall terminate the action at the earliest possible date that conditions warrant so that the remainder of the emergency action may be completed by giving notice for bids to let contracts; and WHEREAS, due to the deteriorated well casing, worn out pump bowls, and motor rewinding for Well 9, the City requires the repairs to the well casing, replacement of the well pump, and motor rewind and constitutes a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of health, property, or essential public services.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Livingston hereby finds:
1. That a local emergency still exists due to the failure of Well 9.
2. That a local emergency has existed since it was first declared on February 17, 2026.
3. That there is a need to continue the emergency action.
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 17th day of March 2026, by the vote recorded as follows:
4904-9537-7042 v1 Page 2 of 2
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 Tran, City Attorney
STAFF REPORT
AGENDA ITEM: Adopt A Resolution Approving The Fire Protection Services Agreement Between The City Of Livingston And The County Of Merced For The Term Of July 1, 2026, Through June 30, 2029, And Authorizing The City Manager To Execute The Agreement, To Provide Interim Fire Protection And Emergency Response Services
MEETING DATE: March 17, 2026
PREPARED BY: Jose Antonio Ramirez, City Manager
REVIEWED BY: Jose Antonio Ramirez, City Manager
RECOMMENDATION:
Adopt a Resolution approving the Fire Protection Services Agreement between the City of Livingston and the County of Merced for the term July 1, 2026, through June 30, 2029, and authorizing the City Manager to execute the Agreement.
BACKGROUND AND DISCUSSION:
The City Council has undertaken multiple actions during 2024, 2025, and 2026 concerning the future delivery of fire protection and emergency response services within the City of Livingston. Following the County’s decision to discontinue direct fire service delivery, the City evaluated alternatives to ensure continuity of service and to support the long-term goal of establishing a municipal fire department.
To maintain uninterrupted fire protection services during this transition period, the City negotiated a Fire Protection Services Agreement with the County of Merced. Under the Agreement, the County will provide limited-term “stop-gap” fire protection and emergency incident response services, including staffing, apparatus deployment, training, and related operational support.
The Agreement is structured as an interim solution designed to:
• Ensure continuity of fire protection and emergency response services • Maintain minimum staffing levels at the Livingston Fire Station • Support Fire Fighter and public safety
• Provide the City adequate time to recruit, hire, and organize its own fire department
• Reduce operational and financial risks associated with abrupt service transitions Under the Agreement, the City will fully fund six (6) County fire personnel necessary to
maintain a minimum staffing of two (2) personnel twenty-four (24) hours per day at the Livingston Fire Station.
The Agreement term extends from July 1, 2026, through June 30, 2029.
FISCAL IMPACT:
The Agreement establishes the following compensation structure:
• FY 2026/27: Not-to-exceed $1,500,000
• FY 2027/28: Not-to-exceed $1,575,000
• FY 2028/29: Not-to-exceed $1,653,750
Total Agreement Cost: $4,728,750
Annual increases shall not exceed five percent (5%) as specified in the Agreement. The County shall invoice the City quarterly based upon actual expenses incurred.
Sufficient appropriations will be included in the applicable fiscal year budgets from Measure L Fund account 1231-103-4310 Contract Services.
ATTACHMENTS:
1. Fire Protection Service Agreement
2. Resolution
RESOLUTION NO. 2026-
ADOPT A RESOLUTION APPROVING THE FIRE PROTECTION SERVICES
AGREEMENT BETWEEN THE CITY OF LIVINGSTON AND THE COUNTY OF MERCED FOR THE TERM OF JULY 1, 2026 THROUGH JUNE 30, 2029, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT, TO PROVIDE
INTERIM FIRE PROTECTION AND EMERGENCY RESPONSE SERVICES WHEREAS, the City Council has evaluated the long-term delivery of fire protection and emergency response services; and
WHEREAS, the City’s strategic objective is to establish the Livingston Fire Department; and WHEREAS, continuity of fire protection services is essential to protect life, property, and public safety; and
WHEREAS, the City negotiated a Fire Protection Services Agreement with the County of Merced to provide limited-term stop-gap fire protection services; and WHEREAS, the Agreement provides an interim solution allowing the City adequate time to recruit personnel, procure equipment, and implement the Livingston Fire Department; and WHEREAS, the Agreement term is July 1, 2026, through June 30, 2029; and WHEREAS, the Agreement requires the City to fully fund six (6) County fire personnel to maintain minimum staffing levels; and
WHEREAS, the first-year cost of services is $1,500,000, with annual increases not to exceed five percent (5%).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livingston as follows:
Section 1. The City Council hereby approves the Fire Protection Services Agreement between the City of Livingston and the County of Merced.
Section 2. The City Manager is authorized to execute the Agreement and any related documents necessary to implement its terms.
Section 3. The Agreement establishes the following compensation structure:
• FY 2026/27: Not-to-exceed $1,500,000
• FY 2027/28: Not-to-exceed $1,575,000
• FY 2028/29: Not-to-exceed $1,653,750
Total Agreement Cost: $4,728,750
Annual increases shall not exceed five percent (5%) as specified in the Agreement. The County shall invoice the City quarterly based upon actual expenses incurred.
Sufficient appropriations will be included in the applicable fiscal year budgets from Measure L Fund account 1231-103-4310 Contract Services.
Section 4. This Resolution shall take effect 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 17th 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 Tran, City Attorney
MEMORANDUM OF UNDERSTANDING
BETWEEN
COUNTY OF MERCED
AND
CITY OF LIVINGSTON
CONTRACT NO.___________
THIS AGREEMENT, is made and entered into by and between the County of Merced, a political subdivision of the State of California (hereinafter referred to as "County"), and the City of Livingston (hereinafter referred to as "City").
WHEREAS, County and City desire to implement limited-term Stop-Gap Fire Protection Services as detailed in Exhibit A – Scope of Fire Protection Services to allow adequate time for the City of Livingston to establish its own fire services; and WHEREAS, City desires to fully fund six (6) fire personnel necessary to maintain staffing of two (2) fire personnel twenty-four (24) hours per day at the Livingston Fire Station; and
WHEREAS, County is specially trained, experienced, and competent to perform such services in connection with comprehensive fire protection and emergency incident response; and
WHEREAS, County fire protection services are provided under a Cooperative Fire Services Agreement with CAL FIRE; and
WHEREAS, the parties desire to set forth herein the terms and conditions under which said services shall be furnished.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereby agree as follows:
1. SCOPE OF SERVICES
County shall provide comprehensive fire protection and other emergency incident response services, City Familiarization Training, and pre-planning documents in accordance with the terms and conditions stated herein, and any specifically referenced attachments hereto. The following exhibits are specifically incorporated by reference, attached hereto, and made a part hereof, except when in conflict with this Agreement or modified herein:
Exhibit A – Scope of Fire Protection Services.
Exhibit B – Personnel Cost by year.
2. TERM
The term of this Agreement shall commence on July 1, 2026, and shall continue through June 30, 2029, unless terminated earlier in accordance with this Agreement.
This Agreement may be terminated without cause by either City or County upon written notice of termination given to the other party at least thirty (30) calendar days in advance of the effective date of termination. Notice of termination shall be personally served or mailed, postage prepaid to the address designated under Section 8 - Notices; or to such other address as may be designated by written notice.
3. COMPENSATION
City shall be solely responsible for funding the full cost of six (6) fire personnel. The annual cost shall be One Million Five Hundred Thousand Dollars ($1,500,000.00) for the first year of the Agreement.
Beginning July 1, 2027, and each year thereafter during the term of this Agreement, the annual cost shall increase by up to five percent (5%), based upon actual costs. Costs shall be invoiced quarterly by the County based on actual expenses incurred.
4. NO EMPLOYMENT OR AGENCY RELATIONSHIP
This Agreement is a funding agreement only. Nothing in this Agreement shall be construed to create any employment or agency relationship between the parties or their officers, employees, or agents. The fire service personnel for which funding is provided under this Agreement are not employees of City and the County shall be responsible for all wages and other employment benefits and is solely responsible for the supervision and management of said employees.
5. LIABILITY
Nothing in the provisions of this Agreement is intended to affect the legal liability of either party by imposing any standard of care different from the standard of care imposed by law. Each party shall bear its own exposure for Workers’ Compensation for its own personnel while furnished to the other party or likewise engaged.
6. ENTIRE AGREEMENT
This Agreement and any additional or supplementary document(s) incorporated herein by specific reference (Exhibit A and Exhibit B) contain all the terms and conditions agreed upon by the parties. No other contracts, oral or otherwise, regarding the subject
matter of this Agreement shall have any validity or bind any of the parties unless specifically identified within the Agreement.
7. RECORDS AND INSPECTIONS
County shall maintain full and accurate records with respect to all matters covered under this Agreement. To the extent permitted by law, City shall have free access at all proper times or until the expiration of four (4) years after the furnishing of services to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all data, documents, proceedings, and activities pertaining to this Agreement.
8.NOTICES
All notices, requests, demands or other communications under this Agreement shall be in writing. Information for notice to the parties to this Agreement at the time of endorsement of this Agreement is as follows:
County of Merced c/o City of Livingston
Merced County Fire Department Attn: City Manager
Attn: Division Chief 1416 C Street
3500 N Apron Ave Livingston, CA 95334
Atwater, CA 95301
Any party may change its address or fax number by giving the other party notice of the change in any manner permitted by this Agreement.
Signature page to follow
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as the day and year first hereinabove written.
County of Merced City of Livingston
By: By:
__________________________ _____________________________ Daron McDaniel, Board Chair Jose Antonio Ramirez, City Manager
_______________________ _____________________________
Date Date
APPROVED AS TO LEGAL FORM APPROVED AS TO LEGAL FORM
MERCED COUNTY COUNSEL LIVINGSTON CITY ATTORNEY
By___________________________ By____________________________
Exhibit A
Scope of Fire Protection Services
The following details the fire protection services, by category, provided under this Agreement. While this Agreement is to fund two fire personnel for the Livingston Fire Station, this scope of services memorializes the specific services that are typical of standard fire protection services and delineates organization responsibility where necessary.
Staffing:
• County shall assign staff to the Livingston Fire Station located at 1430 “C” Street in the City of Livingston with a minimum of two (2) personnel twenty-four (24) hours a day, seven (7) days a week.
• City’s Fire Station will be a “priority” cover station in the event the assigned staff at the Livingston Fire Station are committed to an incident.
Response by Type of Incident:
• County shall provide “all-risk” emergency response including Basic Life Support services that include Automatic External Defibrillation. • Emergency Medical Service, Hazardous Material Level 1, Public Assist – one (1) Fire Engine
• Hazardous Material Level 2 – one (1) Battalion Chief, one (1) Type One Hazardous Material Unit, one (1) Fire Engine
• Vehicle Accident, Vegetation or Vehicle Fire, Fire Alarm Sounding – two (2) Fire Engines.
• Structure Fire - one (1) Battalion Chief, four (4) Fire Engines o Request Mutual Aid from the City of Atwater and/or City of Merced for apparatus, as needed
• Commercial Fire – two (2) Battalion Chiefs, six (6) Fire Engines, one (1) Rescue, two (2) Water-tenders
o Request Mutual Aid from the City of Atwater and/or City of Merced for additional apparatus, as needed
Training:
• Personnel assigned to the Merced County Fire Department shall complete a minimum of four (4) hours familiarization training of the City upon being assigned. • Personnel assigned to Merced County Fire Department; Battalion 19 shall annually complete a minimum of sixteen (16) hours familiarization training of the City.
• Personnel assigned to the Livingston Fire Station shall annually complete a minimum of forty (40) hours familiarization training of the City. • Paid Call Firefighters/Emergency Responders assigned to Merced County Fire Department; Battalion 19 shall annually complete a minimum of four (4) hours familiarization training of the City.
• Paid Call Firefighters/Emergency Responders assigned to the Livingston shall annually complete a minimum of eight (8) hours familiarization training of the City.
Exercises:
• County shall annually complete a minimum of two (2), four (4) hour exercises at City consisting of an “all-risk” fire response.
• County will extend invitations to the Merced City and Atwater City Fire Departments for scenario-based exercises utilizing personnel and apparatuses. • County shall annually participate in a minimum of four (4) tabletop exercises.
These tabletop exercises are coordinated by City personnel.
Prevention:
City Responsibilities (Fire Marshal Duties):
The City, through its Lead Designated Fire Marshal, designee, or an approved third-party agency, shall be solely responsible for all Fire Marshal related duties within the City, including but not limited to:
• Completing fire plan reviews for all new construction / permit submittal. • Conducting annual reviews of plans, including Knox Box key verification. • Providing detailed building plans, site information, and other relevant data necessary for the development and maintenance of fire plans.
County Responsibilities:
The County’s responsibilities shall be limited to the following activities, conducted in coordination with the City’s Lead Designated Fire Marshal, designee, or approved third-party agency:
• Conducting annual weed abatement inspections.
• Conducting inspections of education facilities, including fire and life safety inspections as applicable.
Coordination:
The County and City shall coordinate as necessary to ensure effective communication and scheduling; however, the City shall retain primary authority and responsibility for Fire Marshal functions within the City.
Exhibit B
Personnel Cost by Fiscal Year
Not to Exceed
FY 26/27 July 1, 2026 thru June 30, 2027 $1,500,000
FY 27/28 July 1, 2027 thru June 30, 2028 $1,575,000
FY 28/29 July 1, 2028 thru June 30, 2029 $1,653,750
Agreement Cost $4,728,750
Merced County shall invoice the City of Livingston quarterly based upon actual expenses incurred. Annually, increased costs shall not exceed five percent (5%).
STAFF REPORT
AGENDA ITEM: Adopt the City of Livingston Traffic Calming Program for Establishing Formal Guidelines and Procedures for Implementing Traffic Calming Requests within Residential Neighborhoods MEETING DATE: March 17, 2026
PREPARED BY: Mario Gouveia, PE, City Engineer
REVIEWED BY: Jose Antonio Ramirez, City Manager
Anthony Chavarria, Public Works Director
RECOMMENDATION:
Staff recommends that the City Council adopt the City of Livingston Traffic Calming Program for establishing formal guidelines and procedures for implementing traffic calming requests within residential neighborhoods.
BACKGROUND AND DISCUSSION:
City staff receives inquiries for traffic calming devices on a regular basis, but without a program or policy in place to define where and how these devices could be installed, or how these costs are borne, it is difficult for staff to provide residents with accurate information.
The proposed City of Livingston Traffic Calming Program establishes a formal, standardized process for evaluating and addressing traffic-related concerns within residential neighborhoods. The program is intended to improve safety, livability, and quality of life through the use of traffic calming tools applied in a structured and consistent manner. When applied correctly, a traffic calming tool can reduce vehicle speeds and vehicle volumes along a residential street without disregarding sound traffic engineering and traffic safety principles.
The program outlines minimum qualifying criteria to ensure that traffic calming devices are considered only on appropriate and applicable residential street segments. These criteria include street classification, speed limit, segment length, traffic volume thresholds, and demonstrated speeding or cut-through conditions. This ensures that traffic calming measures are applied where warranted and, in a manner, consistent with sound engineering practices.
The program also establishes a multi-step review process beginning with enforcement and data collection through the Traffic Safety Committee (TSC), followed by engineering evaluation and, if warranted, consideration of physical traffic calming devices. Installation of any device requires demonstrated neighborhood support and is subject to available funding.
Pre-approved traffic calming devices identified in the program include radar speed feedback signs, speed bumps/lumps, and median islands. All devices must comply with applicable engineering standards and maintain consideration for emergency response access.
Adoption of the Traffic Calming Program provides transparency, consistency, and clear expectations for residents and staff when reviewing and responding to traffic calming requests. The program serves as a policy framework and does not mandate installation of any specific improvements.
The Traffic Calming Program would guide the installation of traffic calming devices subject to available funding as approved annually by the City Council. The program identifies an annual appropriation of $60,000 for the installation of traffic calming devices, subject to budget approval.
ENVIRONMENTAL REVIEW
Adoption of the Traffic Calming Program is not a project under the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines, as it establishes administrative procedures and policies. Any future installation of traffic calming devices will be evaluated for CEQA compliance on a case-by-case basis, as appropriate.
FISCAL IMPACT:
There would be no fiscal impact on this item.
ATTACHMENTS:
1. Resolution
2. City of Livingston Traffic Calming Program
RESOLUTION NO. 2026-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON ADOPTING THE
CITY OF LIVINGSTON TRAFFIC CALMING PROGRAM FOR ESTABLISHING FORMAL
GUIDELINES AND PROCEDURES FOR IMPLEMENTING TRAFFIC CALMING REQUESTS
WITHIN RESIDENTIAL NEIGHBORHOODS
WHEREAS, the City of Livingston strives to promote public safety, livability, and quality of life within residential neighborhoods; and
WHEREAS, the City of Livingston recognizes that a traffic calming program would provide transparency, consistency, and clear expectations for residents and City staff when responding to traffic-related concerns; and
WHEREAS, traffic calming measures are intended to reduce excessive vehicle speeds, discourage cut-through traffic, and improve conditions for pedestrians and bicyclists; and WHEREAS, the City has prepared a Traffic Calming Program to establish minimum qualifying criteria, standardized procedures, and a formal review process for evaluating traffic calming requests; and
WHEREAS, the Traffic Calming Program provides a structured process beginning with enforcement and data collection, followed by engineering evaluation and consideration of preapproved traffic calming devices when warranted; and WHEREAS, the Traffic Calming Program requires neighborhood support, compliance with sound engineering practices, and consideration of emergency response access prior to installation of any traffic calming device; and
WHEREAS, adoption of the Traffic Calming Program only establishes administrative guidelines and does not authorize the installation of any specific traffic calming improvement; and WHEREAS, an annual appropriation for the installation of traffic calming devices under the Program shall be approved by the City Council through the annual budget process; and WHEREAS, adoption of the Traffic Calming Program is not a project under the California Environmental Quality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines, as it only establishes administrative procedures and policies.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Livingston hereby:
1. Finds that the foregoing recitals are true and correct and incorporated by reference.
2. Adopts the City of Livingston Traffic Calming program.
3. Directs this resolution to 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 17th 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
DRAFT
City of Livingston
Traffic Calming Program
City of Livingston Traffic Calming Program
Established xx/xx/xx; 2/10/2026 Page 2
Table of Contents
Introduction ................................................................................................................... 3 Definitions.................................................................................................................... 3 Purpose ....................................................................................................................... 3 Goals and Objectives.................................................................................................... 3 Policy Statements ......................................................................................................... 4 Minimum Qualifying Criteria ........................................................................................ 6 Traffic Calming Request Process ................................................................................ 7 Step No. 1: Complete a Traffic Calming Request Form............................................... 7 Step No. 2: Initiate Traffic Calming Study .................................................................... 8 Step No. 3: Complete a Traffic Calming Installation Application.................................. 9 Step No. 4: Construction/Installation of Traffic Calming Devices............................... 10 Pre-approved Traffic Calming Devices...................................................................... 11 Radar Speed Feedback Signs................................................................................... 11 Speed Bumps/Lumps ................................................................................................ 12 Median Islands .......................................................................................................... 13 Traffic Calming Request Form ................................................................................... 14 Traffic Calming Installation Application.................................................................... 15
City of Livingston Traffic Calming Program
Established xx/xx/xx; 2/10/2026 Page 3
Introduction
Definitions
“Traffic Calming” is a combination of mainly physical measures that reduce the negative effects of motor vehicle use, alter driver behavior, and improve conditions for residents, pedestrians, and bicyclists.
“Traffic Calming Device” is a specific tool used to calm traffic, such as speed hump, speed bump, or speed table, a posted sign or legend, or modification to the roadway encouraging drivers to slow down. These are just a few of the available traffic calming tools.
“Traffic Calming Program” identifies available traffic calming tools, specifies qualifying criteria, and establishes a systematic process for applying for, approving, and installing traffic calming solutions.
Purpose
The purpose of the Traffic Calming Program is to improve the safety, livability, and quality of life within residential neighborhoods through the use of traffic calming tools.
This program shall:
1) Define a process for evaluating and reporting traffic-related concerns within residential neighborhoods
2) Identify problem characteristics and potential solutions, 3) Identify the costs of each solution as well as funding sources, 4) Specify the review and approval process for implementation, 5) Provide contact information for additional questions or concerns Goals and Objectives
The City of Livingston continuously strives to promote overall safety and increase the quality of life for each resident. Vehicles traveling at excessive speeds adversely affects public safety and the general qualify of life for residents.
This Program seeks to provide a combination of engineering, education, and enforcement tools to minimize these adverse effects and provide a singular process,
City of Livingston Traffic Calming Program
Established xx/xx/xx; 2/10/2026 Page 4
which can be used by both City staff and residents alike, to formally address these concerns.
Each neighborhood has unique needs and concerns that must be reviewed and considered to ensure that the appropriate solution is applied. In addition to neighborhood concerns the City must recognize the needs of other users, such as the City’s emergency services, which can be negatively impacted by some traffic calming solutions when trying to respond quickly to an emergency call. Final solutions must balance the needs of emergency responders against the needs of the residential community to calm traffic.
The specific objectives are:
1) Reduce excessive vehicle speeds in residential neighborhoods 2) Promote conditions that encourage walkable neighborhoods 3) Reduce potential for collisions
4) Encourage citizen and neighborhood involvement
Policy Statements
1) In many cases complaints related only to vehicle speeds can be adequately addressed solely with additional enforcement. As such, the permanent installation of a device will only be recommended when regular enforcement is deemed to be insufficient.
2) Requests will progress through a multi-step process, beginning with enforcement and education before advancing to larger, more aggressive and expensive solutions. This ensures that a cost-effective solution is applied and doesn’t unnecessarily impact the local traffic.
3) Minimum Qualifying Criteria: Since the purpose of the Program is to address issues on local streets within residential neighborhoods, a list of minimum qualifying criteria has been developed to ensure that requests are limited only to those sections of street for which traffic calming devices are intended. 4) Design of Traffic Calming Devices:
a) All devices will be designed and installed utilizing sound engineering practices.
City of Livingston Traffic Calming Program
Established xx/xx/xx; 2/10/2026 Page 5
b) Each device listed within this program has been pre-approved for use on city streets by the City Engineer. Requests for devices not listed in this Program will require a separate review and approval.
c) Devices shall comply with the latest edition of the California Manual on Uniform Traffic Control Devices (CA MUTCD).
d) Minimum qualifying criteria will be established for each device. e) Access for pedestrian and bicyclists shall be maintained. f) Accommodation will be made for emergency vehicles.
5) Neighborhood Support: The installation of any device will require strong neighborhood support from residents living on, or adjacent to, the affected street segments. In addition, neighbors beyond this section of street will be notified prior to the approval of any application to provide them the opportunity express their support or concerns.
6) On-Street Parking: Depending on the specific location of installation, the removal of some on-street parking spaces may be required.
7) Costs: Based on the availability of funding and as approved annually by the Livingston City Council, the City of Livingston will attempt to appropriate $60,000.00, per fiscal year towards speed cushion installation. 8) Maintenance: The City shall be responsible to maintain these devices upon successful installation for the life of the device(s).
9) Appeals: If the Traffic Safety Committee does not approve an application, then the applicant can, within (30) days, appeal that decision to the City Manager for review.
The decision of the City Manager shall be final.
10) Denials: In the event that a request for installation is denied, either by the Traffic Safety Committee or upon appeal to the City Manager, a similar request at the same location will not be considered for (2) years from the original application date. 11) Removal: If after (12) months of installation at least 75% of property owners want the traffic calming device removed, then they must submit a petition to the Traffic Safety Committee for consideration.
-
City of Livingston Traffic Calming Program
Established xx/xx/xx; 2/10/2026 Page 6
Minimum Qualifying Criteria
Traffic calming works best when it is applied to specific types of streets in specific situations. Applying traffic calming devices inappropriately can result in adverse effects to the general traveling public, including an increase in driver frustration, reduced response times from emergency services, and increased wear and tear on vehicles.
The following list of primary, qualifying criteria ensures that traffic calming solutions are limited only to streets addressing residential neighborhood concerns.
When the applicant submits an application they will specify a section of street for the addition of traffic calming devices. That section of street must:
1) Have a functional classification of local (residential) street, 2) Have an existing speed limit of 25 mph,
3) Be defined by the intersection of a cross-street on either end (except for a cul-desac which will only have a cross-street on one end), 4) Be at least 500’ in length (not total length of street, just the section), 5) Have an Average Daily Traffic (ADT) of at least 800 vehicles.
In addition to the primary criteria, if the request is related to speeding, then at least 5% of the vehicles on an average day must travel faster than 30 m.p.h.
In addition to the primary criteria, if the request is related to increased volume, then at least 10% of the vehicles on an average day must be thru traffic, or 20% of vehicles within a 1-hour peak period, whichever is less.
1111
City of Livingston Traffic Calming Program
Established xx/xx/xx; 2/10/2026 Page 7
Traffic CalmingRequest Process
Step No. 1: Complete a Traffic Calming Request Form
1) The applicant shall complete a Traffic Calming Request Form and submit it to the Livingston Police Department’s Traffic Safety Committee (TSC). This submission shall serve to notify the Traffic Safety Committee of the on-site issues and allow for targeted enforcement prior to physical changes within the roadway. 2) TSC will evaluate the request and based on availability of resources may provide one or more short-term solutions, such as:
a) targeted enforcement,
b) making contact with a specific, known offender,
c) temporarily setting up a radar speed trailer, or
d) sampling speed and volume data through a traffic data collector; or e) other enforcement strategies deemed appropriate for that situation.
Please note that any information gathered through the course of these efforts is a public record and available to any member of the public upon filing a request. 3) If after a continuous, targeted enforcement period of at least 30 days the Traffic Safety Committee notes that the originally reported problems persist, they will revisit the issue and convene another TSC meeting to render a decision, along with any and all relevant supporting data that was gleaned during the specified period (Continue to Next Step).
4) In the event that enforcement efforts are deemed successful the Traffic Safety Committee will deem the targeted enforcement sufficient and advise the applicant accordingly.
City of Livingston Traffic Calming Program
Established xx/xx/xx; 2/10/2026 Page 8
Step No. 2: Initiate Traffic Calming Study
1) The Traffic Safety Committee (TSC) shall notify the applicant upon receiving a Traffic Calming Request Form, as well as confirm that the next step in the process would be the completion of a traffic calming study.
2) Within (30) days of receipt of the application the Traffic Safety Committee shall:
a) Review any speed and volume information
b) Perform an on-site review of the area;
c) Make recommendations for the installation of one or more devices; 3) Within (15) days of the completion of the steps outlined above the shall provide to the applicant, in writing, a report on the findings and recommendations for one or more traffic calming solutions, if warranted. 4) The applicant should carefully review the City’s (TSC) response, as well as share with interested neighbors, before making a decision as to how (and if) to proceed with the next step of the traffic calming process.
City of Livingston Traffic Calming Program
Established xx/xx/xx; 2/10/2026 Page 9
Step No. 3: Complete a Traffic Calming Installation Application 1) Complete and submit a no-cost Traffic Calming Installation Application to the Traffic Safety Committee. This submission must include:
a) The application form itself, specifying the specific traffic calming option proposed for installation, and
b) Approval signatures from at least 75% of adjacent property owners. Please note that signatures must be from property owners, not renters. Qualifying owners will own a property that fronts, or has a side yard on, the section of street for which a Traffic Calming Installation Application is submitted, and 2) The form may be submitted by (1) email at XXXXXXXXXXXX, or (2) fax at 209- XXX-XXXX, or (3) by mail or in-person at City of Livingston Police Department, 1446 “C” Street Livingston, Ca 95334. Attention: Traffic Safety Committee 3) The application will be briefly reviewed for completeness. Incomplete forms, such as those that haven’t completed Step #2, don’t meet the minimum requirements listed above, or are missing other key pieces of information, will be not be accepted. 4) Within (30) days of receipt of this form the Traffic Safety Committee (TSC) will schedule a public hearing to solicit feedback from the neighborhood and community. The City shall follow standard public noticing procedures for notifying neighbors.
5) Within (10) business days following the public hearing the TSC shall contact the applicant in writing to advise of approval or disapproval of the proposed project. If not approved, a reason will be provided. Applicants may appeal a denial within (30) days for consideration by the Livingston City Manager.
6) If approved, the City will proceed with the Construction and Installation of Traffic Calming Devices. Project is then complete. * Subject to City Appropriated Funds *
City of Livingston Traffic Calming Program
Established xx/xx/xx; 2/10/2026 Page 10
Pre-approved Traffic Calming Devices
The devices listed in this section have been pre-approved for use on city streets. Any device not listed in this section must be reviewed and approved separately by the City Engineer prior to approval of a Traffic Calming Installation Application.
Radar Speed Feedback Signs
1) A speed feedback sign uses radar to identify an
approaching driver’s speed and then display it.
2) Advantages:
a) Mounted to existing street light poles, when
available,
b) Does not slow down emergency vehicles,
c) Less expensive to acquire and install than many
other options,
d) Zero noise generated from device.
3) Disadvantages:
a) Requires a power source (either hardwired or solar panel) b) Only effective for one direction of travel
c) Not self-enforcing
d) Subject to vandalism
4) Costs:
a) Low to medium installation costs
b) High enforcement costs
City of Livingston Traffic Calming Program
Established xx/xx/xx; 2/10/2026 Page 11
Speed Bumps
1) Speed bumps are a raised traffic calming device across the entire travel way. Height and length vary and depend on speed limits.
Speed Lumps
1) Speed lumps are similar to ‘speed bumps’ except they are divided into three sections with one foot of space in between each section. These gaps are specifically spaced to accommodatethe wider axle widths of fire engines. All other vehicles with smaller axle widths haveto go over the speed lumps with at least one side of the vehicle. Speed lumps are typically 12’–15’ long and 3”- 4” inches in height. 2) Application:
a) Two-lane, residential streets with a
travel width of less than 40’,
b) On streets with curb and gutter
improvements in place,
c) Shall not be installed within at
least 150’ of the beginning or end
of a curve in the roadway,
d) Shall be spaced 300’ – 600’ apart,
e) Can be used in conjunction with other
approved devices,
f) Streets with a longitudinal grade of 5% or less.
3) Advantages:
a) Effective in reducing speed,
b) Does not require removal of on-street parking,
c) Can reduce vehicular volume as well.
4) Disadvantages:
a) Increased noise and air pollution near bumps/lumps,
b) Will cause delay to emergency vehicles (except fire engines), c) Not aesthetically pleasing,
d) May divert traffic to parallel streets,
e) May cause discomfort to motorists & passengers.
5) Costs:
a) Medium installation costs
b) Medium enforcement costs
City of Livingston Traffic Calming Program
Established xx/xx/xx; 2/10/2026 Page 12
SPEED LUMP DETAIL
CURB AND
GUTTER
r ,_, __ s'_MIN_. ---'-1-2'_,__, __ s_· _ _,,1_2_· .... , __ 8'_MI_N. _ __,j1',.:--' ~------- ~----- ~------~ -+=· - <+-~ "' B ..
L :., d ·
..
B
_j
l£SS THAN 16::! SIDE
GRADIENT (M'.)
PLAN VIEW
• ;....
•.
3'-6"X3'-6" DIRECTIOIIAL
TRAFFIC ARROW, PAI~ TED
YELLOW. ONE ARROW IN
EACH DIRECTION (TYP .)
APPROXIMATELY 7:g GRADIENT
PLANE EXISTING AC I'S
REQUIRED FOR 1-INCH
THICK K; SPEED CUSHION
OVERLAY
1/,
7'
SECTION A-A
NOTES:
1. INSTALL SIGNS A~D MARKINGS PER CA MIJTCD STANDARDS.
2. INSTALL SPEED HUMP SIGN (W17- 1) AT EACH SPEED HUMP IN BOTH DIRECTIONS.
3. INSTALL SPEED HUMP AHEAD {W17-' ~ W16-9P) SIGN IN
ADVANCE OF THE FlRST SPEED HUMP IN EACH DIRECTION
APPROXIMATELY 150 FEET.
4. MINIMUl.4 STREET WIDTH FROM FACE OF CURB TO FACE OF CURB IS 32 FEET.
5. IT l.4AY BE NECESSARY FOR VE ,ICLLAR TIRAFF1C TO PULL TO TH RIGHT AND ALLOW AN OPPOSING EMERGENCY VEHICLE TO P/'SS.
CURB /\ND
GUTTER LESS 1HAN 16% GRADIENT
PLANE EXISTING AC 1-S REQUIRED
FDR I -INCH THICK AC SPEED
CUSHION OVERLAY
SECTION 8-8
AC PAVEMENT
SPEED CUSHION
City of Livingston Traffic Calming Program
Established xx/xx/xx; 2/10/2026 Page 13
Median Islands
1) Raised island in the center of the
roadway with one-way traffic on
each side.
2) Application: Used on wide streets to
narrow each direction of travel.
3) Advantages:
a) Narrowed travel lanes provide
“friction” and can slow vehicle speeds,
b) Opportunity for landscaping and visual enhancement of the neighborhood, c) Better utilize what would otherwise be “unused pavement”, d) Can be used to control and/or limit traffic access to adjacent properties if desired. 4) Disadvantages:
a) Long medians may impact access by emergency traffic, b) May interrupt driveway access and result in U-turns, c) Will require the removal of parking if the resulting travel lane is less than 17’ wide,
d) May require circuitous access to driveways by residents, e) Creates a physical obstruction in the traveled way,
5) Special considerations:
a) Landscaping shall meet the requirements of M.W.E.L.O., b) Landscaping shall be designed so as not to affect the visibility of other motorists or pedestrians, especially at intersections and crossing areas, c) Minimum travel lane width of 11’ shall be maintained, d) Median island should be divided into sections to accommodate cross streets and key crossing areas.
6) Costs:
a) High costs for installation
b) Low costs for maintenance and enforcement
City of Livingston Traffic Calming Program
Established xx/xx/xx; 2/10/2026 Page 14
Traffic Calming Request Form
This form is to be used to request the installation of one or more speed bumps/lumps or other traffic calming devices. Please complete this form in its entirety. Completed applications must be submitted to the Livingston Police Department’s Traffic Safety Committee.
First Name: Last Name:
Physical Address:
Mailing Address (if different):
Phone Number: Email (optional):
I am currently experiencing the following traffic related issues on my street:
Excessive speed Excessive Volume Other:
I would like traffic calming device(s) on: (street)
between: (street) and (street)
Through my signature below I am requesting the City to conduct targeted enforcement, perform on-site reviews and studies as warranted, and make recommendations for potential traffic calming solutions along the section of street described above. I understand that any recommendations made will require the consent of a majority of the affected neighbors.
Signature: Date:
City of Livingston Traffic Calming Program
Established xx/xx/xx; 2/10/2026 Page 15
~Traffic Calming Devices Removal Procedure~
The following procedure will be used to process a request for speed cushion removal:
1. The request for speed cushion removal will be initiated by a property owner. Traffic Calming Devices removal will follow the same policy and procedure set forth in this policy for Traffic Calming Device installation.
2. Traffic Calming Devices will not be considered for removal within one year of their installation.
3. All costs associated with the removal of the Traffic Calming Devices will be paid by the City of Livingston.
4. A street that has successfully petitioned and has had Traffic Calming Devices removed from their street is not eligible for consideration for further Traffic Calming Devices placement for a period of 60 months from the date of removal of the Traffic Calming Devices.
5. All removal requests must first be approved by the City of Livingston, Traffic Safety Committee.
-
Traffic Calming Installation Application
Applicants who have previously submitted a Traffic Calming Request Form and received a traffic calming report from the Traffic Safety Committee may use this application to request the installation of one or more approved traffic calming devices. This application shall contain the contact information for the lead applicant, who will be responsible for coordinating information between the City and the affected property owners in the neighborhood.
Lead Applicant Date:
First Name: Last Name: Full Physical Address:
Full Mailing Address (if different): Phone Number: Email (optional): Project Information
Traffic calming device(s) will be installed on: (street) between: (street) and (street)
The neighborhood has requested the installation of the following traffic calming devices:
Radar Speed Signs Speed Bumps/Lumps Median Island Other (approved by City Engineer): The City Engineer has estimated the total cost of this project to be: $
Petition of Property Owners I have attached a petition to this application that contains the names, signatures, and addresses of all real property owners (not renters)that own property that fronts, or has a side yard on, the section of street for which these improvements shall be made. This petition shall also provide a statement indicating a description of the proposed improvements and their proposed location(s).
I, as lead applicant, request the installation of traffic calming devices as stated above.
Signature: Date:
~ Petition Form~
Location: On _______between And___________
Approve in front of
your home?
Yes or No
(Add additional sheets as necessary)
Name (Printed) Address
Telephon
e Number
Approve
(Signatur
e)
Disapprov
e
(Signature
)
D D
D D
D D
D D
D D
D D
D D
D D
D D
D D
D D
D D
D D
STAFF REPORT
AGENDA ITEM: Public Hearing – To Waive the Second Reading and Adopt Ordinance No. ___, approving Zoning Text Amendment No. 2025-01 – An Ordinance to update the Livingston Municipal Code (LMC) to update various housing development standards related to definitions, offstreet parking, Site Plan and Design Review, density bonuses, Use Permits, ministerial approvals, emergency shelters, single room occupancy, and residential and commercial uses zoning matrix.
MEETING DATE: March 17, 2026
PREPARED BY: Miguel Galvez, Contract City Planner
REVIEWED BY: Jose Antonio Ramirez, City Manager
RECOMMENDED ACTIONS:
1. Find the proposed ordinance amendment is exempt under the provisions of the California Environmental Quality Act (CEQA) pursuant to CEQA Section 15061(b)(3).
2. Waive the Second Reading of the Ordinance and Adopt Ordinance No. ___, approving Zoning Ordinance Text Amendment No. 2025-01, to amend the Livingston Municipal Code (LMC) to update LMC 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: Administration, Chapter 6, Section 5-6-1: Powers and Duties, 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.
BACKGROUND AND DISCUSSION:
The proposed Zoning Ordinance Text Amendment, hereinafter referred to as the “proposed amendment” is a staff-initiated proposal to modify the LMC to update housing development and standards, including definitions, off-street parking, Site Plan and Design Review, density bonuses, Use Permits, ministerial and by-right approvals, emergency shelters, single room occupancy, and residential and commercial uses zoning matrix.
The amendments include the following components:
• Amend Section 5-2-2: Residential to add definitions for the terms “Supportive Housing” and “Single Room Occupancy” and revise the definition for “Farm Labor Housing”.
• Amend Section 5-2-3: Commercial to add a definition for the term “Low Barrier Navigation Centers” and revise the definition for “Emergency Shelters” and “Licensed Community Care Facilities”.
• Amend Section 5-3-15: Land Use Regulations (Zoning Matrix) to add “Transitional Housing” and “Supportive Housing” as permitted uses in R-E, R-1, R-2, R-3, C-1, DTC, C-2, C-3, M-1, and M-2, add “Single Room Occupancy” as a permitted use in R-2, R-3, DTC, C-2, and C-3 Zoning Districts, and add “Low Barrier Navigation Centers” as a permitted use in C-1 and DTC Zoning Districts. Amend the “Multiple-Family Apartment Dwellings” use to be permitted in R-2 and DTC Zoning Districts, amend the “Emergency Shelter” use to be permitted in R-1, R-2, R-3, and C-1 Zoning Districts and amend the “Licensed Community Care Facility” use to be permitted in R-1, R-2, R-3, C-1, and DTC Zoning Districts.
• Amend Section 5-3-16: Lot Development Standards to amend the maximum site coverage for the R-3 Zoning District.
• Amend Section 5-4-5: Off-Street Parking and Loading to add parking standards for senior housing, single room occupancy, supportive housing, and emergency shelters.
Amend the parking standards for mobilehomes.
• Amend Section 5-5-1: Density Bonuses to add eligibility for housing developments that are for transitional foster youth, disabled veterans, homeless persons, and lower income households. Clarify requirements for land donations.
• Amend Section 5-5-4: Multi-Family Residential Development to remove the Site Plan and Design Review requirement for multi-family developments. • Amend Chapter 5: Specific Use Regulations to add Section 5-5-16: Emergency and Low Barrier Shelters to establish development standards for emergency shelters and low barrier navigation centers.
• Amend Chapter 5: Specific Use Regulations to add Section 5-5-17: Single Room Occupancy to establish development standards for single room occupancy units. • Amend Section 5-6-1: Powers and Duties to clarify the Planning Commission role in the Site Plan and Design Review process.
• Amend Section 5-6-7: Site Plan and Design Review to clarify the Planning Commission role in the Site Plan and Design Review process and to exclude multi-family developments from the site plan review process.
• Amend Section 5-6-9: Use Permit, Temporary and Conditional to add objective standards for proposed use permits.
• Amend Chapter 6: Administration to add Section 5-6-13: Streamlined Ministerial Approvals for Housing Development to establish procedures for ministerial approvals. • Amend Chapter 6: Administration to add Section 5-6-14: By-Right Approval to establish procedures for by-right approvals.
• Amend Section 5-7-2: Definitions of Words and Phrases to add definitions for “Affordable Housing Cost”, “Affordable Rent”, “Area Medium Income”, “Bridge Housing”, “Community Crisis Home”, “Concession/Incentive”, “Enhanced Behavioral Home”, “Foster Family Home”, “Small Family Home”, “Group Home”, Housing First”, “Infill Site”, “Low Income Households”, “Moderate Income Households”, “Private Alternative Boarding School”, “Private Alternative Outdoor Program”, “Recuperative Care”, “Residential Care Facilities”, “Respite Care”, “Senior Housing”, “Short-Term Residential Therapeutic Program”, “Streamlined Ministerial Approval”, “Transitional Shelter Care Facility”, “Transitional Youth”, and “Very Low Income Households”.
ANALYSIS:
The proposed amendments will modify the following Chapters and Sections of the LMC:
Chapter 2, Section 5-2-2: Residential
The proposed amendments would add two (2) new definitions to the LMC:
Supportive Housing: Housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community.
Single Room Occupancy: One room dwelling units that is occupied by no more than two persons, and where the living and sleeping spaces are combined. Kitchen and bathroom facilities may be wholly or partially included in each living space or may be fully shared.
Chapter 2, Section 5-2-3: Commercial
The proposed amendments would add one (1) new definitions to the LMC:
Low Barrier Navigation Centers: Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities, as further defined in Cal. Gov. Code 65660.
Chapter 3, Section 5-3-15: Land Use Regulations (Zoning Matrix) The proposed amendment would modify the Zoning Matrix for Residential Uses by:
1) Permitting the use “Multiple-Family/Apartment Dwelling” in the R-2 (Medium Density Residential) and DTC (Downtown Commercial) Zoning District; 2) Adding “Transitional Housing” to the Zoning Matrix and permit the use in the R-E (Estate Residential), R-1 (Low Density Residential), R-2 (Medium Density Residential), R-3 (High Density Residential), C-1 (Neighborhood Commercial), DTC (Downtown Commercial), C2 (Community Commercial), C-3 (Highway Service Commercial), M-1 (Limited Industrial), and M-2 (General Industrial) Zoning Districts;
3) Adding “Supportive Housing” to the Zoning Matrix and permit the use in the R-E (Estate Residential), R-1 (Low Density Residential), R-2 (Medium Density Residential), R-3 (High Density Residential), C-1 (Neighborhood Commercial), DTC (Downtown Commercial), C2 (Community Commercial), C-3 (Highway Service Commercial), M-1 (Limited Industrial), and M-2 (General Industrial) Zoning Districts; and
4) Adding “Single Room Occupancy” to the Zoning Matrix and permit the use in the R-E (Estate Residential), R-1 (Low Density Residential), R-2 (Medium Density Residential), R3 (High Density Residential), C-1 (Neighborhood Commercial), and DTC (Downtown Commercial) Zoning Districts.
The proposed amendment would modify the Zoning Matrix for Commercial Uses by:
1) Permitting the use “Emergency Shelters” in the R-1 (Low Density Residential), R-2 (Medium Density Residential), R-3 (High Density Residential), and C-1 (Neighborhood
Commercial) Zoning District;
2) Permitting the use “Licensed Community Care Facilities” in the R-1 (Low Density Residential), R-2 (Medium Density Residential), R-3 (High Density Residential), C-1 (Neighborhood Commercial), and DTC (Downtown Commercial) Zoning District; 3) Adding “Low Barrier Navigation Centers” to the Zoning Matrix and permit the use in the C1 (Neighborhood Commercial) and DTC (Downtown Commercial) Zoning Districts; and 4) Adding “Single Room Occupancy” to the Zoning Matrix and permit the use in the R-2 (Medium Density Residential), R-3 (High Density Residential), DTC (Downtown Commercial), C-2 (Community Commercial), and C-3 (Highway Service Commercial) Zoning Districts.
Chapter 3, Section 5-3-16: Lot Development Standards
The proposed amendments to Table 6: Development Standards are as follows:
Zone Maximum Site
Coverage (%)
Maximum
Structure Height
(In Feet)
Maximum
Accessory
Structure Height,
Detached (In
Feet)
Maximum Floor
Area Ratio
(FAR)
R-E N/A 30 15 N/A
R-1 0.55 30 15 0.60
R-2 0.40 30 15 0.50
R-3 0.40 0.60 40 15 0.50
C-1 N/A 301 15 N/A
DTC N/A 501 20 N/A
C-2 N/A 351 201 0.503
C-3 N/A 351 201 0.503
M- N/A 451 351 0.503
M-2 N/A 551 451 0.503
PD See note 2 See note 2 See note 2 See note 2
Chapter 4, Section 5-4-5: Off-Street Parking and Loading The proposed amendment would modify the parking standards by:
1) Reducing mobilehome parking from 2 spaces to 1 space per unit; 2) Adding “Senior Housing” to the parking standards and requiring 1 parking space per unit; 3) Adding “Single room occupancy” to the parking standards and requiring 1 parking space per unit;
4) Adding “Supportive Housing” to the parking standards and requiring 1 parking space per unit unless within one-half mile of a public transit stop; and 5) Adding “Emergency Shelters” to the parking standards and requiring 1 parking space per employee.
Chapter 5, Section 5-5-1: Density Bonuses
The proposed amendment would modify the Density Bonuses Ordinance by:
• Updates the City’s density bonus program to match current State law. • Adds qualifying categories for transitional foster youth, disabled veterans, and homeless persons.
• Provides additional incentives or concessions for projects with 100% affordable units.
Chapter 5, Section 5-5-4: Multi-Family Residential Development The proposed amendment would repeal subsection (B)(10) to remove the Site Plan and Design Review requirement for multi-family developments.
Chapter 5: Specific Use Regulations
The proposed amendments would establish development standards for emergency and low barrier shelters as follows:
• Specifies objective performance standards for occupancy limits, lighting, security, outdoor areas, and management plans.
• Establishes approval for low barrier navigation centers in mixed-use and nonresidential zones allowing multifamily uses.
• Ensures shelters operate compatibly with surrounding neighborhoods while meeting State requirements for low-barrier entry and supportive services.
The proposed amendments would establish development standards for single room occupancy as follows:
• Adds objective design and management standards for permanent, small-unit housing. • Defines minimum unit size (150 sq. ft.), maximum occupancy (2 persons), and requirements for kitchen, bathroom, and laundry facilities. • Requires submittal of a management plan addressing building maintenance, operations, and resident safety.
Chapter 6, Section 5-6-1: Powers and Duties
• Establishes the Planning Commission as the recommending body and City Council as the approving body.
Chapter 6, Section 5-6-7: Site Plan and Design Review
• Clarifies that multiple-family developments are excluded from the site plan and design review.
• Establishes the Planning Commission as the recommending body and City Council as the approving body.
Chapter 6, Section 5-6-9: Use Permit, Temporary and Conditional • Adds measurable criteria based on objective factors: consistency with the General Plan and compliance with CEQA.
Chapter 6: Administration
The proposed amendments would establish procedures for ministerial approvals as follows:
• Adds eligibility criteria for housing developments.
• Add application procedures for ministerial approvals. • Adds clear deadlines for the City to act on ministerial approval applications.
The proposed amendments would establish procedures for by-right approvals as follows:
• Add eligibility criteria for housing projects.
• Add application review procedures for by-right developments, including required findings.
Chapter 7, Section 5-7-2: Definitions of Words and Phrases The proposed amendment would add twenty-five (25) new definitions to the LMC:
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.
Area Medium Income: The area median family income for Merced County, as published annually by the California Department of Housing and Community Development (HCD).
Bridge Housing: Any new or existing facilities that include supportive and self-sufficiency 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 abilityto-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).
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. Health 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.
Enhanced Behavioral 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. Health and Safety Code 1502.
Foster Family Home: 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.
Small Family Home: 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.
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.
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.
Low-income households: Households whose income do not exceed 80 percent of the median family income for the area.
Moderate income households: Households whose income is between 80 percent and 120 percent of the median family income for the area.
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, behavioral-based 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.
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: 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.
Senior Housing: Housing designed to meet the needs of senior citizens aged 55 years of age or older, as defined in Cal. Civil Code 51.2 and 51.3.
Short-Term Residential Therapeutic Program: A residential facility operated by a public agency or private organization and licensed pursuant to Cal. Health 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 short-term 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.
Streamlined Ministerial Approval: An approval process that is not discretionary and is not subject to the California Environmental Quality Act (CEQA).
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 Very low-income households: Households whose income do not exceed 50 percent of the median family income for the area.
ISSUES
Staff did not identify any issues with the proposed amendments to the Zoning Ordinance.
GENERAL PLAN
Zoning Code Text Amendment proposals are required to be reviewed for conformance with the City’s General Plan. The following discussion evaluates how the project conforms to the City’s current General Plan.
The 1999 Livingston General Plan included the following Land Use Objectives.
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
The proposed amendments would implement programs identified in the draft Housing Element Update related to zoning consistency, emergency shelters, and supportive housing provisions.
ENVIRONMENTAL REVIEW:
The proposed amendment is eligible for a Categorical Exemption under the following classification of the California Environmental Quality Act (CEQA) Guidelines: Article 5, Section 15061(b)(3) – Common Sense Exemption, which states that CEQA applies only to projects that have a potential for causing a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment.
The proposed amendments do not change the zoning designation on any individual property and do not affect existing land uses. The amendment will enable the City’s zoning ordinance to be updated in certain development standards, Site Plan and Design Review procedures, definitions, and the zoning matrix.
PLANNING COMMISSION ACTIONS AND RECOMMENDATION:
The Planning Commission held a Public Hearing on January 13, 2026, to consider this Zoning Code Text Amendment. Staff attended the meeting to present the staff-initiated proposal and answer questions from the Commission. There were no questions from members from the public in attendance. At the end of the public comments, the Commission, on a vote of 5-0, approved Planning Commission Resolution No. 2026-02, recommending approval of this Zoning Code Text Amendment to the City Council, subject to findings in the Resolution.
PUBLIC NOTICE
In accordance with Government Code Section 50022.3, the City Council must schedule a public hearing after the first reading of the title of the proposed ordinance. The Ordinance and Code must be available for public review at least 10 days before the public hearing. The public notice for the consideration of the ordinance for adoption needs to be published on March 6, 2026. The public hearing date of March 17, 2026, will allow enough time for the City to meet the public notice requirements of Government Code Sections 6066, 50022.3, and 50022.6.
FISCAL IMPACT:
Staff time was used to prepare and process this Zoning Code Text Amendment.
ATTACHMENTS:
1. Ordinance No. 2026-___
2. Planning Commission Resolution 2026-02
1 ORDINANCE NO. 2026-
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON AMENDING LIVINGSTON MUNICIPAL CODE TITLE 5, CHAPTER 2, CHAPTER 3, CHAPTER 4, CHAPTER 5, CHAPTER 6, AND CHAPTER 7 RELATED TO HOUSING DEVELOPMENT
AND STANDARDS, INCLUDING DEFINITIONS, OFF-STREET PARKING, SITE PLAN AND
DESIGN REVIEW, DENSITY BONUSES, USE PERMITS, MINISTERIAL APPROVALS,
EMERGENCY SHELTERS, SINGLE ROOM OCCUPANCY, AND RESIDENTIAL AND
COMMERCIAL USES ZONING MATRIX
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, including but not limited to definitions, off-street parking, Site Plan and Design Review, ministerial approvals, emergency shelters, and residential and commercial uses; 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 has adopted its Resolution 2026-____, recommending that the City Council amend the LMC, as provided for in this Ordinance; and WHEREAS, the City Council reviewed the proposed text amendments at a duly noticed public hearing on March 3, 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 State Government Code Section 65860 and the Planning Commission has determined and the City Council concurs 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, the proposed text amendments are exempt from California Environmental Quality Act (CEQA) pursuant to Article 5, Section 15061 (b) (3) of the CEQA Guidelines by the “Common Sense Exemption” that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant impact on the environment.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LIVINGSTON, CALIFORNIA does ordain as follows:
SECTION 1. Title 5: ZONING REGULATIONS, Chapter 2: USE CLASSIFICATIONS, Section 2:
RESIDENTIAL of the Livingston Municipal Code is revised to read as follows:
(A) Apartment house. A building or portion thereof other than a hotel or motel, designed and/or used to house three or more households, living independently of each other. (B) Daycare, residential. The nonmedical care and supervision of eight or fewer persons on a less than 24-hour a day basis. The use includes childcare operations. (C) Dwelling, duplex (two-family). A building containing exclusively two dwelling units under a common roof, designed and/or used as separate living units.
2 (D) Dwelling, multiple-family. A building or portion thereof containing three or more separate dwelling units, including apartments and flats, but excluding, boarding houses, motels, mobilehome parks and hotels.
(E) Dwelling, single-family. A building containing exclusively one dwelling unit that may include one or more habitable rooms designed for living and sleeping purposes. (F) Dwelling unit, accessory. 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:
1. An efficiency unit; and
2. A manufactured home.
(G) Dwelling unit, junior accessory. 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. (H) Home occupation. A commercial enterprise that is clearly incidental and secondary to the residential use of a property, and defined herein.
(I) Housing, boarding. A building, other than a hotel, or where meals or lodging or both are provided for compensation.
(J) Housing, agricultural employee. Premises used for residential purposes for temporary or seasonal periods pursuant to Cal. Health and Safety Code 17021.8(i). (K) Housing, transitional. Housing containing sleeping, kitchen and bathroom facilities that is used to ease the transition of homeless individuals to independent living. Usually provided with supportive services to assist in finding and keeping permanent housing. (L) Housing, supportive. Housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community. (M) Mobilehome.
1. In accordance with Cal. Health and Safety Code §§ 18007 and 18008, a MOBILEHOME is a transportable structure, which is built on a permanent chassis and designed as a dwelling when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein. The minimum dimensions for a mobilehome structure are eight feet wide, 40 feet long, and a total area of 320 square feet.
2. Consistent with the California Health And Safety Code definitions, mobilehome is included in the definition of manufactured home.
(N) Mobilehome park. Any area or tract of land where two or more mobilehome sites are rented or held out for rent. The use does not include placement of unoccupied mobilehomes for storage or sales.
(O) Rooming house. Same as boarding house.
(P) Single room occupancy. One room dwelling units that is occupied by no more than two persons, and where the living and sleeping spaces are combined. Kitchen and bathroom facilities may be wholly or partially included in each living space or may be fully shared.
SECTION 2. Title 5: ZONING REGULATIONS, Chapter 2: USE CLASSIFICATIONS, Section 3:
COMMERCIAL of the Livingston Municipal Code is revised to read as follows:
3 (A) Agricultural. The cultivation and tillage of soil; the production, irrigation, cultivation (including horticultural), growing, harvesting and processing of any commercial agricultural commodity, including farming, dairying, pasturage, agriculture, husbandry and timber; the lawful application of chemicals including, but not limited to, the application of pesticides, the raising of livestock, fish or poultry, and any practices performed by a farmer and on a farm incidental to or in conjunction with such operations, including preparation for market, delivery to storage or to market, or to carriers for transportation to market, and all activities or facilities related thereto.
Such operations may occur during any 24-hour period of the day. (B) Amusement center. A facility providing indoor amusement and entertainment services for an admission fee. Uses may include theme parks, arcades, bingo, bowling alleys, bocce ball, dance halls, laser tag and similar games.
(C) Automobile repair. The repair, rebuilding or reconditioning of engines or transmissions, including the removal of the same; issuance of smog certificates; glass repair; and overall painting.
Use can also include minor repair such as upholstering, detailing, replacement of parts, including batteries, mufflers, brakes, starters, generators, radiators, stereos and the like, adjusting of engines, transmission, electrical systems, air conditioning equipment, brakes and motor service. (D) Bar, cocktail lounge. Establishments, including brewpubs, which are primarily designed, maintained, operated, used or intended to be used for the selling and on site consumption of beer, wine and/or distilled spirits. Food sales may be incidental to the bar use. Live entertainment may also be offered as an incidental use if conducted within a building. (E) Body art establishment. BODY ART ESTABLISHMENT or ESTABLISHMENT means a location, place or business that has been granted a use permit by the city, whether public or private, where the practice of physical body adornment by permitted establishment and practitioners using, but not limited to, the following techniques: body piercing; tattooing; and cosmetic tattooing. This use does not include practices that are considered medical procedures such as implants under the skin scarification, branding, beading or braiding, which are prohibited. (F) Business service. Establishments providing document delivery, mail receiving and boxes, blueprinting, copying, printing, photographic and related services. Use includes parcel delivery sales and service. Use also includes business/office support services, such as janitorial, window cleaning and indoor plant maintenance.
(G) Commercial cannabis activity. See § 5-7-2 of this title for all definitions related to commercial cannabis activity and uses.
(H) Commercial services. Uses include commercial laundry and dry cleaning works; bakery and carpet cleaning plants; production of dairy products; ice dealers; cabinet shops; food lockers; beverage bottling plants. Only very limited manufacturing activities are permitted under this use category.
(I) Daycare center. Commercial or nonprofit daycare facilities designed and approved to accommodate eight or more persons providing nonmedical care for periods of less than 24 hours.
The use includes childcare operations.
(J) Emergency shelter. A building providing temporary shelter for persons in distressed circumstances, including temporary housing for homeless persons. Includes bridge housing, navigation centers, and respite and recuperative care.
(K) Equipment sales, rental and repair. A business establishment engaged in the rental, sale, leasing and/or repair of vehicles, tools and large equipment. Uses include boat and truck sales and service. This classification also includes sale of appliances, tools, home improvement merchandise and similar equipment.
4 (L) Financial institution, bank. An establishment for the custody, loan, exchange or issue of money, extension of credit, and facilitating the transmission of funds, for use by the general public. (M) Horticultural nursery. The retail handling of any article, substance or commodity related to the occupation of gardening, including the sale, both indoor and outdoor, of aboveground plants, shrubs, trees, packaged fertilizers, soils, chemicals, and other nursery goods and related products. (N) Hospital. A building or any portion thereof used or designed for the housing of sick, mentally ill, injured, convalescent or infirm persons; provided, that this definition shall not include rooms in any one-, two- or three-family dwelling, boarding house, hotel or motel not ordinarily intended to be occupied by said persons.
(O) Hotel. A building designed for occupancy for individuals who are lodged, for compensation, with or without meals, in which there are four or more guestrooms, and in which no provision is made for cooking in any individual room or suite. (P) Laboratory, research institute. Facilities for scientific research, investigation and materials testing or experimentation, but not facilities for the manufacture or sale of products. (Q) Licensed community care facility. Any facility, place, or building that is maintained and operated to provide nonmedical residential care, day treatment, adult daycare, or foster family agency services for children, adults, or children and adults, including, but not limited to, the physically handicapped, mentally impaired, incompetent persons, and abused or neglected children. Includes residential care facilities and other facilities, as further defined in Cal. Health and Safety Code 1500.
(R) Low barrier navigation centers. Housing First, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities, as further defined in Cal. Gov. Code 65660.
(S) Mixed use. A project that combines multiple uses in the same structure or on the same project site, including residential, office and commercial uses. (T) Motel. A building or group of attached or detached buildings containing individual guestrooms where a majority of such room opens individually and directly to the outside, and where a garage is attached or parking space is conveniently located to each unit, for the temporary use by automobile tourists or transients.
(U) Office, business, professional and medical. An office engaged in management, administrative, consulting or medical, dental or related services. This classification includes accounting, advertising, architectural, chiropractic, dental and doctors offices, medical laboratories, commercial technical schools, computer software development and data processing, construction, engineering, environmental analysis, insurance, law, real estate, secretarial, social work, and tree and landscaping services.
(V) Outdoor sales. Any retail business whose sales are conducted primarily outside of an enclosed building. The use may include general contractors yards and equipment sales. (W) Recreation. Recreation and amusement uses and facilities compatible with surrounding uses, other than those classified under public parks, and which are conducted indoors or outdoors.
Typical uses include bowling alleys, health clubs, ice and roller skating rinks, movie theaters, poolrooms, video arcades and dance halls, private golf courses and golf driving ranges, and swimming and tennis clubs.
(X) Recreational vehicle site/trailer court. Any facility on which two or more recreational vehicle sites are located, established or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for vacationers, campers, recreationalists and travelers.
5 Includes a trailer court which is designed to be used for the temporary accommodation or parking of auto trailers, trailer coaches or mobilehomes, for compensation or profit. (Y) Residence, manager/owner. Permanent or temporary housing on a nonresidential property that is secondary or accessory to the primary use of the property. Such housing is used for managers or owners living on the site where a caretaker is needed for security or to provide 24 hour care or monitoring of facilities, equipment or other conditions on the site. (Z) Rest home. Services oriented toward the healing, recovery, care or support of seven or more sick, injured or terminally ill people. Use shall include assisted living residential projects involving seven or more units.
(AA) Restaurant. A use providing preparation and primarily on site consumption of food and beverages, including cafés, coffee shops, delicatessens, ice cream parlors and similar uses, and may include the incidental service of alcoholic beverages for consumption on the premises.
Outdoor dining/seating is also included in this classification. (BB) Restaurant, drive-in. A restaurant which serves food and drinks from a pass-through opening to customers in their vehicles or delivery of food to a diner remaining in their vehicle. (CC) Retail sales. The retail sale or rental of merchandise. Typical of this classification is a business engaged in the sale of items. Uses include bookstores, rental libraries, stationery stores, newsstands, art and antique shops, variety and hardware stores, department and clothing stores, furniture dealers, pet shops, pawnshops and secondhand stores, groceries, supermarkets, dairies, bakeries and drugstores.
(DD) Service station/gas. Any building, structure, premises or other place used primarily for the retail sale and dispensation of motor fuels, lubricants and motor vehicle accessories, and the rendering of minor services and/or repairs to such vehicles, but not including painting or body and fender repair. May be combined with retail sales and similar operations. (EE) Smoke shop and/or smoking lounge.
1. A location, place or business, store, stand or booth that has been granted a conditional use permit by the city and devotes 30% or more of its display area to tobacco products, or to the display and sale of tobacco, electronic smoking devices or drug paraphernalia to purchasers for consumption or use. For the purposes of this use, the definition of TOBACCO PRODUCTS means any substance that contains tobacco or is derived from tobacco, and any and all electronic smoking devices. ELECTRONIC SMOKING DEVICE means an electronic and/or battery operated device that can be used to deliver an inhaled dose of vapors including nicotine and/or other substances.
2. For purposes of this use SMOKING LOUNGE means a business establishment that is dedicated, in whole or in part, to the smoking of tobacco or other substances, including, but not limited to, establishments known variously as cigar lounges, hookah cafés, tobacco clubs, tobacco bars and the like (collectively referred to as SMOKING LOUNGE(S)). (FF) Vehicle sales. The sales, storage and repair of automobiles, trucks, motorcycles, all-terrain vehicles, boats, recreational vehicles and similar motor vehicles. This use is intended to occur in an auto mall setting, which may include a series of individual dealerships. Use includes outside storage of vehicles, vehicle washing, and any interior vehicle repair operations. Auto body repairing and similar operations are not included in this use category.
SECTION 3. Table 2 “RESIDENTIAL USES” of Title 5: ZONING REGULATIONS, Chapter 3:
DISTRICT REGULATIONS, Section 15: LAND USE REGULATIONS (ZONING MATRIX) of the Livingston Municipal Code is revised to read as follows:
R-E R-1 R-27 R-37 C-17 DTC7 C-2 7 C-3 7 M-1 7 M-2 7 P-F P/OS
6 Residential uses:
Daycare, residential P P P
Dwelling: duplex C1 P
Dwelling: multiplefamily/apartment
P P3 P
Dwelling unit: accessory P P P P P
Dwelling unit: junior
accessory3
P P
Dwelling: single-family P P C
Home occupation P P P C
Housing, boarding C C C
Housing, agricultural
employee 4
P P P P P
Housing, transitional P P P P P P P P P P
Housing, supportive P P P P P P P P P P
Mobilehome P 2 P 2
Mobilehome park C C
Personal cannabis
cultivation6
P P P P P P P P P P P P
Public uses,
schools/parks/playground
s5
P P P P C C P P
Shipping container
accessory structure
C C C C C C C C C C C C
Single-room occupancy P P P P P
Notes:
1. General plan provisions for low density residential allow for innovative designs, which utilize clustering, duplexes or halfplexes on corner lots, zero lot line or planned development features, in the R-1 Zone
2. See § 5-5-3-1 of this title for mobilehomes on private lots
3. See § 5-5-6 of this title for accessory dwelling unit provisions
4. Agricultural employee housing that serves 6 or fewer persons shall be treated as a single-family unit and is permitted by right in all R-E, R-1, R-2, R-3 and DTC Districts
5. Joint use of school multipurpose facilities and open space is encouraged
6. See § 5-5-15 of this title for personal cannabis cultivation use provisions; this use is only allowed inside a private residence by individuals 21 years of age and older or at least 18 years of age and either a qualified patient or a primary caregiver according to regulations
7. Site plan/design review is required for all uses involving new construction, significant exterior alterations to existing structures or significant site plan alterations in the R-2, R-3, C-1, DTC, C-2, C-3, M1, and M-2 Zones, excluding multiple-family/apartment dwellings SECTION 4. Table 3 “COMMERCIAL USES” of Title 5: ZONING REGULATIONS, Chapter 3:
DISTRICT REGULATIONS, Section 15: LAND USE REGULATIONS (ZONING MATRIX) of the Livingston Municipal Code is revised to read as follows:
--
7 RER1R29R39C19DTC9 C29C39M19M29PFP/OS
Commercial uses:
Agricultural C
Amusement center C C
Automobile repair P P P P
Bar, cocktail lounge C C5 C C
Body art establishment C
Business service P P P P
Commercial cannabis
activity/uses:
Cannabis dispensary/retail
activity with or without
storefront11
Commercial cannabis
cultivation - indoor11
C C
Commercial cannabis
cultivation - mixed light
(enclosed)11
C C
Commercial cannabis
cultivation - outdoor11
Commercial cannabis
distribution11
C C
Commercial cannabis
manufacturing
(volatile/nonvolatile)11
C C
Commercial cannabis -
microbusiness (no retail; no
outdoor cultivation)11
C C
Commercial cannabis nursery -
indoor or mixed
light/greenhouse11
C C
Commercial cannabis testing11 C C C
Medical cannabis delivery only
(originating from outside the
City)11
C C C C C C C C C C C C
Nonmedical cannabis delivery
only11
Commercial services P P P P P P
Cultivation8 C C C C C C C C C C C C
Daycare center C C C C
Emergency shelter P P P P P P
8 Equipment sales, rental, repair P P P
Financial institution, bank P P P P
Horticultural nursery P P
Hospital C
Hotels, motels C C P
Laboratory, research institute P P P
Licensed community care
facility1
P6 P6 P P P
Low barrier navigation center P P
Mixed use2 C C
Office, professional/business
and medical
P P P C7
Outdoor sales P P P P
Public utility building/substation C C C C C C P
Recreation C C C C C C
Recreational vehicle site/trailer
court
C C
Residence/manager/owner3 C C C C C C
Rest home C C
Restaurant/cafe P P P P
Restaurant, drive-in C C
Retail and professional services P P P P P
Retail sales P P P P
Service stations, gasoline C C C
Shipping container accessory
structure
C C C C C C C C C C C C
Smoke shop/smoking lounge10 C C
Storage P P
Vehicle sales4 C C
Notes:
1. Mixed-use development is permitted in DTC and C-1 Zones, subject to securing a conditional use permit, and shall encourage projects that contain affordable housing units; development standards in these districts shall allow for a maximum density of 29 du/ac for residential units above ground floor commercial
2. Residential uses limited to a manager or the owner of the establishment shall be permitted on the premises; such uses shall require a use permit and the yard requirements, density and other matters relative to yard and area shall be subject to the Planning Commission’s approval and shall not be less than those normally required for residential uses
3. Vehicle sales shall refer to an established vehicle sales (“VEH”) Overlay District as per § 5-3-14 of this chapter
4. All retail establishments serving alcoholic beverages for consumption on premises within the Downtown Commercial District (“DTC”) shall be located no closer than 2 city blocks between similar
9 establishments; 2 city blocks for purposes of this title, shall consist of 1,000 feet measured in all directions from an existing retail establishment serving alcoholic beverages for consumption on the premises
5. May be permitted with a use permit as part of mixed-use operations
6. See § 5-5-12 of this title for cultivation use provisions; “cultivation” as a stand-alone use does not include cannabis cultivation, which is addressed in §§ 5-5-14 and 5-5-15 of this title
7. Site plan/design review is required for all uses involving new construction, significant exterior alterations to existing structures, or significant site plan alterations in the R-2, R-3, C-1, DTC, C-2, C-3, M-1, and M2 Zones, excluding multiple-family/apartment dwellings
8. See § 5-5-13 of this title for smoke shop and/or smoking lounge use provisions
9. See § 5-5-14 of this title for the regulations on commercial cannabis activity SECTION 5. Table 6 “DEVELOPMENT STANDARDS” of Title 5: ZONING REGULATIONS, Chapter 3: DISTRICT REGULATIONS, Section 16: LOT DEVELOPMENT STANDARDS of the Livingston Municipal Code is revised to read as follows:
Zone Maximum Site
Coverage (%)
Maximum
Structure Height
(In Feet)
Maximum
Accessory
Structure Height,
Detached (In
Feet)
Maximum Floor
Area Ratio (FAR)
R-E N/A 30 15 N/A
R-1 0.55 30 15 0.60
R-2 0.40 30 15 0.50
R-3 0.60 40 15 0.50
C-1 N/A 301 15 N/A
DTC N/A 501 20 N/A
C-2 N/A 351 201 0.50
C-3 N/A 351 201 0.50
M- N/A 451 351 0.50
M-2 N/A 551 451 0.50
PD See note 2 See note 2 See note 2 See note 2
Notes:
1. An additional 10 feet in height may be permitted with site plan/design review approval
2. As determined by PD Overlay permit
SECTION 6. “OFF-STREET PARKING REQUIREMENTS” of Title 5: ZONING REGULATIONS, Chapter 4: GENERAL SITE DEVELOPMENT REGULATIONS, Section 5: OFF-STREET PARKING AND LOADING of the Livingston Municipal Code is revised to read as follows:
Residential land uses
Boarding houses At least 1 garage, carport or off-street space for each 2 occupants of a boarding house
Home occupations At least 1 off-street parking space
Mobilehomes 1 parking spaces for each mobilehome unit
Multi-family dwellings At least 2 garage, carport or off-street parking spaces for each dwelling unit in multiplefamily projects consisting of 3 to 6 units
10 At least 1 garage, carport or off-street parking
space for each dwelling unit in multiplefamily projects consisting of 7 or more units; the Planning Commission may require the
provision of visitor parking in addition to the
required parking for multiple-family projects
of 7 or more units, based on a finding of need
due to factors such as available on street
parking, distance of units to the street, and the
type and size of the units; such visitor parking
shall be marked and will be provided at a
minimum of 1 space per each 10 units
Residential care facilities 1 parking space for each 1 employee Rest homes At least 1 parking space for each 3 beds in
any rest home
Second unit dwellings 1 off-street parking space for each bedroom in unit
Senior housing 1 parking space per unit
Single-family and two-family dwellings At least 2 garage, carport or off-street (driveway) parking spaces for each dwelling
unit on the same lot
Single room occupancy 1 parking space per unit
Supportive housing 1 parking space per unit unless located within one-half mile of a public transit
stop, pursuant to Cal. Gov. Code 65654
Public and quasi-public land uses
Cemeteries As per use permit
Churches At least 1 parking space for every 5 seats for all churches (18 in. of bench = 1 seat)
Communication facility 1 parking space for each 500 sq. ft. of gross floor area
Community center At least 1 parking space for each 100 sq. ft. of floor area of any community center or related
public use facility
Daycare center 1 parking space for each 1 employee, plus 1 space for each 4 clients
Government offices 1 parking space for each 300 sq. ft. of floor area
Libraries 1 parking space for each 300 sq. ft. of floor area
Lodges, for social halls, union halls and
private clubs
1 parking space for every 50 sq. ft. of gross
floor area
Parks For active recreational areas over 5 acres in
size, at least 5% of the total area shall be
provided for off-street parking facilities
11 Public buildings At least 1 parking space for every 3 employees in public buildings and public
utility buildings and substations
Schools At least 1 parking space for each employee in
schools; in addition, 1 parking space for each
3 seats in the main auditorium or assembly
hall in intermediate schools; and 1 parking
space for every 7 students in senior high
schools
Commercial recreational land uses
Amusement center 1 space for every 200 sq. ft. of floor area, plus 1 space for each employee
Bowling alleys 4 parking spaces for each lane
Golf courses At least 10 off-street parking spaces for each hole on a golf course
Overnight recreation vehicle parks 1 parking space for each rental unit Skating rinks 1 parking space for every 100 sq. ft. of
skating area
Swimming pools 1 parking space for each 100 sq. ft. of pool deck area
Tennis courts 2 parking spaces for each court
Commercial and industrial land uses
Beauty shops and barbershops 1 parking space for each 300 sq. ft. of floor area for all personal retail services
Commercial, light industrial use 2 parking spaces per use, plus 1 space per 750 sq. ft. of gross floor area
Drive-ins A minimum of 15 parking spaces
Drive-through facilities To be considered on an individual basis, based on number of employees and size of
facility; shall include provisions for drive-up
queue out of driveway circulation areas
Emergency shelters1 1 parking space per 5 beds; plus 1 space per manager
1 parking space per 4 beds for bicycle
parking
1 reserved passenger van parking space
Gas stations 1 parking space for each employee; areas
devoted to retail or food sales shall be
determined separately
Health/fitness facilities 1 parking space for each 300 sq. ft. of floor area
Hotel At least 1 off-street parking space for each
room of a hotel
Industrial uses 1 off-street parking space for each 1
employee, or 1 space for each 250 sq. ft. of
office area; plus, 1 space for each 1,000 sq. ft.
12 of building area devoted to other than office,
and 1 space for each company vehicle
Laboratory research 1 parking space for each 500 sq. ft. of gross floor area
Laundries and dry cleaning 1 parking space for each 300 sq. ft. of floor area
Medical and dental office 1 parking space for each 200 sq. ft. of gross floor area, plus 1 additional space for each
employee or staff member
Motel At least 1 off-street parking space for each
sleeping or dwelling unit of a motel
Motor vehicle, machinery and garage
repairs
1 parking space for each 400 sq. ft. of floor
area and 1 for each vehicle used in conduct of
the business; as for outdoor motor vehicle or
machinery sales lots, 3 parking spaces, plus 1
for each employee for each lot
Professional office for banks, law firms,
repair stores and the like (except for medical
and dental offices)
At least 1 parking space for every 300 sq. ft.
of a business or professional office, plus 1
additional space for each employee or staff
member
Recycling collection center 2 parking spaces per collection area Restaurants, cafés and bars 1 parking space for each 50 sq. ft. of dining, indoor/outdoor seating, waiting and lounge
areas
Retail commercial 1 parking space for each 300 sq. ft. of gross floor area for retail sales
Salvage yards 1 space for each 2 employees, plus 1 space for each 10,000 sq. ft. of lot area, or 2 spaces for
each 100 sq. ft. of floor area, whichever is the
greater
Service repair stations 4 parking spaces per station, plus 1 space per 300 sq. ft. of floor area
Theaters, auditoriums and sports arenas 1 parking space for every 5 seats (18 in. of bench = 1 seat)
Veterinary services/kennel 1 parking space for each 400 sq. ft. of gross floor area
Wholesale 1 parking space for every 1 employee or 1
parking space for every 2,000 sq. ft. of gross
floor area
Notes:
1. Parking requirements can be adjusted by the Community Development Director when within a half mile of a public transit stop
SECTION 7. Title 5: ZONING REGULATIONS, Chapter 5: SPECIFIC USE REGULATIONS, Section 1: DENSITY BONUSES of the Livingston Municipal Code is revised to read as follows:
13 (A) Purpose and Intent. It is the purpose of this section to provide incentives for the production of housing or for the donation of land for housing for very low income, or affordable households in accordance with Cal. Gov’t Code §§ 65915 and 65917. It is the intent of the city to facilitate the development of low and moderate income housing, including senior housing and special needs populations, and to implement the goals and policies of the city’s housing element. (B) Eligibility. In order to be eligible for a density bonus and other incentives as provided by this section, a proposed residential development shall consist of five or more dwelling units including mixed-use developments and can be designed and constructed so that at least:
1. Ten percent of the total units of a housing development are for low income households;
2. Five percent of the total units of a housing development are for very low income households;
3. The total number of dwelling units of a housing development are for qualifying residents, such as a senior citizen housing development or age-restricted mobilehome parks;
4. Ten percent of the total dwelling units in a condominium project for persons and families of moderate income. ;
5. Ten percent of the total units of a housing development are for transitional foster youth, disabled veterans, and homeless persons; or
6. 100 percent of the total units of a housing development are for lower income households. Up to 20 percent of the total units may be for moderate income. (C) Qualifying project. A qualifying project shall be allowed a minimum 20% increase, with a maximum 35% increase, in the maximum number of dwelling units allowed by the zoning district and general plan land use designation applicable to the lot(s) as of the date of the permit application. A single development project shall not be granted more than three density bonuses. (D) Land donation. A developer may donate land for very low income housing that is sufficient to provide at least 10%, and up to 35%, of the units in the development for very low income households. For a 10% land donation, a developer receives a 15% density bonus above the maximum allowable density for the entire development. The donated land shall be at least one acre in size or of sufficient size to permit development of at least 40 units, has the appropriate general plan designation, is appropriately zoned for development as affordable housing, and is or will be served by adequate public facilities and infrastructure. The land shall have appropriate zoning and development standards to make the development of the affordable units feasible. The land shall be within the boundary of the proposed development or within one-quarter mile of the boundary, if in agreement with the City.
(E) Agreement.
1. Pursuant to Cal. Gov’t Code § 65915(b), if a developer seeks and agrees to construct at least 10% of the total units for lower income households, at least 5% of the total units for very low income households, a senior citizen housing development, at least 10% of the total units in a condominium project for persons and families of moderate income, at least 10% of the total units for transitional foster youth, disabled veterans, and homeless persons or 100% of the total units for lower income households, the developer is entitled to one density bonus and at least one additional concession or incentive.
2. The developer shall receive two incentives or concessions for projects that include at least 17% of the total units for lower income households, at least 10% for very low income households, or at least 20% for persons and families of moderate income in a condominium or planned development.
14 3. The developer shall receive three incentives or concessions for projects that include at least 24% of the total units for lower income households, at least 15% for very low income households, or at least 30% for persons and families of moderate income in a condominium or planned development.
4. The developer shall receive four incentives or concessions for projects that include at least 16% of the total units for very low income households or at least 45% for persons and families of moderate income in a condominium.
5. The developer shall receive five incentives or concessions for projects that include at least 100% of the total units for lower income households.
6. The City Council shall approve one or more of these incentives, listed below, unless it makes a written finding that the additional concession or incentive is not required in order for the sales price or rent for the targeted dwelling units to be set in compliance with state law (Cal Gov’t Code § 65915(c)):
(a) A reduction in the site development and/or design standards of this title (e.g., reduction in setback or parking requirements, or an increase in building coverage requirements); (b) Approval of mixed use development in conjunction with the housing project if the nonresidential land uses will reduce the cost of the housing project, and the nonresidential land uses are compatible with the housing project and surrounding development; and (c) Other regulatory incentives or concessions proposed by the developer or the city that will result in identifiable cost reductions.
(F) Location of units. The location of density bonus units within the qualifying project may be at the discretion of the developer. However, the inclusionary units shall be reasonably dispersed throughout the development (where feasible), shall contain on average the same number of bedrooms as the non-inclusionary units in the development, and shall be compatible with the design or use of the remaining units in terms of appearance, materials and quality finish. (G) Project management plan. Prior to issuance of any building permit for the project, a project management plan, in the form of a written contract, shall be executed by and between the applicant/developer, housing agency and city. The contract shall be a recorded document approved by the City Council as to form and content, and shall set forth sales, resales and rental restrictions to ensure that designated units remain available as low and moderate income, senior housing or special needs units, as applicable, for the term of the project under Cal. Gov’t Code § 65915(c). (H) Provisions. The management plan shall provide for the housing agency to ensure the financial or circumstantial eligibility of applicants for purchase/rental of the low and moderate income or special needs and senior housing for the term of the project. If requested by the housing agency, the management plan shall provide for reimbursement by the applicant/developer the costs to the housing agency of administering the management plan. (I) Requests for approval.
1. All requests for density bonuses and other incentives outlined in this section shall be approved by the City Council. Findings shall be consistent with applicable provisions of current state law at the time of permit application.
2. Any application for the density bonus shall be in the form and method prescribed by the Community Development Director and accompanied by plot and development plans necessary to determine compliance with the purpose, intent and development standards prescribed herein. The development plans shall contain sufficient cost and market data based upon the land cost per dwelling unit to assure any density bonus concessions granted are necessary to attain the affordability targets mandated by Cal. Gov’t Code § 65915 and Senate Bill 1818.
15 SECTION 8. Title 5: ZONING REGULATIONS, Chapter 5: DISTRICT REGULATIONS, Section 4:
MULTI-FAMILY RESIDENTIAL DEVELOPMENT of the Livingston Municipal Code is revised to read as follows:
The following supplemental regulations shall apply to multi-family residential development. (A) Intent. The purpose of these regulations is to prescribe reasonable standards for multi-family residential development in addition to other applicable city ordinances. (B) Development standards.
1. Off-street parking. Parking spaces for each dwelling unit shall be provided consistent with the requirements of § 5-4-5 of this title.
2. Private open space. Each dwelling unit shall have at least one appurtenant private patio, deck, balcony, atrium or other outdoor private area contiguous to the unit in a single undivided area of not less than 120 square feet.
3. Shared open space. An outdoor common area of at least 100 square feet per dwelling unit shall be provided for outdoor active and passive group recreation. Such common areas shall not include driveways, parking areas or required front yards.
4. Private storage space. Each dwelling unit shall have at least 30 cubic feet of enclosed, weatherproofed and lockable storage space.
5. Boat and trailer storage. Boat, trailer and recreational vehicle storage shall be limited as described in § 5-5-3 of this chapter, unless such vehicles are prohibited by restrictive covenants.
6. Laundry facilities. Adequate laundry facilities shall be provided by:
(a) Constructing a laundry room with the equivalent of one standard washing machine for each five dwelling units and an equivalent in automatic clothes dryers; or (b) Providing properly designed and plumbed areas within each dwelling unit for washing and drying clothes.
7. Lighting and security. Night and security lighting and security measures shall be provided as necessary to ensure safe and convenient access and use of multi-family residential facilities.
8. Landscaping. All multi-family residential development shall include landscape plans which provide for substantial front yard landscape screening and, as appropriate, side and rear yard landscaping and as prescribed in § 5-4-4 of this title. Landscaping shall be consistent with the design of the development and enhance the visual quality of the streetscape, and assist in achieving design consistency with the character of the neighborhood.
9. Permitted density. Density limits for multi-family housing shall not exceed the density limitations as established by the general plan land use designation for the property. Density bonuses for low and moderate income or special needs housing shall also be as established by the housing element and applicable state housing law.
11. Height limits and setbacks. Yard setback and height limits shall be as established by the site’s zoning district and the design review process. Varying front yard setbacks within the same structure is encouraged, as is limiting second story views to adjacent property.
12. Trash enclosures. Trash enclosures shall be located conveniently for residents and out of vehicular circulation areas. Trash enclosures may not be located within five feet of side or rear property lines or the front yard setback of the site. Trash enclosures shall be of a design that is compatible with the development, is covered, and screened with landscape.
13. Gathering rooms. Where eight or more units are proposed, and in addition to the above requirements, special consideration shall be given to providing adequate gathering rooms or locations for facility residents, based on a requirement of at least 30 square feet per dwelling unit.
14. Street access. Multi-family residential developments with more than 25 units shall have direct access to a collector or arterial street.
(C) Development standards for the interface between multi-family residential and single-family residential.
16 1. Outdoor recreational areas, game courts, pools and solid waste collection areas on multi-family properties shall be oriented away from adjacent properties planned for single-family residential.
2. Multi-family parking areas, garages, other structures and access drives shall be separated from adjacent properties planned for single-family residential with a ten-foot landscaped setback containing deciduous and evergreen trees.
3. Multi-family buildings greater than 15 feet in height shall be prohibited within 25 feet of abutting property planned for single-family residential. An additional ten feet of setback shall be required for each additional story. Second story views to adjacent residential uses are prohibited.
SECTION 9. Title 5: ZONING REGULATIONS, Chapter 5: SPECIFC USE REGULATIONS of the Livingston Municipal Code is revised to read as follows:
§ 5-5-16 EMERGENCY AND LOW BARRIER SHELTERS.
(A) Purpose. The purpose of these regulations is to allow operation of emergency shelters and low barrier navigation centers in the City to help people in need of housing that are temporarily homeless.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COORDINATED ENTRY SYSTEM. A centralized or coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8) of Title 24 of the Code of Federal Regulation, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.
HOMELESS MANAGEMENT INFORMATION SYSTEM. Information system designated by the Continuum of Care to comply with the HMIS requirements prescribed by HUD.
LOW BARRIER. Best practices to reduce barriers to entry, and may include, but is not limited to, the following:
1. The presence of partners if it is not a population-specific site, such as for survivors of domestic violence or sexual assault, women, or youth;
2. Pets;
3. The storage of possessions; or
4. Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.
(C) Emergency Shelters
1. Development Standards
(a) Occupancy. Each emergency shelter may have a maximum of 10 beds within the R1 zoning district and a maximum of 20 beds in all other zoning districts permitting emergency shelters.
(b) Common Facilities. The facility may provide the following services in designated areas separate from sleeping areas:
1. A counseling center for job placement, education, health care, legal, or mental health services.
2. Laundry facilities to serve the clients at the shelter.
3. Central cooking and dining area(s).
4. Client storage area (for the overnight storage of bicycles and personal items).
5. Play/recreational areas for family shelters.
17 (c) Client Intake Area. The shelter must provide an interior waiting and intake area consisting of at least two hundred square feet.
(d) Parking. Off-street parking shall be provided consistent with Section 5-4-5. (e) Lighting. Adequate external lighting shall be provided on-site in order to maintain a safe and secure environment.
(f) Onsite Security. On-site security shall be provided during hours when the emergency shelter is in operation.
(g) Outdoor Space. Outdoor gathering areas shall be screened from the public right-ofway and adjacent properties. (h) Floor plan. Emergency shelters that accommodate families are prohibited from using open floor plans and must provide private rooms.
(i) License and Permit Requirements. An emergency shelter shall obtain and maintain in good standing all required licenses, permits, and approvals from the city, county and state agencies or departments and demonstrate compliance with applicable building and fire codes. An emergency shelter shall comply with all county and state health and safety requirements for food, medical and other supportive services provided on-site. Emergency shelters that accommodate pets are subject to a conditional use permit and performance standards.
(j) Management Plan. The emergency shelter operator/provider shall submit a written management plan, to the satisfaction of the City, with the application for approval. The intent of the management plan is to establish operating procedures that promote compatibility with the surrounding area and businesses. The operator shall agree to maintain the standards in the management plan. The Management Plan shall address:
1. Hours of operation
2. On-site management and security procedures
3. Neighborhood relations and communication
4. Cooking and dining facilities (for residents only)
5. Shower and laundry facilities (for residents only)
6. Smoking areas and policies
7. Outdoor gathering areas and policies
(D) Low Barrier Navigation Centers
1. Permitted Location. A low barrier navigation center development is a use by right in areas zoned for mixed-use and nonresidential zones permitting multifamily uses.
2. Development Standards
(a) Service Plan. It offers services to connect people to permanent housing through a services plan that identifies services staffing.
(b) Coordinated Entry System. It is linked to a coordinated entry system, so that staff in the interim facility or staff who co-locate in the facility may conduct assessments and provide services to connect people to permanent housing. (c) Homeless Management Information System. It has a system for entering information regarding client stays, client demographics, client income, and exit destination through the local homeless management information system. (d) Code Compliance. It complies with Chapter 6.5 (commencing with Section 8255) of Division 8 of the Welfare and Institutions Code.
3. Application Procedures
18 (a) Required Permit. A permit is required prior to the establishment of any low barrier navigation center project. Applicants for said permit shall file an application with the community development department, which shall process the application on a ministerial basis, without discretionary review or a hearing.
(b) Application Completeness. The community development department shall notify a developer whether the developer's application is complete within thirty days, pursuant to California Government Code Section 65943.
(c) Application Review. The community development department will act on the application within sixty days of its being complete.
(d) Notification. At least ten (10) days prior to any Community Development Director action to approve an application, notice of the intent to approve the application shall be mailed to all the property owners within three hundred (300) feet of the exterior boundaries of the subject property using names and addresses appearing on the latest adopted tax roll of the county.
SECTION 10. Title 5: ZONING REGULATIONS, Chapter 5: SPECIFC USE REGULATIONS of the Livingston Municipal Code is revised to read as follows:
§ 5-5-17 SINGLE ROOM OCCUPANCY.
(A) Purpose and Definition. The provisions of this Section are intended to provide opportunities for the development of permanent, affordable housing for small households and for people with special needs in proximity to transit and services, and to establish standards for these small units.
(B) Permitted Locations. Single room occupancy units are permitted in residential zones permitting multi-family developments and commercial zones permitting hotel and motels. (C) Development Standards.
1. Common Area. Ten square feet per living unit shall be provided, with at least 200 square feet in area of interior common space, excluding janitorial storage, laundry facilities, and common hallways.
2. Laundry Facilities. Laundry facilities must be provided in a separate room at the ratio of one washer and one dryer for every 20 units or fractional number thereof, with at least one washer and dryer per floor.
3. Bathrooms. An SRO unit is not required to but may contain partial or full bathroom facilities. A partial bathroom facility shall have at least a toilet and sink; a full facility shall have a toilet, sink and bathtub, shower or bathtub/shower combination. If a full bathroom facility is not provided, common bathroom facilities shall be provided in accordance with the California Building Code for congregate residences with at least one full bathroom per floor.
4. Unit Size. An SRO unit shall have a minimum size of 150 square feet and a maximum of 400 square feet.
5. Occupancy. An SRO unit shall accommodate a maximum of two persons.
6. Kitchen. An SRO unit is not required to but may contain partial or full kitchen facilities. A full kitchen includes a sink, a refrigerator and a stove, range top or oven. A partial kitchen is missing at least one of these appliances. If a full kitchen is not provided, common kitchen facilities shall be provided with at least one full kitchen per floor.
7. Closet. Each SRO unit shall have a separate closet space of not less than 50 square feet.
19 (D) Accessibility. All SRO units shall comply with all applicable accessibility and adaptability requirements. All common areas shall be fully accessible. (E) Management Plan. A management plan shall be submitted with the development application for an SRO Facility and shall be approved by the City. The management plan must address management and operation of the facility, rental procedures, safety and security of residents and building maintenance.
(F) Parking. Off-street parking shall be provided consistent with Section 5-4-5.
SECTION 11. Title 5: ZONING REGULATIONS, Chapter 6: ADMINISTRATION, Section 1: POWERS AND DUTIES of the Livingston Municipal Code is revised to read as follows:
(A) Duties of City Council. The City Council shall perform the following specific duties:
1. To render decisions on amendments to this title and rezonings; and
2. To act on appeals of denial of variances, denial and/or revocation of use permits or conditional use permits by the Planning Commission.
(B) Duties of Planning Commission. The City Planning Commission shall perform the following specific duties:
1. To interpret, administer and enforce the provisions of this title in such a way as to carry out the intent and purpose of the general plan as interpreted on the official zoning map; and
2. To act on variances from the provisions of this title regarding the development of land, construction, enlargement or alteration of any building or structure; to act on site plan/design review applications, to act on use permits, to revoke use permits as necessary; to provide interpretations of the zoning ordinance, to act on parcel maps; to provide recommendations to the City Council on rezonings, tentative maps, development agreements and general plan amendments.
(C) Duties of the Community Development Director. The Community Development Director shall perform the following specific duties:
1. Implement actions of the City Council and Planning Commission;
2. Process discretionary development applications and review and issue temporary use permits;
3. Approve minor (i.e., nonsubstantive) changes to Planning Commission and City Council approved plans and permits.
(D) Revocation of permits and variances.
1. Unless otherwise specifically provided in this zoning title, the Planning Commission may revoke or modify any conditional use permit, occupancy permit or variance on one or more of the following grounds:
(a) The approval was obtained by fraud;
(b) The use for which the approval was granted is not being exercised; (c) The use for which the approval was granted has ceased or has been suspended for one year or more;
(d) The granted permit or variance is being, or has been, exercised contrary to the terms and conditions of such approval or in violation of any statute, ordinance, law or regulation; (e) The use for which the approval was granted was so exercised as to be detrimental to the public health or safety or as to constitute a nuisance; or (f) The continued exercise of the use for which the approval was granted appears to be detrimental or contrary to the public welfare.
20 2. The Planning Commission shall hold a public hearing on any proposed revocation or modification after giving written notice to the permittee or property owner at least ten days prior to the hearing. If the Planning Commission is satisfied that one or more of the grounds specified in subsection (D)1. of this section exists, the Commission shall revoke the permit or variance or take such other action as may be necessary to remedy said subsection (D)1. violation and to ensure compliance with the applicable statutes, ordinances, laws, regulations and terms and conditions.
3. If the permittee or property owner or any other person is dissatisfied with the action of the Planning Commission, he or she may appeal in writing to the City Council within ten days of the date the Planning Commission renders a decision on the proposed revocation or modification. The City Council shall set a date for public hearing of the appeal and shall give notice to the appellant and the affected permittee or property owner and to the Planning Commission of such appeal; whereupon the Planning Commission shall submit a report to the City Council setting forth the reasons for the action taken by the Commission. The City Council shall render its decision within 30 days of the public hearing.
SECTION 12. Title 5: ZONING REGULATIONS, Chapter 6: ADMINISTRATION, Section 7: SITE PLAN AND DESIGN REVIEW of the Livingston Municipal Code is revised to read as follows:
(A) Intent. The purpose of site plan and design review is to permit the city to evaluate site plans and designs of new and existing structures to assure compatibility, harmony in appearance in neighborhoods, reduction of negative impacts of nonaesthetic development and orderly development of the community. Approval of site plan may be conditioned upon the construction of curbs, gutters and/or sidewalks on the subject property. (B) Application for site plan and design review.
1. Site plan and design review shall apply to all DTC, C-1, C-2, C-3, M-1, and M-2 Districts, as well as all new development in R-2 and R-3 Districts, excluding multiple-family residential developments.
2. Applications for new developments shall be made on a form prescribed by the city, together with copies of such site plans and sets of architectural drawings. Site plans shall be drawn to a scale that shall indicate the full dimensions, topographic features and information necessary for the Commission to make an evaluation of the request. Architectural drawings shall be of such scale and contain such information as to permit the Commission to make a full evaluation of the outside appearance, color, texture of materials and appurtenances necessary for the development of the structure.
3. Scale drawings of all signs, which will be included within the subject property, shall also be submitted concurrently with the site plan and architectural plans of any proposed project. (C) Project description. Site plans shall identify:
1. All potentially reflective exterior building materials, location of the materials in relation to the position of the sun, and to the location of motorists and other persons within sight of the project;
2. The type of activities to be performed, what hours they will be performed, where on the property they will be performed, and what types of shielding/screening will be employed;
3. Each exterior light source according to type, location, wattage, height, direction of lighting patterns, type of shielding, when in use, and whether the light is steady or pulsating. An outline of directly illuminated areas, including points of overlap between lighting patterns, all streets within the lighting system, and all adjacent property lines must be submitted for a lighting plan; and
21 4. Conditions requiring additional review to determine whether mitigation measures are necessary:
(a) Any light source that directly illuminates adjacent properties; (b) Additional indirect illumination of adjacent properties in excess of one and one-half foot-candles;
(c) For pedestrian lighting systems, a point of overlap between light patterns greater than seven feet; and
(d) Intensity of lighting within the physical limits of an area required to be lighted that is greater than seven foot-candles.
(D) Design requirements.
1. The proposed development shall comply with all applicable design standards set out in this title or other city ordinance.
2. The provision for benches, telephones and shaded areas at major transit destinations shall be determined based upon necessity with city approval during a site plan review procedure.
3. The height and scale of new commercial and industrial development should be compatible with that of surrounding buildings where an established pattern or character is apparent. New development shall provide a transition from the height of adjacent structures to the maximum height of new development.
4. All roof equipment shall be screened from a horizontal line of sight. Ground or interior mounted mechanical equipment with appropriate screening is encouraged as an alternative to roof mounting.
5. Entries shall be protected from the elements and shall create a focus or sense of entry for the building. Use of wall recesses, roof overhangs, canopies, arches, signs and similar architectural features shall be integral elements of the building’s design.
6. Buildings, landscaping, parking and other development features shall be arranged in a manner that is compatible with the size, scale and appearance of nearby development.
7. Site planning shall emphasize a strong relationship to the adjoining street(s) and encourage pedestrian circulation and access. Pedestrian access shall be separate from vehicular access, where feasible.
8. Site plans shall provide safe and well defined pedestrian connections from buildings to parking areas, from buildings to the adjoining street(s), and among buildings on the same site.
Pedestrian connections between commercial development and surrounding residential neighborhoods should also be provided.
9. Buildings, sidewalks and parking lots shall be located to minimize conflicts between pedestrian and vehicular circulation on a site.
10. On site circulation shall be designed to provide safe and efficient access for delivery vehicles, visitors and employees, and pedestrians.
11. Loading and trash facilities shall be located where they may be adequately screened from view, generally at the rear of the structures, away from the street.
12. Long expanses of fence shall be offset and architecturally designed to prevent monotony.
Landscaped pockets and limited openings are encouraged.
13. Where industrial development abuts nonindustrial uses, appropriate buffering techniques shall be employed such as setbacks or screening landscaping.
14. Site design for new industrial development shall consider the following:
(a) Controlled site access;
(b) Service, storage and loading areas located at the rear or side of buildings;
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22 (c) Screened storage and outdoor work areas and equipment; (d) Landscaping, signage and other features that emphasize the main entrance; and (e) Landscaping provided for all areas not developed for parking, storage or buildings. (E) Undesirable design elements to be avoided.
1. Large, blank, flat wall surfaces;
2. Exposed, untreated precision block walls;
3. Chainlink fence and barbed wire;
4. False fronts;
5. “Stuck on” mansard roofs;
6. Materials requiring high maintenance (such as stained wood, shingles or light gauge metal siding);
7. Mirror window glazing;
8. Loading doors facing the street; and
9. Exposed roof drains.
(F) Design review process. The Planning Commission shall be the approving body of the design review process. Upon submission of drawings and applications for review, the Planning Commission and City Council shall meet and render a written report recommending approval, approval with conditions, or denial. The City Council shall make final approval. (G) 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. (H) Occupancy permits. Before a building may be occupied, the building official shall certify that the site or structure has been developed in conformity with the plans and conditions approved herein.
SECTION 13. Title 5: ZONING REGULATIONS, Chapter 6: ADMINISTRATION, Section 9: USE PERMIT, TEMPORARY AND CONDITIONAL of the Livingston Municipal Code is revised to read as follows:
(A) Purpose and intent. Use permits are used primarily to review the location, site development or conduct of certain land uses that generally have a distinct impact on the area in which they are located, and/or are capable of creating special problems for bordering properties unless given special attention. Conditional use permits may be granted by the Planning Commission, and temporary use permits by the Community Development Director under the conditions of this section.
(B) Temporary use permits. Temporary use permits provide for the short term use of property and structures that are consistent with the purpose and objectives of this title. The Community Development Director or his or her designee may process temporary use permits as an administrative review. Following a decision by the Director, an administrative agreement shall be prepared that outlines the findings and conditions of the temporary use permit. The Director shall approve, or approve with conditions, an application for a temporary use permit after finding all of the following:
1. That egress and ingress and off-street parking facilities are properly designed and adequate to serve the use;
2. That the site is adequate in size and location and has the proper accessibility to accommodate the use;
3. That there are adequate public services, including fire protection, water supply, wastewater disposal and police protection to serve the use;
23 4. That upon termination of the use the site shall be restored to its original condition. All materials and equipment associated with the temporary use shall be removed;
5. Those reasonable time limits shall be established for the use, not to exceed 30 days;
6. That the applicants for a temporary use permit shall have all applicable licenses and permits, including fire permits; and
7. That the signage for use be approved by the Planning Department. (C) Application for temporary use permits. An application for a temporary use permit shall be made to the Planning Department on a form prescribed by the Department. The application shall be accompanied by a fee set by resolution of the City Council. (D) Temporary use permits; appeal of decision of Community Development Director. A decision involving a temporary use permit may be appealed to the Planning Commission. An appeal shall be completed by filing a letter with the City Clerk within ten days of the Community Development Director’s determination.
(E) Definition of temporary uses and activities. See § 5-2-6 of this title. (F) Conditional use permits.
1. Use permits that are revocable, conditional or valid for a term may be issued for any of the uses or purposes for which such permits are required or permitted by the terms of this section.
Because of their unusual characteristics, conditional uses require special consideration so that they may be located and developed properly with respect to the intent and purpose of this title and to their effect on surrounding properties. Conditional use permits require a determination of findings and conditions by the Planning Commission.
2. The Planning Commission may designate such conditions in connection with conditional and revocable use permits as it deems necessary to carry out the purpose of this title, and may require tangible guarantees or evidence that such renditions are being or will be complied with.
These conditions may include, but not be limited to:
(a) Dedication of right-of-way, setback, curbs, gutters and sidewalks; (b) Improvement of vehicle access to the subject property to city standards; (c) Regulation of height, number of stories;
(d) Regulation of the placement of the use or building of the subject property; (e) Regulation of the nature, hours of operation, extent of use; (f) Regulation of lighted community sports facilities for extended hours of use; (g) Regulation as to transferability of the use; and
(h) Regulation of landscaping for the protection of adjoining and nearby properties. (G) Recycling locations. Use of parking lots for the establishment of recycling locations as mandated by the California Beverage Container Recycling Litter Reduction Act, being Cal. Public Resources Code, Division 12.1, California Beverage Container Recycling and Little Reduction Act, §§ 14500 et seq., shall not require a conditional use permit. (H) Application for conditional use permits. Application for conditional use permits shall be made to the Planning Department in writing on a form prescribed by the city and shall be accompanied by an established fee or deposit and copies of plans and elevations showing in detail the proposed use or building. At least one public hearing shall be held on an application to the Planning Commission, notice of which shall be given by one publication in an official newspaper of general circulation in the county at least ten days prior to such hearing and by posting notice on the property involved at least ten days prior to such hearing. (I) Criteria. In considering an application for conditional use permits, the following criteria shall be as follows.
24 1. A conditional use permit shall not be granted for the use unreasonably incompatible with permitted uses in the area considering damage and nuisance from light sources, noise, smoke, odor, dust or vibration, hazard resulting from unusual volume or character of traffic, or congestion of a large number of persons or vehicles.
2. A conditional use permit must be considered in relationship to its effect on the general plan for the area in which it is to be located. The conditional use applied for must be in conformance with the general plan land use map and policies.
3. Findings required for approval shall include:
(a) The proposed use is allowed with a conditional use permit within the applicable zoning district, specific plan, or planned development and complies with all applicable provisions of this title;
(b) The site for the proposed use is adequate in size and shape to accommodate said use and all yards, spaces, walls and fences, parking, loading, landscaping and other features required by the applicable zoning district;
(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; (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
(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.
25 (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.
26 (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.
27 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.
28 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.
29 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 Professional Code, §§ 26000 et seq., (“MAUCRSA”) or a state cannabis license type subsequently established.
30 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.
31 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. Health 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.
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. Health 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.
32 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.
33 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.
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.
34 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 Professional 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.
35 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.
36 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 citizens 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. Health 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.
37 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 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.
38 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: March 3, 2026
Passed and Adopted: March 17, 2026
JOSE MORAN, Mayor
of the City of Livingston
39 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 on this 17th day of March 2026 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: Adopt a Resolution Authorizing City Manager or Designee to submit an Application to CDBG under the 2025 Notice of Funding Availability (“NOFA”) for a Water Surface Feasibility Study
MEETING DATE: March 17, 2026
PREPARED BY: Jose Antonio Ramirez, City Manager
REVIEWED BY: Jose Antonio Ramirez, City Manager
RECOMMENDATION:
Staff recommends that the City Council receive staff report, open public hearing, take public comments, close public hearing, and direct staff to submit an application to CDBG under the 2025 NOFA for a Water Surface Feasibility Study.
DISCUSSION:
The State Department of Housing and Community Development (HCD) published a Notice of Funding Availability (NOFA) for the 2025 Non-Entitlement CDBG funds on September 30, 2025. HCD released an amendment in December that delayed the application opening until April 2026. For the current NOFA, jurisdictions are eligible to apply for a combination of 3 activities for a maximum amount of $3.6 million. A description of eligible activities is further described below.
In order to be considered eligible, an activity must meet one or more of the three National Objectives listed in CDBG Federal Statutes:
• Benefit to low- and moderate-income persons;
• Prevention or elimination of slums and blight; or
• Meeting an urgent community need which pose an immediate threat to the health and welfare of the community (State designates when the “urgent need” objective is allowed for a NOFA).
The benefit to low- and moderate-income persons is the most predominately used National Objective. In order to benefit low- or moderate-income persons, the project must either benefit an area that is comprised of at least 51% low- or moderate-income households, or benefits individually qualified households (i.e., each household is income certified). Sixty-four percent of the City’s households qualify as low- or moderate income households, based on the most recent Census data published in the current NOFA.
Eligible activities in the NOFA consist of the follow: public improvements, public facilities, homeownership assistance, housing rehabilitation, business assistance and microenterprise activities, planning studies and public service programs. Each jurisdiction may submit up to three (3) applications during this NOFA cycle with the following combinations permitted:
i. 1 Project + 1 Program + 1 Public service or Planning -ORii. 1 Project + 2 Public Service or Planning -ORPage 122 of 137
iii. 1 Program + 2 Public Services or Planning.
• Public Service (maximum grant of $300,000), for one service. Examples include childcare, health care, recreation programs, fair housing counseling, drug and alcohol abuse counseling and testing, homeless services, food bank, senior services, and nutrition services benefiting low- and moderate-income persons.
• Planning and Technical Assistance (maximum grant of $300,000 for one study/plan). The product must show a connection to assisting with an eligible CDBG activity that, if implemented, meets a National Objective. Completed planning documents are submitted to the State at the time of completion. The grants may require match; in the past a $5,000 cash match to be expended prior to expenditure of CDBG funds – the NOFA will outline this final amount. Examples include studies, analysis, data gathering, preparation of plans, and identification of action that will implement plans, NEPA and environmental plans.
• Housing Programs (maximum grant of $1,500,000):
Homeownership Assistance Program: assistance with down-payment or closing costs.
Housing Rehabilitation Program for Single Family Homes: include repairs and improvements of owner-occupied units.
• Business Assistance or Microenterprise Assistance (maximum grant of $1,500,000 for either Business Assistance or Microenterprise Assistance). Examples of Business Assistance include financing of working capital, furniture, equipment, and property repairs/improvements. Examples of Microenterprise include business training, financing of working capital, furniture, equipment, and property repairs/improvements.
• Public Infrastructure (1 project, maximum grant of $3,300,000). Provides funding for all construction, project implementation, design, federal compliance and overlay requirements, environmental and other soft costs related to the project. Projects may include water, sewer, storm drain, sidewalks, roadways, wells, water storage tanks and other public infrastructure systems.
• Public Facility (1 project, maximum grant of $3,300,000). Provides funding for project equipment, construction of community/senior centers, homeless facilities, park and recreation facilities, fire stations, fire equipment, health facilities, and other public facilities that meet the national objective of the program.
Other grant requirements include:
• Activities should address serious health & safety needs • Activities should primarily benefit lower income households (defined as at or below 80% of the median income)
• Applicants must demonstrate capacity to complete the project within the grant term (36 months)
• Projects must be ready to bid ready at the time of application (i.e. engineering and design complete)
• Single audit must be completed and submitted, and in good standing • Housing Element must be up to date with HCD
• Sam.Gov registration must be active
Based on staff’s internal discussion and initial outreach, at this time the City does not have a project that meets the requirements listed above that would be eligible to pass threshold – mainly a lack of projects that are already fully designed and “shovel ready”; thus it is recommended the City Council consider submittal of an application for up to $300,000 for a Surface Water Feasibility Study.
If awarded, the proposed Surface Water Planning study would further evaluate the feasibility of using surface water to augment groundwater supplies. In addition, the City is working with nearby water suppliers like the City of Atwater and the Delhi Community Services District who are also interested in using surface water. The plan would be to use surface water more predominantly during wet years when there are excess surface water supplies. Groundwater would then be used more predominantly during dry years. The reduced pumping during wet years will reduce over drafting and allow the aquifer to recover. The proposed study is estimated to cost $300,000.
ALTERNATIVES
1. Approve staff's recommendations and direct staff to proceed with preparation of the application;
2. Direct staff to proceed with the application process with a different proposed scope;
3. Direct staff not to submit a CDBG grant application; or
4. Provide other direction to staff.
FISCAL IMPACT:
The City’s grant consultant for CDBG, Adams Ashby Group, will be preparing the application at a cost of $4,500. If the application is awarded, all funds are 100% grant funded. The cost will be coming from Contract Services – 2100-810-4310 from the Water Enterprise Fund from the approved budget.
ATTACHMENTS:
1. Resolution
RESOLUTION NO. 2026-
A RESOLUTION APPROVING AN APPLICATION FOR FUNDING AND THE
EXECUTION OF A GRANT AGREEMENT AND ANY AMENDMENTS THERETO FROM THE 2025 FUNDING YEAR OF THE STATE CDBG PROGRAM
BE IT RESOLVED by the City Council of the City of Livingston as follows:
SECTION 1:
The City Council has reviewed and hereby approves the submission to the State of California of one or more application(s) in the aggregate amount, not to exceed, of $300,000 for the following CDBG activities, pursuant to the and 2025 CDBG NOFA:
List activities and amounts
Activity (e.g. Public Services, Infrastructure,
etc.)
Dollar Amount Being Requested for the
Activity
Planning – Surface Water Feasibility Study $ 280,400
General Administration $ 19,600
$
$
$
SECTION 2:
The City Council hereby approves the use of Program Income in an amount not to exceed $0.00 for the CDBG activities described in Section 1.
SECTION 3:
The City Council acknowledges compliance with all state and federal public participation requirements in the development of its application(s).
SECTION 4:
The City Council hereby authorizes and directs the City Manager or designee*, to execute and deliver all applications and act on the City’s behalf in all matters pertaining to all such applications.
SECTION 5:
The City’s grant consultant for CDBG, Adams Ashby Group, will be preparing the application at cost of $4,500. If the application is awarded, all funds are 100% grant funded. The cost will be coming from Contract Services – 2100-810-4310 from the Water Enterprise Fund from the approved budget.
SECTION 6:
If an application is approved, the Mayor or designee*, is authorized to enter into, execute and deliver the grant agreement (i.e., Standard Agreement), any recordable or nonrecordable contract documents, and any and all subsequent amendments thereto with the State of California for the purposes of the grant.
SECTION 7:
If an application is approved, the City Manager or designee*, is authorized to sign and submit Funds Requests and all required reporting forms and other documentation as may be required by the State of California from time to time in connection with the grant.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Livingston held on 3/17/2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
By:
Jose A. Moran, Mayor
Of City of Livingston
STATE OF CALIFORNIA
City of Livingston
I, Monica Cisneros, Deputy City Clerk the City of Livingston, State of California, hereby certify the above and foregoing to be a full, true and correct copy of a resolution adopted by said City Council on this 17th day of March, 2026 and that said resolution has not been amended, modified, repealed, or rescinded since its date of adoption and is in full force and effect as of the date hereof.
________________________________
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
City of Livingston Miguel A. Galvez
Contract City Planner
(209) 394-8041 Ext. 123
[email protected]
1416 C Street
Livingston, CA 95334
Phone: (209) 394-8041 Fax: (209) 394-4190
www.livingstoncity.com
MEMORANDUM
March 12, 2026
TO: Jose A. Ramirez, City Manager
FROM: Miguel Galvez, Contract City Planner/Planning Commission Secretary .f-h') vJ--' Livingston Planning Commission Recommendations on the 2025 Community Development Block Grant (CDBG) Notice of Funding Availability (NOFA) SUBJECT:
On March 10, 2026, the Planning Commission conducted a Public Hearing to consider community input on the 2025 Community Development Block Grant (CDBG) Program - 2025 Notice of Funding Availability (NOFA) Application. After conducting the public hearing, where no one from the public spoke, the Livingston Planning Commission deliberated and on a vote of 3-0, recommended the following CDBG activities and funding levels.
1. Apply for CDBG funding as listed under Combination 1 of the NOFA.
A. One Project Activity (up to $3,000,000).
B. One Program Activity ($300,000).
C. One Public Service or Planning Activity ($300,000).
2. Specific Activities by funding allocation:
A. Project Activities. In priority order: Water, sewer, storm drainage, and park projects that align with community goals and priorities identified in the January 29, 2026, City of Livingston Community Workshop.
B. Program Activities in priority order:
L Housing assistance (ownership), rehabilitation, counseling programs. ii. Economic Development activities to assist microenterprise assistance.
C. Public or Planning Activities in priority order:
1. Planning Activities: Primary - water, sewer, and storm drainage master planning. Secondary - feasibility studies for future improvements. ii. Public Services: Primary - Crime prevention and public safety services and Secondary, recreational services.
1 STAFF REPORT
AGENDA ITEM: CITY COUNCIL OF THE CITY OF LIVINGSTON TO APPOINT FOUR
APPLICANTS TO THE PARKS, RECREATION, AND ARTS
COMMISSION
MEETING DATE: March 17, 2026
PREPARED BY: Jacquelyn Benoit, Recreation Superintendent REVIEWED BY: Jose Ramirez, City Manager
RECOMMENDATION COUNCIL ACTION:
Staff recommends, after reviewing all applications and considering their volunteerism, skills, and knowledge, the City Council appoint Linda Placencia, Anel Gaeta, Julia Diaz, and Juan Perez to the Parks, Recreation, and Arts Commission (“Commission”) as regular commissioners.
BACKGROUND/DISCUSSION:
Chapter 4 of Title 2 of the Livingston Municipal Code establishes the Parks, Recreation, and Arts Commission. The Commission shall consist of seven members over the age of 18 and must be appointed by a majority vote of the City Council.
In recent months, four Commissioners either resigned or did not renew their terms.
Commissioner Scott Woods and Commissioner Darmeen Randhawa resigned. Commissioner Chris Fernandez’ and Commissioner Linda Placencia’s terms expired on January 30, 2026. In addition to the four vacancies, there are two additional vacancies for alternate positions.
Currently, there are six vacancies on the Commission.
The four applicants, Linda Placencia, Anel Gaeta, Julia Diaz, and Juan Perez, are seeking the four available regular commissioner positions. Commissioner Placencia is seeking an additional term on the Commission. Of the four vacancies for regular commissioners, three have terms expiring on January 31, 2030. The term of the remaining vacant position for regular commissioners expires on January 31, 2028, as this is Commissioner Randhawa’s pending term. The terms for the two vacancies for the alternate commissioners expire on January 31, 2030.
The City published the application on the City website and promoted the available positions through social media and the digital sign on Main Street. A total of 4 applications were submitted. One applicant, Linda Placencia, moved out of the City. However, pursuant to the Municipal Code section 2-2-4(A), we may have one commissioner outside the sphere of influence so long as they reside within the boundaries of Livingston Union School District.
With the number of interested applicants, we will have all vacancies filled with the exception of 2 alternates.
2 FISCAL IMPACT:
None
ATTACHMENTS:
1. Resolution to Appoint Linda Placencia to the Parks, Recreation, and Arts Commission
2. Resolution to Appoint Anel Gaeta to the Parks, Recreation, and Arts Commission.
3. Resolution to Appoint Julia Diaz to the Parks, Recreation, and Arts Commission.
4. Resolution to Appoint Juan Perez to the Parks, Recreation, and Arts Commission.
5. Commission Applications of Linda Placencia, Anel Gaeta, Julia Diaz, and Juan Perez
RESOLUTION 2026-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPOINTS ________________________ TO THE CITY OF LIVINGSTON PARKS, RECREATION,
AND ARTS COMMISSION AS A REGULAR MEMBER FOR THE TERM OF MARCH 17, 2026, THROUGH JANAURY 31, 2030
WHEREAS, the City of Livingston Parks, Recreation, and Art Commission (“Commission”) is governed by Title 2 Chapter 4 of the Livingston Municipal Code; and WHEREAS, the Commission is comprised of 7 Commissioners and 2 Alternates all of which are appointed by majority vote of the City Council; and WHEREAS, terms of office for members of the Commission are for a period of four (4) years, or until their successors are appointed; and
WHEREAS, Commissioner Scott Woods resigned from the Commission, causing a vacancy on the Commission. The term is due to expire on January 31, 2030.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LIVINGSTON DOES HEREBY:
1. Appoint _____________________ to serve on the City of Livingston Parks, Recreation, and Arts Commission as a Regular Member Commissioner for the term of March 17, 2026, through January 31, 2030; and
2. The Resolution is effective immediately upon adoption.
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 17th day of March 2026, by the vote recorded as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Jose A. Moran, Mayor
of the City of Livingston
ATTEST:
________________________________
Monica Cisneros, Deputy City Clerk
of the City of Livingston
APPROVED AS TO LEGAL FORM
___________________________
Marc Tran, City Attorney
RESOLUTION 2026-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPOINTS ________________________ TO THE CITY OF LIVINGSTON PARKS, RECREATION,
AND ARTS COMMISSION AS A REGULAR MEMBER FOR THE TERM OF MARCH 17, 2026 THROUGH JANAURY 31, 2028
WHEREAS, the City of Livingston Parks, Recreation, and Art Commission (“Commission”) is governed by Title 2 Chapter 4 of the Livingston Municipal Code; and WHEREAS, the Commission is comprised of 7 Commissioners and 2 Alternates all of which are appointed by majority vote of the City Council; and WHEREAS, terms of office for members of the Commission are for a period of four (4) years, or until their successors are appointed; and
WHEREAS, Commissioner Darmeen Randhawa resigned from the Commission, causing a vacancy on the Commission. The term is due to expire on January 31, 2028.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LIVINGSTON DOES HEREBY:
3. Appoint _____________________ to serve on the City of Livingston Parks, Recreation, and Arts Commission as a Regular Member Commissioner for the term of March 17, 2026, through January 31, 2028; and
4. The Resolution is effective immediately upon adoption.
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 17th day of March 2026, by the vote recorded as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Jose A. Moran, Mayor
of the City of Livingston
ATTEST:
________________________________
Monica Cisneros, Deputy City Clerk
of the City of Livingston
APPROVED AS TO LEGAL FORM
___________________________
Marc Tran, City Attorney
RESOLUTION 2026-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPOINTS ________________________ TO THE CITY OF LIVINGSTON PARKS, RECREATION,
AND ARTS COMMISSION AS A REGULAR MEMBER FOR THE TERM OF MARCH 17, 2026 THROUGH JANAURY 31, 2030
WHEREAS, the City of Livingston Parks, Recreation, and Art Commission (“Commission”) is governed by Title 2 Chapter 4 of the Livingston Municipal Code; and WHEREAS, the Commission is comprised of 7 Commissioners and 2 Alternates all of which are appointed by majority vote of the City Council; and WHEREAS, terms of office for members of the Commission are for a period of four (4) years, or until their successors are appointed; and
WHEREAS, there is a vacancy due to the expiration of Regular Commissioner Chris Fernandez’s term on January 31, 2026.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LIVINGSTON DOES HEREBY:
5. Appoint _____________________ to serve on the City of Livingston Parks, Recreation, and Arts Commission as a Regular Member Commissioner for the term of March 17, 2026, through January 31, 2030; and
6. The Resolution is effective immediately upon adoption.
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 17th day of March 2026, by the vote recorded as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Jose A. Moran, Mayor
of the City of Livingston
ATTEST:
________________________________
Monica Cisneros, Deputy City Clerk
of the City of Livingston
APPROVED AS TO LEGAL FORM
___________________________
Marc Tran, City Attorney
RESOLUTION 2026-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPOINTS ________________________ TO THE CITY OF LIVINGSTON PARKS, RECREATION,
AND ARTS COMMISSION AS A REGULAR MEMBER FOR THE TERM OF MARCH 17, 2026 THROUGH JANAURY 31, 2030
WHEREAS, the City of Livingston Parks, Recreation, and Art Commission (“Commission”) is governed by Title 2 Chapter 4 of the Livingston Municipal Code; and WHEREAS, the Commission is comprised of 7 Commissioners and 2 Alternates all of which are appointed by majority vote of the City Council; and WHEREAS, terms of office for members of the Commission are for a period of four (4) years, or until their successors are appointed; and
WHEREAS, there is a vacancy due to the expiration of Regular Commissioner Linda Placencia’s term on January 31, 2026.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LIVINGSTON DOES HEREBY:
7. Reappoint Linda Placencia to serve on the City of Livingston Parks, Recreation, and Arts Commission as a Regular Member Commissioner for the term of March 17, 2026, through January 31, 2030; and
8. The Resolution is effective immediately upon adoption.
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 17th day of March 2026, by the vote recorded as follows:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Jose A. Moran, Mayor
of the City of Livingston
ATTEST:
________________________________
Monica Cisneros, Deputy City Clerk
of the City of Livingston
APPROVED AS TO LEGAL FORM
___________________________
Marc Tran, City Attorney
City of Livingston
APPLICATION FOR APPOINTIVE VACANCY
City Clerk’s Office – 209-394-5544
Please indicate which position you are applying for.
Planning Commission
Recreation Commission
Please print or type the following information:
Name
Address Zip
Home Phone Mobile Phone
Emergency Contact: ___________________________________________________________________________ E-Mail Address
Highest Level of Education Completed
Occupation
Relevant Experience
Why are you seeking this appointment?
What particular skills and talents would you bring to this commission/committee?
Note: This document is a public record and may be disclosed/released upon request pursuant to the California Public Records Act. It will be published (with signatures and personal contact information redacted) in the agendas for relevant meetings of the City Council.
List present and previous community or civic involvement _______________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ What do you hope to accomplish? _________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ Have you ever served on a Commission, Board, or Committee Yes No If yes, please specify which Board(s), Commission(s) and/or Task Force(s):
Name Length of Service
____________________________________________ _______________ ____________________________________________ _______________ ____________________________________________ _______________ ____________________________________________ _______________ ____________________________________________ _______________
Have you attended a meeting of this commission/committee? Yes No N/A Watched on Streaming Video? Yes No N/A
Conflict of Interest: Do you have any conflict of interest due to your relation with a city employee or elected city official? If so, whom? __________________________________________________________________________________________ Are you available to meet on the days and time specified below? Yes No The Commissions meet as follows:
Planning Commission meet every second Tuesday of the month at 7:00 p.m.
Recreation Commission meet every fourth Thursday of the month at 6:00 p.m.
Additional experience or information may be attached to this application.
AUTHORIZATION AND RELEASE
I hereby affirm that my answers to the foregoing questions are true and correct and that I have not knowingly withheld any fact or circumstance that would, if disclosed, affect my application unfavorably. I understand that in connection with this application for appointment, the information contained herein will be made available to the general public upon request. I acknowledge that if appointed, I will be required to take an oath (or affirmation) of office and will be subject to filing a Form 700 Statement of Economic Interest.
Signature Date
Return completed applications to [email protected] or City Clerk’s Office, 1416 C Street, Livingston, CA. Please note, it is the applicant’s responsibility to confirm receipt of their application with the City Clerk’s Office.
All cost for the preparation of the application shall be borne by the applicant, and applications received shall become the property of the City, whether appointed or not appointed.
Incomplete applications may be rejected as non-responsive.
Policy for Parks, Recreation and Arts Commission and Planning Commission
PARKS, RECREATION AND ARTS COMMISSION
The Parks, Recreation and Arts Commission shall consist of seven (7) members over the age of eighteen (18). A maximum of one member may reside outside of City limits, as long as they reside within the boundaries of the Livingston Union School District.
TERM: Each member of the Parks, Recreation and Arts Commission shall be appointed for four (4) years. Should a vacancy occur through means other than term expiration, the appointment of the new members shall be for the remainder of the vacated term.
REMOVAL OF MEMBERS AND VACANCIES:
(A) Removal From The Parks, Recreation And Arts Commission: Any member of the commission may be removed from the commission by the Mayor, subject to the approval of the City Council, or by a majority vote of the City Council.
(B) Resignation Of Members: A member of the Parks, Recreation and Arts Commission may resign from the commission by filing a written statement with the City Manager. Upon filing the written statement with the City Manager, the resignation shall become effective at the time of the filing and said member shall cease to be a member of the commission and a vacancy shall then exist.
(C) Absence With/Without Cause: Any member of the commission shall automatically be deemed to have vacated his or her seat if the Commissioner fails to attend any three (3) meetings in any twelve (12) month period, unless the absence is the result of illness or family emergency. In the event that a Commissioner is unable to attend a meeting due to illness or family emergency, the Commissioner shall inform the City Manager, or the department head working with the commission, at the earliest opportunity before the meeting in order for the absence to be excused. In the event that a Commissioner is deemed to have vacated his or her seat, the commission or City Manager shall immediately inform the City Council of such vacancy. Vacancies on the Parks, Recreation and Arts Commission for whatever cause shall be filled by the City Council for the unexpired term. (Ord. 633, 2-20-2018)
PLANNING COMMISSION
The Planning Commission shall consist of five (5) members and two (2) alternates appointed. The alternate members may participate, but may not vote on an item before the Planning Commission unless a Planning Commissioner is absent or is disqualified due to an expressed conflict of interest. All members shall reside in the City Limits and remain qualified electors of the City. The compensation of the Planning Commission shall be established by resolution of the City Council.
TERMS: Terms of office of the members of the Planning Commission are for a period of four (4) years or until their successors are appointed and such terms are staggered with terms of one member of the Planning Commission expiring each year, except that every fourth year the terms of two (2) members expire. Terms expire December 31 of each year.
REMOVAL OF MEMBERS AND VACANCIES:
(A) Removal Of Members: Any member of the commission may be removed from the commission prior to the expiration of term by majority vote of the City Council. Vacancies on the Planning Commission from whatever cause shall be filled by the City Council for the unexpired term. (B) Resignation Of Members: A member of the commission may resign from the commission by filing a written statement with the City Clerk stating he or she resigns from the commission. Upon filing the written statement with the City Clerk, the resignation shall become effective at the time of the filing and said member shall cease to be a member of said commission and a vacancy shall then exist. (Ord. 562, 11-20-2007) (C) Absence With/Without Cause: Any Commissioner's seat shall automatically be deemed vacant for failing to attend any three (3) meetings in any twelve (12) month period, unless the absence is the result of illness or family emergency, or removal of the Commissioner from office would otherwise be prohibited by law. In the event that a Commissioner is unable to attend a meeting due to illness or family emergency, the Commissioner shall inform the City Manager or the Community Development Director at the earliest opportunity before the meeting in order for the absence to be excused. The commission shall immediately inform the City Council of such vacancy. Vacancies on the Planning Commission from whatever cause shall be filled by the City Council for the unexpired term. (Ord. 579, 2- 17-2009)
City of Livingston
APPLICATION FOR APPOINTIVE VACANCY
City Clerk's Office -209-394-5544
Note: This document is a public record and may be disclosed/released upon request pursuant to the California Public Records Act. It will be published (with signatures and personal contact information redacted) in the a!{endasfor relevant meetin,{s of the City Council.
Please indicate which position you are applying/or.
Planning Commission
Recreation Commission
Please print or type the following information:
N Julia Diaz
ame ___________________________________ _
Address Livingston CA z
· 95334
Ip-------
Rome Phone _____________ _ Mobile Phone ___________ _
Emergency Contact: Eduardo Perez
E-Mail Address _______________________________ _
Highest Level of Education Completed _
H
_
ig
_
h
_
S
_
c
_
h
_
o
_
o
_
l _________________ _
. Union Rep Occupation --------------------------------- 1 have worked as volunteer for the Hilmar school district, I served at the Merced Unified dlstric site council committee.
Relevant Experience _____________________________ _
Currently workings as a Union Rep helping members with wealth and wellness, human rights and other needs.
Wh k. th· . t t? I would love to be more involved in my city and y are you see mg 1s appom men .
help others any way I can to the best of my abilities.
I am bilingual and listen What particular skills and talents would you bring to this commission/committee? __________ _ to concerns and questions from Livingston citizens, I like to bring common sense to any issue with kindness and consideration to others
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