City of Livingston
Housing Plan
2024-2032 Housing Element E7-5
Program 2: Adequate Sites for RHNA and Monitoring of No Net Loss For the 6th cycle Housing Element, Livingston has been assigned a RHNA of 1,097 units, in the following income categories:
Very Low Income: 311 units
Low Income: 213 units
Moderate Income: 169 units
Above Moderate Income: 404 units
The City is committed to ensuring that adequate sites at appropriate densities remain available during the planning period, as required by law. As of December 2023, the City has identified capacity for 1,102 units through projects under construction, approved, or permitted, that will be available during the RHNA projection period. The City also projects eight ADUs affordable to above moderate-income households will be developed during the planning period. Accounting for these units, the City has a remaining RHNA of 306 units (198 lower income and 108 moderate income) for which the City must identify adequate sites for potential development.
The City has identified vacant opportunity sites with potential for development over the next eight years. The 14 vacant opportunity sites identified can accommodate 80 units (40 lower income, 34 moderate income, and 6 above moderate income). An additional six sites have been identified for rezoning to meet the RHNA. The rezone sites have the capacity to accommodate 1,021693 units (37652 lower income, 102 322 moderate income, and 240 323 above moderate income). These sites will need to be rezoned from low- and medium-density residential to high-density residential allowing for a maximum density of 29 dwelling units per acre. Of the sites identified, three sites were used during previous Housing Element cycles. Sites proposed for rezone as part of this Housing Element Update are considered new sites and are not subject to this requirement. The reuse opportunity sites are subject to by-right approval. Opportunity and rezone sites are described in Chapter E6, Housing Resources and Sites Inventory Analysis, Table E6.4-7 and Table E6.4-8, respectively.
This program describes the actions the City will take to ensure that adequate sites are designated consistent with Government Code Sections 65583(c)(1)(A) and 65583.2. The rezoned sites shall be subject to the following provisions pursuant to Government Code Section 65583.2(i):
Permit owner-occupied and rental multi-family uses by-right for developments in which 20 percent or more of the units are affordable to lower-income households. By-right means approval without discretionary action.
Permit the development of at least 16 units per site. Establish a minimum density of 20 units per acre and a maximum density of at least 20 units per acre for all rezone sites to accommodate lower income RHNA. Ensure that either: a) at least 50 percent of the shortfall of low- and very-low-income regional housing need can be accommodated on sites designated for exclusively residential uses; or b) if accommodating more than 50 percent of the low- and very-low-income regional housing need on sites designated for mixed uses, all sites designated for mixed uses must allow 100 percent residential use and require that residential uses occupy at least 50 percent of the floor area in a mixed-use project.
831 Page 514 of 912
Merced County Association of Governments
Merced County Multi-Jurisdictional Housing Element (2024-2032) E7-6
To ensure that the City complies with SB 166 (No Net Loss), the City will monitor the consumption of residential and mixed-use acreage to ensure an adequate inventory is available to meet the City’s RHNA obligations. To ensure sufficient residential capacity is maintained to accommodate the RHNA, the City will develop and implement a formal ongoing (project-by-project) evaluation procedure pursuant to Government Code Section 65863. Should an approval of development result in a reduction in capacity below the residential capacity needed to accommodate the remaining need for lower and moderate-income households, the City will identify and if necessary, rezone sufficient sites to accommodate the shortfall and ensure “no net loss” in capacity to accommodate the RHNA.
The Site Inventory identifies large sites (larger than 10 acres) that are expected to offer affordable housing opportunities for lower-income households.
To facilitate the development of these large sites, the City will:
Provide technical assistance, incentives, and strategies as appropriate to facilitate development of affordable housing, including parceling at appropriate sizes or other site planning tools such as clustered development, allowing flexibility for the transferring of densities within the property.
Promote the potential subdivision of large sites into multiple parcels for future development through technical assistance, incentives, and strategies during the development phases and when applications come into the City for the identified parcels. Annually meet with property owners and developers to encourage the development of mixed income housing with a mix of unit sizes, types, and prices. Promote the development of large sites at the densities and affordability levels identified within the Housing Element.
Allow the development in phases within eight years of the Housing Element planning period. Offer expedited processing and fee deferrals, reductions, or waivers for affordable units in development on large sites identified in the Site Inventory.
Specific Actions, Objectives and Timelines Facilitate the development of 1,097 units over 8 years (311 very lowincome, 213 low-income, 169 moderate-income, and 404 above moderate-income units).
Concurrent with the adoption of the Housing Element, rezone properties as outlined above and detailed in the Chapter E6, Housing Resources of this Housing Element to provide additional opportunities to up to 1,021 fully accommodate the remaining RHNA of 306 units (376198 lower-income, and 108322 moderate-income, and 323 above moderate-income units). As part of the rezoning, confirm appropriate development standards (including parking, height, setback, lot coverage, etc.) will and can be met to ensure maximum allowable densities at the respective zones can be achieved. Facilitate the development of eight ADUs during the planning period. Maintain an inventory of available vacant and prospective sites that can accommodate new housing and update annually. Make this inventory available to the public and interested developers on the City website.
Annually meet with property owners and interested affordable housing developers to pursue housing development in the City. Concurrent with the adoption of the Housing Element, develop a formal procedure to monitor no net loss in capacity pursuant to SB 166.
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City of Livingston
Housing Plan
2024-2032 Housing Element E7-7
Encourage the consolidation of adjacent parcels zoned High Density Residential (R-3) or (DTC) and the splitting of large R-3 zoned parcels (see Program 8).
By the end of 2025, establish objective development standards for development to facilitate large-site development in phases if appropriate. Annually promote objective development standards to developers active in the city as part of the action to annually meet with property owners and developers outlined above.
By the end of 2027, if development of housing is not feasible on these large sites, within 6 months (by July 2028) the City will identify additional incentives and planning tools or alternative strategies if necessary to ensure adequate capacity for the RHNA.
In 2027, the City will evaluate the progress of pending projects counted toward the RHNA to ensure that development of housing units is occurring as projected. If it is determined after consultation with developers that the projects are not proceeding as planned and would result in a shortfall in RHNA sites, the City will identify alternative sites strategies (including potential rezoning) within six months.
Primary Responsible Departments Planning Department
Funding Sources General Fund
Relevant Policies 2.1, 2.2, 2.4, 3.1
AFFH Themes Housing Mobility
New Housing Opportunities in Areas of Higher Resources Geographic Targeting N/A
AFFH Outcomes Facilitate the development of 1,097 units including 524 affordable to lower-income households.
Program 3: By-Right Approval
Pursuant to Government Code Section 65583.2, reusing the following types of sites in the City’s site inventory for lower-income RHNA are subject to by-right approval, exempt from CEQA and subject only to design review based on objective standards when a project includes 20 percent of the units affordable to lower-income households and no subdivision is proposed:
Reuse Sites (No Rezoning Required):
Vacant sites that were identified in the City’s 4th and 5th cycles Housing Element as sites meeting the lower-income RHNA; and
Nonvacant sites that were identified in the City’s 5th cycle Housing Element as sites for lower income RHNA.
The by-right approval requirement of reuse sites is effective January 31, 2024. Rezoning of sites past the statutory deadline of the Housing Element to meet the lower-income RHNA are subject to the by-right approval requirement. The by-right approval requirement of rezone sites is triggered by the rezoning. By-right shall mean the local government’s review shall not require:
A use permit
A planned unit development permit
Other discretionary, local-government review or approval that would constitute a “project” as defined in Section 21100 of the Public Resources Code.
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Merced County Association of Governments
Merced County Multi-Jurisdictional Housing Element (2024-2032) E7-8
This provision does not preclude local planning agencies from imposing design review standards.
However, the review and approval process must remain ministerial, and the design review must not constitute a “project” as defined in Section 21100 of the Public Resources Code.
Parcels that are subject to by-right approval pursuant to state law are identified in Table E6.4-9 in Chapter E6, Housing Resources. There are three sites identified in the Site Inventory that are subject to by-right approval, with a capacity totaling 28 units.
Specific Actions, Objectives and Timelines By January 31, 2026, update the Zoning Ordinance to address the by-right approval requirements.
Primary Responsible Departments Planning Department
Funding Sources General Fund
Relevant Policies 2.1, 2.2, 3.1
AFFH Themes Housing Mobility
New Housing Opportunities in Areas of Higher Resources Geographic Targeting Citywide
AFFH Outcomes N/A
Program 4: Replacement Housing
Development on non-vacant sites with existing residential units is subject to replacement requirements, pursuant to Assembly Bill (AB) 1397. Specifically, AB 1397 requires sites with a residential use within the last five years the replacement of units affordable to the same or lower income level as a condition of any development on a non-vacant site consistent with those requirements set forth in the State’s Density Bonus Law.
Specific Actions, Objectives and Timelines Concurrent with the adoption of the Housing Element, amend the Zoning Ordinance to address the replacement housing requirements.
Primary Responsible Departments Planning Department
Funding Sources General Fund
Relevant Policies 2.2, 3.6
AFFH Themes Housing Mobility
New Housing Opportunities in Areas of Higher Resources Anti-Displacement and Tenant Protection
Geographic Targeting Citywide
AFFH Outcomes N/A
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City of Livingston
Housing Plan
2024-2032 Housing Element E7-9
Program 5: Accessory Dwelling Units
ADUs provide an important affordable housing option in the City. The City’s ADU Ordinance was last amended in June of 2022 and complies with state Law.
Consistent with Government Code, Section 65583 and Health & Safety Code, Section 50504.5, the City will continue to encourage the production of ADUs and work to provide affordable units for lower income households.
Specific Actions, Objectives, and Timelines Facilitate the development of 8 ADUs over eight years. By December 31, 2026, facilitate the production of ADUs through efforts including, but not limited to:
Update ADU webpage to include available resources for ADU production, such as grants for pre-development costs available to lower-income homeowners through California Finance Agency (CalHFA).
Conduct three educational workshops, campaigns, or outreach events to disseminate ADU development information.
Develop an ADU application checklist and publish the checklist on the City’s website by December 31, 2026.
Add information on the ADU permitting process, as well as available resources and incentives, on the City’s website by December 31, 2026.
Participate in regional collaboration efforts to create pre-approved ADU plans.
Explore an ADU amnesty program. If feasible, establish an ADU amnesty plan by December 31, 2026.
Upon HCD’s review of the City’s Updated ADU Ordinance, the City will amend its ADU ordinance if necessary to be consistent with ADU law by the end of 2025.
Conduct a feasibility study to determine the possibility of Zoning Code amendments to incentivize ADU production during the planning period, such as:
Increasing the by-right ADU size to further incentivize ADU creation
Consider allowance for an increase in the permitted height up to the height of the primary residence for ADUs built above a garage in single-family zones
Consider allowances for reduced setback requirements where privacy is not compromised
Primary Responsible Departments Planning Department
Funding Sources General Fund
Relevant Policies 2.2, 2.3, 3.1, 3.4
AFFH Themes Outreach and Education
Housing Mobility
New Housing Opportunities in Areas of Higher Resources Geographic Targeting Citywide (all high resource areas) with emphasis on single-family residential neighborhoods in South Livingston.
AFFH Outcomes Support the development of at least eight ADUs in Livingston during the planning period.
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Merced County Association of Governments
Merced County Multi-Jurisdictional Housing Element (2024-2032) E7-10
Program 6: Zoning Ordinance Amendments
In order to facilitate a variety of housing types, especially housing for lower income households and those with special needs, the City will remove constraints to housing development by amending the Zoning Ordinance.
Specific Actions, Objectives and Timelines Include the following Zoning Ordinance amendments by January 31, 2026:
SB 330: Remove subjective judgement from the site plan review, administrative permits, and use permits and provide objectives with regard to what constitutes an impairment to the integrity and character of the zoning district, in accordance with SB 330. SB 35: Establish procedure for implementing SB 35.
Site Plan and Design Review: Revise or remove subjective approval findings for the Site Plan and Design Review process and improve approval certainty.
Development Standards: Review and revise the City’s development standards (including parking ), particularly in relation to higher density affordable housing:
Amend the Zoning Code to provide an opportunity for minor modifications to height restrictions for projects with an affordability component.
Revise the Zoning Ordinance to reduce parking requirements for mobile homes, senior citizen housing, one-bedroom units, and studios to require no more than one space per unit.
Revise the Zoning Ordinance to allow additional by-right development of multi-family housing and remove use permit requirements for multi-family development with more than 25 units or with a density in excess of 24 units per gross acre in the R2, R-3, and Downtown Commercial (DTC) zones. Increase the maximum site coverage to 0.6 in the R-3 zone to allow for maximum density.
Density Bonus: Revise the zoning Ordinance to provide additional density bonuses under the criteria set forth by AB 1287 (see Program 8).
Single-Room Occupancy (SRO) Housing: Revise the Zoning Ordinance to allow the development of SROs in residential zones allowing multifamily uses and/or commercial zones allowing hotel and motel uses and establish a procedure to encourage and facilitate SRO development in the allowable zoning district(s), including development standards.
Low-Barrier Navigation Centers: Revise the Zoning Ordinance to allow low-barrier navigation centers by-right in non-residential zones permitting multifamily uses.
Farmworker Housing: Revise the Zoning Ordinance to allow a streamlined, ministerial approval process, not subject to a conditional use permit (CUP), to eligible agricultural employee housing developments to ensure compliance with the Employee Housing Act (Health & Safety Code Section 17021.6 and 17021.8), which requires that any farmworker housing consisting of no more than 36 beds in a group quarters or 12 units or spaces designed for use by a singlefamily or household shall be deemed an agricultural land use for the purposes of this section. Farmworker housing shall not be deemed a use that implies that the employee housing is an activity that differs in any other way from an agricultural use. No conditional use permit, zoning variance, or other zoning clearance shall be required of this 836 Page 519 of 912
City of Livingston
Housing Plan
2024-2032 Housing Element E7-11
farmworker housing that is not required of any other agricultural activity in the same zone. The permitted occupancy in farmworker housing in a zone allowing agricultural uses shall include agricultural employees who do not work on the property where the farmworker housing is located.
Residential Care Facilities: Revise the Zoning Ordinance to allow care facilities of seven or more residents in all zones that permit residential uses, approved with objectivity and certainty, and subject only to the requirements of residential uses of similar type and form. Transitional and Supportive Housing (AB 2162): Revise the zoning ordinance to permit Permanent Supportive housing without discretionary action in zones that permit multi-family housing and comply with Government Code section 65621, including but not limited to processing and parking requirements for projects located within one-half mile of transit. In addition, revise the Zoning Ordinance, as appropriate, to permit transitional/supportive housing as a residential use in all zones allowing residential uses and only subject to those restrictions that apply to other residential dwellings of the same type in the same zone.
Emergency Shelters: Amend the Zoning Code to explicitly allow emergency shelters by-right, in residential and/or residential mixeduse zone(s). Amend the Zoning Code to define Low-Barrier Navigation Centers, consistent with state law and to explicitly allow by-right, in mixed-use and nonresidential districts permitting multifamily uses. The City will also:
Ensure the definition of emergency shelters complies with AB 2339 to include interim housing options such as bridge housing, navigation centers, and respite and recuperative care;
Remove maximum stay requirements;
Ensure parking standards to only require parking for staff, and in no cases require more parking than is required for similar uses in that district; and
Remove the requirement to have a minimum 300 foot separation from residential zones, parks, and schools.
Remove design requirements relating to views of adjacent properties.
Remove subjective criteria in the determination requirements for reasonable accommodation requests.
Primary Responsible Departments Planning Department
Funding Sources General Fund
Relevant Policies 2.2, 3.1, 3.4, 5.2, 5.3, 7.4
AFFH Themes Housing Mobility
New Housing Opportunities in Areas of Higher Resources Anti-Displacement and Tenant Protection
Geographic Targeting Citywide
AFFH Outcomes Facilitate the development of 25 units for special needs populations during the planning period.
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Merced County Association of Governments
Merced County Multi-Jurisdictional Housing Element (2024-2032) E7-12
Program 7: General Plan Amendments
The City will implement the following General Plan amendments to facilitate the development of a variety of housing types, specifically mixed-use developments. The General Plan includes three residential land use designations with a density range from 1 to 29 dwelling units per acre. Since the General Plan is dated and undergoing an update, additional residential uses mentioned in the Municipal Code should be added to the updated General Plan, including but not limited to mixeduse and accessory dwelling units (ADUs). However, the density is sufficiently high to allow the development of affordable housing for all income levels. Minimum densities are included to maximize residential development on a limited supply of land as well as achieve a balance and variety of housing types.
Specific Actions, Objectives and Timelines By January 31, 2026, update the General Plan to facilitate multi-family residential uses in commercial zones for the encouragement of mixeduse development and include discussion on ADUs to ensure compliance with State law.
Primary Responsible Departments Planning Department
Funding Sources General Fund
Relevant Policies 2.2, 2.3
AFFH Themes Housing Mobility
New Housing Opportunities in Areas of Higher Resources Geographic Targeting Citywide
AFFH Outcomes Support the development of 1,097 housing units during the planning period (RHNA).
Program 8: Facilitating Affordable Housing Development
The City is committed to expanding affordable housing options for households of all income levels using development tools such as density bonus provisions, and streamlining the application process.
The City will contact local non-profit and private developers to facilitate the production of affordable housing as well as pursue funding opportunities available at the local, regional, state, and federal levels.
On a case-by-case basis, the City will provide opportunities for public, private and non-profit groups to develop affordable housing by constructing off-site improvements and physical infrastructure as Capital Improvement Projects (CIPs). Assistance provided by the City may include traffic, street, and sewer upgrades as well as other pedestrian and mobility improvements.
Specific Actions, Objectives and Timelines Annually pursue funding at the local, regional, state, and federal levels such as State Community Development Block Grants (CDBG), CalHome, PLHA, and Project Homekey funds.
Work with other jurisdictions in Merced County to create a regional list of affordable housing developers. Annually conduct outreach to these developers with information on potential sites, available regulatory concessions and incentives, and potential funding opportunities.
By the end of 2025, revise the Density Bonus Ordinance in compliance with state law (Government Code Section 65915) to equally provide for density bonuses in all zoning districts where residential uses are permitted and to include provisions relative to density bonuses, incentives, and concessions as required by state law.
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City of Livingston
Housing Plan
2024-2032 Housing Element E7-13
Facilitate the development of affordable housing by allowing improvements to be negotiated.
Facilitate the development of affordable housing through the provision of the following regulatory concessions and incentives:
Density increases under the City’s Density Bonus Ordinance. Expedited and streamlined project application review involving any of the following housing categories: very low-income households; large families; persons with disabilities or developmental disabilities; and farmworkers.
Potential waivers/reductions/deferrals until certificate of occupancy.
Reduced parking requirements.
Encourage the consolidation of adjacent parcels zoned High Density Residential (R-3) or (DTC) and the splitting of large R-3 zoned parcels.
This may include working with property owners to consolidate parcels, coordinating with local property owners to support the development of affordable multi-family housing developments, or working with developers to identify suitable vacant adjoining R-3 or DTC sites. By the end of 2025, develop incentives to encourage lot consolidation. Typical strategies include ministerial approval of lot line adjustments and flexible development standards (such as reduced or alternative parking arrangements, increased height or lot coverage) for large sites.
Annually review and update the City's impact fees to ensure that they are consistent with the City's costs to provide these services and that they do not act as a constraint to residential development. Establish standards for residential uses on religious facilities sites to provide opportunities for housing in a variety of locations throughout the city, providing mobility options for residents. Create an outreach and technical advisory program that includes the following actions:
Conduct a workshop in 2027 and 2029 to explain recent legislation (SB 4 and AB 1851) and how it can apply to religious facility properties in Livingston and invite religious facility owners and local nonprofit developers to participate.
Provide informational materials to religious facility property owners on the development process.
Provide technical assistance to religious facility property owners to assist with the project entitlements.
Review the General Plan and applicable zoning regulations, and revise as necessary, to facilitate affordable housing on religious facility sites.
Review the General Plan, applicable Specific Plans, and Zoning Code and Zoning Map to evaluate opportunities for removing barriers to housing production, adding housing capacity, and accommodating a greater mix of dwelling types and sizes households (e.g., duplexes, triplexes, fourplexes, townhouses, courtyard buildings), prioritizing opportunities and sites near transit and community resources. Review General Plan, Specific Plans, and Zoning Code and Zoning Map by January 2026 and implement any changes by January 2027 (see Program 6).
Beginning in 2025, and annually thereafter, apply for state and federal funds to facilitate the development of affordable housing, including housing for extremely low-income households and those with special housing needs. Partner with nonprofit housing developers to support the entitlement of at least 75 subsidized housing units affordable to 839 Page 522 of 912
Merced County Association of Governments
Merced County Multi-Jurisdictional Housing Element (2024-2032) E7-14
extremely low-, very low-, and low-income households in the city during the planning period, prioritizing sites near services.
Primary Responsible Departments Planning Department
Funding Sources Local, state, and federal resources, General Fund, CDBG Relevant Policies 2.1, 2.2, 2.3, 3.1, 4.1, 4.3, 7.4
AFFH Themes Housing Mobility
New Housing Opportunities in Areas of Higher Resources Geographic Targeting Citywide
AFFH Outcomes Increase the percent of the City’s housing stock that is multi-family from 11 percent to 14 percent by December 2030, using 2017-2021 American Community Survey (ACS) data as a baseline.
Increase housing mobility options in Livingston through the use of ADUs and SB4 implementation.
Entitle at least 75 subsidized housing units affordable to extremely low-, very low-, and low-income households in the city during the planning period, including at least 50 units in South Livingston.
Program 9: Preservation of At-Risk Housing
The City has 181 housing units that are deed restricted as affordable housing for lower-income households. No units are considered at risk of conversion during this Housing Element planning period. Nevertheless, the City will work to preserve these units and will proactively monitor all other units to encourage continued affordability beyond existing covenants and work proactively with owners of affordable units to assist in rehabilitation needs.
Specific Actions, Objectives and Timelines Monitor affordable units during the planning period. Maintain annual contact with property owners of affordable housing regarding any change in status/intent or need for assistance, such as rehabilitation assistance.
Maintain the AB 987 database to include detailed information on all subsidized units, including those that have affordability covenants.
Update annually.
Primary Responsible Departments Planning Department
Funding Sources General Fund
Relevant Policies 3.6, 5.5
AFFH Themes Anti-Displacement and Tenant Protection
Geographic Targeting Citywide
AFFH Outcomes Preserve all 181 affordable housing units. 840 Page 523 of 912
City of Livingston
Housing Plan
2024-2032 Housing Element E7-15
Program 10: Housing Preservation and Rehabilitation
Approximately 37 percent of the housing stock in Livingston is more than 40 years old (built before 1980). Livingston does not currently have an active housing rehabilitation program. However, the City’s Code Enforcement Division works to identify substandard housing and housing in need of substantial rehabilitation. Additionally, the City continues to investigate potential funding sources for rehabilitation programs to determine the most applicable for the City. Given its size, the City must take into account the capacity of a small staff to implement and manage each grant program that it applies for.
Livingston will also continue to provide weatherization assistance to lower-income households. The City will provide information at City Hall on Pacific Gas & Electric Company’s (PG&E) and the Merced Irrigation District's (MID) weatherization and energy assistance program.
Specific Actions, Objectives and Timelines By January 2026 and annually thereafter, advertise available rehabilitation grant programs on the City’s website with the goal of referring three households annually. Ensure that Code Enforcement has the information when addressing enforcement cases.
Utilize the Code Enforcement Division and annually analyze data to track areas where rehabilitation needs are heightened.
Annually monitor state and federal funding opportunities, such as Section 504 loans and HOME funds. Maintain and manage a list of existing rehabilitation loans with the goal of applying for one opportunity for residential rehabilitation assistance annually. Conduct a housing conditions survey by December 31, 2027.
Primary Responsible Departments Planning Department, Code Enforcement Funding Sources General Fund
Relevant Policies 3.6, 4.1, 4.2, 4.3, 5.5
AFFH Themes Outreach and Education
Place-Based Strategy for Neighborhood Improvements
Geographic Targeting Citywide with emphasis on South and Central Livingston where aging residential units are more prevalent.
AFFH Outcomes If feasible, apply for one funding opportunity for residential rehabilitation assistance annually.
Annually refer three households to the PG&E and MID weatherization and energy assistance programs.
Program 11: Lower-Income and Special Needs Housing
To assist in the development of housing to meet the needs of extremely low-, very low- and lowincome households, the Housing Authority of the County of Merced (HACM) offers the following programs:
Housing Choice Vouchers (HCVs): Offers affordable, decent, and safe housing in open market rentals selected by voucher holders. Voucher holders receive a fixed subsidy, which the Housing Authority pays directly to the landlord, and tenants are responsible for payment of the remainder of the rent.
Public Housing: Provides rental assistance to low- and moderate-income families and individuals.
The HACM owns and manages all 421 rental units offered under this program, which are located in communities throughout Merced County.
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Merced County Association of Governments
Merced County Multi-Jurisdictional Housing Element (2024-2032) E7-16
Project-Based Voucher Program (PBVs): The Housing Authority released a Request for Proposal (RFP) for the PBV Program in November 2023, seeking proposals from owners/developers who will commit up to 150 units of their rental housing to receive assistance through project-based vouchers.
Migrant Housing Centers: The Housing Authority manages four Migrant Centers throughout the County. The Migrant Housing Centers provide temporary housing to migrant farm workers available to them during the peak growing and harvest season, which is typically April through November. Migrant Centers managed by the Housing Authority are located in Atwater, Merced, Los Banos, and Planada.
The City will continue to work with the Housing Authority to obtain HCVs and provide the community with information about other available programs.
Specific Actions, Objectives and Timelines Assist 25 Livingston households through HCVs annually. Annually work with the Housing Authority to continue providing assistance in the community.
Over the eight-year planning period, subsequent to each Point-inTime Count, conduct workshops for the Planning Commission and City Council to share the data from the count.
Develop an inventory of affordable housing, with contact information and the number of affordable units, and publish the inventory on the City’s website by July 2025.
Connect low-income residents with housing assistance resources, including the HCV program.
Add information on the HCV Program and other housing assistance programs to the City’s website by January 31, 2026.
Promote the availability of assistance programs through all City’s social media pages at least twice per year.
Attend at least two community events during the planning period to spread awareness and distribute fact sheets on available financial assistance programs.
In collaboration with the Housing Authority, provide education to property owners and managers to expand awareness of the HCV program to increase acceptance of tenant-based HCVs and to facilitate mobility and provide choices for lower-income households throughout the City. Identify and address challenges that property owners/managers have with existing or prospective HCV holders.
Include education regarding laws prohibiting source of income discrimination (Fair Employment and Housing Act).
Starting in 2027, annually conduct one outreach event for landlords on the HCV program, for a total of five events during the planning period (e.g., workshops, community events, mailings, etc.).
Support regional efforts, such as those of the Merced County Housing Authority and other organizations, to identify sites, including sites within the City’s Sphere of Influence for permanent and seasonal farmworker housing.
Consistent with state law that mandates the provision of housing for ELI households, the City will prioritize processing and funding allocation for projects that include units for ELI households, especially farmworker housing.
Consistent with state law that mandates the provision of housing for special needs households, the City will prioritize processing and 842 Page 525 of 912
City of Livingston
Housing Plan
2024-2032 Housing Element E7-17
funding allocation for projects that include units for special needs households such as farmworker households.
The City shall provide technical assistance when needed and continue to conduct pre-application conferences and meet with farmworker housing developers on an ongoing basis.
Post information on the Community and Economic Development Department website within one year of Housing Element
adoption. Information includes a site inventory and available land, housing resources and grant information.
Contact farmworker housing developers to determine interest and identify constraints to farmworker housing development within the city by the end of 2025 and annually thereafter.
Prioritize the review and processing of farmworker housing applications.
Create and distribute informational materials to raise awareness about farmworker housing programs and opportunities by the end of 2025 and annually thereafter.
As part of the working group, described in Program 1, meet annually to discuss and identify efforts to address farmworker housing regionally.
Beginning in 2026 and annually thereafter, pursue funding available at the state and federal levels for affordable housing development.
Specifically, pursue funding programs that target the needs of extremely low- and very low-income households.
Provide letters of support to funding applications by developers if the proposed projects are consistent with the goals and objectives of this Housing Element, as requested.
The City, County, and regional collaboration partners will pursue a variety of strategies and funding to encourage the development, rehabilitation and conservation of housing for farmworkers such as such as funding development, integrating housing for farmworkers into development, developer identification, maintaining an inventory of suitable sites, site development, ensure zoning and development standards facilitate a variety of housing types for farmworker housing needs. The City and collaborative partners will make a specific and at least annual effort to assist in the development of housing for farmworkers and conserve and improve the existing housing stock for farmworkers, including but not limited to:
Contacting nonprofit developers at least every other year to identify opportunities for the development or improvement of housing for farmworkers.
Coordinating and participating with regional organizations, including non-profit, academic, and employers, to raise awareness, share and employ strategies, or target new resources.
Coordinating annually with organizations that represent or serve farmworkers.
Providing incentives and other strategies beyond state density bonus law to encourage housing for farmworkers, including setting aside housing for farmworkers within developments, supporting funding applications, prioritizing entitlements and establishing appropriate zoning and development standards.
Targeting code enforcement and other resources to the existing housing stock with the most need for rehabilitation and sanitary conditions that could be more likely to house farmworkers and work with regional or other organizations to improve living conditions for farmworkers.
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Merced County Association of Governments
Merced County Multi-Jurisdictional Housing Element (2024-2032) E7-18
Primary Responsible Departments Planning Department and Police Department Funding Sources U.S. Department of Housing and Urban Development (HUD), Self-Help Enterprise funding sources
Relevant Policies 3.2, 5.1, 5.4, 5.5, 7.4
AFFH Themes Outreach and Education
Housing Mobility
New Housing Opportunities in Areas of High Resources
Anti-Displacement and Tenant Protection
Geographic Targeting Citywide with emphasis on Central Livingston where LMI household populations are higher.
AFFH Outcomes Promote the use of HCVs in the City with the goal of expanding HCV use by five percent by December 31, 2030, using 2023 data as baseline.
Conduct one HCV outreach event annually for a total of five events during the planning period.
Program 12: Community and Economic Development
Well-maintained infrastructure creates a safe and accessible urban environment, fostering a sense of community and belonging. Moreover, investing in such improvements attracts businesses and investments, contributing to economic growth and ensuring equal access to essential services. The City will implement the following actions to expand community and economic development citywide.
Specific Actions, Objectives and Timelines Coordinate with the City Engineer and Public Works Department to review the City’s Capital Improvement Projects (CIP) to ensure public facilities and infrastructure are supportive of the needs of the City. As funding permits, initiate infrastructure improvements in FY 2025 and annually thereafter that may include:
Repairing, replacing, and completing sidewalks in aging neighborhoods.
Continue planning for the Rec Plex, a 2.05 acre recreation building and park in Central Livingston. Continue to identify and apply for funding opportunities to go towards project completion. Development of a new well to address water supply and quality challenges.
Annually conduct outreach to industrial and commercial businesses to locate in Livingston.
Expand awareness of available employment assistance and job training programs.
Host at least one employment workshop annually to assist residents in preparing for local job fairs, develop resumes, and prepare for interviews as well as spreading awareness of available employment, training and job preparation resources through Worknet Merced County. Continue to identify and apply for loans and grants annually to improve and upgrade City infrastructure, such as the water, sewer, storm drainage, and circulation system in order to meet future residential, industrial, and commercial demand with the goal of initiating one improvement/upgrade during the planning period. Give priority to providing infrastructure to vacant R-3 parcels, especially those in the southeastern portion of the City, as well as DTC parcels in order to support the development of multifamily housing in these areas.
Starting in 2025 and bi-annually, coordinate with Merced County and the San Joaquin Valley Air Pollution Control District to develop and 844 Page 527 of 912
City of Livingston
Housing Plan
2024-2032 Housing Element E7-19
implement a plan to reduce pollution burden throughout the city, targeting air quality, water quality, and pesticide use. Assess pollution burden the city and create an action plan to reduce pollution burden and addressing proper remediation plans for cleanup sites and hazardous waste sites. Encourage the use of pedestrian-oriented design, greenbelts, parks, bicycle routes, and open-space to enhance new residential neighborhoods in Livingston. Support developers in using designs that encourage Smart Growth and consistency with the City’s Design Guidelines.
Concurrent with Housing Element adoption, at least every other year, identify funding sources and apply for funding to address additional community development issues such as neighborhood revitalization, parks, safe routes to school, community facilities, or addressing pollution burdens, with the goal of securing funding for two additional community revitalization projects during the planning period. Hold at least one community workshop in North and South Livingston by December 2026 to identify active transportation needs and apply for funding to implement projects outlined in the Regional Active Transportation Plan by December 2027. Implement at least one active transportation project in North and South Livingston by the end of the planning period.
Maximize the economic, mobility, and environmental benefits of the planned ACE Ceres-Merced Extension Project in Livingston by promoting smart growth and equitable development around the station area, including:
By the end of 2031, revise land use policies to support compact, walkable development near the proposed station
By the end of 2031, develop a station area master plan with strategies to guide land use, circulation, and economic development
Identify opportunities to improve multimodal connectivity around the proposed station area. Seek funding to implement bike lanes, sidewalks, and transit connections to the station area. Continue to collaborate with the San Joaquin Regional Rail Commission and participate in meetings related to the proposed extension of the Ceres-Merced line.
Primary Responsible Departments Planning Department
Funding Sources General Funds
Relevant Policies 3.1, 4.4
AFFH Themes Place-based Strategies for Neighborhood Improvement Geographic Targeting Citywide with emphasis on Central Livingston.
AFFH Outcomes Complete three CIP projects during the planning period. Support the relocation or establishment of two industrial or commercial businesses in Livingston during the planning period. Apply for additional funding for community revitalization projects with the goal of securing funding for two additional projects during the planning period.
Develop a station area master plan to guide development around the proposed Livingston train station.
Improve CalEnviroScreen scores citywide by December 2031. 845 Page 528 of 912
Merced County Association of Governments
Merced County Multi-Jurisdictional Housing Element (2024-2032) E7-20
Program 13: Fair Housing Outreach and Enforcement
The City of Livingston works with the HACM to provide fair housing information and resources to residents and housing providers. HACM contracts with Central California Legal Services (CCLS) to provide services including the distribution of educational materials to property owners, apartment managers, and tenants, and responding to complaints of discrimination (i.e., in-taking, investigation of complaints, and resolution) by referring the affected party to the appropriate agencies.
The City refers fair housing issues and complaints to Fair Housing Council of Central California (FHCCC) and the State Department of Fair Employment and Housing (DFEH). DFEH maintains a record of housing discrimination complaints filed in local jurisdictions.
HACM refers fair housing issues and complaints to the U.S. Department of Housing and Urban Development (HUD), Office of Fair Housing and Equal Opportunity (FHEO).
Specific Actions, Objectives and Timelines Coordinate with Central California Legal Services (CCLS)/other fair housing nonprofit organizations to provide fair housing and tenant/landlord services, including investigation of discrimination complaints, fair housing counseling and education, fair housing testing, and tenant/landlord counseling and mediation.
Collaborate with the County and fair housing service providers that serve the County to 1) identify funding sources to support fair housing and landlord/tenant counseling programs; 2) provide information on fair housing laws at City Hall, the library, on the City's website, and other areas in which the community gathers information. and 3) address or refer complaints of housing discrimination to appropriate state or federal agencies.
Make information on housing, housing programs, and housing assistance available to all members of the community, including information on second units. Continue to provide materials in both Spanish and English. Place information at a public counter in City Hall, the City's website, at other public locations.
Partner with local organizations to distribute information on fair housing services and homebuyer education programs by distributing flyers, attending local events, social media campaigns, and educational workshops in both English and Spanish.
Coordinate with non-profit organizations, local community groups, and service organizations to increase awareness of and access to housing resources and fair housing assistance.
In coordination with other Merced County jurisdictions, develop a Fair Housing factsheet to be included with the ADU application packet to inform property owners of their responsibility with State and federal fair housing laws. Publish fair housing guide with ADU applications on or before January 2027.
Conduct fair housing outreach, including dissemination of the ADU Fair Housing factsheet, at one workshop or community event annually.
Update the City’s website to provide a link to the City’s Reasonable Accommodations policy on the Housing Division page and add contact information for City staff who oversee the application process. Evaluate compliance with the new transparency requirements per Government Code Section 65940.1(a)(1) and make changes as necessary. Update links on the City’s Community Development Department webpage to connect to the most recent versions of each resource and document.
846 Page 529 of 912
City of Livingston
Housing Plan
2024-2032 Housing Element E7-21
Primary Responsible Departments Planning Department
Funding Sources General Fund
Relevant Policies 3.1, 4.4
AFFH Themes Enforcement and Outreach
Geographic Targeting Citywide with emphasis on LMI Areas (Central Livingston and parts of North and South Livingston).
AFFH Outcomes Assist at least 15 residents and landlords with fair housing services annually, throughout planning period.
Conduct one outreach event annually to disseminate fair housing information (workshop, community event, etc.)
Program 14: Water and Sewer Service
The City of Livingston is the provider of water and sewer services within city limits. Currently, the City does not have adequate water infrastructure to fully accommodate the RHNA. The City utilizes eight active wells and one stand-by well extracting groundwater from the Merced Subbasin.
Collectively, the wells have a combined capacity of 10,900 gallons per minute (gpm) with water being distributed by a network of lines ranging from two to 16-inches in diameter. Additionally, the water system includes a one million-gallon storage tank. The City’s current well capacity is not adequate to meet the City’s maximum day demand (MDD) or peak hour demand (PHD). The groundwater underlying the City is part of the larger San Joaquin Valley Groundwater Basin within the San Joaquin River Hydrologic Region, which is subdivided into nine subbasins. The City exacts groundwater from the Merced subbasin, which is classified as a critical overdraft subbasin.
In addition to an adequate water supply, the City is also challenged with groundwater quality issues.
The majority of the City’s wells produce water at or above the current regulated maximum contaminants level (MCL) for one or more of the following regulated contaminants: arsenic, manganese, nitrate and 1, 2, 3-trichloropropane (TCP).
The City is currently pursuing a Corrective Action Plan (CAP) to address TCP compliance. As part of the CAP, the City is planning two additional wells and two centralized treatment facilities with storage tanks and booster pumps. The following CAP improvements will increase the City’s MDD and PHD capacity:
Well 8 Centralized Treatment Facility: This facility will receive water from a new well, Well 8A (Well 8 replacement) and from future Well No. 18. The production of these wells is still unknown. Treated water will be discharged into a 1.5-million-gallon storage tank. A booster pump station will repressurize the treated water into the distribution system. Arakelian Park Centralized Treatment Facility: This facility will receive water from Wells Nos. 12, 13 and 17 and treat the water for removal of (TCP). Treated water will be discharged into a onemillion-gallon storage tank. Well 19 with Treatment Facility: This facility will consist of a new Well (Well 19) with well treatment for the removal of TCP. A booster pump station will repressurize treated water into the distribution system.
The City TCP compliance project is currently under review by the State Water Resources Control Board. A funding agreement is expected in the first quarter of 2024 and completion of the projects is expected to be in the fourth quarter of 2026. Once the CAP improvements identified above are completed and based on a firm capacity of 9,300 gpm and 7,455 gpm MDD, the City would have 847 Page 530 of 912
Merced County Association of Governments
Merced County Multi-Jurisdictional Housing Element (2024-2032) E7-22
approximately 25 percent remaining capacity for future new development following the development of four previously entitled, but not developed, projects – two multi-family residential projects (The Villages at Main [480 units] and Tierrasanta Villas [80 units]) and two commercial projects. Of the two residential projects, Tierrasanta Villas is an affordable housing project. The City would need to add more wells and/or treated surface water to accommodate future growth in the community.
Pursuant to SB 1087, as the City’s water and sewer service provider, the City has not adopted a policy to prioritize the allocation of water/sewer services to affordable housing projects.
Specific Actions, Objectives and Timelines By January 31, 2028, complete update to water and sewer master plans.
Annually, conduct outreach and education on water conservation measures through a social media campaign.
Pursue/provide rehabilitation assistance that includes energy conservation and weatherization improvements as eligible activities. By January 31, 2026, adopt a policy to prioritize the allocation of water and sewer services to affordable housing projects (SB 1087).
Primary Responsible Departments Planning Department
Funding Sources General Funds
Relevant Policies 3.1, 4.4
AFFH Themes N/A
Geographic Targeting Citywide
AFFH Outcomes N/A
E7.3 AFFH Actions Summary
Government Code Section 8899.50 requires “meaningful actions” well beyond combating discrimination to overcome patterns of segregation and foster inclusive communities. Actions to affirmatively further fair housing include:
Enhancing housing mobility strategies
Encouraging development of new affordable housing in high resource areas Increasing fair housing enforcement and fair housing outreach capacity Improving place-based strategies to encourage community conservation and revitalization, including preservation of existing affordable housing
Protecting existing residents from displacement
Actions to affirmatively furthering fair housing are summarized below (Table E7-1). 848 Page 531 of 912
City of Livingston
Housing Plan
2024-2032 Housing Element E7-23
Table E7-1 AFFH Actions Summary
Program Specific Commitment Timeline Geographic TargeƟng Eight-Year Metrics Fair Housing Enforcement and Outreach
Program 13: Fair Housing
Outreach and Enforcement
Coordinate with Central California Legal Services (CCLS)/other fair housing nonprofit organizaƟons to provide fair housing and tenant/landlord services, including invesƟgaƟon of discriminaƟon complaints, fair housing counseling and educaƟon, fair housing tesƟng, and tenant/landlord counseling and mediaƟon. Partner with local organizaƟons to distribute informaƟon on fair housing services and homebuyer educaƟon programs by distribuƟng flyers, aƩending local events, social media campaigns, and educaƟonal workshops in both English and Spanish. Coordinate with non-profit organizaƟons, local community groups, and service organizaƟons to increase awareness of and access to housing resources and fair housing assistance. Provide informaƟon to homeowners and nonprofit groups via social media, the City's website, and uƟlity bills regarding any funding assistance programs annually.
Update the City’s website to include fair housing rights and responsibiliƟes for landlords and lenders. Complete updates by January 2026. In coordinaƟon with other Merced County jurisdicƟons, develop a Fair Housing factsheet to be included with the ADU applicaƟon packet to inform property owners of their responsibility with state and federal fair housing laws. Publish fair housing guide with ADU applicaƟons on or before January 2026. Conduct fair housing outreach, including disseminaƟon of the ADU Fair Housing factsheet, at two workshops or community events annually. The City should evaluate its compliance with the new transparency requirements per Government Code SecƟon 65940.1(a)(1) and make changes as necessary.
Update links on the City’s Community and Economic Development Department webpage to connect to the most recent versions of each resource and document. Conduct an annual Housing Element review and provide opportuniƟes for public engagement and discussion in conjuncƟon with the State requirement of wriƩen review of the General Plan by April 1 of each year (per Government Code SecƟon 65400). Use the Planning Commission and City Council as an avenue for public input on housing issues and Housing Element.
Annually
January 2026
Citywide with emphasis
on LMI Areas (Central
Livingston and parts of
North and South
Livingston).
Assist at least 15 residents and
landlords with fair housing services
annually, throughout planning period.
Conduct two outreach events annually
to disseminate fair housing informaƟon
(workshop, community event, etc.)
Housing Mobility
Program 1: Regional
CollaboraƟon
ParƟcipate in a regional collaboraƟon with developers and affordable housing advocates to support the development of housing By 2026 N/A Establish a working group that meets annually to idenƟfy regional housing
challenges, funding opportuniƟes, and
coordinate efforts to develop
affordable housing.
Program 5: Accessory
Dwelling Units
Amend the Zoning Code in compliance with state law.
Facilitate the producƟon of ADUs through promoƟonal efforts and incenƟves outlined in Program 5. Explore an ADU amnesty program. If feasible, establish an ADU amnesty plan by December 2026 January 31, 2026
December 2026
Citywide (all high resource
areas) with emphasis on
single-family residenƟal
neighborhoods in South
Livingston.
Support the development of at least 8
ADUs in Livingston during the planning
period.
Program 11: Lower Income
and Special Needs Housing
Develop an inventory of affordable housing, with contact informaƟon and the number of affordable units, and publish the inventory on the City’s website. By January 2026 Citywide with emphasis on Central Livingston
where LMI household
populaƟons are higher.
Expand the use of HCVs in the city by
10 percent by December 2030, using
2023 data as baseline.
Conduct one HCV outreach event
annually for a total of 7 events during
the planning period.
Connect low-income residents with housing assistance resources, including the HCV program by:
Adding informaƟon to the City’s website by January 2026 PromoƟng the availability of assistance programs through social media twice per year AƩending at least two community events during the planning period to distribute fact sheets By January 2026
Twice per year
Provide technical assistance and incenƟves when needed and conƟnue to conduct pre-applicaƟon conferences and meet with farm worker housing developers on an ongoing basis.
Contact developers
and create and
distribute
informaƟonal
materials by end of
2025 and annually
thereaŌer
849 Page 532 of 912
Merced County Association of Governments
Merced County Multi-Jurisdictional Housing Element (2024-2032) E7-24
Program Specific Commitment Timeline Geographic TargeƟng Eight-Year Metrics New Housing OpportuniƟes in Higher Opportunity Areas
Program 2: Adequate Sites
for RHNA
Maintain an inventory of available vacant and prospecƟve sites that can accommodate new housing and update annually. Make this inventory available to the public and interested developers on the City website.
Annually meet with property owners and interested developers to pursue housing development in the city. By January 31, 2026, develop a formal procedure to monitor no net loss in capacity pursuant to SB 166.
Annually
January 31, 2026
Citywide Facilitate the development of 1,097
units including 524 units affordable to
lower income households.
Program 3: By Right
Approval
Concurrent with the Development Code update to provide adequate sites for the RHNA, update the Development Code to address the by-right approval requirements
January 31, 2026 Citywide Facilitate the development of 1,097 units including 524 units affordable to
lower income households.
Program 6: Zoning Code
Amendments
Complete Zoning Code Amendments outlined in Program 6 to facilitate the development and remove constraints to the development of housing for special needs populaƟons.
January 31, 2026 Citywide Facilitate the development of 100 units for special needs populaƟons during
the planning period.
Program 8: FacilitaƟng
Affordable Housing
Development
Annually pursue funding at the local, regional, state, and federal levels such as State CDBG, CalHome, PLHA, and Project Homekey funds. Work with other jurisdicƟons in Merced County to create a regional list of affordable housing developers. Annually conduct outreach to these developers with informaƟon on potenƟal sites, available regulatory concessions and incenƟves, and potenƟal funding opportuniƟes. Revise the Density Bonus Ordinance in compliance with State law (Government Code §65915) to equally provide for density bonuses in all zoning districts where residenƟal uses are permiƩed and to include provisions relaƟve to density bonuses, incenƟves, and concessions as required by state law. Facilitate the development of affordable housing through the provision of regulatory concessions and incenƟves. ConƟnue to review permit fees annually to ensure fees do not inhibit the development of affordable housing and review the City’s development impact fees and revise to be compeƟƟve with other ciƟes in the region by January 31, 2026. ConƟnue to offer fee reducƟons for senior and special needs housing units. ResidenƟal Development Standards for Religious FaciliƟes: SB 4 (Housing on Higher EducaƟon InsƟtuƟon and Religious InsƟtuƟon Sites), effecƟve in January 2024, ensures that churches, faith insƟtuƟons, and nonprofit colleges are able to build affordable housing on their land without having to go through an expensive and difficult rezoning and discreƟonary approval process. AB 1851 (Religious Facility Housing) provides relief in parking requirements when a religious insƟtuƟon partners with a nonprofit organizaƟon to provide affordable housing on site. AB 1851 applies only to religious facility properƟes in residenƟal zones or nonresidenƟal zones that also allow residenƟal uses. Establishing standards for residenƟal uses on religious faciliƟes sites could provide opportuniƟes for housing in a variety of locaƟons throughout the City, providing mobility opƟons for residents. To promote these opportuniƟes, the City would create an outreach and technical advisory program that would consist of:
ConducƟng a workshop in 2027 and 2029 to explain SB 4, AB 1851 and how it can apply to religious facility properƟes in Livingston. Invite religious facility owners and local nonprofit developers to parƟcipate. Provide informaƟonal materials on the development process City staff will provide technical assistance to religious facility property owners to assist with the project enƟtlements. Review the General Plan and applicable zoning regulaƟons, and revise as necessary, to facilitate affordable housing on religious facility sites. Beginning in 2025, and annually thereaŌer, apply for state and federal funds to facilitate the development of affordable housing, including housing for extremely low-income households and those with special housing needs. Partner with nonprofit housing developers to support the enƟtlement of at least 75 subsidized housing units affordable to extremely low-, very low-, and low-income households in the city during the planning period, prioriƟzing sites near services.
Annually
January 31, 2026
Conduct two SB 4
workshops by 2029.
Determine the
feasibility of a
homesharing
program by
December 2026;
implement by July
2027 if feasible.
Citywide Increase the percent of the city’s
housing stock that is mulƟfamily from
11 percent to 14 percent by December
2030, using 2017-2021 ACS data as a
baseline.
Increase housing mobility by adding at
least one new housing opportunity in
Livingston through the use of ADUs,
homesharing program, and/or SB4
implementaƟon.
EnƟtle at least 75 subsidized housing
units affordable to extremely low-, very
low-, and low-income households in
the city during the planning period,
including at least 50 units in South
Livingston.
850 Page 533 of 912
City of Livingston
Housing Plan
2024-2032 Housing Element E7-25
Program Specific Commitment Timeline Geographic TargeƟng Eight-Year Metrics Place-based Strategies for Neighborhood RevitalizaƟon
Program 10: Housing
PreservaƟon and
RehabilitaƟon
By January 2026 and annually thereaŌer, adverƟse available rehabilitaƟon grant programs on the City’s website. Ensure that Code Enforcement has the informaƟon when addressing enforcement cases.
UƟlize the Code Enforcement Division and annually analyze data to track areas where rehabilitaƟon needs are heightened. Annually monitor state and federal funding opportuniƟes, such as SecƟon 504 loans and HOME funds. Maintain and manage a list of exisƟng rehabilitaƟon loans. Conduct a housing condiƟons survey by December 31, 2027.
StarƟng 2026
Annually
By December 2027
Citywide with emphasis
on South and Central
Livingston where aging
residenƟal units are more
prevalent.
If feasible, apply for one funding
opportunity for residenƟal
rehabilitaƟon assistance annually.
Annually refer three households to
PG&E and the Merced IrrigaƟon
District’s (MID) weatherizaƟon and
energy assistance programs.
Program 12: Community
and Economic
Development
Coordinate with the Public Works Department to review the City’s Capital Improvement Projects (CIP) to ensure public faciliƟes and infrastructure are supporƟve of the needs of underserved communiƟes.
Annually conduct outreach to industrial and commercial businesses to locate in Livingston. ConƟnue to idenƟfy and apply for loans and grants to improve and upgrade City infrastructure, such as the water, sewer, storm drainage, and circulaƟon system in order to meet future residenƟal, industrial, and commercial demand. Give priority to providing infrastructure to vacant R-3 parcels, especially those in the southeastern porƟon of the city, as well as DTC parcels in order to support the development of mulƟfamily housing in these areas. Encourage the use of pedestrian-oriented design, greenbelts, parks, bicycle routes, and open-space to enhance new residenƟal neighborhoods in Livingston.
Support developers in using designs that encourage Smart Growth and consistency with the City’s Design Guidelines. Concurrent with Housing Element adopƟon, at least every other year, idenƟfy funding sources and apply for funding to address addiƟonal community development issues such as neighborhood revitalizaƟon, parks, safe routes to school, community faciliƟes, or addressing polluƟon burdens, with the goal of securing funding for two addiƟonal community revitalizaƟon projects during the planning period.
FY 2025-2026
Annually
Citywide with emphasis
on Central Livingston.
Complete three CIP projects during the
planning period.
Support the relocaƟon or
establishment of two industrial or
commercial businesses in Livingston
during the planning period.
Apply for addiƟonal funding for
community revitalizaƟon projects with
the goal of securing funding for two
addiƟonal projects during the planning
period.
Tenant ProtecƟon and AnƟ-displacement
Program 1: Regional
CollaboraƟon
ParƟcipate in regional meeƟngs related to housing and homeless issues to pursue funding and coordinaƟon opportuniƟes. Partner with the Merced County Human Services Agency and/or the Merced County Community AcƟon Agency to proacƟvely address shelter, housing and support services for people experiencing homelessness.
Work with the Merced ConƟnuum of Care to update and implement the 10-Year Plan to End Homelessness during the planning period.
Annually Citywide Assist with the compleƟon of the 10-
Year Plan to End Homelessness and
idenƟfy regional strategies to address
homelessness during the planning
period.
Program 4: Replacement
Housing
Amend the Zoning Code to address the replacement housing requirements. January 31, 2026 N/A Replace all units as required pursuant to AB 1397.
Program 9: PreservaƟon of
At-Risk Housing
Monitor affordable units during the planning period.
Maintain contact with property owners of affordable housing regarding any change in status/intent or need for assistance, such as rehabilitaƟon assistance. Maintain the AB 987 database to include detailed informaƟon on all subsidized units, including those that have affordability covenants.
Annually Citywide Preserve all 181 affordable housing
units.
851 Page 534 of 912
Merced County Association of Governments
Merced County Multi-Jurisdictional Housing Element (2024-2032) E7-26
This page intentionally left blank.
852 Page 535 of 912
City of Livingston
Housing Plan
2024-2032 Housing Element E7-27
E7.4 Quantified Objectives
Livingston has established quantified objectives for housing production and rehabilitation for the Housing Element. These objectives are based upon expected availability of resources to address the City’s housing needs, expectations regarding future housing development, as well as prior objectives established in earlier housing plans. Table E7-2 below summarizes the City’s quantified objectives for implementing its various programs and actions outlined above.
Table E7-2 Quantified Objectives 2024-2032
Target Income and Affordability Level New Construction Rehabilitation Conservation Extremely Low 137 2 60
Very Low 174 3 60
Low 213 3 61
Moderate 169 – –
Above Moderate 404 – –
853 Page 536 of 912
Merced County Association of Governments
Merced County Multi-Jurisdictional Housing Element (2024-2032) E7-28
This page intentionally left blank.
854 Page 537 of 912
Attachment D-1 Map of Vacant Sites, Existing Zoning
ATTACHMENT D
Figure E6-2 Livingston Site Inventory (Current Zoning)
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Attachment D-2 Map of Vacant Sites – Proposed Zoning
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ATTACHMENT E
McClatchy
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Bellingham Herald
Centre Daily Times
Sun Herald
Idaho Statesman
Bradenton Herald
The Charlotte Observer
The State
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Durham I The Herald-Sun
Fort Worth Star-Telegram
The Fresno Bee
The Island Packet
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Lexington Herald-Leader
The Telegraph - Macon
Merced Sun-Star
Miami Herald
El Nuevo Herald
The Modesto Bee
The Sun News - Myrtle Beech
Raleigh News & Observer
Rock Hill I The Herald
The Sacramento Bee
San Luis Obispo Tribune
Tacoma I The News Tribune
Tri-City Herald
The Wichita Eagle
The Olympian
AFFIDAVIT OF PUBLICATION
Account# Order Number
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""-1,1<,, .... t..t.,D,...,,, i-11e...., H~t,DffisllJ' IJDtnllt, (ffl'I. mJHP.i::-m~ fmu.11n'laf -- AH!dimlll 1Mil111nlill -~- ff<-11 P-"! l,R.JI i:l'ilii The R-3 High Oent.itv Residential D:strict ~ intended to p1ovide livlng areas. within the city where development prOVJdes for high iJll"P.lly'CIJC~lf'~iu ... n~.,zr.~fnuP! 1r,-•ffdjtnY<ip~mml•Hc1ad:cinal anaimL...., ...,..,,_.__,. __ '11'- ~npnhf f11'Dffl .-i:A.dbne-_mb at1·21l:tlt'.h111111I f'tan Eil ll!DIJe,icfrWni IJ il~~hf dl 881 li'hffli"~ d~;n~-tl fll l~gll!n-t:;;,;;p.1~ 1n11gl~i'!~ •1d~-!!1 ~anumrnrill!II. 1111)8C1s to the environmental i~ analyzed in the 2000 Oenenil Plan EIR. The Addendum is 8\lelfabie at https,:IAWl'W. ct,:t.m.-,~-... ---<I•- ;;dlll.
The focus of the anetysis in the Addendum is ctianges in residential units and associated population Iha! coukt occur as a re-suit -.:J it~Bl~m,l~. Zfl-gli ,P.~~IPdbfp.g WIJ;l ;1f'EWI~ ALraia4P.•i'<~ ltw population growth resulting ftom the amendments would be within the assumed popuJation buldout of 68.528 people analyzed p!lii ";/. ~Gia"!adJ'2°i UI °tta~e:~ l'i l.'1'1_..-..a1~d.iliil1)rititli~ ~-tilt!lij,ll l~ffn to Gonor8' Plan BR due to the invotvement of significant new environmental effects or e wbstantiai lncn!ase in the severity of -----· l.im;ston'6 proposed 61h cyde Housing Bement is incorporated as Appendl.t E of Iha Merced County Muh>- ~PJal ~J' lilntnl A ei;.f cl t, ■ fl~ Jll"f".-n ca:c ta 'UMBl !SI h -t- h6 ial::d IMWl'vwbJi -M h :-G:i:51 ea:dl Jwi-Aert,'L(;D ht ln:51 • Sh tlll • In N•n ~~Fil .!I! :tJt._l'sv«ffl' W":Et ~@rttlmm:oo ctP,rxtr,HiMJmiltr1f::lstcOO:ro«d'cpffr:roJr,zriQZsH!l::Wr:Ci~ !Jtvdi fb ■ ~ 'EillTl:ftu.at wil cmLtht 11::apt,v ■ IWHA..lbn ,.a"iV11 lti NCl2'1'D91~n bi H .Cff Cinr.eif iPo lk ~ lll¾m2fh.~ euwp12A,-Gl ~ "IIIIW!II&~ 51'-1'lr.t-OT~;11-r-la:1~ D1 t1a1C&l'(1 ~a:!1~r='.i■ honb1-X11,t,lilill.
Jin;
f1liRl
h:s;,.i:u ~emns:-tv..a11.n,aam~HJ1.nlg
I n~:::qnlm:~t•• &1,:wif~~
1..<: --- ... rbr.~•&~C)idc-~Dam.ffortlr
,-,c-dd3ill~ll~
Tit~lmpi:.a 11,:J~J.-! J'.lXlpra
i:ll;v C:O_y_a;:li Chl!CM1, liliJ IIMn ~ \Mni'Kin
"fh ■ ~icmml'lg .. m H~ IJtc Cily i!aa,:i Cb&tJa..,, ~ I.II.Mt !a~ l.lnt~ IPJ::+ta fliftillllflir' l'it ibt-4 J)(0ject are available for review at tho City of Uvingston, 1416 C Streel .nor July 31 , 2026. Any persons interested in the above application are jnvr.ed to aubmil comments In writing, or a-ally prior to ot at the Public Hearing. Pfease wbmit written comm~ts Ii P\M6~6i,,wvf , C~rllit'ftUUJlft. l•N:C U,':nlUM1 'CA9&.J}.l..11'~{205)~£t:t.,,IDll, L4 ff' E!:lmd'.:.vi,,'t'I, ~
I
Order PO
Declaration of Publication
2015.5 C.C.P.
STATE OF CALIFORNIA)
)ss.
County of Merced)
the undersigned,
make oath and swear that
I Ccl5 Depth
3.0 201.0L
I
: CYPRESS MEDIA, LLC, publishers of The Merced Sun, a newspaper and E-Edition of general circulation, printed and digitally published in the City of Merced, County of Merced and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Merced, State of California, under the date of July 14, 1964 Case Number 33224 that the notice, of which the annexed is the printed or digital copy, has been published in each regular and entire , issue of said newspaper and not in any supplement thereof on the : following dates, to wit:
' I
I
: 1.0 insertion(s) published on:
: 07 /22/26 Print I
Print Tearsheet Link
Marketplace Link
S lierry Cliasteen
Sherry Chasteen
)f.mancfa <R.pcfe{a
Sworn to and subscribed before
meon Jul 22, 2026, 10:31 AM ED1
Onlinr Notary Puhlic. This notarial act involved the usc of onlinc audio/video communication technology. Nolarit.atlon facilitated by SIGNlX"
857 of 912
To All llr1l!lre:sleil Portl~
NOTICE OF PUBLIC HEARING
CITY Of' UVINGSTON
NOTICE IS HEREBY GIVEN that the Planning Commission will hold a Public Hearing at a Regular Planning Commission Meeting on August 11, 2026, at 7:00 pm to consider the General Plan Amendments and Rezones listed below and to consider making a recommendation on the City's Draft 6th Cycle Housing Element Update.
Gelllllr;p! R.,B ~moorftnanl ,_.,alc-bli,W WI @l'.A,21l2;,:Q2,,llJ!Pl/lllll GPfl 2~~ B.\mlOil: A"'11@U9') NQ REI; iNZ#::02 1t/T'Jcf\ BEZ 2025-07-A request to amend the General Plan Land Use Diagram and Zoning Map for (6) properties in the City of Livingston as a part of a Housing implementation program of the City's 6th Cycle Housing Element. The proposed City applications are to re-designate the properties as follows:
City '
Planning Existing Proposed
Alllcat!on Location Existing General Plan Proposed General Plan ' mbo111 Zoning Land Use Zoning Land Use
GPA2025-02 North side of B Street, Highway Service Seruce High Density High Density REZONE west of Prusso Street Commercial Com""8'-1il ~ •l•rrd~I Rrlll<ll!!tltiDI 202~..02 (APN: 022-010-025) (C·3) (SC) (R-3) (HD)
5.0Acres
GP:,r,.21l25-00 FSlr~I Low Density Low Density High Density High Density REZONE (APN: 022-010-018) ~lll!lnllnl Residential R.c!i l'dlo.lltli I Rn ldlarr!IRI 21Ji~-4}3 ~.~ ACflil!I (R-1) (LD) (R-3) (HD)
GPA2025-04 126 P!!i!lOh I\W!t"IUEI Low Density Low Density High Density High Density RE2.CJIIIE (APN: 047-280-003) Residential Residential Resldentlal Rill<f&ntiat
20.S.(),f , ~ (R-1) (LD) (R-3) (HD)
GPA2025-05 1018 Peach Ave Low Density Low Density High Density High Density REZOOE (APN: 047-310-019) Residential Residential ResldenUal Rl!'lld..nrll~I 2i)2i!,-(I!; ll.f Btrft (R-1) (LD) (R-3) (HD)
GPA2025-06 1154 Peach Ave Low Density Low Density High Density High Density RE2;CmEe (APN: 047-310-020) Residential ftesllf8 j Residential R~lde,nlli l' 21)'.25-05 l ,Q ~1;r115 (R-1) (LD) (R-3) (HD)
GPA2025-07 Peach Avenue Low Density Low Density High Density High Density REZONE (APN: 022-050-009) Residential e&ide;n R-o~ldllf1Jl>1 I Residential 2025-07 16.8 acres (R-1) (LD) (R-3) (HD)
The R-3 High Density Residential District is inlended to provide living areas within the city where development provides for high density concentrations of dwelling units in various housing types and styles with provisions for onsite recreational amenities. New development shall conform to City adopted design guidelines.
Environmental Reyjew an Addendum to the 2000 General Plan EIR was prepared lo analyze potential changes in environmental effecls associated with lhe Housing Element 2024-2032, Zoning Text Amendments, and compares the potenUal environmental impacts to the environmental impacts analyzed in the 2000 General Plan EIR. The Addendum is available at: https:/lwww. cityoflivingslon.orglcommdav/page/dty~ivingston-housing.-element-update.
The focus of the analysis in the Addendum is changes In residential units and associated population that could occur as a result of the Housing Element 2024-2032, Zoning Text Amendments, and Zoning Map Amendments. As noled in the Addendum, the population growth resulting from the amendments would be within the assumed population buildout of 68,528 people analyzed in the 2000 General Plan EIR. The Addendum concludes that there are no substantial changes that will require major revisions to General Plan EIR due to the involvement of significant new environmental effects or a substantial increase in the severity of previously identified significant effects.
Livingston's proposed 6th cycle Housing Element is incorporated as Appendix E of the Merced County MultiJurisdictional Housing Element. A copy of the Housing Element can be viewed at the web link listed above:
Mm ?1 tb~ wbjact ";,tt<;I• Ii IM @ll)l rd!D t;ie IOI,!~ pt C(l)' HBU •JI, lbe Me 9ng •oil ,al IM [gJq,,:tJq Wd!ini:
hligo·llwtlfl,dl:JAPiYOA:MC.cm'~ BOB1CP!i/:!l1ll/))De,M,,ooQ-Q<dXli"llldPGJpil'fflz/4!tl;it:-Q~MJw1PIUl1~tl ~ The Planning Commission will consider adopting a resolution relaying its recommendation to the City Council on the proposed GPA 2025-02 through 2025-07 and Rezones 2025-02 through 2025-07 and a separate resolution on the City's Draft 6th Cycle Housing Element 2024-2032.
Regular Planning Commission Meeting and Public Hearing
1. Redesignation of six properties to allow R-3 Zoning
Districl land uses.
2. City of Livingston's Sixth Cycle Housing Elemenl for the pertod of 2024-2032.
Tuesday, August 11, 2026, at 7:00 pm
City Counctl Chambers, 663 Main Street, Livingston.
The Public Hearing will be held in the City Council Chambers, 663 Main Street, Livingston. Project materials for the above project are available for review at the City of Livingston, 1416 C Street, after July 31, 2026. Any persons interested In the above applicaUon are invited to submit comments in writing, or orally prior to or at the Public Hearing. Please submit written comments to: Planning Department, City of Livingston, 1416 C Street, Livingston, CA 95334, or call (209) 39Ml041, Ext. 112.
Dated: July 17, 2026
' ft/ ______ _
Planning Commission Secretary
858 of 912
STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
651 Bannon Street, Suite 400
Sacramento, CA 95811
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
July 21, 2026
Jose Ramirez, City Manager
City of Livingston
1416 C Street
Livingston, CA 95334
Dear Jose Ramirez:
RE: City of Livingston’s 6th Cycle (2024-2032) Draft Amendment to the Housing Element
Thank you for submitting the City of Livingston’s (City) draft amendment to the housing element that was received for review on June 18, 2026, along with technical corrections received July 8, 2026. Pursuant to Government Code section 65585, the California Department of Housing and Community Development (HCD) is reporting the results of its review.
On December 10, 2025, HCD found the City’s revised draft housing element met the statutory requirements of State Housing Element Law (Gov. Code, § 65580 et seq.).
However, the housing element could not be found in substantial compliance until the City had completed necessary rezones (see below). This draft amendment, including technical corrections, does not impact HCD’s December 10, 2025 finding that the housing element meets statutory requirements. The housing element will comply with State Housing Element Law when rezoning is complete and the element is adopted, submitted to, and approved by HCD, in accordance with Government Code section 65585.
A jurisdiction that did not adopt a compliant housing element within 120 days from the statutory deadline must rezone sites within one year of the statutory deadline and meet requirements pursuant to Government Code sections 65583, subdivision (c)(1)(A) and 65583.2, subdivisions (c), (h) and (i). As this year has passed and rezoning has not been completed (Programs 2 and 3), the housing element is out of compliance and will remain out of compliance until the rezoning has been completed. Once the City completes the rezone, a copy of the resolution or ordinance should be transmitted to HCD. HCD will review the documentation and issue correspondence identifying the updated status of the City housing element compliance.
ATTACHMENT F
e
859 of 912
Jose Ramirez, City Manager
As a reminder, the City’s 6th cycle housing element was due January 31, 2024. As of today, the City has not completed the housing element process for the 6th cycle. The City’s 5th cycle housing element no longer satisfies statutory requirements. HCD encourages the City to expeditiously move forward with rezoning and adoption and submit to HCD to regain housing element compliance.
Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element process, the City should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD.
Pursuant to Government Code section 65583.3, subdivision (b), the City must utilize standards, forms, and definitions adopted by HCD when preparing the sites inventory and submit an electronic version of the sites inventory. While the City has submitted an electronic version of the sites inventory, given the changes, any future adopted versions of the element must also submit the electronic version of the sites inventory to [email protected].
Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant, the Affordable Housing and Sustainable Communities program, and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources.
HCD appreciates the ongoing coordination and effort from the housing element update team as part of the multi-jurisdictional housing element process and looks forward to receiving the City’s adopted housing element and rezones. HCD welcomes the opportunity to provide technical assistance as the City completes its rezoning, including reviewing draft documents. If you have any questions or need additional technical assistance, please contact Andrea Grant, of our staff, at [email protected].
Sincerely,
Paul McDougall
860 Page 543 of 912
Jose Ramirez, City Manager
Senior Program Manager
861 Page 544 of 912
City of Livingston 2024-2032 Housing
Element Update
General Plan EIR Addendum
State Clearinghouse Number 199042020
prepared by
City of Livingston
Community Development Department
1416 C Street
Livingston, California 95334
Contact: Martha Abeloe, Senior Administrative Analyst
prepared with the assistance of
Rincon Consultants, Inc.
4589 North Marty Avenue, Suite 102
Fresno, California 93722
June 2026
ATTACHMENT G
r
RINCON CONSULTANTS, INC.
Environmental Scientists I Planners I Engineers
rinconconsultants.com
862 of 912
863 Page 546 of 912
Table of Contents
EIR Addendum i
Table of Contents
Abbreviations and Acronyms.................................................................................................................iii 1 Introduction and Project Summary ................................................................................................ 5
1.1 Project Title ........................................................................................................................... 5
1.2 Lead Agency Name and Address........................................................................................... 5
1.3 Contact Person and Phone Number...................................................................................... 5
1.4 Project Location..................................................................................................................... 5
1.5 Project Description................................................................................................................ 8
1.6 Discretionary Action............................................................................................................13
1.7 Prior Environmental Document(s).......................................................................................13
1.8 Location of Prior Environmental Document(s)....................................................................14 2 Project Context.............................................................................................................................15
2.1 Purpose of the Housing Element.........................................................................................15
2.2 Changes in State Law...........................................................................................................16
2.3 City of Livingston General Plan............................................................................................16
2.4 Livingston General Plan EIR.................................................................................................18
2.5 Buildout of Proposed Project and Comparison to the 1999 General Plan EIR....................19 3 Overview of CEQA Guidelines Sections 15162 and 15164 ...........................................................21 4 Environmental Effects and Determination...................................................................................23
4.1 Environmental Areas Determined to Have New or Substantially More Severe Significant Effects Compared to Those Identified in the Previous EIR................................23
4.2 Determination .....................................................................................................................24 5 Addendum Evaluation Methodology............................................................................................25
5.1 General Plan Consistency ....................................................................................................25
5.2 Preliminary Environmental Constraints..............................................................................26 6 Addendum Evaluation ..................................................................................................................27
6.1 Aesthetics............................................................................................................................27
6.2 Agriculture and Forestry Services .......................................................................................28
6.3 Air Quality............................................................................................................................28
6.4 Biological Resources............................................................................................................29
6.5 Cultural Resources...............................................................................................................30
6.6 Energy..................................................................................................................................31
6.7 Geology and Soils................................................................................................................31
6.8 Greenhouse Gas Emissions .................................................................................................32
6.9 Hazards and Hazardous Materials.......................................................................................33 864 Page 547 of 912
City of Livingston
City of Livingston 2024-2032 Housing Element Update
ii
6.10 Hydrology and Water Quality..............................................................................................34
6.11 Land Use and Planning ........................................................................................................35
6.12 Mineral Resources...............................................................................................................35
6.13 Noise....................................................................................................................................36
6.14 Population and Housing ......................................................................................................36
6.15 Public Services.....................................................................................................................37
6.16 Recreation ...........................................................................................................................38
6.17 Transportation.....................................................................................................................39
6.18 Tribal Cultural Resources.....................................................................................................40
6.19 Utilities and Service Systems...............................................................................................41
6.20 Wildfire................................................................................................................................42
6.21 Cumulative Impacts.............................................................................................................42 7 Summary of Findings ....................................................................................................................44 8 References....................................................................................................................................46
8.1 Bibliography.........................................................................................................................46
8.2 List of Preparers ..................................................................................................................46 Tables
Table 1 2024-2032 Regional Housing Need Allocation .....................................................................8 Table 2 Housing Unit Yield for Opportunity Sites .............................................................................9 Table 3 Housing Element Site Inventory Summary........................................................................ 10 Table 4 Site Rezoning ..................................................................................................................... 13 Table 5 Sites Used in Previous Planning Periods................................Error! Bookmark not defined.
Table 6 Summary of Areas of Potential Impact under the 1999 General Plan EIR ........................ 18 Table 7 Total Development Evaluated in the 1999 General Plan EIR Compared to the Housing Element Update .................................................................................................. 20 Figures
Figure 1 Regional Location ............................................................................................... 6 Figure 2 City Limits............................................................................................................ 7 Figure 3 Housing Opportunity Sites and Rezoning Program Sites..................................11 865 Page 548 of 912
Abbreviations and Acronyms
EIR Addendum iii
Abbreviations and Acronyms
AB Assembly Bill
AMI Area Median Income
CEQA California Environmental Quality Act
DOF California Department of Finance
EIR Environmental Impact Report
GHG Greenhouse gas
HCD California Department of Housing and Community Development MCAG Merced County Association of Governments
RHNA Regional Housing Needs Assessment
SB Senate Bill
866 Page 549 of 912
City of Livingston
City of Livingston 2024-2032 Housing Element Update
iv
This page intentionally left blank.
867 Page 550 of 912
Introduction and Project Summary
EIR Addendum 5
1 Introduction and Project Summary
1.1 Project Title
City of Livingston 2024-2032 Housing Element Update
1.2 Lead Agency Name and Address
City of Livingston
Community Development Department
1416 C Street
Livingston, California 95334
1.3 Contact Person and Phone Number
Martha Abeloe, Senior Administrative Analyst
(209) 394-5540
1.4 Project Location
The City of Livingston is located along State Route 99 in northern Merced County, approximately seven miles to the southeast of the City of Atwater. Figure 1 shows a regional map of the City’s relationship to nearby cities, communities, and the regional transportation system, and Figure 2 shows the city limits. The City is bisected by State Route 99, a major north-south interstate transportation artery, and also by the Southern Pacific Railroad. The Housing Element Update applies to all lands within the City’s limits.
868 Page 551 of 912
City of Livingston
City of Livingston 2024-2032 Housing Element Update
6 Figure 1 Regional Location
.,
> Nunes Rd "C .. 0:
C " ~ 'c ~ C u .'.l
3 ~
W Main St
33 0 2.5 5 Miles
q. "C
0: ~
~ ~-.,,,_ ~
-?';,
E Monte Vista Ave
Turlock "' i.S- ,.,~
GeorgeJ
Hatfield State
Recreation Area
Imagery provi e y Esri an its icensors c 2024.
[c:::::il Livingston City Limits * Project Location
N
A
"C
0:
C
0 t,
~
.,, "' "C
0:
C
0 ~ "' z
Delhi
"C
0:
C
~ :i:
z
E Keyes Rd c.1>-J16
East Ave
CR Jl7
Meadow Dr
E Bellevue Rd
l;ii Sacramento
Vacaville • Fairfield
Vallejo
Elk Grove
iii Antioch Stockton
Oakland ¥ - _ Livermore
s:!Mate~ fjl
Modesto
Fremont
iii "!...A....
X Merced
San Jose
Santa Cruz 152 Los Banos
Salinas
Monterey 0 v Soledad
Turlock Rd
Stanislaus
National
Forest
Keyes Rd
Yosemite
National
Park
Sierra
National
Forest
Fresno
Lemoore Visalia
Coalinga
869 of 912
Introduction and Project Summary
EIR Addendum 7
Figure 2 City Limits
~
0.3 0.6 N
A
870 of 912
City of Livingston
City of Livingston 2024-2032 Housing Element Update
8 1.5 Project Description
The project consists of a comprehensive update to the City of Livingston’s Housing Element and Rezoning (hereinafter referred to as the “project” or “proposed project”) (herein referred to as “proposed project” or “project”) of the City’s General Plan.
Housing Element Update
The Housing Element is one of the seven General Plan elements required by State law (Government Code Section 65302). Unlike other General Plan elements, it is required by State law to be updated every eight years (California Government Code Section 65588). Each eight-year period is referred to as a “cycle.” For Livingston, the current (6th) cycle planning period runs from December 2024 through December 2032.
Regional Housing Needs Allocation (RHNA) and Site Inventory The RHNA reflects the California Department of Housing and Community Development’s determination of the projected housing needs in a region by household income level as a percent of the Area Median Income (AMI). The Merced County Association of Governments (MCAG) was tasked with allocating this regional housing need among the jurisdictions in the MCAG region, which includes the City of Livingston. Table 1 shows the breakdown of the RHNA for Livingston during the 2024-2032 planning period.
Table 1 2024-2032 Regional Housing Need Allocation
Income Group
Livingston Unit
Needs
Percent of
Total Units
Regional Unit Needs
(Merced County)
Percent of
Regional Units
Extremely Low (< 30% of AMI)* 137 12.5% - -
Very low (≤ 50% AMI) 174 15.9% 5,516 24.4%
Low (> 50-80% AMI) 213 19.4% 3,780 16.7%
Moderate (>80-120% AMI) 169 15.4% 3,930 17.4%
Above Moderate (>120% AMI) 404 36.8% 9,394 41.5%
Total 1,097 100% 22,620 100%
AMI = Area Median Income (established annually by the Department of Housing and Urban Development) *The RHNA does not project the need for extremely low-income units, but pursuant to Government Code (GC) Section 65583(a), the City must project its extremely low-income housing needs based on Census income distribution or assume 50 percent of the very lowincome units required by the RHNA as extremely low-income units. The City’s very low-income requirement is 311 units. The number of extremely low-income units that the City must plan for shown here was projected using Census data. According to the Comprehensive Housing Affordability Strategy (CHAS), data developed by HUD, 25.5 percent of households in the city earned less than 50 percent of the AMI. Among these households, 44.0 percent earned incomes below 30 percent (extremely low). Therefore, the City’s RHNA allocation of 311 very low-income units was distributed as 137 extremely low (44 percent of the 311 very low-income units required by the RHNA) and 174 very low-income units. However, for purposes of identifying adequate sites for the RHNA allocation, State law does not mandate the separate accounting for the extremely low-income category.
Source: MCAG, 2022. Final Regional Housing Needs Plan.
871 Page 554 of 912
Introduction and Project Summary
EIR Addendum 9
Site Inventory
The Housing Element must demonstrate through the Site Inventory that the City has capacity to meet its share of the RHNA. Livingston’s share of the RHNA for the current planning period is 1,097 units, consisting of 524 lower-income housing units, 169 moderate-income housing units, and 404 above moderate-income housing units. The City must demonstrate the availability of sites with appropriate zoning and development standards that can facilitate and encourage the development of such units. The Housing Element Update includes a Site Inventory that accommodates Livingston’s share of the RHNA plus a buffer of additional housing units as recommended by the HCD. The Site Inventory identifies opportunity sites, which refer to parcels of land identified in a jurisdiction’s Housing Element site inventory as having realistic potential for residential development within the planning period.
The City would meet its RHNA through planned, approved, and pending projects projected to develop during the planning period and adequate sites identified in the Site Inventory, including opportunity sites.
PLANNED, APPROVED, AND PENDING PROJECTS
Jurisdictions may count planned, approved, and pending residential units as credits towards their RHNA. These units can be counted toward each income level according to demonstrated affordability, provided it can be demonstrated that the units can be built within the planning period.
As shown in Jurisdictions may count the potential for ADU development as credits towards their RHNA. Legislation in California has recently facilitated the increased permitting and production of ADUs in many communities. The City issued an average of one ADU building permit per year during the last six years. Extrapolated over the 2024-2032 Housing Element planning period, the City can assume the production of eight ADUs.
Table 2, the City currently has five buildings pending construction, which may be credited towards the City’s RHNA, totaling 645 units, including 160 low-income units and 485 above moderateincome units.
ADUS
Jurisdictions may count the potential for ADU development as credits towards their RHNA.
Legislation in California has recently facilitated the increased permitting and production of ADUs in many communities. The City issued an average of one ADU building permit per year during the last six years. Extrapolated over the 2024-2032 Housing Element planning period, the City can assume the production of eight ADUs.
Table 2 Housing Unit Yield for Opportunity Sites
Lower Income Moderate Income
Above
Moderate Income Total
RHNA Allocation 524 169 404 1,097
Planned and Approved Units 160 0 485 645
ADUs Anticipated 0 0 8 8
Total Unit Credits 160 0 493 653
Remaining RHNA Obligation 364 169 0 533
Source: City of Livingston 2026
872 Page 555 of 912
City of Livingston
City of Livingston 2024-2032 Housing Element Update
10 The City has not identified enough units through the credits described above (ADU development and pending, approved, or permitted projects) to meet the 6th Cycle RHNA for all categories.
Table 3 shows the City’s RHNA and housing unit yield per site category. Therefore, the City identified 14 opportunity sites and six rezone sites to include in the Site Inventory to accommodate 416 lowerincome units, 357 moderate-income units, and 328 above moderate-income units. The summary of the residential Site Inventory is presented in Table 3 and shown in Figure 3. Please refer to Chapter E4, Livingston Housing Resources, of the Housing Element Update for details on housing opportunity sites.
Of the 20 sites included in the City’s Site Inventory, 18 are vacant and two are partially developed.
The two partially developed sites currently support single-family residential uses on large parcels that also include substantial areas of vacant land.
Table 3 Housing Element Site Inventory Summary
Lower
Income
Moderate
Income
Above
Moderate
Income Total
Remaining RHNA 364 169 0 533
Opportunity Sites (North Livingston) 0 0 3 3
Opportunity Sites (Central Livingston) 40 35 2 77
Rezone Sites 376 322 323 1,021
Total Capacity of Opportunity and Rezone
Sites 416 357 328 1,101
Source: City of Livingston 2026
873 Page 556 of 912
Introduction and Project Summary
EIR Addendum 11
Figure 3 Housing Opportunity Sites and Rezoning Program Sites
lc:::JI City Boundary
C - -
l - - I Neighborhoods
D Rezone Sites*
Site Inventory by Zoning
- DTC
- R-2
- R-3
• zoning for Rezone Sites show
proposed zoning changes.
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City of Livingston
City of Livingston 2024-2032 Housing Element Update
12 Contents of the Housing Element
The 2024-2032 Housing Element Update has the following major components:
A Review of Past Accomplishments to review the housing programs adopted in the 2016-2024 Housing Element (5th cycle) and evaluate the effectiveness of these programs in delivering housing services and assistance. (Chapter E1)
Documentation of Public Participation efforts Livingston made to engage the public and gather input to inform development of this Housing Element Update. (Chapter E2) A Housing Needs Assessment for the City of Livingston, summarizing demographic, employment, and housing characteristics. (Chapter E3)
A Housing Constraints Analysis analyzing constraints to the development of adequate and affordable housing including market, governmental, infrastructure, and environmental factors. (Chapter E4)
An analysis of issues related to Affirmatively Furthering Fair Housing (AFFH) for the City of Livingston. (Chapter E5)
Documentation of methodology and results of the Site Inventory Analysis conducted to demonstrate the City of Livingston’s ability to meet its share of the 6th cycle RHNA. (Chapter E6) A Housing Strategy, which is comprised of the Goals, Policies, and Programs that the City intends to implement over the next eight-year planning cycle. (Chapter E7)
HOUSING PLAN GOALS, POLICIES, AND PROGRAMS
The primary objective of the Housing Element is to encourage the production of new housing units to meet the RHNA and housing for special needs populations. This is done by adopting a series of goals and policies that facilitate the development of all housing types, explore innovative housing solutions, address the needs of the City’s residents, and affirmatively further fair housing. The 2024- 2032 Housing Element Update goals, policies, and programs are summarized below and referenced throughout this Addendum as appropriate.
Regional Collaboration. The 2024-2032 Housing Element Update includes policies and programs to foster collaboration with jurisdictions within Merced County to address housing issues. Housing Development. State law requires that the goals and policies of the housing element shall encourage and facilitate the production of a range in types of housing affordable to households of varied income levels. The 2024-2032 Housing Element Update includes policies and programs to provide an adequate supply and range of housing types to meet the diverse needs of residents.
Affordable Housing. The 2024-2032 Housing Element Update includes policies and programs to facilitate the development of affordable housing and protect the existing supply of affordable housing to extremely low-, very low-, low- and moderate-income households. Housing and Neighborhood Preservation. The 2024-2032 Housing Element Update includes policies and programs to preserve and improve the City’s existing housing stock. Housing for Persons with Special Needs. The 2024-2032 Housing Element Update includes policies and programs to support and provide housing and services for people with special needs in the community.
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Introduction and Project Summary
EIR Addendum 13
Resource Conservation and Sustainable Development. The 2024-2032 Housing Element Update includes policies and programs to ensure development of energy efficient and sustainable new housing.
Affirmatively Furthering Fair Housing. The 2024-2032 Housing Element Update includes policies and programs to promote housing opportunities and access for residents regardless of age, race, religion, sex, marital status, ancestry, national origin, color, disability, or economic level in compliance with local, State, and federal fair housing laws.
Site Rezoning
As described above, the City identified six sites for rezoning to accommodate the shortfall of capacity once credits and opportunity sites were counted against the City’s share of the RHNA.
Rezone sites are located in South and Central Livingston, as shown in Figure 3. These sites encompass 50 acres and can accommodate a total of 1,021 units (376 low-income units, 322 moderate-income units, and 323 above moderate-income units). The sites would be rezoned from low-density residential and commercial to high-density residential. Site Rezoning requires General Plan Land Use Map Amendments and Zoning Map amendments to rezone the six sites as described in Table 4, below.
Table 4 Site Rezoning
Map ID APN
Current Land Use
Designation
Current
Zoning
Proposed Land Use
Designation
Proposed
Zoning
17 022-050-009 Low-Density R-1 High Density R-3
2 022-010-025 Service Commercial C-3 High Density R-3
16 022-010-018 Low-Density R-1 High Density R-3
18 047-280-003 Low-Density R-1 High Density R-3
19 047-310-020 Low-Density R-1 High Density R-3
20 047-310-019 Low-Density R-1 High Density R-3
1.6 Discretionary Action
Adoption of the Housing Element would require the following discretionary actions by the City of Livingston Planning Commission/City Council:
Approval of a General Plan Amendment to incorporate the 2024-2032 Housing Element Update Approval of a Zoning Map amendment
Consideration of this Addendum
The California Department of Housing and Community Development (HCD) will review and certify that the Housing Element complies with State law. Aside from HCD, no other approvals by outside public agencies are required.
1.7 Prior Environmental Document(s)
City of Livingston, General Plan Environmental Impact Report (1999 General Plan EIR). State Clearinghouse Number 199042020, certified November 1999. 876 Page 559 of 912
City of Livingston
City of Livingston 2024-2032 Housing Element Update
14 1.8 Location of Prior Environmental Document(s)
City of Livingston, Community Development website:
https://www.cityoflivingston.org/commdev/page/1999-general-plan-environmental-impact-report 877 Page 560 of 912
Project Context
EIR Addendum 15
2 Project Context
The California Legislature has identified the attainment of a decent home and suitable living environment for every resident as the State’s major housing goal. Recognizing the important role of local planning programs in pursuing this goal, the legislature mandated that all cities and counties prepare a housing element as part of their comprehensive general plans. Government Code Sections 65580 to 65589.8 set forth the specific components to be contained in a community’s housing element.
2.1 Purpose of the Housing Element
The Housing Element of the 1999 General Plan is designed to provide the city with a coordinated and comprehensive strategy for promoting the production of safe, decent, and affordable housing within the community.
Pursuant to the State law, the Housing Element has two main purposes:
To provide an assessment of both current and future housing needs and constraints in meeting these needs
To provide a strategy that establishes housing goals, policies, and programs The Housing Element is one of the seven General Plan elements required by State law (Government Code Section 65302). The Housing Element serves as an integrated part of the 1999 General Plan, but unlike other General Plan elements, is required by State law to be updated every eight years (California Government Code Section 65588). Each eight-year period is referred to as a “cycle,” the current cycle being the sixth.
The Housing Element identifies strategies and programs that focus on:
Conserving and improving existing affordable housing
Maximizing housing opportunities throughout the community Assisting in the provision of affordable housing
Removing governmental and other constraints to housing investment Promoting fair and equal housing opportunities
The Housing Element is an official response to the need to provide housing for all economic segments of the population, establishing goals, policies, and programs that will guide City decision making and set forth an action plan to implement these housing programs during the eight-year planning period.
The Housing Element analyzes market and governmental constraints to housing maintenance, improvement, and development; addresses conservation and improvement of the condition of existing affordable housing stock; and outlines policies that promote housing opportunities for all people. The Housing Element must identify residential sites adequate to accommodate a variety of housing types for all income levels and to meet the needs of special population groups as defined under State law (California Government Code Section 65583).
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City of Livingston
City of Livingston 2024-2032 Housing Element Update
16 2.2 Changes in State Law
The Housing Element Update has incorporated and addressed all substantive changes to State housing law since the City’s last Housing Element was adopted and certified in 2016, including but not limited to:
Affordable Housing Streamlined Approval Process: Senate Bill (SB) 35 (2017) Additional Housing Element Sites Analysis Requirements: Assembly Bill (AB) 879 (2017) and AB 1397 (2017)
Affirmatively Furthering Fair Housing: AB 686 (2017)
No-Net-Loss Zoning: SB 166 (2017)
By Right Transitional and Permanent Supportive Housing: AB 2162 (2018) and AB 101 (2019) Accessory Dwelling Units: AB 2299 (2016), SB 1069 (2016), AB 494 (2017), SB 229 (2017), AB 68 (2019), AB 881 (2019), AB 587 (2019), SB 13 (2019), and AB 671 (2019) Density Bonus: AB 1763 (2019)
Housing Crisis Act of 2019: SB 330
Surplus Land Act Amendments: AB 1486 and AB 1255 (2019) Housing Impact Fee Data: AB 1483 (2019)
Emergency and Transitional Housing Act of 2019: AB 139 (2019) Standardization of Sites Inventory Analysis and Reporting: SB 6 (2019)
2.3 City of Livingston General Plan
State law mandates that each city and county in California adopt "a comprehensive, long-term general plan,” the purpose of which is to plan for important community issues such as new growth, housing needs, and environmental protection. Furthermore, the General Plan is used to project future demand for services such as sewer, water, roadways, parks, and emergency services.
The Livingston General Plan, adopted in December 1999, is a long-term document with text and diagrams that express the goals, objectives, and policies necessary to guide the community toward achieving its vision over a 20-year period (2000 to 2020). A General Plan reflects the priorities and values of the community.
City decision-makers (e.g., City Council and Planning Commission), rely on the General Plan as the basis for development proposals, land use changes, and the provision of public facilities (e.g., roads, parks, fire stations). It is also a policy document that guides decisions related to protecting, enhancing, and providing open space, habitat conservation, arts and recreation programming, and community character.
State law requires that every General Plan, at a minimum, address certain subject categories (called "elements"), which include land use, circulation, housing, conservation of natural resources, environmental justice, open space, noise, and safety. A General Plan may also address other subjects that are of importance to the community" future, such as sustainability, community design, and public art. Livingston’s General Plan includes the following elements (City of Livingston 1999a):
Land Use
Circulation
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Project Context
EIR Addendum 17
Open Space, Conservation, and Recreation
Urban Boundary
Community Design
Noise
Public Services and Facilities
Safety
Housing
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City of Livingston
City of Livingston 2024-2032 Housing Element Update
18 2.4 Livingston General Plan EIR
The 1999 General Plan EIR addressed the potential environmental effects of the planned buildout of the City of Livingston General Plan through 2020 and concluded that General Plan implementation would result in levels of environmental impacts as detailed in Table 6. Mitigation measures in the 1999 General Plan EIR were incorporated as policies in the General Plan to reduce potential impacts from future project development.
Table 5 Summary of Areas of Potential Impact under the 1999 General Plan EIR Issue Area
Level of Significance
After Mitigation
Mitigation Proposed
in the General Plan EIR
Aesthetics and Visual Resources Less than Significant Mitigation Measure 3.7.1 Agricultural Resources Significant and Unavoidable None Air Quality Less than Significant None
Biological Resources Less than Significant Mitigation Measure 3.5.1 Cultural Resources No Impact None
Energy1 Not Analyzed None
Geology and Soils Less than Significant Mitigation Measure 3.2.2 Greenhouse Gas Emissions2 Not Analyzed None
Hazards and Hazardous Materials Less than Significant None Hydrology and Water Quality Less than Significant Mitigation Measure 3.4.1 Land Use and Planning Less than Significant None
Mineral Resources Less than Significant None
Noise Less than Significant None
Population and Housing Less than Significant None
Public Services Less than Significant None
Recreation Less than Significant None
Transportation Less than Significant Mitigation Measure 3.11.1 Tribal Cultural Resources3 Not Analyzed None
Utilities Less than Significant None
Wildfire4 Not Analyzed None
1The 1999 General Plan EIR does not analyze energy impacts in detail although Energy was a topic under the Appendix F CEQA Guidelines.
2Greenhouse Gas Emissions are required to be addressed under CEQA pursuant to SB 97, which was passed in 2010, after the General Plan EIR was certified.
3Tribal Cultural Resources are required to be addressed under CEQA pursuant to AB 52, which was passed in 2015, after the General Plan EIR was certified.
4The General Plan EIR does not discuss wildfire impacts, as it was certified before the adoption of CEQA thresholds for wildfire impacts Source: City of Livingston 1999b
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Project Context
EIR Addendum 19
1999 General Plan Buildout Assumptions
The 1999 General Plan has a planning horizon of 2020, but it does not specify or anticipate exactly when buildout would occur, as long-range demographic and economic trends are difficult to predict.
The designation of a site in the 1999 General Plan for a certain use does not necessarily mean that the site will be developed or redeveloped with that use during the planning period, as most development depends on property owner initiative. It only means that a certain site has the capacity to develop at a specified intensity by right or without changing its General Plan designation and/or zoning.
As shown in Table 7, new development under the 1999 General Plan would result in an increase of 5,000 new residential units, 2,421,065 square feet of commercial space, and 8,762,181 square feet of industrial space within City limits by 2020, for a total buildout of 7,553 residential units, 2,711,828 square feet of commercial space, and 10,456,912 square feet of industrial space by 2020.
During the 20-year time frame, this new growth would increase the City’s population by 19,996 new residents for a total of 30,551 residents by 2020, and full development of new commercial and industrial uses would increase employment opportunities in Livingston by approximately 13,164 new jobs for a total of 15,387 jobs by 2020 (City of Livingston 1999b).
2.5 Buildout of Proposed Project and Comparison to
the 1999 General Plan EIR
The Housing Element Update is programmatic in nature. It is a policy document that includes targeted programs that facilitate and guide housing development towards designated opportunity and rezone sites. Therefore, the buildout is assumed to be the housing unit capacity of the housing opportunity and rezone sites—1,101 total units. This addendum conducts a comprehensive analysis of project implementation and evaluates environmental effects of these programs and their cumulative impacts.
The total buildout for the Housing Element Update would be 1,101 units. As discussed above, new development under the General Plan would result in an increase in the City’s population by 19,996 new residents for a total of 30,551 residents by 2020 (City of Livingston 1999b).
CEQA Baseline and Comparison to the General Plan EIR
The CEQA baseline for this analysis is the maximum allowable development for residential uses under the City’s General Plan EIR. The General Plan EIR assumed a buildout of 7,553 residential units and 30,551 residents. Table 7 compares the potential buildout under the Housing Element Update to the buildout contemplated in the General Plan EIR.
As shown in Table 7, Livingston had a population of 10,490 in 1999 (City of Livingston 1999b). As of 2024, Livingston has a population of 14,286 (DOF 2024). This represents an increase of 3,796 residents and 1,326 since the 1999 General Plan EIR was certified. Growth under the 1999 General Plan has occurred at a slower rate than what was anticipated in 1999 General Plan EIR, and there is a remaining capacity of 3,674 housing units, or 16,265 persons, before the full anticipated General Plan buildout is reached.
The Housing Element Update is expected to result in an increase of approximately 1,101 units and 4,139 residents to meet its state mandated RHNA. This would result in a total City population of 18,425, which is significantly below the anticipated General Plan total buildout of 30,551 residents. 882 Page 565 of 912
City of Livingston
City of Livingston 2024-2032 Housing Element Update
20 As shown on Table 7, this increase is well within growth projections anticipated in the 1999 General Plan EIR.
The projected growth aligns with RHNA requirements and is consistent with regional housing expectations. Additionally, the Housing Element Update is not directly responsible for increasing the population but rather aims to prepare for the growth that is anticipated within the region. The proposed project is intended to assist the City in achieving the vision of the existing 1999 General Plan and provide the necessary housing units to accommodate the anticipated growth and assist the City in meeting its RHNA for the 6th Cycle Housing Element period.
The Housing Element Update would not exceed the buildout projections considered in the 1999 General Plan EIR, and because the 1999 General Plan EIR analyzed impacts associated with full General Plan buildout, the project would not be expected to result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects. A full analysis of the potential for new or substantially more severe environmental effects is provided in Section 6, Addendum Evaluation.
Table 6 Total Development Evaluated in the 1999 General Plan EIR Compared to the Housing Element Update
1999
Population
and Housing
(a)
2024
Population
and Housing
(b)
Actual
Growth
from 1999
to 2024
(c=b-a)
Buildout
Assumed
under 1999
General Plan
EIR (d)
Buildout
Remaining under
1999 General
Plan EIR (e=d-b)
Buildout under
Proposed Project
(f)
Housing
Units (# of
units)
2,553 3,879 +1,326 7,553 3,674 1,101
Population
(# of
people)
10,490 14,286 +3,796 30,551 16,265 4,1391
Source: City of Livingston 1999a, 1999b;
1 Based on Livingston persons per household of 3.7 (DOF 2024) 883 Page 566 of 912
Overview of CEQA Guidelines Sections 15162 and 15164
EIR Addendum 21
3 Overview of CEQA Guidelines Sections
15162 and 15164
CEQA Guidelines Sections 15162 and 15164 set forth the criteria for determining the appropriate additional environmental documentation, if any, to be completed when a project has a previously certified EIR.
CEQA Guidelines Section 15164 states that a lead agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary, but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. CEQA Guidelines sections 15162(a) states that no Subsequent or Supplemental EIR shall be prepared for a project with a certified EIR unless the lead agency determines, based on substantial evidence in the light of the whole record, one or more of the following:
Substantial changes are proposed in the project that will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete, shows any of the following:
A. The project will have one or more significant effects not discussed in the previous EIR.
B. Significant effects previously examined will be substantially more severe than shown in the previous EIR.
C. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative.
D. Mitigation measures or alternatives that are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.
The analysis pursuant to Section 15162 demonstrates whether the lead agency can approve the activity as being within the scope of the existing certified EIR, that an addendum to the existing EIR would be appropriate, and no new environmental document, such as a new EIR, would be required.
The addendum need not be circulated for public review but can be included in or attached to the final EIR, and the decision-making body shall consider the addendum with the final EIR prior to deciding on the project.
According to CEQA Guidelines Section 15164, an addendum to a previously certified EIR is the appropriate environmental document in instances when “only minor technical changes or additions are necessary” and when the new information does not involve new significant environmental
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City of Livingston
City of Livingston 2024-2032 Housing Element Update
22 effects or a substantial increase in the severity of a significant effect beyond those identified in the previous EIR. CEQA Guidelines Section 15164 states that:
a. The lead agency or responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. b. An addendum to an adopted negative declaration may be prepared if only minor technical changes or additions are necessary or none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR have occurred.
c. An addendum need not be circulated for public review but can be included in or attached to the final EIR.
d. The decision-making body shall consider the addendum with the final EIR prior to making a decision on the project.
e. A brief explanation of the decision not to prepare a subsequent EIR pursuant to Section 15162 should be included in an addendum to an EIR, the lead agency’s findings on the project, or elsewhere in the record.
The City has prepared this Addendum, pursuant to CEQA Guidelines Sections 15162 and 15164, to evaluate whether the project’s environmental impacts are covered by and within the scope of the 1999 General Plan EIR (November 1999, State Clearinghouse No. 199042020). The following Addendum details any changes in the project, changes in circumstances under which the project is undertaken, and/or "new information of substantial importance" that may trigger the need for a Subsequent or Supplemental EIR pursuant to CEQA Guidelines sections 15162(a).
The responses herein substantiate and support the City’s determination that the Housing Element Update policies and programs are within the scope of the 1999 General Plan EIR, do not require subsequent review under CEQA Guidelines Section 15162 and, in conjunction with the EIR, adequately analyze potential environmental impacts.
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Environmental Effects and Determination
EIR Addendum 23
4 Environmental Effects and Determination
4.1 Environmental Areas Determined to Have New or
Substantially More Severe Significant Effects
Compared to Those Identified in the Previous EIR
To provide a thorough and conservative analysis of potential impacts associated with the modified project, this addendum addresses all 20 environmental issue areas included in Appendix G of the current CEQA Guidelines. These issue areas include tribal cultural resources, an issue area added to the CEQA Guidelines in September 2016 pursuant to AB 52, after certification of the Final EIR. These issue areas also include energy and wildfire, which were added to the CEQA Guidelines in December 2018.
The subject areas checked below were determined to be new significant environmental effects or to be previously identified effects that have a substantial increase in severity either due to a change in project, change in circumstances, or new information of substantial importance, as indicated by the checklist and discussion on the following pages.
■ None
□ Aesthetics □ Agriculture and
Forestry Resources
□ Air Quality
□ Biological Resources □ Cultural Resources □ Energy
□ Geology and Soils □ Greenhouse Gas
Emissions
□ Hazards and Hazardous
Materials
□ Hydrology and Water
Quality
□ Land Use and Planning □ Mineral Resources
□ Noise □ Population and
Housing
□ Public Services
□ Recreation □ Transportation □ Tribal Cultural Resources □ Utilities and Service
Systems
□ Wildfire □ Mandatory Findings
of Significance
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City of Livingston
City of Livingston 2024-2032 Housing Element Update
24 4.2 Determination
Based on this analysis:
□ Substantial changes are proposed in the project or there are substantial changes in the circumstances under which the project will be undertaken that will require major revisions to the previous EIR due to the involvement of significant new environmental effects or a substantial increase in the severity of previously identified significant effects. Or, there is "new information of substantial importance," as that term is used in CEQA Guidelines Section 15162(a)(3). Therefore, a SUBSEQUENT or SUPPLEMENTAL EIR is required. ■ No substantial changes are proposed in the project and there are no substantial changes in the circumstances under which the project will be undertaken that will require major revisions to the previous EIR due to the involvement of significant new environmental effects or a substantial increase in the severity of previously identified significant effects.
Also, there is no "new information of substantial importance" as that term is used in CEQA Guidelines Section 15162(a)(3). Therefore, the previously certified EIR is adequate and this evaluation serves as an ADDENDUM to the City of Livingston General Plan Update Environmental Impact Report (General Plan EIR). State Clearinghouse Number 199042020 certified November 1999.
Signature Date
Printed Name Title
887 Page 570 of 912
Addendum Evaluation Methodology
EIR Addendum 25
5 Addendum Evaluation Methodology
5.1 General Plan Consistency
The Housing Element is a component of the 1999 General Plan and is periodically updated pursuant to state law. Therefore, the Housing Element Update is consistent with the vision of the General Plan and is supported by goals and policies of the other General Plan Elements. The General Plan Elements and policies that correspond with the goals and policies of the Housing Element are summarized below:
The Land Use Element includes goals, objectives, policies, and standards for residential, commercial, industrial, and public and institutional development within Livingston. Additionally, it includes the Plan Consistency table which identifies the consistent zone district, density, and maximum intensity of persons per acre.
The Circulation Element includes goals, objectives, policies, and standards for establishing a safe and efficient transportation system that provides adequate access throughout the city. The Open Space, Conservation, and Recreation Element includes goals, objectives, policies, and standards for preserving agricultural land, protecting natural resources, and providing recreational opportunities for the community.
The Urban Boundary Element includes goals, objectives, policies, and standards for ensuring orderly urban growth while preserving resource lands, protecting open space, and encouraging energy conservation.
The Community Design Element includes goals, objectives, policies, and standards for improving the appearance of city streets and residential, commercial, and industrial development within the city.
The Noise Element includes goals, objectives, policies, and standards for protecting residents from exposure to excessive noise. It also includes the Land Use Compatibility for New Development near Transportation and Noise Sources table which shows acceptable exterior noise exposure levels, as well as the Maximum Allowable Noise Exposure – Transportation Noise Sources and the Maximum Allowable Noise Exposure – Stationary Noise Sources tables which outlines the maximum noise levels not to be exceeded for transportation sources and stationary sources.
The Public Services and Facilities Element includes goals, objectives, policies, and standards for improving public facilities and providing high-quality government facilities and services to the public.
The Safety Element includes goals, objectives, policies, and standards for protecting residents against natural and manmade hazards and ensuring fire and police services are sufficient and effective.
The Housing Element includes goals, objectives, policies, and standards for facilitating housing within the city and ensuring the city satisfies its RHNA numbers.
Adoption of the Housing Element Update would require the City to amend Chapter 11 of the 1999 General Plan, which contains the Housing Element.
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City of Livingston
City of Livingston 2024-2032 Housing Element Update
26 5.2 Preliminary Environmental Constraints
State housing law requires the city to review both governmental and non-governmental constraints to the maintenance and production of housing for all income levels. Since local governmental actions can restrict the development and increase the cost of housing, State law requires the Housing Element to “address and, where appropriate and legally possible, remove governmental constraints to the maintenance, improvement, and development of housing” (Government Code Section 65583[c][3]). Several factors can constrain residential development. These include market constraints, such as development costs and interest rates, and governmental constraints, which include land use controls, fees, processing times, and development standards, among others. In addition, environmental and infrastructure constraints can also impede residential development.
For purposes of the Addendum, only the potential environmental constraints, as they relate to CEQA, were evaluated.
Environmental constraints to residential development typically relate to the presence of sensitive habitat, flooding, topography, and other natural and physical characteristics that can limit the amount of development in an area or increase the cost of development. The Housing Element Update, in and of itself, does not propose specific development projects, but rather puts forth goals, policies, and programs that support housing efforts in Livingston. Future housing development projects would be subject to developmental review to determine potential impacts specific to that project site.
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Addendum Evaluation
EIR Addendum 27
6 Addendum Evaluation
6.1 Aesthetics
General Plan EIR Aesthetics Findings
The 1999 General Plan EIR determined that impacts related to light and glare would be less than significant with the implementation of Mitigation Measure 3.7.1 which sets development standards which regulate building materials, permissible activities, and lighting for future projects. The continued implementation of mitigation measure 3.7.1 would reduce potential impacts associated with light and glare to less than significant levels and no new significant impacts have been identified as part of the proposed project.
Addendum Analysis
The Housing Element Update would accommodate anticipated population growth associated with the City’s RHNA allocation. As discussed in Section 2.7, Buildout of Proposed Project and Comparison to the 1999 General Plan EIR, buildout of the proposed project is within the buildout projections analyzed in the General Plan EIR. The Zoning Code Update and Zoning Map Amendment would not result in any physical development.
Future development facilitated by the proposed project would undergo project-specific developmental review, including design review, and would be subject to adopted development regulations, including standards that govern visual quality and community design, including mitigation measure 3.7.1. Impacts to scenic vistas, scenic resources, and state scenic highways, while not discussed in the General Plan EIR, would be evaluated as part of the project-specific environmental review required for all development facilitated by the proposed project.
The Housing Element Update anticipates the development of residential buildings within city limits, which was previously considered in the General Plan EIR. The Zoning Code Update would exempt certain housing projects from further CEQA review, and would prohibit any discretionary review, which could result in some of the City’s discretionary development standards or guidelines not being applied to a qualifying project. However, these limitations are already required under state law, so the Zoning Code Update does not result in any new impacts to aesthetics. Because the project would not facilitate development beyond what was considered in the 1999 General Plan EIR, the project would not result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
Conclusion
The project would not result in aesthetics impacts beyond those addressed or analyzed in the General Plan EIR, nor present new information that shows impacts would be more significant than those described in the General Plan EIR. Therefore, the General Plan EIR applies to the project and no additional environmental assessment of aesthetics is required. 890 Page 573 of 912
City of Livingston
City of Livingston 2024-2032 Housing Element Update
28 6.2 Agriculture and Forestry Services
General Plan EIR Agriculture and Forestry Resources Findings The General Plan EIR discussed Agriculture and Forestry resources in Section 3.8: Land Use (p. 3-23 of the EIR). As discussed therein, the implementation of the general plan would have the potential to urbanize 500 acres of prime agricultural lands, 2,570 acres of farmland of statewide importance and disrupt agricultural production or commit non-renewable agricultural lands and soils to other uses. This impact was identified and analyzed as significant and unavoidable in the General Plan EIR.
Addendum Analysis
The Housing Element Update would accommodate anticipated population growth associated with the City’s RHNA allocation. As discussed in Section 2.7, Buildout of Proposed Project and Comparison to the 1999 General Plan EIR, buildout of the proposed project is within the buildout projections analyzed in the General Plan EIR. The Zoning Code Update and Zoning Map Amendment would not result in any physical development.
While the General Plan EIR identified potentially significant agricultural and forestry impacts, the proposed project would not re-designate any lands currently designated as farmland or forestland within the city. Additionally, the project would be consistent with goals and policies included in the General Plan intended to reduce impacts to agricultural lands such as Policy 5.1.2 included in the Open Space, Conservation, and Recreation Element which encourages the increase of residential densities in single-family areas to reduce the need for conversion of agricultural land to accommodate housing. The project would increase residential densities on parcels within the city thereby reducing the need for conversion of agricultural land to accommodate additional housing units. Furthermore, future development facilitated by the proposed project would undergo projectspecific developmental review and would be required to comply with existing general plan policies and land use designations which would reduce impacts on agricultural and forestry resources within the city.
Because the project would not facilitate development beyond what was considered in the 1999 General Plan EIR, the project would not result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
Conclusion
The proposed project would not result in agricultural and forestry impacts beyond those addressed or analyzed in the General Plan EIR nor present new information that shows impacts would be more significant than those described in the General Plan EIR. Therefore, the General Plan EIR applies to the proposed project and no additional environmental assessment of agriculture and forestry is required.
6.3 Air Quality
General Plan EIR Air Quality Findings
The General Plan EIR determined that future development under the General Plan would potentially result in emissions of ozone or ozone precursors, which are associated with vehicular emissions, and PM10, which can potentially be emitted by agricultural burning, construction activities, wood891 Page 574 of 912 Addendum Evaluation
EIR Addendum 29
burning appliances, and incineration. Therefore, the General Plan would contribute to the nonattainment status of the San Joaquin Valley Air Pollution Control District and impacts would be significant and unavoidable. The General Plan EIR also determined that the General Plan has the potential to violate air quality standards resulting from short-term construction-related emissions of particulate matter smaller than ten microns, otherwise known as PM10; however, the General Plan EIR determined that impacts would be mitigated to a less than significant level with the implementation of General Plan Policy 5.2.8 which requires new construction activities to comply with the San Joaquin Valley Air Pollution Control District’s Guide for Assessing and Mitigating Air Quality Impacts. Additionally, conditions of project approval, included in Appendix H of the General Plan EIR, would be applicable to future development to reduce impacts to less than significant levels.
Addendum Analysis
Future development facilitated by the proposed project would undergo project-specific developmental review and would be required to comply with existing policies and regulations, including General Plan Policy 5.2.8 which requires new construction activities to comply with the San Joaquin Valley Air Pollution Control District’s Guide for Assessing and Mitigating Air Quality Impacts to reduce potential air quality impacts. Furthermore, because the Housing Element would not facilitate development beyond what was considered in the 1999 General Plan EIR, the project would not result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Additionally, the Zoning Code Update does not involve any physical development and the Zoning Map amendment does not change the development potential of the rezoned sites and does not result in any new impacts to air quality.
Conclusion
The project would not result in air quality impacts beyond those addressed or analyzed in the General Plan EIR, nor present new information that shows impacts would be more significant than those described in the General Plan EIR. Therefore, the General Plan EIR applies to the project and no additional environmental assessment of air quality is required.
6.4 Biological Resources
General Plan EIR Biological Resources Findings
The General Plan EIR determined that future development facilitated by the General Plan could impact sensitive plant and animal species. Impacts would be reduced through implementation of objectives, policies, and standards, included in the General Plan which encourages infill and clustered development and limits the extent of urbanization. Additionally, implementation of the General Plan mitigation measure 3.5.1, which requires the addition of Policy 5.2.10 to the General Plan would be applicable. Policy 5.2.10 of the General Plan requires biological investigations as a condition of development for projects proposed on land which has the potential to support listed plant and animal species. Continued implementation of existing General Plan policies and mitigation measure 3.5.1 would reduce impacts to special status species to a less than significant level.
Addendum Analysis
The Housing Element Update would accommodate anticipated population growth associated with the City’s RHNA allocation. As discussed in Section 2.7, Buildout of Proposed Project and Comparison 892 Page 575 of 912
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30 to the 1999 General Plan EIR, buildout of the proposed project is within the buildout projections analyzed in the General Plan EIR.
By increasing density on infill sites within the city, the proposed project would reduce potential impacts to biological resources by limiting urbanization as discussed in the General Plan EIR. Future development proposed as a result of the Housing Element Update and Zoning Map Update would be subject to project-specific environmental review and would be required to adhere to policies in the General Plan including Policy 5.2.10 which requires biological investigations as a condition of development for projects proposed on land which has the potential to support listed plant and animal species. Furthermore, future development would be required to comply with adopted federal, state, and local regulations protecting biological resources.
Because the project would not facilitate development beyond what was considered in the 1999 General Plan EIR, the project would not result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
Conclusion
The project would not result in biological impacts beyond those addressed or analyzed in the General Plan EIR nor present new information that shows impacts would be more significant than those described in the General Plan EIR. Therefore, the General Plan EIR applies to the project and no additional environmental assessment of biological resources is required.
6.5 Cultural Resources
General Plan EIR Cultural Resources Findings
The General Plan EIR discussed Cultural Resources in Section 5.4: Effects Found Not to be Significant (p. 5-6 of the EIR). As discussed therein, the General Plan would not have the potential or cause a physical change which would affect unique ethnic cultural values as the city does not contain any known cultural resources. Therefore, impacts were determined to be less than significant in the General Plan EIR.
Addendum Analysis
The Housing Element Update would accommodate anticipated population growth associated with the City’s RHNA allocation. As discussed in Section 2.7, Buildout of Proposed Project and Comparison to the 1999 General Plan EIR, buildout of the proposed project is within the buildout projections analyzed in the General Plan EIR. The Zoning Code Update and Zoning Map Amendment would not result in any physical development.
As discussed in the General Plan EIR, there are no known cultural resources within Livingston.
Future development facilitated by the Housing Element Update would undergo project-specific developmental review and would be required to adhere to all state and federal regulations to reduce impacts to cultural resources. Furthermore, because the Housing Element would not facilitate development beyond what was considered in the 1999 General Plan EIR, the project would not result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
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Conclusion
The proposed project would not result in cultural impacts beyond those addressed or analyzed in the General Plan EIR nor present new information that shows impacts would be more significant than those described in the General Plan EIR. Therefore, the General Plan EIR applies to the proposed project and no additional environmental assessment of cultural resources is required.
6.6 Energy
General Plan EIR Energy Findings
The General Plan EIR does not discuss energy impacts in detail; however, because it is now required, a discussion of impacts is provided below.
Addendum Analysis
The Housing Element Update would accommodate anticipated population growth associated with the City’s RHNA allocation. As discussed in Section 2.7, Buildout of Proposed Project and Comparison to the 1999 General Plan EIR, buildout of the proposed project is within the buildout projections analyzed in the General Plan EIR. The Zoning Code Update and Zoning Map Amendment would not result in any physical development.
Future development facilitated by the Housing Element Update would be required to adhere to the current California Energy Code and California Green Building Standards Code standards, which include requirements for the use of more energy-efficient design and technologies as well as the incorporation of more renewable energy resources into building design than the California Green Building Standards Code standards that were in place during the General Plan EIR analysis.
The Housing Element Update, in and of itself, does not include a specific project involving a new housing development but puts forth goals and policies that support housing efforts in Livingston consistent with the overall vision of the General Plan. Although future projects would involve the consumption of non-renewable energy resources such as electricity, natural gas, propane, gasoline, and diesel, they would be required to comply with State and local regulations pertaining to energy, such as Title 20, Energy Building Regulation, and Title 24, Energy Conservation Standards, of the California Code of Regulations. With compliance with existing regulations, impacts related to wasteful, inefficient, or unnecessary consumption of energy resources would be less than significant.
Conclusion
Impacts related to wasteful, inefficient, or unnecessary consumption of energy resources would be less than significant. The project would not result in impacts beyond those described in the General Plan EIR. Therefore, the General Plan EIR applies to the project and no additional environmental assessment of energy is required.
6.7 Geology and Soils
General Plan EIR Geology and Soils Findings
The General Plan EIR determined that impacts associated with the exposure of people to geologic hazards would be less than significant because Livingston has a low maximum expectable 894 Page 577 of 912
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32 earthquake intensity and new development would be built in accordance with the Uniform Building Code. Impacts associated with unsafe geological conditions would be less than significant with implementation of Mitigation Measure 3.2.2 which requires site plans and tentative maps for properties located in Section 23, Township 6 South, Range 11 East, MD B&M to be routed to the California Department of Conservation’s Division of Oil, Gas and Geothermal Resources Coalinga offices during initial environmental review for comment and appropriate conditions of approval.
Overall, impacts were determined to be less than significant in the General Plan EIR.
Addendum Analysis
The Housing Element Update would accommodate anticipated population growth associated with the City’s RHNA allocation. As discussed in Section 2.7, Buildout of Proposed Project and Comparison to the 1999 General Plan EIR, buildout of the proposed project is within the buildout projections analyzed in the General Plan EIR. The Zoning Code Update and Zoning Map Amendment would not result in any physical development.
Individual projects under the Housing Element Update would undergo project-specific developmental review, including design review, and would be subject to adopted development regulations such as the California Building Code and International Building Code’s regulations and standards regarding seismic safety of buildings and structures.
Additionally, development facilitated by the proposed project would be subject to compliance with the policy required by Mitigation Measure 3.2.2 included in the General Plan EIR. This policy requires that site plans and tentative maps for properties located in Section 23, Township 6 South, Range 11 East, MD B&M, otherwise located in the vicinity of Olive Avenue alignment and the Union Pacific Railroad, be routed to the California Department of Conservation’s Division of Oil, Gas, and geothermal Resources Coalinga offices during initial environmental review for comment and appropriate conditions of approval. Adherence to Mitigation Measure 3.2.2 as included in the General Plan EIR and applicable regulations would ensure that the project would not result in increased impacts related to geology and soils.
Because the project would not facilitate development beyond what was considered in the 1999 General Plan EIR, the project would not result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
Conclusion
The proposed project would not result in geology and soils impacts beyond those addressed or analyzed in the General Plan EIR nor present new information that shows impacts would be more significant than those described in the General Plan EIR. Therefore, the General Plan EIR applies to the proposed project and no additional environmental assessment of geology and soils is required.
6.8 Greenhouse Gas Emissions
General Plan EIR Greenhouse Gas Emissions Findings
The General Plan EIR does not discuss greenhouse gas (GHG) emissions impacts in detail; however, because it is now required, a discussion of impacts is provided below. 895 Page 578 of 912
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Addendum Analysis
The Housing Element Update is a policy document consistent with the General Plan. Potential GHG emission impacts cannot be assessed in a meaningful way until a project-specific analysis that takes into account factors including the size of the development, construction GHG emissions, project operational emissions, and potential vehicle miles traveled is conducted. Because it is a policy document, the Housing Element Update would not, in and of itself, result in impacts to GHG emissions or adopted plans for the purpose of reducing GHGs. The Zoning Code Update and Zoning Map Amendment would not result in any physical development. Future development consistent with the Housing Element Update would be required to adhere to applicable climate and GHG emissions policies and regulations including consistency with SB 32, AB 32, SB 97, and SB 375.
Furthermore, the proposed project would increase density within the city to accommodate planned growth which would reduce vehicle miles travelled and therefore reduce GHG emissions by promoting the creation of housing in areas near transit and other necessary services. With compliance with existing regulations, impacts related to GHG emissions would be less than significant.
Conclusion
The project would result in less than significant GHG impacts. The project would not result in impacts beyond those addressed or analyzed in the General Plan EIR nor present new information that shows impacts would be more significant than those described in the General Plan EIR.
Therefore, the General Plan EIR applies to the project and no additional environmental assessment of GHG emissions is required.
6.9 Hazards and Hazardous Materials
General Plan EIR Hazards and Hazardous Materials Findings The General Plan EIR discussed hazards and hazardous materials impacts in Section 3.9: Public Safety (p. 3-30 of the EIR). As discussed therein, the General Plan update does not change existing state and federal regulations that govern the manufacturing, transportation, use, or storage of hazardous materials. These regulations will remain in effect and be enforceable by the appropriate agency. Therefore, impacts were determined to be less than significant in the General Plan EIR.
Addendum Analysis
The Housing Element Update would accommodate anticipated population growth associated with the City’s RHNA allocation. As discussed in Section 2.7, Buildout of Proposed Project and Comparison to the 1999 General Plan EIR, buildout of the proposed project is within the buildout projections analyzed in the General Plan EIR. The Zoning Code Update and Zoning Map Amendment would not result in any physical development.
Individual projects under the Housing Element Update would undergo project-specific developmental review, including design review, and would be subject to adopted federal, state, and local regulations. Furthermore, because the project would not facilitate development beyond what was considered in the 1999 General Plan EIR, the project would not result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
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34 Conclusion
The proposed project would not result in hazards and hazardous materials impacts beyond those addressed or analyzed in the General Plan EIR nor present new information that shows impacts would be more significant than those described in the General Plan EIR. Therefore, the General Plan EIR applies to the proposed project, and no additional environmental assessment of hazards and hazardous materials is required.
6.10 Hydrology and Water Quality
General Plan EIR Hydrology and Water Quality Findings
The General Plan EIR determined that flooding impacts would be less than significant with implementation of Mitigation Measure 3.4.1 which requires the addition of Safety Element Policy
10.4.3. Safety Element Policy 10.4.3 would require future development proposals to be analyzed according to the Storm Drain Collection System study and Master Plan. Implementation of mitigation measure 3.4.1 would reduce flooding impacts to a less than significant level. The General Plan EIR determined that all other impacts to water supply and water quality would be mitigated by existing NPDES discharge standards and through regulatory control from agencies commenting on development proposals. Overall impacts were determined to be less than significant in the General Plan EIR.
Addendum Analysis
The Housing Element Update, including the Zoning Code Update and Zoning Map Amendment, would accommodate anticipated population growth associated with the City’s RHNA allocation. As discussed in Section 2.7, Buildout of Proposed Project and Comparison to the 1999 General Plan EIR, buildout of the proposed project is within the buildout projections analyzed in the General Plan EIR.
The Zoning Code Update and Zoning Map Amendment would not result in any physical development.
Individual projects under the Housing Element Update would undergo project-specific developmental review, including design review, and would be subject to adopted regulations including Chapter 12 of the Livingston Municipal Code which sets standards for stormwater management. Additionally, development facilitated by the proposed project would be required to comply with Mitigation Measure 3.4.1 included in the General Plan EIR which requires future development proposals to be analyzed according to the Storm Drain Collection System study and Master Plan to reduce impacts associated with flooding. The proposed project would implement the General Plan, thereby resulting in the same hydrology and water quality impacts from new development as evaluated in the certified EIR.
Conclusion
The proposed project would not result in hydrology and water quality impacts beyond those addressed or analyzed in the General Plan EIR nor present new information that shows impacts would be more significant than those described in the General Plan EIR. Therefore, the General Plan EIR applies to the proposed project and no additional environmental assessment of hydrology and water quality is required.
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6.11 Land Use and Planning
General Plan EIR Land Use Planning Findings
The General Plan EIR concluded that implementation of the General Plan would not have significant impacts with regards to the division of an established community or the loss of open space.
Additionally, the General Plan EIR determined that with implementation of the Land Use section of the General Plan the General Plan would provide for orderly growth and development within the city and provide the necessary infrastructure to areas of new growth and development which would reduce land use impacts to less than significant levels.
Addendum Analysis
The Housing Element Update would accommodate anticipated population growth associated with the City’s RHNA allocation. As discussed in Section 2.7, Buildout of Proposed Project and Comparison to the 1999 General Plan EIR, buildout of the proposed project is within the buildout projections analyzed in the General Plan EIR. The Zoning Code Update and Zoning Map Amendment would not result in any physical development.
Future development facilitated by the project would undergo project-specific developmental review, including design review, and would be subject to adopted development standards and policies including those in the Land Use Element of the General Plan.
Adherence to the goals and policies included in the Land Use Element of the General Plan would ensure that the Housing Element Update would not conflict with a land use plan or policy.
Additionally, because the project would facilitate the development of housing primarily on infill sites within the city, development facilitated by the proposed project would not divide an established community. Because the project would not facilitate development beyond what was considered in the 1999 General Plan EIR, the project would not result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
Conclusion
The proposed project would not result in land use and planning impacts beyond those addressed or analyzed in the General Plan EIR nor present new information that shows impacts would be more significant than those described in the General Plan EIR. Therefore, the General Plan EIR applies to the proposed project and no additional environmental assessment of land use and planning is required.
6.12 Mineral Resources
General Plan EIR Mineral Resources Findings
The General Plan EIR determined that there would be no impact to mineral resources as the city does not contain any known significant mineral resources.
Addendum Analysis
As discussed in the General Plan EIR, there are no known significant mineral resources or mining operations in the city, therefore, the project would have no impact on mineral resources, similar to the General Plan EIR.
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36 Conclusion
The proposed project would not result in mineral resource impacts beyond those addressed or analyzed in the General Plan EIR nor present new information that shows impacts would be more significant than those described in the General Plan EIR. Therefore, the General Plan EIR applies to the proposed project and no additional environmental assessment of mineral
6.13 Noise
General Plan EIR Noise Findings
The General Plan EIR determined that implementation of the General Plan could result in increased noise associated with traffic growth, increased railroad operation, and industrial uses which could exceed acceptable noise standards. Additionally, the growth of Livingston would result in the development of additional noise-sensitive land uses such as residences, hospitals, and schools.
However, impacts would be reduced to less than significant levels through implementation of the Noise Element which establishes standards for acceptable noise levels and policies to implement them. Overall, impacts were determined to be less than significant in the General Plan EIR.
Addendum Analysis
The Housing Element Update would accommodate anticipated population growth associated with the City’s RHNA allocation. As discussed in Section 2.7, Buildout of Proposed Project and Comparison to the 1999 General Plan EIR, buildout of the proposed project is within the buildout projections analyzed in the General Plan EIR. The Zoning Code Update and Zoning Map Amendment would not result in any physical development.
Future development facilitated by the project would undergo project-specific developmental review, including design review, and would be subject to adopted development standards and policies including those in Chapter 7 of the Livingston Municipal Code and in the Noise Element of the General Plan. Because the project would not facilitate development beyond what was considered in the 1999 General Plan EIR, the project would not result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
Conclusion
The proposed project would not result in noise impacts beyond those addressed or analyzed in the General Plan EIR nor present new information that shows impacts would be more significant than those described in the General Plan EIR. Therefore, the General Plan EIR applies to the proposed project and no additional environmental assessment of noise is required.
6.14 Population and Housing
General Plan EIR Population and Housing Findings
As discussed in Section 3.8: Land Use of the General Plan EIR, the General Plan could induce substantial population growth; however, impacts would be less than significant as long as the actual growth rate over the planning period does not exceed the projected growth rate of five percent through 2020. Additionally, the General Plan EIR determined that implementation of the General 899 Page 582 of 912
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Plan would have a less than significant impact with regards to displacing a substantial number of existing residential units or people. A discussion of the proposed project’s impacts in these areas is included in the analysis below.
Additionally, as discussed in Section 3.10 Housing and Population of the General Plan EIR, implementation of the General Plan and Housing element would reduce impacts to the availability of safe affordable housing. Furthermore, implementation of the Housing Element would reduce impacts associated with the deterioration of existing and future housing stock within the city to less than significant levels. Discussion of these impacts is no longer required and therefore is not included in the analysis below.
Addendum Analysis
The Housing Element Update would accommodate anticipated population growth associated with the City’s RHNA allocation. As discussed in Section 2.7, Buildout of Proposed Project and Comparison to the 1999 General Plan EIR, buildout of the proposed project is within the buildout projections analyzed in the General Plan EIR. The Zoning Code Update and Zoning Map Amendment would not result in any physical development.
The proposed project would promote the development of housing to meet the city’s RHNA requirement and ensure that the Housing Element is in compliance with state law to accommodate anticipated population growth within the city. Future development facilitated by the project would undergo project-specific developmental review, including design review, and would be subject to adopted development regulations. Furthermore, because the project would not facilitate development beyond what was considered in the 1999 General Plan EIR, the project would not result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
Conclusion
The proposed project would not result in population and housing impacts beyond those addressed or analyzed in the General Plan EIR nor present new information that shows impacts would be more significant than those described in the General Plan EIR. Therefore, the General Plan EIR applies to the proposed project and no additional environmental assessment of population and housing is required.
6.15 Public Services
General Plan EIR Public Services Findings
The General Plan EIR determined that with implementation of Safety Element policies which establish standards for public safety staffing and response that will be used to maintain acceptable emergency services as the city grows, impacts related to conflicts with emergency response or emergency evacuation plans would be less than significant. Impacts related to fire services would be reduced to less than significant levels through implementation of Mitigation Measure 3.9.3 which requires the addition of Safety Element Policy 10.2.A.2 to the General Plan. Safety Element Policy
10.2.A.2 would amend the fire service ratio to one fire company per 10,000 residents to meet a ratio acceptable by the Merced County Fire Department. Secondary effects from emergencies such as fire and disrupted water supply would be mitigated through implementation of Safety Element 900 Page 583 of 912
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38 Polices which would result in effective response and inter-agency cooperation during emergencies.
Overall, impacts were determined to be less than significant in the General Plan EIR.
Addendum Analysis
The Housing Element Update would accommodate anticipated population growth associated with the City’s RHNA allocation. As discussed in Section 2.7, Buildout of Proposed Project and Comparison to the 1999 General Plan EIR, buildout of the proposed project is within the buildout projections analyzed in the General Plan EIR. The Zoning Code Update and Zoning Map Amendment would not result in any physical development.
The fundamental regulations and requirements of the General Plan and Zoning Code, such as meeting design standards, would still apply to future development in the city. Goals and policies in the Safety Element of the General Plan would reduce impacts to the furthest extent possible. These goals, policies, and measures would continue to be required with implementation of the proposed project. Additionally, Mitigation Measure 3.9.3 which requires an amendment to the fire service ratio, would be applicable to future development facilitated by the proposed project.
The project would result in a buildout that would fall within the buildout numbers that were previously analyzed, thereby resulting in similar public services impacts from new development as under the General Plan. Future development facilitated by the project would undergo projectspecific developmental review, including design review, and would be subject to adopted development regulations. The proposed project would implement the General Plan to reduce impacts to public services. Furthermore, Because the project would not facilitate development beyond what was considered in the 1999 General Plan EIR, the project would not result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
Conclusion
The proposed project would not result in public services impacts beyond those addressed or analyzed in the General Plan EIR nor present new information that shows impacts would be more significant than those described in the General Plan EIR. Therefore, the General Plan EIR applies to the proposed project and no additional environmental assessment of public services is required.
6.16 Recreation
General Plan EIR Recreation Findings
The General Plan EIR determined that impacts related to parks and recreational facilities would be less than significant with implementation of General Plan policies included in the Land Use Element which would regulate growth and development and provide new infrastructure where needed in the city.
Addendum Analysis
The Housing Element Update would accommodate anticipated population growth associated with the City’s RHNA allocation. As discussed in Section 2.7, Buildout of Proposed Project and Comparison to the 1999 General Plan EIR, buildout of the proposed project is within the buildout projections analyzed in the General Plan EIR. The Zoning Code Update and Zoning Map Amendment would not result in any physical development.
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The Housing Element Update would result in a buildout that would fall within the buildout numbers that were previously analyzed, thereby resulting in similar recreation impacts from new development as under the General Plan.
Additionally, goals and policies in the Land Use Element of the General Plan that were referenced in the General Plan EIR such as Policy 5.3.6 which establishes park acreage standards would be applicable to future development facilitated by the proposed project. These policies would reduce impacts to the furthest extent possible.
Future development facilitated by the project would undergo project-specific developmental review, including design review, and would be subject to adopted development regulations. The proposed project would implement the General Plan to reduce impacts related to recreation.
Furthermore, because the project would not facilitate development beyond what was considered in the 1999 General Plan EIR, the project would not result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
Conclusion
The proposed project would not result in recreation impacts beyond those addressed or analyzed in the General Plan EIR nor present new information that shows impacts would be more significant than those described in the General Plan EIR. Therefore, the General Plan EIR applies to the proposed project and no additional environmental assessment of recreation is required.
6.17 Transportation
General Plan EIR Transportation Findings
The General Plan EIR does not address consistency with CEQA Guidelines Section 15064.3, subdivision (b), since the General Plan EIR was prepared and certified prior to the adoption of SB 743. The General Plan EIR analyzed Level of Service instead of vehicle miles traveled, and found that traffic impacts would be less than significant with implementation of General Plan objectives and policies and mitigation measure 3.11.1which requires the addition of Policy 6 to the General Plan.
Policy 6 would require Livingston to participate in a joint State Route 99 Corridor Study with Caltrans and MCAG to determine the solution and funding options for the improvements needed to maintain an acceptable Level of Service on State Route 99 through Livingston. With implementation of mitigation measure 3.11.1 and General Plan objectives and policies, impacts were determined to be less than significant in the General Plan EIR.
Addendum Analysis
No specific developments are being approved as part of the project; therefore, the project would not directly or indirectly result in transportation impacts. Furthermore, the proposed project would increase density within the city to accommodate planned growth which would reduce vehicle miles travelled by promoting the creation of housing in areas near transit and other necessary services within the city. Future development facilitated by the project would undergo project-specific developmental review, including transportation analyses, and would be subject to adopted policies and programs identified in the General Plan EIR.
Because the project would not facilitate development beyond what was considered in the 1999 General Plan EIR, the project would not result in new significant environmental effects or a substantial increase in the severity of previously identified significant effects. 902 Page 585 of 912
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40 Conclusion
The project would not result in transportation impacts beyond those addressed or analyzed in the General Plan EIR nor present new information that shows impacts would be more significant than those described in the General Plan EIR. Therefore, the General Plan EIR applies to the project and no additional environmental assessment of transportation is required.
6.18 Tribal Cultural Resources
General Plan EIR Tribal Cultural Resource Findings
The General Plan EIR does not discuss impacts to tribal cultural resources in detail; however, because it is now required, a discussion of impacts is provided below.
Addendum Analysis
In accordance with the requirements of SB 18, the City requested a tribal contact list from the California Native America Heritage Commission on July 24, 2024. The Native America Heritage Commission responded to the City’s request on July 29, 2024, providing a list of 12 contacts from seven Native American tribal organizations that should be invited to consult with the City. The contact list included the following tribal organizations: Amah Mutsun Tribal Band, North Fork Rancheria of Mono Indians, Northern Valley Yokut / Ohlone Tribe, Picayune Rancheria of the Chukchansi Indians, Southern Sierra Miwuk Nation, Tule River Indian Tribe, and Wuksachi Indian Tribe/Eshom Valley Band.
On August 8, 2025 and May 12, 2026, the City sent letters inviting the seven tribes to consult with the City under the provisions SB 18. The invitations advised the tribes that if consultation was desired, then they must formally accept the invitation in writing within 90-days of receipt of the City’s letter pursuant to SB 18. The City received 0 responses.
The proposed project, in and of itself, would not propose or authorize specific development.
Because the project is a policy document, the proposed project would not, in and of itself, result in impacts to tribal cultural resources such as causing a substantial adverse change in the significance of a tribal cultural resource. Future development facilitated by the project would undergo projectspecific developmental review, including design review, and would be subject to adopted development regulations and subject to AB 52 compliance. Therefore, impacts would be less than significant.
Conclusion
The proposed project would not result in significant tribal cultural resources impact. Impacts would not be more significant than those described in the General Plan EIR. Therefore, the General Plan EIR applies to the proposed project, and no additional environmental assessment of tribal cultural resources is required.
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6.19 Utilities and Service Systems
General Plan EIR Utilities and Service Systems Findings Water Supply
The General Plan EIR determined that impacts related to water supply would be less than significant with implementation of General Plan policies including Policy 9.1.17-22 which requires that findings be made by the Public Works Department to document that an adequate supply of water and sewer capacity is available to serve each development prior to approval by the City Council and that conditions of approval are implemented with each development prior to issuance of a building permit. Additionally, policies and standards listed in Public Services and Facilities Element (Objective
9.1.B, policy 9.1.2, 3, 4, 8-13, 16 and 9.2.A.2) and the Open Space, Conservation and Recreation Element (policies 5.3.A.6, 8, 28, 29) would reduce impacts by providing planning mechanisms to ensure that adequate services exist for new and existing urban uses within the city.
Wastewater
Wastewater impacts would be less than significant due to the arrangement of the land use plan to accommodate logical growth within the service capacity.
Solid Waste
Impacts related to solid waste generation would be less than significant because solid waste facilities used by the City of Livingston are considered to be adequate for an additional 30-35 years.
Stormwater, Electricity, and Telecommunications
A discussion of stormwater, telecommunications facilities, and electricity is not included in the general Plan EIR, however analysis of these impact areas is included below.
Addendum Analysis
Water Supply, Wastewater, and Solid Waste
The Housing Element Update would accommodate anticipated population growth associated with the City’s RHNA allocation. As discussed in Section 2.7, Buildout of Proposed Project and Comparison to the 1999 General Plan EIR, buildout of the proposed project is within the buildout projections analyzed in the General Plan EIR. The Zoning Code Update and Zoning Map Amendment would not result in any physical development.
While the proposed project would update the General Plan, buildout of the proposed project would fall within the buildout numbers that were previously analyzed, thereby resulting in similar water supply, wastewater, and solid waste impacts from new development as under the General Plan.
Future development facilitated by the project would undergo project-specific developmental review, including design review, and would be subject to adopted development regulations. The proposed project would implement the General Plan, thereby resulting in the same utilities impacts from new development as evaluated in the certified EIR. 904 Page 587 of 912
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42 Electricity and Telecommunications
The proposed project, in and of itself, would not propose or authorize specific development.
Because the project is a regulatory update, the proposed project would not, in and of itself, result in impacts on electricity and telecommunications utilities. Future development facilitated by the project would undergo project-specific developmental review, including design review. Therefore, impacts would be less than significant.
Conclusion
The proposed project would not result in utility impacts beyond those addressed or analyzed in the General Plan EIR nor present new information that shows impacts would be more significant than those described in the General Plan EIR. Therefore, the General Plan EIR applies to the proposed project, and no additional environmental assessment of utilities is required.
6.20 Wildfire
General Plan EIR Wildfire Findings
The General Plan EIR does not discuss wildfire impacts in detail; however, because it is now required, a discussion of impacts is provided below.
Addendum Analysis
There are no State Responsibility Areas or Very High Fire Hazard Severity Zones within the city of Livingston (California Department of Forestry and Fire Protection 2024). The nearest Very High Fire Hazard Severity Zone is approximately 25 miles west of the city. Because it is a policy document, the Housing Element Update would not, in and of itself, result in impacts to wildfire. The Zoning Code Update and Zoning Map Amendment would not result in any physical development. Future development facilitated by the project would undergo project-specific review and would be subject to adopted development standards including Chapter 2 of the Livingston Municipal Code, which includes fire prevention measures; General Plan policies 10.2.1 through 10.2.10, which would reduce impacts associated with wildfire hazards; and the California Fire Code. With implementation of these standards, impacts would be less than significant.
Conclusions
The proposed project would have less than significant wildfire impacts. The project would not result in impacts beyond those addressed or analyzed in the General Plan EIR nor present new information that shows impacts would be more significant than those described in the General Plan EIR.
Therefore, the General Plan EIR applies to the project, and no additional environmental assessment of wildfire is required.
6.21 Cumulative Impacts
General Plan EIR Findings
The General Plan EIR Section 5.5 found significant and unavoidable cumulative impacts related to air quality, transportation, and agricultural lands. The General Plan EIR did not identify other significant cumulative impacts.
905 Page 588 of 912
Addendum Evaluation
EIR Addendum 43
Addendum Analysis
Since certification of the 1999 General Plan EIR, there has been no substantial development beyond the scope of the General Plan EIR that has been constructed within the city, and growth within the city has occurred at a slower rate than was anticipated in the 1999 General Plan EIR (refer to Section
2.7, Buildout of Proposed Project and Comparison to the 1999 General Plan EIR). There are no new substantial cumulative projects in the City that were not previously considered in the 1999 General Plan EIR. The cumulative conditions in the General Plan EIR have not substantially changed; therefore, the cumulative setting in the General Plan EIR remains the same for the purposes of this analysis.
The proposed project would not result in new impacts compared to the General Plan EIR as analyzed in this Addendum. While the project would result in the potential future development of a greater number of housing units in the City than analyzed in the General Plan EIR, the physical development area of the City would not be modified. Therefore, no new or additional cumulatively considerable contributions to a significant cumulative impact would occur as a result of the project.
Conclusion
The Housing Element Update would not result in cumulative impacts beyond those addressed or analyzed in the General Plan EIR nor present new information that shows impacts would be more significant than those described in the General Plan EIR. Therefore, the General Plan EIR applies to the project, and no additional environmental assessment of cumulative impacts is required. 906 Page 589 of 912
City of Livingston
City of Livingston 2024-2032 Housing Element Update
44 7 Summary of Findings
The Housing Element Update is part of the City’s General Plan, and like other elements within the General Plan, it includes goals and policies that the City should meet when it comes to the planning of housing. The Housing Element is also unique from the other elements within the General Plan because it is required to be periodically updated to align with the State’s allocation of the RHNA.
Also, the Housing Element includes Housing Programs, such as the Rezoning Program, which are required to be implemented within the planning period established for the Housing Element. These programs are usually implemented over time after the element is adopted.
The project does not involve site-specific projects; therefore the adoption of the project would be consistent with the General Plan EIR certified in November 1999. The General Plan EIR analyzed full buildout of the City’s General Plan. Future development facilitated by the Housing Element, including the Zoning Code Update and Zoning Map Amendment, would be subject to applicable development standards and reviews established by City ordinances. Additionally, future development requiring discretionary review may be subject to CEQA compliance if it is not consistent with the General Plan or Housing Element.
It has been determined through this analysis that the adoption of the project would not result in impacts beyond those addressed or analyzed in the General Plan EIR, nor does the project present new information that shows impacts would be more significant than those described in the General Plan EIR. Therefore, the General Plan EIR applies to the project, and no additional environmental compliance is required.
The analysis pursuant to Section 15162 demonstrates whether the lead agency can approve the activity as being within the scope of the existing certified EIR, that an addendum to the existing EIR would be appropriate, and no new environmental document, such as a new EIR, would be required.
The addendum need not be circulated for public review but can be included in or attached to the final EIR, and the decision-making body shall consider the addendum with the final EIR prior to deciding on the project.
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Summary of Findings
EIR Addendum 45
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City of Livingston
City of Livingston 2024-2032 Housing Element Update
46 8 References
8.1 Bibliography
Livingston, City of. 1999a. Livingston General Plan. Adopted December 1999. https://www.cityoflivingston.org/sites/default/files/fileattachments/community_developm ent/page/2651/1999gpandeir.pdf.
Livingston, City of. 1999b. Final Environmental Impact Report for the Livingston General Plan Update. SCH No. 199042020. Certified November 1999.
https://www.cityoflivingston.org/sites/default/files/fileattachments/community_developm ent/page/2651/1999gpandeir.pdf.
California Department of Finance (DOF). 2024. E-5 Population and Housing Estimates for Cities, Counties, and the State, 2020-2024.
https://dof.ca.gov/forecasting/demographics/estimates/e-5-population-and-housingestimates-for-cities-counties-and-the-state-2020-2024/.
California Department of Forestry and Fire Protection. 2024. Fire Hazard Severity Zones in State Responsibility Area. https://osfm.fire.ca.gov/what-we-do/community-wildfirepreparedness-and-mitigation/fire-hazard-severity-zones.
Merced County Association of Governments (MCAG). 2022. Final Regional Housing Needs Allocation Plan: Merced County Region. Adopted November 17, 2022.
https://www.mcagov.org/DocumentCenter/View/3863/MCAG-RHNA-Plan_FINAL- _11172022?bidId=.
8.2 List of Preparers
Rincon Consultants, Inc. prepared this EIR Addendum under contract to the City of Livingston.
Persons involved in data gathering analysis, project management, and quality control are listed below.
RINCON CONSULTANTS, INC.
Matthew Maddox, AICP, Principal
Aileen Mahoney, Senior Environmental Planner/Project Manager Nina Bellucci, Senior Planner
Nichole Yee, Environmental Planner
Hannah Bireschi, Environmental Planner
Kay Real, Planner
909 Page 592 of 912
References
EIR Addendum 47
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ATTENTION: CITY OF LIVINGSTON LEGALS ADS IP
1416 C ST
LIVINGSTON, CA 95334
[email protected];[email protected];[email protected]
AFFIDAVIT OF PUBLICATION
Account # Order Number Identification Order PO Cols Depth 42616 Legal Ad - IPL0359693 3.0 222.0L
NOTICE OF PUBLIC HEARING
CITY OF LIVINGSTON
To All Interested Parties:
NOTICE IS HEREBY GIVEN that the Livingston City Council will hold a Public Hearing at a Regular Meeting on August 18, 2026, at 7:00 pm in the City Council Chambers to consider the Planning Commission’s recommendation on the General Plan Amendments and Rezone applications listed below. The City Council will also consider introducing and waiving the first reading of the Rezoning Ordinance that would rezone properties with the land use designations as listed below.
General Plan Amendment Application No. GPA 2025-02 through GPA 2025-07, Rezone Application No. REZ 2025-02 through REZ 2025-07- A request to amend the General Plan Land Use Diagram and Zoning Map for (6) properties in the City of Livingston as a part of a Housing implementation program of the City’s 6th Cycle Housing Element. The proposed City applications are to re-designate the properties as follows:
City Planning
Application
Numbers Location
Existing
Zoning
Existing General
Plan Land Use Proposed Zoning
Proposed
General Plan
Land Use
GPA 2025-02
REZONE 2025-02
North side of B
Street, west of
Prusso Street
(APN: 022-010-025)
5.0 Acres
Highway
Service
Commercial
(C-3)
Service
Commercial (SC)
High Density
Residential (R-3)
High Density
Residential
(HD)
GPA 2025-03
REZONE 2025-03
F Street
(APN: 022-010-018)
5.62 Acres
Low Density
Residential
(R-1)
Low Density
Residential (LD)
High Density
Residential (R-3)
High Density
Residential
(HD)
GPA 2025-04
REZONE 2025-04
12511 Peach Avenue
(APN: 047-280-003)
15 Acres
Low Density
Residential
(R-1)
Low Density
Residential (LD)
High Density
Residential (R-3)
High Density
Residential
(HD)
GPA 2025-05
REZONE 2025-05
1018 Peach Ave
(APN: 047-310-019)
6.8 acres
Low Density
Residential
(R-1)
Low Density
Residential (LD)
High Density
Residential (R-3)
High Density
Residential
(HD)
GPA 2025-06
REZONE 2025-06
1154 Peach Ave
(APN: 047-310-020)
3.0 acres
Low Density
Residential
(R-1)
Low Density
Residential (LD)
High Density
Residential (R-3)
High Density
Residential
(HD)
GPA 2025-07
REZONE 2025-07
Peach Avenue
(APN: 022-050-009)
16.8 acres
Low Density
Residential
(R-1)
Low Density
Residential (LD)
High Density
Residential (R-3)
High Density
Residential
(HD)
The R-3 High Density Residential District is intended to provide living areas within the city where development provides for high density concentrations of dwelling units in various housing types and styles with provisions for onsite recreational amenities. New development shall conform to City adopted design guidelines.
Environmental Review, an Addendum to the 2000 General Plan EIR was prepared to analyze potential changes in environmental effects associated with the Housing Element 2024-2032, Zoning Text Amendments, and compares the potential environmental impacts to the environmental impacts analyzed in the 2000 General Plan EIR. The Addendum is available at: https://www.cityoflivingston.org/commdev/page/city-livingston-housing-element-update.
The focus of the analysis in the Addendum is changes in residential units and associated population that could occur as a result of the Housing Element 2024-2032, Zoning Text Amendments, and Zoning Map Amendments. As noted in the Addendum, the population growth resulting from the amendments would be within the assumed population buildout of 68,528 people analyzed in the 2000 General Plan EIR. The Addendum concludes that there are no substantial changes that will require major revisions to the General Plan EIR due to the involvement of significant new environmental effects or a substantial increase in the severity of previously identified significant effects.
Livingston’s proposed 6th cycle Housing Element is incorporated as Appendix E of the Merced County MultiJurisdictional Housing Element. A copy of the Housing Element can be viewed at the web link listed above: Maps of the subject parcels listed above can be found at City Hall, at the Meeting and at the following weblink:
https://www.cityoflivingston.org/citycouncil/page/notice-public-hearing-cc-consider-gpa-rez-2025-05-07-6th-heupdate-8182026 The City Council will consider adopting resolutions approving the proposed GPA 2025-02 through 2025-07 and approving the waiving of the reading of an Ordinance to approve Rezones 2025-02 through 2025-07; and adopt a separate resolution approving the City’s Draft 6th Cycle Housing Element 2024-2032.
Event: City Council Meeting and Public Hearing
Topics: 1. Redesignation of six properties to allow R-3 Zoning District land uses.
2. Introducing and waiving the first reading of an Ordinance to approve the rezoning of the properties listed in the table above.
3. City of Livingston’s Sixth Cycle Housing Element for the period of 2024-2032.
Date: Tuesday, August 18, 2026, at 7:00 pm, or soon thereafter Place: City Council Chambers, 663 Main Street, Livingston.
The Public Hearing will be held in the City Council Chambers, 663 Main Street, Livingston. Project materials for the above project are available for review at the City of Livingston, 1416 C Street, after August 14, 2026. Any persons interested in the above application are invited to submit comments in writing, or orally prior to or at the Public Hearing.
Please submit written comments to: Planning Department, City of Livingston, 1416 C Street, Livingston, CA 95334, or call (209) 394-8041, Ext. 112.
Dated: July 21, 2026
/s/ ________________
Miguel A. Galvez
Contract City Planner
Declaration of Publication
2015.5 C.C.P.
STATE OF CALIFORNIA)
)ss.
County of Merced)
the undersigned,
make oath and swear that
CYPRESS MEDIA, LLC, publishers of The Merced Sun, a newspaper and E-Edition of general circulation, printed and digitally published in the City of Merced, County of Merced and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Merced, State of California, under the date of July 14, 1964 Case Number 33224 that the notice, of which the annexed is the printed or digital copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit:
1.0 insertion(s) published on:
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911 of 912
NOTICE OF PUBLIC HEARING
CITY OF LIVINGSTON
To All Interested Parties:
NOTICE IS HEREBY GIVEN that the Livingston City Council will hold a Public Hearing at a Regular Meeting on August 18, 2026, at 7:00 pm in the City Council Chambers to consider the Planning Commission’s recommendation on the General Plan Amendments and Rezone applications listed below. The City Council will also consider introducing and waiving the first reading of the Rezoning Ordinance that would rezone properties with the land use designations as listed below.
General Plan Amendment Application No. GPA 2025-02 through GPA 2025-07, Rezone Application No. REZ 2025-02 through REZ 2025-07- A request to amend the General Plan Land Use Diagram and Zoning Map for (6) properties in the City of Livingston as a part of a Housing implementation program of the City’s 6th Cycle Housing Element. The proposed City applications are to re-designate the properties as follows:
City Planning
Application
Numbers Location
Existing
Zoning
Existing General
Plan Land Use Proposed Zoning
Proposed
General Plan
Land Use
GPA 2025-02
REZONE 2025-02
North side of B
Street, west of
Prusso Street
(APN: 022-010-025)
5.0 Acres
Highway
Service
Commercial
(C-3)
Service
Commercial (SC)
High Density
Residential (R-3)
High Density
Residential
(HD)
GPA 2025-03
REZONE 2025-03
F Street
(APN: 022-010-018)
5.62 Acres
Low Density
Residential
(R-1)
Low Density
Residential (LD)
High Density
Residential (R-3)
High Density
Residential
(HD)
GPA 2025-04
REZONE 2025-04
12511 Peach Avenue
(APN: 047-280-003)
15 Acres
Low Density
Residential
(R-1)
Low Density
Residential (LD)
High Density
Residential (R-3)
High Density
Residential
(HD)
GPA 2025-05
REZONE 2025-05
1018 Peach Ave
(APN: 047-310-019)
6.8 acres
Low Density
Residential
(R-1)
Low Density
Residential (LD)
High Density
Residential (R-3)
High Density
Residential
(HD)
GPA 2025-06
REZONE 2025-06
1154 Peach Ave
(APN: 047-310-020)
3.0 acres
Low Density
Residential
(R-1)
Low Density
Residential (LD)
High Density
Residential (R-3)
High Density
Residential
(HD)
GPA 2025-07
REZONE 2025-07
Peach Avenue
(APN: 022-050-009)
16.8 acres
Low Density
Residential
(R-1)
Low Density
Residential (LD)
High Density
Residential (R-3)
High Density
Residential
(HD)
The R-3 High Density Residential District is intended to provide living areas within the city where development provides for high density concentrations of dwelling units in various housing types and styles with provisions for onsite recreational amenities. New development shall conform to City adopted design guidelines.
Environmental Review, an Addendum to the 2000 General Plan EIR was prepared to analyze potential changes in environmental effects associated with the Housing Element 2024-2032, Zoning Text Amendments, and compares the potential environmental impacts to the environmental impacts analyzed in the 2000 General Plan EIR. The Addendum is available at: https://www.cityoflivingston.org/commdev/page/city-livingston-housing-element-update.
The focus of the analysis in the Addendum is changes in residential units and associated population that could occur as a result of the Housing Element 2024-2032, Zoning Text Amendments, and Zoning Map Amendments. As noted in the Addendum, the population growth resulting from the amendments would be within the assumed population buildout of 68,528 people analyzed in the 2000 General Plan EIR. The Addendum concludes that there are no substantial changes that will require major revisions to the General Plan EIR due to the involvement of significant new environmental effects or a substantial increase in the severity of previously identified significant effects.
Livingston’s proposed 6th cycle Housing Element is incorporated as Appendix E of the Merced County MultiJurisdictional Housing Element. A copy of the Housing Element can be viewed at the web link listed above: Maps of the subject parcels listed above can be found at City Hall, at the Meeting and at the following weblink:
https://www.cityoflivingston.org/citycouncil/page/notice-public-hearing-cc-consider-gpa-rez-2025-05-07-6th-heupdate-8182026 The City Council will consider adopting resolutions approving the proposed GPA 2025-02 through 2025-07 and approving the waiving of the reading of an Ordinance to approve Rezones 2025-02 through 2025-07; and adopt a separate resolution approving the City’s Draft 6th Cycle Housing Element 2024-2032.
Event: City Council Meeting and Public Hearing
Topics: 1. Redesignation of six properties to allow R-3 Zoning District land uses.
2. Introducing and waiving the first reading of an Ordinance to approve the rezoning of the properties listed in the table above.
3. City of Livingston’s Sixth Cycle Housing Element for the period of 2024-2032.
Date: Tuesday, August 18, 2026, at 7:00 pm, or soon thereafter Place: City Council Chambers, 663 Main Street, Livingston.
The Public Hearing will be held in the City Council Chambers, 663 Main Street, Livingston. Project materials for the above project are available for review at the City of Livingston, 1416 C Street, after August 14, 2026. Any persons interested in the above application are invited to submit comments in writing, or orally prior to or at the Public Hearing.
Please submit written comments to: Planning Department, City of Livingston, 1416 C Street, Livingston, CA 95334, or call (209) 394-8041, Ext. 112.
Dated: July 21, 2026
/s/ ________________
Miguel A. Galvez
Contract City Planner
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